Chapter 17.280 — AMENDMENTS AND CHANGE OF ZONE

Amendments to this title shall be made in accordance with the procedure set forth in Chapter 4 of the Planning and Zoning Law, (California Government Code, Section 65800, et seq.) as now enacted or hereafter amended, and with the requirements of this title. An amendment to this title may be initiated by either the planning commission or the board of supervisors.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 20.1)

A.

The owner of real property, or a person authorized by the owner, shall have the right to request that the county consider a change in the zoning classification that has been applied to his or her property. The right to request consideration of zone change does not imply that the change will be approved.

B.

Applications shall be made to the planning commission on forms provided by the planning department, shall supply all required information, and shall be accompanied by the filing fee set forth in county Ordinance No. 671.

C.

An application of the change of zone shall not be set for a public hearing unless:

1.

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

2.

The requested change of zone is consistent with the Riverside County general plan.

D.

If the planning director determines that a requested change of zone is inconsistent with the Riverside County general plan, the application will not be processed until the general plan is amended and request is consistent with the general plan. The planning director's determination all be made within ten (10) days

after a completed zone change application has been filed with the planning department. A determination that a requested zone change is inconsistent with the general plan may be appealed within ten (10) days after the planning director has mailed or delivered notice of his or her determination to the applicant, in writing, to the planning commission, which shall be accompanied by the filing fee set forth in county Ordinance No. 671. If an appeal is filed, the matter shall be set for a hearing before the planning commission not less than fifteen (15) nor more than forty-five (45) days thereafter and notice of the date of hearing shall be mailed to the appellant. The determination by the planning commission as to consistency with the general plan shall be final; however, it shall not constitute a final decision as to consistency of the proposed zone change with the general plan.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 20.2)

Amendments to this title may be adopted by the board of supervisors in the same manner as any other ordinance, except that whenever an amendment proposes to change property from one zone to another, or to impose, remove or modify any of the following regulations, the amendment shall be adopted in the manner set forth in section 17.280.040:

A.

Regulate the use of buildings, structures and land as between industry, business, residents, open space, including agriculture, recreation, enjoyment or scenic beauty and use of natural resources, and other purposes;

B.

Regulate signs and billboards;

C.

Regulate location, height, bulk, number of stories and size of buildings and structures; the size and use of lots, yards, courts and other open spaces; the percentage of a lot which may be occupied by a building or structure; the intensity of land use;

D.

Establish requirements for off-street parking and loading;

E.

Establish and maintain building setback lines;

F.

Create civic districts around civic centers, public parks, public buildings or public grounds and establish regulations.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 20.3)

Amendments to this title which propose to change property from one zone to another, or to impose, remove or modify any of the regulations set forth in section 17.280.030, shall be adopted in the following manner:

A.

The planning commission shall hold a public hearing on the proposed amendment. Public notice of the hearing shall be given including all the following information:

1.

The time, date and place of the hearing;

2.

A general explanation of the matter to be considered;

3.

A general description of the area affected;

4.

Specification of the type and magnitude of the changes proposed;

5.

The place where copies of the proposed changes may be obtained;

6.

The right to appear and be heard.

B.

Public notice of the hearing shall be given at least ten days prior to the hearing by all the following procedures:

1.

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

2.

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

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;

4.

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;

5.

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

6.

If the number of owners to whom notice would be mailed or delivered pursuant to subdivision (2) through (4) of this subsection 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 in the county at least ten (10) days prior to the hearing;

7.

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

C.

After closing the public hearing the planning commission shall render its decision within a reasonable time and transmit it to the board of supervisors in the form of a written recommendation, which shall contain the reasons for the recommendation and, if the recommendation is to change a zone classification on property, the relationship of the proposed amendment to applicable general and specific plans. A copy of the recommendation shall be filed to the applicant and proof thereof shall be shown on the original transmitted to the board of supervisors. If the planning commission does not reach a decision due to a tie vote, that fact shall be reported to the board of supervisors and the failure to reach a decision shall be deemed a recommendation against the proposed amendment.

D.

