(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §50, 2021; Ord. 7331 §107, 2016; Ord. 6966 §1, 2007) Chapter 19.720 VARIANCE
19.720.010 Purpose.
19.720.020 Applicability.
19.720.030 Procedures.
19.720.040 Required findings.
19.720.050 Conditions of approval/guarantees.
19.720.010 Purpose.
California Government Code Section 65906 establishes the authority of the City to grant variances to the development standards and provisions of this Titlethe Zoning Code in cases where, because of special circumstances applicable to the property, the strict application of this Titlethe Zoning Code deprives such property of privileges enjoyed by other property in the vicinity and under identical land use zones. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1169189&datasource=ordbank" web="yes">7592</ulink> § 10(Exh. K), 2022; Ord. 7331 § 108, 2016; Ord. 6966 § 1, 2007)
19.720.020 Applicability.
A. A variance application shall be filed whenever any deviation from the development standard provisions of this Titlethe Zoning Code is proposed, including, but not limited to, those standards related to height, lot area, yards, open spaces, setbacks, lot dimensions, signs and parking, unless such deviations qualify as administrative adjustments according to Chapter 19.660 (General Application Processing Procedures).
B. Variances may not be approved for uses or activities not otherwise expressly authorized by this Title the Zoning Code. A variance is not a substitute for a zone change, zone text amendment, or conditional use permit.
C. Financial hardship does not represent grounds on which to file a variance application.
D. Variances to use provisions of this Title the Zoning Code are prohibited. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1169189&datasource=ordbank" web="yes">7592</ulink> § 10(Exh. K), 2022; Ord. 7331 § 108, 2016; Ord. 6966 § 1, 2007)
19.720.030 Procedures.
A. General process. Variance applications shall be processed in accordance with the discretionary processing provisions as set forth in Chapters 19.650 (Approving Authority), 19.660 (General Application Processing Procedures), 19.670 (Notices and Hearings), 19.680 (Appeals), 19.690 (Effective Dates) and other applicable cChapters of this Titlethe Zoning Code.
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1169189&datasource=ordbank" web="yes">7592</ulink> § 10(Exh. K), 2022; Ord. 7331 § 108, 2016; Ord. 6966 § 1, 2007)
19.720.040 Required findings.
A. The Director of Community & Economic Development Department, Planning Commission or the City Council may approve a variance when special circumstances applicable to the property, including size, shape, topography, location or surroundings, deprive the property of privileges enjoyed by other property in the vicinity and under identical zoning classification.
B. The following findings are required:
1. The variance does not grant or authorize a use or activity that is not otherwise allowed in the zone.
2. There are practical difficulties or unnecessary hardships created with the strict application of the Code because of the physical circumstances and characteristics of the property that are not shared by other properties in the zone.
3. The variance does not grant special privileges which are not otherwise available to surrounding properties and will not be detrimental to the public welfare or to the property of other persons located adjacent to the subject property and in the vicinity.
C. Failure to make all of the required findings shall require denial of the variance. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1169189&datasource=ordbank" web="yes">7592</ulink> § 10(Exh. K), 2022; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=988206&datasource=ordbank" web="yes">7487</ulink> § 4, 11-5-2019; Ord. 7331 § 108, 2016; Ord. 6966 § 1, 2007)
19.720.050 Conditions of approval/guarantees.
A. In granting a variance, certain safeguards may be required and certain conditions established to protect the public health, safety, convenience and general welfare and to assure that the purposes of this Titlethe Zoning Code shall be maintained with respect to the particular use on the particular site and in consideration of the location, use, building and characteristics and environmental impact of the proposed use and of existing and potential uses within the general area in which such use is proposed to be located.
B. The conditions attached to variance may include such provisions concerning height, area, yards, open spaces, setbacks, parking, loading, signs, improvements, site design, operation characteristic, land use compatibility, general character, appearance, environmental impact, time limits for commencing the construction authorized, revocation dates, and other conditions the Director of Community & Economic Development Department or Planning Commission may deem appropriate and necessary to carry out the purposes of this Titlethe Zoning Code and Chapter. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1169189&datasource=ordbank" web="yes">7592</ulink> § 10(Exh. K), 2022; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=988206&datasource=ordbank" web="yes">7487</ulink> § 5, 11-5-2019; Ord. 7331 § 108, 2016; Ord. 6966 § 1, 2007)
Chapter 19.730 MINOR CONDITIONAL USE PERMIT
19.730.010 Purpose.
19.730.020 Procedures.
19.730.030 Applicability and permit requirements.
19.730.040 Required findings.
19.730.050 Conditions of approval/guarantees.
19.730.060 Minor modifications to approved minor conditional use permits.
19.730.090 Review for compliance and revocation.
19.730.100 Limited term approval.
19.730.110 Voiding of minor conditional use permits.
19.730.010 Purpose.
A. Uses listed in this Titlethe Zoning Code as requiring a minor conditional use permit are deemed to possess location, use, building or traffic characteristics of such unique and special form as to make impractical or undesirable, their automatic inclusion as permitted uses.
B. In granting a minor conditional use permit, certain conditions may be required to protect the public health, safety, convenience, and general welfare and to assure that the purposes of this Titlethe Zoning Code shall be maintained with respect to the location, use, building, traffic and other impacts of the proposed use and its relationship with other existing and proposed uses in the surrounding area. The conditions may relate to use, height, area, yards, open spaces, setbacks, parking, loading, signs, improvements, general character, appearance, time limits, revocation dates, and other conditions necessary to comply with the findings listed in Chapter 19.730.040 (Required Findings) and all applicable site location, operation and development standards. (Ord. 7331 §109, 2016; Ord. 6966 §1, 2007)
19.730.020 Procedures.
A. General process. Minor Conditional Use Permit (MCUP) applications shall be processed in accordance with the discretionary permit processing provisions as set forth in Chapters 19.650 (Approving Authority), 19.660 (General Application Processing Procedures), 19.670 (Notices and Hearings),
19.680 (Appeals), 19.690 (Effective Dates) and other applicable cChapters of this Title the Zoning Code.
(Ord. 7331 §109, 2016; Ord. 6966 §1, 2007)
19.730.030 Applicability and permit requirements.
A. The Approving or Appeal Authority may grant a minor conditional use permit, in accordance with the procedures stated in this Aarticle, for any of the uses specifically listed in this Titlethe Zoning Code as permitted subject to the granting of a minor conditional use permit. Tables 19.150.020.A and B summarize those uses requiring a minor conditional use permit and the applicable base zones.
B. The Staff Application Review Team Development Review Committee may grant an amendment to a previously approved conditional use permit by approval of a MCUP for the following types of additions and expansions:
1. Any building expansion not exceeding 25 percent of the gross floor area of the building area occupied by the conditional use, up to a maximum of 2,000 square feet; and
2. Any expansion of a day care center, club, lodge, educational institution, board and care facility or other similar use, not exceeding 25 percent of the approved occupancy, up to a maximum of 25 occupants.
C. The cumulative total of all additions and expansions grantable by the Staff Application Review Team Development Review Committee under Section 19.730.030 B. may not exceed the figures listed in this Ssection over the life of the minor conditional use permit. Any cumulative addition or expansion that causes any of these figures to be exceeded must be filed as a revised conditional use permit, requiring a new public hearing.
(Ord. 7331 §109, 2016; Ord. 7235 §18, 2013; Ord. 6966 §1, 2007)
19.730.040 Required findings.
The Staff Application Review Team Development Review Committee may grant a minor conditional use permit, in whole or in part, and including appropriate conditions of approval if, from the facts available in the application and determined by investigation, all of the following written findings can be made:
A. The proposed use is substantially compatible with other uses in the area, including factors relating to the nature of its location, operation, building design, site design, traffic characteristics and environmental impacts.
B. The proposed use will not be materially detrimental to the health, safety and general welfare of the public or otherwise injurious to the environment or to the property or improvements within the area.
C. The proposed use will be consistent with the purposes of this Titlethe Zoning Code.
D. The proposed use is in conformance with specific site location, development and operation standards as may be established in this Titlethe Zoning Code for the particular use. (Ord. 7331 §109, 2016; Ord. 6966 §1, 2007)
19.730.050 Conditions of approval/guarantees.
A. In granting a minor conditional use permit, certain safeguards may be required and certain conditions established to protect the public health, safety, convenience and general welfare and to assure that the purposes of this Titlethe Zoning Code shall be maintained with respect to the particular use on the particular site and in consideration of the location, use, building and traffic characteristics and environmental impact of the proposed use and of existing and potential uses within the general area in which such use is proposed to be located.
B. The conditions attached to minor conditional use permits may include such provisions concerning use, height, area, yards, open spaces, setbacks, parking, loading, signs, improvements, site design, operation characteristic, land use compatibility, general character, appearance, environmental impact, time limits for commencing the construction or use authorized, revocation dates, and other conditions
the Staff Application Review Team Development Review Committee may deem appropriate and necessary to carry out the purposes of this Titlethe Zoning Code and Chapter.
C. The Staff Application Review Team Development Review Committee may require bonds or other forms of guarantees for the minor conditional use permit to ensure compliance with this Cchapter and other applicable provisions of the this TitleZoning Code, and to prevent adverse or detrimental impact to the surrounding neighborhood.
D. The conditions of approval must be kept on site and be made available for inspection on demand by a City representative.
E. Minor Conditional Use Permits granted pursuant to the provisions of this Ttitle shall be transferable upon a change of ownership of the site, business, service, use or structures, provided that the use is in substantial conformance with the previously approved use and conditions of the original permit or approval are fully complied with, and the project is not modified or enlarged/expanded. (Ord. 7331 §109, 2016; Ord. 6966 §1, 2007)
19.730.060 Minor modifications to approved minor conditional use permits.
Minor modifications to approved minor conditional use permits pursuant to Section 19.730.030 may be approved by the Staff Application Review Team Development Review Committee. (Ord. 7331 §109, 2016; Ord. 6966 §1, 2007)
19.730.090 Review for compliance and revocation.
A. Compliance investigation. The City may conduct an investigation to ensure that the permittee is maintaining the use as applied for and has not converted or modified the use. Failure to operate in accordance with the conditions of the minor conditional use permit is grounds for setting the matter for public hearing to consider revocation of the permit. The City may also pursue any other option permitted by law to require compliance with the conditions of the permit.
B. Revocation of minor conditional use permits.
1. The Planning Commission shall hold a public hearing to consider the revocation of a minor conditional use permit granted in accordance with the provisions of this Cchapter and over which such Commission has jurisdiction.
2. Written notice of the date, time, place and purpose of such public hearing shall be served on the owner of the property for which the permit was granted by registered mail, postage prepaid, return receipt requested, not less than ten days prior to the date of such hearing. Additional notice shall be given in the manner prescribed in this Cchapter governing notices of minor conditional use permits. The public hearing and investigations shall be conducted and hearing records maintained in the manner prescribed in this Cchapter.
3. A minor conditional use permit may be revoked if, from the facts presented at the public hearing or by investigation, the Planning Commission finds any one or more of the following grounds:
a. That a permit approval was obtained by fraud;
b. That the permit granted is being or has been exercised contrary to the conditions of such permit or in violation of any applicable licenses, permits, regulations, laws, or ordinances; or
c. That the use for which the permit approval was granted is being or has been exercised as to be detrimental to the public health or safety or so to constitute a nuisance.
4. Each decision by the Planning Commission to revoke a minor conditional use permit shall be by a formal and numbered resolution adopted by the affirmative votes of at least two-thirds of the membership of the Planning Commission, such membership being based upon membership present and voting. The Planning Commission shall make its findings, announce its decision and mail a notice of its decision to the owner of the property involved in the manner prescribed in this Cchapter. Any person aggrieved or affected by a decision of the Planning Commission in approving or disapproving a revocation of a minor conditional use permit may appeal to the City Council in the manner prescribed in this Cchapter. The City Council may, after a public hearing has been held in the manner prescribed in this Ssection, affirm, reverse or modify the decision of the Planning Commission.
(Ord. 7331 §109, 2016; Ord. 6966 §1, 2007)
19.730.100 Limited term approval.
If the Planning Commission determines based upon written findings that it is necessary to protect the public health, safety or general welfare, the Planning Commission may limit the term of the permit. (Ord. 7331 §109, 2016; Ord. 6966 §1, 2007)
19.730.110 Voiding of minor conditional use permits.
A. Any minor conditional use permit granted by the Staff Application Review Team Development Review Committee or by the Planning Commission or City Council on appeal shall become null and void if:
1. The construction or use authorized by such permit is not commenced within the time limit specified in such permit and such construction is not pursued diligently to completion; provided, however, that the Community & Economic Development Director may extend the time limit if a written application showing good cause for such time extension is submitted to the Planning Division prior to the expiration of the time limit.
2. The owner or owners authorized representative of the property for which the permit was granted requests in writing that the permit be partially or fully voided and the Community & Economic Development Director approves such request.
B. Conditions of a minor conditional use permit related to Assemblies of People - Entertainment that is granted by the Staff Application Review Team Development Review Committee, the Planning Commission, or City Council may be voided by the Director of Community & Economic Development Department, or his or her designee, if an Entertainment Permit, as defined in Title 5, is issued. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=988206&datasource=ordbank" web="yes">7487</ulink> § 6, 11-5-2019; Ord. 7331 §109, 2016; Ord. 6966 §1, 2007) Chapter 19.740 TEMPORARY USE PERMIT
19.740.010 Purpose.
19.740.020 Applicability.
19.740.040 Exemption.
19.740.050 Development, operational and location standards.
19.740.060 Limitations of approval.
19.740.070 Temporary outdoor storage and loading.
19.740.080 Application and permit issuance.
19.740.090 Revocation of temporary use permits.
19.740.100 Appeal.
19.740.010 Purpose.
The purpose of a Temporary Use Permit (TUP) is to regulate those uses and activities of a temporary nature that may affect the public peace, health, safety, and general welfare. (Ord. 7331 §110, 2016; Ord. 7211 §1, 2013; Ord. 6966 §1, 2007)
19.740.020 Applicability.
A. Temporary uses shall be permitted on private property with the issuance of a Temporary Use Permit (TUP) as specified in Tables 19.150.020.C (Temporary Use Table) and 19.740.020 (Temporary Uses) in zones where the temporary use is permitted.
B. Temporary uses shall be limited to the maximum number of contiguous days each use is allowed per event, the maximum number of occurrences each use is allowed and the maximum number of days per calendar year on each property or commercial complex as listed below.
C. Non-City Sponsored events or uses located within the Public Right-of-Way, Public Park or other City owned land shall be subject to Chapter 2.28 of thisthe Riverside Municipal Code and the granting of a Special Events Permit issued by the Arts and Cultural Affairs Division of the City of Riverside.
Events which occur on both Public and Private Property (i.e. a Marathon using a public street but starting or ending at a privately owned shopping center) would be governed by the Special Event Permit provisions of Chapter 2.28 of thisthe Riverside Municipal Code and not subject to a Temporary Use Permit.
D. Temporary uses listed in Table 19.740.020A below shall obtain a TUP for each event.
E. A filing fee established by City Council Resolution shall be required prior to the issuance of a Temporary Use Permit.
F. Temporary Uses shall comply with all applicable development, operational and location standards listed in Chapter 19.740.050, obtain all applicable Department approvals, and the applicant shall be responsible for payment of the associated filing fee.
G. Minor Temporary Uses, as identified in Table 19.740.020, that do not comply with all applicable standards may be processed under the Major Temporary Use Permit process provided the Community & Economic Development Director or his/her designee and all applicable Departments approve the request; the applicant shall be responsible for payment of the associated Major Temporary Use filing fee.
H. Events sponsored and sanctioned by an IRS recognized 501(c)(3) organization and contained entirely on-site shall obtain, at no fee, a Temporary Use Permit provided:
1. Any proposed tents or structures shall be reviewed and approved by the Building and Safety Division and/or Fire Department which may require additional permits.
2. Events which utilize adjacent sidewalks, streets, or other public property shall be subject to a Special Events Permit.
I. Other uses not listed. The Community & Economic Development Director or their designee may determine that a use is similar to, and no more detrimental than, a listed Temporary Use. The maximum number of days and occurrences shall be at the discretion of the Community & Economic Development Director or their designee.
J. Determination of City departments and other agencies whose approval is required prior to each occurrence will be determined by the Planning Division as part of the TUP review process with respect to each proposed temporary use.
(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. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=988206&datasource=ordbank" web="yes">7487</ulink> §§ 20, 21(Exh. F), 11-5-2019; Ord. 7408 §1, 2018; Ord. 7331 §110, 2016; Ord. 7211 §1, 2013; Ord. 6966 §1, 2007)
Table 19.740.020
Temporary Use Permit
Temporary Use
Maximum
Number of
Consecutive Days
per Event1
Maximum Number
of Occurrences per
Calendar Year1
Maximum
Number of Days
Per Calendar
Year1
Type of
Temporary Use
Permit
Car Show 3 16 48 Minor
Caretaker Living
Quarters - Temporary
During Construction
Initial period of no more than six months, except that
individual extensions of up to three months each with a maximum of one year from the date of the initial siting may be granted.
Minor
Christmas Tree and
Pumpkin Sales
(Seasonal)
30 2 60 Minor
Circus or Carnival
(With or without Tent) 7 1 7 Major
Dwelling Unit (Motor
Home, RV, Camper,
etc.)
30 4 60 Minor
Fair, Concert, Exhibit
or Similar Uses 7 2 14 Minor
Fruit Stands 4 8 32 Minor
Garage Sales Garage Sales are Regulated by Chapter 5.49 of this the Riverside Municipal Code N/A
Mobile Medical Units
for Humans 7 2 14 Minor
Non-Commercial Car
Wash
Contact Public Works Department for requirements for
temporary Car Washes N/A
Non-Commercial Tent
Meetings 10 1 10 Minor
Outdoor Preparation of
Food (Temporary),
Food and Drink
Festivals, or Similar
Uses
3 6 18 Minor
Outdoor Sales in
Conjunction with a
Permanent Land Use
(Parking Lot Sale)
5 8 40 Minor
Outdoor Sales Event
not in Conjunction with
a Permanent Land Use
(Swap Meet)
4 4 16
Major
Minor parking
lot sales exempt
from
TUP, see
19.740.040.E
Special Events (Events
on Public Properties
including streets,
schools, or parks)
Special Events are administered by the Arts and Cultural Affairs Division pursuant to Chapter 2.28 of this the
Riverside Municipal Code
N/A
Subdivision Sales
Trailer or Office
During Construction
Initial period of no more than one year from the date of the initial siting may be granted. Minor
Temporary Emergency
Shelter - - 180 Major
Temporary Holiday
Storage Containers 45 1 45 Minor
Vapor Recovery
Operations - - - Major
;sz=8q; 1 An applicant or property owner may request an increase in the maximum number of days per event, number of occurrences, or days per calendar year by requesting consideration of a Temporary Use Permit to the City Manager and paying all applicable filing fees.
19.740.040 Exemption.
A. Any temporary uses allowed by this Cchapter proposed to be located within the boundaries of the Riverside Convention Center shall be exempt from the TUP process. Any proposed tents or structures shall be reviewed and approved by the Building and Safety Division and/or Fire Department which
may require additional permits. Events which utilize adjacent sidewalks or other public property shall be subject to the granting of a Special Events Permit.
B. Activities clearly incidental to a Public K-12 School, College or University (UCR and RCC) regulated and funded by a public governmental agency, such as graduation and sporting events, contained entirely on-site (including all parking) shall be exempt from the TUP process.
C. Activities clearly incidental to a private K-12 school, college or university (CBU and LSU), such as graduation and sporting events, contained entirely on-site (including all parking) shall be exempt from the TUP process provided there is an active Conditional Use Permit (CUP) or Campus-Wide Specific Plan for the institution. Fairs, concerts, etc. which rely on on-street parking or path of travel shall not be included in this exception. Vocational and training schools are not included in this exemption.
D. Events sponsored and sanctioned by the Master Property Association or Property Manager for Regional Shopping Centers which are 20 acres or larger located within the CR - Commercial Retail, CG - Commercial General or CRC - Commercial Retail Center Zone shall be exempt from the TUP process provided the entire event occurs on managed or owned properties.
E. Minor parking lot sales not in conjunction with a permanent land use, on properties zoned CRCommercial Retail, CG-Commercial General, and CRC-Commercial Regional Center are permitted and exempt from the TUP process provided that sales occur with written permission from the property owners. Sales shall occur up to four times a year for up to four days at a time. Minor parking lot sales shall be defined as those that do not require parking or drive aisle circulation space; are limited to a single vendor; and sell floral, holiday, and graduation gifts only. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=988206&datasource=ordbank" web="yes">7487</ulink> § 22, 11-5-2019; Ord. 7331 §110, 2016; Ord. 7211 §1, 2013; Ord. 6966 §1, 2007)
19.740.050 Development, operational and location standards.
A. Any use which is prohibited by state or federal law is also strictly prohibited.
B. All events must comply with Title 7 of thisthe Riverside Municipal Code (Noise).
C. Temporary uses listed in Table 19.740.020 above shall comply with the following development standards:
1. Car show
a. The parking of vehicles shall occur on improved surfaces only (i.e. asphalt or concrete). b. The event shall not occupy more than 30 percent of a required parking area and shall not substantially alter the existing circulation pattern of the site. c. The event shall provide and maintain all state and federal disabled access requirements including, but not limited to parking, path of travel, sanitation facilities, etc. d. The event shall not block or modify any fire lane or fire hydrant. e. No stage shall be permitted.
f. No tents, canopies or other temporary structures with an individual area of 120 square feet shall be permitted.
2. Caretaker living quarters—Temporary during construction. For development standards for caretaker living quarters used during construction review Article XII Chapter 19.465.
3. Christmas tree and pumpkin sales (seasonal). Christmas tree and pumpkin sales lots are subject to compliance with the following criteria as set forth below:
a. Christmas tree or pumpkin sales within an existing retail center or business may not occupy more than ten percent of a required parking area and may not substantially alter the existing traffic circulation pattern of the site. The temporary sales area shall not obstruct any existing handicap accessible parking space. Sidewalks shall be maintained at a minimum width of four feet to provide for handicap access. A site plan shall be submitted for approval by the Community & Economic Development Director or their designee; b. Christmas tree and pumpkin sales lots located on vacant property shall provide adequate onsite parking spaces and access. A site plan shall be submitted for approval by the Community & Economic Development Director or their designee. Upon approval, the sales lot shall be clearly marked in accordance with the approved site plan; c. Hours of operation, including the use of generators and lot lighting, excluding security lighting, shall be limited to 9:00 a.m. to 10:00 p.m., unless other hours are specified by written approval issued by the Community & Economic Development Director or their designee.
Security lighting shall be shielded to prevent light spillage onto adjacent properties; d. Incidental sales of Christmas tree lights, tree decorations and stands may be permitted in conjunction with a Christmas tree sales lot, but sales of gift items are excluded; and e. Other conditions to mitigate potential land use impacts and public safety can be required on a case-by-case basis as deemed necessary and appropriate by the Community & Economic Development Director or their designee.
4. Circus or carnival (with or without tent).
a. A circus or carnival within an existing retail center or business may not occupy more than ten percent of a required parking area and may not substantially alter the existing traffic circulation pattern of the site.
b. The event shall not obstruct any existing handicap accessible parking space. Sidewalks shall be maintained at a minimum width of four feet to provide for handicap access. A site plan shall be submitted for approval by the Community & Economic Development Director or their designee;
c. A circus or carnival located on vacant property shall provide adequate vehicular access. A site plan shall be submitted for approval by the Community & Economic Development Director or their designee. Upon approval, the sales lot shall be clearly marked in accordance with the approved site plan;
d. Hours of operation, including the use of generators and lot lighting, excluding security lighting, shall be limited to 9:00 a.m. to 10:00 p.m., unless other hours are specified by written approval issued by the Community & Economic Development Director or his/her designee.
Security lighting shall be shielded to prevent light spillage onto adjacent properties; e. The circus or carnival shall be located a minimum of 100 feet from any residentially zoned or utilized property unless otherwise specified by written approval issued by the Community & Economic Development Director or their designee.
f. Other conditions to mitigate potential land use impacts and public safety can be required on a case-by-case basis as deemed necessary and appropriate by the Community & Economic Development Director or their designee.
5. Dwelling Unit (Motor Home, RV, camper, etc.).
a. A dwelling unit may only be permitted on a residentially used parcel. b. The vehicle may not be parked within the public right-of-way, overhang into the public rightof-way, block any sidewalk or path of travel and may be no closer than five feet from any interior property line.
c. The vehicle must be parked on a concrete pad or driveway. d. Generators may only be permitted between the hours of 7:00 a.m. and 10:00 p.m. as permitted by Title 7 of thisthe Riverside Municipal Code.
6. Fair, concert, exhibit or similar uses.
a. A fair, concert, exhibit or similar use within an existing retail center or business may not occupy more than ten percent of a required parking area and may not substantially alter the existing traffic circulation pattern of the site.
b. The event shall not obstruct any existing handicap accessible parking space. Sidewalks shall be maintained at a minimum width of four feet to provide for handicap access. A site plan shall be submitted for approval by the Community & Economic Development Director or their designee;
c. A fair, concert, exhibit or similar use located on vacant property shall provide adequate vehicular access. A site plan shall be submitted for approval by the Community & Economic Development Director or their designee. Upon approval, the sales lot shall be clearly marked in accordance with the approved site plan;
d. Hours of operation, including the use of generators and lot lighting, excluding security lighting, shall be limited to 9:00 a.m. to 10:00 p.m., unless other hours are specified by written approval issued by the Community & Economic Development Director or their designee.
Security lighting shall be shielded to prevent light spillage onto adjacent properties; e. The fair, concert, exhibit or similar use shall be located a minimum of 100 feet from any residentially zoned or utilized property unless otherwise specified by written approval issued by the Community & Economic Development Director or their designee. f. Other conditions to mitigate potential land use impacts and public safety can be required on a case-by-case basis as deemed necessary and appropriate by the Community & Economic Development Director or their designee.
7. Mobile medical units for humans.
a. Mobile medical units shall not be located within any required front or street side yard. An interior side or rear yard where off-street parking is allowed may be occupied by a mobile medical unit.
b. Mobile medical units shall not be placed within, disrupt or displace any required accessible path of travel or fire lane.
