Any documents that are not privileged or part of a Closed Session provided to a majority of the City Council/LRA Board after distribution of the agenda packet, regarding any item on this agenda, will be made available for public inspection at the City Clerk’s Office 6707 Third St., Suite A, Riverbank. Page 1 of 5
AGEND
AMENDED AGENDA
DATED: JAN 10, 2023
TUESDAY, JANUARY 10, 2023 – 6:00 P.M.
(THE AGENDA PACKET IS ONLINE AT HTTP://WWW.RIVERBANK.ORG/AGENDACENTER)
1. CALL TO ORDER
2. FLAG SALUTE
3. INVOCATION
4. ROLL CALL
5. AGENDA CHANGES
Include Item 11.4 New Business- Resolution Declaring the Existence of a Local Emergency in Response to the 2023 Winter Storms
Remove Item 7.1 Presentations- Presentation Project Resolve
6. CONFLICT OF INTEREST
Any Council/Authority Member or Staff who has a direct Conflict of Interest on any scheduled agenda item to be considered is to declare their conflict at this time.
7. PRESENTATIONS (Informational only)
Item 7.1 Presentation Project Resolve- It is recommended that City Council receive a presentation from Katy Trompetter with Project Resolve.
8. PUBLIC COMMENTS (No action can be taken)
At this time, members of the public may comment on any item not appearing on the agenda, and within the subject matter jurisdiction of the City Council/LRA Board. Individual comments will be limited to a maximum of 3 minutes (or as stated by the presiding Officer) and time cannot be yielded to another person. Under State Law, matters presented during the public comment period cannot be discussed or acted upon.
CITY OF RIVERBANK
Regular City Council and
Local Redevelopment Authority
Board Meetings
Council Chambers, 6707 Third St., Suite B
Riverbank, CA 95367
CITY COUNCIL / LRA BOARD
Mayor/Chair
Richard D. O’Brien
Council/Authority Members
District 1 - Luis Uribe
District 2 - Rachel Hernandez
District 3 - Leanne Jones Cruz
District 4 - Darlene Barber-Martinez
NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 59453, SUBDIVISION (e) OF THE RALPH M. BROWN ACT (CALIFORNIA GC § 54950, ET SEQ.), THE FEDERAL AMERICANS WITH DISABILITIES. WHILE
THIS MEETING WILL BE PHYSICALLY OPEN TO THE PUBLIC, GIVEN THE STATE OF EMERGENCY REGARDING THE THREAT OF COVID-19, MEMBERS OF THE PUBLIC MAY ALSO PARTICIPATE AND COMMENT VIA THE ZOOM VIRTUAL PLATFORM. REFER TO THE LAST PAGE OF THE AGENDA FOR PARTICIPATION INFORMATION.
City Council and LRA Board Meetings Agenda January 10,2023 Next City Council Resolution: 2023-001 Next Ordinance: 2023-001 Next Local Redevelopment Authority Board Resolution 2023-001 Any documents that are not privileged or part of a Closed Session provided to a majority of the City Council/LRA Board after distribution of the agenda packet, regarding any item on this agenda, will be made available for public inspection at the City Clerk’s Office 6707 Third St., Suite A, Riverbank.
Refer to the last page of this agenda for the Public Comment Procedures via ZOOM.
9. CONSENT CALENDAR
All items listed on the Consent Calendar are to be acted upon by a single action of the City Council/LRA Board unless requested by an individual Council/Authority Member or member of the public for special consideration. Otherwise, the recommendation of staff will be accepted and acted upon by motion of the City Council/LRA Board.
Item 9.1 Waive Readings. All Readings of ordinances and resolutions, except by title, are waived.
Item 9.2 Approval of the December 13, 2022 City Council and Local Redevelopment Authority Board Minutes.
10. PUBLIC HEARING
The Public Notice for Item 10.1, Item 10.2, and Item 10.3 was Published on December 28th, 2022 in the Riverbank News.
Item 10.1 First Reading by Title Only and Introduction of a Proposed Ordinance Amending Title XV: Building Regulations, Adoption of Standard Codes, by repealing in their entirety Sections §150.01 ADMINISTRATIVE CODE through §150.16 SOLAR /PHOTOVOLTAIC POWER SYSTEMS, and
substituting them with new Sections §150.01 through §150.16 and Adopting by Reference the 2023 California Administrative, Building, Residential, Electrical, Mechanical, Plumbing Energy, Existing Building, Historical Building, Fire, and Green Building Standards and Solar/Photovoltaic Power Systems; and Amending Title XV: Land Usage, Chapter 157: WATER EFFICIENT LANDSCAPE AND IRRIGATION; Section 157.01: Purpose and Intent.- It is recommended that the City Council introduce and pass to a second reading an Ordinance adopting the 2023 California Building Codes as referenced above.
Item 10.2 First Reading by Title Only and Introduction of Summerfair General Plan Amendment, Rezone, Architecture and Site Plan Review, and Mitigated Negative Declaration Project- It is recommended that the City Council listen to the presentation, take public comment, and consider approving the Ordinance and Resolutions for the Summerfair General Plan Amendment, Rezone, Architecture and Site Plan Review, and Mitigated Negative Declaration Project.
Item 10.3 First Reading by Title Only and Introduction of a Proposed Ordinance Amending Title XV: Section §153.003, DEFINITIONS, Section §153.031, USES PERMITTED, Section §153.046, USES PERMITTED, Section §153.061, USES PERMITTED, Section §153.067, USES PERMITTED, and adding Sections §153.170 through §153.177 related to Tiny House Villages. It is recommended that the City Council introduce and pass to a second reading an Ordinance permitting and providing development standards for tiny house villages in residential zones.
City Council and LRA Board Meetings Agenda January 10,2023 Next City Council Resolution: 2023-001 Next Ordinance: 2023-001 Next Local Redevelopment Authority Board Resolution 2023-001 Any documents that are not privileged or part of a Closed Session provided to a majority of the City Council/LRA Board after distribution of the agenda packet, regarding any item on this agenda, will be made available for public inspection at the City Clerk’s Office 6707 Third St., Suite A, Riverbank.
11. NEW BUSINESS
Item 11.1
Item 11.2
Item 11.3
Item 11.4
Nomination and Appointment of the Vice Mayor to serve for the year 2023- It is recommended that the Mayor nominate a Councilmember to serve as Vice Mayor for the year 2023, and by roll call vote, City Council approve the appointment for a one-year term.
Annual Consideration of the City Council Appointments to Intergovernmental Boards and Committees and Appointments to the Internal City Committees for the year 2023. – It is recommended that the City Council:1) Review the appointment lists; and 2) Volunteer or nominate a member of the Council to serve as the representative; and 3) By roll call vote, ratify the appointments for the year 2023.
Adjustments to the 2023 Regular City Council Meetings Schedule- It is recommended that the City Council cancel the regular City Council meetings of July 11th, August 8th, November 28th and December 26th, for a modified summer schedule and to minimize conflicts with Holiday Activities.
A Resolution Declaring the Existence of a Local Emergency in Response to the 2023 Winter Storms- It is recommended that the City Council consider adopting a Resolution declaring the existence of a local emergency in response to the 2023 winter storms. (Consideration of this item is subject to a majority vote by the City Council for inclusion to the agenda pursuant to Cal. Gov. Code §54954.2(b)(1).
12. COMMENTS/REPORTS
A brief report on notable attendance of a meeting or conference or other notable topics of City business shall be made. The Brown Act does not allow for discussion or action of items by the City Council/LRA Board during this time.
Item 12.1 Staff
Item 12.2 Council/Authority Member
Item 12.3 Mayor/Chair
13. CLOSED SESSION
The public will have a limit of 3 minutes to comment on Closed Session item(s) as set forth on the agenda prior to the City Council/LRA Board recessing to Closed Session.
Item 13.1 LIABILITY CLAIMS
(Pursuant to Government Code § 54961)
Claimant: Diego Hernandez
Agency Claimed Against: City of Riverbank
14. REPORT FROM CLOSED SESSION
City Council and LRA Board Meetings Agenda January 10,2023 Next City Council Resolution: 2023-001 Next Ordinance: 2023-001 Next Local Redevelopment Authority Board Resolution 2023-001 Any documents that are not privileged or part of a Closed Session provided to a majority of the City Council/LRA Board after distribution of the agenda packet, regarding any item on this agenda, will be made available for public inspection at the City Clerk’s Office 6707 Third St., Suite A, Riverbank.
Item 14.2 Report from Closed Session on Item 13.1
LIABILITY CLAIMS
(Pursuant to Government Code § 54961)
Claimant: Diego Hernandez
Agency Claimed Against: City of Riverbank
15. ADJOURNMENT
• The next regular City Council meeting will be on January 24, 2023 at 6:00 p.m.
ADA COMPLIANCE STATEMENT
In compliance with the Americans with Disabilities Act, and the Governor’s Executive Order N-29-20, the City will make every effort to make reasonable modifications or accommodations from individuals with disabilities. Contact the Administration Dept. at (209) 863-7122 or the City Clerk at [email protected] at least (48) hours prior to the meeting to enable the City to make reasonable arrangements for accessibility.
NOTICE REGARDING NON-ENGLISH SPEAKERS
Pursuant to California Constitution Article III, Section IV, establishing English as the official language for the State of California, and in accordance with California Code of Civil Procedures Section 185, which requires proceedings before any State Court to be in English, notice is hereby given that all proceedings before the City of Riverbank City Council/LRA Board shall be in English and anyone wishing to address the Council is required to have a translator present who will take an oath to make an accurate translation from any language not English into the English language.
AFFIDAVIT OF POSTING
I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing agenda was posted at the meeting location, on the North City Hall public exterior bulletin board, Riverbank Community Center exterior bulletin, and the City’s website 72 hours prior to the meeting in accordance to the California Ralph M. Brown Act.
Posted this 10th Day of January, 2023
/s/Gabriela Hernandez, City Clerk
PUBLIC “LIVE” VIEWING
• Government Channels: Charter– 2 and AT&T U-VERSE – 99 • YouTube Live – is no longer available due to technical difficulties, which is being worked on. • Via ZOOM Platform (See instructions below)
SUBMITTING PUBLIC COMMENTS FOR THE RECORD
Written comments must be received before 4:00 p.m. on the date of the meeting in order for them to be distributed to the Council prior to consideration of the matter. Written comments will not be read aloud at the meeting, but will be reported as received for the record. If you do not receive an acknowledgement of receipt within an hour of submission or by 5:00 pm, please call the City Clerk’s Office at (209) 863-7198 or the Administration Dept. at (209) 863-7122.
ACCEPTABLE METHODS OF SUBMITTING COMMENTS BEFORE THE 4:00 PM DEADLINE ● Via Mail Service: Mail comments to City of Riverbank, Attn. City Clerk, 6707 Third Street, Suite A, Riverbank, CA 95367. (Call 209-863-7198 / 209-863-7122 to ensure they were received.) ● Via Email: Mail to [email protected] (Note: This technology is not a guaranteed method.) • Indicate Agenda Item # in the subject line. (Call 209-863-7198 /209-863-7122 to ensure receipt) ● Oral Comments In-Person: The Mayor will ask the audience if anyone wishes to comment, at that time you may approach the podium.
● Oral Comments Via Zoom: The Mayor will announce when public comments may be made for a limit of 3 minutes on the agenda item being considered, at which time you will:
(please make sure the volume on your video device or any nearby device is turned down.) o Using a computer – click on the “raise hand” feature in the webinar controls. This will alert staff that you wish to speak, and you will be unmuted.
o Using a Phone – press *9 to “raise the hand”. This will alert staff that you wish to speak, and you will be unmuted.
Teleconference Phone Number (This system is a backup for ZOOM technical difficulties only when providing oral comments.) If there are technical difficulties or disconnection with ZOOM while making oral comments, please immediately call the teleconference phone number (209) 863-7151 so that Council may receive your comments. Council will be waiting for your call. Thank you
JOIN THE MEETING VIA ZOOM PLATFORM
Join by this link: https://us02web.zoom.us/j/86260208607 • Join by accessing website: https://zoom.us/join , enter Webinar ID: 862 6020 8607 • Join by telephone:1 669 444 9171 OR 1 669 900 9128, plus Webinar ID: 862 6020 8607 Learn about using ZOOM - Visit https://zoom.us/j/94943925973?status=success for a free account or to download the app.
TELECONFERENCE/VIRUAL PLATFORM PUBLIC PARTICIPATION
COMMENT PROCEDURES FOR CITY COUNCIL MEETING HELD IN
CONFORMANCE WITH THE BROWN ACT
Item 7.1– CC/LRA 1/10/2023
RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT
AUTHORITY AGENDA ITEM NO. 7.1
SECTION 7: PRESENTATIONS
Meeting Date: January 10, 2023
Subject: Presentation – Project Resolve – Presentation by Kate Trompetter, Project Resolve.
From: Marisela H. Garcia, City Manager
Submitted by: Ed Ridenour, Police Chief
RECOMMENDATION
It is recommended that the City Council receive a presentation from Kate Trompetter who facilitates Project Resolve.
SUMMARY:
Project Resolve is a network resolved to build and sustain trust and strong relationships between law enforcement and the community through ongoing testing, learning, and adapting. Project Resolve is about asking the hard questions and figuring out how to create a better, more caring, more empathetic, prosperous community.
Today, Project Resolve is comprised of local law enforcement leaders and roughly 40 members of our community. We are resolved to better understand each other and what this community needs for the relationships between our residents and our law enforcement to be based on trust, respect, accountability, and a safe and healthy community.
FINANCIAL IMPACT
There is no financial impact with the report.
Item 9.1 – CC/LRA – 1/10/2023
RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.1
SECTION 9: CONSENT CALENDAR
Meeting Date: January 10, 2023
Subject: Waiver of Readings
From: Marisela H. Garcia, City Manager
Submitted by: Gabriela Hernandez, City Clerk/LRA Secretary
RECOMMENDATION
It is recommended that the City Council / LRA Board approve the waiver of readings of any proposed ordinances and resolutions for consideration, except by title.
SUMMARY
In lieu of reading the entire text of a proposed ordinance or resolution that is introduced for consideration for adoption and approval, by majority vote, the City Council/LRA Board may waive the reading of the text and introduce the ordinance or resolution by title only for the record.
The full text of the proposed ordinances and resolutions, and any related documents that are part of the agenda packet, are available for review by the public on the City’s website and in the City Clerk’s office at City Hall (North) upon distribution to a majority of the City Council/LRA Board; typically 72 hours prior to the scheduled date and time of the meeting.
FINANCIAL IMPACT
There is no financial impact to this item.
ATTACHMENTS
There are no attachments to this report.
Item 9.2 – CC/LRA – 1/10/2023
RIVERBANK CITY COUNCIL / LOCAL REDEVELPOMENT AUTHORITY
AGENDA ITEM NO. 9.2
SECTION 9: CONSENT CALENDAR
Meeting Date: January 10, 2023
Subject: Approval of the December 13, 2022 City Council and Local Redevelopment Authority Board Minutes
From: Marisela H. Garcia, City Manager
Submitted by: Gabriela Hernandez, City Clerk/LRA Secretary
RECOMMENDATION
It is recommended that the City Council / LRA Board approve the City Council/ Local Redevelopment Authority Board approve the City Council/LRA Meeting Minutes of December 13, 2022, as presented.
SUMMARY
The Draft Minutes of the City Council and the Local Redevelopment Authority Board meeting have been prepared for review and approval.
FINANCIAL IMPACT
There is no financial impact to this item.
ATTACHMENTS
1. The December 13, 2022 City Council and Local Redevelopment Authority Board Minutes.
CC / LRA Minutes – 12/13//2022
MINUTES
TUESDAY, DECEMBER 13, 2022 – 6:00 P.M.
(THE AGENDA PACKET IS ONLINE AT HTTP://WWW.RIVERBANK.ORG/AGENDACENTER)
1. CALL TO ORDER - Mayor / Chair Richard D. O’Brien called the meeting to order at 6:0 0P.M.
2. FLAG SALUTE – Mayor / Chair Mayor O’Brien led the pledge of allegiance.
3. INVOCATION – Reverend Randy Richardson provided the invocation.
4. ROLL CALL – A Roll Call of councilmembers was done by the City Clerk.
Members of City Council / Local Redevelopment Authority Board present in the Chamber:
Council Member / Authority Member District 1 Luis Uribe Council Member / Authority Member District 2 Rachel Hernandez Council Member / Authority Member District 4 Darlene Barber-Martinez Vice Mayor / Vice Chair (CM-D03) Cal Campbell
Mayor / Chair Richard D. O’Brien
5. AGENDA CHANGES- No changes to the Agenda.
6. CONFLICT OF INTEREST: Any Council/Authority Member or Staff who has a direct Conflict of Interest on any scheduled agenda item to be considered is to declare their conflict at this time.
7. PRESENTATIONS (Informational only)
Item 7.1 Presentation Mujeres en Accion, Women in Action Organization- It is recommended that City Council receive a presentation from Christina Avalos on a Special Event hosted by Mujeres en Accion.
Christina Avalos with Mujeres en Accion, Women in Action gave a presentation on the Special Event hosted by her organization on June 24th & 25th of 2023 at the Riverbank Community Center.
Item 7.2 Recognition of Public Works Director Michael Riddell- It is recommended that City Council recognize the dedication and years of service of Michael Riddell, Public Works Director.
CITY OF RIVERBANK
Regular City Council and
Local Redevelopment Authority
Board Meetings
Council Chambers, 6707 Third St., Suite B
Riverbank, CA 95367
CITY COUNCIL / LRA BOARD
Mayor/Chair
Richard D. O’Brien
Vice Mayor/Chair (CM-D3) Cal Campbell
Council/Authority Members:
District 1 Luis Uribe
District 2 Rachel Hernandez
District 4 Darlene Barber-Martinez
CC / LRA Minutes – 12/13//2022
Mayor O’Brien presented Public Works Director, Michael Riddell with a plaque in recognition of his years of dedicated service to the City of Riverbank,
Item 7.3 Presentation of New Public Works Director, Cody Bridgewater- It is recommended that City Council introduce the new Public Works Director, Cody Bridgewater to the community.
Former Public Works Director Riddell, introduced Cody Bridgewater, as the New Public Works Director to the residents and the community.
Item 7.4 Presentation Regarding Future Sewer Connection Fee Updates – It is recommended that City Council and residents receive a presentation on Future Sewer Connection Fee Updates.
Doug Dove with Bartle Wells Associates gave a PowerPoint Presentation on the future Sewer connection fee updates.
8. CONSENT CALENDAR
All items listed on the Consent Calendar are to be acted upon by a single action of the City Council/LRA Board unless requested by an individual Council/Authority Member or member of the public for special consideration.
Otherwise, the recommendation of staff will be accepted and acted upon by motion of the City Council/LRA Board.
Item 8.1 Waive Readings. All Readings of ordinances and resolutions, except by title, are waived.
Item 8.2 Approval of the November 8, 2022 City Council and Local Redevelopment Authority Board Minutes.
Item 8.3 Approval of the November 15, 2022 Special City Council Minutes.
Item 8.4 Acceptance of the Santa Fe Street between 5th & 7th Project and Authorization to File Notice of Completion.
Item 8.5 A Resolution 2022-131 Reciting the Fact of the Consolidated Riverbank General Municipal Election held on November 8, 2022, and Declaring the Results and Such Other Matters as Provided by Law.– It is recommended that the City Council adopt the resolution for the purpose of: 1) Declaring elected Incumbent, Luis Uribe as the person for whom the highest number of votes were cast for the office of Councilmember District 1; and 2) Declaring elected Leanne Jones Cruz as the person for whom the highest number of votes were cast for the office of Councilmember District
3. Item 8.6 A Resolution 2022-132 Approving the Appointments of John Dinan, Taide Zamora, and Alternates Steve Link and Michael Halterman to the Planning Commission Effective January 2023- It is recommended the City Consider Mayor O’Brien’s applicant recommendations to fill the two (2) expired Planning Commissioner seats, the expired Alternate Planning Commissioner seat, and fill the additional Alternate Seat.
