Chapter 18.43 — STANDARDS FOR SPECIFIC LAND USES

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

(Ord. 2343 § 2 (part), 2005)

18.43.020 - Accessory uses and structures.

A.

Accessory Uses. An accessory use, structure, building, or tent shall be allowed only in conjunction with a principal use or building to which it relates under the same regulations as the main use in any zoning

district. Accessory structures, buildings, or tents shall be designed to be of similar and compatible architecture and materials as the main buildings.

B.

Portable Commercial Accessory Structures.

1.

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

2.

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

C.

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

1.

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

2.

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

3.

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

4.

Detached Structures in the RL Zone.

a.

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

b.

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

c.

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

d.

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

e.

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

5.

Detached Structures in the RE, RS and RM Zones.

a.

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

b.

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

c.

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

d.

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

e.

Setback Requirements.

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

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

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

6.

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

(Ord. 2403 § 11, 2008; Ord. 2381 § 12 (part), 2007: Ord. 2343 § 2 (part), 2005; Ord. No. 2570, § 2, 4-42017)

(Ord. No. 2590, § 13, 8-21-2018)

A.

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

B.

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

C.

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

1.

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

2.

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

D.

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

E.

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

1.

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

2.

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

3.

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

F.

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

adult entertainment uses shall be contained entirely within an enclosed building.

G.

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

1.

One thousand feet of another similar business;

2.

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

3.

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

4.

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

residential, religious institution, school, or public park purposes shall be measured in a straight line, without regard to intervening structures, from the closest property line of the adult entertainment business to the closest property line of the property designated for residential use or used for residential, religious institution, school or public park purposes.

H.

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

I.

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

J.

Viewing Area.

1.

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

2.

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

3.

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

K.

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

(Ord. 2343 § 2 (part), 2005)

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

A.

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

B.

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

C.

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

1.

Large animals:

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

2.

Small animals:

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

D.

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

1.

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

2.

Small animals:

a.

Ten poultry equal one animal unit.

b.

Ten rabbits equal one animal unit.

c.

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

d.

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

(1)

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

(2)

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

(3)

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

E.

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

1.

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

2.

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

3.

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

4.

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

F.

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

1.

Has a sufficient area for mobility and exercise as appropriate;

2.

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

3.

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

4.

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

G.

Unsanitary Conditions Prohibited. No person shall keep an animal in an unsanitary condition within the city. Conditions shall be considered unsanitary where the keeping of the animal results in an accumulation of fecal matter, an odor, insect infestation, or rodent attractants which endanger the health of the animal or

any person or which disturb or are likely to disturb the enjoyment, comfort, or convenience of any person in or about any dwelling, office, hospital, or commercial establishment.

H.

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

I.

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

(Ord. 2343 § 2 (part), 2005)

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

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

A.

Minimum Lot Size. Seven thousand five hundred square feet.

B.

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

C.

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

D.

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

E.

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

F.

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

G.

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

H.

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

(Ord. 2343 § 2 (part), 2005)

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

A.

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

B.

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

C.

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

D.

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

E.

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

F.

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

G.

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

(Ord. 2343 § 2 (part), 2005)

(Ord. No. 2428, § 10, 1-20-2009)

18.43.070 - Daycare center (15 or more).

A.

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

B.

Development Standards.

1.

Minimum Lot Size. Twenty thousand square feet.

2.

Minimum Lot Frontage. Eighty feet.

3.

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

4.

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

5.

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

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

7.

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

8.

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

9.

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

10.

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

11.

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

12.

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

(Ord. 2343 § 2 (part), 2005)

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

A.

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

B.

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

C.

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

D.

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

E.

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

F.

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

G.

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

H.

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

I.

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

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

(Ord. No. 2606, § 14, 6-18-2019)

18.43.090 - Gas stations/convenience gas marts.

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

A.

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

1.

Minimum site area: thirty thousand square feet;

2.

Minimum frontage: one hundred feet on each street;

3.

The following pump island setbacks shall apply:

a.

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

b.

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

4.

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

5.

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

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

7.

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

8.

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

9.

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

10.

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

11.

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

12.

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

a.

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

b.

The provision of emergency service of a minor nature.

13.

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

14.

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

(Ord. 2343 § 2 (part), 2005)

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

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

A.

Standards.

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

8.

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

9.

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

10.

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

11.

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

12.

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

13.

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

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

15.

Any deliveries shall be by standard mail or package carrier.

16.

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

B.

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

C.

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

D.

Duration of Home Occupation.

1.

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

a.

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

b.

The use ceases for a period greater than six months;

c.

The original business license holder moves from the approved location;

d.

There is a violation of the home occupation performance criteria;

e.

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

2.

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

E.

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

F.

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

G.

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

(Ord. 2343 § 2 (part), 2005)

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

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

A.

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

B.

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

1.

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

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

3.

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

4.

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

5.

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

6.

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

7.

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

(Ord. 2343 § 2 (part), 2005)

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

A.

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

B.

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

1.

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

Screening Required. All nonauto-

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

3.

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

C.

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

1.

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

2.

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

3.

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

4.

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

D.

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

1.

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

2.

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

3.

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

(Ord. 2343 § 2 (part), 2005)

• 18.43.140 - Accessory dwelling units.

A.

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

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

B.

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

C.

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

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

2.

Unit Size.

a.

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

b.

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

i.

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

c.

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

3.

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

4.

Height and Setbacks.

a.

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

Detached ADU

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

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

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

b.

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

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

6.

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

7.

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

a.

A cooking facility with appliances.

b.

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

8.

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

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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

9.

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

D.

Deed Restrictions.

1.

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

2.

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

3.

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

a.

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

b.

The accessory dwelling unit cannot be sold separately;

c.

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

E.

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

F.

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

G.

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

H.

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

I.

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

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

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

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

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

MINIMUM DEVELOPMENT STANDARDS.

A.

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

B.

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

C.

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

D.

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

E.

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

F.

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

1.

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

2.

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

G.

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

(Ord. 2343 § 2 (part), 2005)

(Ord. No. 2590, § 15, 8-21-2018)

18.43.160 - Shelter for the homeless.

A.

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

B.

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

C.

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

D.

Property Development Standards. The development shall conform to all property-development standards of the "HC" zoning district (Chapter 18.36), as well as Chapters 18.40 (Site and Development Regulations), 18.41 (Off-Street Parking and Loading), 18.42 (Signs), and 18.47 (Landscape Standards), except as may be modified by these standards.

E.

Management. At least one facility manager shall be on-site at all hours that the facility is open. Additional support staff shall be provided, as necessary, to ensure that at least one staff member is provided in all segregated sleeping areas, as appropriate.

F.

Length of Stay. Temporary shelter shall be available to residents for no more than one hundred eighty days in any twelve-month period.

G.

Hours of Operation. Shelters shall establish and maintain set hours for client intake/discharge, which must be prominently posted on-site.

H.

On-Site Parking. On-site parking shall be provided in the ratio of one space for every six adult beds, plus one space for each manager/assistant.

I.

Lighting. Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way.

J.

Required Facilities. Shelters shall provide the following facilities:

1.

Indoor client intake/waiting area of at least one hundred square feet if client intake is to occur on-site. If an exterior waiting area is provided, it shall be enclosed or screened and designed to prevent queuing in the public right-of-way.

2.

Secure areas for personal property.

3.

Laundry facilities adequate for the number of residents.

4.

Telephone(s) for use by clients.

5.

Interior and/or exterior common space for clients to congregate shall be provided on the property at a ratio of not less than fifteen square feet per client, with a minimum overall area of one hundred square feet. Common space does not include intake areas.

K.

Optional Facilities/Services. Shelters may provide one or more of the following types of common facilities for the exclusive use of the residents:

1.

Central cooking and dining room(s).

2.

Recreation room.

3.

Counseling center.

4.

Child-care facilities.

5.

Other support services.

L.

Shelter Provider. The provider shall demonstrate, to the satisfaction of the director, that it currently operates a shelter within the State of California, or has done so within the past two years, or that it has management staff available that has a minimum of two years' experience in the operation of homeless shelters. The provider shall comply with the following requirements:

1.

Staff and services shall be made available to assist residents in obtaining permanent shelter and income.

2.

An operational plan (plan) shall be provided for the review and approval of the director. The approved plan shall remain active throughout the life of the facility, and all operational requirements covered by the plan shall be complied with at all times. At a minimum, said plan shall contain provisions addressing the areas outlined below:

a.

Security and safety-addressing both on- and off-site needs, including provisions to ensure the security and separation of male and female sleeping areas, as well as any family areas within the facility.

b.

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

c.

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

d.

Staff training programs-to provide adequate knowledge and skills to assist clients in obtaining permanent shelter.

e.

Communication and outreach-with objectives to maintain effective, ongoing communication and response to operational issues which may arise within the neighborhood as may be identified by the general public or city staff.

f.

Adequate and effective screening-with the objective of determining admittance eligibility of clients.

g.

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

Modifications to the operational plan may be requested at any time and shall be subject to the review and written approval of the director.

(Ord. No. 2438, § 4, 9-1-2009)

This section is intended to provide standards for the construction of new residential "air space" condominium projects, including similar common-interest developments and community apartment projects, when allowable in accordance with applicable zoning, the general plan, and the Subdivision Map Act.

A.

Required Approvals. The following discretionary approvals are required to support development of a new residential condominium project:

1.

A tentative map and application processed in accordance with Redding Municipal Code (RMC) Chapter 17.20.

2.

A preliminary condominium plan to be considered for approval by the planning commission, along with the tentative map, and processed in accordance with RMC Section 17.30.020.

B.

Project Size. The minimum area for a residential condominium project shall be one acre, unless the planning commission determines, based on the merits of a particular development, that the project is viable on a smaller site, consistent with the other requirements of this section.

C.

Building and Site Design. Residential condominium projects shall comply with the adopted design criteria for multiple-family development as specified under Section 18.40.050, Design criteria. Residential condominium projects shall also comply with the building height, setbacks, and other zoning-development standards applicable to multiple-family development in the "RM" residential multiple family district, including, but not limited to, the standards identified under Schedule 18.31.030-C.

D.

Common Ownership and Maintenance Association. Residential condominium projects shall have and maintain a functional property-owners' association established in accordance with California Civil Code, Section 1350 et seq., which shall:

(1)

Own all common property within the development.

(2)

Provide administration and management for the maintenance of common improvements, lands, and facilities, including, but not limited to: private driveways; sidewalks; pathways; common areas; on-site and abutting right-of-way landscape and irrigation systems; common laundry facilities; fencing; private streetlights; exterior of all buildings; swimming pool and other recreational facilities; and any other private common facility, utility, improvement, or natural area.

(3)

Pay public utilities not billed separately to each unit.

(4)

Enforce standards within the development.

The articles of incorporation and covenants, conditions, and restrictions (CC&Rs) for the property-owners' association shall be reviewed and approved by the city prior to recording.

E.

Private and Common Open Space.

1.

Private. Each dwelling unit in a residential condominium project shall include private open-space area, consistent with the standards applicable to multiple-family development as outlined in Schedule 18.31.030C.

2.

Common. All residential condominium projects shall include common open space, consisting of landscape areas, walks, patios, swimming pools, barbeque areas, shade elements, playgrounds, turf, or other such improvements as are appropriate to enhance the outdoor environment of the development. Except for approved natural open-space areas, all areas not improved with buildings, parking, walkways, driveways, trash enclosures, and similar physical features shall be developed as common areas with the type of attributes described above. The minimum amount of common open space required shall be determined based on the applicable general plan classification as follows:

3.

