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Riverbank City Zoning Code

GENERAL REGULATIONS

§ 153.180 USES.

   (A)   If ambiguity arises concerning the appropriate classification of a particular use with the meaning and intent of this chapter, or with respect to matters of height, yard requirements, area requirements or zone boundaries, as set forth herein and as they pertain to unforeseen circumstances, including technological changes in processing of materials, it shall be the duty of the Planning Commission to ascertain all pertinent facts and by resolution set forth its findings and its interpretations, and therefore such interpretations shall govern.
   (B)   The provisions of §§ 153.180 through 153.185 shall not apply to poles, lines, or other structures or facilities used or usable by any irrigation district or public utilities company, solely for the purpose of producing, transmission and/or distribution of electricity, signal or communication circuits and shall not be construed to limit or interfere with the installation, maintenance and operation of public utility pipelines, and electric or telephone transmission lines or railroads when located in accordance with the applicable rules and regulations of the Public Utilities Commission of the State of California within rights-of-way, easements, franchise, or ownership of such public utilities.
   (C)   Accessory buildings appurtenant to a permitted use shall be allowed only when constructed concurrent with or subsequent to the main buildings.
(`67 Code, § 10-13-1)

§ 153.181 HEIGHT LIMITS.

   Chimneys, communication towers, mechanical appurtenance, monuments, spires, campaniles, public and quasi-public buildings may be permitted in excess of height limits for the various districts, provided, use permit shall first be obtained in each case. Flag poles are permitted without height limitations and conventional television antennas, not over 60 feet in height, are permitted in all districts. Trees in excess of three feet in height are permitted in any required front yard or side yard of a corner lot, provided that the branches, at maturity, are not closer than eight feet to the ground.
(`67 Code, § 10-13-2)

§ 153.182 BUILDING SITE AREA.

   Lots of less than the minimum required area, width, or depth in any district which are of record at the time of adoption of the code, such lot shall be deemed to have complied with the minimum required lot area, width and depth as set forth in any such district or precise plan. On any substandard lot the minimum yard requirements of the district in which it is located still apply.
(`67 Code, § 10-13-3)

§ 153.183 YARDS.

   (A)   For the purpose of computing front yard dimensions the measurements shall be taken from the nearest point of the front wall of the building to the street line, provided, however, that if an official plan line has been established for the street, the measurement shall be taken from the point of building to such official plan line, except that certain architectural features hereinafter shall not be considered in making such measurements, to wit:
      (1)   Cornices, canopies, coves, or other architectural features may extend into any required yard a distance not to exceed three feet.
      (2)   Fire escapes, landing places and uncovered porches may extend into the required yard a distance not to exceed six feet but in no case may they be so located that access to the rear of the property is impaired.
      (3)   Solid fences, hedges and screen planting not to exceed three feet in height may extend to the property line in the front yard.
      (4)   Solid fences, hedges, and screen planting may be established or permitted to grow in any side or rear yard to the height allowed in the zoning district in which the property is located.
      (5)   Fireplaces may extend into any required yard a distance not to exceed two feet.
   (B)   Notwithstanding the minimum front and side yard requirements for the various districts, as provided in this chapter, no structure (excluding, however, open wire fences, electroliers without attached advertising signs, utility poles, solid fences or screen planting not more than three feet in height, and trees in excess of three feet in height, provided that the branches at maturity are not closer than eight feet to the ground) shall be located closer to the highway center line than as indicated, on the following specified highways:
      (1)   Patterson Road, from the westerly city limits to its intersection with Callander Avenue: 75 feet. The right-of-way on the section of Patterson Road shall be 110 feet.
      (2)   Callander Avenue, from its intersection with Patterson Road to its intersection with Atchison Street: 70 feet. The right-of-way on the section of Callander Avenue shall be 100 feet.
      (3)   Claus Road: 70 feet. The right-of-way for Claus Road shall be 50 feet. Where a specific plan line has been established it shall be used as the ultimate right-of-way.
      (4)   That portion of Roselle Avenue which is presently in the city limits: 53 feet. The right-of-way for the portion of Roselle Avenue which is now in the city limits shall be 66 feet. The HIGHWAY CENTER LINE, as that phrase is used in this subsection, refers to the following described center line:
   COMMENCING at the quarter section corner common to Section 25 and Section 26, Township 2 South, Range 11 East, Mount Diablo Meridian, thence easterly along the center line of Patterson Road, a distance of three feet to the proposed center line of Roselle Avenue, the point being the true point of beginning of this description.
   Thence South 0° 12' West parallel to and 3 feet at right angles to the westerly line of Section 25 a distance of 1854.00 feet more or less to the existing city limits (1974) of the city.
(Ord. 87-11, passed 7-27-87)
   (C)   No mechanical equipment, including pool equipment, that is permanently fixed shall be permitted to occupy any of the required setback areas.
(Ord. 88-14, passed 11-28-88)
   (D)   Minimum setbacks for multi-family buildings, commercial uses and industrial uses shall be as follows:
      (1)   The minimum setback of a building adjacent to a public right-of-way shall be 15 feet and shall be determined by a 60° vertical angle beginning at the edge of the right-of-way and extending onto the property, as illustrated in the following table.
      (2)   The minimum setback of a building from a property line shall be 15 feet and shall be determined by a 60° vertical angle beginning at the property line and extending onto the property, as illustrated in the following table.
      (3)   The minimum setback of a building adjacent to residential districts shall be 25 feet and shall be determined by a 60° vertical angle beginning at the property line and extending onto the property, as illustrated in the following table. In determining the height of the building for the purpose of this section, the level of the ground shall be deemed to be the level of the ground of the adjacent residential district. (Please note that additional setbacks are required for the height of the building when adjacent to residential areas.)
MINIMUM SETBACKS
BASED ON 60-DEGREE ANGLE
(in feet)
Minimum Setback
Building Height
Minimum Setback
When Adjacent to Residential Zone
MINIMUM SETBACKS
BASED ON 60-DEGREE ANGLE
(in feet)
Minimum Setback
Building Height
Minimum Setback
When Adjacent to Residential Zone
0-25
15.0
25.0
26
15.5
25.5
27
16.0
26.0
28
16.5
26.5
29
17.0
27.0
30
18.0
28.0
31
18.5
28.5
32
19.0
29.0
33
19.5
29.5
34
20.0
30.0
35
20.5
30.5
36
21.0
31.0
37
22.0
32.0
38
22.5
32.5
39
23.0
33.0
40
23.5
33.5
41
24.0
34.0
42
24.5
34.5
43
25.0
35.0
44
26.0
36.0
45
26.5
36.5
46
27.0
37.0
47
28.0
38.0
48
28.5
38.5
   
