Chapter 19.630 — YARD REQUIREMENTS AND EXCEPTIONS

This chapter establishes standards for setback measurement and required yard areas. These provisions, in conjunction with other applicable provisions of this title, are intended to ensure open areas around primary structures; maintain clear visibility for traffic safety and pedestrian access; buffer incompatible land uses; and establish natural and visual light and air space for privacy, landscaping, and recreation.

(Ord. 7331 §99, 2016; Ord. 6966 §1, 2007)

19.630.020 - Required yard areas by zones.

The required yard area (front, interior side, street side, and rear) of a lot is the horizontal area between the property line and the minimum building setback distance required for the specific zone in question. Except as otherwise specified in this title, required yard areas shall be kept open and unobstructed from the ground upwards, free of any buildings and structures.

(Ord. 7331 §99, 2016; Ord. 6966 §1, 2007)

A.

General. Except as otherwise specified in this section, all building setback distances shall be measured at right angles from the designated property line, and the building setback line shall be drawn parallel to the designated property line at the required building setback distance.

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Figure 19.630.030.A Building Setback Measurements

B.

Front yard setbacks. The front setback building line is a line parallel to the front property line abutting the street, at a minimum distance specified by the base zone measured at right angles from the front property line, except as follows:

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Figure 19.630.030 B Front Yard Setbacks

Corner lots. The front yard setback shall be measured from the narrowest street frontage, subject to approval of the Community & Economic Development Director or his/her designee. Where a lot or parcel of land at the junction of two intersecting streets in any residential zone has frontage on each street over 130 feet in length, front yards of the depth required in the appropriate zone shall be required on both frontages. The Community & Economic Development Director or his/her designee may determine that the front setback shall be established from the longer street frontage if the primary orientation of the building is to that frontage.

2.

Flag lots. Regardless of the orientation of the main building, the measurement shall be taken from a parallel line established where the access strip meets the buildable area of the parcel closest to the public street or right-of-way.

3.

Through lots. The front yard setback on the street side of a through lot is a line parallel to the property line abutting both streets. In other words, a through lot has two front yards.

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Figure 19.630.030.B Front Yard Setbacks

4.

Averaging. For the R-1-7000 Zone, where lots comprising 50 percent or more of the frontage on one side of a street between intersecting streets are developed with front yards setbacks of a greater depth. The average of such front yard setbacks shall establish the front yard setback for the entire frontage on that side of the street within that block.

C.

Side yard setbacks. The side setback building lines are the lines parallel to the side yard property lines and perpendicular to the front and rear property lines, at a minimum distance specified by the base zone and measured horizontally from the nearest part of the side lot line to the main building.

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Figure 19.630.030.C Side Yard Setbacks

D.

Rear yard setback. The rear setback building line is a line parallel to the rear property line, at a minimum distance specified by the base zone measured at right angles from the rear property line, that extends between the side yards, except as follows:

1.

Irregular, triangular or gore shaped lots. The rear yard setback is measured from a line that is opposite, parallel to and at a maximum distance form the front building setback line, having a length of not less than 10 feet.

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Figure 19.630.030.D.2 Rear Yard Setback—Gore Lot

(Ord. 7331 §99, 2016; Ord. 6966 §1, 2007)

A.

Cornices, eaves, belt courses, sills bay windows, buttresses, or other similar architectural features may project up to four feet into a required front yard area and may project into a required side or rear yard area up to four inches per one foot of width of such yard.

B.

Fire escapes may project up to four feet into any required yard area.

C.

Open, unenclosed, and uncovered staircases or balconies may project up to two and one-half feet into any required yard area.

D.

Single-story porches may encroach into the required front yard up to 20 percent of the yard length or six feet, whichever is less.

E.

Permitted projections into required yards for RA-5, RE, RR and R-1 Zones.

1.

Flexible yard setbacks.

a.

In the R-1 Zones, on local streets only, where the residential structure has the garage set back ten or more feet from the required front yard setback, the habitable portion of the residential structure may extend into the front setback up to a maximum of five feet.

b.

In conjunction with the consideration of a tentative tract or parcel map in the R-1-7000 Zone, interior side yard setbacks may be reduced to five feet provided a minimum distance of 15 feet is maintained between adjacent dwellings.

c.

In the R-1 Zones, portions of the dwelling may encroach up to ten feet into the required rear yard setback provided that the encroachment does not exceed 500 square feet in total area.

2.

Additions to established dwellings. For lawfully established dwellings that do not conform to the side yards required in the RC, RR, RE and R-1 Zones additions may be constructed within such required side yards if such additions are located not closer to the side lot line than the existing dwelling; provided, that in no case shall such additions be located closer than five feet to interior side lot lines or ten feet to street side lot lines.

3.

Garage in the R-1-7000 Zone. In the R-1-7000 Zone, a garage that is an integral part of the main dwelling may be located not closer than five feet to any interior side lot line.

F.

A minimum distance of three feet shall be maintained between all projections and any property line.

(Ord. 7652 § 13, 2023; Ord. 7331 §99, 2016; Ord. 6966 §1, 2007)

No more than 1,000 square feet of the rear yard shall be paved, or 25 percent of the rear yard area, which ever is less, for parking purposes. A paved driveway must extend to the parking area from a public street or alley. Parking areas greater than 25 percent of the rear yard area or 1,000 square feet which ever is less may be considered under a Minor Conditional Use Permit.

(Ord. 7331 §99, 2016; Ord. 6966 §1, 2007)

ARTICLE IX. - LAND USE DEVELOPMENT PERMIT REQUIREMENTS/PROCEDURES Chapter 19.640 - GENERAL PERMIT PROVISIONS

This chapter establishes the overall structure for the application, review, and action on discretionary permits and legislative actions. Further, it identifies and describes the permits regulated by the Zoning Code. It also identifies those minor activities, uses and structures that are exempt from permit requirements. It further requires compliance with all applicable laws and regulations.

(Ord. 7331 §100, 2016; Ord. 6966 §1, 2007)

A.

Definition. Ministerial actions describe City decisions that involve little or no personal judgment by a public official as to the wisdom or manner of carrying out a project. The public official merely applies the law to the facts as presented but uses no special discretion or judgment in reaching a decision. A ministerial decision involves only the use of fixed standards or objective measurements.

(Ord. 7331 §100, 2016; Ord. 6966 §1, 2007)

19.640.040 - Discretionary permits and actions.

A.

Definition. Discretionary permits or actions apply to projects that require the exercise of judgment or deliberation when the Approving or Appeal Authority decides to approve or disapprove a particular activity, as distinguished from situations where the City public official, Board, Commission or Council merely has to determine whether there has been conformity with applicable statutes, ordinances or regulations.

B.

Administrative discretionary permits and actions not requiring a public hearing. The Community & Economic Development Director or the Development Review Committee have primary administrative authority over certain activities that require the determination of compliance with applicable zoning provisions and the application of judgment to a given set of facts. The following lists the various administrative permits and references Chapters of the Zoning Code for the respective actions:

1.

Community & Economic Development Director:

a.

Interpretation of Code - Refer to Chapter 19.060.

b.

Temporary Use Permit - Refer to Chapter 19.740.

c.

Nonconforming Provisions - Refer to Chapter 19.080.

d.

Effective Dates, Time Limits and Extensions - Refer to Chapter 19.690.

e.

Recycling Center Permit - Refer to Chapter 19.870.

f.

Determination of substantial conformance and modification of previously approved conditions with equivalent language.

g.

Administrative Planned Residential Development Permit - Refer to Chapter 19.780.

Development Review Committee:

a.

Design Review - Refer to Chapter 19.710.

b.

Minor Conditional Use Permit - Refer to Chapter 19.730.

c.

Variance - Refer to Chapter 19.720.

d.

Minor Planned Residential Development Permit - Refer to Chapter 19.780.

C.

Discretionary permits and actions requiring a public hearing.

1.

Except when combined with legislative actions, the City Planning Commission is the designated approving authority for discretionary permits and actions. A public hearing is required for the following discretionary permits:

a.

Conditional Use Permit - Refer to Chapter 19.760.

b.

Planned Residential Development Permit - Refer to Chapter 19.780.

c.

Condominium Conversion Permits- Refer to Chapter 19.790.

d.

Site Plan Review Permit - Refer to Chapter 19.770.

e.

Modification and Revocation of Permits/Variances and Other Approvals - Refer to Chapter 19.700.

f.

Street, Alley and Walkway Vacations - Refer to Chapter 19.890 and the City Administrative Manual.

g.

Traffic Pattern Modification Measures - Refer to Chapter 19.785.

2.

The City Council is the designated approving authority for the following actions subject to a public hearing:

a.

Airport Land Use Commission Appeals (City Council only) - Refer to Sections 19.680 A and E (Filing an Appeal).

D.

Legislative actions—Public hearing required. In general, legislative actions establish rules, policies or standards of general applicability. They involve the exercise of discretion and they are governed by considerations of the public welfare. The designated approving authority for all legislative actions by the City is the City Council. A public hearing is required for all following legislative actions:

1.

General Plan Text/Map Amendment - Refer to Chapter 19.800.

2.

Zoning Code Text/Map Amendment (Rezoning) - Refer to Chapter 19.810.

Specific Plan/Specific Plan Amendments - Refer to Chapter 19.820.

4.

Development Agreement and Development Agreement Amendment - Refer to City Resolution No. 15475 or its successor.

5.

Annexations and Detachments - Governed by State Law.

(Ord. 7683, § 13, 2024; Ord. 7528 §1(Exh. A), 2020; Ord. 7520 §1(Exh. A), 2020; Ord. 7331 §100, 2016; Ord. 6966 §1, 2007)

19.640.050 - Additional permits may be required.

A.

A land use on property that complies with the permit requirement or exemption provisions of the Zoning Code shall also comply with the permit requirements of other Municipal Code provisions and any permit requirements of other public agencies before construction or use of the property is commenced. Nothing in the Zoning Code shall eliminate the need to obtain any permits required by:

1.

Any applicable county, regional, State, or Federal regulations.

B.

All necessary permits shall be obtained before starting work or establishing a new use.

(Ord. 7331 §100, 2016; Ord. 6966 §1, 2007)

19.640.060 - Burden of proof and precedence.

A.

Burden of proof. The burden of proof to establish the evidence in support of the required finding(s) for any permit in accordance with this chapter is the responsibility of the applicant.

B.

Precedence. Each permit shall be evaluated on a case-specific basis. Therefore, granting of a prior permit does not create a precedent and is not justification for the granting of a new permit.

(Ord. 7331 §100, 2016; Ord. 6966 §1, 2007)

Chapter 19.650 - APPROVING AND APPEAL AUTHORITY

This chapter identifies the designated Planning Agency, as identified in Chapter 19.050 (Administrative Responsibility), for the review of the land use development permits and actions required by the Zoning Code.

(Ord. 7331 §101, 2016; Ord. 6966 §1, 2007)

19.650.020 - Designated approving authority.

A.

General provisions.

1.

The Approving and Appeal Authority, as designated in Table 19.650.020 (Approving and Appeal Authority), shall approve (in full or in part), conditionally approve (in full or in part), modify or deny (in full or in part) applications in accordance with the requirements of the Zoning Code.

Table 19.650.020 (Approving and Appeal Authority) identifies both recommending (R) and final (F) authorities for each application. 3.

When a proposed project requires more than one permit, the permits shall be processed pursuant to Section 19.650.030 (Concurrent Processing of Land Use Development Permits).

B.

Appeals. An action of the Approving or Appeal Authority may be appealed pursuant to procedures set forth in Chapter 19.680 (Appeals).

C.

Approval authority on referral.

1.

Referral by the Community & Economic Development Department Director, or his/her designee, or the Development Review Committee.

a.

The Community & Economic Development Department Director, or his/her designee, or the Development Review Committee, instead of taking any action, may refer the matter to the Planning Commission.

b.

The action of the Planning Commission, following referral, may be appealed to the City Council.

c.

Action taken by the City Council is not subject to an appeal.

2.

Community & Economic Development Department Director, or his/her designee, decisions.

a.

All administrative and discretionary decisions of the Community & Economic Development Department Director, or his/her designee, shall be transmitted to the City Council.

b.

The Mayor or any member of the City Council may refer the decision for consideration by the City Council at a public hearing by notifying the Community & Economic Development Department Director, or his/her designee.

c.

If not referred by the Mayor or any member of the City Council, or otherwise appealed, within ten days of transmittal, the action of the Community & Economic Development Department Director, or his/her designee, is final.

3.

Development Review Committee decisions.

a.

All decisions of the Development Review Committee shall be transmitted to the City Council.

b.

