Chapter 18.12 — ZONING CLEARANCE

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

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

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

A.

Prior to issuance of a building permit for any new single-family or multiple-family residential project or commercial building, the zoning clearance will be processed simultaneously with a building permit

application. A separate permit application is not required to obtain the zoning clearance.

B.

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

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

18.12.030 - Review and decision.

A.

Project Review Procedures.

1.

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

2.

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

B.

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

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

Chapter 18.13 - SITE DEVELOPMENT PERMITS

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

A.

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

B.

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

C.

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

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

18.13.020 - Uses and development subject to site development permits.

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

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

18.13.030 - Site development permit processes.

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

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

18.13.040 - Authority and duties of director.

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

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

18.13.050 - Authority of board of administrative review.

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

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

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

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

18.13.070 - Notice and public hearing.

A.

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

B.

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

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

18.13.080 - Duties of the board of administrative review and planning commission.

A.

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

B.

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

C.

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

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

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

A.

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

B.

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

C.

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

D.

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

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

Whenever a site development permit is granted, the director, board of administrative review or planning commission may impose reasonable conditions including, but not limited to, requirements for special yards, open-spaces, buffers, fences, walls, location and orientation of roll-up doors, and screening; specific building design elements; requirements for installation and maintenance of landscape and erosion-control measures; regulation of vehicular ingress and egress and traffic circulation; construction of street

improvements and dedication of right-of-way for street widening or street extensions; regulation of signs; regulation of parking; preservation of trees; regulation of lighting; regulation of hours or other characteristics of operation; establishment of development schedules or time limits for performance or completion; extension and provision of public utilities and easements; requirements for periodic review by the director; and such other conditions as the hearing body may deem necessary to ensure compatibility with surrounding uses; to preserve public health, safety and welfare; and to implement the general plan.

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

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

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

18.13.120 - Lapse of approval—Revocation—Renewal.

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

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

18.13.130 - Revised plans—New applications.

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

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

Chapter 18.14 - USE PERMITS

18.14.010 - Purpose.

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

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

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

18.14.020 - Uses and development subject to use permits.

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

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

18.14.030 - Authority of planning commission.

The planning commission shall approve, conditionally approve, or disapprove applications for use permits subject to the policies and intent of the general plan, the general purposes of this title, the specific

purposes of the base or overlay zoning district in which a development site is located, and the provisions of this section.

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

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

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

18.14.050 - Notice and public hearing.

A.

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

B.

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

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

18.14.060 - Duties of planning commission.

A.

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

B.

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

C.

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

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

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

A.

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

B.

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

C.

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

D.

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

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

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

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

18.14.090 - Effective date—Appeals.

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

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

18.14.100 - Lapse of approval—Revocation—Renewal.

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

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

18.14.110 - Revised plans—New applications.

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

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

Chapter 18.15 - ZONING EXCEPTIONS

18.15.010 - Purpose.

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

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

18.15.020 - Scope of zoning exception.

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

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

18.15.030 - Standards for which exceptions may be considered.

An exception may be considered for the following standards. Additional exceptions may be allowed if, in the opinion of the director, they are of a similar nature or magnitude to those listed below:

A.

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

B.

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

C.

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

D.

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

E.

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

F.

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

G.

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

H.

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

I.

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

J.

Multistory Limitations; Transitional Building Height; Skyplane. The director may reduce the higher or second-story setbacks required by Section 18.31.030 and/or reduce the building height limitations established by Sections 18.32.040 and 18.33.040 and/or skyplane requirements by up to twenty percent upon determining that any of the following are in evidence:

1.

Existing rear or side yard setbacks in the abutting "RE" or "RS" district are sufficient to ensure that the intent of the multistory, transitional height, or skyplane limitations are met.

2.

The difference in existing or proposed finished grade between building sites is such that privacy, height, or bulk impacts to any residential district would not be present if requirements are reduced.

3.

The size or configuration of the developing property is such that it is infeasible to meet the limitations of these sections.

K.

Reserved.

L.

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

M.

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

N.

Recreational Vehicle Storage/Parking.

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

a.

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

i.

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

(A)

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

(B)

Location of mature tree(s);

(C)

Location of HVAC or similar equipment;

(D)

Existence of substantial slopes.

ii.

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

iii.

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

iv.

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

b.

Vehicle Parking Conditions.

i.

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

ii.

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

iii.

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

iv.

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

v.

Vehicles shall not be occupied for living purposes.

vi.