8. Non-commercial tent meeting.
a. A non-commercial tent meeting within an existing retail or industrial center or business may not occupy more than ten percent of a required parking area and may not substantially alter the existing traffic circulation pattern of the site.
b. The event shall not obstruct any existing handicap accessible parking space. Sidewalks shall be maintained at a minimum width of four feet to provide for handicap access. A site plan shall be submitted for approval by the Community & Economic Development Director or their designee;
c. A non-commercial tent meeting located on vacant property shall provide adequate vehicular access. A site plan shall be submitted for approval by the Community & Economic Development Director or their designee. Upon approval, the sales lot shall be clearly marked in accordance with the approved site plan;
d. Hours of operation, including the use of generators and lot lighting, excluding security lighting, shall be limited to 9:00 a.m.to 10:00 p.m., unless other hours are specified by written approval issued by the Community & Economic Development Director or their designee.
Security lighting shall be shielded to prevent light spillage onto adjacent properties; e. The non-commercial tent meeting shall be located a minimum of 100 feet from any residentially zoned or utilized property unless otherwise specified by written approval issued by the Community & Economic Development Director or their designee. f. Other conditions to mitigate potential land use impacts and public safety can be required on a case-by-case basis as deemed necessary and appropriate by the Community & Economic Development Director or their designee.
9. Outdoor preparation of food (temporary).
a. The requirements for the outdoor preparation of food apply only when in conjunction with a permanent indoor restaurant and does not pertain to the outdoor preparation of food in association with legally established school or assemblies of people—non-entertainment, street fairs, carnivals or push carts that are regulated separately. b. For development standards for the temporary outdoor preparation of food the standards for outdoor dining and food preparation (permanent) shall apply, Chapter 19.495. c. No tents, canopies or other temporary structures with an individual area of 120 square feet shall be permitted.
d. Other conditions to mitigate potential land use impacts and public safety can be required on a case-by-case basis as deemed necessary and appropriate by the Community & Economic Development Director or their designee.
10. Outdoor sales event in conjunction with a permanent land use. a. An outdoor sales event in conjunction with a permanent land use within an existing retail center or business may not occupy more than ten percent of a required parking area and may not substantially alter the existing traffic circulation pattern of the site. b. The event shall not obstruct any existing handicap accessible parking space. Sidewalks shall be maintained at a minimum width of four feet to provide for handicap access. A site plan shall be submitted for approval by the Community & Economic Development Director or their designee;
c. An outdoor sales event must be in conjunction with, and clearly incidental to, an existing permanent use on site. Outdoor sales on vacant lots is not permitted (see outdoor sales event not in conjunction with a permanent land use below).
d. The applicant shall provide and maintain all state and federal disabled access requirements including, but not limited to parking, path of travel, sanitation facilities, etc. e. The event shall not block or modify any fire lane or fire hydrant. f. No stage shall be permitted.
11. Outdoor sales event not in conjunction with a permanent land use.
a. An outdoor sales event not in conjunction with a permanent land use within an existing retail center or business may not occupy more than ten percent of a required parking area and may not substantially alter the existing traffic circulation pattern of the site. b. The event shall not obstruct any existing handicap accessible parking space. Sidewalks shall be maintained at a minimum width of four feet to provide for handicap access. A site plan shall be submitted for approval by the Community & Economic Development Director or their designee;
c. An outdoor sales event not in conjunction with a permanent land use located on vacant property shall provide adequate on-site parking spaces and access. A site plan shall be submitted for approval by the Community & Economic Development Director or their designee. Upon approval, the sales lot shall be clearly marked in accordance with the approved site plan; d. The applicant shall provide an maintain all state and federal disabled access requirements including, but not limited to parking, path of travel, sanitation facilities, etc. e. The event shall not block or modify any fire lane or fire hydrant. f. No stage shall be permitted.
g. Hours of operation, including the use of generators and lot lighting, excluding security lighting, shall be limited to 9:00 a.m. to 10:00 p.m., unless other hours are specified by written approval issued by the Community & Economic Development Director or their designee.
Security lighting shall be shielded to prevent light spillage onto adjacent properties; h. the Outdoor sales area and Parking Lot shall be located a minimum of 100 feet from any residentially zoned or utilized property unless otherwise specified by written approval issued by the Community & Economic Development Director or their designee. i. Other conditions to mitigate potential land use impacts and public safety can be required on a case-by-case basis as deemed necessary and appropriate by the Community & Economic Development Director or their designee.
12. Subdivision sales trailer or office during construction. a. The temporary unit shall be located on-site and in the rear half of the lot, unless otherwise approved by the Community & Economic Development Director or their designee. In no instance shall the temporary unit be located within public right-of-way. b. The temporary unit shall be located at least five feet from all property lines. For side and rear property lines adjoining an existing residential use, the setback of the underlying zone shall apply.
c. The temporary unit shall be connected to water and electric utilities. Where required by the Public Works Department, the unit shall be connected to the sewer system. d. The unit shall be allowed to remain on the site for an initial period of no more than six months, except that individual extensions of up to three months each with a maximum of one year from the date of the initial siting may be granted by the Community & Economic Development Director or their designee. There shall be no fee for these time extensions. In considering whether to grant a time extension, the Community & Economic Development Director or their designee may consider evidence of any land use compatibility related complaints from surrounding residents and property owners. e. No later than seven days following the issuance of a certificate of occupancy for the permanent building, the temporary unit shall be removed from the site.
f. An active building permit shall be in effect prior to locating the temporary unit on-site and at all times that the unit remains on-site. The unit is to be removed within seven days of expiration of the building permit.
13. Temporary emergency shelter with assemblies of people-non-entertainment. a. A temporary emergency shelter may be permitted in conjunction with an assemblies of peoplenon-entertainment use. b. A written management and security plan shall be provided for review and approval by the Community & Economic Development Director or their designee. c. A site maintenance and operations plan for ongoing property cleaning, noise control, and odor, dust, and litter control shall be submitted for review and approval of the Community & Economic Development Director or their designee prior to commencement of operations. d. The placement of beds are temporary and limited to the maximum number of days identified in Table 19.740.020.
e. Temporary emergency shelters shall be consistent with applicable airport land use compatibility plans. See Chapter 19.149 - Airport Land Use Compatibility.
14. Temporary holiday storage containers.
a. A maximum of four temporary holiday storage containers may be permitted for retail outlets with 15,000 square feet or more of gross floor area for overstock of products and goods. b. A maximum of two temporary holiday storage containers may be permitted for retail outlets with 10,000 to 15,000 square feet of gross floor area for overstock of products and goods. c. A maximum of one temporary holiday storage containers may be permitted for retail outlets with 5,000 to 10,000 square feet or more of gross floor area for overstock of products and goods.
d. The containers shall be located behind the building to minimize the visual impact from public view.
e. The containers shall not be located within any building setback area. f. The containers shall maintain the minimum building setback from all property lines as determined by the California Building Code or 10 feet whichever is greater. g. The containers shall not be located within a fire lane nor block any fire hydrant.
15. Vapor recovery operation. Vapor recovery operations for fuel-contaminated soil are subject to the site location criteria, operation and development standards below:
a. Site location criteria.
(1) All equipment shall be located as far as possible, but not closer than ten feet, to any property with a residential use or other uses designed for overnight human habitation, such as motels, hotels, hospitals or group homes.
(2) The location on the site shall not disrupt the flow of traffic onto and off of the site. (3) Whenever possible, the facility shall not displace required parking. If this is not possible, the Community & Economic Development Director or his/her designee may grant a temporary displacement of required parking for the time the vapor recovery operation is in operation.
b. Operation and development standards.
(1) All equipment shall be screened with landscaping, block walls or opaque fencing consistent with landscaping and/or physical improvements in the area. (2). Sound emanating from machinery shall be muffled so as not to exceed 60 dBA at the nearest property line of any nonresidential use and 45 dBA at the nearest property line of a residential use or other uses designed for overnight human habitation, such as motels, hotels, hospitals or group homes.
(3) The Community & Economic Development Director or their designee may limit the hours of operation to between 9:00 a.m. and 10:00 p.m. where vapor recovery operations are located near residential uses or other uses designed for overnight human habitation, such as motels, hotels, hospitals or group homes. (4) Approval from all applicable governmental agencies shall be obtained. (5) At the conclusion of the vapor recovery operation, all machinery and improvements shall be completely removed from the site and the previously existing improvements shall be replaced in accordance with all local standards. The Community & Economic Development Director or their designee may require suitable documentation guaranteeing such removal and repairs.
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1284848&datasource=ordbank" web="yes">Ord. 7660</ulink>, § 16, 2024; 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. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=988206&datasource=ordbank" web="yes">7487</ulink> § 23, 11-5-2019; Ord. 7408 §1, 2018; Ord. 7331 §110, 2016; Ord. 7211 §1, 2013; Ord. 6966 §1, 2007)
19.740.060 Limitations of approval.
Each permitted temporary use shall be limited to the maximum number of days and the maximum number of occurrences allowed per calendar year by Table 19.740.020 (Temporary Uses) of this Cchapter unless extended by the Community & Economic Development Director or their designee. When either the maximum number of days or the maximum number of occurrences has been reached the temporary use shall not be permitted on the property for the duration of the calendar year. A commercial complex shall be considered as one property for purposes of determining the maximum number of occurrences allowed.
A commercial complex is defined as a group of two or more commercial uses on a single parcel or contiguous parcels that utilize common off-street parking and access. (Ord. 7331 §110, 2016; Ord. 7211 §1, 2013; Ord. 6966 §1, 2007)
19.740.070 Temporary outdoor storage and loading.
In all zones for those businesses or other authorized uses that ordinarily receive and/or send out merchandise, products and the like, articles to be loaded or unloaded may be temporarily stored outside for a period not to exceed two hours within specifically designated loading areas. No articles so stored shall be advertised or marked for sale at or from the loading area nor shall the loading area be used for merchandise display.
(Ord. 7331 §110, 2016; Ord. 7211 §1, 2013; Ord. 6966 §1, 2007)
19.740.080 Application and permit issuance.
A. Major temporary use permit.
1. A least five working days prior to commencement of the event, the owner of the property proposed to be occupied by a temporary use or the owner's authorized representative:
i. Verify and obtain approval from any required Department necessary for the specific event. ii. File the application for a temporary use permit with the Planning Division.
2. The Community & Economic Development Director or their designee shall review the temporary use permit application for compliance with Sections 19.740.020 (Applicability) and 19.740.050 (Development and operational standards) of this Cchapter and shall approve or deny the application within five working days of receipt of a complete application. The applicant, having obtained all of the required City department and agency signatures, must obtain any additional required permits before operation of the temporary use. Approval of a temporary use permit does not constitute approval of any other required permits.
3. If in the judgment of the Community & Economic Development Director or their designee, a proposed temporary use, even if in compliance with Sections 19.740.020 (Applicability) and
19.740.050 (Development and operational standards) of this Cchapter may have a substantial adverse impact on public health, safety or welfare, the Community & Economic Development Director or their designee may elect not to approve a temporary use permit and may refer the application for disposition by the City Council at its next regularly scheduled meeting.
4. Failure to comply with the limitations contained in Sections 19.740.020 (Applicability) and
19.740.050 (Development and operational standards) shall be grounds for denial and/or revocation of a temporary use permit.
B. Minor temporary use permit.
1. Prior to the commencement of the event, a minor temporary use permit shall be obtained from the Planning Division.
2. The applicant shall:
i. Obtain written authorization from the property owner or authorized representative. ii. Verify that the TUP event complies with all applicable development standards established in
19.740.050.
iii. Submit for a Minor TUP at least five working days prior to the commencement of the event. iv. If an event does not comply with the prescribed site location and operation criteria specified in Section 19.740.050 for those uses eligible for a Minor TUP (See Table 19.740.020) then the applicant shall apply for a Major TUP as listed in Section 19.740.080.A above.
3. In the event a Minor TUP is reviewed by staff and determined to not be in compliance with all applicable development standards, staff will inform the applicant that a Major TUP is required.
C. Failure to comply with any of the provisions of this Ssection shall authorize the Community & Economic Development Director or authorized designee to issue a stop work order and upon issuance of the stop work order, the temporary use shall cease until continuation is authorized by the Community & Economic Development Director or authorized designee.
D. Copies of the Temporary Use Permit (major and minor) shall be made available to City Staff upon request.
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=988206&datasource=ordbank" web="yes">7487</ulink> § 24, 11-5-2019; Ord. 7331 §110, 2016; Ord. 7211 §1, 2013; Ord. 6966 §1, 2007)
19.740.090 Revocation of temporary use permits.
A. If the Community & Economic Development Director or their designee determines that a temporary use is being operated contrary to the terms and conditions of a temporary use permit, or if circumstances under which the temporary use permit was issued have changed, such in the opinion of the Community & Economic Development Director or their designee, operation of the temporary use poses a negative impact on the public health, safety or general welfare, the Community & Economic Development Director or their designee shall issue an order to immediately cease and desist such operation. Upon receipt of the order, such operation of a temporary use shall immediately cease and desist.
B. The Community & Economic Development Director or their designee's order to revoke a temporary use permit may be appealed in writing within two working days of its receipt. The City Community & Economic Development Director or his/her designee shall act on the appeal within five working days of the receipt of a properly filed appeal. In any case, the temporary use must immediately cease and desist pending consideration of the appeal.
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=988206&datasource=ordbank" web="yes">7487</ulink> § 25, 11-5-2019; Ord. 7331 §110, 2016; Ord. 7211 §1, 2013; Ord. 6966 §1, 2007)
19.740.100 Appeal.
Appeals of the Community Development Director's Decision may be filed pursuant to Sections
19.680.030.B (Filing an Appeal) and 19.690.020.D (Effective Date of Permits and Actions) for action by the City Manager.
(Ord. 7331 §110, 2016; Ord. 7211 §1, 2013; Ord. 6966 §1, 2007) Chapter 19.760 CONDITIONAL USE PERMIT
19.760.010 Purpose.
19.760.020 Procedures.
19.760.030 Applicability and permit requirement.
19.760.040 Required findings.
19.760.045 Conditions of approval/guarantees.
19.760.050 Voting approval requirements.
19.760.060 Minor modifications to approved conditional use permits.
19.760.070 Review for compliance and revocation.
19.760.080 Limited term approval.
19.760.090 Voiding of conditional use permits.
19.760.010 Purpose.
A. The City recognizes that certain uses, due to the nature of use, intensity, or size, require special review to determine if the use proposed, or the location of that use, is compatible with surrounding uses, or through the imposition of development and use conditions, can be made compatible with surrounding uses. The conditional use permit is provided for this purpose.
B. To ensure compatibility with zoning regulations and surrounding properties, conditional uses require special consideration. The Planning Commission is empowered to grant and deny applications for conditional use permits and to impose reasonable conditions upon the granting of such permit. (Ord. 7331 §111, 2016; Ord. 6966 §1, 2007)
19.760.020 Procedures.
A. General process. Conditional Use Permit (CUP) applications shall be processed in accordance with the discretionary permit processing provisions as set forth in Chapters 19.650 (Approving Authority),
19.660 (General Application Processing Procedures), 19.670 (Notices and Hearings) and 19.680 (Appeals), 19.690 (Effective Dates) and other applicable cChapters of this Titlethe Zoning Code. (Ord. 7331 §111, 2016; Ord. 6966 §1, 2007)
19.760.030 Applicability and permit requirement.
A. The Approving or Appeal Authority may grant a conditional use permit, in accordance with the procedures stated in this article, for any of the uses specifically listed in this Titlethe Zoning Code as permitted subject to the granting of a conditional use permit. Tables 19.150.020.A and B summarize those uses requiring a conditional use permit and the applicable base zones. (Ord. 7331 §111, 2016; Ord. 6966 §1, 2007)
19.760.040 Required findings.
The Planning Commission may grant a conditional use permit in whole or in part, and including appropriate conditions of approval if, from the evidence presented at the public hearing, the following written findings can be made:
A. The proposed use is substantially compatible with other existing and proposed uses in the area, including factors relating to the nature of its location, operation, building design, site design, traffic characteristics and environmental impacts;
B. The proposed use will not be materially detrimental to the health, safety and general welfare of the public or otherwise injurious to the environment or to the property or improvements within the area; and
C. The proposed use will be consistent with the purposes of this Titlethe Zoning Code and the application of any required development standards is in the furtherance of a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest.
(Ord. 7331 §111, 2016; Ord. 6966 §1, 2007)
19.760.045 Conditions of approval/guarantees.
A. In granting a conditional use permit, certain safeguards may be required and certain conditions established to protect the public health, safety, convenience and general welfare and to assure that the purposes of this Titlethe Zoning Code shall be maintained with respect to the particular use on the particular site and in consideration of the location, use, building and traffic characteristics and environmental impact of the proposed use and of existing and potential uses within the general area in which such use is proposed to be located.
B. The conditions attached to conditional use permits may include such provisions concerning use, height, area, yards, open spaces, setbacks, parking, loading, signs, improvements, site design, operation characteristics, land use compatibility, general character, appearance, environmental impact, time limits for commencing the construction or use authorized, revocation dates, and other conditions the Planning Commission may deem appropriate and necessary to carry out the purposes of this Title the Zoning Code and Chapter.
C. The Planning Commission may require bonds or other forms of guarantees for the conditional use permit to ensure compliance with this Cchapter and other applicable provisions of this Titlethe Zoning Code, and to prevent adverse or detrimental impact to the surrounding neighborhood.
D. The conditions of approval must be kept on site and be made available for inspection on demand by a City representative.
E. Conditional use permits granted pursuant to the provisions of this Ttitle shall be transferable upon a change of ownership of the site, business, service, use or structures, provided that the use is in substantial conformance with the previously approved use and conditions of the original permit or approval are fully complied with, and the project is not modified or enlarged/expanded. (Ord. 7331 §111, 2016; Ord. 6966 §1, 2007)
19.760.050 Voting approval requirements.
A. The decision of Planning Commission to grant a conditional use permit shall require an affirmative vote of two-thirds of the membership present and voting.
(Ord. 7331 §111, 2016; Ord. 6966 §1, 2007)
19.760.060 Minor modifications to approved conditional use permits.
Minor modifications to approved conditional use permits pursuant to Section 19.730.030 may be approved by the Staff Application Review Team Development Review Committee. (Ord. 7331 §111, 2016; Ord. 6966 §1, 2007)
19.760.070 Review for compliance and revocation.
A. Compliance investigation. The City may conduct an investigation to ensure that the permittee is maintaining the use as applied for, in compliance with all conditions, and has not converted or modified the use. Failure to operate in accordance with the conditions of the conditional use permit shall be the subject of an enforcement action and administrative civil penalties as provided for under Chapter 1.17 of this the Riverside Municipal Code and/or grounds for setting the matter for public hearings to
consider revocation of the permit. The election of administrative civil penalties shall in no way act as a waiver of the revocation of the permit. The City may also pursue any other option permitted by law to require compliance with the conditions of the permit.
B. Revocation of conditional use permits.
1. The Planning Commission shall hold a public hearing to consider the revocation of a conditional use permit granted in accordance with the provisions of this Cchapter and over which such Commission has jurisdiction.
2. Written notice of the date, time, place and purpose of such public hearing shall be served on the owner of the property for which the permit was granted by registered mail, postage prepaid, return receipt requested, not less than ten days prior to the date of such hearing. Additional notice shall be given in the manner prescribed in this Cchapter governing notices of conditional uses permits.
The public hearing and investigations shall be conducted and hearing records maintained in the manner prescribed in this Cchapter.
3. A conditional use permit may be revoked if, from the facts presented at the public hearing or by investigation, the Planning Commission finds any one or more of the following grounds:
a. That the permit approval was obtained by fraud;
b. That the permit granted is being or has been exercised contrary to the conditions of such permit or in violation of any applicable licenses, permits, regulations, laws, or ordinances; and c. That the use for which the permit approval was granted is being or has been exercised as to be detrimental to the public health or safety or so as to constitute a nuisance.
4. Each decision by the Planning Commission to revoke a conditional use permit shall be by a formal and numbered resolution adopted by the affirmative votes of at least two-thirds of the membership of the Planning Commission, such membership being based upon membership present and voting.
The Planning Commission shall make its findings, announce its decision and mail a notice of its decision to the owner of the property involved in the manner prescribed in this Cchapter. Any person aggrieved or affected by a decision of the Planning Commission in approving or disapproving a revocation of a conditional use permit may appeal to the City Council in the manner prescribed in this Cchapter. The City Council may, after a public hearing has been held in the manner prescribed in this Ssection, affirm, reverse or modify the decision of the Planning Commission.
(Ord. 7331 §111, 2016; Ord. 6966 §1, 2007)
19.760.080 Limited term approval.
If the Planning Commission determines based upon written findings that it is necessary to protect the public health, safety or general welfare, the Planning Commission may limit the term of the permit. (Ord. 7331 §111, 2016; Ord. 6966 §1, 2007)
19.760.090 Voiding of conditional use permits.
A. Any conditional use permit granted by the Planning Commission or by the City Council on appeal shall become null and void if:
1. The construction or use authorized by such permit is not commenced within the time limit specified in such permit, and such construction is not pursued diligently to completion; provided, however,
that the Planning Commission may extend the time limit if a written application showing good cause for such time extension is submitted to the Planning Division prior to the expiration of the time limit; or
2. The owner or owner's authorized representative of the property for which the permit was granted requests in writing that the permit be partially or fully voided and the Community & Economic Development Director approves such request.
B. Conditions of a conditional use permit related to Assemblies of People - Entertainment that is granted by the Planning Commission or City Council may be voided by the Director of Community & Economic Development Department, or his or her designee, if an Entertainment Permit, as defined in Title 5, is issued.
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=988206&datasource=ordbank" web="yes">7487</ulink> § 7, 11-5-2019; Ord. 7331 §111, 2016; Ord. 6966 §1, 2007) Chapter 19.770 SITE PLAN REVIEW PERMIT
19.770.010 Purpose.
19.770.020 Procedures.
19.770.030 Applicability and permit requirements.
19.770.040 Conditions of approval.
19.770.050 Findings
19.770.010 Purpose.
The site plan review permit process is established to meet certain community goals that include the following:
A. To ensure that the highest quality of land planning is incorporated into development projects; B. To ensure that new projects are compatible with existing neighborhoods in terms mass, scale and functionality;
C. To ensure that development occurs with due regard to environmental factors; D. To provide for public improvements necessitated by the development; and E. To promote orderly, attractive and harmonious development, and promote the general welfare by preventing the establishment of uses or erection of structures that are not properly related to or that would adversely impact their sites, surroundings, traffic circulation or environmental setting. (<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; Ord. 7331 §112, 2016; Ord. 6966 §1, 2007)
19.770.020 Procedures.
A. General process. Site plan review permit (SPR) applications shall be processed in accordance with the discretionary permit processing provisions as set forth in Chapters 19.650 (Approving Authority),
19.660 (General Application Processing Procedures), 19.670 (Notices and Hearings), 19.680 (Appeals), 19.690 (Effective Dates) and other applicable chapters of this Titlethe Zoning Code. (<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; Ord. 7331 §112, 2016; Ord. 6966 §1, 2007)
19.770.030 Applicability and permit requirements.
The following commercial or mixed-use projects require a site plan review permit:
A. Commercial. In addition to any other permits required by this Titlethe Zoning Code, no new building, structure, exterior alteration or enlargement of an existing building or structure exceeding 10,000 square feet shall be commenced in the Commercial Regional Center Zone (CRC) (Chapter 19.110) until a Site Plan Review Permit has been granted pursuant to this Cchapter.
B. Mixed-Use. In addition to any other permits required by this Titlethe Zoning Code, no new building, structure or exterior alteration or enlargement of an existing building or structure exceeding 20,000 square feet of nonresidential space or 20 residential units, whichever is greater, shall be commenced in any Mixed-Use Village or Urban Zones (Chapter 19.120) until a site plan review permit has been granted pursuant to this Cchapter.
C. Planning Commission requirement. The Planning Commission, at its discretion, may require a site plan review permit as a condition for any project.
D. Exemption.
1. Any site plan review included as part of the review for conditional use permits, minor conditional use permits and planned residential development permits and design review is subject to the requirements of Chapters 19.730 (Minor Conditional Use Permit), 19.760 (Conditional Use Permits) and 19.780 (Planned Residential Development Permit) and is therefore exempt from the requirement of a separate site plan review permit unless such site plan review is deferred at the time of approval of such permits.
2. Stand-alone multi-family or age-restricted senior residential uses in any Mixed-Use zone are permitted by right subject to Chapter 19.710 - Design Review, and do not require a Site Plan Review.
(<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; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=988206&datasource=ordbank" web="yes">7487</ulink> § 26, 11-5-2019; Ord. 7408 §1, 2018; Ord. 7331 §112, 2016; Ord. 7235 §19, 2013; Ord. 7091 §13, 2010; Ord. 6966 §1, 2007)
19.770.040 Conditions of approval.
In order to achieve the purposes of this Cchapter, the approving or appeal authority may require reasonable conditions of approval on a site plan review permit including, but not limited to the following.
A. Special conditions or requirements to revise the site plan, that are more restrictive than the development standards in the underlying base zone or including, but not limited to, the following:
1. Building height, bulk or mass;
2. Setbacks;
3. Lot coverage;
4. Lighting;
5. Private and common open space and/or recreational amenities;
6. Screening, including garages, trash receptacles, or mechanical equipment;
7. Landscaping;
8. Fencing plans;
9. Parking, access and on-site circulation;
10. Pedestrian circulation;
11. Grading;
12. Street dedication and improvements;
13. Public improvements either on or off the subject site that are needed to service the proposed development;
14. Project phasing;
15. Any other revisions to the site plan or operational conditions deemed necessary to further the purposes of this Ttitle.
B. Reduced development standards for affordable housing projects in accordance with the provisions of Chapter 19.545 (Density Bonus).
19.770.050 Findings.
The Planning Commission may approve a Site Plan Review for development upon making the following findings:
A. The proposed development is consistent with the General Plan, any applicable specific plans and the intent and purpose of the base zone.
B. The proposed development, as conditioned, will not have substantial adverse effects on the surrounding property or uses, and will be compatible with the existing and planned land use character of the surrounding area.
