c. Fences and walls facing public rights-of-way shall be constructed of a minimum of two decorative materials.
4. Site Plan shall be designed to prevent the queuing of trucks on streets or elsewhere outside of facility.
M. Temporary mixed-use areas.
1. A temporary use may be allowed on vacant lots in EE and/or HE Sub-Districts to activate the site if it meets the Sub-District's general intent.
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1116112&datasource=ordbank" web="yes">Ord. 7573</ulink> § 1(Exh. A), 2021)
19.170.090 Nonconformities.
A. Land uses and structures legally established that do not conform to this Cchapter may continue to exist and operate as legal, conforming uses.
B. Expansion of such uses and structures shall be limited as follows:
1. The gross floor area may be expanded up to ten percent of the existing gross floor area of structures on the premises through a design review.
2. The gross floor area of previously conforming uses and structures may be expanded up to 50 percent of the existing gross floor area of structures on the premises through a minor condition use permit.
3. Within the HE Sub-district, existing conforming nonresidential uses may be replaced with other conforming, nonresidential uses without complying with the 80 percent residential land use requirement for new development.
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1116112&datasource=ordbank" web="yes">Ord. 7573</ulink> § 1(Exh. A), 2021)
Chapter 19.180 BUILDING SETBACK OVERLAY ZONE (X)
19.180.010 Purpose.
19.180.020 Application of setbacks.
19.180.030 Structures or improvements in special setbacks.
19.180.040 Setback variances permitted.
19.180.010 Purpose.
The Building Setback Overlay Zone (X) is established to preserve and promote the health, safety, and general welfare of the community and to promote quality design consistent with General Plan policies by allowing for modifications to the setback standards established in a base zone. A building setback standard may be increased or reduced for the purpose of achieving design or public safety goals, or for avoiding possible detrimental impacts of building height or mass on neighboring properties or public
rights-of-way. The Building Setback Overlay Zone may be applied to any zone and may be applied in conjunction with other overlay zones.
(Ord. 7331 §14, 2016; Ord. 6966 §1, 2007)
19.180.020 Application of setbacks.
Whenever the Building Setback Overlay Zone is established, no building shall be constructed on the property closer to any property line than the number of feet specified by the Overlay Zone, and the number of feet so specified shall take precedence over the setback requirement established by the underlying zone. For example, CG-X-50 indicates that the base zone of the property is CG (General Commercial), but the property is also within the Building Setback Overlay Zone (X), that designates the setback of the construction of a building on the property no closer than 50 feet to any property line. The distance may also be specified to apply to any particular property line. (Ord. 7331 §14, 2016; Ord. 6966 §1, 2007)
19.180.030 Structures or improvements in special setbacks.
Notwithstanding any provisions of this Cchapter to the contrary, the following structures or improvements may be erected, constructed, or established within the special setbacks established in this Cchapter, unless otherwise noted:
A. Pedestrian access walkways.
B. Vehicular access driveways.
C. Fences or walls not exceeding three feet in height in yards adjacent to streets, or six feet up to the maximum otherwise permitted in all other yards.
D. Off-street parking areas within the rear or interior side yard setbacks only, including parking spaces, drives, aisles, turning and maneuvering areas, bumper stops or wheel stops, pursuant to the standards of Chapter 19.580 (Parking and Loading).
E. Lights to illuminate off-street parking areas, pedestrian walkways, vehicular access driveways, landscaped areas or buildings.
F. Structures or improvements permitted within yard areas by and in conformance with the provisions of Chapter 19.630 (Yard Requirements and Exceptions). For the purpose of this Ssubsection, the special setback requirement shall be considered a yard.
G. Signs as permitted by Chapter 19.620 (Signs).
H. Landscaped areas.
(Ord. 7331 §14, 2016; Ord. 6966 §1, 2007)
Chapter 19.190 COMMERCIAL STORAGE OVERLAY ZONE (CS)
19.190.010 Purpose.
19.190.020 Development and use standards.
19.190.030 Concurrent site plan and design review required.
19.190.010 Purpose.
The Commercial Storage Overlay Zone (CS) is established to permit storage uses in areas that are particularly difficult to use due to parcel shape, access, adverse environmental conditions, or in areas where parcels are needed to form a buffer between incompatible uses. It is intended that the CS Overlay Zone be applied where typical development permitted by the base zone is not a practical use of the property. In particular, the CS Overlay Zone is not intended to be applied to valuable commercial or industrial, job producing properties except in unusual circumstances. The Commercial Storage (as defined in Article X - Definitions) Overlay Zone may be applied to any zone except the RC, RA-5, R-3, R-4, CRC, any MU, RWY and PF Zones and may be applied in conjunction with other overlay zones. (Ord. 7331 §15, 2016; Ord. 6966 §1, 2007)
19.190.020 Development and use standards.
In addition to the development use standards applicable to the base zone, the following standards shall apply. Where conflict exists, the more restrictive standards shall apply.
A. Use limitations, including storage prohibitions.
1. Storage spaces shall not be used for manufacturing, retail or wholesale selling, office, other business or service use or human habitation.
2. No outdoor storage shall be permitted other than for storage of recreational vehicles.
3. Bulk storage of flammable or explosive matter or material as defined by the Uniform Fire Code is prohibited.
4. Storage of any matter or materials that creates obnoxious dust, odor or fumes is prohibited.
B. Use of shipping containers prohibited. The use of prefabricated shipping containers shall not be permitted.
C. Site development standards.
Development Standards Requirement
Lot Area (Net) - Minimum 1 acre
Frontage Required on an Arterial or Collector Street - Minimum 100 ft.
Building Height - Maximum 20 ft. 4
Building setback from any street or any property zoned for residential use - Minimum 20 ft. 1, 2, 3
Notes:
1. Except when setbacks along major streets may require a greater setback.
2. Use of Open Area. Notwithstanding any other provision of this Ssection, open areas, including required setbacks from interior property lines, may be used for driveways, parking, screened outdoor storage, or landscaping.
3. See Section 19.190.020(I) - Commercial Storage Buildings as Perimeter Walls.
4. Buildings are limited to one story, up to 20 feet in height except that a caretaker's living quarter may be on the second floor of a two-story building up to 30 feet in height.
D. Screening of outdoor storage and doors.
1. Where permitted, outdoor storage shall be screened in compliance with regulations set forth in Chapter 19.510 (Outdoor Storage). The height of perimeter walls and buildings shall be sufficient to completely screen recreational vehicle storage from public view.
2. Access doors to individual storage units shall be located within a building or shall be screened from adjacent property or public rights-of-way.
E. Building and roof design. All buildings shall be designed so as to resemble the predominant surrounding development, especially nearby residential uses. In particular design elements shall be included that break up long, monotonous building or roof lines.
F. Street facades. The design and layout of the street side of the site shall provide a varied and interesting facade. Considerations include the use of setbacks, building placement, roof design, variations in building walls, fencing, other structural elements, and landscaping.
G. Landscaping. Landscaping on the site shall be abundant and provide an appropriate transition from public to private spaces, separate and buffer the buildings from other uses especially abutting residential uses and provide visual relief from stark, linear building walls. In addition to any landscaping required for the base zone, all street setbacks must be fully landscaped.
H. Walls. All walls shall be designed to be compatible with the desired character of the area and shall be particularly sensitive to abutting residential uses. Use of rolled razor wire, barbed wire and the like, visible to public view, shall be prohibited. The entire property shall be surrounded by a wall of six-foot minimum height.
I. Commercial storage buildings as perimeter wall. Commercial storage buildings can be used as the perimeter wall requiring no setbacks if there are no openings on the sides of the building, provided all construction complies with the provisions of the Uniform Building Code and Uniform Fire Code.
J. Lighting. Exterior lighting shall be oriented and shielded to avoid spillage onto any surrounding properties. The provisions of Section 19.590.070 (Light and Glare) and the provisions of Chapter
19.556 (Lighting) relating to lighting shall also apply.
K. Noise. For the purposes of minimizing noise impacts, the hours of operation and access to the storage units shall be limited to 7:00 a.m. to 7:00 p.m. Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturday, Sunday, and Federal holidays. To further limit noise impacts, metal rollup doors shall be lubricated and maintained on a regular basis. The provisions of Chapter 19.590 (Performance Standards) relating to noise as well as the provisions of Title 7 (Noise) shall also apply.
L. Parking and loading. Adequate loading and unloading areas shall be provided outside of any required fire lanes. Parking and loading shall be provided pursuant to Chapter 19.580 (Parking and Loading).
M. Caretaker's unit permitted. One caretaker's unit is permitted per each such development. The caretaker's unit may be located on a second story of a two-story building up to 30 feet in height.
N. Screening of mechanical equipment. All roof-supported or ground-supported mechanical equipment shall comply with the regulations set forth in Chapter 19.555 (Outdoor Equipment Screening).
O. Trash receptacles and enclosures.
1. All trash storage areas shall be located so as to be convenient to the users and where associated odors and noise will not adversely impact the users.
2. The provisions of Chapter 19.554 (Trash/Recyclable Materials Collection Area Enclosures) regarding requirements for the screening of trash receptacles shall apply. (Ord. 7331 §15, 2016; Ord. 6966 §1, 2007)
19.190.030 Concurrent site plan and design review required.
No new building, structure, sign, exterior alteration or enlargement of an existing building shall be commenced in the CS Overlay Zone until Site Plan and design review approval have been granted pursuant to Chapters 19.770 (Site Plan Review Permit) and 19.710 (Design Review). (Ord. 7331 §15, 2016; Ord. 6966 §1, 2007)
Chapter 19.195 CULTURAL RESOURCES OVERLAY ZONE (CR)
19.195.010 Purpose.
19.195.020 Development and use standards of base zone not affected.
19.195.010 Purpose.
The Cultural Resources Overlay Zone (CR) is established to assist in implementation of the requirements of Title 20, Cultural Resources Code. It is intended that the CR Overlay Zone is to be applied to all properties designated as Cultural Resources, including properties within Historic Districts and Neighborhood Conservation Areas, and all individually designated Historic Landmarks and Structures of Merit. The CR Overlay Zone may not be applied to any property which is not a designated Cultural Resource pursuant to Title 20. The CR Overlay Zone is strictly an informational designation which serves to advise property owners, City staff, and the general public that a property is a designated Cultural Resource and, as such, is subject to all the requirements of Title 20. (Ord. 7331 §16, 2016; Ord. 7022 §2, 2009)
19.195.020 Development and use standards of base zone not affected.
The CR Overlay Zone does not change the use and development standards of the underlying base zone.
For information, Title 20 requires that a Certificate of Appropriateness be approved to restore, rehabilitate, alter, develop, construct, demolish, remove or change the appearance of any cultural resource.
(Ord. 7331 §16, 2016; Ord. 7022 §2, 2009)
Chapter 19.200 BUILDING STORIES OVERLAY ZONE (S)
19.200.010 Purpose.
19.200.020 Application of Building Stories Overlay Zone.
19.200.030 Building height limit.
19.200.040 Stories variances prohibited.
19.200.010 Purpose.
The Building Stories Overlay (S) Zone is established to preserve and promote the health, safety and general welfare of the community, and to promote quality design consistent with General Plan policies by allowing for modifications to the building height standards established in a base zone. A building height standard may be reduced for the purpose of achieving design or public safety goals, or for avoiding possible detrimental impacts of building height or mass on neighboring properties or public rights-ofway. Building height standards may also be increased to provide an incentive for mixed-use projects or to facilitate a more efficient and desirable use of land. The Building Height Overlay Zone may be applied to any zone, except the RA-5 and RC Zones, and may be applied in conjunction with other overlay zones. (Ord. 7331 §17, 2016; Ord. 6966 §1, 2007)
19.200.020 Application of Building Stories Overlay Zone.
Whenever the Building Stories Overlay Zone is established on any property, no building or structure shall be constructed on said property higher than the number of stories specified after the S on the Zoning Map of the City, and said number of stories shall take precedence over the height requirement permitted by the underlying zone. For example, BMP-S-3 indicates that the base zone of the property is BMP (Business and Manufacturing Park Zone) and the property is within the Building Stories Overlay Zone (S) and the maximum number of permitted stories is three.
(Ord. 7331 §17, 2016; Ord. 6966 §1, 2007)
19.200.030 Building height limit.
The maximum overall building height limit in the Building Stories Overlay Zone shall be 20 feet for the first story permitted and ten feet for each additional story permitted with overall building height measured between the average level of the highest and lowest elevations of the land covered by the structure and the highest point of the roof or parapet wall covering that structure (See Article X-Definitions). (Ord. 7331 §17, 2016; Ord. 6966 §1, 2007)
Chapter 19.205 RESERVED *
*Editor's note— <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §10, adopted April 20, 2021, repealed Ch. 19.205, §§19.205.010 and
19.205.040, which pertained to the Emergency Shelter Overlay Zone (ES) and derived from Ord. 7408 §1, adopted in 2018; Ord. 7331 §18, adopted in 2016; and Ord. 7082 §2, adopted in 2010.
Chapter 19.210 MOBILE HOME PARK OVERLAY ZONE (MH)
19.210.010 Purpose.
19.210.020 Applicability.
19.210.030 Permitted uses.
19.210.040 Development standards.
19.210.050 Additional development standards.
19.210.010 Purpose.
The Mobile Home Park (MH) Overlay Zone is established to set forth standards to be applied to the development of new mobile home parks. The standards herein are intended to ensure a suitable living environment for those persons residing within a mobile home park and to ensure compatibility of such park with the surrounding area.
(Ord. 7331 §19, 2016; Ord. 6966 §1, 2007)
19.210.020 Applicability.
A. This Mobile Home Park Overlay Zone (MH) may only be applied in combination with a base zone as set forth in Table 19.100.020 A.
B. The MH Overlay Zone may also be applied in combination with other overlay zones.
C. Unless otherwise specified, the provisions of California Code of Regulations Title 25, Division 1, Chapter 2, Mobile Home Parks Act, shall apply.
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1034308&datasource=ordbank" web="yes">Ord. 7528</ulink> §1(Exh. A), 2020; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/reordinance.aspx?ordinanceid=1111636&datasource=ordbank" web="yes">7520</ulink> §1(Exh. A), 2020; Ord. 7331 §19, 2016; Ord. 6966 §1, 2007)
19.210.030 Permitted uses.
Mobile home parks may be established within a Mobile Home Park Overlay Zone subject to the granting of a conditional use permit processed pursuant to Chapter 19.760 (Conditional Use Permit) and to the provisions of this Cchapter (Refer to the provisions of California Code of Regulations Title 25, Division 1, Chapter 2, Mobile Home Parks Act).
(Ord. 7331 §19, 2016; Ord. 6966 §1, 2007)
19.210.040 Development standards.
Table 19.210.040 (MH Overlay Zone Development Standards) sets forth the minimum development standards required for all new mobile home parks. In the event of conflict between these standards and those required for the underlying base zone, the standards set forth in Table 19.210.040 (MH Overlay Zone Development Standards) shall prevail.
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1034308&datasource=ordbank" web="yes">Ord. 7528</ulink> §1(Exh. A), 2020; Ord. 7331 §19, 2016; Ord. 6966 §1, 2007) Table 19.210.040
MH Overlay Zone Development Standards
Development Standard MH
Density of a Mobile Home
Park - Maximum 10 units/acre
Density of a Tiny Home
(chassis) Community -
Maximum
20 units/acre 1
Unit Size of a Tiny Home
(chassis) Community Up to 400 square feet
Site Area - Minimum
a. Mobile Home Park (gross
area)
b. Individual Mobile Home
Space
c. Tiny Home (chassis)
Community
a. 10 acres
b. Minimum space area shall comply with Title 25 (Housing and Community Development) of the California Code of Regulations. c. Per underlying Zone.
Frontage on a public street
for mobile home park site -
Minimum
250 ft.
Dimensions for individual
mobile home sites -
Minimum
a. Lot width
b. Lot depth
Minimum lot width and depth shall comply with Title 25 (Housing and Community Development) of the California Code of Regulations.
Building Height - Maximum
a. Mobile Home Units
within a Park
b. Mobile Home Park: -
Permanent Structures
Building height shall comply with Title 25 (Housing and Community Development) of the California Code of Regulations.
35 ft.
Lot Coverage:
Individual Mobile Home
Space - Maximum
Maximum lot coverage shall comply with Title 25 (Housing and Community Development) of the California Code of Regulations.
Setbacks for an Individual
Mobile Home Space -
Minimum
Front, sides and rear yard setbacks for each individual mobile home space shall be established and maintained in accordance with Title 25 (Housing and Community Development) of the California Code of Regulations.
Setbacks for Mobile Home
Park: - Minimum
(Applies to the perimeter
setbacks of the park)
Front 2, 3
Street side 2, 3, 4
Interior side 3, 4
Rear 3, 4
20 ft.
20 ft.
10 ft.
10 ft.
Building Separation
Between Mobile Home
Units; and
Between Mobile Home
Units and Accessory
Structures
Building separation shall conform with Title 25 (Housing and Community Development) of the California Code of Regulations.
Notes:
1. Subject to maximum land use intensity criteria pursuant to an applicable Airport Land Use Compatibility Plan.
2. Except where the average setback of existing dwellings on the same block exceeds the minimum required front and/or street side setback, the setback of the mobile home park shall conform to that average depth.
3. All required setbacks shall be suitably landscaped and maintained pursuant to Chapter 19.570 (Water Efficient Landscaping and Irrigation) of this Title the Zoning Code.
4. The park side yard setback shall not be a substitute for the required mobile home space yards. (<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1034308&datasource=ordbank" web="yes">Ord. 7528</ulink> §1(Exh. A), 2020; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/reordinance.aspx?ordinanceid=1111636&datasource=ordbank" web="yes">7520</ulink> §1(Exh. A), 2020)
19.210.050 Additional development standards.
The following additional standards shall apply to all new mobile home parks.
A. Management. Every mobile home park community shall be properly managed to ensure maintenance of common facilities and to ensure individual home sites are developed and maintained in accordance with recorded rules and regulations for the park. A Management Plan shall be included in the conditional use permit application submittal.
B. Site use and improvements. Each mobile home shall be located on an approved mobile home site, and all mobile home sites shall be designed to accommodate independent mobile homes. No mobile home site shall be used as the location for more than one mobile home or trailer. Each mobile home shall be skirted with material compatible in color and material with the mobile home.
C. Roadways. Access to the mobile home park shall be provided from a public roadway and shall include an internal circulation system that would allow access to each individual mobile home space in accordance with Title 25 (Housing and Community Development) of the California Code of Regulations.
D. Fences and walls (excluding Tiny Home (chassis) Communities). A minimum six-foot-high decorative solid masonry wall shall be constructed to enclose the park and serve as a visual screen and buffer between uses. The wall shall be located no closer than the front and street side setback along all streets and for the remainder perimeter of the park, it shall be located at the property line. All outdoor storage areas for the Park shall be enclosed by a minimum six-foot-high masonry wall. Fencing for each individual mobile home space shall comply with Title 25 (Housing and Community Development) of the California Code of Regulations.
E. Landscape buffer. When a mobile home park shares a common boundary with a residential use, a ten-foot landscape setback shall be provided along the common property line.
F. Landscaping. All required minimum setback areas around the perimeter of the park shall be permanently landscaped and maintained with ground cover, trees, and shrubs, pursuant to Chapter
19.570 (Water Efficient Landscaping and Irrigation).
G. Accessory structures (storage building, garage, carport, awning, cabana, greenhouse, etc.).
Accessory structures shall be subject to the minimum requirements for setbacks, building separation and height, location, size, construction materials and lot coverage established for Mobile Home Accessory Buildings and Structures in Title 25 (Housing and Community Development) of the California Code of Regulations.
H. Common open space. A recreation area, exclusive of any mobile home space, shall be provided and maintained on site at a rate of 275 square feet for each mobile home unit within the park.
Recreation areas may include, but not be limited to, recreation rooms, community indoor and outdoor facilities, playgrounds, and other similar amenities.
I. Utilities. Unless otherwise specifically authorized by the designated approving or appeal authority, all utilities providing service to the park shall be placed underground. Equipment appurtenant to the underground facilities (e.g., transformers, meter cabinets) may be placed above ground. All utilities shall be installed to the specifications of the Public Utilities and Fire Departments. Master metering shall be required, with sub-metering at the option of the park owner.
J. Parking. Parking shall be provided and improved in accordance with Chapter 19.580 (Parking and Loading) of this Titlethe Zoning Code. However, where two parking spaces are provided on a mobile home space, one may be located behind the other (in tandem) and need not have independent vehicular access.
K. Lighting. Lighting for signs, structures, landscaping, parking areas, loading areas and the like, shall comply with the regulations set forth in Section 19.590.070 (Light and Glare) and the provisions of Chapter 19.556 (Lighting).
L. Trash receptacles and enclosures.
1. All trash storage areas shall be located so as to be convenient to the users and where associated odors and noise will not adversely impact the users.
2. The provisions of Chapter 19.554 (Trash/Recyclable Materials Collection Area Enclosures) regarding requirements for the screening of trash receptacles shall apply. (<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1284848&datasource=ordbank" web="yes">Ord. 7660</ulink>, § 3, 2024; <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1034308&datasource=ordbank" web="yes">Ord. 7528</ulink> §1(Exh. A), 2020; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/reordinance.aspx?ordinanceid=1111636&datasource=ordbank" web="yes">7520</ulink> §1(Exh. A), 2020; Ord. 7331 §19, 2016; Ord. 6966 §1, 2007) Chapter 19.215 NEIGHBORHOOD COMMERCIAL OVERLAY ZONE (NC)
19.215.010 Purpose.
19.215.020 Application and permit requirements.
19.215.030 Uses permitted and prohibited.
19.215.040 Additional development standards.
19.215.010 Purpose.
The Neighborhood Commercial Overlay Zone (NC) is established to:
A. Provide nearby neighborhoods with commercial centers that encourage and allow residents to safely walk to a neighborhood center and promotes social interaction through the types of uses allowed.
For instance, sit down restaurants are encouraged, while drive thru fast food restaurants are prohibited.
B. Provide supplemental project review, limitations on uses, and additional development standards to address potential incompatibilities and adverse effects of commercial development that is adjacent or in proximity to residential neighborhoods.
(Ord. 7331 §20, 2016; Ord. 6966 §1, 2007)
19.215.020 Application and permit requirements.
A. Application. The Neighborhood Commercial Overlay Zone may be applied to the Commercial General (CG) or Commercial Retail (CR) Zone and in combination with other overlay zones as appropriate.
The Neighborhood Commercial Overlay Zone shall be applied pursuant to the procedures of Chapter
19.810 (Zoning Code Text/Map Amendment).
B. Permit requirements. In addition to any other permits required by this Titlethe Zoning Code, no new building, structure or sign exterior alteration or enlargement of an existing building, structure, or sign shall be commenced in the Neighborhood Commercial Overlay Zone until Design Review and Site Plan Review Permit approval have been granted pursuant to Chapters 19.710 and 19.770, respectively. (Ord. 7331 §20, 2016; Ord. 6966 §1, 2007)
19.215.030 Uses permitted and prohibited.
A. Notwithstanding the use regulations applicable to the underlying base zone, the use regulations set forth in Tables 19.150.020.A (Permitted Uses Table), 19.150.202.B (Incidental Use Table) and 19.740.020 (Temporary Use Permit) shall apply. The tables identify permitted uses, uses that are subject to the approval of a minor or regular conditional use permit, or uses requiring other permits. Uses not listed in the tables are prohibited unless the Community & Economic Development Director or his/her designee, pursuant to the provisions of Chapter 19.060 (Interpretation of Code) determines that the use is similar to and will have no greater impact than a permitted or conditional use listed in the tables.
B. Where in conflict, the provisions of the Neighborhood Commercial Overlay Zone shall supersede the provisions of the underlying base zone. Where the provisions of a Neighborhood Commercial Overlay Zone are in conflict with any applicable Specific Plan (SP), the more restrictive provisions shall apply. (Ord. 7331 §20, 2016; Ord. 6966 §1, 2007)
19.215.040 Additional development standards.
The Planning Commission, through the site plan review permit or other required discretionary permit review process, may establish development standards different from those of the underlying base zoning district on a case-by-case basis to ensure compatibility with adjacent residential neighborhoods and to minimize any potential adverse effects of the commercial development.
(Ord. 7331 §20, 2016; Ord. 6966 §1, 2007)
Chapter 19.217 RESIDENTIAL LIVESTOCK OVERLAY ZONE (RL)
19.217.010 Purpose.
19.217.020 Application.
19.217.030 Development and use standards.
19.217.010 Purpose.
The Residential Livestock Overlay Zone (RL) is established to permit greater flexibility in certain requirements pertaining to the keeping of farm animals such as horses, ponies, mules, cows, goats and sheep, pigs and swine under Future Farmers of America-supervised and 4-H-supervised projects, in those areas of the City where the keeping of such animals is already prevalent. It is also the intent of the RL Zone to provide opportunities for those whose lifestyle includes the keeping of such animals to locate in such neighborhoods in order to separate such activities from areas occupied by those who do not share such a lifestyle.
(Ord. 7331 §21, 2016; Ord. 6966 §1, 2007)
19.217.020 Application.
The Residential Livestock Overlay Zone may be combined with any single-family residential zone for both existing and new residences.
(Ord. 7331 §21, 2016; Ord. 6966 §1, 2007)
19.217.030 Development and use standards.
Permitted uses in the Residential Livestock Overlay Zone shall be any use permitted in the single-family residential zone with which said zone is combined; provided, however, that the following regulations shall prevail notwithstanding any contrary requirements in the underlying single-family residential zone:
A. Not more than a total of two horses, ponies, mules, cows, goats and sheep, and swine and pigs subject to the provisions of Ssubsection B of this Ssection, or a total of two of any combination thereof shall be kept on any lot; provided that said lot has a minimum area of 20,000 square feet; and further provided that one additional such animal may be kept for each additional 10,000 square feet over the minimum area requirement;
B. Swine or pigs shall be permitted in the Residential Livestock Overlay Zone only upon the condition that said animals are kept and maintained as a duly authorized Future Farmers of America or 4- H project;
C. Offspring of permitted animals shall not be counted in determining the permitted number of animals if such offspring do not exceed the following age limitations:
1. Cattle, 24 months;
2. Horses, 18 months;
3. Ponies, 18 months;
4. Mules, 18 months;
5. Sheep, 12 months;
6. Goats, 12 months;
7. Pigs, 60 days;
8. Swine, 60 days;
D. All animals permitted pursuant to this Ssection shall be housed, penned or pastured at least 60 feet from any residence, excluding the residence on the lot where the animals are kept; E. The premises where such animals are kept shall be maintained in a clean, neat and sanitary condition at all times in order to insure the public health, safety, comfort, convenience and general welfare.
Unless all animal manure on the premises is removed from the premises daily, said manure accumulated each day shall be placed in boxes or receptacles of a design and construction acceptable to the Riverside County Health Officer, and the boxes or containers maintained to prevent access to the contents thereof by flies and to prevent offensive odors. All watering troughs shall be maintained so as to prevent the breeding of mosquitoes. Said premises shall be maintained in accordance with all applicable ordinances, laws, rules, and regulations pertaining to the care of animal habitation, manure removal, fly-producing conditions, and mosquitoes. (Ord. 7331 §21, 2016; Ord. 6966 §1, 2007)
Chapter 19.219 RESIDENTIAL PROTECTION OVERLAY ZONE (RP)
19.219.010 Purpose.
19.219.020 Application.
19.219.030 Development standards.
19.219.040 Nonconforming structures.
19.219.010 Purpose.
The Residential Protection Overlay Zone (RP) is established to preserve the character of single-family residential neighborhoods where the physical conversion of single-family dwellings to higher occupancy rental housing units has the potential to increase densities beyond those intended for single-family zoned neighborhoods. Modifications that essentially transform single-family dwellings into multiple-family dwellings or boardinghouses, both of which are prohibited within single-family zones, has a negative cumulative effect on the public's health, safety and welfare. These conversions can lead to overcrowding, excessive on-street parking, neighborhood disturbances, and other undesirable impacts.
