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CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RIVERSIDE, CALIFORNIA, AMENDING VARIOUS SECTIONS IN TITLE 19 OF THE RIVERSIDE MUNICIPAL CODE.
The City Council of the City of Riverside does ordain as follows:
Section 1: Section 19.130.030 of the Riverside Municipal Code is hereby amended as follows:
“Section 19.130.030 Development standards for Industrial Zones.
A. Table 19.130.030.A (BMP, I and AIR Industrial Zones Development Standards) sets forth the minimum development standards for all development in the BMP, I, and AIR Zones.
B. Table 19.130.030.B (AI Industrial Zones Development Standards) sets forth the minimum development standards for all development in the AI Zones.
Section 2 : Table 19.130.030(A) of Title 19 of the Riverside Municipal Code entitled “BMP, I and AIR Industrial Zones Development Standards” is hereby amended as shown in Exhibit “A,” attached hereto and incorporated by reference.
S ection 3: Section 19.450.020 of the Riverside Municipal Code is hereby amended as follows:
“Section 19.450.020 Applicability and permit requirements.
Alcohol sales, as defined in Article X (Definitions), are permitted as set forth in Article V, Base Zones and Related Use and Development Provisions subject to the requirements contained in this chapter.
A. Off-sale.
Any establishment, business or facility that proposes to engage in the off -sale of alcoholic beverages shall obtain a conditional use permit pursuant to Chapter 19.760 (Conditional Use Permit), except for the following uses:
. . .
B. On-sale.
1. Any establishment, business or facility that proposes to engage in the on- sale of alcoholic beverages , unless exempted by subsection 1, below shall obtain a minor
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
conditional use permit pursuant to Article IX, Land Use and Development Permit Requirements/Procedures .
2. Exemption.
a. Businesses meeting the conditions listed in this Section shall be exempt from the site location, operation and development standards set forth in Section 19.450.030.C. b.1. The Community & Economic Development Director or his/her designee shall exempt a business providing on- sale of alcoholic beverages from the minor conditional use permit requirement if all of the following conditions apply:
i.a. The premises contains a kitchen or food- servicing area in which a variety of food is prepared and cooked.
ii.b. The primary use of the premises is for sit -down food service to patrons.
iii.c. The premises serves food to patrons during all hours the establishment is open for customers .
iv.d. If there is a separate area primarily intended for the consumption of alcoholic beverages, it does not constitute more than 30 percent of the public access floor area or 1,000 square feet, whichever is less.
v.e. No alcoholic beverages, including beer or wine are sold or dispensed for consumption beyond the premises.
vi.f. The premises is defined as a "bona fide public eating place" by the State of California Department of Alcoholic Beverage Control. g. The business is not located within 100 feet of any existing residential dwelling or property zoned for residential use, as measured from any point upon the outside walls of the building or building lease space containing the business to the nearest property line of the residential property. This provision shall not apply to residential uses that are a part of a mixed use zone or mixed use project. ” / /
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
Section 4: Chapter 19.545 of the Riverside Municipal Code entitled “Density Bonus ” is hereby amended and replaced in its entirety as shown in Exhibit “B” attached hereto and incorporated herein.
S ection 5: Section 19.580.060 of the Riverside Municipal Code is hereby amended as follows:
“Section 19.580.060 Parking requirements.
A. Minimum parking requirements.
1. The number of off-street parking spaces required by Table 19.580.060 (Required Spaces) shall be considered the minimum necessary for each use, unless off -street parking reductions are permitted pursuant to provisions herein.
2. In conjunction with a conditional use, site plan review or planned residential development permit, the designated approving or appeal authority may increase these parking requirements if it is determined that they are inadequate for a specific project. . . .”
Section 6 : Table 1 9.580.060 of Title 19 of the Riverside Municipal Code entitled “Required Spaces” is hereby amended as shown in Exhibit “ C,” attached hereto and incorporated by reference.
S ection 7: Section 19.580.080 of the Riverside Municipal Code is hereby amended as follows:
“Section 19.580.080 Design standards.
A. Parking space dimensions.
. . .
2. Up to 15 percent of the required onsite parking spaces may have compact dimensions as set forth in Table 19.580.080 A. Calculations that result in fraction of a space shall be rounded to the nearest whole number.
. . .”
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
Section 8: Section 19.850.030 of the Riverside Municipal Code is hereby amended as follows:
“Section 19.850.030 Procedure.
A. Application. Application shall be made and processed pursuant to the provisions listed for variances in Chapter 19.720. Chapter 19.660 (General Application Processing Procedures).
In addition, the applicant shall provide:
. . .
4. A filing fee, in the amount established by City Council resolution, shall be paid at the time of filing an application under this Cc hapter.
B. Notice. Notice of the consideration of a proposed variance application shall be pursuant to Section 19.670.020 (Notice Requirements for Administr ative Discretionary Permits with No Public Hearing).
. . .”
S ection 9: Section 19.850.050 of the Riverside Municipal Code is hereby amended as follows:
“Section 19.850.050 Additional findings required.
In addition to findings required for a variance pursuant to Chapter 19.720 (Variance), tThe following additional findings shall be made in order to approve an application under this chapter:
A. The persons who will use the subject property are protected under the Fair Housing Laws;
. . .
C. The requested exception will not impose an undoundue financial or administrative burden on the City; and
. . .”
