Red Bluff Municipal Code § 25.192 Yards

The regulations specified in this chapter shall be subject to the general provisions and exceptions contained in this article.

(`61 Code, § 25.19.1) (Ord. 915, passed 6-20-2000)

(A) By written findings the Planning Commission or the Community Development Director or designee may determine that particular uses not listed as permitted uses or as uses requiring a use permit by this chapter shall, because of similar character to listed uses, be permitted in the districts and in the manner prescribed if the following finds are made:

(1) The characteristics of and activities associated with the proposed use are equivalent to those of one or more of the uses listing in the zoning district as allowable or allowable upon issuance of a conditional or administrative use permit and will not involve a higher level of activity or population density than the uses listed in the district;

(2) The proposed use will meet the purpose/intent of the zoning district that is applied to the site; and

(3) The proposed use will be consistent with the goals, objectives and policies of the general plan.

(B) (1) Appeals from any findings by the Community Development Director or designee shall be made in writing to the Planning Commission within ten days from the date of findings. Appeals from a decision of the Planning Commission shall be made in writing to the City Council within ten days of the Planning Commission decision. Action by the City Council thereon shall be final.

(2) The Community Development Director or designee shall maintain a complete list of all uses and districts for which the findings have been made.

(`61 Code, § 25.19.3) (Ord. 915, passed 6-20-2000; Am. Ord. 939, passed 5-20-2003; Am. Ord. 1018, passed 9-3-2013)

Where uncertainty exists as to the boundaries of any district shown on the zoning map, the following rules shall apply:

(A) Where such boundaries are indicated as approximately following property, street or alley lines, the lines shall be construed to be the boundaries;

(B) Where a district boundary divides a lot, the location of the boundary, unless the same is indicated by dimensions, shall be determined by use of the scale appearing on the zoning map;

(C) A symbol indicating the classification of property on the zoning map shall in each instance apply to the whole of the area within the district boundaries;

(D) Where a public street, alley or parcel of land is officially vacated or abandoned, the regulations applicable to abutting property shall apply equally to the vacant or abandoned street or alley;

(E) Where one ownership is divided by a district boundary, the total or any part, may be used under the regulations of either district, upon determination and approval of the Planning Commission.

(`61 Code, § 25.19.5) (Ord. 915, passed 6-20-2000)

Interpreting and applying the provisions of this chapter, unless otherwise stated, shall be held to the minimum requirements for the promotion and protection of the public safety, health and general welfare.

(`61 Code, § 25.19.7) (Ord. 915, passed 6-20-2000)

(A) Where conflict occurs between the regulations of this chapter and any building code or other regulations effective within the city, the more restrictive of the regulations shall apply.

(B) It is not intended that this chapter shall interfere with or abrogate or annul any easements, covenants or other agreements now in effect; provided, however, that where this chapter imposes a greater restriction than is imposed or required by other provisions of this code or ordinances, rules or regulations or by easements, covenants or agreements, the provisions of this chapter shall apply.

(`61 Code, § 25.19.9) (Ord. 915, passed 6-20-2000)

The following accessory uses, in addition to those specified in this chapter, shall be permitted:

(A) The renting of rooms, or the providing of meals for not more than two paying guests in a dwelling;

(B) The operation of necessary service facilities and equipment in connection with schools, colleges and other institutions when located on the site of the principal use;

(C) Recreation, refreshment and service buildings in public parks, playgrounds and golf courses;

(D) A home occupation as defined in § 25.239 within a dwelling unit in any district;

(E) The commercial extraction of sand and gravel from natural drainage ways, provided that a plan for the reclamation of excavated lands is first prepared and approved; a streambed alteration agreement has been consummated with the State Department of Fish and Game; except as otherwise provided by this chapter, no processing such as screening or batching is conducted onsite; and the duration of extraction does not exceed 30 days in any calendar year;

(F) Towers, spires, chimneys, machinery, penthouses, scenery lofts, cupolas, water tanks, radio aerial, television antennae and similar architectural and utility structures and necessary mechanical appurtenances may be built and used to a height not more than 25 feet above the height limit established for the district in which the structures are located; (No architectural or utility structures shall be used for sleeping or eating quarters or for any commercial or advertising purposes. Additional heights for public utility structures may be permitted upon approval of the Planning Commission. Height limitations provided herein shall not apply to electric transmission lines and towers.)