The covenants, conditions, and restrictions and homeowners' association document shall require the continued maintenance of all common open-space areas.

F.

Off-Street Parking. Off-street parking shall be provided in accordance with Chapter 18.41 as applicable to the "Condominium (residential)" land use classification; covered parking is required for two or more bedroom units in accordance with Schedule 18.41.040-A. The ongoing parking of recreational vehicles onsite shall be limited to approved outdoor large-vehicle storage and parking areas.

G.

Private Storage Space. Each unit shall have at least one hundred cubic feet of enclosed, weatherproofed, and lockable private storage space, with a minimum horizontal surface area of twenty-five square feet in addition to guest, linen, pantry, and clothes closets customarily provided within a unit. Such space shall be provided in any location as approved by the planning commission at the time of approval but shall not be divided into more than two locations.

H.

Laundry Facilities. A laundry area shall be provided in each unit for a washer and dryer or, if common laundry areas are provided, such facilities shall consist of not less than one automatic washer for each five units or fraction thereof and one automatic dryer for each eight units or fraction thereof.

I.

Utilities. All units within a new residential condominium shall be served by separate public water, sewer, gas and electric connections and meters. Each unit shall have access to its own meter(s) and heater(s), which shall not require entry through another unit. Each unit shall have its own electrical panel, or access thereto, for all electrical circuits which serve the unit. All electrical service lines shall be located underground.

(Ord. No. 2469, § 23, 11-2-2010)

A.

The purpose of this section is to establish an appropriate permitting process and standards for short-term rental of dwelling units throughout the City; to provide a visitor experience and accommodation as an alternative to the typical hotel, motel, and bed and breakfast accommodations customarily permitted in the City; to minimize potential negative secondary effects of short-term rental use on surrounding residential neighborhoods; to retain the character of the neighborhoods in which any such use occurs; and ensure the payment of required transient occupancy taxes.

B.

Types of short-term rentals. For purposes of this section, the following short-term rental facilities are established:

1.

Hosted homestay. An owner-occupied "Dwelling Unit," as defined by Section 18.61.020 under "Residential Structure Types" and excluding apartment units and duplexes, with more than one habitable room, where, for compensation, individual overnight room accommodations are provided for a period of less than thirty days.

2.

Vacation rental. An entire "Dwelling Unit," as defined by Section 18.61.020 under "Residential Structure Types" and excluding apartment units and duplexes, where, for compensation, overnight accommodations are provided for a period of less than thirty days and the owner may or may not reside within the dwelling unit for the term of the rental.

C.

Short-term rental permit requirements. No person shall use, advertise, or market for use, any dwelling unit on any parcel in any zoning district for short-term rental purposes without first obtaining approval as required by this section. The following approval process is established:

1.

Hosted homestay: This use is permitted within all zoning districts subject to obtaining a Letter of Determination from the director and providing an affidavit certifying that the owner understands, agrees to, and is in compliance with the requirements of this section. Applicants may be required to provide a site plan or other information determined necessary by the director to determine compliance with this section

and shall pay an application fee as may be established by resolution of the city council. Permits for Hosted Homestays shall expire twelve months from issuance and are subject to a requirement for renewal in accordance with this section.

2.

Vacation rental: This use is permitted within all zoning districts subject to obtaining a site development permit issued by the director in accordance with the provisions of Chapter 18.11, Common Procedures and Chapter 18.13, site development permits of this Code, except that Site Development Permits for vacation rentals shall expire twelve months from issuance and are subject to a requirement for renewal in accordance with this section.

D.

Districts in which permitted. The regulations of this chapter apply to short-term rentals in all zoning districts.

E.

General requirements—hosted homestay.

1.

No more than one dwelling unit on a lot may be used at any one time.

2.

A maximum of two rooms may be available for rent at any time. A floor plan shall be submitted with the affidavit indicating the rooms for rent.

3.

Occupancy shall be limited to a maximum of two persons per rented bedroom. The rental shall be limited to a maximum of one hundred eighty rental days per calendar year.

4.

The owner shall be the applicant, and other than for purposes of daily routines, the applicant must occupy the residence at all times when rooms are being provided for rent.

5.

At the time of permit renewal, the property owner shall attest they understand and agree to the hosted homestay requirements by signing the hosted homestay affidavit available at the development services department and any payment due must be remitted.

6.

Except as set forth in Section 18.43.060 as it relates to licensed bed and breakfast inns, no owner shall cook, prepare or serve for consumption food of any kind for consumption by the short-term-rental tenant.

7.

The applicant shall state in the application the number of on-site parking spaces available to tenants, but in no case shall it be less than two on-site spaces. Short-term rental tenant parking spaces shall be within the primary driveway or other on-site location. No tenant parking in excess of this number of on-site parking spaces is permitted. No tenant is permitted to park on the street. External changes to a property such as converting significant areas of front yard landscape for purposes of meeting parking requirements is not allowed.

8.

All required on-site parking spaces (including garage parking if identified at time of approval) shall be accessible and available to short-term-rental tenants at all times during the rental periods.

9.

Short-term rentals shall meet all applicable building, health, fire and related safety codes at all times, including provision of working smoke and carbon monoxide detectors.

10.

The applicant shall post emergency evacuation instructions and "house policies" within each short-termrental tenant bedroom. The house policies shall be included in the rental agreement, and shall be enforced by the applicant. At a minimum, the house policies should:

a.

Reinforce the City of Redding's Noise Standards (RMC Section 18.40.100) by establishing outdoor "quiet hours" between 10:00 p.m. and 7:00 a.m. to minimize disturbance to neighboring residences. Outdoor activities are prohibited during "quiet hours."

b.

Require that short-term-rental tenant vehicles be parked on the premises, not the street in compliance with this section.

11.

The property shall not be used to host non-applicant related weddings, parties, and other similar events.

12.

On-site advertising signs or other displays indicating that the residence is being utilized as a short-term rental are prohibited.

13.

No person shall advertise a short-term rental on any media platform when such advertisement or notice contains an inaccurate or misleading statement of the requirements of, or indicate amenities not allowed by the Redding Municipal Code including the number of parking spaces.

All advertisements shall include the number of permissible parking spaces.

15.

A City business license shall be obtained and transient occupancy taxes paid in accordance with Chapter 4.12 as required. All advertising for any short-term rental shall include the City of Redding transient occupancy tax number and the City of Redding business license number assigned to the applicant. With submittal of transient occupancy taxes, the applicant shall also submit a statement indicating the number of short-term-rental tenant stays, and the number of short-term-rental tenants for the reporting period.

16.

The permit is not transferrable to a subsequent property owner or to another property.

17.

This section shall not be construed as waiving or otherwise impacting the rights and obligations of any individual, group, or the members of any homeowner's association, as defined, to comply with or enforce CC&R's and no permit shall be issued when it is demonstrated by substantial evidence that issuance of a permit will be in contradiction to any recorded CC&R's or other record providing record notice of a restriction on the use of the property.

F.

General requirements—vacation rentals.

1.

With the exception of subsections 1—6 listed in Section 18.43.180E above, the general requirements provisions for hosted homestays shall apply to vacation rentals.

2.

The following additional provisions shall also be applicable to vacation rentals which may be supplemented by requirements established by the director with approval of the required site development permit as necessary to maintain compatibility of the use with the surrounding properties.

a.

A vacation rental shall not be permitted on properties as follows:

(1)

Containing an accessory dwelling unit with a building permit application submitted on or after January 1, 2020 in compliance with Government Code Section 66323, as may be amended from time to time; or

(2)

Within a six hundred foot radius of an existing permitted vacation rental except that, at the discretion of the director or appellate body as the case may be, within a three hundred foot radius of an existing vacation rental when there is a buffer such as an arterial, rail right-of-way, flood control channel, stream corridor or open space easement between the vacation rental units.

b.

The total number of vacation rentals in the City shall not exceed four hundred rentals at any one time.

c.

The owner shall be the applicant and any natural person signing an application on behalf of an owner shall have legal authority to bind the owner.

d.

A vacation rental shall not be rented to multiple separate parties concurrently.

e.

The applicant shall keep on file with the City the name, telephone number, and email address of a local contact person who shall be responsible for responding to questions or concerns regarding the operation of the vacation rental. This information shall be posted in a conspicuous location within the vacation rental dwelling. The local contact person shall be available twenty-four hours a day, seven days a week, to accept messages and respond physically to the vacation rental within forty-five minutes, if necessary. The name and contact information of the local contact person will be made available to the public. The contact information shall be kept current at all times.

f.

Occupancy shall be limited to a maximum of two persons per rented bedroom.

g.

The maximum number of persons on the property at any time shall be limited to sixteen persons.

h.

Prior to issuance of a permit, a physical inspection of the dwelling unit and property shall be conducted by City staff.

i.

Each operator shall maintain a record of each short-term-rental tenant's vehicle(s). The record shall minimally consist of the rental period, the license plate, make, model, and color for each vehicle. The record shall be made available at any time upon request by the City.

j.

Notwithstanding Subdivision B(2), an apartment unit or duplex located in the Downtown Redding Specific Plan area may be permitted as a vacation rental, subject to the following:

(1)

For any parcel located within the Downtown Redding Specific Plan Core District, the requirements listed in Subdivisions E(7), E(8), E(10)(b), E(14), F(2)(a)(2), and F(2)(i) shall not apply.

(2)

For any parcel located within the Downtown Redding Specific Plan Mixed-Use District and adjacent to a Residential Single-Family District, the requirement listed in Subdivision F(2)(a)(2) shall apply, but only as measured to vacation rentals located in that Residential Single-Family District.

(3)

For any parcel located within the Downtown Redding Specific Plan Mixed-Use District with a legal nonconforming apartment or duplex use, the off-street parking requirements listed in Subdivisions E(7), E(8), E(10)(b), E(14), and F(2)(i) shall not apply.

G.

Application required.

1.

Where a site development permit is required by this section, applicants for a short-term rental use shall pay the application fee established by resolution of the City Council and apply for a permit in accordance with the provisions of Chapter 18.11 (Common Procedures), except that notices of the vacation rental application shall be sent to all owners of real property within six hundred feet of the applicant's property for a ten business day notification period.

2.

In making a determination to approve, conditionally approve, or deny any application, including an application for renewal, for a hosted homestay or vacation rental, the director, or appellate body as the case may be, may also consider any factor pertinent to the health, safety and welfare of the immediate neighborhood or public generally including, but not limited to, ability to comply with the provisions set forth in this section, evidence of operation in violation with this section, complaints of neighbors, code enforcement activity, timeliness of business permit renewal, timeliness or non-payment of transient occupancy tax, proximity of the property to group homes, residential care facilities, and other neighborhood and site characteristics.

3.

Appeal of any determination to approve or deny any application, including an application for renewal, shall be in accordance with Section 18.11.090, except for the appeal period shall be ten business days.

H.

Suspension and termination.

1.

The director, or appellate body, shall apply the criteria set forth in Section 18.43.180G.2. in determining whether any permit issued pursuant to this section shall be suspended or terminated. Notice shall be provided to the applicant pursuant to the procedure set forth in Section 18.11.060.

2.

Appeal of the suspension or termination by the director of a vacation rental permit shall be in accordance with the requirements of Section 18.11.090.

3.

