A.

Purpose.

1.

To ensure that amateur radio antennas and satellite and microwave dish antennas and equipment do not have an adverse impact on aesthetic values and public safety in residential, commercial, and industrial areas.

2.

To provide controls for the installation of antennas and microwave equipment.

3.

To provide a regulatory mechanism to accommodate the installation and development of telecommunications and wireless communications facilities whose services benefit the residents of Redding.

4.

To provide for the appropriate development of telecommunication and wireless facilities consistent with the Federal regulations, with the intention of maximizing the use of existing towers, minimizing the need for new towers, and encouraging the use of alternative tower structures.

5.

To minimize the visual impacts that telecommunications and wireless facilities can create in the community through careful siting, design, screening, and camouflaging.

Antenna and Microwave Equipment Regulations

B.

Locational Criteria: Amateur Radio Antennas. An amateur radio antenna may be installed on a lot in any district if it complies with the following criteria:

1.

Setbacks. Location in any required front or street side yard or within ten feet of any other side and rear property line is prohibited.

2.

Maximum Height. Twenty feet above the district height limit provided that additional height may be authorized with a use permit.

3.

Surface Materials and Finishes. Highly reflective surfaces shall not be permitted.

C.

Locational Criteria: Satellite Antennas. A satellite antenna exceeding twenty-four inches in diameter may be installed on a lot in any zoning district if it complies with the following criteria. Antennas twenty-four inches or smaller in diameter need not comply with these requirements if they are affixed to the main or accessory structure.

1.

Residential and Office Districts.

a.

Setbacks. Shall be located on the rear one-half of the lot; shall be at least ten feet from any rear or side property line; and, in the case of a corner lot, shall not project beyond the front yard required or existing on the adjacent lot and shall be colored to minimize glare. In cases where there are front-yard setbacks greater than eighty feet, the antenna may be located on the middle of the lot provided that a site development permit is obtained in each case.

b.

Screening. A screen, fence, or earth berm shall be constructed to hide the base of the antenna from view from the street and adjoining front yards in the cases where the antenna is located in the middle of the lot.

c.

Maximum Height. Twenty feet, measured from ground level immediately under the antenna to the highest point of the antenna in its highest position.

d.

Abutting Interior Lot. In case of an interior lot abutting upon two streets, it shall not be erected so as to encroach upon the front yard required for either street.

2.

All Other Districts.

a.

Setbacks. Shall not be located closer than fifteen feet to any public street as measured from edge of right-of-way.

b.

Maximum Height. Thirty-five feet, measured from ground level immediately under the antenna to the highest point of the antenna in its highest position. If mounted on a roof, the antenna shall not extend more than ten feet higher than the height limit established for the district.

c.

Screening. The structural base of a satellite antenna, including all bracing and appurtenances, but excluding the dish itself, shall be screened from view from public rights-of-way and any adjoining "R" district by walls, fences, buildings, landscape, or combinations thereof not less than four feet high.

d.

Undergrounding. All wires and/or cables necessary for operation of the antenna or reception for the signal shall be placed underground, except for wires or cables attached flush with the surface of a building or the structure of the antenna.

e.

Surface Materials and Finishes. Highly reflective surfaces shall not be permitted.

f.

Advertising. Antennas shall not be used for advertising purposes.

D.

Locational Criteria: Microwave Receiving and Transmitting Antennas; Relay Equipment. Microwave antennas and equipment may be installed with a site development permit on any lot in the "GO," "SC," "RC," "GC," "HC," and "PF" Districts except in any required front or street-side setback area. They are permitted in the "GI" and "HI" Districts unless the antennas exceed district height limits, in which case, a site development permit is required. All wires or cables necessary for the operation of the antenna or reception of the signal shall be placed underground, except wires or cables attached flush with the surface of a building or structure of the antenna. Landscape or solid screening shall be placed around the base of any tower to screen the tower from view and to provide a physical separation between the tower and any pedestrian or vehicular circulation.

Telecommunications and Wireless Facilities Regulations

E.

Compliance with Applicable Codes. Telecommunication and wireless communication facilities constructed in the city of Redding shall comply with all applicable codes and standards.

F.

Permits. All telecommunication and wireless communication facilities shall be subject to the following:

1.

Zoning Clearance. All building-mounted facilities that comply with the regulations contained in this section.

2.

Use Permit. Facilities that require a use permit shall include:

a.

All ground-mounted facilities that are not collocated with other similar existing facilities or are within one hundred and fifty feet of a residential district.

b.

Collocations that involve the installation of improvements which increase the height of an existing or similar facility by ten percent or replace or reconstruct a facility no longer considered in conformance with the zoning or building codes.

c.

Multiple communication sites proposed by a single applicant, in which case a use permit will serve as a master land permit for all sites under single review by the planning commission.

d.

Facilities determined to have a potentially significant impact on the neighborhood. In such case, the director may require an independent third-party review, at the expense of the applicant, to confirm the radio frequency needs of the applicant.

e.

Facilities that do not comply with the standards of this chapter.

3.

Exempt. New facilities that collocate on or within an existing approved tower or other facility, and which comply with all relevant standards for the district in which the facility will be located, and with Federal Section 6409(a) Wireless Facility Siting.

G.

Height. All telecommunication and wireless communication facilities shall be of a minimum functional height, but where feasible, allow for future collocation of antenna arrays. Building-mounted facilities shall not exceed fifteen feet above the maximum height permitted for the district within which they are located.

H.

Minimum Setbacks. Telecommunication and wireless communication facilities, including guy wires and accessory facilities, shall be set back a distance two times the height of the tower from any residential district boundary unless a stealth design or site particulars mitigate the visual impact.

I.

Preferred Locations. Telecommunication and wireless communication facilities shall be collocated with existing or planned facilities, where feasible or where found to minimize visual impact (regardless of zoning district). Other facilities suitable for collocation may include publicly used structures (water tanks, light standards, etc.), industrial, commercial structures, and mixed-use buildings in urban areas.

J.

Prohibited Locations. Telecommunication and wireless communication facilities shall not be located:

1.

On the site of any designated federal, state, or local landmarks.

2.

Within fifteen hundred feet of an existing tower, unless it is on a previously approved collocated facility or multiple-user site, is technologically required, or is visually preferable.

3.

Within a residential district, unless building-mounted in a stealth manner, satisfactorily disguised in a stealth structure, or totally enclosed within a building.

K.

Visual Compatibility. The following standards of visual compatibility and screening shall apply:

1.

All telecommunication wireless communication facilities equipment shall be screened or camouflaged so as to reduce visual impacts. Existing site features shall be used to screen or camouflage the facility where possible.

2.

All facilities must be visually compatible with surrounding buildings, structures, and/or uses in the area to the maximum extent feasible.

3.

All antennas, towers, or related equipment shall be coated with a non-reflective finish or paint consistent with the background area where the facility is to be placed.

4.

Screening for ground-mounted equipment shall include existing and/or new vegetation pursuant to this chapter.

5.

Building-mounted equipment shall be located, painted, and/or architecturally designed so as to be compatible with surrounding buildings and/or uses.

L.

Interference. Interference with a public-safety radio system shall not be allowed. Prior to receiving a zoning clearance, site development permit, or use permit, applicants shall submit engineering studies evaluating transmission and radiated output power (to the third harmonic). The studies shall be reviewed by the city's telecommunications manager, who shall advise the approving authority on whether the application should be approved or denied based on the results of said study.

M.

Technological Progress. When telecommunications technology becomes available and economically viable to allow the height of cell towers to be reduced by fifty percent or more or to allow sites to be eliminated altogether, such facilities shall be upgraded or eliminated within twenty-four months of a request by the city.

N.

Discontinuance of Use. The city shall be notified by the service provider of any intent to discontinue operation no less than thirty days prior to discontinuance. Upon discontinuance of use, all related equipment shall be removed and the property restored to the preconstruction condition within ninety days.

(Ord. 2343 § 2 (part), 2005)

(Ord. No. 2658, § 2, 4-4-2023)

A.

Purpose. The purposes of these regulations are to prescribe screening requirements and other appropriate controls designed to ensure an orderly relationship between neighboring developments; to enable diverse kinds of uses to be located near one another in a compatible manner; and to improve the appearance of individual properties, neighborhoods and the city. Required buffer yards are not in addition to set back requirements established in this title, but dictate the use of setback areas or portions of setback areas where dissimilar land uses abut one another. The intent of this section is to require the most intensive adjacent zoning district to meet the buffer-yard requirement, excepting where residential uses are constructed in the "general commercial" or "general office" districts. In these cases, the buffer yard shall be the responsibility of the residential development. Where office uses are constructed in residential districts by a site development permit pursuant to Schedule 18.31.020-A, the office use shall provide the buffer yard.

B.

Applicability. A buffer yard is required to be provided by new development or where such development is enlarged by twenty percent or more in assessed value or in floor area, where such development abuts a dissimilar zoning district as depicted on Schedule 18.40.020-A. Where the provision of a buffer yard is required pursuant to Schedule 18.40.020-A and the affected adjacent property has been developed with a non-residential use, the director may waive the buffer yard requirement.

C.

Standards. Schedule 18.40.020-A summarizes buffer yard widths and wall requirements for each type of buffer yard. The buffer yard shall consist of the following:

1.

Planting a mix of deciduous and evergreen trees and shrubs of suitable type, size and spacing to achieve screening year-round.

2.

Construction of a wall made of decorative block, concrete panel or other substantially equivalent material between the dissimilar land uses. The director may authorize the use of block post with wood insert fences between "RM" and "RS" Districts and between "LO" and "RS" Districts.

Schedule 18.40.020-A: Buffer Yards

Notes:

1. Wall heights may be increased at the discretion of the director or approving body where needed to address land use impacts.

2. Where a wood fence already exists between land uses, it need not be replaced by a wall if the director determines that the dissimilar land uses are adequately buffered given the circumstances of the site.

3. Where a public use abuts a residential district, the type of public facility will determine which of the above buffer yards is appropriate.

X = Buffer Yard width. See Schedule 18.40.020-A

Section 18.40.020

Buffer Yard

D.

Buffer Site Plan. A buffer site plan shall be submitted to the director with a building permit or any site development permit or use permit application for a project requiring a buffer yard. The buffer site plan shall be prepared in a form prescribed by the director. It shall show the buffer yard location on the project site, proposed plant locations, a plant list and key, location of utility easements, roads, emergency access, walkways, proposed mechanical equipment, proposed trash enclosures, proposed loading areas, and existing and proposed structures on the site.

E.

Alternative Buffer Yards. Alternative buffer yards may be approved by zoning exception (Chapter 18.15) provided this alternative buffer yard meets the intent of this section. Alternative buffer yards may be approved where the site size, shape, topography, easements or existing buildings of the property make the use of the standard buffer impractical.

F.

Replacement of Buffer Yard Vegetation. All installed or existing vegetation shall be properly maintained in a healthy condition. Dying, damaged or removed vegetation shall be replaced within six months with another living plant that complies with the approved buffer site plan.

G.

Uses of Buffer Yards. Buffer yards shall not be used for parking, driveways, trash enclosures, or as a building area, except that surface parking is permitted in industrial buffer yards provided it is set back at least thirty feet from the property line.

H.

Exceptions. Where a proposed use is separated from an existing use by a street or rail right-of-way, flood control channel or stream corridor, no buffer yard is required provided such street or rail right-of-way, stream corridor or major waterway is at least equal in width to the required buffer yard and required screening is achieved. A wall may be required where necessary to address project-specific impacts. Pedestrian and/or vehicular openings in a buffer yard may be appropriate to facilitate access from residential areas to commercial projects.

(Ord. 2343 § 2 (part), 2005)

(Ord. No. 2570, § 3, 4-4-2017; Ord. No. 2590, § 9, 8-21-2018)

Maximum projections into required yard setbacks shall be permitted as follows:

A.

Fireplaces or Chimneys. Eighteen inches;

B.

Architectural Features of a Building, Such as Cornices, Eaves, and Cantilevered Canopies and Awnings. Two feet;

C.

Uncovered Decks and Raised Patios. Uncovered decks and raised patios under eighteen inches in height may not be located any closer than eighteen inches to any side or rear property line and may project up to five feet into a front yard setback. Uncovered decks and raised patios eighteen inches and over in height are subject to the setback requirements of accessory structures, Section 18.43.020 of this title;

D.

Second Stories. Approved living area over a garage may project up to two feet into the required front yard setback;

E.

Bay Windows. Two and one-half feet except in a five-foot-wide side yard where a two-foot projection is allowed;

F.

Mechanical Equipment. Three feet into a side yard. Pool equipment is also subject to the setback requirements of Section 18.40.160(C) of this chapter;

G.

Ramps and Similar Structures for Disabled Persons' Accommodation. Up to the entire setback where it is the only feasible location as determined by the development services director and when it provides a reasonable accommodation consistent with the Americans with Disabilities Act.

(Ord. 2343 § 2 (part), 2005)

A.

Purpose and Intent. The purpose of this section is to recognize any special development conditions, limitations or environmental mitigation requirements established by a tentative map approval process pursuant to Title 17 of this code that are necessary and applicable to the construction of private improvements on some or all parcels following the recordation of a final map or parcel map, so that such requirements will be of record and binding.

It is the intent of this section that conditions of approval for a subdivision be recognized as enforceable, when it is found necessary by the approval body to apply special development standards to subsequent development resulting from the subdivision.

B.

Applicability. This section shall apply to all lots of record created by either a parcel map or final map, where certain conditions of approval were determined necessary and adopted which control subsequent development on parcels created by the map. This section alone shall not be construed as limiting the type of primary land uses allowed by the base zoning district.

C.

Effect of Map Conditions. Conditions of approval established for a tentative map shall apply on an ongoing basis under the following circumstances:

1.

Special development needs, conditions or environmental mitigation requirements were identified during the tentative map approval process that must apply to development within the subdivision after lots are formally created. Such requirements may include, but are not limited to:

a.

Structure setbacks from open-space easements;

b.

Requiring the use of nonflammable building materials, residential sprinkler systems or other public-safety measures;

c.

Maintenance responsibility of landscape or open-space/fire-break management easements on the property;

d.

Limitations on lot grading activities;

e.

Location of driveways, main buildings and accessory structures;

f.

The preservation of significant trees or other natural features.

2.

A statement of special conditions has been established as a matter of record on the property title as provided in subsection D of this section.

D.

Recordation of Conditions. It is appropriate and necessary to inform purchasers of property of the existence of any special subdivision conditions as specified in this chapter, which are applicable to the development and maintenance of the property. For this reason, such conditions shall be recorded so that they will appear in the title of the affected properties by either: (1) a statement of conditions placed on the parcel map or final map as permitted by the Subdivision Map Act and/or (2) the recording of a statement of conditions as a separate instrument. The method and content of the notice used shall be that determined appropriate by the director in order to fulfill the intent of the section.

E.

Modification of Conditions.

1.

A recorded statement of conditions may be modified or removed from some or all of the affected properties only upon an application to and approval by the planning commission, with appropriate environmental clearance. A public hearing shall be held by the planning commission when considering the request as specified in Chapter 18.11 (Common Procedures) of this title. All property owners within the affected subdivision shall be notified of the public hearing.

2.

An approval to modify a statement of conditions must include findings that the proposal: (1) is consistent with the general plan; (2) will not result in adverse environmental conditions; (3) will not compromise the public health, safety or welfare; and (4) is consistent with the overall design and function of the subdivision.

3.

If approved by the planning commission, modification to statement of conditions shall be recorded, as determined appropriate by the director, to document in the property title any approved changes to special conditions as were previously established.

4.

Decisions by the planning commission may be appealed to the city council in accordance with the requirements of Chapter 18.11 (Common Procedures) of this title.

(Ord. 2343 § 2 (part), 2005)

A.

Purpose. The design criteria are intended to be used as a reference to assist project designers in understanding and responding to the city's goals and objectives for high-quality residential, commercial and industrial development. The criteria shall complement the development regulations contained in this code by providing good examples of potential design solutions and by providing appropriate design interpretations.

B.

Applicability. These criteria are advisory for permitted uses, but should be used as a guide in conjunction with uses subject to a site development permit, use permit, small-lot subdivision or planned development proposal to encourage a high level of design quality, while at the same time providing the flexibility necessary to encourage creativity on the part of project designers.

C.

Criteria Formulation and Adoption. The director shall develop design criteria for consideration by the planning commission and adoption by resolution of the city council. The design criteria are advisory for permitted uses. For development requiring a discretionary approval, effective implementation of the design criteria shall also be considered as a basis for making the required findings for approval provided, however, that applicants may submit alternative design solutions that are different than contained in the criteria but result in superior solutions that also are consistent with the general plan. The criteria shall address:

1.

Small-lot single-family development and multiple-family development, including such items as transitions from other uses, building massing and location, interior and exterior nonvehicle connections, recreation/common facility location and design and preservation of natural amenities;

2.

Office, commercial and industrial development, including site design, parking layout/location, building location, building massing, appropriate use of signage, use of architectural features, landscape features and public areas.

(Ord. 2343 § 2 (part), 2005)

A legally created lot having a width or area less than required for the base district in which it is located may be occupied by a permitted or conditional use. No substandard lot shall be further reduced in area or width, and a substandard lot shall be subject to the same yard and density requirements as a standard lot.

(Ord. 2343 § 2 (part), 2005)

The regulations applicable to each district shall be applied to the area within that district and no use other than parking serving a principal use on the site shall be located in a district in which it is not a permitted or conditional use. Pedestrian or vehicular access from a street to a use shall not traverse a portion of the site in a district in which the use is not a permitted or conditional use.

(Ord. 2343 § 2 (part), 2005)

Towers, spires, cupolas, chimneys, elevator penthouses, water tanks, monuments, theater scenery lofts, and similar structures and necessary mechanical appurtenances, covering not more than twenty percent of the top floor roof area to which they are accessory, may exceed the maximum permitted height by ten feet with no discretionary review. Approval of a zoning exception is required to exceed the maximum permitted height by more than ten feet for these types of structures.

(Ord. 2343 § 2 (part), 2005)

Exterior lighting of commercial, office and industrial developments is regulated to eliminate light spillover and glare on motor vehicle operators, pedestrians and land uses within the light source's proximity. Safety considerations are the basis of the regulations, especially with respect to motor vehicles. In other cases, the regulations protect against both nuisance and hazard aspects of glare or excess light.

A.

Plans Required. For all new construction of commercial, office and industrial developments, a plan detailing locations, size, height, orientation and design of all outdoor lighting shall be submitted. A detail drawing, showing type of fixtures and level of wattage, shall also be provided.

B.

Lighting Standards.

1.

All exterior lights shall be designed, located, installed, directed and shielded in such a manner as to prevent objectionable light at, and glare across, the property lines. Exterior lighting shall be directed downward and away from adjacent properties and the public right-of-way. Shielded shall mean that the light rays are directed onto the site, and the light source—whether bulb or tube—is not visible from an adjacent property or rights-of-way.

2.

All parking area lighting, including building- and pole-mounted, shall be fully shielded so as to prevent light spillover at property lines.

3.

All building lighting, other than architectural lighting, shall be fully shielded, not allowing any upward distribution of light. Floodlighting is discouraged and, if used, must be shielded to prevent: (1) light trespass beyond the property line and (2) light above a ninety-degree, horizontal plane.

(Ord. 2343 § 2 (part), 2005)

Except in industrial districts, where a loading space, dock, or door is visible from a public street or residential district, it shall be screened with an eight-foot-high, solid-masonry wall, or an equivalent screen device or technique, unless a zoning exception is granted in accordance with Chapter 18.15, Zoning Exception. For applications requiring a site development permit or use permit, the screening requirement may be modified by the approving authority based on the circumstances peculiar to the site.

(Ord. No. 2428, § 6, 1-20-2009)

A.

Purpose. The purpose of this chapter is to:

1.

Control unnecessary, excessive and annoying noise;

2.

Protect the public health, safety and welfare;

3.

Declare that creating, maintaining or causing noise in excess of the limits prescribed by this chapter is a public nuisance and shall be punishable as such.

B.

General Noise Regulations. Notwithstanding any other provision of this chapter and in addition thereto, it is unlawful for any person to willfully or negligently make or continue or cause to be made or continued, any loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood or which causes any discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. Noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way shall be exempt from the operation of this section.

C.

Factors of Determination. The factors which will be considered in determining whether a violation of the provisions of this chapter exists shall include, but not be limited to, the following:

1.

The sound level of the alleged objectionable noise;

2.

The sound level of the ambient noise;

3.

The nature and zoning of the area within which the noise emanates;

4.

The time of day or night the noise occurs;

5.

Whether the noise is continuous, recurrent or intermittent.

D.

Noise Measurement. Noise shall be measured utilizing the hourly energy-equivalent noise level (L _eq ).

E.

Noise Limits. The provisions of this section address noise intrusions over and above the noise normally associated with a given location (intrusions over the ambient level). The ambient noise varies throughout the community, depending upon proximity to streets and the type of area land uses.

The maximum sound levels shall be determined as follows:

1.

Exterior Noise Limits.

a.

The noise standards for the various categories of land use as set forth in Schedule 18.40.100-A, unless otherwise specifically indicated, shall apply to all such property within a designated zone. No person shall operate or cause to be operated, any source of sound at any location within the incorporated city or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person which causes the noise level when measured on any other property, either incorporated or unincorporated, to exceed the noise standard for that land use specified in Schedule 18.40.100-A.

b.

If the measured ambient level is above that permissible, the allowable noise exposure standard shall be increased to reflect the actual ambient noise level.

Schedule 18.40.100-A describes the noise standard for emanations from any source as measured on adjacent properties:

Schedule 18.40.100-A: Exterior Noise Standards

¹  Industrial noise shall be measured at the property line of any nonindustrial district.

F.

Prohibited Acts. The following acts are hereby prohibited:

1.

Loading and Unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials or similar objects between the hours of ten p.m. and seven a.m. in such a manner as to cause a noise disturbance across a residential real property line;

2.

Construction or Demolition.

a.

Operation of any tools or equipment used in construction, drilling, repair, alteration or demolition work in or within five hundred feet of a residential district such that the sound creates a noise disturbance across a property line during the following times:

i.

May 15 through September 15: Between the weekday hours of seven p.m. and six a.m. and weekends and holidays between eight p.m. and nine a.m.

ii.

September 16 through May 14: Between the weekday hours of seven p.m. and seven a.m. and weekends and holidays between eight p.m. and nine a.m.

3.

Domestic Power Tools and Equipment. Operation or permitting the operation, of any mechanically powered saw, lawn or garden tool or similar outdoor tool between ten p.m. and seven a.m. on weekdays (or nine p.m. and eight a.m. on weekends and legal holidays) so as to create a noise disturbance across a residential or commercial real property line.

G.

Emergency Exemptions. The provisions of this chapter shall not apply to:

1.

The emission of sound for the purpose of alerting persons to the existence of an emergency;

2.

The emission of sound in the performance of emergency work.

H.

Miscellaneous Exemptions.

1.

Warning Devices. Warning devices necessary for the protection of the public safety, such as police, fire and ambulance sirens, shall be exempted from the provisions of this chapter.

2.

Outdoor Activities. The provisions of this chapter shall not apply to occasional outdoor gatherings, public dances, shows, and sporting and entertainment events provided that such events are conducted pursuant to a permit or license issued by the city relative to the staging of such events.

3.

Churches and Other Similar Organizations. Any churches or other similar organization which use unamplified bells, chimes or other similar devices are exempt from the provisions of this chapter so long as the church or other similar organizations play such between the time period of seven a.m. and ten p.m. and the playing period does not exceed thirty minutes in any one hour.

4.

Municipal Solid Waste Collection. Collection of solid waste, vegetative waste and recyclable materials by the city of Redding shall be exempt from the provisions of this chapter.

5.

Public Works Construction Projects. Street, utility and similar construction projects undertaken by or under contract to the city of Redding, county of Shasta or state of California or a public utility regulated by the California Public Utilities Commission.

6.

Public Utility Facilities. Facilities including, but not limited to, sixty-cycle electric power transformers and related equipment, sewer lift stations, municipal wells and pumping stations.

I.

Federal and State Preempted Activities. Any other activity shall be exempt from the provisions of this chapter to the extent regulation thereof has been preempted by state or federal laws.

(Ord. 2343 § 2 (part), 2005)

The following performance standards shall apply to all use classifications in all zoning districts:

A.

Noise. No use shall create noise levels which exceed the standards of Section 18.40.100 of this chapter.

1.

Director May Require Acoustic Study. For new uses that, in the opinion of the director, may not meet the standards of the noise element, the director may require that an acoustical analysis be prepared. The analysis shall, at a minimum, conform to the following standards:

a.

Analysis shall be prepared by a qualified person experienced in the fields of environmental noise assessment and architectural acoustics.

b.

Noise levels shall be documented with sufficient sampling periods and locations to adequately describe local noise conditions and noise sources.

c.

Existing and projected noise levels shall be estimated in terms of L _eq and L _dn or CNEL. Levels shall be compared to the existing ambient noise levels.

d.

Mitigation shall be recommended, giving preference to site planning and design rather than noise barriers, where feasible.

e.

Noise exposure after the prescribed mitigation measures have been implemented shall be estimated.

2.

Noise Attenuation Measures. The approving authority may require the incorporation into a project of any noise-attenuation measures deemed necessary to ensure that noise standards are not exceeded, including, but not limited to, noise walls exceeding maximum height limits and minimum setbacks of the zoning district.

B.

Vibration. No use, activity or process shall produce vibrations that are perceptible without instruments at one or more property lines of a site.

C.

Odors. No use, process or activity shall produce objectionable odors detectable by a reasonable person that are perceptible without instruments at the property lines of an "R" district.

D.

Hazardous and Extremely Hazardous Materials. The use, handling, storage and transportation of hazardous and extremely hazardous materials shall comply with the provisions of the California Hazardous Materials Regulations, the California Fire and Building Codes, and any other applicable laws.

E.

Heat and Humidity. Uses, activities and processes shall not produce any emissions of heat or humidity at the property line that cause material distress, discomfort or injury to a reasonable person.

F.

Electromagnetic Interference. Uses, activities and processes shall not cause electromagnetic interference with normal radio, television or telephone reception in "R" districts or with the function of other electronic equipment beyond the property line of the site on which they are situated.

(Ord. 2343 § 2 (part), 2005)

A.

Purpose.

1.

To establish design and locational criteria for the construction of trash- and recycling-container enclosures in conjunction with multiple-family residential, commercial and industrial developments. The director is authorized to require that a trash container enclosure meeting the standards of this section be constructed as a condition of obtaining a site development permit, use permit or building permit on any site that does not have the required enclosure.

2.

To ensure that enclosures are functional, serviceable, durable, unobtrusive and architecturally compatible with the adjacent buildings.

3.

To ensure adequate areas for the storage of recyclable materials as required by the California Solid Waste Reuse and Recycling Act of 1991.

B.

Applicability.

1.

Trash-Container Enclosures. Required for new dwelling groups consisting of four or more dwelling units.

Trash- and recycling-container enclosures. Required for all new multiple-family developments consisting of four or more dwelling units and for all office, commercial and industrial developments. Alterations (including cumulative alterations) resulting in a cumulative increase in floor area of twenty percent or more require installation of a recyclable-materials enclosure.

2.

Trash and recycling enclosures may be functionally combined into a single unit or may be established at separate locations on a parcel subject to the design criteria established by this chapter and the approval of the director.

3.

The director is authorized to require that a trash-container enclosure meeting the standards of this code be constructed as a condition of obtaining a building permit on any site that does not have such an enclosure.

Schedule 18.40.120-A:

Applicability of Recycling and
Solid Waste Disposal Regulations

Note:

¹  For residential development in "C" districts, applies only to five or more multiple-family dwellings.

C.

Location and Orientation. All enclosures shall comply with the California Fire Code and shall meet the following requirements unless it is demonstrated that they are infeasible as determined by the director. A building permit shall not be issued for a project until documentation of approval of the location is provided by the director.

1.

No enclosures shall be located within any required front yard or street side yard setback areas unless it is satisfactorily demonstrated to the director that due to originality of design, architectural treatments and lack of visibility of loading areas, the location meets the intent of this section.

2.

Trash enclosures shall be located so that front-load equipment having a seventeen and one-half-foot wheel base and an outside turning radius of forty-five feet has sufficient maneuvering area and, if feasible, so that the collection equipment can avoid backing. The enclosure pad with an apron area ten feet in width and twelve feet in length shall not have a slope, including cross slope, exceeding two percent. The pad shall not be elevated above the apron.

3.

The enclosure openings shall be oriented so that front-load disposal equipment can head in directly to the enclosure opening to access the container without removing it from the enclosure.

4.

Trash enclosures shall be located so that front-load equipment can enter and exit the property using through driveways, thus avoiding backing maneuvers. If through driveways are not practical, sufficient maneuvering area shall be provided to allow collection equipment to turn around. Enclosures shall not be placed in areas where collection equipment will have to back into the street to exit the property. The solid waste division may approve alternate locations where considered appropriate based on site constraints, such as site size and layout, and taking into consideration the average number of vehicle trips on abutting streets.

5.

Recycling enclosures shall be located within ten feet of a driveway aisle or parking area. A four-foot-wide concrete walkway shall be provided between the enclosure entrance and the driveway or parking area. The slope of the walkway shall not exceed five percent.

6.

All enclosure types shall be consolidated to minimize the number of collection sites and located so as to reasonably equalize the distance from the building spaces they serve.

7.

The area in front of all enclosure types shall be kept clear of obstructions; shall not be utilized for parking; and shall be painted, striped and marked "No Parking."

D.

Materials, Construction and Design. The various components of trash- and recycling-container enclosures shall be constructed and thereafter maintained as follows:

1.

Minimum Size. The size of trash and/or recycling-container enclosures shall be determined by the solid waste division and will be based on the container sizes required;

RECYCLING AND TRASH CONTAINER ENCLOSURES

2.

Minimum Height. Six feet for trash enclosures; five feet for recycling enclosures;

3.

Enclosure Material. Solid masonry or concrete tilt-up with decorated exterior-surface finish compatible to the main structure(s). If the enclosure is not visible from a public walkway, street or residential area, the enclosure may be constructed of chain-link fencing with wood or plastic inserts;

4.

Gate Material. Decorative, solid, heavy-gauge metal or of a heavy-gauge metal frame with a covering of a view-obscuring material. If not visible from a public street or residential area, the enclosure gates may be constructed of chain link with wood or plastic inserts;

5.

Gate Construction. Gates shall be hung so that they do not decrease the minimum width requirement for the enclosure opening (see diagram below). Gates are to be secured in the closed position by steel cane bolts. Holes are to be drilled in the adjacent asphalt for the cane bolts to hold the enclosure gates in the wide open position during collection;

6.

Enclosure Pad. Four-inch-thick-minimum concrete pad;

7.

Bumpers. Bumpers measuring at least two inches high by six inches wide shall be affixed on the floor of the interior at the base of the trash enclosure walls for the protection of the enclosure walls. The bumpers should be made of concrete, steel or other suitable material and shall be anchored to the concrete pad;

8.

Protection for Enclosures. Concrete curbs or equivalent shall protect enclosures from adjacent vehicle parking and travelways;

9.

Travelways and Area in Front of Enclosure. An adequate base to support a truck weight of sixty-two thousand pounds;

10.

Signs. A sign clearly identifying the recycling collection area(s) and the materials accepted shall be posted adjacent to the recycling-container enclosure. The sign shall be a minimum of seventeen inches high by twenty-two inches long. Lettering shall consist of not less than one-inch letters;

11.

Trees. Trees shall not be planted that will canopy over or overhang a trash enclosure.

E.

Combined Trash- and Recycling-Container Enclosures. These enclosures shall utilize separate compartments, although the entrances may be served by a common gate. The enclosure shall be designed such that the recycling bins can be serviced without removal of the trash container. The requirements of subsection D (Materials, construction and design) of this section shall apply.

(Ord. 2381 § 9 (part), 2007: Ord. 2343 § 2 (part), 2005)

Ground- and roof-mounted mechanical and utility equipment shall be screened from view from public streets, public gathering areas, and from residential districts as required below. Such equipment includes, but is not limited to, heating and air conditioning equipment, refrigeration equipment, utility equipment (i.e., transformers, cross-connection control devices, exhaust fans and vents, and similar equipment). The location and screening techniques proposed for this equipment shall be depicted on building/site plans submitted to the city for approval of a building permit, site development permit, or use permit. The location and method of screening must be approved by the director prior to issuance of these permits. This section shall not be construed as prohibiting roof-mounted equipment installed prior to the adoption of this code from being repaired or replaced.

A.

