Riverbank City Zoning Code
REGIONAL HOUSING
NEEDS ASSESSMENT OVERLAY
§ 153.166 PURPOSE.
(A) This section specifies the process for reviewing uses entitled to review as a “use by right” as defined in Cal. Gov’t Code § 65583.2. In enacting this section, it is the intent of the city to implement state law as well as the goals, objectives, and policies of the General Plan.
(B) This section also creates opportunities for future affordable housing development on existing religious institutional land within the city and seeks to utilize State of California Senate Bill 4, signed into law on October 11, 2023, which permits housing as a use by right on lands owned by an independent institution of higher education or religious institution.
(C) For the purposes of this section, the following definition shall apply:
BY-RIGHT. The review of the project may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a “project” under the California Environmental Quality Act as defined in Cal. Gov’t Code § 65583.2.
(Ord. 2026-003, passed 7-28-26)
§ 153.167 ELIGIBILITY FOR BY-RIGHT APPROVAL.
The following residential uses are eligible for by-right approval provided site qualifies based on the following criteria:
(A) Are located on sites listed as lower-income sites in the adopted housing element site inventory pursuant to Cal. Gov’t Code § 65583.2(c) that are shown to have been either:
(1) Vacant and listed in two prior housing element site inventories; or
(2) Non-vacant and listed in a previous housing element site inventory.
(3) The sites listed as lower-income sites in the adopted housing element pursuant to Cal. Gov’t Code § 65583.2(c) are shown in Table VI-10 of the 6th Cycle Housing Element.
(B) Are located on sites subject to rezoning in the adopted housing element site inventory pursuant to Cal. Gov’t Code § 65583.2(c).
(C) At least 20% of the total number of housing units in the project are proposed affordable to lower-income households at affordable rent or affordable housing cost, as applicable.
(Ord. 2026-003, passed 7-28-26)
§ 153.168 ELIGIBILITY FOR RELIGIOUS INSTITUTION SITES.
The following residential uses are eligible for by-right approval provided site qualifies based on the following criteria:
(A) Are located on sites listed as religious institution sites in the adopted housing element site inventory pursuant to Cal. Gov’t Code § 65913.16.
(B) Are located on sites that meet the eligibility criteria pursuant to Cal. Gov’t Code § 65913.16.
The religious institution sites in the adopted housing element are shown in Table VI-15 of the 6th Cycle Housing Element.
(Ord. 2026-003, passed 7-28-26)
§ 153.169 PERMIT REQUIREMENTS.
(A) Permit requirements. An applicant for a project eligible for by-right approval shall submit a ministerial plan permit for approval of the design. No discretionary permit or approval is required.
(B) Review of application.
(1) For ministerial plan permit applications listed in this section, the Community Development Director, or designee, without notice or hearing, shall consider the application ministerially without discretionary review. When the application is in compliance with the relevant standards, the permit shall be issued. The decision may be appealed to the Planning Commission pursuant to § 153.219.
(2) The application for the ministerial plan permit shall be reviewed for conformance with objective standards established by the General Plan, applicable Specific Plans, Zoning Code, design standards, and other adopted standards.
(3) As provided by Cal. Gov’t Code § 65583.2(i), an eligible project is exempt from the California Environmental Quality Act.
(Ord. 2026-003, passed 7-28-26)