Appeal of the suspension or termination by the director of a hosted homestay permit must be made to the planning commission within ten calendar days of service of the director's decision, and appeal of the planning commission decision to the city council must be made within ten calendar days of service of the planning commission's determination. Decisions of the city council are final, and all challenging a decision of the director must exhaust all remedies set forth in this Section 18.43.180H.3. prior to bringing a challenge pursuant to Code of Civil Procedure section 1094.5.

4.

Service shall be deemed effective upon the earliest of: 1) announcement by the approving or appellate body of the decision in the presence of the appellant; 2) personal service on the appellant of a written notice of decision; or 3) deposit of a written notice of decision in the United States Mail.

I.

Legal nonconforming uses.

1.

Continuation and abandonment of short-term rentals which are legal nonconforming uses shall not be governed by Section 18.46.020. The sole allowances for continuation of a legal nonconforming use as a short-term rental are by timely renewal of a valid and current short-term rental permit or as follows:

a.

A temporary hardship allowance of not more than six months may be granted by the director of development services, or designee, if: 1) a medical condition of the permittee, spouse, domestic partner, or immediate family member jeopardizes the ability of the owner to operate the short-term rental; or 2) the death of a spouse, domestic partner, or immediate family member of the permittee jeopardizes the ability of the permittee to operate the short-term rental.

b.

A long-term rental allowance may be granted by the director of development services, or designee, if the permittee provides proof of a long-term lease of twelve months or longer prior to the expiration of the

short-term rental permit. This allowance may be repeated if the conditions set forth in this subsection are met. The length of an allowance shall not exceed the term of the lease or twenty-four months, whichever is shorter. If an allowance is granted pursuant to this subdivision, the existing permit shall terminate per its term. However, the director of Development Services shall consider said permit to be "active" solely for the purpose of allowing the permittee to reapply for a permit after the allowance granted pursuant to this subdivision has lapsed.

J.

Enforcement and remedies. Enforcement of the provisions of this section include the civil and equitable remedies as permitted by state law, the issuance of a citation and fine, or other legal remedy as provided by Chapter 1.12 through 1.15, inclusive, of the Redding Municipal Code. Upon notification by the City, any short-term rental operating in violation of the requirements of this section must terminate operations immediately. Further, a Site Development Permit issued under the authority of this section may be revoked in accordance with the procedures established in Chapter 18.11 (Common Procedures).

(Ord. No. 2543, § 2, 2-16-2016; Ord. No. 2570, § 7, 4-4-2017; Ord. No. 2601, § 1, 3-19-19; Ord. No. 2611, § 4, 9-17-2019; Ord. No. 2660, § 1, 6-20-2023; Ord. No. 2678, § 1, 6-17-2025)

Chapter 18.44 - SURFACE MINING AND RECLAMATION

This chapter is intended to comply with the provisions of the California Surface Mining and Reclamation Act (SMARA) of 1975, Chapter 9, Public Resources Code. The specific purposes of these regulations are to:

A.

Establish regulations for the extraction of minerals, which is essential to the continued economic well-being of the city and to the needs of the society;

B.

Require reclamation of mined lands to prevent or minimize adverse effects on the environment, including fisheries and riparian habitat, and to protect the public health and safety;

C.

Ensure that requirements for reclamation of mined lands permit continued mining of minerals and provide for the protection and subsequent beneficial use of the mined and reclaimed land;

D.

Recognize that surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that reclamation operations and the specifications may vary accordingly.

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

The provisions of the California Surface Mining and Reclamation Act of 1975 (P.R.C. Sec. 2710, et seq.), P.R.C. Section 2207, and the California Code of Regulations implementing the act (14 Cal. Admin., Sec. 3500, et seq.), as either may be amended from time to time, are made a part of this chapter by reference, with the same force and effect as if the provisions therein were specifically and fully set out herein, excepting that when the provisions of this chapter are more restrictive than state provisions, this chapter shall prevail.

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

18.44.030 - Scope.

The following activities are exempt from the provisions of this chapter:

A.

Excavations or grading conducted for farming, for on-site building construction with a valid building permit, or for the purpose of restoring land following a flood or natural disaster;

B.

Prospecting and exploration for minerals of commercial value where less than one thousand cubic yards of overburden is removed in any one location of one acre or less provided that a use permit and grading permit from the city and streambed alteration permit (Section 1600, et al., permit) from the State Department of Fish and Wildlife have been obtained for such prospecting and exploration activities;

C.

Any surface mining operation that does not involve either the removal of a total of more than one thousand cubic yards of minerals, ores, and overburden or involve more than one acre in any one location provided that a use permit from the city and streambed alteration permit (Section 1600, et al., permit) from the State Department of Fish and Wildlife have been obtained for such surface mining operations;

D.

Surface mining operations that are required by federal law in order to protect a mining claim if such operations are conducted solely for that purpose;

E.

Such other mining operations that the city determines to be of an infrequent nature that involve only minor surface disturbances and are categorically identified by the state board pursuant to Sections 2714(d) and 2758(c) of the California Surface Mining and Reclamation Act of 1975;

F.

Grading activities permitted by a lawful grading permit issued by the City that are not intended for mineral recovery.

G.

Prospecting by simple methods, including manual use of a gold pan and small hand tools and/or electronic metal detecting equipment, in a manner that has little or no detectable affect on land or waterway. Use of motorized equipment and processes, such as sluicing or dredging, shall not apply.

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

(Ord. No. 2428, § 11, 1-20-2009; Ord. No. 2590, § 16, 8-21-2018)

18.44.040 - Filing and fees.

A.

Any person, unless exempted by provisions of this chapter, who proposes to engage in surface mining operations as defined in this chapter shall obtain prior to the commencement of such operations: (1) a use permit to mine from the city; (2) approval of a reclamation plan; and (3) approval of financial assurances for reclamation in accordance with the provisions set forth in this chapter and as further provided in Article 5, California Surface Mining and Reclamation Act of 1975.

B.

No person who has obtained a vested right to conduct a surface mining operation prior to January 1, 1976, shall be required to secure a permit pursuant to the provisions of this chapter as long as such vested right continues; provided, that no substantial change is made in that operation except in accordance with the provisions of this chapter. A person may be deemed to have such vested rights if, prior to January 1, 1976, the person has:

1.

Obtained any required permit or other authorization to do surface mining;

2.

Commenced surface operations and incurred substantial expenses for work and necessary materials. Expenses incurred in obtaining the enactment of an ordinance in relation to a particular operation, incurred in obtaining a permit or incurred in the acquisition of property or easements, shall not be deemed liabilities for work or materials.

C.

No person who has a surface mining operation, meeting the definition of a "nonconforming use" under Chapter 18.46 (Nonconforming Uses, Structures, Sites, Parcels and Signs) of the Redding Municipal Code, shall be required to obtain a use permit under the provisions of this chapter, unless the nonconforming use is changed or expanded.

D.

A person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976, or who meets the definition of a nonconforming use of the Redding Municipal Code shall submit to the

department and receive, within a period of three months, approval of a reclamation plan for operations to be conducted after January 1, 1976, unless a reclamation plan was approved by the city or Shasta County prior to January 1, 1976, and the person submitting that plan has accepted responsibility for reclaiming the mined lands in accordance with that plan. Nothing in this chapter shall be construed as requiring the filing of a reclamation plan for, or the reclamation of, mined lands on which surface mining operations were conducted prior to, but not after, January 1, 1976.

E.

Use permits for surface mining activities shall be applied for under the terms of Chapter 18.14 (Use Permits) of this title. Such applications are also subject to review under the terms of the California Environmental Quality Act and may be subject to the "FP" floodplain overlay district regulations and applicable state regulations relating to fisheries, wildlife and air quality.

F.

All applications for a reclamation plan for surface mining operations shall be made on forms provided by the office of the department.

G.

All applications shall demonstrate conformity with the general plan. Use permits for surface mining may only be issued in areas designated on the city general plan as "General Industry" or "Extractive Industry."

H.

The use permit application for surface mining and reclamation shall consist of and contain the following information:

1.

One reproducible sepia, mylar, or other reproducible site plan submitted on a map eighteen inches by twenty-six inches in size and drawn to a scale of no smaller than one inch equals eight hundred feet. The site plan shall show the following information:

a.

Date, north point and scale;

b.

Sufficient legal description of the land to define the boundaries of the site;

c.

A key map indicating the location of the site in relation to the surrounding area;

d.

The existing topography of the land proposed to be mined using contour intervals of not more than five feet and of not less than two feet where the grade of the land is less than five percent. Contours of adjacent land shall also be shown whenever the surface features of the land affect the design of the surface mine. The contour plan shall be an accurate and current representation of the topography;

e.

The location of all streams, roads, trees, wetland areas, railroads, and utility facilities within or adjacent to, such lands and the location of all proposed access roads to be constructed in conducting the mining operation;

f.

The location of the one-hundred-year floodplain boundary of any stream if it is on or within five hundred feet of the site;

g.

The proposed location of all mining equipment, sorters, crushers, storage piles, haul roads, access routes to public streets, office buildings, sheds, fire-suppression equipment, water sources, settling ponds, etc.

h.

A plan showing how any stream channel would be utilized and how equipment would be protected in the event of a one-hundred-year flood.

2.

One reproducible sepia, mylar, or other reproducible reclamation plan submitted on a map eighteen inches by twenty-six inches in size and drawn to a scale of no smaller than one inch equals eight hundred feet. The reclamation plan shall show the following information:

a.

Date, north point and scale;

b.

Sufficient legal description of the land to define the boundaries of the site;

c.

A key map indicating the location of the site in relation to the surrounding area;

d.

The proposed topography of the land when the mining activity ceases using contour intervals of not more than five feet and of not less than two feet where the grade of the land is less than five percent. If the proposed reclamation plan includes the use of lakes, the contour map shall show the proposed lakebed;

e.

All areas of proposed uncompacted fill;

f.

All areas of proposed compacted fill;

g.

The proposed reclamation land-use with theoretical development of the area in a manner consistent with the reclamation plan. Representative structures, parking areas, landscape and other land-use characteristics shall be shown;

h.

A phasing plan showing the approximate areas to be mined and reclaimed on an annual basis;

i.

Current aerial photos at a scale of one inch equals one hundred feet. The aerial photos shall clearly show all areas to be disturbed by the mining operation. Any areas on the property outside the marked disturbance area shall be undisturbed when the mining operation is complete.

3.

Written descriptions of the following:

a.

The environmental setting of the site of operations and the effect that possible alternate reclaimed site conditions may have upon the existing and future uses of surrounding lands;

b.

Effects of the project on public health and safety, giving consideration to the degree and type of present and probable future exposure of the public to the site;

c.

The anticipated quantity and type of minerals for which the surface mining operation is to be conducted. (This portion is to be prepared by a registered geologist);

d.

The proposed dates for the initiation and termination of such operation;

e.

The maximum anticipated depth of the surface mining operation;

f.

A description of the general geology of the area and a detailed description of the geology of the area in which surface mining is to be conducted. This may be presented in map form;

g.

The names and addresses of the owners of all surface and mineral interests of the affected lands;

h.

A description of the manner in which reclamation adequate for the proposed use or potential uses will be accomplished, including: a description of the manner in which contaminants will be controlled and mining waste will be disposed and a description of the manner in which rehabilitation of affected streambed channels and streambanks to a condition minimizing erosion and sedimentation will occur;

i.

An assessment of the effect of implementation of the reclamation plan on future mining in the area;

j.

A statement that the person submitting the plan accepts responsibility for reclaiming the mined lands in accordance with the reclamation plan;

k.