MINIMUM SETBACKS
BASED ON 60-DEGREE ANGLE
(in feet)
Minimum Setback
Building Height
Minimum Setback
When Adjacent to Residential Zone
MINIMUM SETBACKS
BASED ON 60-DEGREE ANGLE
(in feet)
Minimum Setback
Building Height
Minimum Setback
When Adjacent to Residential Zone
49
29.0
39.0
50
30.0
40.0
51
30.5
40.5
52
31.0
41.0
53
31.5
41.5
54
32.0
42.0
55
33.0
43.0
56
33.5
43.5
57
34.0
44.0
58
34.5
44.5
59
35.0
45.0
60
36.0
46.0
(`67 Code, § 10-13-4) (Ord. 90-01, passed 1-22-90)

§ 153.184 OFF-STREET PARKING REQUIREMENTS.

   (A)   Churches, lodges, and places of public assembly. One space for every three fixed seats, or for every three persons allowed under the maximum capacity established by the Fire Warden where there are no fixed seats, in the main place of assembly.
(Ord. 87-11, passed 7-27-87)
   (B)   Dwellings.
      (1)   Single-family and manufactured housing, financed by FmHA, one one-car garage of the maximum size permitted by FmHA and one additional off-street parking space which may be located adjacent to the driveway.
      (2)   Single-family dwelling and manufactured housing, a two-car garage, with a minimum clear width of 18 feet and a clear depth of 19 feet six inches in the direction of travel, must be provided. No appliances or other objects may intrude into the garage space area.
      (3)   Single-family dwelling built prior to January 1, 1990, one one-car garage may be constructed if there is inadequate area for a two-car garage. This provision would not apply to garage conversions or other requirements of this section.
(Ord. 92-17, passed 12-14-92)
      (4)   Two-family dwelling, duplex or multiple dwelling: may be covered or uncovered.
         (a)   Zero to one bedroom – one onsite parking space;
         (b)   Two to three bedrooms – one and one half onsite parking spaces; and
         (c)   Four or more bedrooms – two and one half onsite parking spaces.
      (5)   Rooming or boarding house: one space for every 300 square feet of ground floor area. Spaces inside a garage may be counted toward meeting the requirement.
(Ord. 2000-05, passed 4-24-00)
   (C)   Garage and repair shops. One space for every 300 square feet of gross floor area.
(Ord. 88-14, passed 11-28-88)
   (D)   Hospital. One and one-half spaces for each bed.
   (E)   Manufacturing or assembly plants and wholesale warehouses. One space for each employee on a maximum shift plus three additional spaces or, when the number of employees cannot be determined, one space for every 300 square feet of gross floor area.
   (F)   Mobile home parks. Two spaces for each mobile home space plus one visitor parking space for every five mobile home spaces. Excluding visitor parking, the spaces may be constructed in tandem.
   (G)   Mortuaries. One space for every five seats, or one space for every 35 square feet in assembly rooms where seating is not fixed.
   (H)   Motels and hotels. One space for each sleeping room or dwelling unit.
   (I)   Office buildings.
      (1)   Banks and financial institutions. One space for every 300 square feet of gross floor area.
      (2)   General business and professional offices. One space for every 300 square feet of gross floor area.
      (3)   Medical-dental offices and clinics. One space per doctor and each employee, plus one space per individual examining room or one space for every 100 square feet of gross floor area where the number of examining rooms is unknown.
   (J)   Recreational uses.
      (1)   Bowling alleys. Five spaces per lane.
      (2)   Dance hall and amusement centers. Twenty five spaces per 1,000 square feet of gross floor area.
      (3)   Stadiums and theaters. One space for every three seats.
   (K)   Restaurants and bars. One space per three seats plus any additional spaces as prescribed by the Community Development Director. This division is subject to appeal to the City Council and Planning Commission.
   (L)   Rest home or nursing home. One space for each employee on a maximum shift plus one space for every eight beds.
   (M)   Retail stores and service establishments.
      (1)   Community and regional shopping center. Eight spaces per 1,000 square feet of gross floor area and one off-street truck unloading space for each 7,500 square feet of gross floor area.
      (2)   Flea markets. Eight spaces per 1,000 square feet of indoor or outdoor sales area.
      (3)   Vehicles sales establishment. One space for each employee on a maximum shift plus one customer parking space per every 20 vehicles for sale.
