Chapter 17.294 — ADDITIONAL RESIDENTIAL ACCOMMODATIONS[[25]]

Sections:

Footnotes:

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Editor's note— Ord. No. 345.4926, § 12, adopted August 25, 2020, repealed the former Ch. 17.294, §§ 17.294.010—17.294.090, and enacted a new Ch. 17.294 as set out herein. The former Ch. 17.294 pertained to Coachella Valley Multiple Owners Mobile Home Housing Overlay Zone and derived from Ord. No. 348.4756, § 1, 5-14-2013.

This chapter establishes requirements and development standards for additional residential accommodations created to augment one-family dwellings or multiple-family dwellings. These requirements and development standards are intended to facilitate the proper development of additional residential accommodations to increase supply and diversity of housing types within the unincorporated areas of Riverside County.

(Ord. No. 348.4926, § 12, 8-25-2020)

This chapter shall not apply to accessory dwelling units or junior accessory dwelling units that meet the requirements set forth in Government Code Section 65852.2(e)(1). Applications for accessory dwelling units or junior accessory dwelling units meeting the requirements of Government Code Section 65852.2(e)(1) shall be approved ministerially, pursuant to the process and requirements set forth in that section. Accessory dwelling units or junior accessory dwelling units that do not meet the requirements set forth in Government Code Section 65852.2(e)(1) shall comply with this chapter.

(Ord. No. 348.4926, § 12, 8-25-2020)

A.

Definitions. For purposes of this chapter, the following are considered additional residential accommodations and defined as follows:

"Accessory dwelling unit (ADU):" A dwelling that includes exterior access and provides complete independent living facilities, including a kitchen and bathroom, which are allowed in addition to a primary dwelling on lots zoned for one-family dwellings or multiple-family dwellings. An ADU may be an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.

"Junior accessory dwelling unit (junior ADU):" A dwelling within a one-family dwelling that includes exterior access and, at a minimum, a cooking area with cooking appliances, food preparation counters, and storage cabinets, all proportional to the size of the dwelling unit. A junior ADU shall either include a self-contained bathroom or share a bathroom with the primary one-family dwelling.

"Second unit:" A one-family dwelling that includes a kitchen and bathroom that is allowed on lots zoned for one-family dwellings and includes an existing primary one-family dwelling. A second unit is not an ADU as defined in this chapter.

"Guest quarter:" A living area dependent on some or all of the primary one-family dwelling's facilities. A guest quarter shall not have a kitchen, but may include a bathroom. A guest quarter is not allowed on lots zoned for multiple-family dwellings.

"Multiple owner group (MOG) unit:" Any type of state-licensed mobilehome or manufactured home installed on or before May 14, 2013 on lots located within the Eastern Coachella Valley, as further defined in this chapter.

"Ranchet unit (ranchet):" Any type of state-licensed mobilehome or manufactured home complying with Health and Safety Code Section 18214(c), as may be amended, installed on lots larger than or equal to two gross acres that includes at least one additional ranchet, and is located within the Eastern Coachella Valley, as further defined in this chapter.

B.

Construction. The construction of additional residential accommodations shall comply with the following:

1.

An attached additional residential accommodation involves the expansion of an existing structure for the purposes of creating new habitable floor area.

2.

A detached additional residential accommodation shall be on the same lot as the primary dwelling but not attached to it or any other structure. Except for guest quarters, a detached additional residential accommodation may be a mobilehome or manufactured home.

3.

An interior additional residential accommodation involves the conversion of or inclusion within the footprint and floor area of an existing or proposed one-family dwelling or associated attached structure, such as a garage, storage area, or similar structure. Limited expansion of an established footprint or floor area is only allowed to provide necessary access to the additional residential accommodation.

4.

An ADU may be an attached, detached or interior additional residential accommodation.

5.

A junior ADU shall be an interior additional residential accommodation within a one-family dwelling or associated attached structure, such as a garage, storage area, or similar structure, but is not allowed within multiple-family dwellings.

6.

A second unit, guest quarter, MOG unit or ranchet shall be a detached additional residential accommodation.

(Ord. No. 348.4926, § 12, 8-25-2020)

A.

Location. Additional residential accommodations are permitted by-right on lots zoned for one-family dwellings or multiple-family dwellings with the following exceptions:

1.

Additional residential accommodations shall not be permitted on lots with a dwelling(s) that does not have all required building permits.

2.

Additional residential accommodations shall not be permitted on lots that are constrained by water availability, water quality or sewage disposal or other public health and safety concerns. Prohibited areas shall include those areas where a development moratorium is imposed because of a moratorium for water or sewer, whether imposed by the county or another public agency with the authority to impose such a development moratorium.

3.

MOG units and ranchets are only permitted within the Eastern Coachella Valley, as further defined in this chapter.

4.

MOG units may be permitted on lots zoned for nonresidential uses if the lot and MOG Units meet the definition of MOG unit as provided in this chapter.

B.

Allowances. The number of attached, detached or interior additional residential accommodations allowed on lots where there is an existing or proposed one-family dwelling or an existing multiple-family dwelling

shall be in accordance with one of the following, but not a combination thereof:

1.

One-family dwelling.

a.

One attached or interior additional residential accommodation shall be permitted per lot.

b.

One detached additional residential accommodation shall be permitted per lot.

2.

Multiple-family dwelling.

a.

One interior ADU shall be permitted per lot or a quantity that is less than or equal to twenty-five (25) percent of the existing units within the multiple-family dwelling, whichever is greater.

b.

Two detached ADU shall be permitted per lot.

3.

Eastern Coachella Valley.

a.

The first MOG unit or ranchet installed on a lot shall be designated as the primary dwelling for the purposes of this chapter;

b.

A maximum of twelve (12) detached MOG units shall be permitted per lot; or,

c.

A maximum of four detached ranchets shall be permitted per lot in accordance with this chapter. The maximum number of four detached ranchets per lot shall include any existing primary dwelling. In the event an existing primary dwelling is converted to a ranchet, all additional residential accommodations on the lot shall be considered ranchets and shall comply with this chapter.

(Ord. No. 348.4926, § 12, 8-25-2020)

17.294.050 - Land use permits and processing.

A.

Land use permits. No discretionary land use permit such as, but not limited to, a plot plan or conditional use permit is required for an additional residential accommodation.

B.

Site design plan. Applications for any additional residential accommodation shall include a site design plan demonstrating compliance with the development standards provided in this chapter.

C.

Processing. Applications for any additional residential accommodation shall be processed in accordance with this ordinance [Ordinance No. 348.4926], Ordinance No. 671 and Ordinance No. 457, as applicable. Applications for an ADU or junior ADU shall be acted upon within sixty (60) days of the application being submitted to the county. Acting on an application may include approving or denying an application, providing corrections resulting from plan check, or issuing, withdrawing, cancelling or abandoning an application; or any other similar action. The county may delay acting on an application for an ADU or junior ADU until after acting on an application for a new primary dwelling on the same lot.

D.

Residential use. Additional residential accommodations shall be deemed an accessory residential use.

(Ord. No. 348.4926, § 12, 8-25-2020)

17.294.060 - Approval requirements.

A.

An application for an additional residential accommodation shall be accepted and approved if it complies with all of the following:

1.

The requirements and development standards set forth in this chapter.

2.

All applicable laws and regulations related to health and safety including, but not limited to, fire and building code regulations.

3.

All required approvals are obtained prior to submittal from the Riverside County Department of Environmental Health, Fire Department, and the Riverside County Airport Land Use Commission.

4.

Written confirmation has been provided from the department of environmental health for the use of an existing or new septic system for any additional residential accommodation.

If applicable, a percolation test is completed and certified within the last five years or recertified within the last ten years, by the Riverside County Department of Environmental Health.

6.

All required approvals are obtained from the applicable water and sewer purveyor(s).

7.

If applicable because of geographic location and constraints, all required approvals from the fire department, Riverside County Flood Control and Water Conservation District, Coachella Valley Water District or the Environmental Programs Division of the Planning Department.

B.

For the purposes of fire or life protection, a junior ADU shall not be considered a separate or new dwelling unit.

C.

No final inspections shall be performed or certificate of occupancy shall be issued, for an additional residential accommodation prior to the final inspection for the new one-family dwelling located on the same lot.

D.

Additional residential accommodations shall not be subject to section 17.172.060 and section 17.172.070 of this title related to location and size of dwellings.

(Ord. No. 348.4926, § 12, 8-25-2020)

17.294.070 - Fees and utility connections.

A.

Impact and connection fees shall be calculated in accordance with applicable state and local laws and regulations including, but not limited to, Government Code Sections 65852.2 and 65852.22, and Riverside County Ordinance No 659.

B.

An attached/interior ADU or junior ADU shall not be required to install a new or separate utility connection directly between the unit and the utility, but may be required if the unit was created or constructed concurrently with a new one-family dwelling, as determined through the permitting processed. Guest quarters shall not be permitted to install a new or separate utility connection directly between the unit and the utility.

C.

All other additional residential accommodations, including any detached ADU, second unit, MOG unit or ranchet, may be required to provide a new or separate utility connection directly between the unit and the utility.

(Ord. No. 348.4926, § 12, 8-25-2020)

A.

Lot size. Additional residential accommodations may be located on any lot in accordance with the following:

1.

Lots zoned for one-family dwellings. Detached second units or guest quarters shall be located on lots greater than seven thousand two hundred (7,200) square feet in area.

2.

Lots zoned for multiple-family dwellings. Only ADUs are allowed on lots zoned for multiple-family dwellings.

3.

Lots within the Eastern Coachella Valley. Ranchets shall be located on lots greater than or equal to two gross acres in area.

B.

Lot coverage. The floor area of attached or detached ADUs shall not be included in the calculations used to determine compliance with lot coverage requirements in this title. The floor area of interior ADUs and interior junior ADUs shall be considered part of the floor area of the primary dwelling and included in the calculations used to determine compliance with lot coverage requirements in this title.

C.

Setbacks. Additional residential accommodations shall comply with the following setbacks:

1.

Interior ADU, junior ADU. Front, side and rear setbacks shall be pursuant to the applicable zoning classification for the lot. Additionally, any expansion required for egress or ingress shall maintain a minimum side and rear setback of four feet.

2.

Attached ADU, Detached ADU. Side and rear setbacks shall be no less than four (4) feet. Front setbacks shall be pursuant to the applicable zoning classification for the lot.

3.

Second unit and guest quarters. Setbacks shall be pursuant to the applicable zoning classification for the lot.

4.

MOG units. Front, rear, and side setbacks shall comply with Title 25 of the California Code of Regulations, as may be amended.

5.

Ranchets. Setbacks shall be pursuant to the applicable zoning classification for the lot.

D.

Floor area. Floor area shall include the interior habitable area of an additional residential accommodation, including finished basements and finished attics but shall not include an uninhabitable garage or any accessory building or structure. The floor area for additional residential accommodations shall comply with the following:

1.

Attached ADU, interior ADU.

a.

One-family dwelling: The maximum floor area shall not exceed fifty (50) percent of the primary dwelling's floor area. If fifty (50) percent of the primary dwelling's floor area is less than eight hundred (800) square feet than the maximum floor area shall be eight hundred (800) square feet. In no event shall the maximum floor area exceed one thousand (1,000) square feet.

b.

Multiple-family dwelling: The maximum floor area shall not exceed one thousand (1,000) square feet.

c.

Except to create exterior access to the interior ADU, no expansion of the primary dwelling shall be allowed for creation of the interior ADU. The maximum expansion for egress or ingress shall be less than or equal to one hundred fifty (150) square feet.

2.

Detached ADU. The maximum floor area shall not exceed one thousand (1,000) square feet.

3.

Junior ADU.

a.

The maximum floor area shall not exceed fifty (50) percent of the primary dwelling's floor area. In no event shall the maximum floor area exceed five hundred (500) square feet.

b.

Except to create exterior access to the junior ADU, no expansion of the primary dwelling shall be allowed for creation of the junior ADU. The maximum expansion for egress or ingress shall be less than or equal to one hundred fifty (150) square feet.

4.

Second unit. The maximum floor area shall be in accordance with the following:

a.

7,201—20,000 square-foot lots. The maximum floor area shall not exceed one thousand two hundred (1,200) square feet.

b.

20,001 square-foot—2 acres lots. The maximum floor area shall not exceed one thousand five hundred (1,500) square feet.

c.

2.01 acres—4 acre lots. The maximum floor area shall not exceed two thousand five hundred (2,500) square feet.

d.

Lots greater than four acres. The maximum floor area shall not exceed two hundred (200) percent of the primary one-family dwelling's floor area.

5.

Guest quarter. The maximum floor area shall not exceed two percent of the gross lot size or six hundred (600) square feet, whichever is less.

6.

MOG units. Floor area shall comply with Title 25 of the California Code of Regulations, as may be amended.

7.

Ranchets. No maximum floor area. The minimum floor area shall be four hundred fifty (450) square feet, excluding patios, porches, garages, and similar structures.

E.

Height. Additional residential accommodations shall comply with the following:

1.

Interior ADU and junior ADU. An interior ADU and junior ADU shall be created within one story or floor of the building.

2.

Attached ADU and detached ADU. The maximum height shall be no greater than sixteen (16) feet.

3.

Guest quarters. The maximum height shall be pursuant to the applicable zoning classification for the lot.

4.

Second units. The maximum height shall be no greater than the height of the primary one-family dwelling.

F.

Parking. Off-street parking shall comply with chapter 17.188 of this title and the following:

1.

Interior ADU within an existing structure, junior ADU, or guest quarter.

a.

No parking space(s) shall be required.

b.

No replacement parking spaces shall be required for conversion of any existing parking spaces, including garages, carports or marked spaces into an interior ADU or a junior ADU. Any conversion of existing parking space(s) into a guest quarter shall be replaced at a 1:1 ratio.

2.

Interior ADU within a new structure, attached ADU, or detached ADU.

a.

One (1) regular or tandem parking space per unit shall be required; or

b.

Parking may be waived, if any of the following apply to the lot or unit:

i.

Within a half mile walking distance from transit, including bus stop or train station locations where the public may access buses, trains or any other forms of transportation that charge set fares, run on fix routes and are available to the public;

ii.

Within an architecturally or a historically significant district;

iii.

Within an area that requires on-street parking permits but are not offered to the new unit; or

iv.

Within one mile from a car share area.

c.

Parking may be located within required setbacks established by this title.

d.

No replacement parking spaces shall be required for conversion of any existing parking spaces, including garages, carports or marked spaces into an ADU.

Second unit.

a.

One parking space per one-bedroom unit shall be required; or

b.

Two parking space for units with two or more bedrooms shall be required.

c.

Any conversion of existing parking space(s) into a second unit shall be replaced at a 1:1 ratio.

4.

MOG units. Parking spaces shall be provided pursuant to chapter 17.188 of this title, with the exception of the following criteria:

a.

Parking spaces shall be located immediately adjacent to each MOG unit; and,

b.

Parking spaces shall be developed using impervious surfaces.

Ranchets. Parking spaces shall be provided pursuant to chapter 17.188 of this title.

G.

Design.

1.

Additional residential accommodations shall be compatible with the architecture of the primary one-family dwelling or multiple-family dwelling on the same lot and consistent with the surrounding neighborhood.

2.

Attached and Interior additional residential accommodations shall have exterior access to the unit.

3.

In accordance with Title 25 of the California Code of Regulations, as may be amended, MOG Units and Ranchets shall include any required opaque skirt entirely around the unit in order to screen the area between the ground level and the floor of the unit.

H.

Access.

1.

All weather access for emergency vehicles shall be provided for any additional residential accommodation that is located more than one hundred fifty (150) feet from a public right-of-way.

2.

All access roads for emergency vehicle or driveways that service an additional residential accommodation shall be at least twenty (20) feet in width and shall have a clear and unobstructed access to the public road.

I.

MOG unit specific development standards.

1.

MOG units shall be located within individual and separate spaces, which may also include accessory structures or appurtenances attached thereto or used in conjunction therewith. Spaces shall only include one MOG unit.

a.

The minimum size of each space within the lot shall be two thousand five hundred (2,500) square feet.

b.

The minimum dimension of the space shall be thirty (30) feet in width and eighty (80) feet in depth.

c.

The minimum coverage of each space shall not exceed seventy-five (75) percent of the space area with structures, including the manufactured home unit, any attached or detached accessory structures, such as awnings, stairways, and ramps.

2.

Separation of buildings or structures shall comply with Title 25 of the California Code of Regulations, as may be amended.

3.

Walls and fences and landscaping.

a.

A chain link fence, or other similar material, shall be erected along the perimeter of the lot, except when prohibited in flood areas or similar situations.

i.

The fence shall be at least six feet in height.

ii.

The fence shall be screen by landscaping or other material.

b.

A chain link fence, or other similar fencing, at least three feet in height shall be erected between spaces on the lot. Landscaping may be used in lieu of required fencing between spaces on the lot.

4.

Additional access requirements.

a.

MOG units shall be located no further than four hundred fifty (450) feet from a public dedicated and maintained road.

b.

MOG units shall be served by an all-weather access road or driveway, such as a class 2 base or a material capable of supporting emergency vehicles as approved by the fire department.

c.

No additional curb cuts, rear access or any other types of access for the lot shall be allowed, except where authorized by the Riverside County Transportation Department through the issuance of an encroachment permit connecting with a public right-of-way.

(Ord. No. 348.4926, § 12, 8-25-2020)

17.294.090 - Occupancy and fire protection.

A.

Occupancy.

1.

Accessory dwelling unit. Property owners shall not be required to occupy, or live within, the primary dwelling or ADU located on the same lot, if the ADU is permitted between January 1, 2020 and June 1, 2025. If an ADU is permitted after June 1, 2025, property owners must occupy, or live within, the primary dwelling or ADU located on the same lot. Appropriate verification to show occupancy, as determined by the county, may include, but not limited to, utility bills or official mail with the property owners name, government issued identification or license with primary address and property owner's name, or documents showing official registration primary address as residence for the property owner.

2.

Second unit or guest quarter. Property owners must occupy, or live within, the primary dwelling existing on the same lot as the second unit or guest quarter. Appropriate verification to show occupancy, as determined by the county, may include, but not limited to, utility bills or official mail with the property owner's name, government issued identification or license with primary address and property owner's name, or documents showing official registration primary address as residence for property owner.

3.

Junior accessory dwelling unit. Property owners must occupy, or live within, either the primary dwelling or junior ADU located on the same lot. Appropriate verification showing occupancy, as determined by the county, may include, but not limited to, utility bills or official mail with the property owner's name, government issued identification or license with primary address and property owner's name, or documents showing official registration primary address as residence for property owner.

4.

Owner-occupancy requirements shall not apply if the property owner is another governmental agency, land trust, housing organization or other similar agency or organization.

5.

Except for guest quarters and MOG units, additional residential accommodations may be rented to and occupied by any person(s) in accordance with occupancy requirements provided in this chapter. The renting of a ranchet is for the mobilehome or manufactured home only and shall not create a real property interest in the lot the ranchet is located on.

6.

Additional residential accommodations shall not be rented for a period less than or equal to thirty (30) days.

7.

Guest quarters shall be used exclusively by the occupants of the one-family dwelling on the same lot or their non-paying guests.

8.

MOG units shall be occupied by at least two separate legal owners, verified with the latest deed, which shall live in separate MOG units. MOG units shall not be rented or leased, or held out for rent or lease.

9.

Additional residential accommodations shall be used for residential purposes and may include home businesses or occupations as allowed by local or state laws.

10.

Additional residential accommodations shall not be sold as a separate unit, except as provided by local or state law and, if required, the lot is subdivided pursuant to local and state subdivision laws.

11.

For lots with a proposed junior ADU, a deed restriction in accordance with Government Code Section 65852.22(a)(3), as may be amended, shall be recorded on the property and included in the application for the junior ADU.

B.

Fire protection.

1.

Water supply to the lot shall be capable of providing the required fire flow for fire protection, pursuant to the California Fire Code.

2.

ADUs or junior ADUs shall provide fire sprinklers only if the primary dwelling is required to provide fire sprinklers.

(Ord. No. 348.4926, § 12, 8-25-2020)

A.

Ownership.

1.

Lots with MOG units must be jointly owned by multiple owners, and all owners must be listed on the deed.

2.

Property owners shall notify the planning director, or designee, of any change in ownership within thirty (30) days of the change. Ownership and occupancy shall meet the requirements of this chapter for the life of the MOG unit.

B.

Subdivision and installation.

1.

The allowance of multiple MOG units on one lot does not constitute a subdivision of that lot under the Subdivision Map Act or Riverside County Ordinance No. 460.

2.

MOG units shall not be sold separately, unless the underlying lot is subdivided pursuant to all applicable local and state subdivision and land use laws.

3.

MOG units shall be pre-existing and installed prior to May 14, 2013.

4.

MOG units shall be located on a lot with at least one other MOG unit.

5.

MOG units shall be part of an existing grouping of manufactured homes on one lot, referred to as an existing "MOG manufactured home park." No expansion of the existing MOG manufactured home park shall be permitted.

