§ 18.17

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