Residential Uses. Roof-mounted heating and air-conditioning equipment is prohibited unless a zoning exception is granted pursuant to Section 18.15.030(S).

Ground-mounted equipment shall be screened from public view.

B.

Commercial Uses.

1.

Ground-mounted HVAC units and utility equipment such as electric and gas meters, panels, junction boxes and similar equipment shall be screened from view of public streets, parks, plazas, etc., using architecturally compatible walls and/or thick landscape.

2.

Utility transformers, cross-connection control devices and similar equipment shall be carefully located to minimize to the extent possible their view from public streets, parks and plazas. In commercial developments, these devices should, wherever feasible, be located within service alleys or other locations that are not immediately adjacent to streets, driveways, parking lots or public gathering areas. Where visible from these areas, the equipment shall be oriented so that it can be screened with berms, walls, landscape or a combination thereof, while maintaining access to service doors and equipment as required by the affected utility.

3.

Roof-mounted mechanical equipment shall be hidden with building elements that are designed for that purpose as an integral part of the building design.

4.

Wall-mounted mechanical equipment that protrudes more than twelve inches from the outer building wall shall be screened from view by structural features that are compatible with the architecture and materials of the building. Wall-mounted equipment that protrudes less than twelve inches from the outer building wall shall be designed to blend with the color, design and materials of the building.

C.

Industrial Uses.

1.

Ground-mounted HVAC units and utility equipment shall be screened from view from public streets and residential districts.

2.

Recognizing the unique nature of industrial operations, alternative screen measures for roof- and wall-mounted equipment may be proposed for buildings exceeding ten thousand square feet. Those methods may include, but shall not be limited to, increased setbacks, increased landscape, grouping of the equipment on specific portions of the building, painting or otherwise camouflaging the equipment.

(Ord. 2403 § 8 (part), 2008; Ord. 2343 § 2 (part), 2005)

Intersections. Visibility at street intersections shall not be blocked above a height of three feet by vegetation or structures, including, but not limited to, fences and walls. This restriction shall apply to all land within a triangular area bounded by the curb line and a diagonal line joining points on the curb lines thirty feet back from the point of their intersection. In the case of a rounded corner, the triangular area is measured between the tangents to the curve of the curb line and a diagonal line joining points on the tangents thirty feet back from the point of their intersection. The tangents referred to are those at the beginning and at the end of the curve of the line at the corner.

(Ord. 2343 § 2 (part), 2005)

The sky plane establishes maximum building heights for office, commercial, industrial districts or "RM" (multiple-family) district where they abut an "RL," "RE" or "RS" (residential) district. The sky plane is represented by a line drawn at forty-five degrees, originating at the common property line at ground level, extending for a horizontal distance of forty-five feet. The director shall apply sky plane requirements within a residential district if determined necessary to protect adjacent residences from the impacts of nonresidential or institutional uses, such as a religious facility, residential care facility or similar use.

Section 18.40.150
Sky Plane Adjacent to R Districts

(Ord. 2343 § 2 (part), 2005)

A.

Purpose. The purpose of this section is to establish property-line setback requirements for swimming pools.

B.

Applicability. The provisions of this section apply to the minimum property-line setback requirements for all outdoor swimming pools.

C.

Construction Locations.

1.

Outdoor Swimming Pools in any "RL" "RE" or "RS" District.

a.

Swimming pools shall not be constructed within twenty feet of a front property line; within fifteen feet of the street-side property line of a corner lot; within five feet on an interior side-yard property line; within five feet of a rear property line. All setbacks shall be measured from the inside face of the pool wall. See Section 18.40.030 for setbacks for associated pool decking. Exception: Street-side setback may be reduced to ten feet on lots created and developed prior to October 1, 2002, provided that the pool is constructed behind an existing fence that was constructed in accordance with the setback requirements in effect at the time the fence was constructed.

b.

Aboveground/on-ground pools shall be located on the rear half of the lot and not closer than five feet to any side or rear property line. Any associated decking/ladders over six inches above grade shall not be located within five feet of a property line.

c.

No portion of an in-ground pool shall encroach into the area created by an imaginary line traversing at a forty-five degree angle away from the bottom of the foundation of any residential or accessory structure unless a supporting engineered wall is constructed in conjunction with the pool.

d.

Swimming pools, pool decking, and mechanical or utility appurtenances for the pool cannot encroach into any open-space easement. Such structures may encroach into a public-utility easement upon first obtaining approval from the city engineer. If approval is granted, an encroachment permit is required to be issued in conjunction with the swimming pool permit.

2.

Outdoor Swimming Pools in any "RM" "GC" or "HC" District.

a.

Pools intended for multiple-family or business uses shall not be located closer than fifteen feet to any public right-of-way.

3.

Indoor Swimming Pools in All Zoning Districts.

a.

Indoor swimming pools shall be considered as part of the structure and shall meet all applicable setback requirements appurtenant to the structure in which the pool is enclosed.

(Ord. 2381 § 9 (part), 2007; Ord. 2343 § 2 (part), 2005)

(Ord. No. 2658, § 3, 4-4-2023)

All electrical, telephone, cable television and similar distribution lines providing direct service to a development site shall be installed underground within the site. The director may waive this requirement upon a determination that the installation is infeasible.

(Ord. 2343 § 2 (part), 2005)

A.

Residential Districts.

1.

Height. Fences or walls in required front-yard setbacks or within ten feet of the property line in a required street-side setback shall not exceed three feet. All other fences shall not exceed six feet in height, except for along any interior side- or rear-yard not fronting on a public right-of-way, in which case the fence shall not exceed seven feet in height with any attachments to the fence designed to be of similar/compatible architecture and materials as the fence to which it is attached. However, legal, nonconforming fences may be repaired or replaced. Fence or wall heights between sloped or terraced lots are measured from the grade of the "uphill" side of the fence as shown. Walls and fences required by a site development permit, parcel map, or subdivision may exceed the maximum height limits and minimum setbacks of the zoning district as required by the conditions of approval for the project.

2.

Design. In all "RM" Districts, fencing shall be treated as an integral part of the architecture, with materials, colors, and detailing drawn from the building they surround or adjoin. Fences or walls adjacent to freeways, highways, or arterial or collector streets that are required as a condition of development by the city shall be constructed of decorative masonry, concrete-block, concrete-panel, or similar materials. Solid masonry fences or walls shall not be placed within areas of designated one-hundred-year floodplain without proper openings to pass floodwaters in accordance with the requirements of the Federal Emergency Management Agency. Barbed wire, razor wire, and electric fencing is prohibited in all residential districts unless the director determines that said fencing is necessary for security, animal containment, or other legitimate purpose and would not be detrimental to the neighborhood in which the property is located.

B.

Nonresidential Districts.

1.

Location. Fences or walls shall not be constructed within a street front or side setback area unless a site development permit is approved by the director.

2.

Height. Fences or walls shall not exceed six feet in height unless the director determines that additional height is necessary for screening or security purposes or due to the topography of the site. In all other circumstances, a site development permit shall be obtained to exceed a height of six feet. Walls and fences required by the city as a condition of approval for development may exceed the maximum height limits and minimum setbacks of the zoning district as required by the conditions of approval for the project.

3.

Monitored Electrified Security Fence Systems. "Monitored perimeter security fence system" means a perimeter alarm system with an assembly of battery-powered equipment, including but not limited to: a monitored alarm device and energizer which is intended to periodically deliver pulses to a security fence, a battery charging device used exclusively to charge the system's battery, and other integrated components. The design, construction, and use of monitored perimeter security fence systems shall be allowed, subject to the following:

a.

IEC Standard No. 60335-2-76. Unless otherwise specified herein, monitored perimeter security fence systems shall be constructed and operated in conformance with the specifications set forth in International Electrotechnical Commission (IEC) Standard No. 60335-2-76, current edition.

b.

Power Source. The energizer for monitored perimeter security fence systems must be driven by a commercial storage battery not to exceed twelve volts DC. The storage battery is charged primarily by a solar panel. The solar panel may be augmented by a commercial trickle charger.

c.

Perimeter Barrier. Monitored perimeter security fence systems shall be installed behind a nonelectrified fence or wall that complies with Section 18.40.180(B).

d.

Emergency Gate Access/System Shutoff. Before a monitored perimeter security fence system is activated, a Knox device shall be approved by the fire department. The Knox device will be installed at the main entry gate and fully functional at all times when the monitored perimeter security fence system is operational.

e.

Setback. The perimeter security fence shall be set back six inches to twelve inches from the nonelectrified fence or wall in order to prevent inadvertent access to the battery-charged fence.

f.

Design/Height. The monitored perimeter security fence shall be visually transparent and comprised of twenty twelve and one-half gauge galvanized steel wires which are run horizontally to the height of ten feet, or two feet higher than the perimeter barrier fence, whichever is greater.

g.

Warning Signs. Monitored perimeter security fence systems shall be clearly identified with bilingual warning signs that read: "Warning—Electric Fence" at intervals of not less than thirty feet.

h.

Location. Monitored perimeter security fence systems shall only be permitted on commercial and industrial zoned properties.

i.

Police Department Permit Requirements. All monitored perimeter security fence systems shall be permitted in accordance with Chapter 9.38 (Burglary and Robbery Alarm System).

j.

It shall be unlawful for any person to install, maintain or operate a monitored perimeter security fence system in violation of this chapter or Chapter 9.38 (Burglary and Robbery Alarm System).

k.

The monitored perimeter security fence system shall transmit a signal to an alarm monitoring business in response to an intrusion or burglary. The system shall not directly connect to or call law enforcement. The business must first verify the alarm event prior to requesting deployment of law enforcement.

4.

Design and Materials. Fencing visible from a street shall be treated as an integral part of the architecture, with materials, colors, and detailing drawn from the building they surround or adjoin. Barbed wire shall not be erected and maintained within twenty-five feet of any public right-of-way. The use of razor wire or similar materials must be set back a minimum of fifty feet from a right-of-way. Barbed, razor, and similar wires may extend eighteen inches above the height limits established by this section. Solid masonry fences or wall shall not be placed within an area of one-hundred-year floodplain without proper openings to pass floodwaters in accordance with the requirements of the Federal Emergency Management Agency. The director may approve modifications to the above provisions through issuance of a site development permit.

(Ord. 2403 § 8 (part), 2008; Ord. 2381 § 9 (part), 2007: Ord. 2343 § 2 (part), 2005)

(Ord. No. 2503, § 5, 2-4-2014; Ord. No. 2515, § 3, 12-2-2014; Ord. No. 2570, § 4, 4-4-2017; Ord. No. 2658, § 4, 4-4-2023)

A.

Purpose and Intent. The purpose of this section is to:

1.

Reduce the risk of contamination of groundwater by managing the development, land use and commercial/industrial activities within identified groundwater protection zones;

2.

Preserve the quality of Redding's environment;

3.

Promote the economic health of the city through balancing protection of groundwater with promotion of business and community interests;

4.

Protect the public health, safety and general welfare.

B.

Applicability. This chapter applies to projects identified as possible contaminating activities located in identified source-water protection zones. These protection zones are depicted on the city of Redding Well Water Assessment Map. Both existing and planned well sites are regulated, including existing and planned wells of the city of Redding, Bella Vista Water District and any other municipal water provider within the city of Redding.

C.

Wellhead Protection Zone Established. The city shall review proposed projects identified as possible contaminating activities to municipal well water that are located within the protection zone depicted on the city of Redding Well Water Assessment Map. Wellhead protection zones are based on the rate of movement of groundwater in the vicinity of wells with an allowance for dispersion of a pollutant entering into and moving with the groundwater. This is known as "time of travel" (TOT). For purposes of this code, the applicable protection zone is the ten-year time of travel zone (TOT 10) as depicted on the Well Water Assessment Map.

D.

Site Development Permit Required. A site development permit is required for any of the following or similar possible contaminating activities that are proposed within TOT 10. All agencies having regulating authority over the substances utilized by the activity shall be notified of the permit application and invited to submit recommendations on the developments or uses that address groundwater protection and ongoing monitoring requirements.

COMMERCIAL

Service stations

Auto repair and service

Laundries and dry cleaning plants

Repair services

INDUSTRIAL

Batch plants

Fuel and ice dealers

Primary metal products

Metal plating, polishing, etching, engraving, anodizing or similar processes

Production and/or bulk storage of pesticides, herbicides, solvents and similar chemicals

Recycling and scrap facilities

Wholesale/Storage

Storage yards

Vehicle and freight terminals

PUBLIC

Airfields, landing strips and heliports

Collection stations

Power-generating facilities

Public utility centers

OTHER

Other uses which, in the opinion of the director, have the potential to impact groundwater resources by virtue of materials or processes applicable to the development or use.

E.

Prohibition of Underground Storage Tanks. For purposes of this chapter, all underground storage tanks for substances other than water, private septic systems and similar materials are prohibited within the ten-year time of travel zone (TOT 10). Aboveground tanks are permissible, provided that they are screened from public view by a solid wall. The locations and screening of aboveground tanks shall be established by the site development permit.

F.

Nonconforming Uses. An existing use made nonconforming by application of these wellhead-protection requirements shall be treated as nonconforming only with respect to underground storage tanks.

(Ord. 2343 § 2 (part), 2005)

The specific purposes of the off-street parking and loading regulations are to:

A.

Ensure that parking uses are provided for new land uses and major alterations to existing uses to meet the parking needs created by such uses;

B.

Establish standards and regulations for the developer, owner, or operator of any specific use occurring outdoors or within an existing, newly constructed, or relocated building to provide well-designed, off-street parking areas;

C.

Ensure that off-street parking and loading areas are designed and located to protect the public safety; minimize congestion and conflict points on travel aisles and public streets; and where appropriate, buffer surrounding land uses from their impact.

(Ord. 2343 § 2 (part), 2005)

A.

Generally. Parking shall be provided for each new development or building, enlargements to existing developments or buildings, or changes in use consistent with the provisions of this chapter. All parking facilities, required or not, shall meet all the standards of this chapter.

B.

Additions/Enlargements/Intensification of Use. New parking shall be provided for additions/enlargements to an existing development or building in accordance with the following requirements. The requirements of this chapter shall apply whether the addition/enlargement or intensification occur individually or cumulatively over time.

1.

If a building addition/enlargement or intensification of use necessitates an increase in the amount of physical parking spaces already existing on the site of less than fifteen percent in order to achieve the total number of parking spaces required by Section 18.41.040 of this chapter, then only those additional spaces must meet the dimensional, landscape and all other requirements of the chapter.

2.

If a building addition/enlargement or intensification of use necessitates an increase in the amount of physical parking spaces already existing on the site by an amount greater than fifteen percent, those additional spaces must meet the dimensional, landscape, and all other requirements of this chapter and the existing parking area shall be modified, if necessary, to provide at least sixty square feet of landscape for each existing parking space. The existing parking-stall and aisle configurations need not be modified to meet the requirements of this section. Where determined feasible by the director, at least fifty percent of the increased landscape shall be installed within sixty feet of the adjacent public street right-of-way. To facilitate this landscape, the director may authorize up to a ten percent reduction in the total number of spaces required for the development provided that the reduction does not exceed the minimum necessary to install the additional landscape. The director also may authorize a schedule for completion of the work, not to exceed a maximum time of three years.

C.

Changes in Use. If the cost of remodeling a building with a floor area greater than twenty-five thousand square feet to facilitate a change in use exceeds fifty percent of the preimprovement value of such building, based on data provided by the Shasta County assessor, the existing parking area shall be modified, if necessary, to provide at least sixty square feet of landscape for each existing parking space. To facilitate this landscape, the director may authorize up to a ten percent reduction in the total number of spaces and/or space dimensions. This requirement applies regardless of whether the change in use results in an increased parking requirement as determined by this chapter. The director may authorize a schedule for completion of the work, not to exceed a maximum time of three years.

(Ord. 2343 § 2 (part), 2005)

A.

No Reduction in Off-Street Parking Spaces. Off-street parking spaces existing as of the date of adoption of this code and actually being used for parking in connection with the use of an existing building shall not be reduced in number or size during the entire life of such building or land use below that which would be required for a new building or use of a similar type constructed or commenced under the requirements of this code. No property owner shall sublease, subrent or otherwise encumber the off-street parking spaces required by this section.

B.

Fractional Spaces. If the number of off-street parking spaces required by this chapter contains a fraction, such number shall be rounded to the next whole number. For example, if computed requirements equal 9.3 spaces, ten spaces shall be required.

C.

Computation of Required Parking Per Residential Use. Residential parking for multiple-family and condominium developments is based on the number of bedrooms. Any rooms having the potential of being a bedroom and meeting the standard of the Uniform Building Code as a bedroom shall be counted as a bedroom for purposes determining off-street parking requirements.

D.

Uses Not Mentioned. In case of a use for which off-street parking requirements are not specified at all in this chapter, the requirements for the most nearly similar use (as determined by the director) for which off-street parking requirements are specified shall apply.

E.

Mixed Uses. When two or more uses are located on the same lot or parcel of land, the number of off-street parking spaces required shall be the sum total of the requirements of the various individual uses computed separately in accordance with this chapter.

F.

Off-Street Parking Assessment District. Areas within an established off-street parking assessment district may be exempted by resolution of the city council from the off-street parking requirements of this chapter or allowed a modification of those requirements. Such exemption or modifications may be allowed if a finding is made that the off-street parking facilities provided in conjunction with the assessment district will serve the off-street parking needs of the area as well or better.

G.

Joint Parking. Where parties wish to cooperatively establish and operate parking facilities where one use generates parking demands primarily during hours when the remaining use(s) is not in operation or where adjacent uses generate joint/redundant trips, a reduction of up to fifty percent of the required parking may be approved by site development permit by the board of administrative review. Such approvals shall require:

1.

The submission of satisfactory statements by the parties providing such facilities and the parties such facilities are to serve, describing the nature of the uses and times when such uses operate so as to indicate the lack of conflict between such uses;

2.

Such documents or commitments as may be deemed necessary in each particular case to ensure provision and maintenance of the required off-street parking spaces.

H.

Reductions for Unique Parking Demand. Recognizing that some nonresidential uses are unique in their off-street parking demands, upon an appropriate application and an adequate showing, the director, by zoning exception, may reduce the off-street parking requirement up to ten percent of that required. To ensure that additional parking space areas will be available for development if the use were subsequently intensified, parking spaces waived by such procedures may be required to remain either in landscaped area or in unimproved open-space as determined by the director.

I.

Bus Stop/Transportation Facility Credit. With approval of a site development permit, required parking for commercial and multiple-family residential uses with four or more units may be reduced by up to five percent where a bus stop is located within four hundred feet of the use or up to ten percent where a bus transfer facility is located within four hundred feet of the use. Such a reduction may be allowed, provided a written finding is made which indicates that the land use is conducive to the use of public transportation. A bus transfer facility has a minimum of four bus routes converging in a central location, with the facility having passenger amenities, which include benches, trash receptacles, information kiosk and covered waiting areas.

J.

Off-Site, Off-Street Parking. For a nonresidential use, the director may approve a site development permit authorizing up to thirty percent of the required off-street parking to be met at an off-site location provided that such facilities: (1) are located within four hundred feet of the proposed use, (2) are improved to the standards of this chapter applicable at the time the parking lot was constructed, (3) are not already being utilized under the requirements of this code, and (4) do not require pedestrians to cross through an existing or planned four-lane arterial street, unless separated pedestrian access is provided. The director shall require such documents, agreements, commitments, and other evidence as deemed necessary in each particular case before such findings are made.

K.

Temporary Alternative Use of Off-Street Parking. The temporary use of off-street parking spaces for outdoor display/sales of merchandise in conjunction with a lawful business on the premises is allowed provided that:

1.

The temporary use shall not extend longer than four consecutive calendar days at any one time.

2.

The non-parking use or uses shall not consist of more than sixteen days in any one calendar year.

3.

The use does not utilize more than ten percent of the off-street parking spaces required under this code.

4.

The use does not create a traffic hazard.

A site development permit approved by the development services director is required to exceed these standards.

L.

Exception for Downtown Core District, Mixed-Use Projects, and Historical and/or Architecturally Significant Districts.

1.

The off-street parking requirements listed in Section 18.41.040 shall not apply in the Downtown Core District as defined by the Downtown Specific Plan. If a property owner chooses to install parking, the other requirements of this chapter shall apply. However, no more than fifty percent of the parking spaces that would otherwise be required may be installed without first obtaining a site development permit.

2.

For projects in the Parkview Avenue Mixed-Use Corridor or other mixed-use area adopted in conjunction with a neighborhood revitalization plan or similar document, typical on-site parking requirements may be reduced under a Mixed-Use Development Plan approved per Chapter 18.54. Where a reduction in on-site parking is granted, opportunity for on-street and/or off-site parking shall be identified within a reasonable distance to serve the needs of the project, and parking for the residential component, equaling at least one space per unit, must still be provided on-site.

3.

In order to preserve the unique historical and/or architectural character of certain areas of the city, the off-street parking requirements listed in Section 18.41.040 shall not apply in the following circumstances and geographical areas:

a.

The conversion/use of existing structures on the west side of Oregon Street between Shasta Street and Yuba Street, and on the west side of Pine Street between Eureka Way and Trinity Street, to uses allowed by right or by discretionary permit by the base zoning district. Such exclusion shall not apply to enlargements of buildings exceeding twenty percent of the existing floor area in which case off-street parking shall be provided for the entire building in accordance with the requirements of the Downtown Specific Plan.

M.

Parking Space and Aisle Dimension Reductions. Because of circumstances unique to a property, such as size, shape, topography, location of easements, or desirable trees, the director may authorize by zoning exception up to a ten percent reduction in space or aisle-width dimensions or number of on-site parking spaces required 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.

N.

Off-Street Parking for Senior Citizen and Disabled Persons Projects. Off-street parking serving disabled persons' developments or developments serving low- and moderate-income senior citizens may be reduced to one-half parking space per dwelling unit where a site development permit or use permit is issued specifically for a senior citizen or disabled person project.

O.

Recreational Vehicle (RV) Parking for Affordable Housing Projects. The requirements for providing RV parking for multiple-family units may be waived by zoning exception, provided the development is an affordable-housing project as defined by the State Health and Safety Code and provided the area for RV parking is set aside in landscape to be converted to RV parking in the event the use converts to standard multiple-family use.

P.

Other Requirements. The off-street parking requirements set forth in this chapter are nonexclusive and shall not be deemed to repeal, modify, or otherwise affect such off-street parking requirements or regulations as may be set forth in other parts of this code or the general plan, provided and excepting, however, that if the off-street parking requirements of the chapter with respect to any property, building, or use should be different from those applicable to such property, building, or use under or by virtue of any provision or provisions of other parts of this code, then in that event, the more stringent off-street parking requirements shall apply.

(Ord. 2381 § 10 (part), 2007: Ord. 2343 § 2 (part), 2005)

(Ord. No. 2503, § 6, 2-4-2014; Ord. No. 2541, § 4, 2-16-2016; Ord. No. 2585, § 5, 4-3-2018; Ord. No. 2590, § 10, 8-21-2018)

All covered and uncovered off-street parking spaces required by Schedule 18.41.040-A shall be improved and maintained in accordance with the requirements of this chapter.

Unless otherwise approved pursuant to Sections 18.41.030(G) or (J), the required parking spaces shall be located on the same building site as the use or building they are intended to serve. On-street parking within public or private streets or parking in a driveway shall not be used to satisfy the off-street parking requirement except for planned developments and condominiums or as exempted by the provisions of a specific plan, neighborhood plan, or resolution governing a specific area adopted by the city council.

Schedule 18.41.040-A: Parking Spaces Required

OFF-STREET PARKING

A.

Bicycle Parking. Projects must comply with the short-term and long-term bicycle parking requirements, as applicable, of Section 5.106.4 of the California Green Building Standards Code.

B.

Visitor Parking. On-street parking may be counted toward the visitor-parking requirement for planned developments or condominiums provided that the street has an eight foot wide parking lane that is not posted or likely to be posted prohibiting parking and that to qualify as one visitor-parking space, there must be an uninterrupted twenty-two foot long space and a public sidewalk adjacent to the street.

C.

Company Vehicles. Commercial or industrial uses are to provide one parking space for each company vehicle which is parked on the site during normal business hours. Such space may be located within a building.

D.

Motorcycle Parking. Facilities with twenty-five or more spaces may provide motorcycle parking at a rate not exceeding three percent of required spaces. Such spaces shall be counted toward meeting the total number of spaces required for the development by this Chapter. Spaces delineated for motorcycle parking shall have a minimum area of four feet by ten feet and shall be identified as a motorcycle space by signs or pavement delineation.

(Ord. 2381 § 10 (part), 2007; Ord. 2343 § 2 (part), 2005)

(Ord. No. 2443, § 4, 10-26-2009; Ord. No. 2503, § 6, 2-4-2014; Ord. No. 2515, § 4, 12-2-2014; Ord. No. 2572, § 3, 5-2-2017; Ord. No. 2590, § 11, 8-21-2018; Ord. No. 2606, § 11, 6-18-2019; Ord. No. 2658, § 5, 4-4-2023)

Drive-up facilities shall be designed to allow safe, unimpeded movement of vehicles at street access points and within the travel aisles and parking space areas. Drive-through aisles shall be a minimum of eleven feet in width with minimum interior and exterior turning radii of fifteen and thirty feet, respectively, and shall be set back from the street in accordance with Section 18.41.100(B). Drive-through aisles located adjacent to a street shall be screened by a solid masonry/block wall or landscape berm with a finished earth grade a minimum of forty-two inches in height.

In addition to the required off-street parking, drive-up facilities shall provide eighteen-foot-long stacking or vehicle reservoir spaces behind the vehicle being serviced in accordance with Schedule 18.41.050-A. See Section 18.43.080 for additional requirements for drive-up facilities.

Schedule 18.41.050-A: Drive-Up Facilities

Note: A reservoir space is the area a vehicle occupies while waiting to be served at the service window, service island, or bay and is 18 feet in depth by a minimum of 11 feet in width. A reservoir space does not include the space of the vehicle being served.

(Ord. 2403 § 9 (part), 2008: Ord. 2343 § 2 (part), 2005)

A.

Location and Design. Subject to other applicable provisions of this code and other applicable ordinances, the off-street parking spaces required by this chapter may be incorporated within the main building to be served or within an accessory building, or open-space may be provided therefor. All off-street parking spaces must be situated within the same lot or parcel within or upon which the main building or use is situated or conducted. Each off-street parking space shall be of a size and dimension which shall comply with the minimum criteria hereinafter required, shall be of usable shape and condition, and shall be maintained during the life of the building or use for which it is required to be provided.

Proposed off-street parking lot layouts, submitted to satisfy the requirements of this chapter, which deviate in design from the patterns provided below, must demonstrate that adequate provision is afforded for safe ingress and egress; that adequate aisle width and maneuvering area are provided for safe maneuvering of vehicles therein; and that the design provides for safe pedestrian traffic to, from and within the subject parking area.

B.

Areas Not to be Used for Parking or Loading. Neither the off-street parking spaces required by the provisions of this chapter nor the off-street loading spaces so required shall, under any circumstances, be situated within any street side or front setback area required by other provisions of this title for the lot or parcel on which such parking spaces or loading spaces are located. The parking spaces for any office, commercial or industrial use located within fifty feet of a residential district shall be set back commensurate with the front setback or corner side setback of the adjoining residential district.

C.

Ingress and Egress, Maneuvering Area, Protection of Other Property. Each off-street parking space shall be provided with:

1.

A driveway not less than the widths specified in Section 18.41.180 of this chapter which shall provide ingress thereto from a public street or public way and egress therefrom to a public street or public way;

2.

A maneuvering area, such as an aisle or driveway of appropriate dimension or design, which must comply with minimum criteria hereinafter required and which will provide safe and efficient means of entry or exit by automobiles and other motor vehicles thereto and therefrom;

3.

Where five or more parking spaces are required by the provisions of this chapter and such spaces will be used by the general public or business invitees of the owner or lessee of the premises, the following requirements shall also be applied:

a.

Parking stalls shall be delineated by painted, white four-inch lines, or other contrasting paint or other easily distinguishable material, which shall be installed and maintained thereafter to designate each parking space in a clearly identifiable manner,

b.

The off-street parking areas shall provide suitable maneuvering areas so that all vehicles parking therein may exit onto any adjoining street in a forward direction at a right angle (perpendicular) to the public street,

c.

Parking spaces that abut another parcel shall be provided with bumper guards, curbline landscape, or wheel stops not less than four inches in height in such a manner as to prevent encroachment of vehicles over property lines or damage to walls or fences.

D.

Compact Parking Spaces. For parking facilities with greater than twenty spaces, up to ten percent of the stalls in a required off-street parking area for multiple-family, commercial, industrial or public-assembly uses may be designed and designated as compact spaces.

(Ord. 2343 § 2 (part), 2005)

A.

Covered Spaces. Each required, covered, off-street parking space shall include a minimum of ten feet in width and twenty feet in depth of unobstructed area provided for parking purposes. The required minimum measurements may not include the exterior walls or supports of the structure, nor shall it include areas used for washers, water heaters or dryers, or stairways or steps provided that one six-inch rise may be provided as a front-wheel stop for a car entering a stall in a forward direction. A covered, off-street parking space shall have an unobstructed back-up area of not less than twenty-five feet in length. Where there is landscape or a nonpublic sidewalk with a minimum width of six feet located contiguously to the rear of the back-up area, the required back-up area may be reduced by two feet. Parking provided in parking structures with more than one floor or with underground parking shall have a minimum parking space width of eight feet and six inches, a minimum depth of eighteen feet, and a back-up aisle with a minimum depth of twenty-four feet.

B.

Aisle Width Dimensions for Open Parking Spaces. The minimum width of two-way aisles shall be twenty feet unless: (1) the aisle serves as principal driveway access to a parking lot which serves fifty or more spaces and/or (2) the driveway provides direct access to a public street. In those instances, the aisle shall be not less than twenty-five feet in width. Any drive aisle required by the California Fire Code to provide access to the building must be a minimum of twenty-six feet in width and located within one hundred fifty feet of the exterior of any point of the building unless otherwise approved by the fire marshal.

C.

Large and Small. The minimum dimensions of open parking spaces and travel aisles are as set forth in the Schedule 18.41.070-A. The dimensions in the schedule may be interpolated if the parking angle does not directly correspond to those listed. The requirements are illustrated on the drawings following the table:

Schedule 18.41.070-A: Parking Space and Aisle Dimensions

Notes:

¹  Minimum parking space width is nine feet, except where alongside a structure, pole post, wall or fence, in which case the minimum width is ten feet.

²  Locations of required parking spaces, garage spaces, garages and carports, are also governed by official plan lines, and other regulations of this chapter.

³  Aisle widths may be interpolated where parking spaces are designed with a width between those specified above (e.g., a space width of nine feet nine inches would allow an aisle width of twenty-three feet six inches).

COMPACT VEHICLE PARKING

NOTE 1 -Minimum compact parking-space width is nine feet, except where alongside a structure, pole, post, wall or fence, in which case the minimum width is ten feet. The minimum parking-space length is fourteen feet.

NOTE 2 -Locations of required parking spaces, garage space, garages and carports are also governed by official plan lines and other regulations of this chapter.

NOTE 3 -Access to fire lanes and the lanes themselves shall have a minimum inside turning radius of twenty-nine and one-half feet and an outside turning radius of forty-five feet.

NOTE 4 -Required fire access lanes shall have a minimum width of twenty-six feet unless otherwise approved by the fire marshal.

* Aisle widths may be interpolated where parking spaces are designed with a width between those specified above.

STANDARD VEHICLE PARKING

NOTE 1 -Minimum parking-space width is nine feet, except where alongside a structure, pole, post, wall or fence, in which case the minimum width is ten feet. The minimum parking-space length is eighteen feet.

NOTE 2 -Locations of required parking spaces, garage space, garages and carports are also governed by official plan lines and other regulations of this chapter.

NOTE 3 -Access to fire lanes and the lanes themselves shall have a minimum inside turning radius of twenty-nine and one-half feet and an outside turning radius of forty-five feet.

NOTE 4 -Required fire access lanes shall have a minimum width of twenty-six feet unless otherwise approved by the fire marshal.

* Aisle widths may be interpolated where parking spaces are designed with a width between those specified above (e.g., a space of nine feet nine inches would allow an aisle width of twenty-three feet six inches).

D.

Reductions in Space Length/Aisle Width. Where there is landscape or a nonpublic sidewalk with a minimum width of six feet at the front end of a parking space, the required length of the parking space may be reduced by two feet except for handicap spaces [see Section 18.41.170(D)]. However, where there is landscape or a nonpublic sidewalk with parking on both sides, the landscape area or sidewalk is to be a minimum of eight feet in width in order to allow a two-foot reduction in parking space length on both sides. Where there is landscape or a nonpublic sidewalk with a minimum width of six feet located at the rear of a back-up area serving ninety-degree parking, the back-up aisle may be reduced two feet in width.