6.

MOG units shall be installed per manufacturer's specifications on approved piers. No permanent foundation shall be allowed for a MOG unit, except where required by the applicable flood control district.

7.

MOG units on approved piers shall be screened by an opaque skirt to completely cover the area between the floor and the ground and completely cover the approved piers.

8.

No outside storage shall be allowed on lots with MOG units.

C.

Utilities.

1.

MOG units shall have separate utility services and connections, except for MOG units connected to subsurface sewage disposal systems.

2.

Propane tanks shall include appropriate setbacks, pursuant to the California Fire Code.

3.

The maximum size of a propane tank shall be two hundred fifty (250) gallons.

4.

Electrical meter banks may be permitted, subject to written approval by the local electric provider.

5.

MOG units shall have running water.

6.

MOG units served by a water well shall meet minimum production requirements set forth in Riverside County Ordinance No. 682.

7.

MOG units connected to a septic system or well shall obtain all necessary approvals from the appropriate departments.

8.

MOG units utilizing any proposed state small water system shall obtain approval from the Riverside County Department of Environmental Health.

(Ord. No. 348.4926, § 12, 8-25-2020)

For the purposes of this chapter, the Eastern Coachella Valley boundary shall include all that area identified as the "Area Plan Boundary" in Figure 3, or the Land Use Plan, of the Eastern Coachella Valley Area Plan, which is part of the Riverside County General Plan, as amended.

(Ord. No. 348.4926, § 12, 8-25-2020)

A.

An additional residential accommodation that conforms to this chapter shall not be considered to exceed the allowable density established by the general plan for the lot upon which the additional residential accommodation is located.

B.

An additional residential accommodation that conforms to this chapter shall be considered consistent with the Riverside County General Plan, including the land use element, and the residential uses of the applicable zoning classification for the lot upon which the additional residential accommodation is located.

(Ord. No. 348.4926, § 12, 8-25-2020)

A.

In the event there is a conflict between the requirements and development standards set forth in this chapter and a lot's applicable zoning classification or other provision in this title, the provisions of this chapter shall prevail.

B.

If any provision of this chapter conflicts with California Government Code Section 65852.2 or 65852.22, the provisions of the Government Code sections shall prevail.

(Ord. No. 348.4926, § 12, 8-25-2020)

Chapter 17.296 - SOLAR ENERGY SYSTEMS

Sections:

Notwithstanding any other provision of this chapter, solar energy systems are permitted as an accessory use in all zones subject to the provisions of this section.

A.

The intent of this section is to provide for the implementation of section 65850.5 of the Government Code and section 17959.1 of the Health and Safety Code by complying with the mandatory provisions of those state statutes and to advance the state policy of encouraging the installation of solar energy systems by removing obstacles to, and minimizing costs of, permitting such systems. This section is intended to avoid any unreasonable restrictions on the ability of homeowners, agricultural concerns and business concerns to install solar energy systems. Solar energy systems utilize a renewable and nonpolluting energy resource, enhance the reliability and power quality of the electrical grid, reduce peak power demands, and make the electricity supply market more competitive by promoting consumer choice.

B.

Applications to install solar energy systems shall be administratively reviewed and approved by the director of the department of building and safety as nondiscretionary permits; provided, however, that if the director of the department of building and safety determines in good faith that a solar energy system could have a specific adverse impact on the public health or safety, the applicant shall be required to apply for a plot plan pursuant to chapter 17.216 of this title and all provisions of that section shall apply except as modified by this section.

C.

Review of an application to install a solar energy system shall be limited to a determination of whether the application meets all health and safety requirements of county, state and federal law. The requirements of county law shall be limited to those standards and regulations necessary to avoid a specific adverse impact upon the public health or safety. Review for aesthetic purposes, including any ordinance provision requiring the screening of the solar energy system, shall not be applicable.

D.

If a plot plan is required pursuant to subsection B. above, the plot plan shall not be denied unless the denial is based on written findings in the record that the proposed installation would have a specific adverse impact on the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for rejection of potential feasible alternatives of preventing the adverse impact.

E.

Any conditions imposed on an application to install a solar energy system shall be designed to mitigate the specific, adverse impact upon the public health and safety at the lowest cost possible.

F.

A solar energy system for heating water shall be certified by the Solar Rating Certification Corporation (SRCC) or other nationally recognized certification agency. SRCC is a nonprofit third party supported by the United States Department of Energy. The certification shall be for the entire solar energy system and installation.

G.

A solar energy system for producing electricity shall meet all applicable safety and performance standards established by the National Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the public utilities commission regarding safety and reliability.

H.

For purposes of this section, the following terms shall have the following meanings:

A "specific adverse impact" means a significant, quantifiable, direct and unavoidable impact, based on objective, identified and written public health or safety standards, policies or conditions as they existed on the date the application was deemed complete.

2.

A "feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the county on another similarly situated application in a prior successful application for a permit. The county shall use its best efforts to ensure that the selected method, condition, or mitigation does not "significantly" increase the cost of the system or "significantly" decrease its efficiency or specified performance, or allows for an alternative system of comparable cost, efficiency, and energy conservation benefits. For solar domestic water heating systems or solar swimming pool heating systems that comply with state and federal law, "significantly" means an amount exceeding twenty (20) percent of the cost of the system or decreasing the efficiency of the solar energy system by an amount exceeding twenty (20) percent as originally specified and proposed. For photovoltaic systems that comply with state or federal law, "significantly" means an amount not to exceed two thousand dollars ($2,000.00) over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding twenty (20) percent as originally specified and proposed.

(Ord. 348.4734, § 1, 11-8-2011)

Chapter 17.298 - UNATTENDED DONATION BINS

Sections:

The board of supervisors finds that unattended donation bins provide a service to the community by facilitating the donation of items for distribution or resale. Unattended donation bins are, however, often the targets of graffiti, litter and illegal dumping. Additionally, unattended donation bins are often placed on private property without the consent of the property owner, or in public rights-of-way, creating safety concerns and traffic impediments that can endanger drivers and pedestrians. Welfare and Institutions Code Section 153 allows the county to impose requirements upon the solicitation of salvageable personal property. This chapter establishes minimum development standards and permitting procedures for unattended donation bins in the unincorporated areas of the county with the purpose to enhance the

aesthetic appearance of the community, preserve property values and protect the public health, safety and welfare. This chapter does not apply to attended donation bins or to donation bins located within an enclosed building.

(Ord. No. 348.4857, § 1, 9-12-2017)

As used in this chapter, the following terms shall have the following meanings:

"Donation bin." Any unattended bin, box, container, or similar receptacle located on any legal lot used to collect textiles, shoes, books or other salvageable personal items for distribution or resale by the operator. This term does not include recycle bins for the collection of recyclable material. A donation bin shall not be considered a fixture or improvement to the lot.

"Donation bin operator." A person or entity who owns, manages or maintains a donation bin.

"Donation bin permit." Written authority from the county to a permittee that authorizes the placement and operation of a donation bin on a legal lot.

"Permittee." A property owner who applies for and obtains a donation bin permit.

(Ord. No. 348.4857, § 1, 9-12-2017)

17.298.030 - Location.

Subject to the requirements provided in this chapter, donation bins are allowed in all zone classifications, except in the following zones where they are prohibited: M-SC, M-M, M-H, M-R, M-R-A, A-1, A-P, A-2, A-D, C/V, C-C/V, WC-W, WC-WE, WC-E, WC-R, W-2, R-D, N-A, W-2-M, W-1 and W-E.

(Ord. No. 348.4857, § 1, 9-12-2017)

17.298.040 - Permit and fees.

A.

No donation bin shall be placed, erected, used or maintained until a permittee obtains a donation bin permit from the county. A donation bin permit shall expire one year from the date of issuance, unless a renewal application and applicable filing fee is timely submitted and approved in accordance with Section 17.298.040.C. of this chapter.

B.

An application for a donation bin permit shall be submitted to the assistant TLMA director-community development or designee on the form provided by the county planning department and accompanied by the applicable filing fee set forth in Chapter 4.44.

C.

A donation bin permit shall be renewed on an annual basis based on the anniversary of the original donation bin permit issuance. An application for renewal shall be submitted to the assistant TLMA directorcommunity development or designee on the form provided by the county planning department and accompanied by the applicable filing fee set forth in Chapter 4.44. The renewal application shall be submitted no later than thirty (30) days prior to the expiration of the donation bin permit.

(Ord. No. 348.4857, § 1, 9-12-2017)

No donation bin permit shall be approved unless the following development standards are satisfied:

A.

The dimensions of a donation bin shall not exceed eighty-two (82) inches high, fifty-six (56) inches wide and forty-nine (49)inches deep.

B.

No more than two donation bins shall exist on the same legal lot.

C.

Donation bins shall not be located on any lot with a one-family dwelling, multiple family dwelling or mobilehome.

D.

Donation bins shall not be located within any public right-of-way area, emergency vehicle route, internal drive aisle or pedestrian pathway.

E.

Donation bins shall be set back at least three feet from any public right-of-way, emergency vehicle route, internal drive aisle, or pedestrian pathway.

F.

Donation bins shall not be located on unimproved lots.

G.

All Donation bins shall be constructed with a metal material. Donation bins shall not be constructed with wood, plastic, or any other non-metal material.

(Ord. No. 348.4857, § 1, 9-12-2017)

In addition to the development standards in section 17.298.050, the permittee shall ensure donation bins comply with the following:

A.

Donation bins shall be kept free of structural damage, holes, visible rust, and graffiti.

B.

Donation bins shall be kept locked or otherwise secured at all times.

C.

Donation bins shall be serviced and emptied at a minimum of every seven calendar days, or more frequently on an as needed basis, to ensure the donation bin and surrounding area are kept free of materials and debris.

D.

Donated items must fit entirely within the closed donation bin.

E.

Donated items shall consist of textiles, shoes, books and other salvageable personal items only.

F.

Donated items shall not include items such as, but not limited to, hazardous materials, mattresses, vehicles, food items or appliances.

G.

The area surrounding the donation bin shall be kept free of any debris, junk, donated items, or other material, including but not limited to donated items that do not fit entirely within the donation bin.

H.

In accordance with California Welfare and Institutions Code Section 151, the front of every donation bin shall conspicuously display all of the following:

1.

The name, address, telephone number, and, if available, the internet web address of the donation bin operator; and

2.

A statement, in at least two-inch typeface, that either reads, "this donation bin is owned and operated by a for-profit organization" or "this donation bin is owned and operated by a nonprofit organization."

3.

If the donation bin operator is a nonprofit organization, the front of the donation bin shall also conspicuously display a statement describing the nonprofit cause that will benefit from the collections.

4.

If the donation bin operator is a for-profit entity, the front of the donation bin shall also conspicuously display a statement that reads "this donation is not tax deductible." If the donation bin is owned and operated by a commercial fundraiser, the commercial fundraiser may post notice of donations to a nonprofit cause only on the sides of the donation bin. This notice shall always be smaller in size than the for-profit entity's name and address and shall constitute only twenty-five (25) percent of the notice space of the donation bin.

I.

Donation bins shall comply with all other applicable federal, state and local laws and regulations.

(Ord. No. 348.4857, § 1, 9-12-2017)

A donation bin permit may be revoked in accordance with the findings and procedure provided in Chapter 17.220 of this title.

(Ord. No. 348.4857, § 1, 9-12-2017)

In accordance with Welfare and Institutions Code Section 152, a donation bin in violation of this chapter may be declared a public nuisance.

(Ord. No. 348.4857, § 1, 9-12-2017)

Chapter 17.300 - Mobile Food Trucks

Sections:

The board of supervisors finds that short-term, temporary mobile food truck operations can provide a benefit to the community by increasing local access to alternative food retailers, especially in communities not central to brick and mortar establishments. Though, in certain areas, such as frequently traveled public highways and narrow streets and roadways without sidewalks or other similar barriers designed to protect pedestrians from vehicular hazards, mobile food truck operations can create a public safety concern for mobile food truck customers and operators. Accordingly, it is the purpose and intent of the board of supervisors through this article to establish regulations related to mobile food trucks operations on private property in the unincorporated areas of Riverside County for the promotion of the public health, safety, and general welfare.

(Ord. No. 348.4913, § 1(19.1000), 11-19-2019)

For purposes of this chapter only, the following terms are defined as follows:

"Environmental health permit" means an annual permit issued by the County of Riverside Department of Environmental Health in accordance with Ordinance No. 580.

"Mobile food truck" means a licensed, motorized vehicle, including any legally attached trailer, used in conjunction with the service of a commissary, or other permanent food facility upon which prepackaged or approved non-prepackaged food is sold, offered for sale or otherwise distributed as retail.

(Ord. No. 348.4913, § 1(19.1001), 11-19-2019)

No mobile food truck shall operate without a mobile food truck permit approved in accordance with this chapter and chapter 17.216 of this title. All procedural provisions of chapter 17.216 shall apply to the permit application, except subsection C. relating to approval requirements, subsection D. relating to action on applications, and subsections E. and F. relating to appeals and subsection G. relating to use of the permit after the application is approved.

A.

Classification. Action on a mobile food truck permit shall be ministerial and not subject to the California Environmental Quality Act.

B.

Expiration. An approved permit for a mobile food truck shall expire one year from the date of approval, unless a renewal application and applicable filing fee is timely submitted and approved in accordance with section 17.300.070 of this chapter.

C.

Renewal. An approved permit for a mobile food truck shall be renewed on an annual basis based on the anniversary date of the original approved permit. An application for renewal shall be submitted to the planning director or designee no later than thirty (30) days prior to the expiration of the approved permit on the form provided by the Riverside County Planning Department and accompanied by the applicable filing fee set forth in Ordinance No. 671.

(Ord. No. 348.4913, § 1(19.1002), 11-19-2019; Ord. No. 348.4966, § 2, 10-19-2021)

Subject to the requirements provided in this chapter, mobile food trucks with an approved mobile food truck permit are allowed in all zone classifications, except the following: R-1, R-R-O, R-2, R-2A, R-3, R-T, R-T-R, R-4, R-5, R-6, R-7, C/V, N-A, W-2-M, W-1, WC-W, WC-WE, WC-E, W-R and W-E.

(Ord. No. 348.4913, § 1(19.1003), 11-19-2019)

A permit for a mobile food truck shall not be approved unless the following are met:

A.

Vacant lot. The mobile food truck shall operate on a vacant lot that is either paved or surfaced with gravel or decomposed granite.

B.

Lot size. The vacant lot is at least one-half acre in size.

C.

Access. The lot includes adequate ingress and egress in accordance with Ordinance No. 787.

D.

Number of mobile food trucks. The number of mobile food trucks permitted on a lot shall be as follows:

1.

No more than three mobile food truck are allowed on lots half an acre or greater but less than one gross acre.

2.

No more than four mobile food trucks are allowed on lots one gross acre or greater but less than two gross acres.

3.

No more than five mobile food trucks are allowed on lots two gross acres or greater but less than six gross acres.

4.

There is no limit on the number of mobile food trucks on lots greater than six gross acres.

(Ord. No. 348.4913, § 1(19.1004), 11-19-2019)

In addition to the location requirements set forth in this article and requirements provided in Ordinance No. 580, a mobile food truck shall comply with the following:

A.

Area maintenance. The lot used by the mobile food truck shall be kept free of any debris or trash.

B.

No onsite consumption area. Except for shade covers or awnings that provide shade for customers waiting for food, no tables or chairs shall be placed on the lot.

C.

Amplified sound. No loudspeaker systems, or other device(s) designed to amplify sound are allowed on the lot.

D.

Signage. All signage shall comply with chapter 17.252, advertising regulations of this title. Additionally, air flyers and sign twirlers are prohibited on the Lot.

E.

Lights. All temporary outdoor lighting shall be shielded or downward facing.

F.

Location safety.

1.

Mobile food trucks shall be located at least fifteen (15) feet from any fire hydrant, utility box or vault, public right of way, emergency vehicle route, internal drive aisle, tree canopy or pedestrian pathway.

2.

Mobile food trucks shall not operate within a five-foot radius of another mobile food truck.

3.

Mobile food trucks shall not operate within Compatibility Zone A of any County of Riverside airport, as designated and defined by the Riverside County Airport Land Use Compatibility Plan.

4.

Mobile food trucks shall not otherwise be located within any area of the lot that obstructs pedestrian or vehicle traffic.

G.

No alcohol or sale of controlled substances. The sale or soliciting the sale of any alcoholic beverages or controlled substances from a mobile food truck is strictly prohibited.

H.

Waste disposal.

1.

No mobile food truck shall cause or dispose of oil, grease, or waste on the lot.

2.

Wastewater generated on-site shall not be released on-site or into the storm drainage system.

I.

Hours of operation. Operations shall be limited to Sunday through Saturday from 8:00 a.m. to 12:00 a.m.

J.

Parking. There shall be no parking on the lot after 12:00 a.m., and overnight parking or storage of the mobile food truck on the lot is prohibited.

K.

Display of permit. A mobile food truck shall possess and at all times display in clear view a certified copy of its current environmental health decal and grade card issued by the department of environmental health, as required by Riverside County Ordinance No. 580, and approved mobile food truck permit.

L.

Trash receptacles.

1.

At least one visible trash receptacle for use by customers shall be placed within twenty (20) feet of the mobile food truck operation.

2.

Unless the property owner has provided for a permitted dumpster, all trash receptacles shall be removed once the mobile food truck operation has ceased each day.

M.

Restrooms. In accordance with Section 114315 of the California Retail Food Code, mobile food trucks stopped to conduct business for more than one hour, shall operate within two hundred (200) feet of an approved, readily available and functioning restroom facility. If the restroom is within a business, the mobile food truck operator must submit with the plot plan application, written permission from the business owner providing the hours the restroom facilities are being made available for use by the food service workers. Executive portable toilet facilities with handwashing stations may satisfy this requirement.

N.

Federal, state, and local laws and regulations. Mobile food trucks shall comply with all other applicable federal, state and local laws and regulations.

(Ord. No. 348.4913, § 1(19.1005), 11-19-2019)

The planning director shall approve a mobile food truck permit if all of the following are met:

A.

The mobile food truck operation complies with the requirements set forth in this article;

B.

Written consent from the lot owner allowing the mobile food truck to operate on the lot has been provided to the planning director;

C.

An environmental health permit has been issued for the mobile food truck by the department of environmental health, pursuant to Ordinance No. 580;

D.

Inspection of the mobile food truck has been completed by the county fire marshal; and

E.

There is no pending code enforcement action on the lot.

(Ord. No. 348.4913, § 1(19.1006), 11-19-2019)

17.300.080 - Exemptions.

This article does not apply to any of the following:

A.

Mobile food trucks operating in the public right-of-way pursuant to Ordinance No. 853.

B.

Mobile food trucks operating in conjunction with an active construction site.

C.

Mobile food trucks operating on the property of a legally existing school, college, university, hospital, or places of religious worship.

D.

Mobile food trucks operating in conjunction with and on the same site as events consistent with a legally permitted land use or temporary event.

(Ord. No. 348.4913, § 1(19.1007), 11-19-2019)

A mobile food truck permit may be revoked in accordance with section 18.31 of this chapter.

(Ord. No. 348.4913, § 1(19.1008), 11-19-2019)

Any violation of this article is hereby declared to be unlawful and a public nuisance.

(Ord. No. 348.4913, § 1(19.1009), 11-19-2019)

Chapter 17.302 - COMMERCIAL CANNABIS ACTIVITIES[[26]]

Sections:

Footnotes:

--- ( 26 ) ---

Editor's note— Ord. No. 348.4997, § 4, adopted March 28, 2023, amended chapter 17.302 in its entirety to read as herein set out. Former chapter 17.302, §§ 17.302.010—17.302.260, pertained to similar subject matter, and derived from Ord. No. 348.4898, § 9, 10-23-2018; Ord. No. 348.4926, § 11, 8-25-2020; Ord. No. 348.4933, §§ 1, 2, 11-17-2020; Ord. No. 348.4977, § 1, 1-25-2022)

The purpose of this article is to protect the public health, safety, and welfare, enact strong and effective regulatory and enforcement controls in compliance with state law, protect neighborhood character, and minimize potential for negative impacts on people, communities, and the environment in the unincorporated areas of Riverside County by establishing land use regulations for commercial cannabis activities. Commercial cannabis activities includes cannabis cultivation, cannabis wholesale nursery,

cannabis manufacturing facility, cannabis testing facility, cannabis retailer, and cannabis distribution facility, including medicinal cannabis and adult-use cannabis. Commercial cannabis activities require land use regulations due to the unique state legal constraints on cannabis activity, and the potential environmental and social impacts associated with cannabis activity.

(Ord. No. 348.4997, § 4, 3-28-2023)

A.

Any commercial cannabis activity that is not expressly provided for in both an approved conditional use permit and a valid cannabis license issued by the state is prohibited in all zones and is hereby declared a public nuisance that may be abated by the county and is subject to all available legal remedies, including but not limited to civil injunctions.

B.

Mobile cannabis retailers are prohibited in all zones and may not operate in the unincorporated area of Riverside County.