(G) Attached or detached shade structures on the same lot as buildings with single or multiple-family dwelling units are permitted in all zones and may occupy up to 50% of the required rear yard and adjacent side yard areas, minus any rear and side yard accessory building area and shall otherwise observe a five-foot rear and side yard setback to any supporting post(s) or beams; (Shade structures shall observe ten foot street side yard setbacks. Eaves and overhangs of shade structures shall not extend more than 12 inches beyond the supporting posts or closer than four feet from any property line. Shade structures, as defined in this chapter, shall be permitted in any residential zone.)

(H) One manager’s residence which is accessory to and attached to an operating hotel or motel use;

(I) The storage of liquefied petroleum gas for accessory onsite use in one container with a volume of 300 gallons or less;

(J) The placement of freestanding advertising sign structures within a required yard when the placement will not pose a visual obstruction to entering or exiting motorists or pedestrians;

(K) The operation of a temporary homeless shelter as defined in § 25.239 in any district as an accessory use to a legitimate church if approved by the Building Official; and

(L) As an accessory use to a single-family dwelling in any district, one Vietnamese pot-bellied pig may be kept or harbored as a pet, provided:

(1) The animal is regularly housed indoors, and when outdoors, is restrained by leash or within a durable fenced enclosure area in the rear or side yard;

(2) Pot-bellied pigs over the age of four months shall be neutered or spayed;

(3) The owner has obtained a license issued by the city for the pot-bellied pig, which shall be issued only after proof of neutering or spaying and current rabies vaccination has been provided; and (The licensure fee shall be equivalent to the dog licensure fee.)

(4) Tusks shall be regularly trimmed so as not to exceed one inch in length outside the outer lip.

(`61 Code, § 25.19.11) (Ord. 915, passed 6-20-2000)

(A) No detached accessory building shall be erected, altered or moved so as to occupy any part of the front yard of any lot.

(B) Any legal lot of record existing prior to the date of adoption of this chapter shall be considered a legal building site.

(`61 Code, § 25.19.13) (Ord. 915, passed 6-20-2000)

All grading must conform to the general plan. All grading not exempt from a city grading permit shall conform to plans prepared by a qualified professional and approved by the Community Development Department. All grading plans must contain sufficient information to demonstrate conformance with the general plan. The plans shall include a description of grading activities as well as a wet weather plan specifying the timetable for completing erosion control measures.

(`61 Code, § 25.19.15) (Ord. 915, passed 6-20-2000; Am. Ord. 939, passed 5-20-2003; Am. Ord. 1018, passed 9-3-2013)

(A) In accordance with California Government Code §§ 65870 et seq., where contiguous parcels have a common ownership and where development is to take place on one parcel and required facilities are to be placed on the contiguous parcel, this section shall provide an alternative means for the continued existence of the facilities placed on the adjacent parcel.

(B) In any commercial or industrial district where commonly owned and contiguous parcels exist and development is proposed for one parcel and where as a condition of the development certain facilities which are required to support the development are placed on the contiguous parcel, the developer may be required, as a condition of approval of the development, to prepare a covenant of easement assuring the legal continuation of the facilities provided that all of the following conditions are met:

(1) The covenant for easement may be for parking, ingress, egress, light and air access, landscaping or open space purposes;

(2) At the time of recording the covenant for easement, all the real property benefitted or burdened by the covenant shall be in common ownership;

(3) The covenant for easement shall describe the real property to be subject to the easement and the real property to be benefitted thereby;

(4) The covenant for easement shall identify the approval, permit or designation granted which relied upon or required the covenant;

(5) The facilities within the easement, whether existing or proposed, are necessary to provide for orderly development and do not conflict with the provisions of this chapter;

(6) The form and content of the covenant for easement is approved by the Community Development Director or designee;

(7) The applicant has paid to the city a fee for the examination of the document noted above; and (The fee shall not exceed the cost of staff time, materials and postage expended as part of the examination process.)