CC / LRA Minutes – 12/13//2022
Mayor O’Brien Opened Public Comment at 6:17 p.m.
Mayor O’Brien Closed Public Comment at 6:17 p.m.
There being no public comments, Mayor O’Brien brought the item back to the City Council.
ACTION: By motion moved and seconded (Uribe / Hernandez 5/0) to approve the consent calendar as presented.
Motion carried by unanimous City Council and LRA Board roll call vote:
AYES: Uribe, Hernandez, Barber-Martinez, Campbell, O’Brien NAYS: None / ABSENT: None / ABSTAINED: None
9. PUBLIC HEARING
The Public Notice for item 9.1 was mailed out to residents on October 21, 2022 and Published on October 26th, 2022 in the Riverbank News.
Item 9.1 Public Hearing for Proposed Wastewater (Sewer) Rate Increase-(1) Open the Proposition 218 Public Hearing and Receive Written Protests to the Proposed Rate Increase for Wastewater (Sewer) Services, and (2) Adopt a Resolution Accepting and Closing the Proposition 218 Public Notification and Protest Process as it Relates to the Proposed Rate Increase for Wastewater (Sewer) Services, and (3) Consider Adopting a Resolution Approving the Proposed Wastewater (Sewer) Rates (this item is contingent upon the Results of the Protest Process)- It is recommended that the City Council consider the following requests related to the publicly noticed Public Hearing regarding the proposed Wastewater (Sewer) Rate increase:
1. Open the Proposition 218 public hearing and receive written protests to the proposed rate increase for Wastewater (Sewer) Services, and
2. Adopt a Resolution accepting and closing the Proposition 218 Public Notification and Protest Process as it relates to the proposed rate increase for Wastewater (Sewer) services, and
3. Adopt a Resolution approving the proposed Wastewater (Sewer) Rates contingent upon the results of the protest process.
Doug Dove Representative with Bartle Wells gave a Comprehensive Report and PowerPoint presentation on the proposed wastewater (sewer) rate increase.
City Council discussed item with city Staff and Consultant.
Mayor O’Brien opened the Public Hearing at 6:36 p.m.
Residents who commented in Opposition of the Proposition 218 Proposed Sewer Rate Increase
Diego Hernandez, Riverbank Resident
Haskell Moore, Riverbank Resident
CC / LRA Minutes – 12/13//2022
Brett Delmas, Riverbank Resident
Jerry Van Houten, Riverbank Resident
Karen Conrotto, Modesto Resident
MariAnn Banman, Riverbank Resident
Maria Ramirez, Riverbank Resident
Gustavo Rodriguez, Riverbank Resident
Chessie Garcia, Riverbank Resident
Kristin Herosy, Riverbank Resident
Evelyn Halbert, Riverbank Resident
Jamie Aggers, Riverbank Resident
Virginia Madueno, Riverbank Resident
Mayor O’Brien closed the Public Hearing at 7:14 p.m.
At of the close of the Public Hearing there are 960 number of Protests. The amount of protests needed was 3,419 to meet the 50% plus one requirement.
There being no further public comments, Mayor O’Brien brought the item back to City Council.
ACTION: By motion moved and seconded (Uribe/ Campbell 5/0) to approve Resolution 2022-133 accepting and closing the Proposition 218 Public Notification and Protest Process as it relates to the Proposed Rate Increase for Wastewater (Sewer) Services
Motion carried by unanimous City Council and LRA Board roll call vote:
AYES: Uribe, Hernandez, Barber-Martinez, Campbell, O’Brien NAYS: None / ABSENT: None / ABSTAINED: None
ACTION: By motion moved and seconded (Uribe/ Campbell 5/0) to approve Resolution 2022-134 Approving the Proposed Wastewater (Sewer) Rates.
Motion carried by unanimous City Council and LRA Board roll call vote:
AYES: Uribe, Hernandez, Barber-Martinez, Campbell, O’Brien NAYS: None / ABSENT: None / ABSTAINED: None
10. SPECIAL BUSINESS
Item 10.1 Recognition of Vice Mayor/Councilmember Cal Campbell- It is recommended that the Riverbank City Council recognize Vice Mayor Campbell for his dedication and years of public service to the city.
Mayor O’Brien presented Vice Mayor Campbell with a plaque and gift in recognition of his years of public service as Councilmember for Riverbank District 3.
CC / LRA Minutes – 12/13//2022
Item 10.2 Administration of the Oath of Office, Presentation of Certificates of Election to each Elected Officer and Reorganization of the City Council – It is recommended that Mayor Richard D. O’Brien do the honors of administering the Oath of Office to Councilmember District 1 Luis Uribe and Councilmember District 3 Leanne Jones Cruz.
Mayor O’Brien administered the Oath to Councilmember District 1 Elect Luis Uribe and Councilmember District 3 Elect Leanne Jones Cruz; each briefly commenting on their Election to serve for the next four years, and thanking everyone who supported them.
Item 10.3 Administer the Oath of Office to Newly Appointed Planning Commissioners and Alternate Planning Commissioners- It is recommended Mayor O’Brien administer the Oath of Office and Certificate of Appointments presented to the newly appointed Planning Commissioners.
Mayor O’Brien administered the Oath to newly appointed Planning Commissioners John Dinan and Taide Zamora and Alternates Steve Link and Michael Halterman.
BRIEF RECESS Mayor/Chair O’Brien calls for a brief recess for refreshments and reorganization of the City Council.
City Council Reconvened at 8:00 p.m.
11. NEW CITY COUNCIL ROLL CALL:
Council / Authority Member District 1 Luis Uribe
Council / Authority Member District 2 Rachel Hernandez
Council / Authority Member District 3 Leanne Jones Cruz Council / Authority Member District 4 Darlene Barber Martinez Mayor / Chair Richard D. O’Brien
Roll Call was conducted by the City Clerk; all Members were present.
12. CONFLICT OF INTEREST
Any Council/Authority Member or Staff who has a direct Conflict of Interest on any scheduled agenda item to be considered is to declare their conflict at this time.
13. PUBLIC COMMENTS (No action can be taken)
At this time, members of the public may comment on any item not appearing on the agenda, and within the subject matter jurisdiction of the City Council/LRA Board. Individual comments will be limited to a maximum of 3 minutes (or as stated by the presiding Officer) and time cannot be yielded to another person. Under State Law, matters presented during the public comment period cannot be discussed or acted upon.
Mayor O’Brien Opened Public Comment at 8:01 p.m.
Karen Conrotto, Modesto Resident spoke in opposition of the proposed Riverwalk Project.
Diego Hernandez, Riverbank Resident spoke on the passed Sewer Rate Increase.
CC / LRA Minutes – 12/13//2022
There being no further public comments, Mayor O’Brien closed the Public Comment period at 8:07 p.m.
13. CONSENT CALENDAR
All items listed on the Consent Calendar are to be acted upon by a single action of the City Council/LRA Board unless requested by an individual Council/Authority Member or member of the public for special consideration. Otherwise, the recommendation of staff will be accepted and acted upon by motion of the City Council/LRA Board.
Item 14.1 A Resolution to allocate funds for the Squire Wells Way Roundabout.
Item 14.2 A Resolution 2022-135 Approving the Appropriation of Funds and Authorizing the City Manager to Enter into a Contract to Conduct a Cleanup at 3412 High Street.
Item 14.3 A Resolution 2022-136 Authorizing Expenditures from the Jacob Myers Park Fund.
Item 14.4 A Resolution 2022-137 Establishing A Capital Financing and Debt Policy.
Item 14.5 Authorization for Out of State Travel Request to have Sr. Construction Inspector Attend 2023 Slurry Systems Workshop in Las Vegas, NV Item 14.6 A Resolution 2022-138 Authorizing the City Manager, or His/her Designee, to Act as the Authorized Representative to Sign and File, for and on behalf of the City of Riverbank, A Financial Assistance Application for a Financing Agreement from the State Water Resources Control Board for the Planning, Design, and Construction of the Riverbank Regional Recycled Water Project
Item 14.7 A Reimbursement Resolution 2022-139 Declaring the City’s Intent to Expect Reimbursement of Expenditures Paid Prior to the Issuance of Obligations or the Approval by the State Water Board of Project Funds.
Councilmember Barber-Martinez pulled Item 14.1 for further discussion.
Mayor O’Brien Opened Public Comment at 8:08 p.m.
Mayor O’Brien Closed Public Comment at 8:08 p.m.
There being no public comments, Mayor O’Brien brought the item back to the City Council.
ACTION: By motion moved and seconded (Uribe / Barber-Martinez 5/0) to approve the consent calendar as presented with the exception of Item 14.1.
Motion carried by unanimous City Council and LRA Board roll call vote:
AYES: Uribe, Hernandez, Barber-Martinez, Jones Cruz, O’Brien NAYS: None / ABSENT: None / ABSTAINED: None
Item 14.1 A Resolution 2022-140 to allocate funds for the Squire Wells Way Roundabout.
CC / LRA Minutes – 12/13//2022
ACTION: By motion moved and seconded (Barber-Martinez / Uribe 5/0) to approve Item 14.1. of the Consent Calendar.
Motion carried by unanimous City Council and LRA Board roll call vote:
AYES: Uribe, Hernandez, Barber-Martinez, Jones Cruz, O’Brien NAYS: None / ABSENT: None / ABSTAINED: None
15. PUBLIC HEARING
The Public Notice for Item 15.1. was published on September 21, 2022 in the Modesto Bee.
Item 15.1 Riverbank Regional Recycled Water Project (RRRWP) Council Consideration of Resolution Adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Riverbank Regional Recycled Water Project and Approving the Project.- It is recommend that City Council approve Resolution 2022- adopting the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) and approve the Project based on the analysis presented below and based on the findings in the published Initial Study / Mitigated Negative Declaration for the Riverbank Regional Recycled Water Project.
Neal Cowell, Representative with KSN gave a comprehensive staff report and Power Point Presentation on the Riverbank Recycled Water Project (RRRWP).
Mayor opened the Public Hearing at 8:25 p.m.
Mayor closed Public Hearing at 8:25 p.m.
There being no public comments, Mayor O’Brien brought the item back to City Council.
ACTION: By motion moved and seconded (Uribe / Jones Cruz 5/0) to approve Resolution 2022-141 accepting the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) and approve the Project based on the analysis presented below and based on the findings in the published Initial Study / Mitigated Negative Declaration for the Riverbank Regional Recycled Water Project
Motion carried by unanimous City Council and LRA Board roll call vote:
AYES: Uribe, Hernandez, Barber-Martinez, Jones Cruz, O’Brien NAYS: None / ABSENT: None / ABSTAINED: None
16. NEW BUSINESS
Item 16.1 A Resolution Approving the Memorandum of Understanding between the City of Riverbank and Riverbank Mid-Management Employees Association- It is recommended that City Council adopt a Resolution
CC / LRA Minutes – 12/13//2022
approving the Memorandum of understanding between the City of Riverbank and the Riverbank Mid-Management Employees Association.
City Manager Garcia gave a comprehensive Staff Report and Power Point Presentation on the terms for the Memorandum of Understanding MidManagement Association and the City of Riverbank.
Mayor opened Public Comment at 8:35 p.m.
Mayor closed Public Comment at 8:35 p.m.
There being no public comments, Mayor O’Brien brought the item back to City Council.
ACTION: By motion moved and seconded (Jones Cruz / Barber-Martinez 5/0) to approve Resolution 2022-142 approving the Memorandum of Understanding between the City of Riverbank and the Riverbank MidManagement Employees Association.
Motion carried by unanimous City Council and LRA Board roll call vote:
AYES: Uribe, Hernandez, Barber-Martinez, Jones Cruz, O’Brien NAYS: None / ABSENT: None / ABSTAINED: None
Item 16.2 A Resolution to Approve an Employment Agreement Between the City of Riverbank and Tamera Alcantor as Assistant City
Manager/Administrative Services Director and Authorize the City Manager to execute the Agreement- It is recommended that the City Council consider adopting a Resolution which will approve an Employment Agreement with Tamera Alcantor as Assistant City Manager/Administrative Services Director.
City Manager Garcia gave a comprehensive Staff Report and Power Point Presentation on the terms on the Employment Agreement for the Assistant City Manager/ Administrative Services Director.
Mayor opened Public Comment at 8:41 p.m.
Mayor closed Public Comment at 8:41 p.m.
There being no public comments, Mayor O’Brien brought the item back to City Council.
ACTION: By motion moved and seconded (Barber-Martinez / Uribe 5/0) to approve Resolution 2022-143 to approve the Employment Agreement for Tamera Alcantor as Assistant City Manager/ Administrative Services Director.
Motion carried by unanimous City Council and LRA Board roll call vote:
AYES: Uribe, Hernandez, Barber-Martinez, Jones Cruz, O’Brien NAYS: None / ABSENT: None / ABSTAINED: None
CC / LRA Minutes – 12/13//2022
17. COMMENTS/REPORTS
A brief report on notable attendance of a meeting or conference or other notable topics of City business shall be made. The Brown Act does not allow for discussion or action of items by the City Council/LRA Board during this time.
Item 17.1 Staff
City Manager Garcia reported on the following:
• Reminding residents City Offices will be closed from December 22nd 2022 to January 2nd, 2023. Returning January 3rd, in the meantime please feel free to email staff with any needs.
• Thank you to all Parks & Recreation Staff and all of the Streets and Public Works staff that worked extremely hard during the Rain on the Christmas Parade. • Thank you to all our City Council on behalf of Staff for all your support during this year, a year of change, we thank you for the opportunity to serve you.
Item 17.2 Council/Authority Member
Councilmember Jones Cruz reported on the following:
• It’s a pleasure to serve the Community.
• Thank you to City workers for the parade, glad we held it despite the rain. • Looking forward to doing things here at the city and getting to work with the city council.
Councilmember Hernandez reported on the following:
• Thank you to the residents for coming out and being civically engaged, we are going to work hard to keep everyone informed of any grants that come in and fees that can be reduced.
• It has been a year of change, congratulations to Marisela, Gaby, Cody, and everyone that is joining the council and planning commissioners.
Councilmember Uribe reported on the following:
• Had the opportunity to meet with the Presidente Municipal of our Sister City Tamazula de Gordiano, had breakfast and had conversation regarding this collaboration we are working on building.
• Happy New Year, Merry Christmas, Happy Holidays!
Councilmember Barber-Martinez reported on the following:
• Congratulations to Tammy, Leanne, and Cody!
• Thank you to everyone who participated in the Craft Fair and the parade, we got soaked but it still was a lot of fun!
• Appointed to the League of California Cities Public Safety Policy Committee. • Looking forward to another productive year as we move our city forward. • Merry Christmas and Happy New Year to all!
Item 17.3 Mayor/Chair
Mayor O’Brien reported on the following:
• Thank you to Parks and Rec for the Christmas Parade.
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• Lt. Vernon was out there who did a great job emceeing the Parade. • Looking forward to the new year, we have a lot that we need to accomplish and a lot of work to do.
• Thank you to Michael for your years of dedicated service. • Welcome Leanne to the Council thank you for being a part of the public that came forward.
• CALTRANS Day coming here in Riverbank.
• Merry Christmas, Happy Hanukah, Happy Holidays!
18. CLOSED SESSION
The public will have a limit of 3 minutes to comment on Closed Session item(s) as set forth on the agenda prior to the City Council/LRA Board recessing to Closed Session.
Item 18.1 CONFERENCE WITH LEGAL COUNSEL- POTENTIAL LITIGATION (Pursuant to Government Code § 54956.9)
Administrative Citation Appeal: 7060 Burneyville Road
Mayor O’Brien asked whether there was anyone wishing to speak on the items listed on the Closed Session Agenda; there being none, Mayor O’Brien adjourned the City Council to closed session at 8:47 p.m.
19. REPORT FROM CLOSED SESSION
Mayor O’Brien reconvened the meeting at 8:53 p.m.
Item 19.1 Report from Closed Session Item 18.1
CONFERENCE WITH LEGAL COUNSEL- POTENTIAL LITIGATION
(Pursuant to Government Code § 54956.9)
Administrative Citation Appeal: 7060 Burneyville Road
Direction was provided to staff.
20. ADJOURNMENT OF THE REGULAR MEETING
There being no further business, Mayor / Chair O’Brien adjourned the regular meeting at 8:53p.m. to the next regular scheduled City Council / LRA Meeting of January 10th 2023 at 6:00 p.m.
ATTEST: (Adopted 01/10/2023) APPROVED:
Gabriela Hernandez Richard D. O’Brien
City Clerk / LRA Recorder Mayor/Chair
Item 10.1 - CC/LRA- 1/10/23
RIVERBANK CITY COUNCIL/ LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 10.1
SECTION 10: PUBLIC HEARING
Meeting Date: January 10, 2023
Subject: First Reading by Title Only and Introduction of a Proposed Ordinance Amending Title XV: Building Regulations, Adoption of Standard Codes, by repealing in their entirety Sections §150.01 PURPOSE AND AUTHORITY through §150.16 SOLAR
/PHOTOVOLTAIC POWER SYSTEMS, and substituting them
with new Sections §150.01 through §150.16 and Adopting by Reference the 2023 California Administrative, Building, Residential, Electrical, Mechanical, Plumbing Energy, Existing Building, Historical Building, Fire, and Green Building Standards and Solar/Photovoltaic Power Systems; and
Amending Title XV: Land Usage, Chapter 157: WATER
EFFICIENT LANDSCAPE AND IRRIGATION; Section 157.01:
Purpose and Intent.
From: Marisela H. Garcia, City Manager
Submitted by: Donna M. Kenney, Planning and Building Manager Janet Smallen, Sr. Community Development Specialist
RECOMMENDATION
It is recommended that the City Council introduce and pass to a second reading an Ordinance adopting the 2023 California Building Codes as referenced above.
SUMMARY
The State of California (State) mandates that local jurisdictions adopt and commence enforcement of the latest State building codes within six months of the adoption by the State. Recently, the State published the 2023 building code with an effective date for enforcement of January 1, 2023. The City of Riverbank must adopt the 2023 building code in order to comply with State law.
Item 10.1 - CC/LRA- 1/10/23
BACKGROUND
The California Building Standards Code (Building Code) is updated and published every three years under the direction of the California Building Standards Commission. The Building Code comprises Title 24 of the California Code of Regulations and is intended to provide for the safety and welfare of all citizens through the implementation of the latest technology, materials, engineering, construction, and sustainability methods, as regulated by the latest adopted building codes.
Some identified changes include:
• Onsite battery storage and solar photovoltaic panels for most multifamily and commercial buildings. Most new public and private buildings (hotels, restaurants, medical clinics, theaters, grocery and retail stores, offices and banks, schools and libraries, etc.) will now be required to install solar starting in 2023. • Efficiency measures for the entire building, including electric heat-pump technology for water and space heating instead of gas and new ventilation standards to improve indoor air quality.
• New measures for indoor growing, commercial greenhouses, cannabis production, and controlled horticulture.
• The establishment of electric-ready requirements for most single-family homes, which will push homeowners to use electric vehicle charging, electric heating, and electric cooking. Such measure have been put into place to make sure gaspowered appliances are eventually replaced with electric-based appliances.
ENVIRONMENTAL
The proposed project is exempt from analysis under the California Environmental Quality Act (CEQA) under the “Common Sense Exemption” that CEQA applies only to projects that have the potential for causing significant environmental effects, as specified in Section 15061(b)(3).
FINANCIAL IMPACT
There is no direct financial impact associated with the adoption of the 2023 California Building Standards Code (Title 24) other than a set of new code books which were purchased for $1,404.53.