S ection 10: Section 19.910.020 of the Riverside Municipal Code is hereby amended as follows:
“Section 19.910.020 “A” Definitions.
Abandon means to cease to use, operate or occupy.
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
. . .
Affordable housing m eans housing for which the allowable housing expenses paid by a qualifying household shall not exceed a specified fraction of the county median income, adjusted for household size. This shall include housing designated for extremely low -, very low -, low-, and moderate-income households.
. . .
Area median income means the annual median household for Riverside County, adjusted for household size, as published periodically in the California Code of Regulations, Title 25, Section 6932, or its successor provision.
. . .”
Section 11: Section 19.910.050 of the Riverside Municipal Code is hereby amended as follows:
“Section 19.910.050 “D” Definitions.
Day care center - child means a child day care facility other than a family day care home, including infant centers, extended day care facilities and school -age child care centers. (see California Health and Safety Code Section 1596.76).
. . .
Disabled veteran means the same as defined in Government Code Section 18541, any veteran as who is currently declared by the United States Veterans Administration to be 10 percent or more disabled as a result of service in the armed forces. Proof of such disability shall be deemed conclusive if it is of record in the United States Veterans Administration. . . .”
Section 12: Section 19.910.090 of the Riverside Municipal Code is hereby amended as follows:
“Section 19.910.090 “H” Definitions.
Habitable floor area, as defined in the Building Code as currently adopted by the City. . . .
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
Homeless persons means the same as defined in Section 11302 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Ch. 119).
. . .
Household. See "single housekeeping unit.”
. . .”
Section 13: Section 19.910.130 of the Riverside Municipal Code is hereby amended as follows:
“Section 19.910.130 “L” Definitions.
Laboratory means a building or portion of a building that contains facilities for testing and analysis of a product, person, animal or portion thereof. . . .
Lower-i ncome student means, for the purpose of determining a projects eligibility for a density bonus pursuant to Chapter 19.545, a student who has a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth Education Code Section 69432.7(k)(1). The eligibility of a student to occupy a unit for lower income students under this section shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of hig her education in which the student is enrolled or by the California Student Aid Commission that the student receives or is eligible for financial aid, including an institutional grant or fee waiver from the college or university, the California Student Aid Commission, or the federal government.”
Section 14: Section 19.910.140 of the Riverside Municipal Code is hereby amended as follows:
“Section 19.910.140 “M” Definitions.
Major street frontage. See "frontage, major street."
Major transit stop has the same meaning as defined in subdivision (b) of Section 21155 of the Public Resources Code. It means a site containing an existing rail or bus rapid transit station; or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less at the morning and afternoon peak commute hours. It also includes planned major
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
transit stops that are included in the regional transportation plan. . . .”
Section 15: Section 19.910.210 of the Riverside Municipal Code is hereby amended as follows:
“Section 19.910.210 “T” Definitions.
Tattoo/body piercing parlor means a business establishment where tattooing or body piercing is performed.
. . .
Total units m eans, for the purpose of determining eligibility for a density bonus, the number of dwelling units in a residential development project, excluding the density bonus dwelling units awarded pursuant to Chapter 19.545 or any other applicable law or ordinanc e granting a greater density bonus.
. . .
Transitional foster youth means the same as defined in section 66025.9 of the Education Code. . . .”
Section 16: Section 19.910.220 of the Riverside Municipal Code is hereby amended as follows:
“Section 19.910.220 “U” Definitions.
University. See "school, professional institution of higher education." . . .
Unobstructed access means a resident is able to access a major transit stop without encountering natural or constructed impediments, which include, but are not limited to, freeways, rivers, mountains, and bodies of water, but do not include residential structures, shopping centers, parking lots, or rails used for transit.
. . .”
Section 17: The City Council has reviewed the matter and, based upon the facts and information contained in the staff reports, administrative record, and written and oral testimony, hereby finds that this ordinance is not subject to CEQA pursuant to Section 15061(b)(3) (General
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
Rule), as it can be seen with certainty that approval of the project will not have an effect on the environment.
Section 18: The City Clerk shall certify to the adoption of this ordinance and cause publication once in a newspaper of general circulation in accordance with Section 414 of the Charter of the City of Riverside. This ordinance shall become effective on the 30th day after the date of its adoption.
ADOPTED by the City Council this _________ day of _____________, 2022.
___________________________
PATRICIA LOCK DAWSON
Mayor of the City of Riverside
Attest:
_____________________________
DONESIA GAUSE
City Clerk of the City of Riverside
I, Donesia Gause, City Clerk of the City of Riverside, California, hereby certify that the foregoing ordinance was duly and regularly introduced and adopted at a meeting of the City Council on the _______ day of _______________, 2022, by the following vote, to wit:
Ayes:
Noes:
Absent:
Abstain:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Riverside, California, this ________ day of ______________, 2022.
_________________________________
Donesia Gause
City Clerk of the City of Riverside
22-1503 09/19/22
\\Rc-citylaw\cycom\WPDOCS\D014\P038\00676762.DOCX
EXHIBIT “A’”
Table 19.130.030.A
BMP, I and AIR Industrial Zones Development Standards
Development Standards BMP I AIR Notes, Exceptions &
Special Provisions
Floor-Area-Ratio (FAR) -
Maximum1, 3 1.50 0.60 0.60
See Chapter 19.149-
Airport Land Use
Compatibility
Lot Area - Minimum 40,000 sq. ft.2 10,000 sq. ft. 8,000 sq. ft.
