A.

This chapter is adopted pursuant to the authority conferred by the State Airport Approaches Zoning Law. It is found that an airport hazard endangers the lives and property of users of Benton Airpark and of occupants of land in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking off, and maneuvering of aircraft, thus tending to destroy or impair the utility of Benton Airpark and the public investment therein. Accordingly, the following is declared:

1.

That the creation or establishment of an airport hazard is a public nuisance and an injury to the region served by Benton Airpark;

2.

That it is necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards be prevented;

3.

That the prevention of these hazards should be accomplished to the extent legally possible by the exercise of the police power without compensation.

B.

It is further declared that both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which the city may raise and expand public funds and acquire land or interests in land.

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

In order to carry out the provisions of this chapter, there are created and established certain zones which include all the land lying within the approach zones, transition zones, horizontal zone and conical zone. Such areas are shown on Benton Field—Airport Approaches Zoning Map, consisting of one sheet dated June 1962, prepared under the direction of the city airports director, which is incorporated in this chapter and made a part of this code. The various zones are established and defined as follows:

A.

Approach Zone. An approach zone is established at each end of all noninstrument runways for noninstrument landings and takeoffs. The approach zone shall have a width of two hundred fifty feet at a distance of two hundred feet beyond each end of the runway, widening thereafter uniformly to a width of two thousand two hundred fifty feet at a distance of ten thousand two hundred feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway.

B.

Transition Zones. Transition zones are established adjacent to each noninstrument runway and approach zone as indicated on the zoning map. Transition zones symmetrically located on either side of the runways have variable widths as shown on the zoning map. Transition zones extend outward from a line two hundred fifty feet on either side of the centerline of the noninstrument runway for the length of such runway, plus two hundred feet on each end, and are parallel and level with such runway centerlines. The transition zones along the runways slope upward and outward one foot vertically for each seven feet horizontally to the point where they intersect the surface of the horizontal zone. Further, transition zones are established adjacent to approach zones for the entire length of the approach zones. These transition zones have variable widths as shown on the zoning map. The transition zones flare symmetrically with either side of the runway approach zones from the base of the zones and slope upward and outward at the rate of one foot vertically for each seven feet horizontally to the points where they intersect the surface of the horizontal zone.

C.

Horizontal Zone. A horizontal zone is established as the area within a circle with its center at the airport reference point and having a radius of five thousand feet. The horizontal zone does not include the approach zones and the transition zones.

D.

Conical Zone. A conical zone is established commencing at the periphery of the horizontal zone and extending to a distance of eight thousand feet from the airport reference point. The conical zone does not include the approach zones and transition zones.

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

A.

Except as otherwise provided in this chapter, no structure or tree shall be erected, altered, allowed to grow, or maintained in any zone created by the provision of this chapter to a height in excess of the height limit established of such zone. The height limitations are computed from the established airport elevation and are established for each of the zones in question as follows:

1.

Approach Zones. One foot in height for each twenty feet in horizontal distance beginning at a point two hundred feet from the end of the noninstrument runway and extending to a point ten thousand two hundred feet from the end of the runway.

2.

Transition Zones. One foot in height for each seven feet in horizontal distance beginning at a point one hundred twenty-five feet from the centerline of noninstrument runway, measured at right angles to the longitudinal centerline of the runway, extending upward to a maximum height of one hundred fifty feet above the established airport elevation, which is seven hundred nineteen feet above mean sea level. In addition to the foregoing, there are established height limits of one foot vertical height for each seven feet horizontal distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward and outward to the points where they intersect the horizontal surfaces.

3.

Horizontal Zone. One hundred fifty feet above the established airport elevation or a maximum height of eight hundred sixty-nine feet above mean sea level elevation, with a radius of five thousand feet measured from the airport reference point.

4.

Conical Zone. One foot in height for each twenty feet of horizontal distance beginning at the periphery of the horizontal zone and measured in an inclined plane passing through the airport reference point, extending out from the horizontal surface three thousand feet measured on a horizontal plane.

B.

Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail.

C.

Nothing in this chapter shall be construed as prohibiting the growth, construction, or maintenance of any tree or structure to a height up to forty-five feet above the surface of the land.

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

Notwithstanding any other provisions of this chapter, no use may be made of land within any zone established by this chapter in such a manner as to create electrical interference with radio communications between the airport and aircraft; make it difficult for flyers to distinguish between airport lights and others; result in glare in the eyes of flyers using the airport, impairing visibility in the vicinity of the airport; or otherwise endanger the landing, taking off or maneuvering of aircraft.

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

A.

The regulations prescribed by this chapter shall not be construed to require the removal, lowering, or other changes or alterations of any structure or tree not conforming to the regulations as of the effective date of this chapter or otherwise interfere with the continuance of any nonconforming use. Nothing contained in this chapter shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this chapter and is diligently prosecuted.

B.

Notwithstanding the provisions of the previous subsection, the owner of any nonconforming structure or tree is required to permit the installation, operation, and maintenance thereon of such markers and lights as are deemed necessary by the city airports director to indicate to the operators of aircraft in the vicinity of the airport the presence of the airport hazards. The markers and lights shall be installed, operated, and maintained at the expense of the city.

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

A.

Future Uses. Except as specifically provided in this subsection, no material change shall be made in the use of land and no structure or tree shall be erected, altered, planted or otherwise established in any zone created in Section 18.50.020 of this chapter unless a permit has been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations prescribed in this chapter. If the determination is in the affirmative, the permit shall be granted.

1.

In the area lying within the limits of the horizontal zone and the conical zone, no permit shall be required for any tree or structure less than seventy-five feet of vertical height above the ground except when because of terrain, land contour or topographic features, the tree or structure would extend above the height limits prescribed for the zone.

2.

In the area lying within the limits of the approach zones, but at a horizontal distance of not less than four thousand two hundred feet from each end of the runways, no permit shall be required for any tree or structure less than seventy-five feet of vertical height above the ground except when the tree or structure would extend above the height limit prescribed for the approach zone.

3.

Nothing contained in any of the exceptions set forth in this subsection shall be construed as permitting or intending to permit any construction, alteration or growth of any structure or tree in excess of any of the height limits established by this chapter except as set forth in Section 18.50.030 of this chapter.

B.

Existing Uses. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, structure or tree to be made or become higher or become a greater hazard to air navigation than it was on the effective date of this chapter or any amendments thereto or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.

C.

Nonconforming Uses Abandoned or Destroyed. Whenever the city building inspector determines that a nonconforming structure or tree has been abandoned or more than eighty percent torn down, physically deteriorated or decayed, no permit shall be granted that would allow the structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.

D.

Variances. Any person desiring to erect or increase the height of any structure or permit the growth of any tree or use his or her property not in accordance with the regulations prescribed in this chapter may apply to the airport zoning commission for a variance from such regulations. Such variances shall be allowed when it is duly found that a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest, but would do substantial justice and be in accordance with the spirit of this chapter.

E.

Hazard Marking and Lighting. If such action is deemed advisable to effectuate the purpose of this chapter and be reasonable in the circumstances, any permit or variance granted may be so conditioned as to require the owner of the structure or tree in question to permit the city, at its own expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard.

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

It is the duty of the city building inspector to administer and enforce the regulations prescribed in this chapter. Applications for permits and variances shall be made to the building inspector upon a form furnished by him or her. Applications required by this chapter to be submitted to the building inspector shall be promptly considered and granted or denied by him/her. Applications for action by the airport zoning commission shall be forthwith transmitted by the building inspector.

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

A.

The airport zoning commission shall hear and decide appeals from any order, requirement, decision or determination made by the city airports director or building inspector in the enforcement of this chapter; hear and decide special exceptions to the terms of this chapter upon which the commission under such regulations may be required to pass; and hear and decide specific variances.

B.

The chairperson of the planning commission shall be the chairperson of the airport zoning commission with meetings of the commission being held at the call of the chairperson and at such other times as the commission may determine, but usually concurrently with planning commission meetings. All hearings of the commission shall be public with the director keeping minutes of commission proceedings, records of commission examinations and other official actions, all of which shall immediately be filed in the office of the director and shall be matters of public record.

C.

The commission shall make written findings of fact and conclusions of law, giving the facts upon which it acted and its legal conclusion from such facts in revising, affirming or modifying any order, requirement, decision or determination which comes before it under the provisions of this chapter.

D.

The concurring vote of a majority of the members of the commission shall be sufficient to reverse any order, requirement, decision or determination of the city airports director or building inspector or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect any variation in this chapter.

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

A.

Any person aggrieved or any taxpayer affected by any decision of the city airports director or building inspector, if of the opinion that any such decision is an improper application of these regulations, may appeal to the commission.

B.

All appeals must be taken within a reasonable time as provided by the rules of the commission by filing with the director a notice of appeal specifying the grounds thereof. The director shall forthwith transmit to the commission all the papers constituting the record upon which the action appealed from was taken.

C.

An appeal shall stay all proceedings in furtherance of the action appealed from unless the city airports director or building inspector, as the case may be, certifies to the commission after the notice of appeal has been filed with it that by reason of the facts stated in the certificate, a stay would cause imminent peril to life and property. In such case, proceedings shall not be stayed except by order of the commission on due cause shown.