C.

All cannabis cultivation shall be conducted in the interior of enclosed structures, facilities or buildings, and all cannabis cultivation operations, including all live cannabis plants, at any stage of growth, shall not be visible from the exterior of any structure, facility or building containing cannabis cultivation. Portable greenhouses and non-permanent enclosures shall not be used for cannabis cultivation unless all applicable permits and licenses have been obtained including, but not limited to, land use permits, building permits and a California license has been issued for a mixed light cannabis cultivation operation.

D.

Outdoor cultivation of cannabis is prohibited in the unincorporated area of Riverside County.

E.

All commercial cannabis activities within any dwelling unit, accessory dwelling unit, guest quarters, or any other residential accessory structure permitted for residential occupancy is prohibited.

F.

Unless a conditional use permit has been approved that includes the retail sales of cannabis or cannabis products no person shall conduct any retail sales of cannabis or cannabis products on or from a permitted commercial cannabis activity.

(Ord. No. 348.4997, § 4, 3-28-2023)

17.302.030 - Applicability.

A.

Except as provided in section 17.302.040 of this chapter, commercial cannabis activities shall not be allowed in the unincorporated areas of Riverside County without first obtaining all required land use permits, licenses or other entitlements required by local or State laws and regulations.

B.

Cannabis is not an agricultural commodity with respect to Ordinance No. 625, the right-to-farm ordinance, and is not considered farmland or agriculture as those terms are defined in the Riverside County General Plan or Ordinance No. 625.

C.

For the purposes of this article, cannabis does not include industrial hemp as defined in this chapter.

(Ord. No. 348.4997, § 4, 3-28-2023)

This article does not apply to the activities listed below which shall be accessory to a legally existing private residence and comply with all other applicable state and local laws, requirements, and regulations.

A.

Personal cannabis cultivation. This article shall not prohibit a person 21 years of age or older from engaging in the indoor cannabis cultivation of six or fewer live cannabis plants within a single private residence or inside a detached accessory structure located upon the grounds of a private residence that is fully enclosed and secured, to the extent the cultivation is authorized by Health and Safety Code Sections 11362.1 and 11362.2. In no event shall more than six live cannabis plants be allowed per private residence.

For purposes of this section, private residence means a one family dwelling, an apartment unit, a mobile home or other similar dwelling.

B.

Cannabis cultivation by a primary caregiver. This chapter shall not prohibit the cultivation of cannabis by a qualified patient or primary caregiver in accordance with Section 12 of Riverside County Ordinance No. 925.

(Ord. No. 348.4997, § 4, 3-28-2023)

Commercial cannabis activities are prohibited in the following zones: R-R, R-R-O, R-1, R-1A, R-A, R-2, R- 2A, R-3, R-3A, R-T, R-T-R, R-4, R-5, R-6, R-7, C-T, C-R, C-O, R-VC, C/V, C-C/V, WC-R, WC-W, WC-WE, WC-E, W-2, R-D, N-A, W-2-M, W-1, W-E, M-R, and M-R-A.

(Ord. No. 348.4997, § 4, 3-28-2023)

17.302.060 - Permit requirements for all commercial cannabis activities.

All commercial cannabis activities shall comply with the following requirements:

A.

Application requirements. At the time of filing the application for a commercial cannabis activity on a form provided by the planning department, the applicant shall also provide the applicable fee for processing the land use permit application.

B.

State license required. The applicant or owner of the approved commercial cannabis activity shall file for the required state license within 60 days after obtaining final project approval by the county. Furthermore, the applicant or owner of the approved commercial cannabis activity shall demonstrate that the required state license has been obtained, prior to the county issuing a certificate of occupancy. The state license shall be maintained throughout the operating life of the approved commercial cannabis activity.

C.

Suspension, revocation, or termination of state license. Suspension of a license issued by the State of California, or by any state licensing authority, shall immediately suspend the ability of a commercial cannabis activity to operate within the county until the state, or its respective state licensing authority, reinstates or reissues the state license. Revocation or termination of a license by the State of California, or by any state licensing authority, will also be grounds to revoke or terminate any conditional use permit granted to a commercial cannabis activity pursuant to this article. Any operator or applicant of a commercial cannabis activity shall provide written notice to the county of any suspension, revocation, or termination of any state license for commercial cannabis activity within forty-eight (48) hours of such suspension, revocation, or termination.

D.

Health and safety. Commercial cannabis activities shall at all times be operated in such a way as to ensure the health, safety, and welfare of the public. Commercial cannabis activities shall not create a public nuisance or adversely affect the health or safety of the nearby residents, businesses or employees working at the commercial cannabis activity by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, unsafe conditions or other impacts, or be hazardous due to the use or storage of materials, processes, products, and runoff of water, pesticides or wastes.

E.

Development agreement. No approval required by this article shall be given for any permit for a commercial cannabis activity unless the board of supervisors prior to or concurrently with approves a development agreement, pursuant to section 17.192.110 of this title, setting forth the terms and conditions under which the commercial cannabis activity will operate in addition to the requirements of this chapter, all other local ordinances and regulations, state law and such other terms and conditions that will protect and promote the public health, safety and welfare. No use or operation under any permit for a commercial cannabis activity shall be allowed to begin or continue unless the development agreement is effective and not terminated.

F.

Nuisance odors. Cannabis odor is a public nuisance. All commercial cannabis activities shall be sited and operated in a manner that prevents cannabis odors from being detected offsite. All commercial cannabis activities shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the commercial cannabis activity that is distinctive to its operation is not detected outside of the operation's facility, anywhere on adjacent lots or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the commercial cannabis activity. In order to control nuisances such as odors, humidity and mold, commercial cannabis activities shall install and maintain at the minimum, the following equipment, or any other equipment that can be proven to be an equally or more effective method or technology to control these nuisances:

1.

An exhaust air filtration system with odor control that prevents internal odors from being emitted externally;

2.

An air system that creates negative air pressure between the commercial cannabis activities' interior and exterior, so that the odors generated by the commercial cannabis activity are not detectable on the outside of the commercial cannabis activity.

G.

Commercial cannabis activity operator qualifications.

1.

All operators and all employees of a commercial cannabis activity must be 21 years of age or older.

2.

All operators of a commercial cannabis activity shall be subject to background checks.

3.

Permits for commercial cannabis activities shall not be granted for operators with felony convictions, as specified in subdivision (c) of Section 667.5 of the Penal Code and subdivision (c) of Section 1192.7 of the Penal Code.

4.

Applicants or operators providing false or misleading information in the permitting process will result in rejection of the application or nullification or revocation of any permit granted pursuant to this article.

H.

Verified cannabis related violations.

1.

Permits for commercial cannabis activity shall not be granted for a period of two years for properties on which the county has verified a recent cannabis related violation. The two-year period commences upon resolution of the recent cannabis related violation.

2.

For the purposes of this section, cannabis related violations are defined as recent when the violation occurs within one or more of following periods of time:

a.

Within the twelve (12) months prior to submission of an application for a commercial cannabis activity described by this article; or

b.

Anytime after submission of an application for and up to approval of a commercial cannabis activity described by this article.

3.

The planning director may waive this penalty for good cause as may be demonstrated by the property owner(s). A property owner's demonstration of good cause may include, but is not limited to, providing sufficient evidence to show the current property owner(s) did not own the property nor have any involvement with the verified cannabis related violation on the property or other good faith effort to comply with the county's ordinance.

I.

Relocation of a permitted commercial cannabis activity. In the event the permittee or successor in interest vacates and relocates the commercial cannabis activity to a new location, a new conditional use permit will need to be granted by the county in accordance with this ordinance prior to commencing operations at the new location.

J.

Hours of operation. A commercial cannabis activity operating as a cannabis retailer may be open to the public seven days a week only between the hours of 6:00 a.m. and 10:00 p.m. All other commercial cannabis activities may operate only during the hours specified in the conditional use permit granted by the county.

K.

Inspections. A commercial cannabis activity shall be subject to inspections by appropriate local and state agencies, including, but not limited to, the Riverside County Departments of Code Enforcement, Planning, Fire, Public Health, Environmental Health, the Agricultural Commissioner's Office and the Sheriff's Department.

L.

Monitoring program. Permittees of a commercial cannabis activity shall participate in the county's monitoring program to verify permit requirements such as, but not limited to, security measures, water use and State track-and-trace requirements.

M.

Restriction on alcohol and tobacco sales or consumption. Commercial cannabis activities shall not allow the sale, dispensing, or consumption of alcoholic beverages or tobacco on the site of the commercial cannabis activity.

N.

Restriction on consumption. Cannabis shall not be consumed or used on the lot of any commercial cannabis activity.

O.

Security. A commercial cannabis activity shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products, to deter and prevent the theft of cannabis or cannabis products at the commercial cannabis activity and to ensure emergency access in accordance with applicable Fire Code standards. Guard dogs shall not be used at the commercial cannabis activity as a security measure. Security measures shall include, but not be limited to, the following:

A plan to prevent individuals from loitering on the lot if they are not engaging in activity expressly related to the commercial cannabis activity.

2.

Twenty-four-hour emergency contact information for the owner or an on-site employee which shall be provided to the county.

3.

A professionally installed, maintained, and monitored alarm system.

4.

Except for live cannabis plants being cultivated at a cannabis cultivation facility and limited amounts of cannabis for display purposes, all cannabis and cannabis products shall be stored in a secured and locked structure and in a secured and locked safe room, safe, or vault, and in a manner as to prevent diversion, theft, and loss.

5.

Twenty-four-hour security surveillance cameras to monitor all entrances and exits to a commercial cannabis activity, all interior spaces within the commercial cannabis activity that are open and accessible to the public, and all interior spaces where cannabis, cash or currency is being stored for any period of time on a regular basis. The permittee for a commercial cannabis activity shall be responsible for ensuring that the security surveillance camera's footage is accessible. Video recordings shall be maintained for a minimum of ninety (90) days, and shall be made available to the county upon request.

6.

Sensors shall be installed to detect entry and exit from all secure areas.

7.

Panic buttons shall be installed in all commercial cannabis activities.

8.

Any bars installed on the windows or the doors of a commercial cannabis activity shall be installed only on the interior of the building.

9.

Security personnel must be licensed by the State of California Bureau of Security and Investigative Services.

10.

A commercial cannabis activity shall have the capability to remain secure during a power outage and all access doors shall not be solely controlled by an electronic access panel to ensure locks are not released

during a power outage.

11.

A commercial cannabis activity shall cooperate with the county and, upon reasonable notice to the commercial cannabis activity, allow the county to inspect or audit the effectiveness of the security plan for the commercial cannabis activity.

12.

The permittee for a commercial cannabis activity shall notify the Riverside County Sheriff's Department immediately after discovering any of the following:

a.

Significant discrepancies identified during inventory.

b.

Diversion, theft, loss, or any criminal activity involving the commercial cannabis activity or any agent or employee of the commercial cannabis activity.

c.

The loss or unauthorized alteration of records related to cannabis, registering qualifying patients, primary caregivers, or employees or agents of the commercial cannabis activity.

d.

Any other breach of security.

13.

Firearms shall not be permitted at a commercial cannabis activity by an owner, manager, employee, volunteer, independent contractor, or designee other than those individuals authorized as a state licensed security personnel.

14.

Cannabis or cannabis products shall not be stored outside at any time.

P.

Permit and license posting. The permittee shall post or cause to be posted at the commercial cannabis activity all required county and state permits and licenses to operate. Such posting shall be in a central location, visible to the patrons, and in all vehicles that deliver or transport cannabis.

Q.

Signage. Signage for a commercial cannabis activity shall comply with the following:

1.

In addition to the requirements set forth in this section and California Business and Professions Code Section 26152 as may be amended, business identification signage for a commercial cannabis activity shall comply with section 17.252.040 of this title.

2.

No commercial cannabis activity shall advertise by having a person or device holding a sign or an air dancer sign advertising the activity to passersby, whether such person, device or air dancer is on the lot of the commercial cannabis activity or elsewhere including, but not limited to, the public right-of-way.

3.

No commercial cannabis activity shall publish or distribute advertising or marketing that is attractive to children.

4.

No commercial cannabis activity shall advertise or market cannabis or cannabis products on motor vehicles.

5.

No sign shall advertise or market cannabis or cannabis products in a manner intended to encourage persons under 21 years of age to consume cannabis or cannabis products

6.

No signs placed on the lot of a commercial cannabis activity shall obstruct any entrance or exit to the building or any window.

7.

Each entrance to a commercial cannabis activity shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the lot of the commercial cannabis activity is prohibited.

8.

No banners, flags, billboards, or other prohibited signs may be used at any time.

R.

Records.

1.

Each owner and permittee of a commercial cannabis activity shall maintain clear and adequate records and documentation demonstrating that all cannabis or cannabis products have been obtained from and are provided to other permitted and licensed commercial cannabis activity operations. The county shall have

the right to examine, monitor, and audit such records and documentation, which shall be made available to the county upon written request.

2.

Each owner and permittee of a commercial cannabis activity shall maintain a current register of the names and contact information, including name, address, and telephone number, of anyone owning or holding an ownership interest in the commercial cannabis activity, and of all the officers, managers, employees, agents and volunteers currently employed or otherwise engaged by the commercial cannabis activity. The county shall have the right to examine, monitor, and audit such records and documentation, which shall be made available to the county upon request.

3.

All commercial cannabis activities shall maintain an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all cannabis and cannabis products for all stages of the growing and production or manufacturing, laboratory testing and distribution processes until purchase by or distribution to a qualified patient, primary caregiver for medical purposes or an adult 21 years of age or older who qualifies to purchase adult-use cannabis.

S.

Water. All commercial cannabis activities shall obtain a "will serve" letter from the applicable water purveyor, indicating agreement to supply water for the commercial cannabis activity. The letter shall include the activity proposed and any improvements required for service. For commercial cannabis activities where water service is not available, conditions from the department of environmental health for a permitted onsite, in-ground well will be required for the conditional use permit. Irrigation and domestic water supplies shall not include water transported by vehicle from off-site sources.

T.

Wastewater. All commercial cannabis activities shall obtain a "will serve" letter from the applicable sanitary sewer purveyor, indicating agreement to supply sewer for the commercial cannabis activity. The letter shall include the activity proposed and any improvements required for service. For commercial cannabis activities where sewer service is not available, conditions from the department of environmental health will be required for the conditional use permit. Where sanitary sewer is not available, the applicant shall obtain clearance from the appropriate regional water quality control board.

U.

Parking. Parking shall be provided in accordance with chapter 17.188 of this title.

V.

Visibility. In no case shall live cannabis plants be visible from a public or private road, sidewalk, park or common public viewing area.

W.

Hazardous materials. All commercial cannabis activities that utilize hazardous materials shall comply with applicable hazardous waste generator, Riverside County Ordinance No. 615, and hazardous materials handling, Riverside County Ordinance No. 651, requirements and maintain any applicable permits for these programs from the Riverside County Fire Department, the Riverside County Department of Environmental Health, the Riverside County Department of Waste Resources and the Agricultural Commissioner.

X.

Compliance with local and state laws and regulations.

1.

All commercial cannabis activities shall comply with all applicable local and state laws, ordinances and regulations related to, but not limited to, the following: the California Environmental Quality Act, California Building Code, California Fire Code, Riverside County Ordinance No. 787, Riverside County Ordinance No. 457, Riverside County Ordinance No. 657, Riverside County Ordinance No. 745, Airport Land Use Compatibility Plans, weights and measures regulations, track and trace requirements, pesticide use, water quality, stormwater discharge and the grading of land.

2.

All buildings and structures, including greenhouse, hoop structures, or other similar structures shall comply with all applicable building, fire, and safety laws and regulations. All buildings and structures shall be reviewed by the Riverside County Building and Safety Department in accordance with the California Building Code and Riverside County Ordinance No. 457 and by the Riverside County Fire Department in accordance with Riverside County Ordinance No. 787 and the California Fire Code.

Y.

Material alterations to premises. No physical change, alteration, or modification shall be made to a premises without first obtaining the appropriate approvals from the county, including but not limited a substantial conformance or revised permit and all other necessary permits. Alterations or modifications requiring approval include, without limitation: (i) the removal, creation, or relocation of a common entryway, doorway, passage, or a means of public entry or exit, when such common entryway, doorway, or passage alters or changes limited-access areas within the premises; (ii) the removal, creation, addition, or relocation of a cannabis cultivation area; (iii) or the addition or alteration of a water supply. The requirement of this

section is in addition to compliance with any other applicable state or local law or regulation pertaining to approval of building modifications, zoning, and land use requirements. In the event that the proposed modification requires a new or modified conditional use permit such permit must be obtained prior to issuance of building permits.

Z.

Multiple commercial cannabis activities. Multiple commercial cannabis activities may be allowed on the same lot provided the proposed activities are allowed in the zone classification and meet all requirements in this article and state law.

(Ord. No. 348.4997, § 4, 3-28-2023)

17.302.070 - Public hearing and requirements for approval.

A.

A public hearing shall be held on the application for a conditional use permit in accordance with the provisions of chapter 17.192 of this title and all of the procedural requirements and rights of appeal set forth therein shall govern the public hearing.

B.

No conditional use permit for a commercial cannabis activity shall be approved unless the following findings are made:

1.

The permit is consistent with the general plan, any applicable specific plan, and the zoning classification.

2.

The permit complies with the requirements of chapter 17.188, chapter 17.200, section 17.302.060, as applicable, of this title.

3.

The permit complies with all the requirements and findings of this chapter for the applicable the commercial cannabis activity(ies).

4.

The permit complies with the development standards for the zoning classification in which the commercial cannabis activity is located.

5.

The permit will not be detrimental to the public health, safety or general welfare.

C.

Conditional use permits shall be subject to all conditions necessary or convenient to assure that the commercial cannabis activity will satisfy the requirements of this chapter.

(Ord. No. 348.4997, § 4, 3-28-2023)

17.302.080 - Permit expiration and request for renewal after expiration.

All conditional use permits granted for a commercial cannabis activity shall expire and become null and void as provided in each permit's conditions of approval and development agreement.

(Ord. No. 348.4997, § 4, 3-28-2023)

Notwithstanding any other provision of this chapter, outdoor cannabis cultivation of mature cannabis plants is prohibited in all zone classifications.

(Ord. No. 348.4997, § 4, 3-28-2023)

A.

Zoning. Notwithstanding any other provision of this chapter, indoor cannabis cultivation is allowed as follows:

1.

Specialty cottage indoor cannabis cultivation. Specialty cottage indoor cannabis cultivation is allowed in the following zone classifications with an approved conditional use permit in accordance with chapter 17.200 of this title: C-1/C-P, C-P-S, I-P, M-SC, M-M, M-H, A-1, A-P, A-2 and A-D.

2.

Specialty indoor cannabis cultivation. Specialty indoor cannabis cultivation is allowed in the following zone classifications with an approved conditional use permit in accordance with chapter 17.200 of this title: C- 1/C-P, C-P-S, I-P, M-SC, M-M, M-H, A-1, A-P, A-2 and A-D.

3.

Small indoor cannabis cultivation. Small indoor cannabis cultivation is allowed in the following zone classifications with an approved conditional use permit in accordance with chapter 17.200 of this title: C- 1/C-P, C-P-S, I-P, M-SC, M-M, M-H, A-1, A-P, A-2, and A-D.

4.

Medium indoor cannabis cultivation. Medium indoor cannabis cultivation is allowed on lots one gross acre or more in the following zone classifications with an approved conditional use permit in accordance with chapter 17.200 of this title: I-P, M-S-C, M-M and M-H.

B.

Size limitations.

1.

All indoor cannabis cultivations shall not exceed the canopy size threshold established by state law.

2.

The canopy size does not include immature live cannabis plants that are not flowering. Pursuant to state law, should a live cannabis plant outside of the canopy area(s) begin to flower, a plant tag shall be applied, the live cannabis plant shall be moved to a designated canopy area, and reported in the track and trace system without delay.

3.

The canopy size on a lot for a specialty cottage indoor cannabis cultivation shall not exceed five hundred (500) square feet.

4.

The canopy size on a lot for a specialty indoor cannabis cultivation shall not exceed five thousand (5,000) square feet.

5.

The canopy size on a lot for a small indoor cannabis cultivation shall not exceed ten thousand (10,000) square feet.

6.

The canopy size on a lot for a medium indoor cannabis cultivation shall not exceed twenty-two thousand (22,000) square feet except as provided for in subsection 17.302.100.B.7.

7.

Multiple indoor cannabis cultivations may operate on a single lot provided all the following is complied with:

a.

A conditional use permit has been granted for indoor cannabis cultivation and specifies the number and size of each proposed licensed premises.

b.

The individual canopy size for each indoor cannabis cultivation operation complies with state law, and the cumulative canopy area for all the indoor cannabis cultivation operations on one lot does not exceed the total amount of forty-three thousand five hundred sixty (43,560) square feet.

8.

For properties with an approved conditional use permit for indoor cannabis cultivation and cannabis wholesale nursery, the calculated canopy size for indoor cannabis cultivation does not include the area of the property for the cannabis wholesale nursery.