C. The proposed development is appropriate for the site and location. In mixed-use zones, the proposed development fosters a mixture and variety of land uses within the zone and the general vicinity and contributes to a synergistic relationship between uses.
D. Buildings within a mixed-use development project must be compatible with each other and be designed as an integrated, unified project. All proposed development must meet the design standards and guidelines in Section 19.120.070 (Design Standards and Guidelines). (<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1284848&datasource=ordbank" web="yes">Ord. 7660</ulink>, § 17, 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; Ord. 7331 §112, 2016; Ord. 6966 §1, 2007)
Chapter 19.780 PLANNED RESIDENTIAL DEVELOPMENT PERMITS
19.780.010 Purpose.
19.780.020 Applicability and permit requirements.
19.780.030 Procedures.
19.780.040 Permitted uses.
19.780.050 Density and findings for single-family residential zones.
19.780.055 Density and findings for Small Lot PRD.
19.780.060 Development standards.
19.780.070 Common ownership—Land or improvements.
19.780.010 Purpose.
A. These Planned Residential Development (PRD) regulations are established to allow for flexibility and creativity in design of single-family residential developments, and for the application of unique development standards that reflect special property conditions. Specifically, Planned Residential Development Permits are intended to achieve the following:
1. In all applicable zones:
a. Address the need to provide mechanisms to assist in producing a diversity of single-family residential housing and product types;
b. Provide an incentive for clustered property development of environmentally and topographically constrained land in order to minimize the impacts of development on more environmentally sensitive portions of that land, particularly in the RC Zone; c. Allow the development of small-lot infill subdivisions in existing neighborhoods, thereby allowing a more efficient and creative use of often difficult to develop properties when the proposed development is designed in a manner that is compatible with all existing development in the vicinity;
d. Encourage and allow more creative and imaginative project design by allowing increased development densities. In return, planned residential developments are required to incorporate open space, amenities for recreational and visual enjoyment and superior design features, which are encouraged, but not required of standard single-family residential developments;
e. To provide increased opportunities for home ownership consistent with the objectives of the City's General Plan; and
f. Assist in the preservation and enhancement of valuable natural areas, where appropriate and especially in the RC Zone.
2. In the RC Zone: PRD's in the Residential Conservation Zone (RC) shall be established consistent with General Plan objectives and voter approved initiatives (Proposition R and Measure C) to protect prominent ridges, hilltops and hillsides, slopes, arroyos, ravines and canyons, and other areas with high visibility or topographic conditions that warrant sensitive development from adverse development practices, and specifically, to achieve the following objectives:
a. To promote clustering of lots on less sensitive portions of the property to preserve valuable open space and wildlife habitat;
b. To provide each individual lot with its own private open space areas preserving natural open space areas and features in common open space areas pursuant to Proposition R and Measure C; and
c. To promote the preservation of viewscapes and low impact development. (<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1310591&datasource=ordbank" web="yes">Ord. 7683</ulink>, § 18, 2024; Ord. 7331 §113, 2016; Ord. 7027 §3, 2009; Ord. 6966 §1, 2007)
19.780.020 Applicability and permit requirements.
A Planned Residential Development is permitted according to the following permit types:
1) Planned Residential Development Permit.
a) Permitted in single-family residential zones except the RA-5 zone. b) Consists of any number of dwelling units.
2) Minor Planned Residential Development Permit (Minor PRD). a) Permitted in single-family residential zones except the RC and RA-5 zone. b) Consists of five to 16 dwelling units.
3) Administrative Planned Residential Development Permit (Admin PRD). a) Permitted in single-family residential zones except the RC and RA-5 zone. b) Consists of four or fewer parcels.
4) Small Lot Subdivision Planned Residential Development Permit (Small Lot PRD). a) Permitted in multi-family (R-3) residential zones except for R-4. b) Consists of 16 or fewer dwelling units.
The Approving Authority shall review and evaluate a proposed project, including plot plans, architectural plans, grading plans, tract or parcel map, and proposed amenities, and shall approve, conditionally approve, or deny the proposed project, based on the findings and criteria indicated in Section
19.780.050.A for single-family residential zones or Section 19.780.055.B for R-3 zones. (<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1310591&datasource=ordbank" web="yes">Ord. 7683</ulink>, § 19, 2024; Ord. 7331 §113, 2016; Ord. 6966 §1, 2007)
19.780.030 Procedures.
A. General process. All Planned Residential Development Permit (PRD) applications shall be processed in accordance with the discretionary permit processing provisions as set forth in Chapters 19.640 (General Permit Provisions), 19.650 (Approving and Appeal Authority), 19.660 (General Application Processing Procedures), 19.670 (Public Hearings and Notice Requirements), 19.680 (Appeals), 19.690 (Effective Dates, Time Limits, and Extensions) and other applicable cChapters of this Titlethe Zoning Code.
B. Map required. The application shall be accompanied by a tentative map that shall be filed with the Planning Division in accordance with procedures set forth in Chapter 18.080 of Title 18 (Subdivision Code).
C. Phasing. If a Planned Residential Development is proposed to be constructed in phases, the proposed phasing schedule is subject to approval by the Director of Community & Economic Development.
D. Planned Residential Development permit expiration. Time limits and extensions shall be the same as for the related subdivision, consistent with the provisions of Title 18 (Subdivision Code) prior to issuance of the first building permit. After the first building permit has been pulled the Planned Residential Development Permit is vested.
E. Voting approval requirements. The decision of Planning Commission to grant a Planned Residential Development Permit shall require an affirmative vote of 2/3 of the membership present and voting. (<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1310591&datasource=ordbank" web="yes">Ord. 7683</ulink>, § 20, 2024; Ord. 7331 §113, 2016; Ord. 6966 §1, 2007)
19.780.040 Permitted uses.
A. Single-family dwellings attached or detached.
B. Tiny home (foundation) in a tiny home community, except in the RC Zone.
C. Related recreation and community facilities for the use of residents of the development and their guests.
D. Natural open spaces.
E. Golf courses.
F. Multipurpose trails.
G. Other uses as may be permitted as part of the planned residential development.
H. In the single-family residential base zones, uses required by State law to be permitted in conjunction with a single-family residential use.
(<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. 7408 §1, 2018; Ord. 7331 §113, 2016; Ord. 7027 §4, 2009; Ord. 6966 §1, 2007)
19.780.050 Density and findings for single-family residential zones.
A. Benchmark density and findings for approval. In all single-family residential zones, densities up to the densities shown in Table 19.780.050 B (PRD Benchmark and Bonus Densities) for the underlying zone in which the project is located may be approved with the granting of a Planned Residential Development Permit, Minor Planned Residential Development Permit, or Administrative Planned Residential Development Permit, provided that the Approving Authority determines, based on demonstrated evidence, the project complies with the following criteria and findings, and the intent, standards, and requirements of this Cchapter. Additional density up to the limit of the bonus density
shown in Table 19.780.050.B may be considered if the project meets all the requirements stated in Section 19.780.050.E - Density Bonus for Superior Design.
Compliance with the following criteria shall be demonstrated for a proposed project to be approved, and the benchmark density to be granted. Failure to substantially meet or exceed all these standards shall result in disapproval of the project, or a lower density than the benchmark density.
1. In all single-family residential zones, other than RA-5 and RC Zone:
a. The property is well served by public infrastructure; b. The project enjoys good access to public services, including schools, shopping and public and semipublic facilities;
c. The site is located on streets capable of accommodating the anticipated traffic. A traffic study may be required;
d. The project complies with the purpose and standards of this Cchapter, demonstrates substantial compliance with the provisions of the Citywide Design and Sign Guidelines, and is in accordance with City Codes, which may include deviations by variances when required findings are made. Additional criteria used in evaluating the design of the project shall include, but shall not be limited to, the following:
i. Varied placement of buildings demonstrating sensitivity to the natural topographic features of the site;
ii. Relatively level land is set aside for active recreational pursuits; iii. Open space is distributed on the site and accessible to all units iv. An efficient circulation system consisting of both vehicular lanes and pedestrian walkways;
v. Sensitivity to surrounding community and attention to the edge conditions, creating areas of transition from surrounding existing development to the proposed development; and vi. Where front porches are consistent with the style of the development, a minimum of twothirds (⅔) of the total units shall provide front porches; e. The project proposes development in an environmentally and topographically sensitive manner in order to minimize the impacts of development on adjacent properties, and is designed in a manner that is compatible with the adjacent and existing development in the vicinity; f. The project provides amenities in compliance with this Cchapter, and that the amenities are consistent with the size and scale of the project, the project density, and neighborhood characteristics.
2. In the RC Zone:
a. Retention of unique natural features, including arroyos, hillsides and rock outcroppings, in natural open space areas consistent with the grading ordinance; b. Placement of buildings demonstrating sensitivity to the natural topographic and habitat features of the site, including clustering of homes in less sensitive and less steep locations in order to preserve such natural features and valuable natural open space, both for wildlife habitat and visual aesthetic purposes;
c. Provision of other amenities consistent with the RC Zone and as deemed appropriate for the project;
d. Provision that the development will not introduce non-native plants as defined by Table 6-2 of the Multiple Species Habitat Conservation Plan (MSHCP) into the landscape adjacent to the City's arroyos in perpetuity;
e. Maintenance and management of all open space easements by a single entity for the entire project with an appropriate natural open space management plan; f. Superior design of individual dwelling site plans and building architecture, including such features as porches and garages set back from the street in comparison to the house, and detailed four sided, building treatments. Many of the desirable features are found in the adopted Citywide Design and Sign Guidelines. The design of custom homes will be reviewed as individual homes are submitted for design review approval prior to building permit issuance;
g. Sensitivity to impacts of the development on surrounding uses, including linkages to natural open space areas where appropriate; and
h. Streets serving the development shall be capable of accommodating the anticipated traffic.
B. Maximum density. The maximum density of a PRD project shall be consistent with this Cchapter, the underlying General Plan land use designation(s), any applicable Specific Plan(s), as well as Table
19.780.050 B below.
Table 19.780.050.B
PRD Benchmark and Bonus Densities
Single Family
Residential Zone
Benchmark Density -
Dwellings per Gross
Acre(1)
Maximum Bonus
Percent %(2)
Maximum Density with
Bonus - Dwellings Per Gross
Acre(1)(2)
RC 0.5 (3) 25 0.63
RR 3.0 10 3.3
RE 3.0 10 3.3
R-1-7000 7.3 10 8.0
R-1-8500 6.3 10 6.9
R-1-10500 5.5 10 6.0
R-1-13000 4.8 10 5.3
R-1-1/2 acre 3.0 10 3.3
Notes:
(1) Density per gross acre is calculated including new public and private streets. (2) This is the maximum density bonus and any bonus less than the maximum may be granted based on the degree to that the project meets the criteria specified in 19.780.050.A and B. (3) The actual benchmark density shall be determined by the preparation of a conventional subdivision map in conformance with the RC Zone standards to show the actual number of lots that could be achieved based on the average natural slope (ANS), as defined by 19.100.050.C.
C. No PRD shall be granted approval if the project's base zone and General Plan land use designation are inconsistent, pursuant to General Plan Tables LU-5, LU-6 and LU-7.
D. Transfer of density. When two or more General Plan land use designations or base zones exist within a planned residential development, the density may be transferred between designation and/or zones within the same development as necessary to provide for a superior development based upon good planning principles, and to promote the general welfare of the neighborhood and maximum benefit to the natural environment. In particular, such transfers are desirable where density is transferred from steep, hillside land to flatter, less visually sensitive properties where significantly less grading is required. In the case of such a density transfer, the overall maximum density shall not exceed that otherwise permitted by the General Plan designation(s) (See 19.780.050.B). The only exception is that density cannot be transferred from a non-RC zoned property to an RC zoned property. For purposes of this Ssection, a project may consist of more than one underlying legal parent parcel; however, such parcels must be contiguous unless separated by an existing public or private street.
E. Density bonus for superior design. A PRD project may qualify for a density bonus up to the maximum shown in Table 19.780.050.B, provided that it meets the standards of Section 19.780.050.A, and satisfies the following criteria beyond those in 19.780.050.A.
1. All single-family residential zones, other than RA-5 and RC:
a. Except for Small Lot PRD projects, evidence that the project can be certified in LEED, National Green Building Standard, or an equivalent standard; and b. Evidence shall be provided to document that the project includes a minimum of three of the following for Administrative PRDs, four of the following for Minor PRD, and five of the following for the PRD permit:
(1) Designate all streets, sidewalks and trails that are built as part of the project or serving the project directly as available for general public use and not gated. Gated areas and enclaves are NOT considered available for public use.
(2) Design the building orientation for solar design, including the following provisions:
a. The glazing area on the north- and south-facing walls of the building is at least 50 percent greater than the sum of the glazing area on the east- and west-facing walls. b. The east-west axis of the building is within 15 degrees of due east-west. c. The roof has a minimum of 450 square feet of south-facing area that is oriented appropriately for solar applications.
d. At least 90 percent of the glazing on the south-facing wall is completely shaded (using shading, overhangs, etc.) at noon on June 21 and unshaded at noon on December
21. (3) Locate the project within a one-quarter mile of 11 basic community resources (Table
19.780.050.A), within a one-half mile of 14 basic community resources (Table
19.780.050.A) and within a one-half mile of a major transit stop, as defined in California Public Resource Code Section 21064.3.
Table 19.780.050 A
Basic Community Resources
Arts and entertainment center
Bank
Community or civic center
Convenience store
Daycare center
Fire station
Fitness center or gym
Laundry or dry cleaner
Library
Medical or dental office
Pharmacy
Police station
Post office
Place of worship
Restaurant
School
Supermarket
Other neighborhood-serving retail
Other office building or major employment center
Note: Up to two of each type of community resource may be counted. For example, two restaurants within one-quarter mile may be counted as two community resources; four restaurants also count as two. (4) Locate trees or other plantings to provide shading for at least 50 percent of sidewalks, patios and driveways. Shading should be calculated for noon on June 21, when the sun is directly overhead, based on five year's growth.
(5) Install light-colored high-albedo materials or vegetation for at least 50 percent of sidewalks, patios and driveways.
a. Acceptable strategies include the following:
i. White concrete;
ii. Gray concrete;
iii. Open pavers (counting only the vegetation, not pavers); and iv. Any material with a solar reflectance index (SRI) of a least 29. (6) Design the lot such that at least 70 percent of the built environment, not including area under roof, is permeable and designed to capture water runoff for infiltration on-site.
Area that can be counted toward the minimum includes the following:
a. Vegetative landscape (e.g., grasses, trees, shrubs, etc.). b. Permeable paving, installed by an experienced professional. Permeable paving must include porous above-ground materials (e.g., open pavers, engineered products) and a six-inch porous sub-base, and the base layer must be designed to ensure proper drainage away from the home.
c. Impermeable surfaces that are designed to direct all runoff toward an appropriate permanent infiltration feature (e.g., vegetated swale, on-site rain garden, or rainwater cistern).
(7) Design and install one of the following permanent erosion control measures:
a. If portions of the lot are located on a steep slope, reduce long-term runoff effects through use of terracing and retaining walls.
b. For every 500 feet of disturbed lot area (including the area under the roof), one tree, four 5-gallon shrubs, or 50 square feet of native groundcover shall be planted. (8) Design and install one or more of the following runoff control measures:
a. Install permanent stormwater controls in the form of vegetated swales, on-site rain garden, dry well, or rain-water cistern, or equivalent designed to manage runoff from the homes.
b. Install a vegetated roof to cover 50 percent or more of the roof area. c. Have the site designed by a licensed or certified landscape design or engineering professional such that it is demonstrated that all water runoff for the home is managed through an on-site design element.
(9) Design and install a rainwater harvesting and storage system (including surface runoff and/or roof runoff) for landscape irrigation use. The storage system must be sized to hold all the water from a one-inch rainfall event (equivalent to 0.62 gallons per square foot of roof area used for capture), taking into consideration the size of the harvest system (i.e., 50 percent of total roof area).
(10) Design the plumbing with irrigation system water supplied with municipal recycled water.
(11) Construct the project to exceed Title 24 requirements by 20 percent or more.
2. In the RC Zone: To protect prominent ridges, hilltops and hillsides, slopes, arroyos, ravines and canyons, and other areas with high visibility or topographic conditions that warrant sensitive development from adverse development practices, thus furthering the intent of Proposition R and Measure C and promoting clustering, all of the following are required:
a. Require all designated open space areas to be managed and maintained under the stewardship of a recognized conservation group as approved by the Approving Authority, with an endowment to fund such stewardship entirely;
b. The project shall provide at least six of the items listed in Section 19.780.050.E.1.b above; and c. The project shall provide evidence that unique natural features and steeper portions of the property are being preserved in open space, with lots clustered in the less steep portions of the site.
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1310591&datasource=ordbank" web="yes">Ord. 7683</ulink>, § 21, 2024; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=979504&datasource=ordbank" web="yes">7481</ulink> § 2, 2019; Ord. 7331 §113, 2016; Ord. 7027 §5, 2009; Ord. 6966 §1, 2007)
19.780.055 Density and findings for Small Lot PRD.
A. Maximum density. The maximum density of a Small Lot PRD project shall be consistent with the underlying General Plan land use designation and any applicable Specific Plan.
B. Minimum density. Small Lot PRD projects shall provide a minimum of 50 percent of the density of the underlying General Plan land use designation.
C. Findings. Compliance with the following criteria shall be demonstrated for a proposed project to be approved. Failure to substantially meet or exceed all these standards shall result in disapproval of the project.
1. The property is well served by public infrastructure;
2. The project enjoys good access to public services, including schools, shopping and public and semipublic facilities;
3. The site is located on streets capable of accommodating the anticipated traffic. A traffic study may be required;
4. The project complies with the purpose and standards of this Cchapter, demonstrates substantial compliance with the provisions of the Citywide Design and Sign Guidelines, and is in accordance with City Codes, which may include deviations by variances when required findings are made.
Additional criteria used in evaluating the design of the project shall include, but shall not be limited to, the following:
a. Open space is distributed on the site and accessible to all units; b. An efficient circulation system consisting of both vehicular lanes and pedestrian walkways; and
c. Sensitivity to surrounding community and attention to the edge conditions.
5. The project proposes development in an environmentally and topographically sensitive manner in order to minimize the impacts of development on adjacent properties, and is designed in a manner that is compatible with the adjacent and existing development in the vicinity. (<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1310591&datasource=ordbank" web="yes">Ord. 7683</ulink>, § 22, 2024)
19.780.060 Development standards.
A. Relationship to base zone development standards. The development standards set forth in this Ssection, if in conflict with the development standards of the underlying base zone, shall supersede the development standards of the underlying base zone, except in the RC Zone the underlying development standards still apply. This Ssection shall not supersede the development standards of any applicable overlay zone. In cases where a standard is not addressed in this Cchapter, the standard of the base zone or any applicable overlay zone shall apply. The standards set forth herein are the minimum required for a PRD to qualify for the benchmark density.
B. Standards for all Planned Residential Developments - RR, RE, and all R-1 Zones.
1. Lot size and coverage. Minimum lot size and maximum lot coverage requirements to be determined by the Approving Authority on a case specific basis in part based on product type, characteristics of the property and surrounding uses.
2. Setbacks.
RE, RR & R-1-½ Ac. R-1 Zones
(except R-1-1/2)
Setbacks from Project Perimeters (May be modified in conjunction with the PRD):
Adjacent to a Public Street -
reverse frontage lots
Same as base zone. The setback shall be fully landscaped and fences or walls may encroach up to 5 feet into the required setback area.
Adjacent to a Public Street -
street frontage lots
15 ft. Street-facing garages shall be setback a minimum of 20 feet from the front property line.
Adjacent to Perimeter
Property Lines 1 20 ft. 15 ft.
Setbacks within Project Boundaries (May be modified in conjunction with the PRD):
Front Yard Setback 15 ft. 10 ft.
Side Yard Setback 5 ft. 5 ft.
Rear Yard Setback 15 ft. 10 ft.
1 Except for Administrative PRD and Minor PRD projects which shall provide perimeter property line setbacks applicable to primary dwellings consistent with the Zone.
3. Usable open space and recreational facilities
a. Planned Residential Development Permit.
(1) A minimum of 500 square feet of usable common open space per dwelling unit is required. The number and type of desirable amenities for a project will be determined on a case-by-case basis in proportion to the size and design of the project. Desirable common open space amenities include, but are not limited to, the following:
a. Multiple enclosed tot lots with multiple play equipment. The tot lots shall be conveniently located throughout the site. The number of tot lots and their location shall be subject to Planning Commission review and approval; b. Pool and spa;
c. Multi-purpose room equipped with kitchen, defined areas for games, exercises, recreation, private gathering of residents, etc.;
d. Barbeque facilities equipped with multiple grills, picnic benches, etc. The barbecue facilities shall be conveniently located throughout the site. The number of barbeque facilities and their locations shall be subject to Planning Commission review and approval;
e. Court facilities (e.g. tennis, volleyball, basketball, etc.); f. Jogging/walking trails with exercise stations;
g. Community garden;
h. Theater;
i. Computer room;
j. Exercise room;
k. Golf course, putting green, etc.;
l. Passive recreational facilities tied to existing topographical features, with gazebos, benches, etc.;
m. Art pieces; and
n. Water features.
(2) Private open space.
a. A minimum of 200 square feet per dwelling unit is required, with no dimension less than ten feet.
b. Minor Planned Residential Development Permit
(1) A minimum of 500 square feet of usable open space per dwelling unit is required. The usable open space may be provided in any combination of common open space and private open space.
c. Administrative Planned Residential Development Permit (1) A minimum of 300 square feet of usable open space per dwelling unit is required. The usable open space may be provided in any combination of common open space and private open space.
4. Reserved.
5. Parking. Parking shall be in accordance with Chapter 19.580 (Parking and Loading) with the following exceptions and additions:
a. Planned Residential Development Permit projects.
(1) A minimum of two fully enclosed (garage) spaces are required per dwelling unit. (2) A minimum of one guest space per three dwelling units is required. On-street parking may be credited toward this requirement. On-street parking is only allowed on a curb to curb street width of 28 feet or greater. Driveway spaces above shall not be counted toward these required guest spaces.
(3) Recreational vehicle parking. Recreational vehicle parking is prohibited on a residential lot. A separate recreational vehicle parking lot is permitted, subject to requirements for adequate screening, including a required eight-foot high block wall, and five-foot landscape planters on all sides.
b. Administrative PRD and Minor PRD projects.
(1) A minimum of one guest space per three dwelling units is required. Interior on-street parking may be credited toward this requirement. On-street parking is only allowed on a curb to curb street width of 28 feet or greater. Driveway spaces may be counted toward these required guest spaces for Administrative PRD projects. (2) Recreational vehicle parking is prohibited.
6. Building height.
a. Per the underlying zone.
b. For Administrative PRD and Minor PRD, the number of stories may be increased to three.
C. Standards for RC Zone planned residential development.
1. Lot size. In order to promote clustering, lots shall be a minimum of one-half acre in size and clustered in the less steep portions of the site.
2. Lot coverage maximum lot coverage requirements to be determined by the Planning Commission on a case specific basis based, in part, on product type, characteristics of the property and surrounding uses.
3. Height. Same as RC Zone (See Section 19.100.040, Residential Development Standards).
4. Setbacks. Same as RC Zone (See Section 19.100.040, Residential Development Standards).
5. Common natural open space and clustering. Section 19.780.050 A (Benchmark Density) sets forth the criteria for a PRD to qualify for the benchmark density in the RC Zone, including provision of valuable natural open space and wildlife habitat and a site plan layout sensitive to the natural topography, both for wildlife habitat and resource conservation as well as visual aesthetic purposes. There is no minimum standard, although each development is encouraged to set aside a substantial portion of the site toward natural open space.
6. Parking. A minimum of two fully enclosed (garage) spaces are required per dwelling unit.
D. Standards for Small Lot Subdivision Planned Residential Developments - all R-3 Zones.
1. Lot size and coverage. Minimum lot size and maximum lot coverage requirements to be determined by the Planning Commission on a case specific basis in part based on product type, characteristics of the property and surrounding uses.
a. In no instance shall a lot resulting from a Small Lot PRD project be larger than 5,499 square feet.
2. Height and Stories. Small Lot PRD projects shall have a maximum height of 35 feet and three stories.
3. Setbacks. Setbacks shall be determined by lot size in accordance with the following but may be modified in conjunction with a PRD permit:
Minimum Setbacks Lot Size (square feet)
1,500—2,999 3,000—4,499 4,500—5,499
Front 10 ft. 10 ft. 10 ft.
Interior Side 0/5 ft. 3/5 ft. 5 ft.
Street Side 10 ft. 10 ft. 10 ft.
Rear 10 ft. 10 ft. 15 ft.
4. Privacy Considerations. Small Lot PRD projects that abut the RA-5, RC, RR, RE, or R-1 Zone shall adhere to the following:
a. Windows within 30 feet of a structure on another parcel shall not directly align with the windows of the neighboring structure.
b. Upper story unenclosed landings, decks, and balconies that face or overlook an adjoining RA5, RC, RR, RE, or R-1 Zoned property shall be located a minimum of 15 feet from the interior lot lines.
5. Usable open space and recreational facilities.
a. Usable open space shall be provided pursuant to Table 19.100.070 (Usable Open Space Standards: Multi-Family Residential Zones).
b. The usable open space may be provided in any combination of common open space and private open space.
6. Parking.
a. Parking shall be in accordance with Chapter 19.580 (Parking and Loading). b. Recreational vehicle parking is prohibited.
E. Private streets. Refer to private street standards in Title 18.210. (<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1310591&datasource=ordbank" web="yes">Ord. 7683</ulink>, § 23(Exh. I), 2024; 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 §113, 2016; Ord. 7027 §6, 2009; Ord. 6966 §1, 2007)
19.780.070 Common ownership—Land or improvements.
A. Planned Residential Development projects.
1. Covenants, conditions and restrictions (CC&R's). Where a Planned Residential Development contains any land or improvement proposed to be held in common ownership, the applicant shall submit a declaration of covenants, conditions and restrictions (CC&R's) with the final map establishing a Home Owner's Association subject to City's Planning Division and the City Attorney's Office approval. Such declaration shall set forth provisions for maintenance of all common areas, payment of taxes and all other privileges and responsibilities of the common ownership. The CC&R's shall include provisions prohibiting the homeowners' association (HOA) from quitclaiming, selling or otherwise transferring the land held in common ownership to private property owners.