A title report for all parcels involved current within sixty days of the application date;

l.

The reclamation plan shall address and shall establish compliance criteria for the areas of environmental concern listed in Section 2773(b) of the Surface Mining and Reclamation Act of 1975 and any other areas of concern adopted by the state board pursuant to that section. These compliance criteria shall be at least as stringent as standards established by the state board and shall be in accordance with generally accepted engineering practices.

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

As a product of the nature of a surface mining operation, there is the potential for the creation of dust, noise, glare, vibration, and turbidity; impacts from the use of heavy trucks; impacts on residential areas due to extended hours of operation during the construction season; and the creation of land use compatibility problems. In addition, related operations, such as asphalt plants, can create odors.

In order to mitigate these potential impacts, any use permit for a new or expanded surface mining operation shall contain the following requirements:

A.

Setback. Setback from areas designated on the city or Shasta County general plan as residential shall be sufficient to protect the residential areas from any impacts from the environmental factors listed in this section. The applicant shall be responsible for:

1.

Studies to determine the appropriate setback;

2.

A mitigation monitoring program to ensure that the setback achieves the goal of eliminating the identified impacts.

B.

Dust. All activities at the site of a surface mine shall be conducted in a manner to control fugitive dust emissions through the use of dust palliative agents or the use of water to mitigate off-site impacts. The applicant shall fund a monitoring program to ensure that dust mitigations are eliminating off-site impacts and shall obtain all necessary permits from the air quality district.

C.

Odor and Noxious Pollution. No person shall discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public or which endanger the comfort, repose, health or safety of any such person or the public or which cause, or have the natural tendency to cause, injury or damage to business or property. The applicant shall fund a complaint-responsive, monitoring program to ensure that odor mitigations are eliminating off-site impacts.

D.

Noise. Noise from a surface mining operation shall not exceed the levels specified in Table 1 of the noise element of the Redding general plan. The industrial noise complaints section of the noise element of the Redding general plan shall apply to surface mining operations so long as the operations are not expanded. The applicant shall fund a complaint-responsive, monitoring program to ensure that noise is not exceeding permitted levels.

E.

Glare. Glare from night lighting shall not be visible on any public street or in any area shown as "Residential" on the Redding general plan. Should a verifiable complaint of glare be received, the night lighting must be reoriented or shielded to prevent the glare or night operations must cease.

F.

Vibration. Vibration transmitted through the air and the ground shall be undetectable at the boundaries of the property containing the surface mining operation. Should a verifiable complaint of vibration beyond the property boundaries be received, the operation causing the vibration shall cease.

G.

Blasting. Blasting shall require a use permit or an amendment to an existing use permit.

H.

Water Quality. As part of obtaining a surface mining use permit from the City, the applicant shall obtain all necessary permits from the Regional Water Quality Control Board (RWQCB). All surface mining use permit applications will be forwarded to the RWQCB for review of compliance with National Pollution Discharge Elimination Standards and the State's waste discharge requirements. The applicant will also be required to comply with the State Department of Fish and Wildlife criteria to protect fisheries and wildlife in streams adjacent to or flowing through the project site.

I.

Floodplains. Gravel- and sand-extraction operations may be permitted within a flood fringe provided that such uses comply with all provisions of Chapter 18.51, "FP" Floodplain Overlay District, and that necessary permits have been obtained from the State Department of Fish and Wildlife and the Army Corps of Engineers (including a streambed alteration permit, Section 1600, et al.).

J.

Paved Access. In order to prevent the spread of dirt and other materials to public streets, the applicant shall provide a strip of paving at least seventy-five feet long prior to entering the public street at all access points to the property. Should the seventy-five feet of paving prove inadequate to prevent the spread of materials onto public streets, the paving shall be extended or a truck-washing program instituted.

K.

Street Structural Section and Access. The applicant will be required to make any necessary off-site street improvements to ensure that public streets providing access to the operation shall have adequate structural section and design characteristics for the projected vehicle trips created by the mining operation. Additionally, alternative access routes may be required to be constructed if existing access routes pass through residential areas, by schools, or in some other way pass through areas inappropriate for frequent heavy commercial traffic. Required improvements may include, but are not limited to, traffic studies, studies of existing street structural sections, reconstructing public streets, construction of new public streets, and installation of traffic-control devices.

L.

Screening. The entire surface mining area shall be screened from public view in all directions with a solid six-foot-high fence, solid vegetative hedge, or equivalent method approved by the planning commission. Screening is not required from adjacent parcels if they are both designated as "Industrial" or "Heavy Commercial" type development on the city or Shasta County general plan and developed with an industrial or heavy commercial use. Screening shall be consistently maintained such that the screening does not itself become a visual blight.

Additionally, standards contained in Chapter 16.40 of the Redding Municipal Code relating to clearing, grading, fills, and excavation may be applicable to restore and stabilize surface areas.

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

(Ord. No. 2590, § 17, 8-21-2018)

Surface mining operations that annex to the city that are either legal, nonconforming uses or permitted uses by the county at the time of annexation may continue to operate provided that there is not any expansion of the use, that the county use permit clearly defines the physical limits of the operation, and that the county reclamation plan meets the requirements of the county's SMARA ordinance at the time the permit was issued. Expansion would require a use permit issued under the terms of this chapter. If the annexed surface mining operation does not have an approved reclamation plan by the county prior to annexation, then within three months of notice by the city, the operator or owner shall submit a reclamation plan to the city for approval pursuant to this chapter. Failure to submit a plan shall be grounds for revocation of the existing permit or termination of the use by the city.

Where a surface mining operation annexes to the city that has an approved reclamation plan by the county, the approved plan shall be honored by the city as long as the surface mining operation is not expanded. At the time of expansion of a use, the reclamation plan shall be amended and submitted to the city for approval pursuant to this chapter.

Financial assurances must be reviewed annually for adequacy, thus preannexation financial assurances may require modification to meet the standards of this chapter.

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

18.44.050 - Review procedures.

Upon submission of an application for a permit to mine, approval of a reclamation plan, or approval of financial assurances, the following review periods shall apply:

A.

Whenever surface mining operations are proposed in the 100-year floodplain for any stream, as shown in Zone A or Zone AE of flood insurance rate maps issued by the Federal Emergency Management Agency, and within one mile upstream or downstream of any state highway bridge, the city must notify the state department of transportation of such application. The city must wait for response from the state department of transportation, but not more than forty-five days, prior to scheduling the public hearing for the permit. Additionally, such applications shall be reviewed under the terms of Chapter 18.51 of the Redding Municipal Code relating to floodplains.

B.

All reclamation plans and financial assurances and amendments to such plans and financial assurances shall be submitted to the state geologist for review. The city must wait for comments from the state geologist and provide a written response describing the disposition of the major issues raised. Comments

received and responses prepared by the city shall be forwarded to the applicant for review. If the state geologist has not responded within forty-five days of notification, the plans and assurances may be scheduled for public hearing.

C.

The city shall notify the state geologist of the filing of an application for a permit to conduct surface mining operations within thirty days of such an application being filed with the city.

D.

The city shall notify the State Department of Fish and Wildlife, the Regional Air Quality Control Board, and the Regional Water Quality Board of the request to conduct surface mining operations.

E.

The city shall notify the bureau of land management (bureau) of any application to mine on lands within the jurisdiction of the bureau. The city shall not proceed with review of such application until appropriate application has been made to the bureau.

Following completion of the required notification and comment period, the planning department shall review the permit application and the reclamation plan in accordance with the use permit procedures of Chapter 18.14, Use Permits, except that:

1.

A public hearing shall be mandatory for use permit applications that involve a reclamation plan.

2.

Notification shall be by public notice and by mailing to all persons owning property within a distance of not less than one thousand feet from the exterior boundaries of the project.

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

(Ord. No. 2590, § 18, 8-21-2018)

Upon a finding by the city that a supplemental guarantee for the reclamation of the mined land is necessary and upon the determination by the planning department of the cost of the reclamation of the mined land according to the reclamation plan, a surety bond, irrevocable letter of credit, trust fund, or other form of financial assurance adopted by the state board conditioned upon the faithful performance of the reclamation plan shall be filed with the planning department. Such surety shall be executed in favor of the city and the state geologist and reviewed and revised annually as necessary. Such surety shall be maintained in an amount equal to the cost by a third party to complete the remaining reclamation of the site as prescribed in the approved or amended reclamation plan during the succeeding one-year period, or other reasonable term. The revised surety shall account for new lands disturbed by surface mining

operations, inflation (based on the latest rate established by the engineering news record), and reclamation accomplished in accordance with the reclamation plan.

If a mining operation is sold or ownership is transferred to another person, the existing financial assurances shall remain in force and shall not be released by the lead agency until new financial assurances are secured from the new owner and have been approved by the lead agency in accordance with Section 2770 of the California Surface Mining and Reclamation Act of 1975.

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

Reclamation plans, reports, applications and other documents submitted pursuant to this chapter are public records unless it can be demonstrated to the satisfaction of the city that the release of such information, or part thereof, would reveal production, reserves, or rate of depletion entitled to protection as proprietary information. The city shall identify such proprietary information as a separate part of each application. A copy of all permits, reclamation plans, reports, applications, and other documents submitted pursuant to this chapter, including proprietary information, shall be furnished to the district geologist of the state division of mines and geology by the city. Proprietary information shall be made available to persons

other than the state geologist only when authorized by the mine operator and by the mine owner in accordance with Section 2778, California Surface Mining and Reclamation Act of 1975.

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

Within six months of receipt of a surface mining operation's annual report to the state board, submitted pursuant to Section 2207, California Surface Mining and Reclamation Act of 1975, the city shall cause an inspection of the surface mining operation. The inspection shall be conducted by a state-registered geologist, state-registered civil engineer, state-licensed landscape architect, or state-registered forester who is experienced in land reclamation and has not been employed by the mining operation in any capacity during the previous twelve months. The reasonable cost of the inspection shall be the sole responsibility of the operator. The inspection shall be conducted using a form approved by the state board. The inspector shall prepare a report showing:

A.

Verification that the areas of the mine designated as "reclaimed" have been reclaimed to the standards of the approved reclamation plan;

B.

Calculations showing the adequacy of the existing performance bond;

C.

Verification that the mine is in compliance with remaining conditions of the use permit and reclamation plan.

The inspection report cannot be submitted to the state board until the performance bond has been shown to conform to the amount determined by the city to be adequate. Performance bonds exceeding the amount determined by the city to be adequate may be revised to that amount.

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

18.44.090 - Idling of surface mining operations.

A.

Within ninety days of a surface mining operation's becoming idle, as defined in this chapter, the operator shall submit to the lead agency for review and approval an interim management plan. The review and approval of an interim management plan shall not be considered a project within the meaning of Division 13 (commencing with Section 21000). The approved management plan shall be considered an amendment to the surface mining operation's approved reclamation plan for purposes of this chapter. The interim

management plan shall provide measures the operator will implement to maintain the site in compliance with this chapter, including, but not limited to, all permit conditions. The interim management plan may remain in effect for a period not to exceed five years, at which time the city shall do one of the following:

1.

Renew the interim management plan for another period not to exceed five years if the lead agency finds that the surface mining operator has complied fully with the interim management plan;

2.

Require the surface mining operator to commence reclamation in accordance with its approved reclamation plan.

B.