ATTACHMENT
1. Ordinance 2023-XXX
{CW034536.3} Page 1 of 10
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CITY OF RIVERBANK
ORDINANCE 2023-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIVERBANK REPEALING AND REPLACING TITLE XV: LAND USAGE; CHAPTER 150:
BUILDING REGULATIONS; SECTIONS 150.01 THROUGH 150.16 AND ADOPTING BY REFERENCE THE 2023 EDITION OF THE CALIFORNIA ADMINISTRATIVE
CODE, CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE,
CALIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA PLUMBING
CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA FIRE CODE, CALIFORNIA
MECHANICAL CODE, CALIFORNIA ENERGY CODE, CALIFORNIA EXISTING
BUILDING CODE, CALIFORNIA HISTORICAL CODE, AND SOLAR/PHOTOVOLTAIC POWER SYSTEMS AND AMENDING TITLE XV: LAND USAGE; CHAPTER 157:
WATER EFFICIENT LANDSCAPE AND IRRIGATION; SECTION 157.01: PURPOSE
AND INTENT
WHEREAS, California building codes and standards are updated annually and published in Title 24 of the California Code of Regulations; WHEREAS, Title 24 of the California Code of Regulations is republished every three years;
WHEREAS, the City of Riverbank last adopted Title 24 of the California Code of Regulations as published in 2019;
WHEREAS, Title 24 of the California Code of Regulations was republished in 2023;
WHEREAS, the City of Riverbank believes that it is in the best interest of public health, safety, and the general welfare for its City Code to reflect the most recent updates to Title 24 of the California Code of Regulations; and WHEREAS, the City of Riverbank desires to update its City Code to adopt Title 24 of the California Code of Regulations as published in 2023.
NOW, THEREFORE, The City Council of the City of Riverbank does hereby ordain as follows:
SECTION 1. Title XV: Land Usage, Chapter 150: Building Regulations, Sections 150.01 through Section 150.16 of the Riverbank City Code are repealed in their entirely and shall be amended to read as follows:
ATTACHMENT 1
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CHAPTER 150: BUILDING REGULATIONS
Section
General Provisions
150.01 Purpose and authority
150.02 Mandatory duty of care
150.03 Severability
150.04 Savings clause
Adoption of Standard Codes
150.05 Administrative Code
150.06 Building Code
150.07 Residential Code
150.08 Green Building Standards Code
150.09 Plumbing Code
150.10 Electrical Code
150.11 Fire Code
150.12 Mechanical Code
150.13 Energy Code
150.14 Existing Building Code
150.15 Historical Building Code
150.16 Solar/photovoltaic power systems
GENERAL PROVISIONS
§ 150.01 PURPOSE AND AUTHORITY.
The purpose of this chapter is to adopt by reference the 2023 Edition of the California Building Standards Code, Title 24 - Part 1; Part 2, Volume I & II; Part 2.5; Part 3; Part 4; Part 5; Part 6; Part 8; Part 9; Part 10; and Part 11 of the California Code of Regulations subject to the definitions, clarifications, and the amendments set forth in this chapter. {CW034536.3} Page 3 of 10
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The purpose of this chapter is also to provide minimum requirements and standards for the protection of public safety, health, property, and welfare of the City of Riverbank.
This chapter is adopted under the authority of Government Code subsection 50022.2 and Health and Safety Code Section 18941.5.
§ 150.02 MANDATORY DUTY OF CARE.
This chapter is not intended to and shall not be construed or given effect in a manner that imposes upon the city or any officer or employee thereof a mandatory duty of care towards persons and property within or without the city, so as to provide a basis of civil liability for damages, except as otherwise imposed by law. § 150.03 SEVERABILITY.
If any provision of §§ 150.01 through 150.16 and 157.01 or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
This City Council hereby declares that it would have adopted this chapter irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. § 150.04 SAVINGS CLAUSE.
The provisions of §§ 150.01 through 150.16 and 157.01 shall not affect or impair an act done or right vested or approved or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take affect; but every such act done, or right vested or accrued, or proceeding, suit or prosecution shall remain in full force and affect to all intents and purposes as if such ordinance or part thereof so repealed had remained in force. No offense committed and no liability, penalty or forfeiture, either civilly or criminally incurred prior to the time when any such ordinance or part thereof shall be repealed or altered by this Code shall be discharged or affected by such repeal or alteration; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures shall be instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered.
ADOPTION OF STANDARD CODES
§ 150.05 ADMINISTRATIVE CODE.
In order to regulate the erection, construction, enlargement, alteration, repair, removal, demolition, conversion, occupancy, equipment, wiring, plumbing, use, height, area, and maintenance of all buildings and structures within the City of Riverbank, the 2023 Edition of the California Administrative Code, published by the International Code Council (ICC), as adopted by the Building Standards Commission of the State of California and codified in the California Building Standards Code at Title 24, Part 1, of the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Riverbank, is hereby adopted and made a part of this chapter as though set forth in full herein. A true and correct copy of the 2023 California {CW034536.3} Page 4 of 10
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Administrative Code as adopted by this section shall be on file in the office of the City Building Official for examination and use by the public. § 150.06 BUILDING CODE.
In order to regulate the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, wiring, plumbing, use, height, area, and maintenance of all buildings and structures within the City of Riverbank, the 2023 Edition of the California Building Code, Title 24, Part 2, Volumes 1 and 2, published by the International Code Council (ICC), administrative sections, Chapter 29, Appendices A, C, and I; and amendments, as adopted by the Building Standards Commission of the State of California and codified at Title 24, Part 2 in the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Riverbank, is hereby adopted and made part of this chapter as though set forth in full herein. A true and correct copy of the 2023 California Building Code as adopted by this section shall be on file in the office of the City Building Official for inspection by the public.
§ 150.07 RESIDENTIAL CODE.
The purpose of this Code is to establish minimum requirements to safeguard the public health, safety, and general welfare through structural strength, means of egress facilities, stability, access to persons with disabilities, sanitation, adequate lighting, ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment, and to provide safety to firefighters and emergency responders during emergency operations. The provisions of this Code shall apply to the construction, alteration, enlargement, replacement, repair, equipment, use, occupancy, location, maintenance, removal, and demolition of every detached one and two single family dwellings, townhouse not more than three stories above grade plane in height with a separate means of egress and structures accessory thereto within the City of Riverbank. Therefore, the 2023 California Residential Code, Title 24, Part 2.5, published by the International Code Council (ICC), in the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Riverbank, is hereby adopted and made part of this chapter as though set forth in full herein. A true and correct copy of the 2023 California Residential Code as adopted by this section shall be on file in the office of the City Building Official for inspection by the public.
§ 150.08 GREEN BUILDING STANDARDS CODE.
(A) In order to improve public health, safety, and general welfare by enhancing the design and construction of buildings through the use of building concepts having a reduced negative impact or positive environmental impact, and encouraging sustainable construction practices within the City of Riverbank, the 2023 Edition of the California Green Building Standards Code, Title 24, Part 11 (also known as the CALGreen Code), published by the International Code Council (ICC), in the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Riverbank, is hereby adopted and made part of this chapter as though set forth in full {CW034536.3} Page 5 of 10
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herein. The provisions of this code shall apply to the planning, design, use, and occupancy of every newly constructed building or structure, unless otherwise indicated in this code, throughout the City of Riverbank. A true and correct copy of the 2023 California Green Building Standards Code as adopted by this section shall be on file in the office of the City Building Official for inspection and use by the public. (B) This section shall be known as the Green Building Regulations of the City of Riverbank and regulates the construction of new buildings within this jurisdiction, except work located primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated in the California Green Building Code, and hydraulic flood control structures. The Green Building Regulations shall also apply to city owned buildings.
(C) Where in any specific case, different sections of the Green Building Regulations specify different materials, methods of construction, or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall apply. § 150.09 PLUMBING CODE.
In order to provide minimum requirements and standards for the protection of the public health, safety, and general welfare and to regulate the erection, installation, alteration, addition, repair, relocation, replacement, maintenance, and use of any plumbing system within the City of Riverbank, the 2023 Edition of the California Plumbing Code, Title 24, Part 5 and all appendix chapters, published by the International Association of Plumbing and Mechanical Officials (IAPMO), as adopted by the Building Standards Commission of the State of California and codified in the California Building standards Code at Title 24, Part 5 of the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Riverbank, is hereby adopted and made a part of this chapter as though set forth in full herein. A true and correct copy of the 2023 California Plumbing Code as adopted by this section shall be on file in the office of the City Building Official for inspection and use by the public. § 150.10 ELECTRICAL CODE.
In order to provide minimum standards for the proper regulation of the installation of electrical systems within the City of Riverbank, the 2023 Edition of the California Electrical Code, Title 24, Part 3, and all appendix chapters, published by the National Fire Protection Association (NFPA), as adopted by the Building Standards Commission of the State of California and codified in the California Building Standards Code at Title 24, Part 3, of the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Riverbank, is hereby adopted and made a part of the chapter as though set forth in full herein. A true and correct copy of the 2023 California Electrical Code shall be in the office of the City Building Official for inspection and use by the public.
§ 150.11 FIRE CODE.
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In order to provide minimum standards to safeguard life, limb, health, property, and public welfare from fire and explosive hazards arising from the storage, handling, and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the City of Riverbank, the 2023 California Fire Code, Title 24, Part 9, including Appendix Chapter 4, Appendices A, B, C, D, E, F, G, H, I, and J, published by the International Code Council (ICC), in the California Code of Regulations, as adopted by the Stanislaus Consolidated Fire Protection District, except as specifically repealed or amended by ordinance of the City of Riverbank, is hereby adopted and made part of this chapter as though set forth in full herein. A true and correct copy of the 2023 California Fire Code as adopted by this section shall be on file in office of the Building Official for inspection by the public. § 150.12 MECHANICAL CODE.
(A) In order to provide minimum standards to safeguard life, limb, health, property, and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation, maintenance, and use of heating, ventilating, cooling, refrigeration systems, and other heat-producing appliances and systems within the City of Riverbank, the 2023 Edition of the California Mechanical Code, Title 24, Part 4, and all appendix chapters, published by the International Association of Mechanical and Plumbing Officials (IAPMO), as adopted by the Building Standards Commission of the State of California and codified in the California Building Standards Code at Title 24, Part 4 of the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Riverbank, is hereby adopted and made a part of this chapter as though set forth in full herein. A true and correct copy of the 2023 California Mechanical Code as adopted by this section shall be on file in the office of the City Building Official for inspection and use by the public. (B) Heating, cooling, and swimming pool equipment shall not be located within the required five-foot side or rear yard setback as defined by the City of Riverbank Zoning Ordinance for residential zonings.
§ 150.13 ENERGY CODE.
In order to provide minimum standards to safeguard life, limb, health, property, and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation, maintenance and use of manufactured devices that have been certified by their manufacturer to meet or exceed minimum specifications or efficiencies by the California Energy Commission within the City of Riverbank, the 2023 Edition of the California Energy Code, Title 24, Part 6, and all appendix chapters, published by the International Code Council, as adopted by the Building Standards Commission of the State of California and codified in the California Building Standards Code at Title 24, Part 6 of the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Riverbank, is hereby adopted and made a part of this chapter as though set forth in full herein. A true and correct copy of the 2023 California Energy Code as adopted by this section shall be on file in the office of the City Building Official for inspection and use by the public. {CW034536.3} Page 7 of 10
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§ 150.14 EXISTING BUILDING CODE.
In order to provide minimum standards to safeguard life, limb, health, property, and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation, maintenance, and use of existing buildings while reducing the risk of death or injury that may result from the effects of earthquakes on existing unreinforced masonry bearing wall buildings within the City of Riverbank, the 2023 California Existing Building Code, Title 24, Part 10, published by the International Code Council (ICC), in the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Riverbank, is hereby adopted and made part of this chapter as though set forth in full herein. A true and correct copy of the 2023 California Existing Building Code as adopted by this section shall be on file in the office the of City Building Official for inspection by the public. § 150.15 HISTORICAL BUILDING CODE.
In order to provide minimum standards to safeguard life, limb, health, property, and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation, maintenance and use of historical buildings to provide solutions for the preservation of qualified historical buildings or properties, to promote sustainability, to provide access for persons with disabilities, to provide a cost-effective approach to preservation, and to provide for the reasonable safety of the occupants or users within the City of Riverbank, the 2023 California Historical Building Code, Title 24, Part 8, published by the International Code Council (ICC), in the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Riverbank, is hereby adopted and made part of this chapter as though set forth in full herein. A true and correct copy of the 2023 California Historical Building Code as adopted by this section shall be on file in the office of the City Building Official for inspection by the public.
SOLAR/PHOTOVOLTAIC POWER SYSTEMS
§ 150.16 SOLAR/PHOTOVOLTAIC POWER SYSTEMS.
(A) Where installed. Solar Photovoltaic Power Systems shall comply with the requirements of the 2023 California Residential Code, 2023 California Electrical Code, 2023 California Building Code, 2023 California Fire Code and California State Fire Marshal Solar Photovoltaic Installation Guidelines (the “Solar Photovoltaic Installation Guideline,” published April 22, 2008).
(B) The city may impose fees related to Solar/Photovoltaic Power Systems and from time to time amend said fees by resolution.
(C) Small Residential Rooftop Solar Energy System review process. (1) The following words and phrases as used in this section are defined as follows:
ELECTRONIC SUBMITTAL. The utilization of one or more of the following:
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1. E-mail;
2. The internet;
3. Facsimile.
SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM. Includes all of the following:
1. A solar energy system that is no larger than ten kilowatts alternating current nameplate rating or 30 kilowatts thermal.
2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city and paragraph (iii) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.
3. A solar energy system that is installed on a single or duplex family dwelling.
4. A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction.
SOLAR ENERGY SYSTEM. Has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time. (2) Section 65850.5 of the California Government Code provides that in developing an expedited permitting process, the city, county, or city and county shall adopt a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review. The building official is hereby authorized and directed to develop and adopt such checklist.
(3) The checklist shall be published on the city’s internet website. The applicant may submit the permit application and associated documentation to the city’s building division by personal or electronic submittal together with any required permit processing and inspection fees. In the case of electronic submittal, the electronic signature of the applicant on all forms, applications and other documentation may be used in lieu of a wet signature.
(4) Prior to submitting an application, the applicant shall:
(a) Verify to the city’s reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and (b) At the applicant’s cost, verify to the city’s reasonable satisfaction using standard electrical inspection techniques that the existing electrical system including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system’s current use, to carry all new photovoltaic electrical loads.
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(5) For a small residential rooftop solar energy system eligible for expedited review, only one inspection shall be required, which shall be done in a timely manner and may include a consolidated inspection by the Building Inspector and Fire Department designee. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized; however, the subsequent inspection need not conform to the requirements of this subsection.
(6) An application that satisfies the information requirements in the checklist, as determined by the building official, shall be deemed complete. Upon receipt of an incomplete application, the building official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.
(7) Upon confirmation by the building official of the application and supporting documentation being complete and meeting the requirements of the checklist, the building official shall administratively approve the application and issue all required permits or authorizations within one to three working days in which the permit application is submitted. Such approval does not authorize an applicant to connect the small residential rooftop energy system to the local utility provider’s electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider.
SECTION 2. Title XV: Land Usage, Chapter 157: Water Efficient Landscape and Irrigation, Sections 157.01 of the Riverbank City Code is amended to read as follows:
§ 157.01 Purpose and Intent.
The purpose and intent of this chapter is to establish landscaping regulations that are intended to:
(A) Enhance the aesthetic appearance of development in all areas of the city by providing development standards relating to quality, quantity and functional aspects of landscaping and landscape screening.
(B) Increase compatibility between residential and abutting commercial and industrial uses.
(C) Reduce the heat and glare generated by development. (D) Establish a water conservation plan to reduce water consumption in the landscape environment using conservation principles important to the State of California and the City of Riverbank.
(E) Protect public health, safety, and welfare by minimizing the impact of all forms of physical and visual pollution, controlling soil erosion, screening incompatible land uses, preserving the integrity of neighborhoods, and enhancing pedestrian and vehicular traffic and safety.
(F) Comply with the California Department of Water Resources Model Water Efficient Landscape Ordinance as contained in Title 23, Division 2, Chapter 2.7 of the California {CW034536.3} Page 10 of 10
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Code of Regulations and the California Green Building Standards of 2023 and/or these standards as amended from time to time.
SECTION 3. This Ordinance shall become effective thirty (30) days from and after its final passage and adoption, provided it is published in a newspaper of general circulation at least fifteen (15) days prior to its effective date.
SECTION 4. If any section, subdivision, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.
SECTION 5. This Ordinance shall become effective thirty (30) days after it passage by the City Council, and following the affirmative vote of a majority of the members of the City Council. Within 15 days of its adoption, a summary of the ordinance shall be published in a newspaper of general circulation in the City of Riverbank, State of California, which summary shall include the names of those Council Members voting for and against the ordinance. A certified copy of the full text of such adopted ordinance or amendment shall be on file in the office of the City Clerk.
SECTION 6. The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Riverbank held on January 10, 2023. Said ordinance was given a second reading at a regular meeting of said Council on _____________, 2023, and Councilmember __________, seconded by Councilmember _________, moved the adoption of said ordinance and upon roll call was carried by the following:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ _________________________
Gabriela Hernandez Richard D. O’Brien
City Clerk Mayor
APPROVED AS TO FORM:
__________________________
Tom Hallinan
City Attorney
Item 10.2 - CC / LRA -1/10/2023
RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 10.2
SECTION 10: PUBLIC HEARING
Meeting Date: January 10, 2023
Subject: Consideration of an Ordinance to Rezone the Summerfair Site to Planned Development and Resolutions for a General Plan Amendment and Architecture and Site Plan Review
From: Marisela H. Garcia, City Manager
Submitted by: Donna M. Kenney, Planning and Building Manager
RECOMMENDATION
It is recommended that the City Council receive a presentation, take public comment, and consider approving the Ordinance and Resolutions for the Summerfair General Plan Amendment, Rezone, Architecture and Site Plan Review, and Mitigated Negative Declaration Project.
SUMMARY
The proposed project consists of a General Plan Amendment (GPA) to Community Commercial (C/C), a Zoning Ordinance Amendment (Rezone) to Planned Development (PD), and the Architecture and Site Plan Review (ASPR) of a storage facility on an approximately 5.9-acre lot. The project site currently has a General Plan Land Use designation of Medium Density Residential (MDR) and is currently zoned General Commercial (C-2). The Planning Commission, after taking public comment at their regular meeting of December 20, 2022, voted 4-0 on 3 Resolutions to recommend approval of the project to the City Council (Attachment 4).
BACKGROUND
On September 14, 2021, the Riverbank City Council approved an Ordinance allowing for a 12.27-site to be rezoned to Planned Development (PD) from General Commercial (C2) to allow for the development of forty-seven (47) single-family residential units on a
Item 10.2 - CC / LRA -1/10/2023
portion of the 12.27-acre site. In addition to adopting the Ordinance, the City Council approved a Tentative Map that subdivided the 12.27-acre site which left a 5.9-acre parcel remaining. In accordance with Section 21159.21(a-j) of the CEQA Statutes, the City Council determined the residential portion of the project to be exempt from further environmental review. The 5.9-acre remainder parcel is the location for the Proposed Project and an Initial Study was completed, leading to a Mitigated Negative Declaration.
The Project site address is 6448 Claus Road (APN: 062-020-001). It is vacant and has been disked for weeds for many years. The 5.9-acre property is surrounded by singlefamily residential housing to the north, east, and west. Railroad tracks are adjacent to the south property line and Riverbank High School is across Patterson Road to the south as well. The Project is located on the east side of Claus Road, north of Patterson Road and south of Stanislaus Street, and a segment of Sierra Street borders the property on the north. This project will connect the Diamond Bar West segment of Sierra Street in the east to Sierra Street on the west side of Claus Road.
The Project is required to annex into city-wide Community Facilities District 2016-01 for the future maintenance of the City’s streets, water, stormwater, and waste water systems as well as the provision of additional police officers. The developer has submitted his application and fee for this annexation.