Upon receipt of the recommendation of the planning commission, the clerk of the board of supervisors shall take the following action:

1.

If the planning commission has recommended the approval of an amendment to change property from one zone to another, or the approval of an amendment to impose, remove or modify one of the above-listed regulations, the clerk shall set the matter of public hearing before the board of supervisors at the earliest

convenient day, and shall give notice of the time and place of the hearing in the same manner as notice was given of the hearing before the planning commission.

2.

If the planning commission has recommended denial of an amendment to change property from one zone to another, or denial of an amendment to impose, remove or modify one of the above-listed regulations, the planning commission's recommendation shall be filed with the clerk of the board of supervisors, who shall place the decision on the next agenda of the board held five or more days after the clerk receives the decision. The decision of the planning commission is considered final and no action by the board is required unless the applicant files an appeal, accompanied by the fee set forth in county Ordinance No. 671, within ten (10) days after the decision of the planning commission appears on the board's agenda, or the board orders the matter set for public hearing. If the board of supervisors so orders, or if the applicant appeals, the clerk of the board shall set the matter for public hearing before the board of supervisors at the earliest convenient day and shall give notice of the time and place of the hearing in the same manner as is provided for giving notice of the hearing before the planning commission.

E.

After closing the public hearing the board of supervisors shall render its decision within a reasonable time and may approve, modify or disapprove the recommendation of the planning commission; provided, however, that any proposed modification of the planning commission's recommendation not previously considered by the planning commission shall first be referred back to the planning commission for a report and recommendation. The planning commission shall not be required to hold a public hearing thereon, and failure of the planning commission to report within forty (40) days after the reference, or such longer period of time as may be specified by the board of supervisors, shall be deemed to be an approval of the proposed modification.

F.

Any hearing of the planning commission or board of supervisors may be continued from time to time.

(Ord. 348.2670, 1987; Ord. 348.2444, 1985; Ord. 348.2156, 1983; Ord. 348 § 20.3a)

17.280.050 - Interim zoning.

A.

Without following the procedures otherwise required prior to the adoption of a zoning ordinance, the board of supervisors, to protect the public safety, health and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses which may be in conflict with a contemplated general plan, specific plan, or zoning proposal which the board of supervisors, planning commission or the planning department is considering or studying or intends to study within a reasonable time. Such urgency measure shall require a four-fifths vote of the board of supervisors for adoption. Such interim ordinance shall be of no further force and effect forty-five (45) days from the date of adoption thereof; provided, however, that after notice pursuant to California Government Code Section 65090 and public hearing, the board of supervisors may extend such interim ordinance for ten (10) months and fifteen (15) days subsequently extend such interim

ordinance for one year. Any such extension shall also require a four-fifths vote for adoption. No more than the two such extensions may be adopted.

B.

Alternatively, an interim ordinance adopted may by a four-fifths vote following notice pursuant to said Section 65090 and public hearing, in which case it shall be of no further force and effect forty-five (45) days from its date of adoption; provided, however, that after notice pursuant to Section 65090 and public hearing, the board of supervisors may by a four-fifths vote extend such interim ordinance for twenty-two (22) months and fifteen (15) days.

C.

When any interim ordinance has been adopted, every subsequent ordinance adopted pursuant to is section, covering the whole or a part of the same property shall automatically terminate and be of no further force or effect upon the termination of the first such ordinance or any extension thereof as herein provided.

D.

Adoption of an intern ordinance shall be deemed an order of the board of supervisors to the planning commission to initiate a zoning study of the land and that has been placed in the interim zone, which may include the study of other land in the vicinity thereof.

E.

The clerk shall schedule a public hearing before the board to consider an extension of an interim ordinance which shall normally be at its second regular meeting before expiration of the initial forty-five (45) day period and any extension. The clerk shall publish notice ten (10) days before the hearing. This subsection shall not be applied if the effective date of a subsequent permanent zoning ordinance applicable to the same land will have passed before such expiration, or if the interim ordinance, has been repealed, or if the board shall otherwise order.

F.