Lot Width - Minimum 140 ft. 60 ft. 60 ft.
Lot Depth - Minimum 100 ft. 100 ft. 100 ft.
Building Height - Maximum3 — — —
See Chapter 19.149-
Airport Land Use
Compatibility
a. Within 200 feet of a
Residential Zone or use6, 7 35 ft. 35 ft. 35 ft.
b. All other locations 45 ft. 45 ft. 45 ft.
Building Size - Maximum — — —
Gross floor area, exclusive
of mezzanine. Multiple
buildings allowed provided
the maximum FAR is not
exceeded.
a. Within 200 feet of a
Residential Zone or use6, 7 10,000 sq. ft. 10,000 sq. ft. 10,000 sq. ft. b. 200-800 feet of a Residential
Zone or use6, 7 100,000 sq. ft. 100,000 sq. ft. 100,000 sq. ft. c. All other locations Per FAR Per FAR Per FAR
Front Yard Setback - Minimum5, 6 — 20 ft. 15 ft.
In the BMP Zone, 20-feet
of the required 50-foot
front yard setback shall be
landscaped.
a. Buildings over 30 ft. in height
or on an arterial street
50 or 40 ft.
4 (See
Notes) — —
However, a 40-foot front
yard setback shall be
permitted if it is
landscaped in its entirety.
b. Buildings 30 ft. or less in
height and not on an arterial
street
20 ft. (See Notes) — —
In the BMP zone, the 20-
foot front yard setback
required for buildings 30-
feet or less in height shall
be landscaped in its
entirety.
Side Yard setbacks - Minimum5 — — —
a. Interior Side 0 ft. 0 ft. 0 ft.
b. Adjacent to Residential Zone
or use
6, 7 60 60 60
Not less than 15 feet of
the minimum side yard
setback area directly
adjacent to a Residential
Zone or use shall be fully
landscaped.
c. Street side Same as Front Yard 20 ft.7 15 ft.7 Minimum 10 feet fully landscaped.
Rear Yard Setback - Minimum — — —
Development Standards BMP I AIR Notes, Exceptions &
Special Provisions
a. Rear yard 0 ft. 0 ft. 15 ft.
b. Adjacent to Residential Zone
or use6, 7 60 ft. 60 ft. 60 ft.
Not less than 15 feet of
the minimum rear yard
setback area directly
adjacent to a Residential
Zone or use shall be fully
landscaped.
c. Adjacent to Streets Same as Front Yard 20 ft.7 20 ft.7 Minimum 10 feet fully landscaped.
Notes:
1. The Approving or Appeal Authority may allow a development project to exceed a maximum FAR when findings can be made that such project (a) will not have a detrimental effect on infrastructure and municipal services, (b) will not adversely impact the surrounding neighborhood, and (c) will not likely set a precedent for additional development that would adversely affect infrastructure, service or surrounding land uses.
2. Smaller minimum lot areas may be established by a specific plan or master plan in the BMP Z one. A master plan must include provisions for common access, parking and maintenance. A total master plan area of five acres is required. Site plan review approval by the Community & Economic Development Director or his/her designee is required for any ma ster plan.
3. See Chapter 19.149 - Airport Land Use Compatibility to determine if a project site is subject to Airport Land Use Compatibility Plan requirements.
4. In the BMP Zone, off-street parking, gate or guard houses, roofs or canopies covering unenclosed pedestrian walks and walls or fences not more than six feet in height shall be permitted in the rear 30 feet of the required 50 -foot front yard setback.
5. A minimum ten-foot on-site landscape planter shall be required along the street side yard. and rear yards of the I and AIR Zones.
6.5. A minimum front yard setback of 50 feet shall be required and maintained wherever a lot or parcel in any industrial zone abut s or is adjacent to a lot or parcel in any residential zone or use.
7.6. Except where the site is separated from such residential zone or use by a freeway.
7. Measured from the residential zone or property line to the industrial building.
EXHIBIT “B”
Chapter 19.545 DENSITY BONUS
19.545.010 Purpose.
A. The purpose of this Chapter is to:
1. Establish procedures for implementing State Density Bonus requirements, as set forth in California Government Code Sections 65915 through 65918 and
2. Facilitate the development of affordable housing consistent with the goals, objectives, and policies of the Housing Element of the City's General Plan.
B. This Chapter establishes incentives available to developers to produce housing affordable to very-low, low and moderate -income households, transitional foster youth, disabled veterans, homeless persons, lower-income students, and senior citizens, consistent with State Density Bonus law.
19.545.020 Applicability.
A. The provisions of this Chapter shall apply to any residential development project, as defined in Article X – Definitions.
B. A residential development project that complies with the provisions of Chapter 19.535 (Inclusionary Housing), or any other applicable statute, regulation or law that requires development of affordable housing shall be eligible to receive incentives as set forth in this Chapter.
C. Any request for a density bonus for a residential development project located within a Compatibility Zone of the Riverside County Airport Land Use Compatibility Plan shall comply with the applicable compatibility criteria of the Compatibility Zone in which is it located.
19.545.030 General requirements.
A. Maximum allowable density.
1. The maximum number of units allowed by the applicable zone for the site shall be multiplied by the density bonus allowance as defined in this Chapter.
2. A residential development project shall not exceed the cumulative total number of units allowed by the underlying zone and the density bonus units.