D.

The commission shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest, and decide appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.

E.

In conformity with the provisions of this chapter, the commission may reverse or affirm in whole or in part or modify the order, requirement, decision, or determination appealed from and may make the order, requirement, decision, or determination as may be appropriate under the circumstances.

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

Each violation of this chapter or of any regulation, order or ruling promulgated hereunder shall constitute a misdemeanor and be punishable by a fine of not more than five hundred dollars or imprisonment for not more than ninety days or both such fine and imprisonment; and each day a violation continues to exist shall constitute a separate offense.

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

A.

The Federal Emergency Management Agency (FEMA) requires that flood-hazard regulations be adopted by all agencies participating in the National Flood Insurance Program which was established by Congress for the purpose of minimizing flood losses by providing federally subsidized flood insurance for existing structures and reduced premiums for new structures. To participate in the program, the city must adopt and enforce floodplain-management measures to reduce the risk of flood losses. It is the purpose of the "FP" combining district to implement this federal mandate, to carry out the city's general plan policies regarding development in floodplain areas, and to provide land-use regulations in areas with properties situated within the designated floodplains of rivers, creeks, streams and water courses in order to:

1.

Protect human life and health, safety and welfare;

2.

Minimize public and private losses as a product of floods or construction in flood-hazard areas;

3.

Require that uses vulnerable to floods be protected against flood damage by incorporating floodproof construction standards in their design or be developed outside flood-prone areas at the time of their initial construction;

4.

Protect riparian corridors along waterways by reducing alterations to the natural floodplain and stream channels;

5.

Prohibit filling, grading, dredging or development which may individually or cumulatively cause flood damage or danger to life or property;

6.

Prevent stream erosion which may adversely affect the fisheries of streams and the river or cause loss of property;

7.

Prevent the construction of flood barriers which may unnaturally direct floodwaters or raise flood levels thereby increasing flood hazards in other areas;

8.

Protect areas of pleasing appearance to the community and visitors, enhance the natural environment through the provision of open-space, break up the monotony of continuous urban development and increase community pride;

9.

Make every effort to preserve and improve public access to and along the Sacramento River and creeks for riding, hiking, fishing and nature observation;

10.

Encourage development to occur outside of flood-prone areas. Discourage development within the one-hundred-year floodplain;

11.

Reduce public liability and the need for expensive public works projects in flood-prone areas. Minimize damage to public facilities and utilities located in areas of special flood hazard;

12.

Preserve wildlife and wildlife habitat along the Sacramento River and area creeks from erosion, loss of vegetation, degradation of water quality and loss of thermal cooling;

13.

Ensure that adequate capacity for future urban runoff is reserved;

14.

Recognize the Sacramento River as an economic resource for tourism, commercial recreation, private recreation and public enjoyment;

15.

Ensure that as a product of any encroachment into the floodplain, flood levels are not significantly raised on other properties;

16.

Ensure that stream velocities are not significantly increased, which could cause erosion above, below or across from an area of encroachment or realignment;

17.

Ensure that proposals to encroach into floodplains fully address the following issues:

a.

Size of stream, major or minor,

b.

Existing and future volume of water,

c.

Existing and future changes in the velocity of water,

d.

Impact on adjoining properties,

e.

Potential for increased erosion upstream or downstream,

f.

Potential for riprap and type of riprap,

g.

Riparian habitat,

h.

Fisheries and wildlife,

i.

Urban trails and fishing access,

j.

Water temperature,

k.

Aesthetics,

l.

General plan consistency,

m.

Liability, both public and private,

n.

Depth of floodplain and fill needed,

o.

Amount of existing usable area on parcel and additional area to be created,

p.

Maintenance responsibility and costs,

q.

Short-term gains versus long-term costs,

r.

Future increases in runoff.

18.

Protect individuals from buying land by identifying such land which is unsuited for intended purposes because of flood hazards;

19.

Minimize prolonged business interruptions;

20.

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.

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

The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) for Shasta County, California and Incorporated Areas dated December 16, 2021, and accompanying Flood Insurance Rate Maps (FIRMS) and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. The FIS and attendant mapping are the minimum area of applicability of this chapter and are supplemented by the Citywide Storm Drain Master Plan by Montgomery-Watson Engineers dated October 1993. These studies may be further supplemented by the Floodplain Administrator based upon the best available information, which may include any base flood elevation and floodway data available from a federal or state agency, other flooding studies, measured high-water elevations from historic flooding events, local topography, or other available information accepted by the City Engineer. The FIS, FIRMs, Montgomery-Watson drainage study and any other special studies are on file at the Development Services Department, 777 Cypress Avenue, Redding, California 96049-6071.

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

(Ord. No. 2438, § 6, 10-26-2009; Ord. No. 2668, § 1, 4-18-2024)

A.

Applicability. The regulations of this chapter provide seven levels of protection within and along waterways of the "FP" Floodplain Overlay District by (1) generally prohibiting development within the floodway, (2) allowing only limited use and development in the flood fringe, (3) regulating uses and development on properties contiguous to the flood fringe and outside of the floodplain, which do not meet the minimum protection standards, (4) reviewing proposed development located in designated scenic corridors, (5) reviewing all development permits to determine that the permit requirements of this chapter have been satisfied, (6) reviewing all permits to determine that the site is reasonably safe from flooding, and (7) reviewing all development permits to determine if the proposed development adversely affects the flood-carrying capacity of the area of special flood hazard.

Accordingly, the regulatory scope of this chapter is as follows:

1.

These regulations and standards shall be applied uniformly to all lots which, after considering evidence from flood experience and engineering studies, are deemed subject to inundation by a 100-year flood or are within the "FP" District of the City limits. These regulations and standards are recommended for all lots meeting the same criteria within the City's sphere of influence.

2.

These regulations and standards shall apply to land outside the FEMA floodplain but within the "FP" District if the Planning Commission determines that the proposed development or use of the property bears relationship to the floodplain, has an unprotected lowest floor level of less than two feet above the 100-year flood elevation, may adversely affect a designated scenic corridor, or is in an area where a potential of bank undermining exists.

3.

Property that is determined to be contiguous to, within, or partially within the floodplain subsequent to the adoption of this chapter is automatically subject to the regulations of the "FP" District without further consideration by the Planning Commission and City Council and shall be considered as if already zoned "FP" District.

4.

Ensure that floodplain development does not unnecessarily adversely affect a scenic corridor or riparian habitat.

B.

Interpretation.

1.

Except as provided for in this chapter, all development and uses in the base floodplain, including grading and fill, are prohibited without approval as specified herein.

2.

Any development within the floodplain, as determined by FEMA or higher floodplain elevation adopted by the Citywide Storm Drain Master Plan, shall comply with the standards of Section 60.3(a, b, c, and d) and Section 60.6(a) of the Rules and Regulations of the National Flood Insurance Program (44 CFR 59), incorporated herein by reference; the development standards of this chapter; and any conditions of approval applied to the development.

3.

Where there appears to be a conflict between a mapped boundary and actual field conditions and the conflict cannot be attributed to fill material being deposited to alter the elevations, the Floodplain Administrator and City Engineer may make interpretations, where needed, as to the exact location of the boundary of the floodway and 100-year floodplain consistent with the purpose of this chapter. Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation to the Planning Commission. Such appeals shall be reviewed consistent with the variance and exception procedures of Title 44, Section 60.6 of the Rules and Regulations of the National Flood Insurance Program (44 CFR 59, etc.). All costs for information necessary to make an interpretation shall be borne by the property owner and shall follow the procedures listed in Section 18.51.100.

4.

Backwater areas along streams, which rise or fall with the level of water in the adjacent stream, are considered to be within the base floodplain of the adjacent creek or stream unless proven by a registered hydrologist/ engineer that these water levels are not the same level as the base flood of the adjacent stream and may have a base floodplain of their own.

5.

When base flood elevation data has not been provided by federal, state, or local agencies, the owner shall be responsible for obtaining the information in accordance with Section 18.51.100.

6.

The Transportation and Engineering Department and Development Services Department will review proposed development to ensure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972 and CDFG's 1601 or 1603 Agreements.

C.

Department Records.

1.

In addition to the requirements of the building code and these regulations, and regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of these regulations.

(Ord. 2381 § 15, 2007; Ord. 2374 § 26, 2006: Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

(Ord. No. 2438, § 6, 10-26-2009; Ord. No. 2668, § 1, 4-16-2024)

Structures or insurable improvements other than those listed in Sections 18.51.060 and 18.51.070 of this chapter shall not be located within the floodway.

The following uses in a floodway and flood-fringe area are prohibited unless the area is raised to a height of flood protection elevation (one foot above the base floodplain elevation) based upon an approved application for encroachment:

A.

The storage or processing of materials that, in time of flooding, are buoyant or explosive; that could be injurious to human, animal or plant life; or that may affect the capacity of the floodway or increase flood heights.

B.

The storage or parking of recreational vehicles as defined in Section 18.51.020 of this chapter within the floodway or floodplain of local streams.

C.

Underground storage of toxic or flammable substances that could be injurious to human, animal or plant life.

D.