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

vii.

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

viii.

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

ix.

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

2.

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

O.

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

P.

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

Q.

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

R.

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

S.

Side Yard and Rear Yard Setbacks. In any district, the director may decrease the minimum setback by not more than twenty percent where the proposed setback area or yard is in character with the surrounding neighborhood and is not required as an essential open-space or recreational amenity to the use of the site,

where such decrease will not unreasonably affect abutting sites. In the "GO" district, one side yard other than a street side yard may be decreased to that established for an adjacent existing building provided that one side yard has a minimum setback of ten feet, (fifteen feet if adjacent to an "R" district).

T.

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

U.

Surfacing. The requirement for paving driveways over one hundred fifty feet in length may be waived provided that: (1) the first thirty feet from the paved street or back of the sidewalk shall be paved, (2) the driveway-surfacing requirements of the fire marshal shall be met, and (3) the driveway is not located within seventy-five feet of an existing or future residence.

V.

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

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

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

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

A.

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

B.

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

C.

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

D.

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

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

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

18.15.050 - Conditions of approval.

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

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

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

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

18.15.070 - Determinations/actions by director.

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

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

18.15.080 - Effective date—Lapse of approval.

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

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

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

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

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

18.15.100 - Hearing before board of administrative review or planning commission.

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

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

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

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002) Chapter 18.16 - VARIANCES

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

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

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

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

18.16.030 - Authority of planning commission.

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

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

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

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

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

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

18.16.060 - Duties of planning commission.

A.

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

B.

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

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

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

A.

There are exceptional or extraordinary circumstances or conditions applicable to the property, structure, or use referred to in the application, including location, shape, size, surroundings, or topography, which do not apply generally to property, structures, or uses in the same zoning district, so that the strict application of

this code denies the property owner privileges enjoyed by other property owners in the vicinity and under an identical zoning district;

B.

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

C.

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

D.

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

E.

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

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

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

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

18.16.090 - Effective date.

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

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

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

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

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

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

Chapter 18.17 - TEMPORARY USE PERMITS

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

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

The following temporary uses are allowed without a use permit subject to meeting any applicable standards and limitations established in the Redding Municipal Code, the limitations specified by this section. The following temporary uses are permitted:

A.

Charitable Events, Fundraising, and Community Events. Fundraisers and like charitable events, limited to three days each month for each sponsoring organization. Sponsorship shall be limited to religious, educational, fraternal, or service organizations directly engaged in civic or charitable efforts. Such activities shall only occur on nonresidential properties and shall not use more than ten percent of the available site parking.

B.

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

C.

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

D.

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

E.

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

F.

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

G.

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

H.

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

I.

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

J.

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

1.

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

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

a.

In zoning districts that allow clinics as a permitted use.

b.

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

c.

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

d.

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

3.

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

4.

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

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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

g.

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

h.

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

5.

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

K.

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

1.

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

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

3.

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

4.

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

5.

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

6.

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

7.

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

L.

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

M.

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

1.

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

2.

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

a.

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

(1)

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

(2)

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

3.

Emergency housing sites shall be subject to the following conditions:

a.

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

b.

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

c.

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

d.

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

e.

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

f.

On-Site Personnel. A manager must be on-site when occupants are present and during normal operating hours. The manager's area shall be located near the primary entrance to the facility. The manager's name,

telephone number, and e-mail address must be posted and easily visible to the public. Notwithstanding the above, an emergency housing site, accommodating six persons or less, may recommend alternative onsite management criteria.

g.

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

h.

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

i.

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

j.

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

k.

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

l.

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

m.

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

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

5.

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

6.

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

7.

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

8.

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

9.

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

10.

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

a.

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

b.

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

c.

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

11.

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

12.

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

13.

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

14.

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

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

(Ord. No. 2428, § 3, 1-20-2009; Ord. No. 2553, § 1, 9-6-2016; Ord. No. 2570, § 1, 4-4-2017; Ord. No. 2590, § 2, 8-21-2018; Ord. No. 2606, § 1, 6-18-2019; Ord. No. 2637, § 2, 6-15-2021; Ord. No. 2649, § 1, 7-192022; Ord. No. 2667, § 2, 2-6-2024)

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

A.

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

B.

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

C.

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

D.

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

E.

Standards and Time Limits for Specific Events.

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

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

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

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

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

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

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

18.17.060 - Approval.

A.

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

B.

