Chapter 17.192 — PERMIT APPLICATIONS

Chapter 17.192 - PERMIT APPLICATIONS[[14]]

Sections:

Footnotes:

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Prior ordinance history: Ord. 348.3770, 1995; Ord. 348.3727, 1995; Ord. 348.2670, 1987; Ord. 348.2430, 1985; Ord. 348.2338, 1984; Ord. 348.2156, 1983; Ord. 348.2104, 1982.

The following procedures shall apply to applications for any permit or variance described herein unless otherwise specified.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.26)

Permit applications shall be filed with the planning director, accompanied by the fees as set forth in county Ordinance No. 671, in accordance with the provisions of the ordinance for the type of permit requested.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.26(a))

17.192.030 - Hearing to be set when.

A public hearing upon an application shall be set before the appropriate hearing body when:

A.

The planning director has determined that the application complies with all ordinance requirements; and

B.

All procedures required by Riverside County Rules Implementing the California Environmental Quality Act to hear a matter have been completed.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.26(b))

Notice of time, date and place of the hearing, the identity of the hearing body and a general description of the location of the real property, which is the subject of the hearing, shall be given at least ten (10) days prior to the hearing by all of the following procedures:

A.

Publication once in a newspaper of general circulation in the county;

B.

Mailing or delivering to the owner of the subject real property or the owner's duly authorized agent, and to the project applicant;

C.

Mailing or delivering to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project whose ability to provide those facilities and services may be significantly affected;

D.

Mailing or delivering to all owners of real property which is located within three hundred (300) feet of the exterior boundaries of the subject property, as such owners are shown on the last equalized assessment roll and any update;

E.

Mailing by first class mail to any person who has filed a written request with the planning department and has provided the department with a self-addressed stamped envelope for that purpose;

F.

If the number of owners to whom notice would be mailed or delivered pursuant to subsections A or D of this section is greater than one thousand (1,000), in lieu of mailed or delivered notice, notice may be provided by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation at least ten (10) days prior to hearing;

G.

The planning director may require that additional notice of the hearing be given in any other manner he or she deems necessary or desirable.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.26(c))

The chairperson may require that witnesses be sworn.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.26(d))

The hearing body or officer shall hear relevant testimony from interested persons and make its decision within a reasonable time after the close of the public hearing. A notice of the decision shall be mailed to the applicant and to any person who has made a written request for a copy of the decision. In a reasonable time the planning director shall report to the board of supervisors all final decisions made at a public hearing either at planning commission or by the planning director or the planning director's designee. The planning director shall report in the same way on the inability of the planning commission to make a decision on a public hearing item, which shall be considered a denial of the application.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.26(e))

(Ord. No. 348.4947, § 3, 3-2-2021)

The decision of the hearing body is considered final and no action by the board of supervisors is required unless, within ten (10) calendar days from the date of the decision, either: an appeal therefrom is filed, accompanied by the fee set forth in County Ordinance No. 671, with the clerk of the board; or a member of the board of supervisors submits a request to the planning director that the decision be set for public hearing before the board of supervisors. The clerk of the board shall set the matter for public hearing before the board not less than thirteen (13) nor more than sixty (60) days thereafter and shall give notice of the time and place of the public hearing in the same manner as notice was given of the public hearing before the hearing body.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.26(f))

(Ord. No. 348.4947, § 4, 3-2-2021)

The board of supervisors shall hear the matter de novo; however, the documents and the minutes of the hearing before the hearing body shall be a part of the board's record at its hearing on the matter. The board shall hear relevant testimony from interested persons and within a reasonable time after the close of the hearing, make its decision sustaining, reversing or modifying the decision of the hearing body.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.26(g))

17.192.090 - Hearing transcripts.

A.

Whenever any person desires to obtain a transcript of the oral proceedings of a public hearing before the board of supervisors, planning commission or the East Area planning council, or desires to have a record made of such proceedings, he or she shall, not less than seven days before the hearing, notify in writing the clerk of the board, if the hearing is before the board, or the secretary of the planning commission if the hearing is before the planning commission or the East Area planning council. The written request shall be accompanied by a deposit of a sum equal to one day's fee for a court reporter. The clerk or secretary shall thereupon arrange to have a court reporter present at the hearing. If the hearing is thereafter continued to another day, a like request, deposit an arrangement for a court report shall be made, if the record is desired. Such a person may directly arrange for attendance and payment of a court reporter instead of making such arrangements through the clerk of secretary by the person desiring the same.