2. Amendments to CC&R's. The provisions of approved CC&R's shall not be amended without the prior approval of the Community Development Director or his/her designee and City Attorney who at his or her discretion may refer the matter to the Planning Commission. Requests for amendments to existing CC&R's shall be submitted to the Planning Division.
3. Maintenance. All private streets, walkways, parking areas, landscaped areas, storage areas, screening, sewers, drainage facilities, utilities, open space, recreation facilities and other improvements not dedicated to public use shall be maintained by the property owners. Provisions acceptable to the affected City Departments shall be made for the preservation and maintenance of all such improvements prior to the issuance of building permits.
4. Failure to maintain constitutes a public nuisance. All commonly-owned lots, improvements and facilities shall be preserved and maintained in a safe condition and in a state of good repair. Any failure to so maintain is unlawful and a public nuisance endangering the health, safety and general welfare of the public and a detriment to the surrounding community.
B. Administrative PRD, Minor PRD, and Small Lot PRD projects.
1. Maintenance agreement required. An agreement for access and maintenance for all facilities used in common shall be submitted as part of the Subdivision Map. The agreement shall be approved
by the City Attorney and recorded with the Riverside County Assessor-County Clerk-Recorder prior to the sale of any unit.
2. The maintenance agreement shall be composed of and executed by all property owners to maintain all private streets, walkways, parking areas, landscaped areas, storage areas, screening, sewers, drainage facilities, utilities, open space, recreation facilities and other improvements not dedicated to public use.
3. The maintenance agreement shall run with the land. Each owner and future property owners shall automatically become members of the agreement and shall be subject to a proportionate share of the maintenance and related costs.
4. A final copy of the maintenance agreement, once recorded, shall be submitted to the Planning Division and Public Works Department for placement in the PRD and subdivision files. (<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1310591&datasource=ordbank" web="yes">Ord. 7683</ulink>, § 24, 2024; Ord. 7331 §113, 2016; Ord. 7235 §20, 2013; Ord. 6966 §1, 2007)
Chapter 19.785 TRAFFIC PATTERN MODIFICATION MEASURES
19.785.010 Purpose.
19.785.020 Traffic pattern modification measures.
19.785.030 Procedures.
19.785.040 Required findings.
19.785.050 Conditions of Approval.
19.785.010 Purpose.
The City declares its purpose to encourage through traffic to use freeways and arterial streets rather than local residential streets. In order to achieve this purpose, The City may implement traffic pattern modification measures to discourage the use of local residential streets where reasonably warranted. (Ord. 7331 §114, 2016; Ord. 6966 §1, 2007)
19.785.020 Traffic pattern modification measures.
The following traffic pattern modification measures may be implemented subject to the procedures and findings contained in this Cchapter:
A. Converting two-way streets into one-way streets;
B. Street closures;
C. Addition of raised medians for traffic diverters and/or traffic circles to existing streets; and D. Any other modification measure consistent with the intent and purpose of this Cchapter. (Ord. 7331 §114, 2016; Ord. 6966 §1, 2007)
19.785.030 Procedures.
Traffic pattern modification measures applications shall be processed in accordance with the discretionary permit processing provisions as set forth in Chapters 19.650 (Approving Authority), 19.660 (General Application Processing Procedures), 19.670 (Notices and Hearings) and 19.680 (Appeals), 19.690 (Effective Dates) and other applicable cChapters of this Titlee Zoning Code. (Ord. 7331 §114, 2016; Ord. 6966 §1, 2007)
19.785.040 Required findings.
The Planning Commission may approve a traffic pattern modification measure, including conditions of approval if, from the evidence presented at the public hearing, the following written findings can be made:
A. The measure will provide for the health and safety of the citizenry and will not substantially impair the rendering of emergency and public services;
B. The measures will not unreasonably interfere with general traffic circulation via the public rightsof-way designated as major and secondary streets in the circulation element of the General Plan; C. There is sufficient evidence to indicate that one or more of these conditions exist:
1. An abnormally high percentage of traffic is unrelated to the local neighborhood and is merely passing through;
2. Street design or conditions permit excessive vehicular speeds;
3. There is a separate street from the general neighborhood circulation pattern to preserve the unique character or adjacent properties, to encourage pedestrian, equestrian or nonmotorized vehicular travel and/or to discourage crime, noise, air pollution, and other hazards to public safety and welfare; and
4. In the case of street closure, a separate factual finding must be made that the street is no longer needed as contemplated by the California Vehicle Code Section 21101.
D. The measures will not unreasonably restrict access to adjacent properties nor impair the constitutionally guaranteed rights of any individual or group. Releases may be acquired as determined by the City Attorney.
E. The measures will not create an unacceptable internal circulation system characterized by any excessively long dead-end or cul-de-sac street, poor aesthetics, poor drainage, difficult maintenance requirements or poor street design geometry. (Ord. 7331 §114, 2016; Ord. 6966 §1, 2007)
19.785.050 Conditions of Approval.
A. In approving a traffic pattern modification measure case, certain safeguards may be required and certain conditions established to protect the public health, safety, convenience and general welfare and to assure that the purposes of this Titlethe Zoning Code shall be maintained with respect to the proposal, traffic characteristics and environmental impacts of the proposal within the general area the proposal is to be located.
B. The conditions attached to the traffic pattern modification measure case may include such provisions concerning improvements, design, operation characteristic, land use compatibility, general character, appearance, environmental impact, time limits for commencing the construction authorized, revocation dates, and other conditions the Planning Commission may deem appropriate and necessary to carry out the purposes of this Titlethe Zoning Code and Chapter. (Ord. 7331 §114, 2016; Ord. 6966 §1, 2007)
Chapter 19.790 CONDOMINIUM CONVERSION PERMITS
19.790.010 Purpose.
19.790.020 Procedures.
19.790.030 Applicability and permit requirements.
19.790.040 Definitions.
19.790.050 Guidelines and standards.
19.790.060 Additional permit processing requirements.
19.790.070 Implementation.
19.790.010 Purpose.
The purpose of these provisions is to promote greater individual choice in type, quality, price and location of housing; to provide for the housing needs of all segments of the population; to provide increased home ownership opportunities of all segments of the population; to provide a method to approve separate ownership of units within nonresidential multiple-unit buildings or upon a parcel of land containing more than one unit; to mitigate the hardship caused by displacement of tenants, particularly those in low to moderate housing, those who are elderly, families with minor dependent children, the handicapped and the disabled; to promote the safety of condominium conversion projects and the correction of building Code violations in such projects; to maximize the availability of pertinent information for intelligent decision-making by public officials and potential buyers; and to generally regulate projects in accordance with State law, the General Plan, any applicable specific plans and with the public health, safety and welfare.
(Ord. 7331 §115, 2016; Ord. 6966 §1, 2007)
19.790.020 Procedures.
A. General process. Condominium Conversion Permit (CCP) applications shall be processed in accordance with the discretionary permit processing provisions as set forth in Chapters 19.650 (Approving Authority), 19.660 (General Application Processing Procedures), 19.670 (Notices and Hearings),
19.680 (Appeals), 19.690 (Effective Dates) and other applicable cChapters of this Titlethe Zoning Code.
(Ord. 7331 §115, 2016; Ord. 6966 §1, 2007)
19.790.030 Applicability and permit requirements.40
A. Condominium Conversion Permit required. No subdivision map shall be approved for the purpose of a conversion to a common interest development, as defined by Section 1351 4100 of the California Civil Code and Section Article X (Definitions), unless a condominium conversion permit is processed pursuant to this Cchapter and granted prior to or concurrently with such approval. No dwelling unit or mobile home space shall be the subject of a condominium conversion unless a condominium conversion permit is granted prior to such conversion.
B. Conversion of existing development with an existing condominium map. Condominium conversions with existing Condominium maps are also subject to the provisions of this Cchapter.
C. Subdivision map. If applicable, a tentative subdivision map to implement the conversion shall be filed and considered simultaneously with the application for a condominium conversion permit. The two applications shall be jointly approved, continued or denied by the Planning Commission. The expiration date of the map, including any subsequent extensions of time, shall apply to the condominium conversion permit as well.
D. Additional application materials. The application for a condominium conversion permit shall include but not be limited to the following:
1. A list certified by the applicant of the names and addresses of all the tenants of the project at the time of the application; and
2. A project analysis and inspection report, complete with an inter-unit acoustical report, certified by a competent expert or experts acceptable to the Planning Division, prepared pursuant to the requirements of the applicable resolution, describing in detail the physical characteristics and condition of the subject project, including all buildings, open spaces, parking facilities and appurtenances. The certification shall be accompanied by a fully-detailed plot plan drawn to scale.
The inter-unit acoustical report shall not be required for mobile home park conversions nor nonresidential conversions.
(Ord. 7331 §115, 2016; Ord. 6966 §1, 2007)
19.790.040 Definitions.41
For the purposes of this Cchapter the following terms have the meanings as defined in Section 1351 4100 of the California Civil Code and are as follows:
A. Association means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
B. Common area means the entire common interest development except the separate interests therein. The estate in the common area may be a fee, a life estate, an estate for years or any combination of the foregoing. However, the common area for a planned development specified in Pparagraph (2) of Ssubdivision (k) may consist of mutual or reciprocal easement rights appurtenant to the separate interests.
C. Condominium site plan means a plan consisting of (1) a description or survey map of a condominium project, which shall refer to or show monumentation on the ground, (2) a three-dimensional description 40 Sec. 19.790.030 Applicability and permit requirements. Civil Code § 1351 was renumbered as shown in 2014. (FOOTNOTE 351 IN EXHIBIT 2)
41 Sec. 19.790.040 Definitions. Civil Code § 1351 and 1353 were repealed/renumbered as shown in 2014. Civil Code § 1367 and 1367.1 were also renumbered as shown in 2014. (FOOTNOTE 352 IN EXHIBIT 2)
of a condominium project, one or more dimensions of which may extend for an indefinite distance upwards or downwards, in sufficient detail to identify the common areas and each separate interest, and (3) a certificate consenting to the condominium conversion signed and acknowledged by the record owner of the property.
D. Declarant means the person or group of persons designated in the declaration as declarant, or if no declarant is designated, the person or group of persons who sign the original declaration or who succeed to special rights, preferences, or privileges designated in the declaration as belonging to the signator of the original declaration.
E. Declaration means the document, however denominated, that contains the information required by Section 4200 1353 (Ca. Civil Code).
F. Exclusive use common area means a portion of the common areas designated by the declaration for the exclusive use of one or more, but fewer than all, of the owners of the separate interests and which is or will be appurtenant to the separate interest or interests.
1. Unless the declaration otherwise provides, any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, exterior doors, doorframes, and hardware incident there to, screens and windows or other fixtures designed to serve a single separate interest, but located outside the boundaries of the separate interest, are exclusive use common areas allocated exclusively to that separate interest.
2. Notwithstanding the provisions of the declaration, internal and external telephone wiring designed to serve a single separate interest, but located outside the boundaries of the separate interest, are exclusive use common areas allocated exclusively to that separate interest.
G. Governing documents means the declaration and any other documents, such as bylaws, operating rules of the association, articles of incorporation, or articles of association, that govern the operation of the common interest development or association.
H. Planned development means a development (other than a community apartment project, a condominium project, or a stock cooperative) having either or both of the following features:
1. The common area is owned either by an association or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area.
2. A power exists in the association to enforce an obligation of an owner of a separate interest with respect to the beneficial use and enjoyment of the common area by means of an assessment that may become a lien upon the separate interests in accordance with Section 5740 1367 or 4040 1367.1 (Cal. Civil Code).
(Ord. 7331 §115, 2016; Ord. 6966 §1, 2007)
19.790.050 Guidelines and standards.
The following guidelines and standards prescribe minimum desirable characteristics of residential properties intended for condominium conversion; however, the approval of any conversion will not necessarily be contingent upon compliance or non-compliance with all of the prescribed guidelines.
Mandatory standards are so designated. Only Subsections D, H, I, J, L and M shall apply to mobile home park conversions.
A. Unit size (mandatory). Each dwelling unit shall contain a minimum of 600 square feet.
B. Parking. A minimum of two covered parking spaces meeting established access, size and improvement standards should be provided for each dwelling unit in the project. At least 50 percent of the units shall have a completely enclosed, one car garage.
C. Private open space. All multi-family condominium conversions shall comply with the usable open space requirements of the R-3 Zones.
D. Landscaping. All open areas should be well landscaped with plant material suitable to climate and location consistent with the provisions of Chapter 19.570 (Water Efficient Landscaping and Irrigation).
Said areas should be watered by a full-coverage, automated irrigation system in good working order.
E. Noise (mandatory). Common walls and ceilings of all units shall be constructed or upgraded using techniques to limit noise transmission as specified by the current Building Code or equivalent.
F. Fire suppression (mandatory). Smoke detectors meeting the current Building and Fire Codes shall be installed in all residential units and other enclosed common areas such as hallways, recreation rooms and utility rooms. Additional fire suppression equipment such as alarm systems, fire extinguishers and sprinklers shall also be provided as recommended by the Fire Department.
G. Energy conservation. The project should include substantial energy and resource conservation measures such as high efficiency thermal insulation, high efficiency heating and cooling equipment, limited window area or double glazing, water flow restrictors, solar water heating and the like.
H. Structural condition (mandatory). All buildings shall be in sound structural condition, pest and verminfree, watertight and have paint in adequate condition so as to not require repainting for at least five years from the date of issuance of the condominium conversion permit. All amenities and mechanical appurtenances shall be in sound working order. The applicant shall provide an inspection report subject to the approval of the Building Official, demonstrating compliance with this requirement.
I. Domestic facilities (mandatory). Each dwelling shall be provided with its own clothes washer and dryer hookups and garbage disposal facilities.
J. Utilities (mandatory). All utilities, plumbing and sewage disposal systems shall be in sound, safe and fully-operable condition. Each dwelling or mobile home space shall be provided with its own utility meters. A single water meter for the entire project is permitted.
K. Disabled facilities. Condominium conversions shall comply with the current State law regarding access and accommodations for persons with disabilities.
L. Mobile home parks. The minimum desirable characteristics for mobile home parks shall be the standards established under Chapter 19.210 (Mobile Home Park Overlay Zone). (<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1284848&datasource=ordbank" web="yes">Ord. 7660</ulink>, § 18, 2024; Ord. 7331 §115, 2016; Ord. 6966 §1, 2007)
19.790.060 Additional permit processing requirements.
A. Public hearing notice to tenants. In addition to the notice required by Chapter 19.670 (Public Hearings and Notice Requirements), if the proposed subdivision is a conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, the notice shall also be given by the City by United States mail to each tenant of the subject property, and shall also include notification of the tenant's right to appear and be heard. The requirements of this Ssubdivision, in accordance with Section 66451.3 (State Government Code) may be satisfied by service of the notice in compliance with the requirements for service of legal process by mail.
B. Report served on subdivider and tenants. Any report or recommendation on a tentative map by the staff of the City to the Approving or Appeal Authority or City Council on appeal or referral shall be in writing and a copy thereof served on the subdivider and on each tenant of the subject property; in the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, at least three days prior to any hearing or action on such map by such advisory agency or legislative body.
(Ord. 7331 §115, 2016; Ord. 6966 §1, 2007)
19.790.070 Implementation.
Prior to recordation of the implementing subdivision map, the applicant shall provide a covenant acceptable to the City Attorney's Office, binding upon the applicant and the applicant's heirs, successors and assigns, guaranteeing that all of the following will occur prior to sale of any condominium unit:
A. Provision of required notice of intent to convert to a condominium as required by State laws; B. Provision of the right of first refusal for all existing tenants at the time of conversion to purchase their individual units at offered terms or better;
C. Creation of a condominium owners' association;
D. Provision of covenants, conditions and restrictions subject to approval by the Planning Division and the City Attorney's Office;
E. Guarantee the establishment of a fund for the operation and maintenance of the condominium and its association; the amount of said fund shall equal or exceed either the Subdivision Map Act or the Department of Real Estate requirements;
F. Establishment of and participation in a relocation program for existing tenants who do not choose to purchase units. The relocation program shall be established and operated pursuant to the regulations and standards adopted by resolution of the City Council; G. Provision of a covenant requiring the owner to give written notice of all variances granted from the guidelines and standards listed in Section 19.790.050 (Guidelines and Standards) to each buyer; and
H. Re-inspection of the project in the same manner as required by Subsection C 2 of Section
19.790.030 (Applicability and permit requirements) immediately prior to sale of the dwelling units or mobile home spaces and correction of all unsatisfactory, unsafe or unlawful conditions prior to commencement of sale.
(Ord. 7331 §115, 2016; Ord. 6966 §1, 2007)
Chapter 19.795 ACCESSIBILITY APPEALS
19.795.010 Purpose.
19.795.020 Applicability.
19.795.030 Procedure.
19.795.010 Purpose.
This Cchapter is established as a cross-reference to Chapter 2.40 of thisthe Riverside Municipal Code.
(Ord. 7331 §116, 2016; Ord. 6966 §1, 2007)
19.795.020 Applicability.
The Planning Commission shall have the power and duty to hear the appeal of any person aggrieved by any order, act or determination of the Building Official regarding accessibility issues. In such capacity the Planning Commission is not vested with legislative authority and must act within the framework of existing ordinances. The Planning Commission is authorized, upon appeal, to approve or disapprove interpretations and enforcement actions taken by the Building Official relating to access. (Ord. 7331 §116, 2016; Ord. 6966 §1, 2007)
19.795.030 Procedure.
The appeal procedure is set forth in Section 2.40.030 of thisthe Riverside Municipal Code. (Ord. 7331 §116, 2016; Ord. 6966 §1, 2007)
Chapter 19.800 GENERAL PLAN TEXT/MAP AMENDMENT
19.800.010 Purpose.
19.800.020 Initiation of amendment.
19.800.030 Reserved.
19.800.040 Procedures.
19.800.010 Purpose.
Government Code Section 65358 authorizes and specifies procedures for amendments and modifications to a City's General Plan. City resolution No. 20561 sets forth procedures for the adoption of policies and procedures for amending the General Plan. Amendments are considered appropriate in response to changing in conditions.
(Ord. 7331 §117, 2016; Ord. 6966 §1, 2007)
19.800.020 Initiation of amendment.
General Plan amendments, pursuant to Section 19.660.015(A) (Initiation of Applications), may be initiated in any one of the following manners:
A. Upon minute action of the City Council.
B. Upon minute action of the Planning Commission.
C. By Community & Economic Development Department Director, or his/her designee; or D. Upon application by a property owner or owners of any parcel subject to the General Plan. (<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §51, 2021; Ord. 7331 §117, 2016; Ord. 6966 §1, 2007)
19.800.030 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> §52, adopted in 2021, repealed §19.800.030, which pertained to the frequency of the general plan and derived from Ord. 7331 §117, adopted in 2016 and Ord. 6966 §1, adopted 2007.
19.800.040 Procedures.
A. General process.
1. City-initiated General Plan Text/Map amendments.
a. City-initiated General Plan Text/Map amendments shall be processed in accordance with the provisions as set forth in Chapters 19.650 (Approving Authority), 19.660 (General Application Processing Procedures), 19.670 (Notices and Hearings), 19.680 (Appeals),
19.690 (Effective Dates) and other applicable cChapters of this Titlethe Zoning Code. b. The Planning Commission shall make a recommendation to the City Council to approve, deny or modify staff's recommendation.
c. If General Plan Text/Map Amendments are referred to the Planning Commission by the City Council, failure of the Planning Commission to report to the City Council within 90 days, or within the time specified by the City Council, shall be deemed to be approval of staff's recommendation.
d. The City Council is the final Approving Authority with a simple majority vote required for approval.
2. Applicant-initiated General Plan Text/Map amendments. a. Applicant initiated General Plan Text/Map amendments shall be processed in accordance with the discretionary permit processing provisions as set forth in Chapters 19.650 (Approving Authority), 19.660 (General Application Processing Procedures), 19.670 (Notices and Hearings), 19.680 (Appeals), 19.690 (Effective Dates) and other applicable cChapters of this Titlethe Zoning Code.
b. Voting/approval requirement.
(1) Approval of a General Plan Text/Map amendment requires the affirmative vote of at least four Planning Commission members, or a majority, whichever is greater. (2) The Planning Commission's denial of a General Plan amendment is final unless appealed to the City Council.
(3) If approved by the Planning Commission or appealed to the City Council, the City Council is the final approving authority with a simple majority vote required for approval.
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §53, 2021; Ord. 7331 §117, 2016; Ord. 6966 §1, 2007) Chapter 19.810 ZONING CODE TEXT/MAP AMENDMENT
19.810.010 Purpose.
19.810.020 Initiation of tText/mMap amendment.
19.810.030 Procedures.
19.810.040 Required findings for Zoning Code amendment.
19.810.010 Purpose.
Government Code Section 65853 allows amendments to any provisions of this Titlethe Zoning Code.
Whenever the public necessity, convenience, general welfare or good zoning practice requires, the City Council may, amend, supplement or change the regulations, zone boundaries or zoning classifications of property established by this Titlethe Zoning Code.
(Ord. 7331 §118, 2016; Ord. 6966 §1, 2007)
19.810.020 Initiation of tText/mMap amendment.
Amendments to the provisions of this Titlethe Zoning Code, pursuant to Section 19.660.015(A) (Initiation of Applications), may be initiated in any one of the following manners:
A. Upon minute action of the City Council;
B. Upon minute action of the Planning Commission;
C. By the Community & Economic Development Department Director, or his/her designee; or D. Upon application by a property owner or owners of any parcel subject to requirements of this Titlethe Zoning Code.
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §54, 2021; Ord. 7331 §118, 2016; Ord. 7235 §21, 2013; Ord. 7091 §15, 2010; Ord. 6966 §1, 2007)
19.810.030 Procedures.
A. General process.
1. City-initiated Zoning Code Text/Map amendments.
a. City-initiated Zoning Code Text/Map amendments shall be processed in accordance with the provisions as set forth in Chapters 19.650 (Approving Authority), 19.660 (General Application Processing Procedures), 19.670 (Notices and Hearings), 19.690 (Effective Dates) and other applicable cChapters of this Titlethe Zoning Code. b. The Planning Commission shall make a recommendation to the City Council that they approve, deny or modify staff's recommendation.
c. If Zoning Code Text/Map Amendments are referred to the Planning Commission by the City Council, failure of the Planning Commission to report to the City Council within 90 days, or within the time specified by the City Council, shall be deemed to be an approval of the proposed modification.
d. The City Council is the final approving authority with a simple majority vote required for approval.
2. Applicant-initiated Zoning Code Text/Map amendments. a. Applicant-initiated Zoning Code Text/Map amendments shall be processed in accordance with the discretionary permit processing provisions as set forth in Chapters 19.650 (Approving Authority), 19.660 (General Application Processing Procedures), 19.670 (Notices and Hearings), 19.680 (Appeals), 19.690 (Effective Dates) and other applicable cChapters of this Titlethe Zoning Code.
b. Voting/approval requirement.
(1) Approval of a Zoning Code amendment requires the affirmative vote of at least four Planning Commission members, or a majority, whichever is greater. (2) The Planning Commission's denial of a Zoning Code amendment is final unless appealed to the City Council.
(3) If approved by the Planning Commission, or appealed to the City Council, the City Council is the final approving authority with a simple majority vote required for approval.
3. Notwithstanding the above, application and removal of the CR (Cultural Resources) Overlay Zone shall be approved directly by the City Council.
B. Notice. The Planning Commission shall hold a public hearing on any proposed rezone or amendment to this Title the Zoning Code. Notice of the hearing shall be given pursuant to Section 19.670.040(A) (Notice of Hearing for Legislative Actions) and if the proposed rezone or amendment to this Titlethe Zoning Code affects the permitted uses of real property, notice shall also be given pursuant to Section
19.670.040(B) (Notice of Hearing for Legislative Actions).
C. Adoption.
1. Zoning Code Text/Map amendments shall be adopted by ordinance of the City Council that constitutes final action.
2. Ordinances to amend the Zoning Code Text/Map are subject to referendum and, therefore, become effective 30 days after their adoption.
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §55, 2021; Ord. 7331 §118, 2016; Ord. 7091 §§16, 17, 2010; Ord. 6966 §1, 2007)
19.810.040 Required findings for Zoning Code amendment.
In acting to approve any amendment to the Zoning Code text or map, the City Council shall be required to make the following findings:
A. That the proposed Zoning Code text or map amendment is generally consistent with the goals, policies, and objectives of the General Plan;
B. That the proposed Zoning Code text or map amendment will not adversely affect surrounding properties; and
C. That the proposed Zoning Code text or map amendment promotes public health, safety, and general welfare and serves the goals and purposes of this Titlethe Zoning Code.
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §56, 2021; Ord. 7331 §118, 2016; Ord. 7091 §18, 2010; Ord. 6966 §1, 2007)
Chapter 19.820 SPECIFIC PLAN/SPECIFIC PLAN TEXT/MAP AMENDMENTS * *Editor's note— <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §57, adopted in 2021 amended Ch. 19.820 by changing the title from "Specific Plan/Specific Plan Amendments" to "Specific Plan/Specific Plan Text/Map Amendments," as set out herein.
19.820.010 Purpose.
19.820.020 Procedures.
19.820.030 Specific Plan initiation.
19.820.040 Specific Plan requirements.
19.820.010 Purpose.
As set forth in Government Code Sections 65450 through 65457, the Specific Plan provides a means to establish more specific land use regulations and design standards for properties requiring special attention and treatment. A Specific Plan serves as a policy and regulatory document, with policy direction and project development concepts consistent with the General Plan. The Specific Plan (SP) Overlay Zone (see Chapter 19.220) allows provisions of a Specific Plan to be applied as zZoning regulations. (Ord. 7331 §119, 2016; Ord. 6966 §1, 2007)
19.820.020 Procedures.
A. General process.
1. City Initiated Specific Plan/Specific Plan Text/Map Amendments. a. City Initiated Specific Plan/Specific Plan Text/Map amendments shall be processed in accordance with the provisions as set forth in Chapters 19.650 (Approving Authority),
19.660 (General Application Processing Procedures), 19.670 (Notices and Hearings), 19.690 (Effective Dates) and other applicable cChapters of this Titlethe Zoning Code. b. The Planning Commission shall make a recommendation to the City Council that they approve, deny or modify staff's recommendation.
c. If a Specific Plan/Specific Plan Text/Map Amendment is referred to the Planning Commission by the City Council, failure of the Planning Commission to report to the City Council within 90 days, or within the time specified by the City Council, shall be deemed to be an approval of the proposed modification.
d. The City Council is the final approving authority with a simple majority vote required for approval.