B. Fractional units. Each component of any density calculation resulting in fractional units, including base density and bonus density, shall be separately rounded up to the next whole number.
C. Discretionary approval.
1. A request for a density bonus may be incorporated with a regular application to the Planning Division for ministerial or discretionary development approval required by this Title for the proposed residential development project.
2. The granting of a density bonus, in and of itself, shall not require a General Plan Amendment, Zoning Change, or other discretionary approval.
D. Mixed category development.
1. If a residential development project qualifies for a density bonus under more than one category, the applicant shall select the category under which the density bonus is granted.
2. Unless otherwise stated in this Chapter , density bonuses from more than one category may not be combined.
E. Any project for which a density bonus is granted under this Chapter is not eligible for an additional density bonus under Chapter 19.780 (Planned Residential Development Permit).
19.545.040 Residential Development Project - Eligibility.
A. Eligible. The City shall grant a density bonus when a residential development project meets at least one of the following criteria:
1. 5% of the total units are designated for very low-income households.
2. 10% of the total units are designated for low-income households.
3. 100% of the units, exclusive of a manager’s unit, are designated for very low -, low-, and moderate-income households, with no more than 20% of the total units designated for moderate-income households.
4. 10% of the total units are designated for transitional foster you th, disabled veterans, or homeless persons with rents provided at the same affordability level as very low -income units.
5. 20% of the total units are designated for lower income students in housing dedicated for full- time students at accredited colleges.
6. Any senior citizen residential development project as defined in Civil Code Sections 51.3 and
51.12 that has at least 35 dwelling units or a mobile home park that limits residency based on age requirements for housing older persons in compliance with Civil Code Sections 798.76 or 799.5.
7. Any for-sale project with 10% of the total units designated for moderate-income households, provided that all units in the development are offered to the public for purchase.
8. A condominium conversion project where:
a. 33% of the units converted are for low- or moderate-income households; or b. 15% of the units converted are for very low- or extremely low-income households.
9. The applicant donates at least one acre of land to the City for very low-income units, and the land has the appropriate General Plan designation, Zoning, permits and approvals, and access to public facilities needed for such housing.
B. Ineligible. Unless units are replaced in conformance with 19.545. 040.C below, a n applicant is ineligible for a density bonus or any other incentives, concessions, or waivers under this Chapter if the proposed residential development project involves the removal of rental units that:
1. Are currently subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low-income; or
2. Were:
a. Vacated or demolished In the five-year period preceding the application; and b. Subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low income; or
3. Are currently subject to any form of rent or price control; or
4. Are currently occupied by low- or very low-income households; or
5. For conversion to condominiums , were previously granted a density bonus, concession, or incentive.
C. Replacement units. A proposed residential development project that involves the removal of affordable units as set forth in 19.545.0 40.B a bove may request a density bonus, concession, incentive, or waiver if the affordable units are replaced subject to the following:
1. Occupied units. For dwelling units that are occupied on the date of application:
a. The proposed residential development project shall provide at least the same number of units containing the same number of bedrooms; and
b. The units must be made available at affordable rent or affordable sales price to, and occupied by, persons and households in the same or lower income category as current household in occupancy.
2. Vacant or demolished units. For dwelling units that have been vacated or demolished within the five-year period preceding the application:
a. The proposed residential development project shall provide at least the same number of units containing the same number of bedrooms as existed at the highpoint of those units in the five-year period preceding the application; and b. The units must be made available at affordable rent or affordable sales price to, and occupied by, persons and families in the same or lower income category as the last household in occupancy.
3. Unknown household income. If the income category of the last household in occupancy is not known, the units shall be replaced in the same proportion of lower-income renter households to all renter households within the City , as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database.
4. Residential development projects that would result in the removal of affordable units pursuant to this section shall also comply with replacement requirements set forth in California Government Code §66300(d)(2) (also known as SB 330 The Housing Crisis Act) as long as that statute remains in effect.
19.545.050 Permitted Density Bonus.
A residential development project that complies with the eligibility requirements of Section 19.545. 040 shall be granted a density bonus as follows:
A. Bonus for very low-, low-, and moderate-income housing.
1. The amount of density bonus granted shall be based on the following table, up to a maximum of 50%:
Unit Type Minimum %
of Units
Density Bonus
Granted
Additional Bonus for each 1%
Increase in Units
Very Low Income 5% 20% 2.5% bonus through 12% of units
3.75% from 11% - 15% of units
Low Income 10% 20% 1.5% bonus through 21% of units
3.75% from 20% - 24% of units
Moderate Income
for-sale units only 10% 5% 1% bonus through 40% of units
3.75% from 41% - 44% of units
2. The applicant may propose a lesser percentage of density increase, including, but not limited to, no increase in density with no effect on eligibility for concessions, incentives, and waivers or reduction of development standards to be considered as part of the development application.
B. Bonus for 100% affordable residential development projects.
1. If no more than 20% of the units are designated for moderate -income households and the remaining 80% are designate d for very low - and low -income households, exclusive of manager’s unit(s), the project shall be eligible for an 80% density bonus.
