Pursuant to Section 65100 of the California Government Code, the planning agency for the city of Redding shall consist of the city council, planning commission, board of administrative review (board), and development services director or his or her designee (the "director"), acting under authority of this chapter.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

The city council shall have the authority to review and approve or deny general plan amendments, specific plans and amendments to specific plans, amendments to zoning districts and other provisions of this title, development agreements, appeals of planning commission determinations, and extensions of time (for projects originally considered by the city council).

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

A.

Planning Commission Created. A planning commission for the city is established and created pursuant to the provisions of Sections 65100 through 65106 of the Government Code as now or hereafter amended and the provisions of Chapter 2.52 of the Redding Municipal Code.

B.

Powers and Duties. The planning commission shall have the powers and duties provided for by Sections 65100 through 65106 of the Government Code as now or hereafter amended. In addition, the planning commission shall have the responsibility to:

1.

Investigate and make recommendations to the city council regarding reasonable and practical means for implementing the general plan or any element thereof, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space and natural resources.

2.

Provide annual reports to the city council on the status of the general plan and progress in its implementation.

3.

Clarify ambiguities regarding this chapter.

4.

Review and approve or deny site development permits, use permits, variances, tentative subdivision maps and vesting tentative maps (under Title 17, Subdivision Ordinance); grant extensions of time (for projects originally approved by the planning commission); hear appeals of decisions and interpretations of the director and board of administrative review; and make other discretionary determinations as are assigned by this chapter.

5.

Make recommendations to the city council on general plan amendments; specific plans and amendments to specific plans; amendments to Title 18 pursuant to Chapter 18.18 (Amendments to the Text or Map); and prezoning pursuant to Chapter 18.19 (Prezoning) of this title.

6.

Evaluate the potential environmental impacts of a project pursuant to the California Environmental Quality Act and adopt an environmental determination.

7.

Predevelopment Review. The planning commission may hold meetings solely for the purpose of compiling staff comments and department conditions of approval and/or conveying information to project applicants.

C.

Committees. The planning commission may establish such standing and temporary committees as it may deem expedient in the performance of its duties. Such duties may include, but are not limited to reviewing and making recommendations on zoning code updates/amendments, significant general plan amendments and specific plans.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

A.

Board of Administrative Review Created. A board of administrative review (board) for the city of Redding is hereby created, consisting of a planning commissioner, the development services director or representative, and the director of transportation and engineering or representative, as well as such other members as the city council may by resolution include.

B.

Powers and Duties. The board shall have the general power to act in an advisory capacity to the planning commission in regard to permits, licenses, and approvals that are subject to the provisions of this chapter. In addition to the foregoing general power, the board shall have the following particular powers and duties:

1.

Review and approve or deny applications for:

a.

Site development permits and minor amendments to use permits;

b.

Appeals of zoning clearance determinations;

c.

Reversion to acreage (under Title 17);

d.

Certificate of compliance (under Title 17);

e.

Parcel maps (under Title 17);

f.

Comprehensive Sign Plan;

g.

Environmental determinations;

h.

Other permits or actions required by the Redding Municipal Code.

2.

Require such project revisions, alternatives, and conditions as may be necessary to achieve consistency with the Redding general plan, as well as compliance with the provisions of this chapter and other applicable laws, titles, ordinances, codes, policies and regulations.

3.

Study, consider, and recommend on matters related to the development review process established by the city pursuant to this chapter.

4.

Evaluate the potential environmental impacts of a project pursuant to the California Environmental Quality Act (CEQA) and adopt or recommend adoption of environmental documents.

C.

Chair. The chairman of the planning commission or his or her designated representative shall serve as chair of the board of administrative review.

D.

Predevelopment Review. The board may hold meetings solely for the purpose of compiling staff comments and department conditions of approval and/or conveying information to project applicants.

E.

Meetings and Rules of Procedure. The board shall hold regularly scheduled monthly meetings and designate the times, dates and places thereof. Special meetings may be called by the chairman or by a majority of the board; provided, that adequate legal notice is given. Applications before the board may be referred to the planning commission at the discretion of the planning commission representative.

(Ord. 2374 § 23, 2006; Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

This title shall be administered by the development services director (the "director"), whose responsibilities include the following functions to be carried out either directly or by subordinate employees under supervision or direction of the director.

A.

Powers and Duties.

1.

Application Process. All applications for permit, licenses and approvals pursuant to this chapter shall be submitted to the director for processing. The director or his or her designee shall be responsible for the:

a.

Determination of completeness of applications;

b.

Completion of appropriate documentation under CEQA for permits issued and actions taken pursuant to the zoning ordinance;

c.

Collection of applicable fees;

d.

Establishment of a permanent file;

e.

Posting/publication of public notices;

f.

Preparation of reports;

g.

Processing of appeals;

h.

Presentation of staff reports to the board, planning commission and city council.

2.

The director shall have the authority to review and approve or deny the following:

a.

Site development permit (director);

b.

Zoning clearance;

c.

Temporary use permits;

d.

Zoning exceptions;

e.

Administrative sign permits;

f.

Other permits or actions required by the Redding Municipal Code.

3.

The director also shall have the authority to make general plan consistency determinations as required by Section 65402(a) of the Government Code and to determine the appropriate use classification for uses not specifically listed in this chapter.

B.

Interpretation. The director shall decide any questions involving the interpretation or application of any provision of this code pursuant to the rules, standards and requirements of this title. The director's decision may be appealed to the planning commission pursuant to the provisions of Section 18.11.090 (Appeals) of this code.

C.

Coordination. The director shall refer and coordinate matters related to the administration of this chapter with other agencies, city departments and city boards and commissions and shall provide information on the status of development proposals to interested parties.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

(Ord. 2343 § 2 (part), 2005)

Whenever an application is terminated for any reason, upon written request of the applicant, a refund of fees paid may be made by the finance director in accordance with Schedule 18.10.070-A. If any portion of the application fee has been paid out by the director to another jurisdiction, firm or agency for services to be rendered in connection with the application, no refund of that portion of the fee shall be made by the finance director to the applicant. Refunds are not available once a public hearing for an application has been noticed.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Schedule 18.10.070-A: Schedule for Refund of Fees

Note:  The director may authorize a refund less than the percentage found in Schedule 18.10.070-A upon finding that funds were expended in processing the permit in excess of those presumed by that schedule.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

It is the purpose of this chapter to establish procedures which are common to the application and processing of permits for zoning exceptions, site development permits, use permits, and variances, collectively hereinafter referred to in this chapter as discretionary zoning entitlements.

(Ord. 2381 § 2 (part), 2007: Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

The director shall prescribe the form for each application required under this chapter. The director may require an applicant to submit such information and supporting data considered necessary to the processing of the application.

The city council shall by resolution fix the fee to be charged for the filing and processing of each application, the preparation of environmental impact documents, and the appeal from the decision of a subordinate agency. The city council also may require cash deposits, bonds, or other guarantees of performance as may be appropriate to ensure that the requirements of this chapter and any conditions of approval are met.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Prior to submittal of a development application, the applicant may request a preapplication meeting. The purpose of the preapplication meeting is to give the applicant the opportunity to discuss his or her development proposal with the development review staff of the city. The preapplication meeting provides information to an applicant related to the current development standards of the city. A request for a preapplication meeting, accompanied by any required fee, shall be filed with the development services department in a form prescribed and accompanied with project details and plans as determined appropriate by the director.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Upon receipt of an application, the director or his or her designee shall note the date received and shall determine whether the application is complete and accurate. Applicants shall be notified in writing within thirty days of making application if: (1) additional information must be provided in order to complete the application and/or (2) there are any material inaccuracies with the application and related materials that need to be corrected. When complete, the director shall accept the application for processing and notify the applicant in writing that the application is complete.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Where the director makes a determination to approve, conditionally approve, or deny a site development permit as authorized by Section 18.13.040 (Authorities and duties of the director), or a zoning exception in accordance with Section 18.15.070 (Determinations/action by director), the director shall, within thirty working days of a complete application, make a written determination on the application or refer it to the board of administrative review for a public hearing. The determination shall specify the nature of the action, the facts and findings that have been satisfied, and any conditions of approval. A copy of the decision shall be sent to the applicant.

For site development permits or zoning exceptions located on property that abuts a residential district, the director shall, in addition to the above, notify all owners of property within three hundred feet of the site by first class mail that a development application has been received and is under consideration, except as modified by Section 18.15.030(N), pertaining to the storage of recreational vehicles. The notice shall be mailed at least ten days prior to making a determination on the application. The notice shall provide a brief description of the use or activities requested by the applicant, shall indicate the date the decision on the application will be made, and shall indicate where information regarding the application may be obtained.

(Ord. 2362 § 1, 2006: Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

The director shall give the notice of a public hearing as required by state law. The form of the notice shall contain:

A.

The time and place of the hearing.

B.

A general explanation of the matter to be considered, including a general description of the project location.

C.

Other information which is required by statute or specific provision of this code or which the director considers necessary or desirable.

Where a public hearing for a development permit required by this chapter (site development permit, use permit and variance), the following process shall be used to provide notice of the pending hearing:

Written notice shall be given to the applicant, the applicant's representative, those persons specifically requesting notice, and all owners of property within three hundred feet of the property subject to the application as shown on the latest equalized assessment rolls. Notice shall be provided at least ten calendar days in advance of the public hearing. The director, at his or her discretion, may extend the boundaries of the notice to include additional property owners. The notice shall also be published in a newspaper of general circulation at least ten days prior to the public hearing.

Notice of public hearings related to requests to amend this title and/or the zoning map shall be completed in accordance with the provisions of Chapter 18.18 (Amendments to the Text or Map) of this title.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

The board of administrative review, planning commission, and city council shall comply with the minimum standards established by the Government Code section in the conduct of public hearings. This includes, but is not limited to, providing notice as cited above, making available to the public copies of any reports to the approving or recommending body, preserving a public record of proceedings, and providing opportunity to be heard. The board of administrative review, planning commission, and city council may establish appropriate time limits for speakers as necessary to conduct and complete the business before them.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Permits or variances issued under this chapter shall be effective: (1) following expiration of the appeal period if no appeal is filed or (2) upon resolution of the appeal by the appropriate body as determined in Section 18.11.090 (Appeals) of this chapter.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

The following shall govern appeals of approval, disapproval, or conditions of approval placed thereon for temporary use permits, site development permits, use permits, and variances and related environmental determinations. Appeals associated with zoning exceptions are addressed in Section 18.15.090 (Appeal Procedure) of this chapter.

A.

Appeals will be resolved by the following bodies:

B.

Persons unsatisfied with the appeal determination of the planning commission may appeal to the city council. Decisions of the city council are final.

C.

Appeals shall be initiated by submitting a written appeal within ten days of the action of the approving/appeal body as the case may be. Payment of a fee, as established by resolution of the city council, shall accompany the appeal. The appeal shall state the reasons for the appeal and why the appellant believes the determination of the approving body should be overturned or modified. Appeals to be heard by the board of administrative review or planning commission shall be submitted to the director. Appeals to be heard by the city council shall be submitted to the city clerk.

D.

Grounds for an appeal shall be limited to those issues established in the public record that were brought to the attention of the approving body during its consideration or in written correspondence prior to the approval or denial of the project.

1.

Issues which are the basis of an appeal must be fully disclosed in a timely fashion and in advance of the appeal hearing, so that it can be determined whether such issues were considered by the body originally acting on the project or issue under appeal.

2.

The development services director will report to the decision-making body at the time the appeal is first considered whether the items or issues being appealed were fully considered by the body which originally acted on the project or issue under appeal.

3.

At its sole discretion, the body hearing the appeal may refuse to consider issues which were not considered by the body originally acting on the project or issue under appeal or, alternatively, may remand the matter back to the body which acted on the project or issue under appeal in order to give that body an opportunity to consider the issue.

E.

Within thirty days of receipt of an appeal, the date of the public hearing to consider the appeal shall be set. The body shall render its decision following the public hearing at which the testimony of the appellant and written or oral report is considered and a determination shall be made.

F.

Notice of the appeal hearing shall be given to the appellant, persons requesting notification, and owners of properties abutting the subject property. If the permit was the subject of a public hearing, notice of the appeal shall also be made in accordance with Section 18.11.060 (Notice of Public Hearings) of this chapter.

(Ord. 2347, 2005; Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

(Ord. No. 2590, § 1, 8-21-2018)

A.

Lapse of Approval/Expiration by Failure to Utilize. Unless the conditions of approval establish a longer time limit to utilize, or the time limit for utilization has been administratively extended pursuant to subsection D of this section, all discretionary zoning entitlements shall contain a standard condition providing that the discretionary zoning entitlement shall expire and lapse three years from its date of approval and become null and void without further action by the city unless any one of the following events has occurred to utilize the permit or entitlement:

1.

If the discretionary zoning entitlement is necessary to allow for construction of improvements, a building permit has been issued and substantial construction has occurred consistent with and in reliance upon the granting of the discretionary entitlement containing the time limit for utilization, as determined by the development services director.

2.

If the discretionary zoning entitlement approves a use of property only, which is not otherwise allowed as a matter of right under the zoning ordinance, the use of the property as permitted by the discretionary zoning entitlement has been implemented.

B.

Lapse of Approval/Expiration by Non-Use. Any zoning use entitlement shall expire and become null and void when the use allowed by the entitlement is discontinued for a continuous period of one year with no further action by the city.

C.

Expiration by New Entitlement. Any discretionary zoning entitlement shall expire and be deemed void when the entitlement is superseded or replaced with a new entitlement.

D.

Extension of Expiration Date. The development services director may extend the time frame for a discretionary zoning entitlement to expire pursuant to this section for one time for one additional year, with the same conditions of approval, provided that good cause is presented to delay the expiration by the existence of extraordinary circumstances outside the control of the permittee; the approved zoning entitlement is otherwise found to be consistent with the zoning ordinance and general plan policies currently in effect; and the zoning entitlement would not otherwise be detrimental to the health, safety, and general welfare of the city. A complete application must be submitted prior to the expiration of the zoning entitlement. The development services director may refer the extension request to the board of administrative review for a public hearing.

(Ord. 2381 § 2 (part), 2007: Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

A.