The specific purpose of the Residential Protection Overlay Zone is to:
A. Establish development standards for affected properties to ensure the development review process provides for consideration of the impacts of new construction, alterations, and changes in use that have the potential to increase the intensity of single-family properties beyond that anticipated by the established zoning or the City's General Plan.
B. Ensure the design of dwellings and on-site parking is appropriate for the area's character, and is appropriate for the area's capacity to accommodate increases in densities, which may be limited due to infrastructure, such as sewer, traffic control, on- and off-street parking, safety services, parkland, etc.
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1169189&datasource=ordbank" web="yes">7592</ulink> § 4(Exh. E), 2022; Ord. 7331 § 22, 2016; Ord. 7302 § 2, 2015)
19.219.020 Application.
A. The Residential Protection Overlay Zone shall require the provisions of this Cchapter to apply to any construction that results in a new habitable structure, the addition to an existing habitable structure, or modifications to the configuration (i.e., floor plan, layout, etc.) of an existing habitable structure.
B. The provisions of this Cchapter shall not apply to any new construction, additions or modifications that result in 1,000 square feet or less of total dwelling area on a lot.
C. For any lot developed with more than one dwelling unit, including Accessory and Junior Accessory Dwelling Units pursuant to Chapter 19.442 and Two-Unit Developments pursuant to 19.443, the provisions of this Chapter shall apply individually to each dwelling unit on the lot. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1169189&datasource=ordbank" web="yes">7592</ulink> § 4(Exh. E), 2022; Ord. 7331 § 22, 2016; Ord. 7302 § 2, 2015)
19.219.030 Development standards.
The following development standards shall apply to the dwelling area of single-family residential structures (exclusive of garages, unconditioned patios, porches, and other such accessory structures).
A. Bedrooms. The total area of all bedrooms shall not exceed 50 percent of the total dwelling area of the structure, as defined by Article X of this Titlethe Zoning Code. The calculation of bedroom area shall not include closets or bathrooms, and measurements shall be from the centerline of interior walls, and the exterior of exterior walls.
[GRAPHIC]
B. Common living area. The total combined common living area as defined by Article X of this Titlethe Zoning Code shall be equal to or greater than the total combined area of all bedrooms. The calculation of common living area and bedroom area shall not include closets, bathrooms or hallways, and shall be measured from the centerline of interior walls, and the exterior of exterior walls.
[GRAPHIC]
C. Parking. In addition to the minimum parking requirements of Chapter 19.580 - Parking and Loading, any new construction, or modification to an existing dwelling, which results in a dwelling with five or more bedrooms, shall comply with the following:
1. When the number of bedrooms in a dwelling equals or exceeds five, an additional open parking space shall be provided in a location that does not block access to other required parking spaces. The additional open parking space shall be in a location that complies with
19.580.070.A.2, except an existing driveway in front of a garage converted to a habitable space may remain and be counted toward the additional required open space, provided the driveway space meets the minimum parking space dimensions specified in this Cchapter.
2. This provision shall not apply to units developed pursuant to Chapter 19.443 (Two-Unit Developments).
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1169189&datasource=ordbank" web="yes">7592</ulink> § 4(Exh. E), 2022; Ord. 7331 § 22, 2016; Ord. 7302 § 2, 2015)
19.219.040 Nonconforming structures.
Notwithstanding other provisions of this Titlethe Zoning Code to the contrary, a nonconforming structure shall not be expanded or modified, unless such modifications bring the structure into compliance with the requirements of the Residential Protection Overlay Zone, or return the structure to the original singlefamily residential floor plan, subject to granting of the necessary building permits and other applicable permits.
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1169189&datasource=ordbank" web="yes">7592</ulink> § 4(Exh. E), 2022; Ord. 7331 § 22, 2016; Ord. 7302 § 2, 2015) Chapter 19.220 SPECIFIC PLAN OVERLAY ZONE (SP)
19.220.010 Purpose.
19.220.020 Permitted land uses and development standards.
19.220.010 Purpose.
The Specific Plan Overlay Zone (SP) is established to implement Sections 65450 through 65457 of the State Government Code. The Specific Plan Overlay Zone may be applied to all properties within the City lying within the bounds of an adopted specific plan, except those properties within the Downtown Specific Plan or the Northside Specific Plan. The area within the Downtown Specific Plan boundaries is within the Downtown Specific Plan Zone that establishes the zoning for that area and is not an overlay zone. The area within the Northside Specific Plan boundaries is within the Northside Specific Plan Zone that establishes the zoning for that area and is not an overlay zone. The Specific Plan Overlay Zone may be applied to any underlying base zone and may be applied in conjunction with other overlay zones. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1055984&datasource=ordbank" web="yes">7542</ulink>, § 2, 2020; Ord. 7331 §23, 2016; Ord. 6966 §1, 2007)
19.220.020 Permitted land uses and development standards.
For those properties where the Specific Plan Overlay Zone is applied, all permitted use restrictions, development standards, and other applicable standards or regulations governing development as contained within the adopted specific plan shall apply. To the extent that the specific plan does not enumerate use restrictions, development standards, or other applicable regulations, the standards associated with the underlying base zone shall apply. In the event that provisions of the adopted specific plan conflict with or do not correspond with the provisions of the underlying base zone, the provisions as contained in the adopted specific plan shall apply and supersede the underlying base zone requirements. Specific plans shall be prepared and processed to Chapter 19.820 (Specific Plan/Specific Plan Amendments). (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1207080&datasource=ordbank" web="yes">7630</ulink> § 6, 2023; Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=905806&datasource=ordbank" web="yes">7431</ulink> § 4, 2018; Ord. 7331 §23, 2016; Ord. 6966 §1, 2007) Chapter 19.230 WATER COURSE OVERLAY ZONE (WC)
19.230.010 Purpose.
19.230.020 Permitted land uses.
19.230.030 Nonconforming uses and structures.
19.230.010 Purpose.
The Water Course Overlay Zone (WC) is established to clearly identify and designate areas of the City as floodways, stream channels and areas that are subject to periodic flooding and accompanying hazards, and that should be kept free from particular structures or improvements that may endanger life or property or significantly restrict the carrying capacity of the designated floodway or stream channel. The Water Course Overlay Zone may be applied to any underlying base zone and may be applied in conjunction with other overlay zones.
(Ord. 7331 §24, 2016; Ord. 6966 §1, 2007)
19.230.020 Permitted land uses.
A. Table 19.230.020 (Permitted land uses in the Water Course Overlay Zone) identifies permitted uses and uses that are subject to the granting of a conditional use permit. These land use regulations shall supersede the regulations of the underlying base zone. Uses and structures that were permitted or conditionally permitted prior to the addition of the WC Overlay Zone shall be subject to the additional provisions of Table 19.230.020 (Permitted land uses in the Water Course Overlay Zone).
B. Uses not listed in Table 19.230.020 (Permitted land uses in the Water Course Overlay Zone) shall be prohibited unless the Community & Economic Development Director or his/her designee, pursuant to the provisions of Chapter 19.060 (Interpretation of Code) determines that the use is similar to and will have no greater impact than a permitted or conditional use listed in Table 19.230.020 (Permitted land uses in the Water Course Overlay Zone).
C. No grading is permitted except as may be authorized for a permitted or conditionally permitted use. (Ord. 7331 §24, 2016; Ord. 6966 §1, 2007)
Table 19.230.020
Permitted Land Uses in the Water Course Overlay Zone
Use Notes, Exceptions and Special Provisions
Accessory
Structures C As permitted by underlying zone and not significantly affecting the carrying capacity of the particular flood way, subject to approval of the City Engineer.
Agriculture P Restricted to field crops and vine crops. Tree crops are prohibited.
Animal Keeping P Restricted to grazing animals and subject to Section 19.270.030(G) Flood control
facilities P Approved by the Riverside County Flood Control and Water Conservation District
Mining and
excavation C
Recreation (public
or private) C Restricted to field sports, lakes and ponds. No structures permitted.
19.230.030 Nonconforming uses and structures.
Notwithstanding other provisions of this Titlethe Zoning Code to the contrary, a nonconforming use shall not be expanded but may be modified, altered or repaired to incorporate flood-proofing measures, provided such measures do not raise the level of the design flood. (Ord. 7331 §24, 2016; Ord. 6966 §1, 2007)
ARTICLE VII. SPECIFIC LAND USE PROVISIONS
Division I. - SPECIFIC PERMITTED LAND USES
Chapter 19.240 - ADULT-ORIENTED BUSINESSES
Chapter 19.245 - ARCADES AND INTERNET/CYBER CAFÉS
Chapter 19.250 - ASSEMBLIES OF PEOPLE—ENTERTAINMENT
Chapter 19.255 - ASSEMBLIES OF PEOPLE—NON-ENTERTAINMENT Chapter 19.260 - ASSISTED LIVING FACILITIES
Chapter 19.265 - BAIL BONDS ESTABLISHMENTS
Chapter 19.270 - COMMERCIAL KENNELS AND CATTERIES
Chapter 19.272 - BREWERIES, MICROBREWERIES, WINERIES, BREWPUBS, BREW-ONPREMISES AND DISTILLERIES Chapter 19.273 - BUILDING MATERIALS SUPPLY STORES (WHOLESALE WITH ANCILLARY
RETAIL SALES)
Chapter 19.275 - BUS TERMINALS
Chapter 19.280 - CHECK CASHING ESTABLISHMENTS
Chapter 19.285 - OUTDOOR STORAGE YARD
Chapter 19.290 - DAY CARE CENTERS
Chapter 19.300 - EQUIPMENT (LARGE) SALES AND RENTAL
Chapter 19.305 - FARMERS' MARKETS—CERTIFIED
Chapter 19.310 - FLORIST SHOPS
Chapter 19.315 - GROUP HOUSING—SIX OR MORE OCCUPANTS
Chapter 19.320 - HELIPORTS AND HELISTOPS
Chapter 19.325 - HISTORIC RESIDENCE USED FOR RETAIL BUSINESS, OFFICE OR BED AND
BREAKFAST INN
Chapter 19.330 - HOTEL/MOTEL, LONG-TERM STAY
Chapter 19.335 - LIVE/WORK UNITS
Chapter 19.340 - MANUFACTURED DWELLINGS
Chapter 19.342 - CANNABIS PERSONAL USE
Chapter 19.345 - MODEL HOMES
Chapter 19.350 - PAROLEE/PROBATIONER HOME
Chapter 19.355 - PAWN SHOP
Chapter 19.360 - PLANT NURSERIES—RETAIL
Chapter 19.370 - RECREATIONAL FACILITIES—COMMERCIAL (BILLIARD PARLORS AND
POOL HALLS)
Chapter 19.375 - RECYCLING CENTER—PAPER, GLASS, PLASTIC, ALUMINUM AND OTHER
NONFERROUS METALS
Chapter 19.380 - RECYCLING CENTER—SOLID WASTE TRANSFER STATIONS AND
MATERIAL RECOVERY FACILITIES (MRF)
Chapter 19.385 - RECYCLING FACILITIES
Chapter 19.390 - RETAIL SALES ANCILLARY TO A MANUFACTURING USE ON-SITE Chapter 19.395 - SCHOOLS
Chapter 19.400 - SHELTERS—EMERGENCY
Chapter 19.401 - SINGLE ROOM OCCUPANCIES (SRO's)
Chapter 19.405 - RESERVED
Chapter 19.410 - VEHICLE FUEL STATIONS
Chapter 19.415 - VEHICLE IMPOUND AND TOW YARDS
Chapter 19.420 - VEHICLE REPAIR FACILITIES
Chapter 19.425 - VEHICLE WASH FACILITIES
Chapter 19.427 - VEHICLE WHOLESALE BUSINESS
Chapter 19.430 - VETERINARY SERVICES
Chapter 19.435 - WAREHOUSING AND DISTRIBUTION FACILITIES Chapter 19.440 - ACCESSORY BUILDINGS AND STRUCTURES
Division I. SPECIFIC PERMITTED LAND USES
Chapter 19.240 ADULT-ORIENTED BUSINESSES
19.240.010 Purpose.
19.240.020 Definitions.
19.240.030 Permit requirements.
19.240.040 Minimum proximity requirements.
19.240.010 Purpose.
A. The purpose of this Cchapter is to prevent community-wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods that can be brought about by the concentration of adult-oriented businesses, as defined in Section 9.40.020 of this the Riverside Municipal Code, in close proximity to each other or proximity to other incompatible uses such as schools for minors, assemblies of people—non-entertainment and residentially zoned properties or uses.
B. The City Council finds that it has been demonstrated in various communities that the concentration of adult-oriented businesses causes an increase in the number of transients in the area and an increase in crime, in addition to the effects described above, and can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of this Cchapter to establish reasonable and uniform regulations to prevent the concentration of adult-oriented businesses or their close proximity to incompatible uses, while permitting the location of adult-oriented businesses in certain areas. (Ord. 7331 §25, 2016; Ord. 6966 §1, 2007)
19.240.020 Definitions.
A. Establishment of an adult-oriented business. As used herein, to "establish" an adult-oriented business shall mean and include any of the following:
1. The opening or commencement of any adult-oriented business as a new business;
2. The conversion of an existing business, whether or not an adult-oriented business, to any adultoriented business defined herein;
3. The addition of any of the adult-oriented businesses defined herein to any other existing adultoriented business; or
4. The relocation of any such adult-oriented business.
B. All other terms relative to adult-oriented business are contained in Section 9.40.020 of thisthe Riverside Municipal Code and are incorporated into this Cchapter by reference. (Ord. 7331 §25, 2016; Ord. 6966 §1, 2007)
19.240.030 Permit requirements.
A. Every person who proposes to maintain, operate or conduct an adult-oriented business in the City of Riverside shall file an application with the Police Chief upon a form provided by the City of Riverside and shall pay a filing fee, as established by resolution adopted by the City Council from time to time, that shall not be refundable.
B. It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the City of Riverside, the operation of an adultoriented business unless the person first obtains and continues to maintain in full force and effect a permit from the City of Riverside as herein required.
C. It shall be unlawful for any persons to engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult-oriented business unless the person first obtains and continues in full force and effect a permit from the City of Riverside as herein required.
D. Adult-oriented businesses are regulated by Chapter 9.40 of this the Riverside Municipal Code and subject to the minimum proximity requirements contained in Section 19.250.040. (Ord. 7331 §25, 2016; Ord. 6966 §1, 2007)
19.240.040 Minimum proximity requirements.
A. Adult-oriented businesses shall only be established, located, or operated in the I (Industrial) Zone and only when within the ascribed distances of the certain specified land uses or zones set forth here. These distances shall be measured from the closest point upon the outside walls of the building or building lease space containing the adult-oriented business to the nearest point upon the outside walls or property lines of the building or property of concern.
1. The business shall not be located within 600 feet of any other adult-oriented business.
2. The business shall not be located within 1,000 feet of a historic district.
3. The business shall not be located within 600 feet of any residential dwelling unit, residential zone or homeless shelter.
4. The business shall not be located within 1,000 feet of any school, religious assembly, family day care home or day care center.
5. The business shall not be located within 600 feet of any park.
6. The business shall not be located within 600 feet of a freeway corridor.
7. The business shall not be located within a ½ mile (2,640 feet) of the Santa Ana River Trail.
8. The business shall not be located within 100 feet of a railway corridor.
B. No variances shall be granted from these location requirements. (<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1034308&datasource=ordbank" web="yes">Ord. 7528</ulink> §1(Exh. A), 2020; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/reordinance.aspx?ordinanceid=1111636&datasource=ordbank" web="yes">7520</ulink> §1(Exh. A), 2020; Ord. 7331 §25, 2016; Ord. 6966 §1, 2007) Chapter 19.245 ARCADES AND INTERNET/CYBER CAFÉS
19.245.010 Purpose.
19.245.020 Applicability and permit requirements.
19.245.030 Site location, operation and development standards.
19.245.040 Modifications.
19.245.010 Purpose.
The purpose of regulating arcades, internet cafés and similar establishments is to ensure compatibility with surrounding uses and properties and to avoid any impacts associated with such uses. (Ord. 7331 §26, 2016; Ord. 6966 §1, 2007)
19.245.020 Applicability and permit requirements.
Arcades and internet/cyber cafés, 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 Cchapter.
(Ord. 7331 §26, 2016; Ord. 6966 §1, 2007)
19.245.030 Site location, operation and development standards.
The standards set forth in Article V, Base Zones and Related Use and Development Provisions, shall apply to all arcades, internet cafés and similar establishments, unless otherwise specified here.
A. Site location standards.
1. Any arcade or internet café shall only be established, located or operated where permitted pursuant to Article V, Base Zones and Related Use and Development Provisions, and only when within the ascribed distances of the certain specified land uses or zones set forth here.
These distances shall be measured from the closest point upon the outside walls of the
building or building lease space containing the arcade or internet café to the nearest property line of the property of concern.
a. The business shall not be located within 600 feet of any school, assemblies of people— non-entertainment, park or hospital.
b. The business shall not be located within 100 feet of any residential dwelling unit or residential zone.
B. Operation and development standards.
1. At all times, each arcade or internet café operator shall maintain an adult attendant on the premises. If there are more than 40 arcade and game machines or computers, two or more adult attendants shall be present.
2. The hours of operation shall be limited to between 8:00 a.m. and 2:00 a.m. daily.
3. If there are more than ten arcade and game machines or computers, an adult attendant shall be located on a raised dais, positioned so as to readily observe all machines and all areas of business. The floor plan shall be submitted for the Planning and Building Divisions' review.
4. Patrons under the age of 18 shall not be permitted without a legal guardian during the hours of 9:00 a.m. and 3:00 p.m. weekdays and after 10:00 p.m. on any day of the week. Notice of these hours shall be posted at the entrance of the business in lettering of at least two inches in size. This prohibition will exclude days that are either legal holidays or when the under 18 patron's school is off-track. Each under 18 patron will be required to show proper school identification upon entering the premises for purpose of playing. Store management will check the patron's identified school against published school schedules ensuring that the patron is attending on a non-school day prior to allowing the patron to proceed.
5. A minimum of 30 square feet of gross floor area shall be provided for each arcade or game machines or computers.
6. Any and all forms of gambling are prohibited.
7. Soundproofing shall be provided sufficient to prevent noise and vibrations from penetrating into surrounding properties or building lease spaces.
8. A security plan shall be provided to the Riverside Police Department and Planning Division for review and approval.
9. The business shall provide a security officer in the business that is bonded and licensed by the State of California during the peak hours of 6:00 p.m. and 2:00 a.m., unless otherwise waived by the Police Department.
10. A sign shall be posted in the front of the business indicating that no loitering is permitted per this the Riverside Municipal Code. In addition, a waiting area inside the business shall be provided for customers waiting to use a station. No outside waiting or seating is permitted.
11. Prior to occupancy of the business, the business owner shall sign a trespass authority letter authorizing the Riverside Police Department to enforce trespass law. A copy of this letter shall be provided to the Planning Division.
12. No intoxicated person shall be permitted to remain on premises, nor shall there be consumption of alcohol on the premises.
13. All persons in the business shall be required to sign a log and provide a valid California, government or school identification with a photograph and age of the individual to the staff.
14. No pay phones shall be permitted on any such premises.
15. Bicycle parking facilities shall be provided in an area convenient to the main entrance, and out of the path of vehicular or pedestrian travel.
(Ord. 7331 §26, 2016; Ord. 6966 §1, 2007)
19.245.040 Modifications.
Modifications to the above site location, operation or development standards may be considered in conjunction with a conditional use permit at a noticed public hearing pursuant to Chapter 19.760. (Ord. 7331 §26, 2016; Ord. 6966 §1, 2007)
Chapter 19.250 ASSEMBLIES OF PEOPLE—ENTERTAINMENT
19.250.010 Purpose.
19.250.020 Applicability and permit requirements.
19.250.025 Entertainment permit.
19.250.030 Site location, development and operational standards.
19.250.040 Modifications.
19.250.010 Purpose.
The intent and purpose of regulating assemblies of people principally for entertainment purposes (theaters, clubs, lodges, banquet halls, auditoriums, stadiums, etc.) is to ensure compatibility with surrounding uses and properties and to avoid any impacts associated with such uses. (Ord. 7331 §27, 2016; Ord. 6966 §1, 2007)
19.250.020 Applicability and permit requirements.
Assemblies of people for entertainment purposes, as defined in Article X (Definitions), excluding adult entertainment that is regulated by Chapter 19.240, are permitted as set forth in Article V, Base Zones and Related Use and Development Provisions subject to the requirements contained in this Cchapter. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1004442&datasource=ordbank" web="yes">7505</ulink> § 1(Exh. A), 2020; Ord. 7331 §27, 2016; Ord. 6966 §1, 2007)
19.250.025 Entertainment permit.
Entertainment activities associated with any primary permitted land use are subject to the provisions of Chapter 5.80 (Entertainment Permit).
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1004442&datasource=ordbank" web="yes">7505</ulink> § 1(Exh. A), 2020)
19.250.030 Site location, development and operational standards.
The standards set forth in Article V, Base Zones and Related Use and Development Provisions, shall apply to assemblies of people principally for entertainment purposes unless otherwise specified here.
Moreover, such assemblies shall comply with all applicable laws, ordinances, policies and regulations.
A. Site location standards.
1. The site shall have adequate access to a public street.
2. The site shall be adequate in size and shape to accommodate the use and all yards, walls, parking, landscaping and other required improvements.
3. The business shall not be located within 600 feet of a hospital, public or private school (kindergarten through twelfth grade), church or public park, 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 hospital, school, church or park site, except in the Downtown arts and Entertainment District, as defined in Article X, where the 600 foot distance restriction does not apply. However, in said Downtown Arts and Entertainment District, the Community & Economic Development Director or his/her designee shall consider distances from the above listed uses for the purpose of achieving compatibility of the business with neighboring uses as part of the review process.
4. The business shall not be located within 100 feet of any existing residential dwelling or property zoned for residential uses 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 be mandatory with regard to residential uses that are a part of a mixed use zone or mixed use project approved under a discretionary permit.
5. The site shall not be in such proximity to other uses designed for human habitation, including extended care facilities, motels and hotels that disturbances are likely to be caused by traffic, parking, noise or lighting.
6. Adequate provisions shall be made for vehicular and pedestrian access to the facility at peak business hours.
B. Development and operational standards.
1. The use shall not substantially increase vehicular traffic on streets in a residential zone.
2. The use shall not substantially lessen the usability or suitability of adjacent or nearby properties for planned or zoned uses.
3. The use shall not substantially increase traffic hazards to pedestrians.
4. The use shall not cause a substantial adverse affect to health, safety or the general welfare of the neighborhood from light, glare or noise.
5. Soundproofing shall be sufficient to prevent noise and vibrations from penetrating into surrounding properties or buildings as determined by an acoustical analysis prepared by a qualified design professional or acoustical engineer. An acoustical analysis may be required based on neighborhood compatibility and may require additional soundproofing as determined through the MCUP or CUP process.
6. A security plan shall be provided for the approval of the Police Department demonstrating and committing to the provision of adequate on-site security.
7. Lighting, as certified by a qualified lighting engineer, shall be provided pursuant to Chapter
19.556 throughout private parking lots and access areas serving the business.
8. The submitted site plan shall demonstrate adequate accommodations for the queuing of patrons so as not to obstruct walkways, driveways or parking areas and so as not to create noise related disturbances to adjacent properties.
9. The submitted site plan shall demonstrate the availability of adequate parking, maneuvering, ingress and egress to accommodate patrons during peak business hours. (Ord. 7331 §27, 2016; Ord. 6966 §1, 2007)
19.250.040 Modifications.
Modifications to the above site location, operation or development standards shall be considered in conjunction with the required conditional use permit or minor conditional use permit, as applicable. (Ord. 7331 §27, 2016; Ord. 6966 §1, 2007)
Chapter 19.255 ASSEMBLIES OF PEOPLE—NON-ENTERTAINMENT
19.255.010 Purpose.
19.255.020 Applicability and permit requirements.
19.255.030 Site location, operation and development standards.
19.255.040 Modifications.
19.255.010 Purpose.
The purpose of regulating assemblies of people for non-entertainment (places of worship, fraternal and service organizations conference facilities, etc.), is to ensure compatibility with surrounding uses and properties and to avoid impacts associated with such uses. (Ord. 7331 §28, 2016; Ord. 6966 §1, 2007)
19.255.020 Applicability and permit requirements.
A. Assemblies of people—Non-entertainment and assemblies of people non-entertainment—Storefront, as defined in Article X (Definitions), as a stand alone use are permitted as set forth in Article V, Base Zones and Related Use and Development Provisions subject to the requirements contained in this Cchapter.
B. Assemblies of people—Non-entertainment—Storefront shall not exceed 4,000 square feet. Any facility larger than 4,000 square feet shall not be considered a "Storefront".
C. Dwelling units are not permitted in any industrial zones, or in conjunction with assemblies of people— non-entertainment—storefront.
(Ord. 7408 §1, 2018; Ord. 7331 §28, 2016; Ord. 6966 §1, 2007)
19.255.030 Site location, operation and development standards.
The standards set forth in Article V, Base Zones and Related Use and Development Provisions, shall apply to assemblies of people—non-entertainment uses unless otherwise specified here.
A. General requirements.
1. Parking.
a. Parking shall be provided in accordance with Chapter 19.580 (Parking and Loading). In determining the adequacy of parking to serve an assemblies of people—nonentertainment use, the Staff Application Review Team Development Review Committee or Planning Commission, as applicable, shall take into account such factors as off-peak hours of operation of the use relative to other uses within the complex. The Staff Application Review Team Development Review Committee or Planning Commission, as applicable, may impose such conditions as necessary on the operating hours and characteristics of the operations to provide for adequate parking at all times. b. Parking for places of worship affiliated with a housing development project shall be provided in accordance with Government Code Section 65913.6. c. Setbacks shall be at least 20 feet from every property line and shall not be located within any front yard required in such zone; provided, however, that any interior side or rear yard may be used for off-street parking purposes.
2. Setbacks shall be at least 20 feet from every property line and shall not be located within any front yard required in such zone; provided, however, that any interior side or rear yard may be used for off-street parking purposes.
B. Additional requirements or special conditions applicable to dwelling unit(s) incidental to assemblies of people—non-entertainment.
1. Parking shall be provided in accordance with Chapter 19.565.060 (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.
2. Maximum height of any dwelling units shall be 35 feet.
3. A written management, maintenance and security plan shall be provided for review and approval by the Community & Economic Development Director or his/her designee.
C. Additional requirements for assemblies of people—Non-entertainment—Storefront.
1. Operation and development standards:
a. Facilitiesshall be limited to assemblies of people—non-entertainment uses (e.g., including worship services, prayer meetings, church socials, Sunday school and incidental office uses). No other activities are permitted including use as a residence, community social and recreational programs or activities;
b. Normal operations of the facilities shall be restricted to indoor uses; c. No substantial adverse impacts on adjoining uses will result. (<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1284848&datasource=ordbank" web="yes">Ord. 7660</ulink>, § 4, 2024; Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1248964&datasource=ordbank" web="yes">7652</ulink> § 5, 2023)
19.255.040 Modifications.
Modifications to site location, operation and development standard may be considered in conjunction with the required conditional use permit or minor conditional use permit, as applicable pursuant to Chapter's
19.730 and 19.760.
(Ord. 7408 §1, 2018; Ord. 7331 §28, 2016)
Chapter 19.260 ASSISTED LIVING FACILITIES
19.260.010 Purpose.
19.260.020 Applicability and permit requirements.
19.260.030 Special application requirements.
19.260.040 Site location, operation and development standards.
19.260.010 Purpose.
The purpose of regulating assisted living facilities, including professional care facilities, residential care facilities and similar uses is to ensure compatibility with surrounding uses and properties and to avoid any impacts associated with such uses.