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

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

(Ord. No. 2541, § 1, 2-16-2016)

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

A.

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

B.

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

C.

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

D.

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

E.

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

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

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

A.

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

B.

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

C.

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

D.

Signage will be limited to that approved by the director;

E.

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

F.

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

G.

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

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

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

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

Chapter 18.18 - AMENDMENTS TO THE TEXT OR MAP

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

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

An amendment may be initiated as follows:

A.

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

B.

By direction of the city council.

C.

By direction of the planning commission.

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

18.18.030 - Public hearings.

A.

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

B.

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

Notice shall be mailed to:

1.

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

2.

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

3.

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

C.

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

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

18.18.040 - Planning commission action.

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

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

18.18.050 - City council action.

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

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

18.18.060 - Amendments to general plan.

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

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

Chapter 18.19 - PREZONING

18.19.010 - Purpose.

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

A.

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

B.

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

C.

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

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

18.19.020 - Procedure—Zoning map designation—Effective date.

A.

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

B.

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

C.

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

D.

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

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

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

A.

Publicly owned lands and/or facilities;

B.

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

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

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

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

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

A.

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

B.

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

C.

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

D.

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

E.

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

F.

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

G.

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

H.

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

I.

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

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

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

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

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

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

Chapter 18.20 - DEVELOPMENT AGREEMENTS

18.20.010 - Purposes.

A.

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

B.

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

1.

The plain terms of the development agreement;

2.

The provisions of this chapter;

3.

The provisions of state law.

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

A.

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

1.

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

2.

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

3.

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

B.

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

C.

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

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

18.20.030 - Public hearings.

A.

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

B.

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

C.

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

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

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

A.

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

B.

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

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

18.20.050 - Execution and recordation.

A.

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

B.

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

C.

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

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

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

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

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

A.

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

B.

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

C.

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

D.

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

E.

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

F.

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

G.

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

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

18.20.080 - Approved development agreements.

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

(Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002) Chapter 18.22 - ADEQUATE PUBLIC FACILITIES

The specific purposes of this chapter are:

A.

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

B.

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

C.

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

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

18.22.020 - Applicability.

A.

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

B.

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

1.

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

2.

Single-family dwellings on existing parcels.

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

18.22.030 - Adequate public facilities review.

A.

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

B.

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

1.

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

2.

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

3.

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

4.

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

5.

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

C.

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

1.

Measures that will be taken to address the deficiency;

2.

Funding mechanism to be utilized;

3.

Approximate timing of construction;

Party responsible for undertaking improvements.

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

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

18.22.040 - Public facility requirements.

A.

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

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

LOS "D" for the downtown area;

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

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

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

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

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

1.

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

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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

g.

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

h.

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

i.

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

B.

Water, Wastewater, Electricity, Stormwater, Public Safety, and Parks and Recreation. Level-of-service standards for water, wastewater, electricity, stormwater, public safety and parks and recreation facilities

shall be established by resolution of the city council. Periodically, but not less than every two years, the service levels contained in the resolution shall be reviewed and adjusted by the city council, if necessary, to reflect current capital improvement programming, redevelopment plans and similar mechanisms that influence service levels.

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

Chapter 18.23 - HISTORIC/ARCHITECTURAL PRESERVATION

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

The purposes of this chapter are to:

A.

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

B.

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

C.

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

(Ord. 2410 § 1 (part), 2008)

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

1.

Local Register of Qualified Historic Properties. A list which identifies properties designated on a federal, state, or city register of historical or architecturally significant places, or landmarks, including the National

Register of Historic Places, California Register of Historical Resources, California Historical Landmarks, State Points of Historical Interest, and the City of Redding Local Register of Qualified Historic Properties.

2.

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

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

(Ord. 2410 § 1 (part), 2008)

18.23.025 - Duties of planning commission.

The planning commission shall have the following powers and duties:

A.

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

B.

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

(Ord. 2410 § 1 (part), 2008)

18.23.030 - Local register of qualified and candidate historic properties.

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

A.

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

(Ord. 2410 § 1 (part), 2008)

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

A.

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

B.

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

1.

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

2.

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

3.

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

4.

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

5.

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

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

7.

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

8.

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

9.

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

(Ord. 2410 § 1 (part), 2008)

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

(Ord. 2410 § 1 (part), 2008)

A.

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

B.

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

(Ord. 2410 § 1 (part), 2008)

18.23.070 - Appeals.

A.

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

(Ord. 2410 § 1 (part), 2008)