Fences or walls unless the wall is along a street arterial. Street arterial walls must provide proper openings to allow passage of floodwaters.

E.

Swimming pool equipment.

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

The following uses are allowed within the floodway and flood fringe, provided they are allowed in the district combined with the "FP" District, meet the FEMA development standards, and are approved by all agencies with jurisdiction:

A.

Emergency actions approved by the city manager taken to protect existing property or facilities, not including concrete or asphalt riprap or narrowing the existing channel.

B.

Removal of water-deposited debris that could result in channel alteration subject to obtaining a grading permit and any permits from the State Department of Fish and Wildlife.

C.

Maintenance and repair to existing structures and yards pursuant to Chapter 18.48, Nonconforming Uses, Structures, Sites, Parcels and Signs, of this code and normal maintenance of existing channels, ditches or levees.

D.

Bridges with a design capacity to pass a one hundred-year flood without impedance of base floodwaters (bridges without piers or abutments in the floodway), taking into consideration full urbanization of the tributary area.

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

(Ord. No. 2590, § 24, 8-21-2018)

The following uses may be permitted by use permit in the "FP" District for the area of floodway and flood fringe, provided such uses meet the standards of Section 18.51.080 and Section 18.51.100 and are approved by all agencies with jurisdiction:

A.

In the Floodway or Flood Fringe.

1.

Dams or diversions for water supply, flood control, hydroelectric production, irrigation or fisheries enhancement. Levees and pumping stations.

2.

Actions approved by the State Department of Fish and Wildlife to enhance riparian or wildlife habitat. Streambank stabilization structures.

3.

Gravel- and sand-extraction operations along such waterways as Stillwater Creek, Clear Creek and the Sacramento River when a riparian and fishery reclamation plan has been approved by the planning commission and necessary permits have been obtained from the State Department of Fish and Wildlife and the Army Corps of Engineers, provided such operations will not broaden the floodplain nor direct flood flows out of the natural floodplain.

4.

Bridges with piers or abutments in the floodway or flood fringe.

5.

Water-related recreational uses not exceeding thirty consecutive days in any one year, excluding recreational uses that create permanent improvements or would result in destruction of banks.

B.

In the Flood Fringe Only.

1.

Public parks, picnic areas, playgrounds, boat launch, equestrian, pedestrian and bicycle trails, and golf courses which involve only the open use of land without permanent structures and which do not impede flood flows.

2.

Underground utilities including sewer, water, electric, telephone and cable lines properly floodproofed. Overhead electric lines greater than twelve kilovolts.

3.

Agriculture and hobby farming, including field crops, orchards, vineyards and grazing.

4.

New residential or substantially improved residential structures, agricultural, commercial, and industrial structures permitted by the underlying district regulations involved, provided floodproofing and/or flood-protective measures have been installed in a manner meeting with the approval of the floodplain administrator, city engineer, building official and fire marshal.

5.

Mobile homes or manufactured homes.

6.

The storage or parking of recreational vehicles within the floodplain of the Sacramento River.

7.

Unless otherwise noted, any use allowed by the district with which the "FP" District is combined may be permitted subject to obtaining a use permit and meeting the standards of Sections 18.51.090 and 18.51.100, provided the following are in evidence:

a.

The use meets the provisions of this chapter.

b.

The use is consistent with the Redding general plan.

c.

The use is consistent with the zoning of the parcel.

d.

Adequate floodproofing and/or flood-protection measures have been installed meeting with the approval of the floodplain administrator, city engineer, building official, fire marshal, and planning commission.

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

(Ord. No. 2590, § 25, 8-21-2018)

The following uses are permitted without a use permit in the "FP" district for the area outside the flood fringe:

A.

Any permitted use in the district combined with the "FP" district, provided there is not any encroachment into the base floodplain. The minimum setback from the base floodplain lines shall be thirty feet when adjacent to the Sacramento River where there is moving water. The minimum setback from the base floodplain line shall be fifteen feet, when adjacent to any creek. The lowest floor elevation of any habitable structure shall be one foot above the base floodplain elevation, as identified by FEMA or the city's master storm drain study, whichever is highest, and the structure shall have year-round access not subject to inundation by a base flood of a depth of more than one foot.

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

Any structures or construction activities within the flood fringe or floodway shall be subject to the following:

A.

Construction, General.

1.

No construction or grading is to limit the capacity of the floodway or increase the base flood elevation unless the following requirements are met:

a.

Revision to the Flood Insurance Rate Map is prepared by the applicant's engineer and is adopted by FEMA in accordance with 44 CFR 65 to incorporate the increase in the base flood elevation.

b.

Appropriate legal documents are prepared in which all property owners affected by the increased base flood elevations consent to the impacts on their property.

B.

Anchoring.

1.

All new construction and substantial improvements subject to a 100-year flood shall be anchored to prevent flotation, collapse, or lateral movement of the structure.

C.

Construction Materials and Methods.

1.

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage and flood-resistant materials, as specified in FEMA Technical Bulletin 2-93 entitled, Flood-Resistant Materials Requirement, when subject to a 100-year flood.

2.

All new construction and substantial improvements shall use methods and practices that minimize flood damage.

3.

All nonstructural elements that function as a part of the structure, such as furnace, hot-water/heater, air conditioner, electrical equipment, plumbing fixtures, and other service facilities shall be elevated to one foot above the base flood elevation or to the depth number specified on the Flood Insurance Rate Map (FIRM) or the Citywide Storm Drain Master Plan (whichever is more restrictive), plus one foot.

D.

Elevation and Flood-Proofing.

1.

Residential construction, and accessory structures thereto, including new or substantial improvement in flood zones A, AE, AO, or A1-30, shall have the lowest floor, including basement and machinery and equipment servicing the building, elevated a minimum of one foot above the base flood elevation, as determined by the FIRM maps, by the method in Section 18.51.100, or by the Citywide Master Storm Drain Study by Montgomery-Watson Engineers, whichever is more restrictive. The elevation of the lowest floor, including the basement, shall be certified by a registered professional engineer or licensed land surveyor per Section 18.51.080(D)(4) and (5). Said certification shall be submitted to the development services department for approval and to verify that certification requirements have been met.

2.

Nonresidential construction, including new or substantial improvement, shall either be elevated consistent with subsection (D)(1) of this section or together with attendant utility and sanitary facilities shall be required to do the following:

a.

Be floodproofed below the elevation required under Section 18.51.080(D)(1) of this section so that the structure is watertight with walls substantially impermeable to the passage of water.

b.

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

c.

Be certified by a registered professional engineer, licensed land surveyor, or architect that the standards of this subsection and the standards required in FEMA Technical Bulletin 3-93, entitled Nonresidential Flood Proofing Requirements and Certification are satisfied. Such certifications shall be provided to the City's Development Services Department.

3.

All new construction and substantial improvement with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access, or storage and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must meet the specifications in the FEMA Technical Bulletins 1-93 and 7-93, entitled Openings in Foundation Walls and Wet Flood proofing Requirements, respectively, and/or exceed the following minimum criteria:

a.

Be certified by a registered professional engineer or architect.

b.

Have a minimum of two openings on different sides of the structure, having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.

4.

An Elevation Certificate for residential construction (FEMA Form FF-206-FY-22-152) of the lowest adjacent grade and lowest floor, based on construction drawings, shall be required prior to issuance of a building permit. Prior to pouring a foundation, the engineer shall provide written verification that the foundation form elevations are consistent with elevations shown on approved construction drawings. A second certification of the elevation of the lowest floor and utilities is required at the time of finished construction prior to final building permit approval (prior to occupancy). The Elevation Certificates must be prepared by a licensed land surveyor, registered professional engineer, or architect who is authorized by state or local law to certify elevation and shall be approved by the Development Services Department. Failure to submit elevation certification shall be cause to issue a stop-work order for a project.

5.

An Elevation Certificate (FEMA Form FF-206-FY-22-152) or a nonresidential Flood Proofing Certificate (FEMA FF-206-FY-22) for nonresidential construction is required prior to issuance of a building permit. Prior to pouring a foundation, the engineer shall provide written verification that the foundation form elevations are consistent with elevations shown on approved construction drawings. A second Elevation Certificate is required at the time of finished construction, prior to the final building permit.

E.

Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, repair, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall:

1.

Estimate the market value, or require the applicant to obtain a professional appraisal prepared by a qualified independent appraiser, of the market value of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.

2.

Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, where applicable, to the market value of the building or structure.

3.

Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.

4.

Notify the applicant when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage.

F.

Standards for Utilities.

1.

All new and replacement water-supply and sanitary-sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters.

2.

On-site, waste-disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

G.

Standards for Levees.

1.

Design criteria for levees shall incorporate adequate design, operation, and maintenance systems to provide protection from the base flood. The following requirements must be met:

a.

Freeboard. Riverine levees must provide a minimum freeboard of three feet above the water-surface level of the base flood. An additional one foot above the minimum is required within one-hundred feet of either side of structures (such as bridges) riverward of the levee or wherever the flow is constricted. An additional one-half foot above the minimum at the upstream end of the levee, tapering to not less than the minimum at the downstream end of the levee, is also required.

H.

Standards for Manufactured Homes.

1.