Initiation of Proceedings. The planning commission on its own motion may, and if directed by the city council shall, hold a public hearing for revoking any variance or permit which has been granted pursuant to the provisions of this chapter or any ordinance superseded by this chapter. Public hearings shall be held and notice given in accordance with this chapter.

B.

Decision of the Planning Commission. After a public hearing, the planning commission may revoke a variance or permit on one or more of the following grounds:

1.

Such approval was obtained by fraud or misrepresentation.

2.

Any person making use of or relying upon the variance or permit is violating or has violated any conditions thereof; or the use for which the variance permit was granted is being or has been exercised contrary to the terms or conditions of such approval; or the use for which the approval was granted is so exercised as to be detrimental to the public health, safety, or general welfare so as to be a nuisance.

In lieu of revocation, the planning commission may amend conditions of approval and/or compose additional conditions as appropriate.

(Ord. 2381 § 2 (part), 2007: Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

If an application for a site development permit, zoning exception, use permit, or variance is disapproved, no new application for the same, or substantially the same, development plan shall be filed within one year of the date of denial of the initial application unless the denial of the initial application is made without prejudice and is so stated in the record of the proceedings.

(Ord. 2381 § 3, 2007; Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

This chapter establishes procedures for obtaining a zoning clearance. A zoning clearance assures a property owner that the use of a site or structure is an allowed land use within the applicable zoning district. In the case of new construction, the zoning clearance also ensures that the development complies with the development standards, performance criteria, and any guidelines applicable to the land use or the zoning district of the site.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

A zoning clearance is required to be obtained from the director under any of the following circumstances:

A.

Prior to issuance of a building permit for any new single-family or multiple-family residential project or commercial building, the zoning clearance will be processed simultaneously with a building permit application. A separate permit application is not required to obtain the zoning clearance.

B.

Prior to issuance of any permits or authorization as required by the Redding Municipal Code for the proposed use or construction, where applicable.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

A.

Project Review Procedures.

1.

Business License. A zoning clearance is not required for the issuance of a business license. However, obtaining a zoning clearance will conclusively establish that the proposed activity complies with the use regulations of this code and thus provides certainty to potential business owners/operators. For those that desire to obtain a zoning clearance, the director shall provide a form that indicates whether: (1) the proposed use is in conformance with the provisions of this chapter; (2) the proposed use is not allowed; or (3) other permits, such as a use permit or site development permit, must be obtained.

2.

Building or Other Permit. Prior to issuance of a building or other permit, the director shall determine whether the proposed building, use, or activity is in compliance with all provisions of this chapter; whether a use permit or site development permit is required; or if additional information is needed to make the determination. The director shall also determine whether adequate public facilities exist at the site location and whether additional right-of-way or utility easements will be required consistent with the Redding Municipal Code. Applicants for a building permit shall be notified of the determination within fourteen days of submitting a complete building or other application.

B.

Time Limits—Expiration. The zoning clearance shall be valid for the same period that the business license is in effect or the companion building or other required permit is in force.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

In order to expedite permit processing for certain discretionary permits, it is the intent of this section to establish a procedure whereby site development permits may be processed and approved by the director, board of administrative review and/or planning commission. Site development permits are designed to address discretionary uses or activities that:

A.

Have lesser impacts and warrant less intensive review than uses requiring use permits.

B.

Conform to the city's general plan and zoning ordinance.

C.

By their scope or nature have some potential to create land use conflicts with adjoining properties.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Site development permits are required for: (1) development and uses so identified on the Use Regulations tables found in Chapters 18.31 through 18.36 of this title as requiring a site development permit and (2) as required by Schedules 18.32.030 or 18.33.030.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Two specific procedures are established for the review and approval of site development permits: (1) application review and approval by the director is allowed for smaller scale projects that are exempt from review under the California Environmental Quality Act (CEQA) but that require review for compliance with this code and the design criteria identified in Section 18.40.050 of this title and (2) application review and approval by the board of administrative review is established for larger projects which, due to their nature or scale, have the potential to result in adverse environmental impacts and/or land use impacts to adjacent or nearby properties.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

If a schedule contained in Sections 18.32.030, 18.33.030 or 18.34.030 of this title requires director approval of a site development permit, the director shall review and approve applications which are consistent with the general plan, the general and specific purposes of the zoning district in which the site is located, adopted design criteria, and the provisions of this section. All provisions of this chapter pertaining to the process of review, approval, or denial of a site development permit shall pertain to actions taken by the director, except that the requirements of Section 18.11.050 of this title shall apply. The permit application may be referred to the board of administrative review for consideration; however, the notice and public hearing requirements of Section 18.13.070 of this chapter shall apply.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

The board of administrative review shall review, approve, or disapprove applications for site development permits which are consistent with the general plan, the general and specific purposes of the zoning district in which the site is located, and the provisions of this section. The permit application may be referred to the planning commission by the board of administrative review for consideration.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

An application for a site development permit, accompanied by the required fee, shall be filed with the development services department in a form prescribed by the director and shall be accompanied by plans and conceptual elevations necessary to show details of the proposed use and the proposed buildings, street access, parking and landscape areas on the premises. The plan shall also show existing and proposed topography; proposed utility connections; stormwater-detention facilities, as applicable; the improved street section for all adjacent streets, including the locations of driveways on abutting properties and across the street(s) from the site as determined appropriate by the director; and any other information determined by the director to be necessary to determine compliance with this code, including required environmental findings. When applications for related permits on a single site are filed at the same time, a public hearing shall be scheduled, at which time action on all required approvals shall be taken.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

A.

Public Hearings. The board of administrative review or the planning commission, as the case may be, shall hold a public hearing on an application for a site development permit.

B.

Notice of Hearing. Notice of the public hearing shall be given, as prescribed in Chapter 18.11 (Common Procedures) of this title.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

A.

Public Hearing. The board of administrative review or the planning commission, as determined by the director, shall conduct the public hearing and consider the application. A public hearing may be continued to a definite date and time without additional public notice.

B.

Decision and Notice. Within thirty days of the conclusion of a public hearing, the hearing body shall approve, conditionally approve, or disapprove the application; notice of the decision shall be mailed to the applicant and any other party requesting such notice within ten calendar days of the date of the decision.

C.

Limits on Conditions of Approval. No conditions of approval of a site development permit shall include use, height, bulk, density, open-space, parking, loading or sign requirements that are less restrictive than those prescribed by applicable district regulations.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

The director, board of administrative review, or planning commission, as the case may be, shall approve an application for a site development permit as it was applied for or in modified form if, on the basis of the application, plans, materials and testimony submitted, the hearing body finds that:

A.

The proposed use will not be detrimental to the health, safety and general welfare of persons residing or working in the neighborhood of such proposed use.

B.

The proposed use will not be injurious or detrimental to the general welfare of the city.

C.

The proposed use is consistent with the goals and policies established by the general plan and this code.

D.

The proposed use and project design are consistent with the design guidelines established by resolution of the city council in accordance with Section 18.40.050 (Design criteria) of this title.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Whenever a site development permit is granted, the director, board of administrative review or planning commission may impose reasonable conditions including, but not limited to, requirements for special yards, open-spaces, buffers, fences, walls, location and orientation of roll-up doors, and screening; specific building design elements; requirements for installation and maintenance of landscape and erosion-control measures; regulation of vehicular ingress and egress and traffic circulation; construction of street improvements and dedication of right-of-way for street widening or street extensions; regulation of signs; regulation of parking; preservation of trees; regulation of lighting; regulation of hours or other characteristics of operation; establishment of development schedules or time limits for performance or completion; extension and provision of public utilities and easements; requirements for periodic review by the director; and such other conditions as the hearing body may deem necessary to ensure compatibility with surrounding uses; to preserve public health, safety and welfare; and to implement the general plan.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

A site development permit shall become effective at the end of the ten-day appeal period, unless appealed. Appeals shall be resolved in accordance with the provisions established in Chapter 18.11 (Common Procedures) of this title.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

The lapse of approval, revocation and renewal of site development permits shall be governed by the procedures set forth in Chapter 18.11 (Common Procedures) of this title.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Revised Plans. A request for changes in conditions of approval of a site development permit or a change to site or building plans that would affect a condition of approval shall be treated as a new application, except that such changes determined to be minor, in the opinion of the director, may be approved by the director.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

This chapter establishes procedures for approval, conditional approval, or disapproval of use permit applications.

Use permits are required for the use classifications typically having unusual site-development features or operating characteristics requiring special consideration, so that they may be designed, located and operated in a manner compatible with uses on adjacent properties and the surrounding area.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Use permits are required for development and uses identified in the use regulations tables found in Chapters 18.30 through 18.36 as requiring a use permit. A use permit is also required for development in certain overlay districts as required by the regulations of those districts.

(Ord. 2403 § 2, 2008: Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

The planning commission shall approve, conditionally approve, or disapprove applications for use permits subject to the policies and intent of the general plan, the general purposes of this title, the specific purposes of the base or overlay zoning district in which a development site is located, and the provisions of this section.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

An application for a use permit, accompanied by the required fee, shall be filed with the development services department in a form prescribed by the director and shall be accompanied by plans and conceptual elevations necessary to show details of the proposed use and the proposed buildings, street access, parking and landscape areas on the premises. The plan shall also show existing and proposed topography; proposed utility connections; stormwater-detention facilities, as applicable; the improved street section for all adjacent streets, including the locations of driveways on abutting properties and across the street(s) from the site as determined appropriate by the director; and any other information determined by the director to be necessary to determine compliance with this code, including required environmental findings. When applications for related permits on a single site are filed at the same time, a public hearing shall be scheduled, at which time action on all required approvals shall be taken.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

A.

Public Hearing. The planning commission shall hold a public hearing on an application for a use permit.

B.

Time of and Notice of Hearing. Notice of the public hearing shall be given, as prescribed in Chapter 18.11 (Common Procedures) of this title.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

A.

Public Hearing. The planning commission shall conduct the public hearing and consider the application. A public hearing may be continued to a definite date and time without additional public notice.

B.

Decision and Notice. Within thirty days of the conclusion of a public hearing, the planning commission shall approve, conditionally approve, or disapprove the application; notice of the decision shall be mailed to the applicant and any other party requesting such notice within ten calendar days of the date of the resolution ratifying the decision.

C.

Limits on Conditions of Approval. No conditions of approval of a use permit shall include use, height, bulk, density, open-space, parking, loading or sign requirements that are less restrictive than those prescribed by applicable district regulations.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

The planning commission shall approve an application for a use permit as it was applied for or in modified form if, on the basis of the application, plans, materials, and testimony submitted, the planning commission finds:

A.

That the proposed use will not be detrimental to the health, safety and general welfare of persons residing or working in the neighborhood of such proposed use;

B.

That the proposed use will not be injurious or detrimental to the general welfare of the city;

C.

That the proposed use is consistent with the policies and goals established by the general plan and this code;

D.

The proposed use and project design are consistent with the design guidelines established by resolution of the city council in accordance with Section 18.40.050 (Design criteria) of this title.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Whenever a use permit is granted, the planning commission may impose reasonable conditions including, but not limited to, requirements for special yards, open-spaces, buffers, fences, walls, location and orientation of roll-up doors and screening; specific building design elements; requirements for installation and maintenance of landscape and erosion-control measures; regulation of vehicular ingress and egress and traffic circulation; construction of street improvements and dedication of right-of-way for street widening or street extensions; regulation of signs; regulation of parking; preservation of trees; regulation of lighting; regulation of hours or other characteristics of operation; establishment of development schedules or time limits for performance or completion; extension and provision of public utilities and easements; requirements for periodic review by the director; submission of final plans to ensure compliance with the conditions of approval; and such other conditions as the hearing body may deem necessary to ensure compatibility with surrounding uses; to preserve public health, safety and welfare; to avoid adverse impacts on traffic-carrying capacity of streets and highways, public services and facilities; and to implement the general plan.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

A use permit shall become effective at the end of the ten-day appeal period, unless appealed. Appeals shall be resolved in accordance with the procedures established in Chapter 18.11 (Common Procedures) of this title.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

The lapse of approval, revocation and renewal of use permits shall be governed by the procedures set forth in Chapter 18.11 (Common Procedures) of this title.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Revised Plans. A request for changes in conditions of approval of a use permit or a change to site plans or buildings that would affect a condition of approval shall be treated as a new application, except that such changes determined to be minor, by the director, may be approved by the director.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

In order to provide flexibility necessary to achieve the objectives of the zoning code, certain development standards are subject to relief by administrative review and the granting of a zoning exception.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

A zoning exception is a minor modification of the standards and restrictions of Title 18, where such modification will be compatible with adjoining property and consistent with the general plan.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

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.

Accessory Structure Front Yard Setbacks. Provided that the minimum front yard setback will be maintained and where adjacent residences will not be adversely affected, the director may allow an accessory structure to be located closer to the street than the existing or proposed residence on the site.

B.

Buffer Yards, Alternative. The minimum width of a buffer yard required by Schedule 18.40.020-A: Buffer Yards, may be reduced by up to twenty-five percent provided that the reduction will not increase the potential for land use impacts between adjoining properties given the circumstances of a particular site.

C.

Building Separation. The director may authorize a reduction in minimum building separation of up to twenty percent between buildings if the reduction will maintain compliance with the California Building Code.

D.

Exceptions to Height Limits. Towers, spires, cupolas, chimneys, elevator penthouses, water tanks, monuments, theater scenery lofts and similar structures and mechanical appurtenances covering no more than twenty percent of the top-floor roof area of the structure to which they are attached may exceed height limits by no more than ten feet with no discretionary review. The director may approve greater height upon making the findings required by Section 18.15.040 (Required findings) of this chapter.

E.

Fence Height. In any district, the maximum height of any fence, wall, hedge or equivalent screening may be increased by a maximum of two feet where the topography of sloping sites or a difference in grade between adjoining sites warrants such increase in height to maintain a level of privacy or to maintain effectiveness of screening as generally provided by such fence, wall, hedge or screening in similar circumstances.

F.

Front Yard Setback (Increase). In the "RS" and "RE" districts, the director may increase the maximum front yard setback where it is determined that the increase will not unreasonably affect abutting sites.

G.