Financial assurances required by this chapter shall remain in effect during the period the surface mining operation is idle. If the surface mining operation is still idle after expiration of its interim management plan, the surface mining operation shall commence reclamation in accordance with its approved reclamation plan.

C.

The review, approval, and appeal process for interim management plans shall be as described in Section 2770(h), California Surface Mining and Reclamation Act of 1975.

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

A.

Amendments to an approved surface mining or reclamation plan may be submitted to the city at any time, detailing proposed changes from the original plan. Substantial deviations from the original plan shall not be undertaken until such amendment has been filed with, and approved by the city.

B.

Amendments to an approved surface mining reclamation plan shall be approved by the same procedure as is prescribed for approval of a reclamation plan.

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

Any person aggrieved by an act or determination of the director in the exercise of the authority granted herein shall have the right to appeal to the planning commission and the city council as the case may be. Any appeal must be filed in writing within ten days after the rendition of the decision.

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

Chapter 18.45 - TREE MANAGEMENT

The city council finds that trees contribute in many ways to the health, safety, and general welfare of all Redding's citizens. Trees, in addition to their aesthetic benefits and temperature moderation, are of benefit to fisheries, riparian habitat, wildlife, energy conservation, and the ecology of the area. However, the city also recognizes that even with the identification, evaluation, protection, and maintenance provisions of this chapter, it may not be possible to preserve all healthy trees within new development projects. Given these recognized contributions and constraints, the intent and objectives of this chapter are to:

A.

Protect and enhance the aesthetic qualities of the community provided by native and nonnative trees;

B.

Promote a healthy and attractive urban landscape as the community grows;

C.

Recognize the importance of trees as a visual and physical buffer;

D.

Preserve the city's valuable natural features;

E.

Require the replacement of trees that are removed, where appropriate;

F.

Establish a program for the planting of trees in new developments;

G.

Protect trees on undeveloped properties until such time as a development plan/building permit is approved.

In order to accomplish the preservation purposes of this chapter, candidate trees, as defined in Chapter 18.61, in the city are afforded special protections. The regulations require that a tree removal permit be obtained for removal of trees on vacant/undeveloped lands in order to ensure that trees can be identified and considered as candidates for preservation during the development process.

(Ord. 2369 § 1 (part), 2006)

Subdivisions and other development projects subject to the provisions of this chapter shall be designed to minimize destruction or damage to trees to be preserved. With development permits for discretionary projects or when a tree(s) exceeding six inches dbh is proposed to be removed when a discretionary permit is not required, a site plan shall be submitted which contains all the elements required by Sections 18.45.050 and 18.45.070.

A

Variances. To achieve the goal of preservation, the city may consider tree preservation as adequate grounds to approve zoning exceptions and variances associated with building setbacks, building separations, parking requirements, and driveway grades if it is determined that: (1) the preservation and retention of a candidate tree outweighs the disadvantages associated with any variance granted to save it; and (2) there is a real expectation that the tree will survive for more than five years as estimated by a qualified professional.

(Ord. 2369 § 1 (part), 2006)

18.45.030 - Permit required.

No tree, regardless of species, that exceeds six inches dbh on any developed or undeveloped/vacant property in the city shall be destroyed, killed, or removed unless a tree removal permit is first obtained under the provisions of this chapter, except as may be permitted pursuant to the terms of Section 18.45.070 (Discretionary permits), or as may be expressly exempted under Section 18.45.040 (Exemptions). (Note: Clearing activities that exceed one acre in area require a clearing permit in accordance with Chapter 16.12 of the Redding Municipal Code.)

(Ord. 2369 § 1 (part), 2006)

18.45.040 - Exemptions.

A.

Removal of a tree upon the order of the city manager, city engineer, development services director, community services director, or a member of the police or fire department if, in his or her determination, the condition of a tree presents an immediate hazard to life or property.

B.

The removal of trees on the following properties or areas:

1.

Developed nonresidential properties less than one acre in area, provided that no trees which have been specifically designated on the landmark and heritage trees plan (RMC Chapter 13.40) or which have been required to be preserved under the terms of the discretionary approval of a development project shall be removed;

2.

Undeveloped nonresidential properties less than one acre in area, where a valid building permit has been issued for a "principal building," provided that no tree designated on the landmark and heritage tree plan (RMC Chapter 13.40) or which has been required to be preserved under the terms of the discretionary approval of a development project, shall be removed;

3.

Developed residential properties which have been developed to the maximum density allowed by the zoning of the property, provided that no trees which have been specifically designated on the landmark and heritage tree plan (RMC Chapter 13.40) or which have been required to be preserved under the terms of a discretionary approval of a development project shall be removed;

4.

Undeveloped residential properties less than one acre in area, where a valid building permit has been issued for construction of a "principal building(s)," provided that such construction will result in development for the maximum density allowed by the base zoning district and that no tree designated on the landmark and heritage tree plan (Chapter 13.40 of this code) or that has been required to be preserved under the terms of the discretionary approval of a development project, shall be removed;

5.

Airport clear zones.

C.

Removal or cutting of trees within utility rights-of-way which may be deemed necessary in the opinion of a public utility to comply with applicable safety regulations, to prevent potential future interruption of service, to repair damage to facilities, or to restore interrupted service.

D.

Removal of trees on property owned by the federal government, the state of California, the county of Shasta, or any school or special district.

E.

Removal of trees when determined necessary by the fire department while engaged in firefighting in order to prevent the spread of fire or prevent a dangerous situation to life or property.

F.

Street trees covered by Chapter 13.40 of the Redding Municipal Code which are approved for removal by the recreation and parks commission.

G.

The removal of a tree which a qualified professional has determined to be unhealthy or, because of its characteristics, a danger to life or property. In such case, the opinion of the qualified professional shall be made available to the director prior to removal of the tree(s).

(Ord. 2369 § 1 (part), 2006)

A.

Except as provided for in Section 18.45.070 (Discretionary projects), any property owner desiring to kill, destroy, or remove (hereafter referred to as "remove") one or more trees that exceed six inches dbh on any parcel of land not exempted by this chapter shall file an application for a tree removal permit with the director and pay the necessary fee as established by resolution of the city council.

Said application shall be on a form prescribed by the director and shall contain the following information: (1) the number, species, size, and location of each tree to be removed; (2) the location of existing or proposed structures; (3) a brief statement of the reason for removal; (4) the signature of the property owner authorizing such removal; and (5) any other pertinent information the director may require, which may include a detailed report prepared by a qualified professional regarding the size; health; condition; and, for large sites, the general characteristics of trees proposed to be removed and those that will be retained on the site. The director may use this information to determine if adequate effort has been made to retain candidate trees that may be on the site.

B.

The permit, if granted, shall entitle the property owner to remove only the trees approved for removal by the permit. Prior to the issuance of such permit, the director or his or her representative shall visit and inspect the property, the trees in question, and the surrounding area and shall ascertain whether or not the trees may be cut down or removed.

C.

The director or his or her designated representative may grant the permit if the removal of the trees will not affect soil stability, surface-water quality, riparian habitat, or fisheries and one or more of the following findings is made:

1.

The condition of the trees, with respect to disease, form, general health, damage, public nuisance, danger of falling, proximity to existing structures, interference with utility services, good forestry practices, or damage to existing sidewalks and driveways, warrants their removal.

2.

The preservation of the trees unreasonably restricts the economic potential or use of the property upon which the trees are situated and/or the director determines that sufficient effort has been made to save other candidate trees that may be on the site.

3.

The development has been designed such that suitable land will be set aside in an open-space easement which will (1) preserve as many trees as are proposed to be removed, particularly trees that could be classified as candidate trees; or (2) be particularly suitable for the planting and/or natural regeneration of trees. The set-aside area shall be in addition to any area classified as "Greenway" under the policies of the Redding general plan.

D.

The director shall deny any permit to remove a tree that is listed on the landmark or heritage tree plan established by Chapter 13.40, except as may be specifically authorized by that chapter.

E.

The director may require replanting of trees at appropriate locations on the property or off-site location to replace those that will be removed. The size and number of trees to be replanted shall be at the discretion of the director, but shall bear a reasonable relationship to the value, size, type, and similar considerations as the tree approved for removal.

(Ord. 2369 § 1 (part), 2006)

18.45.060 - Tree removal provisions.

A permit issued under Section 18.45.030 shall be valid for a period of six months from the date of issuance. One extension of time may be granted, not to exceed an additional six months, by the person or body who approved the permit for which an extension is requested.

A.

It shall be the responsibility of the person removing any tree as authorized by the tree removal permit, under this chapter, to have the tree permit and a copy of the conditions of approval imposed by the approving body at the tree removal site.

B.

The permit and any conditions of approval granted by the approving body shall entitle the applicant to remove only the tree or trees approved for such action.

C.

Before the start of any clearing, excavation, construction, or other work on the site, every tree designated for removal on the approved site plan that is outside the proposed right-of-way or easement areas shall be clearly marked in the field in a manner required by the director. A plan shall be established for the removal

and disposal of brush, earth, and other debris (1) to avoid injury to any tree not approved for removal; or (2) to prevent spillage of mud or debris on city streets.

(Ord. 2369 § 1 (part), 2006)

A.

Permit Application. An application for a discretionary project shall also be considered an application for tree removal in those instances where trees will be affected by the development.

B.

Project Design and Tree Preservation. Where all identified candidate trees cannot be preserved, the design of the development should address preservation of the most desirable and significant of the healthy candidate trees, particularly stands of such trees, and the developer is expected to utilize creative landplanning and construction techniques to achieve this end. The set-aside of a natural area or areas within a project site that is particularly suitable for the planting, retention, and/or natural regeneration of trees is considered to be a desirable means of accomplishing the goals of this chapter. Set-aside areas shall be in addition to any area classified as "Greenway" under the policies of the Redding general plan.

Project design shall recognize the desirability of preserving trees. An analysis of trees on the site shall be undertaken to determine those which are to be considered candidate trees unless waived by the director based on the characteristics of the site, and plans for grading and infrastructure improvements shall reflect this consideration. While each individual site will dictate the level of analysis based on such considerations as the size of the site, the number of candidate trees, opportunities for preservation, etc., the following establishes the basic process for assessment of candidate trees and stands of trees on a site. This information will provide a basis to consider potential development designs that will preserve those trees.

1.

Tree Identification and Evaluation.

a.

Initial Mapping. Candidate trees and groups of trees as defined in Chapter 18.61, within the boundaries of proposed project but outside of areas classified as "Greenway," shall be identified on a map. Aerial photographs accompanied by surveys and/or ground reconnaissance should be used for this mapping. The scale and detail of mapping should be commensurate with the size of the site as determined appropriate by the city. On sites with development envelopes greater than five acres and, at the discretion of the director, a qualified professional as identified in Chapter 18.61 shall consult with development services department staff to determine the appropriate mapping detail. The choice of whether a complete inventory or a sample is performed should be based on the size of the site, number of trees involved, and uniformity of tree conditions (e.g., species, size, health, etc.).

b.

Evaluation. A qualified professional shall provide an overall qualitative evaluation of trees on the site. Evaluation criteria may include:

i.

Species;

ii.

Size (estimated or measured diameter and height);

iii.

Health and vigor, including external signs of defect or disease;

iv.

Aesthetic quality as determined by shape, branching and color;

v.

Ecological quality as determined by evidence of wildlife use, grove size, adjacency to water or connectivity to other habitats;

vi.

Potential hazards posed by dead branches or tops, lean or defect;

vii.

Location relative to existing or potential development and the ability to provide sufficient growing space;

viii.