(Ord. 7331 §29, 2016; Ord. 6966 §1, 2007)
19.260.020 Applicability and permit requirements.
Assisted living facilities, including professional care facilities, residential care facilities and similar uses, as defined in Article X (Definitions), but specifically excluding emergency shelters and probationer/parolee housing, are permitted as set forth in Article V, Base Zones and Related Use and Development Provisions subject to the requirements contained in this Cchapter. (Ord. 7331 §29, 2016; Ord. 6966 §1, 2007)
19.260.030 Special application requirements.
In addition to the applicable discretionary permit application requirements, the application for an assisted living project shall include the following information:
A. Client profile (the subgroup of the population the facility is intended to serve, such as elderly, minor children, developmentally disabled, etc.)
B. The maximum number of occupants and hours of facility operation C. Term of client stay
D. Support services to be provided on-site and projected staffing levels E. Rules of conduct and/or management plan
(Ord. 7331 §29, 2016; Ord. 6966 §1, 2007)
19.260.040 Site location, operation and development standards.
The standards set forth in Article V, Base Zones and Related Use and Development Provisions, shall apply to all assisted living (residential care), unless otherwise specified here.
A. Site location standards.
1. No substantial adverse impacts on adjoining properties or land uses will result.
2. Adjacent development will not constitute a hazard to occupants.
3. Establishment of the facility will not result in harm to the health, safety or general welfare of the surrounding neighborhood.
4. The facility shall be located along or near a major arterial with ready access to public transportation.
5. The facility shall be accessible to necessary support services.
6. To avoid over-concentration of facilities, there shall be a 300-foot separation requirement as measured from the nearest outside building walls between the subject assisted living facility and any other assisted living facility or group housing.
B. Operation and development standards.
1. The design of the facility and layout shall be compatible with the character of the surrounding neighborhood.
2. On-site parking shall be provided pursuant to the requirements of Chapter 19.580 and as may otherwise be required through the discretionary permit process.
3. Both indoor and outdoor common open areas should be provided on site.
4. All lighting fixtures shall be directed away from adjacent properties and public right-of-ways.
The height of light poles shall be determined through the discretionary permit process.
5. The facility, when located in any residential or office zone, shall be set back at least 20 feet from every property line and shall not be located within any front yard required in such zone.
6. The Planning Commission or the City Council, on appeal, may modify any of the above standards if a finding is made that such modifications will not be detrimental to the health and safety of the residents.
(Ord. 7331 §29, 2016; Ord. 7158 §4, 2012; Ord. 6966 §1, 2007) Chapter 19.265 BAIL BONDS ESTABLISHMENTS
19.265.010 Purpose.
19.265.020 Applicability and permit requirements.
19.265.030 Site location, operation and development standards.
19.265.040 Modifications.
19.265.010 Purpose.
The purpose of regulating bail bonds establishments is to ensure security and compatibility with surrounding uses and properties and to avoid any impacts associated with such uses. (Ord. 7331 §30, 2016; Ord. 6966 §1, 2007)
19.265.020 Applicability and permit requirements.
Bail bonds establishments, 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 Cchapter.
(Ord. 7331 §30, 2016; Ord. 6966 §1, 2007)
19.265.030 Site location, operation and development standards.
The standards set forth in Article V, Base Zones and Related Use and Development Provisions, shall apply to bail bonds establishments unless otherwise specified here.
A. Site location standards.
1. The business shall not be located within 600 feet of a public or private school (kindergarten through twelfth grade), assemblies of people—non-entertainment or public park, 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 school, assemblies of people— non-entertainment or park site.
2. The business shall not be located within 100 feet of any existing residential dwelling or property zoned for residential uses 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 zoned property.
3. The business shall be located a minimum distance of 1,000 feet from any existing parolee/probationer home, or emergency shelter, or businesses licensed by the State of California for off- or on-sale of alcoholic beverages as measured from any point upon the outside walls of the building or building lease space of the business applying for the discretionary permit to the nearest property line of the site containing the existing parolee/probationer home, emergency shelter or off- or on-sale alcoholic beverage business.
4. The business shall be in a location that is fully visible from a public street with an unobstructed view from the public street for public safety.
B. Operation and development standards.
1. The business shall have lighting to provide illumination for security and safety of parking and access areas. On-site lighting plans shall be submitted for review and approval.
2. A security plan shall be provided to the Riverside Police Department and Planning Division for review and approval.
3. The business window shall not be tinted or obscured in any way, including by temporary or painted window signs, and the interior lighting of the lease space shall remain at adequate levels to clearly see into the business from the exterior of the business.
4. A sign shall be posted in the front of the business indicating that no loitering is permitted per this the Riverside Municipal Code.
5. Prior to occupancy of the business, the business owner shall sign a trespass authority letter authorizing the Riverside Police Department to enforce trespass law. A copy of this letter shall be provided to the Planning Division.
6. No outdoor pay phones shall be permitted on any such premises. (Ord. 7331 §30, 2016; Ord. 7158 §5, 2012; Ord. 6966 §1, 2007)
19.265.040 Modifications.
Modifications to the above site location, operation and development standards may be considered in conjunction with the required minor conditional use permit. (Ord. 7331 §30, 2016)
Chapter 19.270 COMMERCIAL KENNELS AND CATTERIES *
*Editor's note— Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=952729&datasource=ordbank" web="yes">7462</ulink>, § 2(Exh. A), adopted April 9, 2019, amended Ch. 2.70 and changed the title of said chapter from "Boarding of Cats and Dogs/Kennels" to "Commercial Kennels and Catteries," as set out herein.
19.270.010 Purpose.
19.270.020 Applicability and permit requirements.
19.270.030 Site location, operation and development standards.
19.270.010 Purpose.
The purpose of regulating kennels and catteries is to ensure compatibility with surrounding uses and properties and to avoid any impacts associated with such uses. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=952729&datasource=ordbank" web="yes">7462</ulink>, § 2(Exh. A), 2019; Ord. 7331 §31, 2016; Ord. 6966 §1, 2007)
19.270.020 Applicability and permit requirements.
Kennels and catteries, 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 Cchapter.
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=952729&datasource=ordbank" web="yes">7462</ulink>, § 2(Exh. A), 2019; Ord. 7331 §31, 2016; Ord. 6966 §1, 2007)
19.270.030 Site location, operation and development standards.
The standards set forth in Article V, Base Zones and Related Use and Development Provisions, shall apply to commercial kennels and catteries unless otherwise specified here. Moreover, the commercial kennels and catteries shall comply with all applicable laws, ordinances, policies and regulations.
A. The site shall be adequate in size and shape to accommodate the type of boarding cats or dogs/kennels proposed and all yards, walls, parking, landscaping and other required improvements.
B. The use shall not substantially lessen the usability or suitability of adjacent or nearby properties for planned or zoned uses.
C. Noise produced by the proposed use shall be in compliance with Chapter 8.10 of this the Municipal Code. When the animals are proposed for indoor accommodations, soundproofing shall be provided sufficient to prevent noise and vibrations from penetrating into surrounding properties or buildings as determined by an acoustical analysis prepared by a qualified design professional or acoustical engineer.
D. All commercial kennels and catteries shall be designed and maintained in compliance with Chapter
8.18 of this the Municipal Code.
E. The property shall be maintained in such a way so as not to cause fly producing conditions as set forth in Chapter 6.16 of this the Municipal Code.
F. The number of dogs or cats permitted for boarding or kenneling shall be as determined through the discretionary permit process, based upon site size, design and compatibility with surrounding uses.
G. The area where the dogs or cats are penned shall be screened with a block wall and a secure gate. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=952729&datasource=ordbank" web="yes">7462</ulink>, § 2(Exh. A), 2019; Ord. 7331 §31, 2016; Ord. 6966 §1, 2007) Chapter 19.272 BREWERIES, MICROBREWERIES, WINERIES, BREWPUBS, BREW-ON-PREMISES
AND DISTILLERIES
19.272.010 Purpose.
19.272.020 Applicability and permit requirements.
19.272.030 Site location, operation and development standards.
19.272.040 Other applicable regulations.
19.272.050 Modifications.
19.272.010 Purpose.
The purpose of regulating breweries, microbreweries, wineries, brewpubs and brew-on-premises establishments is to ensure compatibility of such uses with surrounding uses and properties and to avoid any impacts associated with such uses.
(Ord. 7331 §32, 2016; Ord. 7185 §3, 2007)
19.272.020 Applicability and permit requirements.
Breweries, microbreweries, wineries, brewpubs, brew-on-premises and distilleries establishments, 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 Cchapter.
Brewpubs shall comply with the permit requirements established in Table 19.150.020(A) (Permitted Uses Table) in all zones where permitted; However, a brewpub that complies with all development standards established by Section 19.450.020 B.1 a—d and f—h (Alcohol Sales - Exemption from Minor Conditional Use Permit) shall be exempt from the Minor Conditional Use Permit requirement in the CR, CG, CRC, and Mixed-Use Zones.
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §11, 2021; Ord. 7331 §32, 2016; Ord. 7185 §3, 2007)
19.272.030 Site location, operation and development standards.
The standards set forth in Article V, Base Zones and Related Use and Development Provisions, shall apply to all establishments selling alcohol, unless otherwise specified here.
A. Breweries, microbreweries, wineries, and distilleries manufacturing and wholesale only (no onsite retail sales or on-site tasting).
1. All setback, landscaping, and other development standards of the underlying zone shall be met.
2. The establishment shall comply with all applicable provisions of Chapter 19.510 (Outdoor Storage) where permitted by the underlying zone.
3. The establishment shall comply with all applicable provisions of Chapter 19.580 (Parking and Loading). For the purposes of calculating required on-site parking, the brewing areas shall be considered manufacturing, the tasting rooms shall be considered restaurant, and the cold and warm storage shall be considered warehousing.
B. Breweries, microbreweries, wineries, and distilleries with off-sale retail and/or on-site tasting.
1. All standards listed under 19.272.030 A shall apply.
2. The establishments shall comply with all location, operation and development standards established by Chapter 19.450 (Alcohol Sales).
3. In any Industrial Zone, retail sales shall not exceed 15% of the gross floor area of the lease space.
4. A maximum of one pint (16 oz.) of beer, six ounces of wine, and one ounce of distilled spirits may be sold or dispensed, for a fee or no fee, to each customer for on-site tasting per day.
This may be divided into a single serving or small tastings.
5. Retail sales of alcoholic beverages shall be limited to alcoholic beverages manufactured onsite.
6. The business shall have lighting in accordance with Chapter 19.556 (Outdoor Lighting). Onsite lighting plans shall be submitted for review and approval.
7. The retail and tasting hours of operation shall be evaluated on a case-by-case basis.
8. No person under 21 shall be permitted within the tasting area(s).
9. The premises on which the business is located shall be posted to indicate that it is unlawful for any person to drink or consume any alcoholic beverage in any public place or posted premises in accordance with Section 9.05.020 of this the Municipal Code.
10. The management at each location of off-sale of alcoholic beverages pursuant to this Ssection shall be responsible for educating the public regarding drunk driving laws and the related penalties for breaking those laws. (This includes minimum age law, open container law and driving while intoxicated law.) This can be accomplished by posting prominent signs, decals or brochures at the point of purchase and providing adequate training for employees.
11. Entertainment activities shall be subject to the requirements of Chapter 5.80 (Entertainment Permit).
12. Additional conditions may be applied based on feedback from the Riverside Police Department during the entitlement process.
C. Additional standards for brew-on-premises.
1. All standards listed under Ssection 19.272.030 A and B shall apply.
2. Minors shall be permitted provided that there is not tasting/sampling of alcoholic beverages. (<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §12, 2021; Ord. 7331 §32, 2016; Ord. 7185 §3, 2007)
19.272.040 Other applicable regulations.
Where the Department of Alcoholic Beverage Control (ABC) determines that an area has an overconcentration of alcoholic beverage licenses and/or a higher than average crime rate, ABC may deny an application for alcohol sales unless the Community & Economic Development Department Director, his/her designee or City Planning Commission makes a determination that public convenience or necessity will be served by the proposed project.
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §13, 2021; Ord. 7331 §32, 2016; Ord. 7185 §3, 2007)
19.272.050 Modifications.
Modifications to the above Site location, operation and development standards 19.272.030 A (1 and 3) and B (2, 3, 4, and 5) may be considered in conjunction with the required Minor Conditional Use Permit or Conditional Use Permit, as applicable. Modifications to all other site location, operation and development standards are not permitted.
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §14, 2021; Ord. 7331 §32, 2016; Ord. 7185 §3, 2007) Chapter 19.273 BUILDING MATERIALS SUPPLY STORES (WHOLESALE WITH ANCILLARY RETAIL SALES)
19.270.010 Purpose.
19.273.020 Applicability and permit requirements.
19.273.030 Site location, development and operational standards.
19.273.040 Modifications.
19.270.010 Purpose.
The intent and purpose of regulating building materials supply stores (wholesale with ancillary retail sales) is to ensure compatibility with surrounding uses and properties and to avoid any impacts associated with such uses.
(Ord. 7331 §33, 2016; Ord. 7071 §2, 2010)
19.273.020 Applicability and permit requirements.
Building materials supply stores (wholesale with ancillary retail sales), as defined in Article X (Definitions) are permitted subject to the granting of a Minor Conditional Use Permit in the BMP - Business and Manufacturing Park Zone subject to the requirements contained in this Cchapter. (Ord. 7331 §33, 2016; Ord. 7071 §2, 2010)
Editor's note— Home improvement sales and service stores - retail, as defined in Article X (Definitions), are permitted as set forth in Article V, Base Zones.
19.273.030 Site location, development and operational standards.
The standards set forth in Article V, Base Zones and Related Use and Development Provisions, shall apply to building materials supply stores (wholesale with ancillary retail sales) where conditionally permitted. Moreover, building materials supply stores (wholesale with ancillary retail sales) shall comply with all applicable laws, ordinances, policies and regulations and the following site location, development and operational standards where permitted within the BMP - Business and Manufacturing Park Zone:
A. Site location standards.
1. The site shall be served by streets and highways capable of carrying the quantity and type of traffic generated by such use, with frontage on a Major (120-foot wide, six-lane) Arterial Roadway as shown on the City of Riverside General Plan Master Plan of Roadways and direct vehicular access from an Arterial Roadway as shown on the City of Riverside General Plan Master Plan of Roadways.
2. The site shall be located as to not cause a substantial increase in vehicular traffic on streets adjacent to properties in a residential zone.
3. The site shall be less than five acres in area and shall be adequate in size and shape to accommodate the use and all yards, walls, parking, landscaping and other required improvements.
4. The site shall be a minimum of 300 feet from any residentially zoned or developed properties.
B. Development and operational standards.
1. The total building area shall not exceed 40,000 square feet, and the retail area shall not exceed 50 percent of total floor area of the primary building or 20,000 square feet, whichever is less.
2. Any outdoor storage yard associated with the facility shall be completely screened from view, as regulated pursuant to Chapter 19.510 of this Title the Zoning Code (Outdoor Display and Sales). Any outdoor storage of material shall be completely screened from view through the use of architecturally integrated screen walls of six feet or greater and all materials shall be stored below the level of the walls.
3. Any exterior auxiliary equipment and required screen walls associated with the facility shall be subject to Chapter 19.710 of this the Municipal Code (Design Review).
4. The site shall be fully landscaped on the interior and additional perimeter landscape screening may be required by the Community & Economic Development Director or his/her designee through the Design Review process to adequately screen the operation. Any additional landscaping required to screen operations will be subject to Chapter 19.710 of thisthe Municipal Code (Design Review) and Chapter 19.570 of thisthe Municipal Code (Water Efficient Landscaping and Irrigation);
5. A site maintenance and operations plan for ongoing and continuous property cleaning, noise control, and odor, dust and litter control, shall be submitted for review and approval of the Planning Division prior to the commencement of operations.
6. Any outdoor display of incidental plant materials shall be in conformance with Chapter 19.500 of this Titlethe Zoning Code (Outdoor Display of Incidental Plant Materials). Any other outdoor display and sales activities shall be prohibited, unless otherwise approved pursuant to Chapter 19.740 of this Title the Zoning Code (Temporary Use Permit).
7. Lumber cutting and other similar equipment shall be located within a completely enclosed building or underneath a covered structure within a completely screen outdoor storage yard area.
8. Deliveries shall be limited to off-peak hours of traffic, and not to exceed a maximum of ten delivery trucks per day.
9. The use shall not substantially lessen the usability or suitability of adjacent or nearby properties for planned or zoned uses.
10. The use shall not substantially increase traffic hazards to pedestrians.
11. The use shall not cause a substantial adverse affect to health, safety or the general welfare of the neighborhood from light, glare or noise.
12. The submitted site plan shall demonstrate the availability of adequate parking, maneuvering, ingress and egress to accommodate patrons during peak business hours.
13. All standards of Chapter 19.130 of thisthe Municipal Code (BMP Zone) shall apply, unless superseded by the above standards.
(Ord. 7331 §33, 2016; Ord. 7071 §2, 2010)
19.273.040 Modifications.
Modifications to the above site location, operation and development standards 19.273.030.A (1, 3 and 4) and B (1 and 8) may be considered in conjunction with the required Minor Conditional Use Permit. (Ord. 7331 §33, 2016; Ord. 7071 §2, 2010)
Chapter 19.275 BUS TERMINALS
19.275.010 Purpose.
19.275.020 Applicability and permit requirements.
19.275.030 Site location, operation and development standards.
19.275.040 Security regulations.
19.275.050 Additional findings to approve a Discretionary Permit.
19.275.060 Modifications.
19.275.010 Purpose.
The purpose of regulating bus terminals is to safeguard the health, safety and general welfare of those who use the bus terminals, and to ensure compatibility with surrounding uses and properties and to avoid any impacts associated with such uses.
(Ord. 7331 §34, 2016; Ord. 6966 §1, 2007)
19.275.020 Applicability and permit requirements.
Bus terminals, 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 Cchapter. (Ord. 7331 §34, 2016; Ord. 6966 §1, 2007)
19.275.030 Site location, operation and development standards.
The standards set forth in Article V, Base Zones and Related Use and Development Provisions, shall apply to bus terminals unless otherwise specified here.
A. Site location standards. Any bus terminal shall only be established, located, or operated where permitted pursuant to article v, base zones and related use and development provisions, and only when within the ascribed distances of the certain specified land uses or zones set forth here. These distances shall be measured from the closest property line of the bus terminal to the nearest property line of the use of concern.
1. The bus terminal business shall not be located within 600 feet of any hospital, school (kindergarten through grade 12), assemblies of people—non-entertainment, or park.
2. The bus terminal shall not be located within 100 feet of any residential dwelling unit or any residential zone.
3. The bus terminal site shall not be within 100 feet of any assisted living facility, motel, hotel, and similar sensitive use where disturbances are likely to be caused by traffic, parking, noise, and/or lighting.
B. Operation and development standards.
1. All operations, except passenger/cargo loading and unloading, shall be conducted inside the bus terminal building. However, automated ticketing facilities and passenger waiting areas may be permitted outdoors.
2. No vehicles shall be parked on the premises other than those of persons attending to business on the site, vehicles in service for customers, vehicles of employees, and other service vehicles used in the operation of the bus terminal.
3. Maintenance or fueling operations are prohibited at a bus terminal site.
4. Direct access to bus terminals shall be from at least one and preferably two four-lane arterial streets. Bus terminal sites shall not have direct access from local or residential streets.
5. Setbacks for terminal buildings shall conform to the requirements of the underlying zone.
Setbacks along arterial streets may be required to be increased through the discretionary permit process.
6. Parking, temporary bus waiting areas and passenger waiting and loading areas shall be set back at least 20 feet from all property lines.
7. The bus terminal site shall have a designated passenger waiting area that may either be indoors or outdoors. The designated outdoor waiting area shall include areas covered by shade structures or other method of cover.
8. A minimum six-foot-high masonry wall shall be erected and maintained along all common interior side and rear property lines; provided, however, that such wall shall be only three feet high from the setback line of the adjoining property to the front property line.
9. At a minimum, parking areas shall be provided in accordance with Chapter 19.580; however, additional parking may be required as a condition of discretionary permit approval based on a case-by-case basis related to property specific considerations. (Ord. 7331 §34, 2016; Ord. 6966 §1, 2007)
19.275.040 Security regulations.
A security plan shall be submitted for review and approval as a part of the discretionary permit application demonstrating and committing to the provision of adequate on-site security, including but not limited to security cameras, lighting, and security personnel. (Ord. 7331 §34, 2016; Ord. 6966 §1, 2007)
19.275.050 Additional findings to approve a Discretionary Permit.
In addition to any findings required to be made in the granting of the applicable discretionary permit, the following findings are required to be made by the Approving or Appeal Authority in order to approve a discretionary permit for a bus terminal:
A. That the bus terminal will not substantially increase vehicular traffic on streets in a residential zone.
B. That the bus terminal will not substantially lessen the usability of adjacent or nearby commerciallyzoned property for commercial use by interfering with pedestrian traffic.
C. That the bus terminal will not create increased traffic hazards to pedestrians.
D. That the bus terminal site is adequate in size and shape to accommodate said use, and to accommodate all carrier lines, walls, parking, landscaping and other required improvements. (Ord. 7331 §34, 2016; Ord. 6966 §1, 2007)
19.275.060 Modifications.
Modifications to the above site location, operation and development standards 19.275.030.A and B (5, 6 and 9) may be considered in conjunction with the required Conditional Use Permit. No modifications to all other site location, operation and development standards will be permitted. (Ord. 7331 §34, 2016)
Chapter 19.280 CHECK CASHING ESTABLISHMENTS
19.280.010 Purpose.
19.280.020 Applicability and permit requirements.
19.280.030 Site location, operation and development standards.
19.280.040 Modifications.
19.280.010 Purpose.
The purpose of regulating check cashing establishments is to ensure security and compatibility with surrounding uses and properties and to avoid any impacts associated with such uses. (Ord. 7331 §35, 2016; Ord. 6966 §1, 2007)
19.280.020 Applicability and permit requirements.
Check cashing establishments, 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 Cchapter.
(Ord. 7331 §35, 2016; Ord. 6966 §1, 2007)
19.280.030 Site location, operation and development standards.
The standards set forth in Article V, Base Zones and Related Use and Development Provisions, shall apply to check cashing establishments unless otherwise specified here.
A. Site location standards.
1. The business shall not be located within 600 feet of a public or private school (kindergarten through twelfth grade), assemblies of people—non-entertainment or public park, 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 school, assemblies of people— non-entertainment or park site.
2. The business shall not be located within 100 feet of any existing residential dwelling or property zoned for residential uses 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 zoned property.
3. The business shall be located a minimum distance of 1,000 feet from any existing parolee/probationer home, emergency shelter, or businesses licensed by the State of
California for off- or on-sale of alcoholic beverages as measured from any point upon the outside walls of the building or building lease space of the business applying for the discretionary permit to the nearest property line of the site containing the existing off-sale or on-sale alcoholic beverage business.
4. The business shall be in a location that is fully visible from a public street with an unobstructed view from the public street for public safety.
B. Operation and development standards.
1. The business shall have lighting to provide illumination for security and safety of parking and access areas and in compliance with Chapter 19.556 of this Titlethe Zoning Code. On-site lighting plans shall be submitted for review and approval.
2. A security plan shall be provided to the Riverside Police Department and Planning Division for review and approval.
3. The business window shall not be tinted or obscured in any way, including by temporary or painted window signs, and the interior lighting of the lease space shall remain at adequate levels to clearly see into the business from the exterior of the business.
4. A sign shall be posted in the front of the business indicating that no loitering is permitted per thisthe Municipal Code.
5. Prior to occupancy of the business, the business owner shall sign a trespass authority letter authorizing the Riverside Police Department to enforce trespass law. A copy of this letter shall be provided to the Planning Division.
6. No outdoor pay phones shall be permitted on any such premises.
7. The hours of operation shall be limited to between 8:00 a.m. and 9:00 p.m. daily. (Ord. 7331 §35, 2016; Ord. 7158 §6, 2012; Ord. 6966 §1, 2007)
19.280.040 Modifications.
Modifications to the above site location standards may be considered in conjunction with the required Minor Conditional Use Permit.
(Ord. 7331 §35, 2016)
Chapter 19.285 OUTDOOR STORAGE YARD
19.285.010 Purpose.
19.285.020 Applicability and permit requirements.
19.285.030 Site location, operation and development standards.
19.285.040 Screening of outdoor storage.
19.285.050 Modifications.
19.285.010 Purpose.
The purpose of regulating outdoor storage yards is to ensure compatibility of such uses with surrounding uses and properties and to avoid any impacts associated with such uses.
(Ord. 7331 §36, 2016; Ord. 6966 §1, 2007)
19.285.020 Applicability and permit requirements.
Contractor storage yards, 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 Cchapter.
(Ord. 7331 §36, 2016; Ord. 6966 §1, 2007)
19.285.030 Site location, operation and development standards.
A. Vehicles, equipment and other items customarily stored in outdoor areas.
1. The storage area and drive aisles shall be paved with not less than two and one-half inches of asphaltic concrete or an equivalent surfacing meeting the established standards and specifications of the Public Works Department, except for any required landscape setback areas as stipulated in item 5 below.
2. All such areas shall be graded and drained so as to dispose of all surface water in a manner consistent with water quality control standards enforced by the Public Works Department.
3. All such areas shall be maintained in good repair, in a clean, neat and orderly condition.
4. All such areas shall be provided with internal circulation, safe entrances and exits meeting the established standards and specifications of the Planning Division and Public Works Department.
5. All such areas shall have a landscaped area not less than ten feet in depth, the depth of the required yard area or the depth as required for specific uses, whichever is the greatest, maintained along the street side of the lot.
(Ord. 7331 §36, 2016; Ord. 6966 §1, 2007)
19.285.040 Screening of outdoor storage.
Screening of outdoor storage shall comply with the following:
A. Storage shall be visually screened from all adjacent building sites and public streets and alleys by a solid masonry wall of a height sufficient to screen all materials stored outdoors or by a building. Such walls shall be limited in height to three feet within the required front or street side yard area, or, where no front or street side yard area is required, such wall shall be limited in height to three feet within ten feet of the street property line. Alternative screening methods including, but not limited to, fences, landscaping, earthen berms or some combination thereof may be approved by the Community & Economic Development Director or his/her designee provided that the required visual screening is achieved.
B. The screening herein required shall be established at or before the time any area is used for outdoor storage.
C. Where topographical conditions or existing structures are such that strict compliance with the requirements of this Ssection would not be necessary to accomplish the purposes of this Ssection, the Approving Authority may waive compliance with all or part of such requirements.
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1055983&datasource=ordbank" web="yes">7541</ulink>, § 7, 2020; Ord. 7331 §36, 2016)
19.285.050 Modifications.
Modifications to the above site location, operation and development standards and screening requirements may be considered in conjunction with a Minor Conditional Use Permit or Conditional Use Permit, as applicable.
(Ord. 7331 §36, 2016)
Chapter 19.290 DAY CARE CENTERS
19.290.010 Purpose.
19.290.020 Applicability and permit requirements.
19.290.030 Site location, operation and development standards.
19.290.040 Modifications.
19.290.010 Purpose.
The purpose of establishing day care center regulations is to ensure compatibility of such uses with surrounding uses and properties and to avoid any impacts associated with such uses. (Ord. 7331 §37, 2016; Ord. 6966 §1, 2007)
19.290.020 Applicability and permit requirements.
Day care centers, 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 Cchapter. (Ord. 7331 §37, 2016; Ord. 6966 §1, 2007)
19.290.030 Site location, operation and development standards.
The standards set forth in Article V, Base Zones and Related Use and Development Provisions, shall apply to day care centers unless otherwise specified here.
