Chapter 18.48 — RIVER/CREEK CORRIDOR DEVELOPMENT

River and creek corridor habitats support a great diversity of plants and animals, recharge aquifers, and filter some pollutants. These corridors are valuable as open-space areas and are of recreational and scenic interest. The purpose of this chapter is to provide adequate buffer areas between creek corridors and adjacent development to protect this valuable community resource as a natural, scenic and recreational amenity.

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

The provisions of this chapter apply to any property adjoining or including any of the waterways identified for protection in the general plan, except those properties previously developed in accordance with applicable codes and those "RE" and "RS" zoned parcels created prior to the adoption of this chapter. These waterways and their corresponding average buffer widths (setbacks) are shown in Schedule 18.48.020-A.

Schedule 18.48.020-A Waterway Corridor Setback Requirements

Notes:

1 Average buffer required adjacent to the development. When the top-of-bank setback is greater than the setback from riparian vegetation, the greater setback shall be utilized. In no case shall the top-of-bank setback be less than twenty-five feet for creeks or seventy-five feet for the Sacramento River provided that an exception is granted in accordance with Section 18.48.040 of this chapter.

2 Lower reaches of the creek as illustrated in Figure 3-3 of the General Plan Natural Resources Element. Upper reaches are twenty-five feet from riparian vegetation and fifty feet from the bank, whichever is greater.

3 Reduced setbacks are appropriate for water-oriented/commercial activities and for bluff areas for that section of the river between the North Market Street bridge and the alignment of the future Parkview Bridge.

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

The following requirements pertain to all new developments along the waterways identified in Schedule 18.48.020-A, except as specifically provided in Sections 18.48.020 and 18.48.040.

A.

Setbacks, easements, or in-fee dedications are required for the stream corridor and buffer areas as follows:

1.

Ministerial projects (building permit; zoning clearance): development setbacks only. At the request of the property owner, the City may accept an offer of dedication and accept fee title to the buffer area.

2.

Discretionary land use entitlements (site development permits; use permits): dedicated to the City as an open-space easement.

3.

Subdivision maps: dedicated to the City as an open-space easement or dedicated "in fee" to the City.

B.

The average buffer widths depicted in Schedule 18.20.020-A may be increased by the approving authority if necessary to protect environmental resources as determined through the project environmental impact determination process.

C.

Where Chapter 18.51, "FP" Floodplain Overlay District, requires greater setbacks or dedications than shown in Schedule 18.48.020-A, the greater setbacks or dedications shall prevail.

D.

No structure, parking access, parking space, paved area, fence, swimming pool, structure, or other improvements shall be constructed within a buffer area except the installation of approved public facility infrastructure.

E.

It is intended that buffer areas be maintained in a natural state and not be landscaped. Removal of vegetation as may be required by the Fire Marshal or by authorized public improvements is acceptable subject to review of environmental impacts and identification of any necessary mitigation measures.

F.

Where constructed drainage devices and improvements are required, they shall be placed in the least visible locations and naturalized through the use of river rock, earth-tone concrete and/or native plant materials.

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

(Ord. No. 2671, § 8, 11-5-2024)

Existing Parcels. The director or in the case of site development permits or use permits, the board of administrative review and planning commission, respectively, may reduce the buffer area required by this chapter for nonexempt parcels created prior to adoption of this code. The reduction shall not be more than one-half the distance indicated on Schedule 18.48.020-A. Submission of a biological report prepared in accordance with this section and making the findings enumerated below is required.

New Parcels. A variance must be approved in accordance with the procedures established in Chapter 18.16 (Variances) of this title, for reduced buffer areas on parcels created after adoption of this code.

A.

Biological Report. The director shall require the applicant to submit a biological report prior to development review prepared by a qualified biologist for projects proposed within the buffer areas for the streams identified in Schedule 18.48.020-A.

1.

Exceptions. The director finds that significant alteration of naturally occurring vegetation within the affected corridor area has resulted from any of the following actions:

a.

The stream adjacent to the proposed development has been channelized.

b.

A levee has been constructed to contain flood flows.

c.

Significant fill material has been placed within the buffer area.

d.

Development has already occurred that alters the characteristics of the required buffer areas.

2.

Report Contents. The report shall describe and map (as appropriate) the flora and fauna located within the area proposed for development that is also within a required buffer, including any rare or endangered species found at the site. Appropriate mitigation measures shall be proposed as necessary.

B.

Required Findings. To approve a reduced setback, the approving authority shall make the following findings:

1.

The reduced setback avoids, to the extent feasible, riparian vegetation;

2.

Any impacts to state or federally listed plant or animal species will be fully mitigated;

3.

The reduced setback will not pose a threat to streambank stability or increase sediment in the stream;

4.

The ability to provide public access is not compromised if the master trail plan, or similar document, delineates the creek corridor for trail construction.

C.

Appeals. Appeals of setback determinations shall be conducted in accordance with the provisions of Section 18.11.090 (Appeals) of this title.

(Ord. 2381 § 14, 2007: Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

Division V. - Overlay District Regulations

Chapter 18.50 - "A" AIRPORT ENVIRONS OVERLAY DISTRICT

A.

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

1.

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

2.

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

3.

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

B.

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

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

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

A.

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

two thousand two hundred fifty feet at a distance of ten thousand two hundred feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway.

B.

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

C.

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

D.

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

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

18.50.030 - Height.

A.

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

1.

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

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

3.

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

4.

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

B.

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

C.

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

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

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

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

18.50.050 - Nonconforming uses.

A.

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

construction or alteration of which was begun prior to the effective date of this chapter and is diligently prosecuted.

B.

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

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

18.50.060 - Permits.

A.

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

1.

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

2.

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

3.

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

B.

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

it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.

C.

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

D.

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

E.

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

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

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

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

A.

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

B.

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

C.

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

D.

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

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

A.

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

B.

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

C.

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

D.

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

E.

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

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

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

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

Chapter 18.51 - "FP" FLOODPLAIN OVERLAY DISTRICT

A.

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

1.

Protect human life and health, safety and welfare;

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

8.

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

9.

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

10.

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

11.

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

12.

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

13.

Ensure that adequate capacity for future urban runoff is reserved;

14.

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

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

16.

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

17.

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

a.

Size of stream, major or minor,

b.

Existing and future volume of water,

c.

Existing and future changes in the velocity of water,

d.

Impact on adjoining properties,

e.

Potential for increased erosion upstream or downstream,

f.

Potential for riprap and type of riprap,

g.

Riparian habitat,

h.

Fisheries and wildlife,

i.

Urban trails and fishing access,

j.

Water temperature,

k.

Aesthetics,

l.

General plan consistency,

m.

Liability, both public and private,

n.

Depth of floodplain and fill needed,

o.

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

p.

Maintenance responsibility and costs,

q.

Short-term gains versus long-term costs,

r.

Future increases in runoff.

18.

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

19.

Minimize prolonged business interruptions;

20.

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

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

The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) for Shasta County, California and Incorporated Areas dated December 16,

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

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

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

18.51.030 - General provisions.

A.

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

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

1.

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

2.

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

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

4.

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

B.

Interpretation.

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

C.

Department Records.

1.

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

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

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

18.51.040 - Uses prohibited in a flood-fringe area.

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

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

A.

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

B.

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

C.

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

D.

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

E.

Swimming pool equipment.

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

18.51.050 - Permitted uses within the floodway and flood fringe (not requiring a use permit).

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

A.

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

B.

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

C.

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

D.

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

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

(Ord. No. 2590, § 24, 8-21-2018)

18.51.060 - Uses requiring a use permit within the floodway and flood fringe.

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

A.

In the Floodway or Flood Fringe.

1.

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

2.

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

3.

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

4.

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

5.

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

B.

In the Flood Fringe Only.

1.

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

2.

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

3.

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

4.

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

5.

Mobile homes or manufactured homes.

6.

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

7.

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

a.

The use meets the provisions of this chapter.

b.

The use is consistent with the Redding general plan.

c.

The use is consistent with the zoning of the parcel.

d.

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

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

(Ord. No. 2590, § 25, 8-21-2018)

18.51.070 - Permitted uses within the city's "FP" district, outside the floodway and the flood fringe.

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

A.

Any permitted use in the district combined with the "FP" district, provided there is not any encroachment into the base floodplain. The minimum setback from the base floodplain lines shall be thirty feet when adjacent to the Sacramento River where there is moving water. The minimum setback from the base floodplain line shall be fifteen feet, when adjacent to any creek. The lowest floor elevation of any habitable

structure shall be one foot above the base floodplain elevation, as identified by FEMA or the city's master storm drain study, whichever is highest, and the structure shall have year-round access not subject to inundation by a base flood of a depth of more than one foot.

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

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

A.

Construction, General.

1.

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

a.

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

b.

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

B.

Anchoring.

1.

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

C.

Construction Materials and Methods.

1.

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

2.

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

3.

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

D.

Elevation and Flood-Proofing.

1.

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

2.

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

a.

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

b.

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

c.

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

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

a.

Be certified by a registered professional engineer or architect.

b.

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

4.

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

5.

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

E.

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

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

2.

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

3.

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

4.

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

F.

Standards for Utilities.

1.

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

2.

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

G.

Standards for Levees.

1.

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

a.

Freeboard. Riverine levees must provide a minimum freeboard of three feet above the water-surface level of the base flood. An additional one foot above the minimum is required within one-hundred feet of either side

of structures (such as bridges) riverward of the levee or wherever the flow is constricted. An additional onehalf foot above the minimum at the upstream end of the levee, tapering to not less than the minimum at the downstream end of the levee, is also required.

H.

Standards for Manufactured Homes.

1.

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

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

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

18.51.090 - Existing parcels.

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

A.

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

B.

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

C.

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

1.

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

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

3.

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

4.

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

5.

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

6.

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

7.

The fringe area shall be calculated as follows:

a.

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

8.

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

9.

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

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

Property owners requesting permission to encroach into the flood fringe shall submit to the planning commission a hydraulic assessment of the base flood event prepared by a hydrologist who is a registered civil engineer. The cost of evaluating the analysis by the city or its consultant will be the responsibility of the applicant. The assessment shall meet the requirements for surveying, hydraulic analysis, and flood-flow frequency analysis, as outlined in the Guidelines and Specifications for Study Contractors prepared by FEMA, dated January 1995, or as subsequently amended. The city shall specify the hydraulic method and model to be used. Acceptable models for water-surface profiles include the latest version of the HEC-2,

HEC-RAS, HEC-HMS, HSPF, or other identical models. The city shall also require that calculations include the runoff from projected upstream urbanization of the tributary area, which may be obtained from the HEC-1 (HEC-HMS) hydrograph model.

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

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

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

18.51.110 - Equal encroachment.

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

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

18.51.120 - Environmental review.

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

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

18.51.130 - Whenever a floodway or floodplain is to be altered or relocated.

The city will notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation of a floodway or floodplain, submit evidence of such notification to the Federal Emergency Management Agency (FEMA) in a request for a conditional letter of map revision (CLOMR), and ensure that the flood-carrying capacity of the altered or relocated portion of said watercourse is

maintained. Whenever base flood-elevation changes are due to physical alterations, the city shall submit technical or scientific data to FEMA for a letter of map revision (LOMR) within six months of information becoming available or project completion, whichever comes first. Preparation of the conditional LOMR application by the applicant's engineer and approval of the conditional LOMR by FEMA will be required prior to issuance of a grading permit or building permit. Approval of the final LOMR is typically required prior to final building permit approval (certificate of occupancy).

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

(Ord. No. 2438, § 6, 10-26-2009)

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. It is probable that larger floods can and will occur, that the base flood may occur more often than the one percent frequency, and that flash floods may cause equal or greater damage. Flood heights inside the city limits may also be increased by manmade or natural causes in unincorporated areas. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damage. This chapter

shall not create liability on the part of the city or any officer or employee thereof, the state of California, or the Federal Insurance Administration of the Federal Emergency Management Agency for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

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

18.51.150 - Nonconforming uses in the floodway or floodplain.

A.

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

B.

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

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

(Ord. No. 2668, § 1, 4-16-2024)

No building permit, license, certificate or other approval or entitlement shall be issued or given by the city or any department or employee thereof with respect to any improvement until the design of the improvement has been approved, as provided in this chapter, and the one-hundred-year flood elevation has

been determined. No certificate of use and occupancy or similar approval shall be issued or given for any improvement subject to use permit by this chapter, unless and until a representative of the development services department has certified that the improvement has been completed in accordance with the use permit approved pursuant to this chapter.

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

A.

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

B.

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

C.

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

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

A.

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

the engineer preparing the map. All final maps shall also have a warning note on the map similar to Section 18.51.140 of this chapter.

B.

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

C.

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

D.

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

E.

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

F.

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

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

A.

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

B.

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

C.

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

1.

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

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

3.

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

4.

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

5.

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

6.

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

7.

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

8.

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

9.

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

10.

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

11.

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

D.

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

E.

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

F.

Conditions for Variances:

1.

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

2.

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

3.

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

4.

Variances shall only be issued upon:

a.

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

b.

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

c.

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

5.

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. It

is recommended that a copy of the notice be recorded by the Floodplain Administrator in the Office of the Shasta County Recorder and be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

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

(Ord. No. 2668, § 1, 4-16-2024)

Chapter 18.52 - "MR" MINERAL RESOURCES OVERLAY DISTRICT

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

A.

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

B.

Ensure that appropriate, compatible uses are allowed;

C.

Ensure that there is an ultimate reuse plan;

D.

Prevent adjacent uses from being impacted;

E.

Consider protection of mineral resources in the development process.

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

18.52.020 - Land use regulations.

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

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

A.

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

1.

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

2.

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

3.

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

4.

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

5.

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

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

The uses shall be in compliance with the following standards:

A.

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

B.

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

C.

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

D.

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

E.

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

F.

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

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

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

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

Chapter 18.53 - "PD" PLANNED DEVELOPMENT OVERLAY DISTRICT*

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

(Ord. 2343 § 2 (part), 2005)

18.53.020 - Applicability—Zoning map designator and planned development plan required.

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

A.

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

B.

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

(Ord. 2343 § 2 (part), 2005)

(Ord. No. 2428, § 13, 1-20-2009)

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

(Ord. 2343 § 2 (part), 2005)

A.

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

1.

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

2.

Applications for a planned development shall contain the following:

a.

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

b.

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

c.

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

natural vegetation;

d.

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

e.

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

f.

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

g.

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

(Ord. 2343 § 2 (part), 2005)

18.53.050 - Duties of the planning commission and city council.

A.

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

B.

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

C.

Modification to Standards of this Code. The city council or planning commission may approve a planned development plan that deviates from the density, lot size, setback, height and other physical limitations defined in the base district or other provisions of this code provided that the approving body makes the findings required in Section 18.53.060 of this chapter. Deviations from the land use regulations of the base district with which the "PD" overlay district is combined are permitted where they result in implementation of general plan policies related to providing a mix of residential products within a development and/or providing small-scale neighborhood services or providing opportunities for the development of residential units that will be available for low- and moderate-income individuals and families on a long-term basis

through the recording of affordability covenants. The density/intensity allowed by the planned development plan may not exceed the maximum density/intensity allowed by the general plan for the development site.