2. A residential development project located within one-half mile of a major transit stop shall have no maximum density.
C. Bonus for other housing categories. A residential development project that complies with the eligibility requirements of Section 19.545.040 shall be entitled to density bonus as follows:
1. Units for transitional foster youth, disabled veterans, homeless persons, or seniors: 20% density bonus
2. Units for lower-income students: 35% density bonus.
a.Units for lower -income students shall be defined as one (1) rental bed and its pro rata share of associated common area facilities.
b.Units for lower-income students shall meet all of the following requirements:
i. All units will be used exclusively for full- time undergraduate, graduate, or professional students at an institution accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges.
ii. As a condition of receiving a certificate of occupancy, the developer/applicant shall enter into an operating agreement or master lease with one or more institutions of higher education for students from that institution(s) to occupy all units of the student residential development project.
iii. The development shall provide priority for the applicable affordable units for lower-income students experiencing homelessness that may be verified by an institution of higher education that has knowledge of a person’s homeless status or a homeless service provider, as defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code.
iv. Rent for the affordable units for lower income students shall be calculated at thirty percent (30%) of sixty-five percent (65%) of the area median income for a single-room occupancy unit type.
3. 25% density bonus for condominium conversion, subject to the requirements of California Government Code Section 65915.5.
D. Bonus for donating land for very low-income units.
1. An applicant is eligible for a density bonus if all of the following conditions are met:
a. The donated land is:
i. At least one acre in size or of sufficient size to permit development of at least 40 units, which is greater.
ii. Has the appropriate general plan designation.
iii. Zoned with development standards for development of at least 30 dwellings per acre.
iv. Is or will be served by adequate public facilities and infrastructure. v. Located within the boundary of the proposed development. vi. Subject to the approval of the City, within one -fourth mile of the boundary of the proposed development.
vii. The donated land shall be fully entitled for the development of very low-income housing.
viii. The applicant shall donate and transfer the land to the City or to a housing developer approved by the City no later than the date of approval of the final subdivision map, parcel map, or residential development application. ix. A proposed source of funding for the very low -income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.
2. An applicant for a residential development project that donates land to the City in compliance with the eligibility requirements of Section 19.545.040 shall be entitled to:
a. 15% density bonus if 10% of the total units in the development are set aside for very low- income households.
b. For each one percent increase in the percentage of units affordable to very low -income households, the density bonus shall be increased by one percent, up to a maximum of 35% density bonus.
c. Density bonus for land donation can be combined with the regular density bonus provided for the development of affordable units, up to a maximum 35% density bonus.
E. Bonus for childcare facilities.
1. When an applicant proposes to construct a residential development project that includes a childcare facility that will be located on the premises of, as part of, or adjacent to the project, the City shall grant either of the following:
a. An additional density bonus that is an amount of square feet of residential space that is equal to the amount of square feet in the childcare facility; or b. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.
2. The City shall require as a condition of approving the childcare facility that the following occur:
a. The childcare facility shall remain in operation for a period of time that is as long as or longer than the period of time during which t he density bonus units are required to remain affordable; and
b. Of the children who attend the childcare facility, the children of very low -income households, lower-income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low -income households, lower -income households, or families of moderate income.
19.545.060 Concessions and incentives.
A. General. The applicant for a density bonus project may request specific concessions or incentives and the City shall grant the request unless the City makes a written finding, based on substantial evidence, of one or more of following:
1. The concession or incentive does not result in identifiable and actual cost redu ctions to provide for affordable housing costs or for rents for the targeted units to be set as specified in 19.545.040.
2. The concession or incentive would have a specific, adverse impact upon public health and safety or on any real property listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low - and moderate -income households.
3. The concession or incentive would be contrary to State or Federal law.
B. Number of concessions or incentives . The applicant shall receive the following number of concessions or incentives:
Percentage of Affordable Units (Minimum) Number of Concessions 5% Very Low
10% Low
10% Moderate (for-sale units only)
20% Lower Income Student
1 10% Very Low
17% Low
20% Moderate (for-sale units only)
2 15% Very Low
24% Low
30% Moderate (for-sale units only)
3 100% Very Low or Low
(maximum 20% Moderate)* 4
* If the project is within one-half mile of a major transit stop, the applicant shall also be eligible to receive a height increase of up to three (3) additional stories, or thirty-three (33) feet.
C. Types of concessions or incentives. Concession or incentive means any of the following:
1. A reduction in site development standards or a modification of Zoning Code requirements or architectural design requirements that results in identifiable and actual cost reductions including, but not limited to:
a. Height limitation;
b. Setback requirement; or
c. Parking ratio.
2. Approval of mixed -use zoning in conjunction with the residential development project if commercial, office, industrial, or other land uses will reduce the cost of the residential development project, provided that such uses are compatible with:
a. The proposed residential development project; and
b. The existing or planned development in the area where the proposed r esidential development project will be located.
3. Other regulatory incentives or concessions proposed by the applicant or the City that result in identifiable and actual cost reductions.
D. Parking incentives.
1. A request for reduced parking pursuant to this section shall not count as concession or incentive.
2. The applicant may request further parking reductions as a concession or incentive.
3. Notwithstanding the requirements below, the applicant may provide additional parking in excess of the minimum required parking identified in this section.
4. Parking ratios. Upon the request of the applicant of a residential development project that satisfies the requirements of 19.545.040, the following onsite parking ratios shall apply:
a. Zero to one bedroom: one parking space per unit;
b. Two to three bedrooms: one and one-half parking spaces per unit; and c. Four or more bedrooms: two and one-half parking spaces per unit.