(Ord. 2381 § 10 (part), 2007: Ord. 2343 § 2 (part), 2005)

Off-street parking spaces, access points, aisles, driveways and travel ways shall be paved with asphalt concrete or Portland cement concrete. All paved areas shall be properly and continuously maintained in safe condition while serving the use of the property. Maintenance shall include crack sealing, chip or slurry sealing, patching, or asphalt overlay as needed to prevent cracking, holes or surface deterioration. Upon approval of the director or his or her designee, retail and industrial uses may pave ten percent of the required parking spaces in turf block or equivalent permeable paving materials. All areas within the parking area that are not required to be surfaced shall be landscaped.

Parking and access ways may be developed with gravel only in conjunction with the following uses by site development permit:

A.

Outside Storage or Display for Commercial or Industrial Purposes. A fifty-foot-long asphalt or concrete driveway shall be provided from the paved street or back of sidewalk onto the property to prevent gravel or dirt from being carried onto the public street. Storage areas shall at a minimum, be surfaced with a gravel or four-inch-thick road base with dust palliative to reduce particulate matter. Unless otherwise specified by the fire marshal, travel aisles shall be minimally surfaced with a four-inch-thick road base with dust palliative to support emergency-service vehicles and reduce particulate matter. Exceptions to the surfacing requirements for temporary uses may be allowed by the development services director.

B.

Residential Driveways. Where necessary to provide access to required parking spaces, driveways with a length of one hundred fifty feet or less, proposed off an improved public street for single-family houses, shall be improved for their entire length with asphalt, concrete, or a chip and seal surface. For residential driveways in excess of one hundred fifty feet in length, the director may waive the requirement for paving by zoning exception provided that: (1) the first thirty feet from the paved street or back of sidewalk shall be paved, (2) the driveway-surfacing requirements of the fire marshal shall be met, and (3) the driveway does not lie within seventy-five feet of an existing or future residence. For residential driveways that do not have access to an improved public or private street, surfacing shall be in accordance with the requirements of the fire marshal.

C.

Paving of Alleys. Where off-street parking proposes to use public alleys for access or back-up lanes, such alleys shall be improved to the requirement of the city engineer as if it were part of the required off-street parking area.

(Ord. 2381 § 10 (part), 2007; Ord. 2343 § 2 (part), 2005)

Off-street parking areas for nonresidential uses providing parking spaces for use by the general public shall be provided with a maintained minimum of one footcandle of light on the parking surface from dusk until the termination of business every operating day. Such lighting, which would cause unreasonable annoyance to occupants of the neighboring properties or otherwise interfere with the public health, safety or welfare, shall be so arranged as to reflect light and glare away from adjoining premises and streets.

Ground-mounted light poles serving parking areas shall be located within a planter or incorporated into a walkway or other pedestrian area. A ground-mounted light pole with a concrete pedestal greater than six inches above grade, which is not screened by vegetation, shall incorporate pedestal design enhancements (e.g., raised relief, textured, exposed aggregate or like treatment).

(Ord. 2343 § 2 (part), 2005)

A.

Fencing. In order to reduce or eliminate headlight glare and loss of privacy, newly constructed outdoor off-street parking areas that cause vehicle headlights to be cast upon a neighboring residential window or a vacant lot in a residential district shall be screened with a masonry wall or a solid wooden fence not less than four feet in height. Said screening shall be maintained in good condition at all times, shall be kept free at all times of advertising signs, and shall be set back from any abutting public street a distance equal to the distance which such parking area must be set back from any abutting public street.

No wall shall be required where there exists a wall that complies with the requirements of this paragraph, either on the common property line or adjacent thereto, on either side of the common property line, provided, however, that if such wall is thereafter removed, a replacement wall shall be required forthwith from the owner of the parking facility.

Where a wood fence is substituted for a solid masonry wall, such fence shall be constructed so that the boards overlap or are otherwise designed such that a person cannot see through them as a result of subsequent shrinkage. The fence shall have fence posts of either wood treated to resist rot and termites or of iron, steel, or masonry; and in all cases, fence posts must be set in concrete. Under no circumstances shall walls, fences, or shrubbery be placed or maintained on the property in such a manner as to interfere with visibility so as to endanger safe ingress and egress. As an alternative to a fence, an earth berm, or earth berm and wall, can be substituted for the required fence.

B.

Street-Side Planter. The required front and corner side-yard setbacks shall be landscaped. Notwithstanding the setback requirements established by this ordinance, where a parking lot abuts a two-lane public street, it shall be separated therefrom by a planter not less than ten feet in width. Where a parking lot abuts a four-lane-or-more public street or a street designated on the general plan as a four-lane-or-more arterial street, it shall be separated therefrom by a planter not less than fifteen feet in width. In commercial districts, landscaped setbacks from non-access State highways shall average no less than twenty feet (fifteen feet minimum). Planter-width requirements are as measured from the property line. Planter-width minimums can be met using variable widths and may encroach into setback areas provided that the average width meets the minimum-width requirements as determined by the Development Services Director. If the sidewalk on the street is not adjacent to the property line, the area between the back of the sidewalk and the property line shall also be landscaped in addition to the above requirements. Public sidewalks may be located within the on-site landscape areas. Wherever the Zoning Code or more restrictive requirement of the City requires a greater-width planter than the above minimum, the greater requirement shall prevail.

The landscape planter between the parking facility and the street shall include shrubs that will attain a minimum height of three feet above parking lot grade within eighteen months of installation. The plant materials and spacing shall be adequate to effectively screen the parking facility from the street. City-approved street trees shall be planted within the street-side planter on thirty foot centers or in groupings approved by the Development Services Director.

As an alternative to plants alone, the following other techniques may be used:

1.

Grass-covered berm a minimum of three feet in height with a slope not steeper than 3:1. A three foot-high, open decorative fence in combination with climbing and nonclimbing plants.

2.

A three foot-high, minimum four inch-thick, decorative solid masonry or concrete wall at the back of the planter with a ground cover and/or other plants between the wall and the street.

3.

Vegetation or screening of any type shall not exceed two feet in height within areas where adequate vehicle sight distance would otherwise be obstructed. Where such screening is adjacent to a street corner or driveway intersection, screening shall not exceed two feet in height in the triangle formed by the corner and points at the curb thirty feet from the intersection or similar corner points within twenty feet of a driveway intersection.

C.

Shade Trees. Shade trees shall be planted in the parking lot at a ratio of one tree for every four spaces. Trees shall be dispersed on a generally equal basis throughout the parking lot to maximize the shading effect on the parking stalls. The landscape planter providing for any required tree shall have a minimum area of seventy-two square feet and a minimum width of six feet. To qualify as parking lot shade trees, the tree must be of a species and variety with an ultimate height and canopy that will provide a shading effect, and the trees must be within seven-and-one-half feet of a parking space or driveway aisle and must not be located within the public right-of-way. A parking space shall not be more than fifty feet from a shade tree. The planting plans shall be submitted with the building permit application and shall illustrate how the trees are to be irrigated and protected. The minimum size of each tree to be planted shall be a fifteen gallon size. In those instances where parking is proposed underground or within a building, the tree to parking space ratio shall be 1:10. Said trees shall be planted within street-frontage planters or within other landscaped areas in the development.

D.

Parking Lot Interior Landscape. The interior of all parking lots is to be landscaped at a ratio of sixty square feet of landscape for each required parking space. For each additional space provided that exceeds the minimum parking requirement by more than five spaces, or ten percent, whichever is greater, eighty square feet of landscape shall be provided for each excess space. The total required interior landscape area shall be evenly distributed throughout the parking areas. This requirement does not apply to parking lots that are underground or within buildings. Landscape areas that may be applied towards the required parking lot interior landscape area must have a minimum dimension of four feet, be surrounded by or within seven-and-one-half feet of a parking space or the aisle or pedestrian walkway serving it, or be within the required streetside landscape area adjacent to a parking space or aisle serving it. Landscape within a public right-of-way or in excess of the required streetside landscape addressed in Subsection B does not count toward meeting the minimum requirement. No more than twelve parking spaces may be constructed in a row without separating the spaces with a landscape planter a minimum of eight feet in width. Rows of parking spaces shall be separated from adjoining driveways with landscape end islands or peninsulas that are a minimum width of eight feet. When calculating landscape area or width minimums, the area of the protective curbing shall not be included.

E.

Pavement Edge and Planter Protection. Landscaped areas and pavement edges in all multiple-family, commercial, and industrial zones shall be protected from damage and deterioration by the placement of six inch-high, securely anchored, continuous concrete curbs or equivalent materials which have a minimum width of six inches.

F.

Building Separators. Excepting single-family residences and second dwelling units, parking spaces directly abutting a building are prohibited. Parking areas shall be separated from a building by a raised walkway or landscape at least four feet in width.

(Ord. 2403 § 9 (part), 2008; Ord. 2381 § 10 (part), 2007: Ord. 2343 § 2 (part), 2005)

(Ord. No. 2428, § 7, 1-20-2009; Ord. No. 2606, § 12, 6-18-2019; Ord. No. 2671, § 6, 11-5-2024)

Office and retail developments which have parking lots deeper than ninety-five feet at the main entrance of a building and have more than one hundred parking spaces shall include in the site design pedestrian walkways a minimum of four feet in width which provide safe travel between parking areas and the building(s) and from the building(s) to adjacent buildings and land uses within the same multiple building complex. A walkway shall be distinctive in design to set it apart from the parking lot pavement areas.

(Ord. 2343 § 2 (part), 2005)

Off-street parking facilities shall be designed such that drainage is carried away from structures and does not flow over public sidewalks or within vehicle unloading areas.

(Ord. 2343 § 2 (part), 2005)

Parking lots that provide collection areas for shopping carts shall incorporate a low-profile design for the cart-return bays (i.e., raised curb channel or metal railings less than one foot in height). If carts are stored outside during non-operating hours, shopping carts shall be locked during non-operating hours.

(Ord. 2343 § 2 (part), 2005)

(Ord. No. 2606, § 13, 6-18-2019)

The installation of curb cuts shall be in accordance with the following standards:

A.

Curb cuts or use of rolled curb for driveway purposes may not exceed fifty percent of the lot width along any street and shall be limited to a width of forty feet each, except for industrial uses where a width of fifty feet (which includes curb-return radii and driveway throat-width totals added together) may be permitted for truck entrances. Greater widths may be permitted subject to obtaining a zoning exception.

B.

Curb cuts in all zones, except single-family, shall be limited to one cut per street frontage and, in commercial zones, shall not be closer than twenty feet from the existing or projected curb return. In no case shall a curb return have a radius less than twenty feet. By site development permit, the development services director may allow additional curb cuts where consideration of a specific use or site size or configuration indicates that additional access is required and such request will not unduly restrict the street capacity or reduce traffic safety. In single-family areas, a curb cut shall not be closer than ten feet from the existing or projected curb return unless a zoning exception is first obtained.

C.

As measured from the top of the curb, commercial curb cuts for two-way driveways serving property shall be a minimum of thirty-five feet in width or as approved by the city engineer.

D.

Primary driveway entrances to a facility that has in excess of one hundred fifty parking spaces shall be protected from on-site cross traffic by berms, medians or planters a minimum distance of eighty-five feet behind the property line to allow stacking of cars exiting onto a public street and movement of cars off the public street.

E.

Whenever a change of use, construction of a new building or redesign of a parking lot removes the need for an existing driveway or curb cut, it is the duty of the property owner to fill in the driveway and curb-cut areas to conform to adjacent sidewalk and curb improvements.

F.

Whenever curb, gutter, sidewalk, or driveway are to be constructed or removed, an encroachment permit shall be obtained from the transportation and engineering director pursuant to Section 13.16.010.

G.

Driveway curb cuts shall not be located at points where they are likely to cause traffic conflicts. Site plans shall be provided that depict surrounding driveways and street design.

(Ord. 2374 § 24, 2006: Ord. 2343 § 2 (part), 2005)

(Ord. No. 2428, § 7, 1-20-2009)

To prevent vehicle backing movements in parking lots from conflicting with street traffic flow, ninety-degree angled, off-street parking spaces adjacent to a four-lane arterial, which use the entrance driveway as back-up area, shall maintain a minimum setback of twenty feet from the street-side property line. Similarly, parking spaces with less than a ninety-degree angle, which result in vehicles backing toward the street, shall maintain a twenty-five-foot setback from the street-side property line. Where the street does not have a parking lane, an additional five-foot setback shall be required. Open areas between the parking spaces and the street shall be landscaped.

(Ord. 2343 § 2 (part), 2005)

(Ord. 2343 § 2 (part), 2005)

The following special parking requirements are applicable to all commercial and industrial land uses and certain multiple-family residential land uses. These special stalls shall be in the closest proximity to the facility for which they are designated in order to encourage their use.

A.

Parking Access for the Disabled. Parking spaces for the physically disabled shall be provided in accordance with the following provisions and as mandated by the California State Accessibility Standards (California Building Code, Chapter 11) and the Council of American Building Officials (CABO)/American National Standards Institute (ANSI) A117.1-1992, which is a part of this code. Certain multiple-family developments are exempt from the requirement to provide parking for the physically disabled. For determination of which multiple-family projects may be exempt from these requirements, refer to Chapter 11 of the California Building Code.

1.

Spaces Required.

a.

For commercial, industrial, and publicly funded residential projects, the number of spaces required to be accessible for persons with physical disabilities shall be proportional to the total number of parking spaces provided for each type of project. (Schedule 18.41.170-A establishes the minimum number of accessible spaces required.)

Schedule 18.41.170-A: Minimum Number of
Accessible Spaces for Disabled

Note:

¹  At least one accessible space must be "van accessible." One van-accessible space shall be provided for each eight accessible spaces.

b.

If assigned parking is provided at privately funded multiple-family building sites, designated accessible parking at the dwelling unit shall be provided on request of residents with physical disabilities on the same terms and with the full range of choices (e.g., surface parking or garage) provided for other residents, with accessible parking on a route accessible to wheelchairs for at least two percent of the covered dwelling units. Signage is not required. When visitor parking is provided, a minimum of five percent of parking shall provide access to grade-level entrances of multiple-family dwellings and accessible parking at facilities (e.g., swimming pools) that serve accessible buildings. Visitor parking spaces shall be provided with signage. Such sign shall not be blocked from view by a vehicle parked in the space.

c.

Medical Care Outpatient Facilities. At facilities providing medical care and other services for persons with mobility impairments, parking spaces complying with this section shall be provided in accordance with Table 3, except as follows:

▲ Outpatient Units and Facilities. Ten percent of the total number of parking spaces provided serve each such outpatient unit or facility.

▲ Units and Facilities that Specialize in Treatment or Services for Persons with Mobility Impairments. Twenty percent of the total number of parking spaces provided serve each such unit or facility.

B.

Accessible Parking Required. Accessible parking spaces shall be located as near as practical to a primary building entrance. In facilities with multiple accessible building entrances with adjacent parking, accessible parking spaces shall be dispersed and located closest to the accessible entrances. When practical, the accessible route of travel shall not cross lanes for vehicular traffic. When necessary, the route of travel shall be designated and marked as a crosswalk.

C.

Identification of Spaces. Signage and striping shall conform to the requirements of Chapter 11 of the California Building Code.

D.

One in every eight accessible spaces, but not less than one, shall be "van-accessible," consisting of a twelve-foot-wide parking space and a five-foot-wide access aisle, or alternatively, a nine-foot-wide parking space, together with an eight-foot-wide access aisle, in accordance with the accessibility requirements of the California Building Code. Where single spaces are provided in addition to the van-accessible space, they shall be fourteen feet wide and outlined to provide a nine-foot-wide parking area and a five-foot-wide loading and unloading area on the passenger side of the vehicle. When more than one space is provided, two spaces can be provided within a twenty-three-foot-wide area lined to provide a nine-foot-wide parking area on each side of a five-foot-wide loading and unloading aisle in the center. The minimum length of each parking space shall be in accordance with Section 18.41.070, not to be less than eighteen feet.

E.

Arrangement of Accessible Parking Spaces. In each parking area, a bumper or curb shall be provided and located to prevent encroachment of cars over the required width of walkways. The space shall be so located that people with physical disabilities are not compelled to wheel or walk behind parked cars other than their own. Pedestrian ways that are accessible to the physically disabled shall be provided from each such parking space to related facilities, including curb cuts or ramps as needed. Ramps shall not encroach into any parking space.

F.

Slope of Parking Space. Surface slopes of reserved parking spaces, a four-foot-wide area to the sides and rear of the spaces, and access aisles for people with physical disabilities shall be the minimum slope possible and shall not exceed one unit vertical to fifty units horizontal (two percent) in any direction.

(Ord. 2343 § 2 (part), 2005)

(Ord. No. 2428, § 7, 1-20-2009; Ord. No. 2515, § 4, 12-2-2014)

A.

Grades. No driveway or portion thereof shall have a slope exceeding fifteen percent, except that within a public right-of-way, the slope shall not exceed two percent in the area required for pedestrian path of travel nor eight percent between the path of travel and the right-of-way line. The slope shall be measured at the centerline of the driveway. Driveways greater than one hundred fifty feet in length shall not exceed a grade of twelve percent unless fire-safety measures as may be required for the structure by the fire marshal are installed, but in no case shall the grade exceed fifteen percent.

Schedule 18.41.180-A illustrates the maximum change in elevation between the property line and the front of the garage for typical front yard setbacks:

B.

Widths.

1.

Driveways, excluding areas used for back-up aisles, shall be provided as follows:

a.

Where six or fewer parking spaces are required for residential parking areas and the structure(s) are located within one hundred fifty feet of a public street, the minimum driveway width shall be twelve feet except as noted in "C" below.

b.

Where parking spaces are required for residential parking areas and the structure(s) are located at a greater distance than one hundred fifty feet from a public street, the minimum driveway width shall be twenty feet (sixteen feet of paving and two-foot-wide graveled shoulders) or as approved by the fire marshal. A turnaround area for emergency-response vehicles shall be provided and shall be designed in accordance with the specifications provided by the fire marshal.

c.

In single-family residential districts, driveways which provide access to covered parking located within one hundred fifty feet and at the rear of a main structure shall have a minimum width of ten feet.

2.

All other driveways shall have a minimum width of twelve feet for one-way traffic and twenty feet for two-way traffic except in those instances where a greater width is required by Section 18.41.180(B)(3). One-way driveways shall be clearly delineated. Additional driveway width may be required to provide for transition to a wider drive opening at the street right-of-way line, to accommodate turn lanes, to accommodate the projected traffic volume, or to otherwise provide safe and convenient accessibility to parking spaces.

3.

Driveways providing access to open parking areas taking access from one or both sides shall be a minimum of twenty-three feet in width, or as otherwise allowed in Schedule 18.41.070-B and Section 18.41.180(B)(1).

(Ord. 2381 § 10 (part), 2007: Ord. 2343 § 2 (part), 2005)

(Ord. No. 2428, § 7, 1-20-2009)

Where a garage or carport is directly accessible from a public street, it shall have a minimum setback of twenty feet. Where a garage or carport is directly accessible from an alley, it shall have a minimum setback of five feet.

Notwithstanding any requirements of this code, in cases where the elevation of the lot at a point twenty feet—as measured from the back of curb along the entire frontage of the lot—is seven feet above or below the level of the curb, a private garage for a single-family residence may be built (attached or detached) to within ten feet of the front property line of the lot; provided, that a zoning exception shall be obtained in each case and that a third open parking space is provided adjacent to the covered parking.

(Ord. 2343 § 2 (part), 2005)

A.

Locations of Residential Parking. All required, covered, off-street parking spaces shall be located conveniently accessible to the dwelling unit served by such parking space.

B.

Tandem Parking. Tandem parking or parking where a car or cars have to be moved in order to allow a car to back from a parking space, counts only as one parking space. To meet off-street parking requirements for more than one space, each car must be able to enter and exit a parking space independent of the movement of any other vehicle.

C.

Drop-Off Points. When located outside the downtown district, parking areas for public assembly or institutional facilities listed in this section shall include a designated on-site location for dropping off passengers at an entrance to the facility in advance of parking the vehicle. Drop-off areas are to consist of vehicle turnout lanes located outside normal travel lanes. Drop-off points are to be provided for hotels and motels, schools with fifty or more students, churches with a capacity of one hundred or more, public transportation terminals, places of public assembly and public buildings.

D.

Slope. The finished grade of a parking lot shall not exceed five percent on an angle of the parked car that would allow the car to roll from the parked position.

E.

Vertical Clearance. Except for residential uses, covered parking is to have a vertical clearance of at least seven feet six inches above the finished parking lot surface. Where a building or sign extends over a parking area, the minimum clearance shall be ten feet for auto and fifteen feet for trucks.

F.

Parking Structures. The exterior elevations of parking structures shall be designed to minimize the use of blank concrete facades. Textured concrete, pilasters, planters or trellises, or other architectural treatments shall be provided to accomplish this requirement. Perimeter landscape shall conform to Section 18.41.100 of this chapter. Additionally, irrigated city-approved street trees shall be planted on thirty-foot centers in the required perimeter landscape. Architectural and landscape plans shall be subject to the approval of the director.

(Ord. 2343 § 2 (part), 2005)

A building, or part thereof, having a floor area of ten thousand square feet or more that is to be occupied by a manufacturing plant, storage facility, warehouse facility, goods-display facility, retail store, wholesale store, market, hotel, hospital, mortuary, laundry, dry-cleaning establishment, or other use or uses similarly requiring the receipt or distribution by vehicles or trucks of material or merchandise shall provide at least one off-street loading space, plus one additional such loading space for each forty thousand square feet of floor area. Such off-street loading space shall be maintained during the existence of the building or use it is required to serve. Truck-maneuvering areas shall not encroach into required parking areas, travelways or street rights-of-way.

(Ord. 2343 § 2 (part), 2005)

Editor's note— Ord. No. 2428, § 8, adopted Jan. 20, 2009, deleted § 18.41.220 in its entirety. Former § 18.41.220 pertained to standards for off-street loading spaces and derived from Ord. No. 2343, § 2 (part), adopted in 2005)

The general and specific purposes of the sign regulations are:

A.

To encourage the effective use of signs as a means of communication in the city;

B.

To maintain and enhance the aesthetic environment and the city's ability to attract sources of economic development and growth;

C.

To improve pedestrian and traffic safety;

D.

To minimize the possible adverse effect of signs on nearby public and private property;

E.

To enable the fair and consistent enforcement of these sign restrictions;

F.

To establish a permit system to allow a variety of types of signs in commercial and industrial zones and a limited variety of signs in other zones subject to the standards and the permit procedures of this title;

G.

To allow certain signs that are small, unobtrusive and incidental to the principal use of the respective lots on which they are located subject to the substantive requirements of this title, but without a requirement for permits;

H.

To prohibit all signs not expressly allowed by this title;

I.

To provide for the enforcement of the provisions of this title;

J.

To regulate the size, type and location of signs;

K.

To require a permit to ensure the proper application of the sign ordinance;

L.

To establish reasonable fees to offset costs associated with each sign application review, sign enforcement and sign regulation;

M.

To require a site plan and elevation(s) that illustrate and explain the requested signage and its proposed location;

N.

To address aesthetic concerns and encourage advertising signs to complement architectural features;

O.

To avoid sign clutter;

P.

To encourage sound signing practices as an aid to business;

Q.

To protect the public health, safety and welfare by prohibiting certain signs that may contribute to blight because the overt sexual nature of the signs has a deleterious effect on surrounding properties.

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

A sign may be erected, placed, established, painted, created or maintained in the city only in conformance with the standards, procedures, exemptions and other requirements of this title.

A.

Permit Required. No sign shall be erected, placed, displayed, enlarged or altered within the city unless provided for by this chapter by permit, exemption or specific regulation.

B.

Properties Within the Boundaries of a Specific Plan. Refer to the applicable specific plan for additional sign specifications and regulations, if any.

C.

Administrative Sign Permits. This section establishes the procedures for the application and approval of administrative sign permits as required for certain signs described in Schedule 18.42.030-B.

1.

Authority of Director. The director shall review and approve or disapprove applications for administrative sign permits. The director may refer approval of applications to the board of administrative review.

2.

Application. An application for an administrative sign permit, accompanied by the required fee, shall be filed with the director in prescribed form and shall be accompanied by a site plan, sign elevations, sign copy, lighting plan (if appropriate), landscape plan (for pole and monument signs only), and any other information deemed necessary by the director to evaluate the request.

3.

Required Findings. The director shall approve the application as it was applied for or in modified form if, on the basis of the application and review of site and surrounding circumstances, the director finds:

a.

The proposed sign will not be injurious or detrimental to the property or improvements in the neighborhood;

b.

The proposed sign will not be injurious or detrimental to the general welfare of the city;

c.

That the proposed sign will not be inconsistent with the goals and policies established by the general plan.

D.

Conditions. In granting the administrative sign permit, the director may impose such conditions or may modify the original request as deemed necessary to implement the general plan; achieve consistency with this section; ensure compatibility with surrounding properties and properties with similar uses; reduce or eliminate signage that does not conform with this chapter; and preserve the public health, safety and welfare.

E.

Determination by Director. Within ten working days of receipt of a complete application, the director shall make a determination to deny, approve, or conditionally approve the administrative sign permit or refer it to the board of administrative review for a public hearing. If the application is referred to the board of administrative review, notification and determination of the board of administrative review hearing shall be as set forth in Chapter 18.11 (Common Procedures) of this title. At the discretion of the director, a copy of the decision to approve an administrative sign permit may be sent to property owners abutting the property.

F.

Appeal Procedure. An administrative sign 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.

G.

Hearing. The appropriate body shall hear the appeal at the time and place set forth in the 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 in Chapter 18.11 (Common Procedures) of this title.

H.

Revocation. Revocation of an administrative sign permit shall be in accordance with 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)

A.

Maximum Sign Area for Each Lot. Except in the "RL," "RE," "RS," "RM," and "PF" Districts, the maximum sign area for each lot shall be based on the scaled relationship between the lot's street frontage and area in accordance with the sign-area limitations of the lot's zoning district as established in Schedule 18.42.030-A. The most restrictive of the lot's frontage and area shall determine the maximum sign area for the entire lot. The mathematical expressions for determining this area shall be as follows: starting with a street frontage of fifty feet and area of six-thousand-five-hundred square feet, for each twenty feet of additional street frontage (on the same street) together with each two-thousand square feet of lot area, additional increments of sign area according to the zoning districts noted in the schedule shall be permitted to face any one adjacent street in any one direction provided that no sign or cluster of signs on the lot shall exceed the maximum sign area for any one sign as set forth in Schedule 18.42.030-B of this section. The incremental sign-area increases are uniform except for the "LO" and "GO" districts, where the increase ceases at a maximum sign area of two-hundred square-feet for a lot with a frontage of six hundred and ten feet or an area of sixty-two-thousand-six-hundred square feet; thereafter, regardless of the frontage and lot area, the maximum sign area shall be two-hundred square feet. Ten percent of the allowable sign area per lot shall be reserved for temporary promotional advertising including banners and window-painted signs. Maximum sign area allowed in the residential and public facilities districts noted above shall be based on the allowable sign type/size as indicated in Schedule 18.42.030-B. The allowable type and size shall be established by administrative sign permit or, in the case of new development, by the site development permit or use permit required by Chapter 18.36.

1.

"Street Frontage" does not include streets or State highways from which the property cannot take legal access. This includes Interstate 5 and its on-/off-ramps; State Routes 299, 44, and 273; and local streets where access rights have been waived.

2.

Multiple parcel shopping center and similar developments shall be considered a single parcel for the purpose of determining the maximum allowable sign area.

3.

If the lot does not have street frontage, then the lot-area column of Schedule 18.42.030-A shall be used to determine the maximum sign area per lot.

Increments of Additional Sign Area According to Zoning
(See Schedule 18.42.040-A

Schedule 18.42.030-A Maximum Total Sign Area Per Lot Based on Lot Area and Street Frontage

Maximum Total Sign Area Per Lot Based on Lot Area and Street Frontage

B.

Maximum Sign Area and Illumination for Each Type of Sign by Zoning District.

The maximum sign area, per sign, for each type of sign shall be based upon Schedule 18.42.030-B. This schedule indicates whether or not a permit is required by letters "P," meaning an administrative sign permit is not required, and "ASP," meaning approval of an administrative sign permit is required. Refer to the following sections for regulations on each type of sign:

1.

Definitions — Chapter 18.61;

2.

Maximum number of pole, monument, and shopping center identifier signs per

lot

— Subsection E of this chapter;

3.

Standards for certain types of signs — Section 18.42.040 of this chapter;

4.

General sign construction standards — Section 18.42.060 of this chapter.

Note: The maximum area for each sign type in the "PF" District shall be determined by administrative sign permit or, in the case of new development, by the site development permit or use permit required of the proposed development.

Schedule 18.42.030-B: Maximum Sign Area and Illumination for Each Type of Sign by Zoning District

Notes:

¹ For religious, general and senior residential care, and commercial recreation facilities only. (If illuminated, signs may be externally illuminated only.)

² A monument sign up to ninety square feet may be erected in lieu of a pole sign subject to meeting the requirements of Section 18.42.040(E). Monument signs exceeding ninety square feet require approval of a site development permit.

³ An administrative sign permit is required if the sign was not approved in conjunction with tentative map or planned development approval.

⁴ A use permit is required for a shopping center identifier sign.

⁵ Cumulative wall signage on any one wall shall not exceed twenty percent of the wall area on which the signs are located.

⁶ Maximum sign area for temporary banners associated with an administrative sign permit will be limited to the maximum sign area allowed in that zoning district.

C.

Computation of Sign Height and Area.

1.

Computation of Height. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of the existing grade prior to construction or the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the lot, whichever is more restrictive.

2.

Computation of Sign Area. The sign area shall be measured as the area within the smallest perimeter that will enclose all the letters, figures, or symbols which comprise the sign, but excluding essential supports. For double-faced signs, the area will be the total of one side. For multi-faced signs, area will be the total of all faces. See also, Section 18.62.130 (Measuring sign area) of this title.

D.

Corner Signs. In addition to the setback requirements noted below, all detached signs shall not obstruct a clear view between heights of three feet and ten feet in triangle formed by the corner and points on the curb thirty feet from the intersection or similar corner points within twenty feet of a driveway intersection.

E.

Maximum Number of Detached Pole, Monument, Shopping Center Identifier and Freeway Signs per Lot (pole, monument, identifier and freeway signs).

1.

Pole and Monument Signs. Except as provided for in this section, each lot shall be limited to a maximum of one pole sign that may be supplemented with additional monument signs, meeting the standards of this chapter and the following provisions:

a.

A monument sign may be substituted in place of a pole sign;

b.

Interior lots with improved double street frontage and with multiple licensed businesses shall be limited to one pole or monument sign per frontage provided the signs have the same street orientation of the businesses they advertise. Street frontage does not include streets or state highways from which the property cannot take legal access;

c.

Multiple street-frontage credit for additional monument signs shall not be applied to any one single frontage;

d.

Each lot is allowed one monument sign for each street frontage provided there is not a pole already facing the frontage. Corner lots are allowed a combination of a monument sign and pole sign provided that there is at least a fifty-foot separation between the signs;

e.

Multiparcel shopping centers and similar developments shall be considered a single property for the purpose of determining the number of allowed freestanding signs. Each shopping center of fifty thousand or more square feet in floor area shall be limited to one monument sign for each three hundred feet of improved street frontage provided that there is at least a one-hundred-foot separation from any other detached, on-site sign; but in no case shall a shopping center be permitted to have more than a total of three monument signs or two monument signs and one pole sign.

2.

Shopping Center Identifier Signs. Each shopping center consisting of at least fifteen acres in size or one hundred and fifty thousand square feet of enclosed retail floor area shall be limited to one detached pole identifier sign pursuant to the standards of this chapter and the following provisions:

a.

Shopping centers with an identifier sign shall not be entitled to a pole sign or a freeway sign;

b.

Shopping centers shall not be given credit for additional pole signs based on multiple street frontage;

c.

Shopping center identifier signs shall require a use permit and may require final plan review approval by the board of administrative review (board) if referred by the planning commission.

3.

Freeway Signs. Subject to obtaining a use permit pursuant to Chapter 18.14, no more than one freeway sign may be allowed on parcels located not more than five hundred feet from a freeway travel lane and not more than one thousand feet from an Interstate 5 freeway travel lane developed with a single-tenant building of at least one hundred thousand square feet of enclosed retail floor area or which are part of a shopping center site of at least fifteen acres in size or one hundred and fifty thousand square feet of total enclosed retail floor area pursuant to the standards of this chapter and the following provisions:

a.