(Ord. 2343 § 2 (part), 2005)

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

A.

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

B.

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

C.

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

D.

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

E.

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

F.

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

G.

The proposed development carries out the intent of the planned development provisions by providing a more efficient use of the land and an excellence of architecture and site design greater than that which

could be achieved through the application of the base district regulations. However, in those instances in which the entire development will be reserved on a long-term basis for lower-income households, the architectural and design expectations that would be applied to a "market rate" development need not apply.

(Ord. 2343 § 2 (part), 2005)

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

A.

Setbacks, yard areas and open-spaces;

B.

Fences, walls and screening;

C.

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

D.

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

E.

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

F.

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

G.

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

(Ord. 2343 § 2 (part), 2005)

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

(Ord. 2343 § 2 (part), 2005)

A.

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

B.

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

C.

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

D.

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

(Ord. 2343 § 2 (part), 2005)

18.53.100 - Amendments to/deviations from the planned development plan.

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

(Ord. 2343 § 2 (part), 2005)

18.53.110 - Lapse of approval—Revocation—Renewal.

The lapse of approval, revocation and renewal of a planned development plan shall be governed by the procedures set forth in Chapter 18.11 (Common Procedures) of this title. If the planned development plan is

revoked for any reason, the city council may, at its discretion, initiate a rezone of the property to its base district designation.

(Ord. 2343 § 2 (part), 2005)

Chapter 18.54 - "MU" MIXED USE OVERLAY DISTRICT

The purposes of the mixed use overlay district are to:

A.

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

B.

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

C.

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

D.

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

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

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

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

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

A.

A complete application form, fee and required attachments;

B.

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

C.

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

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

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

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

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

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

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

A.

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

B.

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

C.

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

D.

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

E.

Provide reasonable pedestrian-oriented connections to the surrounding neighborhood;

F.

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

G.

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

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

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

A.

The proposed development is consistent with the general plan;

B.

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

C.

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

D.

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

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

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

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

Chapter 18.55 - "MU-N" MIXED USE NEIGHBORHOOD OVERLAY DISTRICT

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

A.

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

B.

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

C.

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

D.

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

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

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

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

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

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

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

18.55.040 - Mixed use neighborhood development plan.

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

A.

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

B.

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

C.

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

D.

Proportion and Intensity of Uses. In order to ensure an appropriate mix of uses within proposed developments, the minimum desired percentage of a proposed development site that is required for each land use component and the desired average residential density and commercial floor area ratio (FAR) are shown in Schedule 18.55.030-A. The maximum residential densities and FARs shall be as prescribed by the

mixed use neighborhood development plan, but shall not exceed two times the minimum densities and minimum FAR.

Schedule 18.55.030-A: Proportion of Uses

Notes:

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

2 Maximum residential density—24.0 dwelling units per acre.

E.

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

1.

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

a.

A centrally located transit stop;

b.

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

c.

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

d.

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

e.

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

2.

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

3.

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

4.

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

a.

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

b.

Minimum Size. One acre;

c.

Adjacent Land Uses. Uses fronting the square may include a community service facility, cultural institution, daycare center, parks and recreation facilities, post office, other public and semipublic uses and

neighborhood store with a maximum gross floor area of one thousand five hundred square feet adjacent to one side of the square;

d.

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

e.

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

f.

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

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

18.55.050 - Development regulations.

A.

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

B.

Mixed Use Core.

1.

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

2.

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

3.

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

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

C.

Streets and Sidewalks.

1.

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

2.

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

3.

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

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

18.55.060 - Phasing.

A.

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

B.

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

C.

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

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

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

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

A.

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

B.

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

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

Chapter 18.56 - "DR" DESIGN REVIEW OVERLAY DISTRICT

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

A.

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

B.

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

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

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

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

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

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

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

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

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

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

18.56.060 - Findings.

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

A.

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

B.

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

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

Consideration of a development proposal pursuant to this chapter shall include review by a design review committee if such a committee has been required by ordinance adoption or resolution of the city council. The committee shall be consulted and allowed an adequate opportunity to review proposed plans for consistency with adopted standards or criteria as part of the site development permit or use permit processes. The committee shall make a recommendation for approval or modification of a particular project

to the approving authority before any final action is taken. The time lines for review and approval of site development permits and use permits established by Sections 18.13.080 and 18.14.060 of this title, respectively, shall not be extended solely to accommodate the work of the design review committee.

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

Chapter 18.57 - "SP" SPECIFIC PLAN OVERLAY DISTRICT

The purpose of the specific plan overlay district is to:

A.

Identify specific plans that have been adopted by the city;

B.

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

C.

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

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

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

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

18.57.030 - Initiation, presubmittal and preparation of specific plans.

A specific plan may be initiated in the following manner:

A.

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

B.

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

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

2.

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

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

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

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

18.57.050 - Adoption/amendment of specific plans.

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

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

18.57.060 - Findings.

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

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

18.57.070 - Land use regulations/ administration of the specific plan.

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

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

18.57.080 - Adopted specific plan/relationship to zoning.

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

A.

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

B.

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

(No zoning districts established)

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

(Ord. No. 2606, § 16, 6-18-2019)

Chapter 18.58 - "BH" BUILDING HEIGHT OVERLAY DISTRICT

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

(Ord. 2405 § 2 (part), 2008)

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

(Ord. 2405 § 2 (part), 2008)

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

(Ord. 2405 § 2 (part), 2008)

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

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

(Ord. 2405 § 2 (part), 2008)

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

(Ord. 2405 § 2 (part), 2008)

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

(Ord. 2405 § 2 (part), 2008)

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

(Ord. 2405 § 2 (part), 2008)

Division VI. - General Terms Chapter 18.60 - USE CLASSIFICATIONS

Use classifications describe one or more uses of land having similar characteristics, but do not list every use or activity that may appropriately be within the classification. The planning commission, upon request from the director, shall determine whether a specific use shall be deemed to be within one or more use classifications or not within any classification in this chapter. The planning commission may determine that a specific use shall not be deemed to be within a classification, whether or not named within the classification, if its characteristics are substantially incompatible with those typical of uses named within the classification.

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

18.60.020 - Residential use classifications.

Residential Housing Types.

Single Family Dwelling. One dwelling unit located on a single lot, containing only one kitchen and used to house not more than one family. Includes manufactured housing.

Two-Family Dwelling (Duplex). A single building that contains two dwelling units, or a single lot with two freestanding buildings, each of which is designed for occupancy by one household.

Dwelling Group. A group of three or more detached one-family, two-family, or multiple-family dwellings occupying a parcel of land in one ownership.

Manufactured Home Park. Manufactured housing in a planned development with common area amenities. Spaces for mobile homes may be rented or owned.

Multiple Family Residential (Apartments). Three or more attached dwelling units on a site or lot. Types of multiple-family dwellings include a variety of styles including, but not limited to, townhouses, garden apartments, and high-rise apartment buildings. Transitional housing facilities are also included provided that the residential density of the facility is consistent with that of the surrounding neighborhood.

Group Residential. Shared living quarters without separate kitchen or bathroom facilities for each room or unit. This classification includes boardinghouses, and dormitories, but excludes residential hotels.

Accessory Dwelling Unit. An attached or detached dwelling unit that is located on a single lot with a primary dwelling unit and provides complete facilities for independent living for one or more persons. These facilities include permanent provisions for living, sleeping, cooking, and sanitation.

Residential Condominium. A residential development designed to allow individually owned residential units, which are supported by a formal arrangement of common areas and facilities as is further defined in Section 1351(f) of the California Civil Code.

Supportive Housing. Housing with no limit on length of stay that is occupied by the target population as defined in Health and Safety Code subdivision (d) of Section 53260 and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community (per Health and Safety Code Section 50675.14(b)).

t is occupied by the target population as defined in Health and Safety Code subdivision (d) of Section 53260 and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community (per Health and Safety Code Section 50675.14(b)).

Transitional Housing. Buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months (per Health and Safety Code Section 50675.2).

Family Day Care. A day-care facility located in a single-family residence where an occupant of the residence provides care and supervision for children.

Small Family. A facility which provides care for six or fewer children.

Large Family. A facility which provides care for seven to twelve children.

Residential Care, Limited. Twenty-four-hour nonmedical care for six or fewer persons in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those facilities licensed for residential care by the State of California.

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

(Ord. No. 2438, § 5, 9-1-2009; Ord. No. 2469, § 22, 11-2-2010; Ord. No. 2572, § 5, 5-2-2017; Ord. No. 2590, § 26, 8-21-2018)

18.60.030 - Public and semipublic use classifications.

A.

Cemetery. Land used or dedicated to burial of the dead, including crematoriums, mausoleums, necessary sales, and maintenance facilities.

B.

Clinic. Facility where patients are admitted for examinations and treatment by one or more physicians, usually on a "walk-in" basis. Patients are treated on an outpatient basis and are not admitted for overnight treatment or observation.

C.

Clubs and Lodges. Meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or guests, including residential accommodations that are available to members or guests on a temporary basis for periods of less than thirty consecutive days, but excluding residential hotels. This classification includes union halls, social clubs, and youth centers.

D.

Colleges and Trade Schools, Public or Private. Institutions of higher education providing curricula of a general, religious or professional nature, typically granting recognized degrees, including conference centers and academic retreats associated with such institutions. This classification includes business and computer schools, management training, technical, and trade schools, but excludes personal instructional services.

E.

Commercial Support Services. Retail, service, and other for-profit commercial activities that support, enhance, and/or contribute to the basic function and economic success of a public use. Such uses shall be allowed only in conjunction with a public use or facility operated by, or on land owned or controlled by, a public agency. Such uses are not permissible in areas which would otherwise be designated for residential uses.

F.

Community Centers. Any noncommercial facility established primarily for the benefit and service of the population of the community in which it is located. Examples include neighborhood centers, youth centers and senior centers.

G.

Community Social Service Facilities. Any noncommercial facility, such as a day center, which may also provide meals, showers, and/or laundry facilities. Specialized programs and services related to the needs of those using the facility may also be provided.

H.

Cultural Institutions. Public or nonprofit institutions engaged primarily in the display or preservation of objects of interest in the arts or sciences that are open to the public on a regular basis. This classification includes performing arts centers for theater, dance, and events; libraries; museums; historical sites; aquariums; art galleries; and zoos and botanical gardens.

I.

Daycare Center (fourteen or more). Establishments providing nonmedical care for one or more persons on a less than twenty-four-hour basis. This classification includes nursery schools, preschools, and daycare centers for children or adults and any other daycare facility licensed or certified by the state of California.

J.

Emergency Medical Care. Facilities providing emergency medical service with no provision for continuing care on an inpatient basis.

K.

Government Offices. Administrative, clerical, or public contact offices of a government agency, including postal facilities, together with incidental storage and maintenance of vehicles.

L.

Homeless Shelter. A residential facility operated by a provider which provides temporary accommodations, not to exceed one hundred eighty days in any twelve-month period, for homeless individual and families. For purpose of this definition, a "provider" shall mean an organization which provides or contracts with recognized community organizations to provide emergency or temporary shelter and which may also provide meals, counseling, and other services, as well as common areas for residents of the facility.

M.

Hospitals (including emergency care). State-licensed facilities providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons. This classification includes facilities for inpatient or outpatient treatment, as well as training, research, and administrative services for patients and employees. Emergency care facilities are those providing emergency medical service on a twenty-four-hour basis with no provision for continuing care on an inpatient basis.

N.

Park and Recreation Facilities. Noncommercial parks, playgrounds, recreation facilities, and open spaces. This classification also includes community centers, playing fields, courts, gymnasiums, swimming pools, picnic facilities, and public marinas, as well as related food concessions.

O.

Parking, Public. Surface parking or structures used for parking more than four automobiles.

P.

Public Maintenance and Service Facilities. Facilities providing maintenance and repair services for vehicles and equipment and materials storage areas. This classification includes corporation yards, equipment service centers, and similar public facilities.

Q.

Public Safety Facilities. Facilities for public-safety and emergency services, including a facility that provides police and fire protection and ambulance services.

R.

Religious Facilities. A facility for religious worship and incidental religious education and offices, but not including private schools. This classification includes churches, temples, and other facilities used primarily for religious services or activities.

S.

Residential Care, Senior. Twenty-four-hour medical or nonmedical care for more than six persons in need of personal services, supervision, protection, or assistance for sustaining the activities of daily living. This classification includes only those facilities licensed for residential care by the state of California.

T.

Residential Care, General. A facility with shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. They provide twenty-four-hour nonmedical care for more than six persons in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those facilities licensed for residential care by the state of California, as well as those operated by public or not-for-profit institutions.

U.

Schools, Public or Private. Facilities for primary or secondary education, including elementary, junior high and high schools, and private institutions having curricula comparable to that required in the public schools of the state of California.

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

(Ord. No. 2438, § 6, 9-1-2009; Ord. No. 2457, § 3, 5-18-2010)

18.60.040 - Commercial use classifications.

A.

Adult Business Establishments. Establishments whose preponderant business is the offering of materials, products, and/or services that have sexual arousal, sexual gratification, and/or sexual stimulation as their dominant theme and which are not customarily open to the general public because they exclude minors by virtue of their age as a prevailing business. This classification does not include any establishment offering professional services conducted, operated or supervised by medical practitioners, physical therapists, nurses, chiropractors, psychologist, social workers, marriage and family counselors, osteopaths, and persons holding unrevoked licenses or certificates under applicable California state law or accreditation from recognized programs when performing functions pursuant to the respective license or certificate.

B.

Animal Sales and Services. Boarding, grooming, medical care for small animals on a commercial basis and/or incidental retail sales. This classification does not include dog walking and similar pet care services not carried out at a fixed location.

1.

Large Animal Veterinary Services. Office and medical treatment facilities used by veterinarians for large animals.

C.

Banks and Savings and Loans. Financial institutions providing retail banking services. This classification includes only those institutions engaged in the on-site circulation of money, including businesses offering check-cashing facilities.

D.

Bed and Breakfast Establishments. Establishments providing guest rooms for lodging on a less-thanweekly basis, in an owner-occupied single-family or converted multiple-family dwelling, with incidental eating and drinking service provided from a single kitchen for lodgers and residents only.

E.

Building Materials and Services. Retailing, wholesaling, or rental of building supplies or equipment. This classification includes lumberyards and tool and equipment sales or rental establishments and includes establishments devoted principally to taxable retail sales to individuals for their own use. This definition does not include large-scale "warehouse" stores (see Home Improvement Sales and Services) and hardware stores less than ten thousand square feet in sales.

F.