5. Within ½ mile of a major transit stop . If a development is within one half-mile of a major transit stop and the residents of the development have unobstructed access to the major transit stop from the development, then upon request of the applicant, parking ratios shall be further reduced as follows:
a. Development includes at least 11 % very low-income units or at least 20 % low-income units: 0.5 spaces per unit.
b. Development includes at least 40 % moderate-income for-sale units: 0.5 spaces per bedroom.
6. No required parking. If a development is 100% affordable , then upon the request of the applicant, the City shall not impose a vehicular parking ratio if the development meets any of the following criteria:
a. The development is within one-half mile of a major transit stop and the residents of the development have unobstructed access to the major transit stop from the development; or
b. The development is for individuals who are 62 years of age or older and the development has either paratransit service or unobstructed access within one -half mile to fixed bus route service that operates at least eight times per day; or c. The development is either special needs housing or supportive housing and the development has either paratransit service or unobstructed access within one -half mile to fixed bus route service that operates at least eight times per day.
7. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number.
8. A residential development project may provide onsite parking through tandem parking or uncovered parking, but not through on-street parking.
9. Notwithstanding the above, the City may impose higher minimum parking requirements pursuant to California Government Code §65915(p)(8).
19.545.070 Waiver or reduction of development standards.
If a development standard would physically preclude the construction of a residential development project at the density and with the concessions or incentives permitted in this Chapter, the applicant may propose to have those standards waived or reduced.
A. When an applicant makes a request for a waiver or reduction of development standards, the City shall grant the request unless any of the following findings are made:
1. The waiver or reduction of development standards would have a specific adverse impact upon public health or safety for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
2. The waiver or reduction of development standards would have an adverse impact on any real property listed in the California Register of Historical Resources.
3. The waiver or reduction of development standards would be contrary to State or Federal law.
B. A proposal for the waiver or reduction of development standa rds pursuant to this section shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled.
19.545.080 Development standards for affordable units.
The units made available to lower -income households, very low -income households and moderate - income households pursuant to this Chapter shall be designed and constructed pursuant to the requirements of Chapter 19.535.050 (Inclusionary Housing – Development Standards).
19.545.090 Affordable Housing Agreement.
A. Residential development projects receiving a density bonus, concession, incentive, or waiver pursuant to this Chapter shall enter into an Affordable Housing Agreement with the City.
B. The terms of the Affordable Housing Agreement shall be subject to the requirements established by the City of Riverside Housing Authority at the time of project approval.
C. The Affordable Housing Agreement shall be entered into prior to issuance of the final certificate of occupancy for the residential development project.
D. The Affordable Housing Agreement shall remain in effect for the entire term of affordability of the affordable units created pursuant to this Chapter, or as required by applicable State law, whichever is greater.
EXHIBIT “C”
Table 19.580.060 - Required Spaces
Use Number of Spaces Required
A
Adult-Oriented Businesses (5)
Agriculture, Horticulture and Growing of Nursery
Plants
1 space/two employees
Aircraft Charter Services See “Offices – Business & Professional” Aircraft Parts, Supplies, Merchandise and Equipment
Shops
See “Vehicle Sales, Rental & Leasing”
Aircraft Sales, Rental, Service, Repair and Storage See “Vehicle Sales, Rental & Leasing” Airports (Public or Private) (5)
Ambulance Company 1 space/ambulance plus 1 space/250 square feet of office area
Animal Keeping:
a. Kennel (Dogs and Cats)
b. Horse Stable - Commercial
a. 1 space/250 square feet of floor area
b. 1 space/employee plus 1 space/5 stalls
Arcades and Internet Cyber Cafes 1 space/250 square feet of floor area (13)(10) Artist Studio See “Offices – Business & Professional”
Assemblies of People - Entertainment and Non-
Entertainment (15)(12)
(Includes places of worship, fraternal service
organizations, indoor theater, stadiums, auditoriums,
auction houses, community centers, clubs or meeting
halls)
1 space/4 fixed seats or 1 space/30 square feet of
floor area in the main assembly area for non-fixed
seats. (13)(10)
Additional requirements applicable to incidental
Dwelling Unit(s)
(17)(14)
Assisted Living (Residential Care Facilities) 0.5 spaces/bed Astrology and Fortune-telling (Occultist) See “Offices – Business & Professional” Auction House (Indoor) See “Assemblies of People”
B
Bail Bonds Office See “Offices – Business & Professional” Bakery - Retail See “Retail Sales”
Banks & Financial Institutions/Services, including
Brokerages
a. Automated teller situated as part of a bank or
financial institution, located indoor or outdoor
b. Automated teller separate from a bank or financial
institution, located outdoor
c. Drive through automated teller or indoor
automated teller associated with a retail use.
1 space/180 square feet (13)(10)
a. No spaces required.
b. 2 spaces for the first teller station and 1 space per each additional teller station, all located on the same lot or within 100 feet of the teller station.
(11)
c. No spaces required.
Bars, Saloons, Cocktail, Lounges and Taverns 1 space/100 square feet of floor area (12) Bed and Breakfast Inn 1 space/guest room (16)(13)
Boardinghouse 1 space/guest room (12)
Boarding of Cats and Dogs/Kennels See “Animal Keeping”
Use Number of Spaces Required
Brewery/Winery/Distillery
a. Manufacturing/Wholesale only
b. Off-sale Retail & On-Site Tasting
c. Brewpub
a. See “Manufacturing”
b. See “Retail Sales”
c. See “Restaurant”
Building Materials Supply - Wholesale See “Warehousing & Wholesale” Bus Terminal (5)
Business Support Services
(Including graphic reproduction, computer services,
etc.)