(8) The covenant for easement shall be by an owner of real property to the city and duly recorded in the Office of the County Clerk and Recorder. Recording fees, if any, shall be paid by the applicant.

(`61 Code, § 25.19.17) (Ord. 915, passed 6-20-2000; Am. Ord. 939, passed 5-20-2003; Am. Ord. 1018, passed 9-3-2013)

(A) In the absence of noise attenuation facilities designed by a qualified professional, earth berming, architectural masonry unit block walls or equivalent noise attenuation devices shall be installed as a condition of issuing permits to create dwelling units on parcels as specified in the land development policies in the land use element of the general plan.

(B) These standards are intended to apply to existing parcels and development projects not subject to the State Environmental Quality Act or discretionary approval by the city. Noise attenuation standards applying to projects subject to the CEQA or discretionary approval by the city shall be adopted by resolution.

(C) Screen landscaping, approved by the Community Development Director or designee, shall be installed on both sides of masonry walls, earth berms or other sound attenuation facilities.

(`61 Code, § 25.19.25) (Ord. 915, passed 6-20-2000; Am. Ord. 939, passed 5-20-2003; Am. Ord. 1018, passed 9-3-2013)

(A) Garages, carports and other similar accessory buildings may be attached to and have a common wall with the main building, or, when located as required by this chapter, may be connected to the main building with a breezeway.

(B) A detached accessory building not exceeding one story in height and without living quarters may occupy a rear yard and shall observe a three-foot clear distance from any property line, with the exception of a corner lot adjacent to a key lot, the building must observe the setback requirement. A garage or accessory building that is not attached to and made a part of the main building shall not be closer than eight feet clear distance to the main building.

(C) In the case of a corner lot abutting two streets, no detached accessory building shall be erected, altered or moved so as to occupy any part of the front half of the lot.

(D) In case of a comer lot adjacent to a key lot in any residential district, the street side setback of the corner lot within 20 feet of the side line of the key lot shall be equal to the front yard required on the key lot, except that the corner lot fence may be built to a height not to exceed six feet upon written consent of the owner of the key lot and approval of the Community Development Director or designee.

(E) In R-1, R-2, R-3, R-4, H-R and MHCA districts, fences, walls and hedges shall not exceed six feet in height in side and rear yards and shall not exceed 42 inches in height in front yards and the setback required in division (D) above.

(F) Eaves, fireplaces and similar architectural features, but not including any flat wall or window surface, may extend into any required side yard a distance not exceeding one-half the width of the required side yard and into any required front or rear yard a distance not exceeding four feet.

(G) Uncovered porches or stairways, fire escapes or landing places may extend into any required front or rear yard a distance not exceeding six feet and into any required side yard or street side yard a distance not exceeding one-half the width of the side yard or street side yard required for the lot.

(H) In any full block of lots within R-1, R-2, R-3 or R-4 districts, the front yards may be varied so that the required yard depth is not reduced more than five feet, the average of all lots equals the required yard depth, and corner lot front yards are not reduced.

(I) Yards required for new residential buildings which may be permitted through the use permit process shall be as required for the particular district or for R-4 districts, whichever yard requirements are greater.

(J) In case a dwelling is to be located so that the front or rear thereof faces any side lot line, the dwelling shall not be closer than ten feet from the lot line.

(K) To promote infill on existing lots, the Planning Commission may reduce the minimum front, side, street side and/or rear yard setbacks, or permit building coverage or surfaced area in excess of that normally permitted.

(`61 Code, § 25.19.27) (Ord. 915, passed 6-20-2000; Am. Ord. 930, passed 7-3-2001; Am. Ord. 939, passed 5-20-2003; Am. Ord. 1018, passed 9-3-2013)

If functioning restroom facilities, including water closets and lavatories, exist on a premises used for business purposes, those facilities shall be made available to all business patrons and clients.

(`61 Code, § 25.19.33) (Ord. 915, passed 6-20-2000)

(A) Temporary outdoor events occurring on private property such as block parties, carnivals, circuses, concerts, lectures or religious teachings, parades, political rallies, or similar uses which have a reasonable possibility of attracting more than 50 persons shall obtain an administrative use permit prior to operation. Conditions necessary to insure the health, welfare and safety of the participants and the public in general may be attached to the administrative use permit.