The Mayor or any member of the City Council may refer the matter for consideration by the City Council at a public hearing by notifying the Community & Economic Development Department Director, or his/her designee.

c.

If not referred by the Mayor or any member of the City Council, or otherwise appealed, within ten days of transmittal, the action of the Development Review Committee is final.

4.

Planning Commission Administrative and Discretionary Items.

a.

All decisions of the Planning Commission on administrative and discretionary items shall be transmitted to the City Council the next business day following Planning Commission action.

b.

The Mayor or any member of the City Council may refer the matter for consideration by the City Council at a public hearing by notifying the Community & Economic Development Department Director, or his/her designee.

c.

If not referred by the Mayor or any member of the City Council, or otherwise appealed, within ten days of Planning Commission action, the action of the City Planning Commission is final. (See Section 19.690.020(A) - Effective Date of Permits and Actions).

(Ord. 7552 §23, 2021; Ord. 7520 §1(Exh. A), 2020; Ord. 7331 §101, 2016; Ord. 7091 §5, 2010; Ord. 6997 §7, 2008; Ord. 6966 §1, 2007)

Table 19.650.020 Approving and Appeal Authority

R = Recommending Authority; F = Final Approving Authority (unless appealable); A = Appeal Authority; AR = Approving Authority as Community & Economic Development Director or Development Review Committee on Referral

Notes:

Decisions of the City Council are final and cannot be appealed.

Reserved.

3.

Planning Commission primary design review responsibility is limited to concurrent review with another case for which the Planning Commission has approval authority (Refer to Section 19.710.035 - Review Responsibilities of Planning Commission or Community & Economic Development Department Director). Appeal of Planning Commission action on design review is by the full City Council.

4.

See Section 19.650.020 C - Designated Approving Authority.

5.

Appeal of an action on a Temporary Use Permit shall be to the City Manager. The City Manager's decision is final.

6.

If denied by the Planning Commission, the action is final unless appealed to the City Council (See Section 19.680.020 B - Appeal Authority) with the exception of City-initiated General Plan Text/Map Amendments, Zoning Code Text/Map Amendments and Specific Plan Amendments where the Planning Commission is a Recommending Authority only.

7.

Street vacations and traffic pattern modification measures require two actions at the City Council: adoption of a resolution of intent to hold a public hearing and a public hearing.

See Government Code Section 65864 for more information on Development Agreements.

9.

All decisions by the Planning Commission to approve or deny a permit or action are by simple majority of the members present and voting, with the following exceptions:

a.

Conditional Use Permits, including revocations, and Planned Residential Development Permits require approval by a ⅔ majority of the Planning Commissioners present and voting; and

b.

Zoning Code Text/Map Amendments, General Plan Text/Map Amendments, and Specific Plan Amendments require a majority vote of not less than four Planning Commissioners present and voting.

10.

All decisions of the City Council to approve or deny a permit or action are by a majority vote of those present and voting except that a ⅔ vote of the total membership (five votes minimum) is required to approve an appeal of a decision of the Airport Land Use Commission (ALUC).

All tied votes of the Planning Commission mean that an application failed to be approved and will be treated as a denial. When a tie vote exists before the City Council, the Mayor shall have the voting right as any member of the City Council and may cast a vote for or against an item to break a tie. In the Mayor's absence, in the event of a tie vote, the Mayor Pro Tempore shall not have the right to cast a tie-breaking vote; in this instance the City Council vote shall be treated as a denial (Riverside City Charter - Article IV, Section 405).

12.

Refer to Section 19.680.030(E) for details regarding the ALUC appeal process.

13.

The final decision-making authority for PRD's in the RC Zone shall be the City Council.

(Ord. 7743, § 13(Exh. D), 2025; Ord. 7717, § 12(Exh. D), 2025; Ord. 7683, § 14(Exh. H), 2024; Ord. 7552 §24(Exh. E), 2021; Ord. 7528 §1(Exh. A), 2020; Ord. 7520 §1(Exh. A), 2020; Ord. 7487 § 2(Exh. A), 11-5-2019; Ord. 7331 §101, 2016; Ord. 7222 §5, 2013; Ord. 7163 §2, 2012; Ord. 7091 §6, 2010; Ord. 6966 §1, 2007)

19.650.030 - Concurrent processing of Land Use Development Permits.

A.

When a proposed project requires more than one permit application with more than one Approving or Appeal Authority, all project permits shall be processed concurrently as interrelated permits for a single project.

B.

The highest designated Approving or Appeal Authority for all such requested permits shall take final action on applicant-initiated projects with multiple permits.

(Ord. 7660, § 15, 2024; Ord. 7552 §25, 2021;Ord. 7331 §101, 2016; Ord. 6966 §1, 2007)

Editor's note— Ord. No. 7660, § 15, adopted March 12, 2024, amended the title of 19.650.030 to read as herein set out. The former 19.650.030 title pertained to Designated approving authority.

Chapter 19.660 - GENERAL APPLICATION PROCESSING PROCEDURES

This chapter provides for standard procedures for administrative actions/permits, discretionary actions/permits and legislative actions. Unique processing procedures are listed in the individual permit chapters.

(Ord. 7331 §102, 2016; Ord. 6966 §1, 2007)

19.660.015 - Initiation of applications.

A.

For all case types, the Community & Economic Development Department Director, or his/her designee, is authorized to initiate planning applications, notwithstanding any other section of this title, for any project authorized under this title.

B.

For General Plan Text/Map Amendment see Section 19.800.020 (Initiation of Amendment).

C.

For Zoning Code Text/Map Amendment see Section 19.810.020 (Initiation of Map/Text Amendment).

D.

For Specific Plan/Specific Plan Amendments see Section 19.820.030 (Specific Plan Initiation).

(Ord. 7552 §26, 2021; Ord. 7331 §102, 2016; Ord. 6966 §1, 2007)

All applications for land use and development permits and actions pertaining to the Zoning Code shall be submitted to the Planning Division on a City application form, together with all fees, plans, maps, and any other information required by the Planning Division.

(Ord. 7331 §102, 2016; Ord. 6966 §1, 2007)

19.660.030 - Eligible applicants.

A.

Administrative and discretionary.

1.

The owner(s) of the property, or the owner's authorized agent(s), or a plaintiff in an action of eminent domain with an order of possession shall make the application.

2.

Any authorized agent shall be formally delegated as such in writing by the property owner.

3.

The City Manager, or his/her designee, shall make the application for any City-initiated project.

B.

Legislative.

1.

The owner(s) or lessee(s) of the property, or the owner's authorized agent(s), or a plaintiff in an action of eminent domain with an order of possession shall make the application.

2.

Any authorized agent shall be formally delegated as such in writing by the property owner.

The Community & Economic Development Department Director, or his/her designee, the Planning Commission or City Council may also initiate an application for a legislative action.

(Ord. 7552 §27, 2021; Ord. 7331 §102, 2016; Ord. 6966 §1, 2007)

A.

Application for a Land Use or Development Permit.

1.

Every application for a land use or development permit shall include a completed application form designated for the particular request.

2.

Each application shall include particular maps, plans, and other data about the project development, project site and vicinity deemed necessary by the Community & Economic Development Department Director, or his/her designee, to provide the recommending and final Approving and Appeal Authorities with adequate information on which to base decisions.

B.

Administrative adjustment.

1.

Any application that may require minor, administrative adjustments from the standards set forth in this Title shall include a written request to the Community & Economic Development Department Director, or designee. Minor, administrative adjustments from the standards set forth in this Title shall include the following:

a.

A maximum increase of ten percent in the allowed sign area and height.

b.

A maximum decrease of 20 percent in the required setbacks, except in no case shall this provision permit a setback of fewer than five feet.

c.

A maximum decrease of 20 percent in the required distance between structures on the same site on multifamily lots.

d.

A maximum decrease of ten percent in the required parcel dimensions (area, depth, and width).

e.

A maximum decrease of five percent or one space, whichever is greater, in the required parking spaces.

f.

A maximum decrease of ten percent in required landscaped dimensions (area, depth, or width).

g.

Any other standards not addressed by these provisions may be permitted up to a ten percent adjustment as determined by the Community and Economic Development Department Director.

2.

These provisions shall not apply in the Residential Conservation (RC) and Residential Agricultural (RA-5) zones, or in an industrial zone where located within 200 feet of a sensitive receptor as defined by Section 19.130.030.

3.

The Community and Economic Development Department Director, or designee, may approve, conditionally approve, or deny the request.

C.

Signature and fees required.

1.

Applications will not be accepted by the Planning Division without required signed application forms.

Any owner or the owner's authorized representative may sign an application.

3.

The City Manager, or his/her designee, may sign an application for City-initiated projects.

4.

Fees shall be those established by City Council Resolution and published in the Schedule of Fees available from the Planning Division.

D.

All applications requiring discretionary approval may be required to include a project-specific Water Quality Management Plan (WQMP) pursuant to the requirements of the Municipal Separate Storm Sewer System (MS4) Permit.

E.

Indemnification.

1.

With the submittal of any application, the owner and/or applicant agrees that upon approval of its application the owner and/or applicant shall defend, indemnify, including reimbursement, and hold harmless the City of Riverside, its agents, officers and employees from any claim, action or proceeding against the City of Riverside, its agents, officers or employees, that attacks, set asides, voids, or annuls, any approval by the City concerning:

a.

Any such approval of the City: and/or

b.

An action taken to provide environmental clearance under the California Environmental Quality Act (CEQA) by its advisory agencies, appeal boards or City Council.

2.

The owner and/or applicant shall execute an indemnification agreement in a form acceptable to the City Attorney.

3.

In the event any claim, action or proceeding is brought, the City shall promptly notify the owner and/or applicant of the existence of the proceeding and the City will cooperate fully in the defense of the proceeding. Nothing in this section shall prohibit the City from participating in the defense of any proceeding.

4.

In the event that the applicant is required to defend the City in connection with any proceeding described in this section, the City shall retain the right to approve:

a.

The counsel to so defend the City;

b.

All significant decisions concerning the manner in which defense is conducted; and

c.

Any and all settlements, which approval shall not be unreasonably withheld.

5.

The City shall also have the right not to participate in the defense, except that the City agrees to cooperate with the applicant in the defense of the proceeding. If the City chooses to have counsel of its own defend any proceeding where the applicant has already retained counsel to defend the City in such matters, the fees and expenses of the counsel selected by the City shall be paid by the City.

(Ord. No. 7701, § 42, 2025; Ord. 7552 §28, 2021; Ord. 7331 §102, 2016; Ord. 7235 §13, 2013; Ord. 6966 §1, 2007)

All applications filed with the Planning Division in compliance with the Zoning Code shall be initially reviewed for application completeness as follows:

A.

Complete applications.

1.

Within 30 calendar days of application submittal, the Community & Economic Development Department Director, or his/her designee, or Development Review Committee, as applicable, shall determine whether or not the application is complete.

The applicant shall be notified in writing of the determination either that all the submittal requirements have been satisfied and that the application has been accepted as complete or that the submittal requirements have not been satisfied and the application has been determined to be incomplete (see Section 19.660.050(B) - Incomplete Applications).

B.

Incomplete applications.

1.

Within 30 calendar days of application re-submittal, the Community & Economic Development Department Director, or his/her designee, or the Development Review Committee, as applicable, shall determine whether or not the application is complete.

2.

The applicant shall be notified in writing of the determination either that:

a.

All the submittal requirements have been satisfied and that the application has been accepted as complete; or

b.

Specific information and or materials are still necessary to complete the application.

The letter may also identify preliminary information regarding the areas in which the submitted plans are not in compliance with City standards and requirements.

3.

The applicant may appeal the determination in accordance with Chapter 19.680 (Appeals) and the Permit Streamlining Act (California Government Code Section 65943).

4.

The City, at its discretion, may withdraw any application that remains incomplete 180 calendar days from the date of the original submittal. The City shall notify the applicant of its intention to withdraw the stagnant application at least 30 calendar days prior to withdrawal.

C.

Withdrawals.

1.

Submittal of withdrawals. All withdrawal requests shall be submitted in writing to the Planning Division, identifying the application being withdrawn.

2.

Resubmittal of withdrawn applications. Any resubmittal of a withdrawn application shall require submittal of a new application along with the appropriate fees and a new case number will be assigned.

D.

Mutual agreement to extension of time. Nothing in this section precludes the applicant and the City from mutually agreeing to an extension of any time limit provided by this section (California Government Code Section 65943).

(Ord. 7552 §29, 2021; Ord. 7331 §102, 2016; Ord. 7235 §14, 2013; Ord. 7091 §7, 2010; Ord. 6966 §1, 2007)

After acceptance of a complete application, the project shall be reviewed in accordance with the environmental review procedures of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) and the City's environmental guidelines (City Council Resolution No. 21106 as amended or most recent CEQA Resolution adopted by the City Council).