Other considerations including local significance and functional role as a buffer between land uses.

The evaluation shall include a summary recommendation regarding those trees or groups of trees most appropriate for protection. The summary may take the form of text, map, or a combination of text and map as determined appropriate by the qualified professional.

C.

Designation of Preserved Trees. After determining the trees or groups of trees that will be preserved based on the mapping and evaluation process outlined above, a map and tree list shall be provided as part of the discretionary permit application materials and shall include an overlay showing the location of preserved trees and the proposed development. It shall include the following information with sufficient detail for evaluation by the body approving the discretionary permit:

1.

Tree or grove designated for preservation, outside of areas classified as "Greenway" in the general plan;

2.

Tree or grove where preservation is not proposed, along with a justification for removal, provided by the project applicant.

D.

Protection During Construction/Long-Term Protection and Maintenance. Project proponents shall prepare a plan for ensuring that trees designated for preservation are not damaged during construction and will be adequately protected in the long term. The plan, prepared by a qualified professional shall include tree protection measures for all trees or groups of trees where grading, fill, building, utility installation, redirection of natural drainage to or away from trees to be preserved, or similar activities will occur within a minimum distance extending:

1.

Six feet out from the perimeter of the crowns of large, mature trees unless a greater distance is warranted in the opinion of the qualified professional;

2.

Six feet from the perimeter of their estimated crowns at maturity in the case of smaller trees.

The qualified professional shall also specify appropriate construction protection measures, such as:

1.

Provisions for flagging and protective fencing;

2.

Equipment exclusion zones;

3.

Grading exclusion zones;

4.

Long term maintenance recommendations.

The approving entity for the permit, when approving development plans, shall determine the adequacy and appropriateness of the proposed tree protection plan as provided above. The approved discretionary permit and related materials will constitute a tree protection plan, and those trees designated to be saved shall be considered preserved trees. In addition to the tree plan, the approving entity may require such measures as necessary to ensure that the preserved trees are not involuntarily removed in the future. This shall include, but not necessarily be limited to, requiring land to be placed in open-space easements or requiring that deed restrictions be placed on private property which will prohibit the removal of a tree(s).

E.

Project Denial. The application may be denied or the project modified if: (1) the plan is inconsistent with the city's policy of tree preservation; and (2) insufficient evidence is shown that tree preservation has been considered in the design of the project. Modifications of project design may include, but not be limited to: relocation of proposed streets and easements; relocation of proposed lot lines; reduction of the number of lots/building areas proposed in the development; the use of stem wall construction techniques; or other appropriate measures.

F.

Improvement Plans. Subsequent to project approval, improvement plans shall be submitted to the city for approval that shall depict the location of all trees that have been required to be preserved and shall be reviewed in the context of any tree protection measures recommended by the qualified professional.

G.

Appeals. Appeals of conditions and/or requirements imposed on a development project by the approving authority shall utilize the procedures set forth in Section 18.11.090 (Appeals) of the Redding Municipal Code.

(Ord. 2369 § 1 (part), 2006)

A.

Before the start of any clearing, excavation, construction, or other work on the site, the recommendations of the qualified professional pertaining to tree identification, flagging, fencing, or similar items shall be in place and a pre-construction meeting held with the contractor and city staff to review any tree protection measures required.

(Ord. 2369 § 1 (part), 2006)

The director shall prepare and make available to the public "Guidelines for Tree Protection." The guidelines will not replace or supplement the construction standards of Section 18.45.100, but will provide basic information that will be useful in protecting trees during and after construction.

(Ord. 2369 § 1 (part), 2006)

It has been determined that trees within the city are valuable assets to the community and that the public should be compensated for the loss of trees which occurs in violation of this chapter. The removal or killing of any protected tree in violation of the terms of this chapter shall be punishable by either, or a combination of, the following means at the discretion of the city:

A.

Pay a fine of up to two thousand dollars per tree for the unauthorized removal or damage to trees.

B.

Provide and plant replacement trees of a number and size required by the city and thereafter maintain said trees in a live and healthy condition for a period of three years.

C.

Prohibit further development of the property, other than corrective action measures, for a period of up to two years from the date notice of the violation is given by the city.

The penalty shall be determined by the director; however, appeals of his or her decision shall be available as specified in Section 18.11.090 (Appeals) of this code.

In instances where unlawful tree removal occurs on a developed parcel of land, the violator may seek relief from the above penalty by making application for tree removal as specified in Section 18.45.050 and making payment of twice the application fee. The city reserves the right to approve the permit subject to any or all of the above conditions as circumstances may dictate.

(Ord. 2369 § 1 (part), 2006)

Nothing in this chapter shall be deemed to impose any liability for damages or a duty of care and maintenance upon the city or upon any of its officers or employees. The person in possession of any public property or the owner of any private property shall have a duty to keep the trees upon the property and under his or her control in a safe, healthy condition.

(Ord. 2369 § 1 (part), 2006)

The following tree planting provisions shall apply to all new construction and to those parcels which have been granted a tree removal permit. The trees shall be planted prior to the issuance of an occupancy permit in those instances where planting is in conjunction with construction under a valid building permit.

A.

Residential Development. One fifteen-gallon tree shall be planted for every five hundred square feet of enclosed gross living area, two of which shall be planted in the front yard. At least one of the trees must be planted within seven feet of the sidewalk or otherwise required by a tree planting plan established with approval of the development.

B.

Commercial Development (Retail, Office, Heavy Commercial Uses). One fifteen-gallon tree shall be planted for every one thousand square feet of gross floor area or covered space.

C.

Industrial Development. One fifteen-gallon tree shall be planted for every two thousand square feet of gross floor area or covered space.

Where the number of trees required to be planted under this section differs from the number required to be planted by Chapters 13.40 and 18.41, Off-Street Parking and Loading, of the Redding Municipal Code (if applicable), the higher number shall apply. If the number of trees required above contains a fraction, such number shall be increased to the next highest whole number. Each existing, preserved tree on a parcel may be counted as two trees for the purpose of the above planting requirements; however, this credit shall not reduce the number of trees required by Chapter 13.40 or 18.41 of the Redding Municipal Code applicable to the project except as may be provided for in those code sections.

(Ord. 2369 § 1 (part), 2006)

The property owner or his or her successors-in-interest shall be responsible thereafter for the care and maintenance of trees required to be planted under this chapter in a live and healthy condition. The replacement of trees that may die or otherwise be destroyed is explicitly a requirement of this chapter. The removal of dead wood, branches, or trees is the responsibility of the property owner upon whose property the tree originates.

(Ord. 2369 § 1 (part), 2006)

Developed parcels which do not meet the tree planting requirements of this chapter, shall be required to meet the tree planting requirements of this chapter with the issuance of a building permit for any new construction on the property that is greater than fifteen percent of the existing gross floor area, unless an exception to this requirement is granted by the director based on a finding that conforming to the tree planting requirements of this chapter is physically impossible given the way the parcel is developed. If the planning commission can make that finding, it may approve planting fewer trees than this chapter would require for the developed parcel based on what the planning commission feels is physically possible for the property.

(Ord. 2369 § 1 (part), 2006)

Chapter 18.46 - NONCONFORMING USES, STRUCTURES, SITES AND PARCELS

This chapter establishes uniform provisions for the regulation of legal nonconforming uses, structures, sites and parcels. Within zoning districts established by this code, there exist structures, land uses, site improvements, and parcels that were lawful prior to the adoption of this code, but which would be prohibited, regulated, or restricted differently under the use regulations and development standards of this code or future amendments. It is the intent of this chapter to discourage the long-term continuance of nonconformities that have resulted, or can be expected to result in conflicts with surrounding conforming land uses, providing for their eventual elimination, but to permit other nonconformities to exist under limited conditions outlined in this chapter. This chapter also recognizes that the investments made in developed

property can be substantial and that provisions for continuation of certain nonconforming uses may be desirable, particularly if it can be assured that the use does not negatively impact adjacent properties. Further, this chapter provides for the improvement of nonconforming structures and properties to reduce the blighting influence that can occur if abandoned structures cannot be reused for their designed purposes.

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

(Ord. No. 2521, § 2, 4-7-2015)

18.46.020 - Nonconforming uses.

A.

Continuation. Legal nonconforming uses, including uses lacking permits or other entitlements, may be continued provided that such use shall not be materially modified or intensified or be expanded to occupy a greater area than that occupied by the use at the time it became nonconforming, unless a site development permit is approved by the board of administrative review (BAR) in accordance with Chapter 18.13, Site Development Permits, of the Zoning Code.

B.

Abandoned. If the legal nonconforming use ceases for a continuous period of twelve months, it shall be considered abandoned, and the subsequent use of the land shall be in conformance with the regulations specified by this title for the district in which the land is located unless a site development permit is granted in accordance with Chapter 18.13, Site Development Permits, of the Zoning Code.

C.

Damage or Destruction. If the use of a legal conforming structure associated with a nonconforming use is caused to cease through damage or destruction by fire or other cataclysmic occurrence to an extent of more than fifty percent of the replacement value thereof, the subsequent use of the land shall be in conformance with the regulations specified by this code for the district in which the land is located, unless a site development permit (BAR) is granted to continue the nonconforming use in accordance with Chapter 18.13, Site Development Permits, of the Zoning Code, except that residential uses may be reestablished provided that reconstruction does not increase any previously existing nonconforming site conditions or increase the number of dwelling units on a site; see Sections 18.46.060 (Residential structures in office, commercial), and 18.46.070 (Nonconforming multiple-family dwellings) of this chapter.

D.

Change of Use. Legal nonconforming uses may be permitted to be changed to a different nonconforming use provided that the new use is of the same or a less intensive nature and provided that in each case a site development permit approved by the board of administrative review shall first be obtained.

Exceptions. No nonconforming use that involves the storage, use or generation of hazardous materials, presses, products, or wastes or other activity that may be detrimental to public health or safety because of the potential to generate dust, glare, heat, noise, noxious gases, odor, smoke, vibration, or other conditions that would be incompatible with surrounding uses may be substituted for an existing nonconforming use even if the use is of the same or less intensive nature.

(Ord. 2381 § 13, 2007: Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

(Ord. No. 2521, § 2, 4-7-2015; Ord. No. 2560, § 1, 12-20-2016)

18.46.030 - Nonconforming structures.

A.

Continuation. Legal nonconforming structures may remain provided that such structure shall not be enlarged or altered so as to increase the discrepancy between existing conditions and the development regulations and type of conforming structure typical of the zoning district in which it is located, unless a site development permit is approved by the BAR, in accordance with Chapter 18.13, Site Development Permits, of the Zoning Code.

B.

Abandoned. If a legal nonconforming structure remains vacant for a continuous period of twelve months, it shall be considered abandoned and shall thereafter be removed or converted to a conforming structure with a conforming site and use unless a site development permit (BAR) is granted in accordance with Chapter 18.13, Site Development Permits, of the Zoning Code. The presumption of abandonment may be rebutted upon a showing, to the satisfaction of the director, and appealable to the BAR that during such period, the owner of the structure: (1) has been maintaining it and did not intend to discontinue the use; and (2) has been actively marketing the structure for sale or use; or (3) has been engaged in other activities evidencing an intent not to abandon the use.

C.

Damage or Destruction. If a legal nonconforming structure is damaged or destroyed by fire or other cataclysmic occurrence, to an extent of more than fifty percent of the current replacement cost, as estimated by the director, it may not be restored except in full compliance with the regulations for the zone in which it is located, unless a site development permit (BAR) is granted in accordance with Chapter 18.13, Site Development Permits, of the Zoning Code.