PROJECT ANALYSIS
A. Architecture and Site Design
The Proposed Project consists of the development of a self-storage facility including boat and RV storage, climate control storage, and standard indoor storage (Attachment 5).
The Proposed Project also includes a 2,000 square foot office/administration building with a manager apartment on the second floor. Primary access to the Project site will be accommodated via a new driveway located off Claus Road with secondary/emergency vehicle access accommodated via a new driveway located on Sierra Street. The Proposed Project will extend Sierra Avenue westerly to connect with Claus Road. Sierra Street improvements shall be designed and installed in accordance with City standards.
The Proposed Project will require frontage improvements on Claus Road, including new curb, gutter, sidewalk, school crossing across Claus Road, street lighting, and paving improvement.
Proposed Project amenities include an RV wash station, on-site parking, enhanced landscaping, and perimeter wall treatment (Attachment 5). Perimeter wall treatment proposed includes a seven (7) foot wrought iron fence along the Project site’s northern and western perimeters, an eight (8) foot masonry wall located on the eastern and southern perimeters, and architectural wall elements that range between eleven (11) feet and eighteen (18) feet. The Proposed Project consists of a zero-lot line setback on the southern perimeter with the development of the storage building located on the Project site’s southern border adjacent to the Sierra Northern Railroad line located between the Project site and Patterson Road. Landscape improvements will be installed along the Project site’s frontage on Claus Road and Sierra Street.
Item 10.2 - CC / LRA -1/10/2023
The Proposed Project will connect to existing water lines in Claus Road and connect to existing sewer lines located in Sierra Street. Stormwater will be accommodated by a series of catch basins located on the Project site with an ultimate connection to a new stormwater line located in Sierra Street and running easterly to the Diamond Bar East basin.
Upon build-out, the Proposed Project will operate Monday through Saturday between the hours of 9:00am and 5:00pm and on Sundays, 12:00pm to 5:00pm. At any given time, there will be a maximum of five (5) employees on-site.
The structures will have a stucco finish with a light body color of Wooster Smoke with trim in Light Frost, accented with Stiletto (Attachment 6). A standing seam metal roof matches the dark green of the architectural panels of the wall.
B.Transportation and Circulation
The 5.9-acre site proposes 623 storage units (many climate-controlled) as well as 27 parking garages for RVs, 35 parking spaces for boats, and one space for the office/apartment use. KD Anderson and Associates, Inc. was retained to conduct a traffic study for the project. The report concludes the project would generate fewer daily trips than had been previously assumed in the General Plan EIR and Traffic Impact Fee (TIF) program for a commercial use at this site.
The project is responsible for completing the missing segment of Sierra Street between Claus Road and Cervi Street. There will be a crosswalk across Claus at Sierra to provide a safe crossing for families walking to Cardozo Middle School. Unfortunately, the north side of Sierra, east of Claus will have a segment missing from the sidewalk. The developer and staff were unable to acquire a small easement from the property owner directly north of the project site. Staff will continue outreach to this homeowner. The temporary sidewalk on the east side of Claus between Sierra and Patterson will be upgraded to a permanent sidewalk for students walking to Riverbank High School.
Vehicles on Claus Road will access the site from a driveway between Sierra Street and the railroad tracks adjacent to Patterson Road. There will only be an Emergency Vehicle Access (EVA) driveway on Sierra Street. The facility will be providing a drop-off concierge service that will use parking spaces on the property to keep traffic from backing up on Claus Road.
C.Stormwater
The Project will not have a basin onsite. Instead, storm water will flow from the site and be piped to the Diamond Bar East basin, where capacity has been added to accommodate the Summerfair project as well as The Heritage at Sierra Street subdivision to the east of the project site.
Item 10.2 - CC / LRA -1/10/2023
D.General Plan Amendment and Consistency
The proposed project requires a general plan amendment to change the residential designation (MDR) to a commercial planned development designation (PD). It is consistent with the following General Plan policies:
1. Policy DESIGN 2.3: The City will require appropriate signage and traffic control devices to safely accommodate pedestrian, bicyclists, and vehicular traffic. The developer is providing appropriate signage and traffic control devices to safely accommodate pedestrians, bicyclists, and vehicles.
2. Policy DESIGN 2.5: The City will require visually attractive streetscapes with street trees and sidewalks on both sides of the streets, planting strips, attractive transit shelters, benches, and pedestrian-scale streetlights in appropriate locations. The developer is providing visually attractive streetscapes on Claus Road and Sierra Street.
3. Policy DESIGN 8.3: The City will require the use of durable, high quality building materials to lower maintenance and replacement needs and ensure the aesthetic appeal of new development and rehabilitations. The developer is providing high quality materials for the construction of his family-owned business which includes a corner pop-up element and architectural metal panels to ensure aesthetic appeal.
4. Policy DESIGN 10.1: The City will require site and building access for pedestrians and bicyclists by providing the most direct pedestrian access from sidewalks and parking areas to building entrances while minimizing conflicts with motor vehicle traffic. The developer is providing direct access to the site for pedestrians and bicyclists that minimizes conflicts with traffic.
5. Policy LAND 4.3: The City will encourage and assist small, locally owned businesses that wish to locate, expand, or simply continue to do business in Riverbank through flexible development standards, public investment, property assemblage, incentives, streamlined entitlement processes, public-private partnerships, and other means. If the Council approves a Planned Development zoning for this site, the developer is provided with the flexibility needed to construct a project with smaller setbacks but a better internal circulation pattern.
Pursuant to California Government Code section 65358 and the Riverbank General Plan, the Planning Commission must have answers to the GPA implementation questions (IMP2) below before approving a project:
1. Is the proposed amendment in the public interest? The General Plan Amendment is in the public interest because the amendment will change the General Plan Land Use Map from MDR Medium Density Residential to C/C Community Commercial and allow a mini storage and RV concierge use near residential districts where
Item 10.2 - CC / LRA -1/10/2023
they are needed. The project will get RVs and boats off city streets and out of driveways, where they generate neighbor complaints.
2. Is the proposed amendment consistent and compatible with the goals and the vast majority of policies of the General Plan? The proposed amendment is compatible with the goals and objectives of the General Plan specifically Policy LAND-4.3. The City will encourage and assist small, locally owned businesses that wish to locate, expand, or simply continue to do business in Riverbank through flexible development standards, public investment, property assemblage, incentives, streamlined entitlement processes, public-private partnerships, and other means.
3. Have the potential effects of the proposed amendment been evaluated and determined not to be detrimental to the public health, safety, or welfare? The proposed amendment has been evaluated under CEQA and found to be not detrimental to the public health, safety, or welfare with the incorporation of mitigation.
4. Has the proposed amendment been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act? The proposed amendment has been processed in accordance with the California Government Code, the Riverbank Municipal Code, and the California Environmental Quality Act.
E. Rezone to Planned Development
The Project proposes a rezone to Planned Development (PD) and the development standards below. Included are the standards for the original C-2 commercial zoning for comparison. The side and rear setbacks of the PD are different than the C-2 standards so the developer is required to propose amenities to compensate. The developer has chosen to architecturally enhance the wall and provide enhanced landscaping.
Type of
Standard
Proposed PD Zone Standards C-2 Zone Standards
Lot Size 5.9 acres 6,000 square feet
minimum
Lot Width 410 feet (east side) and 346 feet (west
side)
65 feet minimum
Lot Depth 654 feet 100 feet minimum
Height 30 feet (manager apartment) 70 feet maximum
Front Setback 15 feet on Claus Road (west) 15 feet minimum Street Side
Setback
15 feet on Sierra Street (north) 15 feet minimum
Side Setback 5 feet to wall/residential (east) 25 feet minimum Rear Setback 0 feet to wall/railroad right of way (south) 15 feet minimum Sidewalks Both sides of Sierra Street and the east
side of Claus Road.
Both sides of street
required
Item 10.2 - CC / LRA -1/10/2023
Rezone Findings
In recommending approval of the Rezone to the City Council, the Planning Commission found the project met the required findings of fact:
1. Each individual unit of the development if built in stages, as well as the total development, can exist as an independent unit capable of creating a good environment in the locality and being in any stage as desirable and stable as the total development. The mini storage could be constructed as a first phase with the RV concierge use constructed in a second phase.
2. The uses proposed will not be a detriment to the present and proposed surrounding land uses but will enhance the desirability of the area and have a beneficial effect. Many new homes are built on small lots with no room to park an RV. In addition, many multigenerational families share a home that does not have enough room to store heirlooms and other important items. By locating this facility near residential areas, citizens are close to their belongings and can easily access them.
3. Any deviation from the standard ordinance requirements is warranted by the unusual design and additional amenities incorporated in the development plan which offers certain redeeming features to compensate for any deviations that may be permitted. The facility will offer a unique concierge service. An RV owner can drop off their RV after a trip, the facility will gas it, clean it, and store it in a garage until the owner decides to take another trip.
4. The principles incorporated in the proposed master plan identify unique characteristics which could not otherwise be achieved under other zoning districts.
By approving PD zoning, the site plan can utilize a smaller setback on two sides of the project which will provide better vehicle circulation within the site, especially for long RVs.
5. Where a PD rezone is initiated by the City, the previous findings are not required.
This PD was not initiated by the City.
ENVIRONMENTAL DETERMINATION
The City of Riverbank, acting as the Lead Agency, has prepared an Initial Study which considers the potential environmental effects of the proposed project. The Initial Study shows that there is no substantial evidence, in light of the whole record before the City of Riverbank, that the proposed project may have a potentially significant effect on the environment, provided that mitigation measures are included. An Initial Study and Mitigated Negative Declaration were drafted and available for public comment (Attachment 7).
Item 10.2 - CC / LRA -1/10/2023
The Final Mitigation Monitoring and Reporting Program (MMRP) to the Mitigated Negative Declaration is provided as Attachment 8. It has been prepared pursuant to Section 21081.6 of the California Public Resources Code, which requires public agencies to “adopt a reporting and monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment.” Included in the MMRP are preconstruction surveys for Swainson’s Hawks and special-status bird species, protections, and a process for Native American remains if discovered during construction, and noise reduction requirements that apply to construction equipment.
PUBLIC NOTICE
On December 21, 2022, public notices for the City Council hearing were mailed to interested parties and property owners within 300 feet of the project location. The City Council public hearing notice was published in the Riverbank News on December 28, 2022. The notice was posted on the City’s website and physically posted at City Hall North, South, the post office and sent to the library on December 21, 2022. The subject property public notice sign was posted on December 7, 2022.
ATTACHMENTS
1. Resolution 2023 –XXX (GPA and MND)
2. Ordinance 2023-XXX (RZ)
3. Resolution 2023 –XXX (ASPR)
4. Planning Commission Resolutions 2022-013/-014/-015
5. Site Plan and Elevations
6. Project Colors
7. Initial Study and Mitigated Negative Declaration
8. CEQA Response to Comments
9. Mitigation Monitoring and Reporting Program
CC/LRA – 01/10/2023
CC Resolution 2023-
CITY OF RIVERBANK
RESOLUTION 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK,
CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT
REDESIGNATING 5.9 ACRES, LOCATED AT 6448 CLAUS ROAD (APN 062- 020-001) TO C/C COMMUNITY COMMERCIAL AND ADOPTING A MITIGATED
NEGATIVE DECLARATION
THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:
WHEREAS, a General Plan Amendment, Rezone, and Architecture and Site Plan Review application has been received from Summerfair Commerce Center with a proposal to construct a storage facility on approximately 5.9 acres at 6448 Claus Road; and
WHEREAS, the City of Riverbank Planning Commission conducted a Hearing on December 20, 2022 to take public comment and consider the proposed General Plan Amendment from Medium Density Residential (MDR) to Community Commercial (C/C) and make a recommendation to City Council; and
WHEREAS, the Planning Commission after considering public comment voted 4- 0 to recommend to the City Council that they approve the General Plan Amendment request; and
WHEREAS, pursuant to Government Code section 65355, notice of the City Council public hearing on the General Plan Amendment was published in the Riverbank News, a newspaper of general circulation, on December 28, 2022; and WHEREAS, notices of the City Council public hearing on the General Plan Amendment were also mailed to all property owners within 300 feet of the property, according to the most recent assessor’s roll on December 21, 2022; and WHEREAS, all other legal perquisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF RIVERBANK DOES HEREBY FIND:
1. General Plan Amendment Findings. That pursuant to California Government Code sections 65358 and the Riverbank General Plan, the City Council finds as follows:
ATTACHMENT 1
CC/LRA – 01/10/2023
CC Resolution 2023-
a. The General Plan Amendment is in the public interest because the General Plan Amendment will change the General Plan Land Use Map to comply with the proposed rezone.
b. The General Plan Amendment is consistent and compatible with the goals and the vast majority of the policies of the General Plan. c. The proposed amendment has been evaluated under CEQA and an Initial Study and Mitigated Negative Declaration has been prepared for the project.
d. That the proposed amendment has been processed in accordance with the California Government Code, the Riverbank Municipal Code and the California Environmental Quality Act.
2. That, based on the findings set forth in this Resolution and the evidence in the City Staff Report and such other evidence as received at the public hearings on this matter before the City Council, the City Council hereby approves the General Plan Amendment and Mitigated Negative Declaration.
3. Constitutionality, severability. If any section, subsection, sentence, clause, phrase, or word of this resolution is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of the resolution. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more section(s), subsection(s), sentence(s), clause(s), phrase(s), or word(s) be declared invalid.
PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 10th day of January 2023; motioned by Councilmember ______, seconded by Councilmember __________, and upon roll call was carried by the following vote of ___:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________ ________________________
Gabriela Hernandez Richard D. O’Brien
City Clerk Mayor
CC/LRA- 1/10/2023 & 1/24/2023
CC Ordinance 2023-
CITY OF RIVERBANK
ORDINANCE 2023-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIVERBANK APPROVING THE REZONING OF 5.9 ACRES TO PLANNED DEVELOPMENT, LOCATED AT 6448 CLAUS ROAD (APN 062-020-001) –
A PROJECT KNOWN AS SUMMERFAIR COMMERCE CENTER
WHEREAS, a General Plan Amendment, Rezone, and Architecture and Site Plan Review application has been received from Summerfair Commerce Center with a proposal to construct a storage facility on approximately 5.9 acres at 6448 Claus Road; and
WHEREAS, the City of Riverbank Planning Commission conducted a Public Hearing on Tuesday December 20, 2022, to consider the proposed Rezone Ordinance (the “Rezone Ordinance”) in Riverbank and make a recommendation to the City Council; and
WHEREAS, the City Council held a properly noticed public hearing on the proposed Rezone Ordinance, and considered the Planning Commission recommendation, and any public comments and all documents or testimony received; and
WHEREAS, the City Council for the City of Riverbank has made the following findings for adoption:
1. An application has been received from Summerfair Commerce Center, LLC (“Summerfair”) with a proposal to construct a storage facility on approximately 5.9 acres at 6448 Claus Road; and
2. The project site is currently zoned residential Planned Development (PD) and the application includes a request to rezone the property to a commercial Planned Development (PD); and
3. The application also requests a General Plan Amendment to change the current designation of 6448 Claus Road from Medium Density Residential (MDR, which allows for a net density of 8-16 dwelling units per acre), to Community Commercial (C/C, which would allow for a storage facility); and
4. The project site is currently vacant and the application includes a request for the Architecture and Site Plan Review of a new storage facility; and
5. The Planning Commission held a public hearing on December 20, 2022 to consider Zoning Ordinance Amendment (Rezone) 03-2021; and ATTACHMENT 2
CC/LRA- 1/10/2023 & 1/24/2023
CC Ordinance 2023-
6. Notice of the public hearing on the Rezone was published in the Riverbank News, a newspaper of general circulation on December 7, 2022; and
7. Notices of the public hearing on the Rezone were mailed to all property owners within three hundred (300) feet of the property, according to the most recent assessor’s roll, on December 5, 2022; and
8. The Planning Commission has reviewed the proposed Rezone and conducted a public hearing on December 20, 2022, in the manner prescribed by law; and
9. All other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY OF RIVERBANK CITY COUNCIL DOES ORDAIN AS FOLLOWS:
Section 1: The City Council of the City of Riverbank approves Rezoning 5.9 acres to Planned Development zoning for a property located at 6448 Claus Road (APN 062-020- 001) to make it consistent with a General Plan Designation of Community Commercial (C/C).
Section 2: The City Clerk is hereby directed to cause the Official Zoning Map of the City of Riverbank to be revised to reflect the rezoning approved by this ordinance.
Section 3: Constitutionality, severability. If any section, subsection, subdivision, paragraph, sentence, clause, phrase or portion of this chapter, or any part thereof is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portion of this chapter or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared invalid or unconstitutional.
Section 4: This Ordinance shall become effective thirty (30) days from and after its final passage and adoption, provided it is published in a newspaper of general circulation at least fifteen (15) days prior to its effective date or a summary of the Ordinance is published in a newspaper of general circulation at least five (5) days prior to adoption and again at lease fifteen (15) days prior to its effective date.
The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Riverbank held on January 10, 2023. Said ordinance was given a second reading at a regular meeting of said Council on _____________, 2023, and Councilmember __________, seconded by Councilmember _________, moved the adoption of said ordinance and upon roll call was carried by the following:
CC/LRA- 1/10/2023 & 1/24/2023
CC Ordinance 2023-
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
__________________ ___________________
Gabriela Hernandez Richard D. O’Brien
City Clerk Mayor
APPROVED AS TO FORM:
_______________________
Tom Hallinan
City Attorney
CC/LRA – 01/10/2023
CC Resolution 2023-
CITY OF RIVERBANK
RESOLUTION 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK,
CALIFORNIA, APPROVING THE ARCHITECTURE AND SITE PLAN REVIEW FOR SUMMERFAIR, LOCATED AT 6448 CLAUS ROAD (APN 062-020-001)
THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:
WHEREAS, a General Plan Amendment, Rezone, and Architecture and Site Plan Review application has been received from Summerfair Commerce Center with a proposal to construct a storage facility on approximately 5.9 acres at 6448 Claus Road; and
WHEREAS, the City of Riverbank Planning Commission conducted a Hearing on December 20, 2022 to take public comment and consider the proposed Architecture and Site Plan Review; and
WHEREAS, the Planning Commission after considering public comment voted 4- 0 to recommend to the City Council that they approve the Architecture and Site Plan Review request; and
WHEREAS, pursuant to Government Code section 65355, notice of the City Council public hearing on the General Plan Amendment was published in the Riverbank News, a newspaper of general circulation, on December 28, 2022; and WHEREAS, notices of the City Council public hearing on the Architecture and Site Plan Review were also mailed to all property owners within 300 feet of the property, according to the most recent assessor’s roll, on December 21, 2022; and WHEREAS, all other legal perquisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF RIVERBANK DOES HEREBY FIND:
1. That, based on the findings set forth in this Resolution and the evidence in the City Staff Report and such other evidence as received at the public hearings on this matter before the City Council, the City Council hereby approves the Architecture and Site Plan Review for Summerfair.
2. Constitutionality, severability. If any section, subsection, sentence, clause, phrase, or word of this resolution is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid for any reason, such decision shall not affect the ATTACHMENT 3
CC/LRA – 01/10/2023
CC Resolution 2023-
validity of the remaining portions of the resolution. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more section(s), subsection(s), sentence(s), clause(s), phrase(s), or word(s) be declared invalid.
PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 10th day of January 2023; motioned by Councilmember ______, seconded by Councilmember __________, and upon roll call was carried by the following vote of ___:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________ ________________________
Gabriela Hernandez Richard D. O’Brien
City Clerk Mayor
ATTACHMENT 4
ATTACHMENT 4 CONT.
ATTACHMENT 4 CONT.