(Ord. 7331 §102, 2016; Ord. 6966 §1, 2007)

19.660.070 - Notice of decision.

A.

A notice of decision shall be required for all discretionary and legislative permits/actions in accordance with the provisions of this section.

B.

Within seven days from the final action on an application, the Community & Economic Development Department Director, or his/her designee, or the Development Review Committee, as applicable, shall send written notice of decision to the project applicant, other affected parties and anyone who has requested to be

notified. The notice of decision shall identify the specific action of the Approving or Appeal Authority, including the date of action, applicable conditions and appeal period.

(Ord. 7552 §30, 2021; Ord. 7331 §102, 2016; Ord. 7235 §15, 2013; Ord. 6966 §1, 2007)

19.660.080 - Time limitation on reapplication after denial.

A.

Time limitation. Whenever an application or portion of an application has been denied or revoked and the denial or revocation becomes final, no new application for the same or similar request may be accepted within one year of the date of the action to deny or revoke, unless the Community & Economic Development Department Director, or his/her designee, determines that a new application is warranted due to a substantial change in land use on properties in the vicinity, improved infrastructure in the vicinity, altered traffic patterns, or any such similar change resulting in a changed physical environment.

B.

Exemption for earlier reapplication. Applications that have been denied without prejudice and applications where the denying resolution stipulates a reapplication time are exempt from Section 19.660.080 A.

(Ord. 7552 §31, 2021; Ord. 7331 §102, 2016; Ord. Ord. 7235 §16, 2013; 6966 §1, 2007)

Chapter 19.670 - PUBLIC HEARINGS AND NOTICE REQUIREMENTS

The following procedures implement State Planning and Zoning Law under Government Code Sections 65090 through 65096 and govern the public hearing and notice requirements for consideration of a land use or development permit or action. Section 19.640.040 B—D (Discretionary Permits and Actions) and Table 19.650.020 (Approving and Appeal Authority), identify where public hearing and notice is required for all types of action authorized by the Zoning Code.

In general, public hearings and public notice shall be required for certain discretionary and all legislative actions. Public hearings are not required for administrative discretionary actions, although public notice may be required. Where required, the hearing(s) shall be held before the designated Approving or Appeal Authority pursuant to Table 19.650.020 (Approving and Appeal Authority).

(Ord. 7552 §32, 2021; Ord. 7331 §103, 2016; Ord. 6966 §1, 2007)

19.670.020 - Notice requirements for administrative discretionary permits with no public hearing.

A.

Minor Conditional Use Permit, Administrative Planned Residential Development Permit, and Variance.

1.

Public notice of the consideration of a proposed minor conditional use permit in all zones shall be provided by the Community & Economic Development Department Director, or his/her designee, by mailing such notice to the property owners within 300 feet of the exterior boundaries of the property under consideration;

2.

Public notice of the consideration of a proposed variance in any zone or an administrative planned residential development permit in single-family residential zones shall be provided by the Community & Economic Development Department Director, or his/her designee, by mailing such notice to the property owners adjacent to the boundaries of the property under consideration. When the variance request is regarding a corner lot and will pertain to a rear or side yard setback, such notice shall be given to the owners of property directly across each street from the proposed side or rear yard encroachment as well as to the owners of abutting property.

3.

For mailing purposes, the last known name and address of such owners and occupants as shown on the latest available equalized assessment roll of the County Assessor shall be used. Such notices shall identify the property under consideration and indicate the nature of the proposed permit.

4.

The public notice shall:

a.

Be sent no later than 14 days after acceptance of a complete and accurate application;

b.

Invite interested persons to notify, in writing, the Planning Division of any concerns, comments or to make a request to be further notified of actions relating to the proposed variance or minor conditional use permit during a 15-day comment and review period commencing with the date of the notice;

c.

Specify that only those specifically requesting to be further notified of actions relating to the application will be so notified of decisions, appeals or requests for City Council review; and

d.

Specify that, at the end of the 15-day comment and review period, the Community & Economic Development Department Director's or Development Review Committee's final report and recommendations will be issued, initiating a ten-day appeal period during which time any interested person may appeal to the decision the appropriate Appeal Authority.

5.

For variances in any residential zone where the applicant has obtained the written approval of the adjacent property owners, no public notices, comment period or appeal period is required.

6.

The Community & Economic Development Department Director's decision is final, except that the applicant may appeal the decision within ten days of the mailing of written notice of decision.

7.

Noticing distance requirements for individual uses may vary. Refer to Article VII, Specific Land Use Provisions.

B.

All other administrative, discretionary permits.

No notice is required for other administrative, discretionary actions without a public hearing, unless specified.

(Ord. 7755, § 16, 2026; Ord. No. 7701, § 43, 2025; Ord. 7683, § 15, 2024; Ord. 7552 §33, 2021; Ord. 7487 §3, 11-5-2019; Ord. 7331 §103, 2016; Ord. 6966 §1, 2007)

19.670.030 - Notice of hearing for discretionary actions requiring a public hearing.

Notice of the hearing shall be given in all of the following ways:

A.

Notice of the hearing shall be mailed or delivered, at least ten days prior to the hearing, to:

The owner of the subject real property or the owner's duly authorized agent, and the project applicant.

Each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project.

3.

All owners of the subject real property on the latest County Assessor records and occupants within 300 feet.

If the number of owners to whom notice would be mailed or delivered is greater than 1,000, the City may, in lieu of mailing or delivering the notice, provide notice by placing an advertisement of at least one-eighth page in at least one newspaper of general circulation within the City at least ten days prior to the hearing. B.

The notice shall be published in at least one newspaper of general circulation within the City at least ten days prior to the hearing.

C.

Noticing distance requirements for individual uses may vary. Refer to Article VII, Specific Land Use Provisions.

(Ord. 7755, § 17, 2026; Ord. 7552 §34, 2021; Ord. 7331 §103, 2016; Ord. 6966 §1, 2007)

19.670.040 - Notice of hearing for legislative actions.

A.

General Plan amendments, Specific Plan amendments, Zoning Code Text/Map amendments and Zone changes not affecting the permitted uses or intensity of uses of real property.

1.

The notice shall be published in at least one newspaper of general circulation within the City at least ten days prior to the hearing.

B.

General Plan amendments, Specific Plans and Specific Plan amendments, Zoning Code amendments and Zone changes affecting the permitted uses or intensity of uses of real property and all development agreements.

1.

Notice of the hearing shall be given in all of the following ways:

a.

Notice of the hearing shall be mailed or delivered, at least ten days prior to the hearing, to:

(1)

The owner of the subject real property or the owner's duly authorized agent, and the project applicant.

(2)

Each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project.

(3)

All owners of real property on the latest records of the County Assessor within 300 feet of the real property.

(4)

If the number of owners to whom notice would be mailed or delivered is greater than 1,000, the City may, in lieu of mailing or delivering the notice, provide notice by placing an advertisement of at least one-eighth page in at least one newspaper of general circulation within the City at least ten days prior to the hearing.

2.

The notice shall be published in at least one newspaper of general circulation within the City at least ten days prior to the hearing.

C.

Annexations. Notice of the hearing to adopt a resolution of application to annex shall be published in all of the following ways:

1.

The notice shall be published in at least one newspaper of general circulation with the City at least 20 days prior to the hearing.

2.

Notice of the hearing shall be mailed or delivered, at least 20 days prior to the hearing, to:

a.

The owner of the subject real property(ies) and the project applicant, if other than the City.

b.

Each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project.

c.

All owners of real property on the latest records of the County Assessor within 300 feet of the real property(ies).

3.

The notice shall be posted at the site where the public hearing will occur at least 20 days prior to the hearing and continue to the time of the hearing.

(Ord. 7552 §35, 2021; Ord. 7331 §103, 2016; Ord. 6966 §1, 2007)

19.670.050 - Traffic pattern modification measures and street, alley, and walkway vacations.

A.

Traffic pattern modification measures and street, alley, and walkway vacations require two actions at the City Council:

1.

Adoption of a resolution of intent to hold a public hearing; and

2.

A public hearing.

B.

Pursuant to the California Streets and Highways Code (Section 8310 et seq.), the public hearing shall not be held less than 15 days after the adoption of the resolution of intent to hold a public hearing.

C.

Notice of the public hearing shall be published for at least two successive weeks prior to the public hearing.

(Ord. 7552 §36, 2021; Ord. 7331 §103, 2016; Ord. 7118 §2, 2011)

Notices given pursuant to Section 19.670.020 (Notice Requirements for Administrative Discretionary Permits with No Public Hearing), 19.670.030 (Notice of Hearing for Discretionary actions Requiring a Public Hearing) and 19.670.040 (Notice of Hearing for Legislative Actions) shall at a minimum include the date, time and place of the public hearing, the identity of the hearing body, a general explanation of the matter to be considered and a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing.

(Ord. 7331 §103, 2016; Ord. 6966 §1, 2007)

A.

Any person who requests inclusion on a mailing list for notice of hearing for a development project or projects shall submit such request in writing to the Planning Division where the request is for notice of hearing before the Planning Commission and to the City Clerk where the request is for notice of hearing before the City Council.

B.

The City may impose a reasonable fee for the purpose of recovering the cost of such notification." Section 38: Section 19.670.090 of the Riverside Municipal Code is hereby amended as follows:

(Ord. 7552 §37, 2021; Ord. 7331 §103, 2016; Ord. 6966 §1, 2007)

Pursuant to California Government Code Section 65093, failure of any person or entity to receive notice required by law of any hearing as required by the Zoning Code shall not constitute grounds for any court to invalidate the actions of a designated Approving or Appeal Authority for which the notice was given.

(Ord. 7331 §103, 2016; Ord. 6966 §1, 2007)

A.

Hearings as provided for in this chapter shall be held at the date, time, and place for that notice has been given as required in this chapter.

B.

The designated Approving or Appeal Authority shall conduct the public hearing and hear testimony.

C.

The summary minutes shall be prepared and made part of the permanent file of the case.

D.

Any hearing may be continued, and no further public notice shall be required unless the hearing is not continued to a specific date/time, in which instance the hearing shall be re-noticed.

(Ord. 7552 §38, 2021; Ord. 7331 §103, 2016; Ord. 6966 §1, 2007)

19.670.100 - Notice and hearings for appeals and referrals.

A.

Upon appeal or referral of a discretionary action with a public hearing or a legislative action, notice of a public hearing before the appeal authority (See Table 19.650.020 - Approving and Appeal Authority) shall be given in the same manner as for the original public hearing, except that in all cases the period of time for publishing or mailing the notice prior to the appeal hearing is not more than ten days. Proposed adoption of a negative declaration by the appeal authority does not extend the time beyond ten (10) days.

B.

Upon appeal or referral of an administrative discretionary action, notice of the appeal or referral shall be mailed to the applicant and all interested persons requesting such notice at least ten days in advance of consideration of the referral or appeal on the appeal or referral authority's discussion calendar agenda.

(Ord. 7552 §39, 2021; Ord. 7331 §103, 2016; Ord. 6966 §1, 2007)

Whenever a hearing is held regarding a discretionary permit or a legislative action for a drive-thru facility, notice shall also be provided to representatives on a list maintained by the Planning Division of the blind, aged and disabled communities.

(Ord. 7331 §103, 2016; Ord. 6966 §1, 2007)

Notice for any action that would permit all or any part of a cemetery, as defined by Section 8100 of the State Health and Safety Code, to be used for other than cemetery purposes, shall be provided pursuant Section 19.670.030 (Notice of Hearing for Discretionary Actions Requiring a Public Hearing).

(Ord. 7331 §103, 2016; Ord. 6966 §1, 2007)

19.670.130 - On-site notification signage for projects in the Industrial Zones.

Notice of filing for new development projects within the Business Manufacturing Park (BMP) & General Industrial (I) Zone shall also be made by posting of physical signage on the site by the applicant when a Minor Conditional Use Permit or Conditional Use Permit is being considered.

1.

Purpose: The on-site notification signage requirement is intended to notify neighbors of the affected project area and the community at large early in the review process, allowing the applicant and the City to consider community input throughout all stages of project review.

2.

Specific Plan requirements:

a.

In any specific plan district where specified industrial uses require a Minor Conditional Use Permit or Conditional Use Permit by the current industrial zoning designation, a Notice of Filing sign shall be required.

3.

Sign criteria/maintenance: Posting of required on-site notification signage shall comply with the following:

a.

Sign size and specifications.

i.