Front Yard Setback (Decrease). In any district, the director may decrease the minimum setback by ten percent where the decrease will not unreasonably affect abutting sites provided that no exception shall be granted for a garage that is designed to have vehicles back directly out into the street. In addition, the director is authorized to grant a five percent reduction in any setback requirements where construction has commenced and a mistake was made in the surveying or plans preparation.

H.

Garage Setback/Sloped Lots. Where the elevation of a lot at a point twenty feet behind the entire frontage of a lot (as measured from the back of curb) is seven feet above or below the level of the curb, a private garage (attached or detached) for a single-family residence may have a minimum front yard setback of ten feet from the front property line of the lot provided that a third open parking space is provided on the site.

I.

Lot Size. In any "RE" or "RS" zone, the director may authorize a maximum ten percent reduction in parcel area on parcels created by parcel map if two or more existing parcels within two hundred feet of the proposed parcel map are less than the minimum parcel size.

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 twenty percent upon determining that any of the following are in evidence:

1.

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.

Reserved.

L.

Parking—Space and Aisle-Dimension Reductions. Because of circumstances unique to a property, such as size, shape, topography, location of easements or desirable trees, the director may authorize up to a ten percent reduction in open parking-space or aisle-width dimension for commercial and multiple-family residential uses with four or more units. Such exception may be allowed only when it is proven that the reduction will not result in a traffic hazard or impact the necessary parking for the use.

M.

Parking—Reduction in Covered Spaces. For single-family residences in existing neighborhoods, one covered parking space may be permitted by zoning exception when at least one additional off-street parking space is provided on the building site, the subject property is an existing, legally created lot the director determines that the predominate off-street parking arrangement in the immediate vicinity is a single covered space, and that granting the exception would not contribute to an existing on-street parking problem.

N.

Recreational Vehicle Storage/Parking.

1.

Recreational Vehicle Storage. In the "RE" and "RS" districts, the Director may approve a zoning exception to allow not more than one recreational vehicle, as defined in Schedule 18.31.030-C, Note (8), to be parked within the front or street side yard setback area subject to the following findings and requirements:

a.

The director finds that the applicant has submitted an affidavit and related materials that affirm the following:

i.

There is no physical space available to access and/or store the vehicle within an interior side or rear yard. These site conditions include, but are not limited to, such things as:

(A)

Existing building setbacks and eaves and other building projections (does not include the location of buildings with a size of one hundred twenty square feet or less);

(B)

Location of mature tree(s);

(C)

Location of HVAC or similar equipment;

(D)

Existence of substantial slopes.

ii.

Notices of the zoning exception application shall be sent to all owner(s) of real property sharing a common street frontage within three hundred feet of the applicant's property. Should two or more owners of real property within the notification area object in writing to the approval of the zoning exception or appeal the approval by the director, the zoning exception shall not be granted.

iii.

The parking of such vehicles is not prohibited by any conditions, covenants, and restrictions (CC&Rs) applied to the property. The applicant shall provide either: (1) a copy of the CC&Rs applicable to the property; or (2) if no CC&Rs have been recorded, a title report for the subject property sufficiently current to determine whether the property is subject to CC&Rs.

iv.

The vehicle is operable and is owned by and registered to the occupant of the premises upon which it is parked.

b.

Vehicle Parking Conditions.

i.

Vehicles shall be parked generally perpendicular to the front property line.

ii.

Storage shall be allowed only on areas surfaced with all-weather materials, such as concrete, asphalt, brick, stone, gravel, or similar material, and shall not obstruct the ingress or egress to and from existing garage doors. Storage shall not occur within a lawn or other landscaped area.

iii.

The vehicle shall not be parked closer than two feet to a side property line.

iv.

No part of the vehicle may extend more than three feet into the public or private right-of-way or be closer than two feet to a public sidewalk.

v.

Vehicles shall not be occupied for living purposes.

vi.

The vehicles shall be maintained in a clean and inoffensive manner. Offensive includes, but is not limited to, unrepaired collision damage; broken glass; flat tires; discharge of effluent; discarding of litter or other materials; or a general unsightly exterior appearance as exhibited by peeling paint, rust, or attachment of siding materials not original to the recreational vehicle. Covering of the vehicle by tarp or similar material is not allowed. The use of custom covers made specifically for the type and size of vehicle are permitted.

vii.

The zoning exception shall not be transferable to a subsequent owner of the property.

viii.

Registration shall remain current throughout the term of the zoning exception. (Note: Vehicles registered with the department of motor vehicles as "Non-Op" are not considered to be registered vehicles for the purpose of this section.)

ix.

Zoning exceptions shall be valid for a period not to exceed three years. Upon application, the director may grant one or more renewals not to exceed a time period of three years for each renewal. Noticing, property owner objection/appeal, and other provisions and requirements pertaining to the original approval shall apply to renewal requests.

2.

Parking for Affordable or Disabled Housing Projects. The requirement to provide parking for recreational vehicles for multiple-family units may be waived; provided that the project qualifies as an affordable housing project as defined by the State Government Code and provided that the necessary area for providing the required spaces is set aside and maintained in landscape to allow conversion to parking should the use convert from affordable or disabled housing to standard multiple-family use.

O.

Reversing the Frontage of a Corner Lot. The front yard and street side yard setbacks on a corner lot that were established at the time of issuance of a building permit for the original structure may be reversed for the purpose of establishing yard requirements provided that: (1) the reversal will not result in the placement of structures that are inconsistent with the general nature of the neighborhood and (2) vehicular and pedestrian safety will not be jeopardized.

P.

Roof-Mounted Heating and Air Conditioning Equipment. The director may approve installation of roof-mounted residential heating and air-conditioning equipment provided that the equipment cannot be seen from any existing or future public street, park, school, open-space or other public area for a distance of at least six hundred feet. In making such a determination, the director shall consider such factors as the method of screening proposed, topography of the site and surrounding sites, and allowable height of existing and future buildings within six hundred feet of the proposed equipment.

Q.

Accessory Dwelling Units. Size Increase - The director may authorize up to a twenty percent increase in the allowable size of an accessory dwelling unit provided that the director determines that the exception is necessary to provide for the reasonable accommodation for one or more disabled persons who will reside in the accessory dwelling unit. Lot Size Reduction - The director may authorize an accessory dwelling unit to be constructed on a lot less than six thousand square feet in size, provided that the director determines that the floor area will not exceed five hundred square feet and that the occupancy of the accessory dwelling unit is intended solely to house one or more family members as defined by this code. The accessory dwelling unit shall not be rented, and this stipulation shall be included in the deed restriction required by subsection 18.43.140.D.

R.

Shade Trees in Parking Lot. The director may authorize a maximum twenty-five percent reduction in the number of shade trees required in a parking lot provided that the total number of trees required is provided in alternate locations on the site adjacent to the parking area.

S.

Side Yard and Rear Yard Setbacks. In any district, the director may decrease the minimum setback by not more than twenty percent where the proposed setback area or yard is in character with the surrounding neighborhood and is not required as an essential open-space or recreational amenity to the use of the site, where such decrease will not unreasonably affect abutting sites. In the "GO" district, one side yard other than a street side yard may be decreased to that established for an adjacent existing building provided that one side yard has a minimum setback of ten feet, (fifteen feet if adjacent to an "R" district).

T.

Sign Height, Increased. The director may authorize an increase in pole sign height not to exceed thirty-five feet when necessary for sign visibility due to topography; surrounding buildings; existing trees to be preserved, except city street trees; or similar circumstances. The director shall consider, in addition to visibility or sight obstructions, vehicle speed, visibility/readability from freeway off-ramp locations, or other factors which may negate the benefit otherwise gained by increased sign height.

U.

Surfacing. The requirement for paving driveways over one hundred fifty feet in length may be waived provided that: (1) the first thirty 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 seventy-five feet of an existing or future residence.

V.

Unique Parking Demand Uses. The director may authorize up to a ten percent reduction in the off-street parking requirement upon an adequate showing that parking demand for a use is less than that required by Chapter 18.41 (Off-Street Parking and Loading) of this title.

(Ord. 2362 § 2, 2006; Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

(Ord. No. 2428, § 2, 1-20-2009; Ord. No. 2450, § 2, 1-19-2010; Ord. No. 2472, § 1, 12-7-2010; Ord. No. 2503, § 2, 2-4-2014; Ord. No. 2572, § 1, 5-2-2017; Ord. No. 2584, § 5, 3-20-2018)

The director shall make the following findings when approving any zoning exception:

A.

That the application for the adjustment is necessary due to special circumstances or conditions pertaining to the property or to the use thereon.

B.

That the proposed adjustment is necessary in order that the owner may not be unreasonably deprived of the proper use or enjoyment of the owner's property.

C.

That the proposed adjustment would not be detrimental to the neighborhood in which the property is located.

D.

That the proposed adjustment is consistent with the general plan and the zoning and development standards of this chapter that pertain to the subject property.

(Ord. 2403 § 3, 2008; Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

(Ord. No. 2503, § 3, 2-4-2014; Ord. No. 2671, § 3, 11-5-2024)

In the granting of zoning exceptions, the director may impose such conditions as are deemed necessary to implement the general plan; to ensure compatibility with surrounding uses; to preserve public health, safety and welfare; and to enable the director to make the findings required by this section.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

An application for a zoning exception shall be filed with the director in a form prescribed by the director. The application shall state in writing the nature of the exception desired and explain why the findings necessary to grant the exception are satisfied. The applicant shall also submit plans delineating the requested exception. The application shall be accompanied by a fee as established by resolution of the city council.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Determinations by the director shall be in accordance with Section 18.11.050 (Determinations/actions by director) of this title.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

The effective date of a zoning exception and conditions leading to a lapse of approval are governed by the provisions of Chapter 18.11 (Common Procedures) of this title.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

The applicant or any person may appeal the determination of the director to the board of administrative review (board) within ten calendar days after such determination has been mailed. Such appeal may be made by filing a written notice of appeal in letter form to the director, together with an appeal fee established by resolution of the city council. If no appeal is taken within ten days after the findings and decision of the director have been mailed, the decision of the director shall be final.

In the event an appeal is filed, the matter shall be set for hearing before the board (if the application was approved by the director) or the planning commission (if the application was approved by the board) at its next regular meeting occurring not later than nineteen calendar days after the appeal is filed; and notice of the nature, the time, and the place of such hearing shall be given by the director to the applicant, the appellant, and the owners of abutting property by first class mail at least five calendar days prior to the hearing.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

The appropriate body shall hear the appeal at the time and place set forth in such notice and may continue such hearing from time to time for the purpose of considering further evidence. Not more than fourteen calendar days following the close of the hearing, a decision shall be rendered. The findings and decision may be appealed as set forth Section 18.11.090 (Appeals) of this title.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Revocation of a zoning exception shall be in accordance with procedures established in Section 18.11.110 of this title.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

The provisions of this chapter allow for adjustment from the development standards of this code only when—because of special circumstances applicable to the property, including location, shape, size, surroundings or topography—the strict application of the code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts. Any variance granted shall be subject to conditions that will ensure that the variance does not constitute a granting of special privilege(s) inconsistent with the limitations upon other properties in the vicinity and zoning district in which the property is situated. The power to grant variances does not extend to land use regulations; flexibility in land use regulations is provided in Chapter 18.14 (Use Permits) of this title.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Planning commissions may grant a variance from all physical development requirements of this code except those establishing land uses; residential density; or office, commercial and industrial intensity (e.g., FAR).

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

The planning commission shall approve, conditionally approve, or disapprove applications for variances subject to the policies and intent of the general plan, the general purpose of this title, and the provisions of this chapter.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

An application for a variance, accompanied by the required fee, shall be filed with the development services department in a form prescribed by the director and shall be accompanied by plans, elevations, or other details necessary to illustrate, and demonstrate the need for, the variance request.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Upon a determination that the variance application is in proper form and deemed complete, the planning commission shall hold at least one public hearing in compliance with Chapter 18.11 (Common Procedures) of this title.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

A.

Public Hearing. The planning commission shall conduct the public hearing and hear testimony for and against the application. A public hearing may be continued to a definite date and time without additional public notice.

B.

Decision and Notice. Within thirty days of the conclusion of a public hearing, the planning commission shall approve, conditionally approve, or disapprove the application; notice of the decision shall be mailed to the applicant and any other party requesting such notice within ten calendar days of the date of the resolution ratifying the decision.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

The planning commission may approve the application as it was applied for or in modified form if—on the basis of the application, plans, materials and testimony submitted—the planning commission finds that:

A.

There are exceptional or extraordinary circumstances or conditions applicable to the property, structure, or use referred to in the application, including location, shape, size, surroundings, or topography, which do not apply generally to property, structures, or uses in the same zoning district, so that the strict application of this code denies the property owner privileges enjoyed by other property owners in the vicinity and under an identical zoning district;

B.

Granting the variance is necessary for the preservation and enjoyment of substantial property rights;

C.

Granting the variance does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel;

D.

Granting the variance does not result in special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which the property is located;

E.

Granting the variance will not, under the circumstances of the particular case, be materially detrimental to the public interest, health, safety, convenience, or welfare of the city or injurious to the property or improvements in the vicinity and zoning district in which the property is located.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Whenever a variance is granted, the planning commission may impose reasonable conditions including, but not limited to, requirements for special yards, open-spaces, buffers, fences, walls, location and orientation of roll-up doors and screening; specific building design elements; requirements for installation and maintenance of landscape and erosion-control measures; regulation of vehicular ingress and egress and traffic circulation; construction of street improvements and dedication of right-of-way for street widening or street extensions; regulation of signs; regulation of parking; preservation of trees; regulation of lighting; regulation of hours or other characteristics of operation; establishment of development schedules or time limits for performance or completion; extension and provision of public utilities and easements; requirements for periodic review by the director; and such other conditions as the hearing body may deem necessary to ensure compatibility with surrounding uses; to preserve public health, safety and welfare; to avoid adverse impacts on traffic-carrying capacity of streets and highways, public services and facilities; and to implement the general plan.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

A variance shall become effective at the end of the ten-day appeal period, unless appealed. Appeals shall be resolved in accordance with the procedures established in Chapter 18.11 (Common Procedures) of this title.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

The lapse of approval, revocation and renewal of variances shall be governed by the procedures set forth in Chapter 18.11 (Common Procedures) of this title.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Changed Plans. A request for changes in conditions of approval of a variance or a change to site plans that would affect a condition of approval shall be treated as a new application, except that changes determined to be minor, in the opinion of the director, may be approved administratively by the director.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

This chapter establishes regulations and permit requirements for temporary uses. Temporary uses are intended to be ancillary to permitted uses and/or to operate for a limited period of time. In certain instances, temporary uses may be approved on vacant sites where a primary use has not been established. This chapter authorizes the director to approve certain temporary uses of land subject to the limitations and standards of this title.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

The following temporary uses are allowed without a use 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 Events, Fundraising, and Community Events. Fundraisers and like charitable events, limited to three days each month for each sponsoring organization. Sponsorship shall be limited to religious, educational, fraternal, or service organizations directly engaged in civic or charitable efforts. Such activities shall only occur on nonresidential properties and shall not use more than ten percent of the available site parking.