At or before the public hearing on the proposed extension, and at least ten (10) days prior to the expiration of the interim ordinance or any extension, the planning director shall make a written report to the board of supervisors on the status of the zoning study. The report shall describe the measures taken to alleviate the condition which lead to the adoption of the ordinance.

G.

The prohibition of uses by interim ordinance may in whole or part be imposed by applying on an interim basis one or more of the zoning designations provided for by this title by reference to the applicable zoning symbols preceded by "I-" or to the title of a zoning classification preceded by "Interim".

H.

Whenever any area is placed in an interim zone, that area is subject to all of the provisions of this title, including its penalty provisions, applicable to the zone in which it has been placed. For the period of time

that the interim zoning ordinance is in effect the permanent zoning is deemed superseded, but upon expiration thereof, the permanent zoning shall again be in full force and effect unless it has been previously repealed or superseded by new permanent zoning.

(Ord. 348.2444, 1985; Ord. 348.2156, 1983; Ord. 348.2088, 1982; Ord. 348.1908, 1981; Ord. 348.1855, 1980; Ord. 348.1785, 1980; Ord. 348.1658, 1978; Ord. 348.1540, 1977; Ord. 348.1283, 1977; Ord. 348.1173, 1973; Ord. 348.1023, 1972; Ord. 348.783, 1970; Ord. 348.531, 1967; Ord. 348.506, 1967; Ord. 348 § 20.4)

Chapter 17.284 - ENCROACHMENT PERMITS

Sections:

Subject to the control of the board of supervisors, there is delegated to the general manager-chief engineer the administration of the use of district facilities, right-of-way and/or easements for excavation, connections and other types of encroachments, and the issuance, modification and revocation of permits for such uses, along with the establishment of a deposit based fee (DBF) schedule for district services.

(Ord. 19 § 1, 2004: Ord. 18 § 1, 2004)

No person, including firms, corporations, public districts, public agencies or political subdivisions, shall make any excavation in, or construct, install or maintain any improvement, structure, utility or encroachment in, on, over or under any district facility, right-of-way or easement thereof, without first obtaining from the district general manager-chief engineer a permit therefor, or maintain the same without such permit or in violation of the terms or conditions thereof. Such a permit shall be issued by the district general manager-chief engineer only upon written application therefor, and payment of the required fee or fees. Such permit shall be issued only if the applicant is a public utility holding a current franchise from the county of Riverside, or a public district, public utility or public service agency having lawful authority for the purpose specified, or a developer whose development has been approved by the flood control district, county of Riverside, or city with jurisdiction, or the owner of an easement for such purpose within the district's right-of-way and/or easement, or if the general manager-chief engineer is satisfied that the use proposed is in the public interest and that there will be no substantial injury to district facilities or impairment of its use as the result thereof, and that the use is reasonably necessary for the performance of the functions of the applicant. Every such permit shall be revocable and the uses and installations thereunder shall be subordinate to any prior right of the district to use the right-of-way and/or easement for public drainage purposes. Every such permit shall be subject to such conditions as the district general manager-chief engineer determines are necessary to assure the safety of the public and the restoration of the right-of-way and/or easement. If any permittee shall fail to refill any excavation or to restore the district's right-of-way or easement to its same condition as prior to the permitted work, the district general manager-chief engineer shall have the right to perform said work and collect in the name of the district the cost thereof.

(Ord. 19 § 2, 2004: Ord. 18 § 2, 2004)

The filing fee for each of the permits subject to this chapter shall be five hundred dollars ($500.00), with the exception of a permit for access to adjacent properties which shall be two hundred fifty dollars ($250.00). This fee, which is for the preparation of the permit and includes research and plan check, is nonrefundable and will be deducted from the initial deposit. District shall draw against the remaining deposited funds for inspection and related services performed. If the initial deposit should be depleted, the 2nd deposit shall be made prior to continuing work under the subject permit.

(Ord. 19 § 3, 2004: Ord. 18 § 3, 2004)

The initial deposit for filing required by this chapter shall be paid at the time the application is filed. Additional deposits (if required) shall be paid prior to continuing to work under the subject permit. Said deposits for permits shall be as follows:

• Major Construction Encroachment Permits may be required to deposit a greater amount if it is determined by the General Manager-Chief Engineer that the project is large enough and that the standard three thousand dollars ($3,000.00) deposit will not be sufficient to complete the review of the project, compliance

with CEQA, issuance of the encroachment permit and inspection of work to be performed under said encroachment permit.