(B) Temporary outdoor events occurring on public property such as block parties, carnivals, circuses, concerts, lectures or religious teachings, parades, political rallies, or similar uses which have a reasonable possibility of attracting more than 50 persons shall obtain a setup permit in accordance herewith prior to operation.

(`61 Code, § 25.19.35) (Ord. 915, passed 6-20-2000)

(A) This section establishes standards for large family day care homes in compliance with state law, including the limitations on the city’s authority to regulate these facilities.

(B) These standards apply in addition to all other applicable provisions of this chapter and any requirements imposed by the State Department of Social Services through its facility licensing.

(1) The Community Development Director or designee may issue a nondiscretionary permit for the operation of a large family day care home in any residential district if the Director determines that the proposed large family day care home will comply with the following standards in this section.

(a) No large family day care home shall be located within 600 feet of another large family day care home.

(b) At least one off-street child drop-off/retrieval parking space shall be provided. The space may be on an existing driveway and/or within a front yard or a street side yard. The space shall not be smaller in dimension or area of a standard parking space and shall not utilize a space otherwise required for off-street parking. A surfaced sidewalk shall connect this space with the front door of the large family day care home.

(c) In addition to the parking spaces required for the primary dwelling use, one additional off-street parking space for an assistant care-giver shall be provided. The space may be located on an existing driveway and/or in a front yard or a street side yard.

(d) Any large family day care home located on an arterial street as shown on the general plan circulation element map, shall be provided with adequately designed off-street drop-off/retrieval areas and assistant care-giver space to ensure that vehicles reentering the arterial street will be able to do so in a forward manner.

(e) Business hours are limited to between 6 a.m. and 6 p.m.

(f) Outdoor activities on the site are limited to between the hours of 8 a.m. and 6 p.m. In order to limit neighborhood noise impacts, at least four hours of daily activities shall be conducted indoors. The four hours need not be consecutive, but all client children shall observe the same indoor activity period or periods.

(2) At a public hearing advertised in accordance with California Government Code § 65091, the Planning Commission may approve a modification to the standards of division (A) above for a large family day care home that does not meet the standards of this section. Prior to that public hearing, the applicant shall pay a fee to help offset costs related to notification, advertising, staff report preparation and Planning Commission review. No part of those fees shall be refundable.

(`61 Code, § 25.19.37) (Ord. 915, passed 6-20-2000; Am. Ord. 939, passed 5-20-2003; Am. Ord. 1018, passed 9-3-2013)

Applications for accessory dwelling units (ADUs) and/or junior accessory dwelling units (JADUs):

(A) In single-family or multi-family residential zones are an allowed use in all single-family and multi-family zoning districts in the city and shall not be subject to a use permit or other discretionary action pursuant to California Government Code §§ 66310 et seq., and shall be approved ministerially without discretionary review, except as expressly permitted by state law.

(B) In industrial zones, ADUs and JADUs are allowed if the property has an existing or proposed single- or multi-family dwelling. Approval shall be ministerial pursuant to California Government Code §§ 66310 et seq., with the following additional requirements:

(1) (a) Except as provided in division (F) of this section, the increased floor area of an attached ADU shall not exceed 50%. Notwithstanding the above, an ADU shall be permitted to be at least 800 square feet in size with a height of at least 16 feet and four-foot side and rear setbacks, consistent with state law.

(b) The maximum increase in floor area for an attached or detached ADU shall not exceed the maximum allowed by state law. Except as provided in division (F), the maximum floor area for an attached or detached ADU shall not exceed 1,200 square feet, or such greater amount as required by state law.

(2) The dwelling unit is not intended for sale but may be rented for a period greater than 30 days. Short-term rental (30 days or less) of these units is not allowed. An accessory dwelling unit may be sold separately from the primary residence where allowed by state law, including pursuant to condominium or similar subdivision processes.

(3) Owner-occupancy shall not be required for ADUs. Owner-occupancy requirements for JADUs shall be limited to those expressly permitted by state law. No deed restriction or covenant shall be required that would constitute an additional standard prohibited by state law.