B.

Construction Yards and Offices. On-site contractors' construction yards and offices, including manufactured or mobile units, in conjunction with an approved construction project. Yards and offices shall be removed within ten days of receiving an occupancy permit for the project.

C.

Emergency Shelters and Activities. During a declared emergency, temporary emergency shelters or activities shall be permitted in any zoning district provided that the facilities are approved by the city building official and fire marshal prior to use.

D.

Garage and Yard Sales in Residential Zones. Three garage or yard sales in any twelve-month period, not exceeding three consecutive days each, shall be deemed a use incidental to the residential use of a property. Garage or yard sales in excess of this limit shall be prohibited in all residential zones.

E.

Outside Displays/Seasonal and Other Sales. The temporary outdoor display/sales of merchandise in conjunction with a lawful business on the premises not exceeding four consecutive days or a total of sixteen days in any calendar year. The sales area may not reduce available parking by more than ten percent. A site development permit is required to exceed these standards. Tents are specifically excluded from this exemption.

F.

Public Property. Events which are to be conducted on public property with the approval of the city, not exceeding three days in duration, subject to the findings required by Section 8.17.070.

G.

Model Home Real Estate Sales Offices. Real estate sales offices within model homes in new residential developments.

H.

Seasonal Sales Lots. Seasonal sales of Christmas trees and pumpkins on nonresidential properties, including temporary security trailers for a period not exceeding forty-five days.

I.

Similar Temporary Uses. Similar temporary uses which, in the opinion of the director, do not require a use permit and are compatible with the zoning district and surrounding land uses.

J.

Mobile Medical. A special purpose commercial coach that provides medical, diagnostic and treatment services that is parked on private property subject to the land use regulations of the city shall comply with the following conditions and requirements:

1.

Shall be licensed per the State of California Health and Safety Code.

2.

Mobile medical units shall not be operated from the public right-of-way and shall be located on a parcel meeting at least one of the following criteria;

a.

In zoning districts that allow clinics as a permitted use.

b.

In residential districts, in conjunction with health fairs, pediatric health screenings, school physicals, oral health services, limited to non-residential properties such as churches and schools and limited to twelve days per property per year.

c.

As an accessory use to an existing treatment facility, clinic, shelter, or hospital.

d.

As a transitional use where a clinic is proposed and under review by the City of Redding.

3.

Services shall be limited to licensed and accredited oral health preventative services and primary care and preventative health care programs that have an existing collaboration with a local hospital or licensed medical clinic to meet the necessary health care referral needs of the community and patient population being served. Pain clinics are prohibited.

4.

Services shall not be provided without an approved operational plan (plan). A plan shall be provided by the operator for the review and approval of the director. At the discretion of the director, a public meeting may be scheduled for the purposes of collecting input and feedback from neighboring property owners regarding the plan. The director shall approve, deny, or request modifications to the plan within forty-five days of receipt. The approved plan shall remain active throughout the duration of the operation and all operational requirements covered by the plan shall be complied with at all times. Modifications to the plan may be required at any time by the director to address negative impacts on the neighboring properties. At a minimum, said plan shall contain provisions addressing the areas outlined below.

a.

Security and safety - addressing both on- and off-site needs.

b.

Loitering/trespass/noise control - with specific measures regarding operational controls to minimize, to the extent possible, trespass on private property or the congregation of clients in the vicinity of the facility during hours that services are not provided.

c.

Management of outdoor areas - including a system for daily admittance and discharge procedures and monitoring of waiting areas with a goal to minimize negative impacts to neighboring properties.

d.

Communication and outreach - with objectives to maintain effective, ongoing communication and response to operational issues which may arise within the neighborhood. The director shall be provided with the name, cell phone number and email address for the on-site supervisor.

e.

Litter control - with the objective of providing for the removal of litter attributable to clients within the vicinity of the facility.

f.

Site plan - that shows the location of the vehicle, setbacks to property lines, parking lots, fire lanes and accessible paths of travel. The vehicle shall avoid blocking fire lanes and accessible paths of travel. To the extent possible, the vehicle shall be located in rear or side yards in existing paved areas. The vehicle shall not be parked in landscaped areas.

g.

Duration of operations - limited to no more than two days per site per week, except in cases of transitional uses, disaster relief, health fairs, and other similar cases at the discretion of the director.

h.

Hours of operation - shall generally be limited to 8:00 a.m. to 4:00 p.m. Special events such as blood drives and health fairs may be allowed beyond these hours at the discretion of the director.

5.

Appeal of the determination to deny the approval of a plan or to contest the imposition of a permit requirement imposed after approval of a plan shall be made in accordance with the procedures set forth in Chapter 18.11 (Common Procedures) set forth in this title.

K.

Food Trucks. Commercial vehicles parked on private property from which operators sell prepared food and beverages to the public (hereafter "food trucks") shall comply with the following conditions and requirements:

1.

Food trucks shall be registered with the California Department of Motor Vehicles and shall be permitted by the Shasta County Environmental Health Division, and operators shall possess a valid City of Redding business license.

2.

Food trucks shall be permitted only in zoning districts that allow full service restaurants either as a permitted use or with director approval of a site development permit.

3.

Food trucks shall be permitted only on developed sites with existing occupied or unoccupied buildings permitted for commercial, industrial or public and semipublic uses.

4.

Food trucks shall not operate for more than three hours per site per day, but may park on said sites for up to one hour prior to operating and up to one hour after ceasing daily operations.

5.

Food truck operations, including seating areas but excluding customer parking, shall not utilize more than ten percent of on-site parking spaces.

6.

Food trucks shall only operate between 7:00 a.m. and 12:00 a.m., except on sites which abut Residential districts, in which case they shall only operate between 8:00 a.m. and 10:00 p.m.

7.

Food trucks shall maintain trash receptacles on-site and pick up any trash left on-site prior to ceasing daily operations.

L.

Food Concessions. Food concessions, including hot dog stands, may be permitted when located adjacent to an existing retail building.

M.

Declaration of a Shelter Crisis. An emergency housing facility is a facility approved by the city council which provides short-term, temporary shelter to not more than thirty individuals using emergency sleeping cabins and must conform to the definitions for emergency housing site and emergency housing facilities, as defined by Appendix O of the California Building Code and Appendix X of the California Residential Code.

1.

No person shall operate an emergency housing site unless the city council has declared the existence of a shelter crisis under the Shelter Crisis Law (Government Code Sections 8698-8698.4) and issued a permit for an emergency housing site.

2.

Emergency housing sites must adhere to the administrative guidelines as adopted by resolution of the city council.

a.

Emergency housing sites are not authorized or restricted in any particular zoning within the city limits, but must satisfy the following criteria:

(1)

Be situated more than five hundred feet, measured from property line to the exterior perimeter of a permitted emergency housing site and from any of the following: licensed childcare center; a school providing instruction in kindergarten or any grade one through twelve, inclusive, public park, public library or youth-oriented facility as defined in Redding Municipal Code Section 6.12.010; and

(2)

Be situated not less than one-half mile, measured from property line to the exterior perimeter of any other emergency housing site, unless otherwise approved by the city council.

3.

Emergency housing sites shall be subject to the following conditions:

a.

Setbacks. Emergency sleeping cabins must be set back a minimum of five feet from all lot lines, and ten feet from all other temporary or permanent structures.

b.

Screening. Emergency housing sites must provide screening, as determined by the city, so that the viewshed from adjacent public or private property is minimized.

c.

Paving. All surfaces within the footprint of the emergency housing site must have a hard surface consisting of asphalt concrete paving, concrete, masonry block or other similar material unless otherwise specifically approved by the city council.

d.

Potable Water. The operator of the emergency housing site must provide potable water for all occupants.

e.

Hours of Operation and Quiet Hours. The emergency housing site must always be accessible for registered occupants. Regular hours for occupant intake and discharge must be posted. The emergency housing site manager shall enforce quiet hours between 10:00 p.m. and 6:00 a.m.

f.

On-Site Personnel. A manager must be on-site when occupants are present and during normal operating hours. The manager's area shall be located near the primary entrance to the facility. The manager's name, telephone number, and e-mail address must be posted and easily visible to the public. Notwithstanding the above, an emergency housing site, accommodating six persons or less, may recommend alternative on-site management criteria.

g.

Lighting. Pedestrian pathways and parking lots must be well lit. Lighting must be designed, located, or screened so that it is not directly visible from any participant's shelter unit. Any illumination must not produce glare or reflection for occupants of neighboring buildings or on public streets.

h.

Waiting Area and Common Space. The emergency housing site must provide a waiting area and common space.

i.

Personal Storage. Occupants must be provided a safe and secure place to store personal property sufficient to accommodate all such property not reasonably subject to stowage in the emergency sleeping cabin.

j.

Restrooms. The emergency housing site must have a minimum of one toilet for every fifteen occupants.

k.

Sanitation. The emergency housing site must be maintained in safe and sanitary conditions and free of vermin, vectors, and matter of an infectious or contagious nature. The emergency housing site must be kept clean and free of debris, filth, garbage, and deleterious matter. All garbage and food waste must be deposited in covered receptacles which are emptied when necessary and when full, and the contents disposed of in a sanitary manner.

l.

Water Meter. A lot or parcel with an emergency housing site may be allowed to use an existing metered water service connection of an adjoining lot to provide water service for the emergency housing site. The owner of the adjoining lot must consent, in writing, to the use by the emergency housing site and must install backflow protection compliant with city standards at the city point of service. The owner of the adjoining lot served by the existing water service connection shall be liable for all rates, charges, and fees for the water service furnished to the existing water service connection and used by the emergency housing site.

m.

Length of Stay. Residents of an emergency housing site may not stay more than ten months in any twelve-month period.

4.

Operators and occupants of emergency housing sites that receive and comply with a permit issued under this section are exempt from the provisions of Chapter 10.40 of the City of Redding Municipal Code.

5.

An operational plan for the emergency housing site must be developed in accordance with the administrative guidelines for emergency housing sites and approved by the city council as part of the permitting process.

6.

Emergency housing sites will require site plan and design review by the city manager prior to council consideration.

7.

Emergency sleeping cabins must comply with Appendix O of the California Building Code and Appendix X of the California Residential Code as adopted by the City Council of the City of Redding.

8.

Emergency sleeping cabins be must be part of an emergency housing site, as defined by this section.

9.

No fee shall be charged for the review and issuance of a permit as described in this section.

10.

All permits granted under this section remain in effect only during a shelter crisis, as declared by resolution of the city council. Upon the expiration or repeal of the city's shelter crisis declaration, or the repeal of this section, all administrative permits granted under this section expire and all permit holders must immediately cease operations and return the emergency housing site to its previous condition.

a.

Permits issued pursuant to this section are not property, they have no value, do not create vested rights, and cannot confer nonconforming status.

b.

No permit, or renewal of a permit, granted pursuant to this section shall exceed a term of one year.

c.

A permit granted pursuant to this section may be renewed. Unless waived in writing by the city manager, the permittee must provide notice to the city manager of its intent to apply for renewal at least ninety calendar days before the expiration of the permit.

11.

In addition to any other remedy allowed by law or equity, any person who violates a provision of this section is, without prejudice to the exercise of other remedies in law or equity, subject to enforcement in the manner described in Chapters 1.13, 1.14 and 1.15 of the City of Redding Municipal Code.

12.

Violations of this section are hereby declared to be a public nuisance.

13.

All remedies prescribed under this section shall be cumulative and the election of one or more remedies shall not bar the city from the pursuit of any other remedy for the purpose of enforcing the provisions hereof.

14.

Pursuant to Government Code Section 8698.4(a)(5)(C), the city manager shall, not later than July 1st of the year following the declaration of any shelter crisis, develop a plan to address the shelter crisis, if declared, which shall include the development of homeless shelters and permanent supportive housing as well as onsite supportive services. The city manager shall also make the annual report required by Government Code Section 8698.4(a)(6).

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

(Ord. No. 2428, § 3, 1-20-2009; Ord. No. 2553, § 1, 9-6-2016; Ord. No. 2570, § 1, 4-4-2017; Ord. No. 2590, § 2, 8-21-2018; Ord. No. 2606, § 1, 6-18-2019; Ord. No. 2637, § 2, 6-15-2021; Ord. No. 2649, § 1, 7-19-2022; Ord. No. 2667, § 2, 2-6-2024)

The following temporary uses may be allowed on commercially zoned properties, or as otherwise noted below, subject to the issuance of a temporary use permit. Uses that do not fall within the categories defined below shall comply with the use and development regulations and entitlement review provisions that otherwise apply to the property. A temporary use permit will not be issued for a use that is not permitted within the zoning district for the site on which the use is proposed.

A.

Events. Carnivals, circuses, outdoor concerts, fairs, farmers' markets, festivals, flea markets, food concessions, outdoor entertainment/sporting events, off-site vehicle sales, parking lot/outdoor sales not associated with a lawful permanent business on-site, rummage sales, secondhand sales, swap meets and other similar events or activities.

B.

Temporary Real Estate Sales Offices. An office, including a manufactured or mobile unit, for the marketing, sales, or rental of residential, commercial or industrial development.

C.

Community Gardens. Non-commercial community gardens within any zoning district. The cultivation and storage of cannabis within a community garden is prohibited.

D.

Time Limitations. Unless otherwise regulated by subsection E of this section, time limits on the event duration shall be established by the temporary use permit.

E.

Standards and Time Limits for Specific Events.

1.