Business Services. Rendering services to business establishments on a fee or contract basis, including printing and copying, blueprint services, advertising and mailing, equipment rental and leasing, commercial research, development and testing, photo finishing, and model building. This classification excludes maintenance and repair and accounting, advertising, architectural design, city planning, environmental analysis, insurance, interior design, investment, landscape design, law, management consulting, title companies and real estate offices.

G.

Commercial Recreation. Provision of participant or spectator recreation. This classification includes sports stadiums and arenas, amusement parks, bowling alleys, billiard parlors, golf driving ranges, pool rooms, dance halls, ice/roller skating rinks, golf courses (daily fee), miniature golf courses, scale-model courses, shooting galleries, tennis/racquetball courts, pinball arcades or electronic games centers, card rooms, and fortune telling; it also includes health and fitness clubs, gymnastic facilities, and similar uses within a "GI" General Industry District.

H.

Commercial Entertainment. Provision of spectator entertainment. This classification includes live and motion picture theaters.

I.

Convenience Gas Mart. A store that sells groceries and gasoline may also sell fast-food products and does not include automotive repair shops.

J.

Eating and Drinking Establishments. Businesses primarily engaged in serving prepared food and/or beverages for consumption on or off the premises.

Bars/Nightclubs/Lounges. Businesses serving beverages for consumption on the premises as a primary use and including on-site service of alcohol, including beer, wine, and mixed drinks. Beverages, such as beer and wine, may be produced on-site.

Restaurants, Full Service. Restaurants serving food and beverages to be consumed on the premises. Takeout or delivery service may also be provided. Beverages, such as beer and wine, may be produced on-site.

With Drive-Through Facilities. Establishments providing food and beverage services to patrons remaining in automobiles. Includes drive-up service.

K.

Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include markets, groceries, liquor stores and retail bakeries. This classification also includes large-scale stores that sell food items and beverages in bulk and also may sell bulk household products.

L.

Food and Beverage Preparation. Businesses preparing and/or packaging food and beverages for off-site consumption, excluding those of an industrial character in terms of processes employed, waste produced, water used and traffic generation. Uses include catering kitchens, bakeries with on-site retail sales and small-scale specialty food and beverage production, such as manufacture of candy, jams and jellies, beer, wine, and spirits.

M.

Funeral Parlors and Mortuaries. An establishment primarily engaged in the provision of services involving the care, preparation or disposition of the human dead. Typical uses include a crematory, columbarium, mausoleum or mortuary.

N.

Home Improvement Sales and Services. Retail sales, rental and related services of hardware, plumbing, electrical, heating, air conditioning, building supplies, tools and equipment, plants and garden products, patio furniture, swimming pools, spas and hot tubs, lighting fixtures, kitchen and bathroom fixtures and cabinets, paint, carpeting, floor coverings or wallpaper.

O.

Hotels and Motels. Establishments offering lodging to transient patrons. These establishments may provide additional services, such as conference and meeting rooms, restaurants, bars or recreation facilities available to guests or to the general public. This classification includes motor lodges, motels, hostels, extended-stay hotels and tourist courts, but does not include rooming hotels, boarding houses or residential hotels designed or intended to be used for sleeping for a period of thirty consecutive days or longer.

P.

Hotels, Residential. Establishments offering rooms for rent for semitransient or permanent residents on a weekly or monthly basis.

Q.

Laboratories. Establishments providing medical or dental laboratory services or establishments providing photographic, analytical or testing services.

R.

Maintenance and Repair Services. Establishments providing appliance repair, office machine repair, janitorial services, pest control or building maintenance services. This classification excludes maintenance and repair of vehicles or boats.

S.

Offices, Business and Professional. Offices of firms or organizations providing professional, executive, management or administrative services, such as architectural, computer software design, engineering, graphic design, interior design, real estate, insurance, investment and legal offices. This classification excludes hospitals, banks, and savings and loan associations.

T.

Offices, Medical and Dental. Offices of firms or organizations providing medical services, such as physicians, dentists, chiropractors, optometrists and similar medical professionals. This classification includes medical/dental laboratories incidental to an office use.

U.

Parking Facilities, Commercial. Surface lots and structures offering parking to the public for a fee when such use is not incidental to another activity.

V.

Personal Improvement Services. Provision of instructional services or facilities, including photography; fine arts; crafts; dance or music studios; driving schools; business and trade schools; and diet centers, gymnastic studios, health clubs, and fitness studios.

W.

Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops; seamstresses; tailors; interior decorators; photocopying; and photographic studios.

X.

Retail Sales. The retail sale of merchandise not specifically listed under another use classification. This classification includes department stores, drug stores, clothing stores, furniture stores, pawn shops, pet

shops, hardware stores and businesses retailing the following goods: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies and services (including portraiture and retail photo processing), medical supplies and equipment, electronic equipment, records, sporting goods, kitchen utensils, hardware, appliances, antiques, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles and new automotive parts and accessories (excluding vehicle service and installation). Retail sales may be combined with other services such as office machine, computer, electronics and similar small-item repairs. This classification also includes such services as dry cleaning businesses (excluding large-scale bulk cleaning plants), shoe repair shops and self-service laundries.

Y.

Travel Services. Establishments providing travel information and reservations to individuals and businesses. This classification excludes automobile rental agencies.

Z.

Vehicle and Equipment Sales and Services.

1.

Automobile Rentals. Rental of automobiles, including storage and incidental maintenance.

2.

Automobile/Vehicle Repair, Major. Repair of automobiles, trucks, motorcycles, motor homes and recreational vehicles, including the sale, installation and servicing of related equipment and parts. This classification includes auto repair shops, body and fender shops, transmission shops, wheel and brake shops and auto glass services, but excludes vehicle dismantling or salvaging and tire retreading or recapping.

3.

Automobile/Vehicle Service and Repair, Minor. Establishments engaged in the retail sale of gas or diesel fuel, lubricants, parts and accessories, including gasoline service stations; gas convenience marts; quickservice oil, tune-up, brake and muffler shops; and tire sales and installation, where repairs are made or service provided in enclosed bays and vehicles are not stored typically overnight. This classification excludes establishments providing engine repair, body and fender work, vehicle painting, towing or repair of heavy trucks or construction vehicles.

4.

Automobile/Vehicle Sales and Leasing. Sales or leasing of automobiles, motorcycles, trucks and/or lawn and garden-type tractors, including storage and incidental maintenance.

5.

Automobile Washing. Washing, waxing or cleaning of automobiles or similar light vehicles.

6.

Heavy Equipment Sales, Service and Rental. Sales, servicing and rental of vans, trailers, tractors and other equipment used for construction, agricultural or similar activities.

7.

Large Vehicle Sales, Service and Rental. Sales, servicing and rental of motor homes, recreational trailers and equipment, boats and similar vehicles.

8.

Vehicle Storage. Storage of operative or inoperative vehicles. This classification includes storage of parking tow-aways; impound yards; and storage lots for automobiles, trucks, buses and recreational vehicles, but does not include vehicle dismantling.

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

(Ord. No. 2428, § 14, 1-20-2009; Ord. No. 2443, § 7, 10-26-2009; Ord. No. 2541, § 5, 2-16-2016)

18.60.050 - Industrial use classifications.

A.

Contractors' Office and Shop Buildings. Fully enclosed building(s) or structure(s) used for contractors' offices, indoor storage of supplies or equipment, light fabrication (such as trusses, windows or heating equipment) and repair facilities, but which does not include any exterior storage area.

B.

Contractors' Storage Yards. Outdoor storage yards operated by, or on behalf of, a contractor for storage of equipment, vehicles, machinery, building materials, pipe or electrical components. This use may include buildings or structures for uses such as offices, indoor storage of supplies or equipment, light fabrication (such as trusses, windows or heating equipment) and repair facilities.

C.

Industry, Custom Handicraft. Manufacture of crafts, art, sculpture, stained glass and similar items. Retail sales of items manufactured on the premises is required.

D.

Industry, General. Establishments engaged in any of the following types of activities taking place within enclosed buildings: manufacturing finished parts or products primarily from previously prepared materials; food and beverage manufacturing/distribution; providing industrial services; or conducting industrial or scientific research, including product testing. Ancillary activities customarily associated with these uses such as industry related training or conferences, marketing events, and similar activities are also appropriate. This classification excludes basic industrial processing and recycling of cans, bottles, cardboard and similar consumer materials.

E.

Industry, Heavy. Manufacturing of products from extracted or raw materials or recycled or secondary materials or bulk storage and handling of such products and materials. This classification includes: tobacco product manufacturing, textile mills, textile product mills, apparel manufacturing, leather and allied product manufacturing, wood product manufacturing, paper manufacturing, chemical manufacturing, plastics and rubber products manufacturing, nonmetallic mineral product manufacturing, primary metal manufacturing and fabricated metal product manufacturing.

F.

Salvage/Wrecking. Storage and dismantling of vehicles and equipment for sale of parts, as well as their collection, storage, exchange or sale of goods, including, but not limited to, any used building materials, used containers or steel drums, used tires and similar or related articles or property.

G.

Warehousing and Storage. Storage and distribution facilities without sales to the public on-site or direct public access.

1.

Indoor Commercial Storage. Storage within an enclosed building of commercial goods prior to their distribution to wholesale and retail outlets.

2.

Outdoor Storage. Storage of vehicles or commercial goods in open lots.

3.

Self-storage Warehouses. Facilities offering storage for individual use, including miniwarehouses.

4.

Wholesale, Distribution and Storage. Indoor storage and/or sale of bulk goods, including mail order and Internet sales and wholesale distribution. Sales may be retail or wholesale.

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

(Ord. No. 2541, § 6, 2-16-2016)

18.60.060 - Transportation, communication and utilities use classifications.

A.

Airports and Heliports. Facilities for the takeoff and landing of airplanes and helicopters, including runways, aircraft storage buildings, public terminal buildings and parking, helicopter pads and support activities, such as airport operations and air traffic control.

B.

Communication Facilities.

1.

Antennae and Transmission Towers. Broadcasting, recording and other communication services accomplished through electronic or telephonic mechanisms, as well as structures designed to support one or more reception/transmission systems. Examples of transmission towers include, but shall not be limited to, radio towers, television towers, telephone exchange/microwave relay towers and cellular telephone transmission/personal communications systems towers.

2.

Facilities within Buildings. Includes radio, television or recording studios and telephone switching centers; excludes antennae and transmission towers.

3.

Freight/Truck Terminals and Warehouses. Facilities for local or worldwide freight and postal services by truck or rail.

4.

Transportation Passenger Terminals. Facilities for passenger transportation operations. This classification includes rail stations, bus terminals and scenic and sightseeing facilities, but does not include airports or heliports.

5.

Utilities, Major. Generating plants, electric substations, solid waste collection, including transfer stations and materials recovery (recycling processing) facilities, solid waste treatment and disposal, water or wastewater treatment plants and similar facilities of public agencies or public utilities.

6.

Utilities, Minor. Facilities necessary to support established uses involving only minor structures, such as electrical distribution lines, underground water and sewer lines and recycling collection facilities.

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

18.60.070 - Agriculture and extractive use classifications.

A.

Crop and Animal Raising. The raising of tree, vine, field, forage and other plant crops intended to provide food or fibers, as well as keeping, grazing or feeding of animals for animal products, animal increase or value increase.

B.

Mining and Quarrying. The extraction of nonmetallic minerals, including sand and gravel pit operations. They include surface mining operations as defined by the Public Resources Code of the state of California.

C.

Nurseries. Establishments in which all merchandise is kept within an enclosed building or a fully screened enclosure and fertilizer of any type is stored and sold in package form only. This classification includes wholesale and retail nurseries offering plants for sale.

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

(Ord. No. 2468, § 3, 10-19-2010; Ord. No. 2481, § 6, 11-15-2011)

Chapter 18.61 - LIST OF TERMS AND DEFINITIONS

18.61.010 - List of terms.

Abandoned

(see Nonconforming Terms)

Abandoned Sign

(see Sign Terms)

Accessory Building

Accessory Sign

(see Sign Terms)

Accessory Structure

(see Floodplain Terms) Accessory Use

Adult Bookstore

(see Adult Entertainment Terms) Adult Cabaret

(see Adult Entertainment Terms) Adult Drive-in Theater

(see Adult Entertainment Terms) Adult Entertainment Business or Activity (see Adult Entertainment Terms) Adult Entertainment Terms

Adult Massage Parlor

(see Adult Entertainment Terms)

Adult Model Studio

(see Adult Entertainment Terms) Adult Motel

(see Adult Entertainment Terms) Adult Motion Picture Arcade (see Adult Entertainment Terms) Adult Motion Picture Theater (see Adult Entertainment Terms) Adult Sexual Encounter Center (see Adult Entertainment Terms)

Advertising (see Sign Terms) Affordability

(see Residential Density Bonus Terms) Affordable Housing

(see Residential Density Bonus Terms) Affordable Unit, For Rent Affordable Unit, For Sale Aggregate Sign Area (see Sign Terms) Alley Alter Ambient Noise (see Noise Terms)

Amusement Park

Animal (Exotic or Wild)

(see Animal-Related Terms) Animal (Household Pet) (see Animal-Related Terms) Animal (Large) (see Animal-Related Terms) Animal (Small) (see Animal-Related Terms) Animal-Related Terms Animals

(see Animal-Related Terms) Antenna (see Telecommunication Terms) Apartment (see Residential Structure Types) Area of Special Flood Hazard (see Floodplain Terms) Automobile Trailer

(see Automobile Trailer Terms) Automobile Trailer Park (see Automobile Trailer Terms) Automobile Trailer Terms Automobile Wrecking Yard A-weighted Sound Level (see Noise Terms) Awning (see Sign Terms)

Awning Sign

(see Sign Terms) Balcony

Banner (see Sign Terms) Base Density Base Flood (see Floodplain Terms) Base Flood Elevation (see Floodplain Terms) Base Floodplain (see Floodplain Terms) Basement (see Standard and Floodplain Terms) Beacon or Searchlight (see Sign Terms)

Bed-and-Breakfast Inn Billboard

(see Sign Terms)

Block

Boardinghouse or Rooming House Breezeway Building Building Coverage Building Height Building Site Building-Mounted

(see Telecommunication Terms)

Business "C" District Cabaret Candidate Tree(s) (see Tree Terms) Canopy (see Sign Terms) Canopy Sign (see Sign Terms) Caretaker's Quarters Changeable Copy Sign (see Sign Terms) Charitable/Philanthropic Institution Church City Council Club Collection Building Collocation (see Telecommunication Terms) Common (see Outdoor Activity Areas) Communication Tower (see Telecommunication Terms) Conforming Sign (see Sign Terms) Construction

(see Noise Terms)

Contiguous To

(see Floodplain Terms) Copy (see Sign Terms) Covered Parking Space Cutting (see Tree Terms) Damage (see Tree Terms) dbh (diameter at breast height) (see Tree Terms) Decibel (see Noise Terms) Deck Demolition Distribution Line Density Bonus (see Residential Density Bonus Terms) Design Flood (see Floodplain Terms) Design Review Manual (see Sign Terms) Detached Sign (see Sign Terms) Developed Property (see Tree Terms)