(Ord. No. 348.4997, § 4, 3-28-2023)

17.302.110 - Mixed light cannabis cultivation.

A.

Zones. Notwithstanding any other provision of this chapter, mixed light cannabis cultivation is allowed as follows:

Specialty cottage mixed light cannabis cultivation. Specialty cottage mixed light cannabis cultivation is allowed on lots of one gross acre or more in the following zone classifications with an approved conditional use permit in accordance with chapter 17.200 of this title: A-1, A-P, A-2 and A-D.

2.

Specialty mixed light cannabis cultivation. Specialty mixed light cannabis cultivation is allowed on lots of one and one-half gross acres or more in the following zone classifications with an approved conditional use permit in accordance with chapter 17.200 of this title: A-1, A-P, A-2 and A-D.

3.

Small mixed light cannabis cultivation. Small mixed light cannabis cultivation is allowed on lots of two and one-half gross acres in the following zone classifications with an approved conditional use permit in accordance with chapter 17.200 of this title: A-1, A-P, A-2 and A-D.

4.

Medium mixed light cannabis cultivation. Medium mixed light cannabis cultivation is allowed on lots of five gross acres or more in the following zone classifications with an approved conditional use permit in accordance with chapter 17.200 of this title: A-1, A-2.

B.

Size limitations.

1.

A mixed light cannabis cultivation shall not exceed the canopy size threshold established by state law.

2.

The canopy size does not include immature live cannabis plants that are not flowering. pursuant to state law, should a live cannabis plant outside of the canopy area(s) begin to flower, a plant tag shall be applied, the live cannabis plant shall be moved to a designated canopy area, and reported in the track and trace system without delay.

3.

The canopy size on a single lot for a specialty cottage mixed light cannabis cultivation shall not exceed two thousand five hundred (2,500) square feet.

4.

The canopy size on a single lot for a specialty mixed light cannabis cultivation shall not exceed five thousand (5,000) square feet.

5.

The canopy size on a single lot for a small mixed light cannabis cultivation shall not exceed ten thousand (10,000) square feet.

6.

The canopy size on a single lot for a medium mixed light cannabis cultivation shall not exceed twenty-two thousand (22,000) square feet except as provided for in subsection 17.302.100.B.7.

7.

Multiple mixed light cannabis cultivation operations may operate on a single lot provided all the following is complied with:

a.

A conditional use permit has been granted for mixed light cannabis cultivation and specifies the number and size of each proposed licensed premises.

b.

The individual canopy size for each mixed light cannabis cultivation operation complies with state law and the cumulative canopy area for all the mixed light cannabis cultivation operations does not exceed the total amount of forty-three thousand five hundred sixty (43,560) square feet.

8.

For properties with an approved conditional use permit for mixed light cannabis cultivation and cannabis wholesale nursery, the calculated canopy size for mixed light cannabis cultivation does not include the area of the property for the cannabis wholesale nursery.

(Ord. No. 348.4997, § 4, 3-28-2023)

In addition to the approval requirements in section 17.302.070 of this chapter and the development standards in the applicable zoning classification, cannabis cultivation operations shall comply with the standards provided below. If there is an inconsistency between the development standards of the zone classification and these standards, the more restrictive standard applies.

A.

Location requirements.

1.

Indoor and mixed light cannabis cultivation shall not be located within one thousand (1,000) feet of any child day care center, K-12 school, public park, or youth center. This distance shall be measured from the nearest points of the respective property lines using a direct straight-line measurement without regard to intervening structures, as specified in subdivision (b) of Section 26054 of the Business and Professions Code. A new adjacent use will not affect the continuation of an existing legal use that has been established

under this article and continuously operating in compliance with the conditional use permit, and local and state laws and regulations. This location requirement may be modified with the approval of a variance pursuant to chapter 17.196 of this title. In no case shall the distance be less than allowed by state law.

2.

Indoor cannabis cultivation and mixed light cannabis cultivation are not allowed in an established agricultural preserve or on a lot under a land conservation contract pursuant to the Williamson Act. Indoor cannabis cultivation and mixed light cannabis cultivation shall not be considered agriculture for the purposes of Ordinance No. 625 the county's right-to-farm ordinance.

3.

All cannabis cultivation is prohibited on natural slopes twenty-five (25) percent or greater.

B.

Minimum lot size.

1.

Minimum lot size for indoor cannabis cultivation. The minimum lot size for indoor cannabis cultivation is provided below:

2.

Minimum lot size for mixed light cannabis cultivation. The minimum lot size for mixed light cannabis cultivation is provided below:

C.

Minimum lot dimensions. The minimum average lot width for mixed light cannabis cultivation lots shall be one hundred fifty (150) feet.

D.

Setbacks.

1.

Indoor cannabis cultivation: All indoor cannabis cultivation shall comply with the setback standards for the zone classification in which they are located.

2.

Mixed light cannabis cultivation:

a.

Except for medium mixed light cannabis cultivation, the cannabis cultivation area for mixed light cannabis cultivation shall be setback a minimum of fifty (50) feet from all lot lines and public rights-of-way.

b.

The cannabis cultivation area for medium mixed light cannabis cultivation shall be setback a minimum of one hundred (100) feet from all lot lines and public rights-of-way.

c.

The cannabis cultivation area for all mixed light cannabis cultivation shall be located a minimum of fifty (50) feet from the drip line of any riparian vegetation of any watercourse.

d.

All hoop structures, greenhouses and other similar structures used for all mixed light cannabis cultivation shall be separated by a minimum of six feet.

e.

When adjacent to a residentially zoned lot, the cannabis cultivation area for all mixed light cannabis cultivation shall be setback a minimum of one hundred (100) feet from the adjacent residentially zoned lot lines.

Setbacks may be modified with an approved setback adjustment in accordance with section 17.172.220 of this title. In no case shall a setback be less than the setbacks required by the State of California Department of Food and Agriculture or other applicable state law.

E.

Screening and fencing. All mixed light cannabis cultivation shall occur within a secure fence at least six feet in height that fully encloses the cannabis cultivation premises or cannabis cultivation area and prevents easy access to the cannabis cultivation area. The fence must be solid, durable and include a lockable gate(s) that is locked at all times, except for during times of active ingress and egress. Fences shall be separated by a minimum of six feet from all cultivation structures, providing a clear six-foot path. The fence shall comply with all other applicable county ordinances, policies, and design standards related to height, location, materials, or other fencing restrictions. Cannabis cultivation areas shall not be secured by fences with barbed wire or screened with plastic sheeting on chain link. Chain link with slats is allowed.

F.

Enclosures.

1.

Cannabis cultivation operations shall occur within a fully enclosed permitted building, greenhouse, hoop structure, or other similar structure. Mixed light supplemental lighting shall not exceed twenty-five (25) watts per square foot to be used up to one hour before sunrise or after sunset, unless the building or structure is equipped with light-blocking measures to ensure that no light escapes.

2.

All greenhouses, hoop structures, or other similar structures shall comply with section 17.302.060.X. of this chapter.

G.

Energy conservation measures. All cannabis cultivation operations shall include adequate measures to address the projected energy demand for cannabis cultivation at the lot. On-site renewable energy generation shall be required for all indoor cannabis cultivation operations. renewable energy systems shall be designed to comply with the county's climate action plan and all state laws, mandates, and regulations regarding electrical power and solar, including the requirements of the California Energy Code. If there is a difference between the requirements of the county's climate action plan and any state law, mandate, or regulation, the cannabis cultivation operation shall comply with whichever requirement is greater.

H.

Water conservation measures. All cannabis cultivation operations shall include adequate measures that minimize use of water for cultivation on the lot. Water conservation measures, water capture systems, or grey water systems shall be incorporated into the operations in order to minimize use of water where feasible.

I.

Operations.

1.

Indoor cannabis cultivation shall be within a fully enclosed building or buildings.

2.

All cannabis cultivation lighting shall be fully shielded, downward casting and not spill over onto structures, other properties or the night sky. All indoor cannabis cultivation and mixed light cannabis cultivation operations shall be fully contained so that little to no light escapes. Light shall not escape at a level that is visible from neighboring properties between sunset and sunrise.

3.

All cannabis cultivation operations shall accumulate or store garbage and refuse in a nonabsorbent, watertight, vector resistant, durable, easily cleanable, galvanized metal or heavy plastic containers with tight fitting lids. No refuse container shall be filled beyond the capacity to completely close the lid. All garbage and refuse on the site shall not be accumulated or stored for more than seven calendar days, and shall be properly disposed of before the end of the seventh day. All waste, including but not limited to refuse, garbage, green waste and recyclables, must be disposed of in accordance with county and state laws and regulations. All waste generated from cannabis cultivation operations must be properly stored and secured to prevent access from the public.

4.

Onsite generators are prohibited, except as a source of energy in an emergencies. Onsite generators for emergency use shall be included in the conditional use permit.

5.

Cannabis cultivation within the A-1, A-P, A-2, and A-D zones shall not include the retail sales of cannabis or cannabis products.

J.

Transport-only distribution. Cannabis cultivation operations with an approved conditional use permit may transport the cannabis the licensee has cultivated to another commercial cannabis activity licensee, only if the cannabis cultivation operator also has an approved transport-only distribution license in accordance with California Code of Regulations Section 15315 and all other applicable state law. This type of transportonly distribution is not considered cannabis distribution for the purposes of this chapter.

K.

Findings. In addition to the requirements for approval in section 17.302.070 of this chapter, no conditional use permit shall be approved or conditionally approved unless the following findings are made:

1.

The indoor cannabis cultivation or mixed light cannabis cultivation complies with all the requirements of the state and county for cannabis cultivation.

2.

The indoor cannabis cultivation or mixed light cannabis cultivation is not located within one thousand (1,000) feet from any child day care center, K-12 school, public park, or youth center or a variance in accordance with chapter 17.196 of this title has been approved allowing a shorter distance, but not less than allowed by state law. The distance is measured in accordance with subsection 17.302.120.A.1.

3.

The indoor cannabis cultivation or mixed light cannabis cultivation includes adequate measures that minimize use of water for cultivation on the lot.

4.

The indoor cannabis cultivation or mixed light cannabis cultivation includes adequate quality control measures to ensure cultivation on the lot meets state and county regulatory standards.

5.

The indoor cannabis cultivation or mixed light cannabis cultivation includes adequate measures that address enforcement priorities for cultivation including restricting access to minors, and ensuring that cannabis is not supplied to unlicensed or unpermitted persons.

6.

The indoor cannabis cultivation or mixed cannabis cultivation will operate in a manner that prevents cannabis odors from being detected offsite.

(Ord. No. 348.4997, § 4, 3-28-2023)

17.302.130 - Cannabis wholesale nurseries.

A.

Applicability. Notwithstanding any other provision of this chapter, cannabis wholesale nurseries are allowed as follows:

1.

Outdoor cannabis wholesale nurseries. Outdoor cannabis wholesale nurseries are allowed on lots larger than or equal to two gross acres in the following zone classifications with an approved conditional use permit in accordance with chapter 17.200 of this title: A-1, A-P, A-2 and A-D.

2.

Indoor cannabis wholesale nurseries. Indoor cannabis wholesale nurseries are allowed in the following zone classifications with an approved conditional use permit in accordance with chapter 17.200 of this title: I-P,

M-SC, M-M and M-H.

3.

Mixed light cannabis wholesale nurseries. Mixed light cannabis wholesale nurseries are allowed on lots larger than or equal to one gross acre in the following zone classifications with an approved conditional use permit in accordance with section 17.200 of this title: A-1, A-P, A-2 and A-D.

(Ord. No. 348.4997, § 4, 3-28-2023)

In addition to the approval requirements in section 17.302.070 of this chapter and the development standards for the applicable zoning classification, cannabis wholesale nurseries shall comply with the standards provided below. If there is an inconsistency between the development standards of the zone classification and these standards, the more restrictive standard applies.

A.

General location. Cannabis wholesale nurseries shall not be located within six hundred (600) feet from any child day care center, K-12 school, public park, or youth center. This distance shall be measured from the nearest points of the respective property lines using a direct straight-line measurement without regard to intervening structures, as specified in subdivision (b) of Section 26054 of the Business and Professions Code. A new adjacent use will not affect the continuation of an existing use that has been established under this article and continuously operating in compliance with the conditional use permit, and local and State laws and regulations. This location meets the minimum requirements of state law and may not be modified with approval of a variance.

B.

Minimum lot size.

1.

Minimum lot size for outdoor cannabis wholesale nurseries. The minimum lot size for outdoor cannabis wholesale nurseries is listed below:

2.

Minimum lot size for indoor cannabis wholesale nurseries. The minimum lot size for indoor cannabis wholesale nurseries is listed below:

3.

Minimum lot size for mixed light cannabis wholesale nurseries. The minimum lot size for mixed light cannabis wholesale nurseries is listed below:

C.

Minimum lot dimensions. The minimum average lot width for cannabis wholesale nurseries shall be one hundred fifty (150) feet.

D.

Setbacks.

1.

The premises for all cannabis wholesale nurseries shall be setback a minimum of fifty (50) feet from the lot lines and public rights-of-way.

2.

The premises for all outdoor and mixed light cannabis wholesale nurseries shall be setback a minimum of fifty (50) feet from the drip line of any riparian vegetation of any watercourse.

3.

Setbacks may be modified with the approval of a setback adjustment in accordance with section 17.172.220 of this title. In no case shall a setback be less than setbacks required by the State of California Department of Food and Agriculture or other applicable state law.

E.

Screening and fencing. Live cannabis plants shall not be visible from outside of the lot for a cannabis wholesale nursery. All cannabis wholesale nursery activities shall occur within a secure fence at least six feet in height that fully encloses the premises of the cannabis wholesale nursery and prevents easy access

to the premises. The fence must be solid, durable and include a lockable gate(s) that is locked at all times, except for during times of active ingress and egress. Fences shall be separated by a minimum of six feet from all cannabis wholesale nursery structures, providing a clear six foot path. The fence shall comply with all other applicable county ordinances, policies, and design standards related to height, location, materials, or other fencing restrictions. Cannabis wholesale nursery premises shall not be secured by fences with barbed wire or screened with plastic sheeting on chain link. chain link with slats is allowed.

F.

Mature cannabis plants.

1.

Mature cannabis plants as defined by the California Department of Food and Agriculture are not allowed to be grown, kept, stored or sold in the cannabis wholesale nursery area of the property.

2.

For properties with an approved conditional use permit for cannabis wholesale nursery and indoor cannabis cultivation and/or mixed light cannabis cultivation, mature cannabis plants shall not be grown, kept, stored or sold in the cannabis wholesale nursey area of the property.

3.

Exception: Mature cannabis plants may be kept at the cannabis wholesale nursery for seed production and/or research and development, as allowed by state law.

G.

Enclosures.

1.

Except for outdoor cannabis wholesale nurseries, operations shall occur within a fully enclosed permitted building, greenhouse, hoop structure, or other similar structure. Mixed light supplemental lighting shall not exceed twenty-five (25) watts per square foot to be used up to one hour before sunrise or after sunset, unless the building or structure is equipped with light-blocking measures to ensure that no light escapes.

2.

All greenhouses, hoop structures, or other similar structures shall comply with section 17.302.060.X. of the chapter.

H.

Energy conservation measures. Cannabis wholesale nurseries shall include adequate measures to address the projected energy demand for cannabis cultivation on the lot. On-site renewable energy generation shall be required for all indoor cannabis wholesale nursery operations. Renewable energy systems shall be designed to comply with the county's climate action plan and all state laws, mandates, and regulations regarding electrical power and solar, including the requirements of the California Energy Code. If there is a

difference between the requirements of the county's climate action plan and any state law, mandate, or regulation, the cannabis cultivation operation shall comply with whichever requirement is greater.

I.

Water conservation measures. Cannabis Wholesale nursery operations shall include adequate measures that minimize use of water for Cannabis Cultivation at the site. Water conservation measures, water capture systems, or grey water systems shall be incorporated into cannabis cultivation in order to minimize use of water where feasible.

J.

Transport-only distribution. Cannabis wholesale nursery operations with an approved conditional use permit may transport the cannabis the licensee has cultivated to another commercial cannabis activity licensee, only if the operator also has an approved transport-only distribution license in accordance with California Code of Regulations Section 15315 and all other applicable state law. This type of transport-only distribution is not considered cannabis distribution for the purposes of this article.

K.

Findings. In addition to the requirements for approval in section 17.302.070 of this chapter, no conditional use permit shall be approved or conditionally approved unless the following findings are made:

1.

The cannabis wholesale nursery complies with all the requirements of the state and county for the cultivation of cannabis and cannabis wholesale nurseries.

2.

The cannabis wholesale nursery is not located within six hundred (600) feet from any child day care center, K-12 school, public park, or youth center. The distance is measured in accordance with subsection A. This location meets the minimum requirements of state law and may not be modified with approval of a variance.

3.

The cannabis wholesale nursery includes adequate measures that minimize use of water for activities at the site.

4.

The cannabis wholesale nursery includes adequate quality control measures to ensure cannabis kept on the lot meets state regulatory standards.

5.

The cannabis wholesale nursery includes adequate measures that address enforcement priorities for cannabis activities including restricting access to minors, and ensuring that cannabis and cannabis

products are not supplied to unlicensed or unpermitted persons within the state and not distributed out of state.

6.

The cannabis wholesale nursery will operate in a manner that prevents cannabis odors from being detected offsite.

(Ord. No. 348.4997, § 4, 3-28-2023)

17.302.150 - Cannabis manufacturing facilities.

A.

Applicability. Notwithstanding any other provision of this chapter, cannabis manufacturing facilities are allowed as follows:

1.

Non-volatile cannabis manufacturing facility. Non-volatile cannabis manufacturing facilities for extractions using mechanical methods or using non-volatile solvents, requiring a Type 6 state license, are allowed in the following zones with an approved conditional use permit in accordance with chapter 17.200 of this title: I-P, M-SC, M-M and M-H. These facilities may also conduct infusion operations and packaging and labeling of cannabis products.

2.

Type N cannabis manufacturing facilities. Cannabis manufacturing facilities that produce edible cannabis products or topical cannabis products using infusion processes, or other types of cannabis products other than extracts or concentrates, requiring a Type N state license, are allowed in the following zones with an approved conditional use permit in accordance with chapter 17.200 of this title: C-1/C-P, C-P-S, I-P, M-SC, M-M, M-H, and M-U. These facilities may also package and label cannabis products.

3.

Type P cannabis manufacturing facilities. Cannabis manufacturing facilities that only package or repackage cannabis products or label or relabel the cannabis product container or wrapper, requiring a Type P state license, are allowed in the following zones with an approved conditional use permit in accordance with chapter 17.200 of this title: C-1/C-P, C-P-S, I-P, M-SC, M-M M-H, and M-U.

4.

Volatile cannabis manufacturing facility. Cannabis manufacturing facilities involving volatile processes or substances, requiring a Type 7 volatile manufacturing state license, are allowed in the following zones with an approved conditional use permit in accordance with chapter 17.200 of this title: I-P, M-SC, M-M and M- H. A volatile cannabis manufacturing facility may also conduct extractions using nonvolatile solvents or mechanical methods, conduct infusion operations and conduct packaging and labeling of cannabis products.

5.

Shared-use cannabis manufacturing facility. A shared-use cannabis manufacturing facility is allowed in the following zones with an approved conditional use permit in accordance with chapter 17.200 of this title: I-P, M-SC, M-M and M-H. A shared-use cannabis manufacturing facility may include the following facilities: a non-volatile cannabis manufacturing facility, an infusion only cannabis manufacturing facility or a volatile cannabis manufacturing facility. The conditional use permit for a shared-use cannabis manufacturing facility shall identify the types of facilities operating at the shared-use cannabis manufacturing facility.

(Ord. No. 348.4997, § 4, 3-28-2023)

In addition to the approval requirements in section 17.302.070 of this title and the development standards for the applicable zoning classification, cannabis manufacturing facilities shall comply with the standards provided below. If there is an inconsistency between the development standards of the zone classification and these standards, the more restrictive standard applies.

A.

General location. Cannabis manufacturing facilities shall not be located within six hundred (600) feet from any child day care center, K-12 school, public park, or youth center. This distance shall be measured from the nearest points of the respective property lines using a direct straight-line measurement without regard to intervening structures, as specified in subdivision (b) of Section 26054 of the Business and Professions Code. A new adjacent use will not affect the continuation of an existing legal use that has been established under this article and continuously operating in compliance with the conditional use permit, and local and state laws and regulations. This location meets the minimum requirements of State law and may not be modified with approval of a variance.

B.

Minimum lot size. The minimum lot size for a cannabis manufacturing facility shall be ten thousand (10,000) square feet.

C.

Setbacks.

1.

Cannabis manufacturing facilities shall comply with the setback standards for the zone classification in which they are located, except volatile and shared-use cannabis manufacturing facilities shall also be setback from a residential zone a minimum of forty (40) feet, which may include landscaping as required.

2.