2. Applicant initiated Specific Plan/Specific Plan Text/Map Amendments.
a. Applicant initiated Specific Plan/Specific Plan Text/Map amendments shall be processed in accordance with the discretionary permit processing provisions as set forth in Chapters
19.650 (Approving Authority), 19.660 (General Application Processing Procedures), 19.670 (Notices and Hearings), 19.680 (Appeals), 19.690 (Effective Dates) and other applicable cChapters of this Titlethe Zoning Code.
b. Voting/approval requirement.
(1) Approval of a Specific Plan/Specific Plan Text/Map amendment requires the affirmative vote of at least four Planning Commission members, or a majority, whichever is greater. (2) The Planning Commission's denial of a Specific Plan/Specific Plan Text/Map amendment is final unless appealed to the City Council. (3) If approved by the Planning Commission, or appealed to the City Council, the City Council is the final approving authority with a simple majority vote required for approval.
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §58, 2021; Ord. 7331 §119, 2016; Ord. 6966 §1, 2007)
19.820.030 Specific Plan initiation.
A Specific Plan and/or Text/Map amendment, pursuant to Section 19.660.015(A) (Initiation of Applications), may be initiated in any one of the following manners:
A. Upon minute motion of the City Council
B. Upon minute motion of the Planning Commission;
C. By the Community & Economic Development Department Director, or his/her designee; or D. Upon application by a property owner or owners of any parcel subject to requirements of this Titlethe Zoning Code.
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §59, 2021; Ord. 7331 §119, 2016; Ord. 7235 §22, 2013; Ord. 6966 §1, 2007)
19.820.040 Specific Plan requirements.
A. Relationship to other adopted regulations.
1. Specific Plans may either supplement or supersede all land use regulations applicable to the subject property, including all previously adopted ordinances, standards, and guidelines.
2. In the event an inconsistency or conflict exists between standards adopted within a Specific Plan and comparable provisions of this Title, the Specific Plan shall prevail through application of the Specific Plan (SP) Overlay Zone.
a. The distribution, location and extent of the uses of land, including open space, within the area covered by the plan.
b. The proposed distribution, location, extent, and intensity of major components of public and private transportation, sewage, water, drainage, solid waste, disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan.
c. Standards and criteria by which development will proceed and standards for the conservation, development, and utilization of natural resources, where applicable. d. A program of implementation measures, including regulations, programs, public works projects, and financing measures necessary to carry out the provisions of the preceding three paragraphs.
e. Any other subjects that, in the judgment of the planning agency, are necessary or desirable for the general plan implementation.
(<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1081723&datasource=ordbank" web="yes">Ord. 7552</ulink> §60, 2021; Ord. 7331 §119, 2016; Ord. 6966 §1, 2007) Chapter 19.840 ANNEXATIONS
19.840.010 Purpose.
19.840.020 Procedures.
19.840.030 Temporary classification.
19.840.010 Purpose.
California Government Code Section 56000 et.seq. authorizes the expansion of the boundaries of local agencies (such as the City of Riverside) to promote orderly development. The Section chapter establishes local procedures to implement the relevant sections of the Government Code. (Ord. 7331 §120, 2016; Ord. 6966 §1, 2007)
19.840.020 Procedures.
A. Resolution of intention/consent. Prior to City Council adoption of a resolution of intention to annex uninhabited territory or a resolution of consent to commence inhabited proceedings, the City Council shall request a report from the Planning Commission.
B. Planning Commission report. The Planning Commission shall consider the desirability of annexing the territory and the zoning to be placed thereon in the event of annexation to the City. Upon completion of such consideration, the Planning Commission shall, after holding a public hearing, make its report and recommendation to the City Council.
C. City Council action. Upon receipt of the Planning Commission report, the City Council may accept in whole or in part or reject, modify or amend any recommendation as to zoning classification and the resolution of intention or resolution of consent may specify such proposed zoning classification for the territory as the City Council may determine. The City Council shall include any such zone consideration within any notice of hearing concerning the annexation of the property involved and a hearing on the matter of zoning shall be held in conjunction with any public hearing required by law to be held by the City Council in connection with the annexation proceeding.
Concurrently with final annexation of the territory, the City Council may, by ordinance, classify the property for zoning purposes in accordance with its determination.
D. Notice. The Planning Commission shall hold a public hearing on the proposed rezone or amendment to this Titlethe Zoning Ordinance. Notice of the hearing shall be given pursuant to Section 19.670.040 C and if the proposed prezone or amendment to the zoning ordinance affects the permitted uses of real property, notice shall also be given pursuant to Section 19.670.040 C.
The City Council, upon receipt of the recommendation of the Planning Commission, shall hold a public hearing to consider the matter. However, if the matter under consideration is an amendment to change property from one zone to another, and the Planning Commission has recommended against the adoption of such amendment, the City Council is not required to hear the matter except on appeal or upon request of a Council member or the Mayor. Notice of the City Council hearing shall be given pursuant to Section 19.670.040.C.
(Ord. 7331 §120, 2016; Ord. 6966 §1, 2007)
19.840.030 Temporary classification.
In the event the City Council does not determine or adopt a zoning classification for the territory to be annexed as provided in Section 19.840.020, the territory shall be classified in the RE Zone until a change is initiated and adopted in the manner provided for zone changes in Chapter 19.810. (Ord. 7331 §120, 2016; Ord. 6966 §1, 2007)
Chapter 19.850 FAIR HOUSING AND REASONABLE ACCOMMODATION
19.850.010 Purpose.
19.850.020 Definitions.
19.850.030 Procedure.
19.850.040 Approval/referral.
19.850.050 Additional findings required.
19.850.010 Purpose.
It is the purpose of this Cchapter, in compliance with the Fair Housing Laws, to provide a procedure to evaluate requests for reasonable accommodation related to specific applications of the zoning law in order to assure that no person is discriminated against because of race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income, or ancestry by being denied an equal opportunity to use and enjoy a dwelling and to authorize the approval of exceptions to the zoning law if warranted.
(Ord. 7331 §121, 2016; Ord. 6966 §1, 2007)
19.850.020 Definitions.
The following words and phrases, whenever used in this Cchapter, shall have the following meanings, unless from the context an alternative meaning is clearly intended.
A. Applicant means the person, business, or organization that has applied to the City for a permit for a project on the subject property and that is making a request for an exceptions.
B. Disability or handicap means physical or mental impairment that substantially limits one or more of a person's major life activities or a record of having such an impairment, but such term does not include current, illegal use of or an addiction to a controlled substance.
C. Dwelling occupant means the person who will occupy the subject property and who is protected under the Fair Housing Laws.
D. Fair Housing Laws means Section 42 United States Code Section 3604(f)(3)(B) and California Government Code Sections 12927c(1) and 12955(1) as those provisions now exist and as they shall be amended from time to time.
(Ord. 7331 §121, 2016; Ord. 6966 §1, 2007)
19.850.030 Procedure.
A. Application. Application shall be made and processed pursuant to Chapter 19.660 (General Application Processing Procedures). In addition, the applicant shall provide:
1. A description of how the property will be used by the dwelling occupant;
2. The basis for the claim that the individual is considered protected by the Fair Housing Laws (applicant should submit a letter from a medical doctor, handicapped license, or other similar supportive evidence);
3. The reason the accommodation is necessary to make the specific housing available to the dwelling occupant; and
4. A filing fee, in the amount established by City Council resolution, shall be paid at the time of filing an application under this Cchapter.
B. Notice. Notice of the application shall be pursuant to Section 19.670.020 (Notice Requirements for Administrative Discretionary Permits with No Public Hearing).
C. Notice of decision. Within 45 days after acceptance of a complete application by the Planning Division for administrative review by the Staff Application Review Team Development Review Committee or, if referred to the Planning Commission, within ten days after the Planning Commission's decision, the Planning Division shall provide the applicant with written notification of the decision regarding the request, including any reasonable conditions.
D. Appeals. Any person aggrieved or affected by a decision of the Planning Commission or Staff Application Review Team Development Review Committee in granting or denying a request for reasonable accommodations may appeal the decision to the City Council pursuant to the procedures contained in Chapter 19.680 (Appeals).
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1181101&datasource=ordbank" web="yes">7609</ulink> § 8, 2022; Ord. 7331 §121, 2016; Ord. 6966 §1, 2007)
19.850.040 Approval/referral.
The request for reasonable accommodation will be considered by the Staff Application Review Team Development Review Committee who may deny, approve, or conditionally approve the request. The Staff
Application Review Team Development Review Committee may also refer the request, if it is determined to be significantly controversial, to the Planning Commission. The request shall be placed on the next regularly scheduled meeting agenda.
(Ord. 7331 §121, 2016; Ord. 6966 §1, 2007)
19.850.050 Additional findings required.
The following additional findings shall be made in order to approve an application under this Cchapter:
A. The persons who will use the subject property are protected under the Fair Housing Laws; B. The requested exception to the zoning law is necessary to make specific housing available to a dwelling occupant;
C. The requested exception will not impose an undo financial or administrative burden on the City; and
D. The requested exception will be in compliance with all applicable Building and Fire Codes and will not require a fundamental alteration of the zoning laws and procedures. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1181101&datasource=ordbank" web="yes">7609</ulink> § 9, 2022; Ord. 7331 §121, 2016; Ord. 6966 §1, 2007) Chapter 19.860 RESERVED *
*Editor's note— <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1034308&datasource=ordbank" web="yes">Ord. No. 7528</ulink>, §2, adopted Aug. 4, 2020 and 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 July 21, 2020, repealed §§19.860.010 and 19.860.020 as set out in Ch. 19.860, which pertained to Day Care Permit for Large Families and derived from Ord. 7331 §122, adopted in 2016 and Ord. 6966 §1, adopted in 2007.
Chapter 19.870 RECYCLING CENTER PERMIT
19.870.010 Purpose.
19.870.020 Procedures.
19.870.010 Purpose.
The purpose of this Cchapter is to provide a procedure to permit reverse bulk vending machines and mobile recycling units in a manner that encourages recycling activities that are compatible with surrounding uses.
(Ord. 7331 §123, 2016; Ord. 6966 §1, 2007)
19.870.020 Procedures.
A. Application. The owner of the property proposed to be occupied by a recycling center or the owner's authorized representative, such as a property manager, leasing agent, or manager of the sole business on the site shall file an application for a Recycling Center Permit (RCP) with the Planning Division at least 30 working days prior to the proposed commencement of the use. Applications shall be filed upon forms and accompanied by such data and information, including a site plan, necessary to properly evaluate and process the application as may be required for that purpose by the Planning Division.
B. Approval. The Community & Economic Development Director or their designee has final approval authority to approve, or deny a Recycling Center Permit (see Table 19.650.020 - Approving and Appeal Authority).
C. Renewal.
1. A Recycling Center Permit is effective for a period of one year from the date of issuance and is required to be renewed on an annual basis thereafter. The applicant for renewal shall demonstrate full compliance with the provisions of Chapter 19.385 (Recycling Facilities).
2. Any existing Recycling Center approved with either a previous Recycling Center Permit or other process prior to the effective date of this ordinance shall be deemed approved as of the effective date of this ordinance and subject to standards in Chapter 19.385 and Renewal requirements per this Cchapter. Such renewals shall be required every year thereafter.
D. Referral. The Community & Economic Development Director or their designee may refer action on a Recycling Center Permit to the City Council.
E. Appeals. Any decision of the Community & Economic Development Director or their designee may be appealed within ten days after written notice of the decision is given. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=988206&datasource=ordbank" web="yes">7487</ulink> § 29, 11-5-2019; Ord. 7331 §123, 2016; Ord. 6966 §1, 2007) Chapter 19.880 TRANSPORTATION DEMAND MANAGEMENT REGULATIONS
19.880.010 Purpose.
19.880.020 Definitions.
19.880.030 Applicability to new employment.
19.880.040 Trip reduction plans.
19.880.050 Trip reduction plan submittal requirements.
19.880.060 Noncompliance.
19.880.010 Purpose.
The purpose of this Cchapter is to provide regulations to protect the public health, safety and welfare by reducing air pollution caused by vehicle trips and vehicle miles traveled. (Ord. 7331 §124, 2016; Ord. 6966 §1, 2007)
19.880.020 Definitions.
For the purposes of this Cchapter the following words and phrases shall have the following meanings respectively ascribed to them by this Ssection:
A. Alternative work schedule means a variation from the traditional five-day/forty-hour work week to either a four-day/forty-hour or nine-day/eighty-hour work schedule.
B. Applicable development means any use that requires a building permit or a tenant improvement permit.
C. Flex-time means allowing employees to alter regular hours of work by extending the work day in the morning or evening or both to accommodate vehicle trip mode shifts from single occupancy vehicles.
D. Parking management means an action taken to alter the supply, operation and/or demand of parking facilities to force a shift from the single occupant vehicle to carpool, vanpool or other transportation mode.
E. Rideshare means a transportation mode with multiple occupants per vehicle.
F. Telecommuting means the employee foregoes a trip to the normal work site and instead works from home or from a satellite office near home.
(Ord. 7331 §124, 2016; Ord. 6966 §1, 2007)
19.880.030 Applicability to new employment.
Applicable development as defined above shall be screened to determine if it will generate one hundred or more employees and be subject to the requirements of this Cchapter. For screening purposes, the table below states the amount of gross building square footage in the various land use categories needed to generate one employee.
LAND USE CATEGORY GROSS SQUARE FEET/EMPLOYEE
Retail Commercial 500 square feet/employee
Office/Professional 250 square feet/employee
Industrial/Manufacturing 500 square feet/employee
Warehouse 1,000 square feet/employee
Hotel/Motel .5 employee/guest room
Hospital 300 square feet/employee
For mixed-use developments the project employment factor shall be based upon the proportion of the development devoted to each land use.
(Ord. 7331 §124, 2016; Ord. 6966 §1, 2007)
19.880.040 Trip reduction plans.
The owner or representative of all businesses generating 100 or more employees as determined by Section
19.880.030 (Applicability to New Employment) shall prepare and submit to the City of Riverside Planning Division a trip reduction plan to reduce work-related vehicle trips by six and one-half percent from the number of trips related to the project as indicated in the most current edition of the Trip Generation Handbook published by the Institute of Traffic Engineers (ITE) (increasing to 20 percent by the year 2000 and to 30 percent by the year 2006). Quantification of applicable trip reduction measures shall be determined by utilizing the most current version of the AQMD's Implementation of Transportation Demand Management Actions document or other acceptable methodology.
A. Methods to achieve vehicle reduction targets. Any combination of the following methods may be incorporated into trip reduction plans to achieve the required vehicle reduction targets:
1. Alternative work schedules/flex-time;
2. Preferential parking for carpool vehicles;
3. Bicycle parking and shower facilities;
4. Information center for transportation alternatives;
5. Rideshare vehicle loading areas;
6. Vanpool vehicle accessibility;
7. Bus stop improvements;
8. On-site child care facilities;
9. Facilities and equipment to encourage tele-commuting;
10. Telecommuting programs;
11. Local transportation management and roadway improvements;
12. Contributions to funds for regional facilities such as park-and-ride lots, multi-modal transportation centers, satellite work centers, etc.;
13. On-site amenities such as cafeterias, restaurants, automated teller machines and other services that would eliminate the need for additional trips;
14. Transit incentives for employees such as subsidy of bus passes, additional pay for carpoolers, flexible work times, etc.;
15. Elimination of free parking for employees;
16. Video-conferencing facilities and equipment (additional credit will be given if policies are included to make facilities available to other businesses);
17. Purchase and use of low and/or ultra-low fleet vehicles for applicable companies;
18. Plans for delivery of goods at off-peak times for applicable businesses; or
19. Plans and facilities for centralized deliveries of goods for multi-tenant facilities. (Ord. 7331 §124, 2016; Ord. 6966 §1, 2007)
19.880.050 Trip reduction plan submittal requirements.
For applicable businesses, trip reduction plans shall be submitted to the Planning Division before the City will issue a certificate of occupancy for the development. Should the applicant and the Community & Economic Development Director or their designee fail to reach agreement on the trip reduction plan, the owner or representative of the business may file appeal to the Planning Commission through the established procedure.
(Ord. 7331 §124, 2016; Ord. 6966 §1, 2007)
19.880.060 Noncompliance.
Noncompliance with the provisions of this Cchapter shall result in the withholding by the City of the certificate of occupancy for such new business.
(Ord. 7331 §124, 2016; Ord. 6966 §1, 2007)
Chapter 19.890 STREET, ALLEY AND WALKWAY VACATIONS
19.890.010 Purpose.
19.890.020 Procedures.
19.890.010 Purpose.
A. The purpose of this Cchapter is to establish procedures for vacating unneeded rights-of-way for streets, alleys and pedestrians walkways. Two types of vacations are hereby established: standard vacations and summary vacations.
B. Summary vacations may occur when: (1) the street has been superseded by relocation, unless such vacation would either cut off all access to a person's property that, prior to relocation adjoined the street, or terminate a public street; (2) the street has been expended for impassable for vehicular travel for five years and no public money has been expended for maintenance during such period; (3) excess right-of-way is no longer needed for street purposes; or (4) a portion of a street lies within property under one ownership and does not continue through such ownership or end touching the property of another. Summary vacations are not available if there are in-place utility facilities that are in use that would be affected by the said vacation.
C. Any vacation not considered summary vacation shall be deemed a standard vacation. (Ord. 7331 §125, 2016; Ord. 6966 §1, 2007)
19.890.020 Procedures.
A. Application.
1. The application for a requested street, alley or walkway vacation shall be submitted to the Planning Division in accordance with the provisions of 19.660 (General Application Processing Procedures).
2. In addition to any application requirements set forth in Chapter 19.660 (General application Processing Procedures), applications shall include an environmental information form, plat map,
hazardous site review, hazardous materials questionnaire and a petition signed by 60% of the adjacent and affected property owners requesting the vacation.
B. Vacation process.
1. Standard vacation requests and summary vacation requests shall be processed in conformance with the discretionary processing provisions as set forth in Chapters 19.650 (Approving Authority),
19.660 (General Application Processing Procedures), 19.670 (Notices and Hearings), 19.680 (Appeals), 19.690 (Effective Dates) and other applicable cChapters of this Title the Zoning Code.
2. In addition to the procedures specified above, additional administrative review procedures may apply as established by the City's Administrative Manual: Street, Alley and Walkway Vacation Procedures.
(Ord. 7331 §125, 2016; Ord. 6966 §1, 2007)
Chapter 19.895 ROOM RENTAL PERMIT
19.895.010 Purpose.
19.895.020 Procedures.
19.895.010 Purpose.
The purpose of this Cchapter is to provide a procedure to permit owners of single-family residential properties to rent a room or rooms in the primary dwelling or dwellings, accessory dwelling unit and/or junior accessory dwelling unit, to more than two but not to exceed four individuals through a room rental permit process. The Room Rental Permit is only applicable to the RR, RE and R1 Zones. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1169189&datasource=ordbank" web="yes">7592</ulink> § 11(Exh. L), 2022; Ord. 7331 § 126, 2016; Ord. 7325 § 1, 2016; Ord. 7222 § 6, 2013)
19.895.020 Procedures.
The following procedures apply to applications for a Room Rental Permit:
A. Application. Owners of a single-family residential property that includes a primary dwelling or dwellings, accessory dwelling unit and/or junior accessory dwelling unit wishing to rent a room or rooms to more than two, but not more than four individuals shall make written application to the Community & Economic Development Department Director or his/her designee, including all the material deemed necessary to demonstrate compliance with the provisions for this use in Chapter 19.520 (Rental of Rooms), including, a signed copy of the Room Rental Permit Agreement to meet the requirements for additional rentals.
B. Approval. Upon receipt of a complete application, the Community & Economic Development Director or their designee shall grant the permit if all requirements of Chapter 19.520 (Rental of Rooms) are met. The Community & Economic Development Director or their designee shall approve the application unless findings are made that the approval would otherwise adversely affect the residential character of the neighborhood.
C. Renewal. A Room Rental Permit Agreement is effective for a period of one year from the date of issuance and is required to be renewed on an annual basis thereafter. Renewal of a Room Rental Permit Agreement is subject to the Room Rental Permit Requirements of this Cchapter.
D. Appeal. Any person may appeal the decision of the Community & Economic Development Director to the Planning Commission. A notice of public hearing for the appeal shall be provided pursuant to Section 19.670.030.
The decision of the Planning Commission may be appealed to the City Council. In the event of an appeal to the Planning Commission or City Council notice shall be given in the same manner as the Planning Commission appeal. The decision of the City Council shall be final.
E. Revocation. Three or more violations of any of the operational requirements of Section
19.520.030.B (Operation and Development Standards) including extraordinary police service or response complaints as defined by Chapter 9.60 of thisthe Riverside Municipal Code or citations for violations related to noise or property use or maintenance within any running 12-month period, shall be grounds for revocation of the Room Rental Permit Agreement. Refer to Section
19.700.020 for revocation procedures.
A revoked Room Rental Permit Agreement may not be reissued for a minimum of one year from the revocation date. If a Room Rental Permit Agreement issued to the same owner for the same property is revoked a second time a Room Rental Permit Agreement may not be reissued for the subject property as long as it belongs to the same owner. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1169189&datasource=ordbank" web="yes">7592</ulink> § 11(Exh. L), 2022; Ord. 7331 § 126, 2016; Ord. 7325 § 1, 2016; Ord. 7222 § 6, 2013)
Chapter 19.900 STREET NAME CHANGE
19.900.010 Purpose.
19.900.020 Initiation of street name change.
19.900.030 Procedures.
19.900.040 Street name change criteria.
19.900.010 Purpose.
The purpose of this Cchapter is to establish procedures to change street names that may be perceived to be confusing, that are displeasing to property owners, or that are duplicated elsewhere in the City. (Ord. 7331 §127, 2016; Ord. 7163 §3, 2012)
19.900.020 Initiation of street name change.
A street name change may be initiated in any one of the following manners:
A. Upon minute action of the City Council.
B. Upon minute action of the Planning Commission.
C. Upon application by 51 percent of the adjacent and affected property owners requesting the Street Name Change.
(Ord. 7331 §127, 2016; Ord. 7163 §3, 2012)
19.900.030 Procedures.
A. General process.
1. Requests shall be processed in conformance with the discretionary processing provisions as set forth in Chapters 19.650 (Approving Authority), 19.660 (General Application Processing Procedures),
19.670 (Notices and Hearings), 19.680 (Appeals), 19.690 (Effective Dates) and other applicable cChapters of this Titlethe Zoning Code.
B. Voting/approval requirement. Approval of a Street Name Change requires the affirmative vote of a majority of the Planning Commission members present and voting. The Planning Commission's denial of a Street Name Change is final unless appealed to the City Council. If approved by the Planning Commission or appealed to the City Council, the City Council is the final approving authority. A simple majority vote of the City Council is required for approval. (Ord. 7331 §127, 2016; Ord. 7163 §3, 2012)
19.900.040 Street name change criteria.
In concurrence with the United States Post Office and the Riverside Fire Department, the Planning Division will use the following criteria in evaluating a proposed street name. The Planning Division will assign an appropriate suffix or prefix to proposed street names, such as "Drive," "Way," "Place," "Avenue," "Boulevard," "Camino," "Via," or "Calle.".
A. The first and last names of living persons shall not be permitted.
B. Proposed street names that are similar sounding or that have a similar spelling to existing street names shall not be permitted. This is applicable to existing streets found in:
1. The City of Riverside;
2. The Riverside postal service area, including Rubidoux, Pedley, Glen Avon, Highgrove, Woodcrest, Glen Valley, Lake Hills, March Air Reserve Base, and certain other nearby unincorporated areas; and
3. Within five miles of the City of Riverside city limits, including portions of the cCities of Corona, Norco, Perris, or Moreno Valley.
C. Obscene, frivolous, egotistic, or otherwise inappropriate names shall not be permitted.
D. To the extent possible, short names of five letters or less shall be used for short streets or cul-desacs of 300 feet or less in length.
E. Proposed street names that are too difficult to pronounce or spell shall not be permitted. (Ord. 7331 §127, 2016; Ord. 7163 §3, 2012)
ARTICLE X: DEFINITIONS
Chapter 19.910 - DEFINITIONS
Chapter 19.910 DEFINITIONS
19.910.010 Purpose and applicability.
19.910.020 "A" Definitions
19.910.030 "B" Definitions.
19.910.040 "C" Definitions
19.910.050 "D" Definitions
19.910.060 "E" Definitions.
19.910.070 "F" Definitions.
19.910.080 "G" Definitions.
19.910.090 "H" Definitions.
19.910.100 "I" Definitions.
19.910.110 "J" Definitions.
19.910.120 "K" Definitions.
19.910.130 "L" Definitions.
19.910.140 "M" Definitions.
19.910.150 "N" Definitions.
19.910.160 "O" Definitions.
19.910.170 "P" Definitions.
19.910.180 "Q" Definitions.
19.910.190 "R" Definitions.
19.910.200 "S" Definitions.
19.910.210 "T" Definitions.
19.910.220 "U" Definitions.
19.910.230 "V" Definitions.
19.910.240 "W" Definitions.
19.910.250 "X" Definitions.
19.910.260 "Y" Definitions.
19.910.270 "Z" Definitions.
19.910.010 Purpose and applicability.
For the purposes of this Titlethe Zoning Code, certain words, phrases and terms used herein shall have the meaning assigned to them by this Aarticle, except that definitions derived from State and Federal regulations that are referenced herein shall have the meaning contained in the referenced regulations.