(Ord. 19 § 4, 2004: Ord. 18 § 4, 2004)

Work commencing prior to obtaining permit authorization will pay a one thousand dollar ($1,000.00) penalty (non-refundable) in addition to other fees which will be required as stipulated herein. (No public entity applicant shall be liable for payment of the penalties set forth herein.)

(Ord. 19 § 5, 2004: Ord. 18 § 5, 2004)

Once a project is finished and the final inspection is completed, a notice of completion will be prepared and all unused funds in the applicant's account will be refunded within sixty (60) days.

(Ord. 19 § 6, 2004: Ord. 18 § 6, 2004)

Chapter 17.288 - METAL SHIPPING CONTAINERS

Sections:

The board of supervisors has enacted the following provisions to establish minimum development standards for the placement of metal shipping containers within the unincorporated areas of Riverside County. These standards are designed to enhance the aesthetic appearance of the community, preserve property values and protect health, safety and welfare.

(Ord. 348.4481 § 18.50 (part), 2008)

(Ord No. 348.4856, § 1, 7-25-2015)

17.288.020 - Permitted zoning and development standards.

Placement of metal shipping containers shall be subject to the following limitations:

A.

Metal shipping containers shall not be allowed as a principal use in any zone.

B.

Metal shipping containers shall be an accessory use for storage and shall not be used for habitable space.

C.

Except as otherwise provided, metal shipping containers shall be allowed in all zones on a temporary basis during construction, grading operations or agricultural operations when utilized solely for the storage of supplies and equipment that are used for the construction, grading or agricultural operations on that site.

D.

In commercial and industrial zones, placement of metal shipping containers as an accessory use is permitted provided a plot plan has been approved pursuant to the provisions of Chapter 17.216 of this title or the placement of metal shipping containers has been approved as part of an approved plot plan, conditional use permit or public use permit.

E.

Except as otherwise provided in section 17.288.020 B., C., and E., the placement of metal shipping containers shall be allowed in all zones as an accessory use subject to the following development standards:

1.

No more than one metal shipping container is allowed on lots one gross acre or greater but less than two gross acres.

2.

No more than two metal shipping containers are allowed on lots two gross acres or greater but less than five gross acres.

3.

No more than three metal shipping containers are allowed on lots five gross acres or greater but less than ten (10) gross acres.

4.

No more than five metal shipping containers are allowed on lots ten (10) gross acres or greater.

5.

The size of a metal shipping container shall not exceed forty (40) feet (length) by ten (10) feet (width) by ten (10) feet (height) and the storage area shall not exceed four hundred (400) square feet.

6.

No metal shipping container shall be placed on the top of another metal shipping container.

7.

A principal building, dwelling unit or agricultural operation shall be located on the lot.

Placement shall be to the rear of the principal building or dwelling unit on the rear half of the lot.

9.

Metal shipping containers shall be painted a neutral earth-tone color or a color consistent with the principal building or dwelling unit.

10.

The minimum side and rear setback shall be twenty-five (25) feet for lots one gross acre or greater but less than two gross acres.

11.

The minimum side and rear setback shall be fifty (50) feet for lots two gross acres or greater.

12.

The minimum side and rear setback shall be fifty (50) feet for lots two gross acres or greater.

13.

Metal shipping containers shall not be located within an area that includes sensitive habitat, biological resources or historical resources.

F.

The quantity of metal shipping containers may exceed the amount set forth in section 17.288.020 E. provided a plot plan has been approved pursuant to the provisions of chapter 17.216 of this title or the placement of metal shipping containers has been approved as part of an approved plot plan, conditional use permit or public use permit.

(Ord. 348.4481 § 18.50 (part), 2008)

(Ord No. 348.4856, § 1, 7-25-2015)

The provisions of this section shall not apply in the A-2, A-P or A-D zones or to lots ten (10) gross acres or greater located in the A-1 zone, and the placement of metal shipping containers shall be permitted in these zones and on these lots in the A-1 zone.