All manufactured homes that are placed or substantially improved within Zones A, AO, A1-30, AE, or AH on the Flood Insurance Rate Map or in the 100-year floodplain as identified on the Citywide Storm Drain Master Plan shall be elevated on a permanent foundation such that the lowest floor of the manufactured home, including machinery or equipment servicing the building, is elevated at least one foot above the base floodplain elevation and be securely fastened to an adequately anchored foundation system to resist flotation collapse and lateral movement.

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

(Ord. No. 2438, § 6, 10-26-2009; Ord. No. 2570, § 8, 4-4-2017; Ord. No. 2668, § 1, 4-16-2024)

Existing parcels which, at the time of the effective date of this chapter, fall wholly within a floodplain or which have a residual area outside the floodplain which, by itself, does not meet the minimum lot size for the zoning district in which it is located or is less than five thousand square feet, whichever is less, may seek relief as follows:

A.

Petition to encroach into the flood fringe pursuant to Section 18.51.100 of this chapter;

B.

Seek a use permit to reduce any required setback by fifty percent, provided the floodplain area is placed in an open-space easement or dedicated to the city;

C.

Offer to dedicate the flood-fringe area to the city council in exchange for a dwelling-unit credit at a ratio of one unit per ten acres dedicated. Floodplain areas claimed by the state of California (reclamation board's designated floodway) are not eligible for a dwelling-unit credit. If the city council approves the exchange, the dwelling-unit credit could then be added to the density of any unsubdivided residential property of five acres or more in the city subject to the following:

1.

Any dwelling-unit credit must be used within five years of the date approved by the city council,

2.

The density of the recipient property is not increased by more than twenty percent above what the Redding general plan otherwise would allow,

3.

The dw8elling-unit credit would not change the intended use shown by the general plan. For example, single-family would not become multiple-family,

4.

The development of the recipient property meets all other standards of the city pertaining to the property,

5.

The dwelling-unit credit is not in addition to any other bonus-density provisions sought for the property,

6.

Any dwelling-unit credit shall be in the form of a recorded agreement,

7.

The fringe area shall be calculated as follows:

a.

The base floodplain elevation and the edge of floodway shall be plotted on a one- to four-foot interval contour map of the property. The area then bounded by the edge of floodway, edge of base floodplain, and property lines shall then be planimetered to calculate the flood fringe. That number shall then be divided by ten and reduced to the nearest whole number. In the event the flood-fringe area is less than ten acres, one dwelling unit credit can be given.

8.

Any offer to dedicate flood fringe shall also include any adjacent floodway under the same ownership.

9.

Areas that are surrounded by floodway are not considered eligible for density credit.

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

Property owners requesting permission to encroach into the flood fringe shall submit to the planning commission a hydraulic assessment of the base flood event prepared by a hydrologist who is a registered civil engineer. The cost of evaluating the analysis by the city or its consultant will be the responsibility of the applicant. The assessment shall meet the requirements for surveying, hydraulic analysis, and flood-flow frequency analysis, as outlined in the Guidelines and Specifications for Study Contractors prepared by FEMA, dated January 1995, or as subsequently amended. The city shall specify the hydraulic method and model to be used. Acceptable models for water-surface profiles include the latest version of the HEC-2, HEC-RAS, HEC-HMS, HSPF, or other identical models. The city shall also require that calculations include the runoff from projected upstream urbanization of the tributary area, which may be obtained from the HEC-1 (HEC-HMS) hydrograph model.

Except along the Sacramento River, the assessment shall include a flood-flow frequency analysis obtained from HECWRC Program Model (CPD 13); and when there is insufficient gauged flood history, then the frequency analysis and associated levels of confidence shall be developed through sensitivity analysis of rainfall and runoff parameters impacts using HEC-1 (HEC-HMS). The results of the estimated frequency curve of the base flood event and resulting surface-water analysis shall be compared with a frequency chart using a ninety percent confidence limit and curves of standard deviations from the mean versus the frequency exceedance range, showing bands of confidence ranging from five hundredths to ninety-five hundredths.

Except along the Sacramento River, the assessment shall also include calculations and cross sections with a minimum interval of one hundred feet or less based on one-foot contour intervals and shall be submitted in a format for review by the city relative to FEMA flood insurance study guidelines. Additional information may also be required by the city as necessary to make a final determination.

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

All requests for encroachments into a floodplain shall, to the greatest extent possible, assume equal encroachment on both sides of a stream, unless it can clearly be determined that the opposite bank above the base floodplain elevation which would be affected is unusable and not subject to erosion or undercutting from increased water velocity or raised flood levels or has been placed in a permanent open-space status to the extent that there would be no impact from an increase in the level of the base flood.

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

Any application for encroachment into a flood-fringe area shall be subject to environmental clearance under the California Environmental Quality Act (CEQA). Any encroachment which significantly raises the projected flood levels on adjacent property or has the potential to increase erosion or diverts the natural flow of water shall be subject to an environmental impact report. The environmental impact report shall evaluate the area needed to make a determination, taking into consideration the cumulative and long-term impact of the proposed encroachment, the relationship of the project to the purpose of this chapter and alternatives to the proposed project.

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

The city will notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation of a floodway or floodplain, submit evidence of such notification to the Federal Emergency Management Agency (FEMA) in a request for a conditional letter of map revision (CLOMR), and ensure that the flood-carrying capacity of the altered or relocated portion of said watercourse is maintained. Whenever base flood-elevation changes are due to physical alterations, the city shall submit technical or scientific data to FEMA for a letter of map revision (LOMR) within six months of information becoming available or project completion, whichever comes first. Preparation of the conditional LOMR application by the applicant's engineer and approval of the conditional LOMR by FEMA will be required prior to issuance of a grading permit or building permit. Approval of the final LOMR is typically required prior to final building permit approval (certificate of occupancy).

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

(Ord. No. 2438, § 6, 10-26-2009)

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. It is probable that larger floods can and will occur, that the base flood may occur more often than the one percent frequency, and that flash floods may cause equal or greater damage. Flood heights inside the city limits may also be increased by manmade or natural causes in unincorporated areas. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damage. This chapter shall not create liability on the part of the city or any officer or employee thereof, the state of California, or the Federal Insurance Administration of the Federal Emergency Management Agency for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

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

A.

Floodway. If any nonconforming use or structure within the floodway is destroyed by any means, including floods to an extent of fifty percent or more of its market value as defined in Section 18.51.020, it shall not be reconstructed.

B.

Flood Fringe. Within the flood fringe, a structure may be reconstructed pursuant to the Nonconforming Uses, Structures Section of the City's Zoning Code, provided that upon reconstruction, the structure is adequately and safely flood proofed, elevated, or otherwise protected in conformity with the requirements of this chapter.

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

(Ord. No. 2668, § 1, 4-16-2024)

No building permit, license, certificate or other approval or entitlement shall be issued or given by the city or any department or employee thereof with respect to any improvement until the design of the improvement has been approved, as provided in this chapter, and the one-hundred-year flood elevation has been determined. No certificate of use and occupancy or similar approval shall be issued or given for any improvement subject to use permit by this chapter, unless and until a representative of the development services department has certified that the improvement has been completed in accordance with the use permit approved pursuant to this chapter.

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

A.

Any improvement constructed, located, repaired, altered or maintained contrary to the provisions hereof, after the effective date of this chapter, is hereby declared to be unlawful and a public nuisance. If any permit is issued based on plans or other submittals by the applicant or his or her representative which are contrary to this chapter or planning commission approval, the applicant shall be responsible for correcting any work done under such permit in order to bring it into conformance with the approved design.

B.

Any grading or filling within the floodplain contrary to the provisions of this chapter is hereby declared unlawful and a public nuisance.

C.

When the city engineer has been made aware of the unlawful deposit of filling or grading within the floodplain, he or she shall advise the property owner by registered mail that such material shall be removed within thirty working days and that a riparian reclamation plan must be submitted for approval by the planning commission within the same period of time. Thereafter, the property owner will have nine months to implement the approved plan. The city-approved reclamation plan shall be recorded and shall remain in the title report until the city is satisfied that compliance has been achieved. Within thirty days of planning commission approval, the property owner shall deposit improvement security based on the value of reclamation improvements to ensure that the plan is implemented. Until such time as the property is restored to its natural conditions, no building, grading or use permit shall be issued for improvement of the property.

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

A.

Unless encroachment into the flood fringe has been approved by the planning commission or the city council, as the case may be, no subdivision shall be approved which creates lots that extend into any flood fringe or floodway area and no lots shall use areas subject to flooding by a base flood in order to meet minimum area requirements. The surface area of all lots in a subdivision that are not subject to flooding by a base flood shall be a minimum of one foot above the base flood elevation; or all lowest floor elevations, including basements, shall be at least one foot above the base floodplain elevation. Both the tentative and final maps for a subdivision shall show the boundary of the base flood. The boundary shall be certified by the engineer preparing the map. All final maps shall also have a warning note on the map similar to Section 18.51.140 of this chapter.

B.

All final subdivision plans will provide the elevation of proposed structures, pads, and adjacent grade. If the site is filled above the base floodplain, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the city engineer and shown on the final map. Approval of a conditional letter of map revision (CLOMR) by FEMA shall be required prior to grading.