Sign(s) shall be four feet high by eight feet wide.

ii.

Sign(s) shall be attached by ground-mounted stake(s) or post(s) not less than six feet in height from ground surface.

iii.

Signs shall not be affixed to buildings or other structures.

iv.

Signs shall contain the following information:

City of Riverside Logo;

"Notice of Filing" lettering;

Planning project case number;

Brief project description;

Project location including Accessor Parcel Number(s) (APNs);

Project applicant name and contact information;

7.

Contact information for the City Planning Division; and

8.

Other information as determined to be necessary by the Community & Economic Development Director or designee, including, but not limited to, a standardized design template published by the Planning Division.

b.

Location and installation standards. All sign(s) shall be installed according to the specifications determined by the Planning Division.

i.

Signs shall be posted on each public street frontage.

ii.

A minimum of one sign shall be posted for every 300 lineal feet of public street frontage.

iii.

Corner Lots.

1.

Where two street frontages intersect, one sign posted at the corner facing the intersection shall satisfy the posting requirement for the first 300 lineal feet of frontage for both streets facing the interchange.

iv.

Signs shall be located no more than three feet behind the property line closest to, parallel to, and clearly visible from the street.

v.

Signs shall not be located within the public right-of-way.

vi.

Additional signs may be required as determined by the Planning Division.

c.

Timing.

i.

All notification sign(s) shall be installed within 60 days of application submittal.

ii.

Signs shall remain in place throughout the entire project review period and shall not be removed prior to the expiration of the appeal period of the final action taken on the project.

iii.

Signs shall be removed no later than 14 days following the expiration of the final appeal period or withdrawal of the application.

d.

Sign removal and maintenance.

i.

All sign(s) must be kept adequately maintained in a legible state and remain in place until the final decision on the application has been made or the application is withdrawn. ii.

Changes to the nature of the project or the requested entitlements shall necessitate updates to the posted notification signage to the satisfaction of the Planning Division.

iii.

Failure to remove the sign within the prescribed time period will result in the withholding of any post-entitlement permits.

The project application shall not be deemed complete until the required notification signage is installed.

5.

A Notification Signage Exhibit may be required to identify the proposed location of signage and verify compliance with these requirements.

(Ord. 7755, § 18, 2026)

Chapter 19.680 - APPEALS

This chapter identifies the procedures for filing and processing an appeal of actions of Approving Authorities, consistent with California Government Code Section 65904. Where the appeal provisions of this section conflict with other provisions of the Riverside Municipal Code, the appeal provisions of this chapter shall apply with regard to planning and zoning matters.

(Ord. 7592 § 9(Exh. J), 2022; Ord. 7331 § 104, 2016; Ord. 6966 § 1, 2007)

19.680.020 - Appeal authority.

A.

Any person dissatisfied with an interpretation or action an Approving Authority made pursuant to this article may appeal such action to the designated Appeal Authority and ultimately to the City Council. Appeals must be filed in accordance with the procedures in Section 19.680.030 (Filing an Appeal). Table 19.650.020 (Approving and Appeal Authority) identifies the Appeal Authority for each of the City's land use and development permits and actions. Actions by the City Council are not subject to appeal.

B.

Legislative matters require the Planning Commission to hold a noticed public hearing and make a recommendation on the matter to the City Council. Where the Planning Commission denies legislative cases initiated by an applicant, the action is final unless appealed to the City Council. For City-initiated legislative cases, the Planning Commission is a recommending body and the City Council's action is final. (See Table 19.650.020 - Approving and Appeal Authority).

(Ord. 7592 § 9(Exh. J), 2022; Ord. 7552 § 40, 2021; Ord. 7331 § 104, 2016; Ord. 6966 § 1, 2007)

A.

Any person aggrieved or affected by a decision of an Approving Authority may appeal that decision to the designated Appeal Authority. All appeals shall be submitted in writing to the Planning Division, in duplicate, identifying the action being appealed and specifically stating the basis or grounds of the appeal. For appeals of the decision of the Airport Land Use Commission (ALUC) see E below.

B.

Appeals shall be filed within ten calendar days following the date the Approving Authority announces its determination on the matter for which an appeal is made and shall be accompanied by a filing fee as established by City Council resolution. If the tenth day is on a weekend or holiday the appeal is extended to the end of the next regular business day (Note: one exception to the ten-day appeal period is for temporary use permits where the appeal period is two business days).

C.

The filing of an appeal shall stay the action being appealed and the issuance of subsequent permit(s), such as grading or building permits.

D.

An appeal must be filed to exhaust all available administrative remedies.

E.

When filing an appeal of the decision of the Airport Land Use Commission (ALUC) the applicant shall provide the City with a copy of the ALUC staff report, notice of action and findings to support the override for the ALUC determination. In order to overrule the ALUC finding of inconsistency, the City Council must make specific findings that the proposal is consistent with the purposes of ALUC law "to protect public health, safety and welfare by ensuring (1) the orderly expansion of airports and (2) the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses."

(Ord. 7592 § 9(Exh. J), 2022; Ord. 7552 § 41, 2021; Ord. 7331 § 104, 2016; Ord. 6966 § 1, 2007)

An appeal hearing shall be conducted at a public meeting on a date mutually agreed upon by the person filing the appeal, the applicant and the City. Notice of hearing for the appeal shall be provided pursuant to noticing requirements of Chapter 19.670 (Public Hearings and Notice Requirements).

(Ord. 7592 § 9(Exh. J), 2022; Ord. 7331 § 104, 2016; Ord. 6966 § 1, 2007)

Each appeal shall be considered de novo (new), even if the appeal is withdrawn, and the Appeal Authority may reverse, modify or affirm the decision in regard to the entire project in whole or in part. In taking its action on an appeal, the Appeal Authority shall state the basis for its action. The Appeal Authority may approve (in full or in part), conditionally approve (in full or in part), modify or deny (in full or in part) and may modify, delete or add such conditions as it deems necessary. The Appeal Authority may also refer the matter back to the original Approving Authority for further action.

(Ord. 7592 § 9(Exh. J), 2022; Ord. 7331 § 104, 2016; Ord. 6966 § 1, 2007)

Chapter 19.690 - EFFECTIVE DATES, TIME LIMITS, AND EXTENSIONS

This chapter identifies the effective date of permit and other approvals and provides requirements (including time limits) for implementation and extension of approval time limits. Unique processing procedures are listed in the individual permit chapters.

(Ord. 7331 §105, 2016; Ord. 6966 §1, 2007)

A.

Community & Economic Development Department Director, or his/her designee, Development Review Committee or Planning Commission Decisions on Discretionary Permits and Actions. All decisions of the Community & Economic Development Department Director, or his/her designee, Development Review Committee or Planning Commission acting as a final Approving Authority under Table 19.650.020 (Approving and Appeal Authority), shall be effective the first regular business day after the end of the ten day appeal period. Filing of an appeal stays the effective date pending action on the appeal.

B.

City Council decisions on discretionary permits and actions. All decisions of the City Council in granting or denying a discretionary permit shall become effective on the next City business day following City Council Action, unless the discretionary permit is being processed concurrently with and dependent upon any legislative action, in that case the effective date of the discretionary permit will be governed by Section 19.690.020(C).

C.

Legislative actions. A legislative approval granted by resolutions, such as a Specific Plan or General Plan amendment, is effective immediately upon adoption of the numbered resolution by the City Council. A legislative approval granted by ordinance, such as a zoning map amendment, is effective 30 days following the date of adoption of the ordinance by the City Council.

D.

Temporary use permits. Following a decision to approve, conditionally approve or deny a temporary use permit by the Community & Economic Development Department Director, or his/her designee, the applicant or any interested party shall have two business days to file an appeal with the City Manager or authorized designee. If not appealed, the permit is in effect the day following the end of the appeal period. If appealed, the City Manager or authorized designee shall make a decision on the appeal within five working days of its receipt and such action shall be final and the permit, if approved, shall be in effect immediately.

(Ord. 7552 §42, 2021; Ord. 7331 §105, 2016; Ord. 6966 §1, 2007)

A.

Any discretionary permit granted pursuant to the Zoning Code shall become null and void if not exercised within the time limit specified in the approving document or within one year if no time has been specified.

B.

Unless an earlier expiration date appears on the face of the permit, any development permit which is issued in conjunction with a tentative subdivision map shall expire no sooner than the approved tentative map or any extension thereof whichever occurs later.

C.

Any legislative approval shall become null and void if not finalized within two years, unless otherwise specified in the conditions of approval.

(Ord. 7331 §105, 2016; Ord. 6966 §1, 2007)

Any variance or permit granted pursuant to the Zoning Code shall become null and void if the owner or owner's authorized representative of the property for which the variance or permit was granted requests, in writing, that the variance or permit be voided and the Approving or Appeal Authority having jurisdiction approves the request.

(Ord. 7552 §43, 2021; Ord. 7331 §105, 2016; Ord. 6966 §1, 2007)

19.690.050 - Time extension.

A.

The period within which the exercise of a discretionary permit or other approval must occur may be extended by the Community & Economic Development Department Director, or his/her designee, as described in B—K below. A Temporary Use Permit may not be extended. An application for extension shall be filed, along with appropriate fees and necessary submittal materials pursuant to Chapter 19.660 (General Application Processing Procedures).

B.

Variances, administrative design review actions and Minor Conditional Use Permits may receive a maximum of two, one-year time extensions.

C.

Conditional use permits and Site Plan Review permits, not related to an implementing subdivision and/or legislative action, may be granted time extensions by the Community & Economic Development Department Director, or his/her designee, up to a total of five years beyond the original approval expiration date. At the exhaustion of Community & Economic Development Department Director approved extensions, the original Approving or Appeal Authority following a public hearing noticed pursuant to Section 19.670.030 (Notice of Hearing for Discretionary Actions Requiring a Public Hearing), may grant one final permit extension of up to two years. A public hearing notification fee is required of the applicant in such case, in addition to a time extension fee.

D.

For all planned residential development permits, related to an implementing subdivision and/or legislative action, may be granted time extensions by the Community & Economic Development Department Director, or his/her designee, up to a total of five years beyond the original approval expiration date prior to issuance of any building permits. Once a building permit has been issued the planned residential development will be considered vested and time extensions are no longer needed. At the exhaustion of Community & Economic Development Department Director approved extensions, the original Approving or Appeal Authority following a public hearing noticed pursuant to Section 19.670.030 (Notice of Hearing for Discretionary Actions Requiring a Public Hearing), may grant one final permit extension of up to two years. A public hearing notification fee is required of the applicant in such case, in addition to a time extension fee.

E.

Zoning Text/Map, General Plan and Specific Plan amendments may be granted time extensions by the Community & Economic Development Department Director, or his/her designee, up to a total of five years beyond the original approval expiration date. At the exhaustion of Community & Economic Development Department Director approved extensions, the original Approving or Appeal Authority following a public hearing noticed pursuant to Section 19.670.040 (Notice of Hearing for Legislative Actions), may grant one final permit extension of up to two years. A public hearing notification fee is required of the applicant in such case, in addition to a time extension fee.

F.

Any permit extension may be conditioned to comply with any development standards that may have been enacted since the permit was initially approved.

G.

The extension may be granted only when the Community & Economic Development Department Director or designated Approving or Appeal Authority finds that the original permit findings can be made and that there are no changed circumstances or that there has been diligent pursuit to exercise the permit that warrants such extension.

H.

Retroactive time extensions may be granted for a period not greater than specified in Sections 19.690.050 B, C, D and E F.

I.

A separate fee shall be required for each year of permit extension.

J.

Extensions related to the terms of nonconforming uses and structures are governed by Article III, Chapter 19.080 (Nonconformities).

K.

Time extensions for tentative maps are governed by Chapter 18.180 and State Law as it relates to automatic time extensions.

L.

The period of time specified in Chapter 19.690, including any extension granted by the Community & Economic Development Department Director, or his/her designee, shall not include the period of time during which a lawsuit involving the approval or conditional approval of the entitlement(s) is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the Community & Economic Development Department Director. After service of the initial petition or complaint in the lawsuit upon the Community & Economic Development Department Director, the applicant may apply for a stay following the same procedures in Chapter 19.690. Within 40 days after receiving the application, the Community & Economic Development Department Director shall either stay the time period for up to five years or deny the requested stay.

(Ord. No. 7701, § 44, 2025; Ord. 7683, § 16, 2024; Ord. 7552 §44, 2021; Ord. 7505 §2(Exh. B), 2020; Ord. 7331 §105, 2016; Ord. 6966 §1, 2007)

19.690.060 - Exercising permits or approvals.

A.

