Title 19 — ZONING

ARTICLE I. - ZONING CODE ENACTMENT AND APPLICABILITY Chapter 19.010 - ZONING CODE ENACTMENT

This Title 19 constitutes, and may be referred to as, the Zoning Code of the City of Riverside, or this title.

(Ord. 6966 §1, 2007)

The Zoning Code is enacted based on the authority vested in the City of Riverside and the State of California, including but not limited to: the State Constitution, Planning and Zoning Law (California Government Code Section 65000 et seq.), California Environmental Quality Act (California Public Resources Code Section 21000 et seq.), and the California Health and Safety Code.

(Ord. 6966 §1, 2007)

The Zoning Code, the comprehensive land use and zoning regulations of the City, together with the zoning map, are hereby adopted in conformance with current State planning, zoning, and development laws.

(Ord. 6966 §1, 2007)

Chapter 19.020 - PURPOSE AND SCOPE

The purpose of the Zoning Code is to encourage, classify, designate, regulate, restrict and segregate the highest and best location and use of buildings, structures and land for agriculture, residence, commerce, trade, industry, water conservation or other purposes in appropriate places; to regulate and limit the height, number of stories and size of buildings and other structures hereafter erected or altered; to regulate and determine the size of yards and other open spaces; and, to regulate and limit the density of population and for such purpose to divide the City into zones of such number, shape and area as may be deemed best suited to carry out these regulations and provide for their enforcement. Further, such regulations are deemed necessary to encourage the most appropriate use of land; to conserve and stabilize the value of property; to provide adequate open spaces for light and air and to prevent and fight fires; to prevent undue concentration of population; to lessen congestion on streets; to facilitate adequate provisions for community utilities and facilities such as transportation, water, sewerage, schools, parks and other public facilities; and, to promote the public health, safety and general welfare, all as part of the General Plan of the City.

(Ord. 6966 §1, 2007)

Unless otherwise provided by law, the provisions contained in the Zoning Code shall apply to all real property contained within the corporate limits of the City of Riverside.

(Ord. 6966 §1, 2007)

Chapter 19.030 - RELATIONSHIP TO OTHER PROVISIONS

The provisions of the Zoning Code, as it existed prior to the effective date of Ordinance No. 6966, are repealed and superseded in their entirety as provided in said Ordinance No. 6966. No provision of this title shall validate or legalize any land use or structure established, constructed, or maintained in violation of this title as it existed prior to its repeal by the Ordinance No. 6966.

(Ord. 6966 §1, 2007)

The Zoning Code is intended to provide the legislative framework to implement the goals and policies of the City of Riverside General Plan.

(Ord. 6966 §1, 2007)

When a project is determined to be subject to the provisions of the California Environmental Quality Act (CEQA), the application shall be reviewed in accordance with the provisions of this title, Public Resources Code Section 21000 et seq., Section 15000 et seq. of Title 14 of the California Code of Regulations (the CEQA

Guidelines), and any environmental guidelines or regulations adopted by the City of Riverside.

(Ord. 6966 §1, 2007)

Chapter 19.040 - ZONING CODE APPLICABILITY

The enactment of the Zoning Code shall not terminate nor otherwise affect vested land use development permits, approvals, or agreements authorized under the provisions of any ordinance or resolution, nor shall violation of any prior ordinance or resolution be excused by the adoption of this title.

(Ord. 6966 §1, 2007)

Neither the provisions of the Zoning Code nor the approval of any permit authorized by the Zoning Code shall authorize the maintenance of any public nuisance.

(Ord. 6966 §1, 2007)

It is unlawful and a violation of the Riverside Municipal Code for anyone to use a parcel or structure in a manner that violates any provision of the Zoning Code. However, a land use that was lawfully established before this title was enacted, or before enactment of any applicable amendment to the Zoning Code, may continue. No expansion or modification to a pre-existing legal nonconforming use or structure shall be permitted except as allowed by Chapter 19.080 (Nonconformities) of the Zoning Code. It is the responsibility of the property owner to provide evidence or information to justify or establish nonconforming rights. Enforcement of this section shall be in accordance with Article III (Nonconforming Provisions) of the Zoning Code.