C.

All subdivision proposals shall be consistent with the need to minimize flood damage.

D.

All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.

E.

All subdivision proposals shall have adequate drainage, provided to reduce exposure to flood damage. Certification of compliance shall be required of the developer.

F.

Subdivisions will be required to have the base floodplain elevation established with consideration of the tentative map.

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

A.

The Planning Commission shall hear requests for variances from the requirements of this chapter.

B.

Those aggrieved by the decision of the Planning Commission may appeal such decision to the City Council.

C.

In considering a variance application, the Planning Commission shall consider all technical evaluations, all relevant factors, standards, etc., specified in other sections of this chapter, and:

1.

The danger that materials may be swept onto other lands to the injury of others.

2.

The danger to life and property due to flooding or erosion damage.

3.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

4.

The importance of the services provided by the proposed facility to the community.

5.

The necessity to the facility of a waterfront location, where applicable.

6.

The availability of alternative locations for the proposed uses that are not subject to flooding or erosion damage.

7.

The compatibility of the proposed use with existing and anticipated development.

8.

The relationship of the proposed use to the comprehensive plan and floodplain-management/program for that area.

9.

The safety of access to the property in times of flood for ordinary and emergency vehicles.

10.

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.

11.

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities, such as sewer, gas, electrical, water system, and streets and bridges.

D.

Upon consideration of the factors of Section 18.51.190(C) and the purpose of this chapter, the Planning Commission may attach such conditions to the granting of variances as it deems necessary to further the purpose of this chapter.

E.

The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration of the Federal Emergency Management Agency in the biennial report.

F.

Conditions for Variances:

1.

Variances may be issued for the repair, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, provided that the proposed repair, rehabilitation, or restoration will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

2.

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

3.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

4.

Variances shall only be issued upon:

a.

A showing of good and sufficient cause, such as renovation, rehabilitation, or reconstruction. Variances issued for economic considerations, aesthetics, or because variances have been used in the past, are not good and sufficient cause.

b.

A determination that failure to grant the variance would result in exceptional hardship to the applicant.

c.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense; create nuisances; cause fraud on or victimization to the public; or conflict with existing local laws or ordinances.

5.

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. It is recommended that a copy of the notice be recorded by the Floodplain Administrator in the Office of the Shasta County Recorder and be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

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

(Ord. No. 2668, § 1, 4-16-2024)

The specific purposes of the "MR" mineral resources overlay district are to:

A.

Provide sites for mineral resource extraction activities in the overlay area;

B.

Ensure that appropriate, compatible uses are allowed;

C.

Ensure that there is an ultimate reuse plan;

D.

Prevent adjacent uses from being impacted;

E.

Consider protection of mineral resources in the development process.

(Ord. 2403 § 12 (part), 2008: Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Schedule 18.52.02-A establishes land use regulations that are in addition to the regulations of the base district with which the "MR" overlay district is combined. The "P" designates permitted uses. The "S" designates use classifications that are permitted after review and approval of a site development permit by the board of administrative review. The "U" designates use classifications that are permitted after review and approval of a conditional use permit for development in the "MR" overlay district by the planning commission. Development proposals not approved are limited to the residential densities and uses allowed by the underlying zoning district.

Use classifications are defined in Chapter 18.60, Use Classifications. Use classifications not listed or substantially similar to the use in Schedule 18.52.020-A or subsection A of this section are prohibited.

A.

Additional Uses Allowed in the "MR" Overlay District. The following uses may be established subject to approval of a use permit:

1.

Uses allowed by right as reflected in the regulations of the base district. (Site development permit required.)

2.

Use allowed by discretionary permit as reflected in the regulations of the base district.

3.

Storage, stockpiling, distribution, and sale of rock, sand, gravel, aggregate, earth, clay and similar materials. (Site development permit required.)

4.

The installation and operation of plants or apparatus for rock or aggregate crushing or cement treatment of base materials and appurtenant screening, blending, washing, loading and conveyor facilities. (Use permit required.)

5.

Concrete batching plants and mixing plants. (Use permit required.)

(Ord. 2403 § 12 (part), 2008: Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

The uses shall be in compliance with the following standards:

A.

Dust Control. Roads, driveways and parking areas on the site shall be maintained so as to control dust.

B.

Screening. Extracting and processing operations shall be screened in a manner that they are not readily visible from any public street. Screening shall be set back at least twenty feet from any intersection of driveways, streets or sidewalks.

C.

Drainage and Erosion Control. Surface drainage shall be controlled to prevent the addition of silt or loose material above that naturally occurring in any existing drainage course or encroaching upon adjoining property and improvements. All provisions to control watercourses shall be designed to prevent overflow or diversion of water away from the natural point of discharge.

D.

Reclamation Schedule. Reclamation of each area shall commence as soon as excavation operations or other sand- and gravel-related operations have been completed within an area and continue in a diligent manner prior to, or concurrently with, the extension of excavation operations to a new area.

E.

Removal of Buildings and Equipment. Buildings and equipment used in surface mining and quarrying operations shall be removed within six months of the termination of surface mining and quarrying operations on the site.

F.

Setbacks from Creeks and Riparian Areas. Minimum setbacks shall be as required by the general plan (see Natural Resources Element, Figure 3-3); setback areas are to be clear of buildings, impervious surfaces, and active play areas. Passive use areas, bikeways, and trails may be located adjacent to riparian corridors subject to environmental review.

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

Each "MR" mineral resources overlay district shall be shown on the zoning map by an "MR" designator applied to the base district designations, numbered and identified sequentially by order of enactment and referenced to the enacting ordinance.

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

The "PD" planned development overlay district and the planned development plan are intended to facilitate development of properties designated for residential and commercial uses and for those areas designated as mixed-use neighborhood overlay areas in the general plan. This process is used where greater flexibility in design is desired to provide a more efficient use of land than would be possible through strict application of conventional zone or land use district regulations and to assist in the development of housing opportunities for lower-income families and individuals. This flexibility also facilitates excellence in project design that may not otherwise be achieved under the provisions of the base zoning districts. Another purpose of this overlay district is to facilitate, where appropriate, the development of housing for low- and moderate-income individuals and families in furtherance of the goals and policies of the housing element of the general plan. In these cases, design considerations still play a role to ensure that the residential developments constructed are a positive addition to the community and provide a desirable living environment for residents.

(Ord. 2343 § 2 (part), 2005)

A "PD" district shall be noted by the designation "PD" applied to the base zoning district designation on the zoning map. The minimum area for a district is one acre unless the planning commission determines that, based on the merits of a particular development, a lesser area meets the intent of this chapter. It may be initiated by the city council or the planning commission or by an applicant under the procedures established in Chapter 18.18, Amendments to the text or map. A planned development plan shall be required for all development, consistent with the provisions of this chapter. No grading permit may be issued or subdivision map approved unless a planned development plan has been approved.

A.

Applicant-Initiated. When a planned development overlay district is initiated by an applicant, the application shall also include submittal of an application for approval of a planned development plan. The planning commission shall review the rezoning request and the planned development plan and shall recommend approval, denial or conditional approval to the city council. If the city council does not deny the request, it shall approve or conditionally approve the planned development plan by resolution at the same time that it adopts an ordinance establishing a "PD" overlay district. Where planned development plans have been approved, such approval shall be indicated on the zoning map by numbers following the "PD" designation that shall refer to the resolution approving the plan.

B.

City-Initiated. The city council may rezone any property it determines appropriate to "PD" planned development overlay district in accordance with the procedures established in Chapter 18.18 (Amendments to the Text or Map) of this title. All subsequent development shall require submittal of an application for a planned development plan as required by Section 18.53.040 of this chapter. In such instances, the planned development plan shall be denied or approved or conditionally approved by the planning commission without city council action. The planning commission resolution approving the permit shall be indicated on the zoning map.

(Ord. 2343 § 2 (part), 2005)

(Ord. No. 2428, § 13, 1-20-2009)

An application for rezoning to the "PD" planned development overlay district and/or approval of a planned development plan shall not constitute an application for subdivision. If a subdivision of land is proposed in conjunction with a planned development plan, separate application, review and findings shall be made in accordance with the provisions of the code. Consideration of the tentative or parcel map, the planned development plan and the rezoning request (if applicable) shall be conducted concurrently.

(Ord. 2343 § 2 (part), 2005)

A.

An application for approval of a planned development plan will be accepted and processed in the same manner as a use permit application (Chapter 18.14), although additional information is required to be submitted in order to determine that the intent of this title and the general plan will be fulfilled.

1.

Preapplication Procedure. Prior to submitting an application for a planned development plan, the applicant shall schedule a preapplication review conference with the director to discuss the general acceptability of the proposal, possible problems that may be encountered and the need for any interagency coordination. Such preliminary consultations shall be relative to a conceptual development plan submitted by the applicant. At the director's option, the conceptual plan may be referred to the planning commission for preliminary comments. Such comments shall be considered advisory in nature and shall not constitute a recommendation of approval.

2.

Applications for a planned development shall contain the following:

a.

A complete application form and the required fee and attachments. If the property is not under single ownership, all owners shall join in the application;

b.