Setbacks may be modified with an approved setback adjustment in accordance with section 17.172.220 of this title. In no case shall a setback be less than setbacks required by the State of California Department of Cannabis Control, the California Building Code, Ordinance No. 457, or other applicable State law.

D.

Limitation on the manufacturing of edible cannabis products. Cannabis manufacturing facilities shall not manufacture edible cannabis products in the shape of animals, people, insects, or fruit.

E.

Operations.

1.

Any compressed gases used in the manufacturing process shall not be stored on any lot in containers that exceeds the amount which is approved by the Riverside County Fire Department and authorized by the conditional use permit.

2.

Closed loop systems for compressed gas extraction systems must be commercially manufactured, bear a permanently affixed and visible serial number and certified by an engineer licensed by the State of California that the system was commercially manufactured, is safe for its intended use, and was built to codes of recognized and generally accepted good engineering practices.

3.

Cannabis manufacturing facilities shall have a training program for persons using solvents or gases in a closed looped system to create cannabis extracts on how to use the system, to access applicable material safety data sheets and to handle and store the solvents and gases safely.

F.

Transport-only distribution. Cannabis manufacturing facilities with an approved conditional use permit may transport cannabis products the licensee has manufactured to another commercial cannabis activity licensee, only if the cannabis manufacturing facility operator also has an approved transport-only distribution license in accordance with California Code of Regulations Section 15315 and all other applicable state law. This type of transport-only distribution is not considered cannabis distribution for the purposes of this article.

G.

Findings. In addition to the requirements for approval in section 17.302.070 of this chapter, no conditional use permit shall be approved or conditionally approved unless the following findings are made:

1.

The cannabis manufacturing facility complies with all the requirements of the state and county for the manufacturing of cannabis.

2.

The cannabis manufacturing facility does not pose a significant threat to the public or to neighboring uses from explosion or from release of harmful gases, liquids, or substances.

3.

The cannabis manufacturing facility includes adequate quality control measures to ensure cannabis manufactured at the facility meets industry standards and includes a documented employee safety training program, a Materials Data Safety Sheet, and meets all requirements in Health and Safety Code section 11362.775, as it may be amended from time to time.

4.

The cannabis manufacturing facility includes adequate measures that address enforcement priorities for cannabis activities including restricting access to minors, and ensuring that cannabis and cannabis products are obtained from and supplied only to other permitted licensed sources within the state and not distributed out of state.

5.

The cannabis manufacturing facility is not located within 600 feet from any child day care center, K-12 school, public park, or youth center. The distance is measured in accordance with subsection A. This location meets the minimum requirements of state law and may not be modified with approval of a variance.

(Ord. No. 348.4997, § 4, 3-28-2023)

17.302.170 - Cannabis testing facilities.

A.

Applicability. Notwithstanding any other provision of this chapter, cannabis testing facilities are allowed in the following zone classifications with an approved conditional use permit in accordance with chapter 17.200 of this title: C-1/C-P, C-P-S, I-P, M-SC, M-M, and M-H.

B.

No multiple use permits. No other commercial cannabis activity shall be allowed on a lot that has an approved conditional use permit for a cannabis testing facility.

(Ord. No. 348.4997, § 4, 3-28-2023)

In addition to the approval requirements in section 17.302.070 of this chapter and the development standards for the applicable zoning classification, cannabis testing facilities shall comply with the standards provided below. If there is an inconsistency between the development standards of the zone classification and these standards, the more restrictive standard applies.

A.

General location. Cannabis Testing Facilities shall not be located within six hundred (600) feet from any child day care center, K-12 school, public park, or youth center. This distance shall be measured from the nearest points of the respective property lines using a direct straight-line measurement without regard to intervening structures, as specified in subdivision (b) of Section 26054 of the Business and Professions Code. A new adjacent use will not affect the continuation of an existing legal use that has been established under this article and continuously operating in compliance with the conditional use permit, and local and state laws and regulations. This location meets the minimum requirements of state law and may not be modified with approval of a variance.

B.

Setbacks.

1.

Cannabis testing facilities shall comply with the setback standards for the zone classification in which they are located.

2.

Setbacks may be modified with an approved setback adjustment in accordance with section 17.172.220 of this title. In no case shall a setback be less than setbacks required by the State of California Department of Cannabis Control, the California Building Code, Ordinance No. 457, or other applicable state law.

C.

Operations.

1.

Cannabis testing facilities shall be required to conduct all testing in a manner pursuant to Business and Professions Code Section 26100 and shall be subject to state and local law and regulations.

2.

Cannabis testing facilities shall not be open to the public.

D.

Findings. In addition to the requirements for approval in section 17.302.507 of this chapter, no conditional use permit shall be approved or conditionally approved unless the following findings are made:

1.

The cannabis testing facility complies with all the applicable requirements of the state and county for the testing of cannabis.

2.

The owners, permittees, operators, and employees of the cannabis testing facility are not associated with any other commercial cannabis activity.

3.

The cannabis testing facility is accredited by an appropriate accrediting agency as approved by the state and in compliance with the California Code of Regulations.

4.

The cannabis testing facility's operating plan demonstrates proper protocols and procedures for statistically valid sampling methods and accurate certification of cannabis and cannabis products for potency, purity, pesticide residual levels, mold, and other contaminants according to adopted industry standards.

5.

The cannabis testing facility includes adequate measures that address enforcement priorities for cannabis activities including restricting access to minors, and ensuring that cannabis and cannabis products are obtained from and supplied only to other permitted licensed sources within the state and not distributed out of state.

6.

The cannabis testing facility is not located within six hundred (600) feet from any child day care center, K-12 school, public park, or youth center. The distance is measured in accordance with section 17.302.180.A. This location meets the minimum requirements of state law and may not be modified with approval of a variance.

(Ord. No. 348.4997, § 4, 3-28-2023)

A.

Applicability. Notwithstanding any other provision of this chapter, cannabis retailers are allowed as follows:

1.

Cannabis retailer—Non-storefront. Non-storefront cannabis retailers within a permanent structure are allowed in the following zone classifications with an approved conditional use permit in accordance with chapter 17.200 of this title: C-1/C-P, C-P-S, I-P, M-SC, M-M, M-H, and M-U.

2.

Cannabis retailer—Storefront. Storefront cannabis retailers within a permanent structure are allowed in the following zones with an approved conditional use permit in accordance with chapter 17.200 of this title: C- 1/C-P, C-P-S, I-P, M-SC, M-M, M-H, and M-U.

Mobile cannabis retailers are prohibited in all zone classifications.

(Ord. No. 348.4997, § 4, 3-28-2023)

In addition to the approval requirements in section 17.302.507 of this chapter and development standards for the applicable zoning classification, cannabis retailers shall comply with the standards provided below. If there is an inconsistency between the development standards of the zone classification and these standards, the more restrictive standard applies.

A.

General location.

1.

Cannabis retailers shall not be located within one thousand (1,000) feet from any child day care center, K- 12 school, public park, or youth center. This distance shall be measured from the nearest points of the respective property lines using a direct straight-line measurement without regard to intervening structures, as specified in subdivision (b) of Section 26054 of the Business and Professions Code. A new adjacent use will not affect the continuation of an existing legal use that has been established under this article and continuously operating in compliance with the conditional use permit, and local and state laws and regulations. This location requirement may be modified with the approval of a variance pursuant to chapter 17.196 of this title. In no case shall the distance be less than allowed by state law.

2.

Cannabis retailers shall not be located within one thousand (1,000) feet of any other cannabis retailer.

3.

Cannabis retailers shall not be located within five hundred (500) feet of a smoke shop or similar facility.

4.

Cannabis retailers shall not be located on a lot containing a residential dwelling unit.

B.

Setbacks.

1.

Cannabis retailers shall comply with the setback standards for the zone classification in which they are located.

2.

Setbacks may be modified with an approved setback adjustment in accordance with section 17.172.220 of this title. In no case shall a setback be less than setbacks required by the State of California Department of

Cannabis Control, California Building Code, Ordinance No. 457, or other applicable State law.

C.

Concentration limits.

1.

Limits.

a.

The number of cannabis retailers located within a commercial retail corridor is limited to one for each two thousand (2,000) inhabitants of the census tract in which the cannabis retailers are located.

b.

The number of cannabis retailers located within a commercial retail corridor may be increased to one for each one thousand (1,000) inhabitants of the census tract in which the cannabis retailer is located with a finding of public convenience or necessity as provided in this article.

c.

The United States Census Bureau shall be the source of authority for determining the number of inhabitants (population) per census tract.

2.

Public convenience or necessity finding. Applicants seeking a conditional use permit for a cannabis retailer within a commercial retail corridor that is determined to be an unduly concentrated corridor may request the board of supervisors find that the proposed cannabis retailer would serve as a public convenience or necessity.

a.

In order for a public convenience or necessity determination to be presented to the board of supervisors, applicants shall demonstrate both of the following:

1)

The addition of the proposed cannabis retailer will not result in a commercial retail corridor having a number of cannabis retailers greater than one for each one thousand (1,000) inhabitants of the census tract in which the cannabis retailer is located; and,

2)

The addition of the proposed cannabis retailer will not cause more than ten (10) percent or more of the commercially zoned properties, in gross acres, within the commercial retail corridor to be utilized for cannabis retailers.

b.

In order for a public convenience or necessity determination to be made by the board of supervisors, applicants shall demonstrate all of the following:

1)

The proposed cannabis retailer will not be detrimental to the character of development in the immediate neighborhood and will be in harmony with the overall objectives of the Riverside County General Plan.

2)

The addition of the proposed cannabis retailer will not increase the severity of existing law enforcement or public nuisance problems in the surrounding area with increased calls for service due to cannabis related complaints or criminal activity associated with cannabis.

3)

The community benefits of permitting an additional cannabis retailer outweigh any negative impacts to the community as a whole.

4)

Reasonable efforts were made to seek community input regarding the addition of the proposed cannabis retailer to the commercial retail corridor.

c.

In addition to the above requirements, applicants shall demonstrate at least one of the following:

1)

The proposed cannabis retailer serves an area of increased density or consumer traffic; including but not limited to adjacency to high population census tracts and/or distance away from sensitive uses or other special circumstances within the corridor, such that the proposed location would serve the public convenience or necessity by satisfying a higher demand for cannabis retail locations; or

2)

The proposed cannabis retailer is located in an area with a history of a high number of unpermitted cannabis retailers such that an additional permitted location would serve a public convenience or necessity by satisfying a higher demand for permitted cannabis retail locations and reduce patronage of unlicensed facilities.

D.

Operations.

1.

All cannabis retailers must conduct their operations within a permanent structure.

Non-storefront cannabis retailers are authorized to conduct cannabis deliveries only and shall be closed to the public.

3.

Cannabis retailers may include the sale of medicinal cannabis, requiring an M-license from the state. Cannabis retailers selling only medicinal cannabis shall verify consumers who enter the premises are at least 18 years of age and that they hold a valid physician's recommendation.

4.

Cannabis retailers may include the sale of adult-use cannabis, requiring an A-license from the state. Cannabis retailers selling only adult-use cannabis shall verify that consumers who enter the premises are at least 21 years of age.

5.

A cannabis retailers may include the sale of both medicinal cannabis and adult-use cannabis requiring both an A-license and an M-license from the state. All cannabis retailers selling both medicinal cannabis and adult-use cannabis shall verify that consumers who enter the premises are at least 18 years of age and that they hold a valid physician's recommendation or are at least 21 years of age.

6.

Display areas shall include the smallest amount of cannabis and cannabis products reasonably anticipated to meet sales during operating hours.

7.

Cannabis and cannabis products not in the display area shall be maintained in a locked secure area.

8.

Not more than ten (10) percent of the cannabis retailer floor area, up to a maximum of fifty (50) square feet, shall be used for the sale of incidental goods such as, but not limited to, clothing, posters, or non-cannabis goods.

9.

Restroom facilities shall be locked and under the control of the cannabis retailer.

10.

Cannabis retailers shall ensure that all cannabis and cannabis products held for sale by the cannabis retailer are cultivated, manufactured, transported, distributed, and tested by California licensed and permitted facilities that are in full conformance with state and local laws and regulations.

11.

Cannabis retailers shall not distribute any cannabis or cannabis product unless such products are labeled and in a tamper-evident package in compliance with the California Business and Professions Code and any additional rules promulgated by a licensing authority.

12.

Cannabis retailers shall not provide free samples of any type, including cannabis products, to any person and shall not allow any person to provide free samples on the cannabis retailer's lot.

13.

Deliveries of cannabis and cannabis products shall be to a customer at a physical address and conducted in accordance with California Business and Professions Code Section 26090 or as may be amended and all State laws and regulations pertaining to delivery of cannabis and cannabis products.

14.

Cannabis or cannabis products shall not be sold or delivered by any means or method to any person within a motor vehicle.

15.

Cannabis retailers shall not include a drive-in, drive-through or walk up window where retail sales of cannabis or cannabis products are sold to persons or persons within or about a motor vehicle.

E.

Deliveries. Cannabis retailers with an approved conditional use permit may provide cannabis deliveries consistent with state law. Cannabis delivery is not a separate commercial cannabis activity for the purposes of this article.

F.

Findings. In addition to the requirements for approval in section 17.302.507 of this title, no conditional use permit shall be approved or conditionally approved unless the following findings are made:

1.

The cannabis retailer complies with all the requirements of the state and county for the selling of cannabis.

2.

The non-storefront cannabis retailer is not open to the public.

3.

The cannabis retailer is not located within 1,000 feet from any child day care center, K-12 school, public park, or youth center or a variance in accordance with chapter 17.196 of this title has been approved allowing a shorter distance, but not less than allowed by state law. The distance is measured in accordance with subsection A.1.

4.

The cannabis retailer includes adequate measures that address enforcement priorities for commercial cannabis activities including restricting access to minors, and ensuring that cannabis and cannabis products are obtained from and supplied only to other permitted licensed sources within the state and not distributed out of state.

(Ord. No. 348.4997, § 4, 3-28-2023)

17.302.210 - Cannabis distribution facilities.

A.

Applicability. Notwithstanding any other provision of this chapter, cannabis distribution facilities are allowed in the following zone classifications with an approved conditional use permit in accordance with chapter 17.200 of this title: C-1/C-P, C-P-S, I-P, M-SC, M-M and M-H.

(Ord. No. 348.4997, § 4, 3-28-2023)

17.302.220 - Cannabis distribution facilities standards.

In addition to the approval requirements in section 17.302.070 of this chapter and development standards for the applicable zoning classification, cannabis distribution facilities shall comply with the standards provided below. If there is an inconsistency between the development standards of the zone classification and these standards, the more restrictive standard applies.

A.

General location. Cannabis distribution facilities shall not be located within six hundred (600) feet from any child day care center, K-12 school, public park, or youth center. This distance shall be measured from the nearest points of the respective property lines using a direct straight-line measurement without regard to intervening structures, as specified in subdivision (b) of Section 26054 of the Business and Professions Code. A new adjacent use will not affect the continuation of an existing legal use that has been established under this article and continuously operating in compliance with the conditional use permit, and local and state laws and regulations. This location meets the minimum requirements of State law and may not be modified with approval of a variance.

B.

Setbacks.

1.

Cannabis distributions facilities shall comply with the setback standards for the zone classification in which they are located.

2.

Setbacks may be modified with an approved setback adjustment in accordance with section 17.172.220 of this title. In no case shall a setback be less than setbacks required by the State of California Department of

Cannabis Control, the California Building Code, Ordinance No. 457, or other applicable state law.

C.

Operations.

1.

Cannabis and cannabis products shall only be transported between permitted and licensed commercial cannabis activities.

2.

In addition to the requirements of section 17.302.060.R., the following record keeping measures are required to be implemented for all cannabis distribution facilities:

a.

Prior to transporting cannabis or cannabis products, a shipping manifest shall be completed as required by state law and regulations.

b.

A copy of the shipping manifest shall be maintained during transportation and shall be made available upon request to law enforcement, or any agents of the state or county charged with enforcement.

c.

Cannabis distribution facilities shall maintain appropriate records of transactions and shipping manifests that demonstrate an organized method of storing and transporting cannabis and cannabis products to maintain a clear chain of custody.

3.

Cannabis distribution facilities shall ensure that appropriate samples of cannabis or cannabis products are tested by a permitted and licensed testing facility prior to distribution and shall maintain a copy of the test results in its files.

4.

Cannabis distribution facilities shall not be open to the public.

5.

Cannabis distribution facilities shall not transport or store non-cannabis goods.

D.

Findings. In addition to the requirements for approval in section 17.302.070 of this chapter, no conditional use permit shall be approved or conditionally approved unless the following findings are made:

The cannabis distribution facility complies with all the requirements of the state and county for cannabis distribution.

2.

The cannabis distribution facility's operating plan demonstrates proper protocols and procedures that address enforcement priorities for cannabis related activities including restricting access to minors, and ensuring that commercial cannabis activities and cannabis products are obtained from and supplied only to other permitted and licensed sources and not distributed out of state.

3.

The cannabis distribution facility is not located within 600 feet from any child day care center, K-12 school, public park, or youth center. The distance is measured in accordance with subsection A. This location meets the minimum requirements of State law and may not be modified with approval of a variance.

4.

The cannabis distribution facility is not open to the public.

(Ord. No. 348.4997, § 4, 3-28-2023)

17.302.230 - Cannabis microbusiness facilities.

A.

Applicability. Notwithstanding any other provision of this title, cannabis microbusiness facilities are allowed in the following zone classifications with an approved conditional use permit in accordance with chapter 17.200 of this title: C-1/C-P, C-P-S, I-P, M-SC, M-M, M-H, and M-U, except in the instance that a cannabis microbusiness facility includes manufacturing uses where such cannabis microbusiness facility is only allowed in the zone classifications specified in section 17.302.150.

(Ord. No. 348.4997, § 4, 3-28-2023)

17.302.240 - Cannabis microbusiness facilities standards.

In addition to the approval requirements in section 17.302.070 of this chapter and development standards for the applicable zoning classification, cannabis microbusiness facilities shall comply with the standards provided below. If there is an inconsistency between the development standards of the zone classification and these standards, the more restrictive standard applies.

A.

General location.

Cannabis microbusiness facilities that are not engaged as a cannabis retailer shall not be located within six hundred (600) feet from any child day care center, K-12 school, public park, or youth center. This location meets the minimum requirements of state law and may not be modified with approval of a variance.

2.

Cannabis microbusiness facilities that are engaged as a cannabis retailer with an approved conditional use permit shall not be located within one thousand (1,000) feet from any child day care center, K-12 school, public park, or youth center. This location requirement may be modified with the approval of a variance pursuant to chapter 17.196 of this chapter. In no case shall the distance be less than allowed by state law.

3.

The distance shall be measured from the nearest points of the respective property lines using a direct straight-line measurement without regard to intervening structures, as specified in subdivision (b) of Section 26054 of the Business and Professions Code.

4.

A new adjacent use will not affect the continuation of an existing legal use that has been established under this article and continuously operating in compliance with the conditional use permit, and local and state laws and regulations.

B.

Setbacks.

1.

Unless otherwise specified by this article, cannabis microbusiness facilities shall comply with the setback standards for the zone classification in which they are located.

2.

Setbacks may be modified with an approved setback adjustment in accordance with section 17.172.220 of this title. In no case shall a setback be less than setbacks required by the State of California Department of Cannabis Control, the California Building Code, Ordinance No. 457, or other applicable state law.

C.

Activities.

1.

Cannabis microbusiness facilities shall not transport or store non-cannabis goods.

2.

Cannabis microbusiness facilities may cultivate indoors, distribute, manufacture (with non-volatile compounds) and offer for retail cannabis under a single cannabis microbusiness facilities license issued by

the state.

3.

Cannabis microbusiness facilities may cultivate cannabis indoors in an area less than ten thousand (10,000) square feet.

4.

Cannabis microbusiness facilities shall include at least three of the following commercial cannabis activities, which shall be set forth in the conditional use permit:

a.

Indoor cannabis cultivation less than ten thousand (10,000) square feet.

b.

Cannabis manufacturing facility (with non-volatile compounds).

c.

Cannabis distribution facility.

d.

Cannabis retailer.

D.

Deliveries. Cannabis microbusiness facilities that are engaged as a cannabis retailer with an approved conditional use permit may provide cannabis deliveries consistent with state law. Cannabis delivery is not a separate commercial cannabis activity for the purposes of this article.

E.

Operations. Cannabis microbusiness facilities shall comply with the operational requirements set forth in this article that apply to the specified uses authorized by the approved conditional use permits. For cannabis microbusiness facilities that are engaged in indoor cannabis cultivation, the cannabis microbusiness facility shall comply with the water and energy conservation standards required of cannabis cultivation by this article.

F.

Transport-only distribution. Cannabis microbusiness facilities with an approved conditional use permit may transport the cannabis or cannabis product the licensee has cultivated or manufactured to another commercial cannabis activity licensee, only if the cannabis microbusiness facility operator also has an approved transport-only distribution license in accordance with California Code of Regulations Section 15315 and all other applicable state law. This type of transport-only distribution is not considered cannabis distribution for the purposes of this article.