(4) (a) No setback shall be required for an existing living area, garage, or accessory structure that is converted to an accessory dwelling unit.

(b) A setback of four feet shall be required for an accessory dwelling unit that is not converted from an existing structure.

(c) These standards shall not preclude development otherwise permitted by state law.

(5) Only objective development standards consistent with state law shall apply. No additional standards, including discretionary review or subjective design review, shall be imposed unless expressly authorized by state law.

(6) Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom, whichever is less. No parking shall be required for junior accessory dwelling units. However, no parking requirements shall be mandatory for those accessory dwelling units in any of the following instances:

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

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

(c) The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.

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

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

(f) Any other circumstance in which state law prohibits parking requirements. Notwithstanding the above, parking requirements shall not be imposed on any accessory dwelling unit that qualifies under California Government Code § 66323.

(7) Development impact fees for accessory dwelling units shall be based on the proportional size of the accessory dwelling unit to the primary dwelling. No development impact fees shall be required for accessory dwelling units of 750 square feet or less in size. No development impact fees shall be required for junior accessory dwelling units of 500 square feet or less.

(8) The number of ADUs and JADUs permitted shall be consistent with state law, including allowances for multiple ADUs on multi-family properties.

(9) Multiple accessory dwelling units shall be allowed within portions of existing multi-family dwelling structures consistent with state law, including conversion of non-livable space.

(C) Application review procedures.

(1) The city shall determine the completeness of an application within 15 business days.

(2) If incomplete, a written notice shall be provided identifying deficiencies.

(3) The applicant shall be allowed to cure deficiencies.

(4) The city shall approve or deny a complete application within 60 days.

(5) The city shall provide a process for appeal of denied applications.

(D) The city shall not deny a permit for an accessory dwelling unit constructed prior to January 1, 2020, unless necessary to correct substandard conditions that pose a threat to health and safety.

(E) If any provision of this section conflicts with state law, state law shall control. If any provision of this section conflicts with state law, including but not limited to California Government Code §§ 66310 through 66342, state law shall control, and such provision shall be interpreted to be fully compliant with state law.

(F) State law override, California Government Code § 66323, ADUs. Notwithstanding any provision of this section or this code to the contrary, an accessory dwelling unit that qualifies for ministerial approval pursuant to California Government Code § 66323 shall not be subject to any local development standards, including but not limited to standards related to size, height, setbacks, parking, lot coverage, floor area ratio, open space, or design review, except as expressly authorized by California Government Code § 66323. In the event of any conflict between this section and the California Government Code § 66323, the provisions of § 66323 shall control.

(Ord. 1049, passed 5-15-2018; Am. Ord. 1056, passed 3-3-2020; Am. Ord. 1060, passed 8-17-2021; Am. Ord. 1094, passed 5-5-2026)

(A) This section establishes minimum standards for mobile vendors, as defined in § 25.239, within the City of Red Bluff.

(B) Definitions.

(1) LARGE MOBILE VENDOR.

(a) STATIONARY LARGE MOBILE VENDOR means a licensed motor vehicle used as a mobile vendor or licensed trailer used as a mobile vendor.

(b) NON-STATIONARY LARGE MOBILE VENDOR means a licensed motor vehicle used as a mobile vendor or licensed trailer used as a mobile vendor which travels via city streets to dispense its products and does not have a permanent location, such as an ice cream truck or food delivery truck.

(2) SMALL MOBILE VENDOR means a piece of equipment, not located or used on a city sidewalk or park, used for mobile vending, is nonmotorized and is capable of being propelled by a single person such as a pushcart, cart, stand, pedal-driven cart, wagon, showcase, or rack.

(3) TEMPORARY MOBILE VENDOR means a mobile vendor, whether large or small, that is to be used during a special event, such as a grand opening or promotional event, for a short term, less than a one-week period.

(4) SIDEWALK MOBILE VENDORS as established and governed by California Government Code §§ 51036 through 51039 means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path or public park.

ROAMING SIDEWALK VENDOR means a sidewalk vendor who moves from place to place and stops only to complete a transaction.

STATIONARY SIDEWALK VENDOR means a sidewalk vendor who vends from a fixed location.