For shopping centers comprised of multiple parcels, no more than one freeway sign shall be allowed within the center.

b.

Where permitted by the decision making body for the use permit, freeway signs may be in addition to other freestanding signs on a parcel or within a shopping center.

c.

Freeway signs may require final plan review approval by the board if referred by the planning commission.

4.

Off-Site Pole/Monument Signs. Two or more contiguous parcels, not located within a shopping center or similar cohesive development, may share a common pole or monument sign provided that an administrative sign permit is obtained. The sign may exceed the allowable size indicated in Schedule 18.42.030-B by up to fifteen percent; however, in such instances, the off-site parcel(s) shall reduce its maximum allowable sign area by the advertising area it occupies on the common sign and shall not be allowed an on-site pole or monument sign.

(Ord. 2403 § 10 (part), 2008; Ord. 2381 § 11 (part), 2007: Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2305 § 3 (Att. A (part)), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

(Ord. No. 2443, § 5, 10-26-2009; Ord. No. 2571, § 1, 4-4-2017; Ord. No. 2585, §§ 6, 7, 4-3-18; Ord. No. 2671, § 7, 11-5-2024)

A.

Accessory Signs. Accessory signs indicating prices, products, or services offered or signs with changeable copy (i.e., gas price) shall be incorporated into the design of approved wall or detached monument or pole signs. All other accessory signs shall be subject to the following regulations:

1.

Number. Each lot is allowed two detached accessory signs. Additional accessory-directional signs may be allowed by administrative sign permit.

2.

Size. Each sign can be no more than six square feet. Signs exceeding six square feet may be allowed by administrative sign permit, but shall not exceed twenty square feet except that menu boards may be approved up to thirty-two square feet in accordance with the provisions of Section 18.43.080F.

3.

Height. Four feet maximum.

4.

Setbacks. These signs shall be set back a minimum of five feet from the property line, and in no case shall such signs violate the setback provisions for street corners or driveways as noted in Subsection 18.43.030(D) of this section.

B.

Balloons and Dirigibles. Balloons, dirigibles, or other inflatable devices used primarily for advertising shall require an administrative sign permit when the greatest straight-line distance across the inflated object exceeds three feet or the number of inflated objects exceeds five (except as noted below), or the height of aerial display exceeds twenty feet, whichever is most restrictive. The display shall be limited to no more than fourteen calendar days per year. Inflatables grouped together shall be considered as one dirigible or balloon. Inflatables shall not be released into the air regardless of size and shall not extend over aerial utility lines. Unless a Use Permit has been obtained, balloons and other dirigibles shall not be located on property such that the tether line could overlap the property line in any direction by extending the line horizontally. Latex balloons not exceeding twelve inches in any one direction may be displayed without a permit provided that the number of balloons does not exceed two-hundred and that they are displayed for no more than three consecutive days four times per year; otherwise, an administrative sign permit is required.

C.

Buildings in the Shape of Symbols. The maximum allowable surface area of buildings designed in the shape of products or services sold (i.e., doughnut- or hot dog-shaped structures) shall be as approved by a site development permit.

D.

Freeway Signs.

1.

Size. Freeway signs shall not exceed a maximum sign area of four hundred square feet.

2.

Height. Freeway signs shall not exceed sixty feet in height above surrounding grade; sign height may be increased to a maximum of seventy feet above surrounding grade; if the decision-making body finds that either:

a.

Trees to be preserved on-site or located off-site substantially obscure visibility of the sign from the freeway, and the freeway sign conforms to all other provisions of this title; or

b.

The elevation of the existing grade immediately adjacent to the freeway sign is below the elevation of a freeway travel lane located no greater than five hundred feet from the sign and the difference in grade cannot be resolved by moving the sign and that difference in grade obscures visibility of the sign from the freeway, and the freeway sign conforms to all other provisions of this title.

3.

Location.

a.

Freeway signs shall be located as close as possible to the nearest freeway travel lane.

b.

Freeway signs shall comply with location requirements applicable under state or federal law, including but not limited to separation requirements.

4.

Design and Landscaping.

a.

The design of a freeway sign shall be compatible with the shopping center's architectural style and shall be constructed of decorative and durable materials to reduce the likelihood of unsightly signs and blighted conditions.

b.

The design of a freeway sign's support structures shall be compatible with the overall design of the sign, including but not limited to materials, colors, textures, and scale.

c.

The sign cabinet or frame (or equivalent) bottom shall be at least ten feet above grade.

d.

Landscaping compatible with the shopping center's landscape design shall be provided around the perimeter of the freeway sign base.

5.

Other Provisions.

a.

The illuminated face(s) of any freeway sign shall be oriented towards the freeway and shall be oriented away from nearby "Residential" Districts to the maximum extent feasible.

b.

Freeway signs located within five hundred feet of a "Residential" District shall not be illuminated between 12:00 a.m. and 6:00 a.m.

c.

At time when none of the businesses advertised on a freeway sign are open for business, the sign shall not be illuminated.

6.

Maintenance. All freeway signs shall be maintained in conformance with the following standards:

a.

All freeway sign components shall be maintained free of physical damage and deterioration, including but not limited to sign surface, painted/treated stucco and wood, and decorative materials/features.

b.

All approved lighting associated with a freeway sign shall be maintained in a fully operational manner. In the event lighting is not fully operational, no portion of the sign shall be illuminated until the lighting has been restored to a fully operational state.

E.

Menu Boards.

1.

Design. The height and orientation of menu boards shall be designed so as not to be visible from a public street.

2.

Number. No more than two detached menu boards shall be permitted per drive-through lane.

F.

Monument Signs.

1.

Design. Monument signs shall be constructed with a solid decorative base that is flush with the ground at all points along the base of the sign. The amount of opaque area framing the sign copy shall not exceed one hundred percent of the area of the sign copy. An alternative design, not including exceptions to the allowed sign height or size, may be approved by the development services director with approval of an Administrative Sign Permit.

a.

Freestanding decorative walls four feet or less in height (such as those used to screen parking lots from the street) can be used as the face of a monument sign. Only externally-illuminated text identifying the business or use of the property with a letter-height not exceeding twelve inches may be used.

2.

Height and Size. Monument signs shall not exceed 6 feet in height except when used in lieu of a pole sign, where allowed, and when consistent with the following criteria:

Notes:

^1. Monument signs over thirty-five square feet may not be erected on properties, including shopping centers and similar developments, that have a pole sign. If a monument sign over thirty-five square feet is erected, a subsequent pole sign shall not be permitted

^2. The required setback shall be measured perpendicularly from the street right-of-way line to the nearest portion of the sign face or structure.

^3. Monument signs exceeding ninety square feet in area, where allowed, require approval of a Site Development Permit.

3.

Setbacks. These signs shall be set back a minimum of five feet from the property line, and in no case shall such signs violate the setback provisions for street corners or driveways as noted in Subsection 18.42.030(D) of this section.

4.

Landscape. All monument signs shall require automatic irrigated landscape at the base equivalent to two times the area of the sign copy.

G.

Patriotic Symbols (Flags). Flags of the U.S. are allowed provided that they do not exceed twenty-four square feet and a maximum height of sixteen feet in residential areas and sixty square feet in commercial areas provided that the height does not exceed forty feet. All other flag types shall require an administrative sign permit, but shall not exceed sixty square feet and thirty feet in height. Flags or banners with advertising copy shall not be displayed on the same flag pole which displays flags of the United States. Flags of the United States flown in commercial or industrial areas shall be displayed in accordance with the protocol established by the Congress of the United States set for the Stars and Stripes (Public Law 94-344 and 90-831), which includes the provision for night lighting. Any flag not meeting any one of the conditions noted above shall be considered a banner and shall be subject to regulations as such.

H.

Pole Sign.

1.

Design. The maximum diameter or horizontal distance across a support structure and its enclosure shall not exceed three feet in any one direction. The cabinet, frame, or equivalent structure shall be elevated at least seven feet above grade.

2.

Height. Pole signs shall not exceed twenty-five feet in height. Additional height may be permitted by a Zoning Exception, as specified in Section 18.15.030(V), provided that no sign shall exceed a maximum of thirty-five feet in height.

3.

Setbacks. The support structure for a pole sign shall be set back a minimum of five feet from all property lines, and no portion of the sign shall project over the property line. Pole signs with a sign support structure greater than six inches in diameter shall not be located within the Clear Sight Triangle as defined in Section 18.40.140.

4.

Landscape. All pole signs shall be provided with automatic irrigated landscape at the base of the sign equal to the area of the sign.

I.

Political and Campaign Signs. Political or campaign signs on behalf of candidates for public office or measures on election ballots are allowed provided that said signs are subject to the following regulations:

1.

Said signs may be erected not earlier than ninety days prior to the said election and shall be removed within fifteen days following said election.

2.

In any residential zoning district, only one sign is permitted on any one lot. If Detached, the sign shall not exceed six feet in height.

3.

In any commercial or industrial district, one or more signs are permitted on a parcel of land provided that all such signs do not, in the aggregate, exceed a sign area of one-hundred-twenty square feet. Said signs shall not be erected in such a manner as to constitute a roof sign. Notwithstanding the provisions of this subparagraph, a sign may be placed upon any legally existing sign structure.

4.

No sign shall be located within or over the public right-of-way.

J.

Projecting Signs. Projecting signs, including wing wall-mounted signs, shall not project more than three feet from the facade surface of the building wall or other nonbearing building projection. Signs projecting over the right-of-way require an administrative sign permit.

K.

Roof and Mansard Signs. Roof signs shall not project above the roof peak or parapet wall or above the maximum height allowed for the zoning district. Mansard signs shall not project above the mansard. The bottom of roof signs shall be mounted flush with the surface of the roof and shall not interrupt roof lines or other major architectural features.

L.

Shopping Center Identifier Signs.

1.

Design. The maximum diameter or horizontal distance across a support structure and its enclosure shall not exceed three feet in any one direction.

2.

Height. These signs shall not exceed forty feet.

3.

Setbacks. Structures for these signs shall be set back a minimum of ten feet from all property lines, and no portion of the sign shall project over the property line.

M.

Subdivision and Planned Development Identifier Signs.

1.

Design. On-site subdivision-identifier signs shall be monument-type signs incorporated into the entry gates or the wall of the project. Where this is not feasible a freestanding monument sign will be considered.

2.

Height. These signs shall not exceed seven feet in height.

3.

Permit required. The director shall have the authority to approve subdivision identifier signs with an administrative sign permit if such sign was not approved in conjunction with tentative map or planned development approval.

N.

Temporary Off-Site Public Promotion Signs.

1.

Number of signs. For each nonprofit public organization, four temporary off- site promotion signs are allowed for fund raising events.

2.

Time limit. Thirty calendar days per year.

O.

Temporary Off-Site Real Estate Development Signs. Temporary off-site real estate signs are permitted subject to obtaining an administrative sign permit for each location and complying with the following regulations:

1.

Temporary signs shall not exceed thirty-two square feet in area nor six feet in height and must be of monument-type construction.

2.

The sign construction shall comply with the construction requirements of the Building Code and shall not be mounted on a vehicle, trailer, or similar portable medium.

3.

Each administrative sign permit shall expire two years from the anniversary date of its approval or after the last lot in the subdivision is sold, whichever occurs first.

4.

No more than one sign shall be permitted per access point for each development project.

5.

Real estate development signs shall only be permitted for residential subdivisions containing ten or more lots and for residential planned developments and residential condominiums containing four or more units.

P.

Temporary On-Site Real Estate Signs, Residential.

1.

Design. Signs may be pole, monument, or wall signs. Wall signs shall not extend above the parapet, fascia, or roof gutter and shall not be attached to the roof.

2.

Number of signs. One temporary on-site real estate sign is allowed.

3.

Size. For an individual lot in a residential district, up to six square feet is permitted. For new subdivisions with less than eighty percent of the lots sold, one sign up to thirty-two square feet is permitted for the subdivision.

4.

Height. Signs shall not exceed six feet in height.

Q.

Temporary On-Site Real Estate Signs, Commercial/Industrial. All commercial and industrial districts may be permitted to have one on-site temporary real estate sign per lot up to thirty-two square feet without an administrative sign permit provided that the setback for monument signs is met, the height does not exceed six feet, and the signs are appropriately maintained.

R.

Temporary Signs, Banners, Pennants, and Streamers.

1.

One temporary vinyl or cloth banner is allowed per business provided that it is maintained in good condition. Up to three additional banners may be allowed for Grand Opening events with approval of an Administrative Sign Permit. Temporary signs shall not extend above the parapet, fascia, or roof gutter and shall not be attached to the roof. Banners exceeding twenty-four square feet shall require an administrative sign permit and no banner shall exceed fifty square feet. Banners shall not be displayed for more than fourteen consecutive days two times per year. Banners shall be placed flat against the facade of the building and shall not project above the roof-line of the building. Banners shall not be affixed to public light poles, fences, trees, or similar objects.

2.

One strand of pennants or streamers is allowed for the length of each lot frontage without an administrative sign permit, except that the strand(s) shall not contain any advertising copy; and the length of the individual pennants or streamers shall not exceed two feet.

S.

Wall Murals and Super-Graphic Wall Signs. Where permitted, wall murals and super-graphic wall signs shall meet the area limitations for the district where they are located and the following regulations:

1.

Murals, and super-graphic wall signs shall be pleasing to the eye. The mural or graphic shall demonstrate artistic quality or theme as opposed to direct or indirect illustrative advertising.

2.

When bands of color or lines use the wall, building facade, or parapet as either figure or ground, then the entire surface of these areas shall be included as part of the sign or mural area.

3.

Any advertising message type, company name, logo, etc., outside the viewing field of the mural shall not exceed twenty square feet in area.

4.

Murals shall not be placed on decorative block or brick walls.

5.

Approval of the mural by the director shall take into consideration the visual effect of the mural on adjoining properties and the overall architecture of the building. The colors and materials used shall be reasonably harmonious with those in the area.

6.

Murals shall be limited to a maximum of one per wall on any one building.

7.

The proportional relationship of wall signs to the wall shall be based on the maximum square footage or percent of wall and window coverage of Schedule 18.42.030(B), whichever is more restrictive. Wall signs requiring permits shall be in the form of an administrative sign permit. The director may require a site development permit if the sign could have an aesthetic impact or be controversial.

T.

Wall Signs, Building Mounted. Wall signs shall not extend above the top of the wall or parapet structure. Wall signs shall not have a cumulative area greater than twenty percent of the area of the wall on which the signs are located.

(Ord. 2388 § 2, 2007; Ord. 2381 § 11 (part), 2007: Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2305 § 3 (Att. A (part)), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

(Ord. No. 2428, § 9, 1-20-2009; Ord. No. 2571, § 2, 4-4-2017; Ord. No. 2590, § 12, 8-21-2018; Ord. No. 2658, § 6, 4-4-2023)

A.

A comprehensive sign plan shall be submitted for all proposed commercial centers with three or more tenant lease areas, delineating the distribution of sign area the project is allowed. Sign plans that do not complement the architectural features of the buildings they advertise and/or are inconsistent with the city's design review manual shall not be approved.

B.

Where a nonresidential parcel does not have public street frontage and an off-site sign is not permitted by this chapter, the property owner may, with participation of abutting property(s) with street frontage, submit a comprehensive sign plan for the parcels. The comprehensive sign plan shall include proposed signage for the nonfrontage parcel. The total sign area allowed shall be based on Schedule 18.42.030-A for all the parcels included in the comprehensive sign plan. To accommodate the needs of all parcels, the director is authorized to allow up to a twenty percent increase in pole sign area with approval of the required administrative sign permit.

C.

All comprehensive sign plans shall require an administrative sign permit, unless the comprehensive sign plan is submitted as part of the site development permit or use permit for the project. Plans shall contain all sign dimensions and graphic information required to fully describe what is being proposed.

(Ord. 2403 § 10 (part), 2008; Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

A.

Electric Power and Communication Lines—Clearance Required. No permit for any sign shall be issued; and no sign shall be constructed, installed, or erected which does not comply with all the provisions of this chapter or which has less horizontal or vertical clearance from energized electric power lines and communication lines than prescribed by the regulations of the California Public Utilities Commission (General Order No. 95), the orders of the State Division of Industrial Safety, and the National Electric Code.

B.

Illumination. Lighting, if provided, shall be contained within or pointed at the sign and shall not reflect into surrounding residential property. The amount and type of illumination shall meet the regulations of this chapter.

C.

Material Requirements.

1.

All portions of any sign structure that are in contact with the ground shall be made of masonry, of steel, of wood which has been treated by the pressure process with a preservative which will protect it from insect and fungus attack, or of redwood equal to or better than foundation grade.

2.

Except for monument signs, the ornamental border of those portions of the frame shall be made of approved noncombustible material that is not subject to excessive deterioration from exposure to the weather or approved combustible plastics or noncombustible materials.

3.

Working stresses for any materials used in the construction of detached signs shall not exceed those specified in the Uniform Building Code as adopted by the city.

D.

Proximity to Street Signs. No sign shall be erected such that any portion is within five feet of a street sign nor within ten feet of any portion of a streetlight signal.

E.

Sign Support Structures. Signs, including temporary banners, real estate signs or pennants, shall not be attached to trees, fences, utility poles or roof surfaces.

F.

Underground Electric Signs. Electrical services to all signs shall be underground from the electrical panel on the appurtenant building.

G.

Wind Pressure Requirements. All signs shall be designed and constructed in accordance with Sections 2311, 2312, Table 23-G (Exposure C), and Table 23-H of the California Uniform Building Code as adopted by the city.

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

The following types of signs are permitted in all districts unless otherwise noted and shall not require a building permit nor be considered part of the allowable aggregate area. Such signs shall not exceed area limitations of this section and shall be erected and maintained in accordance with the provisions of this chapter.

A.

Nameplate not exceeding two square feet, except that such nameplate shall not advertise businesses within the "RL," "RE" and "RS" districts.

B.

One "open" and "closed" sign not to exceed two square feet in area per business.

C.

Private information signs, such as "Beware of Dog" or "No Soliciting," not exceeding one square foot that contain no advertising message.

D.

Traffic and other municipal signs, signals and notices which relate to the public welfare and safety which are erected by the city, county or state. Such signs shall be exempt from this chapter's restrictions.

E.

One on-site garage-sale sign per residential lot provided that such sign is less than two square feet and displayed no more than three times in any twelve-month period, not exceeding three consecutive days each.

F.

Signs showing the location of public telephones and signs placed by public utilities to show the locations of underground facilities.

G.

Signs of a public, noncommercial nature used to indicate danger or to serve as an aid to public safety, relating to road work or other construction activities.

H.

Parking-violation and handicap signs that do not exceed three square feet.

(Ord. 2388 § 1, 2007; Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

A.

Abandoned Signs. A sign, including its support structure, which does not apply or identify the current activity on the premises for greater than thirty consecutive days shall be considered an abandoned sign. A temporary change in ownership or management shall not be considered an abandoned sign unless the premises remain vacant for a period of ninety days. Correction or removal by the property owner on which the sign is located shall occur within thirty days' written notice by the development services department.

B.

Billboards. Billboards are prohibited. Billboards erected prior to adoption of this code shall comply with any city entitlements pertaining to such sign and the Outdoor Advertising Act.

C.

Conflict with Traffic Information. It is unlawful to erect, construct or maintain any outdoor advertising structure or sign for the purpose of advertising the goods, wares, merchandise or business of any person when the sign displays or makes use of the words "stop," "danger," or any other word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse traffic.

D.

Electronic Message Board Signs. Electronic message board signs are prohibited, with the exception of monument and wall signs in the "PF" public facilities district, and nonconforming electronic message board signs installed prior to the adoption of this section shall comply with all city entitlements authorizing such signs. The director may approve an administrative sign permit for an electronic message board monument or wall sign in the "PF" public facilities district. Alternatively, an electronic message board sign may be approved in conjunction with the granting of a site development permit or use permit pursuant to Chapters 18.13 and 18.14, respectively, of the Redding Zoning Ordinance in the "PF" public facilities district.

E.

Imitating Traffic Signals. Signs having red, green, or amber lights that could be confused with traffic signals shall not be permitted if designed or located to be seen primarily by vehicular traffic. Such colors are not prohibited where, because of the design of the sign or lights used, it is extremely unlikely that the lights could be confused with traffic signals by the driving public.

F.

Immoral or Unlawful Advertising Prohibited. It is unlawful to exhibit, post or display upon any outdoor advertising structure or sign, upon or in any window, upon any building in public view, any sign, picture or illustration that is characterized by emphasis on depicting or describing sexual activities or specified anatomical areas as defined in Section 18.61.020 of this code.

G.

Moving, Flashing and Windblown Signs. Signs within this classification include, but are not limited to, moving, rotating, flashing and windblown signs. Flashing signs shall include changes of color intensity and strings of light bulbs. Windblown signs shall include posters.

H.

Nonappurtenant/Off-Site Signs. Nonappurtenant/off-site signs are prohibited except for the following as allowed by this code: (1) legal nonconforming signs, (2) temporary real estate signs, (3) political signs, (4) public promotion signs and (5) off-site pole/monument signs.

I.

Portable Signs. Any signs or objects that are capable of movement, such as, but not limited to, A-frame signs and signs that are attached to devices capable of movement, such as having wheels, trailers or vehicles, are prohibited.

J.

Signs Mounted on Vehicles. No person shall park any vehicle, equipment (cranes or boom trucks) or trailer on a public right-of-way, on public property, or on private property so as to be visible from a public right-of-way that has attached thereto or located thereon any sign or advertising device for the basic purpose of providing advertisement of products and services or directing people to a business or activity located on the same or nearby property. This section is not intended to apply to standard advertising or identification practices where such signs or advertising devices are painted on or permanently attached to a business or commercial vehicle.

K.

Unsafe Signs. The owner of any sign, including its supporting structures, shall keep the sign in a safe condition at all times. If the building official finds that any sign regulated by this chapter is unsafe or insecure or is a menace to the public, he or she shall give written notice to the sign owner and to the property owner. If the sign owner fails to remove or alter the sign so as to comply with the standards set forth in this chapter within thirty days after such notice, the building official may cause the sign to be removed or altered to comply at the expense of the sign owner or owner of the property upon which it is located. The building official may cause any sign that is an immediate danger to persons or property to be removed summarily and without notice. No sign as regulated by this chapter shall be erected at any location where, by reason of its position, it will obstruct the view of any authorized traffic sign, signal or device.

L.

Other Prohibited Signs.

1.

Signs illegally placed in the public right-of-way.

2.

Illegal signs and signs that were constructed illegally under the city's sign code prior to the adoption of this chapter and signs that were annexed into the city but were illegally constructed under the county's ordinance.

3.

The following types of rapidly flashing signs which simulate motion or flash through a series of rapid light changes:

a.

Alternating Flashers. For the purposes of this section, alternating flashers are defined as flashing actions in which one message or lighting unit switches on at the exact instant that another lighting unit or message is extinguished. It is prohibited to have any "on phase" of an alternating flasher to have a time duration of less than two seconds. It is also prohibited to increase the total candlepower or luminescence of any "on phase" on the same sign by more than twenty-five percent.

b.

Traveling Effects. For the purposes of this section, a traveling effect is defined as a flashing effect achieved by switching evenly spaced lamps or neon tube sections off and on in a steady and repetitious sequence. The use of one-, two- or three-point flasher controls in the installation of traveling effects on a sign is prohibited. It is also prohibited to have the "on phase" of any individual lamps or neon tubes or groups of lamps or tubes within the traveling effect on for a time duration of less than two seconds.

c.

Scintillating Effects. For the purposes of this section, scintillating lighting effect in a sign is defined as an effect achieved by switching a group or groups of incandescent lamps or neon tubes on and off in a random pattern. It is prohibited to have any phase of the random pattern in which the variation in total candlepower or luminescence exceeds twenty-five percent from that of any other phase within the random pattern. The use of one-, two- or three-point flasher controls in the installation of scintillating effects in illuminated signs is expressly prohibited.

d.

On-and-Off Flashers. For the purposes of this section, on-and-off flashers are defined as illuminated signs or portions of signs in which one or more messages or lighting units are switched on and then off, and then on and then off at regular time intervals. It is expressly prohibited to have the "on phase" of an on-and-off flasher on for time duration of less than two seconds. It is also prohibited to have an "off phase" of an on-and-off flasher remain off for a time duration of less than two seconds. It is also prohibited to have an "off phase" of an on-and-off flasher remain off for a time duration of less than one second. If more than one on-and-off flasher is installed as part of the same sign face, there shall not be a variation in total candle power or luminescence of more than twenty-five percent in any combination of on-and-off phases of the multiple on-and-off flashers installed on the sign face.

e.

Speller Flashers. For the purposes of this section, speller flashers are defined as a number of individual incandescent lamps or neon tubes which produce an effect of spelling out the sign advertising message. As to the speller flashers, the time intervals between each phase in the total sequence shall not be less than one second.

(Ord. 2403 § 10 (part), 2008; Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

(Ord. No. 2570, § 5, 4-4-2017)

A.

All legally constructed signs and sign structures in existence prior to the adoption of this chapter, which were in compliance with all applicable provisions in effect at the time they were established but which no longer comply with the regulations herein, are considered nonconforming signs. Nonconforming signs shall be permitted to remain in existence, provided that such signs cannot be modified to increase any nonconforming aspect of the sign, including, but not limited to, sign area, height, and location. Modifications to support and frame components of the sign shall not be permitted. Any other modifications to the sign and/or sign structure, with the exception of changing sign copy within the existing frame or support, shall require approval of an administrative sign permit.

B.

Upon redevelopment or use intensification of any parcel with a nonconforming sign(s), said sign(s) shall be removed or made to conform to the requirements of this chapter.

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

(Ord. No. 2428, § 9, 1-20-2009)

The city may not issue a business license and/or building permit for any new on-premise sign if there is any illegal on-premise sign related to the business. This prohibition only applies if both of the conditions below exist:

A.

The illegal sign and proposed new sign is located within the same commercial complex which is zoned for commercial occupancy or use for which the permit or license is sought.

B.

The illegal sign is owned or controlled by the permit applicant, and the permit applicant would own or control the other proposed sign.

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

A.

Abatement and Removal of On-Premise Signs. By resolution, the city council may declare as a public nuisance and abate all illegal on-premise advertising signs. The city council may order by resolution that a special assessment and lien be levied against the property. Such abatement procedures shall follow the posting and hearing procedures set forth in Chapter 2.6 of the California Business and Professions Code.

The following types of illegal on-premise signs may be abated by this process:

1.

Any advertising display erected without first complying with all ordinances and regulations in effect at the time of its construction and erection or use;

2.

Any advertising display that was lawfully erected anywhere in the city, but whose use has ceased, or the structure upon which the display is located has been abandoned by its owner for a period of not less than ninety days;

3.

Any advertising display that has been more than fifty percent destroyed where the destruction is other than facial copy replacement and where the display has not been repaired within thirty days of the date of its damage;

4.

Any temporary advertising display that has exceeded the allowable display period of this chapter;

5.

Any advertising display that is a danger to the public or is unsafe;

6.

Any advertising display that constitutes a traffic hazard not created by relocation of streets or highways or by acts of the city or county.

B.

Removal of Signs in Public Right-of-Way.

1.

The development services director or transportation and engineering director may order the immediate removal of any unauthorized sign placed in the public right-of-way or on public property after documenting the sign location and attempting to contact the sign owner to get the owner to remove the sign.

2.

Signs that are confiscated by the city may be retrieved from the transportation and engineering department within ten calendar days after removal. After this time, the city may dispose of the sign without compensation to the owner.

3.

Signs that are placed on any city structure or street tree may be immediately removed by order of the police chief, development services director, or transportation and engineering director; and signs attached to city electric poles may also be removed by order of the electric utility director. Signs placed on such structures or street trees may be immediately disposed of without notification and compensation to the owner. The placement of such signs in the right-of-way is a violation and persons found guilty of such violations shall be subject to the penalties of this chapter.

(Ord. 2374 § 25, 2006: Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

(Ord. No. 2428, § 9, 1-20-2009)

A.

Any Violation a Public Nuisance. In addition to the penalties provided in this section, any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be and is declared to be a public nuisance and may be summarily abated by the city as such.

B.

Infractions. Any person who violates or causes or permits another person to violate any provision of this chapter is guilty of an infraction unless this code specifically determines otherwise.

C.

Liability for Expenses. In addition to the punishment provided by law, a violator is liable for such costs, expenses and disbursements paid or incurred by the city or any of its contractors in correction, abatement and prosecution of the violation.

D.

Penalties. Any person convicted of an infraction under the provisions of this section shall be punishable upon a conviction by a fine according to a schedule of fines adopted by the city council. Any violation beyond the third conviction within a one-year period may be charged by the city attorney as a misdemeanor, and the penalty for conviction of the same shall be the maximum allowable by state law.

E.

Separate Offenses for Each Day. Any violator shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the zoning regulations is committed, continued, permitted or caused by such violator and shall be punished accordingly.

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

Uses that are permitted with limitations or permitted upon approval of a discretionary permit in individual zoning districts (see Division III of this title) must comply with the regulations and standards in this chapter. Limited uses that fully comply with these standards are permitted as-of-right. Conditionally permitted uses must comply with the regulations and standards in order to obtain approval of a site development permit or use permit. Division III establishes procedures and requirements for review of limited uses and approval of conditional use permits.

(Ord. 2343 § 2 (part), 2005)

A.

Accessory Uses. An accessory use, structure, building, or tent shall be allowed only in conjunction with a principal use or building to which it relates under the same regulations as the main use in any zoning district. Accessory structures, buildings, or tents shall be designed to be of similar and compatible architecture and materials as the main buildings.

B.

Portable Commercial Accessory Structures.

1.

Except in the "SC," "RC," "GC," "GC-VR," "HC," "GI," "HI" and "PF" districts, the use of portable storage containers, such as shipping containers, storage sheds, temporary shade covers, trailer covers, and similar storage structures, shall be limited to use during construction or remodeling on sites where a valid building permit has been obtained. The maximum time period for use is one year from issuance of a building permit unless a longer period is authorized by a site development permit approved by the development services director. The structure must be removed within fourteen days of receiving an occupancy permit from the building official.

2.

Within the "SC," "RC," "GC," "GC-VR," "HC," "GI," "HI" and "PF" districts, portable storage containers may be utilized as an accessory use for long-term storage unrelated to construction or remodeling subject to the granting of a building permit. The portable storage containers shall not be located within any required setback, parking, or landscape areas, shall be located on a level surface paved with asphalt concrete or Portland cement concrete, shall be a neutral earth-tone color compatible with permanent buildings on the premises, shall be maintained in a good state of repair, shall be screened from view of public streets and residential districts, and may be served by electrical power for the purpose of interior lighting and/or climate control. A maximum of two portable storage containers not exceeding a total floor area of six hundred-fifty square feet shall be permitted for long-term storage on sites of one acre or less and a maximum of four portable storage containers not exceeding a total floor area of one thousand three hundred square feet shall be permitted for long-term storage on any site greater than one acre. Additional portable storage containers may be permitted subject to approval of a site development permit by the development services director.

C.

Residential Accessory Uses and Structures. When allowed, specific residential accessory uses and structures are subject to the provisions of this section. Residential accessory structures include any uses that are customarily related to a residence, including garages, greenhouses, storage sheds, studios, swimming pools, spas, workshops, detached covered decks and patios, detached uncovered decks and patios eighteen inches in height or greater, and similar structures. Structures under one hundred-twenty square feet in size not requiring a building permit, uncovered decks and patios under eighteen inches in height, and fences are not subject to the regulations in this section. Additional regulations for accessory dwelling units are located in Section 18.43.140, Accessory Dwelling Units. Private swimming pools, spas, and hot tubs are allowed as accessory uses to approved residential uses on the same site subject to the regulations in Section 18.40.160 of this code. Accessory storage structures within front yard or street-side yard setbacks are prohibited as noted in Schedule 18.31.030-C, Note (9).

1.

General Requirements. All accessory uses and structures are subject to the following standards, except where more restrictive requirements are established by other provisions of this section for specific uses.

2.

Relationship of Accessory Use to Main Use. Accessory uses and structures shall be incidental to the main use, and not alter the character of the site from that created by the main use. No lot may be used solely for an accessory building or structure (including pools) other than fencing.

3.