A map showing proposed planned development boundaries and the relationship of the area to uses and structures within a three-hundred-foot radius of the plan area boundaries;

c.

A map of the planned development area showing sufficient topographical data to indicate clearly the character of the terrain, drainage patterns, and the type, location, and condition of mature trees and other natural vegetation;

d.

A site plan indicating the existing and proposed uses, building locations, gross floor area, lot coverage, parking and density and a circulation plan for vehicles, bikes and pedestrians;

e.

A preliminary development schedule, indicating sequence and timing of development. Guidelines for the physical development of the property, including illustrations of proposed architectural, urban design and landscape concepts;

f.

On slopes over eight percent, sections showing the relationship of the proposed building envelopes to the topography;

g.

A statistical summary of amount (in square feet or acres) and percentage of project site of total open-space, private open-space, common open-space and usable open-space as applicable. Description of all open-space areas and proposed recreational amenities.

(Ord. 2343 § 2 (part), 2005)

A.

Public Hearings Required. The planning commission and/or city council, as required, shall conduct public hearings and hear testimony for and against the application(s). A public hearing may be continued to a definite date and time without additional public notice.

B.

Decision and Notice. Within ten days of the conclusion of a public hearing, notice of approval or denial, including recommendations of approval or denial of the application(s), shall be mailed to the applicant and any other party requesting such notice.

C.

Modification to Standards of this Code. The city council or planning commission may approve a planned development plan that deviates from the density, lot size, setback, height and other physical limitations defined in the base district or other provisions of this code provided that the approving body makes the findings required in Section 18.53.060 of this chapter. Deviations from the land use regulations of the base district with which the "PD" overlay district is combined are permitted where they result in implementation of general plan policies related to providing a mix of residential products within a development and/or providing small-scale neighborhood services or providing opportunities for the development of residential units that will be available for low- and moderate-income individuals and families on a long-term basis through the recording of affordability covenants. The density/intensity allowed by the planned development plan may not exceed the maximum density/intensity allowed by the general plan for the development site.

(Ord. 2343 § 2 (part), 2005)

The approving body may approve an application for a planned development plan only upon making all the following findings:

A.

The proposed development is consistent with the goals, objectives, policies, standards, and programs of this code and of the general plan and any applicable specific plan, including density and intensity limitations that apply;

B.

The site for the proposed development is adequate in size and shape to accommodate the use and all yards, open-spaces, setbacks, walls and fences, parking area, loading areas, landscape and other features required;

C.

The site for the proposed development has adequate access considering the limitations of existing and planned streets and highways;

D.

Adequate public services exist or will be provided in accordance with the conditions of development plan approval, to serve the proposed development; and the approval of the proposed development will not result in a reduction of such public services to properties so as to be a detriment to public health, safety or welfare;

E.

The proposed development, as conditioned, will not have a substantial adverse effect on surrounding property or the permitted use thereof and will be compatible with the existing and planned land use character of the surrounding area;

F.

The improvements required and the manner of development adequately address all natural and manmade hazards associated with the proposed development and the project site, including, but not limited to, flood, fire and slope hazards;

G.

The proposed development carries out the intent of the planned development provisions by providing a more efficient use of the land and an excellence of architecture and site design greater than that which could be achieved through the application of the base district regulations. However, in those instances in which the entire development will be reserved on a long-term basis for lower-income households, the architectural and design expectations that would be applied to a "market rate" development need not apply.

(Ord. 2343 § 2 (part), 2005)

In approving a planned development plan, the approving body shall require that the use and development of the property conform with a site plan, architectural drawings and statements submitted in support of the application or with such modifications thereof as may be deemed necessary to protect the public health, safety or general welfare and to secure the objectives of the general plan. The approving body may also impose such other conditions as may be deemed necessary to achieve these purposes, including, but not limited to, the following matters:

A.

Setbacks, yard areas and open-spaces;

B.

Fences, walls and screening;

C.

Building materials, built-in fire protection and architectural treatments;

D.

Parking, parking areas, and vehicular ingress and egress, in addition to the minimum requirements of Chapter 18.41 (Off-Street Parking and Loading) of this title;

E.

Common and private open-space, landscape and maintenance of landscape and grounds;

F.

Such other conditions as may be determined to ensure that development will be in accordance with the intent and purposes of this chapter and the general plan;

G.

Reasonable guarantees of compliance with required conditions, such as a deed restriction or requiring the applicant to furnish security in the form of money or surety bond in the amount fixed by the city. The city may also require that proposed homeowners association documents be submitted for review and approval of the city attorney prior to submittal to the State Department of Real Estate.

(Ord. 2343 § 2 (part), 2005)

A planned development plan shall become effective concurrent with the planned development overlay zoning if approved simultaneously by the city council or upon expiration of the appeal period if approved by the planning commission.

(Ord. 2343 § 2 (part), 2005)

A.

Final plans shall be submitted to and approved by the director. The final plan shall consist of a single comprehensive submittal, including all information required for the preliminary plan, corrected, updated and detailed, including plans for grading, landscape, fencing/walls, any trail systems or open-space amenities, entrance features, street lighting, architectural standards and final building elevations. If the planned development includes a subdivision, the final map shall be included in the final plan review submittal.

B.

Consideration of approval by the director shall not require a public hearing. Appeals of the director's determination shall be in accordance with Section 18.11.090 of this title.

C.

Approval of final plans by the director shall be required prior to issuance of a project grading permit, building permit or recordation of a final map.

D.

An application fee shall be paid for consideration of the final plan in accordance with the city fee schedule.

(Ord. 2343 § 2 (part), 2005)

The director may approve minor modifications to a planned development plan if the modifications are consistent with the standards/regulations of the intent of the district. Minor modifications may not include dimensional waivers of more than ten percent. The planning commission may approve other amendments to a planned development plan in accordance with the procedures set forth in Chapter 18.14 (Use Permits) of this title, and conducting a public hearing consistent with the process described in Chapter 18.11 (Common Procedures) of this title.

(Ord. 2343 § 2 (part), 2005)

The lapse of approval, revocation and renewal of a planned development plan shall be governed by the procedures set forth in Chapter 18.11 (Common Procedures) of this title. If the planned development plan is revoked for any reason, the city council may, at its discretion, initiate a rezone of the property to its base district designation.

(Ord. 2343 § 2 (part), 2005)

The purposes of the mixed use overlay district are to:

A.

Provide a tool to encourage and facilitate redevelopment of certain areas by allowing a variety of commercial and residential uses that can be developed in a compatible manner;

B.

Ensure that the mix of uses will be successfully integrated into desirable, cohesive districts;

C.

Encourage medium-density residential development to occur in areas in close proximity to employment and services;

D.

Establish sites of sufficient size to allow flexibility in achieving the standards of this chapter.

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

The "MU" mixed use overlay district may be combined with any residential, office or commercial district at locations determined appropriate by the city council in conjunction with the adoption of a neighborhood plan, specific plan, redevelopment plan or similar document. It may be initiated by the planning commission or the city council or by a petition of property owners under the procedures established in Chapter 18.18 (Amendments to the Text or Map) of this title. If initiated by property owners, the petition shall include a "mixed use development plan," prepared in accordance with Section 18.54.030 of this chapter. The minimum size of the overlay district shall be one acre.

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

Applicants for mixed-use projects shall submit the following to the director:

A.

A complete application form, fee and required attachments;

B.

A site plan or plans depicting the existing and proposed uses, building locations, gross floor area, lot coverage, parking, landscaping and delineation of commercial/office uses and residential densities. A circulation plan for vehicles and pedestrians shall be provided as may be appropriate based on the scale of the project;

C.

Guidelines for the physical development of the property, including illustrations of proposed architectural, urban design, building elevations and landscape concepts.

Mixed-use development applications shall be processed as use permits in accordance with the provisions of Chapter 18.14 (Use Permits) of this title.

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

Appropriate land uses in this overlay district are those uses listed in Schedule 18.31.020-A pertaining to the "RM" district for residential uses and Schedules 18.32.020-A and 18.33.02-A for office and commercial uses, respectively. In approving an "MU" overlay district, the city council may delete permitted or conditionally permitted uses, may designate conditionally permitted uses as permitted uses or may require site development permits or use permits for all uses.

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

Where a property is zoned "MU," development standards provided in the applicable plan or document described in Section 18.54.020 of this chapter shall supercede the development regulations of this code. If a standard is not addressed by the applicable plan or the ordinance classifying the property as "MU," the remaining provisions of this code shall prevail. However, the planning commission may approve a plan that deviates from the density, floor area ratio, lot size, setback, height, parking, signage and other physical limitations defined in the base district or other sections of this code, provided it makes the findings required under Section 18.54.060 of this chapter.

In order to ensure that development which occurs in the overlay district is compatible with the intent of this chapter and surrounding structures and uses, developments shall comply with the following principles:

A.

Recognize, and be generally consistent with, the scale and character of adjacent structures and developments, and include the continuation or integration of existing facade treatments where appropriate;

B.

Provide building forms and massing, varied roof lines, ornamentation, color and other elements which complement and enhance the neighborhood;

C.

Provide street frontages which emphasize the buildings' street facades as major elements of the overall streetscape and neighborhood and include, as appropriate, colonnades, arcades, awnings and other weather-protection elements along all pedestrian corridor frontages;

D.