The exercise of a permit occurs when the property owner has completed all conditions of the permit approval and incurred substantial liabilities.

B.

Unless otherwise provided, approvals that have not been exercised prior to a Zoning Code amendment that makes the approved use or structure of the approval nonconforming shall automatically be deemed invalid on the effective date of the Zoning Code amendment. A new application is then required.

(Ord. 7331 §105, 2016; Ord. 6966 §1, 2007)

Land use and development permits and approvals granted pursuant to the provisions of this title shall be transferable upon a change of ownership of the site, business, service, use or structures, provided that the use is in substantial conformance with the previously approved use and conditions of the original permit or approval are fully complied with, and the project is not modified or enlarged/expanded.

(Ord. 7331 §105, 2016; Ord. 6966 §1, 2007)

A copy of all land use and development permits (including all corresponding stamped-approved plans) authorizing construction shall be kept on site at all times during construction and made available upon request by an official of the City.

(Ord. 7331 §105, 2016; Ord. 6966 §1, 2007)

Chapter 19.700 - MODIFICATION AND REVOCATION OF PERMITS/VARIANCES AND OTHER APPROVALS

A.

Any person holding a permit or other approval granted under the Zoning Code may request a modification or amendment to that permit or approval. For the purpose of this section, the modification of a permit or approval may include modification of the terms of the permit itself, project design, or the waiver or alteration of conditions imposed in the granting of the permit or approval.

B.

If the Community & Economic Development Director or his/her designee determines that a proposed project action is not in substantial conformance with the original approval, the Community & Economic Development Director or his/her designee shall notify the property owner of the requirement to submit a permit modification application for consideration and action by the same Approving or Appeal Authority as the original permit.

C.

A permit or approval modification may be granted only when the Approving or Appeal Authority makes all findings required for the original approval, and the additional finding that there are changed circumstances sufficient to justify the modification of the approval.

D.

Except as provided in Section 19.730.030, any permit or approval modification is subject to the same hearing and notice requirements as the original permit or approval.

(Ord. 7331 §106, 2016; Ord. 7235 §17, 2013; Ord. 6966 §1, 2007)

A.

The Planning Commission either of its own initiation or upon the direction of the City Council shall hold a public hearing to consider the revocation of any variance or permit (except temporary use permits) granted in accordance with the provisions of the Zoning Code. Written notice of the date, time, place and purpose of such public hearing shall be served on the owner of the property for which the permit or variance was granted by registered mail, postage prepaid, return receipt requested, not less than ten days prior to the date of such hearing. Additional notice shall be given in the manner prescribed in the Zoning Code governing notices of conditional use permits, minor conditional use permits and variances.

B.

Any variance or permit may be revoked if, from the facts presented at the public hearing or by investigation, the Planning Commission finds any one or more of the following grounds:

1.

That the variance or permit approval was obtained by fraud;

2.

That the variance or permit granted is being or has been exercised contrary to the conditions of such permit or variance or in violation of any applicable licenses, permits, regulations, laws or codes;

That the use for which the variance or permit approval was granted is being or has been exercised as to be detrimental to the public health, safety or welfare so as to constitute a nuisance, hazard or detriment to the surrounding properties, neighborhood or City in general.

C.

Each decision by the Planning Commission to revoke a variance or permit shall be by a formal and numbered resolution adopted by the affirmative votes of at least two-thirds of the membership of the Planning Commission in the case of a conditional use permit or planned residential development permit and of at least a majority of the membership of the Planning Commission in the case of a variance, or minor conditional use permit, such membership in both cases being based upon membership present and voting. The Planning Commission shall make its findings, announce its decision and mail a notice of its decision to the owner of the property involved in the manner prescribed in the Zoning Code Section 19.660.070 (Notice of Decision). Any person aggrieved or affected by a decision of the Planning Commission in approving or disapproving a revocation of any variance or permit may appeal to the City Council in the manner prescribed in this chapter. The City Council may, after a public hearing has been held in the manner prescribed in the Zoning Code, affirm, reverse or modify the decision of the Planning Commission.

(Ord. 7331 §106, 2016; Ord. 6966 §1, 2007)

Chapter 19.710 - DESIGN REVIEW

The City Council finds, determines and declares that the application of the design review procedures are necessary to preserve and promote the health, safety and general welfare of the community by achieving the following purposes:

A.

To protect and preserve the value of properties and to encourage high quality development thereof in areas where adverse effects will result from excessive uniformity, dissimilarity, poor exterior quality and appearance of buildings and structures, and from inadequate and poorly planned landscaping, and from failure to preserve where feasible natural landscape features, open spaces and the like, and will result in the impairment of the benefits of occupancy and use of existing properties in such areas;

B.

To recognize the interdependence of land values and aesthetics and to provide a method to implement this interdependence in order to maintain the values of surrounding properties and improvements, and to encourage excellence of development of property, compatible with the general plan for, and character of, the City, with due regard to the public and private interests involved;

C.

To ensure that the public benefits derived from expenditures of public funds for improvement and beautification of streets and public facilities shall be protected by the exercise of reasonable controls over the character and design of private buildings, structures and open spaces;

D.

To ensure the maintenance of high design standards in the vicinity of public buildings and grounds for the preservation of the architecture and general appearance in the areas of the City containing the buildings and grounds and to preserve the property values in the areas;

E.

To promote the maintenance of high design standards adjoining thoroughfares of Citywide importance to ensure that the community benefits from the natural growth and vegetation as much as possible, and from the natural terrain, and to preserve and stabilize the architecture and general appearance of buildings and grounds adjoining the thoroughfares; and to preserve and protect the property values in the areas; and

F.

To ensure the design of landscaping and irrigation that shades paved areas, buffers or screens undesirable views, compliments building architecture and that implements the purposes of Chapter 19.570 (Water Efficient Landscaping and Irrigation).

(Ord. 7331 §107, 2016; Ord. 6966 §1, 2007)

A.

The design review procedures set forth in this chapter shall apply to the following:

1.

All new buildings, structures and signs, and enlargements of existing buildings, structures and signs in the RC - Residential Conservation, Commercial and Office, Mixed-Use, Industrial and Downtown Specific Plan Zones, except as exempted in B and C below.

2.

Any project reviewed and approved via the conditional use, planned residential development permit or site plan review permit processes.

B.

Any structure or site requiring a design review that is also subject to Title 20 - Cultural Resources shall require an Administrative Design Review, approved by the Community & Economic Development Department Director, in addition to the requirements of Title 20.

C.

The following types of projects are exempt from design review; however, the Planning Division will review them for compliance with the Zoning Code and consistency with the Citywide Design Guidelines during the building permit plan check process:

1.

Infill development consisting of a single-family residence or new residences and structures within an approved conventional residential subdivision (unless otherwise specified in the project specific conditions of approval).

2.

Minor exterior modifications or renovations that do not expand the size of the building.

Accessory buildings and structures.

Outdoor dining areas (not including outdoor food preparation).

5.

Minor site improvements or landscape modifications or renovations that are not subject to the Water Efficient Landscape Ordinance and/or do not require a Water Quality Management Plan (WQMP).

D.

To facilitate the development of stand-alone multi-family or age-restricted senior residential housing throughout the City, consistent with California Government Code Section 65580, an administrative design review application shall be reviewed by the Community & Economic Development Department Director, or his/her designee, when the proposed development complies with all of the following criteria:

1.

Development standards and regulations of the Riverside Municipal Code, including, but not limited to, Title 7 (Noise), 16 (Building and Construction), 17 (Grading), 18 (Subdivision), 19 (Zoning) and 20 (Cultural Resources);

2.

Water Quality Management Plan (WQMP) requirements;

3.

No other discretionary review is required to approve the development proposal, with the exception of variances;

County's Airport Land Use Compatibility Plan (ALUCP), when applicable;

5.

Mitigation measures of the Final Program Environmental Impact Report (FPEIR) certified for the City's 2014-2021 5th Cycle Housing Element (SCH # 2017041039), when applicable;

6.

Mitigation measures of the FPEIR certified for the City's 2021-2029 6th Cycle Housing Element (SCH # 2021040089), when applicable; and

Completion of an operational Traffic Impact Analysis subject to City of Riverside Public Works Department Guidelines, when applicable.

(Ord. 7573 § 1(Exh. A), 2021; Ord. 7552 §45, 2021; Ord. 7528 §1(Exh. A), 2020; Ord. 7520 §1(Exh. A), 2020; Ord. 7487 § 18, 11-5-2019; Ord. 7408 §1, 2018; Ord. 7331 §107, 2016; Ord. 6966 §1, 2007)

19.710.030 - Approval required.

A.

Where applicable, no new building, structure or sign or exterior alteration or enlargement of an existing building, structure, sign or new landscaping and irrigation shall be commenced or installed until design review approval has been granted pursuant to this chapter.

B.

The restoration, rehabilitation, alteration, development, construction, demolition, removal or appearance change of any landmark, landmark structure, landmark site or any structure or site within a preservation district requires the granting of a permit by the Cultural Heritage Board or the City Council on appeal (see Title 20).

(Ord. 7331 §107, 2016; Ord. 6966 §1, 2007)

19.710.035 - Review responsibilities of Planning Commission or Development Review Committee and Community & Economic Development Department Director.

A.

The Development Review Committee or Community and Economic Department Director or his/her designee, as applicable, may approve in full or in part, conditionally approve in full or in part, modify or deny:

1.

The plot plan and building elevations for all projects in zones requiring design review approval, that are not subject to separate approval by the Planning Commission.

2.

Sign plans in accordance with Citywide Design and Sign Guidelines.

3.

The landscape and irrigation plans for all projects that are subject to design review approval. An application will not be considered complete unless required Park and Recreation Department fees are included with the submittal.

4.

The plot plan, building elevations, landscape plans and irrigation plans for accessory buildings in zones requiring design review and for cargo container accessory buildings in any zone where they are permitted.

B.

The Planning Commission shall approve in full or in part, conditionally approve in full or in part, modify or deny:

1.

Plot plan and building elevations for projects related to a planning case subject to their separate approval including conditional use permits, planned residential development permits, and site plan review permits. This does not apply to cases involving only a legislative action, including rezoning or General Plan amendment.

C.

The Community & Economic Development Department Director or Development Review Committee, as applicable, may refer any Design Review application to the Planning Commission.

(Ord. 7552 §46, 2021; Ord. 7331 §107, 2016; Ord. 6966 §1, 2007)

A.

In addition to the general purposes set forth in Section 19.710.010 (Purpose), the design review procedures established by this chapter shall be applied according to and in compliance with the following standards, when applicable:

1.

Sites shall be graded and developed with due regard for the aesthetic qualities of the natural terrain and landscape, and trees and shrubs shall not be indiscriminately destroyed.

2.

Buildings, structures and signs shall be properly related to their sites and consistent with the character of the neighborhood and surrounding sites and shall not be detrimental to the orderly and harmonious development of their surroundings and of the City.

3.

Open spaces, parking areas, pedestrian walks, signs, illumination and landscaping (including water efficient irrigation facilities) shall be adequately related to the site and arranged to achieve a safe, efficient and harmonious development.

4.

Sites shall be developed to achieve a harmonious relationship with existing and proposed adjoining developments, avoiding both excessive variety and monotonous repetition, but allowing, when feasible, similarity of style or originality of design.

When feasible, electrical and similar mechanical equipment, and trash and storage areas shall be effectively screened from public view. The use of harmonious or related colors and materials shall be encouraged.

6.

The design review process shall endeavor to eliminate the ugly, the garish, the inharmonious, the monotonous, and the hazardous, and shall endeavor to ensure that proposed improvements will not impair the desirability of investment or occupancy nearby; but originality in site planning, architecture, landscaping and graphic design shall not be suppressed.

7.

Review shall include exterior design, materials, textures, colors, means of illumination, signing, landscaping and irrigation.

(Ord. 7552 §47, 2021; Ord. 7331 §107, 2016; Ord. 6966 §1, 2007)

All applicable development shall comply with the City Council-adopted Citywide Design Guidelines or successive document.

(Ord. 7552 §48, 2021; Ord. 7331 §107, 2016; Ord. 6966 §1, 2007)

19.710.060 - Drawings to be approved—Alterations to be approved.

A.

No building permit for a new building, structure, or sign, and no building permit for an exterior alteration or enlargement of an existing building, structure, or sign, that is subject to design review as provided in this chapter shall be issued until the drawings required by Section 19.710.065 (Drawings to Be Submitted) have been approved pursuant to this chapter, and no certificate of occupancy shall be issued unless the construction and property comply with said approved drawings. Said buildings, structures, or signs shall be maintained thereafter in substantial conformance with said approved drawings.

B.