1.

Exceptions: See Section 18.46.060 (Residential structures in office, commercial or industrial zones) and Section 18.46.070 (Nonconforming multiple-family dwellings) of this chapter.

D.

Maintenance, Repairs and Rehabilitations. Ordinary maintenance and repairs may be made to any legal nonconforming structure.

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

(Ord. No. 2521, § 2, 4-7-2015; Ord. No. 2560, § 2, 12-20-2016)

A.

Continuation. Legal uses or structures on legal nonconforming sites may continue provided that if the use or structure on the nonconforming site is enlarged, increased, or intensified, it does not increase the nonconformity or introduce a new nonconformity. Exception: an existing structure with a nonconforming corner side yard setback of not less than ten feet may be enlarged such that the length of the encroachment is increased. Such enlargement shall not encroach closer to the street property line than that of the existing structure.

B.

Abandoned. If the use of a legal nonconforming site ceases for a continuous period of twelve months, it shall be considered abandoned, and the subsequent use of the land shall require site modifications to be made to bring the site into conformance with the regulations specified by this title for the district in which the land is located unless a site development permit (BAR) is granted in accordance with Chapter 18.13, Site Development Permits, of the Zoning Code.

C.

Damage or Destruction. If a legal conforming structure on a legal nonconforming site is damaged or destroyed by fire or other cataclysmic occurrence, to an extent of more than fifty percent of the replacement value thereof, the restoration of such structure and site shall be in full compliance with the requirements of this title unless a site development permit (BAR) is granted to continue the nonconformity in accordance with Chapter 18.13, Site Development Permits, of the Zoning Code; or for residential structures, the provisions of Section 18.46.060 (Residential structures in office, commercial) or Section 18.46.070 (Nonconforming multiple-family dwellings) of this chapter, apply. The BAR will consider the request in light of existing neighborhood characteristics, particularly the prevalence of similar nonconformities in the area.

D.

Change of Use. Uses on legal nonconforming sites may be changed to a different use without bringing the site into compliance with this code provided that the degree of nonconformity is not increased.

1.

Exceptions:

a.

Any nonconforming signage on the property shall be brought into compliance with this code.

b.

Any discretionary permit required for the increase in the floor area of a principal building on a site by twenty percent or more shall address existing nonconformances on the site, including, but not limited to, lack of screening of mechanical or other equipment; required landscape; lack of curb, gutter or sidewalk; and/or nonconformances that have adverse impacts to adjacent properties. The approving authority may establish a schedule for elimination of the nonconformances and may also determine those nonconformances that need not be remedied because the location of existing structures or the configuration of the site make it infeasible.

E.

Maintenance, Repairs and Rehabilitation. Ordinary maintenance and repairs may be made to any legal structure or appurtenances on a nonconforming site provide that the work does not create greater nonconformances on the site.

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

(Ord. No. 2521, § 2, 4-7-2015; Ord. No. 2560, § 3, 12-20-2016)

18.46.050 - Reserved.

Editor's note— Ord. No. 2521, § 1, adopted Apr. 7, 2015, repealed § 18.46.050, which pertained to reestablishment of abandoned nonconforming uses, structures or sites. For a complete history of § 18.46.050 see the Code Comparative Table.

18.46.060 - Residential structures in office, commercial or industrial zones.

A.

Continuation. Nonconforming residential structures in an office, commercial or industrial zone may be continued as a residential use provided that no increase in the number of dwelling units or increase greater than fifty percent in the usable floor area occurs. Such residential uses are not subject to abandonment as provided elsewhere in this chapter.

B.

Use Ceased by Involuntary Damage or Destruction. Nonconforming residential uses destroyed by fire or other cataclysmic occurrence may be reestablished provided that:

1.

Reconstruction is consistent with building setback, height, and other development regulations of the district provided that if the building setbacks of the original structure did not conform to district regulations, the nonconforming setbacks may be maintained, but not expanded;

2.

The use will not be detrimental to residents of the structure as determined by the director;

A building permit for reconstruction is issued within twenty-four months of destruction.

If these standards cannot be met, a new residence may be reestablished subject to approval of a site development permit by the director.

C.

Use Ceased by Voluntary Demolition. Nonconforming residential uses voluntarily demolished for the purpose of reconstructing a new residence may be reestablished subject to approval of a site development permit by the director and provided that:

1.

Reconstruction is consistent with building setbacks, height and other development regulations of the district;

2.

The use will not be detrimental to the residents of the structure as determined by the director;

3.

Approval of the site development permit is sought prior to demolition of the existing structure(s).

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

(Ord. No. 2428, § 12, 1-20-2009; Ord. No. 2521, § 2, 4-7-2015)

18.46.070 - Nonconforming multiple-family dwellings.

Multiple-family dwellings or dwelling groups (two or more attached or detached dwelling units on a lot) exceeding the allowable density of the district in which they are located that are involuntarily damaged and/or destroyed may be rebuilt with the same number of dwelling units provided that the following conditions are met:

A.

Two to Four Dwelling Units. Preexisting site nonconformances shall not be increased beyond those existing prior to destruction of the dwelling(s).

B.

Five or More Dwelling Units. Rebuilding conforms to the parking, height, setback, open-space, and other provisions of this code. A site development permit is required if these standards cannot be met, but in no case shall any site nonconformities be increased beyond those that existed prior to destruction of the dwelling(s).

C.

A building permit for reconstruction is issued within twenty-four months of destruction. To facilitate implementation of the policies of the housing element of the general plan, multiple-family dwellings or dwelling groups exceeding the allowable density of a district in which they are located may be substantially reconstructed or may be voluntarily destroyed and rebuilt if such action is authorized under a City of Redding housing program for ownership or rental by persons of low or moderate income or if a site development permit is approved by the director for reconstruction of the units. The provisions of subsection A or B of this section shall be met for any reconstruction.

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

(Ord. No. 2521, § 2, 4-7-2015)

18.46.080 - Nonconforming parcels.

A nonconforming parcel of record that does not comply with the access, area, or width requirements of the zoning district in which it is located shall be considered to be a legal building site if it meets one of the criteria specified by this section. It shall be the responsibility of the applicant to produce sufficient evidence to establish the applicability of one or more of the following:

A.

Approved Subdivision. The parcel was created through a recorded subdivision map, or a certificate of compliance has been issued.

B.

Individual Parcel Legally Created by Deed. The parcel is under one ownership and of record and was legally created by a recorded deed prior to the effective date of the land-use regulation that made the parcel nonconforming.

C.

Variance or Lot Line Adjustment. The parcel was approved through the variance procedure (Chapter 18.16, Variances) or resulted from a lot line adjustment in compliance with Title 17 (Subdivisions) of the Redding Municipal Code.

D.

Partial Government Acquisition. The parcel was created in compliance with the provisions of this code, but was made nonconforming when a portion of the parcel was acquired by a governmental entity.

Where structures have been erected on a nonconforming parcel, the area where structures are located shall not be later divided so as to reduce the building site area, setbacks, and/or frontage below the requirements of the applicable zoning district or other applicable provisions of this code or in any way that makes the use of the parcel more nonconforming.

Exception: Duplex and multiple-family parcels made nonconforming as to area and/or width by adoption of this code and the zoning map changed their zoning from "U" Unclassified, "R-2" or "R-3" to the "RM"

district. Such parcels may be further divided if the division is consistent with all of the following:

A.

At least fifty percent of the lots on the block of the subject parcel are nonconforming as to area and frontage.

B.

After division, the resulting parcels have the following minimum characteristics:

1.

Interior lots—minimum area of six thousand square feet and minimum width of sixty feet.

2.

Corner lots—a minimum area of seven thousand square feet and a minimum width of seventy feet.

3.

The resultant lots will be of generally equivalent size and width as the predominant lots in the surrounding block.

C.

No more than one additional lot is created.

D.

The residential density established by the zoning of the property would not be exceeded if an additional residence was constructed on either of the lots, considering the total lot area prior to the division.

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

Any lawful use existing at the time of adoption or amendment of this code in a zoning district that allows the use subject to the granting of a site development permit or use permit shall be deemed a legal conforming use for purposes of this chapter. Any expansion or change in the intensity of the use requires a site development permit or use permit as required by this code.

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

(Ord. No. 2521, § 2, 4-7-2015)

18.46.100 - Previous permits in effect.

Any use in existence by virtue of a permit issued in compliance with the regulations in effect at the time of application for any land-use activity which, under the new regulations is not allowable, may continue, but only in compliance with the provisions and terms of the original permit.

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

18.46.110 - Unlawful structures and uses.

Structures and uses that did not comply with the applicable provisions of this code or the regulations in effect when the structures or uses were established are violations of this code. No right to continue occupancy of property containing an illegal structure or use is granted by this chapter.

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

(Ord. No. 2521, § 2, 4-7-2015)

18.46.120 - Nuisance abatement.

In the event that a legal nonconforming structure or use is found to constitute a public nuisance, appropriate action may be taken by the city in compliance with Chapter 1.15, Abatement of Properties, Buildings and Conditions, of the Redding Municipal Code.

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

(Ord. No. 2584, § 16, 3-20-18; Ord. No. 2590, § 19, 8-21-2018)

Chapter 18.47 - LANDSCAPE STANDARDS[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 2530, § 3, adopted July 21, 2015, amended Ch. 18.47 in its entirety to read as herein set out. Former Ch. 18.47, §§ 18.47.010—18.47.050, pertained to similar subject matter, and derived from Ord. 2301, § 3(Att. A), adopted 2002; Ord. 2310, § 3, adopted 2003; and Ord. 2343, § 2, adopted 2005.

18.47.010 - Purpose.

The purpose of this chapter is to achieve the following:

A.

Maintain and increase the value of land and enhance the aesthetic appearance of all development throughout the City of Redding by providing standards related to the quality and functional aspects of landscape;

B.

Increase compatibility between abutting land uses and public rights-of-way by providing landscape screening and buffers;

C.

Improve the urban environment and promote public health, safety and welfare by preserving and enhancing the positive visual experience of the built environment, providing appropriate transition between different land uses, preserving neighborhood character, and enhancing pedestrian and vehicular traffic and safety;

D.

Improve water quality and hydrology by implementing low impact design (LID) measures;

E.

Assist in mitigating air quality impacts by reducing or absorbing pollutants, especially by preserving existing or adding new trees; and

F.

Reduce heat absorption and radiation created by large expanses of paving.

(Ord. No. 2530, § 3, 7-21-2015)

A.

All new development, including additions which increase the floor area of a main building by twenty percent or more, shall provide and maintain landscape in compliance with the provisions of this chapter. In addition, new development or redevelopment plans shall be in compliance with Chapter 14.19 (Stormwater Quality Management and Discharge Control) which may include low impact development design standards and hydromodification measures. Single-family dwellings and duplexes are exempt from Chapter 18.47 but not from Chapter 14.19.

B.

The maintenance section of this chapter shall be applicable to any existing landscape which was required to be installed in accordance with a development permit or any specific zoning requirements contained in this Code.

C.

Landscape shall not be installed until the applicant receives approval of the final landscape plan. Any changes to the approved landscape plans that affect the character or quantity of the plant material or irrigation system design are required to be resubmitted for approval prior to installation.

(Ord. No. 2530, § 3, 7-21-2015)

18.47.030 - Definitions.