Link exterior spaces (courtyards, arcades, plazas, walkways, etc.) to buildings and adjacent properties;

E.

Provide reasonable pedestrian-oriented connections to the surrounding neighborhood;

F.

Provide vehicle links between adjacent properties where appropriate; utilize joint driveway configurations;

G.

Locate second-story windows and decks to protect the privacy of any adjoining single-family district where feasible.

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

The planning commission may approve a mixed-use development use permit only upon making the following findings in addition to the use permit findings required by Section 18.14.070 of this title:

A.

The proposed development is consistent with the general plan;

B.

The site for the proposed development is adequate in size and shape to accommodate such uses, densities and intensities of development and all yards, open-spaces, setbacks, walls and fences, parking area, loading areas, landscape and other features required;

C.

The proposed development, as conditioned, will not have a substantial adverse effect on surrounding property or the permitted use thereof and will be compatible with the existing and planned land use character of the surrounding area;

D.

The traffic generated by the proposed development and the public services and facilities required can be provided by existing and planned infrastructure.

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

To ensure that the type, arrangement and design of uses meet the intent of this chapter, the general plan and any adopted neighborhood, redevelopment or specific plan that is linked to the "MU" district, the provisions of Chapter 18.56 ("DR" Design Review Overlay District) of this title, may be imposed by the city council by rezoning the property to the "DR" district concurrently with the "MU" district.

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

The specific purposes of the "MU-N" mixed use neighborhood overlay district are to:

A.

Provide sites for new neighborhoods with a mix of land uses in a compact pattern in order to reduce dependency on automobiles, improve air quality and promote high-quality, interactive communities, consistent with the general plan;

B.

Allow for: (1) a greater variety of uses, (2) flexibility in site planning and development regulations, and (3) greater intensity of land use than as generally permitted in other zoning districts;

C.

Ensure an appropriate mix and intensity of uses with a dense concentration of activity in the core and lower densities extending outward;

D.

Establish appropriate standards to foster compact, pedestrian-oriented development; provide landscape and buffering between incompatible uses.

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

The "MU-N" mixed use neighborhood overlay district may be combined with any "R" district and applied to an area at least twenty acres, but not more than one hundred sixty acres, in size that is designated as a "mixed use neighborhood" by the general plan. It may be initiated by the planning commission or the city council or by a petition of property owners under the procedures established in Chapter 18.11 (Common Procedures) of this title. The minimum size of the overlay district maybe reduced if the planning commission determines that a lesser acreage fulfills the intent of this code and the general plan given the circumstances peculiar to the site.

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

Uses permitted in a mixed-use neighborhood shall be those identified in and established by the approval of a mixed use neighborhood development plan. Such use shall be limited to those consistent with the intent of this chapter and the general plan, but will generally consist of those office and commercial uses allowed in the "LO," "NC," "SC" and "GC" districts, and those residential and other uses allowed in the "RM" and "RS" districts.

No subdivision of land for commercial uses or residential uses exceeding the residential density of the base district with which the "MU-N" district is combined is permitted except in accord with an approved mixed use neighborhood development plan.

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

Approval of a mixed use neighborhood development plan is required as a precondition of any commercial development or residential development exceeding the densities for the base district within which the "MU-N" overlay district is combined. The plan shall include a text and diagram or diagrams that contain all the elements required in Section 18.53.040(A)(2) (Planned Developments) of this title, and which address the following:

A.

Compatibility. The development shall be consistent with the general plan and compatible with surrounding development.

B.

Proposed Location of Core and Residential Development Areas. The plan shall indicate the precise location of the core, residential development areas and public areas, and shall indicate the minimum and maximum densities and intensities for these areas, as appropriate. Proposed uses, both commercial and residential, and their location within the project shall be indicated as shall all ancillary and accessory uses, such as parking and loading facilities.

C.

Circulation System. The vehicular and pedestrian circulation system shall be clearly shown, including links to on-site public transit stops/stations.

D.

Proportion and Intensity of Uses. In order to ensure an appropriate mix of uses within proposed developments, the minimum desired percentage of a proposed development site that is required for each land use component and the desired average residential density and commercial floor area ratio (FAR) are shown in Schedule 18.55.030-A. The maximum residential densities and FARs shall be as prescribed by the mixed use neighborhood development plan, but shall not exceed two times the minimum densities and minimum FAR.

Schedule 18.55.030-A: Proportion of Uses

Notes:

¹  Up to 100,000 square feet of commercial may be allowed. The size of the commercial core may be reduced in neighborhoods of less than fifty acres.

²  Maximum residential density—24.0 dwelling units per acre.

E.

Mix of Uses. To meet the intent of the general plan, a mix of uses shall be provided and reflected in the mixed use neighborhood plan. Wide latitude is afforded by this code in development of a plan. However, certain components are critical in ensuring that the intent of the general plan is met. These include the following:

1.

Mixed Use Core. Each mixed use neighborhood shall have a mixed-use core area containing commercial space that occupies at least ten percent of the site area. Retail space at least in proportion to the size of the development must be provided. The core area shall include:

a.

A centrally located transit stop;

b.

In larger neighborhoods, street-level retail space that forms a pedestrian "main street," with appropriate signage, street furniture, storefront and display windows, and similar design considerations;

c.

Services such as convenience shopping, a neighborhood center with a supermarket, drugstore, and supporting uses, and/or a specialty retail center;

d.

Housing at an overall density of at least twelve units per acre. Housing may be provided above ground-level businesses and on stand-alone sites within the core. The requirement for housing within the core area may be waived for projects with a core that is less than eight acres in size upon finding that residential uses cannot be physically or economically integrated into mixed-use structures because of the small size or scale of development, site access or other limitations;

e.

Residents, employees and transit users should be able to easily walk or bike to jobs, stores, and service providers located in the mixed use core. Commercial uses shall not be permitted outside the core area. Residential uses may be in separate buildings or over commercial uses.

2.

Residential Area. The residential areas must incorporate an average minimum gross density of eight dwelling units per acre that will allow a mix of small-lot single-family, town homes and apartments. These areas must be pedestrian in scale, generally not more than one-fourth mile in radius, and must provide direct and easy access to the core area. While housing diversity is desired, this density requirement can be achieved using only a single product type. Townhouses and courtyard housing should be used as a transition between commercial areas and lower-density residential areas.

3.

Public Use. The public land use shall include parks, plazas, squares, town halls, and/or other community facilities that are open to the public and contribute to the civic or recreational life of the neighborhood. Public areas may be publicly or privately owned. Public uses shall be the focus of the neighborhood and should be located next to public streets, residential areas and retail uses. Adjacent residences and businesses should have opportunities for views into the public areas.

4.

Neighborhood Square. Each mixed use neighborhood must include a neighborhood square serving as the social focal point for the community. The neighborhood square and land uses fronting the square must conform to the following standards:

a.

Central Location. Each neighborhood square should be located within one thousand feet of the geographic center of the neighborhood and within one-fourth-mile of ninety percent of the neighborhood housing. Ideally, the square will be located within the mixed use core;

b.

Minimum Size. One acre;

c.

Adjacent Land Uses. Uses fronting the square may include a community service facility, cultural institution, daycare center, parks and recreation facilities, post office, other public and semipublic uses and neighborhood store with a maximum gross floor area of one thousand five hundred square feet adjacent to one side of the square;

d.

Perimeter. A neighborhood square must have at least fifty percent of its perimeter adjacent to street rights-of-way;

e.

Through Streets. A neighborhood square must be located at the intersection of through streets or other streets which extend beyond the boundaries of the neighborhood proper;

f.

Parking. Thirty percent of the neighborhood square may be used for paved parking.

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

A.

Residential. To improve the human scale of the street, single-unit homes shall be designed so that the front door entrance of each home is closer to the street than the garage door.

B.

Mixed Use Core.

1.

Street Orientation. Commercial and mixed-use buildings shall be oriented so that functional pedestrian entrances face the street and parking areas are located underground or to the rear or side of the building.

2.

Pedestrian Paths. Pedestrian paths shall be provided to connect commercial building entries with adjacent streets, uses and parcels. Pedestrian paths should be visually distinguishable from other hardscape and should be separated from parking areas by wheel stops, curbs, landscape or other physical barriers, except when crossing driveways or aisles.

3.

Transparency. Along predominantly retail streets in the mixed use core component, a minimum of fifty percent of the street wall area between three and ten feet above the sidewalks shall be transparent with clear glass visible into a commercial or residential use. Windows or other transparency into a garage or similar area shall not qualify toward the minimum transparency requirement.

4.

Building Articulation. Building facades shall be varied and articulated to provide visual interest to pedestrians. This can be accomplished by methods including offsetting planes, changes in wall texture and color, special architectural elements, provision of plazas and courtyards and the use of trees and vines.

C.

Streets and Sidewalks.

1.

Street Pattern. The layout of the street system shall be in a grid pattern or modified grid pattern, emphasizing interconnected streets and the ability to reach local destinations without crossing major or arterial streets. It is desirable to have streets with block faces four hundred feet in length or less. The use of alleys is encouraged. Where possible, streets should frame vistas of the mixed use core, public buildings, parks and natural features.