For general terminology used throughout this Titlethe Zoning Code, refer to Section 19.060.030.A (Rules and Interpretations - Terminology). For terminology used in this Titlethe Zoning Code but not defined in
this Ttitle, the definitions used elsewhere in thisthe Riverside Municipal Code, the Uniform Building Code or accepted dictionaries of the English language shall govern. (Ord. 6966 §1, 2007)
19.910.020 "A" Definitions
Abandon means to cease to use, operate or occupy.
Abandoned sign. See "sign, abandoned."
Accessory building or structure means a building, part of a building or structure, portable building including a cargo container, pool, spa fence or wall that is subordinate to, and the use of which is incidental to, that of the main building, structure or use on the same lot. [GRAPHIC]
Accessory dwelling unit. See "dwelling unit, accessory." Accessory living quarters means living quarters within an accessory building located on the same premises with the main building, such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling unit.
Accessory use means a use incidental to and customarily associated with a specific principal use, located on the same lot or parcel.
Acoustical Structure means a structure that would reduce noise emitted so as to be consistent with Title 7 - Noise Control of thisthe Municipal Code
Acreage, gross means the total land area in acres within a defined boundary including any area for public rights-of-way, public streets and dedications of land for public use. See definition in the General Plan.
Acreage, net means that portion of gross acreage exclusive of public streets, rights-of-way and dedications of land for public uses. See definition in the General Plan.
Actual cost of removal means the cost incurred by the City for all costs associated with removal of private party signs from City-owned property and the public right-of-way, including City staff time as calculated and described in the City Fees and Charges Study and related Fees and Charges Schedule for City Services. (P07-0313)
Adult arcade. See 9.40.020.
Adult bookstore. See 9.40.020.
Adult cabaret. See 9.40.020.
Adult Day Care Facility. See Day Care Facility - Adult
Adult Day Care Home. See Day Care Home - Adult
Adult hotel/motel. See 9.40.020.
Adult motion picture theater. See 9.40.020.
Adult theater. See 9.40.020.
Adult-oriented business means any business as defined in Chapter 19.250 of this Titlethe Zoning Code and Chapter 9.40 of Title 9.
Advertising statuary. See sign, advertising statuary.
Affordable housing means housing for which the allowable housing expenses paid by a qualifying household shall not exceed a specified fraction of the county median income, adjusted for household size.
This shall include housing designated for extremely low-, very low-, low-, and moderate-income households.
Agricultural field office means a building or mobile coach used to perform administrative and support services associated with the conducting of commercial agricultural enterprises on- or off-site, said services including bookkeeping, telephone and mail contact, employee dispatching and meeting, security and similar activities, but excluding residential use. This definition does not include similar uses conducted in the residence or a Agricultural field office permitted accessory building by the occupant of an agricultural property for the management of agriculture principally on that property.
Agricultural stand means, in the RA-5 Zone, a stand for the sale of agricultural products produced or raised on the same premises, excluding cannabis and hemp.
Agricultural use means the use of land for the commercial or non-commercial purpose of planting, growing, raising, and harvesting of crops, livestock, or poultry; all of which shall be subject to any applicable state license, to a conditional use permit where required under this Code, and to the limitations and exclusions presented in this definition or as set forth for specific zones created under this Code. For the purpose of this definition, crops shall not include cannabis or hemp. "Agricultural use" includes employee housing as defined by California Health and Safety Code Section 17021.6.
Alcohol and drug free residential recovery home (sober living home) means the use of a residential, dwelling structure or unit for a cooperative living arrangement to provide an alcohol and drug free environment for persons recovering from alcoholism or alcohol and/or drug abuse who seek a living environment in which to remain clean and sober; and which demonstrates each of the following identifying characteristics that shall serve to distinguish the alcohol and drug free residential recovery home and sober living home, as a use of residential property, from similar land uses such as drug treatment facilities or community case facilities that are subject to state licensing requirements and from all other uses of residential property:
1. All residents, including live-in managers, operators, or owners, are recovering from alcohol and/or drug abuse;
2. All residents actively participate in legitimate programs, including, but not limited to, Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) programs, and maintain current records of meeting attendance;
3. All owners, managers, operators, and residents observe and promote a "zero tolerance" policy regarding the consumption or possession of alcohol and controlled substances, except for prescription medications obtained and used under direct medical supervision;
4. There is a written policy dealing with the use of drugs or alcohol;
5. Owners, operators, managers and residents do not provide on-site any of the following services as they are defined by Section 10501(a)(6) of Title 9, California Code of Regulations:
a. Detoxification;
b. Educational counseling;
c. Individual or group counseling sessions;
d. Treatment or recovery planning;
e. Treatment or recovery planning;
6. The number of residents subject to the sex offender registration requirements of Penal Code Section 290 does not exceed the limit set forth in Penal Code Section 3003.5, and does not violate the distance provisions set forth in Penal Code Section 3003;
7. Residents do not require non-medical care and/or supervision as those terms are defined at Health and Safety Code Section 1503.5 and Section 80001(c)(3) of Title 22 of the California Code of Regulations;
8. The operators and/or residents maintain current membership in a recognized nonprofit organization of sober living homes that provide a credible quality assurance service for applicants or members or have received a sober living home certification from the State of California Department of Alcohol and Drug Programs; and
9. Owners, managers, operators, and residents ensure that the property and its use comply with all applicable state and local laws.
Alcohol or Drug Abuse Recovery or Treatment Facility means any facility, building or group of buildings which maintained and operated to provide 24-hour residential nonmedical alcoholism or drug abuse recovery or treatment services.
Alcohol Sales - Off-sale means the sale of beer and wine (off-sale beer and wine) or of all types of alcoholic beverages, including beer and wine (off-sale general), in their original, sealed containers for consumption off the premises.
Alcohol Sales - On-sale means the sale of beer and wine (on-sale beer and wine) or of all types of alcoholic beverages, including beer and wine (on-sale general), for consumption on the premises.
Alley means a public or City approved private way permanently reserved as a secondary means of access to abutting property.
Animal, domestic means a small animal of the type generally accepted as a pet, including dog, cat, rabbit, songbird, rodent, and the like, but specifically excluding chickens, ducks, geese, hoofed animals, swine (except pot-bellied pigs) and any other non-domestic animal.
Animal, Non-domestic means any animal other than a domestic animal typically kept in a coop, corral, stable, or pen, including but not limited to equine (e.g., horses, donkeys and llamas), bovine, porcine and ratite (e.g., ostrich, emu and rhea) species and any variety of fowl.
Antenna means a system of wires, poles, rods, reflecting discs or similar devices used for the transmission, reception or both of electromagnetic radiation waves.
Antenna, amateur radio means any antenna used for the purpose of transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communication Commission (FCC).
Antique Store means a place offering, antiques for sale. An antique, for the purposes of this Code, shall be a work of art, piece of furniture, decorative object, or the like, of or belonging to the past, at least 30 years old.
Apartment house means any building, or portion thereof, that is designed, built, rented, leased, let or hired out to be occupied, or that is occupied as a home or residence of two or more households living independently of each other and doing their own cooking in an independent unit of said building, and shall include flats and apartments. See also dwelling unit, multi-family.
Apartment project, community. See community apartment project.
Approving Authority means the designated authority responsible for the review and action on land use and development permits and approvals.
Appurtenance means a subordinate or adjunct portion of a structure.
Arcade means an establishment containing four or more electronic amusement devices, such as video games, pinball machines, internet computer cafes and the like. This definition shall not apply to restaurants or recreational premises, such as bowling alleys or skating rinks, where an arcade is clearly incidental to the primary use and providing less than 25% of its gross revenue.
Architectural element means a design element incorporated into a freestanding sign for the purpose of making the sign reflect the architecture of the building(s) that house(s) the establishments(s) it identifies.
Area median income means the annual median household for Riverside County, adjusted for household size, as published periodically in the California Code of Regulations, Title 25, Section 6932, or its successor provision.
Area of a sign. See sign, area.
Article of information. See sign, article of information.
Articulation means clear and distinct separation between design elements such as materials, walls and architectural details. See definition in Citywide Design Guidelines.
Assemblies of people—entertainment means a use or indoor facility, not specifically identified in Table
19.150.020 A (Permitted Uses), that provides for the gathering of more than ten people on a regular or intermittent basis, whereby the purpose of the use or facility is a specified activity or activities—for a fee or for no fee—for those people so assembled. Examples include but are not limited to assembly halls, banquet halls, live theaters, movie theaters, sports facilities, exhibitions and convention halls, auditoriums not associated with another primary permitted use and dance facilities. (See also Entertainment— Incidental). (Ordinance No. 6919)
Assemblies of people—non-entertainment means a use or indoor facility that provides for gathering of more than ten people on a regular or intermittent basis, whereby the purpose of the use or facility is to provide a location for meetings or congregations for those people so assembled. Examples include, but are not limited to, religious assemblies, clubs, fraternal service organizations and similar activities not including schools.
Assemblies of people—non-entertainment - Storefront means an assemblies of people—non-entertainment located within an existing building in a multi-tenant industrial, commercial or office-complex where such tenant space does not exceed 4,000 square feet.
Assembly hall means a structure for groups of people to gather for an event or regularly scheduled program. Places of public assembly include but are not limited to arenas, religious institutions, lecture halls, banquet facilities and similar facilities.
Assisted living facility means a special combination of housing, supportive services, personalized assistance and health care designed to respond to the individual needs of persons who need help with activities of daily living. A facility with a central or private kitchen, dining, recreational and other facilities with separate bedrooms or living quarters, where the emphasis of the facility remains residential.
See definition in General Plan.
Association means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
Attic means the uninhabitable space between the upper surface of the top floor and the roof above. An attic is not a covered story.
Auction house means a business operating either as a full time enterprise or temporary use, involved in the public sale of property to the highest bidder.
Auditorium means a stand-alone room, hall, or building used for public gatherings. For the purpose of this definition, an auditorium associated with a permitted educational facility is not considered a stand-alone room, hall, or building.
Average natural slope means the average natural inclination of the ground surface of a lot or parcel expressed as a percent and as measured by the following formula:
S = (0.002296xIxL)
A
Where:
S = average natural slope in percent
I = natural contour interval in feet
L = length of natural contours in feet
A = acres of property (parcel of record existing on November 13, 1979)
0.002296= constant that converts square feet into acres and expresses slope in percent The average natural slope shall be computed from photogrametric maps, grading permit plans and other data or evidence approved by the Public Works Department.
Aviary means any place where more than 15 domestic and/or non-domestic birds are kept outside. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1248964&datasource=ordbank" web="yes">7652</ulink> § 14, 2023; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1207080&datasource=ordbank" web="yes">7630</ulink> § 8, 2023; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1181101&datasource=ordbank" web="yes">7609</ulink> § 10, 2022; 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. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=905806&datasource=ordbank"
web="yes">7431</ulink> § 7, 2018; Ord. 7408 §1, 2018; Ord. 7331 §128, 2016; Ord. 7235 §22, 2013; Ord. 7158 §17, 2012; Ord. 7110 §5, 2011; Ord. 6985 §1, 2008; Ord. 6966 §1, 2007)
19.910.030 "B" Definitions.
Bail bonds facilities means a facility that provides bail bonds, documents that ensure to the court system that a person facing charges, and who typically is in jail, will appear for future court appointments if released.
Banner. See sign, banner.
Bar means an area primarily devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages.
Basement means a building story partly or totally underground. For purposes of building height regulations contained in this Ttitle, a basement is not considered a story if the ceiling of the basement is four feet or less above the elevation of the lowest point of the surface of the land at the perimeter of the structure.
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Bathroom means a room equipped with a toilet, sink and shower or bathtub.
Bathroom, half means a bathroom which contains only a toilet and sink, and does not contain a bathtub or shower.
Batting cages means a structure that needs to comply with all Code requirements (i.e., setbacks, design of light standards).
Bed and breakfast inn means a building or buildings originally constructed for residential purposes, managed and occupied by the owner of record for the property, in which paying guests may be lodged, including meal service, for up to 30 days.
Bedroom means any habitable room, with or without a closet, along an exterior wall, regardless of its designation on building plans that functions as, or may function as, a sleeping quarters and meets the minimum requirements of the Uniform Building Code for sleeping quarters or bedrooms. Offices, dens, studies, studios, lofts, game rooms, and any other conditioned rooms along an exterior wall will be considered to be bedrooms. This definition does not include living rooms, family rooms, dining rooms, kitchens, foyers, or bathrooms.
Bench sign. See "sign, bench."
Beer. See "brewery, beer."
Beverage container means any individual bottle, can, jar, carton or similar receptacle that is redeemable pursuant to the California Beverage Container Recycling and Litter Reduction Act of 1986 and any other aluminum beverage container.
Beverage container, recycling facility. See "recycling facility, beverage container." Billboard. See "sign, billboard."
Billiard parlors means a building or portion thereof having within its premises three or more pool tables or billiard tables, or combination thereof, regardless of size, and whether activated manually or by the insertion of a coin, token or other mechanical device.
Block means an area of land within a subdivision entirely bounded by streets, or bounded in part by streets and in part by the exterior boundary of the subdivision. See definition in Title 18.
Boardinghouse means the rental of a residence/dwelling, other than a hotel/motel/long-term stay, wherein a room or rooms, with or without individual or group cooking facilities, are rented to five or more individuals under separate rental agreements or leases, either written or oral, or implied, with an owner; an owner's agent, representative or manager; a tenant; resident; or occupant; whether or not an owner, an owner's agent, representative or manager, or family thereof is in residence. The definition does not include assisted living facility where medical services are involved or group housing or homes.
Boarding of animals means any kennel where pet animals owned by another person are temporarily boarded for pay, trade, barter, commission or remuneration of any sort; provided, however, this definition shall not apply to zoos or to animal hospitals operated by veterinarian duly licensed under the law Body piercing means the creation of an opening in the body of a human being for the purpose of inserting jewelry or other decoration. This includes, but is not limited to, piercing of an ear, lip, tongue, nose, naval or eyebrow. Body piercing does not include piercing an ear with a disposable single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear a method commonly used in jewelry and department stores to pierce ears.
Brew-on-premises. See "brewery, brew-on-premises."
Brewpub. See "brewery, brewpub."
Brewery means a facility that produces beer.
Brewery, beer means an alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination thereof in water, and includes ale, porter, brown, stout, lager beer, small beer, and strong beer but does not include sake, known as Japanese rice wine. (Section 23006 Business and Professions Code) Brewery, brew-on-premises means a do-it-yourself brewery (facility) where customers produce craft style beer or wine on the premises of a brewery or microbrewery. Clients may purchase the ingredients, rent the equipment, time and space, and are provided assistance by the on-site brewmasters. Beer brewed and/or Wine made by a customer may not be sold and must be used by the customer for personal or family use.
Brewery, brewpub means a restaurant with a microbrewery as an accessory use where the beer it produces is sold in draft form exclusively at its own premises. This operation may sell other supplier's beer, including other hand - crafted or micro - brewed beers as well as wine to patrons for consumption on its premises. The premises is defined as a "bona fide public eating place" by the State of California Department of Alcoholic Beverage Control. Off-sale of alcoholic beverages shall be limited to beers brewed on-site.
Brewery, distilled spirits means an alcoholic beverage obtained by the distillation of fermented agricultural products, and includes alcohol for beverage use, spirits of wine, whiskey, rum, brandy, and gin, including all dilutions and mixtures thereof. (Section 23005 Business and Professions Code).
Brewery, distillery means a facility which manufactures distilled spirits.
Brewery, homebrew means the manufacturing of beer for personal or family use, not for sale, within a private residence by a person over 21 years of age. The aggregate amount of beer with respect to any household shall not exceed the limits established by Section 23356.2 Business and Professions Code, currently (1) 200 gallons per calendar year if there are two or more adults in the household or (2) 100 gallons per calendar year if there is only one adult in the household.
Brewery, micro-brewery means a small-scale brewery (facility) that produces 15,000 barrels of beer per year or less. Its beer products are primarily intended for local and/or regional consumption. These operations are solely dedicated to the production of specialty or craft beers.
Brewery, wine means an alcoholic beverage obtained from normal alcoholic fermentation of the juice of sound ripe grapes or other agricultural products containing natural or added sugar or any such alcoholic beverage to which is added grape brandy, fruit brandy, or spirits of wine, which is distilled from the particular agricultural product or products of which the wine is made and other rectified wine products and by whatever name and which does not contain more than 15 percent added flavoring, coloring, and blending material and which contains not more than 24 percent of alcohol by volume, and includes vermouth and sake, known as Japanese rice wine. (Section 23007 Business and Professions Code) Brewery, winery means a facility that engaged in the conversion of grapes, berries, or other fruit into wine and is engaged in the production of wine.
Building. See the definition of "building" as defined in Title 16.
Building area means the sum in square feet of the ground area occupied by all buildings and structures on a lot.
Building frontage. See "frontage, building."
Building height means the vertical distance measured from the highest point of the roof or parapet wall of the uppermost story to the average elevation of the highest and lowest point of the ground covered by the foundation of the building.
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Building line. See setback building line, front, setback building line, rear or setback, building line, side.
Building materials supply stores (wholesale with ancillary retail sales) means any facility specializing in the wholesale of building and construction materials (e.g. lumber, irrigation, plumbing, electrical, etc.) with ancillary retail sales in an area not to exceed 20,000 square feet or 50 percent of the total area of the primary building or lease space, whichever is less.
Building pad means a relatively flat site, having a grade of five percent or less, that is designed to be occupied by buildings and is prepared by artificial means, including grading, excavating, filling or any combination thereof.
Building principal. See "principal, building."
Building projection means part of a building or structure that is allowed to encroach into the required setback.
Building setback line, front. See "setback building line, front." Building setback line, rear. See "setback building line, rear."
Building setback line, side. See "setback, building line, side." Building sign. See "sign, building."
Building site. See "site, building."
Building step back means a line prescribed for the full width of a facade, above which the facade is stepped back (or set back) a minimum distance of six feet at the fifth floor throughout the ID Overlay Zone in EE and HE Sub-Districts. Its height is determined by the desired height-to-width ratio of the typical street in front of the building. The step back permits greater overall building height than would be otherwise determined by desired density or access to view.
Building story. See "story, building."
Building wall means the vertical, exterior surface of a building or structure. See definition in Design and Sign Guidelines. For purposes of Chapter 19.620 (General Sign Provisions) and Chapter (19.625 Private Party signs on City-owned property and the public right-of-way) an exterior building wall is any wall or element that defines the exterior boundaries or courts of a building and that has a slope of 60 degrees or greater with the horizontal plane.
Bulk storage means the warehousing of materials or finished goods in an enclosed structure.
Business day means a day on which City Hall is open to the public.
Bus stop means a bus stop is generally characterized as a single point of access to and from a local bus line that stops to pick up or deposit passengers at regular and generally short time periods or headways, and is not completely enclosed.
Bus terminal means a passenger station for publicly or privately operated bus lines. A bus terminal is generally a major destination point and characterized as a transfer point between local bus lines or other modes of transportation and intercity and interstate bus operations. A bus terminal may or may not include indoor operational facilities. A bus stop is not a bus terminal.
Business means any lawful commercial endeavor to engage in the manufacturing, purchase, sale, lease or exchange of goods and/or the provision of services.
Buy-back recycling center. See "recycling center, buy-back." (<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; Ord. 7408 §1, 2018; Ord. 7331 §128, 2016; Ord. 7302 §3, 2015; Ord. 7235 §23, 2013; Ord. 7185 §4, 2012; Ord. 7071 §3, 2010; Ord. 6966 §1, 2007)
19.910.040 "C" Definitions
California beverage container recycling center. See "recycling center, California beverage container." Cannabis shall have the same meaning as defined in Section 5.77.060 of this Code.
Cannabis cultivation, commercial shall have the same meaning as defined in Section 5.77.060 of this Code.
Cannabis cultivation, personal means cannabis cultivation 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 for the exclusive personal use of a resident of the residence who is 21 years of age or older, as permitted by California Health and Safety Code Ssections 11362.1 and 11362.2.
Cannabis distribution shall have the same meaning as defined in Section 5.77.060 of this Code.
Cannabis non-storefront retail shall have the same meaning as defined in Section 5.77.060 of this Code.
Cannabis products shall have the same meaning as defined in Section 5.77.060 of this Code.
Cannabis storefront retail shall have the same meaning as defined in Section 5.77.060 of this Code.
Cannabis testing laboratory shall have the same meaning as defined in Section 5.77.060 of this Code.
Canopy means a fixed overhead shelter used as a roof that may or may not be attached to a building. See definition in Design and Sign Guidelines and the Downtown Specific Plan.
Canopy sign. See "sign, canopy."
Caretaker living quarters, agricultural means a dwelling unit located on a property that is a subsidiary use to the principal dwelling unit situated on that property Caretaker living quarters, dwelling unit means a single-family dwelling unit accessory to an agricultural, professional, commercial or industrial use for occupancy by the owner/caretaker.
Caretaker living quarters, during construction means temporary living quarters located on a property whereon a building permit has been lawfully issued to construct a permanent building. The temporary quarters may be used for residential or sleeping purposes during construction and may be situated in a trailer, motor home or mobile home.
Cargo container means a standardized, reusable vessel that is or appears to be: (1) originally, specifically or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities; or (2) designed for or capable of being mounted or moved on a rail care; or (3) designed for or capable of being mounted on a chassis or bogie for movement by truck trailer or loaded on a ship.
Carport means an accessory building open on at least one side designed or used for shelter or storage of vehicles.
Carwash. See "vehicle wash facility."
Cattery-commercial means any public or private facility where ten or more cats are temporarily kept, boarded or trained, with payment of a fee, for the off-premises owners of such animals. This definition does not include zoos or animal hospitals operated by a veterinarian duly licensed under the law.
Cattery-residential means any building, structure, enclosure or premises located in a residential zone whereupon, or within which, ten or more cats, four months of age or older, are kept or maintained only for the personal use of persons living on the premises, and shall not include commercial kennels or the boarding for off-premise owners of animals.
Cemetery means any property used for the burial or internment of the dead, including crematories, mausoleums, columbaria, mortuaries or chapels operated in connection with and located within the cemetery grounds.
Center, multi-tenant site or center. See "complex, commercial." Center, shopping. Same as "complex, commercial."
Check cashing facilities means a person or business that for compensation engages, in whole or in part, in the business of cashing checks, payday advances, warrants, drafts, money orders or other commercial paper serving the same purpose. "Check cashing facilities" do not include a State or Federally chartered bank, savings association, credit union or industrial loan company. "Check cashing facilities" do not include a retail seller engaged primarily in the business of selling consumer goods, including consumables, to retail buyers that cash checks or issue money order for minimum flat fee as a service that is incidental to its main purpose or business.
Child care center. See "day care center."
Christmas tree lot means a retail sales operation, generally conducted wholly outdoors, that offers for sale on a temporary, limited basis Christmas trees and related holiday items such as wreaths and Christmas tree stands.
Church. See "religious assembly."
Circus means a temporary outdoor amusement center, either involving use of special purpose equipment or conducted by professional operators, or both, and where activities include such things as rides, exhibitions, food service, sales or small-scale games.
Clean energy use means an industry or commercial use that uses sustainable resources to ensure that all processes, products, and manufacturing activities address current environmental concerns. This could include businesses that incorporate principles of sustainability in business decisions, supply environmentally friendly products or services, and make an enduring commitment to environmental principles in their business operations. Transport of materials/goods to and from a clean energy use may be by means of vehicle that meets current emissions standards; however, the final product, service, activity, etc., rendered by a clean energy use must incorporate principles of sustainability.
Clear visibility triangle means an area of clear cross-visibility at an intersection unobstructed by structures or landscaping. Clear-visibility triangles are located at any corner formed by the intersection of two streets. The required clear cross-visibility area shall be a triangle having two sides 15-feet long extending along the curb line of each street.
Clinic, medical or dental means as used in this Ttitle, "clinic" is defined in Sections 1200-1209 (California Health and Safety Code). A clinic is an organized outpatient health facility that provides direct medical, surgical, dental, optometric, podiatric, psychological advice, services, or treatment to patients who remain less than 24 hours, and that may also provide diagnostic or therapeutic services to patients in the home as an incident to care provided at the clinic facility.
Closet means an ancillary area within a dwelling that is clearly intended for storage.
Club means a nonprofit association of persons who are bonafide members paying dues, use of premises being restricted to members and their guests, but not including "nightclub" groups organized primarily to render a service that is customarily carried on as a business.
Coach, commercial. See "commercial coach."
Combustible. See Fire Code.
Commerce. See "business."
Commercial coach means a vehicle with or without motive power designed and equipped for human occupancy for professional, commercial or industrial purposes, including a mobile home.
Commercial complex. See "complex, commercial."
Commercial mascot means a person or animal costumed or decorated to function as a commercial advertising device. Includes sign twirlers, sign clowns and persons or animals holding or supporting signs.
Commercial message. See "message, commercial."
Commercial speech. See "message, commercial."
Commercial sign. See "sign, commercial."
Commercial storage means a commercial land use consisting of the rental of space for the storage of personal property (mini-warehouse or self-storage) and the storage of recreational vehicles. An industrial warehouse is not considered commercial storage.
Common area means land amenities, parts of buildings, central services and utilities and any other elements, facilities or spaces owned and used by all unit owners and designated in the master deed as common elements.
Common living area means a common area or communal space within a residential unit that is intended to be shared by all occupants. Common Living Area is the dwelling area of a structure, not including hallways, storage areas, bathrooms, and bedrooms.
Common interest development means any of the following: 1) a community apartment project; 2) a condominium project; 3) a planned development; or 4) a stock cooperative.
Common usable open space means open areas within a multiple-family or planned residential development project that are to be used for scenic or recreational purposes by all the residents of the project. Common usable open space does not include land occupied by streets, driveways, parking areas, service areas, required landscape areas or required front and street side yards; provided, however, that land occupied by recreational structures and facilities may be counted as common usable open space.
Community apartment project means a development in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment located thereon (California Civil Code § 1351 (d)). See definition in Title 18.
Community & Economic Development Director means the individual designated to act as the Administrator for certain matters according to the procedures set forth in the California Government Code and this Ttitle.
Complex, commercial means a group of three or more commercial uses on a single parcel or contiguous parcels that function as a common commercial area including those which utilizing common off-street parking and access.
Complex, industrial means a group of three or more industrial uses on a single parcel or contiguous parcels, that function as a common industrial area including those which utilizing common off-street parking and access.