A. Site location standards.
1. All such facilities shall have direct access to a public street with adequate access to a collector or arterial street system.
2. All such facilities shall be located at least 600 feet away from an existing day care center, as measured from the nearest building wall containing the day care center use to the property line of the property containing the same use.
B. Operation and development standards.
1. The applicant has or will obtain all licenses and permits required by State law for operation of the facility. The applicant shall keep all State licenses or permits valid and current.
2. As applicable, indoor and outdoor play areas that satisfy the requirements of the State daycare licensing agency shall be provided. Any outdoor play area shall be adjacent to the center and accessible through the center itself. The outdoor play area shall be enclosed by a natural barrier, wall or fence a minimum of five feet in height. If located adjacent to residentially zoned property, the separating barrier, wall, or fence shall be of solid construction. Said outdoor play area shall not be allowed in any required front, side or rear yard setbacks and shall be located and designed so as to reduce noise impacts on adjacent properties.
3. Parking shall not be located in any required front yard setback. An adequate on-site loading/unloading area shall be provided that can be easily accessed from the child day care center without crossing any driveways or streets. This area may be counted toward the required parking. Clearly designated pedestrian walkways shall be provided.
4. All such facilities shall have screened and buffered outdoor play and activity areas from adjacent uses and shall comply with the City's noise regulations, as set forth in Chapter
19.590 (Performance Standards) and Title 7 of thisthe Municipal Code to minimize noise impacts.
5. The pick-up and drop-off of children from vehicles shall only be permitted on the site's driveway or parking area. A facility with access from an arterial street, as designated by the General Plan, must provide a paved drop-off/pick-up area designed with on-site parking and maneuvering to allow vehicles to pick-up/drop-off children and exit the site without backing out onto the arterial street.
6. Any additional conditions regarding safety and access deemed necessary or desirable by the Staff Application Review Team Development Review Committee. (Ord. 7331 §37, 2016; Ord. 6966 §1, 2007)
19.290.040 Modifications.
Modifications to the above site location, operation and development standards may be considered in conjunction with the required Conditional Use Permit.
(Ord. 7331 §37, 2016)
Chapter 19.300 EQUIPMENT (LARGE) SALES AND RENTAL
19.300.010 Purpose.
19.300.020 Applicability and permit requirements.
19.300.030 Site location, operation and development standards.
19.300.040 Modifications.
19.300.010 Purpose.
The purpose of regulating outdoor sales and rental of large, construction-related equipment such as earthmoving equipment, including but not limited to backhoes, tractors, graders, cranes and other similar equipment and incidental rental, repair and retail sales of parts and accessories is to ensure compatibility of such uses with surrounding uses and properties and to avoid any impacts associated with such uses. (Ord. 7331 §38, 2016; Ord. 6966 §1, 2007)
19.300.020 Applicability and permit requirements.
Equipment (large) sales and rental, and the incidental repair of such equipment sold or rented, 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 Cchapter. (Ord. 7331 §38, 2016; Ord. 6966 §1, 2007)
19.300.030 Site location, operation and development standards.
The standards set forth in Article V, Base Zones and Related Use and Development Provisions, shall apply to equipment (large) sales and rental and repair unless otherwise specified here.
A. Site location standards.
1. The site shall be served by streets of adequate width and pavement type to accommodate the volume and type of traffic generated by the proposed use.
2. No part of the use shall be located within 100 feet of a residential zone.
3. The use shall have a compatible physical relationship with the surrounding neighborhood.
B. Operation and development standards.
1. The site shall be developed with permanent, related buildings. No trailers or temporary modular units are permitted.
2. All incidental repair work shall be done within a completely enclosed building.
3. Any portion of the site, including vehicle and equipment storage, not within a completely enclosed building shall be enclosed by a solid masonry wall not less than six feet in height.
4. The expandable features of any equipment on-site shall be in the lowest possible position.
5. On- and off-site improvements shall be in conformance with the development standards of this Ttitle.
6. A minimum site area of one acre shall be required.
(Ord. 7331 §38, 2016; Ord. 6966 §1, 2007)
19.300.040 Modifications.
Modifications to the above site location, operation and development standards may be considered in conjunction with the required Minor Conditional Use Permit or Conditional Use Permit, as applicable. (Ord. 7331 §38, 2016)
Chapter 19.305 FARMERS' MARKETS—CERTIFIED
19.305.010 Purpose.
19.305.020 Applicability and permit requirements.
19.305.030 Small certified farmers' markets—site location, operation and development standards
19.305.040 Site location, operation and development standards applicable to all farmers' markets— Certified.
19.305.040 Modifications.
19.305.010 Purpose.
The purpose of regulating farmers' markets is to ensure compatibility of such uses with surrounding uses and properties and to avoid any impacts associated with such uses. (Ord. 7331 §39, 2016; Ord. 6966 §1, 2007)
19.305.020 Applicability and permit requirements.
Small certified farmers' markets, 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 Cchapter.
(Ord. 7331 §39, 2016; Ord. 6966 §1, 2007)
19.305.030 Small certified farmers' markets—site location, operation and development standards No event permit or discretionary permit shall be required for a small certified farmers' market that meets all of the following criteria:
A. The certified farmers' market comprises 15 or fewer certified producers or producers of agricultural products allowed to be sold or offered for sale at a certified farmers' market pursuant to state and local laws and regulations, as the same may be amended from time to time.
B. The certified farmers' market does not occupy an area greater than 10,000 square feet.
C. The certified farmers' market does not include more than one vendor of non-agricultural products for every five certified producers or producers of agricultural products at the Small Certified Farmers' Market.
D. The certified farmers' market does not operate for more than two days per week for a maximum of six hours per day between the hours of 8:00 a.m. and 9:00 p.m.
E. The certified farmers' market meets all of the requirements of Section 19.305.040 below unless superseded by the requirements in this Ssection above.
(Ord. 7331 §39, 2016)
19.305.040 Site location, operation and development standards applicable to all farmers' markets— Certified.
The standards set forth in Article V, Base Zones and Related Use and Development Provisions, shall apply to all certified farmers' markets, unless otherwise specified here.
A. The sales area shall be located in an area that will not disrupt parking or the flow of traffic onto and off of the site.
B. Parking facilities will be evaluated to ensure that adequate parking is available during the approved operating hours.
C. The market may not operate on vacant or unimproved land.
D. The market must include access to trash and recycling bins.
E. All activities and the duration of those activities shall first have been approved and authorized by the owner of the real property on which those activities are planned to occur.
F. All operations shall fully comply with all federal, state and local laws, regulations and guidelines, including without limitation those applicable to the certified farmers' market operations, including the limitation the California Health and Safety Code, the California Food and Agricultural Code, and all regulations and guidelines promulgated by the State of California and the County of Riverside thereunder, as the same may be amended from time to time.
G. The market shall be limited in the days and hours of operation as specified in the discretionary permit to minimize interference with the surrounding properties.
H. The market shall completely remove all equipment, merchandise, waste and other materials from the site upon the conclusion of their operations on each day of operation. (Ord. 7331 §39, 2016; Ord. 6966 §1, 2007))
19.305.040 Modifications.
Modifications to the above site location, operation and development standards may be considered in conjunction with the required Minor Conditional Use Permit. (Ord. 7331 §39, 2016)
Chapter 19.310 FLORIST SHOPS
19.310.010 Purpose.
19.310.020 Applicability and permit requirements.
19.310.030 Site location, operation and development standards.
19.310.040 Modifications.
19.310.010 Purpose.
The purpose of regulating florist shops is to ensure compatibility of such uses with surrounding uses and properties and to avoid any impacts associated with such uses. (Ord. 7331 §40, 2016; Ord. 6966 §1, 2007)
19.310.020 Applicability and permit requirements.
Florist shops, 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 Cchapter. (Ord. 7331 §40, 2016; Ord. 6966 §1, 2007)
19.310.030 Site location, operation and development standards.
The standards set forth in Article V, Base Zones and Related Use and Development Provisions, shall apply to florist shops, unless otherwise specified here.
A. Site location, operation and development standards.
1. The hours of operation shall be determined by the Community & Economic Development Director, their designee or the Staff Application Review Team Development Review Committee, as applicable, in consideration of the prevailing hours of businesses in the area and the type of surrounding uses.
2. The primary purpose of the business shall be the sale of floral products (i.e., flowers and ornamental plants). No more than 20 percent of the gross floor area of the business may be devoted to sale of gifts and greeting cards.
3. No substantial adverse impacts on adjoining uses shall result due to the design of the shop. (Ord. 7331 §40, 2016; Ord. 6966 §1, 2007)
19.310.040 Modifications.
Modifications to the above site location, operation and development standards or for the incidental sales of alcoholic beverages will require consideration of a Minor Conditional Use Permit. (Ord. 7331 §40, 2016)
Chapter 19.315 GROUP HOUSING—SEVEN OR MORE OCCUPANTS
19.315.010 Purpose.
19.315.020 Applicability and permit requirements.
19.315.030 Additional application filing requirements.
19.315.040 Site location, operation and development standards.
19.315.050 Modifications.
19.315.010 Purpose.
The intent and purpose of regulating group housing is to ensure compatibility of such uses with surrounding uses and properties and to avoid any impacts associated with such uses. (Ord. 7331 §41, 2016; Ord. 6966 §1, 2007)
19.315.020 Applicability and permit requirements.
Group housing, as defined in Article X (Definitions), is permitted as set forth in Article V, Base Zones and Related Use and Development Provisions subject to the requirements contained in this Cchapter. (Ord. 7331 §41, 2016; Ord. 6966 §1, 2007)
19.315.030 Additional application filing requirements.
The application for group housing shall include the following additional information:
A. Client profile (the subgroup of the population of the facility is intended to serve such as single men, families, elderly, minor children, developmentally disabled, etc.); B. Maximum number of occupants and hours of facility operation; C. Term of client stay;
D. Support services to be provided on-site and projected staffing levels; and E. Rules of conduct and/or management plan.
(Ord. 7331 §41, 2016; Ord. 6966 §1, 2007)
19.315.040 Site location, operation and development standards.
The standards set forth in Article V, Base Zones and Related Use and Development Provisions, shall apply to group housing unless otherwise specified here.
A. Site location standards.
1. To avoid over-concentration of facilities, there shall be a 300-foot separation requirement as measured from the nearest outside building walls between the subject group housing and any property line containing other group housing or assisted living facility, or emergency shelter except that the separation requirement shall be increased to 1,000 feet as measured from the nearest property line where the other use is a parolee/probationer home.
B. Operation and development standards.
1. The use shall not have any substantial adverse impacts on adjoining properties or land uses.
2. Group housing shall not be located such that adjacent development would constitute a hazard to the occupants of the group housing.
3. Establishment of the facility shall not result in harm to health, safety or general welfare of the surrounding neighborhood.
4. The facility shall be located along or near an arterial with ready access to public transportation.
5. The facility shall be accessible to necessary support services.
6. The facility should be compatible with the character of the surrounding neighborhood.
7. Sufficient on-site parking shall be provided. The precise number of parking spaces required will be determined based on the operating characteristics of a specific proposal.
8. Both indoor and outdoor open areas should be provided on site.
9. All setback, landscaping, and other development standards of the underlying zone shall be met.
10. The facility shall provide no more than 40 beds and shall serve no more than 40 persons at any one time.
11. The facility may provide one or more of the following common facilities for the exclusive use by residents:
a. Central cooking and dining area(s)
b. Recreation room
c. Laundry facilities
(Ord. 7331 §41, 2016; Ord. 7158 §7, 2012; Ord. 6966 §1, 2007)
19.315.050 Modifications.
Modifications to the above site location, operation and development standards may be considered in conjunction with the required Conditional Use Permit.
(Ord. 7331 §41, 2016)
Chapter 19.320 HELIPORTS AND HELISTOPS
19.320.010 Purpose.
19.320.020 Applicability and permit requirements.
19.320.030 Exemptions.
19.320.040 Site location, operation and development standards.
19.320.050 Additional permits.
19.320.060 Modifications.
19.320.010 Purpose.
The purpose of regulating heliports and helistops is to ensure compatibility of such uses with surrounding uses and properties and to avoid any impacts associated with such uses. (Ord. 7331 §42, 2016; Ord. 6966 §1, 2007)
19.320.020 Applicability and permit requirements.
Heliports and/or helistops, 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 Cchapter.
(Ord. 7331 §42, 2016; Ord. 6966 §1, 2007)
19.320.030 Exemptions.
Temporary landing sites for helicopters shall be exempt from any discretionary permit requirement and instead shall be subject to the approval of the Airport Director. (Ord. 7331 §42, 2016; Ord. 6966 §1, 2007)
19.320.040 Site location, operation and development standards.
The standards set forth in Article V, Base Zones and Related Use and Development Provisions, shall apply to heliports and helistops unless otherwise specified here.
A. Site location standards.
1. Ground level sites.
a. The proposed use shall be located on a site that ensures that such use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located.
b. The site shall be so located to insure that, as much as possible, the approach-departure paths leading to and from the heliport are over terrain that affords emergency landing areas such as open parks, golf courses, industrial areas, highways, freeways and open land to provide adequate emergency landing spots in case of propulsion failure.
Approach-departure paths over residential developments, schools and playgrounds or highly populated areas shall be avoided.
c. The size and shape of the site proposed for use should be adequate to allow full development of the proposed use in accordance with FAA standards and in a manner not detrimental to the particular area nor to its peace, health, safety and general welfare. d. The site shall be served by streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by this use.
2. Elevated sites.
a. The proposed use shall be located on a site that ensures that such use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located.
b. The site shall be so located to insure that, as much as possible, the approach-departure paths leading to and from the heliport are over terrain that affords emergency landing areas such as open parks, golf courses, industrial areas, highways, freeways and open land to provide adequate emergency landing spots in case of propulsion failure.
Approach-departure paths over residential developments, schools and playgrounds or highly populated areas shall be avoided.
c. The size and shape of the site proposed for use should be adequate to allow full development of the proposed use in accordance with Federal Aviation Administration standards and in a manner not detrimental to the particular area nor to its peace, health, safety and general welfare.
d. The site shall be served by streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by this use. e. All provisions of the City Building Code pertaining to structural requirements of a building to support an elevated helistop shall be met.
3. Temporary sites.
a. Location of temporary sites shall be subject to California Division of Aeronautics criteria. b. Locations shall be at ground level only.
B. Operation and development standards.
1. All sites.
a. Hours of operation shall be limited to the periods between sunup and sundown daily unless properly lighted and specifically approved for night operation. b. Emergency fire-fighting equipment shall be provided as deemed necessary and adequate by the City Fire Marshal and the California Division of Aeronautics. c. Emergency communications shall be available between the heliport or helistop and the Fire Department communication center. These facilities may consist of a standard fire alarm or a direct line to a telephone staffed 24 hours per day. d. Fueling and maintenance facilities shall be subject to City Fire Marshal approval. e. All trash receptacle areas in the vicinity of heliports shall be enclosed by masonry walls at least six feet in height and a solid wooden gate of equal height. Trash bins and receptacles shall have lids to prevent blowing of litter and debris. f. A wind-indicating device shall be provided and maintained on site at all times in a workable condition.
g. Any helicopter take-offs or landings within three miles of the Riverside Municipal Airport shall maintain two-way radio contact with the airport's air traffic control tower. h. The requirements of these regulations shall not apply to the operation of helicopters in emergency situations when a landing and take-off is necessary to protect life or property. Such operations shall be carried out in a prudent manner with due regard for safety.
2. Ground level sites.
a. The minimum take-off and landing area length and width shall measure one and five tenths times the overall length of the largest helicopter proposed for use on the site. b. Obstruction clearance surfaces shall be as recommended by the Federal Aviation Administration standards.
c. Each take-off and landing area shall have two obstruction clearance surfaces at least 90 degrees apart, one of which shall be into the prevailing wind. d. The take-off and landing area shall be provided with adequate lighting if used for night or all-weather conditions. All lighting shall be in compliance with Chapter 19.556 of this Titlethe Zoning Code and be directed away from adjacent properties or public rightsof-way. e. The helicopter landing facilities shall be marked as recommended by the Federal Aviation Administration.
f. Surfacing of the landing facility shall be so as to minimize the blowing of any dust, dirt or other objectionable material onto neighboring property. g. Take-off and landing areas shall be no closer than 50 feet from any property line. Any administrative or operations building erected on a heliport site shall be located not closer than 15 feet from any property line. Helicopter maintenance buildings and hangars shall be located not closer than 25 feet from any property lines. Location and setbacks for buildings storing combustibles shall be approved by the City Fire Marshal. h. A ten-foot-wide landscaped setback shall be provided along the perimeter of the heliport with thick, fast-growing shrubs and ground cover to be planted along interior property lines.
i. A peripheral area surrounding the landing and take-off area with a minimum width of 15 feet for use as an obstruction-free safety zone shall be provided. j. The exterior edge of the peripheral area shall be fenced or otherwise protected to keep unauthorized persons out of these areas. Fences shall be a minimum of three feet in height.
3. Elevated sites.
a. The dimensions of the take-off and landing areas for elevated helistops shall be the same as for ground level sites.
b. The roof shall be provided with a parapet a minimum of 36 inches high; if no parapet is provided, a fence a minimum of 36 inches high shall surround the periphery of the building. Where openings pierce the roof, they shall be provided with a six-inch-high curb and fire protected as required for vertical shafts. No openings in the roof shall be permitted within 25 feet of the landing area boundaries. c. Building exits shall be located away from the take-off or landing pattern. d. No fueling or repairing of helicopters shall be permitted, except of an emergency nature when approved by the City Fire Marshal.
e. Separator or clarifying tanks for collecting spilled fuel shall be installed under approval and supervision of the Fire Department.
f. "No Smoking" signs shall be conspicuously located around the landing pad. Letters on the signs shall be not less than four inches high on a background of contrasting color. g. Mechanical, air handling and air conditioning equipment or penthouses shall be:
(1) A minimum of 25 feet from the landing pad,
(2) Located outside the landing and take-off pattern, and (3) Protected by a substantial incombustible barrier on the side toward the landing pad. h. Two or more wet standpipes, each equipped with a one and one-half inch valve and one and one-half inch rubber lined fire hose not over 100 feet in length, shall be provided to reach all parts of the roof. Each hose line shall be equipped with an approved variable fog nozzle and shall be supplied with sufficient pressure to provide a good fog pattern.
Hose cabinets shall be located near the roof exits and elsewhere as necessary to comply. i. Emergency communications shall be available between the helistop and the Fire Department communication center. These facilities shall consist of a standard fire alarm box or a direct line to a telephone manned 24 hours per day. j. Helistop landing facilities shall be marked as recommended by the FAA.
4. Temporary sites.
a. Development standards for temporary sites shall conform to California Division of Aeronautics requirements and other conditions deemed appropriate by the Airport Director or City Council.
(Ord. 7331 §42, 2016; Ord. 6966 §1, 2007)
19.320.050 Additional permits.
A. Federal Aviation Administration California Division of Aeronautics and Airport Land Use Commission approval are required.
B. No heliport or helistop for which a discretionary permit has been approved shall operate prior to the subsequent approval of the plans by the California Department of Aeronautics, and an airspace review by the Federal Aviation Administration has determined that no air traffic hazard exists.
C. Revocation of a permit to operate a heliport or a helistop by the California Department of Aeronautics shall be a cause for the revocation of any discretionary permit by the City.
D. The rules and regulations duly enacted by an appropriate agency of the State and presently in effect and all duly enacted additions or amendments thereto, and that govern the establishment or operation of heliports or helistops, are hereby referred to, adopted and made a part of this Ssection as fully in all respects as if particularly set forth herein.
(Ord. 7331 §42, 2016; Ord. 6966 §1, 2007)
19.320.060 Modifications.
Modifications to the above site location, operation and development standards may be considered in conjunction with the required Conditional Use Permit.
(Ord. 7331 §42, 2016)
Chapter 19.325 HISTORIC RESIDENCE USED FOR RETAIL BUSINESS, OFFICE OR BED AND
BREAKFAST INN
19.325.010 Purpose.
19.325.020 Applicability and permit requirements.
19.325.030 Site location, operation and development standards.
19.325.040 Modifications.
19.325.010 Purpose.
The purpose of regulating the use of historic residences for a retail business, office or bed and breakfast inn uses is to ensure compatibility of such uses with surrounding uses and properties and to avoid any impacts associated with such uses and to encourage preservation of historic buildings through adaptive reuse.
(Ord. 7331 §43, 2016; Ord. 6966 §1, 2007)
19.325.020 Applicability and permit requirements.
A. Any individually designated historic residence proposed for use as a retail business, office or bed and breakfast inn, as defined in Article X (Definitions), shall be subject to the use regulations set forth in Article V, Base Zones and Related Use and Development Provisions subject to the requirements contained in this Cchapter.
B. In addition to consideration of any required discretionary permit, a Certificate of Appropriateness shall be reviewed in accordance with the provisions of Title 20. (Ord. 7331 §43, 2016; Ord. 6966 §1, 2007)
19.325.030 Site location, operation and development standards.
The standards set forth in Article V, Base Zones and Related Use and Development Provisions, shall apply unless otherwise specified here.
A. Site location standards.
1. The site and historic structures shall have one or more of the following individual designations. a. A National Historic Landmark
b. Listed in the National Register of Historic Places
c. A State Historic Landmark
d. A City Landmark
e. A City Structure of Merit
2. Retail and office uses shall not be located in any area where such a use would adversely impact a residential neighborhood.
3. Bed and breakfast uses shall have access to any public street system sufficiently improved to allow adequate access and circulation.
B. Operation and development standards.
1. General requirements for all uses:
a. The site shall be of sufficient size and dimension to accommodate the use with its additional zoning requirements.
b. Parking shall be required pursuant to Chapter 19.580 (Parking and Loading), and the spaces shall be located within the rear yard or interior side yard areas. c. The use shall be developed and maintained to substantially preserve the significant historic characteristics of the structure and its site and to be compatible with the surrounding neighborhood.
d. All uses associated shall be conducted entirely within enclosed structures. e. Front yard areas shall be landscaped and have a residential appearance in keeping with the historic period of the structure.
f. Signs shall be in accordance with the standards for a single family dwelling in Chapter
19.100 (Residential Zones) of this Titlee Zoning Code.
2. Additional requirements for bed and breakfast inns:
a. The inn shall be managed and occupied by an owner of the property. b. Meals made within the inn shall only be served to the establishment's paying guests, employees, and owner's family.
c. The inn shall have no more than six guest rooms.
(Ord. 7331 §43, 2016; Ord. 6966 §1, 2007)
19.325.040 Modifications.
Modifications to the above site location, operation and development standards will require consideration of a Minor Conditional Use Permit or will be considered in conjunction with the required Minor Conditional Use Permit, as applicable.
(Ord. 7331 §43, 2016)
Chapter 19.330 HOTEL/MOTEL, LONG-TERM STAY
19.330.010 Purpose.
19.330.020 Applicability and permit requirements.
19.330.030 Site location, operation and development standards.
19.330.030 Modifications.
19.330.010 Purpose.
The purpose of regulating hotel/motel, long-term is to ensure compatibility of such uses with surrounding uses and properties and to avoid any impacts associated with such uses. (Ord. 7331 §44, 2016; Ord. 6966 §1, 2007)
19.330.020 Applicability and permit requirements.
Hotels/motels, long-term stay uses, 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 Cchapter.
(Ord. 7331 §44, 2016; Ord. 6966 §1, 2007)
19.330.030 Site location, operation and development standards.
The standards set forth in Article V, Base Zones and Related Use and Development Provisions, shall apply to hotels/motels, long-term stay uses unless otherwise specified here.
A. Site location standards.
1. The development shall take direct access from a major arterial street.
2. The development shall have access to public transportation.
B. Operation and development standards.
1. The development shall result in no harm to the health, safety, or general welfare of the neighborhood from light, glare or noise.
2. Each unit intended for long term stays shall contain a minimum of 220 square feet of gross floor area, with an additional 100 square feet of floor area for each occupant in excess of two.
3. Each unit intended for long term stays shall have a kitchen including a sink, a microwave, refrigerator, dry food and utensil storage, and a food preparation area having a clear working space not less than 30 inches wide.
4. The development shall have light and ventilation conforming to the adopted Building Code.
5. Each unit shall have a separate closet area.
6. Each unit shall have on-site access to an on-site laundry facility with at least one washer and one dryer for each 20 long-term stay units.
7. Each unit shall have telephone service.
8. Common open space shall be provided as follows: a minimum total of 400 square feet for the first 20 guest rooms, then 25 square feet for each room in excess of 20. Such common open space shall be located on site to be easily accessible to all guests. Such open space shall be exclusive of required building and landscaped setbacks and required parking area or parking lot landscaping. Up to one-half of the common usable open space area may be located indoors in the form of an exercise room, recreation room, or similar common facility.
9. The maximum number of units occupied by long-term stay guests cannot exceed 25 percent of the total number of units within the hotel or motel.
10. An on-site manager on duty within an office that is open on a 24-hour basis.
11. The minimum period of occupancy shall be 30 days.
12. The maximum period of occupancy shall not exceed 180 days per calendar year.
13. All applicable standards contained in Chapter 5.32 (Transient Occupancy Tax) and Chapter
9.55 (Limitation on Continuous and Cumulative Occupancy of Transient Hotels and Motels) shall apply to this use.
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1284848&datasource=ordbank" web="yes">Ord. 7660</ulink>, § 5, 2024; Ord. 7331 §44, 2016; Ord. 6966 §1, 2007)
19.330.040 Modifications.
Modifications to the above site location, operation and development standards may be considered in conjunction with the required Conditional Use Permit.
(Ord. 7331 §44, 2016)
Chapter 19.335 LIVE/WORK UNITS
19.335.010 Purpose.
19.335.020 Applicability and permit requirements.
19.335.030 Site location, operation and development standards.
19.335.040 Modifications.
19.335.010 Purpose.
The purpose of regulating live/work units is to ensure compatibility of such uses with surrounding uses and properties and to avoid any impacts associated with such uses. (Ord. 7331 §45, 2016; Ord. 6966 §1, 2007)
19.335.020 Applicability and permit requirements.
Live/Work units, as defined in Article X (Definitions), are permitted as set forth in Article V, Base Zones and Related Use and Development Provisions and the Downtown Specific Plan subject to the requirements contained in this Cchapter.
(Ord. 7331 §45, 2016; Ord. 6966 §1, 2007)
19.335.030 Site location, operation and development standards.
A. All living space within the live/work unit needs to be contiguous with, and an integral part of, the working space, with direct and internal access between the two areas.
B. Access to individual units shall be from common access areas, corridor or hallways. In locations where more than one unit is proposed within a single building, each live/work unit needs to be separated from the other units in the building.
C. At least one of the full-time workers of the live/work unit needs to reside in the unit. The residential area shall not be rented separately from the working space. The business activity occupying the live/work unit may utilize employees in addition to residents as necessary.
D. Parking shall be based on the requirements for the residential component of the live work unit, as specified in Chapter 19.580 of this Titlethe Zoning Code. (Ord. 7331 §45, 2016; Ord. 6966 §1, 2007)
19.335.040 Modifications.
Modifications to the above site location, operation and development standards require consideration of a Minor Conditional Use Permit or will be considered in conjunction with the required Minor Conditional Use Permit, as applicable.