If alterations to approved drawings are desired by the applicant, said drawings shall be resubmitted and processed according to the procedures established in this chapter for approval of the original drawings.

(Ord. 7331 §107, 2016; Ord. 6966 §1, 2007)

The drawings submitted as part of the design review application shall be provided in accordance with the latest design review submission checklist available at the Planning Division, which is updated from time to time.

Any other drawings or additional information necessary, as determined by the Community & Economic Development Department Director, or their designee, to adequately consider the drawings set forth herein above and to determine compliance with the purposes of this chapter shall be provided.

(Ord. 7552 §49, 2021; Ord. 7331 §107, 2016; Ord. 6966 §1, 2007)

19.710.070 - Appeals.

A.

Appeals.

1.

Appeal of the Community & Economic Development Department Director or Development Review Committee Decision: Any person aggrieved or affected by a decision of the Community & Economic Development Department Director, or their designee or the Development Review Committee, as applicable, in granting or denying a design review application may appeal to the Planning Commission at any time within ten calendar days after the date upon which the Community & Economic Development Department Director, or their designee or the Development Review Committee, as applicable, makes a decision. An appeal to the Planning Commission shall be taken by filing a letter of appeal, and the appropriate fee with the Planning Division. Such letter shall set forth the grounds upon which the appeal is based. Upon such appeal the matter shall be placed on the next available agenda meeting of the Planning Commission. The Planning Commission decision is final unless appealed to the City Council.

2.

Appeal of the Planning Commission Decision: Any person aggrieved or affected by a decision of the Planning Commission in granting or denying a design review application may appeal to the City Council at any time within ten calendar days after the date upon which the Planning Commission makes a decision. An appeal to the Planning Commission shall be taken by filing a letter of appeal, and the appropriate fee with the Planning Division. Such letter shall set forth the grounds upon which the appeal is based. Upon such appeal the matter shall be placed on the next available agenda meeting of the Land Use Committee of the City Council. The Land Use Committee may continue the matter for more information and upon review of that information shall consider the appeal and make a recommendation to the City Council for consideration at the next regularly scheduled City Council meeting. Any items that, because of scheduling irregularities of the Land Use Committee, cannot be heard by the Land Use Committee within 20 business days of the appeal deadline, shall be referred directly to the City

Council unless the applicant requests or consents to a continuance to allow Land Use Committee review. The City Council may affirm, reverse or modify the decision of the Land Use Committee or Planning Commission.

(Ord. 7552 §50, 2021; Ord. 7331 §107, 2016; Ord. 6966 §1, 2007)

Chapter 19.720 - VARIANCE

California Government Code Section 65906 establishes the authority of the City to grant variances to the development standards and provisions of the Zoning Code in cases where, because of special circumstances applicable to the property, the strict application of the Zoning Code deprives such property of privileges enjoyed by other property in the vicinity and under identical land use zones.

(Ord. 7592 § 10(Exh. K), 2022; Ord. 7331 § 108, 2016; Ord. 6966 § 1, 2007)

19.720.020 - Applicability.

A.

A variance application shall be filed whenever any deviation from the development standard provisions of the Zoning Code is proposed, including, but not limited to, those standards related to height, lot area, yards, open spaces, setbacks, lot dimensions, signs and parking, unless such deviations qualify as administrative adjustments according to Chapter 19.660 (General Application Processing Procedures).

B.

Variances may not be approved for uses or activities not otherwise expressly authorized by the Zoning Code. A variance is not a substitute for a zone change, zone text amendment, or conditional use permit.

C.

Financial hardship does not represent grounds on which to file a variance application.

D.

Variances to use provisions of the Zoning Code are prohibited.

(Ord. No. 7701, § 45, 2025; Ord. 7592 § 10(Exh. K), 2022; Ord. 7331 § 108, 2016; Ord. 6966 § 1, 2007)

19.720.030 - Procedures.

A.

General process. Variance applications shall be processed in accordance with the discretionary processing provisions as set forth in Chapters 19.650 (Approving Authority), 19.660 (General Application Processing Procedures), 19.670 (Notices and Hearings), 19.680 (Appeals), 19.690 (Effective Dates) and other applicable Chapters of the Zoning Code.

(Ord. 7592 § 10(Exh. K), 2022; Ord. 7331 § 108, 2016; Ord. 6966 § 1, 2007)

19.720.040 - Required findings.

A.

The Director of Community & Economic Development Department, Planning Commission or the City Council may approve a variance when special circumstances applicable to the property, including size, shape, topography, location or surroundings, deprive the property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

B.

The following findings are required:

1.

The variance does not grant or authorize a use or activity that is not otherwise allowed in the zone.

2.

There are practical difficulties or unnecessary hardships created with the strict application of the code because of the physical circumstances and characteristics of the property that are not shared by other properties in the zone.

3.

The variance does not grant special privileges which are not otherwise available to surrounding properties and will not be detrimental to the public welfare or to the property of other persons located adjacent to the subject property and in the vicinity.

C.

Failure to make all of the required findings shall require denial of the variance.

(Ord. 7592 § 10(Exh. K), 2022; Ord. 7487 § 4, 11-5-2019; Ord. 7331 § 108, 2016; Ord. 6966 § 1, 2007)

A.

In granting a variance, certain safeguards may be required and certain conditions established to protect the public health, safety, convenience and general welfare and to assure that the purposes of the Zoning Code shall be maintained with respect to the particular use on the particular site and in consideration of the location, use, building and characteristics and environmental impact of the proposed use and of existing and potential uses within the general area in which such use is proposed to be located.

B.

The conditions attached to variance may include such provisions concerning height, area, yards, open spaces, setbacks, parking, loading, signs, improvements, site design, operation characteristic, land use compatibility, general character, appearance, environmental impact, time limits for commencing the construction authorized, revocation dates, and other conditions the Director of Community & Economic Development Department or Planning Commission may deem appropriate and necessary to carry out the purposes of the Zoning Code and Chapter.

(Ord. 7592 § 10(Exh. K), 2022; Ord. 7487 § 5, 11-5-2019; Ord. 7331 § 108, 2016; Ord. 6966 § 1, 2007)

Chapter 19.730 - MINOR CONDITIONAL USE PERMIT

A.

Uses listed in the Zoning Code as requiring a minor conditional use permit are deemed to possess location, use, building or traffic characteristics of such unique and special form as to make impractical or undesirable, their automatic inclusion as permitted uses.

B.

In granting a minor conditional use permit, certain conditions may be required to protect the public health, safety, convenience, and general welfare and to assure that the purposes of the Zoning Code shall be maintained with respect to the location, use, building, traffic and other impacts of the proposed use and its relationship with other existing and proposed uses in the surrounding area. The conditions may relate to use, height, area, yards, open spaces, setbacks, parking, loading, signs, improvements, general character, appearance, time limits, revocation dates, and other conditions necessary to comply with the findings listed in Chapter 19.730.040 (Required Findings) and all applicable site location, operation and development standards.

(Ord. 7331 §109, 2016; Ord. 6966 §1, 2007)

A.

General process. Minor Conditional Use Permit (MCUP) applications shall be processed in accordance with the discretionary permit processing provisions as set forth in Chapters 19.650 (Approving Authority), 19.660 (General Application Processing Procedures), 19.670 (Notices and Hearings), 19.680 (Appeals), 19.690 (Effective Dates) and other applicable Chapters of the Zoning Code.

(Ord. 7331 §109, 2016; Ord. 6966 §1, 2007)

A.

The Approving or Appeal Authority may grant a minor conditional use permit, in accordance with the procedures stated in this article, for any of the uses specifically listed in the Zoning Code as permitted subject to the granting of a minor conditional use permit. Tables 19.150.020.A and B summarize those uses requiring a minor conditional use permit and the applicable base zones.

B.

The Development Review Committee may grant an amendment to a previously approved conditional use permit by approval of a MCUP for the following types of additions and expansions:

1.

Any building expansion not exceeding 25 percent of the gross floor area of the building area occupied by the conditional use, up to a maximum of 2,000 square feet; and

2.

Any expansion of a day care center, club, lodge, educational institution, board and care facility or other similar use, not exceeding 25 percent of the approved occupancy, up to a maximum of 25 occupants.

C.

The cumulative total of all additions and expansions grantable by the Development Review Committee under Section 19.730.030 B. may not exceed the figures listed in this section over the life of the minor conditional use permit. Any cumulative addition or expansion that causes any of these figures to be exceeded must

be filed as a revised conditional use permit, requiring a new public hearing.

(Ord. 7331 §109, 2016; Ord. 7235 §18, 2013; Ord. 6966 §1, 2007)

19.730.040 - Required findings.

The Development Review Committee may grant a minor conditional use permit, in whole or in part, and including appropriate conditions of approval if, from the facts available in the application and determined by investigation, all of the following written findings can be made:

A.

The proposed use is substantially compatible with other uses in the area, including factors relating to the nature of its location, operation, building design, site design, traffic characteristics and environmental impacts.

B.

The proposed use will not be materially detrimental to the health, safety and general welfare of the public or otherwise injurious to the environment or to the property or improvements within the area.

C.

The proposed use will be consistent with the purposes of the Zoning Code.

D.

The proposed use is in conformance with specific site location, development and operation standards as may be established in the Zoning Code for the particular use.

(Ord. 7331 §109, 2016; Ord. 6966 §1, 2007)

19.730.050 - Conditions of approval/guarantees.

A.

In granting a minor conditional use permit, certain safeguards may be required and certain conditions established to protect the public health, safety, convenience and general welfare and to assure that the purposes of the Zoning Code shall be maintained with respect to the particular use on the particular site and in consideration of the location, use, building and traffic characteristics and environmental impact of the proposed use and of existing and potential uses within the general area in which such use is proposed to be located.

B.

The conditions attached to minor conditional use permits may include such provisions concerning use, height, area, yards, open spaces, setbacks, parking, loading, signs, improvements, site design, operation characteristic, land use compatibility, general character, appearance, environmental impact, time limits for commencing the construction or use authorized, revocation dates, and other conditions the Development Review Committee may deem appropriate and necessary to carry out the purposes of the Zoning Code and Chapter.

C.

The Development Review Committee may require bonds or other forms of guarantees for the minor conditional use permit to ensure compliance with this chapter and other applicable provisions of the Zoning Code, and to prevent adverse or detrimental impact to the surrounding neighborhood.

D.

The conditions of approval must be kept on site and be made available for inspection on demand by a City representative.

E.

Minor Conditional Use Permits granted pursuant to the provisions of this title shall be transferable upon a change of ownership of the site, business, service, use or structures, provided that the use is in substantial conformance with the previously approved use and conditions of the original permit or approval are fully complied with, and the project is not modified or enlarged/expanded.

(Ord. 7331 §109, 2016; Ord. 6966 §1, 2007)

19.730.060 - Minor modifications to approved minor conditional use permits.

Minor modifications to approved minor conditional use permits pursuant to Section 19.730.030 may be approved by the Development Review Committee.

(Ord. 7331 §109, 2016; Ord. 6966 §1, 2007)

19.730.090 - Review for compliance and revocation.

A.

Compliance investigation. The City may conduct an investigation to ensure that the permittee is maintaining the use as applied for and has not converted or modified the use. Failure to operate in accordance with the conditions of the minor conditional use permit is grounds for setting the matter for public hearing to consider revocation of the permit. The City may also pursue any other option permitted by law to require compliance with the conditions of the permit.

B.

Revocation of minor conditional use permits.

1.

The Planning Commission shall hold a public hearing to consider the revocation of a minor conditional use permit granted in accordance with the provisions of this chapter and over which such Commission has jurisdiction.

2.

Written notice of the date, time, place and purpose of such public hearing shall be served on the owner of the property for which the permit was granted by registered mail, postage prepaid, return receipt requested, not less than ten days prior to the date of such hearing. Additional notice shall be given in the manner prescribed in this chapter governing notices of minor conditional use permits. The public hearing and investigations shall be conducted and hearing records maintained in the manner prescribed in this chapter.

3.

A minor conditional use permit may be revoked if, from the facts presented at the public hearing or by investigation, the Planning Commission finds any one or more of the following grounds:

a.

That a permit approval was obtained by fraud;

b.

That the permit granted is being or has been exercised contrary to the conditions of such permit or in violation of any applicable licenses, permits, regulations, laws, or ordinances; or

c.

That the use for which the permit approval was granted is being or has been exercised as to be detrimental to the public health or safety or so to constitute a nuisance.

4.