(Ord. 6966 §1, 2007)

Where any conflict occurs between the provisions of the Zoning Code and the provisions of other titles of the Riverside Municipal Code or other regulations adopted by the City, the more restrictive provisions shall apply. Nothing contained in the Zoning Code shall be deemed to repeal or amend any regulation of the City requiring a permit or license or both, nor shall anything in the Zoning Code be deemed to repeal or amend other titles of the Riverside Municipal Code.

(Ord. 6966 §1, 2007)

In the event of any conflict between the requirements of the Zoning Code and standards in an adopted Overlay Zone or Planned Residential Development, the requirements of the Overlay Zone or applicable Planned Residential Development shall govern.

(Ord. 6966 §1, 2007)

In the event of any conflict between the requirements of the Zoning Code and standards in an adopted specific plan, the requirements of the Specific Plan shall govern.

(Ord. 6966 §1, 2007)

In the event of any conflict between the requirements of the Zoning Code and standards in an adopted development agreement, the requirements of the development agreement shall govern.

(Ord. 6966 §1, 2007)

Following the effective date of the Zoning Code, or any amendment of the Zoning Code, regulations of the Zoning Code are applicable to all applications in process, except for any application deemed to have been previously submitted and complete by the Planning Division, in that case the prior Zoning Code regulations, then in effect, shall apply.

(Ord. 6966 §1, 2007)

Nothing in the Zoning Code eliminates the need for obtaining any other permits required by the City, or any permit or approval required by other provisions of the Riverside Municipal Code or the regulations of any City department, including the Riverside Redevelopment Agency, or any county, regional, State, or Federal agency.

(Ord. 6966 §1, 2007)

19.040.100 - Conflicting Permits.

After the effective date of the Zoning Code, or any amendment hereto, all permits for the use of land shall be issued in compliance with the provisions of the Zoning Code. Any permit issued after the effective date of the Zoning Code that conflicts with the provisions of the Zoning Code shall be deemed invalid.

(Ord. 6966 §1, 2007)

Notwithstanding any lawful exemptions to zoning regulations, the provisions of this title, except for the provisions of Chapter 19.570 (Water Efficient Landscaping and Irrigation), shall not apply to any buildings, improvements, lots or premises, owned, leased operated or controlled by the City or any City Project for public purposes by the City of Riverside.

(Ord. 7061 §1, 2009; Ord. 6966 §1, 2007)

19.040.120 - Severability, partial invalidation of Zoning Code.

If any portion of this title is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, such determinations shall not affect the validity of the remaining portions of this title. The City Council hereby declares that this title and each article, section, subsection, paragraph, subparagraph, sentence, clause, phrase and portion thereof is adopted without regard to the fact that one or more portions of this title may be declared invalid, unconstitutional, or unenforceable.

(Ord. 6966 §1, 2007)

ARTICLE II. - ZONING CODE ADMINISTRATION, INTERPRETATION AND ENFORCEMENT Chapter 19.050 - ADMINISTRATIVE RESPONSIBILITY

A.

California Government Code Section 65100 requires each jurisdiction to establish a planning agency to carry out the land use and planning functions of the jurisdiction. The City's Planning Agency is generally the Planning Division. The functions of the Planning Agency, as designated by the Zoning Code, may be carried out by any one of the following, as further defined in this chapter and Zoning Code. In the absence of an assignment, the City Council shall have the Planning Agency responsibility and authority.

1.

City Council

2.

Planning Commission

3.

Community & Economic Development Director

Development Review Committee

Public Works Director

Building Official

Cultural Heritage Board

8.

City Manager

Pursuant to Government Code Section 65105, planning agency personnel, in the performance of their functions, may enter upon any land and make examinations and surveys, provided that the entries, examinations, and surveys do not interfere with the use of the land by those persons lawfully entitled to the possession thereof.

(Ord. 7331 §1, 2016; Ord. 7235 §2, 2013; Ord. 6966 §1, 2007)

19.050.020 - Responsibilities of the City Council.

A.

The City Council shall have the following responsibilities:

Appoint members of the Planning Commission.

2.

Hear and act upon appeals of decisions of the Planning Commission, Development Review Committee or Community & Economic Development Director as applicable, pursuant to Table 19.650.020 - Approving and Appeal Authority in Chapter 19.650 (Approving Authority).

3.

Hear and act upon applications as required by Title 18 - Subdivision Code. In the event that applications for other land use permits are requested in conjunction with these entitlements, the City Council shall also be the final decision-making body for the other land use permits.

4.

Direct planning-related policy amendments and special studies as necessary or desired.