Carnivals, circuses, fairs, festivals and outdoor entertainment/sporting events shall be limited to ten calendar days per event and no more than four events of any one type per property per year.

2.

Outdoor concerts, flea markets, rummage sales, secondhand sales and swap meets shall be limited to four calendar days per event.

3.

Off-site vehicle sales (including boats and RV's) may be permitted for no more than five days per event and no more than two annual events on the same property per dealer.

4.

Farmer's markets shall be limited to three days per site per week.

5.

Parking lot/outdoor sales not associated with a lawful permanent business on-site may be permitted for no more than five days per event. No more than ten percent of the parking spaces on-site shall be used for the event.

6.

Food concessions, including hot dog stands, may be permitted when located adjacent to an existing retail building.

(Ord. 2381 § 4, 2007: Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

(Ord. No. 2515, § 2, 12-2-2014; Ord. No. 2570, § 2, 4-4-2017; Ord. No. 2584, § 6, 3-20-2018; Ord. No. 2606, § 1, 6-18-2019)

The director is authorized to grant temporary use permits in accordance with the procedures and findings of this chapter. In granting temporary use permits, the director may impose such conditions as are deemed necessary to ensure compatibility with surrounding uses; to preserve the public health, safety and welfare; and to further the intent of the general plan.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Applications for temporary use permits must be made in a form prescribed by the director at least fifteen days before the use is intended to begin, except as may be waived by the director. The application shall include the written consent of the owner of property on which the use will be located.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

A.

All applications for a temporary use permit must first be approved in writing by the director before such use commences. The director may approve, conditionally approve, or disapprove an application for such use.

B.

The director may provide notice of an application to surrounding property owners for comment on the application prior to making a determination to approve or deny the application, or may refer an application to the board of administrative review for action on a temporary use permit request where a determination is made that the proposed use may be of particular interest or concern to surrounding property owners or to the public at large.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

(Ord. No. 2541, § 1, 2-16-2016)

The director may approve an application for a temporary use of land for a period of time as specified in this chapter only upon making all the following findings:

A.

The proposed use will not adversely affect adjacent structures and uses or the surrounding neighborhood;

B.

The proposed use will not adversely affect the circulation and flow of vehicular and pedestrian traffic in the immediate area;

C.

The proposed use will not create a demand for additional parking which cannot be met safely and efficiently in existing or temporary parking areas;

D.

The proposed use will not conflict with the terms of any planned development permit or conditional use permit currently in effect on the property;

E.

The proposed use will not otherwise constitute a nuisance or be detrimental to the public health, safety and general welfare of the community.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

In authorizing an application for a temporary use permit, the director shall include as conditions of approval the following minimum provisions:

A.

The use will be limited to the dates and times (or period of time), nature and extent prescribed by the director;

B.

All work, including building, electrical and plumbing, will conform to all requirements of applicable codes;

C.

Provisions for fire protection and fire vehicle access will be made as prescribed by the fire marshal;

D.

Signage will be limited to that approved by the director;

E.

The site will be continuously maintained free of weeds, litter and debris;

F.

Within three days after removal of the temporary use, the site will be completely cleaned; all trash, debris, signs, sign supports and temporary electrical service will be removed.

G.

Any additional limitations or conditions as required by the director as conditions of approval to ensure that the temporary use will not have an adverse impact on adjoining properties or the public health, safety and general welfare of the community.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

A temporary use permit shall become effective immediately upon approval of the director or other authority. Appeal of the determination to approve or deny the permit shall be made within ten days of approval and shall be resolved in accordance with the procedures established in Chapter 18.11 (Common Procedures) of this title.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

This title may be amended by changing the zoning map or the regulations.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

An amendment may be initiated as follows:

A.

An Application Filed With the Director. The application shall be explicit as to the requested amendment and shall be accompanied by the prevailing fee as established by the city council by resolution.

B.

By direction of the city council.

C.

By direction of the planning commission.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

A.

If the amendment pertains solely to the text of this title, the planning commission shall hold at least one public hearing on any proposed amendment and shall give notice thereof by at least one publication in a newspaper of general circulation within the city at least ten days prior to the hearing.

B.

If the proposed amendment consists of a change of the boundaries of any district so as to reclassify property from any district to any other district, the planning commission shall give additional notice of the time and place of the hearing in accordance with Section 65091 of the Government Code.

Notice shall be mailed to:

1.

Property owners within the affected area at least ten days prior to the hearing;

2.

Public agencies which may be affected by the action under consideration;

3.

All owners of real property within three hundred feet of the property that is the subject of the hearing, as shown on the latest equalized assessment rolls. If the number of affected parcels is greater than one thousand, notice shall be provided by placing a one-eighth-page display advertisement in a newspaper of general circulation at least ten days prior to the hearing, and individual notice mailed to property owners is not required. If the required notice is mailed, notice shall also be provided in a newspaper of general circulation at least ten days prior to the hearing.

C.

Any failure to mail postal notices, as set forth in this section, shall not invalidate any proceedings for amendment of this title.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Following the hearings set out in Section 18.18.030 (Public hearings) of this chapter, the planning commission shall provide the city council with a written report of its recommendations.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Upon receipt of the report by the planning commission, the city council shall conduct a public hearing on the matter. The city clerk shall set the date for the public hearing and give notice of the public hearing and the proposed amendment by at least one publication in a newspaper of general circulation within the city at least ten days prior to the hearing. After the conclusion of the hearing, the city council may adopt, modify or reject the amendment. If the council elects to modify the proposed amendment in a manner not previously considered by the planning commission, it shall refer its intent to the planning commission for a report and recommendation. The council shall not adopt the modification until (1) either the report of the planning commission has been filed with the city council or (2) until forty (40) days has elapsed after the city council has referred the modification to the planning commission. The planning commission need not conduct a public hearing.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Amendments to the general plan of the city shall follow the same procedure as that provided for amendments to this title.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

The purposes of prezoning property prior to annexation into the city are:

A.

To promote the orderly development and expansion to the boundaries of the city of Redding consistent with the general plan.

B.

To ensure that all impacts to municipal services that may result from eventual annexation of prezoned land are addressed and to plan for appropriate mitigation measures.

C.

To protect, preserve, and promote the quality of life by establishing control over the quality, distribution, and rate of growth in the city of Redding.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

A.

The city may prezone unincorporated territory adjoining the city limits for the purpose of establishing the zoning district that will apply in the event of subsequent annexation to the city.

B.

The method and procedure for establishing such prezonings shall be in accordance with Chapter 18.18 (Amendments to the Text or Map) of this title.

C.

Unincorporated property that has been prezoned shall carry a "P" prefix before the zone classification and shall be so designated on the official zoning map of the city.

D.

The zone classification established through the prezoning procedure shall become effective and enforceable at the time annexation of the property to the city becomes effective. At this time, the "P" prefix shall be deemed automatically removed from the zone classification.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

The standards established and the process contained in this section shall not be applicable to the following types of annexation proposals to the city of Redding:

A.

Publicly owned lands and/or facilities;

B.

Lands within unincorporated portions of Shasta County which are totally bounded by the Redding corporate limits (unincorporated islands).

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Applications for prezoning shall be made in accordance with Chapter 18.18 (Amendments to the Text or Map) of this title. The application must contain sufficient information to make the determinations required in Section 18.19.050 of this chapter. At the time the application is deemed complete and after completion of environmental review required by CEQA, a public hearing date shall be set in the manner prescribed by law and in accordance with Chapter 18.11 (Common Procedures) and Chapter 18.18 (Amendments to the Text or Map) of this title.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Each application submitted to the city of Redding proposing prezoning of unincorporated property shall be reviewed pursuant to the following application criteria:

A.

The property is adjacent to the existing city limits of Redding.

B.

The property is located within the sphere of influence area of the city of Redding. A single parcel in which more than fifty percent of the land area is located within the sphere of influence shall be considered to be located within the sphere of influence.

C.

The development proposed for the unincorporated property is consistent with the land use designations of the city's general plan.

D.

The property is within the primary growth area as defined in the general plan. Expansion of the primary growth area shall meet the standards called for in the general plan.

E.

The proposal includes a plan for mitigation of impacts on parks and recreation needs by both land dedication and development or by payment of in-lieu development fees at a standard consistent with the Redding general plan.

F.

The proposal includes a plan for mitigation of impacts to police and fire services, including analysis of emergency-response times and other appropriate service levels or other acceptable alternative measures to protect the health and safety of residents.

G.

The proposal includes a plan for mitigation of impacts to needed public infrastructure both on site and along the project frontage without the need for the city to provide supplemental facilities.

H.

The proposal has the capability to mitigate the impacts associated with its development through the payment of applicable fees and/or construction of necessary public facilities.

I.

The proposal includes a plan for mitigation that will not worsen the level of service (LOS) at any intersection or along any roadway serving or affected by the project to an unacceptable level.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

If the proposed prezoning application does not satisfy all the review criteria of Section 18.19.050 of this chapter, the application shall be considered premature and shall be denied.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

The city council may require that applicants for approval of prezonings and annexation proposals enter into a development agreement with the city. The application process for a development agreement shall be as specified in Chapter 18.20 of this title.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

A.

The purpose of this chapter is to implement Government Code Sections 65864-65869.5, authorizing governmental entities to enter into legally binding agreements with private parties. This chapter outlines the procedures and minimum requirements for the review and consideration of development agreements upon application by, or on behalf of, property owners, the planning commission, or the city council.

B.

It is intended that the provisions of this chapter shall be fully consistent and in full compliance with the provisions of the Government Code and shall be so construed. In construing the provisions of any development agreement entered into in compliance with this chapter, those provisions shall be read to fully effectuate and to be consistent with the language of this chapter, state law and the agreement. Should any apparent discrepancies between the meaning of these documents arise, reference shall be made to the following documents and in the following order:

1.

The plain terms of the development agreement;

2.

The provisions of this chapter;

3.

The provisions of state law.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

A.

Any owner of real property may request and apply through the director to enter into a development agreement. Acceptance of the application is contingent on the following:

1.

The status of the applicant, as an owner of the property, is established to the satisfaction of the director.

2.

The application is made on forms approved and contains all information required by the director.

3.

The application is accompanied by all lawfully required documents, materials and information.

B.

The director shall receive, review and process all applications for development agreements and prepare recommendations for planning commission and city council consideration for all such applications.

C.

Processing fees, as established by resolution of the council, shall be collected for any application for a development agreement made in compliance with this chapter. Additionally, appropriate fees shall be established and collected for periodic reviews conducted by the director in compliance with state law.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

A.

The director, upon finding the application for a development agreement complete, shall set the application, together with recommendations, for a public hearing before the planning commission in compliance with Chapter 18.11 (Common Procedures) of this title. Following conclusion of a public hearing, the planning commission shall make a written recommendation to the council that it approves, conditionally approves, or denies the application.

B.

Upon receipt of the planning commission's recommendation, the city clerk shall set the application and written report of the planning commission for a public hearing before the council in compliance with Chapter 18.11 (Common Procedures) of this title. Following conclusion of the public hearing, the council shall approve, conditionally approve, or deny the application.

C.

Notice of the hearings shall be given in the form of a notice of intention to consider approval of a development agreement in compliance with state law, Government Code Section 65867.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

The city council may approve or conditionally approve a development agreement only after first making all the following findings:

A.

The development agreement would be in the best interest of the city.

B.

The development agreement would promote the public interest and welfare of the city.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

A.

The city shall not execute any development agreement until on or after the date upon which the ordinance codified in this title approving the agreement becomes effective.

B.

The provisions of this chapter shall not be construed to prohibit the director, board, planning commission, or city council from conditioning approval of a discretionary entitlement on the execution of a development agreement where the condition is otherwise authorized by law.

C.

A development agreement shall be recorded with the county recorder no later than ten days after it is executed.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Unless otherwise provided by the development agreement, the rules, regulations, and official policies governing allowed uses of the land, density, design, improvement, and construction standards and specifications applicable to development of the property subject to a development agreement are the rules, regulations, and official policies in force at the time of execution of the agreement.

The agreement does not prevent the city in subsequent actions from conditionally approving or denying any subsequent development project application on the basis of existing or new rules, regulations and policies.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

A.

Development agreements shall be limited to a period not to exceed a maximum of ten years from the effective date of the adopting ordinance. The city may specify in the agreement options to renew the term of the agreement.

B.

Development agreements may be reviewed once every twelve months at the request of the city council, director, or applicant unless the agreement provides for a different review period, in which case the agreement shall prevail.

C.

The purpose of the review shall be to inquire into the good faith compliance of the applicant with the terms and conditions of the agreement and for any other purpose specified in the agreement.

D.

Prior to each review, the director shall prepare a report on all development that has occurred under the agreement subsequent to the last review and any other matters the department wishes to bring to the council's attention.

E.

If the director review determines that all terms and conditions of the agreement were met and the council concurs, no further review is required.

F.

If the director recommends modification or termination of the agreement, a public hearing shall be scheduled before the planning commission on the agreement. Notice of intention to modify or terminate the agreement shall be given in the same manner as set forth in Section 18.20.030 of this chapter. At such hearing, the applicant shall have the burden of demonstrating his or her good faith compliance with the terms and conditions of the agreement. After closing the public hearing, the planning commission shall determine whether to recommend that the agreement be terminated, modified or confirmed as is.

G.

Upon receipt of the director's or planning commission's recommendation, the city council shall schedule a public hearing. Notice of intention to modify or terminate the agreement shall be given as prescribed in Section 18.20.030 of this chapter. If, after the public hearing is closed, the city council finds and determines on the basis of substantial evidence that the applicant or its successor in interest has not complied in good faith with the terms and conditions of the agreement, the city council may modify or terminate the agreement.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Development agreements approved by the city council shall be on file with the city clerk.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

The specific purposes of this chapter are:

A.

To ensure that adequate right-of-way is available for existing and planned streets and utilities and that streets and other public facilities needed to support new development meet or exceed the level-of-service thresholds and engineering standards established by the general plan or as subsequently adopted by resolution of the city council.

B.

To ensure that new development is not approved that would cause a reduction in the levels of service for any public facilities below the adopted level-of-service thresholds.

C.

To ensure that adequate public facilities needed to support new development are available concurrent with the impacts of such development.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

A.