Development

(see Floodplain Terms) Directional Sign (see Sign Terms) Discretionary Projects (see Tree Terms) District Donor (see Sign Terms) Double Frontage Lot (see Sign Terms) Drip Line (see Tree Terms) Driveway Dwelling (see Residential Structure Types) Dwelling Group (see Residential Structure Types) Dwelling Unit (see Residential Structure Types) Dwelling, Multiple Family (see Residential Structure Types) Dwelling, Single-Family (see Residential Structure Types) Dwelling, Single-Family Attached (see Residential Structure Types) Dwelling, Two-Family or Duplex

(see Residential Structure Types)

Electrical Code

(see Sign Terms)

Electromagnetic Radio Frequency Waves

(see Telecommunication Terms) Electronic Message Board

(see Sign Terms)

Emergency Work or Action (see Noise Terms)

Encroachment

(see Floodplain Terms) Enforcement Officer (see Sign Terms) Equal Conveyance (see Floodplain Terms) Equivalent Financial Value

(see Residential Density Bonus Terms)

Erected

Existing Manufactured Home Park or Subdivision

(see Floodplain Terms)

Expansion

(see Mining Terms)

Expansion to an Existing Manufactured Home Park or Subdivision

(see Floodplain Terms)

Exploration or Prospecting

(see Mining Terms)

Family

Flag or Patriotic Symbol

(see Sign Terms)

Flood Fringe

(see Floodplain Terms) Flood Insurance Rate Map (FIRM) (see Floodplain Terms) Flood Insurance Study (see Floodplain Terms) Flood or Flooding (see Floodplain Terms) Flood Protection (see Floodplain Terms) Flood Protection Elevation (see Floodplain Terms) Floodplain (see Floodplain Terms) Floodplain Administrator (see Floodplain Terms) Floodplain Area

(see Floodplain Terms) Floodplain District (FP) (see Floodplain Terms) Floodplain Management (see Floodplain Terms) Floodplain Management Regulations (see Floodplain Terms)

Floodplain Terms

Flood-Proofing

(see Floodplain Terms) Flood-Related Erosion (see Floodplain Terms) Floodway (see Floodplain Terms) Floor Area Ratio (FAR) Floor Area, Gross Floor Area, Net Fowl (Large) (see Animal-Related Terms) Freeboard (see Floodplain Terms) Fully Shielded (see Lighting Terms) Garage or Carport General Plan Grade

(see Swimming Pool and Hot Tub Terms) Grade, Average Grade, Existing Grade, Finished Grade, Street Ground-Mounted (see Telecommunication Terms) Half Story (see Story)

Height

Highest Adjacent Grade

(see Floodplain Terms)

Historic Structure

(see Floodplain Terms) Home Occupation

Hospital or Sanitarium

Hotel or Motel

Hydraulic Engineer Center Model 2 (HEC-2)

(succeeded by HEC-RAS)

(see Floodplain Terms) Hydraulic Engineering Center Model 1 (HEC-1) (succeeded by HEC-HMS)

(see Floodplain Terms)

Hydraulic Engineering Center Water Resources Council Model CPD-13

(see Floodplain Terms)

Idle

(see Mining Terms)

Illegal Sign

(see Sign Terms)

Illuminated Sign

(see Sign Terms)

Illumination Direct

Illumination Indirect

Intensity

(see Nonconforming Terms)

Intrusive Noise

(see Noise Terms)

Junkyard

Kitchen

Landmark or Heritage Tree (see Tree Terms) Landscape Light Trespass (see Lighting Terms) Lighting Terms Loading Space Logo (see Sign Terms) Lot Lot Frontage (Signs) Lot Line Types Lot Line, Corner (see Lot Line Types) Lot Line, Front (see Lot Line Types) Lot Line, Rear (see Lot Line Types) Lot Line, Side (see Lot Line Types) Lot Types Lot, Corner (see Lot Types) Lot, Double Frontage

(see Lot Types)

Lot, Flag

(see Lot Types) Lot, Interior (see Lot Types)

Lot, Reversed Corner (see Lot Types) Lot, Vacant (see Lot Types)

Lower- and Very Low-Income Households (see Residential Density Bonus Terms) Lowest Floor (see Floodplain Terms)

Manufactured Home

(see Floodplain Terms) Manufactured Home Park or Subdivision

(see Floodplain Terms)

Marquee

(see Sign Terms)

Marquee Sign (see Sign Terms) Mined Lands (see Mining Terms)

Minerals

(see Mining Terms)

Mining Terms

Mining Waste

(see Mining Terms)

Monument Sign

(see Sign Terms)

Nameplate (see Sign Terms) Natural Feature

New Construction (see Floodplain Terms)

New Manufactured Home Park or Subdivision

(see Floodplain Terms)

Noise Disturbance (see Noise Terms) Noise Level (see Noise Terms)

Noise Terms

Nonconforming Sign

(see Nonconforming Terms)

Nonconforming Sign

(see Sign Terms)

Nonconforming Site

(see Nonconforming Terms) Nonconforming Structure

(see Nonconforming Terms)

Nonconforming Terms Nonconforming Use (see Nonconforming Terms)

No-Rise Floodway and Flood Fringe

(see Floodplain Terms)

"O" District Occupancy, Change Occupied Off-Site Sign (see Sign Terms) Off-Street Loading Facilities One-Hundred-Year Flood (see Floodplain Terms) On-Site Sign (see Sign Terms) Open-Space Terms Open-Space Easement (see Open-Space Terms) Open-Space Land (see Open-Space Terms) Operator (see Mining Terms) Overburden (see Mining Terms) Owner (see Swimming Pool and Hot Tub Terms) Pennant (see Sign Terms) Permitted

Person

(see Standard and Tree Terms)

Personal Service

Plan Lines Planning Commission Pole Sign (see Sign Terms) Porch Portable Sign (see Sign Terms) Poultry (see Animal-Related Terms) Preexisting Preservation Preserved Tree (see Tree Terms) Private (see Outdoor Activity Areas) Private Open-Space Easement (see Open-Space Terms) Processing Facility (see Recycling Terms) Professional Office Project Promotional Temporary Signs (see Sign Terms) Public Open-Space (see Open-Space Terms) Public Open-Space Easement

(see Open-Space Terms)

Public Parking Area

Public Service, Seasonal or Special Community Event Signs (see Sign Terms) Qualified Professional (see Tree Terms) "R" District Real Estate Development Sign (see Sign Terms) Real Estate Sign (see Sign Terms) Real Property Boundary (see Noise Terms) Reclamation (see Mining Terms) Reconstruction Recreational Vehicle (see Floodplain Terms) Recyclable Material (see Recycling Terms) Recycling Facility (see Recycling Terms) Recycling Terms Rehabilitation Remedy a Violation (see Floodplain Terms)

Removal

(see Tree Terms)

Residential Density Bonus Terms Residential Lot, Gross Area Residential Lot, Net Area Residential Structure Types Reverse Vending Machine (see Recycling Terms) Riparian Vegetation (see Stream Buffer Terms) Riverine (see Floodplain Terms) Roof Line (see Sign Terms) Roof Sign (see Sign Terms) Room, Habitable Scenic or Riparian Corridor (see Floodplain Terms) School, Elementary or High Setback Line Shopping Center Shopping Center Identifier or Locator Sign (see Sign Terms) Shrub (see Tree Terms) Sign (see Sign Terms)

Sign Area

(see Sign Terms) Sign Height (see Sign Terms) Sign Terms Site Sniping (see Sign Terms) Sound Level Meter (see Noise Terms) Special Flood Hazard Area (SFHA) (see Floodplain Terms) Specified Anatomical Areas (see Adult Entertainment Terms) Specified Sexual Activities (see Adult Entertainment Terms) Standard Project Flood (see Floodplain Terms) Start of Construction (see Floodplain Terms) State Board (see Mining Terms) State Geologist (see Mining Terms) State-of-the-Art Sign Design (see Sign Terms)

Story

Stream Buffer Terms

Street

Street Line

Structural Alterations

Structure

(see Standard and Floodplain Terms)

Substantial Damage (see Floodplain Terms) Substantial Improvement (see Floodplain Terms) Supergraphic Wall Sign (see Sign Terms) Surface Mining Operations (see Mining Terms)

Swimming Pool and Hot Tub Terms Swimming Pool, or Pool (see Swimming Pool and Hot Tub Terms) Swimming Pool, Indoor (see Swimming Pool and Hot Tub Terms) Swimming Pool, Outdoor (see Swimming Pool and Hot Tub Terms)

Targeted Housing Units Telecom Definitions

Temporary Sign (see Sign Terms)

Tent

Time and Temperature Signs

(see Sign Terms)

Top of Bank

(see Stream Buffer Terms) Transmission Line Tree (see Tree Terms) Tree Terms Undeveloped Property (see Tree Terms) Uplighting (see Lighting Terms) Usable (see Outdoor Activity Areas) Use Use Accessory Variance (see Floodplain Terms) Velocity of Water (see Floodplain Terms) Violation (see Floodplain Terms) Visible Wall Mural (see Sign Terms) Wall Sign (see Sign Terms) Window Sign

(see Sign Terms)

Wireless Communication Facility

(see Telecommunication Terms)

Yard

(see Standard Terms and Outdoor Activity Areas)

Yard, Corner Side

(see Yard Terms)

Yard, Front

(see Yard Terms)

Yard, Rear

(see Yard Terms)

Yard, Side

(see Yard Terms)

(Ord. 2403 § 13 (part), 2008; Ord. 2381 § 16, 2007; Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

(Ord. No. 2443, § 7, 10-26-2009; Ord. No. 2450, § 5, 1-19-2010; Ord. No. 2590, § 27, 8-21-2018)

18.61.020 - Definitions.

Accessory Use. A use incidental and accessory to the principal use of a lot or a building located on the same lot.

Adult Entertainment Terms.

Adult Entertainment Business or Activity. An establishment that is not customarily open to the public but only to one or more classes of the public and that normally excludes any minor by reason of age. Such establishments usually charge a fee for a service or sale item to be purchased. It is a business that is characterized by emphasis on depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." Such term includes, but is not limited to, the following uses:

Adult Bookstore. An establishment that has a substantial or significant portion of its stock-in-trade, books, magazines or other periodicals that are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or an establishment with a segment or section devoted to the sale or display of such material and that excludes minors by virtue of age from all or part of the establishment.

Adult Cabaret. A cabaret that features go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers and that excludes minors by virtue of age.

Adult Drive-in Theater. A drive-in theater for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons and that excludes minors by virtue of age.

Adult Massage Parlor. Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments or any other treatment or manipulation of the human body occurs as part of or in connection with sexual conduct, or where any person providing such treatment, manipulation, or service related thereto exposes specified anatomical areas and that excludes minors by reason of age.

Adult Mini Motion Picture Theater. An enclosed building with a capacity of less than fifty persons used for presenting material distinguished or characterized by an emphasis or matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein and that excludes minors by virtue of age.

Adult Model Studio. Any place where for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by persons paying such consideration or gratuity and that excludes minors by virtue of age.

Adult Motel. A motel wherein material is presented that is distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas and that excludes minors by virtue of age.

Adult Motion Picture Arcade. Any place that the public is permitted or invited wherein coin- or slugoperated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas and that excludes minors by virtue of age.

Adult Motion Picture Theater. An enclosed building with a capacity of fifty or more persons used for presenting material depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein and that excludes minors by virtue of age.

Adult Sexual Encounter Center. Any business, agency, or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in sexual conduct or exposing of specified anatomical areas and that excludes minors by virtue of age.

Specified Anatomical Areas. Means the following: Less than completely and opaquely covered: (a) human genitals or pubic region, (b) female breast below a point immediately above the top of the areola. Human male genitals in a discernible turgid state, even if completely and opaquely covered.

Specified Sexual Activities. Means the following: Human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, or sodomy; fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

Affordable Unit, For Rent. A unit for which the total monthly rent, plus utilities for lower-income households, does not exceed thirty percent of sixty percent of the county median income and for very low-income households, thirty percent of fifty percent of the county median income.

Affordable Unit, For Sale. A unit for which the total monthly payment, including interest, taxes, insurance and utilities, does not exceed for lower-income households thirty percent of sixty percent of the county median income and for very low-income households, thirty percent of fifty percent of the county median income.

Alley. A public way permanently reserved as a secondary means of access to abutting property.

Alter. To make a change in the exterior appearance or the supporting members of a structure, such as bearing walls, columns, beams or girders, that will prolong the life of the structure. Routine maintenance is not considered an alteration.

Amusement Park. Any place of amusement open to the public not conducted wholly within a completed enclosed building.

Animal-Related Terms.

Animals. Horses, ponies, mules, burros, jacks, jennies, cows, bulls, calves, heifers, sheep, goats, swine, llamas, rabbits and all other domestic or domesticated animals other than household pets.

Animal (Exotic or Wild). An animal, including, but not limited to, a monkey, fox, poisonous snake, raccoon or other similar animal, including predatory or poisonous animals.

Animal (Household Pet). Any animal customarily permitted and kept in a dwelling and kept only for the company or pleasure provided to the occupants of the dwelling, such as a dog, cat, parakeet, tropical fish, hamster, rabbit, nonpoisonous snake, or Vietnamese pot-bellied pig.

Animal (Large). Any equine or bovine animal or other animal similar in size, weight or appearance, including, but not limited to, a horse, pony, mule, donkey, cow, llama, pigs, hogs, goats, sheep or ox.

Animal (Small). Poultry, rabbits and those other such comparably sized animals distinguished from those described as large animals.

Fowl (Large). Any ostrich, emus, rheas or similar flightless large birds.

Poultry. Pigeons, chickens, ducks, geese, turkeys and all other domestic or domesticated fowl other than household pets.

Automobile Trailer Terms.

Automobile Trailer. Any building or structure used for living or sleeping purposes and equipped with wheels or other means to facilitate movement from place to place and vehicles when used for living or sleeping

purposes.

Automobile Trailer Park. Any lot or parcel of land used for the accommodation of one or more automobile trailers occupied as living quarters.

Balcony. A platform that projects from the wall of a building, typically above the first level, and is surrounded by a rail, balustrade or parapet.

Basement. A space wholly or partly underground and having more than half its height, measuring from its floor to its ceiling, below the average adjoining grade. If the finished floor level directly above a basement is more than six feet above grade at any point, the basement shall be considered a story. Any basement level that has a habitable room shall be counted as a story.

Base Density. The number of dwelling units on a particular parcel of land that is in conformance with the general plan and zoning.

Block. All property fronting upon one side of a street between intersecting and intercepting streets or between a street and waterway, end of dead-end street, or city boundary. An intercepting street shall determine only the boundary of the block on the side of the street that it intercepts.