5.

Exercise such other powers and duties as are prescribed by State law or local ordinance.

6.

Initiate amendments to the Zoning Code.

7.

Review and certify environmental documents prepared pursuant to the California Environmental Quality Act (CEQA) pursuant to the City Council adopted CEQA Resolution and any amendments thereto.

(Ord. 7331 §1, 2016; Ord. 6966 §1, 2007)

19.050.030 - Responsibilities of the Planning Commission.

A.

The Planning Commission shall have the power and duties assigned to it pursuant to Article VIII, Section 806 of the City Charter.

B.

The Planning Commission shall have the further responsibilities:

1.

Hear and act on referrals by the Community & Economic Development Director and Development Review Committee.

2.

Hear and act upon applications as indicated in Section 19.650.020 of this title and Section 18.140.040 of the Subdivision Code (Approving and Appeal Authority Tables).

3.

Hear and make recommendations to the City Council on applications or proposals for amendments to the Zoning Code.

4.

As appropriate, initiate studies of amendments to the Zoning Code and General Plan, and make recommendations to the City Council for amendments to the Zoning Code and General Plan.

5.

Review the capital improvement program of the City and the local public works projects of other local agencies within the corporate boundaries of Riverside for their consistency with the City's General Plan, pursuant to Government Code Sections 65401 et. seq.

6.

Exercise all duties previously given to the Board of Administrative Appeals and Zoning Adjustment.

7.

Convene as an Accessibility Appeals Board, which Board shall be comprised of the three persons with disabilities and four members of the Planning Commission.

Exercise such other powers and duties as are prescribed by State law, local ordinance, or as directed by the City Council.

Review and approve environmental documents prepared pursuant to the California Environmental Quality Act (CEQA) pursuant to the City Council adopted CEQA Resolution and any amendments thereto.

10.

Hear and act on Design Review matters pursuant to Chapter 19.710 (Design Review) of this title.

(Ord. 7331 §1, 2016; Ord. 7235 §3, 2013; Ord. 6966 §1, 2007)

19.050.040 - Responsibilities of the Community & Economic Development Director.

A.

The Community & Economic Development Director or his/her designee shall have the responsibility and authority to administer and enforce the Zoning Code as follows:

1.

Maintain the chapters of the Zoning Code, Zoning Map, and all records of zoning actions and interpretations.

2.

Advise the City Council, Planning Commission, Cultural Heritage Board and City Manager on planning matters.

3.

Provide administrative services and staff for meetings of the Planning Commission and Cultural Heritage Board.

4.

Conduct administrative functions authorized by the Zoning Code, including distribution and receipt of permit applications and corresponding fees; application review and public noticing; determination and issuance of administrative permits and approvals as per Table 19.650.020 (Approving and Appeal Authority); and preparation of staff reports with recommendations, proposed findings, and proposed conditions for discretionary and legislative actions by designated planning agencies.

5.

Provide information to the public, and facilitate public participation on planning matters, promote an understanding of the General Plan and the regulations relating to it.

6.

Exercise such other powers and duties as are prescribed by State law, local ordinance, or as directed by the City Council and/or City Manager.

7.

Promote the coordination of local plans and programs with the plans and programs of other public agencies.

8.

Conduct administrative functions authorized by Title 17 (Grading), Title 18 (Subdivision) and Title 20 (Cultural Resources).

9.

Report on the General Plan consistency of Public Works projects, acquisitions, dispositions, etc. pursuant to Government Code Sections 65401 and 65402.

10.

Report on the progress of the implementation of the General Plan on a regular basis.

(Ord. 7331 §1, 2016; Ord. 7235 §4, 2013; Ord. 6966 §1, 2007)

The Development Review Committee shall be 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, including application review and issuance of administrative permits and approvals as per Table 19.650.020 (Approving and Appeal Authority), including the preparation of staff reports and recommendations, with proposed findings and proposed conditions for certain discretionary actions. The Development Review Committee will not collectively vote, nor perform any collective function. Each department and division that is participating in Development Review Committee will retain and exercise its own approval authority in the Development Review Committee process.

(Ord. 7487 § 1, 11-5-2019; Ord. 7331 §1, 2016)

19.050.050 - Responsibilities of the Public Works Director.

The Public Works Director or the authorized designee shall be the City Engineer and shall exercise the powers and duties as provided in the Zoning Code, and any other applicable ordinance of the City.