ATTACHMENT 6
Trim/Fascia/Gutter Light Body
Dark Body/Garage Door/Ralter Tails Accent
ATTACHMENT 7
ATTACHMENT 8
ATTACHMENT 9
{CW078984.1} 1
FINAL MITIGATION MONITORING AND REPORTING PROGRAM
This document is the Final Mitigation Monitoring and Reporting Program (MMRP) for the General Plan Amendment 01-2022, Rezone 03-2021, and Architectural Site Plan Review 08-2021 - Summerfair Commerce Center Project (Proposed Project). This MMRP has been prepared pursuant to Section 21081.6 of the California Public Resources Code, which requires public agencies to “adopt a reporting and monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment.” The MMRP provided herein consists of Mitigation Measures presented in the Public Review Draft Initial Study/Mitigated Declaration (IS/MND), SCH No. 2022100579, and as adopted by the City of Riverbank.
The MMRP, as outlined in the following table, describes mitigation timing, monitoring responsibilities, and compliance verification responsibility for all mitigation measures.
The City of Riverbank will be the primary agency responsible for implementing the mitigation measures and will continue to monitor mitigation measures that are required to be implemented during the operation of the Proposed Project.
The MMRP is presented in tabular form on the following pages. The components of the MMRP are described briefly below:
Mitigation Measures: The mitigation measures are taken from the Public Review Draft IS/MND in the same order that they appear in that document.
Mitigation Timing: Identifies at which stage of the Project mitigation must be completed.
Monitoring Responsibility: Identifies the agency that is responsible for mitigation monitoring.
Compliance Verification: This is a space that is available for the monitor to date and initial when the monitoring or mitigation implementation took place.
ATTACHMENT 9
{CW078984.1} 2
Table 1 - Mitigation Monitoring and Reporting Program
Environmental Impact Mitigation Measure Monitoring
Responsibility Timing Verification (Date/Initials)
Biological Resources
The Proposed Project may
result in potentially
significant impacts to
Swainson’s Hawk habitat.
BIO-1
The Project Proponent shall implement the following
measures to avoid or minimize impacts on Swainson’s Hawk:
• No more than 30 days before the commencement of
construction, a qualified biologist shall perform
preconstruction surveys for nesting Swainson’s Hawk
and other raptors during the nesting season (February
1 through August 31).
• Appropriate buffers shall be established and
maintained around active nest sites during
construction activities to avoid nest failure as a result of project activities. The appropriate size and shape of the buffers shall be determined by a qualified
biologist, in coordination with CDFW, and may vary
depending on the nest location, nest stage, and
construction activity. The buffers may be adjusted if a qualified biologist determines it would not be likely to adversely affect the nest. Monitoring shall be
conducted to confirm that project activity is not
resulting in detectable adverse effects on nesting birds or their young. No project activity shall commence
within the buffer areas until a qualified biologist has Project
Proponent and
City Community
Development
Department.
Prior to any
ground
disturbing
activities.
ATTACHMENT 9
{CW078984.1} 3
Environmental Impact Mitigation Measure Monitoring
Responsibility Timing Verification (Date/Initials)
determined that the young have fledged, or the nest
site is otherwise no longer in use.
• Consistent with General Plan Policy CONS-5.7, and
before the commencement of construction, the
Project Proponent shall provide compensatory
mitigation for the permanent loss of Swainson's Hawk
foraging habitat. Mitigation shall be at the CDFW
specified ratios, which are based on distance to nests.
The Proposed Project may
result in potentially
significant impacts to
special-status bird species.
BIO-2
The Project Proponent shall implement the following measure to avoid or minimize impacts on other protected bird species that may occur on the site:
• Preconstruction surveys for active nests of specialstatus birds shall be conducted by a qualified biologist in all areas of suitable habitat within 500 feet of
project disturbance. Surveys shall be conducted within
14 days before commencement of any construction
activities that occur during the nesting season
(February 15 to August 31) in a given area.
• If any active nests, or behaviors indicating that active nests are present, are observed, appropriate buffers
around the nest sites shall be determined by a
qualified biologist to avoid nest failure resulting from project activities. The size of the buffer shall depend on the species, nest location, nest stage, and specific Project
Proponent and
City Community
Development
Department.
Prior to any
ground
disturbing
activities.
ATTACHMENT 9
{CW078984.1} 4
Environmental Impact Mitigation Measure Monitoring
Responsibility Timing Verification (Date/Initials)
construction activities to be performed while the nest
is active. The buffers may be adjusted if a qualified
biologist determines it would not be likely to adversely affect the nest. If buffers are adjusted, monitoring will be conducted to confirm that project activity is not
resulting in detectable adverse effects on nesting birds or their young. No project activity shall commence
within the buffer areas until a qualified biologist has determined that the young have fledged or the nest
site is otherwise no longer in use.
Cultural Resources
CUL-1
If potential human remains are encountered, the construction contractor shall halt work in the vicinity (within 100 feet) of the find and contact the City of Riverbank. The Project Applicant and/or contractor shall be required to contact the Stanislaus County Coroner in accordance with Public Resources Code Section 5097.98 and Health and Safety Code Section 7050.5. If the coroner determines the remains are Native American, the coroner would contact the Native American Heritage
Commission (NAHC). As provided in Public Resources Code Section 5097.98, the NAHC would identify the person or
persons believed to be most likely descended from the
deceased Native American. The most likely decedent makes recommendations for means of treating or disposing of, with appropriate dignity, the human remains, and any associated Project
Proponent and
City Community
Development
Department.
During
Project
construction.
ATTACHMENT 9
{CW078984.1} 5
Environmental Impact Mitigation Measure Monitoring
Responsibility Timing Verification (Date/Initials)
grave goods as provided in Public Resources Code Section 5097.98. Implementation of Mitigation Measure CUL-1 would reduce the potential impact on human remains to a less than significant level.
Noise
NOISE-1
Construction equipment shall be well maintained to be as quiet as possible. The following measures, when applicable, shall be implemented to reduce noise from construction
activities:
• All internal combustion engine-driven equipment shall be equipped with mufflers that are in good condition
and appropriate for the equipment.
• “Quiet” models of air compressors and other stationary noise sources shall be used, where technology exists.
• Stationary noise-generating equipment shall be located as far as feasible from sensitive receptors (dwellings and Riverbank High School).
• Unnecessary idling of internal combustion engines shall be prohibited.
• Staging areas and construction material storage areas shall be located as far away as possible from adjacent
sensitive land uses (dwellings and Riverbank High
School).
City Community
Development
Department.
During
Project
construction.
ATTACHMENT 9
{CW078984.1} 6
Environmental Impact Mitigation Measure Monitoring
Responsibility Timing Verification (Date/Initials)
• Construction-related traffic shall be routed along major roadways (Claus Road and Patterson Road) and as far as
feasible from sensitive receptors.
• Residences or noise-sensitive land uses adjacent to
construction sites shall be notified of the construction schedule in writing. The construction contractor shall
designate a “construction liaison” that would be
responsible for responding to any local complaints about construction noise. The liaison shall determine the
cause of the noise complaints (e.g., starting too early, bad muffler, etc.) and shall institute reasonable
measures to correct the problem. The construction
contractor shall conspicuously post a telephone number
for the liaison at the construction site.
• The construction contractor shall hold a preconstruction meeting with the job inspectors and the general contractor/on-site project manager to confirm
that noise mitigation and practices (including
construction hours, construction schedule, and
construction liaison) are completed.
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RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 10.3
SECTION 10: PUBLIC HEARING
Meeting Date: January 10, 2023
Subject: First Reading by Title Only and Introduction of an Ordinance Amending Title XV: Section §153.003, DEFINITIONS, Section §153.031, USES PERMITTED, Section §153.046, USES
PERMITTED, Section §153.061, USES PERMITTED, Section
§153.067, USES PERMITTED, and adding Sections §153.170
through §153.177 related to Tiny House Villages
From: Marisela H. Garcia, City Manager
Submitted by: Donna M. Kenney, Planning and Building Manager David Niskanen, JB Anderson Land Use Planning
RECOMMENDATION
It is recommended that the City Council introduce and pass to a second reading an Ordinance permitting and providing development standards for tiny house villages in residential zones. At their regular meeting of December 20, 2022, the Planning Commission voted 4-0 on three resolutions to recommend that the City Council approve the Project.
SUMMARY
The proposed Zoning Ordinance Amendment is a staff-initiated proposal to modify the Riverbank Municipal Code (RMC) to add Tiny House Villages as a Permitted Use in Residential Zoning Districts and regulations for the development of Tiny House Villages.
Specifically, the amendments include:
• Amend Section §153.003, Definitions, to include definitions for Dwelling, Tiny House, and Tiny House Village.
• Amend Section §153.031, Uses Permitted in the R-1, Single-Family Residential District, Section §153.046, Uses Permitted in the R-2, Duplex Residential District, Section §153.061, Uses Permitted in the R-3, Multiple Family Residential District,
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and Section §153.067, Uses Permitted in the CX-1, Mixed Use District to add “Tiny House Villages” as a Permitted Use in each Zoning District. • Add Sections §153.170, Purpose, §153.171, Applicability, §153.172, Density, §153.173, Occupancy, §153.174, Design and Development Standards, §153.175 Landscaping and Open Space, §153.176, Accessory Structures, and §153.177 Architecture and Site Plan Review to the RMC. The new Sections provide development standards including but not limited to setbacks, off-street parking, landscaping and open space requirements, etc. related to Tiny House Villages.
BACKGROUND AND ANALYSIS
The City conducted a Public Workshop with Planning Commission on July 19, 2022 to discuss the proposed Tiny House Village Ordinance. The purpose of the Workshop was to discuss the contents of the Ordinance, including but not limited to the definition of a Tiny House, Zoning Districts in which Tiny House Villages should be permitted, setbacks, off-street parking, landscaping and open space, and lot area standards. The feedback provided by the Planning Commissioners’ and the public at the aforementioned Workshop have been incorporated into the proposed Tiny House Village Ordinance.
The proposed Zoning Ordinance Amendment includes:
Section §153.003 Definitions
Amend Section §153.003, Definitions, to include definitions for Dwelling, Tiny House, and Tiny House Village:
DWELLING, TINY HOUSE. A detached single-family residence within a tiny house village. A tiny house dwelling is defined as having a maximum floor area square footage of eight hundred (800) square feet and a minimum floor area square footage of one hundred fifty (150) square feet.
TINY HOUSE VILLAGE. A minimum of five (5) tiny house dwellings on either a single parcel or individual parcels for each tiny house dwelling as part of the same subdivision.
Section §153.031 Uses Permitted, Section §153.046 Uses Permitted, Section §153.061 Uses Permitted, Section 153.067 Uses Permitted.
Amend the Uses Permitted in the R-1, Single-Family Residential District, R-2, Duplex Residential District, R-3, Multifamily Residential District, and CX-1, Mixed Use District to add “Tiny House Villages” as a Permitted Use in each Zoning District.
New Sections §153.170 through §153.177 Tiny House Villages Amend the RMC to include new Sections to Chapter 153: Zoning to provide provisions and development regulations for the development of Tiny House Villages. The new Sections include Purpose, Applicability, Density, Occupancy, Design and Development
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Standards, Landscaping and Open Space, Accessory Structures, and Architecture and Site Plan Review. The new Sections include the following components:
Section 153.170: Purpose. This Section provides the purpose of the Tiny House Villages title. The purpose is to:
• Provide development regulations for tiny house villages, which support a diversity of housing choices to meet a wide variety of housing needs; • Encourage creation of more usable space for residents of tiny house village developments through flexibility in lot standards;
• Ensure that the overall size, including bulk and mass of tiny house village structures remains smaller and incurs less visual impact than standard size singlefamily dwellings, particularly given allowed intensity of tiny house village developments;
• Provide a centrally located and functional common open space area that fosters a sense of community and a sense of openness in tiny house village developments; • Provide private areas around the individual dwellings to enable diversity in landscape design and foster a sense of ownership; and
• Ensure minimal visual impact from vehicular use and storage areas for residents of the tiny house village development as well as adjacent properties, and to maintain a detached single-family character along public streets.
Section 153.171: Applicability. This clarifies that the regulations in the Tiny House Villages title apply to tiny house village developments in zones where such uses are permitted.
Section 153.172: Density. This Section provides how density shall be calculated for tiny house village developments and that the density shall adhere to the density requirements in the General Plan. As noted above, the proposed zoning ordinance amendment will permit tiny house village developments in residential Zoning Districts. The Density requirement for each residential Zoning District is as follows:
• R-1, Single-Family Residential District – up to eight (8) dwelling units per net acre. • R-2, Duplex Residential District – up to twelve (12) dwelling units per net acre. • R-3, Multiple Family Residential District – sixteen (16) or more dwelling units per net acre.
• CX-1, Mixed Use District – eight (8) or more dwelling units per net acre for detached residential uses.
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Section 153.173: Occupancy. The purpose of this Section is to clarify that tiny house village units shall not be rented on a transient basis, which is a period of less than thirty days.
Section 153.174: Design and Development Standards. The purpose of this section is to detail the specific Development Standards for Tiny House Villages. The Development Standards include:
• Parcel Size. The minimum parcel size shall be 1,800 square feet. Minimum width for interior lots is 30 feet (40 feet for corner lots), and a minimum depth of 60 feet. • Floor Area. The minimum floor area for each tiny house shall not exceed 800 square feet and shall be a minimum size of 150 square feet. Certain exclusions from the total floor area calculation include architectural projections, spaces with ceiling height of 5 feet or less, and other exceptions as determined by the Community Development Director.
• Lot Coverage. No more than 50 percent of the lot may be covered by buildings. • Height. The maximum height shall not exceed 20 feet.
• Yards (Setbacks).
o Front Yard – 10 feet
o Side Yard – 4 feet
o Corner Side Yard – 10 feet
o Rear Yard – 10 feet
o Garage – 18 feet
Projections of up to 24 inches may include eaves, architectural projections such as bay windows, fireplaces, or utility closets, minor appurtenances such as pipes, gas and electrical meters, alarm systems, etc., HVAC equipment, and exterior stairways. The minimum separation between buildings shall be consistent with City-adopted Building Code.
• Fencing. Fencing requirements shall be consistent with the R-1, Single-Family Residential District. Requirements include a maximum height of 7 feet. • Patios and Porches. Tiny house units may have a covered porch, or entry at least 60 square feet in size and minimum depth of 6 feet and minimum width of 8 feet. • Lighting. Common open space areas and access driveways, drive aisles, and offstreet parking areas shall be provided with lighting.
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• Off-Street Parking. The minimum number of parking spaces required for tiny house units shall be 1 parking spaces per dwelling unit, plus 1 parking space for guest parking. Guest parking may be in tandem with the off-street parking space for the tiny house unit. As noted above, the minimum distance between the property line and the garage is 18 feet.
o Common parking areas shall be configured in clusters and provided throughout the tiny house village development. The minimum number of parking spaces shall be 0.8 parking spaces per dwelling unit and the common parking area locations shall be determined by the Community Development Director on a case-by-case basis.
• Design Standards. Each building abutting a public street shall have a minimum of 4 building elements, features, and treatments incorporated into the street-facing façade:
o Windows with visible trim and mullions or recessed windows. o Dormers.
o Bay windows.
o Entry enhancement such as a well detailed door (multi-panel or glass insert), window adjacent to front door.
o Variation in roof or building colors and materials, on individual units, such as brick, stone, or other masonry accents.
o Other building elements, treatments, features, or site designs approved by the Community Development Director that provide variety and visual interest.
Units on the interior of a development should be oriented toward the common open space or parking areas.
• Pedestrian Connectivity.
o Pedestrian circulation system shall connect all main entrances on the site. o Direct pedestrian access should be provided to adjacent, publicly accessible parks, open space, and trails, transit, rideshare, and bicycle storage facilities, where feasible.
o Pedestrian walkways shall be separated from structures by at least 3 feet. o Pathways in common open space and other shared areas of the development shall meet Americans with Disabilities Act (ADA) standards. • Restrictions. A deed restriction shall be placed on the property notifying future property owners of the size restriction.
Section 153.175: Landscaping and Open Space. This Section provides the landscaping and common open space requirements for tiny house village developments.
The requirements are as follows:
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• Landscape Areas. No more than 50 percent of a front yard shall be paved and no more than 50 percent of a rear yard shall be paved. An interior side yard may be paved if a minimum of 1 foot is left unpaved along the side property line. Drainage shall be maintained per City Standards.
• Common Open Space. Common open space shall be 1 or more areas designed and maintained for recreation, gardening, and similar activities for all residents.
Common open space shall total at least 50 square feet per unit with a minimum area of 300 square feet provided regardless of the number of units. Common Open Space areas are typically controlled by a Home Owners Association (HOA) or via a Covenants, Conditions and Restrictions (CC&R). • Private Open Space. Each residential unit in a tiny house village development shall have a private open space. Each unit shall be provided with a minimum 200 square feet of usable private open space.
Section 153.176: Accessory Structures. This Section allows accessory structures in tiny house village developments, as long as they are subordinate to use and scale of the tiny house village development and are subject to lot coverage limitations as described above.
Section 153.177: Architecture and Site Plan Review. The purpose of this Section is to clarify that proposals to construct a tiny house village development shall be subject to an Architecture and Site Plan Review entitlement which is reviewed by the Planning Commission.
ENVIRONMENTAL REVIEW
The proposed Zoning Ordinance Amendment is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) by the “Common Sense Exemption”, stating that CEQA applies only to projects that have the potential for causing a significant effect to the environment. The Zoning Ordinance Amendment does not have the potential to cause any direct or indirect physical change to the environment. The proposed Zoning Ordinance Amendment is also exempt pursuant to CEQA Guidelines Section 15305 (Minor Alterations in Land Use Limitations).
The proposed amendments do not change the land use or zoning district for any individual property, do not change the maximum allowed density in any residential district, or approve any new Tiny House Village development application. Any new tiny house units would be located in existing residential districts and subject to existing density requirements. Future Tiny House Village development applications received by the City will be subject to environmental review at the appropriate time in accordance with CEQA.
The purpose of the Zoning Ordinance Amendment is to allow Tiny House Villages in certain residential districts, in accordance with the Tiny House Village Ordinance.
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GENERAL PLAN CONSISTENCY
The proposed Zoning Code Amendments comply with the following General Plan Policies:
Policy LAND-2.4 The City will encourage re-use of vacant or underutilized land in the Infill Opportunity Area through policies that seek to encourage more intense infill development.
Policy LAND-3.3 The City will encourage “compact development,” which places origination and destination points closer together (residence, stores, schools, places of work, etc.), allowing for alternatives to vehicular travel.
Policy 1.1 Ensure land use and zoning procedures accommodating to affordable housing.
Policy 3.1 Promote efficient and creative alternatives to help reduce government constraints.
PUBLIC NOTICE
The City Council public notice was published in the Riverbank News on December 28, 2022 and posted at City Hall North, South, Post Office, Community Center and website on December 21, 2022. At the time of writing this Staff Report (January 3, 2023), the City had received one public comment against the project by email the day of the Planning Commission meeting December 20, 2022.