Complex, office means a group of two or more office uses on a single parcel or contiguous parcels, that function as a common office area including those utilizing common off-street parking and access.
Conditional use means a use that, because of special requirements or characteristics, may or may not be allowed in a particular zoning district only after review by the Approving Authority and the granting of conditional use permit approval imposing such conditions as necessary to make the use compatible with other uses permitted in the same zone or vicinity. Conditional use permits are issued for uses of land and may be transferrable from one owner of the land to another.
Conditional use permit means a discretionary permit issued by the City authorizing establishment and operation of a conditional use at a particular location.
Condominium means an estate in real property consisting of an undivided interest in common in a portion of a parcel in real property, together with a separate interest in the space in a residential, industrial or commercial building on such real property such as an apartments, office or store. See definition in Title 18 and the General Plan.
Condominium conversion means the conversion and/or subdivision of a single-ownership parcel of existing improved real property into a form of ownership for residential, commercial or industrial purposes involving the right of exclusive occupancy or separate ownership of individual units, including but not limited to condominiums, community apartments, stock cooperatives or planned unit developments. This includes any single-ownership parcel whose individual units are presently or at any time in the past were rented or leased individually. See definition in Title 18 and the General Plan.
Condominium project means a development consisting of condominium units established in conformance with State law. See definition in Title 18 and the General Plan.
Condominium subdivision plan means the drawings attached to the master deed for a condominium subdivision project that describe the size, location, area, horizontal and vertical boundaries, and volume of each condominium unit contained in the condominium subdivision project as wall as the nature, location and size of common elements. See definition in Title 18.
Construction caretaker housing. See "caretaker living quarters during construction." Construction period sign. See "sign, construction period." Convalescent home means a facility that provides nursing services and custodial care on a 24-hour basis for individuals who for reasons of illness, physical infirmity or advance age, require such services.
Convenience store. See "store, mini-mart."
Convenience zone means any geographic area designated by the California Department of Conservation as requiring the presence of one or more recycling facilities, mobile recycling units or reverse vending machines pursuant to the California Beverage Container Recycling and Litter Reduction Act of 1986.
Corner lot. See "lot, corner."
Corridor access lot. See "lot, flag."
Court means an uncovered area partly or wholly enclosed by buildings or walls and used primarily for supplying access, light, and air to abutting buildings.
Covenants, conditions and restrictions (CC&RS) means a set of private agreements written and agreed to by a group of property owners that sets down certain rules and regulations governing the development and use of their properties. The CC&R's may also reflect certain conditions and restrictions imposed and enforced by the City.
Crowing fowl means any rooster, peacock, goose, duck, guinea fowl, or any other fowl which by their sound or cry unreasonably disturb the peace and quiet of the neighborhood.
Crowing Rooster means any male chicken two months of age or older.
Cul-de-sac means a street having only one outlet for vehicular traffic and ending in a turnaround. See definition in Title 18 and the General Plan.
[GRAPHIC]
Curb line means the line of the face of a curb nearest to the street or roadway.
Cyber café. See "arcade."
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1207080&datasource=ordbank" web="yes">7630</ulink> § 9, 2023; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1116112&datasource=ordbank" web="yes">7573</ulink> § 1(Exh. A), 2021; 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. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=905806&datasource=ordbank" web="yes">7431</ulink> § 8, 2018; Ord. 7331 §128, 2016; Ord. 7302 §4, 2015; Ord. 7105 §7, 2010; Ord. 6966 §1, 2007)
19.910.050 "D" Definitions
Day care center - child means a child day care facility other than a family day care home, including infant centers, extended day care facilities and school-age child care centers. (see California Health and Safety Code Section 1596.76).
Day care center - adult means a facility that provides supervision and non-medical care for more than six adults, including elderly persons, on a less than 24-hour basis.
Day care home - adult means a home that provides supervision and non-medical care to six or fewer adults, including elderly persons, in the provider's own home, on a less than 24-hour basis.
Department store. See "store, department."
Design flood. See "flood, design."
Designated floodway. See "floodway, designated."
Development means as used in this Ttitle, "Development" has the meaning of Section 65927 (California Government Code or CGC) and is also any human-caused change to improved or unimproved real estate
that requires a permit or approval from any agency of the City or County, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations and storage of materials. "Development" means, on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations that are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511 of the Public Resources Code). As used in this Ssection, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. "Development" does not mean a "change of organization", as defined in Section 56021 (CGC) or a "reorganization", as defined in Section 56073 (CGC). See definition in the General Plan.
Development Review Committee ("DRC") means the pre-designated group of City departments or divisions involved in the process of reviewing projects involving new construction, re-construction and/or other entitlement applications, each of which shall conduct administrative functions authorized by the Zoning Code. The DRC includes any three or more of the following Divisions and Departments:
Planning, Building and Safety, Public Works, Public Utilities, Parks and Recreation, Police and Fire. The DRC process shall be chaired by the Planning Division.
Directional sign. See "sign, directional."
Directory sign. See "sign, directory."
Disabled veteran means the same as defined in Government Code Section 18541, any veteran as who is currently declared by the United States Veterans Administration to be ten percent or more disabled as a result of service in the armed forces. Proof of such disability shall be deemed conclusive if it is of record in the United States Veterans Administration.
Discretionary decision means decisions that require the exercise of judgment or deliberation when the Approving Authority decides to approve or disapprove a particular activity, as distinguished from situations where the City individual, Board, Committee, Commission or Council merely has to determine whether there has been conformity with applicable statutes, ordinances or regulations.
Distilled Spirits. See "brewery, distilled spirits."
Distillery. See "brewery, distillery."
Domestic animal. See "animal, domestic."
Donation collection bin means an outdoor receptacle made of metal, steel or a similar product, designed to allow the general public to donate unwanted but reusable items for charitable purposes.
Dormitory means a building intended or used principally for sleeping accommodations where such building is related to an educational or public institution, including religious institutions.
Downtown Arts and Entertainment District means an area intended to serve as a major, concentrated center of cultural and entertainment uses serving the City and surrounding communities. It consists of all commercially zoned land within an area bounded by properties south of Third Street, west of State Route 91 (the Riverside Freeway), north of properties fronting both sides of Fourteenth Street and east of properties fronting both sides of Market Street.
[GRAPHIC]
Drive-thru business means a business (such as a bank or restaurant) that is designed so that customers can be served while remaining in their cars.
Driveway means a private roadway providing access for vehicles to a parking space, garage, dwelling or other structure. See definition in Title 18.
Driveway, Hollywood means driveway with a middle planting strip to minimize paved access. See definition in the Downtown Specific Plan.
Drop-off recycling center. See "recycling center, drop-off." Drug store means a business where drugs, medicines and other sundries are dispensed and sold.
Dwelling means a building or portion thereof designed for or occupied exclusively for residential purposes, including single-family and multiple family dwellings, but not including hotels, motels, boarding and lodging houses.
Dwelling area means the total combined floor area of a dwelling unit intended for human habitation.
Dwelling area shall not include garages, carports, patios, sheds, or other similar spaces.
Dwelling unit means two or more rooms in a dwelling designed for or occupied by one family for living or sleeping purposes and having only one kitchen. See definition in the General Plan.
Dwelling unit, accessory (ADU) means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence that shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
A. An efficiency dwelling unit, as defined in Section 1207.4 of the California Building Code; or B. A manufactured home, as defined in Section 18007 of the Health and Safety Code.
Dwelling unit, caretaker. See "caretaker living quarters." Dwelling unit, junior accessory (JADU) means a unit contained entirely within an existing or proposed single-family structure that may include separate or shared sanitation facilities.
Dwelling unit, manufactured means a manufactured house intended for occupancy by a single-family installed on a permanent foundation in conformance with applicable zZoning regulations.
Dwelling unit, mobile. See "mobile home."
Dwelling unit, motor home, RV, camper, trailer, etc. means a structure standing on wheels used for short term human occupation.
Dwelling unit, movable accessory (MADU) means a complete independent living facility that provides for one or more persons and is located on a lot with a proposed or existing primary residence that shall include provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the singlefamily or multifamily dwelling is or will be situated and meets the following requirements:
A. Meets the American National Standards Institute (ANSI) 119.5 requirements or the National Fire Protection Association (NFPA) 1192 standards, is certified for ANSI or NFPA compliance; and is certified by a 3rd party inspection agency (Design Approval Agency/Quality Assurance Agency) that the MADU meets this requirement;
B. Is licensed and registered with the California Department of Motor Vehicles; C. Cannot move under its own power;
D. Is no larger than allowed by California State Law for movement on public highways; and E. Is no smaller than 150 and no larger than 430 square feet as measured within the exterior faces of the exterior walls.
Dwelling unit, multi-family means a building, or portion thereof, designed for occupancy by two or more families living independently of each other and containing two or more dwelling units. See also apartment house. See definition in the Downtown Specific Plan and the General Plan.
Dwelling unit, single-family means a dwelling designed for occupancy by one family and located on one lot delineated by front, side and rear lot lines. See definition in the Downtown Specific Plan.
Dwelling unit, single-family, attached means two or more dwelling units, each owned in fee and located on individual lots but joined along a single lot line, each of which is totally separated from the other by an unpierced wall extending from ground to roof. See definition in the Downtown Specific Plan and the General Plan.
Dwelling unit, single-family, detached means a dwelling unit owned in fee and located on an individual lot that is not attached to any other dwelling unit by any means. See definition in the General Plan. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1181101&datasource=ordbank" web="yes">7609</ulink> § 11, 2022; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1169189&datasource=ordbank" web="yes">7592</ulink> § 12(Exh. M), 2022; 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> § 8, 11-5-2019; 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; Ord. 7331 § 128, 2016; Ord. 7302 § 5, 2015; Ord. 7185 § 5, 2012; Ord. 7158 § 18, 2012; Ord. 6966 § 1, 2007)
19.910.060 "E" Definitions.
Easement means a recorded right or interest in the land that belongs to someone else, that entitles the holder thereof to some use, privilege or benefit out of or over said land. See definition in the General Plan.
Efficiency dwelling unit. See "dwelling unit, accessory." Electronic message center sign. See "sign, electronic message center." Emergency shelter. See "shelters, emergency."
Encroachment means a break in the plane of a vertical or horizontal regulatory limit with a structural element, so that the structural element extends into a setback or above a height limit.
Entertainment. Has the same meaning as the definition and requires a permit as provided in Chapter 5.80 of Title 5 (Business Taxes, Licenses and Regulations).
Entertainment, incidental. Has the same meaning as the definition provided in Chapter 5.80 of Title 5 (Business Taxes, Licenses and Regulations).
Equipment (large) sales and rentals means establishments primarily engaged in the sale or rental of tools, trucks, tractors, construction equipment, agricultural implements and similar industrial equipment and the rental of mobile homes. Included in this use type is incidental storage, maintenance and servicing of such equipment.
Equipment (small) sales and rental means establishments primarily engaged in the sale or rental of small hand operated and human driven tools, compressors, agricultural implements and similar industrial equipment. Included in this use type is incidental storage, maintenance and servicing of such equipment.
Establishment means a nonresidential use of land involving structures that are subject to a building permit requirement. By way of example and not limitation, "establishment" includes businesses, schools, churches, hospitals, factories, houses of worship, professional offices, etc.
Explosive. See the Fire Code as currently adopted by the City.
Exterior building wall. See "building wall."
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1169189&datasource=ordbank" web="yes">7592</ulink> § 12(Exh. M), 2022; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1116112&datasource=ordbank" web="yes">7573</ulink> § 1(Exh. A), 2021; 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. 7408 § 1, 2018; Ord. 7331 § 128, 2016; Ord. 7064 § 10, 2010; Ord. 6966 § 1, 2007)
19.910.070 "F" Definitions.
Facade means the exterior wall of a building exposed to public view. See definition in the Design and Sign Design Guidelines.
Family means any individual or group of individuals living together, in a dwelling unit as a single housekeeping unit. Family does not include larger institutional group living situations, such as in a boarding house or hotel/motel/long-term stay.
Family day care home means a facility that regularly provides care, protection, and supervision for 14 or fewer children, in the provider's own home, for periods of less than 24 hours per day, while the parents or
guardians are away, and is either a large family daycare home or a small family daycare home as defined in Section 1596.78 of the Health and Safety Code as may be amended from time to time.
A. "Large family daycare home" means a facility that provides care, protection, and supervision for 7 to 14 children, inclusive, including children under 10 years of age who reside at the home.
B. "Small family daycare home" means a facility that provides care, protection, and supervision for eight or fewer children, including children under 10 years of age who reside at the home.
C. Family day care homes include detached single-family dwellings, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses where the daycare provider resides and includes a dwelling or a dwelling unit that is rented, leased, or owned.
Farm means property used for growing or raising agricultural products, including related structures and living quarters and dwellings thereon.
Farmers market, certified means a marketplace, either indoors or out-of-doors, that has been issued a direct marketing certificate by the County Agricultural Commissioner indicating that the marketplace is a certified farmers' market.
Fence means a solid or open barrier, other than a wall, located above ground and intended to enclose, screen or mark a boundary.
Financial institution means an establishment or facility for the custody, loan, exchange or issue of money, for the extension of credit and for transmission of funds.
Flag. See "sign, flag."
Flag lot. See "lot, flag."
Flammable. See the Fire Code as currently adopted by the City.
Flood, design means the selected flood against which protection is provided, or eventually will be provided, by means of flood protective or control works.
Flood, one-hundred-year. See "one-hundred-year flood."
Flood-proofing means any combination of structural and nonstructural additions, changes or adjustments to properties and structures, primarily for the reduction or elimination of flood damage to lands, water and sanitary facilities, structures and contents of buildings.
Floodway, designated means the channel of a stream and that portion of the adjoining floodplain required to reasonably provide for the construction of a project for passage of the design flood including the lands necessary for construction project levees.
Floor-area means the sum of the gross horizontal areas of the several floors of all buildings on the lot, measured from the exterior faces of exterior walls, or from the centerline of walls separating two buildings. "Floor area" includes the area of basements when used for residential, commercial or industrial purposes, but need not include a basement or portion of a basement used for storage or the housing of mechanical or central heating equipment.
Floor-area ratio (FAR) means the floor area of the building or buildings on a site or lot divided by the area of the site or lot. Parking Structures are not included in the floor area calculation. For projects within the Downtown Specific Plan Area, see definition in the Downtown Specific Plan.
[GRAPHIC]
Examples of floor area ratios
Exhibit from DSP
Fluorescent colors means the range of colors created through a synthetic pigmentation process in which ultraviolet light is absorbed and emitted at a different range within the color spectrum of the individual colors. The prohibited colors are listed on the fluorescent color chart as adopted by the City, are kept on file in the Planning and Building Department. The colors shown below represent a wider range of fluorescent shades. See definition in the Downtown Specific Plan. [GRAPHIC]
For an accurate representation of these colors see the sample board on file in the Planning and Building Department under case AM-008-945. A sample board is kept for reference at the public information counter.
Food service business. See "restaurant, food service business." For sale, rental or lease sign. See "sign, for sale, rental or lease." Fraternity or sorority house means a building rented, occupied or owned by a general or local chapter of some regularly organized college fraternity or sorority or by or on its behalf by a building corporation or association composed of members or alumni thereof, and occupied by members of the local chapter of such fraternity or sorority as a place of residence.
Freeway means a divided highway for through traffic with full control of access, with grade separations at all intersections and in respect to which the owners of abutting lands have no direct right or easement of access to or from their abutting land. A freeway is not a street for the purposes of this Ttitle. A road is not excluded from this definition if a toll is charged to enter or leave it. See definition in Title 18.
Freeway exit means any location along a freeway where an exit ramp or exit ramps exist.
Front lot line. See "lot line, front."
Frontage means that portion of a structure facing a public street and from that the address is normally taken. See definition in the Design Guidelines.
Frontage line. See "lot-line, front."
Frontage, building. For the purpose of calculating sign areas, "building frontage" means the linear measurement of exterior walls enclosing interior spaces that are oriented to and most nearly parallel to public streets, public alleys, parking lots, malls or freeways. See definition in the Sign Design Guidelines.
Frontage, major street means the street frontage from which the majority of the pedestrian or vehicular traffic is drawn or toward which the building or buildings are oriented for primary visual impact. Each commercial complex or shopping center shall be allowed to designate only one major street frontage.
Where no single street frontage can be identified as the major street frontage, or in cases of dispute as to which street frontage is the major street frontage, the Community & Economic Development Director or his/her designee shall designate the major street frontage in conjunction with the review of proposed signs.
Frontage, secondary street means a street frontage other than a major street frontage.
Fuel systems - private (above ground tanks) means that portion of property where flammable or combustible liquids or gases used as fuel are stored and dispersed for private use. (<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=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 §128, 2016; Ord. 7158 §19, 2012; Ord. 6966 §1, 2007)
19.910.080 "G" Definitions.
Garage, private means a completely enclosed accessory building or accessory portion of the main building used for shelter or storage of vehicles.
General Plan means the General Plan of the City of Riverside, adopted pursuant to the California Government Code Section 65301 et seq. and adopted by the Riverside City Council. See definition in the General Plan.
Glare means any brightness within the field of vision of such a character as to cause annoyance, discomfort, interference with vision, or loss in visual performance and visibility.
Granny Flat. See "accessory living quarters."
Gross acreage. See "acreage, gross."
Group housing or home means any living situation including motels and hotel buildings that are not for temporary use, that accommodates unrelated individuals, and may include but not be limited to the following types of facilities: (1) licensed alcohol and drug treatment facilities; (2) licensed board and care homes for the elderly including convalescent or rest homes and nursing homes; (3) licensed homes for minor children; (4) licensed homes for mental patients; (5) licensed homes for the developmentally disabled; and (6) single- room occupancy (SRO) projects. Group housing would typically involve a living arrangement where either support services are provided to the occupants, where cooking, living or support sanitary facilities are shared in common between the occupants or where there is a formal program establishing rules of conduct and purpose of the facility. See definition in the General Plan.
Guest house. See "accesssory - living quarters."
(Ord. 7408 §1, 2018; Ord. 7331 §128, 2016; Ord. 6966 §1, 2007)
19.910.090 "H" Definitions.
Habitable floor area, as defined in the Building Code as currently adopted by the City.
Hardscape means decorative elements within yards that may be combined with landscaping. Hardscape includes patios, decks, fountains, walls, art work, walkways, etc. See definition in the Downtown Specific Plan.
Height, building. See "building height."
Helicraft terms means:
1. Approach/departure path. A clear path selected for flight, extending upward and outward from the edge of the landing and take-off area.
2. Helicopter. A rotary wing aircraft that depends for its support and motion in the air principally upon the lift generated by one or more power-driven rotors rotating on substantially vertical axis.
3. Heliport. An area, either at ground level or elevated on a structure, that is used or intended to be used for the landing and take-off of helicopters, and includes some or all of the various facilities useful to helicopter operation such as helicopter parking, waiting room, fueling and maintenance equipment.
4. Helistop. A heliport, either at ground level or elevated on a structure, for the landing and take-off of helicopters, but without auxiliary facilities such as waiting room, hangar, parking, maintenance or fueling equipment.
5. Take-off/landing area. The area of the heliport where the helicopter actually lands and takes off.
6. Temporary site. A site for helicraft take-offs and landings to be used on a limited basis not to exceed 48 hours.
Historic resources. See Title 20 for definitions and regulations.
Hobby activity means a noncommercial avocation carried on by the occupant of a dwelling as a secondary use, in connection with which there is no stock in trade nor commodities sold upon the premises, no person employed and no mechanical or business equipment used, except such as is customarily incidental to domestic uses.
Home improvement, sales, and service (hardware, lumber and building material stores)—Retail means a commercial land use consisting of any facility that caters to the general public by providing a broad range of home repair and maintenance goods like hardware, tools, plumbing and electrical goods, lumber and structural material. Those facilities that focus on a specific area like flooring, wall coverings or lumber, are excluded from this category.
Home occupation means any use of a dwelling unit and related property for employment or occupational purposes that is incidental to the residential use of the dwelling unit. The cultivation, manufacturing, distribution, transport, or sale of cannabis or cannabis products is not a permitted home occupation.
Homebrew. See "brewery, homebrew."
Homeless persons means the same as defined in Section 11302 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Ch. 119).
Hospital, as defined in Section 1250 California Health and Safety Code, a health care facility with a duly constituted governing body with overall administrative and professional responsibility and an organized medical staff that provides 24-hour inpatient care, including the following basic services: medical, nursing, surgical, anesthesia, laboratory, radiology, pharmacy, and dietary services.
Hospital, mental, as defined in Section 1250 California Health and Safety Code, a health facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical staff that provides 24-hour inpatient care for mentally disordered, incompetent, or other patients referred to in Division 5 (commencing with Section 5000) or Division 6 (commencing with
Section 6000) of the Welfare and Institutions Code, including the following basic services: medical, nursing, rehabilitative, pharmacy, and dietary services.
Hotel/motel, adult. See 9.40.020.
Hotel/motel, long term stay means a hotel or motel designed and operated to accommodate travelers whose guest stays may exceed 30 days but no more than 180 consecutive days within a calendar year.
Hotel, transient means a facility offering transient lodging accommodations to the general public with access to guest rooms provided by interior corridors. All of the accommodations in a hotel shall be for the use of transients. For the purpose of this Ttitle, transients shall be defined as any person who exercises occupancy or is entitled to occupancy or is entitled to occupancy by reason of concession, permit, right of access, renting accommodations or by other agreement of whatever nature, for a period of 30 consecutive calendar days. Up to a maximum of five percent of the total number of units can be occupied by guests that exceed these occupancy limits at any given time. The limitations on occupancy shall not apply to hotels with National Historic Landmark status and during the existence of a public emergency or natural disaster requiring the provision of emergency public shelter. Hospitals, sanitariums or orphanages, asylums, detention homes, jails, prisons, transitional shelters/housing, bed and breakfast, group housing or similar buildings where human beings are housed or detained under legal restraint or part of a treatment or other regulated program are specifically excluded. See definition in the Downtown Specific Plan.
Household. See "single housekeeping unit."
Household hazardous waste means a waste, or combination of wastes, that because of its quantity, concentration, or physical, chemical, or infectious characteristics may do either of the following: (1) cause, or significantly contribute to, an increase in serious irreversible, or incapacitating reversible illness; (2) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or otherwise managed. Household hazardous waste includes waste oil, antifreeze, paint, car/household batteries, herbicides, pesticides, solvents, and pool chemicals.
Hydrozone means a portion of a planted area where plants are grouped according to similar water need. (<ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1284848&datasource=ordbank" web="yes">Ord. 7660</ulink>, § 19, 2024; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1207080&datasource=ordbank" web="yes">7630</ulink> § 10, 2023; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1181101&datasource=ordbank" web="yes">7609</ulink> § 12, 2022; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=905806&datasource=ordbank" web="yes">7431</ulink> § 9, 2018; Ord. 7331 §128, 2016; Ord. 7185 §6, 2012; Ord. 7071 §4, 2010; Ord. 6966 §1, 2007)
19.910.100 "I" Definitions.
Improvement means any construction, building, paving or landscaping that materially adds to the value of a facility, substantially extends its useful life, adapts it to new uses or enhances its physical attributes. It also refers to the construction of streets and related appurtenances as noted in Title 18.
Indoor collection recycling center. See recycling center, indoor collection.
Industrial complex. See "complex, industrial."
Installed means erected, constructed, posted, painted, printed, tacked, glued, or otherwise fastened, fixed, or made visible in any manner whatsoever.
Interior lot. See "lot, interior."
Internet café. See "arcade."
Interpretive historic sign. See "sign, interpretive historic." (Ord. 7331 §128, 2016; Ord. 6966 §1, 2007)
19.910.110 "J" Definitions.
Junk means any scrap, waste, reclaimable material, or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, bailing, disposal or other use or disposition.
Junk yard. See "salvage yard."
(Ord. 7331 §128, 2016; Ord. 6966 §1, 2007)
19.910.120 "K" Definitions.
Kennel-commercial means any public or private facility where five or more dogs are temporarily kept, boarded or trained, with payment of a fee, for the off-premises owners of such animals. This definition does not include zoos or animal hospitals operated by a veterinarian duly licensed under the law.
Kennel-residential means any building, structure, enclosure or premises located in a residential zone whereupon, or within which five or more dogs, four months of age or older, are kept or maintained only for the personal use of persons living on the premises, and shall not include commercial kennels or the boarding off-premises owners of animals.
Key lot. See "lot, key."
Kiosk means a free-standing structure upon which temporary information and/or posters, notices or announcements are posted.
Kitchen means any room used, intended or designed to be used, for cooking or the preparation of food. (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 §128, 2016; Ord. 6966 §1, 2007)
19.910.130 "L" Definitions.
Laboratory means a building or portion of a building that contains facilities for testing and analysis of a product, person, animal or portion thereof.
Landscaping means landscaping includes but is not limited to grasses, ground cover, trees, shrubs and/or other planting, decorative rock or bark.
Legislative means a land use decision that applies to an entire zoning district or a large number of individuals or properties or that establishes or modifies policy or procedure.
Lighted sign. See "sign, lighted."
Live/work unit means a residential occupancy, by a single housekeeping unit, or one or more rooms or floors in a building that includes: (1) cooking space and sanitary facilities in conformance with City building standards; and (2) adequate working space accessible from the living area, reserved for, and regularly used by, one or more persons residing therein. See definitions in the Downtown Specific Plan and the Design Guidelines.
Loading space means an off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise of materials and which abuts upon a street, alley or other appropriate means of access.
Lodging house. See "boarding house."
Logo means a graphical symbol that represents a concept, idea, or identifier.
Logistics use. See “Warehousing and distribution facility.
Lot means a legally recognized parcel of land abutting on one or more streets. See definitions in the Title 18 and the General Plan.
Lot area means the total horizontal area within the lot lines of a lot, excluding any street or right-of-way area, except that in the RA-5 Zone, "lot area" includes that portion of the adjoining street or streets measured from the street centerline or centerlines.
Lot, corner means a lot situated at the intersection of two or more streets, having an angle of intersection of not more than 135 degrees.
[GRAPHIC]
Lot, corridor access. See "lot, flag."