For the purpose of this chapter, the following words shall have the meanings set forth below:

"Establishment period of the plants." The first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth.

"Hydromodification." Modification of hydrologic pathways (precipitation, surface runoff, infiltration, groundwater flow, return flow, surface-water storage, groundwater storage, evaporation and transpiration) that results in negative impacts to watershed health and functions.

"Infiltration rate." The rate of water entry into the soil expressed as depth of water per unit of time (e.g., inches per hour).

"Landscape architect." A person who holds a license to practice landscape architecture in the State of California (Business and Professions Code Section 5615).

"Landscape contractor." A person licensed (with a valid C-27 license) by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems.

"Low impact development (LID)." LID is an approach to land development (or re-development) that manages stormwater as close to its source as possible and treats stormwater as a resource rather than a waste product. Bio-retention facilities, rain gardens, vegetated rooftops, rain barrels, and permeable pavements adhere to LID principles. LID practices manage stormwater in a way that reduces the impact of built areas and promotes the natural movement of water within an ecosystem or watershed.

"Mulch." Any organic material (such as leaves, bark, or straw) or inorganic mineral materials (such as rocks, gravel, and decomposed granite) left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.

"Project applicant." The individual or entity submitting a landscape documentation package to request a permit, plan check, or use permit from the city. A project applicant may be the property owner or his or her designee.

"Runoff." Water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or where there is a slope.

"Turf." A groundcover surface of mowed, irrigated natural grass.

"Water feature." A design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied).

(Ord. No. 2530, § 3, 7-21-2015; Ord. No. 2590, § 20, 8-21-2018)

18.47.040 - Landscape plan requirements.

A.

Landscape Plan. A landscape plan shall be submitted as part of the application for a building permit as specified in Section 18.47.020 or at any other time that may be required by the condition of a site development permit, use permit, or planned development. All landscape plans shall include a table or other delineations demonstrating that minimum landscape area required by Schedule 18.47.050-A is satisfied. The landscape plan shall also be in compliance with Subdivision (D) of Section 16.70.050.

The landscape plan shall be prepared by a registered landscape architect; a landscape contractor for work to be performed by the contractor; and irrigation consultant for irrigation design; a licensed nursery person only in connection with selling stock and related products; a licensed architect or engineer as long as the work undertaken is not entirely landscape architecture; or other qualified person as defined by the California Business and Professions Code.

B.

Review and Approval. The development services department shall review each conceptual landscape plan and final landscape plan to verify its compliance with the provisions of this chapter and Section 16.70.050. The development services director ("director") may approve the submittal in compliance with this chapter

or may disapprove or require changes to a submittal that is not in compliance. The director may refer approval of final landscape plans associated with an approved use permit to the board of administrative review or planning commission.

(Ord. No. 2530, § 3, 7-21-2015)

All landscape improvements shall be installed in accordance with the city landscape installation guidelines adopted by the planning commission. Landscape shall be provided in the locations described in this chapter in addition to any areas required by Division III, Base District Regulations and Division V, Overlay District Regulations, of this title.

A.

General Requirements. Landscape shall be provided as follows:

1.

Setbacks. In general, the setback areas required by this Code shall be landscaped, except where a required setback is occupied by a sidewalk, driveway, or access easement or where a required setback is screened from public view and it is determined by the director that landscape is not necessary to fulfill the purposes of this chapter.

2.

Unused Areas. All disturbed areas of a building site not intended for a specific use or purpose, including pad sites in shopping centers held for future development, shall be landscaped (may be hydroseeded) unless it is determined by the review authority that landscape is not necessary to fulfill the purposes of this chapter.

3.

Parking Areas. Parking areas and their associated landscape required by Chapter 18.41 (Off-Street Parking and Loading) of this title, shall not count toward meeting the landscape requirements of this chapter.

4.

Public Right-of-Way. The area between the curb, or curb and sidewalk if contiguous, and the property line shall be landscaped. This area shall not be counted in the overall required percentage of landscape.

B.

Specific Office and Commercial Zone Landscape Requirements. New development shall be designed, constructed, and maintained with landscape of the minimum area shown in Schedule 18.47.050-A based on the zoning district applicable to the site and the gross floor area of building on a site. These landscaped areas typically will consist of building foundation planting, landscape elements in plazas and outdoor gathering areas, and other accent planting, although additional landscaped area may augment the minimum landscape area for parking lots required by Chapter 18.41 (Off-Street Parking and Loading) of this title. The director, board of administrative review, or planning commission may require additional landscape to ensure consistency with the policies of the general plan.

Schedule 18.47.050-A

Minimum Landscaped Area by Zoning District

Notes:

1.

The above minimum landscaped areas are in addition to that required to meet the minimum parking lot landscape and landscape within the street right-of-way, where applicable, as required by Chapter 18.41 (Off-Street Parking and Loading) of this title.

2.

Up to thirty percent of the landscape required may be in the form of hardscape associated with public plazas, water features, and similar unique project elements. The director may approve a zoning exception to exceed this limitation, where, in his or her opinion, the intent of this chapter is met.

In addition, minimum landscape areas shall be in compliance with Chapter 14.19 (Stormwater Quality Management and Discharge Control).

(Ord. No. 2530, § 3, 7-21-2015)

Landscape areas and materials shall be designed, installed, and maintained as provided by this section.

A.

General Design Standards. The following features shall be incorporated into the design of the proposed landscape and shown on required landscape plans:

1.

Landscape shall be planned as an integral part of the overall project design.

2.

Implementing stormwater best management practices into the landscape grading design plans to minimize runoff and to increase on-site retention and infiltration are encouraged and may be required for the site to be in compliance with Chapter 14.19, Stormwater Quality Management and Discharge Control, and Chapter 16.70, Water Efficient Landscape.

3.

Landscape shall be provided throughout parking areas in compliance with Chapter 18.41, Off-Street Parking and Loading, and Chapter 16.70, Water Efficient Landscape.

4.

Street frontage landscape shall include a minimum of one fifteen-gallon tree for every thirty feet of frontage. The director may approve alternate tree spacing if underground infiltration is proposed.

B.

Plant Material Limitations. Plant materials shall be selected and installed to comply with the following requirements:

1.

All landscape plantings shall be of sufficient size and intensity so that a finished appearance and plant maturity (except trees and large shrubs) can be attained in a three-year time frame. The director may approve an alternate timeline in LID stormwater management areas.

2.

Trees and shrubs shall be planted so that at maturity they do not interfere with service lines and sightdistance areas.

3.

Trees planted near public sidewalks or curbs shall be of a species and installed in a manner which prevents physical damage to sidewalks, curbs, gutters, electric utilities, and other public improvements.

4.

Groundcover shall be of live plant material unless irrigation is not permissible due to soil and/or groundwater contamination issues. Gravel, colored rock, walk-on bark, and similar materials shall be used in combination with a living groundcover in all non-turf areas as a mulch to control weeds and conserve or retain water until a living groundcover has achieved full coverage. The director may approve alternate designs in LID stormwater management areas.

(Ord. No. 2530, § 3, 7-21-2015; Ord. No. 2590, § 21, 8-21-2018)

All landscape projects which are subject to Redding Municipal Code Section 16.70.030 shall submit a complete Landscape Documentation Package prior to building permit issuance, followed by the submittal of a Landscape Certificate of Completion upon completion of the installation of the approved landscape and irrigation systems.

(Ord. No. 2530, § 3, 7-21-2015; Ord. No. 2590, § 22, 8-21-2018)

Prior to issuance of a certificate of occupancy, the landscape installation shall be approved by the development services director.

In the event the developer/owner cannot install the required landscape due to seasonal or weather conditions or other extenuating circumstances, a certificate of occupancy may be issued by the building official when the director determines all of the following are in evidence:

A.

Installation of the required landscape has commenced and is progressing as weather permits.

B.

The developer/owner is under contract with a landscape contractor or other responsible party for completion of the required landscape.

C.

Occupancy of the building while the landscape installation is being completed will not adversely affect public health or safety.

D.

It can be reasonably expected that the landscape installation will be completed within thirty days.

In the event the required landscape installation ceases and is not completed within sixty days of issuance of the certificate of occupancy, enforcement action shall be consistent with the provisions of the Redding Municipal Code and may be initiated by the building official in accordance with Section 18.47.110.

(Ord. No. 2530, § 3, 7-21-2015; Ord. No. 2590, § 23, 8-21-2018)

18.47.090 - Appeals.

The applicant of any person may appeal the determination of the development services department within seven calendar days after approval of denial of the landscape plan has been signed by development services department staff. The appeal must be in writing; must be filed with the development services department, together with an appeal fee established by city council by resolution; and shall specify the determination(s) the appellant believes to be in error. In the event of an appeal, the matter shall be set for hearing before the planning commission not later than twenty-one days after the appeal is filed. Notice of

the nature, time, and place of said hearing shall be given by the development services department to the applicant, the appellant, and the owners of abutting property by first class mail at least five calendar days prior to the hearing.

The planning commission shall hear the appeal at the time and place set forth in said notice and may continue the hearing from time to time for the purposes of considering further evidence. Not more than fourteen days following the close of the hearing, the planning commission shall render its decision.

(Ord. No. 2530, § 3, 7-21-2015)

18.47.100 - Landscape maintenance requirements and alterations.

The owner of land subject to this chapter shall be responsible for the maintenance of said land in conformance with the following standards, except as may be superseded by Chapter 14.09 (Water Shortage Contingency Plan):

A.

All landscaped areas shall be maintained in conformance with the following standards:

1.

All vegetation shall be maintained free of physical damage or injury arising from lack of water, chemicals, insects, diseases, or other such causes.

2.

Vegetation showing substantial damage or disease, or that has died, shall be replaced with the same or similar species of original installation size.

Lawn areas are to be mowed regularly to avoid overgrown appearance.

4.

All planting areas are to be kept in a healthy and growing condition. Fertilizing, cultivating, pruning, weeding, and clean up refuse or debris shall be part of regular maintenance.

5.

Irrigation systems shall be kept in working condition. Adjustments, replacements, repairs, and cleaning shall be part of regular maintenance.

6.

Stakes, guys, and ties on trees shall be checked regularly for correct functions. Ties are to be adjusted to avoid creating abrasions or girdling of trunks or branches.

7.

Irrigation systems shall not create excessive overspray and runoff into walkways, streets, and other paved areas. Irrigations systems shall not be turned on during, and up to forty-eight hours after, measurable rainfall. Leaks in the irrigation system (such as broken sprinkler heads) shall be corrected within seventytwo hours of learning of the leak.

8.

Pruning of trees and shrubs shall conform to International Society of Arboriculture (ISA), Western Chapter, ANSI Z133.1, current Safety Standards; and ANSI Z133.1, current editions.

9.

All landscape planter areas originally top-dressed with wood products shall be replaced or refurbished periodically to prevent weed growth and maintain soil moisture.

10.

LID stormwater quality measures are to be maintained and replaced as scheduled or as needed in a timely manner to assure stormwater quality control measures are performing as designed and approved.

B.

Substantial alteration of required landscaped areas is prohibited without an amended landscape plan approved by the development services department.

(Ord. No. 2530, § 3, 7-21-2015)

A violation of any portion of this chapter and of guidelines adopted pursuant to this chapter is subject to the provisions in Chapter 1.13 (Administrative Citations) and Chapter 1.14 (Administrative Penalties and Abatement), of this Code in addition to other civil or administrative remedies.

(Ord. No. 2530, § 3, 7-21-2015)