(Ord. 7331 §45, 2016)
Chapter 19.340 MANUFACTURED DWELLINGS
19.340.010 Purpose.
19.340.020 Applicability and permit requirements.
19.340.030 Development standards.
19.340.040 Site, location, operation and development standards for the sales of manufactured dwellings.
19.340.050 Modifications.
19.340.010 Purpose.
The purpose of regulating manufactured dwellings is to ensure compatibility of such dwellings with surrounding uses and properties and to avoid any impacts associated with such dwellings. (Ord. 7331 §46, 2016; Ord. 6966 §1, 2007)
19.340.020 Applicability and permit requirements.
Manufactured dwellings, as defined in Article X (Definitions), are permitted in any zone where a singlefamily residence is permitted pursuant to Government Code 65852.3 - Local Manufactured Homes Zoning and in any Multi-Family zone as part of a tiny home (foundation) Community. The manufactured dwelling must be certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Secs. 5401 et. seq.) and placed on a foundation system. (<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1034308&datasource=ordbank" web="yes">Ord. 7528</ulink> §1(Exh. A), 2020; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/reordinance.aspx?ordinanceid=1111636&datasource=ordbank" web="yes">7520</ulink> §1(Exh. A), 2020; Ord. 7331 §46, 2016; Ord. 6966 §1, 2007)
19.340.030 Development standards.
In addition to the standards set forth in Article V, Base Zones and Related Use and Development Provisions that shall apply, building elevations shall be submitted for review and approval by the Community & Economic Development Director showing the roof overhang, roofing material and siding material.
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1034308&datasource=ordbank" web="yes">Ord. 7528</ulink> §1(Exh. A), 2020; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/reordinance.aspx?ordinanceid=1111636&datasource=ordbank" web="yes">7520</ulink> §1(Exh. A), 2020; Ord. 7331 §46, 2016; Ord. 6966 §1, 2007)
19.340.040 Site, location, operation and development standards for the sales of manufactured dwellings.
A. The site shall be located on and have access to an arterial street as identified on the City's Master Plan of Roadways in the General Plan.
B. All buildings shall be located at least 20 feet from any property line.
C. A dedicated model home sales office shall be provided on the property.
D. Parking for the office component shall be provided in accordance with Chapter 19.580 of this Chapterthe Zoning Code.
E. Exterior lighting shall be provided in accordance with Chapter 19.556 of this Chapterthe Zoning Code.
F. All provisions contained in Chapter 19.505 (Outdoor Display and Sales) shall apply to the sales of Manufactured Dwellings.
G. No outdoor telephone bell or paging system shall be used. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/reordinance.aspx?ordinanceid=1111636&datasource=ordbank" web="yes">7520</ulink> §1(Exh. A), 2020; Ord. 7331 §46, 2016)
19.340.050 Modifications.
Modifications to the above site location, operation and development standards may be considered in conjunction with the required Conditional Use Permit.
(Ord. 7331 §46, 2016)
Chapter 19.342 CANNABIS PERSONAL USE
*Editor's note— Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1207080&datasource=ordbank" web="yes">7630</ulink>, § 7, adopted March 14, 2023, changed the title of Chapter 19.342 from "Marijuana uses and activities" to "Cannabis personal use." Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=905806&datasource=ordbank" web="yes">7431</ulink>, § 5, adopted July 24, 2018, repealed Ch. 19.342, §§ 19.342.010—19.342.080, and reenacted a new chapter as set out herein. Former Ch. 19.342 pertained to marijuana cultivation and derived from Ord. 7331, § 47, adopted in 2016 and Ord. 7316, § 2, adopted in 2016.
19.342.010 Purpose.
19.342.020 Cultivation.
19.342.030 Personal use.
19.342.040 Medical use.
19.342.050 Public nuisance.
19.342.060 Penalties.
19.342.070 Severability.
19.342.010 Purpose.
The purpose of this Cchapter is to provide regulations related to personal use pursuant to California Health and Safety Code Ssections 11362.1 and 11362.2.
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1207080&datasource=ordbank" web="yes">7630</ulink> § 7, 2023; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=905806&datasource=ordbank" web="yes">7431</ulink> § 5, 2018)
19.342.020 Cultivation.
A. Outdoor. No individual or entity may plant, cultivate, harvest, dry, or process marijuana plants outdoors in any zone or specific plan area of the City. No use permit, building permit, variance, or any other
permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.
B. Indoor. No individual or entity may plant, cultivate, harvest, dry, or process marijuana plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence, in excess of the limitations imposed by California Health and Safety Code Ssection 11362.2. No individual or entity may plant, cultivate, harvest, dry, or process marijuana plants inside any enclosed structure within any zone or specific plan area of the City which is not either a private residence or an accessory structure to a private residence located upon the grounds of a private residence.
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1207080&datasource=ordbank" web="yes">7630</ulink> § 7, 2023; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=905806&datasource=ordbank" web="yes">7431</ulink> § 5, 2018)
Editor's note— Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1207080&datasource=ordbank" web="yes">7630</ulink>, § 7, adopted March 14, 2023, repealed the former Section 19.342.020, which pertained to prohibition and derived from Ord. No. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=905806&datasource=ordbank" web="yes">7431</ulink>, § 5, adopted in 2018. Subsequently, Ord. No. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1207080&datasource=ordbank" web="yes">7630</ulink> redesignated the former Sections 19.342.030—19.342.080 as Sections
19.342.020—19.342.070. The historical notation has been preserved for reference purposes.
19.342.030 Personal use.
An individual may cultivate cannabis for personal use only within a residential structure or other fully enclosed and locked accessory structure located entirely on residential property owned or legally possessed by him or her, pursuant to the following regulations:
A. The cultivation of cannabis may take place only inside a lawfully existing and fully enclosed and secure private residence, or inside a lawfully existing and fully enclosed and secure accessory structure to a private residence that is located on the same parcel as the private residence. No cultivation shall occur outside of a fully enclosed structure.
B. The primary use of the property shall be for a residence and cultivation is to be considered an incidental use.
C. All areas used for cultivation of cannabis shall comply with all Buildings Codes and Regulations of thisthe Riverside Municipal Code and the State of California, as well as all other applicable laws.
D. Indoor grow lights are not allowed in any structure used for human habitation. Indoor grow lights in any other structure shall not exceed 1,000 watts per light, and shall comply with the California Building, Electrical and Fire Codes as adopted by the City.
E. The use of gas products or volatile solvents, or dangerous poisons, toxins or carcinogens (including but not limited to CO 2 , butane, propane, natural gas, xylene, styrene, gasoline, kerosene, O2 H2,
methanol, isopropyl alcohol, methylene chloride, acetone, benzene, toluene, and trichloroethylene,) or generators for cultivation of cannabis is prohibited.
F. Any structure used for the cultivation of cannabis must have a ventilation and filtration system installed that shall prevent cannabis plant odors from exiting the interior of the structure and designed to prevent mold and moisture and otherwise protect the health and safety of persons residing in the residence and cultivating the cannabis. This ventilation shall at a minimum consist of a system meeting the requirements of the current, adopted edition of the California Building Code Ssection 1203.4 (Natural Ventilation) or Ssection 402.3 (Mechanical Ventilation), or their equivalent(s).
G. Any accessory structure used for the cultivation of cannabis shall be located in the rear yard area of the parcel or premises and must maintain a minimum setback equal to the greater of (1) the setback imposed pursuant to the applicable zoning provisions of this Code, or (2) ten-feet from any property line. The yard where the structure is maintained must be enclosed by a solid fence at least six feet in height.
H. Adequate mechanical locking or electronic security systems must be installed as part of the structure prior to the commencement of cultivation.
I. Cannabis cultivation shall be limited to six cannabis plants per private residence, regardless of whether the cannabis is cultivated inside the residence or in an accessory structure. The limit of six plants per private residence shall apply regardless of how many individuals reside at the private residence.
J. The residential structure shall remain at all times a residence, with legal and functioning cooking, sleeping and sanitation facilities with proper ingress and egress. No room used for cooking of meals, sleeping or bathing shall be used for cultivation.
K. Cultivation of cannabis shall take place only on impervious surfaces.
L. There shall be no exterior evidence of cannabis cultivation occurring on the parcel.
M. No more than one room in any structure may be used for cultivation.
N. The cannabis cultivation area shall not exceed 32 square feet and not exceed ten feet in height per residence. This limit applies regardless of the number of individuals residing in the residence.
O. No room or area in a structure that is used for cultivation shall be accessible to persons under 21 years of age.
P. Written consent of the property owner to cultivate cannabis within the residential structure shall be obtained and shall be kept on the premises, and available for inspection by agents of the City.
Q. A portable fire extinguisher, that complies with the regulations and standards adopted by the State Fire Marshal and applicable law, shall be kept in any room used for cultivation of cannabis .
R. No one other than a full-time resident of the residence shall be involved or take part in the cultivation and said full-time resident may not participate in cultivation in any other location within the City.
S. No chemical fertilizers, pesticides, or other chemical agents shall be used for cannabis cultivation.
T. The cannabis cultivation area shall not adversely affect the health or safety of the nearby residents by creating dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or other impacts; and shall not be conducted in a manner that is hazardous due to the use or storage of materials, processes, products or wastes, or from other actions related to the cultivation.
U. For the protection of local groundwater resources and indoor air quality, and to avoid disposal of harmful substances into sewers or septic systems, no chemical shall be used for cannabis
cultivation that contains any substance on the list prepared pursuant to California Health and Safety Code Ssection 25249.8; provided, that any chemical specifically approved by the California Department of Pesticide Regulation for indoor use on cannabis may be used in amounts prescribed by the Department. No chemical used for cannabis cultivation shall be stored in a manner visible from neighboring residences or to individuals located outside the property line or in the public right-of-way.
V. Cultivation shall be limited exclusively for the personal use of lawful residents of the property on which the cultivation is occurring.
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1207080&datasource=ordbank" web="yes">7630</ulink> § 7, 2023; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=905806&datasource=ordbank" web="yes">7431</ulink> § 5, 2018)
Note— See editor's note at Section 19.342.020.
19.342.040 Medical use.
The outdoor cultivation of medical marijuana, the establishment or operation of any medical marijuana collective, cooperative, dispensary, delivery service, operator, establishment, or provider shall be considered a prohibited use in all zones and specific plan areas of the City. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the cultivation of medical marijuana or the establishment of any collective, cooperative, dispensary, delivery service, operator, establishment, or provider in any zone or specific plan area of the City, and no person shall otherwise establish such businesses or operations in any zone or specific plan area of the City.
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1207080&datasource=ordbank" web="yes">7630</ulink> § 7, 2023; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=905806&datasource=ordbank" web="yes">7431</ulink> § 5, 2018)
Note— See editor's note at Section 19.342.020.
19.342.050 Public nuisance.
Any use or condition caused, or permitted to exist in violation of this Cchapter, and each and every violation of the provisions of this Cchapter shall be and are hereby declared to be deemed unlawful and a public nuisance and may be summarily abated by the City. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1207080&datasource=ordbank" web="yes">7630</ulink> § 7, 2023; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=905806&datasource=ordbank" web="yes">7431</ulink> § 5, 2018)
Note— See editor's note at Section 19.342.020.
19.342.060 Penalties.
In addition to any other enforcement permitted by State law, a civil action for injunctive relief and civil penalties pursuant to Chapter 1.17 of this Code may be brought against any person or entity that violates this Cchapter. In any civil action brought pursuant to this Cchapter, a court of competent jurisdiction may award reasonable attorney's fees and costs to the prevailing party. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1207080&datasource=ordbank" web="yes">7630</ulink> § 7, 2023; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=905806&datasource=ordbank" web="yes">7431</ulink> § 5, 2018)
Note— See editor's note at Section 19.342.020.
19.342.070 Severability.29
If any provision of this ordinance or chapter or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications of this ordinance or chapter which can be implemented without the invalid provision or application and to this end the provisions of this ordinance and chapter are declared to be severable.
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1207080&datasource=ordbank" web="yes">7630</ulink> § 7, 2023; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=905806&datasource=ordbank" web="yes">7431</ulink> § 5, 2018)
Note— See editor's note at Section 19.342.020.
Chapter 19.345 MODEL HOMES
19.345.010 Purpose.
19.345.020 Applicability and permit requirements.
19.345.030 Site location, operation and development standards.
19.345.040 Modifications.
19.345.010 Purpose.
The purpose of establishing regulations for model homes is to ensure compatibility of such uses with surrounding uses and properties and to avoid any impacts associated with such uses. (Ord. 7331 §48, 2016; Ord. 6966 §1, 2007)
29 Sec. 19.342.070. Severability. Text duplicative of Title 1 general provisions should be stricken as shown. (FOOTNOTE 339 IN EXHIBIT 2)
19.345.020 Applicability and permit requirements.
Model homes, 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 Cchapter. (Ord. 7331 §48, 2016; Ord. 6966 §1, 2007)
19.345.030 Site location, operation and development standards.
The standards set forth in Article V, Base Zones and Related Use and Development Provisions, shall apply to all model homes unless otherwise specified here.
A. Site location standards.
1. Each model home must be located on an individual and approved lot.
B. Operation and development standards.
1. Access must meet the requirements of the Americans with Disabilities Act.
2. Any "trap" fencing shall be located on private property.
3. Any garage used as an office must be converted back to a garage prior to occupancy.
4. A four or greater model complex shall develop and improve a separate lot to accommodate parking.
5. Parking shall comply with the standards contained in Chapter 19.580 (Parking and Loading).
6. In each subdivision consisting of eight or more homes, at least one model home that is landscaped shall demonstrate via installed landscape and irrigation, the principles of waterefficient landscaping and irrigation consistent with Chapter 19.570 (Water Efficient Landscaping and Irrigation).
7. The developer of model homes constructed prior to the recordation of a final map for the subdivision containing the model home(s) shall enter into a model home agreement with the City in a form satisfactory to the City Attorney to ensure that the model home(s) will not be sold prior to final map and that the model home(s) will be demolished and removed should the final map not record in a time that is acceptable to the City. (Ord. 7331 §48, 2016; Ord. 6966 §1, 2007)
19.345.040 Modifications.
No modifications to the above site location, operations and development standards are permitted. (Ord. 7331 §48, 2016)
Chapter 19.350 PAROLEE/PROBATIONER HOME
19.350.010 Purpose.
19.350.020 Applicability and permit requirements.
19.350.030 Additional application requirements.
19.350.040 Site location, operation and development standards.
19.350.050 Special noticing requirements.
19.350.060 Existing facilities require a permit.
19.350.070 Change in operating conditions.
19.350.080 Abandonment of use.
19.350.090 Modifications.
19.350.010 Purpose.
The purpose of regulating parolee/probationer homes is to ensure compatibility of such uses with surrounding uses and properties and to avoid any impacts associated with such uses. (Ord. 7331 §49, 2016; Ord. 6966 §1, 2007)
19.350.020 Applicability and permit requirements.
Parolee/probationer homes, as defined in Article X (Definitions), are permitted as set forth in Article V, Base Zones and Related Use Provisions subject to the requirements contained in this Cchapter. (Ord. 7331 §49, 2016; Ord. 6966 §1, 2007)
19.350.030 Additional application requirements.
The application for a discretionary permit for a parolee/probationer home shall include the following additional information:
A. Client profile (the subgroup of the population of the facility is intended to serve such as single men, families, etc.);
B. Maximum number of occupants and hours of facility operation; C. Term of client stay;
D. Support services to be provided on-site and projected staffing levels; and E. Rules of conduct and/or management plan.
(Ord. 7331 §49, 2016; Ord. 6966 §1, 2007)
19.350.040 Site location, operation and development standards.
The standards set forth in Article V, Base Zones and Related Use and Development Provisions shall apply unless otherwise specified here.
A. Site location standards.
1. The use shall be compatible with neighboring uses.
2. Establishment of the facility shall not result in harm to the health, safety or general welfare of the surrounding neighborhood and substantial adverse impacts on adjoining properties or land uses will not result.
3. The facility shall be located along or near a major arterial with ready access to public transportation.
4. The facility shall be accessible to necessary support services.
5. To avoid over-concentration of parolee/probationer, there shall be a 5,000-foot separation requirement between parolee/probationer homes as measured from the nearest outside building walls between the subject use and the nearest property line of any other parolee/probationer housing site.
6. A parolee/probationer home shall not be located within 1,000 feet of any other group housing, assisted living facility, a public or private school (kindergarten through twelfth grade), university, college, student housing, senior housing, family day care home, day care center, public park, library, business licensed for on- or off- sales of alcoholic beverages, or emergency shelter as defined in Article X (Definitions) and as measured from any point on the outside walls of the parolee/probationer home to the nearest property line of the noted use.
7. The facility should be compatible with the character of the surrounding neighborhood.
B. Operation and development standards.
1. Sufficient on-site parking shall be provided in accordance with Chapter 19.580. The precise number of parking spaces required will be determined based on the operating characteristics of the specific proposal.
2. Both indoor and outdoor common areas shall be provided on site.
3. All setback standards of the underlying zone shall be met.
4. On-site staff supervision shall be required during all hours of facility operation.
5. Individual client stays shall not exceed 180 days.
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1284848&datasource=ordbank" web="yes">Ord. 7660</ulink>, § 6, 2024; <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1034308&datasource=ordbank" web="yes">Ord. 7528</ulink> §1(Exh. A), 2020; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/reordinance.aspx?ordinanceid=1111636&datasource=ordbank" web="yes">7520</ulink> §1(Exh. A), 2020; Ord. 7331 §49, 2016; Ord. 7158 §8, 2012; Ord. 6966 §1, 2007)
19.350.050 Special noticing requirements.
All property owners within 1,000 feet of the proposed facility, as measured from the subject property lines, shall be notified of the proposed discretionary permit. (Ord. 7331 §49, 2016; Ord. 6966 §1, 2007)
19.350.060 Existing facilities require a permit.
A. Any existing parolee/probationer housing that has not complied with these requirements is in violation of this Ttitle and is subject to appropriate Code enforcement action.
B. An existing parolee/probationer home in good standing may file a written request for an extension of time of up to one year in which to file for the required discretionary permit. The written request shall include the reason for the request, including budgeting and/or securing filing fees, subject to confirmation and approval by the Planning Division. A filing extension may be granted by the Planning Division when it is verified that good faith efforts to budget and/or secure funds are made, financial hardship exists and a favorable recommendation is obtained from the Police Department. The Police Department recommendation is based upon a review of calls for service and criminal history at the parolee/probationer home for the previous 12 months. This Ssubsection shall sunset and no longer be effective after June 8, 2006.
(Ord. 7331 §49, 2016; Ord. 6966 §1, 2007)
19.350.070 Change in operating conditions.
Any change in operating conditions from what was originally approved and imposed by the City, including, but not limited to, number of occupants or parolees/probationers or any modifications to the conditions of approval pursuant to the required discretionary permit shall require the immediate submittal of a request for revision of the required discretionary permit. (Ord. 7331 §49, 2016; Ord. 6966 §1, 2007)
19.350.080 Abandonment of use.
An existing parolee/probationer home established pursuant to any permit discontinued for any period of time is deemed abandoned. Any subsequent establishment of a parolee/probationer home shall be required to first obtain a new discretionary permit.
(Ord. 7331 §49, 2016; Ord. 6966 §1, 2007)
19.350.090 Modifications.
Modifications to the above site location, operation and development standards may be considered in conjunction with the required Minor Conditional Use Permit or Conditional Use Permit, as applicable. (Ord. 7331 §49, 2016)
Chapter 19.355 PAWN SHOP
19.355.010 Purpose.
19.355.020 Applicability and permit requirements.
19.355.030 Site location, operation and development standards.
19.355.040 Modifications.
19.355.010 Purpose.
The purpose of regulating pawn shop establishments is to ensure security and compatibility with surrounding uses and properties and to avoid any impacts associated with such uses.
(Ord. 7331 §50, 2016; Ord. 6966 §1, 2007)
19.355.020 Applicability and permit requirements.
Pawn shop establishments, 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 Cchapter.
(Ord. 7331 §50, 2016; Ord. 6966 §1, 2007)
19.355.030 Site location, operation and development standards.
The standards set forth in Article V, Base Zones and Related Use and Development Provisions, shall apply to pawn shop establishments unless otherwise specified here.
A. Site location standards.
1. The business shall not be located within 600 feet of a public or private school (kindergarten through twelfth grade), assemblies of people—non-entertainment or public park, 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 school, assemblies of people— non-entertainment or park site.
2. The business shall not be located within 100 feet of any existing residential dwelling or property zoned for residential uses 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 zoned property.
3. The business shall be located a minimum distance of 1,000 feet from any existing parolee/probationer home, emergency shelter or business licensed by the State of California for off- or on-sale of alcoholic beverages as measured from any point upon the outside walls of the building or building lease space of the business applying for the discretionary permit to the nearest property line of the site containing the existing parolee/probationer home, emergency shelter, supportive housing, transitional housing and transitional housing development or business licensed by the State of California for off- or on-sale of alcoholic beverages.
4. The business shall be in a location that is fully visible from a public street with an unobstructed view from the public street for public safety.
B. Operation and development standards.
1. The business shall have lighting to provide illumination for security and safety of parking and access areas in accordance with Chapter 19.556 of this Titlethe Zoning Code.
2. A security plan shall be provided to the Riverside Police Department and Planning Division for review and approval.
3. The business window shall not be tinted or obscured in any way, including by temporary or painted window signs, and the interior lighting of the business shall remain at adequate levels to clearly see into the business from the exterior of the business.
4. A sign shall be posted in the front of the business indicating that no loitering is permitted per thisthe Riverside Municipal Code.
5. Prior to occupancy of the business, the business owner shall sign a trespass authority letter authorizing the Riverside Police Department to enforce trespass law. A copy of this letter shall be provided to the Planning Division.
6. No outdoor pay phones shall be permitted on any such premises. (Ord. 7331 §50, 2016; Ord. 7158 §9, 2012; Ord. 6966 §1, 2007)
19.355.040 Modifications.
Modifications to the above site location, operation and development standards may be considered in conjunction with the required Minor Conditional Use Permit. (Ord. 7331 §50, 2016)
Chapter 19.360 PLANT NURSERIES—RETAIL
19.360.010 Purpose.
19.360.020 Applicability and permit requirements.
19.360.030 Site location, operation and development standards.
19.360.040 Modifications.
19.360.010 Purpose.
The purpose of establishing regulations for plant nurseries - retail is to ensure compatibility of such uses with surrounding uses and properties and to avoid any impacts associated with such uses. (Ord. 7331 §51, 2016; Ord. 6966 §1, 2007)
19.360.020 Applicability and permit requirements.
The growing of nursery plants with associated retail sales, as defined in Article X (Definitions), is allowed as set forth in Article V, Base Zones and Related Use and Development Provisions subject to the requirements contained in this Cchapter.
For the purposes of this Cchapter and Title, two types of plant nurseries are established as regulated uses:
A. Plant nurseries in the R-1 and R-3 zones
B. Plant nurseries that may be permitted in zones other than R-1 and R-3 (Ord. 7331 §51, 2016; Ord. 6966 §1, 2007)
19.360.030 Site location, operation and development standards.
The standards set forth in Article V, Base Zones and Related Use and Development Provisions shall apply to plant nurseries-retail located in the R-1 and R-3 zones unless otherwise specified here.
A. Plant nurseries in the R-1 and R-3 Zones.
1. Site location standards.
a. The site shall have a minimum lot area of one acre.
b. The facility shall be located on an arterial or collector street as designated on the Master Plan of Roadways (Figure CCM-4) in the General Plan.
2. Operation and development standards.
a. All buildings, structures or improvements shall be located at least 20 feet from any property line.
b. All buildings and structures shall not exceed 20 feet in height. c. All storage of non-plant material shall be in a completely enclosed building or within a masonry wall enclosure at least six feet in height.
d. No outdoor telephone bell or paging system shall be used.
B. Plant nurseries in zones other than R-1 and R-3.
1. Operation and development standards.
a. All storage of non-plant material shall be in a completely enclosed building or within a masonry wall enclosure at least six feet in height.
b. No outdoor telephone bell or paging system shall be used. (Ord. 7331 §51, 2016; Ord. 6966 §1, 2007)
19.360.040 Modifications.
Modifications to the above site location, operation and development standards may be considered in conjunction with the required Minor Conditional Use Permit. (Ord. 7331 §51, 2016)
Chapter 19.370 RECREATIONAL FACILITIES—COMMERCIAL (BILLIARD PARLORS AND POOL HALLS)
19.370.010 Purpose.
19.370.020 Applicability and permit requirements.
19.370.030 Site location, operation and development standards.
19.370.040 Modifications.
19.370.010 Purpose.
The purpose of regulating billiard parlors and pool halls is to ensure compatibility of such uses with surrounding uses and properties and to avoid any impacts associated with such uses. (Ord. 7331 §53, 2016; Ord. 6966 §1, 2007)
19.370.020 Applicability and permit requirements.
Recreational facilities, 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 Cchapter and shall comply with all provisions of Chapter 5.28, Poolrooms, of this the Riverside Municipal Code.
(Ord. 7331 §53, 2016; Ord. 6966 §1, 2007)
19.370.030 Site location, operation and development standards.
The standards set forth in Article V, Base Zones and Related Use and Development Provisions, shall apply to billiard parlors and pool halls, unless otherwise specified here.
A. Any billiard parlor or pool hall shall only be established, located, or operated where permitted only within the ascribed distances of the certain specified land uses or zones set forth here. These distances shall be measured from the closest point upon the outside walls of the building containing the billiard parlor or pool hall to the nearest point upon the outside walls or property lines of the building or property of concern.
1. The business shall not be located within 600 feet of any school (kindergarten through twelfth grade), assemblies of people—non-entertainment, or park, as measured from the building walls of the billiard/pool hall to the nearest property line of the uses listed above, except in the Downtown Arts and Entertainment District, as defined in Article X (Definitions), where the 600-foot distance restriction does not apply. However, in the Downtown Arts and Entertainment District, the Community & Economic Development Director or his/her designee shall consider distances from the above-listed uses for the purpose of achieving compatibility of the business with neighboring uses as part of the review process.
2. The business shall not be located within 100 feet of any residential dwelling unit or residential zone, as measured from the building walls of the billiard/pool hall to the nearest property line of the uses listed above. This provision shall not be mandatory with regard to residential uses that are a part of a mixed-use zone or mixed-use project.
B. At all times, each billiard parlor or pool hall operator shall maintain adult attendants on the premises, the number of which shall be set forth in the approved discretionary permit.
C. Each billiard parlor or pool hall shall prohibit persons 17 years of age and under from using any of the facilities prior to 8:00 a.m. or after 10:00 p.m.
D. Hours of operation shall be determined based upon the sensitivity of the area surrounding the proposed billiard parlor during the approval of the discretionary permit.
E. Signage informing the public of the prohibition on the use of drugs, smoking, loud conduct, age restrictions, and the hours of operation shall be posted and plainly visible to customers within the establishment in at least two locations.
F. Billiard parlors and pool halls that have been authorized to serve alcoholic beverages shall enforce a customer dress Code, which at a minimum shall prohibit gang-related attire. The dress Code shall be posted at all public entrances.
G. Any and all forms of gambling are prohibited.
H. Soundproofing shall be provided sufficient to prevent noise and vibrations from penetrating into surrounding properties or building lease spaces.
I. A security plan shall be submitted for review and approval by the Police Department as a part of the discretionary permit application demonstrating and committing to the provision of adequate onsite security. (Ord. 7331 §53, 2016; Ord. 6966 §1, 2007)
19.370.040 Modifications.
Modifications to the above site location, development and operation standards may be considered in conjunction with the required Minor Conditional Use Permit. (Ord. 7331 §53, 2016; Ord. 6966 §1, 2007)
Chapter 19.375 RECYCLING CENTER—PAPER, GLASS, PLASTIC, ALUMINUM AND OTHER
NONFERROUS METALS
19.375.010 Purpose.
19.375.020 Applicability and permit requirements.
19.375.030 Site location, operation and development standards.
19.375.040 Modifications.
19.375.010 Purpose.
The purpose of regulating recycling centers, also known as collection and processing centers, for paper, glass, plastic, aluminum and other nonferrous metals is to ensure compatibility of such uses with surrounding uses and properties and to avoid any impacts associated with such uses. (Ord. 7331 §54, 2016; Ord. 6966 §1, 2007)
19.375.020 Applicability and permit requirements.
Recycling collection and processing centers for paper, glass, plastic, aluminum and other nonferrous metals, 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 Cchapter. (Ord. 7331 §54, 2016; Ord. 6966 §1, 2007)
19.375.030 Site location, operation and development standards.
The standards set forth in Article V, Base Zones and Related Use and Development Provisions, shall apply to all recycling collection and processing centers unless otherwise specified here.