• (Ord. 7331 §1, 2016; Ord. 6966 §1, 2007)

19.050.060 - Responsibilities of the Building Official.

The Building Official or the authorized designee shall issue building and sign permits in accordance with the provisions of the Zoning Code and any other applicable ordinance of the City.

(Ord. 7331 §1, 2016; Ord. 6966 §1, 2007)

19.050.070 - Responsibilities of the Cultural Heritage Board.

The Cultural Heritage Board shall have the powers and responsibilities established in Title 20 - Cultural Resources of the Riverside Municipal Code.

(Ord. 7331 §1, 2016; Ord. 6966 §1, 2007)

19.050.080 - Creation of the Planning Commission.

Pursuant to Government Code Sections 65101 et seq., Section 806 of the City Charter and Chapter 2.40 of the Municipal Code, the City Council, as the legislative body of the City of Riverside, creates the Planning Commission as follows:

A.

Eligibility for office. A member of the Planning Commission shall be a resident of the City of Riverside. If a member moves his or her residence outside of the City, such member shall automatically be removed from office.

B.

Membership and term. The Planning Commission shall consist of nine members appointed for a term of four years. Alternates may also be appointed by the City Council.

C.

Vacancies. If a member of the Planning Commission is unable or unwilling to complete his or her term, the City Council shall fill the vacancy by appointing a qualified person to serve the remainder of the term.

D.

Removal. Members of the Planning Commission serve at the pleasure of the City Council and may be removed from their position by a vote of a majority of the members of the City Council. No public hearing need be held prior to removal, and no cause for removal need be shown.

E.

Meetings. The Planning Commission shall meet at least once each month on a regularly scheduled time and day, and at such other times as the chairperson deems necessary to perform the duties of the Commission.

F.

Appointment of Officers. The Planning Commission shall elect a chairperson, vice-chairperson, secretary and sergeant-at-arms from among its members at a Commission meeting in March of every year. The chairperson, vice-chairperson, secretary and sergeant-at-arms shall serve at the pleasure of the Commission.

G.

Rules. The Planning Commission shall adopt Rules for the transaction of its business, including rules for the election of officers.

H.

Record of proceedings. The Planning Commission shall maintain summary minutes and a taped recording of its proceedings. The taped recording shall be retained as set forth in the City's record retention policy.

I.

Administrative support. The Community & Economic Development Director or his/her designee shall be responsible for the administration of this section and shall assist the Planning Commission in performing its functions.

(Ord. 7331 §1, 2016; Ord. 7235 §5, 2013; Ord. 6966 §1, 2007)

Chapter 19.060 - INTERPRETATION OF CODE

The purpose of this chapter is to specify the authority and procedures for clarifying any ambiguity in the regulations of the Zoning Code, and to ensure consistent interpretation and application of the Zoning Code.

(Ord. 7331 §2, 2016; Ord. 6966 §1, 2007)

19.060.020 - Applicability and authority for interpretations.

A.

If ambiguity arises concerning the meaning or applicability of any provision of the Zoning Code, the Community & Economic Development Director or his/her designee shall have the responsibility to review pertinent facts, determine the intent of the provision, and to issue an administrative interpretation for the following provisions specified in this chapter:

The development standards applicable to a particular zoning district or use.

Zoning boundaries.

The Community & Economic Development Director or his/her designee shall interpret the phrases "other similar uses," "uses customarily incidental to," etc., as used in the Zoning Code.

B.

An administrative record of all such decisions by the Community & Economic Development Director shall be maintained pursuant to Section 19.060.040 (Records of Interpretations).

C.

Interpretations by the Community & Economic Development Director may be appealed to the Planning Commission, and interpretations of the Planning Commission may be appealed to the City Council pursuant to Chapter 19.680 (Appeals).

(Ord. 7331 §2, 2016; Ord. 6966 §1, 2007)

19.060.030 - Rules and interpretations.

A.

Terminology. When used in the Zoning Code, the following rules apply to all provisions of the Zoning Code:

Language. The words "shall", "must", "will", "is to", and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended, and "may" is permissive.

2.

Tense. The present tense includes the past and future tense, and the future tense includes the present.

Number. The singular number includes the plural number, and the plural the singular, unless the natural construction of the words indicates otherwise.