Public Facilities. For purposes of this chapter, "public facilities" includes, but is not limited to, the following: streets and street rights-of-way, water and sewer conveyance facilities and easements, water and sewer pump and lift stations and electric transmission and distribution lines and easements, public safety facilities and services, and park facilities and services.

B.

General Applicability. The provisions of this division shall apply to all applications for a zoning clearance, site development permit or use permit, within the city, except:

1.

Minor alterations and additions to existing structures of less than fifteen percent of their gross floor area.

2.

Single-family dwellings on existing parcels.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

A.

Determination of Adequacy. Once an application for a site development permit, use permit, or subdivision approval has been filed, the director, in consultation with other city departments, shall evaluate the proposed project for compliance with service thresholds contained in the general plan, the adopted resolution of the city council, this chapter, adopted engineering standards, and the facilities needs as determined by appropriate master utility or service plans adopted or otherwise accepted by the city. The project applicant may be required to provide engineering or other pertinent data which will assist the director in evaluating project impacts. In each case, project impacts shall be based on impacts anticipated at the time occupancy is expected to occur. Based on his or her evaluation, the director shall determine whether public facilities are, or will be, adequate to serve the proposed development and whether the development will reduce service levels below adopted standards.

B.

Project Approval. An application shall not be approved if it is shown that levels of service will be reduced below adopted thresholds unless the reduction will be mitigated to the satisfaction of the city or a "deficiency plan" is prepared by the applicant and approved in accordance with subsection C of this section. If the nature of improvements required or the proposed timing of the development are such that a deficiency plan is not practicable, the developer may choose to do any of the following subject to approval of the approving authority:

1.

Delay the development until necessary improvements are constructed by the city or other entity.

2.

Construct the necessary improvements subject to a reimbursement agreement, where allowed by law and approved by the city, which will specify what the applicant's proportional share of costs is based on project impacts. The amount to be reimbursed is the amount of the improvement costs paid by the applicant that exceed the proportional costs.

3.

Enter into an agreement with the city to participate financially in the cost of the improvements in order to accelerate their construction.

4.

Scale down the project or modify the phasing, so that the standards required by this chapter are met.

5.

Any other reasonable actions to ensure that all public facilities and services will be adequate and available concurrent with the impacts of the proposed development and that service levels are not reduced below adopted standards.

C.

Deficiency Plan. The approving body may approve a development that will result in a reduction of service levels below adopted standards if a deficiency plan is adopted by the approving authority. The plan must clearly establish the:

1.

Measures that will be taken to address the deficiency;

2.

Funding mechanism to be utilized;

3.

Approximate timing of construction;

4.

Party responsible for undertaking improvements.

The deficiency plan may be tied to the adopted capital improvement plan (CIP) of the city; provided, that necessary improvements are explicitly included in the ten-year CIP and funds are identified and committed for the improvements. The deficiency plan may also be tied to a development agreement between the city and the project applicant that ensures completion of identified improvements.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

A.

Streets. All new development subject to the provisions of this chapter shall demonstrate that the level-of-service thresholds contained in the general plan will not be degraded by project development. Those thresholds are:

LOS "C" for most arterial streets and their intersections;

LOS "D" for the downtown area;

LOS "D" for streets and interchanges within the state highway system;

LOS "D" for river-crossing corridors whose capacity is affected by adjacent intersections.

All proposed developments that would create more than two hundred fifty average daily vehicle trips shall be required to demonstrate the adequacy of the street system to accommodate traffic from the proposed development consistent with the above thresholds unless the director determines that such information is not needed to determine compliance with the applicable level-of-service standard. That determination may be based on recent area traffic studies, projections of the city's master street plan or similar information.

Developments with less than two hundred fifty average daily vehicle trips shall be presumed to have an insignificant impact on the street system and shall be exempt from the requirements for a traffic impact analysis unless the director determines that the existing street conditions are such that any additional traffic may further reduce service levels below adopted standards.

Right-of-way dedication may be required as a condition of development approval if the adjacent street does not meet the city's right-of-way standard for that class of street.

1.

Traffic Impact Analysis Submittal Requirements. The applicant shall submit sufficient information to allow the city to determine whether the street cross-section and level-of service standards will be met for the proposed development. A traffic impact analysis shall be prepared by a qualified traffic engineer who is a licensed engineer in the state of California, and shall contain the following information for the traffic-impact area. All assumptions and data sources shall be clearly explained and fully documented:

a.

A location map showing the development site, adjacent streets, and the access route to the nearest state highway or interstate highway and all bridges along the access route.

b.

Identification of the precise boundaries of the traffic impact area, which shall be approved in advance by the city.

c.

A detailed description of the street network within the traffic impact area, including all major intersections, proposed and existing ingress and egress locations (single-family residential driveways excepted), all existing street widths and rights-of-way, all existing traffic signals and traffic-control devices, and all existing and proposed public-transportation services and facilities serving the traffic-impact area.

d.

The capacity of existing and proposed street segments based on accepted traffic engineering methodology within the twenty-year planning horizon.

e.

Current and twenty-year projected average daily traffic volumes on all streets within the traffic impact area that will be affected by the proposed development.

f.

A capacity analysis of all major street sections and street intersections affected by the proposed development and for all proposed access points to the development site, taking into consideration existing traffic as well as traffic that will be generated by the proposed development.

g.

A summary outlining the study findings on the traffic impacts of the proposed development on the existing and proposed street system, including a detailed description of proposed improvements necessary to mitigate impacts where the analysis indicates unacceptable levels of service or safety problems.

h.

Other information as may reasonably be required by the city to determine compliance with the applicable level-of-service standards.

i.

Information to be submitted shall be analyzed in both a "project-build" and "no-build" scenario.

B.

Water, Wastewater, Electricity, Stormwater, Public Safety, and Parks and Recreation. Level-of-service standards for water, wastewater, electricity, stormwater, public safety and parks and recreation facilities shall be established by resolution of the city council. Periodically, but not less than every two years, the service levels contained in the resolution shall be reviewed and adjusted by the city council, if necessary, to reflect current capital improvement programming, redevelopment plans and similar mechanisms that influence service levels.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

The city council has determined that Redding possesses a wide range of historical, architectural, and cultural resources which are valued as sources of pride for the community and provide a context for appreciating Redding's history. In recognition of this, the city has established the "Mills Act Historic Property Tax Incentive Program." California Government Code, Section 50280, et seq., and California Revenue and Taxation Code, Section 439, et seq., authorize the city of Redding to enter into contracts with the owners of "Qualified Historical Properties," which are recognized as such at the local, state, or federal level, to maintain the property in a manner which the city deems reasonable to carry out the purposes of the Mills Act program.

The purposes of this chapter are to:

A.

Promote the public peace, health, safety, and welfare through identifying historic/architecturally important buildings and structures and assisting property owners in maintaining the character of these important community assets;

B.

Implement the Mills Act Historic Property Tax Incentive Program by establishing appropriate administrative procedures;

C.

Identify properties appropriate for Mills Act contracts and the application of the California Historical Building Code.

(Ord. 2410 § 1 (part), 2008)

"City of Redding Local Register of Qualified and Candidate Historic Properties" means a register of historic/architecturally important properties consisting of the following:

1.

Local Register of Qualified Historic Properties. A list which identifies properties designated on a federal, state, or city register of historical or architecturally significant places, or landmarks, including the National Register of Historic Places, California Register of Historical Resources, California Historical Landmarks, State Points of Historical Interest, and the City of Redding Local Register of Qualified Historic Properties.

2.

Local Register of Candidate Historic Properties. A list which identifies buildings or structures that may be significant in the history, architecture, or culture of Redding, Shasta County, the state of California, or nationally.

"Qualified professional" means an individual with documented experience and formal training in the fields of archaeology, anthropology, architecture, engineering, history, or a related field, who has demonstrated experience in research, field work, and/or analysis of historic buildings, structures, and people.

(Ord. 2410 § 1 (part), 2008)

The planning commission shall have the following powers and duties:

A.

Make additions to and deletions from the Local Register of Qualified and Candidate Historic Properties.

B.

Based on the merits of individual applications, certify properties as qualified historic properties for purposes of upgrading from the list of candidate historic properties to the list of qualified historic properties and, if appropriate, approve the property for participation in the Mills Act Historic Property Tax Incentive Program, and recommend the maintenance and/or improvement requirements to be included in the Mills Act contract.

(Ord. 2410 § 1 (part), 2008)

The "Local Register of Qualified and Candidate Historic Properties" (local register) shall be established by resolution of the planning commission. The local register shall consist of a list of "candidate properties" and a second list of properties that have been certified as "qualified historic properties" under the provisions of this chapter, regardless of ownership or property tax status. The planning commission may amend the local register from time to time to: (1) delete properties that have been demolished or modified such that they are no longer appropriate for the candidate or qualified lists; and/or (2) add additional properties that may be identified as appropriate either the candidate or qualified lists.

A.

Candidate properties may, upon property owner requests and more detailed investigations, be certified and added to the list of as qualified historic properties appropriate to receive benefits under the Mills Act. These include specific buildings and structures which have been found by the city to have historical, architectural, or other significance to the community.

(Ord. 2410 § 1 (part), 2008)

A property must be certified as a qualified historic property by action of the planning commission or the provisions of this chapter in order to participate in the Mills Act Historic Property Tax Incentive Program. A public hearing is required to secure this designation, except no public hearing is required for those properties specified in subsection A of this section. Once private property on the tax rolls is so certified, it is eligible to participate in the Mills Act Historic Property Tax Incentive Program and may enter into a contract with the city as provided in Section 18.23.060. Properties with the following characteristics may be appropriately certified as qualified historic properties.

A.

Any public property that is listed, or is eligible to be listed, on the National Register of Historic Places, State Register of Historical Resources, California Historical Landmarks, or State Points of Historical Interest is considered to be a qualified historic property without further action by the city.

B.

Any private property included on the list of candidate properties that is determined appropriate for inclusion on the list of qualified properties by the planning commission based on Mills Act application materials submitted to the city. A property may be eligible to enter into a Mills Act contract if it meets one or more of the following criteria and is consistent with any formal policy or guidelines adopted by the city council for evaluating historical significance, as demonstrated by materials prepared by a qualified professional:

1.

Has significant inherent character, interest, or value as part of the development or heritage of the community, state, or nation;

2.

Is the site of an event significant in local, state, or national history;

3.

Is associated with a person or persons who contributed significantly to the culture and development of the community, state, or nation;

4.

Exemplifies the cultural, political, economic, social, ethnic, or historic heritage of the community, state, or nation;

5.

Embodies distinguishing characteristics of a type, style, period, or specimen in architecture or engineering;

6.

Is the work of a person whose work has influenced significantly the development of the community, state, or nation;

7.

Contains elements of design, detail, materials, or craftsmanship which represent a significant innovation;

8.

Represents an established and familiar visual feature of the neighborhood or community;

9.

Has yielded, or may be likely to yield, information important in pre-history or history.

(Ord. 2410 § 1 (part), 2008)

An application for the Mills Act Historic Property Tax Incentive Program, accompanied by a fee established for this purpose by resolution of the city council, shall be filed with the development services department in a form prescribed by the director or his or her designee. The application shall be accompanied by plans, property descriptions, and other information deemed necessary by the director to allow the planning commission to determine if the property should be classified as a qualified historic property as provided under this chapter and state law.

(Ord. 2410 § 1 (part), 2008)

A.

The city manager, or his or her designee, is delegated authority to enter into a Mills Act contract with owners of a qualified historic property as determined under Section 18.23.040.

B.

If property proposed for a Mills Act contract is located in a redevelopment area and is to be used for commercial purposes, the city manager or his or her designee shall first obtain authorization from the Redding Redevelopment Agency (agency) regarding the proposed Mills Act contract, as such contracts may impact the funding for agency programs. The agency may prohibit the city from entering into a Mills Act contract, despite the determination that the property is otherwise qualified, based on a finding of conflict with agency programs or significant impact to agency financing.

(Ord. 2410 § 1 (part), 2008)

A.

Appeals to the determinations of the planning commission regarding the composition of the qualified and candidate historic properties lists, and/or the property improvement/maintenance requirements recommended for the Mills Act contract, may be appealed to the city council in accordance with the provisions set forth in Chapter 18.11, Common Procedures.

(Ord. 2410 § 1 (part), 2008)

The purpose of this section is to provide the city of Redding, project applicants, and the public with the procedures to be used in administering the city's responsibilities under the California Environmental Quality Act (CEQA), codified as Public Resources Code Section 21000, et seq., as amended. The procedures are intended to protect both local and regional natural resources in a manner that is consistent with the goals and policies of the general plan.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

The full text of the State CEQA Guidelines as amended is hereby incorporated by reference into this ordinance as if fully set out herein and shall supersede any inconsistent provisions of these city environmental review procedures. These environmental review procedures supplement the State CEQA Guidelines adopted as 14 California Code of Regulations, Title 14, Section 15000, et seq. In the event there is a conflict between the Public Resources Code and the CEQA Guidelines, the Public Resources Code shall govern.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

The list of defined terms in Chapter 18.61 (List of Terms and Definitions), under Title 18 of the City of Redding Municipal Code is expanded by reference to include the definitions contained in the Public Resources Code and the State CEQA Guidelines.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

The department shall determine whether an application for a permit or other entitlement for use is complete within thirty calendar days from the receipt of the application. If no written determination of the completeness of the application is made within that period, the application shall be deemed complete on the 31st day.

A.

When reviewing the application for completeness, the department shall identify environmental issues that require additional information or explanation by the applicant. An application for a project shall not be accepted as complete by the department until all the additional information necessary for environmental review has been submitted.

B.

Accepting an application as complete does not limit the authority of the city to require the applicant to submit additional information needed for environmental evaluation of the project.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

A.

Ministerial Projects. Projects determined to be ministerial, as defined in Section 15268 of the State CEQA Guidelines, are exempt from CEQA. A list of activities determined to be ministerial projects by the City of Redding has been adopted by resolution of the city council and includes:

1.

Issuance of building permits and related building division permits (e.g., plumbing, electrical, foundation) that do not involve potential environmental impacts;

2.

Issuance of encroachment permits that do not involve potential environmental impacts;

3.

Issuance of business licenses;

4.