Each decision by the Planning Commission to revoke a minor conditional use permit shall be by a formal and numbered resolution adopted by the affirmative votes of at least two-thirds of the membership of the Planning Commission, such membership being based upon membership present and voting. The Planning Commission shall make its findings, announce its decision and mail a notice of its decision to the owner of the property involved in the manner prescribed in this chapter. Any person aggrieved or affected by a decision of the Planning Commission in approving or disapproving a revocation of a minor conditional use permit may appeal to the City Council in the manner prescribed in this chapter. The City Council may, after a public hearing has been held in the manner prescribed in this section, affirm, reverse or modify the decision of the Planning Commission.

(Ord. 7331 §109, 2016; Ord. 6966 §1, 2007)

If the Planning Commission determines based upon written findings that it is necessary to protect the public health, safety or general welfare, the Planning Commission may limit the term of the permit.

(Ord. 7331 §109, 2016; Ord. 6966 §1, 2007)

19.730.110 - Voiding of minor conditional use permits.

A.

Any minor conditional use permit granted by the Development Review Committee or by the Planning Commission or City Council on appeal shall become null and void if:

1.

The construction or use authorized by such permit is not commenced within the time limit specified in such permit and such construction is not pursued diligently to completion; provided, however, that the Community & Economic Development Director may extend the time limit if a written application showing good cause for such time extension is submitted to the Planning Division prior to the expiration of the time limit.

2.

The owner or owners authorized representative of the property for which the permit was granted requests in writing that the permit be partially or fully voided and the Community & Economic Development Director approves such request.

B.

Conditions of a minor conditional use permit related to Assemblies of People - Entertainment that is granted by the Development Review Committee, the Planning Commission, or City Council may be voided by the Director of Community & Economic Development Department, or his or her designee, if an Entertainment Permit, as defined in Title 5, is issued.

(Ord. 7487 § 6, 11-5-2019; Ord. 7331 §109, 2016; Ord. 6966 §1, 2007)

Chapter 19.740 - TEMPORARY USE PERMIT

The purpose of a Temporary Use Permit (TUP) is to regulate those uses and activities of a temporary nature that may affect the public peace, health, safety, and general welfare.

(Ord. 7331 §110, 2016; Ord. 7211 §1, 2013; Ord. 6966 §1, 2007)

19.740.020 - Applicability.

A.

Temporary uses shall be permitted on private property with the issuance of a Temporary Use Permit (TUP) as specified in Tables 19.150.020.C (Temporary Use Table) and 19.740.020 (Temporary Uses) in zones where the temporary use is permitted.

B.

Temporary uses shall be limited to the maximum number of contiguous days each use is allowed per event, the maximum number of occurrences each use is allowed and the maximum number of days per calendar year on each property or commercial complex as listed below.

C.

Non-City Sponsored events or uses located within the Public Right-of-Way, Public Park or other City owned land shall be subject to Chapter 2.28 of the Riverside Municipal Code and the granting of a Special Events Permit issued by the Arts and Cultural Affairs Division of the City of Riverside. Events which occur on both Public and Private Property (i.e. a Marathon using a public street but starting or ending at a privately owned shopping center) would be governed by the Special Event Permit provisions of Chapter 2.28 of the Riverside Municipal Code and not subject to a Temporary Use Permit.

D.

Temporary uses listed in Table 19.740.020A below shall obtain a TUP for each event.

E.

A filing fee established by City Council Resolution shall be required prior to the issuance of a Temporary Use Permit.

F.

Temporary Uses shall comply with all applicable development, operational and location standards listed in Chapter 19.740.050, obtain all applicable Department approvals, and the applicant shall be responsible for payment of the associated filing fee.

G.

Minor Temporary Uses, as identified in Table 19.740.020, that do not comply with all applicable standards may be processed under the Major Temporary Use Permit process provided the Community & Economic Development Director or his/her designee and all applicable Departments approve the request; the applicant shall be responsible for payment of the associated Major Temporary Use filing fee.

H.

Events sponsored and sanctioned by an IRS recognized 501(c)(3) organization and contained entirely on-site shall obtain, at no fee, a Temporary Use Permit provided:

1.

Any proposed tents or structures shall be reviewed and approved by the Building and Safety Division and/or Fire Department which may require additional permits.

2.

Events which utilize adjacent sidewalks, streets, or other public property shall be subject to a Special Events Permit.

I.

Other uses not listed. The Community & Economic Development Director or their designee may determine that a use is similar to, and no more detrimental than, a listed Temporary Use. The maximum number of days and occurrences shall be at the discretion of the Community & Economic Development Director or their designee.

J.

Determination of City departments and other agencies whose approval is required prior to each occurrence will be determined by the Planning Division as part of the TUP review process with respect to each proposed temporary use.

(Ord. 7743, § 14(Exh. E), 2025; Ord. 7505 § 1(Exh. A), 2020; Ord. 7487 §§ 20, 21(Exh. F), 11-5-2019; Ord. 7408 §1, 2018; Ord. 7331 §110, 2016; Ord. 7211 §1, 2013; Ord. 6966 §1, 2007)

Table 19.740.020

Temporary Use Permit

1 An applicant or property owner may request an increase in the maximum number of days per event, number of occurrences, or days per calendar year by requesting consideration of a Temporary Use Permit to the City Manager and paying all applicable filing fees.

A.

Any temporary uses allowed by this chapter proposed to be located within the boundaries of the Riverside Convention Center shall be exempt from the TUP process. Any proposed tents or structures shall be reviewed and approved by the Building and Safety Division and/or Fire Department which may require additional permits. Events which utilize adjacent sidewalks or other public property shall be subject to the granting of a Special Events Permit.

B.

Activities clearly incidental to a Public K-12 School, College or University (UCR and RCC) regulated and funded by a public governmental agency, such as graduation and sporting events, contained entirely on-site (including all parking) shall be exempt from the TUP process.

C.

Activities clearly incidental to a private K-12 school, college or university (CBU and LSU), such as graduation and sporting events, contained entirely on-site (including all parking) shall be exempt from the TUP process provided there is an active Conditional Use Permit (CUP) or Campus-Wide Specific Plan for the institution. Fairs, concerts, etc. which rely on on-street parking or path of travel shall not be included in this exception. Vocational and training schools are not included in this exemption.

D.

Events sponsored and sanctioned by the Master Property Association or Property Manager for Regional Shopping Centers which are 20 acres or larger located within the CR - Commercial Retail, CG - Commercial General or CRC - Commercial Retail Center Zone shall be exempt from the TUP process provided the entire event occurs on managed or owned properties.

E.

Minor parking lot sales in conjunction with a permanent land use, on properties zoned CR-Commercial Retail, CG-Commercial General, and CRC-Commercial Regional Center are permitted and exempt from the TUP process provided that sales occur with written permission from the property owners. Sales shall occur up

to four times a year for up to four days at a time. Minor parking lot sales shall be defined as those that do not require parking or drive aisle circulation space; are limited to a single vendor; and sell floral, holiday, and graduation gifts only.

(Ord. 7743, § 15, 2025; Ord. 7487 § 22, 11-5-2019; Ord. 7331 §110, 2016; Ord. 7211 §1, 2013; Ord. 6966 §1, 2007)

19.740.050 - Development, operational and location standards.

A.

Any use which is prohibited by state or federal law is also strictly prohibited.

B.

All events must comply with Title 7 of the Riverside Municipal Code (Noise).

C.

Temporary uses listed in Table 19.740.020 above shall comply with the following development standards:

Car show

a.

The parking of vehicles shall occur on improved surfaces only (i.e. asphalt or concrete).

b.

The event shall not occupy more than 30 percent of a required parking area and shall not substantially alter the existing circulation pattern of the site.

c.

The event shall provide and maintain all state and federal disabled access requirements including, but not limited to parking, path of travel, sanitation facilities, etc. d.

The event shall not block or modify any fire lane or fire hydrant.

e.

No stage shall be permitted.

f.

No tents, canopies or other temporary structures with an individual area of 120 square feet shall be permitted.

Caretaker living quarters—Temporary during construction. For development standards for caretaker living quarters used during construction review Article XII Chapter 19.465.

Christmas tree and pumpkin sales (seasonal). Christmas tree and pumpkin sales lots are subject to compliance with the following criteria as set forth below: a.

Christmas tree or pumpkin sales within an existing retail center or business may not occupy more than ten percent of a required parking area and may not substantially alter the existing traffic circulation pattern of the site. The temporary sales area shall not obstruct any existing handicap accessible parking space. Sidewalks shall be maintained at a minimum width of four feet to provide for handicap access. A site plan shall be submitted for approval by the Community & Economic Development Director or their designee;

b.

Christmas tree and pumpkin sales lots located on vacant property shall provide adequate on-site parking spaces and access. A site plan shall be submitted for approval by the Community & Economic Development Director or their designee. Upon approval, the sales lot shall be clearly marked in accordance with the approved site plan;

c.

Hours of operation, including the use of generators and lot lighting, excluding security lighting, shall be limited to 9:00 a.m. to 10:00 p.m., unless other hours are specified by written approval issued by the Community & Economic Development Director or their designee. Security lighting shall be shielded to prevent light spillage onto adjacent properties;

d.

Incidental sales of Christmas tree lights, tree decorations and stands may be permitted in conjunction with a Christmas tree sales lot, but sales of gift items are excluded; and

e.

Other conditions to mitigate potential land use impacts and public safety can be required on a case-by-case basis as deemed necessary and appropriate by the Community & Economic Development Director or their designee.

4.

Circus or carnival (with or without tent).

a.

A circus or carnival within an existing retail center or business may not occupy more than ten percent of a required parking area and may not substantially alter the existing traffic circulation pattern of the site.

b.

The event shall not obstruct any existing handicap accessible parking space. Sidewalks shall be maintained at a minimum width of four feet to provide for handicap access. A site plan shall be submitted for approval by the Community & Economic Development Director or their designee;

c.

A circus or carnival located on vacant property shall provide adequate vehicular access. A site plan shall be submitted for approval by the Community & Economic Development Director or their designee. Upon approval, the sales lot shall be clearly marked in accordance with the approved site plan;

d.

Hours of operation, including the use of generators and lot lighting, excluding security lighting, shall be limited to 9:00 a.m. to 10:00 p.m., unless other hours are specified by written approval issued by the Community & Economic Development Director or his/her designee. Security lighting shall be shielded to prevent light spillage onto adjacent properties;

e.

The circus or carnival shall be located a minimum of 100 feet from any residentially zoned or utilized property unless otherwise specified by written approval issued by the Community & Economic Development Director or their designee.

f.

Other conditions to mitigate potential land use impacts and public safety can be required on a case-by-case basis as deemed necessary and appropriate by the Community & Economic Development Director or their designee.

5.

Dwelling Unit (Motor Home, RV, camper, etc.).

a.

A dwelling unit may only be permitted on a residentially used parcel.

b.

The vehicle may not be parked within the public right-of-way, overhang into the public right-of-way, block any sidewalk or path of travel and may be no closer than five feet from any interior property line.

c.

The vehicle must be parked on a concrete pad or driveway.

d.

Generators may only be permitted between the hours of 7:00 a.m. and 10:00 p.m. as permitted by Title 7 of the Riverside Municipal Code.

Fair, concert, exhibit or similar uses.

a.

A fair, concert, exhibit or similar use within an existing retail center or business may not occupy more than ten percent of a required parking area and may not substantially alter the existing traffic circulation pattern of the site.

b.

The event shall not obstruct any existing handicap accessible parking space. Sidewalks shall be maintained at a minimum width of four feet to provide for handicap access. A site plan shall be submitted for approval by the Community & Economic Development Director or their designee;

c.

A fair, concert, exhibit or similar use located on vacant property shall provide adequate vehicular access. A site plan shall be submitted for approval by the Community & Economic Development Director or their designee. Upon approval, the sales lot shall be clearly marked in accordance with the approved site plan;

d.

Hours of operation, including the use of generators and lot lighting, excluding security lighting, shall be limited to 9:00 a.m. to 10:00 p.m., unless other hours are specified by written approval issued by the Community & Economic Development Director or their designee. Security lighting shall be shielded to prevent light spillage onto adjacent properties;

e.

The fair, concert, exhibit or similar use shall be located a minimum of 100 feet from any residentially zoned or utilized property unless otherwise specified by written approval issued by the Community & Economic Development Director or their designee.

f.

Other conditions to mitigate potential land use impacts and public safety can be required on a case-by-case basis as deemed necessary and appropriate by the Community & Economic Development Director or their designee.

7.

Mobile medical units for humans.

a.

Mobile medical units shall not be located within any required front or street side yard. An interior side or rear yard where off-street parking is allowed may be occupied by a mobile medical unit.

b.

Mobile medical units shall not be placed within, disrupt or displace any required accessible path of travel or fire lane.

8.