Boardinghouse or Rooming House. A residential building containing shared living quarters with a single kitchen where food and housing are provided for compensation. Does not include motels, hotels or bed and breakfast establishments.

Breezeway. A roofed, open-sided passageway connecting two structures, such as a house and a garage.

Building. Any structure used or intended for supporting or sheltering any use or occupancy.

Building, Accessory. A building which is used in support of or accessory to the principal building on a lot.

Building Coverage. The sum in square feet of the areas of the horizontal projections of all buildings on a lot, excluding open pergolas, steps, chimneys, eaves, buttresses, cornices, unenclosed and unroofed terraces and minor ornamental features projecting from the walls of the building. The features are not directly supported by the ground.

Building Height. The vertical distance from finished grade to the highest structural point of the building as measured plumb from all points along such grade.

Building, Main. See Building, Principal.

Building, Principal. A building in which is conducted the principal use of the lot on which it is located. Also referred to as "main building."

Building Site. A lot or parcel of land in single or joint ownership and occupied or to be occupied by a main building and accessory buildings or by a dwelling group and its accessory buildings, together with such open-spaces as are required by the terms of this title and having its principal frontage on a "street" as defined in this chapter.

Business. The purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity for livelihood or profit; or the ownership or management of office buildings, offices, recreational or amusement enterprises; or the maintenance and use of offices by professions and trades rendering services.

"C" District. Means one or more of the following commercial districts: "NC" Neighborhood Commercial, "SC" Shopping Center, "RC" Regional Commercial, "GC" General Commercial or "HC" Heavy Commercial.

Caretaker's Quarters. A dwelling unit on the site of a commercial, industrial, public or semipublic use, occupied by a guard or caretaker.

Charitable/Philanthropic Institution. Any nonprofit organization to administer charity, consistent with existing laws, for the benefit of an indefinite number of persons by bringing their minds or hearts under the influence of education or religion; by relieving their bodies from disease, suffering or constraint; by assisting them to establish themselves in life; by erecting or maintaining public buildings or works; or by otherwise lessening the burden of government.

Church. A building, together with its accessory buildings and uses, where persons regularly assemble for worship. The building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

City Council. The city council of the city.

Club. An association of persons, whether incorporated or unincorporated, for some common purpose, but not including groups organized primarily to render a service carried on as a business.

Collection Building. Buildings with a gross floor area of two hundred twenty-five square feet or less used for the deposit and storage of recyclables.

Covered Parking Space. An accessible and usable covered space of not less than ten by twenty feet for storage of automobiles—such covered parking space to be so located on the lot as to meet the requirements of this title for an accessory building or, if attached to the main building, to be so located as to meet all the requirements of this title for a main building.

Deck. A platform, either freestanding or attached to a building, that is supported by pillars or posts (see also Balcony).

Demolition. Any act or process that destroys in whole or in part a cultural resource or other structure within an historic district.

Distribution Line. An electric power line bringing power from a distribution substation to consumers.

District. A portion of the city within which certain uses of land and buildings are permitted or prohibited and within which certain yards and other open-spaces are required and certain height limits are established for buildings, all as set forth and specified in this title.

Driveway. A paved area on a lot necessary to provide direct access for vehicles between a street and either:

■

An area on a residential lot containing four or fewer parking spaces.

■

An aisle between spaces in a parking lot.

■

A loading berth.

■

A refuse storage area.

Erected. Includes built, constructed, reconstructed, moved upon or any physical operations on the premises required for the building. Excavations, fill drainage and the like shall be considered a part of the erection.

Family. An individual or two or more persons occupying a dwelling and living together as a single nonprofit housekeeping unit.

Floodplain Terms.

Accessory Structure. A structure equal to or exceeding 120 square feet in size that is located on the same parcel of property as the principal structure and is used solely for the parking of cars and/or storage.

Appeal. A request for a review of the floodplain administrator's interpretation of any provision of this chapter or a request for a variance.

Area of Shallow Flooding. A designated AO or AH Zone on the flood insurance rate map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of Special Flood Hazard. See "Special Flood Hazard Area."

Base Flood. A flood having a one percent chance of being equaled or exceeded in any given year. Same as the one-hundred-year flood.

Base Flood Elevation. The elevation for which there is a one-percent or greater chance in any given year that flood levels will equal or exceed it.

Basement. Any area of the building having its floor below ground level on all sides.

Base Floodplain. The area covered by a base flood which is generally defined by FEMA as Zone A, AO, A130 and AE on the flood insurance rate map or the base flood area or elevation shown on any drainage study approved or adopted by the city (citywide storm drain master plan by Montgomery-Watson Engineers dated October 1993), whichever is highest.

Contiguous To. Property bordering the base floodplain which would have a finished lot level of less than one foot above the base flood elevation, unless otherwise protected.

Design Flood. The flood against which protection is to be provided by means of land-use regulation or flood-protective or flood-control works. The design flood shall be the base flood recurrence interval (see "Base Flood" definition).

Development. Any manmade change to improved or unimproved real estate, including but not limited to, buildings or other structures, mining, dredging, filling, grading, landscaping, paving, excavation, drilling operations or storing equipment or materials.

Encroachment. The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.

Equal Conveyance. An equal amount of encroachment on both sides of a channel and an equal displacement of water or narrowing of the natural channel.

Existing Manufactured Home Park or Subdivision. A manufactured home park, subdivision or planned

development for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed before January 19, 1988.

Expansion to an Existing Manufactured Home Park or Subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Flood or Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of floodwaters, (2) the unusual and rapid accumulation or runoff of surface waters from any source, and/or (3) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water accompanied by a severe storm or by an unanticipated force of nature, such as a flash flood or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition.

Flood Fringe. The area between the one-hundred-year flood boundary and the floodway shown on the flood insurance rate maps incorporated in the flood insurance study or on the citywide storm drain master plan, whichever is highest.

Flood Insurance Rate Map (FIRM). The official map on which the Federal Insurance Administration has delineated the "floodway," the "floodplain," and "risk-premium" zones applicable to the city.

Flood Insurance Study. The official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the watersurface elevation of the base flood.

Floodplain. This means the floodway, flood fringe, and means the same as "base floodplain" and the "area of special flood hazard." "Floodplain" or "floodplain area" means any land area susceptible to being

inundated by water from any source. (See definition of "Flooding.") The elevations and boundaries of flooding within the floodplain are defined by Zones A, AO, A1-30 and AE of the flood insurance rate map prepared by the Federal Emergency Management Agency or as shown on any drainage study (citywide storm drain master plan by Montgomery-Watson Engineers dated October 1993) approved or adopted by the city, whichever is highest. For creeks where floodplain elevations with a detailed study have not been established by FEMA or the citywide storm drain master plan, the elevations shall be determined by a registered civil engineer and approved by the planning commission pursuant to Section 18.51.100 of this title. Backwater areas along the Sacramento River or creeks which rise or fall with the level of water in the adjacent stream are considered to be within the floodplain, unless proven by a licensed hydrologist/engineer that those water levels are not the same as the floodplain of the adjacent stream and have a floodplain of their own.

Floodplain Administrator. The development services director or the designee appointed to administer and enforce the city's floodplain-management regulations and the city's community rating service (CRS) program.

Floodplain Area. An area having flood, mud slide (i.e., mud flow) and/or flood-related erosion hazards as shown on a FIRM or flood boundary and floodway map and also that area shown on any drainage study (citywide storm drain master plan) approved or adopted by the city, whichever is highest.

Floodplain District (FP). A zoning district that is combined with other zoning designations of lots that are either wholly or partially within the floodplain.

Floodplain Management. The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood-control works, floodplain-management regulations, and open-space plans.

Floodplain Management Regulations. Zoning ordinances, subdivision regulations, building codes, health regulations, special-purpose ordinances (such as floodplain ordinance, grading ordinance and erosioncontrol ordinance) and other applications of police power. The term describes such state or local regulations in any combination thereof that provide standards for the purpose of flood-damage prevention and reduction.

Floodproofing. Any combination of structural and nonstructural additions, changes or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities and structures and their contents.

Flood Protection. An action taken to protect property and structures from inundation by the base flood or greater event.

Flood Protection Elevation. An elevation expressed in feet that the city requires for elevation of the lowest floor above the one-hundred-year floodplain. The city's required flood protection elevation is a minimum of one foot. The one-hundred-year floodplain is defined by the flood insurance rate maps prepared by FEMA or the citywide storm drain master plan by Montgomery-Watson Engineers, whichever is highest.

Flood-Related Erosion. The collapse or subsidence of land along the shore of a river, creek or other body of water as a result of erosion or undermining caused by currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water accompanied by a severe storm or by an unanticipated force of nature, such as a flash flood or by some similarly unusual and unforeseeable event which results in flooding.

Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "Floodway" includes those areas so designated on any drainage study approved or adopted by the city.

Freeboard. A factor of safety expressed in feet above a flood level for purposes of floodplain-management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings and the hydrological effect of urbanization of the watershed.

Highest Adjacent Grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic Structure. A structure that is either one of the following:

■

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

■

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

■

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

■

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

Hydraulic Engineering Center Model 1 (HEC-1) (succeeded by HEC-HMS). The model is designed to simulate the surface runoff response of a stream basin to precipitation by representing the basin as an interconnected system of hydrologic and hydraulic components. Each component models an aspect of the precipitation-runoff process within a portion of the basin, commonly referred to as a subbasin. A component may represent a surface-runoff entity, a stream channel, or a reservoir. Representation of a

component requires a set of parameters which specify the particular characteristics of the component and mathematical relations which describe the physical processes. The result of the modeling process is the computation of stream flow by hydrographs at desired locations in the stream basin. The model can be used in making flood predictions from rainfall runoff for any state of upstream urbanization. In so doing, the model considers time of concentration and detention characteristics of the tributary area. The model can also be used to estimate the velocity of surface water but cannot be used to determine backwater-curve elevations. A hydraulic computer program (HEC-2) is generally used in conjunction with HEC-1 to obtain backwater curves or surface-water profiles. The model can also be used to develop discharge-frequency curve and associated levels of confidence through sensitivity analysis of rainfall and runoff parameter input.

Hydraulic Engineer Center Model 2 (HEC-2) (succeeded by HEC-RAS). This model is intended for calculating water-surface profiles for steady, gradually varied flow in natural or manmade channels. Both subcritical and supercritical flow profiles can be calculated. The effects of various obstructions, such as bridges, culverts, weirs and structures, in the floodplain may be considered in the computations. The computational procedure is based on the solution of the one-dimensional energy equation with energy loss due to friction evaluated with Manning's equation. The computational procedure is generally known as the Standard Step Method. The program is also designed for application in floodplain-management and flood insurance studies to evaluate floodway encroachments and to designate flood-hazard zones. Also, capabilities are available for assessing the effects of channel improvements and levees on water-surface profiles.

Hydraulic Engineering Center Water Resources Council Model CPD-13. This model is used in calculating the flood-frequency curve from data over a period of time from stream-gauge history of sufficient length (forty years, if available; if only twenty years or less is available, several gauges or other methodologies should be considered). The model is capable of developing confidence limits associated with the frequency curve.

Water Resources Council Model CPD-13. This model is used in calculating the flood-frequency curve from data over a period of time from stream-gauge history of sufficient length (forty years, if available; if only twenty years or less is available, several gauges or other methodologies should be considered). The model is capable of developing confidence limits associated with the frequency curve.

Lowest Floor. The lowest floor of the lowest enclosed area, including a basement. An unfinished or floodresistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor provided that it conforms to applicable nonelevation design requirements, including, but not limited to:

■

The wet floodproofing standard in Section 18.51.080(D)(3) of this title;

■

The anchoring standards in Section 18.51.080(B) of this title;

■

The construction materials and methods standards in Section 18.51.080(C) of this title;

■

The standards for utilities in Section 18.51.080(E) of this title.

For residential structures, all subgrade enclosed areas are prohibited because they are considered to be basements. This prohibition includes below-grade garages and storage areas.

Manufactured Home. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

Manufactured Home Park or Subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

New Construction. For floodplain-management purposes, this means structures for which the "start of construction" commenced on or after the effective date of floodplain-management regulations adopted by this community (July 1, 1985) and includes any subsequent improvements to such structures.

New Manufactured Home Park or Subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after July 1, 1985.

No-Rise Floodway and Flood Fringe. This refers to maintenance of the city's floodway and floodplain fringe with no rise in floodplain elevations that would adversely affect properties.

One-Hundred-Year Flood. The same as "base flood."

Recreational Vehicle. A vehicle which is:

■

Built on a single chassis.

■

Four hundred square feet or less when measured at the largest horizontal projection.

■

Designed to be self-propelled or permanently towable by a light-duty truck.

■

Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use.

Remedy a Violation. To bring the structure or other development into compliance with state or local floodplain-management regulations or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include:

■

Protecting the structure or other affected development from flood damages.

■

Implementing the enforcement provisions of the ordinance codified in this title or otherwise deterring future similar violations.

■

Reducing state or federal financial exposure with regard to the structure or other development.

Riverine. Relating to, formed by or resembling a river (including tributaries), stream, brook, etc.

Scenic or Riparian Corridor. Includes areas that border segments of seasonal creeks and all the Sacramento River's floodplain which contain vegetation natural to waterways.

Special Flood Hazard Area (SFHA). An area having special flood or flood-related erosion hazards and shown on a FIRM as Zone A, AO, A1-30, AE or AH.

Standard Project Flood. The largest flood that can be expected from the most severe combination of meteorological and hydrological conditions reasonably characteristic of the geographical region involved. Such a flood provides a reasonable upper limit to be considered in designing flood-control works and in delineating floodplain limits and shall be generally applicable where its occurrence would have a high probability of hazard to human life.

Start of Construction. Includes substantial improvement and other proposed new development and means the date the building permit was issued provided that the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within one hundred eighty days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure. A walled and roofed building with two (2) or more outside rigid walls from floor to roof and a fully secured roof that is permanently affixed to and principally above the ground. This includes a mobile building or manufactured home or a gas- or liquid-storage tank.

Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred. Substantial damage also means flood-related damage sustained by structure on two or more separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceed twenty-five percent of the market value of the structure before the damage occurred.

Substantial Improvement. Any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. Market value will be estimated using the tax assessed value of the structure, excluding the land value. If the improvement/repair cost (as determined by the valuation of the building permit application) is less than or equal to forty percent of the market value estimate, then the improvement/repair is not a substantial improvement. If the improvement/repair cost is greater than forty percent of the market value estimate, then the improvement/repair is a potential substantial improvement and a certified appraisal shall be submitted. The appraisal shall determine the value of the structure being improved, separate from the land value. The term "substantial improvement" does not, however, include either:

■

Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to ensure safe living conditions.

■

Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places provided that the alteration will not preclude the structure's continued designation as a "historic structure."

When the combined total of all improvements or repairs made after the adoption of this code equals or exceeds fifty percent of a structure's market value, that structure is considered to be substantially improved. Substantial improvement also includes any addition which increases the original floor area of a building by twenty-five percent or more.