ATTACHMENTS
Attachment 1 – Ordinance 2023-XXX
{CW118079.1}
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CC Ordinance 2023-XXX
CITY OF RIVERBANK
ORDINANCE 2023-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIVERBANK,
CALIFORNIA, AMENDING THE RIVERBANK MUNICIPAL CODE BY AMENDING SECTION §153.003, SECTION §153.031, SECTION §153.046, SECTION §153.061, SECTION §153.067 AND ADDING SECTIONS §153.170 THROUGH §153.177
RELATED TO TINY HOUSE VILLAGES
WHEREAS, on July 19, 2022, the Planning Commission held a duly noticed Public Workshop to discuss an ordinance that would allow development of tiny house villages in certain residential districts; and
WHEREAS, on November 30, 2022, notice of the Planning Commission public hearing was published in the Riverbank News in compliance with California Government Code Section 65090, and posted in public places throughout the City and on the City’s website; and
WHEREAS, the Planning Commission held a public hearing on December 20, 2022 to consider an amendment to the City of Riverbank Municipal Code and with a vote of 4-0, recommended approval of this Ordinance to the City Council; and WHEREAS, the proposed amendments to the Riverbank Municipal Code would amend Sections of Title XV: Land Usage, Chapter 153: Zoning to define and permit Tiny House Villages; and
WHEREAS, the proposed amendments to the Riverbank Municipal Code would create new Sections of Title XV: Land Usage, Chapter 153: Zoning for the regulation of Tiny House Villages; and
WHEREAS, the amendment is exempt from analysis under the California Environmental Quality Act (CEQA) under the “Common Sense Exemption” that CEQA applies only to projects that have the potential for causing significant environmental effects, as specified in Section 15061(b)(3) of the State CEQA Guidelines. The proposed project is also exempt from CEQA pursuant to State CEQA Guidelines Section 15305 (Minor Alternations in Land Use Limitations); and
WHEREAS, The Riverbank Planning Commission made the following findings:
1. The proposed Zoning Ordinance Amendment is consistent with the City’s ATTACHMENT 1
{CW118079.1}
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CC Ordinance 2023-XXX
General Plan Land Use Element.
2. The proposed Zoning Ordinance Amendment furthers the public interest, convenience, and general welfare of the City. The amendments would expand the type of housing available for development within the City of Riverbank.
3. The proposed Zoning Ordinance Amendment furthers implementation of the Goals, Policies and Programs of the 2014 – 2023 Housing Element, dated February 2016. Specifically, the proposed Zoning Ordinance Amendment is consistent with the following Policies and Programs:
a. Policy 1.1 – Ensure land use and zoning procedures are accommodating to affordable housing.
b. Program 2.1j – Encourage housing development within the General Plan Infill Opportunity Area and specifically, sites designated Mixed Use. c. Policy 3.1 – Promote efficient and creative alternatives to help reduce government constraints.
d. Program 3.1a – Continue to promote the use of Planned Development zones for developers who wish to deviate from setbacks, parking, or other standards which may limit their ability to develop at a desired density.
NOW, THEREFORE THE CITY OF RIVERBANK CITY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1: Title XV: Land Usage, Chapter 153: Zoning, Section 153.003: Definitions, shall be amended as follows (added language is represented in underline text):
§ 153.003 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. All words used in the present tense shall include the future tense; all words in the plural number shall include the singular number, and all words in the singular number shall include the plural number, unless the natural construction of the wording indicates otherwise.
ACCESSORY. A building, part of a building or structure or use which is subordinate to, and the use of which is incidental to that of the main building, structure or use on the same lot. Where an accessory building has a wall or a portion of a wall not less than four feet in length in common with a main building, such accessory building shall be considered a part of the main building.
ALLEY. Any public thoroughfare, not exceeding 30 feet in width, for the use of pedestrians and/or vehicles which affords only a secondary means of access to abutting property.
{CW118079.1}
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APARTMENT. A room or suite of two or more rooms which is designed for, intended for, and/or occupied by one family doing its own cooking therein.
BOARDING HOUSE. A dwelling other than a hotel or a residential care home, wherein lodging and meals are provided for compensation for more than five but not more than ten persons other than the immediate members of the proprietor's family.
BUILDING (includes the word STRUCTURE). Any structure having a roof supported by columns and/or walls and intended for the shelter, housing and/or enclosure of any persons, animal or chattel. When any portion thereof is completely separated from every other portion thereof by a masonry division or fire wall without any window, door or any other opening therein, which wall extends from the ground to the upper surface of the roof at every point, then such portion shall be deemed to be a separate building.
BUILDING, ACCESSORY. A subordinate building, the use of which is incidental to that of a main building on the same lot. Signs and fences are not to be considered as accessory buildings. Where an accessory building does not have a common wall of at least four feet in length with the main building on the same lot, it shall be considered detached.
BUILDING HEIGHT. The vertical distance measured from the average level of the highest and lowest point of that building site covered by the building to the ridge or peak of the roof.
BUILDING LINE. A line parallel to the front lot line and at a distance therefrom equal to the required depth of the front yard and extending across the full width of the lot.
BUILDING, MAIN. A building in which is conducted the principal use of the lot upon which it is situated. In any R district, any dwelling shall be deemed to be a main building upon the lot upon which the same is situated.
BUSINESS or COMMERCE. The purchase, sale or other transaction involving the handling or disposition (other than as included in the term INDUSTRY as defined herein) of any article, substance or commodity for profit or livelihood, including office buildings, offices, shops for the sale of personal services, garages, outdoor advertising signs, automobile parts, automobile courts and recreational and amusement enterprises conducted for profit, but not including junk yards.
CARNIVAL. A traveling or itinerant commercial amusement enterprise consisting of sideshows, vaudeville, games, merry-go-rounds or other mechanical amusement devices temporarily located within the city. A CARNIVAL shall not be construed to include or mean a festival or amusement.
CIRCUS. A traveling or itinerant commercial amusement enterprise utilizing an enclosure of any kind, but usually circular or rectangular, partially surrounded by seats, {CW118079.1}
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used for exhibition or horsemanship, acrobatic performances, acts of clowns, feats of animal training or the like, temporarily located in the city.
CLUB. An association of persons for some common, nonprofit purpose but not including groups organized primarily to render a service which is customarily carried on as a business.
COMMUNICATIONS EQUIPMENT BUILDING. A building housing electrical and mechanical equipment necessary for the conduct of a public utility communications business, with or without personnel.
COMMUNITY DEVELOPMENT DIRECTOR. The Community Development Director of the City of Riverbank.
DAY CARE CENTER. Day care center means a dwelling or building or structure in which persons not of the immediate family are provided with care for compensation for a portion of the day not exceeding 12 hours in any 24-hour period. A day care shall not include 24-hour care and shelter.
DWELLING. A building or portion of a building designed for residential purposes, including one-family, two-family and multiple family dwelling but not including hotels, motels, boarding houses and lodging houses.
DWELLING GROUP. A group of two or more or detached or semi-detached single-family, two-family or multiple dwellings occupying a parcel of land in one ownership.
DWELLING, MULTIPLE. A building or portion thereof used or designed as a residence for three or more families living independently of each other, and doing their own cooking in the building.
DWELLING, SINGLE-FAMILY RESIDENCE. A residential building containing one dwelling unit on one lot. All rooms within the single-family attached dwelling shall be interconnected. Single-family dwelling shall include a dwelling that is constructed for the purposes of providing supportive and transitional housing.
DWELLING, TINY HOUSE. A detached single-family residence within a tiny house village. A tiny house dwelling is defined as having a maximum floor area square footage of eight hundred (800) square feet and a minimum floor area square footage of one hundred and fifty (150) square feet.
DWELLING, TWO FAMILY (DUPLEX). A detached building designed for and/or occupied exclusively for two families living independently of each other, but under one roof.
DWELLING UNIT. One or more rooms in a dwelling designed for occupancy by one family for living or sleeping purposes, and having only one kitchen. {CW118079.1}
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DWELLING UNIT, ACCESSORY. An attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes the following: (A) an efficiency unit; and (B) a manufactured home.
DWELLING UNIT, JUNIOR ACCESSORY. A unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
E-CIGARETTE. Any electronic or battery-operated device, the use of which may resemble smoking, that can be used to deliver an inhaled dose of vapors, including nicotine or other substances, this includes but is not limited to an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, a vapor cigarette or any other product name or descriptor.
EFFICIENCY KITCHEN. Means a kitchen that includes each of the following:
(1) A cooking facility with appliances.
(2) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
EFFICIENCY UNIT. Has the same meaning as defined in Cal. Health & Safety Code § 17958.1.
EMERGENCY SHELTERS. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.
EMPLOYEE HOUSING. Defined the same as labor camp per Cal. Health & Safety Code § 17021.5 and § 17021.6.
FAMILY. One or more persons occupying a dwelling unit and living as a single housekeeping unit, and distinguished from a group occupying a boarding house, lodging house, motel or hotel.
FAMILY DAY CARE CENTER. A day care center which also serves as the residence of the licensee.
FLOOR AREA. The sum of the gross horizontal areas of several floors of the building, excluding areas used for accessory garage purposes, and such basement and cellar areas as are devoted exclusively to uses accessory to the operations of the building.
All horizontal dimensions shall be taken from the exterior faces of walls including walls or other enclosures or enclosed porches. Whenever the term is used in this title as a basis {CW118079.1}
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CC Ordinance 2023-XXX
of requiring off-street parking for any structure, it shall be assumed that, unless otherwise stated, FLOOR AREA applies not only to the ground floor area but also to any additional stories or basement of the structure.
FLOOR AREA RATIO. The ratio of gross building floor area to total lot area expressed as such. Example: two square feet of gross floor area for each three square feet of total lot area would result in a floor area ratio of .66:1. (Ord. 87-11, passed 7-27-87)
GARAGE. An accessory building or an accessory portion of the main building, enclosed on all sides, and with a clear vertical opening not to exceed nine feet and designed or used for the shelter or storage of passenger vehicles and located on the same lot as the dwelling to which it is accessory.
(Ord. 88-14, passed 11-28-88)
GARAGE, PARKING. A building used for the parking of more than three automobiles or trucks, whether free, for compensation, or as an accommodation.
GARAGE, PUBLIC. A building other than a private garage, enclosed on all sides and used for the care, repair or equipping of automobiles, or where such vehicles are kept for hire, sale or equipping.
GARAGE SALES, YARD SALES, MOVING SALE, PATIO SALES and SIMILAR USES. The retail sale of used or secondhand goods or merchandise in connection with a lawfully existing dwelling unit on property within any zoning district provided that:
(1) No such sale shall be conducted upon the same premises for more than three consecutive days nor on more than two separate occasions within any one calendar year. (2) No such sale shall result in the use of more than two unlighted signs not exceeding three square feet each in area. The signs to be displayed only during such times as the sale is actually being conducted.
GUEST HOUSE. Living quarters within an accessory building for temporary use by guests of the occupants of the premises. The quarters shall have no kitchen facilities and shall not be rented or otherwise used as a separate dwelling.
HOME OCCUPATION. Any occupation conducted primarily within a dwelling unit and carried on by persons residing in the dwelling unit, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the residential character thereof and in connection with which there is no display nor stock in trade or commodities sold except those which are produced on the premises. The home occupation must meet the requirements of §§ 153.265 through 153.267.
HOOKAH LOUNGE. Any facility, building, structure or location, whether fixed or mobile, where customers share a pipe commonly, but not always, made of glass, used {CW118079.1}
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for vaporizing and smoking tobacco, flavored tobacco, shisha, dried fruits, or other substances in which vapor or smoke is passed through a water basin before inhalation.
Hookah lounge includes, but is not limited to the use of a communal hookah, waterpipe, shisha, narghile, or other such smoking device.
HOSPITAL, MENTAL. An institution licensed by the state to care for or treat persons having mental or nervous disorders.
HOTEL. Any building or portion thereof, containing six or more guest rooms used, designed or intended to be used by paying guests. A motel shall be considered a hotel.
HOUSEHOLD PETS. Animals or fowl ordinarily permitted in the home and kept for company or pleasure and not for profit, such as dogs, cats and canaries, but not including a sufficient number of dogs or cats to constitute a kennel. Household pets may also include not more than a total of 12 chinchillas, hamsters, white mice or similar animals in combination.
JUNK YARD. The use of more than 200 square feet of the area of any parcel, lot, or contiguous lots or parcels for the storage or keeping of junk, including but not limited to scrap materials, surplus material, secondhand material or for the dismantling or wrecking of automobiles or other vehicles or machinery.
KENNEL. A place where four or more dogs or cats (or any combination of four or more dogs and cats) of four months of age or older are kept.
KITCHEN. Any room or space used, intended or designed to be used for cooking or for the preparation of food for one family.
LABOR CAMP. Any living quarters, dwelling, boarding house, tent, bunk house, camper, mobile home or other housing accommodation, maintained for five or more persons employed in connection with any agricultural work.
LOT (includes the word PLOT). Land occupied or to be occupied by a building and its accessory buildings or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this title, having not less than the minimum area required by this title for a building site in the district in which such lot is situated, and having its principal frontage on a street.
LOT, AREA. The total horizontal area included within the lot lines.
LOT, CORNER. A lot situated at the intersection of two or more streets, or bounded on two or more adjacent sides by street lines.
LOT, DEPTH. The average distance from the street line of the lot to its rear line measured in the general direction of the side lines of the lot.
LOT, FRONTAGE. That portion of a lot abutting a public street. {CW118079.1}
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LOT LINES. The lines bounding a lot.
LOT, WIDTH. The distance between the side lines of a lot measured at the building setback line.
MOBILE HOME. A vehicle designed and equipped for human habitation as defined by the Cal. Health & Safety Code § 18008.
MOBILE HOME PARK. A lot or parcel of land which is used exclusively for the parking thereon of ten or more mobile homes for a rental charge or for rent or lease of mobile homes, and for appurtenant facilities for the exclusive use of the occupants such as laundry, rest rooms, recreation and storage facilities, and mobile home, dwelling or office facility for the owner or manager.
MOTEL. Any building or group of buildings containing sleeping rooms, with or without cooking facilities, designed for temporary use by tourists or transients, with garage attached or parking space conveniently located to each unit, including auto parks, motor lodges, and tourist courts.
NONCONFORMING USE. A building or land occupied by a use that does not conform to the regulations for the district in which it is situated.
OUTDOOR ADVERTISING SIGN. Any card, cloth, paper, metal, painted glass, wooden, plaster, stone or other sign of any kind or character whatsoever placed for advertising purposes on the ground or on any tree, wall, bush, post, fence, building, structure or thing whatsoever.
OUTDOOR ADVERTISING STRUCTURE. Any structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign may be placed, including outdoor advertising statuary. (Ord. 87-11, passed 7-27-87)
PARKING SPACE. An accessible and usable space on a building site of at least nine-feet by 19-feet with access for the parking of automobiles. The length of the space may be reduced by two feet if landscaped planters of sufficient width are used as curb stops.
(Ord. 90-01, passed 1-22-90)
PLANNING COMMISSION. The City Planning Commission of the City of Riverbank.
PUBLIC TRANSIT. Means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
RECREATION VEHICLE. Either of the following:
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CC Ordinance 2023-XXX
(1) A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy, which meets all of the following criteria:
(a) It contains less than 320 square feet of internal living room area, excluding built-in equipment, including but not limited to wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms.
(b) It contains 400 square feet or less of gross area measured at maximum horizontal projections.
(c) It is built on a single chassis.
(d) It is either self-propelled, truck-mounted, or permanently towable on the highways without a permit.
(2) A park trailer designed for human habitation for recreational or seasonal use only, which meets all of the following criteria:
(a) It contains 400 square feet or less of gross floor area measured at the maximum horizontal projections. However, it may not exceed 12 feet in width or 40 feet in length in the traveling mode.
(b) It is built on a single chassis.
(c) It may only be transported upon the public highways with a permit. (Cal. Health & Safety Code § 18010)
RESIDENTIAL CARE HOME. A home operated as a boarding home and in which nursing, dietary and other personal services are furnished to convalescent, invalid or aged persons in return for compensation; but in which are performed no surgical or other primary treatments such as are customarily provided in sanitariums or hospitals and in which no persons are kept or served who normally would be admissible to a mental hospital.
ROOMING HOUSE. A dwelling, building or structure occupied by five or more persons who have agreed to pay a specific rent for a specific space as distinguished from guests subject to innkeeper's liability.
SAWMILL. Any structure or land used for the manufacture or remanufacturing of lumber or lumber products by the use of power equipment.
SERVICE STATION. A structure or area which is provided for the servicing, washing and fueling of motor vehicles, including minor repairs, and the storage and sale of merchandise and supplies, incidental thereto, provided, however, that the washing of automobiles shall be permitted only when no chain conveyor, blower or steam cleaning device is involved.
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CC Ordinance 2023-XXX
SHALL. Is mandatory and not directory.
STORY. The portion of a building included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, then the space between such floor and the ceiling next above it shall be considered a story. A basement shall not be considered a story when computing the height of a building.
STREET. A thoroughfare which has been dedicated or abandoned to the public and accepted by proper public authority for a thoroughfare, not less than 30-feet wide, which has been made public by right of use and which affords the principal means of access to abutting property.
STRUCTURAL ALTERATIONS. Any changes in the supporting member of a building, such as bearing walls, columns, beams or girders.
STRUCTURE. Anything constructed or erected which requires location on the ground or attached to something having a location on the ground but not including fences or walls used as fences not more than six feet in height or free-standing signs.
SUPPORTIVE HOUSING. Housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists 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.
TANDEM PARKING. Means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
TARGET POPULATION. Persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Development Disabilities Services Act (Division 4.5 (commencing with §§ 4500 et seq. of the Cal. Welfare and Institutions Code)) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
TINY HOUSE VILLAGE. A minimum of five (5) tiny house dwellings on either a single parcel or individual parcels for each tiny house dwelling as part of the same subdivision.
TRANSITIONAL HOUSING. Buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.
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CC Ordinance 2023-XXX
TRUCK TERMINAL. The storage of one or more commercial trucks which have a body exceeding 12 feet in length in rear of the cab, or the storage of more than one truck of any type. A truck shall not be normally construed as a means of transportation in lieu of an automobile and not normally an accessory use to a dwelling.
USE. The purpose for which land or a building is designed, arranged, or intended or for which it is or may be occupied or maintained.
USE, ACCESSORY. A use incidental and secondary to the principal use of a lot or building located on the same lot as the accessory use.
USED CAR. Any automobile, pickup truck of no more than a one ton load rating or any van of no more than a one ton load rating.
VAPOR BAR. Any facility building, structure of location, whether fixed or mobile, where customers utilize a heating element that vaporizes liquid solution that releases nicotine or flavored vapor, including the use of e-cigarettes.
VETERINARY HOSPITAL. An establishment for the care and treatment of animals, including household pets, livestock and commercial poultry, all facilities to be within a completely enclosed building except for exercising runs and parking of automobiles.
WRECKING YARD. The use of more than 200 square feet of the area of and lot for the storage of immobile vehicles or the dismantling or wrecking of automobiles or other vehicles or machinery.
YARD. An open space other than a court on the same lot with a building, which open space is unoccupied and unobstructed from the ground upward except as otherwise provided in this title.
YARD, FRONT. A yard extending across the front of the lot and lying between the front line and a line parallel thereto, and having a distance between such parallel lines equal to the required front yard depth as prescribed in each district.
YARD, REAR. A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the buildings as prescribed for the district.
YARD, SIDE. An area extending from the front lot line to the rear lot line, and lying parallel thereto, within the lot and having a distance between such parallel lines equal to the side yard width as prescribed in each district.
(Ord. 87-11, passed 7-27-87)
(`67 Code, § 10-1-3) (Am. Ord. 2015-002, passed 2-24-15; Am. Ord. 2015-009, passed 4-14-15; Am. Ord. 2017-010, passed 10-24-17; Am. Ord. 2021-007, passed 12-14-21) {CW118079.1}
CC/LRA – 01/10/23 & 01/24/23
CC Ordinance 2023-XXX
SECTION 2: Title XV: Land Usage, Chapter 153: Zoning, Section 153.031: Uses permitted shall be amended as follows (added language is represented in underline text):
§ 153.031 USES PERMITTED.
(A) One single-family dwelling or one manufactured home provided that the manufactured home meets the following restrictions:
(1) Manufactured homes may be installed only if no more than ten years has elapsed between the date of manufacture and the date of application for a permit to install the manufactured home.
(2) Manufactured homes must be on a foundation system approved by resolution of the City Council.