B.

Whenever any person desires to obtain a clerk's transcript of the documents involved in a proceeding before the board of supervisors, the planning commission or East Area planning council, he or she shall make a written request to the clerk of the board, if the matter is before the board of supervisors or to the secretary of the planning commission, if the matter is before the planning commission, or the East Area planning council. The clerk or secretary shall determine the number of pages involved and require payment in advance for the transcript at the current rate.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.26(h))

The following procedures shall apply to applications for any permit or approval included in a fast track project as defined in Section 17.04.120 of this chapter:

A.

Authority of board of supervisors. Notwithstanding any other provision of this chapter, County Ordinance No. 460, or County Ordinance No. 555, the Board of Supervisors hereby deems it appropriate and necessary to reserve to itself the functions of the planning agency with respect to hearing any permit or approval included in a fast track project. The board of supervisors shall have exclusive authority to hear, approve, conditionally approve or disapprove any permit or approval included in a fast track project. Notwithstanding any other provision of this chapter, County Ordinance No. 460, or County Ordinance No. 555, no hearing before the planning commission or the planning director shall be required with respect to any permit or approval included in a fast track project.

B.

Applications. The application for each permit or approval included in a fast track project shall be filed with the planning director, shall include all information required by the applicable ordinance for the type of permit or approval, and shall be accompanied by the fees set forth in County Ordinance No. 671 for the type of permit or approval.

C.

Initiation of general plan amendment proceedings. Whenever a fast track project includes an application for a general plan amendment, the planning director shall process the general plan amendment application in accordance with all of the applicable procedures for the initiation of general plan amendment proceedings set forth in Chapter 17.08 of this chapter.

D.

Setting for hearing. Unless otherwise ordered by the board of supervisors, the applications for all permits and approvals included in a fast track project shall be heard concurrently in a single consolidated hearing before the board of supervisors. The planning director shall set for hearing the applications for all permits and approvals included in a fast track project when he has determined that all such applications comply with all ordinance requirements.

E.

Notice of hearing. The board of supervisors shall hold a public hearing on all applications for permits and approvals included in the fast track project. Notice of the hearing shall be given as provided in Section 17.04.060 and Section 17.04.070 of this chapter.

F.

Administration of oaths. The chairman of the board of supervisors may require that witnesses at the public hearing be sworn.

G.

Hearing and decision. The board of supervisors shall hear relevant testimony from all interested persons and make its decision within a reasonable time after the close of the public hearing. The board of supervisors may approve, conditionally approve or disapprove each application for a permit or approval included in the fast track project. The decision with respect to each application for a permit or approval included in the fast track project shall be in the form required by ordinance for that type of permit or approval. Within ten (10) business days of the decision, the clerk of the board of supervisors shall prepare and transmit notice of the decision to the planning director, the assistant county executive officer/economic development agency (the EDA director), the applicant, and any person who has submitted a written request for notice of the decision.

H.

Transcripts.

1.

Whenever any person desires to obtain a transcript of the oral proceedings of a public hearing before the board of supervisors or desires to have a record made of such proceedings, he shall, not less than seven days before the hearing, notify in writing the clerk of the board. The written request shall be accompanied by a deposit of a sum equal to one day's fee for a court reporter. The clerk shall thereupon arrange to have a court reporter present at the hearing. If the hearing is thereafter continued to another day, a like request, deposit and arrangement for a court reporter shall be made;sub, if the record is desired. Alternatively, any person may directly arrange for attendance and payment of a court reporter instead of making such arrangements through the clerk.

2.

Whenever any person desires to obtain a transcript of the documents involved in a proceeding before the board of supervisors, he shall make a written request to the clerk of the board. The clerk shall determine the number of pages involved and require payment in advance for the transcript at the current rate.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.26a)

(Ord. 348.4680, § 1, 5-4-2010; Ord. No. 348.4750, § 1, 10-2-2012)

17.192.110 - Development agreement procedures and requirements.

A development agreement shall be subject to the procedures and requirements set forth in Board of Supervisors Resolution No. 2012-047 (Establishing Procedures and Requirements for the Consideration of Development Agreements), as now adopted or hereafter amended.

(Ord. No. 348.4741, § 1, 4-10-2012)