Variance. A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

Velocity of Water. The rate of flow measured in feet per second at specified depths within the floodway, flood fringe or area immediately adjacent to a proposed floodplain encroachment.

Violation. The failure of a structure or other development to be fully compliant with the city's floodplainmanagement regulations. A structure or other development without the elevation certificate, other certifications or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.

Floor Area, Gross. The total interior floor area of all stories of a building or structure, including basements as well as aboveground stories. It excludes any crawl space, area used exclusively for vehicle parking or loading, breezeway, attic without floor and any open porch, deck, balcony or terrace.

Floor Area, Net. The total of all portions of interior floor area of each floor, basement, attic or other area under the roof. It excludes portions thereof used solely for corridors, balconies, employee lounges, elevator shafts, stairways, restrooms, basement or attic areas having a height of more than seven feet, closets, vaults, storage areas, climatic control areas, janitorial storage areas, parking or loading areas; in industrial

areas, storage sheds with less than one hundred fifty square feet of space, bunkers, electrical substations, smoking shelters, instrument shelters and similar enclosures. The following areas shall be included within net floor area:

■

Lobbies of banks or financial or lending institutions.

■

Outdoor uncovered retail sales area, excepting plant nurseries and auto-sales lots.

■

Waiting rooms used by the public in connection with offices, professional offices and similar establishments.

Floor Area Ratio (FAR). The net floor area of a building or buildings on a lot divided by the lot area or site area.

Garage or Carport. An accessible and usable covered space of not less than ten by twenty feet for storage of automobiles.

General Plan. The city of Redding general plan.

Grade, Average. The average level on the surface defined as the shortest distance between finished grade at the highest and lowest sides of a structure.

Grade, Existing. The level of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project regulated by this chapter.

Grade, Finished. The point of the elevation of the finished surface of the ground. For purposes of determining building height, finished grade is the grade at the building foundation. In the case of signs, grade is the lowest point of elevation of the finished surface of the ground at the base of the sign or, in the case of a double support, the lowest point of elevation of the finished surface of the ground at the supports.

Grade, Street. The top of the curb or the top of the edge of the pavement or traveled way where no curb exists.

Height. See Rules of Measurement, Section 18.62.080 of this title.

Home Occupation. An accessory use of a dwelling unit for lawful business purposes. A home occupation is incidental to the primary use of the building as a residence.

Hospital or Sanitarium. Any institution, place, building or agency that maintains and operates organized facilities for the diagnosis, care or treatment of human illness, including convalescence and including care during and after pregnancy or that maintains and operates organized facilities for any such purpose, and to which persons may be admitted for overnight stay or longer. "Hospital" includes nursing home, maternity home and lying-in asylum.

Junkyard. A place where any of the following described materials are collected, stored or placed, except where the use or activity is conducted wholly within a completely enclosed building, including the following:

■

The collection, storage or placing of worn out, discarded or scrapped goods or materials that may be turned to some use such as rope, chains, iron, copper, furniture, stoves, enamelware, paper, bottles, used pipes, used machinery, parts of dismantled machinery or vehicles.

■

The collection, storage, or placing of any used material other than gems, precious metal or material containing precious metal, having a value that is determined wholly by the weight thereof.

■

The collection, storage or placing of any used material other than gems, precious metal or material containing precious metal that has no ordinarily practical use in the form in which it exists when so collected, stored or placed.

Kitchen. A room for cooking or preparation of food and dishwashing, but not including a bar, butler's pantry or similar room adjacent to or connected with a kitchen.

Landscape. To plant and maintain some combination of trees, ground cover, shrubs, vines, flowers or lawn. Required landscape may include natural features, such as existing or imported rock and structural features, including fountains, pools, art work, plazas, screens, walls or fences. Plants on rooftops, porches or in boxes attached to buildings are not considered landscape.

Lighting Terms.

Architectural Lighting. Lighting which is either directed towards a building with the intent of highlighting an architectural or landscape feature or a light fixture which is architecturally ornamental in purpose.

Fully Shielded. A luminaire or light fixture that by design of the housing does not allow any light dispersion or direct glare to shine above a ninety-degree horizontal plane from the base of the fixture. Fully shielded fixtures must be installed in a horizontal position as designed, or the purpose of the design is defeated and disability glare will result.

==> picture [216 x 36] intentionally omitted <==

Light Trespass. Light from an artificial light source that is intruding into an area where it is not wanted or does not belong.

Uplighting. Any light source that distributes illumination above a ninety-degree horizontal plane.

Liquor Store. A retail establishment that devotes more than fifty percent of its floor area for the display, storage and sale of beer, wine, distilled or fermented liquor or related items.

Loading Space. An off-street space or berth on the same lot within a building or contiguous to a group of buildings for the temporary parking of a vehicle while loading or unloading merchandise or materials or people and which abuts on a street, service drive, alley or other appropriate means of access.

Lot. A parcel of real property as shown with a separate and distinct number or letter on a plot recorded or filed with the recorder of the county or parcel of real property with street frontage or acreage width of not less than specified by this code and Title 17, Subdivisions.

Lot Frontage (Signs). The length of improved property on a lot that is bordered by an improved public street from which the lot may take vehicle access. For lots without frontage (including frontage limited to driveway access) the net lot area may be used to calculate the maximum sign area.

Lot Line Types.

Lot Line, Front. The property line dividing a lot from a street. On a corner lot, only one street line shall be considered as a front line, as determined by the building official upon issuance of a building permit or the demarcation made on a final or parcel map.

Lot Line, Corner. On a corner lot, the lot line dividing a lot from the street that is not considered the front lot line, as determined by the building official.

Lot Line, Rear. The line or lines, most parallel with the front lot line. Where no lot line is within forty-five degrees of being parallel to the front lot line, a line ten feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, shall be deemed the rear lot line for the purpose of measuring rear yard depth.

Lot Line, Side. Any lot lines other than front lot lines or rear lot lines.

Lot Types.

Lot, Corner. A lot or parcel of land situated at the intersection of two or more streets having an angle or intersection of not more than one hundred thirty-five degrees.

Lot, Double Frontage. A lot having frontage on more than one street. Each frontage from which access is permitted shall be deemed a front lot line.

Lot, Flag. A lot having access to a public street by means of a private right-of-way strip that shares fee ownership with the balance of the lot.

Lot, Improved. Any land containing a principal building or otherwise improved to conduct a nonresidential activity.

Lot, Interior. A lot that is not a corner lot.

Lot, Reversed Corner. A corner lot the side street line of which is substantially a continuation of the front lot line of the first lot to its rear.

Lot, vacant. Land without buildings or other structures.

==> picture [180 x 177] intentionally omitted <==

Section 18.61.020 LOT TYPES

Mining Terms.

Expansion. Increase in the intensity of mining or on-site processing operations that have an adverse impact on environmental issues, such as noise, dust creation, traffic flow or water quality or any expansion to the boundaries of the area to be mined.

Exploration or Prospecting. The search for minerals by geological, geophysical, geochemical or other techniques, including, but not limited to, sampling, assaying, drilling or any surface or underground works needed to determine the type, extent or quantity of minerals present.

Idle. To curtail for a period of one year or more surface mining operations by more than ninety percent of the operation's previous maximum annual mineral production with the intent to resume those surface mining operations at a future date.

Mined Lands. Includes the surface, subsurface and groundwater of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, and land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools, or other materials or property that result from, or are used in, surface mining operations are located.

Minerals. Any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, coal, peat, and bituminous rock, but excluding geothermal resources, natural gas and petroleum.

Mining Waste. Includes the residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools or other materials or property directly resulting from, or displaced by, surface mining operations.

Operator. Any person who is engaged in surface mining operations himself or herself or who contracts with others to conduct operations on his or her behalf, except a person who is engaged in surface mining operations as an employee with wages as his or her sole compensation.

Overburden. Soil, rock or other materials that lie above a natural mineral deposit or in between mineral deposits, before or after their removal, by surface mining operations.

Reclamation. The process of land treatment that minimizes water degradation, air pollution, damage to aquatic and wildlife habitat, flooding, erosion and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition, which is readily adaptable for alternate land-uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined lands and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization or other measures.

State Board. State Mining and Geology Board in the Department of Conservation, state of California.

State Geologist. Individual holding office as structured in Section 677 of Article 3, Chapter 2 of Division 1 of the Public Resources Code.

Surface Mining Operations. All or any part of the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations shall include, but are not limited to:

■

In-place distillation, retortion or leaching.

■

The production and disposal of mining waste.

■

Prospecting and exploratory activities.

Natural Feature. Any tree, plant life, water feature or rock outcropping.

Noise Terms.

A-weighted Sound Level. The sound level in decibels as measured on a sound level meter using the A- weighting network weighted to the range of human hearing. The level so read is designated dB[A ] or dBA.

Ambient Noise. All-encompassing noise associated with a given environment, being usually a composite of sounds from many sources near and far. For the purpose of this chapter, the ambient noise level is the level obtained when the noise level is averaged over a period of fifteen minutes without the inclusion of noise from isolated identifiable sources at the location and time of day near that at which a comparison is to be made.

Construction. Any site preparation, assembly, erection, substantial repair, alteration or similar action for or on public or private rights-of-way, structures, utilities or similar property.

Decibel. A unit for measuring the amplitude of a sound equal to twenty times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is twenty micropascals.

Emergency Work or Action. Work or action made necessary to restore property to a safe condition after a public calamity, or work required to protect persons or property from imminent exposure to danger or damage or work by public or private utilities to restore utility service.

Intrusive Noise. That noise which intrudes over and above the existing ambient noise at a given location. The relative intrusiveness of a sound depends upon its amplitude, duration, frequency and time of occurrence, and tonal or informational content, as well as the prevailing ambient noise level.

Noise Disturbance. Any sound which:

■

Endangers or injures the safety or health of human beings or animals;

■

Annoys or disturbs a reasonable person of normal sensitivities;

■

Endangers or injures personal or real property.

Noise Level. A-weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of twenty micropascals. The unit of measurement shall be designated as dB[A ] .

Real Property Boundary. An imaginary line along the ground surface and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra-building real property divisions.

Sound Level Meter. An instrument, including a microphone, an amplifier, an output meter and frequency weighting networks for the measurement of sound levels, which meet or exceed the requirements pertinent for type S1A meters in the American National Standards Institute Specifications for sound level meters, S1.4-1971 or the most recent revision thereof.

Nonconforming Terms.

Abandoned. A use has ceased or a structure has been vacated for a time period as specified in this chapter. Abandonment does not include temporary or short-term interruptions to a use or occupancy of a structure during periods of remodeling, maintaining or otherwise improving or rearranging a facility.

Intensity. The measurable impacts which a use has on infrastructure, the environment or nearby property and uses.

Intensification of Use. Any change in mode or character of operations which is determined by the director likely to result in a significant new or increased impact due to potential traffic generation, noise, smoke, glare, odors, hazardous materials, water use, and/or sewage generation, shall be considered an "intensification of use" of a nonconforming use.

Nonconforming Parcel. A parcel of record that does not comply with the access, area, or width requirements of the zoning district in which the parcel is located.

Nonconforming Site. A site which contains a structure that does not comply with the setback, lot coverage, or other site requirements and/or requirements for parking, landscaping, storage and display areas, or other non-use restrictions or requirements established by the zoning ordinance or any amendments thereto, but which complied with the non-use restrictions or regulations in existence at the time of construction of the improvements.

Nonconforming Structure. A structure which by its design and construction (e.g. an industrial building in a residential district) does not conform to structures typically associated with the underlying zoning district established by this title or any amendment thereto, but which complied with the non-use restrictions or regulations in existence at the time of the construction of the building or structure.

Nonconforming Use. Any use, whether of a building, structure, or parcel (lot or tract of land), which does not conform to the land-use regulations of this title for the zone in which such use is located, either on the effective date of this title or as a result of subsequent amendments which may be made to this title or by reason of annexation of territory to the city.

"O" District. Means one or more of the following office districts: "LO" limited office or "GO" general office.

Occupancy, Change. A discontinuance of an existing use and the substitution therefore of a use of a different kind or class.

Occupied. Arranged, designed, built, altered, converted, rented or leased, or intended to be occupied.

Off-Street Loading Facilities. A site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives and landscaped areas.

Open-Space Terms.

Open-Space Land. Open-space land is any parcel or area of land or water which is essentially unimproved and devoted to open-space use as follows:

■

Creeks, rivers, ponds and areas within the one-hundred-year floodplain of a stream, creek or river as established by the Federal Emergency Management Agency and/or hydrology study accepted by the city.

■

Areas with steep slope exceeding twenty percent and other unstable soil areas.

■

Areas having scenic, historic, archaeological and/or cultural value.

■

Other open-space land-uses as described by the conservation and open-space element of the general plan or as defined by the state in Government Code Section 65560(b), incorporated by reference in this title and as amended from time to time.

Open-Space Easement. As defined in Government Code Section 51075(D), open-space easement is any right or interest in open-space land acquired by the city by map or separate instrument which imposes restrictions that effectively preserve for public and/or private use or enjoyment the unimproved, natural or scenic character of such open-space land.

Public Open-Space Easement. An open-space easement upon land over which the public has obtained an easement for open-space purposes whereupon the public has the right to use of the property.

Private Open-Space Easement. An open-space easement upon an area of private property that is set aside for open-space purposes whereupon the public does not have a right to access or use of the property.

Public Open-Space. Land owned by the city in fee which has been set aside for open-space purposes whereupon the public has the right to access and use of the property.

Outdoor Activity Areas.

Private. An open area outside a building adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.

Common. An open area within a residential development reserved for the exclusive use of residents of the development and their guests.

Usable. An outdoor or fenced area on the ground or on a roof, balcony, deck, porch or terrace designed and accessible for outdoor living, recreation, pedestrian access or landscape, but excluding parking facilities, driveways, utility or service areas, or any required front or corner side yard and excluding any space with a dimension of less than six feet in any direction or an area of less than thirty-six square feet.

Yard. An open-space on the same site as a structure, unoccupied and unobstructed by structures from the ground upward, except as otherwise provided in this chapter, including a front yard, side yard, corner side yard or rear yard.

Permitted. Allowed without a requirement for approval of a conditional use permit or temporary use permit.

Person. Also includes association, firm, co-partnership or corporation.

Plan Lines. Official lines established by law in accordance with the master street and highway plan of the city for the purpose of establishing the alignment and width of public streets in accordance with their projected design as provided in the master street and highway plan of the city. Buildings or other structures erected thereafter must be located outside the lines establishing the width of public streets and alleys.

Planning Commission. The city planning commission.

Porch. A covered platform, usually having a separate roof, at an entrance to a dwelling or an open or enclosed gallery or room, which is not heated or cooled, that is attached to the outside of a building.

Preexisting. In existence prior to the effective date of this chapter.