Lot coverage means the area of a lot that is covered by a building(s) or structure(s), expressed as a percentage of the total lot area (excluding pools, fences, and walls). Lot coverage is measured from the exterior wall or post of the building(s) or structure(s) (including lattice, trellis, or solid roof).
Lot depth means the horizontal distance between the front and rear lot lines, measured from the midpoint of the front lot line to the midpoint of the rear lot line.
Lot, flag means a lot with access to a street by means of a corridor having less than the required lot width.
The term also includes corridor access lot and panhandle lot. See definition in Title 18. [GRAPHIC]
Corridor Access Lot
Lot, interior means a lot other than a corner lot.
Lot, key means the first lot to the rear of a reversed corner lot and not separated by an alley. [GRAPHIC]
Lot, panhandle. See "lot, flag."
Lot, planned residential development (PRD) means a designated portion of or division of land, air space or combination thereof within the boundaries of a planned residential development that does not meet the definition of a lot. A PRD lot may be approved by the Approving Authority as part of a planned residential development permit. A PRD lot, if so approved, need not have frontage on a public street or otherwise comply with the requirements of the underlying zone, or Title 18, except as provided by this Ttitle.
Lot, reversed corner means a corner lot, the side street line of which is substantially a continuation of the front line of the lot line of the lot to its rear.
Lot, through means a lot having frontage on two parallel or approximately parallel streets, excluding where access has been relinquished along one of the frontages.
Lot width means the horizontal distance between the side lot lines, measured at right angles to the lot depth at the building setback line for regular lots, and the horizontal distance between the side lot lines measured by a straight line drawn at one-third the required minimum lot depth on each side lot line for cul-de-sac lots, and knuckle lots.
Lot-line means a line defining an exterior boundary of a lot. [GRAPHIC]
Lot-line, front means the line separating the lot from the street. In the case of a corner lot, a line separating the narrowest street frontage of the lot from the street, except in those cases where the latest tract deed restrictions specify another line as the front lot line. The Community & Economic Director may, on a case-by-case basis, identify the front lot line of corner lots based on the orientation of the dwelling, provided that the existing structure(s) comply with all applicable setbacks.
Lot-line, rear means a lot line that is opposite and most distant from the front lot line and, in the case of an irregular, triangular or gore-shaped lot, a line within the lot, parallel to and at a maximum distance from the front lot line, having a length of not less than ten feet.
Lot-line, side means any boundary line not a front lot line or a rear lot line.
Lot-line, zero. See "zero lot line."
Low barrier navigation center means a housing first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.
Lower-income student means, for the purpose of determining a projects eligibility for a density bonus pursuant to Chapter 19.545, a student who has a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth Education Code Section 69432.7(k)(1). The eligibility of a student to occupy a unit for lower income students under this Ssection shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education in which the student is enrolled or by the California Student Aid Commission that the student receives or is eligible for financial aid, including an institutional grant or fee waiver from the college or university, the California Student Aid Commission, or the federal government.
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1181101&datasource=ordbank" web="yes">7609</ulink> § 13, 2022; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1116112&datasource=ordbank" web="yes">7573</ulink> § 1(Exh. A), 2021; Ord. 7331 §128, 2016; Ord. 7027 §7, 2009; Ord. 6966 §1, 2007)
19.910.140 "M" Definitions.
Major street frontage. See "frontage, major street."
Major transit stop has the same meaning as defined in Ssubdivision (b) of Section 21155 of the Public Resources Code. It means a site containing an existing rail or bus rapid transit station; or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less at the morning and afternoon peak commute hours. It also includes planned major transit stops that are included in the regional transportation plan.
Mall means a shopping center where stores front on both sides of a pedestrian way that may be enclosed or open. Malls are typically enclosed, with a climate-controlled walkway between two facing strips of stores. The term represents the most common design mode for regional and superregional centers and has become an informal term for these types of centers. Any concentration of retail stores or service establishments that share customer-parking areas and are located within an enclosure having public walkways whereby a customer in one store or establishment may walk to another store or establishment without leaving the enclosure. For purposes of Chapter 19.620 (General Sign Provisions) and Chapter
19.625 (Private Party Signs on City-Owned Property and the Public Right-of-Way) a mall is defined as an open area located adjacent to urban buildings and designed primarily for pedestrian traffic, featuring walkways, trees and shrubs, and places to sit.
Mansard roof means a sloped, decorative roof element attached to the face of a building wall. See definitions in the Design and Sign Design Guidelines.
Manufacture means to assemble, fabricate, compound, treat, etc. in order to produce something.
Manufactured dwelling unit: Manufactured home. See "dwelling unit, manufactured and dwelling unit, accessory dwelling unit for incidental uses."
Marijuana. See "cannabis."
Massing means the unified composition of a structure's volume, affecting the perception of density and bulk. See definition in the Downtown Specific Plan.
Material processing facility (MPF) means a facility where source separated (presorted) recyclable materials are further sorted and separated, then bulked or converted for reprocessing, by hand or by use of machinery.
Material recovery facility (MRF) means a solid waste facility where mixed municipal solid waste is sorted or separated, by hand or by use of machinery, for the purpose of recovering recyclable materials.
Message center sign, electronic. See "sign, electronic message center." Message commercial means a message on a sign that pertains primarily to the economic interests of the sign sponsor and/or the viewing audience. Such messages typically concern proposals for economic transactions and/or the engagement of professional services. (Contrast: non-commercial messages.)
Message non-commercial means a message displayed on a sign that does not qualify as commercial. By way of example only and not limitation, such messages typically concern debatable matters of public concern, such as expression on religion, politics and social commentary. (Contrast: commercial message.) Microbrewery. See "brewery, microbrewery."
Mini-mart. See "store, mini-mart."
Mini-warehouse. See "commercial storage."
Mixed use development means a single building containing more than one type of land use or a single development of more than one building and use, where the different types of land uses are in close proximity, planned as a unified complementary whole, and functionally integrated to the use of shared vehicular and pedestrian access and parking areas. See definitions in the General Plan, Design Guidelines and Downtown Specific Plan.
Mobile home means a State licensed or registered moveable or transportable vehicle, other than a motor vehicle, designed as a permanent structure intended for occupancy by one family, and having no foundation other than jacks, piers, wheels or skirtings in accordance with applicable standards and meeting the requirements of the California Department of Housing and Community Development.
Mobile home, building line means a line parallel with the front mobile home space line or access drive and distance therefrom the depth of the required front yard.
Mobile home park means a lot or contiguous group of lots intended for residential use where residence is in mobile homes exclusively or where ownership is by condominium association, in lieu of mobile homes, said development is occupied exclusively by factory-built dwellings approved by the State of California and established on permanent foundations.
Mobile home, space means a plot of ground within a mobile home park abutting one or more access drives, designed for the accommodation of one mobile home.
Mobile medical unit means medical equipment contained within a van, motorized coach or trailer capable of being transported from place to place.
Mobile recycling unit. See "recycling unit, mobile."
Model homes means an unoccupied residential unit in a residential subdivision, typically located in a residential structure ultimately planned for sale as part of the subdivision, used for the temporary marketing and sales of homes within the subdivision. Attached condominium and townhouse units may also be used as a model home.
Modulation means a stepping back or projecting forward of portions of a building face within specified intervals of building width and depth, as a means of breaking up the apparent bulk of a structure's continuous exterior walls.
Monitored electrified security fence system means a perimeter alarm system that transmits a signal intended to alert the business utilizing the system and/or an alarm monitoring service in response to an intrusion or burglary with an assembly of battery powered equipment, including but not limited to:
1. A monitored alarm device and energizer which is intended to periodically deliver pulses to a security fence;
2. A battery charging device used exclusively to charge the system's battery; and
3. Other integrated components.
Monument sign. See "sign, monument."
Motel, long term stay. See "hotel/motel, long term stay." Motel, transient means a facility offering transient lodging accommodations to the general public with access to guest rooms provided by exterior walkways. All of the accommodations in a motel shall be for the use of transients. For the purposes of this Ttitle, transients shall be defined as any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, renting accommodations of by other agreement of whatever nature, for a period of 30 consecutive calendar days or less, or a total of no more than 60 calendar days within a 180 consecutive calendar day period. Up to a maximum of five percent of the total number of rooms can be occupied by guests that exceed these occupancy limits at any given time. The limitations on occupancy shall not apply during the existence of a public emergency or natural disaster requiring the provision of emergency public shelter. Hospitals, sanitariums or orphanages, asylums, detention homes, jails, prisons, transitional shelters/housing, group housing or similar buildings where human beings are housed or detained under legal restraint or part of a treatment or other regulated program are specifically excluded. See definition in the Downtown Specific Plan.
Multi-family dwelling unit. See "dwelling unit, multi-family." Multi-tenant indoor sales center means any store where merchandise is offered or displayed for sale or exchange and in which the sales area has been subdivided to allow for individual sales booths that are available for lease to individual tenants. For purposes of this definition, areas bounded by permanent floor-to-ceiling walls or windows, in which all entryways are capable of being closed and locked, shall be considered separate stores and not subdivisions of one store. No store in which one vendor occupies at least 80 percent of the floor area used for sale of goods shall be considered a multi-tenant indoor sales center. For purposes of this definition, a vendor is each person offering goods for sale in a store who is subject to a permit from the State Board of Equalization to engage in or conduct business as a seller at that store. Each such vendor shall be deemed a tenant in that store. The term multi-tenant indoor sales center is interchangeable with and applicable to flea markets, swap meets or other similarly named or labeled activities; but the term does not include the usual grocery supermarket operations, antique malls, second hand/thrift stores or department stores.
Multi-tenant site. See "center, multi-tenant site or center." Mural means a commissioned artistic rendering that does not in any way advertise a product, service or business logo or contain copy that includes a business name or logo. See definition in the Sign Design Guidelines.
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1207080&datasource=ordbank" web="yes">7630</ulink> § 11, 2023; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1191455&datasource=ordbank" web="yes">7617</ulink> § 3, 2022; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1181101&datasource=ordbank" web="yes">7609</ulink> § 14, 2022; 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=905806&datasource=ordbank" web="yes">7431</ulink> § 10, 2018; Ord. 7331 §128, 2016; Ord. 7316 §3. 2016; Ord. 7185 §7, 2012; Ord. 7105 §8. 2010; Ord. 6966 §1, 2007)
19.910.150 "N" Definitions.
Neon sign. See "sign, neon."
Net acreage. See "acreage, net."
Nightclub means an establishment characterized by any or all of the following as a principal use: (1) live, recorded or televised entertainment including, but not limited to, performance by magicians, musicians or comedians; (2) dancing. "Nightclub" does not include activities associated with another primary permitted use such as a bar or restaurant subject to the provisions of Chapter 5.80 (Entertainment Permit).
Non-commercial message. See "message, non-commercial."
Non-commercial sign. See "sign, non-commercial."
Non-commercial speech. See "message, non-commercial."
Non-conforming lot means a lawfully established parcel of land that does not conform with the current standards of the zone in which it is located, including lot area, lot width and lot depth.
Nonconforming structure means a lawfully built structure that does not conform with current standards of the zone in which it is located, including front setback, side setback, rear setback, height, coverage, distances between structures and parking facilities.
Nonconforming use means a lawfully established use of a building or land, that use was lawfully established, but that does not conform to the current regulations. See definition in the General Plan.
Nuisance means an act or condition, when performed or existing upon a parcel of land or structure, that is considered dangerous or potentially dangerous to public health, safety or welfare, degrades the appearance and value of surrounding properties or can cause damage to public rights-of-way. (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 §128, 2016; Ord. 6966 §1, 2007)
19.910.160 "O" Definitions.
Off-premises sign. See "sign, off-premises."
Office complex. See "complex, office."
On-premises sign. See "sign, on-premises."
One-hundred-year flood means the highest level of flooding that, on the average, is likely to occur once every 100 years. The term also means that level of flooding having a one percent chance of occurring each year.
Open space, common usable. See "common usable open space."
Open space, private usable. See "private usable open space." Orchard. See "farm."
Outdoor dining means dining facilities consisting of tables, chairs and similar furniture located out-ofdoors.
Outdoor display of incidental plant material means live plant materials displayed outdoors in conjunction with a primary business.
Outdoor food preparation means food preparation facilities consisting of equipment for the cooking of food and preparation located out-of-doors adjacent to an indoor eating establishment.
Outdoor sales means the display and sales of products or services primarily outside a structure and limited to those items generally stored, used and/or inspected outdoors.
Outdoor sales display means an outdoor arrangement of objects, items, products or other materials, typically not in a fixed position and capable of rearrangement, designed and used for the purpose of advertising or identifying a business, product or service.
Outdoor storage means an outdoor arrangement of objects, items, products or other materials, typically not in a fixed position and capable of rearrangement. (See also Storage Yard). (Ord. 7331 §128, 2016; Ord. 7235 §24, 2013; Ord. 6966 §1, 2007)
19.910.170 "P" Definitions.
Pad, building. See "building pad."
Painted sign. See "sign, painted."
Panhandle lot. See "lot, flag."
Parapet wall means the portion of the exterior building wall that extends entirely above the roof line. See definitions in the Design Guidelines and the Downtown Specific Plan.
Parking area, public means an open area, other than a street, alley or place, used for the temporary parking of more than four vehicles and available for public use whether free, for compensation, or as an accommodation for clients or customers.
Parking garage means a structure or building designed and maintained exclusively for the temporary parking or storage of more than four vehicles and available for public use, whether free, for compensation, or as an accommodation for clients or customers.
Parking lot sale means outdoor sale, conducted by the proprietor, of products normally sold inside a retail establishment on the property.
Parking space, vehicle means an off-street space available for the parking of one motor vehicle conforming to the typical parking lot standards.
Parolee means an individual as follows:
A. Convicted of a federal crime, sentenced to a United States federal prison, and received conditional and revocable release in the community under the supervision of a federal probation/parole officer; or
B. Who is serving a period of supervised community custody as defined by State Penal Code 3000, following a term of imprisonment in a State prison or County jail, and is under the jurisdiction of the California Department of Corrections, Division of Adult Parole Operations; or C. An adult or juvenile individual sentenced to a term in the California Youth Authority and received conditional and revocable release in the community under the supervision of a Youth Authority parole officer; or
D. An adult or juvenile offender released from county jail or state prison after October 1, 2011, on Post Release Community Supervision.
Parolee/probationer home means any residential structure or unit, including any hotel or motel except as provided herein, whether owned and/or operated by an individual or for-profit or non-profit entity, that houses two or more parolees/probationers, unrelated by blood, marriage, or legal adoption, in exchange for monetary or non-monetary consideration given and/or paid by the parolee/probationer and/or any individual or public/private entity on behalf of the parolee/probationer, excluding parolees/probationers who reside in alcohol and/or drug free recovery home as defined in this Ttitle. Notwithstanding this definition or any other provision of thisthe Riverside Municipal Code, hotels and motels with 14 rooms or less cannot provide transient lodging services or accommodations to more than three parolees during any 30 consecutive-day period regardless of the length of their respective stays; and hotels and motels with 15 rooms or more cannot provide transient lodging services or accommodation to more than five parolees during any 30 consecutive-day period regardless of the length of their respective stays.
Pawn shop means an establishment wherein the business of a pawnbroker is conducted. A pawnbroker shall be any person who lends or advances money or other things for profit on the pledge and possession of personal property, or other valuable things, other than securities or written or printed evidences of indebtedness; or, who deals in the purchasing of personal property or other valuable things on condition of selling the same back to the seller at a stipulated price.
Pedestrian Mall is established and is described as follows: Main Street between the southerly line of Sixth Street and the northerly line of Tenth Street but excluding from the mall the intersections of Main Street with Mission Inn Avenue (formerly known as Seventh Street), University Avenue (formerly known as Eighth Street), and excluding from the mall Ninth Street. See definition in the Sign Design Guidelines. (Ordinance No. 6929)
[GRAPHIC]
Pedestrian Mall sidewalk sign. See "sign, Pedestrian Mall sidewalk." Pennant. See "sign, pennant."
Permit means a document issued by the Planning and Building Department allowing a person to begin an activity provided for in this Titlethe Zoning Code.
Personal services means establishments providing nonmedically related services, including but not limited to beauty and barber shops; hair stylists; estheticians; pet grooming; dry cleaning pick-up stores; self-service laundry; massage; shoe repair shops; tailoring; tanning salons; and tattoo and body piercing parlors. These uses may also include accessory retail sales of products related to the services provided.
Planned residential development means two or more dwelling units together with related land, buildings and structures planned and developed as a whole in a single development or a programmed series of
developments that require discretionary approval and involve the creation of a Home Owners Association to provide for maintenance of common facilities within the development in accordance with the requirements of Chapter 19.780.
Plant nursery means any site or facility where nursery plants and related gardening materials and supplies are sold within a defined, approved, physically enclosed area.
Plant nursery, wholesale means a business whose primary purpose is the growing, propagation and storage of plants, typically in containers, for sale to other businesses for resale. Incidental uses may include an office, caretaker's unit, storage buildings, shade houses, green houses, irrigation materials, reservoirs, soil and related materials, containers for potting, and vehicles needed to move materials from one location to another.
Play areas incidental to a restaurant means an improved and equipped area for small children to play in.
Plot plan. See "site plan."
Pole sign. See "sign, pole."
Political sign. See "sign, political."
Portable sign. See "sign, portable."
Post release community supervision parolee. See "parolee." Principal, building means a building in which the primary use of the lot on which the building is located is conducted.
[GRAPHIC]
Private usable open space means open areas devoted exclusively to the private recreation and leisure use of one dwelling unit, contiguous to the unit, delineated by a wall, fence, or as otherwise approved.
Probationer means a person who has been convicted of a felony or misdemeanor and who has received a suspension in the imposition or execution of their sentence and has received conditional and revocable release in the community under the supervision of a probationer officer, as provided under California Penal Code Section 1203 or any successor provision thereof.
Projecting sign. See "sign, projecting."
Projection means the distance as established by this Code by which a sign extends beyond the building wall or the street property line. See definition in the sign Design Guidelines.
Public property means land or other property owned by the City, or in that City holds the present right of possession or control, or land or other property that the City holds in trust, as well as all public rights-ofway.
Public, right-of-way. See "right-of-way."
Public use of public property means the use of property owned by a government entity for any governmental purpose or for any activity available to the public, including any recreational, civic, educational, cultural, or public utility use.
Pumpkin sales lot means a retail sales operation, generally conducted wholly outdoors, that offers for sale on a temporary, limited basis, pumpkins and related holiday items. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1248964&datasource=ordbank" web="yes">7652</ulink> § 15, 2023; 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. 7408 §1, 2018; Ord. 7331 §128, 2016; Ord. 7158 §20, 2012; Ord. 6966 §1, 2007)
19.910.180 "Q" Definitions.
Quasi-judicial (discretionary). See "discretionary decision." (Ord. 7331 §128, 2016; Ord. 6966 §1, 2007)
19.910.190 "R" Definitions.
Readerboard sign. See "sign, readerboard."
Real estate sign. See "sign, real estate."
Rear lot line. See "lot line, rear."
Recreational vehicle. See "vehicle, recreational."
Recycle means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become solid waste, and return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace.
Recycling center, buy-back means a facility that pays a fee for the delivery and transfer of ownership to the facility of source separated materials for the purpose of recycling or composting.
Recycling center, California beverage container means a facility designed to only recycle California beverage containers (e.g., reverse vending machines).
Recycling center, drop-off means a facility that accepts delivery or transfer of ownership of source separated materials for the purpose of recycling or composting without paying a fee.
Recycling center, indoor collection means a beverage container recycling facility located within a completely enclosed building operating solely for the purpose of collecting, sorting, temporarily storing and redeeming beverage containers as defined by this Ttitle.
Recycling facility, beverage container means a site where beverage containers as defined in this Ttitle may be redeemed for cash or other compensation. Said facility may be a reverse vending machine(s), mobile recycling unit or indoor collection center.
Recycling unit, mobile means a properly licensed automobile, truck, trailer or van that is used for the collection of recyclable beverage containers. Also included in this definition are bins, boxes or containers transportable by said vehicles.
Religious assembly means a use located in a permanent building and providing regular organized religious worship and related incidental activities, except primary or secondary schools and day care facilities. See also "assemblies of people—non-entertainment."
Rental of rooms means the rental of a room or rooms in a single family residence/dwelling for occupancy of not more than four individuals per single family residence/dwelling.
Residential care facility. See "group housing or home." Rest home. See "convalescent home."
Restaurant, sit down means an establishment maintained, operated and/or advertised or held out to the public as a place where food and beverage are prepared on-site and served to the public on demand from a menu during stated business hours, to be consumed on the premises primarily inside the building at tables, booths or counters, with chairs, benches or stools.
Restaurant, take-out means a facility that sells prepared food from inside a building for consumption primarily off the site.
Retail sales means a commercial enterprise that provides goods and/or services directly to the consumer, where such goods are normally available for immediate purchase and removal from the premises by the purchaser.
Reverse vending machine means an automated mechanical device that accepts one or more types of empty beverage containers including but not limited to aluminum cans, glass and plastic bottles and issues a cash refund or redeemable credit voucher for not less than the redemption value of the container as determined by the state. A reverse vending machine may sort and process containers mechanically provided the entire process is enclosed within the machine.
Reverse vending machine, bulk type means a reverse vending machine occupying more than 50 square feet or a group of two or more machines occupying an aggregate of 100 square feet or more or a single machine or group of machines having an overall height of ten feet or more.
Reversed corner lot. See "lot, reversed corner."
Riding Stable and Academy means any place where horses and ponies, not to exceed the number allowed in the base zone, are boarded, cared for, or hired for riding or instruction.
Right-of-way, public means any place that is dedicated to use by the public for pedestrian and vehicular travel, and includes, but is not limited to, a street, sidewalk, curb, gutter. Crossing, intersection, parkway, median, highway, alley, lane, mall, court, way, avenue, boulevard, road, roadway, viaduct, subway, tunnel, bridge, thoroughfare, park square and other similar public way. See definitions in Title 18 and the General Plan.
Roof means the cover of any building, including the eaves and similar projections.
Roof line means in the case of a flat roof, the uppermost line of the roof of a building; in the case of a pitched roof, the lower edge of the eave; or in the case of an extended facade or parapet, the uppermost height of the said facade or parapet.
Roof sign. See "sign, roof."
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=988206&datasource=ordbank" web="yes">7487</ulink> § 27, 11-5-2019; Ord. 7331 §128, 2016; Ord. 6966 §1, 2007)
19.910.200 "S" Definitions.
Saloon. See "bar."
Salvage yard means any area, lot, parcel, building, or part thereof used for the storage, collection, processing, purchase, sale, or abandonment or wastepaper, rags, scrap metal, or other scrap or discarded materials, machinery, or other types of junk. Such uses include baling of cardboard and other paper materials.
Scale means proportionate size judged in relation to an external point of reference. See definition in the Downtown Specific Plan.
School means any institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, or university. This definition does not include any day care center or family day care home, regardless of size (see separate definitions for all day care facilities).
School, professional institution of higher education means a post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields.
School, vocational means a specialized instructional establishment that provides on-site training of business, commercial and/or trade skills such as accounting, data processing and computer repair. This classification excludes establishments providing training in an activity that is not otherwise permitted in the zone. Incidental instructional services in conjunction with another primary use shall not be considered a business and trade school.
Secondary street frontage. See "frontage, secondary street." Secondhand store means a retail or wholesale business in which the largest portion of merchandise is used. This classification does not include secondhand motor vehicle parts or accessories.
Semi-public means a use owned or operated by a private non-profit, religious or charitable institution that provides educational, cultural, recreational, religious or similar types of programs to the general public.
Senior housing means a housing facility or development the occupancy of which is limited to persons 55 years of age or older pursuant to Section 51.3 of the California Civil Code.
Sensitive receptor means 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, nursing homes, hospices and hospitals. Sensitive receptor shall be consistent with California Government Code § 65098.
Separate interest. Has the following meanings:
1. In a community apartment project, "separate interest" means the exclusive right to occupy an apartment, as specified in 19.790 Ssubdivision (d).
2. In a condominium project, "separate interest" means an individual unit, as specified in 19.790 Ssubdivision (f).
3. In a planned development, "separate interest" means a separately owned lot, parcel, area or space.
4. In a stock cooperative, "separate interest" means the exclusive right to occupy a portion of the real property, as specified in 19.790 Ssubdivision (m).
Unless the declaration or condominium plan, if any exists, otherwise provides, if walls, floors, or ceilings are designated as boundaries of a separate interest, the interior surfaces of the perimeter walls, floors, ceilings, windows, doors and outlets located within the separate interest are part of the separate interest and any other portions of the walls, floors or ceilings are part of the common areas.
The estate in a separate interest may be a fee, a life estate, an estate for years, or any combination of the foregoing.
Service station. See "vehicle fuel station."
Setback means the distance from a defined point or line governing the placement of buildings, structures, parking or uses on a lot. See definition in the General Plan.
Setback building line, front means a line parallel with the front lot line or planned street line and located at the required front yard setback for regular lots and a line parallel with the street measured one third the lot depth back for cul-de-sac lots and knuckle lots.
Setback building line, rear means a line parallel with the front lot line or planned street line and located at the required rear yard setback.
Setback, building line, side means a line parallel with the front lot line or planned street line and located at the required side yard setback.
Shared parking means the provision that two or more uses that are within close proximity may share parking facilities to fulfill their individual parking requirements because their prime operational hours do not overlap.
Shelters, emergency. Has the same meaning as defined in Ssubdivision C of Section 50801 of the Health and Safety Code except as allowed with a Temporary Use Permit with assemblies of people—nonentertainment.
Shopping center. Same as "complex, commercial."
Short-term rental, as regulated in Title 5 of thisthe Riverside Municipal Code, means the rental of a dwelling, or a portion thereof, by the owner to another person or group of persons for occupancy, dwelling, lodging or sleeping purposes for a period of less than 30 consecutive calendar days. The rental of units within city-approved hotels, motels, and bed-and-breakfast inns shall not be considered to be a short-term rental.
Showroom means an area for the display of goods/merchandise in conjunction with a permitted use on the site.
Side lot line. See "lot line, side."
Sign. See Chapter 19.620 - General Sign Provisions, Section 19.620.150 Definitions for sign definitions.