Reversions to acreage or certificates of compliance, when in conformance with the city zoning ordinance and the Subdivision Map Act and when no condition other than payment of fees pursuant to the Redding Municipal Code is required;

5.

Acceptance of improvements and approval of final subdivision maps;

6.

Approval of individual utility service connections and disconnections;

7.

Issuance of demolition permits that do not involve structures of historical significance. For purposes of this section, properties listed on the Local Register of Candidate Historic Properties are not considered historically significant unless sufficient information/evidence is presented to the director to establish a reasonable probability of historical significance within the context of Council Policy 1808 pertaining to buildings associated with historic events or persons, buildings associated with historic architecture or historic period, and/or buildings or places of historic community significance.

8.

Issuance of sign permits in compliance with Chapter 18.90 of the Redding Municipal Code, which do not require a planning permit or do not result in a potentially significant visual impact;

9.

Parade or special-event permits;

10.

Dog licenses;

11.

Certificates of occupancy;

12.

Lot merger applications;

13.

Technical corrections to recorded maps;

14.

Issuance of fire department permits necessary for the safeguarding of life and property;

15.

Bicycle licenses;

16.

Park use and park festival permits by the community services department;

17.

Aboveground flammable-liquid storage tanks as provided for under Section 9.20.040 of the Redding Municipal Code;

18.

Lease agreements that do not involve potential environmental impacts;

19.

Establishment of landscape maintenance districts;

20.

Contract awards for public works projects that do not involve potential environmental impacts;

21.

Agreements for services granted by the city council which do not involve potential environmental impacts;

22.

Vacation of easements that do not involve potential environmental impacts;

23.

Abatement proceedings;

24.

Permits for wildland fuel-management purposes, complying with the criteria by the development services director for the protection of resources.

B.

Statutory and Categorical Exemptions. Statutory exemptions deal with projects for which exemptions from CEQA have been granted by the state legislature as described in Article 18 of the State CEQA Guidelines. Categorical exemptions deal with projects which have been determined to have no potential for significant effect on the environment as described in Article 19 of the State CEQA Guidelines.

C.

Notice of Exemption. When the department determines that a project is categorically or statutorily exempt from CEQA and the city approves or decides to carry out a project, the department may file a notice of exemption. The notice of exemption may be prepared in accordance with Section 15062 of the CEQA Guidelines.

D.

Filing of Notice of Exemption. The department may file the notice of exemption with the county clerk of Shasta County. Copies of the notice may also be available for public inspection at the department. Filing and posting the notice of exemption commences a thirty-five-day statute of limitations from the date of project approval. If the notice of exemption is not filed, a one hundred eighty-day statute of limitations applies.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

(Ord. No. 2541, § 2, 2-16-2016)

If it is determined that a project is not exempt and is subject to CEQA, the department shall conduct an initial study to determine whether a negative declaration or Environmental Impact Report (EIR) is to be prepared. If the department determines that an EIR will clearly be required for a project, an expanded initial study may be conducted to better focus the EIR on important environmental issues.

A.

The initial study report shall be prepared in accordance with Section 15063 of the CEQA Guidelines. Thresholds of significance shall be determined as based on CEQA, the general plan, and other regulatory documents or permit requirements. An extended initial study may also discuss methods to mitigate any potentially significant effects of the proposed project and provide a discussion regarding consistency with existing zoning, general plan, and other applicable land use regulations.

B.

Upon completion of an initial study, an environmental determination is made by the director. As an option, the project may be scheduled for a meeting of the board of administrative review or planning commission to make an environmental determination as to whether a draft negative declaration or environmental impact report is to be prepared.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

A.

The department shall prepare a draft negative declaration for a project when the initial study demonstrates that there is no substantial evidence that the project will have a significant effect on the environment.

B.

Where the department determines that a project may have a significant effect on the environment, the department may propose modifications to the project that would mitigate the potential effects to a level of "less than significant." If such mitigation measures are agreed to by the project proponent and are incorporated into the project or made a condition of the project, the department may prepare a draft mitigated negative declaration.

C.

As required by Section 21091 of the Public Resources Code, the Department shall provide at least a twenty-calendar-day public review period for a draft negative declaration or draft mitigated negative declaration from the date the notices are postmarked. When a negative declaration or a mitigated negative declaration is submitted to the State Clearinghouse for review by state agencies, the review period shall not be less than thirty calendar days from the date the document is distributed by the Clearinghouse. The proposed negative declaration or a mitigated negative declaration shall be kept on file at the department to provide an opportunity for public review.

D.

Notice of availability of any proposed negative declaration shall be mailed to all property owners within three hundred feet of the exterior boundaries of the development site in accordance with the common procedures in Chapter 18.11 of this title.

E.

Prior to approving a project, the city shall consider the draft negative declaration or a mitigated negative declaration, together with any comments received during the public review period. The city shall approve the negative declaration or a mitigated negative declaration if it finds, on the basis of the initial study and comments received, that there is not any substantial evidence that the project will have a significant effect on the environment.

F.

With a private project, the negative declaration or a mitigated negative declaration must be completed and ready for approval within one hundred-five calendar days from the date when the city accepted the application as complete.

G.

After the city decides to carry out or approve a project for which a negative declaration or a mitigated negative declaration has been approved, the department shall file a notice of determination and any appropriate California Department of Fish and Wildlife fees to the Shasta County Clerk within five working days. The contents of the notice of determination shall comply with Section 15075 of the State CEQA Guidelines. Notices of determination shall be mailed to requesting parties if such request is made within the thirty-day posting period of the notice. Posting of the notices starts a thirty-calendar-day statute of limitations on court challenges to the approval under CEQA. If a notice of determination is not filed and posted by the city with the county clerk, a one hundred eighty-day statute of limitations will apply.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

(Ord. No. 2590, § 3, 8-21-2018)

Upon completion of the initial study and a determination by the board of administrative review, the planning commission, or the director that an EIR is required, the department shall initiate the EIR process as described in this section. The EIR process should be consolidated, to the extent possible, with the existing planning, review and approval process. The director shall execute a contract with an independent firm or individual to complete the EIR. The director shall require a cash deposit or other security from the project proponent to ensure that costs associated with preparation, review and administration of the EIR and contract are recovered.

A.

Notice of Preparation. Upon a determination by the city that an EIR is required, the department shall prepare a notice of preparation (NOP) pursuant to Section 15082 of the State CEQA Guidelines. The department may require the project proponent to provide information necessary for preparation of the NOP.

B.

Distribution of Notice of Preparation. Department shall send the NOP to each responsible or trustee agency. In addition, the director may identify other relevant groups or agencies and distribute the NOP to those groups. The department shall use either certified mail or other method of transmittal which provides a record that the NOP was received. A period of thirty calendar days from receipt of the NOP shall be provided for comment. When one or more state agencies will be a responsible agency or a trustee agency, the department shall send the NOP to each state responsible agency and trustee agency with a copy sent to the state clearinghouse.

C.

Issues in an EIR. During or subsequent to the NOP review period, a meeting may be convened by the department. The meeting shall involve representatives from pertinent agencies in order to clarify and focus the issues to be addressed in the draft EIR.

D.

Preparation of the Draft EIR. When an EIR is required for a project, the department shall be responsible for preparation of the draft document. The draft EIR may be prepared by an environmental consultant in a format specified by the city and shall include all the contents specified in CEQA Guidelines. If environmental documentation is prepared under contract to the city, the contract shall be executed within forty-five days of the determination that the environmental documentation is required.

E.

Acceptance of the Draft EIR for Circulation. Upon completion of the draft EIR, the consultant for the EIR shall submit a specified number of copies of an administrative draft for review by the department. A draft mitigation monitoring plan shall also be submitted. The department shall review the administrative draft and make changes as necessary to reflect the independent judgment of the department and to ensure that the document adequately and objectively discloses any potential environmental effects of the proposed project.

This review should be conducted within fourteen calendar days of the date of submittal of the draft EIR. Where corrections or changes are found necessary by the department, a revised administrative draft shall then be prepared. As soon as the revised draft EIR is prepared and accepted by the department as adequate under CEQA, a specified number of copies of the circulation draft EIR, together with one original copy, shall be filed with the department.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Upon acceptance of the draft EIR by the department, a notice of completion (NOC) shall be filed with the state clearinghouse pursuant to CEQA Guidelines.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

A.

The department shall provide at least a thirty-calendar-day, public-review period for a draft EIR. If a state agency is a responsible or trustee agency, the public review period shall be no less than forty-five calendar days unless a shorter period is approved by the state clearinghouse.

B.

The department shall provide notice of the public review for the draft EIR upon filing of the notice of completion with the state clearinghouse per CEQA Guidelines. Direct notice shall be given to all organizations or individuals who have previously requested such notice.

C.

Comments received as a part of the public review should be in writing and should focus on environmental issues related to the project and the adequacy of the EIR.

D.

The department may schedule a public hearing before the planning commission during or upon completion of the public review period for the purposes of receiving public comments on the draft EIR. The public hearings may be held at the regular time and place of planning commission meetings or they may be held at another established place and time convenient to that portion of the general public most interested in the project for which the public hearing is being conducted.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

The department shall evaluate comments on environmental issues received during the noticed public-review period and shall prepare written responses. The responses shall comply with the requirements described in CEQA Guidelines. The response to comments must describe the disposition of significant environmental issues raised. The response to comments may take the form of revisions to the draft EIR or may be a separate section of the final EIR. All comments received, either in writing or as summarized in minutes of public meetings, shall be retained by the department for a period of at least three years following certification of the final EIR for the subject project.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

A.

Preparation. The department shall prepare the final EIR in accordance with CEQA Guidelines.

B.

Certification of the Final EIR. Prior to action on the project, the final EIR shall be presented to the planning commission or city council. At least ten days prior to certifying an EIR, the city shall provide a copy of its written responses to comments to any public agency that submitted comments during the review period. The city shall certify that the final EIR has been completed in compliance with CEQA, that the document reflects the city's independent judgment and analysis, and that the decision-making body has reviewed and considered the information contained in the final EIR pursuant to CEQA Guidelines.

C.

Adoption of Findings. The city shall not approve or carry out a project for which an EIR has been prepared which identifies one or more significant environmental effect(s) unless one or more written findings is made for each of those significant effect(s). Possible findings are described in CEQA Guidelines.

D.

Decision on a Project. After considering the final EIR and in conjunction with making required findings, the city may decide whether or how to approve or carry out the project. Permit applications for projects for which an EIR has been prepared shall be acted upon within six months after the EIR is certified. The city shall not decide to approve or carry out a project for which an EIR was prepared unless either the project as approved will not have a significant effect on the environment or the city has:

1.

Eliminated or substantially lessened all significant effects on the environment, where feasible;

2.

Determined that any remaining significant effects on the environment found to be unavoidable are acceptable due to overriding concerns.

E.

Statement of Overriding Considerations. If the city determines that the benefits of a proposed project substantially outweigh the unavoidable adverse environmental effect(s), the city shall make a statement of overriding considerations in approving the project. The city shall state specific reasons to support its action based on the certified final EIR and additional evidence if presented for the record.

F.

Time Limits. With a private project, the city shall complete and certify the final EIR within one year after the date the project application was accepted as complete. An unreasonable delay by an applicant in meeting requests by the city necessary for the preparation of an EIR shall suspend the running of the time period for the period of the unreasonable delay. Alternatively, the city may disapprove a project application where there is unreasonable delay in meeting requests. The city may allow a renewed application to start at the same point in the process where the application was when it was disapproved.

G.

Notice of Determination. The city shall file a notice of determination (NOD) with the Shasta County clerk following project approval for which an EIR was prepared. The notice shall be prepared in accordance with CEQA Guidelines. If a state agency is a responsible or trustee agency, the NOD shall also be filed with the state clearinghouse.

H.

Statute of Limitations. Notices of determination shall be mailed to requesting parties if such request is made within the thirty-day posting period of the notice. Posting of the notices starts a thirty-calendar-day statute of limitations on court challenges to the approval under CEQA. If a notice of determination is not filed and posted with the county clerk by the city, a one hundred-eighty-day statute of limitations will apply.

I.

Final EIR Distribution. Within fifteen calendar days after certification of a final EIR, a copy of the final EIR shall be available for review or sale at the department for a reasonable amount of time. The city shall provide a copy of the certified final EIR to each responsible agency.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

As required under the Public Resources Code, the city of Redding shall establish monitoring or reporting procedures for mitigation measures adopted as a condition of project approval in order to mitigate or avoid significant effects on the environment.

A.

Applicants shall be required to submit checklists indicating the mitigation measure to be monitored, the agency and/or person responsible for monitoring, and dates for the commencement and completion of the mitigation.

B.

Draft monitoring programs for projects for which an EIR or mitigated negative declaration is prepared shall be included in the draft documents. The monitoring program shall be subject to the same public review and comment accorded all other portions of the draft document. The final monitoring program shall be adopted as a part of the CEQA findings for the subject project.

C.

A monitoring program for a mitigated negative declaration shall be attached to the document as a supporting exhibit.

D.

Where the city's monitoring or reporting activities demonstrate that mitigation measures are not being implemented, the director shall notify the project applicant of the specific areas of noncompliance and request immediate correction. Where the permittee fails to comply with the imposed mitigation measures, the city shall take appropriate enforcement action, including issuance of stop-work orders.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

A.

Any determination or decision made by the director or board of administrative review pursuant to these environmental review procedures may be appealed to the planning commission by any person aggrieved or affected by such determination or decision. Such an appeal shall be made by filing a written appeal with the development services department within ten calendar days after the decision or determination. The written appeal shall set forth the grounds upon which the appeal is based. The planning commission shall act on the appeal within thirty days of the date of the filing of written appeal.

B.

Where an appeal is made on the decision of a project, the board of administrative review, planning commission, or city council may also review the environmental document prepared for the project; however, the environmental document need not be recertified if the appeal is not based on issues of the environment (for definition of "environment," refer to Section 15360 of the CEQA Guidelines).

