§ 19.050

A.

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

1.

City Council

2.

Planning Commission

3.

Community & Economic Development Director

Development Review Committee

Public Works Director

Building Official

Cultural Heritage Board

8.

City Manager

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

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

19.050.020 - Responsibilities of the City Council.

A.

The City Council shall have the following responsibilities:

Appoint members of the Planning Commission.

2.

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

3.

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

4.

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

5.

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

6.

Initiate amendments to the Zoning Code.

7.

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

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

19.050.030 - Responsibilities of the Planning Commission.

A.

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

B.

The Planning Commission shall have the further responsibilities:

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

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

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

10.

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

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

19.050.040 - Responsibilities of the Community & Economic Development Director.

A.

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

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

8.

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

9.

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

10.

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

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

The Development Review Committee shall be the pre-designated group of City departments or divisions involved in the process of reviewing projects involving new construction, re-construction and/or other entitlement applications, each of which shall conduct administrative functions authorized by the Zoning Code, including application review and issuance of administrative permits and approvals as per Table 19.650.020 (Approving and Appeal Authority), including the preparation of staff reports and recommendations, with proposed findings and proposed conditions for certain discretionary actions. The Development Review Committee will not collectively vote, nor perform any collective function. Each department and division that is participating in Development Review Committee will retain and exercise its own approval authority in the Development Review Committee process.

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

19.050.050 - Responsibilities of the Public Works Director.

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

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

19.050.060 - Responsibilities of the Building Official.

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

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

19.050.070 - Responsibilities of the Cultural Heritage Board.

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

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

19.050.080 - Creation of the Planning Commission.

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

A.

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

B.

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

C.

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

D.

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

E.

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

F.

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

G.

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

H.

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

I.

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

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

Chapter 19.060 - INTERPRETATION OF CODE