(3) All manufactured homes shall be subject to review and approval by the Community Development Director with respect to orientation on the lot, siding material, roofing materials and roof overhang to ensure, to the greatest extent feasible, compatibility with surrounding structures. A pictorial representation of the proposed manufactured home shall be submitted with the application. (4) No other dwelling units (i.e. single family, duplex, multiple family, apartments or dwelling groups) shall be allowed on the same lot. (Ord. 87-11, passed 7-27-87; Am. Ord. 2002-001, passed 1-28-02) (B) Accessory buildings are normally incidental to a single-family dwelling provided that such buildings are constructed concurrent with, or subsequent to the construction of the single-family dwelling. NORMALLY INCIDENTAL shall be deemed to mean that, in addition to a garage (either attached or detached), the maximum size of the accessory building shall be determined by maximum lot coverage. (1) A detached accessory building, other than a covered patio as defined herein, may occupy not more than 50% of a required rear yard, subject to the following requirements within an "R" district:
(a) No detached accessory building shall be closer than six feet to the main building, exclusive of roof covering;
(b) No detached accessory building shall be allowed within the required yard areas, exclusive of roof covering;
(c) Seven and one-half feet shall be the maximum height for a "shed" located at the setback line. A shed height may be increased one and one-half feet for every one foot back from the setback line to a maximum height of 15 feet; (d) A detached gazebo shall not be located closer than six feet to the main building exclusive of roof covering; shall not exceed a maximum height of 15 feet.
(Ord. 88-14, passed 11-28-88; Am. Ord. 2004-001, passed 6-14-04) {CW118079.1}
CC/LRA – 01/10/23 & 01/24/23
CC Ordinance 2023-XXX
(C) Family day care centers limited to six paying guests. (D) Family day care centers for seven to 12 paying guests when the following criteria are met:
(1) At least one off-street parking space shall be provided for each employee.
(2) There are no other day care centers for more than six paying guests within 300 feet of the exterior boundaries of the subject site. (3) In addition to the required employee parking, there shall be provided at least two off-street parking spaces for loading and unloading of guests. These spaces shall be so located that vehicles head in and head out without using the public street for maneuvering, loading or unloading.
(E) Home occupations as defined in § 153.003 and regulated in §§ 153.265 through 153.267 of this chapter.
(F) Public parks and public buildings.
(G) Temporary real estate office and sign (not to exceed 100 square feet in area) may be located on any new subdivision for a period of not more than two years from the date of recording of the map of the subdivision upon which the office and sign are located.
This time limit shall automatically be extended under the conditions in § 153.285(A)(1)(g) of this chapter.
(H) Temporary construction buildings to house tools and equipment or containing supervisory office in connection with construction projects during active construction on the same property.
(I) Residential care homes in which no more than six persons not of the immediate family are provided with food, shelter and care for compensation, but not including hospitals, clinics or similar institutions devoted primarily to diagnosis and treatment of disease or injury.
(J) Signs as allowed in §§ 153.280 through 153.285.
(K) Garage sales, as defined in § 153.003.
(L) Temporary uses such as a circus, carnival, fair or festival provided that they meet the following requirements:
(1) The use shall be temporary in nature and shall not last more than four days.
(2) The organizers of the event shall notify the Riverbank Police Services Division of their intentions at least 30 days prior to the scheduled beginning of the event. (3) A business license shall be obtained as required by § 110.18 of the City Code.
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CC Ordinance 2023-XXX
(4) Licenses will only be issued to local businesses or shopping centers when conducted on the same property as the business/shopping center or to local nonprofit organizations.
(M) Temporary mobile home for ill or aged family members as regulated by § 153.219 of the City Code.
(N) Accessory dwelling unit meeting §§ 153.325 et seq.
(O) One duplex on a corner lot, provided that the front door and garage of each unit faces a different street and that garages are recessed five feet from living quarters subject to an architectural and site plan review application approved by the Community Development Director.
(P) Employee housing (no more than six workers per unit and no more than 12 units or 36 beds), farmworker housing, transitional housing, supportive housing. (Q) Tiny House Village, as defined in § 153.003 and as allowed in § 153.170 through 153.177.
(`67 Code, § 10-3-2) (Ord. 87-11, passed 7-27-87; Am. Ord. 2003-014, passed 11-10- 03; Am. Ord. 2008-008, passed 9-8-08; Am. Ord. 2017-010, passed 10-24-17) SECTION 3: Title XV: Land Usage, Chapter 153: Zoning, Section 153.046: Uses Permitted shall be amended as follows (added language is represented in underline text):
§ 153.046 USES PERMITTED.
(A) A single-family dwelling or one duplex, or two dwelling units, except that on parcels with no direct frontage on a city maintained street, only one single-family dwelling is permitted.
(B) In lieu of all the residential uses listed in division (A) above, one manufactured home per lot provided that the manufactured home meets the following restrictions:
(1) Manufactured homes may be installed only if no more than ten years has elapsed between the date of manufacture and the date of application for a permit to install the manufactured home.
(2) Manufactured homes must be on a foundation system approved by resolution of the City Council.
(3) All manufactured homes shall be subject to review and approval by the Community Development Director with respect to siding material, roofing materials and roof overhang to ensure, to the greatest extent feasible, compatibility with surrounding structures. A pictorial representation of the proposed manufactured home shall be submitted with the application.
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CC Ordinance 2023-XXX
(4) No other dwelling units (such as, single-family or duplex) shall be allowed on the same lot.
(Ord. 87-11, passed 7-27-87; Am. Ord. 2002-001, passed 1-28-02) (C) Accessory buildings normally incidental to dwellings provided that such buildings are constructed concurrent with, or subsequent to the construction of the dwellings. NORMALLY INCIDENTAL shall be deemed to mean that, in addition to a garage(s) (either attached or detached) as required by this title, the size of the accessory building does not exceed 20% of the living area of the dwellings. (Ord. 88-14, passed 11-28-88)
(D) Family day care centers limited to six paying guests. (E) Family day care centers for seven to 12 paying guests when the following criteria are met:
(1) At least one off-street parking space shall be provided for each employee.
(2) There are no other day care centers for more than six paying guests within 300 feet of the exterior boundaries of the subject site. (3) In addition to the required employee parking, there shall be provided at least two off-street parking spaces for loading and unloading of guests. These spaces shall be located so that vehicles head in and head out without using the public street for maneuvering, loading, or unloading.
(F) Home occupations as defined in § 153.003 and regulated in §§ 153.265 through 153.267.
(G) Public parks and public buildings.
(H) Temporary real estate office and sign (not to exceed 100 square feet in area) may be located on any new subdivision for a period of not more than two years from the date of recording of the map of the subdivision upon which the office and sign are located.
This time limit shall automatically be extended under the conditions described in § 153.285(A)(1)(g).
(I) Temporary construction building to house tools and equipment or containing supervisory offices in connection with construction projects during active construction on the same property.
(J) Residential care homes in which less than seven persons not of the immediate family are provided with food, shelter and care for compensation, but not including hospitals, clinics, or similar institutions devoted primarily to diagnosis and treatment of disease or injury.
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CC Ordinance 2023-XXX
(K) Signs as allowed in §§ 153.280 through 153.285.
(L) Temporary uses such as a circus, carnival, fair or festival, provided that they meet the following requirements:
(1) The use shall be temporary in nature and shall not last more than four days.
(2) The organizers of the event shall notify the Riverbank Police Services Division of their intentions at least 30 days prior to the scheduled beginning of the event. (3) A business license shall be obtained as required by § 110.18 of the City Code.
(4) Licenses will only be issued to local businesses or shopping centers when conducted on the same property as the business/shopping center or to local nonprofit organizations.
(M) Temporary mobile home for ill or aged family members as required by § 153.219.
(N) Garage sales as defined in § 153.003.
(O) Accessory dwelling unit meeting §§ 153.325 et seq.
(P) Transitional and supportive housing.
(Q) Tiny House Village, as defined in § 153.003 and as allowed in § 153.170 through 153.177.
(`67 Code, § 10-4-2) (Ord. 87-11, passed 7-27-87; Am. Ord. 2017-010, passed 10-24- 17)
SECTION 4: Title XV: Land Usage, Chapter 153: Zoning, Section 153.061: Uses permitted shall be amended as follows (added language is represented in underline text):
§ 153.061 USES PERMITTED.
(A) Single-family, duplex and multiple family dwellings, apartment houses, dwelling groups, except that on parcels with no direct frontage on a city maintained street, only one single-family dwelling is permitted.
(B) In lieu of all the residential uses listed in division (A) above, one manufactured home per lot provided that the manufactured home meets the following restrictions:
(1) Manufactured homes may be installed only if no more than ten years has elapsed between the date of manufacture and the date of application for a permit to install the manufactured home.
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(2) Manufactured homes must be on a foundation system approved by resolution of the City Council.
(3) All manufactured homes shall be subject to review and approval by the Community Development Director with respect to lot orientation, siding material, roofing materials and roof overhang to ensure, to the greatest extent feasible, compatibility with surrounding structures. A pictorial representation of the proposed manufactured home shall be submitted with the application.
(4) No other dwelling units (such as, single-family, duplex, multiple family, apartments or dwelling groups) shall be allowed on the same lot. (Ord. 87-11, passed 7-27-87; Am. Ord. 2002-001, passed 1-28-02) (C) Accessory buildings normally incidental to permitted uses provided that such buildings are constructed concurrent with, or subsequent to the construction of the permitted use. NORMALLY INCIDENTAL shall be deemed to mean that, in addition to a garage(s) (either attached or detached) as required by this chapter, the size of the accessory building does not exceed 20% of the area of the main building. (Ord. 88-14, passed 11-28-88)
(D) Family day care centers limited to six paying guests. (E) Family day care centers for seven to 12 paying guests when the following criteria are met:
(1) At least one off-street parking space shall be provided for each employee.
(2) There are no other day care centers for more than six paying guests within 300 feet of the exterior boundaries of the subject site. (3) In addition to the required employee parking, there shall be provided at least two off-street parking spaces for loading and unloading of guests. These spaces shall be located so that vehicles head in and head out without using the public street for maneuvering, loading, or unloading.
(F) Home occupations as defined in § 153.003 and regulated in §§ 153.265 through 153.267.
(G) Public parks and public buildings.
(H) Temporary real estate office and sign (not to exceed 100 square feet in area) may be located on any new subdivision for a period of not more than two years from the date of recording of the map of the subdivision upon which the office and sign are located.
This time limit shall automatically be extended under the conditions described in § 153.285(A)(1)(g).
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CC Ordinance 2023-XXX
(I) Temporary construction building to house tools and equipment or containing supervisory offices in connection with construction projects during active construction on the same property.
(J) Residential care homes in which less than seven persons not of the immediate family are provided with food, shelter and care for compensation, but not including hospitals, clinics, or similar institutions devoted primarily to diagnosis and treatment of disease or injury.
(K) Signs as allowed in §§ 153.280 through 153.285.
(L) Temporary uses such as a circus, carnival, fair or festival, provided that they meet the following requirements:
(1) The use shall be temporary in nature and shall not last more than four days.
(2) The organizers of the event shall notify the Riverbank Police Services Division of their intentions at least 30 days prior to the scheduled beginning of the event. (3) A business license shall be obtained as required by § 110.18 of the City Code.
(4) Licenses will only be issued to local businesses or shopping centers when conducted on the same property as the business/shopping center or to local nonprofit organizations.
(M) Garage sales as defined in § 153.003.
(Ord. 87-11, passed 7-27-87)
(N) Accessory dwelling unit meeting §§ 153.325 et seq.
(O) Emergency shelters as defined in § 153.003.
(P) Transitional housing as defined in § 153.003.
(Q) Supportive housing as defined in § 153.003.
(R) Tiny House Village, as defined in § 153.003 and as allowed in § 153.170 through 153.177.
(`67 Code, § 10-5-2) (Am. Ord. 2003-014, passed 11-10-03; Am. Ord. 2015-002, passed 2-24-15; Am. Ord. 2017-010, passed 10-24-17)
SECTION 5: Title XV: Land Usage, Chapter 153: Zoning, Section 153.067: Uses permitted shall be amended as follows (added language is represented in underline text):
§ 153.067 USES PERMITTED.
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CC Ordinance 2023-XXX
(A) All attached single-family and multi-family residential uses, including duplexes, apartments, condominiums, townhouses, and live-work units provided that the living units are located above the ground floor of a commercial uses or adjacent to commercial on the same property.
(B) Detached residential uses with a minimum net density of eight units per acre, including single family homes, caretaker units, and manufactured homes. (C) Attached Higher Density Residential in a vertical and/or horizontal mixed use setting of 16 or more dwelling units per net acre. This residential use must be above (on upper stories of buildings) or adjacent to commercial operations on the same property. (D) Office uses including administrative, professional, creative, telecommunications, flex, research, and similar office uses that are primarily workeroccupied. (E) (1) Retail sales of goods that can generally be carried out by the customer including food and specialty foods, open air markets, small household goods, pharmaceuticals and sundries, apparel, art and supplies, antiques, furniture, appliances, electronics, books, flowers, hardware, toys, bicycles and sporting goods, music, and similar goods.
(2) Sales of alcoholic beverages require a conditional use permit in accordance with § 153.361.
(F) Service uses including personal and business services with walk-in customer service, such as beauty parlors, spas, cleaners, repair services, banks, travel or real estate agents, medical clinics, child or adult care, photocopiers, mailing services, Laundromats, and similar uses. Rental uses of items such as party supplies, wedding apparel or tuxedos are allowed as services uses.
(G) (1) General commercial uses including entertainment uses including bars, full service restaurants, quick service restaurants (not drive through fast food), dance and exercise studios, gyms, sports facilities, game arcades, and similar uses. (2) Sales of alcoholic beverages require a conditional use permit in accordance with § 153.361.
(H) (1) Civic uses including government offices and services, libraries, community centers, conference facilities, and similar uses. (2) Public infrastructure including support uses include water, storm water, sewer, and utility infrastructure, streets, sidewalks, bicycle paths, parking garages, transit stops, parks, plazas, streetscape improvements, and other public facilities. (I) Institutional uses including colleges, trade schools, places of worship, museums, and similar uses.
(J) Tiny House Villages, as defined in § 153.003 and as allowed in § 153.170 through 153.177.
{CW118079.1}
CC/LRA – 01/10/23 & 01/24/23
CC Ordinance 2023-XXX
(Ord. 2014-006, passed 7-8-14)
SECTION 6: Title XV: Land Usage, Chapter 153: Zoning is amended to add new Sections: 153.170 through 153.177, which shall read as follows:
Tiny House Villages
Section
153.170 Purpose
153.171 Applicability
153.172 Density
153.173 Occupancy
153.174 Design and Development Standards
153.175 Landscaping and Open Space
153.176 Accessory Structures
153.177 Architecture and Site Plan Review
§ 153.170 PURPOSE
(A) The purpose of this title is to:
(1) Provide development regulations for tiny house villages, which support a diversity of housing choices to meet a wide variety of housing needs; (2) Encourage creation of more usable space for residents of tiny house village developments through flexibility in lot standards; (3) Ensure that the overall size, including bulk and mass of tiny house village structures remains smaller and incurs less visual impact than standard size singlefamily dwellings, particularly given allowed intensity of tiny house village developments; (4) Provide a centrally located and functional common open space area that fosters a sense of community and a sense of openness in tiny house village developments;
(5) Provide private areas around the individual tiny house dwellings to enable diversity in landscape design and foster a sense of ownership; and (6) Ensure minimal visual impact from vehicular use and storage areas for residents of the tiny house village development as well as adjacent properties, and to maintain a detached single-family character along public streets. § 153.171 APPLICABILITY
(A) The regulations in this title apply to tiny house village developments in zones where such uses are permitted.
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CC Ordinance 2023-XXX
§ 153.172 DENSITY
(A) The density shall adhere to the density requirements set forth in the General Plan.
(B) The maximum density shall be one (1) tiny house per every one thousand eight hundred (1,800) square feet of lot area. When calculating the number of units allowed, fractional units shall be rounded down to the nearest whole number. § 153.173 OCCUPANCY
(A) Tiny house village units may not be rented on a transient basis (periods less than thirty (30) days).
§ 153.174 DESIGN AND DEVELOPMENT STANDARDS
(A) Parcel Size. The minimum parcel size for one (1) tiny house dwelling shall be eighteen hundred (1,800) square feet and adhere to the following minimum dimensions:
(1) Minimum width, interior lot – thirty (30) feet;
(2) Minimum width, corner lot – forty (40) feet; and
(3) Minimum depth – sixty (60) feet.
(B) Floor Area. The total floor area of each tiny house shall not exceed eight hundred (800) square feet and shall be a minimum size of one hundred and fifty (150) square feet. Exclusions from the total floor area calculation:
(1) Architectural projections, such as bay windows, fire places or utility closets no greater then eighteen (18) inches in depth;
(2) Spaces with ceiling height of five (5) feet or less; and (3) Other exemptions similar in nature provided in the intent of this title is met and upon approval of the Community Development Director. (C) Lot Coverage. No more than fifty (50) percent of the lot may be covered by buildings.
(D) Height. The maximum height shall not exceed twenty (20) feet. Structures with pitched roofs with a minimum slope of 6:12 may extend up to thirty (30) feet at the ridge of the roof. Accessory structures will be subject to the height requirements listed in Section 153.033.
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CC Ordinance 2023-XXX
(E) Yards.
(1) Front Yard – ten (10) feet.
(2) Side Yard – four (4) feet.
(3) Corner Side Yard – ten (10) feet.
(4) Rear Yard – ten (10) feet.
(5) Garage – eighteen (18) feet.
(6) Projections may extend into the required yard distances as follows:
(a) Eaves may extend up to twenty-four (24) inches.
(b) Architectural projections, such as bay windows, fireplaces, or utility closets no greater than eighteen (18) inches in depth or six feet in width. (c) Minor appurtenances such as pipes, gas and electrical meters, alarm systems, air vents and downspouts no greater than eighteen (18) inches in depth.
(d) HVAC equipment no greater than twenty-four (24) inches. (e) Exterior stairways. Exterior stairways that provide access to an upper level are not allowed within the front yard.
(7) The minimum separation between buildings shall be consistent with the city-adopted building code.
(F) Fencing. Fence requirements for tiny house villages are listed in Section 153.033.
(G) Patios and Porches.
(1) Tiny house units may have a covered porch, or entry at least sixty (60) square feet in size with a minimum depth of six (6) feet and minimum width of eight (8) feet.
(2) Patio or patio railing within the private open space should be semitransparent and a maximum height of three (3) feet. (H) Lighting. Common open space areas and access driveways, drive aisles, and off-street parking areas shall be provided with lighting. {CW118079.1}
CC/LRA – 01/10/23 & 01/24/23
CC Ordinance 2023-XXX
(I) Off-Street Parking.
(1) The minimum number of parking spaces required for tiny house units shall be one (1) parking space per dwelling unit, plus one (1) parking space of guest parking. Guest parking may be in tandem with the off-street parking space for the tiny house unit.
(2) Common parking areas shall be configured in clusters and provided throughout the tiny house village development. The minimum number of parking spaces shall be 0.8 parking space per dwelling unit and the common parking area locations shall be determined by the Community Development Director on a case-by-case basis. (3) Off-street parking can be located within an accessory structure such as a carport or garage, such structures shall not be attached to individual tiny house units.
Uncovered parking is also permitted.
(J) Design Standards.
(1) Orientation and Building Facades. Each building abutting a public street shall have a minimum of four (4) of the following building elements, features, and treatments incorporated into the street-facing façade:
(a) Windows with visible trim and mullions or recessed windows. (b) Dormers.
(c) Bay windows.
(d) Entry enhancement such as a well detailed door (multi-panel or glass insert), window adjacent to front door (sidelite). (e) Variation in roof or building colors and materials, on individual units, such as brick, stone or other masonry accents.
(f) Other building elements, treatments, features, or site designs approved by the Community Development Director that provide variety and visual interest.
(2) Units that are on the interior of a development should be oriented toward the common open space or parking areas.
(K) Pedestrian Connectivity.
{CW118079.1}
CC/LRA – 01/10/23 & 01/24/23
CC Ordinance 2023-XXX
(1) The pedestrian circulation system shall connect all main entrances on the site. For tiny house units fronting the street, the public sidewalk may be used for this standard.