A. Any portion of the site not within a completely enclosed building shall be surrounded by a solid masonry wall not less than six feet in height and all materials shall be stored below the level of the wall.
B. All materials stored out-of-doors shall be kept within completely enclosed storage bins.
C. All dismantling of assembled materials shall be done within a completely enclosed building.
D. Baling, shearing and compacting equipment shall be located within a completely enclosed building.
E. The site shall be fully landscaped on the interior and additional perimeter landscape screening may be required by the Staff Application Review Team Development Review Committee to adequately screen the operation.
F. The facility shall not substantially increase vehicular traffic on streets in a residential zone.
G. The site shall be served by streets and highways capable of carrying the quantity and type of traffic generated by such use.
H. The facility shall be a minimum of 300 feet from any residentially zoned property or from any school (kindergarten through twelfth grade), assemblies of people—non-entertainment, hospital, or similar use involving a large assemblage of people.
I. Receiving or processing scrap steel or junked cars shall be prohibited.
J. Plans for a continuing cleaning and maintenance program, as well as the control of noise, odor, dust, litter, and the like, shall be submitted for review and approval. (Ord. 7331 §54, 2016; Ord. 6966 §1, 2007)
19.375.040 Modifications.
Modifications to the above site location, operation and development standards may be considered in conjunction with the required Conditional Use Permit.
(Ord. 7331 §54, 2016)
Chapter 19.380 RECYCLING CENTER—SOLID WASTE TRANSFER STATIONS AND MATERIAL
RECOVERY FACILITIES (MRF)
19.380.010 Purpose.
19.380.020 Applicability and permit requirement.
19.380.030 Environmental Impact Report (EIR) required.
19.380.040 Site location, operation and development standards.
19.380.050 Modifications.
19.380.010 Purpose.
The purpose of regulating recycling center - solid waste transfer stations and material recovery facilities (MRFs) is to ensure compatibility of such uses with surrounding uses and properties and to avoid any impacts associated with such uses.
(Ord. 7331 §55, 2016; Ord. 6966 §1, 2007)
19.380.020 Applicability and permit requirement.
Recycling facility - solid waste transfer stations and material recovery facilities (MRF) are permitted as set forth in Article V, Base Zones and Related Use and Development Provisions subject to the requirements contained in this Cchapter.
(Ord. 7331 §55, 2016; Ord. 6966 §1, 2007)
19.380.030 Environmental Impact Report (EIR) required.
An environmental impact report (EIR), prepared by a consultant selected under the terms of the City's California Environmental Quality Act guidelines, shall be required. Prior to commencement of the preparation of the EIR, a preliminary conference with the applicant and the Planning Division shall be held. Issues addressed by the EIR shall include, but not be limited to, the following: land use; traffic, noise, aesthetics, including screening and landscaping; odor; dust; litter control and ongoing maintenance; groundwater protection; prevailing wind direction; and release of hazardous substances. (Ord. 7331 §55, 2016; Ord. 6966 §1, 2007)
19.380.040 Site location, operation and development standards.
The standards set forth in Article V, Base Zones and Related Use and Development Provisions, shall apply recycling centers - solid waste transfer stations and material recovery facilities (MRFs), unless otherwise specified here.
A. Site location criteria. The solid waste transfer station and/or MRF shall meet the following location criteria:
1. The facility will not substantially increase vehicular traffic on streets in a residential zone.
2. The facility will not substantially lessen the usability and suitability of adjacent or nearby properties.
3. The site is served by an improved arterial street, adequate in width and pavement type to carry the quantity and type of traffic generated by the use.
4. The site is adequate in size and shape to accommodate the use and to accommodate all yards, walls, vehicular stacking, parking, landscaping and other required improvements.
5. No transfer station or MRF shall be closer than 600 feet to any property in a residential or commercial zone or from any school (kindergarten through twelfth grade), assemblies of people—non-entertainment, hospital or similar use involving a large assemblage of people, as measured between property lines.
6. In the siting of new buildings for construction, consideration shall be given to prevailing wind direction and location of large vehicle doors in order to minimize odors.
B. Operation and development standards. In addition to the provisions of the underlying base zone and any applicable overlay zone(s), the solid waste transfer station and/or MRF shall meet the following operation and development standards:
1. The gross land area shall not be less than five acres with a minimum street frontage of 140 feet.
2. Except as setbacks along arterial streets may require additional dimensions, all buildings, structures or improvements shall meet the setbacks as required in the applicable zone. The setbacks specified in this Pparagraph may be used only for the following purposes:
a. Passage or temporary standing of automobiles
b. Landscape areas
c. Light poles and standards
3. All equipment and activities associated with this use shall be contained within an enclosed building with only sufficient openings for ingress/egress of vehicles.
4. On-site truck stacking and maneuvering area shall be provided as necessary to accommodate the anticipated vehicular usage of the transfer station/MRF, depending on the size and nature of the facility, and shall be completely screened by solid masonry walls not less than six feet in height with appropriate landscaping and irrigation. No truck stacking and maneuvering area shall be permitted within the required front and street side yard setback.
5. Any water flow resulting from the use of wash facilities shall be contained on site and disposed of through an on-site drainage system, in conformance with City regulations to enforce the requirements of the National Pollutant Discharge Elimination Systems (NPDES) permit.
6. The noise, dust and odor levels generated by the facility shall conform to Chapter 19.590 of this Titlethe Zoning Code and Title 7 - Noise Control of this the Municipal Code.
7. All materials stored outside shall be kept within storage bins or bales screened from view from adjacent properties and streets.
8. Material recovery facilities shall be permitted in conjunction with a solid waste transfer station.
A covenant as approved by the Planning Division, Building Division and City Attorney's Office restricting recyclable material to paper, cardboard, glass, plastic, household hazardous waste, aluminum and other metals shall be recorded against the property. The covenant may also restrict the nature and quantities of household hazardous waste. The receiving or processing of scrap steel and junked cars shall be specifically prohibited.
9. Hours of operation shall be limited to 6:00 a.m. to 6:00 p.m. Monday through Saturday and 8:00 a.m. to 4:00 p.m. on Sundays.
10. All transfer stations and MRFs shall be staffed during business hours.
11. No trash shall be stored overnight. Recyclables may be stored overnight within appropriate storage containers or bales screened from view from adjacent properties and streets.
12. All open areas, other than landscaped planter beds shall be paved with not less than two and one-half inches of asphaltic concrete or an equivalent surfacing meeting the established standards and specifications of the Public Works Department, shall be graded and drained so as to adequately dispose of all surface water and shall be maintained in good repair.
13. Any portion of the site not entirely within a completely enclosed building shall be surrounded by a solid masonry wall not less than six feet in height with appropriate landscaping and irrigation.
14. A daily cleaning and ongoing maintenance program as approved by the Planning Commission as part of the discretionary permit shall be established.
15. All incoming or outgoing trucks shall be completely enclosed or equipped with an impermeable cover.
(Ord. 7331 §55, 2016; Ord. 6966 §1, 2007)
19.380.050 Modifications.
Modifications to the above site location, operation and development standards may be considered in conjunction with the required Conditional Use Permit.
(Ord. 7331 §55, 2016)
Chapter 19.385 RECYCLING FACILITIES
19.385.010 Purpose.
19.385.020 Applicability and permit requirements.
19.385.030 Site location, operation and development standards.
19.385.040 Modifications.
19.385.010 Purpose.
The purpose of regulating recycling facilities is to ensure compatibility of such uses with surrounding uses and properties and to avoid any impacts associated with such uses. (Ord. 7331 §56, 2016; Ord. 6966 §1, 2007)
19.385.020 Applicability and permit requirements.
Beverage container recycling facilities, mobile recycling units, indoor collection centers, reverse vending machines, bulk reverse vending machines and donation collection bins, 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 Cchapter. (Ord. 7331 §56, 2016; Ord. 6966 §1, 2007)
19.385.030 Site location, operation and development standards.
A. Mobile recycling units. Mobile recycling units shall comply with the following regulations.
1. The unit shall be staffed at all times during operating hours.
2. The unit shall operate a minimum of 30 hours per week but shall be limited to the hours between 9:00 a.m. to 7:00 p.m.
3. The unit shall be located on a site occupied by commercial or industrial businesses.
4. All beverage containers shall be stored in opaque enclosures so as not to be readily visible.
5. The unit shall be compatible with the building architecture of the site.
6. The unit shall be located at least 150 feet from any street or residentially zoned or occupied property.
An additional setback may be required to reduce exposure of the unit to the street or adjacent property.
7. The total area occupied by the unit shall not exceed 500 square feet.
8. Exterior signage shall be limited to one unlighted identification sign and one hours-of-operation sign, each not to exceed 16 square feet per mobile recycling unit.
9. The unit shall not interfere with pedestrian or vehicular circulation and shall not displace any required parking spaces.
10. The unit shall be screened from adjacent properties and streets by landscaping or other screening.
11. The unit and surrounding area shall be maintained in a clean, litter-free condition and shall be swept or pressure washed daily. Shopping carts and trash left within 100 feet of the recycling unit shall be removed at the end of the daily operating hours.
B. Reverse vending machines. Reverse vending machines shall comply with the following regulations.
1. Signage shall be limited to the surface area of the machines.
2. The machines shall be located within 30 feet of a building entry and shall abut such building.
3. The machines shall be situated at least 150 feet from any residentially zoned or occupied property.
4. The machines shall not interfere with pedestrian or vehicular circulation or parking.
5. Only one machine or group of machines shall be allowed per commercial or industrial property or complex.
6. Such machine(s) shall not meet the definition of Reverse Vending Machine-Bulk Type as defined in Article X (Definitions).
7. The machines shall not exceed reasonable noise limits pursuant to Title 7.
C. Indoor collection centers. Indoor collection centers shall comply with the following site location and operational regulations.
1. Exterior signage shall be limited to one unlighted identification sign and one hours-of-operation sign, each not-to-exceed six square feet.
2. Indoor collection centers shall not be located within 150 feet of a residential zone or use, as measured from property line to property line.
D. Reverse vending machine, bulk type. Bulk reverse vending machines shall comply with the following standards.
1. The machines shall be situated at least 150 feet from any residentially zoned or occupied property.
2. The machine(s) shall not interfere with pedestrian or vehicular circulation or parking.
3. The machines shall not exceed reasonable noise limits pursuant to Title 7.
4. Only one machine or group of machines shall be allowed per commercial or industrial property or complex.
E. Donation collection bins. Donation collection bins shall comply with the following standards:
1. Only one unattended donation collection bin shall be allowed on each parcel or real property.
2. Any unattended donation collection bin shall not be any closer than 2,000 feet from any other unattended donation collection bin, as measured from the subject unattended donation collection bin to the nearest property line containing another unattended donation collection bin.
3. Unattended donation collection bins shall be located on a parcel of two and one-half acres in area or larger.
4. No unattended donation collection bin shall be allowed in an area required for vehicle parking, circulation, pedestrian path of travel or required landscaped area.
5. The unattended donation collection bin shall be located at least 150 feet from any street or residentially zoned or occupied property. An additional setback may be required to reduce exposure of the unit to the street or adjacent property.
6. The unattended donation collection bin shall be no more than 84 inches high, 72 inches wide and 60 inches deep.
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §15, 2021; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=988206&datasource=ordbank" web="yes">7487</ulink> §28, 11-5-2019; Ord. 7331 §56, 2016; Ord. 6966 §1, 2007)
19.385.040 Modifications.
No modifications to the above site location, operations and development standards are permitted. (Ord. 7331 §56, 2016)
Chapter 19.390 RETAIL SALES ANCILLARY TO A MANUFACTURING USE ON-SITE
19.390.010 Purpose.
19.390.020 Applicability.
19.390.030 Site location, operation and development standards.
19.390.040 Modifications.
19.390.010 Purpose.
The purpose of regulating ancillary retail sales to a manufacturing use on-site is to ensure that the retail sales remain ancillary to the primary manufacturing use and operation of the facility. (Ord. 7331 §57, 2016; Ord. 6966 §1, 2007)
19.390.020 Applicability.
Ancillary retail sales to a manufacturing use are limited to the sale of products manufactured, assembled, fabricated or processed in whole or major part on premises. (Ord. 7331 §57, 2016; Ord. 6966 §1, 2007)
19.390.030 Site location, operation and development standards.
The standards set forth in Article V, Base Zones and Related Use and Development Provisions, shall apply to ancillary retail sales to a manufacturing use unless otherwise specified here.
A. The floor area allocated for retail sales shall not exceed more than 15 percent of the total building(s) gross floor area.
B. Off-street parking requirements for commercial uses shall be applied to the portion of the facility dedicated for on-site retail sales.
(Ord. 7331 §57, 2016; Ord. 6966 §1, 2007)
19.390.040 Modifications.
No modifications to the above site location, operation and development standards are permitted.
(Ord. 7331 §57, 2016)
Chapter 19.395 SCHOOLS
19.395.010 Purpose.
19.395.020 Applicability and permit requirements.
19.395.030 Site location, operation and development standards.
19.395.040 Modifications.
19.395.010 Purpose.
The purpose of requiring special setbacks for schools, in residential and office zones is to ensure compatibility of such uses with surrounding uses and properties and to avoid any impacts associated with such uses.
(Ord. 7331 §58, 2016; Ord. 6966 §1, 2007)
19.395.020 Applicability and permit requirements.
Schools, as defined in Article X (Definitions), are permitted as set forth in Article V, Base Zones and Related Use and Development Provisions to the requirements contained in this Cchapter. (Ord. 6966 §1, 2007)
19.395.030 Site location, operation and development standards.
The development standards set forth in Article V, Base Zones and Related Use and Development Provisions, shall apply to all schools unless otherwise specified here.
A. Schools, institutions, or other similar uses and appurtenant off-street parking located in any residential zone, Office (O) or Public Facilities Zone shall be set back at least 20 feet from every property line and shall not be located within any front yard required in such zone; provided, however, that any interior side or rear yard may be used for off-street parking purposes.
B. In all other zones, schools and appurtenant off-street parking shall comply with the setback requirements of the underlying zone or any applicable overlay zone or specific plan, whichever is most restrictive.
(Ord. 7331 §58, 2016; Ord. 6966 §1, 2007)
19.395.040 Modifications.
Modifications to the above site location, operation and development standards may be considered in conjunction with the required Conditional Use Permit or Minor Conditional Use Permit, as applicable. (Ord. 7331 §58, 2016)
Chapter 19.400 SHELTERS—EMERGENCY
19.400.010 Purpose.
19.400.020 Applicability and permit requirements.
19.400.030 Additional application requirements.
19.400.040 Site location, operation, and development standards.
19.400.050 Special noticing requirements.
19.400.060 Reserved.
19.400.070 Change in operating conditions.
19.400.080 Abandonment of use.
19.400.081 Modifications.
19.400.010 Purpose.
The purpose of regulating emergency shelters is to ensure compatibility of such uses with surrounding uses and properties and to avoid any impacts associated with such uses. (Ord. 7408 §1, 2018; Ord. 7331 §60, 2016; Ord. 7158 §10, 2012; Ord. 6966 §1, 2007)
19.400.020 Applicability and permit requirements.
Except as provided in Pparagraph B, emergency shelters, 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 Cchapter.
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §16, 2021; (Ord. 7408 §1, 2018; Ord. 7331 §60, 2016; Ord. 7158 §10, 2012; Ord. 6966 §1, 2007)
19.400.030 Additional application requirements.
The application for a discretionary permit for emergency shelters shall include the following additional information:
A. Client profile (the subgroup of the population of the facility is intended to serve such as single men, families, elderly, minor children, developmentally disabled, etc.); B. Maximum number of occupants and hours of facility operation; C. Term of client stay;
D. Support services to be provided on-site and projected staffing levels; E. Rules of conduct and/or management plan; and
F. Security plan.
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §17, 2021; Ord. 7408 §1, 2018; Ord. 7331 §60, 2016; Ord. 7158 §10, 2012; Ord. 6966 §1, 2007)
19.400.040 Site location, operation, and development standards.
In addition to the standards for emergency shelters set forth in Article V, Base Zones and Related Use and Development Provisions, the following findings shall be made:
A. To avoid over-concentration of emergency shelters, there shall be a 300-foot separation requirement as measured from the nearest outside building walls between the subject use and the nearest property line of any other emergency shelter as defined in Article X (Definitions).
B. On-site waiting and client intake areas.
1. An adequately sized indoor client intake area shall be provided.
2. Any queuing areas shall be on-site, in covered areas and away from public sidewalks and avoid spilling into parking and landscape areas.
C. Both indoor and outdoor open areas shall be provided on site.
D. All setback standards of the underlying zone shall be met.
E. On-site parking shall be provided in accordance with Chapter 19.580 (Parking and Loading). The precise number of parking spaces required will be determined based on the operating characteristics of the specific proposal; however, the required parking shall not be more than for other residential or commercial uses within the same zone.
F. On-site staff supervision shall be required during all hours of facility operation.
G. Individual client stays shall not exceed 180 consecutive days.
H. The facility, in any Zoning District, shall be consistent with any applicable Riverside County Airport Land Use Compatibility Plan compatibility criteria. (<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1284848&datasource=ordbank" web="yes">Ord. 7660</ulink>, § 7, 2024; <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1116112&datasource=ordbank" web="yes">Ord. 7573</ulink> § 1(Exh. A), 2021; <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §18, 2021; Ord. 7408 §1, 2018; Ord. 7331 §60, 2016; Ord. 7158 §10, 2012; Ord. 6966 §1, 2007)
19.400.050 Special noticing requirements.
All property owners within 1,000 feet of the proposed facility, as measured from the subject property lines, shall be notified of the proposed discretionary permit. (Ord. 7331 §60, 2016; Ord. 7158 §10, 2012; Ord. 6966 §1, 2007)
19.400.060 Reserved.
Editor's note— <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §19, adopted in 2021, repealed §19.400.060, which pertained to existing
facilities requiring a permit and derived from Ord. 7331 §60, adopted in 2016; Ord. 7158 §10, adopted in 2012; and Ord. 6966 §1, adopted in 2007.
19.400.0670 Change in operating conditions.
Any change in operating conditions from what was originally approved and imposed by the City, including, but not limited to, number of occupants or clients or any modifications to the conditions of approval pursuant to the required discretionary permit shall require the immediate submittal of a request for revision of the required discretionary permit.
(Ord. 7331 §60, 2016; Ord. 7158 §10, 2012; Ord. 6966 §1, 2007)
19.400.0780 Abandonment of use.
An existing facility, established pursuant to any discretionary permit discontinued for any period of time, excluding a maximum 30-day closure required to perform necessary repairs or restoration that does not increase the square footage of the residence, is deemed abandoned and any subsequent establishment of a facility shall be required to first obtain a new discretionary permit, as appropriate. (<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §20, 2021; Ord. 7331 §60, 2016; Ord. 7158 §10, 2012; Ord. 6966 §1, 2007)
19.400.0781 Modifications.
Modifications to the above site location, operation and development standards may be considered under the required Minor Conditional Use Permit or Conditional Use Permit. (Ord. 7331 §60, 2016)
Chapter 19.401 SINGLE ROOM OCCUPANCIES (SRO's)
19.401.010 Purpose.
19.401.020 Applicability and permit requirements.
19.401.030 Site location, operation and development standards.
19.401.010 Purpose.
The purpose is to allow for single room occupancies (SRO's) consistent with State Law, Government Code Section 65583(c)(2) to appropriately regulate SRO's to ensure compatibility with surrounding uses and properties, and to minimize impacts associated with such uses. (Ord. 7408 §1, 2018)
19.401.020 Applicability and permit requirements.
Single room occupancies (SRO's) 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 Cchapter.
(Ord. 7408 §1, 2018)
19.401.030 Site location, operation and development standards.
The standards set forth in Article V, Base Zones and Related Use and Development Provisions, shall apply to SRO development, unless otherwise specified here.
A. To avoid over-concentration of SRO's, there shall be a 300-foot separation requirement as measured from the nearest outside building walls between a proposed SRO and any other SRO.
B. The design of the facility shall be compatible with character of the surrounding neighborhood and consistent with the Citywide Sign and Design Guidelines.
C. Parking. On-site parking shall be provided as required for SRO's pursuant to the requirements of Chapter 19.580.
D. Common space. A minimum of ten square feet per unit, or 250 square feet, whichever is greater, shall be provided for interior common space. Dining rooms, meeting rooms, recreational rooms and other similar areas may be considered common areas. Shared bathrooms, kitchens, storage, laundry facilities and common hallways shall not be considered common areas.
E. Floor area. An SRO living unit shall be a minimum of 150 square feet in floor area and up to a maximum of 400 square feet in floor area, including bathroom and/or kitchen facilities.
F. Laundry facilities. Laundry facilities shall be provided in a separate room at the ratio of one washer and one dryer for every 20 units or fractional number thereof.
G. Kitchen facilities. Each unit shall be provided a kitchen sink serviced with hot and cold water with a garbage disposal and a counter top measuring a minimum of 18 inches wide by 24 inches deep.
A complete kitchen facility available for residents shall be provided on each floor of the structure, if each individual unit is not provided with a minimum of a refrigerator and a microwave oven.
H. Bathroom facilities. For each unit, a private toilet shall be provided in an enclosed room having a minimum of 15 square feet in area and a door. If private bathing facilities are not provided for each unit, shared shower or bathtub facilities shall be provided at a ratio of one for every seven units or fraction thereof. The shared shower or bathtub facility shall be on the same floor as the units it is intended to serve and shall be accessible from a common area or hallway. Each shared shower or bathtub facility shall be provided with an interior lockable door.
I. Management plan. The SRO living unit facility shall have a management plan approved by the City. (<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1284848&datasource=ordbank" web="yes">Ord. 7660</ulink>, § 8, 2024; Ord. 7408 §1, 2018) Chapter 19.405 RESERVED *
*Editor's note— Ord. No. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1248964&datasource=ordbank"
web="yes">7652</ulink>, § 6, adopted November 7, 2023, repealed the former Chapter 19.405, §§
19.405.010—19.405.040 in its entirety, which pertained to tattoo and body piercing parlors, and derived from Ord. 6966 § 1, adopted in 2007; Ord. 7158 § 11, adopted in 2012; Ord. 7331 § 61, adopted in 2016; Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/reordinance.aspx?ordinanceid=1111636&datasource=ordbank" web="yes">7520</ulink> § 1(Exh. A), adopted in 2020, and Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1034308&datasource=ordbank" web="yes">7528</ulink> § 1(Exh. A), adopted in 2020.
Chapter 19.410 VEHICLE FUEL STATIONS
19.410.010 Purpose.
19.410.020 Applicability and permit requirements.
19.410.030 Additional findings required.
19.410.040 Site location, operation and development standards.
19.410.050 Other applicable regulations.
19.410.060 Modifications.
19.410.010 Purpose.
The purpose of regulating vehicle fuel stations is to ensure compatibility of such uses with surrounding uses and properties and to avoid any impacts associated with such uses. (Ord. 7331 §62, 2016; Ord. 6966 §1, 2007)
19.410.020 Applicability and permit requirements.
Vehicle fuel stations, as defined in Article X (Definitions), are permitted as set forth in Article V, Base Zone and Related Use and Development Provisions subject to the requirements contained in this Cchapter.
(Ord. 7331 §62, 2016; Ord. 6966 §1, 2007)
19.410.030 Additional findings required.
In addition to any findings required for the granting of a discretionary permit for a vehicle fuel station, the Approving or Appeal Authority shall be required to make the additional findings:
A. That the vehicle fuel station will not substantially increase vehicular traffic on streets in a residential zone, and that the vehicle fuel station will not substantially lessen the usability and suitability of adjacent or nearby residentially zoned property for residential use.
B. That the vehicle fuel station will not substantially lessen the usability of adjacent or nearby commercially-zoned property for commercial use by interfering with pedestrian traffic.
C. That the vehicle fuel station will not create increased traffic hazards to pedestrians when located near a school, assemblies of people—non-entertainment or assemblies of people—entertainment.
D. That the vehicle fuel station site is served by streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by such service station use.
E. That the vehicle fuel station site is adequate in size and shape to accommodate said use, and to accommodate all yards, walls, parking, landscaping and other required improvements. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1004442&datasource=ordbank" web="yes">7505</ulink> § 1(Exh. A), 2020; Ord. 7331 §62, 2016; Ord. 6966 §1, 2007)
19.410.040 Site location, operation and development standards.
The standards set forth in Article V, Base Zones and Related Use and Development Provisions, shall apply to vehicle fuel stations unless otherwise specified here.
A. The gross land area shall be not less than one acre.
B. The site shall be located on an arterial street, as identified on the General Plan—Master Plan of Roadways.
C. Except as setbacks along arterial streets may require additional setbacks, all buildings, structures or improvements shall meet the following setbacks:
1. Gasoline and hydrogen fuel pumps or dispensers and canopies shall be located no closer than 20 feet from any property line.
2. The setbacks specified in this Ssubsection C may be used only for the following purposes:
a. Passage or temporary standing of automobiles
b. Landscaping
c. Light poles and standards
3. A minimum ten-foot landscaped setback shall be provided adjacent to any public street.
D. Buildings shall not exceed a height of 35 feet, except as otherwise provided in Article V.
E. When a vehicle fuel station adjoins any lot in a residential, mixed use, or Office (O) Zone, a minimum six-foot-high masonry wall shall be erected and maintained along such property line; provided, however, that such wall shall be only three feet high from the setback line of the adjoining property to the front property line.
F. Screening of pump islands and storage/production tanks for hydrogen fuel stations is encouraged by orienting on-site buildings closer to perimeter street frontages.
G. Screening of hydrogen fuel storage/production tanks shall be accomplished by orienting the tanks behind onsite buildings and within a solid masonry wall enclosure that blends with the building. If this cannot be accomplished, screening shall consist of landscaping and/or artwork, or alternative methods at the discretion of the approving authority. Use of chain-link or similar fencing materials is not permitted.
H. Not withstanding other provisions to the contrary, the following site operation standards shall apply to vehicle stations:
1. Operations outside the vehicle fuel station building shall be limited to the dispensing of gasoline, oil, air and water.
2. All storage and display of merchandise and supplies must be conducted within the service station building.
3. No vehicles shall be parked on the premises other than those of persons attending to business on the site, vehicles being serviced for customers, vehicles of employees, and other service vehicles used in the operation of the station. No vehicle may be parked on the premises and offered for sale.
4. Any tank or display provided for the incidental sale of propane or similar material shall be fully screened from view from any public right-of-way.
5. Hydrogen fuel pumps shall be oriented to provide adequate circulation throughout the site.
I. Hydrogen fuel stations shall comply with the following:
1. Safety and performance standards established by the Society of Automotive Engineers and accredited nationally recognized testing laboratories;
2. Any rules established by the state Air Resources Board, Energy Commission, or Department of Food and Agriculture regarding safety, reliability, weights, and measures; and
3. All other applicable rules and regulations.
(Ord. 7331 §62, 2016; Ord. 6966 §1, 2007)
19.410.050 Other applicable regulations.
When uses are combined the more restrictive standards of a subject use will apply.
A. Vehicle repair activities conducted on site, where permitted, shall be subject to conditions imposed through the discretionary permit review process. At a minimum, vehicle repair activities shall be conducted in accordance with the provisions of Chapter 19.420 (Vehicle Repair Facilities) of this Titlethe Zoning Code.
B. Vehicle wash facilities and activities conducted on site, where permitted, shall be subject to conditions imposed through the discretionary permit review process. At a minimum, vehicle wash facilities shall be conducted in accordance with the provisions of Chapter 19.425 (Vehicle Wash Facilities) of this Titlethe Zoning Code.