G.

Findings. In addition to the requirements for approval in section 17.302.507 of this chapter, no conditional use permit shall be approved or conditionally approved unless the following findings are made:

1.

The cannabis microbusiness facility complies with all the requirements of the state and local laws and regulations.

2.

The cannabis microbusiness facility's operating plan demonstrates proper protocols and procedures that address enforcement priorities for cannabis activities including restricting access to minors, and ensuring that cannabis and cannabis products are obtained from and supplied only to other permitted and licensed sources within the state and not distributed out of state.

3.

The cannabis microbusiness facility that is engaged as a cannabis retailer with an approved conditional use permit is not located within one thousand (1,000) feet from any child day care center, K-12 school, public park, or youth center or a variance in accordance with chapter 17.196 of this title has been approved allowing a shorter distance, but not less than recommended by state law. The distance is measured in accordance with subsection A.3.

4.

The cannabis microbusiness facility that is not engaged as a cannabis retailer with an approved conditional use permit is not located within six hundred (600) feet from any child day care center, K-12 school, public park, or youth center. The distance is measured in accordance with subsection A.3. This location meets the minimum requirements of state law and may not be modified with approval of a variance.

(Ord. No. 348.4997, § 4, 3-28-2023)

17.302.250 - Temporary cannabis event.

A.

Requirements for approval. The planning director shall approve an application for a temporary cannabis event permit if all of the following are met:

1.

The temporary cannabis event will take place on county fair property or district agricultural association property.

2.

The temporary cannabis event is not located within one thousand (1,000) feet from any child day care center, K-12 school, public park, or youth center. This distance shall be measured from the nearest point of

the respective lot lines using a direct straight-line measurement without regard to intervening structures, as specified in subdivision (b) of Section 26054 of the Business and Professions Code. This location requirement may be modified with the approval of a variance pursuant to chapter 17.196 of this title. In no case shall the distance be less than allowed by State law.

3.

The temporary cannabis event will not occur during the hours of 12:00 a.m. to 6:00 a.m.

4.

The temporary cannabis event is setback a minimum of one hundred (100) feet from lot lines.

5.

Any participant selling cannabis or cannabis products shall possess a valid state cannabis retailer license or a valid state cannabis microbusiness license, which shall be included in the permit application. participants licensed as a cannabis retailer or cannabis microbusiness facility engaged as a cannabis retailer must comply with all rules for on-site sales and consumption, including, but not limited to: displays of cannabis and cannabis products, packaging of cannabis and cannabis products, age restrictions on sales, daily sales limits, no free samples, and track and trace requirements. Each participant licensed as a cannabis retailer or cannabis microbusiness facility engaged as a cannabis retailer may only sell cannabis or cannabis products in a retail area designated in the diagram of the physical layout of the temporary Cannabis event. Each participant licensed as a cannabis retailer or cannabis microbusiness facility engaged as a cannabis retailer shall not sell cannabis or cannabis products from mobile wagons, carts, or other similar means.

6.

A condition of approval shall be applied to all temporary cannabis event permits requiring the event organizer to obtain a valid state cannabis event organizer license and a valid state temporary cannabis event license, at least ten (10) calendar days before the first day of the event. If this condition of approval is not met, the temporary cannabis event permit becomes null and void.

7.

The sale or consumption of alcohol or tobacco is not allowed at the location of the temporary cannabis event.

8.

Access to the area(s) where sale or consumption of cannabis occurs is restricted to persons 21 years of age or older.

9.

Cannabis consumption is not visible from any public place or non-age-restricted area.

Security shall be present at the temporary cannabis event.

B.

Application. No less than one hundred twenty (120) days from the event's first day, an event organizer shall apply for and obtain a temporary cannabis event permit in accordance with chapter 17.216 of this title. All the procedural provisions of chapter 17.216 shall apply to the application, except subsection C. thereof relating to requirements for approval, subsection E. thereof relating to appeals and subsection F. thereof relating to the use of the permit after the application is approved.

C.

Revocation. A temporary cannabis event permit may be revoked pursuant to and in accordance with section 17.302.260 of this title.

(Ord. No. 348.4997, § 4, 3-28-2023)

17.302.260 - Modification or revocation of permits for commercial cannabis activities.

A.

Authority for modification or revocation. The board of supervisors shall have the authority to modify or revoke a previously granted conditional use permit for commercial cannabis activity upon finding that one or more of the following conditions exist:

1.

The use is detrimental to the public health, safety or general welfare.

2.

The use is a public nuisance.

3.

The permit was obtained by fraud or perjured testimony.

4.

The use is being conducted in violation of the conditions of approval or advisory notification document.

5.

The use for which the permit was granted has ceased or has been suspended for one year or more.

6.

The required state license for the approved commercial cannabis activity was not filed with the state within sixty (60) days of final approval of the project by the county.

A certificate of occupancy has not been obtained for the approved commercial cannabis activity within two years of obtaining an approved conditional use permit for the commercial cannabis activity. The planning director has the discretion to allow up to three extensions of one year each based on a showing by the permittee of a good faith intent to commence the use. The planning director's extensions are not subject to a public hearing.

B.

Initiation of modification or revocation. A public hearing shall be set before the board of supervisors upon a determination by the planning director that grounds for modification or revocation exist.

C.

Notice of public hearing. Notice of the time, date and place of the public hearing shall be given as provided in section 17.268.090.C. of this title.

D.

Public hearing. In conducting the public hearing, the board of supervisors shall:

1.

Set the hearing procedures;

2.

Hear relevant testimony from interested persons and the chairperson of the board of supervisors may require that witnesses be sworn;

3.

Make its decision within a reasonable time after the close of the public hearing; and

4.

Have the discretion to continue the hearing from time to time.

E.

Notice of decision.

1.

Notice of the board of supervisor's decision and a report of the proceedings shall be filed with the clerk of the board of supervisors not later than forty-five (45) days following the date the decision is adopted.

2.

A copy of the notice of decision and the report of the proceedings shall also be mailed to the applicant at the address on file with the planning department within that period of time.

F.

Final action. The decision of the board of supervisors to modify or revoke a previously granted conditional use permit for commercial cannabis activity is final.

(Ord. No. 348.4997, § 4, 3-28-2023)

Chapter 17.306 - INDUSTRIAL HEMP ACTIVITIES

Sections:

The purpose of this article is to protect the public health, safety, and welfare, enact effective regulatory and enforcement controls in compliance with state law, protect neighborhood character, and minimize potential for negative impacts on people, communities, and the environment in the unincorporated areas of Riverside County by establishing land use regulations for industrial hemp activities. Industrial hemp activities include industrial hemp cultivation, industrial hemp manufacturing and processing. Industrial hemp activities require land use regulations due to the potential environmental and social impacts associated with industrial hemp activities. It is the intent of this article to regulate industrial hemp. It is not intended to abrogate, amend, or conflict with the California Right to Farm Act, Civil Code section 3482.5; the Riverside County Right-ToFarm Ordinance, Ordinance No. 625; or any general plan land use provisions protecting commercial agricultural operations. Agricultural crop as defined in this ordinance shall not be affected by this article.

(Ord. No. 348.4931, § 14, 11-10-2020; Ord. No. 348.4983, § 1, 4-26-2022)

A.

Any industrial hemp activity that is not expressly exempted from this chapter or provided for in an approved conditional use permit or plot plan and a registration with the county agricultural commissioner is prohibited in all zones and is hereby declared a public nuisance that may be abated by the county and is subject to all available legal remedies, including but not limited to civil injunctions.

B.

All industrial hemp activities are prohibited within any dwelling unit, accessory dwelling unit, guest quarters, or any other residential accessory building permitted for residential occupancy.

C.

Outdoor industrial hemp cultivation is prohibited in the R-R zone and R-A Zone on lots less than twenty (20) gross acres.

D.

Outdoor industrial hemp cultivation is prohibited in the W-2 zone on lots less than five gross acres.

E.

Indoor and outdoor industrial hemp cultivation is prohibited on lots in the R-R zone and R-A zone that do not receive water from an applicable water purveyor or have a permitted onsite in-ground well existing as of the effective date of Ordinance No. 348.4931, as such well may be relocated or replaced from time to time.

F.

Indoor and outdoor industrial hemp cultivation is prohibited on lots located, entirely or partially, in the communities of Anza and Aguanga within the boundary of the Santa Margarita River Watershed, specifically located east of the Eastern Municipal Water District's and Rancho California Water District's service areas and north of Highway 79 South.

G.

Indoor and outdoor industrial hemp cultivation is prohibited on lots located, entirely or partially, in the community of Sage, specifically located east and south of the Eastern Municipal Water District's service area and west of Bautista Road.

H.

Indoor and outdoor industrial hemp cultivation is prohibited on lots located, entirely or partially, within the boundary of the Anza Borrego Watershed area within the unincorporated area of Riverside County.

I.

The use of water or issuance of well permits for purposes other than industrial hemp cultivation shall not be affected by this article.

(Ord. No. 348.4931, § 14, 11-10-2020; Ord. No. 348.4983, § 2, 4-26-2022)

17.306.030 - Applicability.

A.

Industrial hemp activities shall not be allowed in the unincorporated areas of Riverside County without first obtaining all required land use permits, licenses, registrations or other entitlements required by local or state laws and regulations.

B.

For the purposes of this chapter, industrial hemp does not include cannabis as defined in this ordinance.

C.

This chapter does not apply to legally existing outdoor industrial hemp cultivation in the A-1, A-P, A-2, A-D and W-2 zone classifications that is operated by an established agricultural research institution as defined in Section 81000 of the California Food and Agricultural Code.

D.

Outdoor industrial hemp cultivation legally operating in the A-1, A-P, A-2, A-D, R-R, R-R-O, R-1, R-1A, R-A, R-2, R2-A, R-3, R-3A, R-T, R-T-R, R-4, R-5, R-6, R-7, C/V, C-C/V, WC-R, WC-W, WC-WE, WC-E, R-D, N-A, W-2, W-2-M, W-1, W-E, M-R, M-R-A and MU zone classifications with a valid registration issued by the county agricultural commissioner prior to the effective date of Ordinance No. 348.4931 may continue operating with a valid registration for a period of two years from the effective date of Ordinance No. 348.4931. Upon expiration of the two year period, the outdoor industrial hemp cultivation shall comply with the requirements of this chapter and all other applicable laws and regulations.

(Ord. No. 348.4931, § 14, 11-10-2020)

A.

Industrial hemp activities are prohibited in the following zones: R-R-O, R-1, R-1A, R-2, R2-A, R-3, R-3A, R- T, R-T-R, R-4, R-5, R-6, R-7, C/V, C-C/V, WC-R, WC-W, WC-WE, WC-E, R-D, N-A, W-2-M, W-1, W-E, M-R, M-R-A, and MU.

B.

Industrial hemp activities operating in accordance with this chapter within approved specific plans shall be an interim use not to exceed a maximum of ten (10) years.

(Ord. No. 348.4931, § 14, 11-10-2020)

17.306.050 - Outdoor industrial hemp cultivation.

A.

Registration and inspection. In addition to the requirements set forth in this chapter, a registration shall be obtained from the county agricultural commissioner for the approved outdoor industrial hemp cultivation. The outdoor industrial hemp cultivation may be inspected two times a year by the county agricultural commissioner to determine compliance with state and local laws and regulations.

B.

Zoning. Notwithstanding any other provision of this ordinance, outdoor industrial hemp cultivation is allowed as follows:

1.

In the A-1, A-P, A-2 and A-D zones, outdoor industrial hemp cultivation is allowed in accordance with the following:

a.

On lots less than ten (10) gross acres and adjoining lots zoned R-R, R-R-O, R-1, R-1A, R-A, R-2, R-2A, R-3, R-3A, R-T, R-T-R, R-4, R-5, R-6, R-7, W-2-M, WC-W, WC-WE, WC-E, WC-R with an approved conditional use permit in accordance with chapter 17.200 of this ordinance.

b.

On lots less than ten (10) gross acres and not adjoining lots zoned R-R, R-R-O, R-1, R-1A, R-A, R-2, R-2A, R-3, R-3A, R-T, R-T-R, R-4, R-5, R-6, R-7, W-2-M, WC-W, WC-WE, WC-E, WC-R with an approved plot plan in accordance with chapter 17.216 of this ordinance.

c.

On lots ten (10) gross acres or greater but less than twenty (20) gross acres and adjoining lots zoned R-R, R-R-O, R-1, R-1A, R-A, R-2, R-2A, R-3, R-3A, R-T, R-T-R, R-4, R-5, R-6, R-7, W-2-M, WC-W, WC-WE, WC-E, WC-R with an approved conditional use permit in accordance with chapter 17.200 of this ordinance.

d.

On lots ten (10) gross acres or greater but less than twenty (20) gross acres and not adjoining lots zoned R- R, R-R-O, R-1, R-1A, R-A, R-2, R-2A, R-3, R-3A, R-T, R-T-R, R-4, R-5, R-6, R-7, W-2-M, WC-W, WC-WE, WC-E, WC-R as a use by right.

e.

On lots twenty (20) gross acres or greater but less than one hundred sixty (160) acres as a use by right.

f.

On lots one hundred sixty (160) gross acres or greater with an approved conditional use permit in accordance with chapter 17.200 of this ordinance.

2.

In W-2 zone, outdoor industrial hemp cultivation is allowed in accordance with the following:

a.

On lots less than five gross acres, outdoor industrial hemp cultivation is prohibited.

b.

On lots five gross acres or greater but less than forty (40) gross acres with an approved conditional use permit in accordance with chapter 17.200 of this ordinance.

c.

On lots forty (40) gross acres or greater but less than one hundred sixty (160) gross as a use by right.

d.

On lots one hundred sixty (160) gross acres or greater with an approved conditional use permit in accordance with chapter 17.200 of this ordinance.

In R-R and R-A zones, outdoor industrial hemp cultivation is allowed in accordance with the following:

a.

On lots less than twenty (20) gross acres outdoor industrial hemp cultivation is prohibited.

b.

On lots twenty (20) gross acres or greater with an approved conditional use permit in accordance with chapter 17.200 of this ordinance.

(Ord. No. 348.4931, § 14, 11-10-2020)

A.

Registration. In addition to the requirements set forth in this chapter, a registration shall be obtained from the county agricultural commissioner for the approved indoor industrial hemp cultivation.

B.

Zoning. Notwithstanding any other provision of this ordinance, indoor industrial hemp cultivation is allowed in the following zone classifications with an approved plot plan in accordance with chapter 17.216 of this ordinance: C-1/C-P, C-P-S, I-P, M-SC, M-M, M-H, A-1, A-P, A-2 and A-D.

(Ord. No. 348.4931, § 14, 11-10-2020)

In addition to the applicable permit and approval requirements provided in this chapter and the development standards in the applicable zoning classification, industrial hemp cultivation operations shall comply with the standards provided below. If there is an inconsistency between the development standards of the zone classification and these standards, the more restrictive standard applies.

A.

Location requirements.

1.

Indoor and outdoor industrial hemp cultivation shall not be located within one thousand (1,000) feet of any child day care center, K-12 school, public park, or youth center. The distance shall be measured from the nearest points of the respective lot lines using a direct straight-line measurement. This location requirement may be modified with the approval of a variance pursuant to chapter 17.196 of this ordinance.

2.

Industrial hemp shall not be cultivated on a premises legally allowed to cultivate or process cannabis.

B.

Setbacks.

1.

Indoor industrial hemp cultivation: Indoor industrial hemp cultivation shall be within a fully enclosed building or buildings and setback from the lot lines and public right-of-way in accordance with the development standards for the zone classification in which it is located. When an indoor industrial hemp cultivation facility is located adjacent to a residentially zoned lot the minimum setback shall be twenty-five (25) feet from all lot lines.

2.

Outdoor industrial hemp cultivation:

a.

For lots adjoining lots zoned R-R, R-R-O, R-1, R-1A, R-A, R-2, R-2A, R-3, R-3A, R-T, R-T-R, R-4, R-5, R-6, R-7, W-2-M, WC-W, WC-WE, WC-E, WC-R the industrial hemp cultivation area shall be setback a minimum of 300 feet from the adjoining lot line, otherwise the industrial hemp cultivation area shall be setback a minimum of twenty-five (25) feet from all lot lines and public rights-of-way.

b.

The industrial hemp cultivation area shall be located a minimum of fifty (50) feet from the drip line of any riparian vegetation of any watercourse.

C.

Energy conservation measures. All indoor industrial hemp cultivation operations shall include adequate measures to address the projected energy demand for industrial hemp cultivation at the lot. On-site renewable energy generation shall be required for all indoor industrial hemp cultivation operations. Renewable energy systems for indoor hemp cultivation operating entirely within an enclosed building shall be designed to have a generation potential equal to or greater than twenty (20) percent of the anticipated energy demand. This subsection does not apply to greenhouses or similar types of structures.

D.

Water conservation measures. All industrial hemp cultivation operations shall include adequate measures that minimize use of water for cultivation on the lot. Water conservation measures, water capture systems, or grey water systems shall be incorporated into the operations in order to minimize use of water where feasible.

E.

Water availability. All industrial hemp cultivation operations shall either: obtain a "Will Serve" letter from the applicable water purveyor, indicating agreement to supply water for the industrial hemp cultivation operations; or comply with applicable department of environmental health requirements for a permitted onsite, in-ground well, in accordance with section 17.306.020.E. of this chapter. The letter from such water

purveyor shall include the activity proposed and any improvements required for service. Commercial and domestic potable water supplies shall not include water transported by vehicle from off-site sources.

F.

Operations.

1.

All industrial hemp cultivation lighting shall be fully shielded, downward casting and not spill over onto structures, other properties or the night sky. Light shall not escape at a level that is visible from neighboring properties between sunset and sunrise.

2.

All industrial hemp cultivation operations shall accumulate or store garbage and refuse in a nonabsorbent, water-tight, vector resistant, durable, easily cleanable, galvanized metal or heavy plastic containers with tight fitting lids. No refuse container shall be filled beyond the capacity to completely close the lid. All garbage and refuse on the site shall not be accumulated or stored for more than seven calendar days, and shall be properly disposed of before the end of the seventh day. All waste, including but not limited to refuse, garbage, green waste and recyclables, must be disposed of in accordance with county and state laws and regulations. All waste generated from industrial hemp cultivation operations must be properly stored and secured to prevent access from the public.

3.

Onsite generators are prohibited, except as a source of energy in an emergencies. Onsite generators for emergency use shall be included in the applicable plot plan or conditional use permit.

4.

Supplemental lighting for outdoor hemp cultivation shall not exceed twenty-five (25) watts per square foot to be used up to one hour before sunrise or after sunset, unless the building or structure is equipped with light-blocking measures to ensure no light escapes from it.

5.

Industrial hemp cultivation shall not include the retail sales of industrial hemp or industrial hemp products.

G.

Signage—Outdoor industrial hemp cultivation. In accordance with Section 81006 of the Food and Agricultural Code, outdoor industrial hemp cultivation shall have a sign placed at the primary entrance of the lot indicating it is industrial hemp cultivation. The sign shall be a minimum of three-foot by three-foot.

(Ord. No. 348.4931, § 14, 11-10-2020; Ord. No. 348.4983, § 3, 4-26-2022)

17.306.080 - Industrial hemp manufacturing facilities zones.

A.

Notwithstanding any other provision of this ordinance, industrial hemp manufacturing facilities are allowed as follows:

1.

Non-volatile industrial hemp manufacturing facility. Non-volatile industrial hemp manufacturing facilities are allowed in the following zones with an approved plot plan in accordance with chapter 17.216 of this ordinance: A-1, A-P, A-2, A-D, I-P, M-SC, M-M and the M-H zones.

2.

Volatile industrial hemp manufacturing facility. Volatile industrial hemp manufacturing facilities are allowed in the following zones with an approved conditional use permit in accordance with chapter 17.200 of this ordinance: A-1, A-P, A-2, A-D, I-P, M-SC, M-M and M-H.

(Ord. No. 348.4931, § 14, 11-10-2020)

In addition to the applicable permit and approval requirements provided in this chapter and the development standards for the applicable zoning classification, industrial hemp manufacturing facilities shall comply with the standards provided below. If there is an inconsistency between the development standards of the zone classification and these standards, the more restrictive standard applies.

A.

General location. Industrial hemp manufacturing facilities shall not be located within one thousand (1,000) feet from any child day care center, K-12 school, public park, or youth center. Distance shall be measured from the nearest point of the respective lot lines using a direct straight-line measurement. A new adjacent use will not affect the continuation of an existing legal use that has been established under this chapter and continuously operating in compliance with the plot plan or conditional use permit, and local and state laws and regulations.

B.

Setbacks.

1.

Non-volatile and volatile industrial hemp manufacturing facilities shall be setback from all lot lines a minimum of twenty-five (25) feet.

2.

Setbacks may be modified with an approved setback adjustment in accordance with section 17.172.220 of this ordinance. In no case shall a setback be less than setbacks required by the state law, the California Building Code or Ordinance No. 457.