(2) Direct pedestrian access should be provided to adjacent, publicly accessible parks, open space, and trails, transit, rideshare, and bicycle storage facilities, where feasible.
(3) Pedestrian walkways shall be separated from structures by at least three (3) feet.
(4) Pathways in common open space and other shared areas of the development shall meet Americans with Disabilities Act (ADA) standards. (L) Restrictions. The size of a tiny house dwelling may not be increased beyond the maximum floor area in subsection 153.174(B). A deed restriction shall be placed on the property notifying future property owners of the size restriction. § 153.175 LANDSCAPING AND OPEN SPACE
(A) Landscape Areas. Landscape areas shall be subject to the landscape requirements in Section 153.033.
(B) Common Open Space. Common open space shall be one (1) or more areas that are designed and maintained for recreation, gardening, and similar activities to all residents. Common open space shall total at least fifty (50) square feet per unit with a minimum area of three hundred (300) square feet provided regardless of the number of units.
(C) Private Open Space. Each residential unit in a tiny house village development shall have a private open space. Private open space shall be separate from the common open space to create a sense of separate ownership. (1) Each unit shall be provided with a minimum of 200 square feet of usable private open space. Private open space may include gardening areas, patios or porches.
(2) No dimension of the private open space shall be less than eight (8) square feet.
§ 153.176 ACCESSORY STRUCTURES
(A) Accessory structures that serve on-site units and are subordinate in use and scale to the tiny house village development are allowed subject to lot coverage limitations in Section 153.174.
{CW118079.1}
CC/LRA – 01/10/23 & 01/24/23
CC Ordinance 2023-XXX
§ 153.177 ARCHITECTURE AND SITE PLAN REVIEW
(A) Proposals to construct a tiny house village development shall be subject to an Architecture and Site Plan Review by the Planning Commission prior to the issuance of a building permit. Architecture and Site Plan Review entitlements are subject to the provisions in Section 153.217 of this title.
(B) The Community Development Director may allow minor deviations to the requirements for tiny house village proposals described in Sections 153.170 through 153.177, provided that such deviations are consistent with the purposes of this title, and subject to Architecture and Site Plan Review by the Planning Commission.
SECTION 7. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, phrase or portion of this chapter, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this chapter or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional.
SECTION 8: This Ordinance shall become effective thirty (30) days from and after its final passage (00/00/00), provided it is published pursuant to GC § 36933 in a newspaper of general circulation within fifteen (15) days after its adoption.
The foregoing ordinance was given its first reading and introduced by title only at a regular meeting of the City Council of the City of Riverbank on January 10, 2023. Said ordinance was given a second reading by title only and adopted.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Riverbank at a regular meeting on the ____ day of ____________, 2023; motioned by Councilmember _______, seconded by Councilmember ______; moved said ordinance by a City Council _____ vote of ____:
AYES:
NAYS:
ABSENT:
ABSTAINED:
ATTEST: APPROVED:
_________________________ __________________________
Gabriela Hernandez Richard D. O’Brien
City Clerk Mayor
{CW118079.1}
CC/LRA – 01/10/23 & 01/24/23
CC Ordinance 2023-XXX
APPROVED AS TO FORM:
___________________________
Tom P. Hallinan
City Attorney
Item 11.1 - CC/ LRA -1/10/2023
RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 11.1
SECTION 11: NEW BUSINESS
Meeting Date: January 10, 2023
Subject: Nomination and Appointment of the Vice Mayor to Serve for the Year 2023
From: Marisela H. Garcia, City Manager
Submitted by: Gabriela Hernandez, City Clerk
RECOMMENDATION
It is recommended that the Mayor nominate a Councilmember to serve as Vice Mayor for the year 2023, and by roll call vote, City Council approve the Appointment for a one-year term.
SUMMARY
The City Council typically designates the Vice Mayor for a one-year term. Through nomination by the Mayor and favorable motion to approve by the majority vote of the Members of the Council. The Councilmember appointed will serve as Vice Mayor for the year 2023.
FINANCIAL IMAPCT
There is no financial impact.
ATTACHMENTS
There are no attachments to this report.
Item 11.2 - CC/ LRA -1/10/2023
RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 11.2
SECTION 11: NEW BUSINESS
Meeting Date: January 10, 2023
Subject: Annual Consideration of City Council Appointments to Intergovernmental Boards and Committees and Appointments to Internal City Committees for the Year 2023
From: Marisela H. Garcia, City Manager
Submitted by: Gabriela Hernandez, City Clerk
RECOMMENDATION
It is recommended that City Council:
1) Review the appointment lists; and
2) Volunteer or nominate a member of the Council to serve as the representative; and
3) By roll call vote, ratify the appointments for the year 2023.
SUMMARY
One of the first orders of business of each year is for the City Council to review the prior year’s Board and Committee appointment lists as adopted, nominate someone or volunteer for an appointment, and ratify the changes agreed upon by roll call vote.
The City’s participation in various intergovernmental boards and committees provides a valuable opportunity for the City’s legislative body to actively engage in the discussion and decisions that affect the residents of Riverbank, and ensure the City’s best interest are taken into consideration.
In addition, Members of the City Council function in a liaison role to internal City committees which provides the opportunity for members to share their perspectives and recommendations on matters to be addressed while, simultaneously, foster open communication and collaboration with diverse committees of various community interests and expertise.
Intergovernmental Boards/Committees List
Item 11.2 - CC/ LRA -1/10/2023
Stanislaus County Workforce Development Board. As a reminder, this board has been on the list for several years due to the understanding that a member of the council would have the opportunity to be designated to the Government seat on the board. After further inquiry of this seat it was determined that this seat is typically held by a County Representative, and is filled by the predecessor. To stay informed of the Agency and the Board’s activities and decisions, other cities have appointed a Council Member to a separate “Interest Group”. The Interest Group members receive notifications of the Board’s meetings, the agenda, materials provided to the board, and may participate as an attendee of the meeting.
Stanislaus Homeless Alliance Board. According to the bylaws, the East County Cities of Oakdale, Hughson, Riverbank, and Waterford are to decide among themselves which two (2) cities will represent the region. Riverbank has been one of the representatives since 2019. At the writing of this report, the City Clerk had not been informed of any changes that may have occurred. Councilmember Darlene Barber-Martinez is currently serving on the Board and may provide clarification on the status of whether Riverbank will continue to serve as a representative of the region.
Lower Stanislaus River Trail Improvement Plan Committee. This Committee was formulated in 2013 with Representatives of the Cities of Riverbank, Oakdale, and Ripon and the Local Government Commission and the National Park Service to work together to enhance public use and stewardship pf the lower Stanislaus River. Vice Mayor Cal Campbell had been the designated Riverbank representative, with his departure from City Council this position is currently vacant.
Internal City Committees
Budget Advisory Committee (BAC). This is a (7) member advisory committee, including (1) non-voting Council representative and Council alternate, tasked to review and discuss the City’s operating budget and makes recommendations on projects, programs, and policies to the City Council. This committee has been inactive for the past (4) years. City Manager (former Director of Finance) Marisela Garcia may provide additional information on its continued existence.
The 2022 ratified list of External Intergovernmental Boards and Internal City Boards is provided for Review and ratification of any changes made for the year 2023.
STRATEGIC PLAN
City Council and Staff serve as city representatives fostering relationships with external agencies and community members, and at times may involve collaborating joint efforts on accomplishing various aspects of the strategic plan.
FINANCIAL IMAPCT
There is no financial impact.
Item 11.2 - CC/ LRA -1/10/2023
ATTACHMENTS
1. Prior year 2022 adopted Boards and Committees lists.
RIVERBANK CITY COUNCIL
INTERGOVERNMENTAL BOARDS & COMMITTEES
(Last revised and ratified on 01/25/2022)
CC/LRA – Ratified on 01/25/2022
BOARD / COMMITTEE COUNCIL REPRESENTATIVE
(2021 - Appointments)
LEAGUE OF CALIFORNIA CITIES
CENTRAL VALLEY DIVISION EXECUTIVE COMMITTEE
Meets: Quarterly, TBD when scheduled
Location: It rotates among the Northern and
Southern central valley cities, TBD.
(Annual breakfast meeting of the year takes place at the League’s Annual Conference in September)
The Central Valley Division (CVD) is led by an executive committee made up of local government officials who
provide overall guidance and direction for CVD activities.
These activities provide a variety of avenues for individuals to take the opportunity to exchange ideas and information and share the advantages of cooperative advocacy.
Former Vice Mayor Cal Campbell
(Primary)
*VACANT*
Councilmember Luis Uribe
(Alternate)
San Joaquin Valley Air Pollution Control District
Special City Selection Committee
Meets: At least once annually and as needed
Location: Northern Region Office, 4800
Enterprise Way, Modesto
This Committee’s purpose is to appoint (5) Council
Members to the San Joaquin Valley Air Pollution Control District’s Governing Board.
Councilmember Darlene Barber-Martinez
(Primary)
Councilmember Luis Uribe
(Alternate)
STANCOG – POLICY BOARD
Meets: The 3
rd Wednesday of each month; 6:pm
Location: 1111 I Street, Suite 308, Modesto
To work together with local cities to enhance
communication, cooperation and comprehensive planning
in dealing with regional issues.
Mayor Richard D. O’Brien
(Primary)
Councilmember Rachel Hernandez
(Alternate)
ATTACHMENT 1
RIVERBANK CITY COUNCIL
INTERGOVERNMENTAL BOARDS & COMMITTEES
(Last revised and ratified on 01/25/2022)
CC/LRA – Ratified on 01/25/2022
BOARD / COMMITTEE COUNCIL REPRESENTATIVE
(2021 - Appointments)
STANISLAUS HOMELESS ALLIANCE BOARD
(RESOLUTION NO. 2019-032)
Meets: 1st Wednesday of Each Month at 5:30 pm
Location: Tenth Street Place, Board Chambers,
1010 10th Street (Basement), Modesto
The Alliance Is A Collaborative Board Formed to Align
Homeless Service, Planning, And Funding Among
Stakeholders in Stanislaus County. The Board Consists of Several Community Leaders of Governmental and
Nongovernmental Entities. A Primary Voting Member Is
Appointed by The City Council Annually.
Update:
Per the bylaws, East County Cities of Oakdale, Hughson, Riverbank, and Waterford are to decide among
themselves which (2) cities will represent this region.
This seat may eventually be represented by another city in 2021.
Councilmember Darlene Barber Martinez
*(primary)
*If and when the final decision is made by
the East County Cities to assign Riverbank
as the second representative city.
City Manager
(per bylaws serves as the Alternate)
STANISLAUS OFFICE OF EMERGENCY SERVICES
DISASTER COUNCIL
Meets: Once a year or as necessary (tentative April 13th) Location Harvest Hall
Cornucopia Way, Modesto
To make recommendations to local governing agencies on
matters pertinent to development of mitigation, disaster preparedness, response & recovery plans, and programs
for any potential local emergency.
Councilmember Rachel Hernandez
(*Primary)
Councilmember Luis Uribe
(Alternate)
(*Note: The appointed Councilmember
serves a 2-year term; ending 12/2022.)
RIVERBANK CITY COUNCIL
INTERGOVERNMENTAL BOARDS & COMMITTEES
(Last revised and ratified on 01/25/2022)
CC/LRA – Ratified on 01/25/2022
BOARD / COMMITTEE
COUNCIL
COUNCIL REPRESENTATIVE
(2021 - Appointments)
(NEW) “INTEREST GROUP MEMBER” OF THE STANISLAUS
COUNTY WORKFORCE DEVELOPMENT BOARD
(formerly the Stanislaus Business Alliance Board that ended 6/2016)
http://stanworkforce.com/board
Meets: The 1st Monday of the 1st month of every quarter.
Location: 251 E. Hackett Road, Modesto.
The WDB is a business led public body whose members
are appointed by the Board of Supervisors to oversee
activities funded by the Workforce Innovation and
Opportunity Act. The WBD is responsible for shaping and strengthening local and regional workforce development
efforts to support small, medium and large business job growth by providing services such as job search
assistance, resume development, career counseling, and
job placement assistance.
Update:
The designated Government Seat of the Board is typically held by a County Representative and when vacant
appointed by the predecessor. The City Council has the
option to appoint a Council Member to the “Interest
Group” who will be notified of the meetings and provided with agenda materials to participate as an attendee of the meeting; in turn may report back to the City Council. This is how other cities have participated to keep abreast of the Agency and Board’s activities and decisions.
Vice Mayor Cal Campbell
(Primary)
*VACANT*
Councilmember Luis Uribe
(Alternate)
(Note: The Stanislaus County Workforce
Development Agency is a County Agency;
not to be confused with Opportunity
Stanislaus Agency, which is a nonprofit
organization; a separate entity.)
Lower Stanislaus River Trail Improvement Plan
Committee
(Resolution No. 2013-069)
Meets: TBD
Location: TBD
Representatives of the Cities of Riverbank, Oakdale, and Ripon and the Local Government Commission and the
National Park Service will be working together to enhance public use and stewardship of the lower Stanislaus River. *Former Vice Mayor Cal Campbell was the
appointed Representative.
Councilmember Darlene Barber Martinez
(Alternate)
CITY OF RIVERBANK CITY COUNCIL
INTERNAL CITY COMMITTEES
(Last revised and ratified on 01/25/2022)
CC/LRA – Ratified on 01/25/22
CITY/LRA COMMITTEES COUNCIL/LRA LIAISON
(2022 – Appointments)
BUDGET ADVISORY COMMITTEE (BAC)
Meets: As needed
Location: City Hall Council Chambers or City Hall
South Conference Room
This (7) resident member advisory committee, including (1) non-voting Council representative and a Council alternate, reviews and discusses the City’s operating budget and
makes recommendations on projects, programs, and
policies to the City Council.
Councilmember Luis Uribe
(Primary)
Councilmember Rachel Hernandez
(Alternate)
(Note: This committee has been inactive
for the past (4) years.)
FRIENDS OF JACOB MYERS PARK (JMP)
(A non-profit organization)
Meets: On a monthly basis
Location: City Hall Council Chambers
Works on projects, park planning, and fundraising events.
Former Vice Mayor Cal Campbell
(Primary)
*Vacant*
Councilmember Darlene Barber-Martinez
(Alternate)
Councilmember Rachel Hernandez
(2nd Alternate)
SISTER CITY
Meets:
Location:
Councilmember Luis Uribe
(Primary)
Councilmember Rachel Hernandez
(Alternate)
Former Vice Mayor Cal Campbell
(2nd Alternate)
*Vacant*
Item 11.3 - CC/ LRA -1/10/2023
RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 11.3
SECTION 11: NEW BUSINESS
Meeting Date: January 10, 2023
Subject: Adjustments to the 2023 City Council Meeting Schedule From: Marisela H. Garcia, City Manager
Submitted by: Gabriela Hernandez, City Clerk
RECOMMENDATION
It is recommended that the City Council by roll call vote:
1) Cancel the meetings of July 11th, August 8th, November 28th and December 26th, for a modified summer schedule and to minimize conflicts with Holiday Activities.
SUMMARY
Summer 2023
It is not uncommon for agencies to set up a schedule that includes adjustments for summer vacations. The City has in the past, adopted a modified summer schedule which allowed staff, as well as members of the City Council, to more effectively coordinate their vacation plans and minimize scheduling conflicts. In consideration of the number of projects moving forward, it is proposed that the City once again hold only one meeting in July and August rather than cancel both meetings in one of the summer months.
This is consistent with the meeting schedule from 2022 and previous years. The Labor Day Holiday does not fall on the City council meeting week in 2023, so no changes to the September City Council meeting schedule are proposed. However, if Council would like to consider alternate or additional Council meeting closures to accommodate summer plans it is within Council’s authority to do so. In previous years Council has elected to cancel both a meeting in July and a meeting in August. The proposed cancellation dates should Council elect to continue this practice would be July 11th and August 8th.
Fall/Winter 2023
It is also recommended that Council cancel the November 28th and December 26th meetings. The November 28th date is right in the middle of frequent Council, Staff and Community Thanksgiving holiday travel schedules. Similarly, the December 26th date
Item 11.3 - CC/ LRA -1/10/2023
falls on the week between the Christmas and New Year holiday and therefore is recommended for cancellation. As always, in the event that issues arise that need to be attended to between regularly scheduled meetings, a special meeting can be held.
FINANCIAL IMAPCT
There is no financial impact.
STRATEGIC PLAN
Since the City Council meetings play an integral role in the delivery of the strategic plan, establishing a clear Council Meeting Schedule relates directly to most aspects of the strategic plan.
ATTACHMENTS
There are no attachments to this report.
Item 11.4 – CC/LRA – 1-10-2023
RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 11.4
SECTION 11: NEW BUSINESS
Meeting Date: January 10, 2023
Subject: A Resolution Declaring the Existence of a Local Emergency in Response to the 2023 Winter Storms
From: Marisela H. Garcia, City Manager
RECOMMENDATION
It is recommended that the City Council consider adopting a Resolution declaring the existence of a local emergency in response to the 2023 winter storms.
SUMMARY
Over the past several weeks, the Central Valley has suffered various storms that have caused localized flooding and safety hazards. Recently, Governor Newsom proclaimed a state of emergency on January 4, 2023 in order to provide emergency relief efforts. In turn, Stanislaus County proclaimed a state of emergency on January 9, 2023 and has suggested that each of the city’s also make a local proclamation. This will allow for the potential reimbursement of costs associated with any mitigating or addressing any damage sustained as a result of these storms.
STRATEGIC PLAN
This item is directly related to the City Council’s Strategic Plan Goals to Ensure Financial Stability and Improve Public Safety.
FINANCIAL IMPACT
Adoption of the Resolution ratifying the Proclamation of the Existence of a Local Emergency will allow the City to be eligible for State and federal funds. Both the State and federal government set aside money specifically for local emergencies. Under section 8685 of the Government Code, a local emergency must be declared to obtain monetary relief from both State and federal agencies.
ATTACHMENTS
1. CC Resolution 2023-XXX
CC/LRA – 1/10/2023
CC Resolution 2023-
CITY OF RIVERBANK
RESOLUTION 2023-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF RIVERBANK, CALIFORNIA
DECLARING THE EXISTANCE OF A LOCAL EMERGENCY RELATED TO THE 2023
WINTER STORMS
THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:
WHEREAS, conditions or threatened conditions caused by the 2023 winter storms are including, but not limited to, flooding, and damage due to high wind advisories, give rise to conditions of extreme peril to the safety of persons and property within the City; and
WHEREAS, on January 4, 2023 Governor Newsom proclaimed a state of emergency in California in order to provide emergency relief efforts; and WHEREAS, on January 9, 2023 Stanislaus County officials also proclaimed a state of emergency within the County; and
WHEREAS, city staff believes it prudent to declare a local state of emergency within the City of Riverbank based on the current conditions or threatened conditions of the winter storms; and
WHEREAS, Government Code Section 8630 generally requires the City Council to review the need for continuing the local emergency at least once every sixty (60) days; and
WHEREAS, the City Council does herby find that the conditions or threatened conditions caused by the 2023 winter storms warrant and necessitate the proclamation of the existence of a local emergency in the City, and these storms present conditions of extreme peril to the safety of persons and property within the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank does hereby declare as follows:
1. The City Council does Proclaim the Existence of a Local Emergency.
2. The City may request any available funding as a result of this proclamation of a local emergency.
3. The local emergency must be revisited by the City Council at least once every sixty (60) days.
ATTACHMENT 1
CC/LRA – 1/10/2023
CC Resolution 2023-
PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 10th day of January, 2023; motioned by Councilmember __________, seconded by Councilmember __________, and upon roll call was carried by the following City Council vote of ______:
AYES:
NAYS:
ABSENT:
ABSTAINED:
ATTEST: APPROVED:
________________________________ __________________________ Gabriela Hernandez Richard D. O’Brien
City Clerk Mayor