C. Drive-thru businesses and activities conducted on site, where permitted, shall be subject to conditions imposed through the discretionary permit review process. At a minimum, drive thru businesses shall be conducted in accordance with the provisions of Chapter 19.475 (Drive thru Businesses) of this Titlethe Zoning Code.
(Ord. 7331 §62, 2016; Ord. 6966 §1, 2007)
19.410.060 Modifications.
Any modifications to the above site location, operation and development standards may be considered in conjunction with the required Conditional Use Permit.
(Ord. 7331 §62, 2016)
Chapter 19.415 VEHICLE IMPOUND AND TOW YARDS
19.415.010 Purpose.
19.415.020 Applicability and permit requirements.
19.415.030 Site location, operation and development standards.
19.415.040 Modifications.
19.415.010 Purpose.
The purpose of regulating vehicle impound and tow yards is to ensure compatibility of such uses with surrounding uses and properties and to avoid any impacts associated with such uses. (Ord. 7331 §63, 2016; Ord. 6966 §1, 2007)
19.415.020 Applicability and permit requirements.
Vehicle impound and tow yards, 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 Cchapter.
(Ord. 7331 §63, 2016; Ord. 6966 §1, 2007)
19.415.030 Site location, operation and development standards.
The standards set forth in Article V, Base Zones and Related Use and Development Provisions, shall apply to vehicle impound yards, unless otherwise specified here.
A. No automobile impound or tow yard shall be closer than 300 feet to any property in a residential, mixed use, office, commercial, air, public facilities, or an agricultural zone, as measured from property line to property line.
B. The impound or tow storage yard shall be entirely enclosed by an eight-foot-high decorative masonry wall.
C. A minimum 20-foot landscaped setback shall be provided along all street frontages.
D. All vehicles within the impound yard shall have ground contact of all wheels. No stacking of vehicles shall be permitted.
E. The surface of the storage yard shall be covered with slate, slag or alternate dust-, weed- and mudretardant material acceptable to the Approving or Appeal Authority. Any stormwater or other runoff from the site shall be contained on the site and disposed of through an on-site drainage system, in conformance with City regulations to enforce the requirements of the National Pollutant Discharge Elimination Systems (NPDES) permit.
F. All other applicable requirements of the underlying zone, and any applicable overlay zone or specific plan, whichever is most restrictive, shall prevail and other requirements as may be imposed by the Approving or Appeal Authority pursuant to the discretionary permit process.
G. The business shall be operated in compliance with the provisions of Noise Control (Title 7 of this the Riverside Municipal Code).
H. Lighting shall be provided in accordance with Chapter 19.556 of this Titlethe Zoning Code.
I. All areas utilized for storage shall be graded and drained so as to dispose of all surface water in a manner consistent with water quality control standards enforced by the Public Works Department.
J. All such areas shall be maintained in good repair, in a clean, neat and orderly condition.
K. All such areas shall be provided with internal circulation, safe entrances and exits meeting the established standards and specifications of the Planning Division and Public Works Department. (Ord. 7331 §63, 2016; Ord. 6966 §1, 2007)
19.415.040 Modifications.
Modifications to the above site location, operation and development standards may be considered in conjunction with the required Conditional Use Permit.
(Ord. 7331 §63, 2016)
Chapter 19.420 VEHICLE REPAIR FACILITIES
19.420.010 Purpose.
19.420.020 Applicability and permit requirements.
19.420.030 Site location, operation and development standards.
19.420.040 Other applicable regulations.
19.420.050 Modifications.
19.420.010 Purpose.
The purpose of regulating vehicle repair facilities is to ensure compatibility of such uses with surrounding uses and properties and to avoid any impacts associated with such uses. (Ord. 7331 §64, 2016; Ord. 6966 §1, 2007)
19.420.020 Applicability and permit requirements.
Vehicle repair facilities, both "major" and "minor," 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 Cchapter.
(Ord. 7331 §64, 2016; Ord. 6966 §1, 2007)
19.420.030 Site location, operation and development standards.
The standards set forth in Article V, Base Zones and Related Use and Development Provisions, shall apply to vehicle repair facilities, unless otherwise specified here.
A. The minimum site area shall be one-half acre (net).
B. The facility shall have direct access to an existing or planned arterial or collector street, as designated on the General Plan - Master Plan of Roadways (Figure CCM-4).
C. Service bays shall be oriented to minimize their visibility from public rights-of-way and residential areas.
D. A minimum six-foot-high decorative masonry wall shall be erected along all property lines adjacent to any property zoned for residential use or the Office (O) Zone, except that the wall shall be reduced to three feet adjacent to residential front yard setbacks and as may be required to meet corner cut-off requirements at street intersections.
E. Any setback adjacent to a public street shall be fully landscaped.
F. Buildings located adjacent to property zoned for residential use shall be constructed to meet exterior sound level limits required by Title 7 of thisthe Municipal Code.
G. All repair work shall be conducted within an enclosed building or shall be fully screened by a minimum six-foot-high decorative masonry wall.
H. Outdoor storage of merchandise and use of equipment shall be permitted if fully screened by a minimum six-foot-high decorative masonry wall and the sound of the equipment can be insulated to meet the requirements of Title 7 of thisthe Municipal Code.
I. Outdoor display of merchandise shall not be permitted.
J. A minimum ten-foot landscaped setback shall be provided adjacent to public streets, unless the prevailing setback along the same block face is greater than ten feet, in which case the setback shall be no less than the average of the setbacks of existing buildings along the same block face.
K. Adequate vehicle parking and maneuvering areas shall be provided to allow for safe internal and external circulation patterns.
L. Inoperable vehicles shall not be stored on the property longer than 30 days. (Ord. 7331 §64, 2016; Ord. 6966 §1, 2007)
19.420.040 Other applicable regulations.
When uses are combined the more restrictive standards of a subject use will apply.
A. Vehicle fuel station activities conducted on site, where permitted, shall be subject to conditions imposed through the discretionary permit review process. At a minimum, vehicle fuel station activities shall be conducted in accordance with the provisions of Chapter 19.410 (Vehicle Fuel Station Facilities) of this Titlethe Zoning Code.
B. Vehicle wash facilities and activities conducted on site, where permitted, shall be subject to conditions imposed through the discretionary permit review process. At a minimum, vehicle wash facilities shall be conducted in accordance with the provisions of Chapter 19.425 (Vehicle Wash Facilities) of this Titlethe Zoning Code.
C. Drive-thru businesses and activities conducted on site, where permitted, shall be subject to conditions imposed through the discretionary permit review process. At a minimum, drive thru businesses shall be conducted in accordance with the provisions of Chapter 19.475 (Drive thru Businesses) of this Titlethe Zoning Code.
(Ord. 7331 §64, 2016; Ord. 6966 §1, 2007)
19.420.050 Modifications.
Modifications to the above site location, operation and development standards may be considered in conjunction with the required Minor Conditional Use Permit or Conditional Use Permit, as applicable.
Where a vehicle repair facility is a permitted use pursuant to Article V, Base Zones and Related Use and Development Provisions, any modifications to the above site location, operation and development standards will require consideration of a Minor Conditional Use Permit. (Ord. 7331 §64, 2016)
Chapter 19.425 VEHICLE WASH FACILITIES
19.425.010 Purpose.
19.425.020 Applicability and permit requirements.
19.425.030 Site location, operational and development standards.
19.425.040 Other applicable regulations.
19.425.050 Modifications.
19.425.010 Purpose.
The purpose of regulating vehicle wash facilities is to ensure compatibility of such uses with surrounding uses and properties and to avoid any impacts associated with such uses. (Ord. 7331 §65, 2016; Ord. 6966 §1, 2007)
19.425.020 Applicability and permit requirements.
Vehicle wash facilities, 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 Cchapter.
(Ord. 7331 §65, 2016; Ord. 6966 §1, 2007)
19.425.030 Site location, operational and development standards.
The standards set forth in Article V, Base Zones and Related Use and Development Provisions, shall apply to all vehicle wash facilities unless otherwise specified here.
A. All equipment, supplies and activities associated with this use shall be contained within an enclosed building with only sufficient openings for ingress and egress of automobiles. This includes the washing, machine drying and any other procedure incidental to automobile washing and cleaning; however, outside manual drying may be done if screened from public view.
B. The facility shall have direct access to an existing or planned arterial or collector street, as designated on the General Plan—Master Plan of Roadways (Figure CCM-4).
C. The internal traffic circulation pattern shall be designed so as to preclude traffic congestion on public streets in the vicinity and to provide safe ingress, egress and movement of traffic on the site.
D. A minimum ten-foot landscaped setback shall be provided adjacent to any public street.
E. The noise level generated by the facility shall not exceed the limits set forth in Title 7 of thisthe Municipal Code. Evidence that the facility is designed to meet this requirement shall be submitted
in a written report prepared by an acoustical engineer licensed by the State of California submitted with the application for a discretionary permit.
F. Any water flow resulting from the use of the washing facilities shall be confined to the car wash site and disposed of through an on-site drainage system in accordance with applicable laws.
G. The facility shall be designed and operated, including the bay openings and vacuum areas, to minimize traffic, noise and aesthetic impacts to surrounding properties and public view.
H. Provisions shall be made for regular on-site maintenance and clean-up of the property.
I. A security plan, including limiting the hours of operation, may be required. (Ord. 7331 §65, 2016; Ord. 6966 §1, 2007)
19.425.040 Other applicable regulations.
When uses are combined the more restrictive standards of a subject use will apply.
A. Vehicle fuel station activities conducted on site, where permitted, shall be subject to conditions imposed through the discretionary permit review process. At a minimum, vehicle fuel station activities shall be conducted in accordance with the provisions of Chapter 19.410 (Vehicle Fuel Station Facilities) of this Titlethe Zoning Code.
B. Vehicle repair facilities and activities conducted on site, where permitted, shall be subject to conditions imposed through the discretionary permit review process. At a minimum, vehicle repair facilities shall be conducted in accordance with the provisions of Chapter 19.420 (Vehicle Repair Facilities) of this Titlethe Zoning Code.
C. Drive-thru businesses and activities conducted on site, where permitted, shall be subject to conditions imposed through the discretionary permit review process. At a minimum, drive thru businesses shall be conducted in accordance with the provisions of Chapter 19.475 (Drive thru Businesses) of this Titlethe Zoning Code.
(Ord. 7331 §65, 2016; Ord. 6966 §1, 2007)
19.425.050 Modifications.
Modifications to the above site location, operation and development standards may be considered in conjunction with the required Conditional Use Permit.
(Ord. 7331 §65, 2016)
Chapter 19.427 VEHICLE WHOLESALE BUSINESS
19.427.010 Purpose.
19.427.020 Applicability and permit requirements.
19.427.030 Site location, operation and development standards.
19.427.040 Other applicable requirements.
19.427.050 Modifications.
19.427.010 Purpose.
The purpose of regulating vehicle wholesale businesses is to ensure compatibility of such uses with surrounding uses and properties and to avoid any impacts associated with such uses. (Ord. 7331 §66, 2016; Ord. 7151 §3, 2012)
19.427.020 Applicability and permit requirements.
Vehicle wholesale businesses, 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 Cchapter.
(Ord. 7331 §66, 2016; Ord. 7151 §3, 2012)
19.427.030 Site location, operation and development standards.
The standards set forth in Article V, Base Zones and Related Use and Development Provisions, shall apply to Vehicle Wholesale Businesses, unless otherwise specified here.
A. No automobile wholesale business with outdoor storage of vehicles shall be closer than 300 feet to a residential dwelling, public or private school, day care center, hospital, or public park, as measured from the subject site's property line to the nearest property line of the residence(s), school, day care center, hospital or park site.
B. The site shall be adequate in size to accommodate said use and to accommodate all yards, walls, parking, landscaping and other required improvements.
C. The use shall not be located within 300 feet of any other automobile wholesale business as measured from the nearest exterior property lines containing the uses.
D. The site shall be served by streets of adequate width and pavement type to accommodate the volume and type of traffic generated by the proposed use.
E. The property on which the use is conducted shall not exceed five acres in size.
F. All sales transactions shall be conducted within a completely enclosed building.
G. No repair of vehicles is permitted, except as allowed by the underlying zone.
H. All vehicles need to be in operable condition.
I. The site shall be developed with permanent related buildings. No trailers or temporary modular units are permitted.
J. Building(s), parking and vehicle maneuvering areas shall provide adequate provisions for safe circulation within the site and into and out of the site.
K. Service bays, if permitted, shall be designed or oriented so as to not to be readily visible from the public right-of-way.
L. Outdoor lighting shall be provided in accordance with Chapter 19.556 of this Titlethe Zoning Code.
M. Setbacks for fueling portion of the operation, building and structures shall be provided in accordance with Section 19.410 (Vehicle Fuel Stations) of this Titlethe Zoning Code.
N. There shall be a minimum 20-foot landscaped setback adjacent to public streets, unless the setback of the zone is greater. The remainder of the site shall be landscaped a minimum of five percent beyond the required setbacks.
O. Outdoor storage shall be permitted in compliance with Chapter 19.510 (Outdoor Storage) of this Titlethe Zoning Code. Vehicles shall be screened from public view per the outdoor storage chapter.
P. Trash enclosures shall be provided in accordance with Planning Division and Public Works Department requirements and standard designs.
Q. Signs shall be permitted in compliance with Chapter 19.620 (Signs) of this Titlethe Zoning Code.
R. Additional conditions can be applied through the conditional use permit process as necessary to further improve the site design, operational characteristics, and land use compatibility of individual projects.
S. The hours of operation shall be evaluated on a case-by-case basis. (Ord. 7331 §66, 2016)
19.427.040 Other applicable requirements.
When uses are combined the more restrictive standards of a subject use will apply.
A. Vehicle fuel stations conducted on site, where permitted, shall be subject to conditions imposed through the discretionary permit review process. At a minimum, vehicle fuel station activities shall be conducted in accordance with the provisions of Chapter 19.410 (Vehicle Fuel Station Facilities) of this Titlethe Zoning Code.
B. Vehicle repair facilities and activities conducted on site, where permitted, shall be subject to conditions imposed through the discretionary permit review process. At a minimum, vehicle repair facilities shall in accordance with the provisions of Chapter 19.420 (Vehicle Repair Facilities) of this Titlethe Zoning Code.
C. Vehicle wash facilities and activities conducted on site, where permitted, shall be subject to conditions imposed through the discretionary permit review process. At a minimum, vehicle repair facilities shall in accordance with the provisions of Chapter 19.425 (Vehicle Wash Facilities) of this Titlethe Zoning Code.
(Ord. 7331 §66, 2016; Ord. 7151 §3, 2012)
19.427.050 Modifications.
A. Modifications to site location, operation and development standards A, C, E, F, G, I, J, M, and N above for indoor vehicle wholesale businesses of less than 5,000 square feet will require consideration of a Minor Conditional Use Permit.
B. Modifications to site location, operation and development standards A, C, E, F, G, I, J, M, and N above for indoor and outdoor vehicle wholesale businesses in excess of 5,000 square feet may be considered in conjunction with the required Conditional Use Permit. (Ord. 7331 §66, 2016)
Chapter 19.430 VETERINARY SERVICES
19.430.010 Purpose.
19.430.020 Applicability and permit requirements.
19.430.030 Site location, operation and development standards.
19.430.040 Modifications.
19.430.010 Purpose.
The purpose of regulating veterinary services is to ensure compatibility of such uses with surrounding uses and properties and to avoid any impacts associated with such uses. (Ord. 7331 §67, 2016; Ord. 6966 §1, 2007)
19.430.020 Applicability and permit requirements.
Veterinary services, 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 requirement contained in this Cchapter.
(Ord. 7331 §67, 2016; Ord. 6966 §1, 2007)
19.430.030 Site location, operation and development standards.
The standards set forth in Article V, Base Zones and Related Use and Development Provisions shall apply to veterinary services unless otherwise specified here.
A. Veterinary services involving clinics and small animal hospitals.
1. The use of the building space shall be restricted to medical treatment and incidental care such as bathing, the trimming of common household pets on an outpatient basis only, except that temporary boarding in connection with medical treatment shall be permitted, and except that short-term boarding, defined to be not more than two weeks, may be permitted.
2. The entire use shall be conducted within a totally enclosed and air-conditioned building with no outside runs.
3. The building space shall be adequately soundproofed to assure that no noise will carry beyond the confines of the building or space that the use would occupy. Evidence that the facility is designed to meet Title 7 requirements shall be submitted in a written report prepared by an acoustical engineer licensed by the State of California and shall be submitted with the application for a discretionary permit.
B. Veterinary services involving clinics incidental to pet stores.
1. The primary business shall involve the sale of pet supplies, small animals, and other items typically available at pet stores. However, a maximum of 20 percent of the gross floor area of the store may be used as a veterinary clinic for purposes such as vaccinations and care of minor injuries and illnesses.
2. Except for pets offered for sale or the temporary boarding in connection with medical treatment, no overnight stays shall be allowed.
3. The entire use shall be conducted within a totally enclosed and air-conditioned building with no outdoor uses.
4. The building space shall be adequately soundproofed to assure that no noise will carry beyond the confines of the building or space that the use would occupy. Evidence that the facility is designed to meet Title 7 requirements shall be submitted in a written report prepared by an acoustical engineer licensed by the State of California and shall be submitted with the application for a discretionary permit.
(Ord. 7331 §67, 2016; Ord. 6966 §1, 2007)
19.430.040 Modifications.
No modifications to the above site location, operation or development standards shall be permitted. (Ord. 7331 §67, 2016; Ord. 6966 §1, 2007)
Chapter 19.435 WAREHOUSING AND DISTRIBUTION FACILITIES
19.435.010 Purpose.
19.435.020 Applicability and permit requirement.
19.435.030 Site location, operation and development standards.
19.435.040 Modifications.
19.435.010 Purpose.
The purpose of regulating warehousing and distribution facilities is to ensure compatibility of such uses with surrounding uses and properties and to avoid any impacts associated with such uses. It is the intent of this Cchapter to implement the Good Neighbor Guidelines for Siting New and/or Modified Industrial Facilities adopted by the City Council on November 10, 2020 and implement the statutory requirements of California Government Code § 65098 otherwise known as Assembly Bill 98. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1055983&datasource=ordbank" web="yes">7541</ulink>, § 8(Exh. D), 2020)
19.435.020 Applicability and permit requirement.
For any new or modified warehousing and distribution facility, as defined in Article X (Definitions), the provisions of California Government Code § 65098 shall apply, as required by state law. For any new or modified warehousing and distribution facility, as defined in Article X (Definitions), the provisions of this California Government Code § 65098 shall apply, as required by state law. In the event of a conflict between the provisions of this Chapter and § 65098, or if this Chapter addresses a matter not covered by § 65098, the more stringent provision shall govern.
1. Warehousing and distribution facilities, as defined in Article X (Definitions), are permitted as set forth in Article V, Base Zones and Related Use and Development Provision, subject to the requirements contained in this Cchapter.
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1055983&datasource=ordbank" web="yes">7541</ulink>, § 8(Exh. D), 2020)
19.435.030 Development standards.
The standards set forth in this Cchapter, shall apply to any new or modified warehousing and distribution facility.
A. Warehousing and distribution facilities 10,000 square feet or less.
1. Driveways, loading areas, docks, truck wells and internal circulation routes shall be oriented away from residential neighborhoods, schools, parks, playgrounds, day care centers, nursing homes, hospitals or other public places to the maximum extent feasible.
2. Loading areas, docks, truck wells and outdoor storage areas shall be fully screened from view of residential neighborhoods, schools, parks, playgrounds, day care centers, nursing homes, hospitals or other public places and from public rights-of-way with buildings, freestanding walls and fences, landscaping or other means to the satisfaction of the Approving Authority.
Where loading areas, docks, truck wells and outdoor storage areas are located adjacent to a Residential Zone or use, they shall be fully screened from view of the adjacent Residential Zone or use by means of a solid wall with a minimum height of eight feet as measured from the finished grade of the adjacent Residential Zone or use.
3. Operations, including loading, unloading, staging and storage of trucks and trailers, shall comply with Title 7 (Noise) of this Code.
B. Warehousing and distribution facilities larger than 10,000 square feet and less than 100,000 square feet.
1. Driveways, loading areas, docks, truck wells and internal circulation routes shall be oriented away from residential neighborhoods, schools, parks, playgrounds, day care centers, nursing homes, hospitals or other public places to the maximum extent feasible.
2. Loading areas, docks, truck wells and outdoor storage areas shall be fully screened from view of residential neighborhoods, schools, parks, playgrounds, day care centers, nursing homes, hospitals or other public places and from public rights-of-way with buildings, freestanding walls and fences, landscaping or other means to the satisfaction of the Approving Authority.
Where loading areas, docks, truck wells and outdoor storage areas are located adjacent to a Residential Zone or use, they shall be screened from view of the adjacent Residential Zone or use by means of a solid wall with a minimum height of eight feet as measured from the finished grade of the adjacent Residential Zone or use.
3. Operations, including loading, unloading, staging and storage of trucks and trailers, shall comply with Title 7 (Noise) of this Code.
4. Idling of trucks queued or operated on site shall not exceed five minutes.
5. Where transport by temperature-controlled trucks or trailers is proposed, on-site electrical hookups shall be provided at loading docks. Idling or use of auxiliary truck engine power to power climatecontrol equipment shall be prohibited.
C. Warehousing and distribution facilities 100,000 square feet and larger.
1. Driveways, loading areas, docks, truck wells and internal circulation routes shall be oriented away from residential neighborhoods, schools, parks, playgrounds, day care centers, nursing homes, hospitals or other public places.
2. Loading areas, docks, truck wells and outdoor storage areas shall be screened from view of residential neighborhoods, schools, parks, playgrounds, day care centers, nursing homes, hospitals or other public places and from public rights-of-way with buildings, freestanding walls and fences, landscaping or other means to the satisfaction of the Approving Authority.
Where loading areas, docks, truck wells and outdoor storage areas are located adjacent to a Residential Zone or use, they shall be screened from view of the adjacent Residential Zone or use by means of a solid wall with a minimum height of eight feet as measured from the finished grade of the adjacent Residential Zone or use.
3. Sufficient aisle space shall be provided on-site to accommodate the on-site queuing of trucks as determined by a Traffic Impact Analysis, if required. Queuing lanes or aisles shall not obstruct regular vehicular or pedestrian circulation or emergency equipment access.
4. Operations, including loading, unloading, staging and storage of trucks and trailers, shall comply with Title 7 (Noise) of this Code.
5. Idling of trucks queued or operated on site shall not exceed five minutes.
6. On-site electrical hookups shall be provided at loading docks. Idling or use of auxiliary truck engine power to power climate-control equipment shall be prohibited.
7. Warehousing and distribution facilities generating 150 or more truck trips per day, as determined by the most recent Institute of Transportation Engineers (ITE) Trip Generation Rate for the specific proposed land use, shall prepare a Health Risk Assessment in accordance with South Coast Air Quality Management District (SCAQMD) Guidelines.
Table 19.435.030.A
Warehousing and Distribution Facilities Development Standards Development
Standards
BMP I AIR Notes,
Exceptions, and
Special
Provisions
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 sensitive
receptor6,7,8
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
buildings meet
the FAR
established in
Table
19.435.030.B.
a. Within 200
feet of a sensitive
receptor6,7
10,000 sq. ft. 10,000 sq. ft. 10,000 sq. ft.
b. 200-800 feet
of a sensitive
receptor6,7
100,000 sq. ft. 100,000 sq. ft. 100,000 sq. ft.
c. 800-1,500 feet
of a sensitive
receptor
400,000 sq. ft. 400,000 sq. ft. 400,000 sq. ft.
d. 1,500 feet or
more6,7
Per FAR Per FAR Per FAR
Front Yard
Setback –
Minimum5
- 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 -
Minimum
- - -
a. Interior Side 0 ft. 0 ft. 0 ft.
b. Adjacent to a
sensitive
receptor6,7
60 60 60 At least 20 feet
of the minimum
side yard setback
area directly
adjacent to a
sensitive
receptor shall be
fully landscaped.
c. Street side Same as Front
Yard
20 ft. 15 ft. Minimum 10
feet fully
landscaped.
Rear Yard
Setback -
Minimum
- - -
a. Rear Yard 0 ft. 0 ft. 15 ft.
b. Adjacent to a
sensitive
receptor6,7
60 ft. 60 ft. 60 ft. At least 20 feet
of the minimum
rear yard setback
area directly
adjacent to a
sensitive
receptor or use
shall be fully
landscaped.
c. Adjacent to
Streets
Same as Front
Yard
20 ft. 20 ft. Minimum 10
feet fully
landscaped.
Table 19.435.030.B
BMP, I and AIR Industrial Zones Floor Area Ratio Table
Distance
from
Sensitive
Receptor
Lot Size
< 2 Aacres 2-4 Acres >4 Acres
BMP I AIR BMP I AIR BMP I AIR
< 200
feet
.50 .50 .60 .35 .35 .60 .25 .25 .60
< 800
feet
.75 .60 .60 .50 .50 .60 .35 .35 .60
< 1,500
feet
1.5 .60 .60 1.0 .60 .60 .75 .60 .60
>1,500
feet
1.5 .60 .60 1.5 .60 .60 1.5 .60 .60
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 Zone.
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 master 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 front yard setback of 50 feet shall be required and maintained wherever a lot or parcel in any industrial zone abuts or is adjacent to a lot or parcel identified as sensitive receptor.
6. Except where the site is separated from such sensitive receptor by a freeway.
7. Measured from the sensitive receptor property line to the front most wall of the nearest warehouse building.
8. A sensitive receptor includes a residential zone or use; K-12 public, private and charter school; designated parks and open space; adult and child day care facilities; assisted living facilities and hospitals as defined by Article X - Chapter 19.910 - Definitions. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1055983&datasource=ordbank" web="yes">7541</ulink>, § 8(Exh. D), 2020)
19.435.040 Site planning standards.
A. All warehousing and distribution facilities shall comply with the following.
1. The development project shall comply with the 21st Century or Tier 1 21st Century Warehouse standards as set forth in California Government Code § 65098 including but not limited to:
a. Adhering to the most current building energy efficiency standards of the CA Green Building Code.
b. Complying with truck loading bay location requirements. c. Integration of truck entrance and exits and internal circulation requirements.
2. Any new facility shall be located on roadways that meet the following street classifications as defined by the City’s General Plan Circulation Element consistent with California Government Code § 65098:
a. Arterial roads.
b. Collector roads.
cd. Local roads that predominantly serve commercial, agricultural, or industrial uses.
3. Driveways, loading areas, docks, truck wells and internal circulation routes shall be oriented away from sensitive receptors to the maximum extent feasible.
4. Loading areas, docks, truck wells and outdoor storage areas shall be fully screened from view of sensitive receptors and from public rights-of-way with buildings, freestanding walls and fences, landscaping or other means to the satisfaction of the Approving Authority. Where loading areas, docks, truck wells and outdoor storage areas are located adjacent to a sensitive receptor, they shall be fully screened from view of the adjacent sensitive receptor by means of a solid wall with a minimum height of 10 feet as measured from the finished grade of the adjacent sensitive receptor.
5. Operations, including loading, unloading, staging and storage of trucks and trailers, shall comply with Title 7 (Noise) of this Code.
6. Idling of trucks queued or operated on site shall not exceed five minutes.
7. Sufficient aisle space shall be provided on-site to accommodate the on-site queuing of trucks as determined by a Traffic Impact Analysis, if required. Queuing lanes or aisles shall not obstruct regular vehicular or pedestrian circulation or emergency equipment access.
8. Where transport by temperature-controlled trucks or trailers is proposed, on-site electrical hookups shall be provided at loading docks. Idling or use of auxiliary truck engine power to power climate-control equipment shall be prohibited.”