(Ord. 348.4481 § 18.50 (part), 2008)

(Ord No. 348.4856, § 1, 7-25-2015)

Chapter 17.290 - PAROLEE-PROBATIONER HOMES

In addition to the application requirements of chapter 17.200 of this ordinance, an application for a conditional use permit for a parolee-probationer home shall include the following information:

1.

Client profile (the subgroup of the population the parolee-probationer home is intended to serve).

2.

Maximum number of occupants and hours of parolee-probationer home operation.

3.

Term of client stay.

4.

Support services to be provided on-site and projected staffing levels.

5.

Business operations plan, including, but not limited to the rules of conduct.

6.

Such additional information as shall be required by the planning director.

(Ord. No. 348.4744, § 6a., 6-19-2012)

Where a parolee-probationer home is conditionally permitted in a zone, the parolee-probationer home shall be subject to the following requirements. These requirements are in addition to the development standards and requirements of the applicable zone.

1.

The use shall be compatible with neighboring uses.

2.

The use shall not result in harm to the health, safety or general welfare of the surrounding neighborhood and substantial adverse impacts on adjoining properties or land uses will not result.

3.

Any parolee-probationer homes shall be located near ready access to public transportation, such as bus, light rail transit, bicycle and carpool programs, and shall be accessible to necessary support services.

4.

To avoid over-concentration of parolee-probationer homes, there shall be a two thousand (2,000) feet separation requirement between parolee-probationer homes.

5.

A parolee-probationer home shall not be located within two thousand (2,000) feet of any of the following: a child day care center, a public or private school, a public or private school bus stop, a park, a public library, a public swimming or wading pool, a commercial establishment that has an on-site or adjacent children's playground, or a place where classes or group activities for children are held, any other group housing, assisted living facility, emergency shelter, supportive housing or transitional housing development.

6.

The parolee-probationer home shall be compatible with the character of the surrounding neighborhood.

7.

Sufficient on-site parking shall be provided. The precise number of parking spaces required will be determined based upon the operating characteristics of the specific parolee-probationer home.

8.

Both indoor and outdoor common areas shall be provided on site.

9.

On-site staff supervision shall be required during all hours of the parolee-probationer home operation.

(Ord. No. 348.4744, § 6b., 6-19-2012)

In addition to any other requirements of chapter 17.200 of this ordinance, all owners of real property which is located within one thousand (1,000) feet of the exterior boundaries of the subject property on which the parolee-probationer home is proposed, as such owners are shown on the last equalized assessment roll and any update, shall be notified of the proposed conditional use permit and any public hearing on the proposed parolee-probationer home.

(Ord. No. 348.4744, § 6c., 6-19-2012)

1.

Any existing unpermitted parolee-probationer home that has not complied with these requirements is in violation of this ordinance and is subject to appropriate enforcement, legal procedures and penalties.

2.

An existing facility, established pursuant to an active discretionary permit approved under this ordinance prior to the effective date of Ordinance No. 348.4744, which would now qualify as a parolee-probationer

home as defined by this Ordinance shall not be subject to complying with the development standards of this Section. However, any change in operating conditions from what was originally approved and imposed by the county, including, but not limited to, the number of occupants, residents, parolees-probationers, change in size of facility or any modifications to the conditions of approval pursuant to the required discretionary permit shall require the immediate submittal of an application for a revised permit. In all circumstances under this subsection, the application for a revised permit shall be approved, conditionally approved or disapproved in accordance with the procedures for processing a conditional use permit, including any requirements for public hearing, notice of hearing, and all rights of appeal.

(Ord. No. 348.4744, § 6d., 6-19-2012)

An existing parolee-probationer home established pursuant to any permit discontinued or that discontinues operations for one year or more is deemed abandoned. Any subsequent establishment of a paroleeprobationer home at the same location shall be required to first obtain a new conditional use permit.

(Ord. No. 348.4744, § 6e., 6-19-2012)