C.

Lot size. Except for industrial hemp manufacturing facilities located in the I-P, M-SC, M-M or M-H zones, the minimum lot size for industrial hemp manufacturing facilities is twenty (20) gross acres. Industrial hemp manufacturing facilities located in the I-P, M-SC, M-M or M-H zones shall comply with the lot size standards for the zone classification in which they are located.

D.

Operations.

1.

Any compressed gases used in the manufacturing process shall not be stored on any lot within in containers that exceeds the amount which is approved by the Riverside County Fire Department and authorized by the conditional use permit.

2.

Closed loop systems for compressed gas extraction systems must be commercially manufactured, bear a permanently affixed and visible serial number and certified by an engineer licensed by the State of California that the system was commercially manufactured, is safe for its intended use, and was built to codes of recognized and generally accepted good engineering practices.

3.

Industrial hemp manufacturing facilities shall have a training program for persons using solvents or gases in a closed looped system to create hemp extracts on how to use the system, to access applicable material safety data sheets and to handle and store the solvents and gases safely.

(Ord. No. 348.4931, § 14, 11-10-2020)

Industrial hemp activities shall comply with the following requirements:

A.

Application requirements. At the time of filing the application for an industrial hemp activity on a form provided by the planning department, the applicant shall also provide the applicable fee for processing the land use permit application.

B.

Suspension, revocation, or termination of state license. Suspension of any required license issued by the State of California, or by any state licensing authority, or registration issued by the county agricultural commissioner shall immediately suspend the ability of an indoor or outdoor industrial hemp cultivation to operate within the county until the state or county reinstates or reissues the state license or county registration, as applicable. Revocation or termination of state license or county registration will also be grounds to revoke or terminate any conditional use permit or plot plan granted to an indoor or outdoor industrial hemp cultivation land use pursuant to this chapter.

C.

Health and safety. Industrial hemp activities shall at all times be operated in such a way as to ensure the health, safety, and welfare of the public. Industrial hemp activities shall not create a public nuisance or violate applicable local, state or federal laws.

D.

Nuisance odors indoor industrial hemp. Subject to the California Right to Farm Act and the Riverside County Right-to-Farm Ordinance, indoor industrial hemp activities shall be sited and operated in a manner that prevents industrial hemp odors from significantly interfering with offsite land uses. All indoor industrial hemp activities shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the indoor industrial hemp activity that is distinctive to its operation does not significantly interfere with land uses on adjacent lots or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the indoor industrial hemp activity. In order to control odors, humidity and mold, indoor industrial hemp activities shall install and maintain at the minimum, the following equipment, or any other equipment that can be proven to be an equally or more effective method or technology:

1.

An exhaust air filtration system with odor control that prevents internal odors from being emitted externally;

2.

An air system that creates negative air pressure between the indoor industrial hemp activities' interior and exterior to prevent the odors generated by the indoor industrial hemp activity from being emitted externally.

This subsection does not apply to greenhouses or similar structures.

E.

Relocation of a permitted industrial hemp activity. In the event the permittee or successor in interest vacates and relocates the industrial hemp activity to a new location, a new conditional use permit or plot plan will need to be granted by the county in accordance with this ordinance prior to commencing operations at the new location.

F.

Permit and license posting. The permittee shall post or cause to be posted at the industrial hemp activity all required county and state permit and licenses to operate.

G.

Inspections. Industrial hemp activities shall be subject to inspections by appropriate local and state agencies, including, but not limited to, the Riverside County Departments of Code Enforcement, Planning, Fire, Public Health, Environmental Health, the Agricultural Commissioner's Office and the Sheriff's Department.

H.

Signage. Signage for an industrial hemp activity shall comply with the following:

1.

Business identification signage for an industrial hemp activity shall comply with section 17.252.040 of this ordinance.

2.

No industrial hemp activity shall advertise by having a person or device holding a sign or an air dancer sign advertising the activity to passersby, whether such person, device or air dancer is on the lot of the industrial hemp activity or elsewhere including, but not limited to, the public right-of-way.

3.

No signs placed on the lot of an industrial hemp activity shall obstruct any entrance or exit to the building or any window.

4.

Signage shall not be directly illuminated, internally or externally.

5.

No banners, flags, billboards, or other prohibited signs may be used at any time.

I.

Parking. Parking shall be provided in accordance with chapter 17.188 of this ordinance.

J.

Hazardous materials. All industrial hemp activities that utilize hazardous materials shall comply with applicable hazardous waste generator, Riverside County Ordinance No. 615, and hazardous materials handling, Riverside County Ordinance No. 651, requirements and maintain any applicable permits for these programs from the Riverside County Fire Department, the Riverside County Department of Environmental Health, the Riverside County Department of Waste Resources and the Agricultural Commissioner.

K.

Compliance with local and state laws and regulations.

1.

All industrial hemp activities shall comply with all applicable local and state laws, ordinances and regulations related to, but not limited to, the following: the California Environmental Quality Act, California Building Code, California Fire Code, Riverside County Ordinance No. 787, Riverside County Ordinance No. 457, Riverside County Ordinance No. 657, Riverside County Ordinance No. 745, Airport Land Use

Compatibility Plans, weights and measures regulations, pesticide use, water quality, storm water discharge and the grading of land.

2.

All buildings and structures, including greenhouse, hoop structures, or other similar structures shall comply with all applicable building, fire, and safety laws and regulations. All buildings and structures shall be reviewed by the Riverside County Building and Safety Department in accordance with the California Building Code and Riverside County Ordinance No. 457 and by the Riverside County Fire Department in accordance with Riverside County Ordinance No. 787 and the California Fire Code.

L.

Multiple industrial hemp activities. Multiple industrial hemp activities may be allowed on the same lot provided the proposed activities are allowed in the zone classification and meet all requirements in this chapter and state law.

M.

Retail sales. Industrial hemp activities shall not include the retail sales of industrial hemp or industrial hemp products.

(Ord. No. 348.4931, § 14, 11-10-2020; Ord. No. 348.4983, § 4, 4-26-2022)

17.306.110 - Approval requirements for industrial hemp activities.

A.

No conditional use permit or plot plan for an industrial hemp activity shall be approved unless the following findings are made:

1.

The permit is consistent with the general plan and any applicable specific plan.

2.

The permit complies with the permit requirements of this chapter and chapter 17.200 or chapter 17.216 of this ordinance, as applicable.

3.

The permit complies with the development standards for the zoning classification in which the industrial hemp activity is located.

4.

The permit will not be detrimental to the public health, safety or general welfare.

B.

In addition to the findings required in subsection A. of this section, no conditional use permit or plot plan for indoor or outdoor industrial hemp cultivation shall be approved unless the following findings are made:

1.

The industrial hemp cultivation complies with all the requirements of the state and county for industrial hemp cultivation.

2.

The industrial hemp cultivation is not located within one thousand (1,000) feet from any child day care center, K-12 school, public park, or youth center or a variance has been approved allowing a shorter distance but not less than allowed by state law.

3.

The industrial hemp cultivation includes adequate measures that minimize use of water for cultivation on the lot.

4.

The industrial hemp cultivation includes adequate quality control measures to ensure cultivation meets state and county regulatory standards.

5.

The industrial hemp cultivation includes adequate measures that address enforcement priorities for cultivation including restricting access to minors, and ensuring that industrial hemp is not supplied to unlicensed or unpermitted persons.

6.

The indoor industrial hemp cultivation will operate in a manner that prevents industrial hemp odors from significantly interfering with land uses offsite.

C.

In addition to the findings required in subsection A. of this section, no conditional use permit or plot plan for an industrial hemp manufacturing facility shall be approved unless the following findings are made:

1.

The facility complies with all the requirements of the state and county for the manufacturing of industrial hemp.

2.

The industrial hemp manufacturing facility does not pose a significant threat to the public or to neighboring uses from explosion or from release of harmful gases, liquids, or substances.

The industrial hemp manufacturing facility includes adequate quality control measures to ensure hemp manufactured at the facility meets industry standards and includes a documented employee safety training program, a Safety Data Sheet, and meets all requirements in Health and Safety Code Section 11362.775, as it may be amended from time to time.

4.

The industrial hemp manufacturing facility includes adequate measures that address enforcement priorities for industrial hemp activities including restricting access to minors, and ensuring that industrial hemp and industrial hemp products are obtained from and supplied only to other permitted licensed sources within the state and not distributed out of state.

5.

The industrial hemp manufacturing facility is not located within six hundred (600) feet from any child day care center, K-12 school, public park, or youth center.

D.

Conditional use permits and plot plans shall be subject to all conditions necessary or convenient to assure that the industrial hemp activity will satisfy the requirements of this chapter.

(Ord. No. 348.4931, § 14, 11-10-2020; Ord. No. 348.4983, § 5, 4-26-2022)

A public hearing shall be held on the application for a conditional use permit or plot plan in accordance with the chapter 17.200 or chapter 17.216 of this ordinance, as applicable, and all of the procedural requirements and rights of appeal set forth therein shall govern the public hearing.

(Ord. No. 348.4931, § 14, 11-10-2020)

Any conditional use permit or plot plan granted under this chapter may be revoked upon the findings and procedures contained in chapter 17.220 of this ordinance except that the planning commission shall be the hearing body to make a determination that grounds for revocation exist and provide notice of the revocation. All other procedural requirements and rights of appeal set forth in chapter 17.220 of this ordinance shall govern the hearing.

(Ord. No. 348.4931, § 14, 11-10-2020)

Chapter 17.310 - SINGLE ROOM OCCUPANCY UNITS

Sections:

17.310.010 - Purpose and intent.

The purpose of this chapter is to allow for single room occupancy units (SROs) to assist in providing affordable housing to extremely low, very low, lower, and low income households consistent with Government Code Section 65583(c)(2) and to appropriately regulate SRO's to ensure compatibility with surrounding uses and properties, and as well as to minimize impacts associated with such uses.

(Ord. No. 348.4950, § 35, 3-2-2021)

17.310.020 - Applicability and permit requirements.

A.

SROs are a form of housing in which one or two individuals are housed in individual permanent resident rooms within a multiple tenant building.

B.

SROs are allowed in the following zone classifications with an approved conditional use permit subject to the requirements of this chapter and in accordance with chapter 17.200 of this ordinance: C-1/C-P and MU.

(Ord. No. 348.4950, § 35, 3-2-2021)

17.310.030 - Site location, operation and development standards.

The standards set forth below and the standards in chapter 17.72 and chapter 17.94 of this ordinance shall apply to the development of SROs. In the event of a conflict between standards, the standards set forth below shall apply:

A.

Separation. To avoid over-concentration of SROs, there shall be a three hundred-foot separation requirement as measured from the nearest outside building walls between a proposed SRO and any other SRO.

B.

Compatibility. The design of the SRO shall be compatible with the character of the surrounding neighborhood and consistent with any applicable county design guidelines.

C.

Parking and bicycle stalls. On-site parking shall be provided as required for studio dwelling units pursuant to chapter 17.188 of this ordinance. Bicycle stalls shall be provided at a minimum of one class I bicycle parking facility, as provided in chapter 17.188 of this ordinance, for every five SRO units.

D.

Common space. A minimum of ten (10) square feet per unit, or two hundred fifty (250) square feet total, whichever is greater, shall be provided for interior common space. Dining rooms, meeting rooms,

recreational rooms and other similar areas may be considered common areas. Shared bathrooms kitchens, storage, laundry facilities and common hallways shall not be considered common areas.

E.

Floor area. An SRO unit shall be a minimum of one hundred fifty (150) square feet in floor area and up to a maximum of four hundred (400) square feet in floor area, including bathroom and kitchen facilities.

F.

Laundry facilities. Laundry facilities shall be provided in a separate area within the SRO project at the ratio of one washer and one dryer for every twenty (20) SRO units or fractional number thereof.

G.

Kitchen facilities. Each unit shall include a kitchen sink serviced with hot and cold water, a garbage disposal, and a counter top measuring a minimum of eighteen (18) inches wide by twenty-four (24) inches deep. A complete kitchen facility available for all residents shall be provided on each floor of the structure, if all individual SRO units are not provided with a minimum of a refrigerator and a microwave oven.

H.

Bathroom facilities. For each SRO unit, a private toilet shall be provided in an enclosed room with a door having a minimum of fifteen (15) square feet in floor area. If private bathing facilities are not provided for each SRO unit, shared shower or bathtub facilities shall be provided at a ratio of one such facility for every seven SRO units or fraction thereof. The shared shower or bathtub facility shall be on the same floor as the SRO units it is intended to serve and shall be accessible from a common area or hallway. Each shared shower or bathtub facility shall be provided with an interior lockable door.

I.

Management plan. An SRO project shall submit a management plan, along with the appropriate review fee as set forth in Ordinance No. 671, for review and approval by the county prior to issuance of the first building permit. The management plan shall contain management policies, operations, emergency procedures, number of residents per SRO unit permitted, overnight guest policy, security program including video cameras monitoring building access points at every floor, rental procedures that allow for monthly tenancies and proposed rates, maintenance plans, staffing needs, tenant mix, selection and regulations. Income levels shall be verified in writing and provided to the county by a third party.

J.

SRO manager. An on-site twenty-four-hour manager is required for a SRO project. The manager's unit shall be at least three hundred (300) square feet with its own kitchen and bath facilities.

K.

Income restricted units. All units in an SRO project shall be deed restricted to extremely low, very low, lower and low income households as such income restrictions are defined in the Riverside County's General Plan Housing Element and Health and Safety Code Sections 50079.5, 50093, 50105 and 50106, as may be

amended, with the only exception being the 24-hour on-site manager. When accompanied by the appropriate review fee as set forth in Ordinance No. 671, such deed restriction shall be reviewed and approved by the office of county counsel and recorded prior to issuance of a building permit for the construction of the SRO project.

L.

Annual review of management plan. Each SRO project shall annually provide a report of compliance with its management plan to be prepared by a qualified third party who is approved by the county. Such report shall be accompanied by the appropriate review fee as set forth in Ordinance No. 671.

M.

Disability access. Disability access facilities shall be provided as may be required pursuant to federal, state and county laws and regulations. At a minimum, one disabled accessible SRO unit shall be required for every twenty (20) SRO units.

N.

Restriction on number of residents. No more than two residents shall be permitted to reside in each SRO unit.

(Ord. No. 348.4950, § 35, 3-2-2021)

Chapter 17.314 - HOUSING ALTERNATIVES

Sections:

In adopting this chapter it is the intent of the board of supervisors to enact provisions that allow for the construction and installation of tiny homes or the placement of shipping containers adapted for residential use in order to increase the variety and supply of housing products permitted in the unincorporated area and thereby potentially increase housing affordability by allowing for a smaller housing product while at the same time considering an enhancement or maintenance of community aesthetics, preserving property values, and protecting the public health, safety and welfare.

(Ord. No. 348.4950, § 36, 3-2-2021)

For purposes of this chapter, the following terms shall have the following meanings:

"Tiny home:" A tiny home is a detached structure built and designed to resemble a single-family home for permanent year round occupancy by one household with functional areas that support normal daily routines including cooking, sleeping and sanitation.

"Residential shipping container:" A residential shipping container is a dwelling made from a steel shipping container. The residential shipping container is adapted from either a twenty-foot by eight-foot or forty-foot

by eight-foot container with a height of either eight and one-half feet or nine and one-half feet for permanent year round occupancy by one household with functional areas that support normal daily routines including cooking, sleeping and sanitation.

(Ord. No. 348.4950, § 36, 3-2-2021)

A.

Except as otherwise provided in this chapter, tiny homes and residential shipping containers are allowed as a use by right in the R-7 and MU zone classifications as well as in all zoning classifications that permit onefamily dwellings or accessory dwelling units.

B.

Tiny homes or residential shipping containers located on lots adjacent to a lot containing a place, building, structure, or other object listed on the National Register of Historic Places, shall be allowed with an approved plot plan in accordance with chapter 17.216 of this ordinance.

C.

Tiny homes and residential shipping containers are prohibited in areas that are constrained by water availability, water quality, sewage disposal or other health and safety concerns.

D.

Tiny homes and residential shipping containers are prohibited in areas where a development moratorium is imposed by the county or another public agency with authority to impose such a development moratorium due to a deficient water supply, inadequate sewer or septic capacity.

E.

Applications for a tiny home or residential shipping container shall include a site design plan demonstrating compliance with the development standards provided in this chapter, and processed in accordance with this ordinance, Ordinance No. 671 and Ordinance No. 457, as applicable.

(Ord. No. 348.4950, § 36, 3-2-2021)

An application for a tiny home or residential shipping container shall be approved if it complies with all of the following, as applicable:

A.

The requirements and development standards set forth in this chapter.

B.

Certification is provided demonstrating that the residential shipping container is constructed pursuant to ISO standards and is a new or single use shipping container.

C.

All required approvals are obtained from the department of environmental health and the fire department including that the residential shipping container is not compromised in any way including, but not limited to, physical or structural integrity, use of hazardous material for coating or fumigating, or having been used to transport hazardous material.

D.

All applicable laws and regulations related to flood control, seismic safety, and health and safety including, but not limited to, fire and building code regulations.

E.

Written confirmation has been provided from the department of environmental health for the use of an existing or new septic system.

F.

A percolation test is completed and certified within the last year or recertified by the department of environmental health.

G.

All required approvals are obtained from the applicable water and sewer purveyor(s).

H.

If applicable because of geographic location and constraints, all required approvals are obtained from the fire department, Riverside County Flood Control and Water Conservation District, Coachella Valley Water District, or the environmental programs division of the planning department.

I.

Tiny homes that are factory-built off-site and transported to a residential site shall comply with Health and Safety Code Sections 19960, et seq., and Title 25, CCR Sections 3000, et seq. as may be amended.

J.

Tiny homes and residential shipping containers shall not be subject to section 17.172.070 of this ordinance related to size of dwellings.

(Ord. No. 348.4950, § 36, 3-2-2021)

A.

A tiny home shall be installed on a concrete slab foundation.

B.

Residential shipping container shall be installed on a pier foundation, concrete slab foundation, piling foundation or platform foundation.

(Ord. No. 348.4950, § 36, 3-2-2021)

Tiny homes or residential shipping containers located in the R-7 or MU zoning classifications and meeting the requirements below may be clustered with an approved plot plan in accordance with chapter 17.216 of this ordinance.

1.

In a residential subdivision where the underlying lot and tiny home or residential shipping container are purchased in fee;

2.

As a condominium product where the tiny home or residential shipping container is owned and the underlying lot is owned as an undivided interest derived from the number of tiny homes or residential shipping containers provided;

3.

Where the tiny home or residential shipping container is owned, but the underlying space or site is leased; or

4.

Where the underlying lot and the tiny home or residential shipping container are both in the possession of an owner or entity and the tiny home or residential shipping container on the designated space or site are rented.

B.

Clustered tiny homes and residential shipping containers shall be compatible with the surrounding area's characteristics including, but not limited to, density.

C.

Open space or recreation facilities are not required for clustered tiny homes or residential shipping containers.

(Ord. No. 348.4950, § 36, 3-2-2021)

Tiny homes and residential shipping containers shall comply with the development standards for the applicable zoning classification and the development standards listed below. If there is an inconsistency between the development standards of the zone classification and these standards, the more restrictive standard applies.

A.

Lot size. The minimum lot size shall be one thousand five hundred (1,500) square feet.

B.

Height. The maximum height for a building or structure shall be twenty-five (25) feet.

C.

Setback. Side and rear setbacks shall not be less than five feet. No front setback is required except as may be needed to accommodate off-street parking pursuant to subsection E. below.

D.

Wall. When clustering, a masonry wall six feet in height shall be erected along the perimeter of the lot.

E.

Vehicle parking. Off-street automobile parking space shall be provided as required by chapter 17.188 of this ordinance. When clustering, parking spaces shall be delineated on the plot plan or as a separate attachment to the plot plan.

F.

Building size.

1.

A tiny home shall not exceed five hundred (500) square feet, excluding patios, porches, garages, and similar structures. A split level tiny home shall include a first floor living space of at least one hundred fifty (150) square feet.

2.

A residential shipping container may consist of multiple shipping containers, but shall not exceed one thousand two hundred (1,200) square feet, excluding patios, porches, garages, and similar structures.

(Ord. No. 348.4950, § 36, 3-2-2021)

Chapter 17.318 - RANCHO COMMUNITY EVENT FACILITIES

Sections:

17.318.010 - Findings and purpose.

The purpose of this chapter is to protect the public health, safety, and general welfare, in compliance with State law, by providing regulations and establishing standards for Rancho Community Event Facilities conducted on date palm and agriculture farms in the unincorporated areas of the Western Coachella Valley Area Plan and Eastern Coachella Valley Area Plan, as designated in the Riverside County Comprehensive General Plan. It is reported that more than 90 percent of the dates produced in the United States are grown in the Coachella Valley. According to the Riverside County Agricultural Commissioner's 2022 Crop Report, Riverside County was ranked 14[th ] in 2021 for total value of agricultural production by county in California. The report also lists Coachella Valley as contributing nearly fifty-eight (58) percent of the valuation for total agricultural crops for the entire Riverside County area.

s are grown in the Coachella Valley. According to the Riverside County Agricultural Commissioner's 2022 Crop Report, Riverside County was ranked 14[th ] in 2021 for total value of agricultural production by county in California. The report also lists Coachella Valley as contributing nearly fifty-eight (58) percent of the valuation for total agricultural crops for the entire Riverside County area.