Attached Structures. An attached structure is not, by definition, an accessory structure. A structure shall be considered attached to a main structure if it is architecturally compatible with and made structurally a part of the main structure, including sharing a common wall or roof-line with the main structure. A structure attached with a breezeway connecting a door of the residence to a door of the detached structure, with a roof that is a minimum of eight feet in width and a maximum of fifteen feet in length, will be considered a part of the main structure for the purposes of this code. An attached structure shall comply with all requirements of this code applicable to the main structure, including, but not limited to setback requirements and height limits.

4.

Detached Structures in the RL Zone.

a.

Number of Structures. The number of detached accessory structures shall be limited to two, unless a site development permit is approved by the director for additional structures.

b.

Size. The floor area of detached accessory structures shall not exceed one thousand five hundred square feet of floor area per acre of land. Larger structures shall require approval of a site development permit by the director. In reviewing a request for additional size, the director may consider neighborhood compatibility, overall lot coverage, relationship of the accessory structure to the main structure and use, and any circumstances unique to the site or the neighborhood.

c.

Height. The maximum height shall not exceed twenty-five feet. Additional height may be permitted with approval of a site development permit by the director.

d.

Building Separation. Detached accessory structures requiring a building permit shall comply with the applicable building separation requirements of the most recent edition of the California Building Code as adopted by the City of Redding.

e.

Setbacks. Detached accessory structures shall meet the same setback requirements as the main building.

5.

Detached Structures in the RE, RS and RM Zones.

a.

Number of Structures. The number of detached accessory structures shall be limited to two unless a site development permit is approved by the director for additional structures.

b.

Size. Detached accessory structures shall not exceed a cumulative floor area of one thousand five hundred square feet unless a site development permit is approved by the director for a greater amount. In reviewing a request for additional size, the decision-making body may consider neighborhood compatibility, overall lot coverage, relationship of the accessory structure to the main structure and use, and any circumstances unique to the site or the neighborhood. The maximum lot coverage allowed by Schedule 18.31.030-C: Development Regulations - Residential Uses, shall not be exceeded.

c.

Height. The maximum height shall not exceed twenty-two feet. Additional height may be permitted with approval of a site development permit by the director.

d.

Building Separation. Detached accessory structures requiring a building permit shall comply with the applicable building separation requirements of the most recent edition of the California Building Code as adopted by the City of Redding.

e.

Setback Requirements.

¹  The director may apply the setback requirements for accessory structures sixteen feet or less in height to an accessory structure whose roof exceeds sixteen feet in height when he/she determines that the additional height is necessary to achieve architectural compatibility with the main dwelling(s) on the property. In all other cases, the setback requirements for accessory structures over sixteen feet in height shall apply.

* The front of the accessory structure shall not be located closer to the street than the front of the existing or proposed primary residence unless a zoning exception is approved.

** For a garage or carport that is directly accessible from an alley, that is a minimum of twenty feet in width, the minimum rear yard setback is five feet.

6.

Shade Structures. Shade structures, such as arbors, trellises, gazebos, and similar structures that are not typically used or designed for shading equipment, vehicles, or similar items, may be attached or detached from the residence. If detached, said structures may be placed adjacent to the main structure and need not be separated by a defined distance. However, such a structure located within ten feet of the residence will be considered part of the residence for the purposes of determining compliance with building-setback requirements. Shade structures located greater than ten feet from the residence shall be considered a detached structure subject to the regulations above in subsection C.5. of this section. Freestanding canopies, awnings, and similar temporary shade structures may not be erected or maintained within any front, side, or rear setback.

(Ord. 2403 § 11, 2008; Ord. 2381 § 12 (part), 2007: Ord. 2343 § 2 (part), 2005; Ord. No. 2570, § 2, 4-4-2017)

(Ord. No. 2590, § 13, 8-21-2018)

A.

Purpose. The purpose of this section is to provide standards for the location, development, and operation of adult entertainment businesses that, because of their nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are located in close proximity, thereby having a deleterious effect upon adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area.

B.

Applicability. Where allowed by Division III, Base District Regulations of this title, adult entertainment businesses are subject to the approval of a use permit in compliance with Chapter 18.14 (Use Permits) of this title.

C.

Standards. Adult entertainment businesses shall be located, developed, and operated in compliance with the following standards:

1.

Employees Required. It is the duty of the owners to ensure that at least one employee is on duty at all times that any patron is present inside the premises.

2.

Hours of Operation. The adult entertainment business shall not operate or be open between the hours of two a.m. and seven a.m.

D.

Lighting. The entire exterior ground, including the parking lot, shall be provided with lighting that is energy-efficient, stationary, and directed away from adjacent properties and public rights-of-way, consistent with Section 18.40.090 of this title.

E.

Live Entertainment. The following standards shall pertain to adult entertainment businesses that provide live entertainment depicting specified anatomical areas or involving specified sexual activities:

1.

No person shall perform live entertainment for patrons of an adult entertainment business except upon a stage at least eighteen inches above the level of the floor that is separated by a distance of at least six feet from the nearest area occupied by patrons, and no patron shall be allowed within six feet of the stage while the stage is occupied by an entertainer.

2.

The adult entertainment business shall provide separate dressing room facilities and entrances/exits to the premises that are exclusively dedicated to the entertainers' use.

3.

The adult entertainment business shall provide permanent access for entertainers between the stage and the dressing room facilities that is completely separated from the patrons. If the separate access is not physically feasible, the adult entertainment business shall provide a minimum four-foot-wide walk aisle for entertainers between the dressing room facilities and the stage, with a permanent railing, fence, or other barrier separating the patrons and the entertainers to prevent any physical contact between patrons and entertainers. Fixed rail(s) at least thirty inches in height shall be installed and permanently maintained, establishing the required separations between the entertainers and patrons.

F.

Permanent Barriers. Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance/exit to the adult entertainment business. All adult entertainment uses shall be contained entirely within an enclosed building.

G.

Separation/Measurement. It is unlawful to cause or allow the establishment of an adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor or sexual encounter establishment within:

1.

One thousand feet of another similar business;

2.

Six hundred feet of any religious institution, school, or public park;

3.

Four hundred feet of any property designated for residential use or used for residential purposes;

4.

The distance between any two adult entertainment businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any adult entertainment business and any property designated for residential use or used for residential, religious institution, school, or public park purposes shall be measured in a straight line, without regard to intervening structures, from the closest property line of the adult entertainment business to the closest property line of the property designated for residential use or used for residential, religious institution, school or public park purposes.

H.

A building in which an adult use is established shall be set back a minimum of thirty-five feet from any public sidewalk.

I.

No sign shall be placed, erected, or painted on the premises that depicts specified anatomical areas and/or specified sexual activities as defined in Chapter 18.61 of this title.

J.

Viewing Area.

1.

It is unlawful to maintain, operate, or manage or allow to be maintained, operated, or managed any adult arcade in which the viewing areas are not visible from a continuous main aisle or are obscured by a curtain, door, wall, or other enclosure. For purposes of this section, "viewing area" means the area where a patron or customer would ordinarily be positioned while watching the film, performance, picture or show.

2.

It is unlawful for more than one person at a time to occupy any individually partitioned viewing area or booth.

3.

It is unlawful to create, maintain or allow to be maintained any holes or other openings between any two booths or individual viewing areas for the purpose of providing viewing or physical access between the booth or individual viewing area.

K.

Minors and Intoxicated Persons Excluded. It is a misdemeanor for any person under the age of eighteen years or an obviously intoxicated person to enter or remain on the premises of an adult entertainment business at any time. A sign giving notice of this provision shall be prominently posted at each entrance to the premises of the adult entertainment business.

(Ord. 2343 § 2 (part), 2005)

The keeping of animals is consistent with the rural lifestyle emphasized in low-density residential development districts and can enhance the rural charm of these districts and areas. It is also appropriate that hen chickens and bees be allowed within a more urban environment to the extent that they do not constitute a nuisance to neighboring properties. To permit the keeping of animals and ensure that their presence does not create an undue burden on neighboring residents, the following standards will apply, unless otherwise provided in the applicable zoning district.

A.

The keeping of cats, dogs, pot-bellied pigs, and other household pets for noncommercial purposes and the keeping of bees for noncommercial and commercial purposes is permitted in accordance with Title 7 of the Municipal Code.

B.

For noncommercial purposes, the keeping of the following animals shall be permitted in districts zoned "RL," "RE," and "RS." No slaughtering or processing shall be permitted in these zoning districts. The minimum site area of the parcel shall be as specified, and the number of animals allowed is subject to the requirements of subsections (D) and (E) below.

C.

All animal enclosures, including corrals, pens, feed areas, paddocks, uncovered stables and similar enclosures are subject to the following setback requirements: (1) enclosures shall not be within fifteen feet of a side or rear property line (except when adjacent to an alley) or within fifty feet of a front property line, and enclosures shall not be located closer to any residence on an adjoining property than the distance specified below:

1.

Large animals:

* Maximum number allowed is three sows and one boar (Pigs/hogs do not include pot-bellied pigs as defined in Redding Municipal Code Section 7.04.010.).

2.

Small animals:

Exception - Hen Chickens. The side and rear property line setbacks may be reduced to five feet, and the setbacks from a residence on an adjoining property may be reduced to thirty feet for the keeping of hen chickens if the resident(s)/property owner(s) on abutting property or properties provide written permission to the city, in a form acceptable to the development services director, that reduced setbacks are acceptable to them. The zoning clearance provisions of Section 18.12.030.A.2. shall be utilized for this purpose. Permission granted in accordance with this section may be revoked within sixty days by the person or persons residing on or owning the abutting property by notifying the development services department in writing, as well as those persons maintaining hen chickens within setback areas. Upon revocation, the setbacks established by this section shall be adhered to.

D.

Animals are described in terms of "units" in this section to further define the relationships among animals of various sizes and to determine the number of animals allowed on a given parcel. Animal types are defined in Chapter 18.61.

1.

Large animals: Each large animal is equal to one animal unit.

2.

Small animals:

a.

Ten poultry equal one animal unit.

b.

Ten rabbits equal one animal unit.

c.

Two turkeys or other similar size fowl equal one animal unit.

d.

The keeping of specific animals is subject to the following special standards:

(1)

Poultry: All poultry shall be contained in coops or pens and not be allowed to run free on any site. Rooster chickens over three months in age are prohibited. The maximum number of poultry allowed is twenty (two animal units).

(2)

Rabbits: All rabbits shall be contained in coops or pens and not be allowed to run free on any site. The maximum number of rabbits allowed is twenty (two animal units). These restrictions do not apply to rabbits kept solely as pets.

(3)

Turkeys: All turkeys shall be contained in coops or pens and not be allowed to run free. The maximum number of turkeys allowed is four (two animal units).

E.

The maximum animal density on any site is determined by the lot size.

1.

Lots up to nineteen thousand nine hundred ninety-nine square feet in area: Up to six hen chickens over three months old provided that a residence is located on the lot and the keeping of such animals complies with this section and Section 7.04.120.

2.

Lots twenty thousand to thirty-nine thousand, nine hundred ninety-nine square feet in area: Small animals only at a density equal to one animal unit.

3.

Lots forty thousand square feet in area: Large and small animals at a density equal to two animal units. One additional animal unit is allowed for each additional twenty thousand square feet of lot size.

4.

Fractional animal units can be combined to equal a full unit. For example, five poultry and five rabbits equal one animal unit.

F.

Provision of Needs. Every person who keeps an animal that normally resides outside, or that is kept outside unsupervised for extended periods of time, shall ensure that the animal is provided with an enclosure that meets the following criteria:

1.

Has a sufficient area for mobility and exercise as appropriate;

2.

Contains shelter that will provide protection from heat, cold, and wet that is appropriate to the animal's weight and type of coat. Such shelter must provide sufficient space to allow the animal the ability to turn around freely and lie in a normal position;

3.

Must be in an area providing sufficient shade to protect the animal from the direct rays of the sun at all times;

4.

Must regularly clean and sanitize pens and run areas and remove and properly dispose of excreta daily.

G.

Unsanitary Conditions Prohibited. No person shall keep an animal in an unsanitary condition within the city. Conditions shall be considered unsanitary where the keeping of the animal results in an accumulation of fecal matter, an odor, insect infestation, or rodent attractants which endanger the health of the animal or any person or which disturb or are likely to disturb the enjoyment, comfort, or convenience of any person in or about any dwelling, office, hospital, or commercial establishment.

H.

Questions regarding the classification of animals not specifically mentioned are to be referred to the director for a determination as to their appropriate category (household pet, small animal, large animal, or exotic or wild animal).

I.

The keeping of exotic or wild animals may be permitted subject to issuance of a site development permit and any required Fish and Wildlife permits.

(Ord. 2343 § 2 (part), 2005)

(Ord. No. 2456, § 3, 5-4-2010; Ord. No. 2565, § 4, 2-7-2017; Ord. No. 2590, § 14, 8-21-2018)

Automobile repair and other heavy vehicle service shall be located, developed, and operated in compliance with the following standards. A site development permit is required when the use is adjacent to any "R" district.

A.

Minimum Lot Size. Seven thousand five hundred square feet.

B.

Buffer Yards. A commercial buffer yard shall be provided adjacent to "R" districts, consistent with Section 18.40.020 of this title.

C.

Noise. All automobile repair uses performing body and fender work or similar noise-generating activity shall be enclosed in a masonry or similar building with sound-attenuating construction to absorb noise. Air compressors and similar equipment shall be located inside a building and shall not result in exceedance of noise limits contained in this code at residential property lines.

D.

Lighting. Security lighting shall be directed upon the premises following regulations in Section 18.40.090 of this title.

E.

Litter. The premises shall be kept in an orderly condition at all times. No used or discarded automotive parts or equipment or permanently disabled, junked or wrecked vehicles may be stored outside the main building.

F.

Work Areas. All work shall be performed within the building, including disassembly and assembly activities.

G.

Hazardous Materials. All necessary permits for storage/use of hazardous materials shall be obtained.

H.

Bay Doors. Bay doors should not directly face onto a public street or residential district. The intent of this section is that such doors not be visible from these areas to the maximum extent practicable given the circumstances of the particular site.

(Ord. 2343 § 2 (part), 2005)

Bed and breakfast inns (B&Bs) are subject to the requirements of this section. The intent of these provisions is to ensure compatibility between the B&B and the residential zoning district in which it is located. A site development permit issued by the director is required to establish a B&B in a residential district.

A.

Number of Rooms. No more than five rooms for rent may be allowed within any "RL," "RE," "RS" or "RM" district.

B.

Appearance. If a residence is converted to a B&B in an "RL," "RE" or "RS" district, the exterior appearance of the structure shall be of a residential nature and shall not be significantly altered from its original character.

C.

Limitation on Services Provided. Meals shall be limited to overnight guests. There shall be no separate or additional kitchens for guests.

D.

Health Department Permit Required. A site development permit shall not be issued without clearance from the Shasta County health department.

E.

Owner Residence Required. The establishment in any "RL," "RE" or "RS" district shall be occupied by the owner of the property.

F.

Signs. Signs shall be limited to one on-site nonilluminated sign not to exceed four square feet in area and shall be installed and maintained in compliance with Chapter 18.42 (Signs) of this title.

G.

Review and Revocation. The use is subject to review at any time and can be revoked after a hearing and finding by the planning commission that the use is detrimental to the neighborhood. Revocation proceedings shall be conducted in accordance with Chapter 18.11 (Common Procedures) of this title.

(Ord. 2343 § 2 (part), 2005)

(Ord. No. 2428, § 10, 1-20-2009)

A.

Purpose. The purpose of this section is to establish standards for daycare centers for children in the "RE" and "RS" districts. The intent is to ensure that the facility is compatible with the surrounding neighborhood. To this end, it should be noted that such facilities located on collector or arterial streets and/or are in conjunction with an approved religious, school, or other quasipublic or public facility are generally more appropriate than other sites within a neighborhood. The planning commission may place requirements on such centers that exceed those listed in this section as necessary to ensure compatibility with the neighborhood. Where sufficient compatibility cannot be achieved, applications may be denied.

B.

Development Standards.

1.

Minimum Lot Size. Twenty thousand square feet.

2.

Minimum Lot Frontage. Eighty feet.

3.

Maximum Building Height. Twenty-two feet (limited to one story).

4.

Sky Plane. Applies at all interior property lines (see Section 18.40.150 of this title).

5.

Buffer Yards. Applies at all interior property lines based on the standards established for "Office Adjacent to Residential" (see Section 18.40.020 of this title).

6.

Building and Parking Setbacks. Front and street side—fifteen feet; interior side—ten feet; front and street side yards, except driveways, shall be intensively landscaped.

7.

Outdoor Activity Area. A usable on-site outdoor activity (playground) area appropriate to the needs of the children under care shall be provided.

8.

Compatibility of Appearance. The building and grounds shall replicate a single-family residential style to the greatest extent feasible. The planning commission shall have significant latitude in requiring conformance with this provision.

9.

Off-Street Parking and Loading. To ensure that sufficient parking is provided on-site, the following requirements shall apply: one parking space for every ten children, plus one space for each teacher/employee, plus two clearly marked loading spaces.

10.

Hours of Operation. Normal hours of operation shall be limited to seven thirty a.m. to six thirty p.m. Monday through Friday. The planning commission may consider other operating hours with approval of the use permit.

11.

Applicable Codes. The facility shall meet all health, fire and building codes applicable to its operation.

12.

License and Permit. The facility shall be state-licensed, and a permit to operate shall be provided to the city.

(Ord. 2343 § 2 (part), 2005)

Any eating and drinking establishment, retail trade, bank or savings and loan, or service use providing drive-in or drive-through facilities shall be designed and operated to effectively mitigate problems of air pollution, congestion, excessive pavement, litter, noise, and appearance in the following manner. Any drive-through facility requires a site development permit.

A.

Pedestrian walkways and handicap access shall not intersect the drive-through drive aisles.

B.

Drive-through aisles shall meet the width, turning radii, and other requirements of Section 18.41.050, Drive-Up Facilities. Each drive-through entrance with direct connection to a street shall be at least sixty feet from an intersection of public rights-of-way, measured at the closest intersecting curbs. Each entrance to an aisle and the direction of flow shall be clearly designated by signs and/or pavement markings or raised curbs outside the public right-of-way.

C.

Each drive-through aisle shall provide sufficient stacking area as required by Section 18.41.050, Drive-Up Facilities.

D.

The provision of drive-through service facilities shall not justify a reduction in the number of required off-street parking spaces except as allowed by Schedule 18.41.040-A of Chapter 18.41, Off-Street Parking and Loading.

E.

All service areas, trash storage areas, and ground-mounted and roof-mounted mechanical and utility equipment shall be screened from ground-level view from adjacent properties or public rights-of-way.

F.

Menu boards located within thirty-five feet of a public street or with a sign face visible from a public street or other public space shall not exceed twenty square feet in sign area or six feet in height and shall be screened from public view to the extent feasible. Menu boards located greater than thirty-five feet from a public street and with a sign face that is not visible from a public street or other public space shall not exceed thirty-two square feet in area or six feet in height. Noise levels shall be no more than fifty decibels, four feet between the vehicle and the speaker, and shall not be audible above daytime ambient noise levels beyond property boundaries. Further, a drive-in or drive-through facility shall not increase the existing ambient noise levels above the standards contained in the Noise Element of the General Plan and this code. A sound level analysis shall be submitted to the director with all development proposals which include outdoor speakers when the use is adjacent to an "R" District. All speakers shall be directed away from any "R" District.

G.

Drive-through facilities shall have an architectural style and project design consistent with the main building or center. The architecture of any drive-through facility shall provide compatibility with surrounding uses in terms of form, materials, color, landscape, and scale.

H.

Each drive-through aisle shall be appropriately screened with a combination of decorative walls and landscape to prevent headlight glare and direct visibility of vehicles from adjacent streets and parking lots.

I.

Drive-through aisles shall not be located within a front or street-side setback area.

(Ord. 2381 § 12 (part), 2007: Ord. 2343 § 2 (part), 2005)

(Ord. No. 2606, § 14, 6-18-2019)

Where allowed by Division III, Base Zoning District Regulations, a use permit may be approved for a gas station or convenience gas mart meeting the following standards:

A.

New Facilities. New facilities shall comply with the following standards:

1.

Minimum site area: thirty thousand square feet;

2.

Minimum frontage: one hundred feet on each street;

3.

The following pump island setbacks shall apply:

a.

Parallel to a Street. No portion of a pump island oriented parallel or substantially parallel to a street shall be located within thirty-five feet from the street right-of-way. However, a canopy or roof structure over a pump island and access aisles may encroach to within twenty feet of the street right-of-way.

b.

Perpendicular to a Street. No portion of a pump island oriented perpendicular to a street shall be located closer than fifty feet from the street property line. A larger distance may be required to satisfy on-site circulation requirements for parking and emergency-vehicle access.

4.

Within any "neighborhood commercial" district, the main building and pump island canopy shall be integrated and shall have pitched roofs (minimum 4:12 pitch).

5.

The roof and any pump island canopy within a multi-tenant retail center shall integrate the architectural element of the main buildings.

6.

Landscape shall comprise a minimum of ten percent of the gas station site area, exclusive of required setbacks, and shall be provided and permanently maintained in compliance with the following regulations, as well as those outlined in Chapter 18.40 (Development and Site Regulations) of this title.

7.

A minimum twenty-foot-wide inside dimension and six-inch-high curbed landscaped planter area shall be provided along the front and street side property lines, except for openings required for vehicular circulation.

8.

An on-site planter area of not less than three hundred square feet shall be provided at the corner of two intersecting streets. Landscape shall not exceed a height of thirty inches at this location.

9.

Additional landscape may be required where necessary to prevent visual impacts to adjacent properties.

10.

All exterior light sources, including canopy, perimeter, and flood, shall be energy-efficient, stationary, and shielded or recessed within the roof canopy to ensure that all light is directed away from adjacent properties and public rights-of-way. Lighting shall not be of a high intensity so as to cause a traffic hazard, be used as an advertising element, or adversely affect adjacent properties in compliance with Chapter 18.40 (Development and Site Regulations) of this title.

11.

Openings of service bays should not face directly onto a public right-of-way or any residential district to the extent practical given the circumstances of the particular site.

12.

All activities and operations shall be conducted entirely within an enclosed structure, except as follows:

a.

The dispensing of petroleum products, water and air from pump islands;

b.

The provision of emergency service of a minor nature.

13.

No vehicle may be parked on the premises for the purpose of vehicular sales.

14.

No used or discarded vehicle parts or equipment, or disabled, junked or wrecked vehicles shall be located in any open area outside the main structure.

(Ord. 2343 § 2 (part), 2005)

Editor's note— Ord. No. 2584, § 14, adopted March 20, 2018, repealed § 18.43.100 in its entirety. Former § 18.43.100 pertained to medical marijuana cultivation at private residences, and derived from Ord. No. 2450, § 4, adopted January 19, 2010; and Ord. No. 2529, § 2, adopted July 21, 2015.

The City of Redding recognizes that some citizens may desire to use their places of residence for some limited activity other than as a residence and supports such effort. However, the city believes that the need to protect the character of residential neighborhoods is of paramount concern. To that end, limited commercial-type activities are allowed in any residential dwelling unit only to the extent that, to all outward appearances, neighbors or passersby will not be aware of the activity. Home occupations are permitted within all residential zoning districts subject to obtaining the appropriate business license; they also shall meet the following standards:

A.

Standards.

1.

The activity is one that is consistent with the use of the premises as a dwelling.

2.

There shall not be any exterior evidence of the conduct of a home occupation.

3.

A home occupation shall be conducted only within an enclosed living area of the dwelling unit or the garage and shall not occupy more than twenty-five percent of the gross floor area of the dwelling. A home occupation shall not be permitted out-of-doors on the property or in any accessory structure utilized to satisfy the off-street parking requirements of Chapter 18.41 (Off-Street Parking and Loading) of this title.

4.

Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers, or causes fluctuation in line voltage outside the dwelling unit, or which creates noise not normally associated with residential uses shall be prohibited.

5.

No equipment or process shall be used in home occupations which create uncustomary noise, vibration, glare, or odors such that they are detectable to normal senses off the lot.

6.

Except for a cottage food operation, only the actual residents of the dwelling unit shall engage in the home occupation; no employees shall be permitted on the premises in connection with the home occupation except those who are residents of the property. Pursuant to Section 113758 of the Health and Safety Code, a cottage food operation may employ one nonhousehold member as an employee.

7.

Customers or clients shall not be permitted at the residence except to receive educational, therapeutic, or counseling services where not more than two clients shall receive service at any one time, or for a cottage food operation. Pursuant to Section 113758 of the Health and Safety Code, direct sales may occur from a cottage food operation.

8.

The conduct of any home occupation shall not reduce or render unusable areas provided for the required off-street parking or prevent the number of cars designated to be parked in a garage from doing so.

9.

A home occupation shall not create greater vehicular or pedestrian traffic beyond that which is normal in a residential district nor in any case require the parking of more than one additional vehicle at any one time.

10.

Storage and use of a limited amount of materials, goods, supplies or equipment related to the operation of the home occupation is permitted provided that the limitations delineated in subsections (A)(3) and (A)(5) of this section shall not be exceeded. The display of goods or storage of uncustomary amounts of flammable materials shall be prohibited.

11.

Not more than one commercial motor vehicle, together with equipment, tools and stock-in-trade maintained therein, is permitted where such motor vehicle is used as the owner's means of transportation. Commercial vehicles exceeding the rated capacity stated in Chapter 11.24 of this code are prohibited.

12.

On-site storage/parking of oversized or specialized commercial vehicles and the storage of materials in excess of the space limitation provided herein is prohibited.

13.

Advertising on the site of a home occupation is prohibited except that a commercial vehicle permitted herein may have signs affixed which identifies the business name only and does not identify the address of the business.

14.

On-site training for promotional sales shall not be permitted.

15.

Any deliveries shall be by standard mail or package carrier.

16.

The cultivation, distribution, manufacturing, processing, testing and storage of cannabis and products containing cannabis for commercial purposes shall not be permitted.

B.

Special Review. Persons with demonstrated physical handicaps may be permitted special review by the Development Services Director. A resident may request waiving one or more, or a portion thereof, of the requirements of subsections (A)(1) through (A)(15) of this section by seeking a zoning exception pursuant to Chapter 18.15 of this title. Notification of the request shall be made to property owners within one hundred feet of the subject property. In reviewing the request, the director shall consider the applicant's physical inability to function within the requirements of subsections (A)(1) through (A)(15) of this section. Determinations made by the director may be appealed to the Board of Administrative Review as provided for in Chapter 18.11 (Common Procedures) of this code.

C.

Enforcement. Enforcement of the provisions of this chapter may include the issuance of a citation and fine, or other legal remedy as provided for in Title 1 of this code. If a business is operating in violation of this code, it must terminate immediately.

D.

Duration of Home Occupation.

1.

Home occupations may be conducted unless one or more of the following occur(s):

a.

The home occupation does not commence within one year of receipt of the business license;

b.

The use ceases for a period greater than six months;

c.

The original business license holder moves from the approved location;

d.

There is a violation of the home occupation performance criteria;

e.

There is a violation of any law or ordinance in connection with the home occupation.

2.

In the event a home occupation changes, a new business license shall be obtained.

E.

Inspections. Applicants for home occupations shall permit a reasonable inspection of the premises by appropriate city staff to determine compliance with this chapter.

F.

Home Occupation Affidavit. Prior to issuance of a business license by the city clerk, the applicant shall attest that he/she understands the above requirements by signing the home occupation affidavit available at the development services department.

G.

Cottage Food Operation. A cottage food operation, as defined and as limited in Section 113758 of the Health and Safety Code, is an allowable home occupation subject to the standards set forth in this section.

(Ord. 2343 § 2 (part), 2005)

(Ord. No. 2490, § 2, 2-5-2013; Ord. No. 2584, § 15, 3-20-2018)

The following supplemental regulations are intended to provide opportunities for the placement of manufactured homes in "R" districts, consistent with state law, and to ensure that such manufactured homes are designed and located so as to be harmonious within the context of the surrounding houses and neighborhood.

A.

General Requirements. Manufactured homes may be used for residential purposes. Manufactured homes also may be used for temporary uses subject to approval of Chapter 18.17 (Temporary Use Permits) of this title.

B.

Design Criteria. A manufactured home shall be compatible in design and appearance with residential structures in the vicinity and shall meet the following standards:

1.

It must be built on a foundation system approved by the building official.

2.

It must have been constructed after January 1, 1990, and must be certified under the National Manufactured Home Construction and Safety Act of 1974; the unit's skirting must extend to the finished grade.

3.

Exterior siding must be compatible with adjacent residential structures, and shiny or metallic finishes are prohibited.

4.

Roof coverings shall have a Class "A," "B" or "C" rating as required by the most recent edition of the California Building Code as adopted by the city of Redding.

5.

The roof must have eaves or overhangs of not less than one foot.

6.

The floor must be no higher than thirty-six inches above the exterior finished grade.

7.

Required covered parking shall be compatible with the manufactured home design and with other buildings in the area.

(Ord. 2343 § 2 (part), 2005)

Outdoor sales and equipment rental establishments, where the business is not conducted entirely within a structure or enclosed area shall comply with the following standards:

A.

Temporary Outdoor Display/Sales. The temporary outdoor display and sale of merchandise shall comply with Chapter 18.17 (Temporary Use Permits) of this title.

B.

Permanent Outdoor Display/Sales. The permanent outdoor sales display of merchandise requires approval of a site development permit or other permit as may be required in accordance with Division III of this title and shall comply with the following minimum standards:

1.

Location of Sales Area. The outdoor sales shall be located entirely on private property outside any required setback, fire lane, fire access way, or landscaped planter in zoning districts which do not have required setbacks; a minimum setback of fifteen feet from any public right-of-way is required.

2.

Screening Required. All nonauto-
mobile/vehicle outdoor sales and activity areas shall be screened from adjacent public rights-of-way and residential districts by decorative solid walls, solid fences, or landscaped berms.

3.

Location of Merchandise. Displayed merchandise shall occupy a fixed, specifically approved and defined location that does not disrupt the normal function of the site or its circulation and does not encroach upon required parking spaces, driveways, pedestrian walkways, or required landscaped areas. These displays shall also not obstruct sight distance or otherwise create hazards for vehicle or pedestrian traffic.

C.

General Requirements. The following requirements shall apply to all outdoor display/sales and storage activities:

1.

Outdoor Storage Areas. A site development permit issued by the director is required for all permanent outdoor storage areas. Such areas shall be entirely enclosed and screened from streets and residential districts as required by subsection (B)(2) of this section in a manner prescribed by the director.

2.

Signs. There shall be no signs in addition to those allowed by Chapter 18.42 of this title that are visible from the public street.

3.

Height of Stored Materials. The outdoor storage shall not exceed the height of perimeter fencing provided that materials may be increased one foot in height above the fence for every ten horizontal feet that separate the material from the fence. This requirement does not apply in the "GI" and "HI" districts. The approving body, based on circumstances particular to a development site, may further restrict the height of stored materials if the storage area is adjacent to a public street or residential district.

4.

Relationship to Main Use. The sales shall be directly related to a business establishment on the parcel.

D.

Exceptions. The provisions of this section do not apply to the following:

1.

Sales or distribution of newspapers or periodicals in compliance with the provisions of the Redding Municipal Code;

2.

Sales from the public right-of-way in compliance with the provisions of the Redding Municipal Code;

3.

Sales not within a structure or enclosed area in compliance with Chapter 18.17 (Temporary Use Permits) of this title.

(Ord. 2343 § 2 (part), 2005)

A.

Purpose and Applicability. The purpose of this section is to comply with the general laws of the State of California pertaining to accessory dwelling units as a means to increase the supply of smaller affordable housing and to recognize that energy-efficient accessory dwelling units are more affordable to the occupants of the dwelling. Redding Municipal Code Section 18.43.140 (or "this section") establishes standards for the development of accessory dwelling units and junior accessory dwelling units to ensure that they remain compatible with the existing neighborhood.

The provisions of this section apply to all lots that are occupied or proposed to be occupied with a single-family or multi-family dwelling use. Accessory dwelling units and junior accessory dwelling units may exceed the allowable density for the lot upon which the unit is located, and are a residential use that is consistent with the existing General Plan and zoning regulations of the lot. Any application that meets the requirements of this section will be approved without a discretionary permit or a public hearing subject to meeting all applicable provisions of this Code and California Building Codes.

B.

Location. An accessory dwelling unit may be constructed in any District allowing single-family or multi-family uses if the existing or proposed use of the property is a residential use. A junior accessory dwelling unit may be constructed in any District allowing single-family or multi-family uses if the existing or proposed use of the property is a single-family use. Applications for accessory dwelling units and junior accessory dwelling units may impose conditions if: (1) the proposed unit would result in adverse impacts to any real property that is listed in the California Register of Historic Places; and/or (2) the accessory dwelling unit will not be in compliance with all provisions of this section.