1 space/250 square feet of floor area (13)(10)
C
Caretaker Living Quarters 1 space/dwelling unit
Catering Establishment 1 space/employee plus 1 space/500 square feet of floor area (13)(10)
Cemeteries, Mortuaries, Funeral Chapels and
ancillary uses
a. With indoor facilities
b. Outdoor only
a. See "Assemblies of People"
b. (5)
Check Cashing See “Banks & Financial Institutions/Services” Commercial Kitchen (no on-site dining) See “Manufacturing” Commercial Storage Facilities (mini-warehouse, self-
storage facilities)
1 space/250 square feet of office area plus 1 space for a resident manager or caretaker (10)
D
Day Care Centers not including family day care homes
1 space/employee plus 1 space/facility vehicle plus 1
space/10 persons at facility capacity. (10)
Drug Store/Pharmacy 1 space/250 square feet of floor area (13)(10) Dwelling:
a. Single-family dwelling
b. Multiple-family dwelling
c. Live/Work, Studio Unit/Tiny Home (Foundation)
d. Accessory Dwelling Unit and Junior Accessory
Dwelling Unit
a. 2 spaces within a private garage/dwelling unit
b. 1.5 spaces/dwelling unit with 1 bedroom plus 2
spaces/dwelling unit with 2 or more bedrooms (1)
c. 1 space/dwelling unit
d. No replacement parking is required when a
garage, carport or covered parking is demolished. No
parking is required for the ADU or JADU.
.
.
.
F
Farmers Market - Certified (5)
Florist Shops See "Retail Sales"
Flying Schools See “Schools – Vocational & Technical”
Furniture Upholstery 1 space/500 square feet of floor area (13)(10) .
.
.
M
Manufactured Dwellings
a. Single-family dwelling
b. Sales
a. See “Dwelling”
b. See “Vehicle Sales, Rental & Leasing”
Manufacturing (3) 1 space/500 square feet of floor area (13)(10) Use Number of Spaces Required
Medical Services:
a. Hospital
b. Medical/Dental Office
c. Laboratory, Research/Development
d. Emergency Medical Service - urgent care
e. Optometrist office
a. 1 space/bed (12)
b. 1 space/180 square feet of floor area (13)(10)
c. 1 space/250 square feet of floor area
d. 1 space/180 square feet of floor area
e. 1 space/250 sq. ft. of floor area (minimum of 5
spaces) (13)(10)
Mobile Home Park 1 space/mobile home site plus 1 off-street guest space/5 mobile home sites
Model Homes 2 spaces/model home
Multiple-family Dwelling See “Dwelling”
O
Offices - Business and Professional 1 space/250 square feet of gross floor area (13)(10) Outdoor sales, display or storage 5 spaces plus 1 space/250 square feet of office area Outdoor Storage Yard The greater of:
1 space/4,000 square feet net lot area or
1 space/250 square feet of office space or
1 space/500 square feet of enclosed storage
P
Parking Lot or Parking Structure 1 space/employee if manned ingress/egress Parolee/Probationer Home:
a. 6 or fewer residents
b. more than 6 residents
a. See “Dwelling”
b. (5)
Pawn Shop/Gold Buying See “Retail Sales”
Personal Service (7) 1 space/250 square feet of floor area (13)(10) Planned Residential Development (5)
Plant Nurseries (6) 5 spaces plus 1 space/250 square feet of building area Publishing & Printing See “Manufacturing”
R
Rail Transit Station (5)
Recreational Facilities - Commercial:
a. Billiard Parlor and Pool Halls
b. Bowling Alleys
c. Skate Facility (indoor/outdoor)
d. Amusement Parks
e. Golf Courses and Driving Ranges
f. Health/Fitness Club (15)(12)
g. Swimming Pool
h. Specialty Non-Degree (Dance, Music, Martial Arts
or similar)
i. Other indoor and outdoor facilities
a. 1 space/250 square feet
b. 5 spaces/bowling lane (12)
c. 1 space/100 square feet of floor area
d. (5)
e. 5 spaces/hole, 1.5 spaces/tee on the driving range
plus additional spaces required for ancillary uses per
the provisions of the Zoning Code.
f. 1 space/150 square feet of floor area
g.
(5)
h. 1 space/250 square feet, or (5)
i. (5)
Recycling Centers:
a. Paper, glass plastic, aluminum and nonferrous
metals
b. Solid Waste Transfer Stations and Material
Recovery Facilities
a. 1 space/employee plus 1 space/1,000 square feet
of floor area
b. 1 space/employee
Use Number of Spaces Required
Recycling Facilities:
a. Indoor Collection Center
b. Reverse Vending Machine
c. Bulk Reverse Vending Machine
d. Mobile Recycling Unit
a. 5 spaces, plus 1 space per employee
b. No additional parking is required
c. (5)
d. 1 space/attendant (if applicable)
Repair Shop – Small Items See “Retail Sales”
Restaurant (sit-down, drive-through, fast food, take-
out, café, cafeteria, excluding any outdoor dining area)
1 space/100 square feet of floor area (12)
Retail Sales (uses not located in a regional shopping
center - i.e., In the CRC Zone) (8)
1 space/250 square feet of floor area (13)(10)
S
Schools:
a. College, Community College, University, and
Professional
b. Elementary or Secondary (Junior High)
c. High School
d. Vocational and Technical
a. (5)
b. 2 space/classroom plus 2 bus loading spaces
c. 7 spaces/classroom plus 3 bus loading spaces
d. 0.75 spaces/employee plus 0.75 spaces/student at
maximum enrollment (9) (13)(10)
Senior Housing 1 space/unit (2)
Shelters, Emergency Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do
not require more parking than that for other
residential or commercial uses within same zone.