2.

Street Trees. The design of the public right-of-way should provide for the planting of street trees adjacent to the curb in parkways or tree grates, as appropriate.

3.

Street Width. The number and width of travel lanes should be reduced to the extent feasible in accordance with any applicable street-design standards and public-safety considerations as determined by the city engineer and fire marshal.

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

A.

Development Phasing Plan Required. For any development that is proposed to be constructed in phases, the applicant shall submit a development phasing plan that specifies the chronology of development, including structures, public facilities and infrastructure. Projects shall be phased so that supporting public facilities and infrastructure are provided concurrent with their need and are completed before occupancy of structures.

B.

Public Area Reservations and Development. Public plazas, squares, halls and other areas used to satisfy the public use component shall be reserved concurrent with the initial phase of development. These reserved areas shall be developed concurrent with any abutting development.

C.

Commercial Component Phasing. If the initial phase of development does not include commercial uses, the approving authority shall apply conditions on the phasing of commercial uses so that some portion of the commercial component is provided before completion of the residential component.

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

Application for a mixed use neighborhood shall include: (1) application for "planned development" zoning if not already so zoned, (2) submittal of an application in a form prescribed by the director, (3) submittal of the mixed use neighborhood development plan and (4) submittal of a subdivision application, as appropriate.

The approval process and findings shall be the same as those required of a planned development as addressed in Chapter 18.53 ("PD" Planned Development Overlay District) of this title, with the addition of the following findings:

A.

The "MU-N" district will enhance the potential for high-quality interactive neighborhoods with an appropriate mix of uses and interconnected streets and pedestrian amenities in comparison with the development under the base district regulations that would apply if the conditional use were not approved.

B.

Deviations from the base district regulations are justified by compensating benefits of the "MU-N" district.

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

The purposes for establishing the "DR" design review overlay district are as follows:

A.

Identify on the zoning map those properties where special design criteria or standards have been established in conjunction with city council action or where there is approval or adoption of a specific plan, area plan, neighborhood plan, redevelopment plan or similar planning effort.

B.

To ensure that project design is consistent with adopted criteria or standards as may be required by an applicable plan as identified above or otherwise established by city council resolution.

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

Where the city council has established that development applications must undergo design review within a specified area, such area shall be so designated on the zoning map by modifying the base district with the "DR" indicator.

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

A site development permit or use permit shall be required for all uses within the "DR" district. The land use regulations and permit requirements for new developments schedules for the base zoning district shall determine which of these permit processes will be required for a given application. Where those regulations and requirements do not require a discretionary permit, a site development permit issued by the board of administrative review shall be required.

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

Single-family residences on existing parcels, interior remodels, interior tenant improvements and routine repair and maintenance provided that the work does not exceed fifteen percent of the structure's replacement value in any one-year period.

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

In addition to the other applicable requirements of this code, the design and construction of all improvements shall be consistent with the established design criteria or standards to which this chapter applies.

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

Upon receipt of an application, the approving authority shall review the proposed project and determine if the project meets the following findings:

A.

The project as approved is in substantial compliance with adopted criteria and/or standards applicable to the property.

B.

The findings required by Chapter 18.13 (Site Development Permits), or Chapter 18.14 (Use Permits) of this title, as applicable, shall be in evidence.

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

Consideration of a development proposal pursuant to this chapter shall include review by a design review committee if such a committee has been required by ordinance adoption or resolution of the city council. The committee shall be consulted and allowed an adequate opportunity to review proposed plans for consistency with adopted standards or criteria as part of the site development permit or use permit processes. The committee shall make a recommendation for approval or modification of a particular project to the approving authority before any final action is taken. The time lines for review and approval of site development permits and use permits established by Sections 18.13.080 and 18.14.060 of this title, respectively, shall not be extended solely to accommodate the work of the design review committee.

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

The purpose of the specific plan overlay district is to:

A.

Identify specific plans that have been adopted by the city;

B.

Require that all development within each specific plan overlay be consistent with the goals, policies, guidelines, and standards of that specific plan;

C.

Provide a link between the regulations of this code and those districts and regulations which may be established under a specific plan.

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

The "SP" specific plan overlay shall be combined with any district where a specific plan has been adopted by the city. Further, this chapter shall contain specific reference to each adopted specific plan, and such reference shall also be incorporated on the zoning map. Where a specific plan creates zoning districts, this chapter will provide a correlation between the districts and those of this code.

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

A specific plan may be initiated in the following manner:

A.

City. By a resolution of intention adopted by the council with or without a recommendation from the planning commission.

B.

Property Owner. By an application filed by one or more of the owners of the property to be included in the specific plan. If initiated by an applicant, the following process shall first occur:

1.

Presubmittal application. A presubmittal application and conference with the director prior to the filing of a formal specific plan application are required.

2.

Public meeting(s) required. Prior to the preparation of the specific plan, the city shall hold at least one noticed public meeting to identify potential community impacts and concerns relating to the proposed plan.

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

A specific plan application shall include a text and one or more diagrams which contain all the required elements outlined in state law, commencing with Government Code Section 65450, in addition to all data and related exhibits specified in the general plan.

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

A specific plan shall be prepared, adopted and amended in the same manner as the general plan, in compliance with Chapter 18.18 (Amendments to the Text or Map) of this title. Minor modifications that are consistent with plan policies may be authorized by the planning commission as long as such modifications are consistent with the intent and the policies of the specific plan.

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

The council may approve a specific plan only if the specific plan is found to be consistent with the general plan and this code.

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

All uses and development shall be consistent with the provision of this code and the adopted specific plan applying to the property. Where a specific plan contains different allowable uses, standards or other regulations than found in this code, those of the specific plan shall control. Where the specific plan is silent on any particular use, standard or regulation, the provisions of this code shall apply. All development within a specific plan area must be consistent with the specific plan in all respects, except that the planning commission may approve a minor deviation from the adopted plan so long as it finds that the deviation is consistent with the intent and policies of the adopted specific plan.

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

This section identifies the specific plans adopted by the city. Where a specific plan creates zoning districts that are not part of this code, a relationship between those districts and this code is established. This relationship will be used when the zoning district created by a specific plan does not include all the use standards, height and bulk regulations, intensity standards, or other regulations established by the base zoning district. It is intended that the base district regulations will supplement, but will not supplant, those of the specific plan district. The addition of adopted specific plans to the following list shall not constitute amendment of this code.

A.

SP-1 Redding Downtown Specific Plan Update (Ordinance No. 2585)

B.

SP-2 Redding Riverfront Specific Plan (Resolution No. 90-212)

(No zoning districts established)

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

(Ord. No. 2606, § 16, 6-18-2019)

The purpose of the "BH" building height overlay district is to implement the "mid-rise" and "high rise" building-height policies of the community development and design element of the general plan by allowing building heights to exceed the limitations of the base zoning districts in specific areas of the city. The additional height is intended to help facilitate the creation of a defined and vibrant downtown area by providing opportunities for more intensive office, mixed use, and residential development; to support the development of additional visitor accommodations in specified commercial areas; to enhance opportunities for the construction of additional convention facilities in the community; and to provide incentives for private redevelopment of aging commercial properties.

(Ord. 2405 § 2 (part), 2008)

The "BH" building height overlay district shall be combined with the base zoning districts established by this code and, as shown on the zoning map. Further, this chapter shall contain reference to all ordinances which establish specific "BH" districts.

(Ord. 2405 § 2 (part), 2008)

Approval of a use permit by the planning commission shall be required for buildings whose height exceeds that allowed by the regulations of the base zoning district.

(Ord. 2405 § 2 (part), 2008)

Mid-Rise Buildings. Mid-rise buildings are defined as those buildings located within the "BH" district that exceed the maximum height limit established by the base district and that have occupied floors located not more than seventy-five feet above finished grade. No explicit height limit is established by this chapter for mid-rise buildings. Roof elements, equipment penthouses, architectural features, and similar projections may extend above the occupied floor elevation as established by the use permit.

High-Rise Buildings. High-rise buildings are defined as buildings located within the "BH" district with occupied floors located more than seventy-five feet above finished grade. No explicit height limit is established by this chapter for high-rise buildings. Maximum building height will be as established by the approved use permit.

(Ord. 2405 § 2 (part), 2008)

In addition to the other applicable requirements of this code, the design and construction of buildings within the "BH" district that exceed the height allowed by the base district shall be consistent with any applicable design criteria as may be established by resolution of the city council.

(Ord. 2405 § 2 (part), 2008)

Consideration of a development proposal pursuant to this chapter shall include review by a design review committee if such committee has been required by ordinance or resolution of the city council. The committee shall be consulted and allowed adequate opportunity to review proposed plans for consistency with adopted standards or criteria as part of the use permit process. The committee shall make a recommendation for approval or modification of the project to the planning commission before approval of a use permit. The time lines for review and approval of use permits established by Chapter 18.14 (Use Permits) shall not be extended solely to accommodate the work of the design review committee unless such extension is requested by the project applicant.

(Ord. 2405 § 2 (part), 2008)

"BH" overlay districts have been established by the following ordinance(s):

(Ord. 2405 § 2 (part), 2008)