C.

Development Standards. Permits for accessory dwelling units or junior accessory dwelling units will only be issued if they comply with the following development standards set forth in this section. An application for an accessory dwelling unit shall include elevations for all building sides which show all openings, exterior finishes, roof pitch, and siding and roof materials for the existing residence. Accessory dwelling unit and junior accessory dwelling units within an existing building shall only be subject to current building codes in effect at the time of permit submittal.

1.

Lot Size. Lot size is not applicable to accessory dwelling units and junior accessory dwelling units.

2.

Unit Size.

a.

Detached or Attached Accessory Dwelling Units. Each lot meeting the requirements of this section shall be entitled to one detached or attached accessory dwelling unit meeting the requirements of the California Building Code for efficiency units and not exceeding one thousand square feet.

b.

Units Within Proposed or Existing Spaces. Each lot meeting the requirements of this section shall be entitled to one accessory dwelling unit or junior accessory dwelling unit within the space of a proposed or existing single-family dwelling or accessory structure. An expansion no more than one hundred fifty square feet to accommodate ingress and egress is allowed beyond the physical dimensions of the existing accessory structure.

i.

Junior accessory dwelling units. The unit size of junior accessory dwelling units shall be no more than five hundred square feet.

c.

Attached Accessory Dwelling Units to Existing Main Dwellings. The living area of an attached accessory dwelling unit shall not exceed fifty percent of the living area of the existing main dwelling unit or eight hundred square feet, whichever is greater.

3.

Lot Coverage. Lot coverage is not applicable to accessory dwelling units and junior accessory dwelling units.

4.

Height and Setbacks.

a.

Detached and Attached Accessory Dwelling Units. Detached and attached accessory dwelling units shall comply with the following table:

1. Unless a recorded easement restricts setback to a greater setback.

2. If detached, the front of the accessory dwelling unit shall not be located closer to the street than the front of the existing or proposed primary residence unless a zoning exception is obtained.

3. Unless the accessory dwelling unit is contained within the existing space of a legally constructed main dwelling.

b.

Conversion of Existing Accessory Structures. When an existing and legally constructed structure is converted or partially converted to an accessory dwelling unit or junior accessory dwelling unit, any nonconforming setbacks of said structure may be maintained.

5.

Architectural Compatibility. The accessory dwelling unit shall incorporate the same or similar architectural features, building materials, roof pitch, and colors as the main dwelling unit.

6.

Separate Entrance. Junior accessory dwelling units shall include a separate entrance from the main entrance to the proposed or existing single-family dwelling.

7.

Efficiency Kitchen. At a minimum, junior accessory dwelling units shall include an efficiency kitchen which shall include all of the following:

a.

A cooking facility with appliances.

b.

A food preparation counter and storage cabinets that are reasonable size in relation to the size of the unit.

8.

Off-Street Parking. One covered or uncovered off-street parking space shall be provided for the accessory dwelling unit. The required parking space may be provided as a tandem parking space located within the front-yard setback within a driveway or as a standard space located within the front-yard setback within a paved area immediately adjacent to the driveway. Additional parking shall not be required in any of the following instances:

a.

The accessory dwelling unit is located within one-half mile of public transit.

b.

The accessory dwelling unit is located within an architecturally and historically significant historic district.

c.

The accessory dwelling unit is a part of the existing main dwelling unit or an existing accessory structure.

d.

When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

e.

When there is a car share vehicle located within one block of the accessory dwelling unit.

f.

When on-site parking is removed to allow for an accessory dwelling unit.

9.

Utilities. Separate electric meters are required for accessory dwelling units unless the unit is contained within the existing space of the main dwelling unit or an accessory structure, has independent exterior access from the main dwelling unit, and the side and rear setbacks are sufficient for fire safety. Separate water and gas meters are allowed at the option of the property owner.

D.

Deed Restrictions.

1.

From January 1, 2020, until January 1, 2025, any application for construction of or conversion into an accessory dwelling unit is not required to be owner occupied or otherwise comply with the provisions set forth in subsection (D)(3).

2.

Prior to January 1, 2020, and after January 1, 2025, subsection (D)(3) will apply to accessory dwelling units.

3.

Before obtaining a building permit, the property owner shall file with the county recorder a declaration or agreement of restrictions which has been approved by the city attorney as to its form and content, containing a reference to the deed under which the property was acquired by the owner stating that:

a.

The accessory dwelling unit shall be considered legal only so long as either the primary residence or the accessory dwelling unit is occupied by the owner of the property;

b.

The accessory dwelling unit cannot be sold separately;

c.

The restrictions shall be binding upon any successor in ownership of the property, and lack of compliance may result in legal action against the property owner.

E.

Preexisting Accessory Dwelling Unit. Accessory dwelling units existing prior to adoption of this section, the structure/use of which is nonconforming, may be considered conforming, if the director issues a zoning clearance if it is determined that the accessory dwelling unit complies with the requirements of this section, which may include compliance with Building and Fire Codes.

F.

Conversion of an Existing Dwelling to an Accessory Dwelling Unit. In cases where an existing legally constructed single-family or multi-family dwelling is located on a parcel zoned for single-family or multiple-family use, the existing dwelling, which is intended to become the lawful accessory dwelling unit, must comply with all the requirements of this Code, including size limitations. The primary residence shall be constructed in accordance with the provisions of the applicable zoning district and other requirements of this Code.

G.

Existing Multi-family Dwelling. In cases where an existing legally constructed multi-family dwelling is located on a parcel zoned for multi-family use, portions of the structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, may be converted into an accessory dwelling unit. However, the number of accessory dwelling units allowed within the existing multi-family dwelling shall not exceed more than twenty-five percent of the existing number of dwelling units. Additional to the existing multi-family dwelling, a maximum of two detached accessory dwelling units with a maximum height of sixteen feet and minimum four-foot side and rear yard setbacks are allowed.

H.

Use. Properties developed with Accessory Dwelling Units may not be leased/rented for periods of thirty days or less and shall not be used as a short-term rental as defined by Section 18.43.180. Units may not be sold separately from the primary unit on the parcel, except as provided by the Government Code of the State of California.

I.

Nonconformities. Nonconforming zoning conditions, existing at the time of permit submittal for an accessory/junior dwelling unit, may be continued and shall not be subject to Chapter 18.46, Nonconforming Uses, Structures, Sites, and Parcels.

(Ord. 2381 § 12 (part), 2007: Ord. 2343 § 2 (part), 2005)

(Ord. No. 2472, § 2, 12-7-2010; Ord. No. 2503, § 7, 2-4-2014; Ord. No. 2572, § 4, 5-2-2017; Ord. No. 2606, § 15, 6-18-2019; Ord. No. 2631, § 1, 12-15-2020)

Editor's note— Ord. No. 2572, § 4, adopted May, 2, 2017 changed the catchline of § 18.43.140 from "Second dwellings" to "Accessory dwelling units."

All self-storage warehouses (miniwarehouses) in the "general commercial" and "heavy commercial" districts shall comply with the property development standards for the district in which they are to be located and with the standards listed below. Such facilities in an "industrial" district need only comply with the regulations of that district. Where there is a conflict between the provisions of this section and the base district regulations, the more stringent shall apply. The provisions of this section shall apply to all new self-storage warehouse uses and to any new construction of facilities to expand an existing facility.

MINIMUM DEVELOPMENT STANDARDS.

A.

Business Activity. No retail, repair or other commercial use shall be conducted out of the individual rental storage units.

B.

Enclosure. Outside storage is prohibited. No boats, trailers, and/or other vehicles shall be parked or otherwise stored outside the storage units except in areas approved for such uses.

C.

Hazardous Materials. The facility management shall inform all tenants of the restrictions and requirements as part of the rental registration process and written rental agreement. This includes, but is not limited to, conditions restricting storage of hazardous materials, limitations on the use of the storage units, and restriction on vehicle maneuvering. The restrictions shall also be posted at a conspicuous location within the front of each rental unit.

D.

Building Setbacks. Warehouse buildings shall be set back a minimum of twenty feet from any public street. The setback area shall be landscaped in accordance with Chapter 18.47, Landscape Standards. Developments abutting a residential district shall meet the buffer yard requirements of Section 18.40.020.

E.

Wall Treatments and Design. Where exterior walls are required or proposed, they shall be constructed of decorative block, concrete panel, stucco, or similar material. The walls shall include architectural relief through variations in height, the use of architectural "caps," attractive posts, or similar measures. A gate(s) shall be decorative iron or similar material. Chain link or wood is not appropriate.

F.

Building Design and Materials. The following requirements apply to building elements that are visible from a public street (including State highways) or an "R" district:

1.

Building Walls. Building walls shall be constructed of tinted or split face block, stucco, or similar nonmetal material. A change in wall plane of at least twelve inches shall be used at least every sixty feet in horizontal building length.

2.

Roofs. Building roofs shall have a minimum pitch of four to twelve. Metal roofs shall have a flat finish to reduce reflective glare. A change in roof plane of at least twelve inches shall be used at least every sixty feet.

G.

Additional Criteria. Where this code requires a site development permit or a use permit, the planning commission may apply additional conditions on the project as set forth in Chapter 18.13, Site Development Permits.

(Ord. 2343 § 2 (part), 2005)

(Ord. No. 2590, § 15, 8-21-2018)

A.

Purpose. The purposes of this section are to establish standards to ensure that the development of homeless shelters (shelters) does not adversely impact adjacent parcels or the surrounding neighborhood and that they are developed in a manner which protects the health, safety, and general welfare of the nearby residents and businesses. The following performance standards shall apply to shelters. A use permit is required to establish a shelter that does not meet the location, development, and/or operational standards of this section or that would provide more beds than allowed by this section.

B.

Location. A shelter may be established in any "HC" Heavy Commercial District provided that the property boundaries are located more than five hundred feet from a residential district, public park, or school or three hundred feet from any other shelter (measured from property line to property line) unless it is separated therefrom by a state highway or railroad right-of-way.

C.

Maximum Number of Beds. A maximum of twenty-four beds may be provided.

D.

Property Development Standards. The development shall conform to all property-development standards of the "HC" zoning district (Chapter 18.36), as well as Chapters 18.40 (Site and Development Regulations), 18.41 (Off-Street Parking and Loading), 18.42 (Signs), and 18.47 (Landscape Standards), except as may be modified by these standards.

E.

Management. At least one facility manager shall be on-site at all hours that the facility is open. Additional support staff shall be provided, as necessary, to ensure that at least one staff member is provided in all segregated sleeping areas, as appropriate.

F.

Length of Stay. Temporary shelter shall be available to residents for no more than one hundred eighty days in any twelve-month period.

G.

Hours of Operation. Shelters shall establish and maintain set hours for client intake/discharge, which must be prominently posted on-site.

H.

On-Site Parking. On-site parking shall be provided in the ratio of one space for every six adult beds, plus one space for each manager/assistant.

I.

Lighting. Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way.

J.

Required Facilities. Shelters shall provide the following facilities:

1.

Indoor client intake/waiting area of at least one hundred square feet if client intake is to occur on-site. If an exterior waiting area is provided, it shall be enclosed or screened and designed to prevent queuing in the public right-of-way.

2.

Secure areas for personal property.

3.

Laundry facilities adequate for the number of residents.

4.

Telephone(s) for use by clients.

5.

Interior and/or exterior common space for clients to congregate shall be provided on the property at a ratio of not less than fifteen square feet per client, with a minimum overall area of one hundred square feet. Common space does not include intake areas.

K.

Optional Facilities/Services. Shelters may provide one or more of the following types of common facilities for the exclusive use of the residents:

1.

Central cooking and dining room(s).

2.

Recreation room.

3.

Counseling center.

4.

Child-care facilities.

5.

Other support services.

L.

Shelter Provider. The provider shall demonstrate, to the satisfaction of the director, that it currently operates a shelter within the State of California, or has done so within the past two years, or that it has management staff available that has a minimum of two years' experience in the operation of homeless shelters. The provider shall comply with the following requirements:

1.

Staff and services shall be made available to assist residents in obtaining permanent shelter and income.

2.

An operational plan (plan) shall be provided for the review and approval of the director. The approved plan shall remain active throughout the life of the facility, and all operational requirements covered by the plan shall be complied with at all times. At a minimum, said plan shall contain provisions addressing the areas outlined below:

a.

Security and safety-addressing both on- and off-site needs, including provisions to ensure the security and separation of male and female sleeping areas, as well as any family areas within the facility.

b.

Loitering/trespass/noise control-with specific measures regarding operational controls to minimize trespass on private property or the congregation of clients in the vicinity of the facility during hours that clients are not allowed on-site and/or 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 adjacent property.

d.

Staff training programs-to provide adequate knowledge and skills to assist clients in obtaining permanent shelter.

e.

Communication and outreach-with objectives to maintain effective, ongoing communication and response to operational issues which may arise within the neighborhood as may be identified by the general public or city staff.

f.

Adequate and effective screening-with the objective of determining admittance eligibility of clients.

g.

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

Modifications to the operational plan may be requested at any time and shall be subject to the review and written approval of the director.

(Ord. No. 2438, § 4, 9-1-2009)

This section is intended to provide standards for the construction of new residential "air space" condominium projects, including similar common-interest developments and community apartment projects, when allowable in accordance with applicable zoning, the general plan, and the Subdivision Map Act.

A.

Required Approvals. The following discretionary approvals are required to support development of a new residential condominium project:

1.

A tentative map and application processed in accordance with Redding Municipal Code (RMC) Chapter 17.20.

2.

A preliminary condominium plan to be considered for approval by the planning commission, along with the tentative map, and processed in accordance with RMC Section 17.30.020.

B.

Project Size. The minimum area for a residential condominium project shall be one acre, unless the planning commission determines, based on the merits of a particular development, that the project is viable on a smaller site, consistent with the other requirements of this section.

C.

Building and Site Design. Residential condominium projects shall comply with the adopted design criteria for multiple-family development as specified under Section 18.40.050, Design criteria. Residential condominium projects shall also comply with the building height, setbacks, and other zoning-development standards applicable to multiple-family development in the "RM" residential multiple family district, including, but not limited to, the standards identified under Schedule 18.31.030-C.

D.

Common Ownership and Maintenance Association. Residential condominium projects shall have and maintain a functional property-owners' association established in accordance with California Civil Code, Section 1350 et seq., which shall:

(1)

Own all common property within the development.

(2)

Provide administration and management for the maintenance of common improvements, lands, and facilities, including, but not limited to: private driveways; sidewalks; pathways; common areas; on-site and abutting right-of-way landscape and irrigation systems; common laundry facilities; fencing; private streetlights; exterior of all buildings; swimming pool and other recreational facilities; and any other private common facility, utility, improvement, or natural area.

(3)

Pay public utilities not billed separately to each unit.

(4)

Enforce standards within the development.

The articles of incorporation and covenants, conditions, and restrictions (CC&Rs) for the property-owners' association shall be reviewed and approved by the city prior to recording.

E.

Private and Common Open Space.

1.

Private. Each dwelling unit in a residential condominium project shall include private open-space area, consistent with the standards applicable to multiple-family development as outlined in Schedule 18.31.030-C.

2.

Common. All residential condominium projects shall include common open space, consisting of landscape areas, walks, patios, swimming pools, barbeque areas, shade elements, playgrounds, turf, or other such improvements as are appropriate to enhance the outdoor environment of the development. Except for approved natural open-space areas, all areas not improved with buildings, parking, walkways, driveways, trash enclosures, and similar physical features shall be developed as common areas with the type of attributes described above. The minimum amount of common open space required shall be determined based on the applicable general plan classification as follows:

3.

The covenants, conditions, and restrictions and homeowners' association document shall require the continued maintenance of all common open-space areas.

F.

Off-Street Parking. Off-street parking shall be provided in accordance with Chapter 18.41 as applicable to the "Condominium (residential)" land use classification; covered parking is required for two or more bedroom units in accordance with Schedule 18.41.040-A. The ongoing parking of recreational vehicles on-site shall be limited to approved outdoor large-vehicle storage and parking areas.

G.

Private Storage Space. Each unit shall have at least one hundred cubic feet of enclosed, weatherproofed, and lockable private storage space, with a minimum horizontal surface area of twenty-five square feet in addition to guest, linen, pantry, and clothes closets customarily provided within a unit. Such space shall be provided in any location as approved by the planning commission at the time of approval but shall not be divided into more than two locations.

H.

Laundry Facilities. A laundry area shall be provided in each unit for a washer and dryer or, if common laundry areas are provided, such facilities shall consist of not less than one automatic washer for each five units or fraction thereof and one automatic dryer for each eight units or fraction thereof.

I.

Utilities. All units within a new residential condominium shall be served by separate public water, sewer, gas and electric connections and meters. Each unit shall have access to its own meter(s) and heater(s), which shall not require entry through another unit. Each unit shall have its own electrical panel, or access thereto, for all electrical circuits which serve the unit. All electrical service lines shall be located underground.

(Ord. No. 2469, § 23, 11-2-2010)

A.

The purpose of this section is to establish an appropriate permitting process and standards for short-term rental of dwelling units throughout the City; to provide a visitor experience and accommodation as an alternative to the typical hotel, motel, and bed and breakfast accommodations customarily permitted in the City; to minimize potential negative secondary effects of short-term rental use on surrounding residential neighborhoods; to retain the character of the neighborhoods in which any such use occurs; and ensure the payment of required transient occupancy taxes.

B.

Types of short-term rentals. For purposes of this section, the following short-term rental facilities are established:

1.

Hosted homestay. An owner-occupied "Dwelling Unit," as defined by Section 18.61.020 under "Residential Structure Types" and excluding apartment units and duplexes, with more than one habitable room, where, for compensation, individual overnight room accommodations are provided for a period of less than thirty days.

2.

Vacation rental. An entire "Dwelling Unit," as defined by Section 18.61.020 under "Residential Structure Types" and excluding apartment units and duplexes, where, for compensation, overnight accommodations are provided for a period of less than thirty days and the owner may or may not reside within the dwelling unit for the term of the rental.

C.

Short-term rental permit requirements. No person shall use, advertise, or market for use, any dwelling unit on any parcel in any zoning district for short-term rental purposes without first obtaining approval as required by this section. The following approval process is established:

1.

Hosted homestay: This use is permitted within all zoning districts subject to obtaining a Letter of Determination from the director and providing an affidavit certifying that the owner understands, agrees to, and is in compliance with the requirements of this section. Applicants may be required to provide a site plan or other information determined necessary by the director to determine compliance with this section and shall pay an application fee as may be established by resolution of the city council. Permits for Hosted Homestays shall expire twelve months from issuance and are subject to a requirement for renewal in accordance with this section.

2.

Vacation rental: This use is permitted within all zoning districts subject to obtaining a site development permit issued by the director in accordance with the provisions of Chapter 18.11, Common Procedures and Chapter 18.13, site development permits of this Code, except that Site Development Permits for vacation rentals shall expire twelve months from issuance and are subject to a requirement for renewal in accordance with this section.

D.

Districts in which permitted. The regulations of this chapter apply to short-term rentals in all zoning districts.

E.

General requirements—hosted homestay.

1.

No more than one dwelling unit on a lot may be used at any one time.

2.

A maximum of two rooms may be available for rent at any time. A floor plan shall be submitted with the affidavit indicating the rooms for rent.

3.

Occupancy shall be limited to a maximum of two persons per rented bedroom. The rental shall be limited to a maximum of one hundred eighty rental days per calendar year.

4.

The owner shall be the applicant, and other than for purposes of daily routines, the applicant must occupy the residence at all times when rooms are being provided for rent.

5.

At the time of permit renewal, the property owner shall attest they understand and agree to the hosted homestay requirements by signing the hosted homestay affidavit available at the development services department and any payment due must be remitted.

6.

Except as set forth in Section 18.43.060 as it relates to licensed bed and breakfast inns, no owner shall cook, prepare or serve for consumption food of any kind for consumption by the short-term-rental tenant.

7.

The applicant shall state in the application the number of on-site parking spaces available to tenants, but in no case shall it be less than two on-site spaces. Short-term rental tenant parking spaces shall be within the primary driveway or other on-site location. No tenant parking in excess of this number of on-site parking spaces is permitted. No tenant is permitted to park on the street. External changes to a property such as converting significant areas of front yard landscape for purposes of meeting parking requirements is not allowed.

8.

All required on-site parking spaces (including garage parking if identified at time of approval) shall be accessible and available to short-term-rental tenants at all times during the rental periods.

9.

Short-term rentals shall meet all applicable building, health, fire and related safety codes at all times, including provision of working smoke and carbon monoxide detectors.

10.

The applicant shall post emergency evacuation instructions and "house policies" within each short-term-rental tenant bedroom. The house policies shall be included in the rental agreement, and shall be enforced by the applicant. At a minimum, the house policies should:

a.

Reinforce the City of Redding's Noise Standards (RMC Section 18.40.100) by establishing outdoor "quiet hours" between 10:00 p.m. and 7:00 a.m. to minimize disturbance to neighboring residences. Outdoor activities are prohibited during "quiet hours."

b.

Require that short-term-rental tenant vehicles be parked on the premises, not the street in compliance with this section.

11.

The property shall not be used to host non-applicant related weddings, parties, and other similar events.

12.

On-site advertising signs or other displays indicating that the residence is being utilized as a short-term rental are prohibited.

13.

No person shall advertise a short-term rental on any media platform when such advertisement or notice contains an inaccurate or misleading statement of the requirements of, or indicate amenities not allowed by the Redding Municipal Code including the number of parking spaces.

14.

All advertisements shall include the number of permissible parking spaces.

15.

A City business license shall be obtained and transient occupancy taxes paid in accordance with Chapter 4.12 as required. All advertising for any short-term rental shall include the City of Redding transient occupancy tax number and the City of Redding business license number assigned to the applicant. With submittal of transient occupancy taxes, the applicant shall also submit a statement indicating the number of short-term-rental tenant stays, and the number of short-term-rental tenants for the reporting period.

16.

The permit is not transferrable to a subsequent property owner or to another property.

17.

This section shall not be construed as waiving or otherwise impacting the rights and obligations of any individual, group, or the members of any homeowner's association, as defined, to comply with or enforce CC&R's and no permit shall be issued when it is demonstrated by substantial evidence that issuance of a permit will be in contradiction to any recorded CC&R's or other record providing record notice of a restriction on the use of the property.

F.

General requirements—vacation rentals.

1.

With the exception of subsections 1—6 listed in Section 18.43.180E above, the general requirements provisions for hosted homestays shall apply to vacation rentals.

2.

The following additional provisions shall also be applicable to vacation rentals which may be supplemented by requirements established by the director with approval of the required site development permit as necessary to maintain compatibility of the use with the surrounding properties.

a.

A vacation rental shall not be permitted on properties as follows:

(1)

Containing an accessory dwelling unit with a building permit application submitted on or after January 1, 2020 in compliance with Government Code Section 66323, as may be amended from time to time; or

(2)

Within a six hundred foot radius of an existing permitted vacation rental except that, at the discretion of the director or appellate body as the case may be, within a three hundred foot radius of an existing vacation rental when there is a buffer such as an arterial, rail right-of-way, flood control channel, stream corridor or open space easement between the vacation rental units.

b.

The total number of vacation rentals in the City shall not exceed four hundred rentals at any one time.

c.

The owner shall be the applicant and any natural person signing an application on behalf of an owner shall have legal authority to bind the owner.

d.

A vacation rental shall not be rented to multiple separate parties concurrently.

e.

The applicant shall keep on file with the City the name, telephone number, and email address of a local contact person who shall be responsible for responding to questions or concerns regarding the operation of the vacation rental. This information shall be posted in a conspicuous location within the vacation rental dwelling. The local contact person shall be available twenty-four hours a day, seven days a week, to accept messages and respond physically to the vacation rental within forty-five minutes, if necessary. The name and contact information of the local contact person will be made available to the public. The contact information shall be kept current at all times.

f.

Occupancy shall be limited to a maximum of two persons per rented bedroom.

g.

The maximum number of persons on the property at any time shall be limited to sixteen persons.

h.

Prior to issuance of a permit, a physical inspection of the dwelling unit and property shall be conducted by City staff.

i.

Each operator shall maintain a record of each short-term-rental tenant's vehicle(s). The record shall minimally consist of the rental period, the license plate, make, model, and color for each vehicle. The record shall be made available at any time upon request by the City.

j.

Notwithstanding Subdivision B(2), an apartment unit or duplex located in the Downtown Redding Specific Plan area may be permitted as a vacation rental, subject to the following:

(1)

For any parcel located within the Downtown Redding Specific Plan Core District, the requirements listed in Subdivisions E(7), E(8), E(10)(b), E(14), F(2)(a)(2), and F(2)(i) shall not apply.

(2)

For any parcel located within the Downtown Redding Specific Plan Mixed-Use District and adjacent to a Residential Single-Family District, the requirement listed in Subdivision F(2)(a)(2) shall apply, but only as measured to vacation rentals located in that Residential Single-Family District.

(3)

For any parcel located within the Downtown Redding Specific Plan Mixed-Use District with a legal nonconforming apartment or duplex use, the off-street parking requirements listed in Subdivisions E(7), E(8), E(10)(b), E(14), and F(2)(i) shall not apply.

G.

Application required.

1.

Where a site development permit is required by this section, applicants for a short-term rental use shall pay the application fee established by resolution of the City Council and apply for a permit in accordance with the provisions of Chapter 18.11 (Common Procedures), except that notices of the vacation rental application shall be sent to all owners of real property within six hundred feet of the applicant's property for a ten business day notification period.

2.

In making a determination to approve, conditionally approve, or deny any application, including an application for renewal, for a hosted homestay or vacation rental, the director, or appellate body as the case may be, may also consider any factor pertinent to the health, safety and welfare of the immediate neighborhood or public generally including, but not limited to, ability to comply with the provisions set forth in this section, evidence of operation in violation with this section, complaints of neighbors, code enforcement activity, timeliness of business permit renewal, timeliness or non-payment of transient occupancy tax, proximity of the property to group homes, residential care facilities, and other neighborhood and site characteristics.

3.

Appeal of any determination to approve or deny any application, including an application for renewal, shall be in accordance with Section 18.11.090, except for the appeal period shall be ten business days.

H.

Suspension and termination.

1.

The director, or appellate body, shall apply the criteria set forth in Section 18.43.180G.2. in determining whether any permit issued pursuant to this section shall be suspended or terminated. Notice shall be provided to the applicant pursuant to the procedure set forth in Section 18.11.060.

2.

Appeal of the suspension or termination by the director of a vacation rental permit shall be in accordance with the requirements of Section 18.11.090.

3.

Appeal of the suspension or termination by the director of a hosted homestay permit must be made to the planning commission within ten calendar days of service of the director's decision, and appeal of the planning commission decision to the city council must be made within ten calendar days of service of the planning commission's determination. Decisions of the city council are final, and all challenging a decision of the director must exhaust all remedies set forth in this Section 18.43.180H.3. prior to bringing a challenge pursuant to Code of Civil Procedure section 1094.5.

4.

Service shall be deemed effective upon the earliest of: 1) announcement by the approving or appellate body of the decision in the presence of the appellant; 2) personal service on the appellant of a written notice of decision; or 3) deposit of a written notice of decision in the United States Mail.

I.

Legal nonconforming uses.

1.

Continuation and abandonment of short-term rentals which are legal nonconforming uses shall not be governed by Section 18.46.020. The sole allowances for continuation of a legal nonconforming use as a short-term rental are by timely renewal of a valid and current short-term rental permit or as follows:

a.

A temporary hardship allowance of not more than six months may be granted by the director of development services, or designee, if: 1) a medical condition of the permittee, spouse, domestic partner, or immediate family member jeopardizes the ability of the owner to operate the short-term rental; or 2) the death of a spouse, domestic partner, or immediate family member of the permittee jeopardizes the ability of the permittee to operate the short-term rental.

b.

A long-term rental allowance may be granted by the director of development services, or designee, if the permittee provides proof of a long-term lease of twelve months or longer prior to the expiration of the short-term rental permit. This allowance may be repeated if the conditions set forth in this subsection are met. The length of an allowance shall not exceed the term of the lease or twenty-four months, whichever is shorter. If an allowance is granted pursuant to this subdivision, the existing permit shall terminate per its term. However, the director of Development Services shall consider said permit to be "active" solely for the purpose of allowing the permittee to reapply for a permit after the allowance granted pursuant to this subdivision has lapsed.

J.

Enforcement and remedies. Enforcement of the provisions of this section include the civil and equitable remedies as permitted by state law, the issuance of a citation and fine, or other legal remedy as provided by Chapter 1.12 through 1.15, inclusive, of the Redding Municipal Code. Upon notification by the City, any short-term rental operating in violation of the requirements of this section must terminate operations immediately. Further, a Site Development Permit issued under the authority of this section may be revoked in accordance with the procedures established in Chapter 18.11 (Common Procedures).

(Ord. No. 2543, § 2, 2-16-2016; Ord. No. 2570, § 7, 4-4-2017; Ord. No. 2601, § 1, 3-19-19; Ord. No. 2611, § 4, 9-17-2019; Ord. No. 2660, § 1, 6-20-2023; Ord. No. 2678, § 1, 6-17-2025)

This chapter is intended to comply with the provisions of the California Surface Mining and Reclamation Act (SMARA) of 1975, Chapter 9, Public Resources Code. The specific purposes of these regulations are to:

A.

Establish regulations for the extraction of minerals, which is essential to the continued economic well-being of the city and to the needs of the society;

B.

Require reclamation of mined lands to prevent or minimize adverse effects on the environment, including fisheries and riparian habitat, and to protect the public health and safety;

C.

Ensure that requirements for reclamation of mined lands permit continued mining of minerals and provide for the protection and subsequent beneficial use of the mined and reclaimed land;

D.

Recognize that surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that reclamation operations and the specifications may vary accordingly.

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

The provisions of the California Surface Mining and Reclamation Act of 1975 (P.R.C. Sec. 2710, et seq.), P.R.C. Section 2207, and the California Code of Regulations implementing the act (14 Cal. Admin., Sec. 3500, et seq.), as either may be amended from time to time, are made a part of this chapter by reference, with the same force and effect as if the provisions therein were specifically and fully set out herein, excepting that when the provisions of this chapter are more restrictive than state provisions, this chapter shall prevail.

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

The following activities are exempt from the provisions of this chapter:

A.

Excavations or grading conducted for farming, for on-site building construction with a valid building permit, or for the purpose of restoring land following a flood or natural disaster;

B.

Prospecting and exploration for minerals of commercial value where less than one thousand cubic yards of overburden is removed in any one location of one acre or less provided that a use permit and grading permit from the city and streambed alteration permit (Section 1600, et al., permit) from the State Department of Fish and Wildlife have been obtained for such prospecting and exploration activities;

C.

Any surface mining operation that does not involve either the removal of a total of more than one thousand cubic yards of minerals, ores, and overburden or involve more than one acre in any one location provided that a use permit from the city and streambed alteration permit (Section 1600, et al., permit) from the State Department of Fish and Wildlife have been obtained for such surface mining operations;

D.

Surface mining operations that are required by federal law in order to protect a mining claim if such operations are conducted solely for that purpose;

E.

Such other mining operations that the city determines to be of an infrequent nature that involve only minor surface disturbances and are categorically identified by the state board pursuant to Sections 2714(d) and 2758(c) of the California Surface Mining and Reclamation Act of 1975;

F.

Grading activities permitted by a lawful grading permit issued by the City that are not intended for mineral recovery.

G.

Prospecting by simple methods, including manual use of a gold pan and small hand tools and/or electronic metal detecting equipment, in a manner that has little or no detectable affect on land or waterway. Use of motorized equipment and processes, such as sluicing or dredging, shall not apply.

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

(Ord. No. 2428, § 11, 1-20-2009; Ord. No. 2590, § 16, 8-21-2018)

A.

Any person, unless exempted by provisions of this chapter, who proposes to engage in surface mining operations as defined in this chapter shall obtain prior to the commencement of such operations: (1) a use permit to mine from the city; (2) approval of a reclamation plan; and (3) approval of financial assurances for reclamation in accordance with the provisions set forth in this chapter and as further provided in Article 5, California Surface Mining and Reclamation Act of 1975.

B.

No person who has obtained a vested right to conduct a surface mining operation prior to January 1, 1976, shall be required to secure a permit pursuant to the provisions of this chapter as long as such vested right continues; provided, that no substantial change is made in that operation except in accordance with the provisions of this chapter. A person may be deemed to have such vested rights if, prior to January 1, 1976, the person has:

1.

Obtained any required permit or other authorization to do surface mining;

2.