Conjunctions. "And" indicates that all connected items or provisions shall apply. "Or" indicates that the connected items or provisions may apply singly or in any combination. "Either-or" indicates that the connected items and provisions shall apply singly but not in combination. "Includes" and "including" shall mean "including but not limited to".

5.

Local reference. "City" as used herein means the City of Riverside and all public officials, bodies and agencies referenced herein are those of the City unless otherwise stated.

B.

Number of days. Whenever the number of days is specified in the Zoning Code, or in any permit, condition of approval, or notice issued or given as provided in the Zoning Code, the number of days shall be construed as calendar days. When the last of the specified number of days falls on a weekend or City holiday, time limits shall extend to the end of the next working day.

C.

Minimum requirements. In interpreting and applying the provisions of the Zoning Code, such provisions shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. Where the Zoning Code imposes a greater restriction upon the use of buildings or land or requires larger open spaces than are imposed or required by this Code or other ordinances, rules, regulations or by easements, covenants or agreements, the provisions of the Zoning Code shall control.

D.

Intent. Whenever there is any question regarding the interpretation of the provisions of the Zoning Code or their application to any specific case or situation, the Community & Economic Development Department Director or his/her designee, shall interpret the intent of the Zoning Code. The Community & Economic Development Director or his/her designee shall have the authority to forward to the Planning Commission any question regarding interpretation.

E.

Boundary interpretations. Where uncertainty exists as to the boundary of any zone shown on the Official Zoning Map, the following rules shall apply:

1.

Street, Alley or Lot Lines. Where the indicated zone boundaries are approximately street, alley or lot lines, such lines shall be construed to be the boundaries, otherwise such boundaries shall be determined by use of the scale appearing on the Official Zoning Map, unless specifically indicated by dimensions.

2.

Determination by the Community & Economic Development Director or Planning Commission. Where uncertainty exists, the Community & Economic Development Director or his/her designee may, by written decision, determine the location of the zone boundary or refer such determination to the Planning Commission.

3.

Vacated street or alley. Where a street or alley is officially vacated or abandoned, the zone boundary shall be changed so as to include such vacated or abandoned street or alley in the same zone as the adjoining property to which it reverts.

(Ord. 7743, § 1, 2025; Ord. 7331 §2, 2016; Ord. 6966 §1, 2007)

19.060.040 - Record of interpretations.

A.

Once the Community & Economic Development Director or his/her designee has identified the ambiguity and considered relevant information, an official interpretation shall be established in writing and shall cite the provisions being interpreted, together with an explanation of the meaning or applicability of the provision(s) in the particular or general circumstances that caused the need for interpretation.

B.

Any provision of the Zoning Code determined by the Community & Economic Development Director or his/her designee to be ambiguous pursuant to this chapter shall be clarified by amendment as soon as is practical.

(Ord. 7331 §2, 2016; Ord. 6966 §1, 2007)

19.060.050 - Appeals.

Any aggrieved person or persons may appeal an interpretation of the regulations or Zoning Map. Appeals shall be processed pursuant to Chapter 19.680 (Appeals).

(Ord. 7331 §2, 2016; Ord. 6966 §1, 2007)

Chapter 19.070 - ENFORCEMENT

It shall be the duty of the Code Enforcement Division, Fire Department, Public Works Department, their respective designees, and/or the Police Department of the City, and all officers of the City otherwise charged with the enforcement of the law, to enforce the Zoning Code. Any condition imposed as part of an approved planning case, including but not limited to conditional use permits, minor conditional use permits, and temporary use permits, and any condition imposed by an appropriate decision-making body or authorized Planning Division official shall also be enforceable by the appropriate City officials.

(Ord. 6966 §1, 2007)

For the purposes of this chapter, those persons vested with enforcement authority pursuant to Section 19.070.010 (Enforcement Authority) shall have the power to issue Notices of Violation and field citations, inspect public and private property and use whatever judicial and administrative remedies are available under the Riverside Municipal Code.

(Ord. 6966 §1, 2007)

19.070.030 - Verification of permitted uses.

The City may require, upon reasonable notice, evidence sufficient to establish that a business permittee or other person engaging in a regulated use of land is in compliance with all entitlements. Such evidence may include, but is not limited to, financial records, operating plans, and other verifiable information. Failure to provide the City with required information may be considered evidence of noncompliance.

(Ord. 6966 §1, 2007)

ARTICLE III - NONCONFORMING PROVISIONS Chapter 19.080 - NONCONFORMITIES