The intent of this chapter is to establish permitting requirements for Rancho Community Event Facilities in order to support the heritage of the community and residents and unique date palms and other agriculture of the Western Coachella Valley Area Plan and Eastern Coachella Valley Area Plan and contribute to the local economy. The intent is also to balance and protect neighborhood character and minimize the potential for negative impacts on communities and the environment, such as noise, trash, parking, and traffic, while establishing land use regulations for Rancho Community Event Facilities, which are primarily hosted outdoor events, such as anniversary, celebration, ceremony, wedding ceremony and/or reception, birthday, quinceañera, sweet-sixteen event, baby shower, holiday party, graduation, fundraiser for a charitable nonprofit organization, or farm-to-table event.

Therefore, the board of supervisors has enacted the following provisions to regulate and control, in a content neutral manner, Rancho Community Event Facilities that are conducted in the unincorporated areas of the Western Coachella Valley Area Plan and Eastern Coachella Valley Area Plan of the County of Riverside, as designated in the Riverside County Comprehensive General Plan. This chapter establishes a permit process and standards for the zoning, development, and operation of Rancho Community Event Facilities which shall be deemed a secondary and accessory use to the ongoing agriculture use of the property for date palm and other agricultural crops. These provisions are necessary to reduce impacts to surrounding properties so that Rancho Community Event Facilities do not result in an incompatible land use.

(Ord. No. 348.5018, § 1, 6-25-2024)

17.318.020 - Applicability, location, and limitations.

A.

Applicability. This chapter only applies to Rancho Community Event Facilities, not public events, commercial events, or temporary events. Rancho Community Event Facilities may be used in conjunction with an approved short term rental or temporary event, if separately approved under the provisions of this chapter or Ordinance No. 927, as applicable.

B.

Permitted zoning. Rancho Community Event Facilities shall be permitted only on property located in the A- 1, A-2, M-SC, M-M, M-H, R-A, or W-2 zones within the Western Coachella Valley Area Plan and Eastern Coachella Valley Area Plan, as designated in the Riverside County Comprehensive General Plan.

C.

Agricultural use.

1.

Rancho Community Event Facilities shall be permitted only when the property has an ongoing agricultural use which meets the following requirement: a total of forty (40) percent of the property shall be utilized for agricultural crops with at least twenty (20) percent planted with date palms. Buildings or structures related to the use in furtherance of the required agricultural use may count towards the total of forty (40) percent. This agricultural use requirement must be verified by the county prior to the issuance of a certificate of occupancy or final inspection, whichever occurs sooner. Rancho Community Event Facilities shall be deemed a secondary or accessory use to the ongoing agricultural use, subject to the following requirements:

a.

Rancho Community Events shall not interfere with agricultural use of the property; and

b.

Rancho Community Events shall not convert agricultural areas of the property to an alternative use for the purpose of developing or expanding a Rancho Community Event Facility.

2.

Rancho Community Event Facilities shall not be permitted when the underlying property is under a conservation easement or a land conservation contract pursuant to the Williamson Act.

(Ord. No. 348.5018, § 1, 6-25-2024)

A.

Rancho Community Event Facilities are prohibited within any of the following locations:

1.

All areas of the unincorporated areas of Riverside County, except within the Western Coachella Valley Area Plan and Eastern Coachella Valley Area Plan, as designated in the Riverside County Comprehensive General Plan;

2.

Properties that do not have an ongoing agricultural use meeting the requirements of section 17.277.020.C.;

3.

Vacant property; and

4.

Property that does not meet the zoning and size requirements of Section 17.318.050.A. of this chapter. A Rancho Community Event Facility shall not be allowed to operate on multiple properties, unless a parcel merger is approved by the county.

B.

Any Rancho Community Event Facility activity that is not expressly provided for in an approved plot plan permit or conditional use permit is prohibited and is hereby declared a public nuisance.

(Ord. No. 348.5018, § 1, 6-25-2024)

The following activities shall be exempt from the provisions of this section and not require approval of a land use permit for Rancho Community Event Facilities:

A.

Temporary events and exemptions to temporary events provided for under chapter 17.256 of this title.

B.

Event uses that are accessory or secondary to an active residential use of the property and held by the

property owner or onsite resident, including private parties, gatherings, and other similar activities, and are not based on a financial arrangement with the Rancho Community Event Facility.

(Ord. No. 348.5018, § 1, 6-25-2024)

17.318.050 - Public hearing and permit requirements.

A.

Land use entitlement required. All Rancho Community Event Facilities require approval of a plot plan permit or conditional use permit in accordance with the requirements of this chapter.

1.

The following uses are permitted with approval of a plot plan permit:

a.

Within the A-1, A-2, M-SC, M-M, M-H, and W-2 zones, Rancho Community Event Facilities hosting:

1)

Rancho Community Events of up to two hundred (200) attendees require a property size of four and onehalf gross acres or greater.

Rancho Community Events of up to three hundred (300) attendees require a property size of seven and one-half gross acres or greater.

b.

Within the R-A zone, Rancho Community Event Facilities hosting.

1)

Rancho Community Events of up to two hundred (200) attendees require a property size of ten (10) gross acres or greater.

2)

Rancho Community Events of up to three hundred (300) attendees require a property size of fifteen (15) gross acres or greater.

2.

The following uses are permitted with approval of a conditional use permit:

a.

Within the A-1, A-2, M-SC, M-M, M-H, and W-2 zones, Rancho Community Event Facilities hosting Rancho Community Events of up to five hundred (500) attendees require a property of twenty (20) gross acres or greater in size.

b.

Within the R-A zone, Rancho Community Event Facilities hosting Rancho Community Events of up to four hundred (400) attendees require a property of twenty (20) gross acres or greater in size.

B.

Application requirements. An application for a plot plan permit or conditional use permit for a Rancho Community Event Facility shall be made to the planning director on the forms provided by the planning department and shall be accompanied by an initial payment of the deposit based fees set forth in Riverside County Ordinance No. 671. All applications for Rancho Community Event Facilities conform to the planning department's submittal documents checklist for Rancho Community Event Facilities, which includes, but is not limited to, the following:

1.

Site plan. The applicant shall provide a detailed site plan and exhibit map that conforms to the planning department's site plan checklist for Rancho Community Event Facilities and includes, but is not limited to, the following information:

a.

A description of all current and proposed uses at the property;

b.

The zoning classification and maximum guest count of the Rancho Community Event Facility pursuant to section 17.318.050.A.;

c.

The area of the property dedicated to the required agricultural use pursuant to section 17.318.020.C. of this chapter;

d.

The area of the property dedicated to the Rancho Community Event Facility and, within that area, the location and distance of all structures and uses, including the portion of the property proposed for the Rancho Community Event Facility, to the nearest sensitive uses on surrounding properties, which includes all types of housing, biologically sensitive habitat, or important cultural/historical resources.

2.

Event management plan. The applicant shall provide a detailed event management plan and exhibit maps that conforms to the planning department's event management plan checklist for Rancho Community Event Facilities and section 17.318.070 of this chapter.

C.

Plot plan requirements.

1.

Plot plan required. Rancho Community Event Facilities requiring approval of a plot plan permit pursuant to this chapter shall comply with the provisions of chapter 17.216 of this title, except as otherwise indicated in this chaper.

2.

California Environmental Quality Act. All Rancho Community Event Facility plot plan permits are subject to the California Environmental Quality Act.

3.

Public notice. Notification of the proposed Rancho Community Event Facility shall be provided pursuant to section 17.04.070 of this title, except as follows: mailed notification shall be sent to all owners of real property within one thousand (1,000) feet of the exterior boundaries of the subject property.

4.

Public hearing. A public hearing shall be held on the application for a plot plan permit for the Rancho Community Event Facility in accordance with the provisions of chapter 17.216 of this title. However, at the sole discretion of the planning director, the planning director may request the planning commission secretary set the matter for a public hearing before the planning commission instead.

Plot plan permit findings. No plot plan permit application for a Rancho Community Event Facility shall be approved unless the following findings are made:

a.

The permit is consistent with the general plan, any applicable specific plan, and the zoning classification.

b.

The Rancho Community Event Facility complies with the requirements for approval for plot plan permits in accordance with section 17.216.040 of this chapter.

c.

The Rancho Community Event Facility complies with the Special Findings set forth below in section 17.318.050.E. of this chapter.

6.

Plot plan permit conditions. Plot plan permits shall be subject to all conditions necessary or convenient to assure that the Rancho Community Event Facility will satisfy the requirements of this chapter and protect the health, safety, or general welfare of the community.

D.

Conditional use permit requirements.

1.

Conditional use permit required. Rancho Community Event Facilities requiring the approval of a conditional use permit pursuant to this chapter shall comply with the provisions of chapter 17.200 of this title, except as otherwise indicated in this chapter.

2.

California Environmental Quality Act. All Rancho Community Event Facility conditional use permits are subject to the California Environmental Quality Act.

3.

Public hearing notice. Notice of the public hearing for the proposed Rancho Community Event Facility shall be provided in compliance with state law and pursuant to section 17.04.070 of this title, except as follows: mailed notification shall be sent to all owners of real property within one thousand (1,000) feet of the exterior boundaries of the subject property.

4.

Public hearing. A public hearing shall be held on the application for a conditional use permit for the Rancho Community Event Facility in accordance with the provisions of chapter 17.200 of this title.

Conditional use permit findings. No conditional use permit for a Rancho Community Event Facility shall be approved unless the following findings are made:

a.

The permit is consistent with the general plan, any applicable specific plan, and the zoning classification.

b.

The Rancho Community Event Facility complies with the findings in chapter 17.200. of this title.

c.

The Rancho Community Event Facility complies with the special findings set forth below in section 17.318.050.E. of this chapter.

6.

Conditional use permit conditions. Conditional use permits shall be subject to all conditions necessary or convenient to assure that the Rancho Community Event Facility will satisfy the requirements of this chapter and protects the health, safety, or general welfare of the community.

E.

Special findings. In addition to the findings required for plot plan permits or conditional use permits, no land use entitlement shall be approved for a Rancho Community Event Facility unless the following findings are made:

1.

The Rancho Community Event Facility complies with the requirements of this chapter, which includes the following:

a.

Applicability, location and limitations, pursuant to section 17.318.020;

b.

Prohibited activities, pursuant to section 17.318.030;

c.

Site plan requirements in conformance with the planning departments' checklist and approvals from the requisite county departments, pursuant to section 17.318.050.B.1.;

d.

Regulations and development standards, pursuant to section 17.318.060; and

e.

Event management plan requirements in conformance with the planning departments' checklist and approvals from the requisite county departments, pursuant to sections 17.318.050.B.2. and 17.318.070.

2.

The Rancho Community Event Facility is not located on a hazardous waste site, including any site on the list compiled pursuant to Government Code Section 65962.5.

3.

The Rancho Community Event Facility does not and is conditioned to not contribute to any stormwater runoff or alter any drainage patterns that would violate or contribute to a water quality violation.

4.

The Rancho Community Event Facility is compatible with the existing land uses on surrounding properties based on the following factors:

a.

The physical and operating characteristics of the proposed use;

b.

The intensity of the proposed use compared to the density of the surrounding area, including the size of the property for the proposed use compared to the size of the surrounding properties;

c.

The distance of the proposed use to sensitive uses on surrounding properties, including all types of housing, biologically sensitive habitat, or important cultural/historical resources;

d.

Compatibility with the Coachella Valley Multiple Species Habitat Conservation Plan;

e.

The type of sound anticipated by the proposed use (amplified music or sound, non-amplified music or sound, or no music) and its anticipated impact on surrounding Properties and sensitive uses, including all types of housing, biologically sensitive habitat, or important cultural/historical resources; and,

f.

The location of noise-producing activities, such as stages, party areas, speakers, temporary tents, and dance floors, including whether such activities may take place entirely within enclosed structures, partially enclosed structures, or in outdoor areas and its anticipated impact on surrounding properties and sensitive uses, including all types of housing, biologically sensitive habitat, or important cultural/historical resources.

5.

Any pending code enforcement action(s) on the property related to the area of the property designated for the Rancho Community Event Facility has been cured prior to or with the approval of a land use entitlement.

(Ord. No. 348.5018, § 1, 6-25-2024)

17.318.060 - Rancho Community Event Facility regulations and development standards.

A.

Regulations. The Rancho Community Event Facility shall comply with all applicable state and local laws and regulations, including all Riverside County Ordinances.

B.

Development standards. The Rancho Community Event Facility shall comply with the development standards for the zoning classification in which the Rancho Community Event Facility is located, except as otherwise required by this section.

1.

Setbacks. The following setbacks shall be maintained at all times for Rancho Community Event Facilities:

a.

Rancho Community Event Facilities shall not be located closer than fifteen (15) feet from a property line, unless the planning director finds that a greater distance is necessary to ensure compatibility with surrounding properties and sensitive uses.

b.

All buildings and structures, such as party canopy, stages, and dance floors, must be identified on the site plan and shall abide by the setbacks required by this chapter and any applicable county ordinances and state laws and regulations, including the California Building Code and California Fire Code.

2.

Buildings, structures, and bodies of water.

a.

All temporary or permanent buildings, structures, or bodies of water deeper than eighteen (18) inches that will be utilized for the Rancho Community Event Facility must be permitted in compliance with all applicable building safety laws, codes, and regulations, including, but not limited to, Riverside County Ordinance No. 457, the California Building Standards Code, and any requirements of the American with Disabilities Act.

b.

The remaining temporary or permanent buildings, structures, or bodies of water deeper than eighteen (18) inches must sufficiently restrict access to the attendees of the Rancho Community Event Facility.

3.

Parking. The following parking standards shall apply to all Rancho Community Event Facilities:

a.

Attendee and other parking. Onsite parking must be sufficient to accommodate all attendees and employees, independent contractors, vendors, or their designees. No off-site parking for Rancho Community Event Facilities shall be permitted.

b.

Accessible parking. Accessible parking shall accommodate persons with disabilities, as follows:

1)

Number of spaces, design standards. Parking facilities shall be properly designed, constructed, and maintained to provide for accessible access from public rights-of-way, across intervening parking spaces, and into Rancho Community Event areas. The number, design, and standards of accessible parking spaces shall be in compliance with all applicable laws and regulations, including the California Building Standards Code.

2)

Reservation of spaces required. All required accessible spaces shall be reserved for use by the disabled throughout the life of the approved land use entitlement.

3)

Fulfilling of requirements. Accessible parking spaces shall count toward fulfilling the total number of required parking spaces.

(Ord. No. 348.5018, § 1, 6-25-2024)

An event management plan with exhibit maps is required for all Rancho Community Event Facilities in conformance with the planning department's event management plan checklist and shall include the following plans and operational requirements, which shall become conditions of approval:

A.

Event operation. An event operation plan is required as part of the event management plan and must be approved by the planning department. Any Rancho Community Event Facility shall comply with the following event operation requirements:

Size. Rancho Community Events shall not exceed the number of attendees for the property size and land use entitlement, pursuant to section 17.318.050.A. of this chapter.

2.

Hours of operation. Rancho Community Events shall comply with the following requirements for hours of operation, including set-up and clean-up:

a.

Maximum operation of twelve (12) hours per day;

b.

All live music or amplified sound shall cease at 10:00 p.m.;

c.

All outdoor lighting shall cease at 12:00 a.m.; and

d.

Rancho Community Event Facilities shall not operate between 12:00 a.m. and 6:00 a.m.

3.

Location. Rancho Community Events shall be held primarily outdoors and only within the area of the Property designated for the Rancho Community Event Facilities, which is indicated on the site plan.

4.

Onsite signage. Any onsite signage for Rancho Community Event Facilities shall comply with the provisions of section 17.252.040 of this title, subject to the following limitations:

a.

No more than one free-standing sign shall be permitted.

b.

No signs shall have a digital display.

c.

The maximum surface area of a sign shall not exceed twenty (20) square feet.

d.

The maximum height sign shall not exceed six feet.

Onsite management.

a.

The owner of the Rancho Community Event Facilities shall have an authorized representative onsite at the underlying property for the duration of the Rancho Community Events, including set-up and clean-up, who is responsible for ensuring that the holder of the event complies with the requirements of this chapter and all relevant Riverside County Ordinances.

b.

A copy of the approved event management plan for the Rancho Community Event Facility shall remain onsite at the property and provided to the county upon request.

6.

Ban on overnight stays. Overnight stays are prohibited at Rancho Community Event Facilities.

7.

Ban on pyrotechnics or fireworks. No pyrotechnics or fireworks of any kind are permitted at Rancho Community Event Facilities.

8.

Ban on outdoor fire pits. No outdoor fire pit areas are permitted at Rancho Community Event Facilities. Propane or gas powered commercially produced heating devices are permissible so long as they are turned off as soon as they are no longer in use or by 10:00 p.m., whichever is earlier.

B.

Noise control. A noise mitigation plan is required as part of the event management plan and must be approved by the planning department. Rancho Community Event Facilities shall comply with noise regulations set forth in Riverside County Ordinance No. 847.

C.

Dust control. A dust mitigation plan is required as part of the event management plan and must be approved by the county planning department. Fugitive dust shall be minimized by reducing vehicle speeds on driveways and parking areas. During visibly dry conditions, the application of water or other approved dust palliative shall be required.

D.

Lighting. A lighting mitigation plan is required as part of the event management plan and must be approved by the planning department. Lighting for Rancho Community Event Facilities shall comply with all county ordinances and the following requirements:

All outdoor lighting associated with the Rancho Community Event Facility shall cease at 12:00 a.m.

2.

All outdoor lighting shall be focused, directed, or arranged to prevent glare or direct illumination outside the property line or on any streets or the public right-of-way.

E.

Waste and water.

1.

Solid waste/trash service. A plan for solid waste/trash service is required as part of the event management plan and must be approved by the county environmental health department.

2.

Liquid waste disposal. A plan for liquid waste disposal is required as part of the event management plan and must be approved by the county environmental health department. Rancho Community Event Facilities shall obtain all required permits an onsite sewage disposal or sewer service connection necessary to accommodate all Rancho Community Events to the satisfaction of the county environmental health department. Portable toilet facilities may be utilized when operated in compliance with Riverside County Resolution No. 91-474 and the requirements of the county environmental health department.

3.

Potable water. A plan for potable water is required as part of the event management plan and must be approved by the county environmental health department.

F.

Food service operation.

1.

A food service operation plan is required as part of the event management plan and must be approved by the county environmental health department.

2.

All food vendors/facilities shall obtain and maintain the required licenses and permits and operate at all times in compliance with applicable state and local laws and regulations, including the California Department of Alcoholic Beverage Control.

a.

Exception: When food is excluded from the Rancho Community Event Facility contract, the customer may supply their own food for the related Rancho Community Event.

No cooking shall occur onsite without the requisite licenses, permits and approvals from all required county departments.

G.

Traffic management and control. A traffic management plan is required as part of the event management plan and must be approved by the transportation department. A traffic control plan also be required in the discretion of the transportation department. The traffic management and control plans must conform to the requirements of Riverside County Ordinance No. 787 and all of the following:

1.

Ensure an orderly and safe arrival, parking, and departure of all vehicles;

2.

Ensure traffic will not queue in a manner that blocks private easements or roads, county roads, intersections, private driveways, or access to neighboring properties;

3.

Provide adequate ingress and egress for all vehicles, including emergency vehicles to the satisfaction of the Riverside County Fire Department and Transportation Department;

4.

Provide the location of all temporary directional signs on any driveway entrance and within parking lots to ensure the orderly flow of traffic; and,

5.

No directional signs shall be placed within the county right-of-way, pursuant to Riverside County Ordinance No. 679.4.

H.

Fire protection/emergency medical services plan.

1.

A fire protection/emergency medical services plan is required as part of the event management plan and must be approved by the county fire department.

2.

The fire protection/emergency medical services plan must include, but is not limited to, the following topics: access for medical personnel, fire apparatus access, portable fire extinguishers, tents, stages, generators and other internal combustion power sources, and food trucks.

No cooking shall occur onsite without the requisite licenses, permits and approvals from all required county departments.

(Ord. No. 348.5018, § 1, 6-25-2024)

Any approved plot plan permit or conditional use permit for a Rancho Community Event Facility may be revoked in accordance with the procedures of chapter 17.220 of this title.

(Ord. No. 348.5018, § 1, 6-25-2024)

Any complaints related to Rancho Community Event Facility properties and compliance with this chapter may be filed with the Riverside County Planning Department or Riverside County Code Enforcement Department. The county may pursue all administrative, legal, and equitable remedies for failure to comply with the requirements of this chapter.

(Ord. No. 348.5018, § 1, 6-25-2024)