Preservation. The act or process of applying measures to sustain the existing form, integrity and material of a building or structure and the existing form and vegetative cover of a site.

Project. Any proposal for new or changed use or for new construction, alteration or enlargement of any structure that is subject to the provisions of this chapter.

Public Parking Area. An open area, other than a street, used for the temporary parking of more than four automobiles and available for public use, whether free, for compensation, or as an accommodation for clients or customers.

"R" District. Means one or more of the following residential districts: "RL" rural lands, "RE" residential estate, "RS" residential single-family or "RM" residential mixed housing.

Reconstruction. The act or process of reproducing by new construction the exact form and detail of a vanished building, structure, or object, or a part thereof, as it appeared at a specific period of time.

Recycling Terms.

Processing Facility. A building or enclosed space used for the collection and processing of recyclable material and/or used motor oil by such means as flattening, mechanical sorting, compacting, bailing, shredding, grinding, crushing and cleaning.

■

A light-processing facility occupies less than forty-five thousand square feet and includes equipment for baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials, except ferrous metals other than food and beverage containers, and repairing of reusable materials.

■

A heavy-processing facility is any processing facility other than a light-processing facility.

Recyclable Material. Reusable material, including, but not limited, to metals, glass, plastic and paper, which are intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials, but may include used motor oil.

Recycling Facility. A center for the collection and/or processing of recyclable materials.

Reverse Vending Machine. An automated mechanical device that accepts at least one or more types of empty beverage containers, including aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip. A reverse vending machine may sort and process containers mechanically, provided that the entire process is enclosed within the machine.

A single-feed revenue vending machine is designed to accept individual containers one at a time.

A bulk reverse vending machine is designed to accept more than one container at a time and to compute the refund or credit due on the basis of weight.

Rehabilitation. The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use, while preserving those portions or features of the property that are significant to its historical, architectural and cultural values.

Residential Density Bonus Terms.

Affordability. The economic feasibility to construct lower-income housing in the proposed development.

Affordable Housing. Housing costs as defined in Section 5005.2 of the Health and Safety Code or rents at qualifying levels for lower-income or very low-income households.

Density Bonus. An increased density of at least twenty-five percent over the maximum authorized density which is granted to a developer/property owner of a housing project agreeing to construct a prescribed percentage of lower-income units as defined by the state of California Government Code Section 65915, et seq.

Equivalent Financial Value. The cost to the developer/property owner based on the land cost per dwelling unit. This is determined by the difference in the value of the land with and without the density bonus.

Lower- and Very Low-income Households. Income limits published by the State Department of Housing and Community Development. This applies to both for-rent and for-sale housing.

Residential Structure Types.

Apartment. A room or suite of rooms occupied or suitable for occupancy as a residence for one family.

Dwelling. A building designed exclusively for residential occupancy, including single-family, duplex and multiple-family, but not including a hotel, motel, boardinghouse, asylum or jail, where people are housed by reason of illness or under legal restraint.

Dwelling Unit. One or more habitable rooms designed for occupancy by only one family for living and sleeping purposes and having a kitchen.

Dwelling, Multiple Family. A building, or portion thereof, used and designed as a residence for three or more families living independently of each other with an individual kitchen for each, including apartment houses, apartment hotels and flats, but not including automobile courts.

Residential Lot, Gross Area. The area of a lot excluding slopes that exceed twenty percent and the onehundred-year floodplain areas recognized by the city (such as FEMA and Montgomery-Watson).

Residential Lot, Net Area. The area of a lot excluding slopes that exceed twenty percent, one-hundred-year floodplain areas recognized by the city, public and private streets, lands zoned or proposed to be zoned "OS" open-space district or "PF" public facilities district and/or areas required or proposed to be preserved in association with environmental features located on the lot (i.e., wetlands and associated buffer areas).

Room, Habitable. An unsubdivided portion of the interior of a dwelling unit, excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms, garages and similar spaces.

School, Elementary or High. An institution of learning that offers instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the state. High schools include junior and senior.

Setback Line. A line within a lot parallel to a corresponding lot line that is the boundary of any specified front, side, corner side or rear yard or a line otherwise established to govern the location of buildings, structures or uses. Where no minimum front, side, corner side or rear yards are specified, the setback line shall be coterminous with the corresponding lot line.

Shopping Center. A unified group of retail businesses and service uses on a single site with common parking facilities. A shopping center may include pads for future buildings.

Sign Terms.

Abandoned Sign. Advertising display that was lawfully erected, but whose use has ceased or the structure upon which the sign was displayed has been abandoned by its owner for a period of not less than thirty days.

Accessory Sign. A secondary-in-purpose sign that provides on-site information concerning the business that is not indicated on the primary identification sign(s), such as store hours, accepted credit cards, quality ratings or affiliations, vacancies, parking and traffic direction.

Advertising. Any promotion primarily intended to attract attention to goods or services rendered upon property whereupon the advertising is occurring.

Aggregate Sign Area. The total area of all signs on a lot, including temporary promotional signs.

Animated Sign. Any sign that has mechanical movement, rotation or change of lighting to depict action or create a special effect or scene.

Approved Combustible Materials. Wood or materials not more combustible than wood.

Approved Combustible Plastics. Plastics that, when tested in accordance with ASTM standard method of testing for flammability of plastics over 0.050-inch thickness (D635-44), burn no faster than two and onehalf inches per minute in sheets of 0.06-inch thickness.

Appurtenant Sign. A sign pertaining to the business or activity carried on at the premises (lot) upon which the sign is located, constructed or erected.

Architectural Feature. Prominent or characteristic part of a building. Examples of architectural features are windows, columns, awnings, marquees and fascias.

Awning. A cloth, plastic or other flexible nonstructural covering that is either permanently attached to a building or can be raised or retracted to a position against the building when not in use.

Awning Sign. A sign incorporated into or attached to an awning or canopy.

Banner. A sign of temporary construction made of vinyl, canvas or equally similar flexible material.

Beacon or Searchlight. Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move.

Billboard. A freestanding, off-site sign made available for lease or rent and/or governed by the Outdoor Advertising Act.

Canopy. A permanent roof-like shelter, either freestanding or supported by a building.

Canopy Sign. Any advertising of any nature that is painted, printed, sewed or otherwise attached to a canopy.

Changeable Copy Sign. A sign on which the copy changes manually or automatically using, but not limited to, a lamp bank or through mechanical means. This includes, but is not limited to, electronic message boards, large television or projector screens (i.e., Sony Jumbo/tron and similar devices), or electrical or electronic time and temperature units.

Conforming Sign. A sign shall be said to conform when it meets all the standards and regulations established by this chapter and the Uniform Building Code as adopted by the city.

Copy. Any graphic, letter, numeral, symbol, insignia, text, sample, model, device or combination thereof, which relates to advertising, identification or notification.

Design Review Manual. A policy document with graphics and text that is used by the city to further clarify the meaning of this chapter and to judge the appearance and acceptability of proposed signs and murals that require design review as part of permit approval.

Detached Sign. A pole, monument or shopping center identification sign.

Directional Sign. An on-site accessory sign designed to guide or direct pedestrian or vehicular traffic.

Donor. Any person, group of people, organization(s) or business(es) who finances a building mural.

Double Frontage Lot. A parcel having lot frontage on two or more streets.

Electrical Code. The Electrical Code of the city.

Electronic Message Board. A sign that uses lighting to advertise goods and services and has the capability of changing the advertising message several times during a single hour (refer to Changeable Copy Sign).

Enforcement Officer. The public employee(s) or officer designated by the development services director of the city to perform the duties imposed by this chapter on the enforcement officer.

Flag or Patriotic Symbol. Any fabric, banner or bunting containing distinctive colors or patterns recognized by the Congress of the United States as an American or state flag, also government and flags of staterecognized political subdivisions.

Freeway. A restricted access highway with no at-grade intersections. Freeways within the City limits are Interstate 5, Highway 299 between Interstate 5 and the eastern City limits, and Highway 44 between Continental Street and the eastern City limits.

Freeway Sign. A freestanding sign oriented to and designed to be viewed from a freeway.

Freeway Travel Lane. Any freeway through lane, any lane providing direct connection from one freeway to another, and any freeway on-ramp or off-ramp.

Illegal Sign. A sign that (1) was erected without first complying with all ordinances and regulations in effect at the time of its construction; (2) was legally erected but whose use has ceased or has been abandoned, has not been maintained, or is not used to identify or advertise a business for thirty consecutive days or more; (3) was legally erected but that later became illegal as a result of the completion of the amortization period; or (4) is a sign that is a danger to the public, is unsafe, or is a traffic hazard.

Illuminated Sign. A sign with an artificial light source incorporated internally or externally for the purposes of illuminating the sign.

Logo. A graphic symbol, picture, image or lettering used separately by a business in connection with other advertising to promote the sale of goods and services by the owner of the logo.

Marquee. A permanent roofed structure attached to and wholly supported by a building that may project beyond the building.

Marquee Sign. Any advertising matter of any nature that is attached to a marquee.

Monument Sign. A detached sign with a solid base equal to or greater than the length of the sign copy and connected solidly to and arising from the ground.

Nameplate. A sign that displays only the name, address and occupation of the occupant of the premises, is illuminated, and does not exceed four square feet.

Nonconforming Sign. An existing sign that does not meet the requirements of this chapter but was erected in conformance with the regulations of a previous sign ordinance and has been in continual use since its establishment.

Off-Site Sign. A sign located off the premises indicated by such sign. This includes billboards. Any sign that advertises a business no longer on the lot where the sign is located and where the business has relocated elsewhere in the city or county shall be considered an off-site sign and must meet the requirements of this chapter; otherwise, such sign shall be illegal.

On-Site Sign. A sign that designates the activities and uses of the premises on which it is located. An onsite sign is also known as an appurtenant sign.

Pennant. Any all-weather lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in series, designed to move in the wind.

Pole Sign. A detached sign that is supported by one or more uprights, poles or braces in or upon the ground or by a structure other than a building that meets the height, size, landscape, location and illumination requirements of this code. To qualify as a pole sign, the cabinet or frame (or equivalent) bottom shall be elevated at least seven feet above grade. A pole with an advertising flag having sign copy or logo shall be considered a pole sign.

Portable Sign. A sign other than a temporary approved sign not permanently attached to the ground or building and used for on- or off-site advertisement purposes. Portable signs include, but are not limited to, signs displayed on vehicles, trailers, and A-frame signs.

Projecting Sign. A sign that is suspended from or supported by any building or structure and that projects outward from the supporting structure. An extended wing wall may be considered a projecting sign if it has advertising and does not serve a structural purpose.

Promotional Temporary Signs. Signs that may be constructed of all-weather material including vinyl, canvas or similar material, and are intended for, but are not limited to, the intended uses of a contractor, builder, realtor, political group and retail store owners including grand openings, going-out-of-business and special promotional sales, and public service promotions.

Public Service, Seasonal or Special Community Event Signs. Temporary signs used for special occasions that are installed for a specific limited period of time established by this chapter.

Real Estate Development Sign. A temporary off-site sign advertising the sale or lease of newly developed residential subdivisions, residential condominiums and residential planned developments containing at least five lots or at least ten dwelling units. A sign advertising for projects less than the number of lots or units noted above is defined as a real estate sign.

Real Estate Sign. A temporary sign advertising the sale or lease of a lot or parcel of land or any portion thereof upon which the sign is located.

Roof Line. The top edge of the roof or top of the parapet, whichever forms the top line of the building silhouette.

Roof Sign. A sign located on or attached to the roof of a building.

Shopping Center Identifier or Locator Sign. A detached appurtenant sign larger than a pole sign in height and area that identifies the name of a shopping center having at least three hundred thousand square feet of enclosed retail floor area. Such signs are intended to be viewed from adjacent four- to six-lane arterial traffic.

Sign. Any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or writing to advertise, announce the purpose of, identify the purpose of a person or entity or communicate information of any kind to the public.

Sign Area. Sign area shall be computed by measuring the entire area contained within the frame cabinet, including all ornamentation or decoration used to attract attention. In computing the maximum permissible sign area or display surface, standard mathematical formulas for known or common shapes will be used. In the case of irregular shapes, straight lines drawn closest to the extremities of the shape will be used. The structure or structure cover supporting a sign shall not be included in determining the sign area unless the structure or structure cover contains advertising copy. The area of double-face signs shall be computed by using one side, and multi-faced signs shall be the total sum of all display surfaces. The sign copy of a multi-faced sign can be viewed from one position. For balloons and dirigibles, the advertising area shall be based on the largest cross-sectional area of grouped or individual (ungrouped) balloons.

Sign Height. The vertical distance measured from the base of the sign at normal grade to the top of the highest attached component of the sign or sign structure.

Sniping. Advertising by the pasting, posting, sticking, tacking, hanging, affixing or placing on cloth, paper or cardboard bills, cards or posters, or metal signs, to or upon fences, posts, trees, buildings, structures or surfaces other than outdoor advertising structures. Sniping is unlawful within the city. This definition shall not be held to include any sign or notice issued by any court or public office or posted by any public officer in performance of a public duty or by a private person in giving a legal notice, or any cloth, paper, or cardboard sign advertising for sale or lease the property upon which it stands or any type of sign permitted elsewhere in this chapter.

State-of-the-Art Sign Design. A sign technology that includes, but is not limited to, electronic message boards, Sony Jumbo/tron, etc., that develops or occurs following the adoption of the sign ordinance.

Supergraphic Wall Sign. A wall advertising with large lettering, business logos and/or murals that include any advertising message relating to the goods and services sold by the owner of the sign. This type of wall sign sometimes includes a single contrasting band of color, or bright bands of color, or lines that are connected to the wall graphics, physically or visually; and if the bands of color and/or lettering, business logos, and murals extend onto the surface of another wall or side of the building, the bands of color or lines may be considered part of the supergraphic wall sign for the purpose of sign measurement. Where there is at least a five-foot separation between the advertising and graphic, then the graphic may not be considered as supergraphic.

Temporary Sign. A sign not constructed or intended for long-term use. The maximum frequency and length of display shall be as set forth Section 18.42.040(R). Temporary signs include, but are not limited to, banners, displays for public-service promotions, on-site or off-site real estate signs and construction signs, balloons and dirigibles, beacons and searchlights, political signs, and window-painted signs.

Time and Temperature Signs. A sign that provides information about time and temperature in the public's interest without transmitting any advertising message.

Wall Mural. A mural applies to representative or nonrepresentative art. Murals usually depict a well-known local landscape scene, are not used as a logo, and do not contain any lettering or numbering relating to the goods or services sold by the owner of the mural. A wall mural may occupy the same wall surface with any type, company name or logo, but these advertising messages shall have their own field and shall not physically overlap or be included within the viewing field of the mural. When a mural lacks a border, then the entire contrasting color surface of the wall may be considered as the entire sign area.

Wall Sign. A sign that is attached to or placed directly onto a parapet or wall of a building. This includes, but is not limited to, signs supported by a wall, painted signs, supergraphics, murals, etc.