Commenced surface operations and incurred substantial expenses for work and necessary materials. Expenses incurred in obtaining the enactment of an ordinance in relation to a particular operation, incurred in obtaining a permit or incurred in the acquisition of property or easements, shall not be deemed liabilities for work or materials.

C.

No person who has a surface mining operation, meeting the definition of a "nonconforming use" under Chapter 18.46 (Nonconforming Uses, Structures, Sites, Parcels and Signs) of the Redding Municipal Code, shall be required to obtain a use permit under the provisions of this chapter, unless the nonconforming use is changed or expanded.

D.

A person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976, or who meets the definition of a nonconforming use of the Redding Municipal Code shall submit to the department and receive, within a period of three months, approval of a reclamation plan for operations to be conducted after January 1, 1976, unless a reclamation plan was approved by the city or Shasta County prior to January 1, 1976, and the person submitting that plan has accepted responsibility for reclaiming the mined lands in accordance with that plan. Nothing in this chapter shall be construed as requiring the filing of a reclamation plan for, or the reclamation of, mined lands on which surface mining operations were conducted prior to, but not after, January 1, 1976.

E.

Use permits for surface mining activities shall be applied for under the terms of Chapter 18.14 (Use Permits) of this title. Such applications are also subject to review under the terms of the California Environmental Quality Act and may be subject to the "FP" floodplain overlay district regulations and applicable state regulations relating to fisheries, wildlife and air quality.

F.

All applications for a reclamation plan for surface mining operations shall be made on forms provided by the office of the department.

G.

All applications shall demonstrate conformity with the general plan. Use permits for surface mining may only be issued in areas designated on the city general plan as "General Industry" or "Extractive Industry."

H.

The use permit application for surface mining and reclamation shall consist of and contain the following information:

1.

One reproducible sepia, mylar, or other reproducible site plan submitted on a map eighteen inches by twenty-six inches in size and drawn to a scale of no smaller than one inch equals eight hundred feet. The site plan shall show the following information:

a.

Date, north point and scale;

b.

Sufficient legal description of the land to define the boundaries of the site;

c.

A key map indicating the location of the site in relation to the surrounding area;

d.

The existing topography of the land proposed to be mined using contour intervals of not more than five feet and of not less than two feet where the grade of the land is less than five percent. Contours of adjacent land shall also be shown whenever the surface features of the land affect the design of the surface mine. The contour plan shall be an accurate and current representation of the topography;

e.

The location of all streams, roads, trees, wetland areas, railroads, and utility facilities within or adjacent to, such lands and the location of all proposed access roads to be constructed in conducting the mining operation;

f.

The location of the one-hundred-year floodplain boundary of any stream if it is on or within five hundred feet of the site;

g.

The proposed location of all mining equipment, sorters, crushers, storage piles, haul roads, access routes to public streets, office buildings, sheds, fire-suppression equipment, water sources, settling ponds, etc.

h.

A plan showing how any stream channel would be utilized and how equipment would be protected in the event of a one-hundred-year flood.

2.

One reproducible sepia, mylar, or other reproducible reclamation plan submitted on a map eighteen inches by twenty-six inches in size and drawn to a scale of no smaller than one inch equals eight hundred feet. The reclamation plan shall show the following information:

a.

Date, north point and scale;

b.

Sufficient legal description of the land to define the boundaries of the site;

c.

A key map indicating the location of the site in relation to the surrounding area;

d.

The proposed topography of the land when the mining activity ceases using contour intervals of not more than five feet and of not less than two feet where the grade of the land is less than five percent. If the proposed reclamation plan includes the use of lakes, the contour map shall show the proposed lakebed;

e.

All areas of proposed uncompacted fill;

f.

All areas of proposed compacted fill;

g.

The proposed reclamation land-use with theoretical development of the area in a manner consistent with the reclamation plan. Representative structures, parking areas, landscape and other land-use characteristics shall be shown;

h.

A phasing plan showing the approximate areas to be mined and reclaimed on an annual basis;

i.

Current aerial photos at a scale of one inch equals one hundred feet. The aerial photos shall clearly show all areas to be disturbed by the mining operation. Any areas on the property outside the marked disturbance area shall be undisturbed when the mining operation is complete.

3.

Written descriptions of the following:

a.

The environmental setting of the site of operations and the effect that possible alternate reclaimed site conditions may have upon the existing and future uses of surrounding lands;

b.

Effects of the project on public health and safety, giving consideration to the degree and type of present and probable future exposure of the public to the site;

c.

The anticipated quantity and type of minerals for which the surface mining operation is to be conducted. (This portion is to be prepared by a registered geologist);

d.

The proposed dates for the initiation and termination of such operation;

e.

The maximum anticipated depth of the surface mining operation;

f.

A description of the general geology of the area and a detailed description of the geology of the area in which surface mining is to be conducted. This may be presented in map form;

g.

The names and addresses of the owners of all surface and mineral interests of the affected lands;

h.

A description of the manner in which reclamation adequate for the proposed use or potential uses will be accomplished, including: a description of the manner in which contaminants will be controlled and mining waste will be disposed and a description of the manner in which rehabilitation of affected streambed channels and streambanks to a condition minimizing erosion and sedimentation will occur;

i.

An assessment of the effect of implementation of the reclamation plan on future mining in the area;

j.

A statement that the person submitting the plan accepts responsibility for reclaiming the mined lands in accordance with the reclamation plan;

k.

A title report for all parcels involved current within sixty days of the application date;

l.

The reclamation plan shall address and shall establish compliance criteria for the areas of environmental concern listed in Section 2773(b) of the Surface Mining and Reclamation Act of 1975 and any other areas of concern adopted by the state board pursuant to that section. These compliance criteria shall be at least as stringent as standards established by the state board and shall be in accordance with generally accepted engineering practices.

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

As a product of the nature of a surface mining operation, there is the potential for the creation of dust, noise, glare, vibration, and turbidity; impacts from the use of heavy trucks; impacts on residential areas due to extended hours of operation during the construction season; and the creation of land use compatibility problems. In addition, related operations, such as asphalt plants, can create odors.

In order to mitigate these potential impacts, any use permit for a new or expanded surface mining operation shall contain the following requirements:

A.

Setback. Setback from areas designated on the city or Shasta County general plan as residential shall be sufficient to protect the residential areas from any impacts from the environmental factors listed in this section. The applicant shall be responsible for:

1.

Studies to determine the appropriate setback;

2.

A mitigation monitoring program to ensure that the setback achieves the goal of eliminating the identified impacts.

B.

Dust. All activities at the site of a surface mine shall be conducted in a manner to control fugitive dust emissions through the use of dust palliative agents or the use of water to mitigate off-site impacts. The applicant shall fund a monitoring program to ensure that dust mitigations are eliminating off-site impacts and shall obtain all necessary permits from the air quality district.

C.

Odor and Noxious Pollution. No person shall discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public or which endanger the comfort, repose, health or safety of any such person or the public or which cause, or have the natural tendency to cause, injury or damage to business or property. The applicant shall fund a complaint-responsive, monitoring program to ensure that odor mitigations are eliminating off-site impacts.

D.

Noise. Noise from a surface mining operation shall not exceed the levels specified in Table 1 of the noise element of the Redding general plan. The industrial noise complaints section of the noise element of the Redding general plan shall apply to surface mining operations so long as the operations are not expanded. The applicant shall fund a complaint-responsive, monitoring program to ensure that noise is not exceeding permitted levels.

E.

Glare. Glare from night lighting shall not be visible on any public street or in any area shown as "Residential" on the Redding general plan. Should a verifiable complaint of glare be received, the night lighting must be reoriented or shielded to prevent the glare or night operations must cease.

F.

Vibration. Vibration transmitted through the air and the ground shall be undetectable at the boundaries of the property containing the surface mining operation. Should a verifiable complaint of vibration beyond the property boundaries be received, the operation causing the vibration shall cease.

G.

Blasting. Blasting shall require a use permit or an amendment to an existing use permit.

H.

Water Quality. As part of obtaining a surface mining use permit from the City, the applicant shall obtain all necessary permits from the Regional Water Quality Control Board (RWQCB). All surface mining use permit applications will be forwarded to the RWQCB for review of compliance with National Pollution Discharge Elimination Standards and the State's waste discharge requirements. The applicant will also be required to comply with the State Department of Fish and Wildlife criteria to protect fisheries and wildlife in streams adjacent to or flowing through the project site.

I.

Floodplains. Gravel- and sand-extraction operations may be permitted within a flood fringe provided that such uses comply with all provisions of Chapter 18.51, "FP" Floodplain Overlay District, and that necessary permits have been obtained from the State Department of Fish and Wildlife and the Army Corps of Engineers (including a streambed alteration permit, Section 1600, et al.).

J.

Paved Access. In order to prevent the spread of dirt and other materials to public streets, the applicant shall provide a strip of paving at least seventy-five feet long prior to entering the public street at all access points to the property. Should the seventy-five feet of paving prove inadequate to prevent the spread of materials onto public streets, the paving shall be extended or a truck-washing program instituted.

K.

Street Structural Section and Access. The applicant will be required to make any necessary off-site street improvements to ensure that public streets providing access to the operation shall have adequate structural section and design characteristics for the projected vehicle trips created by the mining operation. Additionally, alternative access routes may be required to be constructed if existing access routes pass through residential areas, by schools, or in some other way pass through areas inappropriate for frequent heavy commercial traffic. Required improvements may include, but are not limited to, traffic studies, studies of existing street structural sections, reconstructing public streets, construction of new public streets, and installation of traffic-control devices.

L.

Screening. The entire surface mining area shall be screened from public view in all directions with a solid six-foot-high fence, solid vegetative hedge, or equivalent method approved by the planning commission. Screening is not required from adjacent parcels if they are both designated as "Industrial" or "Heavy Commercial" type development on the city or Shasta County general plan and developed with an industrial or heavy commercial use. Screening shall be consistently maintained such that the screening does not itself become a visual blight.

Additionally, standards contained in Chapter 16.40 of the Redding Municipal Code relating to clearing, grading, fills, and excavation may be applicable to restore and stabilize surface areas.

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

(Ord. No. 2590, § 17, 8-21-2018)

Surface mining operations that annex to the city that are either legal, nonconforming uses or permitted uses by the county at the time of annexation may continue to operate provided that there is not any expansion of the use, that the county use permit clearly defines the physical limits of the operation, and that the county reclamation plan meets the requirements of the county's SMARA ordinance at the time the permit was issued. Expansion would require a use permit issued under the terms of this chapter. If the annexed surface mining operation does not have an approved reclamation plan by the county prior to annexation, then within three months of notice by the city, the operator or owner shall submit a reclamation plan to the city for approval pursuant to this chapter. Failure to submit a plan shall be grounds for revocation of the existing permit or termination of the use by the city.

Where a surface mining operation annexes to the city that has an approved reclamation plan by the county, the approved plan shall be honored by the city as long as the surface mining operation is not expanded. At the time of expansion of a use, the reclamation plan shall be amended and submitted to the city for approval pursuant to this chapter.

Financial assurances must be reviewed annually for adequacy, thus preannexation financial assurances may require modification to meet the standards of this chapter.

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

Upon submission of an application for a permit to mine, approval of a reclamation plan, or approval of financial assurances, the following review periods shall apply:

A.

Whenever surface mining operations are proposed in the 100-year floodplain for any stream, as shown in Zone A or Zone AE of flood insurance rate maps issued by the Federal Emergency Management Agency, and within one mile upstream or downstream of any state highway bridge, the city must notify the state department of transportation of such application. The city must wait for response from the state department of transportation, but not more than forty-five days, prior to scheduling the public hearing for the permit. Additionally, such applications shall be reviewed under the terms of Chapter 18.51 of the Redding Municipal Code relating to floodplains.

B.

All reclamation plans and financial assurances and amendments to such plans and financial assurances shall be submitted to the state geologist for review. The city must wait for comments from the state geologist and provide a written response describing the disposition of the major issues raised. Comments received and responses prepared by the city shall be forwarded to the applicant for review. If the state geologist has not responded within forty-five days of notification, the plans and assurances may be scheduled for public hearing.

C.

The city shall notify the state geologist of the filing of an application for a permit to conduct surface mining operations within thirty days of such an application being filed with the city.

D.

The city shall notify the State Department of Fish and Wildlife, the Regional Air Quality Control Board, and the Regional Water Quality Board of the request to conduct surface mining operations.

E.

The city shall notify the bureau of land management (bureau) of any application to mine on lands within the jurisdiction of the bureau. The city shall not proceed with review of such application until appropriate application has been made to the bureau.

Following completion of the required notification and comment period, the planning department shall review the permit application and the reclamation plan in accordance with the use permit procedures of Chapter 18.14, Use Permits, except that:

1.

A public hearing shall be mandatory for use permit applications that involve a reclamation plan.

2.

Notification shall be by public notice and by mailing to all persons owning property within a distance of not less than one thousand feet from the exterior boundaries of the project.

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

(Ord. No. 2590, § 18, 8-21-2018)

Upon a finding by the city that a supplemental guarantee for the reclamation of the mined land is necessary and upon the determination by the planning department of the cost of the reclamation of the mined land according to the reclamation plan, a surety bond, irrevocable letter of credit, trust fund, or other form of financial assurance adopted by the state board conditioned upon the faithful performance of the reclamation plan shall be filed with the planning department. Such surety shall be executed in favor of the city and the state geologist and reviewed and revised annually as necessary. Such surety shall be maintained in an amount equal to the cost by a third party to complete the remaining reclamation of the site as prescribed in the approved or amended reclamation plan during the succeeding one-year period, or other reasonable term. The revised surety shall account for new lands disturbed by surface mining operations, inflation (based on the latest rate established by the engineering news record), and reclamation accomplished in accordance with the reclamation plan.

If a mining operation is sold or ownership is transferred to another person, the existing financial assurances shall remain in force and shall not be released by the lead agency until new financial assurances are secured from the new owner and have been approved by the lead agency in accordance with Section 2770 of the California Surface Mining and Reclamation Act of 1975.

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

Reclamation plans, reports, applications and other documents submitted pursuant to this chapter are public records unless it can be demonstrated to the satisfaction of the city that the release of such information, or part thereof, would reveal production, reserves, or rate of depletion entitled to protection as proprietary information. The city shall identify such proprietary information as a separate part of each application. A copy of all permits, reclamation plans, reports, applications, and other documents submitted pursuant to this chapter, including proprietary information, shall be furnished to the district geologist of the state division of mines and geology by the city. Proprietary information shall be made available to persons other than the state geologist only when authorized by the mine operator and by the mine owner in accordance with Section 2778, California Surface Mining and Reclamation Act of 1975.

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

Within six months of receipt of a surface mining operation's annual report to the state board, submitted pursuant to Section 2207, California Surface Mining and Reclamation Act of 1975, the city shall cause an inspection of the surface mining operation. The inspection shall be conducted by a state-registered geologist, state-registered civil engineer, state-licensed landscape architect, or state-registered forester who is experienced in land reclamation and has not been employed by the mining operation in any capacity during the previous twelve months. The reasonable cost of the inspection shall be the sole responsibility of the operator. The inspection shall be conducted using a form approved by the state board. The inspector shall prepare a report showing:

A.

Verification that the areas of the mine designated as "reclaimed" have been reclaimed to the standards of the approved reclamation plan;

B.

Calculations showing the adequacy of the existing performance bond;

C.

Verification that the mine is in compliance with remaining conditions of the use permit and reclamation plan.

The inspection report cannot be submitted to the state board until the performance bond has been shown to conform to the amount determined by the city to be adequate. Performance bonds exceeding the amount determined by the city to be adequate may be revised to that amount.

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

A.

Within ninety days of a surface mining operation's becoming idle, as defined in this chapter, the operator shall submit to the lead agency for review and approval an interim management plan. The review and approval of an interim management plan shall not be considered a project within the meaning of Division 13 (commencing with Section 21000). The approved management plan shall be considered an amendment to the surface mining operation's approved reclamation plan for purposes of this chapter. The interim management plan shall provide measures the operator will implement to maintain the site in compliance with this chapter, including, but not limited to, all permit conditions. The interim management plan may remain in effect for a period not to exceed five years, at which time the city shall do one of the following:

1.

Renew the interim management plan for another period not to exceed five years if the lead agency finds that the surface mining operator has complied fully with the interim management plan;

2.

Require the surface mining operator to commence reclamation in accordance with its approved reclamation plan.

B.

Financial assurances required by this chapter shall remain in effect during the period the surface mining operation is idle. If the surface mining operation is still idle after expiration of its interim management plan, the surface mining operation shall commence reclamation in accordance with its approved reclamation plan.

C.

The review, approval, and appeal process for interim management plans shall be as described in Section 2770(h), California Surface Mining and Reclamation Act of 1975.

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

A.

Amendments to an approved surface mining or reclamation plan may be submitted to the city at any time, detailing proposed changes from the original plan. Substantial deviations from the original plan shall not be undertaken until such amendment has been filed with, and approved by the city.

B.

Amendments to an approved surface mining reclamation plan shall be approved by the same procedure as is prescribed for approval of a reclamation plan.

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

Any person aggrieved by an act or determination of the director in the exercise of the authority granted herein shall have the right to appeal to the planning commission and the city council as the case may be. Any appeal must be filed in writing within ten days after the rendition of the decision.

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

The city council finds that trees contribute in many ways to the health, safety, and general welfare of all Redding's citizens. Trees, in addition to their aesthetic benefits and temperature moderation, are of benefit to fisheries, riparian habitat, wildlife, energy conservation, and the ecology of the area. However, the city also recognizes that even with the identification, evaluation, protection, and maintenance provisions of this chapter, it may not be possible to preserve all healthy trees within new development projects. Given these recognized contributions and constraints, the intent and objectives of this chapter are to:

A.

Protect and enhance the aesthetic qualities of the community provided by native and nonnative trees;

B.

Promote a healthy and attractive urban landscape as the community grows;

C.

Recognize the importance of trees as a visual and physical buffer;

D.

Preserve the city's valuable natural features;

E.

Require the replacement of trees that are removed, where appropriate;

F.

Establish a program for the planting of trees in new developments;

G.

Protect trees on undeveloped properties until such time as a development plan/building permit is approved.

In order to accomplish the preservation purposes of this chapter, candidate trees, as defined in Chapter 18.61, in the city are afforded special protections. The regulations require that a tree removal permit be obtained for removal of trees on vacant/undeveloped lands in order to ensure that trees can be identified and considered as candidates for preservation during the development process.

(Ord. 2369 § 1 (part), 2006)

Subdivisions and other development projects subject to the provisions of this chapter shall be designed to minimize destruction or damage to trees to be preserved. With development permits for discretionary projects or when a tree(s) exceeding six inches dbh is proposed to be removed when a discretionary permit is not required, a site plan shall be submitted which contains all the elements required by Sections 18.45.050 and 18.45.070.

A

Variances. To achieve the goal of preservation, the city may consider tree preservation as adequate grounds to approve zoning exceptions and variances associated with building setbacks, building separations, parking requirements, and driveway grades if it is determined that: (1) the preservation and retention of a candidate tree outweighs the disadvantages associated with any variance granted to save it; and (2) there is a real expectation that the tree will survive for more than five years as estimated by a qualified professional.

(Ord. 2369 § 1 (part), 2006)

No tree, regardless of species, that exceeds six inches dbh on any developed or undeveloped/vacant property in the city shall be destroyed, killed, or removed unless a tree removal permit is first obtained under the provisions of this chapter, except as may be permitted pursuant to the terms of Section 18.45.070 (Discretionary permits), or as may be expressly exempted under Section 18.45.040 (Exemptions). (Note: Clearing activities that exceed one acre in area require a clearing permit in accordance with Chapter 16.12 of the Redding Municipal Code.)

(Ord. 2369 § 1 (part), 2006)

A.

Removal of a tree upon the order of the city manager, city engineer, development services director, community services director, or a member of the police or fire department if, in his or her determination, the condition of a tree presents an immediate hazard to life or property.

B.

The removal of trees on the following properties or areas:

1.

Developed nonresidential properties less than one acre in area, provided that no trees which have been specifically designated on the landmark and heritage trees plan (RMC Chapter 13.40) or which have been required to be preserved under the terms of the discretionary approval of a development project shall be removed;

2.

Undeveloped nonresidential properties less than one acre in area, where a valid building permit has been issued for a "principal building," provided that no tree designated on the landmark and heritage tree plan (RMC Chapter 13.40) or which has been required to be preserved under the terms of the discretionary approval of a development project, shall be removed;

3.

Developed residential properties which have been developed to the maximum density allowed by the zoning of the property, provided that no trees which have been specifically designated on the landmark and heritage tree plan (RMC Chapter 13.40) or which have been required to be preserved under the terms of a discretionary approval of a development project shall be removed;

4.

Undeveloped residential properties less than one acre in area, where a valid building permit has been issued for construction of a "principal building(s)," provided that such construction will result in development for the maximum density allowed by the base zoning district and that no tree designated on the landmark and heritage tree plan (Chapter 13.40 of this code) or that has been required to be preserved under the terms of the discretionary approval of a development project, shall be removed;

5.

Airport clear zones.

C.

Removal or cutting of trees within utility rights-of-way which may be deemed necessary in the opinion of a public utility to comply with applicable safety regulations, to prevent potential future interruption of service, to repair damage to facilities, or to restore interrupted service.

D.

Removal of trees on property owned by the federal government, the state of California, the county of Shasta, or any school or special district.

E.

Removal of trees when determined necessary by the fire department while engaged in firefighting in order to prevent the spread of fire or prevent a dangerous situation to life or property.

F.

Street trees covered by Chapter 13.40 of the Redding Municipal Code which are approved for removal by the recreation and parks commission.

G.

The removal of a tree which a qualified professional has determined to be unhealthy or, because of its characteristics, a danger to life or property. In such case, the opinion of the qualified professional shall be made available to the director prior to removal of the tree(s).

(Ord. 2369 § 1 (part), 2006)

A.

Except as provided for in Section 18.45.070 (Discretionary projects), any property owner desiring to kill, destroy, or remove (hereafter referred to as "remove") one or more trees that exceed six inches dbh on any parcel of land not exempted by this chapter shall file an application for a tree removal permit with the director and pay the necessary fee as established by resolution of the city council.

Said application shall be on a form prescribed by the director and shall contain the following information: (1) the number, species, size, and location of each tree to be removed; (2) the location of existing or proposed structures; (3) a brief statement of the reason for removal; (4) the signature of the property owner authorizing such removal; and (5) any other pertinent information the director may require, which may include a detailed report prepared by a qualified professional regarding the size; health; condition; and, for large sites, the general characteristics of trees proposed to be removed and those that will be retained on the site. The director may use this information to determine if adequate effort has been made to retain candidate trees that may be on the site.

B.

The permit, if granted, shall entitle the property owner to remove only the trees approved for removal by the permit. Prior to the issuance of such permit, the director or his or her representative shall visit and inspect the property, the trees in question, and the surrounding area and shall ascertain whether or not the trees may be cut down or removed.

C.

The director or his or her designated representative may grant the permit if the removal of the trees will not affect soil stability, surface-water quality, riparian habitat, or fisheries and one or more of the following findings is made:

1.

The condition of the trees, with respect to disease, form, general health, damage, public nuisance, danger of falling, proximity to existing structures, interference with utility services, good forestry practices, or damage to existing sidewalks and driveways, warrants their removal.

2.

The preservation of the trees unreasonably restricts the economic potential or use of the property upon which the trees are situated and/or the director determines that sufficient effort has been made to save other candidate trees that may be on the site.

3.

The development has been designed such that suitable land will be set aside in an open-space easement which will (1) preserve as many trees as are proposed to be removed, particularly trees that could be classified as candidate trees; or (2) be particularly suitable for the planting and/or natural regeneration of trees. The set-aside area shall be in addition to any area classified as "Greenway" under the policies of the Redding general plan.

D.

The director shall deny any permit to remove a tree that is listed on the landmark or heritage tree plan established by Chapter 13.40, except as may be specifically authorized by that chapter.

E.

The director may require replanting of trees at appropriate locations on the property or off-site location to replace those that will be removed. The size and number of trees to be replanted shall be at the discretion of the director, but shall bear a reasonable relationship to the value, size, type, and similar considerations as the tree approved for removal.

(Ord. 2369 § 1 (part), 2006)

A permit issued under Section 18.45.030 shall be valid for a period of six months from the date of issuance. One extension of time may be granted, not to exceed an additional six months, by the person or body who approved the permit for which an extension is requested.

A.

It shall be the responsibility of the person removing any tree as authorized by the tree removal permit, under this chapter, to have the tree permit and a copy of the conditions of approval imposed by the approving body at the tree removal site.

B.

The permit and any conditions of approval granted by the approving body shall entitle the applicant to remove only the tree or trees approved for such action.

C.

Before the start of any clearing, excavation, construction, or other work on the site, every tree designated for removal on the approved site plan that is outside the proposed right-of-way or easement areas shall be clearly marked in the field in a manner required by the director. A plan shall be established for the removal and disposal of brush, earth, and other debris (1) to avoid injury to any tree not approved for removal; or (2) to prevent spillage of mud or debris on city streets.

(Ord. 2369 § 1 (part), 2006)

A.

Permit Application. An application for a discretionary project shall also be considered an application for tree removal in those instances where trees will be affected by the development.

B.

Project Design and Tree Preservation. Where all identified candidate trees cannot be preserved, the design of the development should address preservation of the most desirable and significant of the healthy candidate trees, particularly stands of such trees, and the developer is expected to utilize creative land-planning and construction techniques to achieve this end. The set-aside of a natural area or areas within a project site that is particularly suitable for the planting, retention, and/or natural regeneration of trees is considered to be a desirable means of accomplishing the goals of this chapter. Set-aside areas shall be in addition to any area classified as "Greenway" under the policies of the Redding general plan.

Project design shall recognize the desirability of preserving trees. An analysis of trees on the site shall be undertaken to determine those which are to be considered candidate trees unless waived by the director based on the characteristics of the site, and plans for grading and infrastructure improvements shall reflect this consideration. While each individual site will dictate the level of analysis based on such considerations as the size of the site, the number of candidate trees, opportunities for preservation, etc., the following establishes the basic process for assessment of candidate trees and stands of trees on a site. This information will provide a basis to consider potential development designs that will preserve those trees.

1.

Tree Identification and Evaluation.

a.

Initial Mapping. Candidate trees and groups of trees as defined in Chapter 18.61, within the boundaries of proposed project but outside of areas classified as "Greenway," shall be identified on a map. Aerial photographs accompanied by surveys and/or ground reconnaissance should be used for this mapping. The scale and detail of mapping should be commensurate with the size of the site as determined appropriate by the city. On sites with development envelopes greater than five acres and, at the discretion of the director, a qualified professional as identified in Chapter 18.61 shall consult with development services department staff to determine the appropriate mapping detail. The choice of whether a complete inventory or a sample is performed should be based on the size of the site, number of trees involved, and uniformity of tree conditions (e.g., species, size, health, etc.).

b.

Evaluation. A qualified professional shall provide an overall qualitative evaluation of trees on the site. Evaluation criteria may include:

i.

Species;

ii.

Size (estimated or measured diameter and height);

iii.

Health and vigor, including external signs of defect or disease;

iv.

Aesthetic quality as determined by shape, branching and color;

v.

Ecological quality as determined by evidence of wildlife use, grove size, adjacency to water or connectivity to other habitats;

vi.

Potential hazards posed by dead branches or tops, lean or defect;

vii.

Location relative to existing or potential development and the ability to provide sufficient growing space;

viii.

Other considerations including local significance and functional role as a buffer between land uses.

The evaluation shall include a summary recommendation regarding those trees or groups of trees most appropriate for protection. The summary may take the form of text, map, or a combination of text and map as determined appropriate by the qualified professional.

C.

Designation of Preserved Trees. After determining the trees or groups of trees that will be preserved based on the mapping and evaluation process outlined above, a map and tree list shall be provided as part of the discretionary permit application materials and shall include an overlay showing the location of preserved trees and the proposed development. It shall include the following information with sufficient detail for evaluation by the body approving the discretionary permit:

1.

Tree or grove designated for preservation, outside of areas classified as "Greenway" in the general plan;

2.

Tree or grove where preservation is not proposed, along with a justification for removal, provided by the project applicant.

D.

Protection During Construction/Long-Term Protection and Maintenance. Project proponents shall prepare a plan for ensuring that trees designated for preservation are not damaged during construction and will be adequately protected in the long term. The plan, prepared by a qualified professional shall include tree protection measures for all trees or groups of trees where grading, fill, building, utility installation, redirection of natural drainage to or away from trees to be preserved, or similar activities will occur within a minimum distance extending:

1.

Six feet out from the perimeter of the crowns of large, mature trees unless a greater distance is warranted in the opinion of the qualified professional;

2.

Six feet from the perimeter of their estimated crowns at maturity in the case of smaller trees.

The qualified professional shall also specify appropriate construction protection measures, such as:

1.

Provisions for flagging and protective fencing;

2.

Equipment exclusion zones;

3.

Grading exclusion zones;

4.

Long term maintenance recommendations.

The approving entity for the permit, when approving development plans, shall determine the adequacy and appropriateness of the proposed tree protection plan as provided above. The approved discretionary permit and related materials will constitute a tree protection plan, and those trees designated to be saved shall be considered preserved trees. In addition to the tree plan, the approving entity may require such measures as necessary to ensure that the preserved trees are not involuntarily removed in the future. This shall include, but not necessarily be limited to, requiring land to be placed in open-space easements or requiring that deed restrictions be placed on private property which will prohibit the removal of a tree(s).

E.

Project Denial. The application may be denied or the project modified if: (1) the plan is inconsistent with the city's policy of tree preservation; and (2) insufficient evidence is shown that tree preservation has been considered in the design of the project. Modifications of project design may include, but not be limited to: relocation of proposed streets and easements; relocation of proposed lot lines; reduction of the number of lots/building areas proposed in the development; the use of stem wall construction techniques; or other appropriate measures.

F.

Improvement Plans. Subsequent to project approval, improvement plans shall be submitted to the city for approval that shall depict the location of all trees that have been required to be preserved and shall be reviewed in the context of any tree protection measures recommended by the qualified professional.

G.

Appeals. Appeals of conditions and/or requirements imposed on a development project by the approving authority shall utilize the procedures set forth in Section 18.11.090 (Appeals) of the Redding Municipal Code.

(Ord. 2369 § 1 (part), 2006)

A.

Before the start of any clearing, excavation, construction, or other work on the site, the recommendations of the qualified professional pertaining to tree identification, flagging, fencing, or similar items shall be in place and a pre-construction meeting held with the contractor and city staff to review any tree protection measures required.

(Ord. 2369 § 1 (part), 2006)

The director shall prepare and make available to the public "Guidelines for Tree Protection." The guidelines will not replace or supplement the construction standards of Section 18.45.100, but will provide basic information that will be useful in protecting trees during and after construction.

(Ord. 2369 § 1 (part), 2006)

It has been determined that trees within the city are valuable assets to the community and that the public should be compensated for the loss of trees which occurs in violation of this chapter. The removal or killing of any protected tree in violation of the terms of this chapter shall be punishable by either, or a combination of, the following means at the discretion of the city:

A.

Pay a fine of up to two thousand dollars per tree for the unauthorized removal or damage to trees.

B.

Provide and plant replacement trees of a number and size required by the city and thereafter maintain said trees in a live and healthy condition for a period of three years.

C.

Prohibit further development of the property, other than corrective action measures, for a period of up to two years from the date notice of the violation is given by the city.

The penalty shall be determined by the director; however, appeals of his or her decision shall be available as specified in Section 18.11.090 (Appeals) of this code.

In instances where unlawful tree removal occurs on a developed parcel of land, the violator may seek relief from the above penalty by making application for tree removal as specified in Section 18.45.050 and making payment of twice the application fee. The city reserves the right to approve the permit subject to any or all of the above conditions as circumstances may dictate.

(Ord. 2369 § 1 (part), 2006)

Nothing in this chapter shall be deemed to impose any liability for damages or a duty of care and maintenance upon the city or upon any of its officers or employees. The person in possession of any public property or the owner of any private property shall have a duty to keep the trees upon the property and under his or her control in a safe, healthy condition.

(Ord. 2369 § 1 (part), 2006)

The following tree planting provisions shall apply to all new construction and to those parcels which have been granted a tree removal permit. The trees shall be planted prior to the issuance of an occupancy permit in those instances where planting is in conjunction with construction under a valid building permit.

A.

Residential Development. One fifteen-gallon tree shall be planted for every five hundred square feet of enclosed gross living area, two of which shall be planted in the front yard. At least one of the trees must be planted within seven feet of the sidewalk or otherwise required by a tree planting plan established with approval of the development.