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Applicants shall be required to pay an environmental review fee at the time of application as set by city council resolution. To guarantee that the city has the resources to carry out the mitigation monitoring and reporting program, the approving authority may require the project proponent to post a cash bond or other specific assurity acceptable to the city attorney at the time the project is approved or is to be carried out. The assurity would be used to cover the cost of staff time in meeting the requirements of a mitigation monitoring and reporting program. The assurity would be posted with the city treasurer, and all accrued interest would be used to cover administrative handling by the city. Upon completion of the monitoring program, any unused portion of the assurity would be returned to the project proponent.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

All departments, officials, and public employees of the city vested with the duty or authority to issue permits or licenses shall conform to the provisions of this title and shall issue no permit or license for uses, buildings, or purposes in conflict with the provisions of this title, and any such permit or license issued in conflict with the provisions of this title shall be null and void.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

It is the duty of the director to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, altering, or addition to any building or structure and pertaining to use of property as regulated by this code; and his or her duty and authority in this regard shall include the issuing of stop work orders.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Failure to comply with the conditions of approval of any permit issued pursuant to the provisions of this code shall be considered a violation of the Redding Municipal Code and subject to all enforcement actions established therein.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

The purpose of this chapter is to provide incentives, consistent with State law, for the construction of housing units that are affordable to very-low, low-, and moderate-income households. A density bonus is an increase over the otherwise maximum residential density allowable under the zoning ordinance and the general plan. It provides developers an opportunity to increase the number of units within a proposed residential development in exchange for including within the project a specified number of units that are affordable to very low-, low-, or moderate-income persons and families. The density bonus provides a private market incentive to encourage the development of affordable housing in Redding. State law also allows the City to provide incentives other than, or in addition to, an increase in density if requested by an applicant. Accordingly, the purposes of this chapter are to:

A.

Establish procedures for allowing an increase in density above the maximum residential density allowed by the general plan and zoning ordinance.

B.

Provide for flexibility in applying zoning regulations and development standards in order to facilitate the development of affordable housing.

C.

Provide incentives to developers to encourage the inclusion of affordable housing within residential projects.

D.

Implement the goals and policies of the general plan relative to providing housing opportunities and meeting community housing needs.

(Ord. No. 2671, § 4, 11-5-2024)

The density bonus provisions of California Government Code (CGC) Sections 65915-65918 (State Density Bonus Law), as may be amended from time to time, are incorporated by reference into this chapter. In instances where the provisions of State Density Bonus Law are more restrictive than this chapter, the City reserves the right to review applications for a density bonus in accordance with the aforementioned CGC Sections. Pursuant to state law, the granting of a density bonus or the granting of a density bonus together with an incentive(s) (e.g. concessions, waiver or modification of development standards) shall not be interpreted, in and of itself, to require a general plan amendment, specific plan amendment, or rezone.

(Ord. No. 2671, § 4, 11-5-2024)

For the purposes of this chapter, the following words and phrases shall have the following meanings and are in addition to the definitions contained in CGC 65915.

A.

"Affordable Housing Agreement" is defined as a legally binding agreement between a developer and the City to ensure that the density bonus requirements of this chapter are satisfied. The agreement establishes the number and type of affordable units, affordability tenure, and the terms and conditions of affordability.

B.

"Density Bonus" is defined as an increase in density over the otherwise maximum allowable gross residential density under the applicable general plan designation and/or zoning district as of the date of filing of a request for a density bonus with the City. If elected by the applicant, a density bonus also includes requests for a lesser percentage of density increase, including, but not limited to, no increase in density based on a request for approval only of development incentives or waiver/modification of development standards necessary to achieve project affordability for lower income individuals or families.

C.

"Development Standard" is defined as the site, development, or construction standards and/or conditions of approval that apply to a residential development.

D.

"Incentive" is defined as a reduction in any site development standard or a modification of Zoning Code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission. One or more incentives can be requested by the applicant in accordance with Section 18.26.070. The term "incentive" includes the term "concession" as that term is used in California Government Code Section 65915(k)(1).

E.

"Waiver/Modification of Development Standards" is defined as eliminating or modifying a development standard that would have the effect of physically precluding the construction of a development at the density or with the incentive(s) permitted by this chapter.

(Ord. No. 2671, § 4, 11-5-2024)

A developer of a housing development may qualify for a density bonus and/or at least one other incentive as provided by this chapter and CGC Section 65915. Density bonuses may be granted in the following circumstances:

A.

At least five percent of the units are restricted to very low-income households.

B.

At least ten percent of the units are restricted to low-income households.

C.

At least ten percent of the units in a for sale common interest development are restricted to moderate-income households, provided that all units in the development are offered to the public for purchase.

D.

One hundred percent of the housing units (other than the managers' units) are restricted to very low, low, and moderate-income residents (with a maximum of twenty percent moderate units.)

E.

At least ten percent of the housing units are for transitional foster youth, disabled veterans or homeless persons, with rents restricted at the very-low income level.

F.

At least twenty percent of the units are for low income college students at housing dedicated for full-time students at accredited colleges.

G.

The project donates at least one acre of land to the City for very-low income units, and the land has the appropriate general plan designation, zoning, permits and approvals, and access to public facilities needed for such housing.

H.

The project is a senior housing development (no affordable units required.)

I.

The project is a mobile home park age-restricted to senior citizens (no affordable units required.)

(Ord. No. 2671, § 4, 11-5-2024)

Each application for a density bonus and/or approval of incentives for the development of affordable housing units shall be accompanied by the following information, which is in addition to information required by an application for a building permit or discretionary permit required by the Zoning Code (i.e., site development permit, use permit, parcel map, tentative subdivision map). If a project is exempt from a discretionary permit under Government Code Sections 65400 and 65582.1 (Senate Bill No. 35 approved by Governor September 29, 2017), a site development permit issued by the director shall be required solely for the purpose of processing the density bonus request.

A.

A site plan that includes the identification of all units in the project including the location and size of the affordable/bonus units.

B.

A brief narrative describing the project including information on:

1.

The number of units permitted under the general plan and zoning of the property.

2.

The total number of units proposed in the project.

3.

The number of affordable and/or senior units proposed and a breakdown of units proposed for very low-, low-, and moderate-income, senior citizen, and market rate units.

4.

The number of bonus units, if any, requested.

5.

A phasing plan (if applicable) that provides for the timely development of the affordable units proportionate to each proposed phase of development.

6.

Any requested incentive(s), concessions, or waiver/modification of development standards, including an explanation as to why the requested action is required for the development.

7.

If a density bonus is requested for construction of a child-care facility pursuant to Government Code Section 65915(h), the application shall show the location and square footage of the proposed facility and provide evidence that the requirements of that Government Code Section have been met.

C.

The specific financial information and data (i.e., pro forma) relied upon by the developer that establishes the monetary value of the incentives/waivers/modification of development standards requested by the developer and a concise statement of how such value was calculated. A clear statement of how the requested incentive(s) is necessary to make the proposed housing development economically feasible shall be provided. The information shall be sufficiently detailed to enable City staff to examine the conclusions reached by the developer.

1.

Pro Forma Exceptions: Projects that are consistent with any of the items described in "a," "b," and/or "c" below are exempt from the requirement to provide a pro forma unless the director determines that the nature of the proposed development warrants submittal of financial information sufficient to demonstrate that the requested incentives are required for the economic viability of providing affordable units in the project:

a.

Projects with market rate units totaling twenty-five percent or less of proposed total residential units.

b.

Projects that request deviations from a standard that does not exceed twenty-five percent of the following base zoning district requirements in recognition by the City that they may result in actual and financially sufficient cost reductions:

i.

Yard setbacks, except where a skyplane or multistory setback is required.

ii.

Lot coverage.

iii.

Lot area, width, or depth.

iv.

Distance between structures (shall not conflict with the Building Code).

v.

Off-street parking reductions requested by the applicant that comply with the State Density Bonus Law and Section 18.26.070B.6.

c.

Financial participation in the project by the City.

D.

Other pertinent information as the director may require enabling the City to adequately analyze the economic feasibility of the proposed development with respect to the requested incentives. The City may, at its sole discretion, retain a consultant to review the financial information. The cost of the consultant review shall be borne by the applicant.

E.

The applicant notification and processing timelines of CGC Section 65915 shall apply.

(Ord. No. 2671, § 4, 11-5-2024)

Density Bonus Allowance. Allowances shall be in accordance with CGC Section 65915 and any additional allowances provided by this chapter, subject to the City's application and processing requirements contained in Section 18.26.050. A development that satisfies all pertinent provisions of this chapter shall be allowed the following applicable density bonus of CGC Section 65915 by right, subject to the City's application and processing requirements contained in Section 18.26.050. At the City's sole discretion, and consistent with state law, nothing in this section shall be construed to prohibit the City from granting a density bonus greater than afforded by CGC 65915 or from granting a proportionately lower density bonus for developments that do not meet the requirements of this chapter. In calculating the number of units required for very low-, low-, and moderate-income households, the density bonus units shall not be included as illustrated in the following example.

Example: Proposed construction of one hundred unit apartment development. Developer requests a density bonus and agrees to reserve five percent of the units as very low-income units.

100 units x 5 percent very low-income = 5 very low-income units

100 units x 20 percent density bonus = 20 bonus units (of which 5 must be available as very low-income units)

(Ord. No. 2671, § 4, 11-5-2024)

A.

Eligibility for Incentives. Incentives are available to a housing developer as specified in CGC Section 65915. At its sole discretion, the City may grant incentives that exceed CGC Section 65915 requirements, including providing incentives in cases where bonus units are not being requested in order to facilitate development of affordable housing units.

B.

Available Incentives. Incentives may include, but are not limited to:

1.

A reduction in site development standards, such as:

a.

Reduced minimum lot sizes and/or dimensions.

b.

Reduced minimum building setbacks.

c.

Reduced minimum common outdoor and/or private outdoor living area.

d.

Increased maximum lot coverage.

e.

Increased maximum building height.

f.

Reduced on-site parking requirements.

2.

A density bonus greater than the minimum required by CGC Section 65915.

3.

Other regulatory incentives proposed by the developer or the City that result in identifiable, financially sufficient, and actual cost reductions.

4.

Approval of mixed-use zoning in conjunction with the housing development if: (1) commercial, office, industrial, or other land uses will reduce the cost of the housing development; and (2) the commercial, office, industrial, or other land uses are compatible with the housing development and the existing or planned future development in the area where the proposed project will be located.

C.

Waiver/Modification of Development Standards. Pursuant to Government Code Section 65915(e)(1), an applicant may request a waiver or reduction of a development standard that would otherwise physically preclude the construction of a development at the density or with the incentive(s) permitted by this chapter. Such standards, include, but are not necessarily limited to, those described in Section B (Available Incentives) above.

(Ord. No. 2671, § 4, 11-5-2024)

The following criteria shall apply to housing development projects that have received bonus density units in accordance with this chapter:

A.

Affordable housing units shall be constructed concurrently with or prior to non-restricted units unless the City and applicant agree—within the required Affordable Housing Agreement (refer to Section 18.26.110)—to an alternate schedule of development.

B.

Affordable housing units should be dispersed throughout the project site, whenever reasonably possible.

C.

Affordable housing units should have the same bedroom mix as market rate units in the same development, except that the project sponsor may include a higher number of bedrooms in the affordable dwelling units.

D.

The exterior design and appearance of the affordable dwelling units shall be visually indistinguishable from market rate units in the development in terms of overall design and use of materials.

(Ord. No. 2671, § 4, 11-5-2024)

The following findings shall be made prior to approving applications for a density bonus and requests for incentives, as provided in this chapter.

A.

Density Bonus Approval (additional units only, no incentives requested).

Finding:

1.

The density bonus request meets the requirements of this chapter.

B.

Density Bonus Approval with Incentive(s) or Waiver/Modification of Development Standards.

Findings:

1.

The density bonus request meets the requirements of this chapter.

2.

The incentive is required in order to provide affordable housing.

3.

Approval of the incentive(s) will have no specific adverse impacts upon health, safety, or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to very low-, low-, and moderate-income households. Specific adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

4.

Approval of the incentives is not contrary to state or federal law.

(Ord. No. 2671, § 4, 11-5-2024)

A.

Form and Content of Agreement. The applicant shall submit an Affordable Housing Agreement (AHA) for City review. The form of the AHA will vary, depending on the manner in which the provisions of this chapter are satisfied for a particular development. For example, an affordable housing development may utilize public funding sources that require long-term affordability, monitoring, and reporting consistent with this chapter. In such cases, the requirements of such program may be sufficient, and an AHA may not be required. The form and content of the AHA (or equivalent document) shall be subject to the review and approval of the City Attorney. The AHA shall be recorded as a restriction on the parcel or parcels on which the affordable housing units will be constructed. The approval and recordation of the AHA shall take place prior to any final map being recorded or, where a map is not being processed, prior to issuance of a building permit(s) for such parcel or units. The AHA shall be binding on all future owners and successors in interest. An AHA must include, at a minimum, the following:

B.

Continued Affordability. The AHA shall include the procedures and mechanisms proposed by the developer to maintain the continued affordability of all affordable housing units, whether rental or ownership units. An applicant shall agree to, and the City shall ensure, continued affordability of all very low-and low-income units that qualified the applicant for the award of the density bonus for fifty-five years, or a longer period of time if required by the construction or mortgage-financing assistance program, mortgage-insurance program, or rental-subsidy program. Rents for very-low and low-income units shall be set at an affordable rent as defined in CGC Section 65015. Owner-occupied units shall be available at an affordable housing cost as defined in CGC Section 65015.

(Ord. No. 2671, § 4, 11-5-2024)

An administrative fee may be established by the city council for City review of all materials submitted in accordance with this chapter and for ongoing enforcement of its provisions.

(Ord. No. 2671, § 4, 11-5-2024)

In the event it is determined that rents in excess of those allowed by operation of this chapter have been charged to a tenant residing in an affordable rental unit, the City may take the appropriate legal action to recover, and the rental unit owner shall be obligated to pay to the tenant (or to the City in the event the tenant cannot be located), any excess rent charges. In the event it is determined that a sales price in excess of that allowed by operation of this chapter has been charged to an income-eligible household purchasing an affordable ownership unit, the City may take the appropriate legal action to recover, and the affordable residential unit seller shall be obligated to pay to the purchaser (or to the City in the event the purchaser cannot be located), any sales proceeds determined to be in excess of the affordable price.

(Ord. No. 2671, § 4, 11-5-2024)