Window Sign. Any sign, picture, symbol or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service, that is placed inside a window or within twelve inches of the window surface or upon the window panes or glass and is visible from the exterior of the window.

Site. A lot, or group of contiguous lots, that is proposed for development in accordance with the provisions of this chapter and is in a single ownership or under unified control.

Story. That part of any building included between the surface of any floor and the surface of the next floor or of the roof next above.

Half Story. A story with at least two of its opposite sides situated in a sloping roof, the floor area of which does not exceed two-third of the floor area immediately below it.

Stream Buffer Terms.

Riparian Vegetation. An association of plant species growing adjacent to, and dependent upon, freshwater courses, including perennial and intermittent streams, lakes and other bodies of freshwater.

Top of Bank. That area associated with a stream that contains the normal winter stream flows. In cases where the top of bank is not obvious or is in dispute, it shall be determined based on the area containing a ten-year flood event. In the case of streams with multiple channels, top of bank shall be the outermost bank of the stream. In no case, however, shall top of bank exceed the defined limits of the one-hundred-year flood event as determined under the procedures of this code.

Street. A public thoroughfare that affords principal means of access to a block and to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare, except an alley as defined in this chapter.

Street Line. The boundary between a street and property.

Structural Alterations. Any change in the supporting members of a building such as bearing walls, columns, beams or girders.

Structure. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground or under the ground.

Swimming Pool and Hot Tub Terms.

Grade. The underlying surface such as earth or a walking surface.

Owner. Any person, agent, firm or corporation having a legal or equitable interest in the property.

Swimming Pool or Pool. Any structure intended for swimming or recreational bathing that contains water over eighteen inches deep. Swimming pool includes in-ground and aboveground/onground structures and includes, but is not limited to, hot tubs, spas, portable spas and non-portable wading pools.

Swimming Pool, Indoor. A swimming pool which is totally contained within a residential structure and surrounded on all four sides by walls of such structure.

Swimming Pool, Outdoor. Any swimming pool which is not an indoor pool.

Targeted Housing Units. Those units intended to be affordable to lower- and very low-income households.

Transmission Line. An electric power line bringing power to a receiving or distribution substation.

Telecommunication Terms.

Antenna. Any system of wires, poles, rods, reflecting discs or similar devices used for the transmission or receiving of electromagnetic radio frequency waves.

Building-Mounted. An antenna that is affixed to or supported by the roof or exterior wall of a building or other structure.

Ground-Mounted. An antenna that is fully or partially supported by a platform, framework, pole or other structural system that is affixed to or placed directly on or in the ground.

Collocation. The location of two or more wireless communication facilities on a single support structure or otherwise sharing a common location. For the purposes of this chapter, collocation shall also include the location of wireless communication facilities with other facilities such as water tanks, light standards and other utility facilities and structures.

Communication Tower. Any structure that is used to transmit or receive electromagnetic radio frequency waves or that supports such a device.

Electromagnetic Radio Frequency Waves. Waves of electric and magnetic energy radiating away from a transmission source to be picked up by a receiving antenna for the purpose of communicating information.

Wireless Communication Facility. A facility containing communication towers and/or antennas and any related equipment for the purpose of transmitting or receiving electromagnetic radio frequency waves.

Tent. A structure, enclosure or shelter, with or without sidewalls or drops, constructed of fabric or pliable material supported in any manner except by air or the contents it protects.

Tree Terms.

Candidate Tree(s). A single healthy tree or group of healthy trees warranting consideration for preservation by virtue of its value to the community, the immediate neighborhood, or the natural environment in recognition of the existence of one or more of the following attributes:

■

It is an outstanding specimen of its species in terms of aesthetic quality as determined by shape and branch structure;

■

It is one of the largest or oldest trees in Redding that also has historical or neighborhood interest;

■

It adds significantly to the environment of the city because of its location, distinct form, unique species, or other identifying characteristics;

■

It is in a location which is connected to a larger natural woodland system, such as a permanent open-space area, and which is likely to be self-supporting over time;

■

It serves a desirable function, such as buffering dissimilar land uses, or is a component of an overall landscape plan.

Cutting. The detaching or separating from a protected tree any limb, branch, or root. Cutting shall include pruning and trimming.

dbh (diameter at breast height). The trunk diameter measured at four and one-half feet above the ground (diameter = circumference ÷ 3.142).

Damage. Any action undertaken which may cause death or significant injury, or which places the tree in a hazardous condition or in an irreversible state of decline. This includes, but is not limited to, cutting, topping, girdling, poisoning or root disturbance.

Developed Property. Any individual lot that is occupied by a principal building. A principal building is one in which is conducted the principal use of the lot on which it is located based on the zoning of the lot.

Discretionary Projects. Projects shall include, but not be limited to, those projects subject to: a use permit (including administrative use permit), a parcel map, a tentative subdivision map, a site-plan review, a variance, a rezone or a planned development.

Drip Line. The area identified by extending a vertical line from the outermost portion of the limb canopy to the ground, with its axis parallel to the trunk.

Landmark or Heritage Tree. Any tree that has been specifically placed on the Landmark and Heritage Tree Plan as established by Chapter 13.40 of this code.

Person. Any natural person, partnership, firm, corporation, governmental agency or other legal entity.

Preserved Tree. A tree that is required to be preserved and protected under discretionary project approval.

Qualified Professional. Includes an individual approved by the city who has one or more of the following qualifications:

■

Registered Professional Forester. A person who holds a valid license as a professional forester pursuant to the provisions of the State Code.

■

Certified Arborist. A person who holds a current certificate from the western chapter of the International Society of Arboriculture.

■

Biologist. A person who demonstrates expertise in the biological sciences related to oak woodlands of the variety prevalent in the Redding area through an appropriate combination of education, training, and experience and is judged by his or her profession to be able to represent the profession in a competent manner.

Removal. The physical removal of a tree, or causing the death of a tree through damage, poison, or other direct or indirect action.

Shrub. A woody plant of relatively low height, distinguished from a tree by its height and having several stems.

Tree. A perennial plant having a self-supporting woody main stem or trunk usually characterized by the ability to grow to considerable height and size and to develop woody branches at some distance above the ground. It is usually distinguished from a bush or shrub by its size, manner of growth, and usual botanical nomenclature. Perennial shrubs are not classified as trees in this chapter. As stated in Section 1.04.010, the singular "tree" includes the plural "trees," and the plural the singular.

Undeveloped Property. Property that does not contain a "principal building." A principal building is one in which is conducted the principal use of the lot on which it is located based on the zoning of the lot.

Visible. Capable of being seen (whether or not legible) by a person of normal height and visual acuity walking or driving on a public road.

Yard. An area between a lot line and a setback line, unobstructed and unoccupied from the ground upward, except for projections permitted by these regulations.

Yard, Corner Side. An area extending across the full width of the lot between the corner side lot line and the nearest line of the building.

Yard, Front. An area extending across the full width of the lot between the front lot line and the nearest line of the building. The front yard may face either street frontage of a corner lot as determined by the building official upon issuance of a building permit. For double frontage lots, the front yard faces each street frontage from which access is permitted.

Yard, Rear. An area extending the full width of the lot between a rear lot line and the nearest line of the building.

Yard, Side. An area extending from the front yard to the rear yard between the nearest side lot line and the nearest line of the building.

==> picture [180 x 242] intentionally omitted <==

(Ord. 2403 § 13 (part), 2008; Ord. 2381 § 17, 2007; Ord. 2369 § 2, 2006; Ord. 2343 § 2 (part), 2005: Ord. 2310 § 3 (part), 2003; Ord. 2301 § 3 (Att. A (part)), 2002)

(Ord. No. 2443, § 7, 10-26-2009; Ord. No. 2450, § 5, 1-19-2010; Ord. No. 2521, § 3, 4-7-2015; Ord. No. 2570, § 9, 4-4-2017; Ord. No. 2571, § 3, 4-4-2017; Ord. No. 2584, § 17, 3-20-2018; Ord. No. 2590, § 28, 8- 21-2018; Ord. No. 2606, § 17, 6-18-2019)

Chapter 18.62 - RULES OF MEASUREMENT

This section explains how various measurements referenced in this zoning ordinance are to be calculated.

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

18.62.020 - Reserved.

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

18.62.030 - Determining floor area ratio.

The floor area ratio shall be measured as the proportion of allowable building floor area per area of the parcel of land upon which the building rests. For purposes of calculating the floor area ratio, gross floor area associated with the following is excluded: (a) attic space having a headroom of seven feet or less, (b) space devoted exclusively to enclosed parking and loading, (c) a utility room or furnace room, and (d) basement space.

==> picture [216 x 101] intentionally omitted <==

Section 18.62.030

Floor Area Ratio

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

The total land area covered by all principal and accessory structures on a site, including projections, shall be considered in determining lot coverage except the following:

A.

Eaves projecting less than two and one-half feet from a building.

B.

Trellises and similar structures that do not have solid roofs.

C.

Uncovered and unenclosed swimming pools, spas, patios, sport courts, decks, porches, landings, balconies and stairways (the portion of which is less than thirty inches above grade).

==> picture [216 x 162] intentionally omitted <==

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

(Ord. No. 2590, § 29, 8-21-2018)

18.62.050 - Fractions.

When calculations result in fractions the results will be rounded as follows:

A.

Minimum Requirements. When a regulation is expressed in terms of a minimum requirement, any fractional result will be rounded to the next whole number. For example, if a minimum requirement of one tree for every thirty feet is applied to a fifty-foot strip, the resulting fraction of 1.37 is rounded up to two required trees.

B.

Maximum Limits. When a regulation is expressed in terms of maximum limits, any fractional result of onetenth or above will be rounded to the next whole number (fractions shall be truncated at the first decimal place). For example, if a maximum limit of one dwelling unit for every twenty thousand square feet in the "RE-20" district is applied to a fifty-six thousand square-foot site, the resulting fraction of 2.8 is rounded up to three allowed dwelling units. However, the maximum density permitted within the range established by the general plan cannot be exceeded.

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

A.

Distances are Measured Horizontally. When determining distances for setbacks and structure dimensions, all distances are measured along a horizontal plane from the appropriate line, edge of building, structure, storage area, parking area or other object. These distances are not measured by following the topography of the land. See Figure 18.62.060-A.

==> picture [204 x 98] intentionally omitted <==

Section 18.62.060-A and D

Measuring Distances

B.

Measurements are of the Shortest Distance. When measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement is made at the closest or shortest distance between the two objects. See Figure 18.62.060-B. Exceptions are stated in subsections C, D, and E of this chapter.

==> picture [216 x 120] intentionally omitted <==

("X" is measured to the foundation)

Section 18.62.060-B

Measuring Shortest Distance

C.

Measurement of Vehicle Stacking or Travel Areas. The minimum travel distance for vehicles, such as garage-entrance setbacks and stacking-lane distances, is measured down the center of the vehicle travel area. For example, curving driveways and travel lanes are measured along the arc of the driveway or traffic lane.

D.

Measurements Involving a Structure. Measurements involving a structure are made to the closest wall of the structure. Chimneys, eaves, and bay windows up to twelve feet in length are not included in the measurement. Other features, such as covered porches and entrances, are included in the measurement.

E.

Underground Structures. Structures or portions of structures that are entirely underground are not included in measuring required distances. See Figure 18.62.060-C.

==> picture [216 x 189] intentionally omitted <==

Section 18.62.060-E

Underground Structures

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

Zone boundaries that are shown crossing lots are usually based on a topographic feature, floodplain limits, a certain distance from a stream corridor or a right-of-way line. When zone boundaries are shown crossing properties with no clear indication of the basis for the line, exact distances are to be determined by scaling the distances from the zoning map using the center of the zoning line on the map.

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

A.

Measuring Building Height. Height of buildings is measured as provided in this code. The height of buildings is the vertical distance above the finished grade adjacent to the structure and the highest point on the roof. For a flat roof, the measurement is made to the top of the parapet or, if there is no parapet, to the highest point of the roof. The measurement is made to the deck line of a mansard roof or to the height of the highest gable of a pitched or hipped roof. For other roof shapes, such as domed, vaulted, or pyramidal shapes, the measurement is to the highest point. See Figure 18.62.080-A and -B.

==> picture [228 x 144] intentionally omitted <==

A = HEIGHT OF BUILDING AT ANY POINT ALONG SLOPE

Section 18.62.080-A

Measuring Height - Sloping Lots

B.

Measuring Height of Other Structures. The height of other structures, such as fences, is the vertical distance from the ground level immediately under the structure to the top of a structure. Special measurement provisions are also provided below.

1.

Measuring Height of Retaining Walls and Fences. Retaining walls and fences on top of retaining walls are measured from the ground level on the higher side of the retaining wall.

==> picture [216 x 71] intentionally omitted <==

Section 18.62.080-B

Measuring Height - Roof Types

2.

Measuring Height of Decks. Deck height is determined by measuring from the ground to the top of the floor of the deck if there is no rail or if the rail walls are more than fifty percent open and from the ground to the top of the rails for all other situations.

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

18.62.090 - Measuring lot widths and depths.

A.

Lot Depth. The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line or to the most distant point on any other lot line where there is no rear lot line.

B.

Lot Width. The horizontal distance between the side lot lines measured at the front property line and at the front building-setback line.

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

18.62.100 - Setbacks.

Setbacks shall be measured as depicted in the following figure. Building setbacks are measured from the foundation line.

==> picture [216 x 202] intentionally omitted <==

STREET

Section 18.62.100

Setbacks

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

Certain regulations allow for setbacks to be averaged. In these situations, the required setback may be reduced to the average of the existing setbacks of the lots that are on both sides of the site. See Figure 18.62.110. The following rules apply in calculating the average:

==> picture [228 x 130] intentionally omitted <==

Section 18.62.110

Setback Averaging

A.

The setbacks used for the calculations must be the same type of setback that is being averaged. For example, only garage-entrance setbacks can be used to average a garage-entrance setback.

B.

Only the setbacks on the lots that are on the same street side may be used. Setbacks across the street or along a different street may not be used.

C.

When one abutting lot is vacant or if the lot is a corner lot, then the average is of the setback of the abutting nonvacant lot and the required setback for the vacant lot.

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

Whenever this zoning ordinance refers to a distance other than a "walking distance," the measured specified distance from a particular project shall be measured the required distance in a straight line, without regard to intervening structures or objects, from all points along the lot line of the subject project.

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

A.

Sign Area. The sign area shall be measured as the area within the smallest perimeter that will enclose all the letters, figures or symbols which comprise the sign, but excluding essential supports. For double-faced signs, the area will be the total of one side. For multi-faced signs, area will be the total of all faces.

B.

Sign Height. The sign height shall be measured as the dimension determined by measuring the distance between the highest point of the actual sign face and the finished grade directly below it. Sign height shall be measured in feet.

==> picture [228 x 252] intentionally omitted <==

Section 18.62.130

Sign Area

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