B.

Commercial Development (Retail, Office, Heavy Commercial Uses). One fifteen-gallon tree shall be planted for every one thousand square feet of gross floor area or covered space.

C.

Industrial Development. One fifteen-gallon tree shall be planted for every two thousand square feet of gross floor area or covered space.

Where the number of trees required to be planted under this section differs from the number required to be planted by Chapters 13.40 and 18.41, Off-Street Parking and Loading, of the Redding Municipal Code (if applicable), the higher number shall apply. If the number of trees required above contains a fraction, such number shall be increased to the next highest whole number. Each existing, preserved tree on a parcel may be counted as two trees for the purpose of the above planting requirements; however, this credit shall not reduce the number of trees required by Chapter 13.40 or 18.41 of the Redding Municipal Code applicable to the project except as may be provided for in those code sections.

(Ord. 2369 § 1 (part), 2006)

The property owner or his or her successors-in-interest shall be responsible thereafter for the care and maintenance of trees required to be planted under this chapter in a live and healthy condition. The replacement of trees that may die or otherwise be destroyed is explicitly a requirement of this chapter. The removal of dead wood, branches, or trees is the responsibility of the property owner upon whose property the tree originates.

(Ord. 2369 § 1 (part), 2006)

Developed parcels which do not meet the tree planting requirements of this chapter, shall be required to meet the tree planting requirements of this chapter with the issuance of a building permit for any new construction on the property that is greater than fifteen percent of the existing gross floor area, unless an exception to this requirement is granted by the director based on a finding that conforming to the tree planting requirements of this chapter is physically impossible given the way the parcel is developed. If the planning commission can make that finding, it may approve planting fewer trees than this chapter would require for the developed parcel based on what the planning commission feels is physically possible for the property.

(Ord. 2369 § 1 (part), 2006)

This chapter establishes uniform provisions for the regulation of legal nonconforming uses, structures, sites and parcels. Within zoning districts established by this code, there exist structures, land uses, site improvements, and parcels that were lawful prior to the adoption of this code, but which would be prohibited, regulated, or restricted differently under the use regulations and development standards of this code or future amendments. It is the intent of this chapter to discourage the long-term continuance of nonconformities that have resulted, or can be expected to result in conflicts with surrounding conforming land uses, providing for their eventual elimination, but to permit other nonconformities to exist under limited conditions outlined in this chapter. This chapter also recognizes that the investments made in developed property can be substantial and that provisions for continuation of certain nonconforming uses may be desirable, particularly if it can be assured that the use does not negatively impact adjacent properties. Further, this chapter provides for the improvement of nonconforming structures and properties to reduce the blighting influence that can occur if abandoned structures cannot be reused for their designed purposes.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2305 § 3 (Att. A (part)), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

(Ord. No. 2521, § 2, 4-7-2015)

A.

Continuation. Legal nonconforming uses, including uses lacking permits or other entitlements, may be continued provided that such use shall not be materially modified or intensified or be expanded to occupy a greater area than that occupied by the use at the time it became nonconforming, unless a site development permit is approved by the board of administrative review (BAR) in accordance with Chapter 18.13, Site Development Permits, of the Zoning Code.

B.

Abandoned. If the legal nonconforming use ceases for a continuous period of twelve months, it shall be considered abandoned, and the subsequent use of the land shall be in conformance with the regulations specified by this title for the district in which the land is located unless a site development permit is granted in accordance with Chapter 18.13, Site Development Permits, of the Zoning Code.

C.

Damage or Destruction. If the use of a legal conforming structure associated with a nonconforming use is caused to cease through damage or destruction by fire or other cataclysmic occurrence to an extent of more than fifty percent of the replacement value thereof, the subsequent use of the land shall be in conformance with the regulations specified by this code for the district in which the land is located, unless a site development permit (BAR) is granted to continue the nonconforming use in accordance with Chapter 18.13, Site Development Permits, of the Zoning Code, except that residential uses may be reestablished provided that reconstruction does not increase any previously existing nonconforming site conditions or increase the number of dwelling units on a site; see Sections 18.46.060 (Residential structures in office, commercial), and 18.46.070 (Nonconforming multiple-family dwellings) of this chapter.

D.

Change of Use. Legal nonconforming uses may be permitted to be changed to a different nonconforming use provided that the new use is of the same or a less intensive nature and provided that in each case a site development permit approved by the board of administrative review shall first be obtained.

1.

Exceptions. No nonconforming use that involves the storage, use or generation of hazardous materials, presses, products, or wastes or other activity that may be detrimental to public health or safety because of the potential to generate dust, glare, heat, noise, noxious gases, odor, smoke, vibration, or other conditions that would be incompatible with surrounding uses may be substituted for an existing nonconforming use even if the use is of the same or less intensive nature.

(Ord. 2381 § 13, 2007: Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

(Ord. No. 2521, § 2, 4-7-2015; Ord. No. 2560, § 1, 12-20-2016)

A.

Continuation. Legal nonconforming structures may remain provided that such structure shall not be enlarged or altered so as to increase the discrepancy between existing conditions and the development regulations and type of conforming structure typical of the zoning district in which it is located, unless a site development permit is approved by the BAR, in accordance with Chapter 18.13, Site Development Permits, of the Zoning Code.

B.

Abandoned. If a legal nonconforming structure remains vacant for a continuous period of twelve months, it shall be considered abandoned and shall thereafter be removed or converted to a conforming structure with a conforming site and use unless a site development permit (BAR) is granted in accordance with Chapter 18.13, Site Development Permits, of the Zoning Code. The presumption of abandonment may be rebutted upon a showing, to the satisfaction of the director, and appealable to the BAR that during such period, the owner of the structure: (1) has been maintaining it and did not intend to discontinue the use; and (2) has been actively marketing the structure for sale or use; or (3) has been engaged in other activities evidencing an intent not to abandon the use.

C.

Damage or Destruction. If a legal nonconforming structure is damaged or destroyed by fire or other cataclysmic occurrence, to an extent of more than fifty percent of the current replacement cost, as estimated by the director, it may not be restored except in full compliance with the regulations for the zone in which it is located, unless a site development permit (BAR) is granted in accordance with Chapter 18.13, Site Development Permits, of the Zoning Code.

1.

Exceptions: See Section 18.46.060 (Residential structures in office, commercial or industrial zones) and Section 18.46.070 (Nonconforming multiple-family dwellings) of this chapter.

D.

Maintenance, Repairs and Rehabilitations. Ordinary maintenance and repairs may be made to any legal nonconforming structure.

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

(Ord. No. 2521, § 2, 4-7-2015; Ord. No. 2560, § 2, 12-20-2016)

A.

Continuation. Legal uses or structures on legal nonconforming sites may continue provided that if the use or structure on the nonconforming site is enlarged, increased, or intensified, it does not increase the nonconformity or introduce a new nonconformity. Exception: an existing structure with a nonconforming corner side yard setback of not less than ten feet may be enlarged such that the length of the encroachment is increased. Such enlargement shall not encroach closer to the street property line than that of the existing structure.

B.

Abandoned. If the use of a legal nonconforming site ceases for a continuous period of twelve months, it shall be considered abandoned, and the subsequent use of the land shall require site modifications to be made to bring the site into conformance with the regulations specified by this title for the district in which the land is located unless a site development permit (BAR) is granted in accordance with Chapter 18.13, Site Development Permits, of the Zoning Code.

C.

Damage or Destruction. If a legal conforming structure on a legal nonconforming site is damaged or destroyed by fire or other cataclysmic occurrence, to an extent of more than fifty percent of the replacement value thereof, the restoration of such structure and site shall be in full compliance with the requirements of this title unless a site development permit (BAR) is granted to continue the nonconformity in accordance with Chapter 18.13, Site Development Permits, of the Zoning Code; or for residential structures, the provisions of Section 18.46.060 (Residential structures in office, commercial) or Section 18.46.070 (Nonconforming multiple-family dwellings) of this chapter, apply. The BAR will consider the request in light of existing neighborhood characteristics, particularly the prevalence of similar nonconformities in the area.

D.

Change of Use. Uses on legal nonconforming sites may be changed to a different use without bringing the site into compliance with this code provided that the degree of nonconformity is not increased.

1.

Exceptions:

a.

Any nonconforming signage on the property shall be brought into compliance with this code.

b.

Any discretionary permit required for the increase in the floor area of a principal building on a site by twenty percent or more shall address existing nonconformances on the site, including, but not limited to, lack of screening of mechanical or other equipment; required landscape; lack of curb, gutter or sidewalk; and/or nonconformances that have adverse impacts to adjacent properties. The approving authority may establish a schedule for elimination of the nonconformances and may also determine those nonconformances that need not be remedied because the location of existing structures or the configuration of the site make it infeasible.

E.

Maintenance, Repairs and Rehabilitation. Ordinary maintenance and repairs may be made to any legal structure or appurtenances on a nonconforming site provide that the work does not create greater nonconformances on the site.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2305 § 3 (Att. A (part)), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

(Ord. No. 2521, § 2, 4-7-2015; Ord. No. 2560, § 3, 12-20-2016)

Editor's note— Ord. No. 2521, § 1, adopted Apr. 7, 2015, repealed § 18.46.050, which pertained to reestablishment of abandoned nonconforming uses, structures or sites. For a complete history of § 18.46.050 see the Code Comparative Table.

A.

Continuation. Nonconforming residential structures in an office, commercial or industrial zone may be continued as a residential use provided that no increase in the number of dwelling units or increase greater than fifty percent in the usable floor area occurs. Such residential uses are not subject to abandonment as provided elsewhere in this chapter.

B.

Use Ceased by Involuntary Damage or Destruction. Nonconforming residential uses destroyed by fire or other cataclysmic occurrence may be reestablished provided that:

1.

Reconstruction is consistent with building setback, height, and other development regulations of the district provided that if the building setbacks of the original structure did not conform to district regulations, the nonconforming setbacks may be maintained, but not expanded;

2.

The use will not be detrimental to residents of the structure as determined by the director;

3.

A building permit for reconstruction is issued within twenty-four months of destruction.

If these standards cannot be met, a new residence may be reestablished subject to approval of a site development permit by the director.

C.

Use Ceased by Voluntary Demolition. Nonconforming residential uses voluntarily demolished for the purpose of reconstructing a new residence may be reestablished subject to approval of a site development permit by the director and provided that:

1.

Reconstruction is consistent with building setbacks, height and other development regulations of the district;

2.

The use will not be detrimental to the residents of the structure as determined by the director;

3.

Approval of the site development permit is sought prior to demolition of the existing structure(s).

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2305 § 3 (Att. A (part)), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

(Ord. No. 2428, § 12, 1-20-2009; Ord. No. 2521, § 2, 4-7-2015)

Multiple-family dwellings or dwelling groups (two or more attached or detached dwelling units on a lot) exceeding the allowable density of the district in which they are located that are involuntarily damaged and/or destroyed may be rebuilt with the same number of dwelling units provided that the following conditions are met:

A.

Two to Four Dwelling Units. Preexisting site nonconformances shall not be increased beyond those existing prior to destruction of the dwelling(s).

B.

Five or More Dwelling Units. Rebuilding conforms to the parking, height, setback, open-space, and other provisions of this code. A site development permit is required if these standards cannot be met, but in no case shall any site nonconformities be increased beyond those that existed prior to destruction of the dwelling(s).

C.

A building permit for reconstruction is issued within twenty-four months of destruction. To facilitate implementation of the policies of the housing element of the general plan, multiple-family dwellings or dwelling groups exceeding the allowable density of a district in which they are located may be substantially reconstructed or may be voluntarily destroyed and rebuilt if such action is authorized under a City of Redding housing program for ownership or rental by persons of low or moderate income or if a site development permit is approved by the director for reconstruction of the units. The provisions of subsection A or B of this section shall be met for any reconstruction.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2305 § 3 (Att. A (part)), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

(Ord. No. 2521, § 2, 4-7-2015)

A nonconforming parcel of record that does not comply with the access, area, or width requirements of the zoning district in which it is located shall be considered to be a legal building site if it meets one of the criteria specified by this section. It shall be the responsibility of the applicant to produce sufficient evidence to establish the applicability of one or more of the following:

A.

Approved Subdivision. The parcel was created through a recorded subdivision map, or a certificate of compliance has been issued.

B.

Individual Parcel Legally Created by Deed. The parcel is under one ownership and of record and was legally created by a recorded deed prior to the effective date of the land-use regulation that made the parcel nonconforming.

C.

Variance or Lot Line Adjustment. The parcel was approved through the variance procedure (Chapter 18.16, Variances) or resulted from a lot line adjustment in compliance with Title 17 (Subdivisions) of the Redding Municipal Code.

D.

Partial Government Acquisition. The parcel was created in compliance with the provisions of this code, but was made nonconforming when a portion of the parcel was acquired by a governmental entity.

Where structures have been erected on a nonconforming parcel, the area where structures are located shall not be later divided so as to reduce the building site area, setbacks, and/or frontage below the requirements of the applicable zoning district or other applicable provisions of this code or in any way that makes the use of the parcel more nonconforming.

Exception: Duplex and multiple-family parcels made nonconforming as to area and/or width by adoption of this code and the zoning map changed their zoning from "U" Unclassified, "R-2" or "R-3" to the "RM" district. Such parcels may be further divided if the division is consistent with all of the following:

A.

At least fifty percent of the lots on the block of the subject parcel are nonconforming as to area and frontage.

B.

After division, the resulting parcels have the following minimum characteristics:

1.

Interior lots—minimum area of six thousand square feet and minimum width of sixty feet.

2.

Corner lots—a minimum area of seven thousand square feet and a minimum width of seventy feet.

3.

The resultant lots will be of generally equivalent size and width as the predominant lots in the surrounding block.

C.

No more than one additional lot is created.

D.

The residential density established by the zoning of the property would not be exceeded if an additional residence was constructed on either of the lots, considering the total lot area prior to the division.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2305 § 3 (Att. A (part)), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Any lawful use existing at the time of adoption or amendment of this code in a zoning district that allows the use subject to the granting of a site development permit or use permit shall be deemed a legal conforming use for purposes of this chapter. Any expansion or change in the intensity of the use requires a site development permit or use permit as required by this code.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2305 § 3 (Att. A (part)), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

(Ord. No. 2521, § 2, 4-7-2015)

Any use in existence by virtue of a permit issued in compliance with the regulations in effect at the time of application for any land-use activity which, under the new regulations is not allowable, may continue, but only in compliance with the provisions and terms of the original permit.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2305 § 3 (Att. A (part)), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Structures and uses that did not comply with the applicable provisions of this code or the regulations in effect when the structures or uses were established are violations of this code. No right to continue occupancy of property containing an illegal structure or use is granted by this chapter.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2305 § 3 (Att. A (part)), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

(Ord. No. 2521, § 2, 4-7-2015)

In the event that a legal nonconforming structure or use is found to constitute a public nuisance, appropriate action may be taken by the city in compliance with Chapter 1.15, Abatement of Properties, Buildings and Conditions, of the Redding Municipal Code.

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2305 § 3 (Att. A (part)), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

(Ord. No. 2584, § 16, 3-20-18; Ord. No. 2590, § 19, 8-21-2018)

The purpose of this chapter is to achieve the following:

A.

Maintain and increase the value of land and enhance the aesthetic appearance of all development throughout the City of Redding by providing standards related to the quality and functional aspects of landscape;

B.

Increase compatibility between abutting land uses and public rights-of-way by providing landscape screening and buffers;

C.

Improve the urban environment and promote public health, safety and welfare by preserving and enhancing the positive visual experience of the built environment, providing appropriate transition between different land uses, preserving neighborhood character, and enhancing pedestrian and vehicular traffic and safety;

D.

Improve water quality and hydrology by implementing low impact design (LID) measures;

E.

Assist in mitigating air quality impacts by reducing or absorbing pollutants, especially by preserving existing or adding new trees; and

F.

Reduce heat absorption and radiation created by large expanses of paving.

(Ord. No. 2530, § 3, 7-21-2015)

A.

All new development, including additions which increase the floor area of a main building by twenty percent or more, shall provide and maintain landscape in compliance with the provisions of this chapter. In addition, new development or redevelopment plans shall be in compliance with Chapter 14.19 (Stormwater Quality Management and Discharge Control) which may include low impact development design standards and hydromodification measures. Single-family dwellings and duplexes are exempt from Chapter 18.47 but not from Chapter 14.19.

B.

The maintenance section of this chapter shall be applicable to any existing landscape which was required to be installed in accordance with a development permit or any specific zoning requirements contained in this Code.

C.

Landscape shall not be installed until the applicant receives approval of the final landscape plan. Any changes to the approved landscape plans that affect the character or quantity of the plant material or irrigation system design are required to be resubmitted for approval prior to installation.

(Ord. No. 2530, § 3, 7-21-2015)

For the purpose of this chapter, the following words shall have the meanings set forth below:

"Establishment period of the plants." The first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth.

"Hydromodification." Modification of hydrologic pathways (precipitation, surface runoff, infiltration, groundwater flow, return flow, surface-water storage, groundwater storage, evaporation and transpiration) that results in negative impacts to watershed health and functions.

"Infiltration rate." The rate of water entry into the soil expressed as depth of water per unit of time (e.g., inches per hour).

"Landscape architect." A person who holds a license to practice landscape architecture in the State of California (Business and Professions Code Section 5615).

"Landscape contractor." A person licensed (with a valid C-27 license) by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems.

"Low impact development (LID)." LID is an approach to land development (or re-development) that manages stormwater as close to its source as possible and treats stormwater as a resource rather than a waste product. Bio-retention facilities, rain gardens, vegetated rooftops, rain barrels, and permeable pavements adhere to LID principles. LID practices manage stormwater in a way that reduces the impact of built areas and promotes the natural movement of water within an ecosystem or watershed.

"Mulch." Any organic material (such as leaves, bark, or straw) or inorganic mineral materials (such as rocks, gravel, and decomposed granite) left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.

"Project applicant." The individual or entity submitting a landscape documentation package to request a permit, plan check, or use permit from the city. A project applicant may be the property owner or his or her designee.

"Runoff." Water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or where there is a slope.

"Turf." A groundcover surface of mowed, irrigated natural grass.

"Water feature." A design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied).

(Ord. No. 2530, § 3, 7-21-2015; Ord. No. 2590, § 20, 8-21-2018)

A.

Landscape Plan. A landscape plan shall be submitted as part of the application for a building permit as specified in Section 18.47.020 or at any other time that may be required by the condition of a site development permit, use permit, or planned development. All landscape plans shall include a table or other delineations demonstrating that minimum landscape area required by Schedule 18.47.050-A is satisfied. The landscape plan shall also be in compliance with Subdivision (D) of Section 16.70.050.

The landscape plan shall be prepared by a registered landscape architect; a landscape contractor for work to be performed by the contractor; and irrigation consultant for irrigation design; a licensed nursery person only in connection with selling stock and related products; a licensed architect or engineer as long as the work undertaken is not entirely landscape architecture; or other qualified person as defined by the California Business and Professions Code.

B.

Review and Approval. The development services department shall review each conceptual landscape plan and final landscape plan to verify its compliance with the provisions of this chapter and Section 16.70.050. The development services director ("director") may approve the submittal in compliance with this chapter or may disapprove or require changes to a submittal that is not in compliance. The director may refer approval of final landscape plans associated with an approved use permit to the board of administrative review or planning commission.

(Ord. No. 2530, § 3, 7-21-2015)

All landscape improvements shall be installed in accordance with the city landscape installation guidelines adopted by the planning commission. Landscape shall be provided in the locations described in this chapter in addition to any areas required by Division III, Base District Regulations and Division V, Overlay District Regulations, of this title.

A.

General Requirements. Landscape shall be provided as follows:

1.

Setbacks. In general, the setback areas required by this Code shall be landscaped, except where a required setback is occupied by a sidewalk, driveway, or access easement or where a required setback is screened from public view and it is determined by the director that landscape is not necessary to fulfill the purposes of this chapter.

2.

Unused Areas. All disturbed areas of a building site not intended for a specific use or purpose, including pad sites in shopping centers held for future development, shall be landscaped (may be hydroseeded) unless it is determined by the review authority that landscape is not necessary to fulfill the purposes of this chapter.

3.

Parking Areas. Parking areas and their associated landscape required by Chapter 18.41 (Off-Street Parking and Loading) of this title, shall not count toward meeting the landscape requirements of this chapter.

4.

Public Right-of-Way. The area between the curb, or curb and sidewalk if contiguous, and the property line shall be landscaped. This area shall not be counted in the overall required percentage of landscape.

B.

Specific Office and Commercial Zone Landscape Requirements. New development shall be designed, constructed, and maintained with landscape of the minimum area shown in Schedule 18.47.050-A based on the zoning district applicable to the site and the gross floor area of building on a site. These landscaped areas typically will consist of building foundation planting, landscape elements in plazas and outdoor gathering areas, and other accent planting, although additional landscaped area may augment the minimum landscape area for parking lots required by Chapter 18.41 (Off-Street Parking and Loading) of this title. The director, board of administrative review, or planning commission may require additional landscape to ensure consistency with the policies of the general plan.

Schedule 18.47.050-A
Minimum Landscaped Area by Zoning District

Notes:

1.

The above minimum landscaped areas are in addition to that required to meet the minimum parking lot landscape and landscape within the street right-of-way, where applicable, as required by Chapter 18.41 (Off-Street Parking and Loading) of this title.

2.

Up to thirty percent of the landscape required may be in the form of hardscape associated with public plazas, water features, and similar unique project elements. The director may approve a zoning exception to exceed this limitation, where, in his or her opinion, the intent of this chapter is met.

3.

In addition, minimum landscape areas shall be in compliance with Chapter 14.19 (Stormwater Quality Management and Discharge Control).

(Ord. No. 2530, § 3, 7-21-2015)

Landscape areas and materials shall be designed, installed, and maintained as provided by this section.

A.

General Design Standards. The following features shall be incorporated into the design of the proposed landscape and shown on required landscape plans:

1.

Landscape shall be planned as an integral part of the overall project design.

2.

Implementing stormwater best management practices into the landscape grading design plans to minimize runoff and to increase on-site retention and infiltration are encouraged and may be required for the site to be in compliance with Chapter 14.19, Stormwater Quality Management and Discharge Control, and Chapter 16.70, Water Efficient Landscape.

3.

Landscape shall be provided throughout parking areas in compliance with Chapter 18.41, Off-Street Parking and Loading, and Chapter 16.70, Water Efficient Landscape.

4.

Street frontage landscape shall include a minimum of one fifteen-gallon tree for every thirty feet of frontage. The director may approve alternate tree spacing if underground infiltration is proposed.

B.

Plant Material Limitations. Plant materials shall be selected and installed to comply with the following requirements:

1.

All landscape plantings shall be of sufficient size and intensity so that a finished appearance and plant maturity (except trees and large shrubs) can be attained in a three-year time frame. The director may approve an alternate timeline in LID stormwater management areas.

2.

Trees and shrubs shall be planted so that at maturity they do not interfere with service lines and sight-distance areas.

3.

Trees planted near public sidewalks or curbs shall be of a species and installed in a manner which prevents physical damage to sidewalks, curbs, gutters, electric utilities, and other public improvements.

4.

Groundcover shall be of live plant material unless irrigation is not permissible due to soil and/or groundwater contamination issues. Gravel, colored rock, walk-on bark, and similar materials shall be used in combination with a living groundcover in all non-turf areas as a mulch to control weeds and conserve or retain water until a living groundcover has achieved full coverage. The director may approve alternate designs in LID stormwater management areas.

(Ord. No. 2530, § 3, 7-21-2015; Ord. No. 2590, § 21, 8-21-2018)

All landscape projects which are subject to Redding Municipal Code Section 16.70.030 shall submit a complete Landscape Documentation Package prior to building permit issuance, followed by the submittal of a Landscape Certificate of Completion upon completion of the installation of the approved landscape and irrigation systems.

(Ord. No. 2530, § 3, 7-21-2015; Ord. No. 2590, § 22, 8-21-2018)

Prior to issuance of a certificate of occupancy, the landscape installation shall be approved by the development services director.

In the event the developer/owner cannot install the required landscape due to seasonal or weather conditions or other extenuating circumstances, a certificate of occupancy may be issued by the building official when the director determines all of the following are in evidence:

A.

Installation of the required landscape has commenced and is progressing as weather permits.

B.

The developer/owner is under contract with a landscape contractor or other responsible party for completion of the required landscape.

C.

Occupancy of the building while the landscape installation is being completed will not adversely affect public health or safety.

D.

It can be reasonably expected that the landscape installation will be completed within thirty days.

In the event the required landscape installation ceases and is not completed within sixty days of issuance of the certificate of occupancy, enforcement action shall be consistent with the provisions of the Redding Municipal Code and may be initiated by the building official in accordance with Section 18.47.110.

(Ord. No. 2530, § 3, 7-21-2015; Ord. No. 2590, § 23, 8-21-2018)

The applicant of any person may appeal the determination of the development services department within seven calendar days after approval of denial of the landscape plan has been signed by development services department staff. The appeal must be in writing; must be filed with the development services department, together with an appeal fee established by city council by resolution; and shall specify the determination(s) the appellant believes to be in error. In the event of an appeal, the matter shall be set for hearing before the planning commission not later than twenty-one days after the appeal is filed. Notice of the nature, time, and place of said hearing shall be given by the development services department to the applicant, the appellant, and the owners of abutting property by first class mail at least five calendar days prior to the hearing.

The planning commission shall hear the appeal at the time and place set forth in said notice and may continue the hearing from time to time for the purposes of considering further evidence. Not more than fourteen days following the close of the hearing, the planning commission shall render its decision.

(Ord. No. 2530, § 3, 7-21-2015)

The owner of land subject to this chapter shall be responsible for the maintenance of said land in conformance with the following standards, except as may be superseded by Chapter 14.09 (Water Shortage Contingency Plan):

A.

All landscaped areas shall be maintained in conformance with the following standards:

1.

All vegetation shall be maintained free of physical damage or injury arising from lack of water, chemicals, insects, diseases, or other such causes.

2.

Vegetation showing substantial damage or disease, or that has died, shall be replaced with the same or similar species of original installation size.

3.

Lawn areas are to be mowed regularly to avoid overgrown appearance.

4.

All planting areas are to be kept in a healthy and growing condition. Fertilizing, cultivating, pruning, weeding, and clean up refuse or debris shall be part of regular maintenance.

5.

Irrigation systems shall be kept in working condition. Adjustments, replacements, repairs, and cleaning shall be part of regular maintenance.

6.

Stakes, guys, and ties on trees shall be checked regularly for correct functions. Ties are to be adjusted to avoid creating abrasions or girdling of trunks or branches.

7.

Irrigation systems shall not create excessive overspray and runoff into walkways, streets, and other paved areas. Irrigations systems shall not be turned on during, and up to forty-eight hours after, measurable rainfall. Leaks in the irrigation system (such as broken sprinkler heads) shall be corrected within seventy-two hours of learning of the leak.

8.

Pruning of trees and shrubs shall conform to International Society of Arboriculture (ISA), Western Chapter, ANSI Z133.1, current Safety Standards; and ANSI Z133.1, current editions.

9.

All landscape planter areas originally top-dressed with wood products shall be replaced or refurbished periodically to prevent weed growth and maintain soil moisture.

10.

LID stormwater quality measures are to be maintained and replaced as scheduled or as needed in a timely manner to assure stormwater quality control measures are performing as designed and approved.

B.

Substantial alteration of required landscaped areas is prohibited without an amended landscape plan approved by the development services department.

(Ord. No. 2530, § 3, 7-21-2015)

A violation of any portion of this chapter and of guidelines adopted pursuant to this chapter is subject to the provisions in Chapter 1.13 (Administrative Citations) and Chapter 1.14 (Administrative Penalties and Abatement), of this Code in addition to other civil or administrative remedies.

(Ord. No. 2530, § 3, 7-21-2015)

River and creek corridor habitats support a great diversity of plants and animals, recharge aquifers, and filter some pollutants. These corridors are valuable as open-space areas and are of recreational and scenic interest. The purpose of this chapter is to provide adequate buffer areas between creek corridors and adjacent development to protect this valuable community resource as a natural, scenic and recreational amenity.

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

The provisions of this chapter apply to any property adjoining or including any of the waterways identified for protection in the general plan, except those properties previously developed in accordance with applicable codes and those "RE" and "RS" zoned parcels created prior to the adoption of this chapter. These waterways and their corresponding average buffer widths (setbacks) are shown in Schedule 18.48.020-A.

Schedule 18.48.020-A Waterway Corridor Setback Requirements

Notes:

¹  Average buffer required adjacent to the development. When the top-of-bank setback is greater than the setback from riparian vegetation, the greater setback shall be utilized. In no case shall the top-of-bank setback be less than twenty-five feet for creeks or seventy-five feet for the Sacramento River provided that an exception is granted in accordance with Section 18.48.040 of this chapter.

²  Lower reaches of the creek as illustrated in Figure 3-3 of the General Plan Natural Resources Element. Upper reaches are twenty-five feet from riparian vegetation and fifty feet from the bank, whichever is greater.

³  Reduced setbacks are appropriate for water-oriented/commercial activities and for bluff areas for that section of the river between the North Market Street bridge and the alignment of the future Parkview Bridge.

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

The following requirements pertain to all new developments along the waterways identified in Schedule 18.48.020-A, except as specifically provided in Sections 18.48.020 and 18.48.040.

A.

Setbacks, easements, or in-fee dedications are required for the stream corridor and buffer areas as follows:

1.

Ministerial projects (building permit; zoning clearance): development setbacks only. At the request of the property owner, the City may accept an offer of dedication and accept fee title to the buffer area.

2.

Discretionary land use entitlements (site development permits; use permits): dedicated to the City as an open-space easement.

3.

Subdivision maps: dedicated to the City as an open-space easement or dedicated "in fee" to the City.

B.

The average buffer widths depicted in Schedule 18.20.020-A may be increased by the approving authority if necessary to protect environmental resources as determined through the project environmental impact determination process.

C.

Where Chapter 18.51, "FP" Floodplain Overlay District, requires greater setbacks or dedications than shown in Schedule 18.48.020-A, the greater setbacks or dedications shall prevail.

D.

No structure, parking access, parking space, paved area, fence, swimming pool, structure, or other improvements shall be constructed within a buffer area except the installation of approved public facility infrastructure.

E.

It is intended that buffer areas be maintained in a natural state and not be landscaped. Removal of vegetation as may be required by the Fire Marshal or by authorized public improvements is acceptable subject to review of environmental impacts and identification of any necessary mitigation measures.

F.

Where constructed drainage devices and improvements are required, they shall be placed in the least visible locations and naturalized through the use of river rock, earth-tone concrete and/or native plant materials.

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

(Ord. No. 2671, § 8, 11-5-2024)

Existing Parcels. The director or in the case of site development permits or use permits, the board of administrative review and planning commission, respectively, may reduce the buffer area required by this chapter for nonexempt parcels created prior to adoption of this code. The reduction shall not be more than one-half the distance indicated on Schedule 18.48.020-A. Submission of a biological report prepared in accordance with this section and making the findings enumerated below is required.

New Parcels. A variance must be approved in accordance with the procedures established in Chapter 18.16 (Variances) of this title, for reduced buffer areas on parcels created after adoption of this code.

A.

Biological Report. The director shall require the applicant to submit a biological report prior to development review prepared by a qualified biologist for projects proposed within the buffer areas for the streams identified in Schedule 18.48.020-A.

1.

Exceptions. The director finds that significant alteration of naturally occurring vegetation within the affected corridor area has resulted from any of the following actions:

a.

The stream adjacent to the proposed development has been channelized.

b.

A levee has been constructed to contain flood flows.

c.

Significant fill material has been placed within the buffer area.

d.

Development has already occurred that alters the characteristics of the required buffer areas.

2.

Report Contents. The report shall describe and map (as appropriate) the flora and fauna located within the area proposed for development that is also within a required buffer, including any rare or endangered species found at the site. Appropriate mitigation measures shall be proposed as necessary.

B.

Required Findings. To approve a reduced setback, the approving authority shall make the following findings:

1.

The reduced setback avoids, to the extent feasible, riparian vegetation;

2.

Any impacts to state or federally listed plant or animal species will be fully mitigated;

3.

The reduced setback will not pose a threat to streambank stability or increase sediment in the stream;

4.

The ability to provide public access is not compromised if the master trail plan, or similar document, delineates the creek corridor for trail construction.

C.

Appeals. Appeals of setback determinations shall be conducted in accordance with the provisions of Section 18.11.090 (Appeals) of this title.

(Ord. 2381 § 14, 2007: Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)