1. Stationary (a permanent or recurring location, but must move off-site every day, as is currently required).

2. Non-stationary (no permanent location, travels via city sidewalk to dispense its products, i.e., food cart).

(C) Permit requirements.

(1) Permit and licensing requirements for mobile vendors are as follows:

(D) Mobile vendors requirements.

(1) Requirements for mobile vendors are as follows:

(2) Specific requirements are noted below:

(a) Site plan. Mobile vendor unit applicant/owner shall submit site plan with all lot dimensions, existing buildings, mobile vending unit location/arrangement in relationship to other features on the lot and proposed accessories to the site, tables, chairs, awning/shade structures, landscaping, etc. The purpose of the plans submittal is to assure continuity with the surrounding land uses and compliance with the minimum standards as stated herein, prior to a formal conditional use permit application and staff’s support/recommendation for said application.

(b) Emergency access. Mobile vendors shall maintain at least a 12-foot separation or setback from any buildings/property lines, or any other object that may hinder emergency access to the lot or mobile vending unit.

(c) Fire inspection. Mobile vendors who use cooking facilities shall schedule a semi-annual fire inspection with the City of Red Bluff Fire Department to maintain compliance with regulations governing fixed extinguishing system(s) for commercial cooking operation.

(d) Time restrictions. No mobile vending unit shall be authorized/allowed to stay on any site more than 12 hours in a 24-hour day for which they are approved to occupy (i.e. they shall leave any approved site for a total of 12 hours a day or more).

Non-stationary large mobile vendors are only allowed to stop in the city street as long as it takes to dispense the product. At no time shall a non-stationary mobile vendor be stopped in one on-street location greater than ten minutes.

No mobile vending unit using multiple vending sites shall be authorized/allowed to stay on any one site more than 12 hours in a 24-hour day and for more than two consecutive days and six total days per month which they are approved to occupy (i.e. they shall leave any approved site for a total of 12 hours a day or more).

(e) Location restrictions. Mobile vending units are not permitted on private property in any residential zoning district. Mobile vending units shall be located no closer than 300 feet to each other, unless in a designated mobile vendor park or participating in a special event activity. No mobile vending unit may conduct business, park, or operate within 600 feet of any elementary, middle, or high school, whether public or private. The 600 feet shall be measured from each property line of the school(s), creating a 600-foot radius around the school’s property.

(f) Multiple sites. Mobile vendors using multiple off-street sites is allowed pursuant to the requirements of this chapter.

(g) Property owner permission. Each mobile vending unit shall obtain property owner permission in writing for each proposed location and submit this permission to the city prior to approval.

(h) Annual review and renewal. Each vendor shall obtain a written permission to operate letter from the property owner and submit it to the Community Development Department in January of each calendar year following the issuance of the approved permit.

(Ord. 990, passed 4-21-2009; Am. Ord. 1059, passed 5-4-2021; Am. Ord. 1089, passed 5-6-2025)

The purpose of providing a housing density bonus or incentives is to contribute to the economic feasibility of low income and moderate income housing in housing developments proposed within the city.

(A) When a developer enters into an agreement pursuant to California Government Code § 65915 to provide 10 to 20% of the total units of a housing development affordable for low or moderate income households, or 5 to 11% of units affordable to very low-income households, as defined in the California Health and Safety Code, the developer shall be eligible for a housing density bonus of up to 35% and up to three incentives or concessions if the housing development consists of five or more units.

(B) Any person requesting a housing density bonus, incentives, or concessions shall apply for a development agreement. A housing density bonus, incentives, or concessions shall be granted by approval of the development agreement which shall specify the density bonus and/or incentives, and any conditions attached to the approval of such bonus, incentive and/or concession.

(C) Prior to City Council action on a development agreement providing a housing density bonus or incentives, the Planning Commission shall consider the development agreement and make a recommendation to the City Council.

(D) The project developer may specify the housing density bonus or incentives requested; however, the city may agree to provide a housing density bonus or incentives other than those requested, so long as such housing density bonus or incentives meet the requirement set forth in the California Government Code.

(Ord. 1049, passed 5-15-2018)