Shopping Center - Regional (i.e., in the CRC Zone) 1 space/200 square feet of gross leasable floor area Showroom 1 space/500 square feet of floor area
Single-family Dwelling See “Dwelling”
Single Room Occupancy (SRO) 1 space/dwelling unit
Smog Shop See “Vehicle Repair Facilities”
Sober Living Homes See “Dwelling”
Student Housing (including dormitories, fraternities,
sororities, etc.)
1.1 spaces/bed; or
0.5 space/bed within 1/4 mile of a major transit stop
(16) or campus (10) (17)
Supportive Housing See “Dwelling”
.
.
.
V
Vehicle Fuel Station:
a. With Accessory Retail/Convenience Market
b. With Vehicle Maintenance/Repair
c. With Indoor Storage Area
d. With Restaurants (including all cooking, serving and seating areas)
e. With Car Wash
a. 1 space/250 square feet of retail area including
cooler areas (14)(11)
b. 2 spaces/service bay (14)(11)
c. 1 space/1,000 square feet of storage area (14)(11)
d. 1 space/100 square feet of floor area (14)(11)
e. 1 space/washing bay, not including vacuum stalls
(14)(11)
Vehicle Impound & Tow (5)
Vehicle Parts and Accessories
a. Sales Only
b. Sales and Installation (Indoor Only)
a. See "Retail Sales"
b. See “Vehicle Repair Facilities”
Use Number of Spaces Required
Vehicle Repair Facilities - Major or Minor 6 spaces on same lot plus 2 additional spaces/service bay, in addition to the service bays (11)
Vehicle Sales, Rental, Leasing - New or Used
a. Without Outdoor Display
b. With Outdoor Display
a. See "Retail Sales"
b. 5 spaces plus 1 space/250 square feet of office area Vehicle Wash Facilities:
a. Full Service and Express
b. Self Service - (No separate office or retail use)
a. 1 space/2 employees of largest shift, not including
vacuum stalls (adequate stacking and drying areas as
determined by Conditional Use Permit)
b. 1 space/2 washing bays or stalls in addition to the
bays, not including vacuum stalls
Vehicle Wholesale Business
a. Indoor (less than 5,000 sq. ft.)
b. Outdoor & Indoor (over 5,000 sq. ft.)
a. See “Offices”
b. (5)
Veterinary Services (clinic and hospital, may include
accessory grooming and boarding)
1 space/180 square feet of floor area
.
.
.
Table 19.580.060 Notes:
1. See Section 19.580.070 B (Multiple Family Dwellings) for additional requirements. For the purpose of calculating parking requirements for multiple family dwellings, dens, studies, or other similar rooms that may be used as bedrooms shall be considered bedrooms.
2. For senior housing projects, 50 percent of the required spaces shall be covered either in a garage or carport.
3. For the purposes of parking requirements, this category includes corporation yards, machine shops, tin shops, welding shops, manufacturing, processing, packaging, treatment, fabrication, woodworking shops, cabinet shops, and carpenter shops and uses with similar circulation and parking characteristics.
4. Required parking spaces may be in tandem, and the driveway may be used for the required drop-off and pick-up space.
5. Parking ratio to be determined by the designated Approving or Appeal Authority in conjunction with required land use or development permits, based on the impacts of the particular proposal and similar uses in this table.
6. Excluding lath and green houses.
7. Includes barber shops, beauty salons/spas, massage, tanning, tailors, dry cleaning, self-service laundry, travel agencies, electrolysis, acupuncture/acupressure, and tattoo parlors.
8. For the purposes of parking requirements, this category includes antique shops, gun shops, pawn shops, pet stores, and second-hand stores.
9. Additional parking for assembly rooms or stadiums is not required.
10. Parking may be provided on the same or adjoining lot.
11. Parking may be provided on the same lot or within 100 feet of the subject site.
12. Parking may be provided on the same lot or within 150 feet of the subject site. 130. Parking may be provided on the same lot or within 300 feet of the subject site. 141. The pump islands are not counted as parking stalls. 152. A reduction in the number of required parking spaces may be permitted subject to a parking study and a shared parking arrangement.
163. Where strict adherence to any parking standards would significantly compromise the historic integrity of a property, the Community & Economic Development Director, or his/her designee, may consider variances that would help mitigate such negative impacts, including consideration of tandem parking, allowances for on-street parking, alternatives to planter curbing, wheel stops, painted striping, and asphalt or concrete surfacing materials. 174. Parking shall be provided in accordance with Chapter 19.545.060 (Parking Standards Incentive). A parking analysis may be provided to justify modifications from those standards. The parking analysis shall identify the parking needs to address the operating hours and characteristics of the operations to provide for adequate parking at all times. 185. Refer to Section 19.580.060 E for new uses within a designated cultural resource as defined in Chapter 20 of the Riverside Municipal Code.
16. A s defined in Article X – Definitions.
17. Campus shall have the same meaning as “School, professional institution of higher education” as defined in Article (X) – Definitions.