      (4)   All other retail store and service establishments. One space for every 300 square feet of gross floor area and one off-street truck unloading space for each 7,500 square feet of gross floor area.
   (N)   Schools.
      (1)   Elementary. Two paces for each classroom.
      (2)   High school and trade school. One space for every five seats.
      (3)   Colleges. One space for every three seats.
   (O)   Combined uses. The number of required spaces shall be determined by combining individual requirements for each use.
   (P)   Other uses. All other uses not set forth above shall be determined by the Planning Commission based on the intensity of use by motor vehicles.
   (Q)   Location. No required off-street parking spaces shall be located within the building setback area or any required yard space, nor shall the spaces be allowed in tandem.
   (R)   Commercial spaces. All commercial and other parking spaces shall be located within 300 feet of the use which they are to serve.
   (S)   Existing buildings. None of the off-street parking requirements shall apply to any building in existence at the time of the effective date of this chapter, provided that changes in use of the building do not increase demand for spaces and provided that any portion of the premises being used for off-street parking in connection with any such building shall not be reduced below the requirements of this section.
   (T)   Paving and marking. All required parking spaces shall be paved and, with the exception of spaces provided in a garage, all spaces shall be marked.
   (U)   Recreational vehicles. Recreational vehicles, as described in this chapter, may be parked on private property within any zoning district within the city so long as they do not create safety or sight clearance hazard for traffic on abutting streets, sidewalks or alleys and shall not be stored within the front yard area, excluding driveways.
      (1)   Residents may apply and be issued (no fee) permits, by officers of the Riverbank Police Services Division, for guests to stay in recreation vehicles parked on their property for a period not to exceed seven consecutive days. Written permission of the property owner of record is required prior to issuance of a temporary permit.
      (2)   Recreation vehicles, parked on private property, are prohibited from being used as living quarters except as provided above or when parked in approved licensed recreation vehicle parks.
   (V)   Access. All parking spaces shall be accessible by paved driveways, alleys, or streets. If parking spaces are to be entered or exited by means of an alley, the alley shall be paved the entire width of the lot and from the lot to the nearest paved, public right-of-way.
(‘67 Code, § 10-13-15) (Ord. 87-11, passed 7-27-87; Am. Ord. 2002-006, passed 8-26-02; Am. Res. 2003-019, passed 2-24-03; Am. Ord. 2017-010, passed 10-24-17)

§ 153.185 AFFORDABLE HOUSING DENSITY BONUS.

   (A)   Purpose. The purpose of the affordable housing density bonus is to:
      (1)   Establish procedures and criteria for use in the consideration of density bonuses for lower income housing development as defined in Section 65915 of the California Government Code;
      (2)   Establish procedures for requesting developer incentives or concessions for the production of housing units and child care facilities as prescribed in Section 65915 of the California Government Code; and
      (3)   Provide a significant contribution to the economic feasibility of lower income housing in proposed housing developments.
   (B)   General provisions. The criteria and procedures set forth in Section 65915 of the California Government Code shall be applied to requests for density bonuses for affordable housing unless amended in this section.
   (C)   Application procedures. The application for a density bonus, incentive or concession shall be submitted with the first application for approval of a housing development and shall be processed concurrently with any other planning permit required for the housing development. The application shall be submitted on form and contain such information and support data as prescribed by the Community Development Director. The application shall contain sufficient information to make the required determinations and findings defined in Section 65915 of the California Government Code.
   (D)   Fees. The City Council shall set for the amount of the fees for the application required and authorized in this section.
(Ord. 2015-003, passed 2-24-15)