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1055983&datasource=ordbank" web="yes">7541</ulink>, § 8(Exh. D), 2020)
19.435.050 Site planning standards.
A. Health Risk Assessment. A Health Risk Assessment (HRA) shall be prepared in accordance with the South Coast Air Quality Management District (SCAQMD) Guidelines when the following apply:
1. The new development or substantial enlargement of a warehousing and distribution facility is within 1,000 feet of a sensitive receptor.
2. The new development or substantial enlargement of a warehousing and distribution facility generates 150 or more truck trips per day, as determined by the most recent Institute of Transportation Engineers (ITE) Trip Generation Rate for the specific proposed land use.
B. Specific Plan Consistency. For new development within 1,500 feet of sensitive receptor in a specific plan district requiring a Minor Conditional Use Permit or Conditional Use Permit, the development
standards of Table 19.435.030.A and Table 19.435.030.B shall prevail unless the specific plan district standards are more restrictive.
C. Walls. Wherever a lot or parcel in any industrial zone abuts a sensitive receptor or abuts an alley that separates the industrial zone from a sensitive receptor, a minimum ten-foot-high solid masonry wall shall be constructed along the property line or alley right-of-way line separating the project site from the sensitive receptor. Wall height shall be measured from the finished grade of the adjacent sensitive receptor.
1. Such wall shall be limited in height to three feet in any required front yard or street side yard setback area.
2. Such wall shall not be required until the industrially zoned lot or parcel is developed with a permitted use.
D. Outdoor display and storage. Except for the outdoor storage and display of aircraft, outdoor display and storage shall not be permitted except as specified in 19.285 (Outdoor Storage Yard), 19.500 (Outdoor Display of Incidental Plant Materials), 19.505 (Outdoor Display and Sales – Incidental) and 19.510 (Outdoor Storage—Incidental).
E. Use of interior rear and side yards for off-street parking and loading. Except for required landscape areas, required interior rear yards and side yards may be used for off-street parking, off-street loading, outdoor storage incidental to a permitted use, and any use permitted in the required front yard area; provided such loading, parking and storage areas are acoustically shielded and screened from adjacent Residential Zones or uses and the public right-of-way, to the satisfaction of the Community & Economic Development Director or his/her designee.
F. Lighting. Lighting for signs, structures, landscaping, parking areas, loading areas and the like, shall comply with the regulations set forth in Section 19.590.070 (Light and Glare) and the provisions of Chapter 19.556 (Outdoor Lighting).
G. Screening of mechanical equipment. All roof-supported or ground-supported mechanical equipment and utility equipment shall comply with the regulations set forth in Chapter 19.555 (Outdoor Equipment Screening).
H. Landscaping.
1. Front and side yard areas.
a. Landscaping adjacent to streets and sensitive receptors shall be suitably landscaped and continuously maintained as set forth in Chapter 19.570 (Water Efficient Landscaping and Irrigation).
b. Such landscape areas shall not be used for off-street parking, loading, storage or accessory buildings.
2. Buffering between uses.
a. Any new or modified warehousing and distribution facility shall provide a landscaped buffer whenever a project site is within 900 feet of a sensitive receptor per California Government Code § Section 65098.
I. Performance standards. All warehousing and distribution facilities shall comply with the performance standards set forth in Chapter 19.590 (Performance Standards) for industrial uses.
J. Parking and loading requirements. Parking areas shall be provided as set forth in Chapter 19.580 (Parking and Loading).
K. Trash receptacles and enclosures.
1. All trash storage areas shall be located so as to be convenient to the users and where associated odors and noise will not adversely impact the users.
2. The provisions of Chapter 19.554 (Trash/Recyclable Materials Collection Area Enclosures) regarding requirements for the screening of trash receptacles shall apply.
L. Truck Routing Plan. Prior to the issuance of a certificate of occupancy, the development operator shall establish and submit for approval to the Approving Authority, a truck routing plan to and from the state highway system based on the latest truck route map of the City as determined by the City’s General Plan Circulation Element.
M. Project Notification Requirements.
a. The notification radius for any new warehousing and distribution facility shall be extended to 1,000 feet.
b. All other project notification requirements shall abide by the standards set forth in Chapter
19.670 – Public Hearings and Notice Requirements.
N. Replacement Housing. Replacement housing and rental assistance shall be required per California Government Code § Section 65098.6.
19.435.060 Design review required.
No new building, structure or sign or exterior alteration or enlargement of an existing building, structure or sign shall be commenced for any warehousing and distribution facility until design review approval has been granted pursuant to Chapter 19.710 (Design Review).
19.435.070 Warehousing, storage.
Warehousing, storage as defined by Article X (definitions) shall abide by the standards of Chapter 19.130.
For any warehousing, storage, the building or portion thereof must not occupy more than 15% of the cumulative floor area and must not generate a maximum of 10 trips a day. Warehousing, storage may include ground level loading doors on one or more sides of the building not to exceed more than four (4) dock high loading doors total.
19.435.080 Modifications.
Modifications to the above site location, operation and development standards may be considered in conjunction with the required Minor Conditional Use Permit or Conditional Use Permit, as applicable.
DIVISION II. - SPECIFIC INCIDENTAL LAND USES
DIVISION II. SPECIFIC INCIDENTAL LAND USES
Chapter 19.440 ACCESSORY BUILDINGS AND STRUCTURES
19.440.010 Purpose.
19.440.020 Applicability and permit requirements.
19.440.030 Site location, operation and development standards.
19.440.010 Purpose.
The purpose of regulating accessory buildings and structures is to ensure compatibility of such uses with surrounding uses and properties and to avoid any impacts associated with such uses. (Ord. 7331 §68, 2016; Ord. 6966 §1, 2007)
19.440.020 Applicability and permit requirements.
Accessory buildings and structures, as defined in Article X (Definitions) are permitted as set forth in Article V, Base Zones and Related Uses and Development Provisions subject to the requirements contained in this Cchapter.
A. Accessory structures shall be permitted in accordance with Article V Table 19.150.020.B (Incidental Uses Table). Single-story, detached, accessory buildings used as tool and storage sheds, playhouses, or similar use, may be exempt from building permits, provided the floor area does not exceed 120 square feet and the height does not exceed ten feet and is specifically exempted by the California Building Code.
(Ord. 7331 §68, 2016; Ord. 6966 §1, 2007)
19.440.030 Site location, operation and development standards.
These standards supplement the standards for the zone in which the accessory use is located. If an accessory structure is attached to the principal building, such structure shall comply with the development standards for the principal building.
A. No accessory structure shall be permitted unless a principal building exists and is occupied by the use intended.
B. Accessory structures shall not cover more than 35 percent of the required side or rear yard setback area.
C. Accessory structures shall be located a minimum of five feet from the principal building or the distance required by the Building Code, whichever is greater. Eave line separation from the principal building shall conform to the provisions of the Building Code. Accessory structures
located less than five feet from the primary building shall be considered "attached" and must meet the setbacks of the underlying zone.
D. Garage and carport accessory structures with direct access from an alley shall be located a minimum of 25 feet from the opposite boundary line of the alley.
E. Accessory structures within the single-family residential zones shall comply with the following additional regulations.
1. Setbacks.
a. Front yard.
i. Accessory structures shall not be located within the front yard setback. ii. For properties in any single-family residential zone except the RA-5 and RC zones, on lots of at least ½-acre or 21,780 square feet, the following types of accessory structures are permitted outside of the front yard setback area:
(1) Open structures with a solid roof (i.e., patio cover, gazebo) (2) Open roof structure (i.e., pergola)
(3) Architectural design features (i.e., water features) iii. For all other properties, accessory structures shall be located no closer to the front lot line than the front-most wall of the dwelling nearest the front lot line. b. Interior Side and Rear Yards.
i. The interior side and rear yard setback shall be five feet for a single-story accessory structure.
ii. The interior side and rear yard setback shall be the same as that which applies to primary structures for two-story accessory structures or accessory structures exceeding 20 feet in height.
iii. The street side yard setback for an accessory structure shall be the same as the street side setback of the underlying zone.
2. Size limits for accessory structures.
a. All metal accessory structures shall be limited to a maximum total floor area of 120 square feet in the RR, RE, and R-1 Zones.
b. Accessory structures shall be limited to a maximum floor area of 750 square feet on lots less than one-half acre in the RR, RE, and R-1 Zones.
i. Exceptions. There is no size limit for accessory structures in the following instances:
(1) In the RC, RA-5, R-3 or R-4 Zones.
(2) On lots one-half acre or greater in the RR, RE, and R-1 Zones. (3) When built in conjunction with a Planned Residential Development (i.e. clubhouse) or Conditional Use Permit (i.e. assemblies of people - nonentertainment or assisted living).
c. Any accessory structure over five feet in height shall be set back at least five feet from side and rear property lines.
d. Lot coverage. Any accessory structure with a solid roof/cover or enclosed on four sides, shall abide by the lot coverage requirement of the underlying zone.
3. Height limits for accessory structures.
a. Single-story accessory structures shall not exceed 20 feet in overall height and two-story accessory structures shall not exceed 30 feet in overall height.
F. Accessory structures in nonresidential zones shall comply with the following additional regulations.
1. Accessory structures shall be no closer to the front lot line than the front-most wall of the building nearest the front lot line, or 50 feet, whichever distance is less, unless specifically noted by other provisions of this Ttitle (e.g. vehicle fuel station canopies, etc.).
2. Side and rear setbacks shall be the same as the respective setbacks required by underlying zone.
G. Cargo containers in all zones shall comply with the following regulations.
1. In the RA-5 and RR zones, a minimum site area of two acres shall be required to place a cargo container on a property. On such properties, no more than two cargo containers with a maximum combined floor area of 640 square feet shall be permitted.
2. On public and private institutional properties such as schools, parks, recreational facilities and properties Zoned PF, a maximum of 1 cargo container per one acre shall be permitted, notto-exceed a total of 2 cargo containers per property or use. More than two containers may be permitted with the issuance of a minor conditional use permit.
3. In the CG, BMP, I, AI, AIR, and RWY Zones, a maximum of four cargo containers per property or use is permitted. More than four containers may be permitted with the issuance of a minor conditional use permit.
4. Cargo containers shall not be modified by adding windows or electrical, plumbing or mechanical improvements, and shall be considered as non-habitable structures. The addition of roof-mounted ventilation turbines and the replacement or modification of the original doors shall be permitted, however, subject to the approval of the Building Official.
H. Patio covers shall comply with the following regulations.
1. Such structures shall not exceed more than one story in height and shall be erected at least five feet away from any rear or interior side lot line.
2. Such structures shall be unenclosed on at least three sides and shall be entirely open, except for necessary supporting columns. A roof connecting the primary building and the accessory building shall be unenclosed and open on only two sides.
I. Swimming pools and spas shall comply with the following.
1. No swimming pool or spa shall be located in a required front yard setback area.
2. Any swimming pool or spa shall be located at least three feet away from any property line
3. All swimming pools and spas shall conform to all Building Code and Health and Safety Code requirements.
4. Equipment related to a swimming pool, such as a fountain, slide, diving board, etc., shall not exceed five feet in height when located within five feet of a property line. (<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1284848&datasource=ordbank" web="yes">Ord. 7660</ulink>, § 9, 2024; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1248964&datasource=ordbank" web="yes">7652</ulink> § 7, 2023; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1034308&datasource=ordbank"
web="yes">7528</ulink> §1(Exh. A), 2020; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/reordinance.aspx?ordinanceid=1111636&datasource=ordbank" web="yes">7520</ulink> §1(Exh. A), 2020; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=988206&datasource=ordbank" web="yes">7487</ulink> § 14, 11-5-2019; Ord. 7331 §68, 2016; Ord. 7235 §7, 2013; Ord. 7109 §6, 2010; Ord. 6966 §1, 2007)
ARTICLE VII. SPECIFIC LAND USE PROVISIONS
Chapter 19.442 - ACCESSORY DWELLING UNITS (ADU)
Chapter 19.443 - TWO-UNIT DEVELOPMENTS
Chapter 19.445 - AGRICULTURAL FIELD OFFICE
Chapter 19.450 - ALCOHOL SALES
Chapter 19.455 - ANIMAL KEEPING
Chapter 19.465 - CARETAKER LIVING QUARTERS
Chapter 19.470 - RESERVED
Chapter 19.475 - DRIVE-THRU BUSINESSES
Chapter 19.480 - FUELING SYSTEMS—PRIVATE (ABOVE-GROUND TANKS) Chapter 19.485 - HOME OCCUPATIONS
Chapter 19.490 - MINING/MINERAL EXTRACTION
Chapter 19.495 - OUTDOOR DINING AND FOOD PREPARATION (PERMANENT) Chapter 19.500 - OUTDOOR DISPLAY OF INCIDENTAL PLANT MATERIALS Chapter 19.505 - OUTDOOR DISPLAY AND SALES - INCIDENTAL Chapter 19.510 - OUTDOOR STORAGE - INCIDENTAL
Chapter 19.515 - PLAY AREAS INCIDENTAL TO RESTAURANTS
Chapter 19.520 - RENTAL OF ROOMS
Chapter 19.527 - VEHICLE REPAIR—PERSONAL
Chapter 19.530 - WIRELESS TELECOMMUNICATION FACILITIES
Chapter 19.442 ACCESSORY DWELLING UNITS (ADU) *
*Editor's note— Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1169189&datasource=ordbank" web="yes">7592</ulink> § 6(Exh. F), adopted in July 5, 2022, changed the title of Chapter 19.442 from "Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU)" to "Accessory Dwelling Units (ADU)."
19.442.010 Purpose.
19.442.020 Applicability and permit requirements.
19.442.030 Requirements.
19.442.010 Purpose.30
The State of California has identified accessory dwelling units (ADU) and junior accessory dwelling units (JADU) as valuable forms of housing. Movable accessory dwelling units (MADUs) are also recognized throughout the State as a potential option to provide needed housing. The City recognizes the importance of providing housing and balancing that with an attractive living environment for all residents. The availability of ADUs, MADUs and JADUs contributes to local housing and the community's housing 30 Sec. 19.442.010 Purpose. Government Code §§ 65852.2 and 65852.22 were renumbered as shown in 2023. (FOOTNOTE 340 IN EXHIBIT 2)
stock while providing residential uses consistent with the General Plan and Zoning Code. The purpose of this Chapter is to ensure compliance with California Government Code Sections 65852.2 65852.22 66323 and 66336 and minimize impacts to surrounding uses and properties. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1169189&datasource=ordbank" web="yes">7592</ulink>, § 5(Exh. F), 2022; <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1034308&datasource=ordbank" web="yes">Ord. 7528</ulink> § 1(Exh. A), 2020; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/reordinance.aspx?ordinanceid=1111636&datasource=ordbank" web="yes">7520</ulink> § 1(Exh. A), 2020; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=947646&datasource=ordbank" web="yes">7457</ulink> § 1(Exh. A), 2019; Ord. 7408 § 1, 2018)
19.442.020 Applicability and permit requirements.
ADUs, MADUs and JADUs, as defined in Article X (Definitions), are permitted in all residential zones, including all multi-family and mixed-use zones that include an existing or proposed dwelling. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1169189&datasource=ordbank" web="yes">7592</ulink>, § 5(Exh. F), 2022; <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1034308&datasource=ordbank" web="yes">Ord. 7528</ulink> § 1(Exh. A), 2020; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/reordinance.aspx?ordinanceid=1111636&datasource=ordbank" web="yes">7520</ulink> § 1(Exh. A), 2020; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=947646&datasource=ordbank" web="yes">7457</ulink> § 1(Exh. A), 2019; Ord. 7408 § 1, 2018)
19.442.030 Requirements.31
An application for an ADU, MADU or JADU shall demonstrate compliance with all the standards and limitations set forth in this Ssection, to the satisfaction of the Community & Economic Development Director or his/her designee.
A. General.
1. ADUs and JADUs shall comply with State and local building Code requirements for dwellings.
2. MADUs shall meet the requirements as defined in Article X (Definitions).
3. ADUs and JADUs in an historic district shall comply with California Government Codes Sections 66323 and 66336 65852.2 65852.22, and Title 20 of this the Riverside Municipal Code.
4. MADUs are not permitted in any Historic District, Neighborhood Conservation Area or on a lot with a designated Cultural Resources as defined in Title 20. 31 Sec. 19.442.030. Requirements. Government Code §§ 65852.2 and 65852.22 were renumbered as shown in 2023. (FOOTNOTE 341 IN EXHIBIT 2)
5. ADUs, MADUs and JADUs, when rented, must be used for rentals of terms longer than 30 days.
6. No actions to correct zoning nonconformities related to physical improvements are required for ADUs.
7. There shall be no minimum lot size requirement to establish an ADU, MADU or JADU.
8. The floor area of an ADU, MADU or JADU shall not be counted when calculating lot coverage.
9. ADUs may not be sold or otherwise conveyed separate from the primary residence with the exception of a primary dwelling and ADU developed by an IRS recognized 501(c)(3) housing-related nonprofit or a faith-based organization, working with the Housing Authority, whose mission is to provide units to low-income households.
10. For JADUs, a deed restriction shall be recorded, to run with the land and to prohibit the sale of the JADU separate from the sale of the primary dwelling as identified in 19.442.030(F).
B. Location.
1. An ADU, MADU or JADU shall be located on the same lot as the proposed or existing primary dwelling.
2. A MADU shall not be located between the primary dwelling and the street within any front or street side yard.
3. An ADU may be either attached, located within the proposed or existing primary dwelling, or detached from the proposed or existing primary dwelling.
4. If attached, an ADU or JADU must have independent exterior access separate from the proposed or existing primary dwelling.
5. A JADU shall be constructed and located within the walls of the proposed or existing primary dwelling and include:
a. Cooking facilities with appliances, a food preparation counter, refrigeration facilities and storage cabinets that are of reasonable size in relation to the size of the JADU. b. Separate sanitation facilities or shared sanitation facilities with the existing or proposed structure.
C. Setbacks.
1. Attached or Detached - Existing Structures.
a. Existing structures converted to an ADU or JADU, if applicable, shall require no additional setback.
b. Second story ADUs on Existing Structures.
i. No additional setback is required if the second story exists. ii. For a new second story ADU being added to an existing structure, the setbacks of the ADU shall comply with the setbacks of the underlying zone applicable to the primary dwelling.
2. Attached or Detached - New Structures.
a. Side and Rear Setbacks.
i. A minimum side and rear setback of four feet shall be provided for new one-story ADUs and MADUs under 16 feet in height.
ii. For ADUs over 16 feet in height, the side and rear setback shall follow the underlying zone applicable to the primary dwelling.
b. Front and street side setbacks shall be in full compliance with the underlying zone for new ADUs or MADUs.
c. For any ADU located on the second floor of any new structure, the setbacks of the ADU shall comply with the setbacks of the underlying zone applicable to the primary dwelling.
3. The side and rear setbacks for an ADU, MADU or JADU must be sufficient for fire and safety.
D. Unit Size.
1. Attached ADUs.
a. The total floor area of an attached ADU, including conversion of existing floor area, shall not exceed 50 percent of the existing or proposed primary dwelling floor area or 1,200 square feet, whichever is less.
b. The total floor area requirements shall not prevent the establishment of an ADU that is at least:
i. 850 square feet for units with one bedroom or less; or ii. 1,000 square feet for units with more than one bedroom .
2. The total floor area of any detached ADU shall not exceed 1,200 square feet.
3. The total floor area of any MADUs shall be between 150 square feet and 430 square feet as measured within the exterior faces of the exterior walls.
4. JADUs shall be no more than 500 square feet in size.
5. The size of an ADU or JADU shall not be less than that of an efficiency dwelling unit, as set forth in Section 1208.4 of the California Building Code.
E. Number of Units.
1. Single-family.
a. The number of dwellings permitted on a lot developed with an existing or proposed singlefamily residence shall be limited to the primary dwelling; one attached or converted ADU; one detached, new construction ADU or MADU; and one JADU. 32b. The number of dwellings permitted on a lot developed pursuant to California Government Code § 65852.21 and 66411.7 and 66441.7, including ADUs, JADUs and MADUs, shall be as set forth in Chapter 19.443 (Two-Unit Developments).
2. Multi-family.
a. Conversion of Existing Structures.
i. At least one ADU, but no more than 25 percent of the existing number of multi-family dwellings, shall be permitted within existing structures on lots with multi-family dwelling structures.
32 Sec. 19.442.030. Requirements. Government Code § 66441.7 does not exist and 66441 deals with statements by an engineer or surveyor for surveys and final maps. It doesn’t appear that 66441.7 or 66441 is the intended citation. (FOOTNOTE 342 IN EXHIBIT 2)
ii. Conversions may include storage rooms, boiler rooms, passageways, attics, basements or garages provided the ADU complies with building standards for dwellings.
b. Construction of New Structures.
i. No more than two new detached ADUs shall be permitted on a lot that has a proposed multi-family dwelling.
ii. No more than eight new detached ADUs shall be permitted on a lot that has an existing multi-family dwelling, not to exceed the number of existing units on the lot. c. MADUs are not permitted.
F. Owner Occupancy.
a. On a single lot with a primary dwelling and ADU/MADU, neither is required to be owneroccupied. b. On a single lot, one JADU is allowed if the primary dwelling or JADU is owner-occupied which shall be recorded with the deed restriction.
G. Height.
1. Attached ADUs shall comply with the height restrictions of the underlying zone.
2. Single-story detached ADUs and MADUs shall not exceed 20 feet in height.
3. Two-story detached ADUs and ADUs constructed on the second floor of an existing accessory building, shall not exceed 30 feet in height.
4. In the RC zone, the height of any detached ADU shall not exceed 20 feet and one story in height.
H. Parking.
1. No parking shall be required for an ADU, MADU or JADU.
2. No replacement parking shall be required for the primary dwelling if a garage, carport or covered parking is converted to an ADU.
I. MADU Additional Requirements.
1. MADUs shall not have separate street addresses from the primary dwelling unit.
2. Screening - Wheels and Undercarriage.
a. The undercarriage of any MADU (axles, tongue and hitch) shall be fully screened and hidden from view; and
b. The leveling or support jacks must sit on a paved surface.
3. Mechanical equipment shall be incorporated into the structure and not located on the roof.
4. Materials used on the exterior shall exclude single piece composite, laminates, or interlocked metal sheathing.
5. Windows and Doors.
a. Windows shall be at least double pane glass and labelled for building use and shall include exterior trim.
b. All windows and doors shall not have radius corners.
6. Roofs.
a. Roofs shall be consistent with the architecture of the primary dwelling in term of pitch and roofing materials.; and
b. Roofs shall not be composed of wooden shingles.
7. All exterior walls and roof of a MADU shall be fixed with no slide-outs, tip-outs, or other forms of mechanically articulating room area extensions.
8. Design Elements - A MADU shall be constructed to include the following design elements:
a. Cladding and Trim: Materials used on the exterior shall not be single piece composite, laminates, or interlocked metal sheathing;
b. Windows and Doors: Windows shall be at least double pane glass, labeled for building use, and include exterior trim. Windows and doors shall not have radius comers; c. All mechanical equipment, including heating, ventilation, and air conditioning, shall be incorporated into the structure and not located on the roof; and d. Living Area Extensions: The roof and all exterior walls shall not be fixed with slide-outs, tip-outs, or other forms of mechanically articulating room area extensions J. Utilities.
1. MADUs shall be connected to water, sewer and electric utilities.
2. ADUs shall not be considered a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service unless the ADU is constructed with a new single-family dwelling.
3. A new or separate utility connection, connection fee, or capacity charge shall not be required by the utility provider for an ADU located within the existing primary dwelling unit.
4. A new or separate utility connection, connection fee, or capacity charge shall not be required by the utility provider for an ADU or MADU unless the ADU is constructed concurrently with a new primary dwelling.
5. For new ADUs or MADUs on a lot with an existing primary dwelling unit, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed ADU, based upon either its size or the number of its plumbing fixtures, upon the water or sewer system.
6. ADUs served by a private sewage system shall comply with County Health Department requirements, as applicable.
K. Impact Fees.
1. For ADUs under 750 square feet, no City impact fees shall apply.
2. For ADUs 750 square feet and over, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling unit.
L. Fire sprinklers.
1. Fire sprinklers shall not be required within an ADU or JADU, unless fire sprinklers are provided in the primary dwelling.
2. MADUs are not required to have sprinklers but shall meet the ANSI A119.5 or NFPA 1192 standards relating to health, fire and life-safety.
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1284848&datasource=ordbank" web="yes">Ord. 7660</ulink>, § 10, 2024; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1169189&datasource=ordbank" web="yes">7592</ulink>, § 5(Exh. F), 2022; <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1034308&datasource=ordbank" web="yes">Ord. 7528</ulink> § 1(Exh. A), 2020; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/reordinance.aspx?ordinanceid=1111636&datasource=ordbank" web="yes">7520</ulink> § 1(Exh. A), 2020; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=947646&datasource=ordbank" web="yes">7457</ulink> § 1(Exh. A), 2019; Ord. 7408 § 1, 2018) Chapter 19.443 TWO-UNIT DEVELOPMENTS
19.443.010 Purpose.
19.443.020 Applicability.
19.443.030 Review authority.
19.443.040 Requirements.
19.443.050 Development standards.
19.443.060 Design standards.
19.443.070 Additional requirements.
19.443.080 Noticing.
19.443.090 Variances.
19.443.100 Severability.
19.443.010 Purpose. 33
The purpose of this Cchapter is to establish standards for Two-Unit Developments to ensure compliance with California Government Code § 65852.21 and 66411.7, and 66441.7 otherwise known as Senate Bill 9, while minimizing impacts to surrounding uses and properties. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1169189&datasource=ordbank" web="yes">7592</ulink> § 6(Exh. G), 2022)
19.443.020 Applicability.
Two-unit developments, as defined in Chapter 19.910 (Definitions), are permitted in the R-1, RE, RR, RC, DSP-RES, and NSP-MDR single-family residential zones. 33 Sec. 19.443.010 Purpose. Government Code § 66441.7 does not exist and 66441 deals with statements by an engineer or surveyor for surveys and final maps. It doesn’t appear that 66441.7 or 66441 are the intended citations. (FOOTNOTE 343 IN EXHIBIT 2)
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1169189&datasource=ordbank" web="yes">7592</ulink> § 6(Exh. G), 2022)
19.443.030 Review authority.
Applications for two-unit developments shall be considered ministerially, without discretionary review or a hearing, subject only to permit requirements applicable to the new construction or alteration of residential dwellings, including but not limited to building permits. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1169189&datasource=ordbank" web="yes">7592</ulink> § 6(Exh. G), 2022)
19.443.040 Requirements.
A two-unit development made pursuant to California Government Code Section 65852.21 shall conform with the following requirements, pursuant to Government Code Section 65852.21 (a) and Section 65913.4(a)(6):
A. Location. A parcel for a two-unit development or urban lot split shall:
1. Be located within a Single-Family Zone (R-1, RE, RR, RC, DSP-RES, or NSP-MDR);
2. Not be located within a Very High Fire Hazard Severity Zone, with the exception of sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development;
3. Not be located within a mapped 100-year floodplain, wetland, recorded Open Space Easement, mapped Arroyo, or identified for habitat conservation as defined in the Western Riverside Multiple Species Habitat Conservation Plan;
4. Not be located within a designated hazardous waste site;
5. Not be located within a Historic District or Neighborhood Conservation Area designated pursuant to Title 20;
6. Not be located on property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code; and
7. Not be located on a site that is designated or listed as a City or County Landmark or Structure of Merit, or other historic property designated pursuant to Title 20 or another City or County ordinance.
B. Eligibility. A parcel is not eligible for a two-unit development if the project would require demolition or alteration of:
1. More than 25% of the exterior walls of a unit that is occupied by a tenant or has been occupied by a tenant at any time in the previous three years;
2. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;
3. Housing that is subject to any form of rent or price control; and