Non-commercial tent meeting.

a.

A non-commercial tent meeting within an existing retail or industrial center or business may not occupy more than ten percent of a required parking area and may not substantially alter the existing traffic circulation pattern of the site.

b.

The event shall not obstruct any existing handicap accessible parking space. Sidewalks shall be maintained at a minimum width of four feet to provide for handicap access. A site plan shall be submitted for approval by the Community & Economic Development Director or their designee;

c.

A non-commercial tent meeting located on vacant property shall provide adequate vehicular access. A site plan shall be submitted for approval by the Community & Economic Development Director or their designee. Upon approval, the sales lot shall be clearly marked in accordance with the approved site plan;

d.

Hours of operation, including the use of generators and lot lighting, excluding security lighting, shall be limited to 9:00 a.m.to 10:00 p.m., unless other hours are specified by written approval issued by the Community & Economic Development Director or their designee. Security lighting shall be shielded to prevent light spillage onto adjacent properties;

e.

The non-commercial tent meeting shall be located a minimum of 100 feet from any residentially zoned or utilized property unless otherwise specified by written approval issued by the Community & Economic Development Director or their designee.

f.

Other conditions to mitigate potential land use impacts and public safety can be required on a case-by-case basis as deemed necessary and appropriate by the Community & Economic Development Director or their designee.

9.

Outdoor preparation of food (temporary).

a.

The requirements for the outdoor preparation of food apply only when in conjunction with a permanent indoor restaurant and does not pertain to the outdoor preparation of food in association with legally established school or assemblies of people—non-entertainment, street fairs, carnivals or push carts that are

regulated separately.

b.

For development standards for the temporary outdoor preparation of food the standards for outdoor dining and food preparation (permanent) shall apply, Chapter 19.495.

c.

No tents, canopies or other temporary structures with an individual area of 120 square feet shall be permitted.

d.

Other conditions to mitigate potential land use impacts and public safety can be required on a case-by-case basis as deemed necessary and appropriate by the Community & Economic Development Director or their designee.

10.

Outdoor sales event in conjunction with a permanent land use.

a.

An outdoor sales event in conjunction with a permanent land use within an existing retail center or business may not occupy more than ten percent of a required parking area and may not substantially alter the existing traffic circulation pattern of the site.

b.

The event shall not obstruct any existing handicap accessible parking space. Sidewalks shall be maintained at a minimum width of four feet to provide for handicap access. A site plan shall be submitted for approval by the Community & Economic Development Director or their designee;

c.

An outdoor sales event must be in conjunction with, and clearly incidental to, an existing permanent use on site. Outdoor sales on vacant lots is not permitted (see outdoor sales event not in conjunction with a permanent land use below).

d.

The applicant shall provide and maintain all state and federal disabled access requirements including, but not limited to parking, path of travel, sanitation facilities, etc.

e.

The event shall not block or modify any fire lane or fire hydrant.

f.

No stage shall be permitted.

11.

Outdoor sales event not in conjunction with a permanent land use.

a.

An outdoor sales event not in conjunction with a permanent land use within an existing retail center or business may not occupy more than ten percent of a required parking area and may not substantially alter the existing traffic circulation pattern of the site.

b.

The event shall not obstruct any existing handicap accessible parking space. Sidewalks shall be maintained at a minimum width of four feet to provide for handicap access. A site plan shall be submitted for approval by the Community & Economic Development Director or their designee;

c.

An outdoor sales event not in conjunction with a permanent land use located on vacant property shall provide adequate on-site parking spaces and access. A site plan shall be submitted for approval by the Community & Economic Development Director or their designee. Upon approval, the sales lot shall be clearly marked in accordance with the approved site plan;

d.

The applicant shall provide an maintain all state and federal disabled access requirements including, but not limited to parking, path of travel, sanitation facilities, etc.

e.

The event shall not block or modify any fire lane or fire hydrant.

f.

No stage shall be permitted.

g.

Hours of operation, including the use of generators and lot lighting, excluding security lighting, shall be limited to 9:00 a.m. to 10:00 p.m., unless other hours are specified by written approval issued by the Community & Economic Development Director or their designee. Security lighting shall be shielded to prevent light spillage onto adjacent properties;

h.

the Outdoor sales area and Parking Lot shall be located a minimum of 100 feet from any residentially zoned or utilized property unless otherwise specified by written approval issued by the Community & Economic Development Director or their designee.

i.

Other conditions to mitigate potential land use impacts and public safety can be required on a case-by-case basis as deemed necessary and appropriate by the Community & Economic Development Director or their designee.

12.

Subdivision sales trailer or office during construction.

a.

The temporary unit shall be located on-site and in the rear half of the lot, unless otherwise approved by the Community & Economic Development Director or their designee. In no instance shall the temporary unit be located within public right-of-way.

b.

The temporary unit shall be located at least five feet from all property lines. For side and rear property lines adjoining an existing residential use, the setback of the underlying zone shall apply.

c.

The temporary unit shall be connected to water and electric utilities. Where required by the Public Works Department, the unit shall be connected to the sewer system.

d.

The unit shall be allowed to remain on the site for an initial period of no more than six months, except that individual extensions of up to three months each with a maximum of one year from the date of the initial siting may be granted by the Community & Economic Development Director or their designee. There shall be no fee for these time extensions. In considering whether to grant a time extension, the Community & Economic Development Director or their designee may consider evidence of any land use compatibility related complaints from surrounding residents and property owners.

e.

No later than seven days following the issuance of a certificate of occupancy for the permanent building, the temporary unit shall be removed from the site.

f.

An active building permit shall be in effect prior to locating the temporary unit on-site and at all times that the unit remains on-site. The unit is to be removed within seven days of expiration of the building permit.

13.

Temporary emergency shelter with assemblies of people-non-entertainment.

a.

A temporary emergency shelter may be permitted in conjunction with an assemblies of people-non-entertainment use.

b.

A written management and security plan shall be provided for review and approval by the Community & Economic Development Director or their designee.

c.

A site maintenance and operations plan for ongoing property cleaning, noise control, and odor, dust, and litter control shall be submitted for review and approval of the Community & Economic Development Director or their designee prior to commencement of operations.

d.

The placement of beds are temporary and limited to the maximum number of days identified in Table 19.740.020.

e.

Temporary emergency shelters shall be consistent with applicable airport land use compatibility plans. See Chapter 19.149 - Airport Land Use Compatibility.

Temporary holiday storage containers.

a.

A maximum of four temporary holiday storage containers may be permitted for retail outlets with 15,000 square feet or more of gross floor area for overstock of products and goods.

b.

A maximum of two temporary holiday storage containers may be permitted for retail outlets with 10,000 to 15,000 square feet of gross floor area for overstock of products and goods.

c.

A maximum of one temporary holiday storage containers may be permitted for retail outlets with 5,000 to 10,000 square feet or more of gross floor area for overstock of products and goods.

d.

The containers shall be located behind the building to minimize the visual impact from public view.

e.

The containers shall not be located within any building setback area.

f.

The containers shall maintain the minimum building setback from all property lines as determined by the California Building Code or 10 feet whichever is greater.

g.

The containers shall not be located within a fire lane nor block any fire hydrant.

15.

Vapor recovery operation. Vapor recovery operations for fuel-contaminated soil are subject to the site location criteria, operation and development standards below:

a.

Site location criteria.

(1)

All equipment shall be located as far as possible, but not closer than ten feet, to any property with a residential use or other uses designed for overnight human habitation, such as motels, hotels, hospitals or group homes.

(2)

The location on the site shall not disrupt the flow of traffic onto and off of the site.

(3)

Whenever possible, the facility shall not displace required parking. If this is not possible, the Community & Economic Development Director or his/her designee may grant a temporary displacement of required parking for the time the vapor recovery operation is in operation.

b.

Operation and development standards.

(1)

All equipment shall be screened with landscaping, block walls or opaque fencing consistent with landscaping and/or physical improvements in the area.

(2).

Sound emanating from machinery shall be muffled so as not to exceed 60 dBA at the nearest property line of any nonresidential use and 45 dBA at the nearest property line of a residential use or other uses designed for overnight human habitation, such as motels, hotels, hospitals or group homes.

(3)

The Community & Economic Development Director or their designee may limit the hours of operation to between 9:00 a.m. and 10:00 p.m. where vapor recovery operations are located near residential uses or other uses designed for overnight human habitation, such as motels, hotels, hospitals or group homes.

(4)

Approval from all applicable governmental agencies shall be obtained.

(5)

At the conclusion of the vapor recovery operation, all machinery and improvements shall be completely removed from the site and the previously existing improvements shall be replaced in accordance with all local standards. The Community & Economic Development Director or their designee may require suitable documentation guaranteeing such removal and repairs.

(Ord. 7660, § 16, 2024; Ord. 7505 § 1(Exh. A), 2020; Ord. 7487 § 23, 11-5-2019; Ord. 7408 §1, 2018; Ord. 7331 §110, 2016; Ord. 7211 §1, 2013; Ord. 6966 §1, 2007)

Each permitted temporary use shall be limited to the maximum number of days and the maximum number of occurrences allowed per calendar year by Table 19.740.020 (Temporary Uses) of this chapter unless extended by the Community & Economic Development Director or their designee. When either the maximum number of days or the maximum number of occurrences has been reached the temporary use shall not be permitted on the property for the duration of the calendar year. A commercial complex shall be considered as one property for purposes of determining the maximum number of occurrences allowed. A commercial complex is defined as a group of two or more commercial uses on a single parcel or contiguous parcels that utilize common off-street parking and access.

(Ord. 7331 §110, 2016; Ord. 7211 §1, 2013; Ord. 6966 §1, 2007)

In all zones for those businesses or other authorized uses that ordinarily receive and/or send out merchandise, products and the like, articles to be loaded or unloaded may be temporarily stored outside for a period not to exceed two hours within specifically designated loading areas. No articles so stored shall be advertised or marked for sale at or from the loading area nor shall the loading area be used for merchandise display.

(Ord. 7331 §110, 2016; Ord. 7211 §1, 2013; Ord. 6966 §1, 2007)

19.740.080 - Application and permit issuance.

A.

Major temporary use permit.

1.

A least five working days prior to commencement of the event, the owner of the property proposed to be occupied by a temporary use or the owner's authorized representative:

i.

Verify and obtain approval from any required Department necessary for the specific event.

ii.

File the application for a temporary use permit with the Planning Division.

2.

The Community & Economic Development Director or their designee shall review the temporary use permit application for compliance with Sections 19.740.020 (Applicability) and 19.740.050 (Development and operational standards) of this chapter and shall approve or deny the application within five working days of receipt of a complete application. The applicant, having obtained all of the required City department and agency signatures, must obtain any additional required permits before operation of the temporary use. Approval of a temporary use permit does not constitute approval of any other required permits.

3.

If in the judgment of the Community & Economic Development Director or their designee, a proposed temporary use, even if in compliance with Sections 19.740.020 (Applicability) and 19.740.050 (Development and operational standards) of this chapter may have a substantial adverse impact on public health, safety or welfare, the Community & Economic Development Director or their designee may elect not to approve a temporary use permit and may refer the application for disposition by the City Council at its next regularly scheduled meeting.

4.

Failure to comply with the limitations contained in Sections 19.740.020 (Applicability) and 19.740.050 (Development and operational standards) shall be grounds for denial and/or revocation of a temporary use permit.

B.

Minor temporary use permit.

Prior to the commencement of the event, a minor temporary use permit shall be obtained from the Planning Division.

2.

The applicant shall:

i.

Obtain written authorization from the property owner or authorized representative.

ii.

Verify that the TUP event complies with all applicable development standards established in 19.740.050.

iii.

Submit for a Minor TUP at least five working days prior to the commencement of the event.

iv.

If an event does not comply with the prescribed site location and operation criteria specified in Section 19.740.050 for those uses eligible for a Minor TUP (See Table 19.740.020) then the applicant shall apply for a Major TUP as listed in Section 19.740.080.A above.

3.

In the event a Minor TUP is reviewed by staff and determined to not be in compliance with all applicable development standards, staff will inform the applicant that a Major TUP is required.

C.

Failure to comply with any of the provisions of this section shall authorize the Community & Economic Development Director or authorized designee to issue a stop work order and upon issuance of the stop work order, the temporary use shall cease until continuation is authorized by the Community & Economic Development Director or authorized designee.

D.

Copies of the Temporary Use Permit (major and minor) shall be made available to City Staff upon request.

(Ord. 7487 § 24, 11-5-2019; Ord. 7331 §110, 2016; Ord. 7211 §1, 2013; Ord. 6966 §1, 2007)

A.

If the Community & Economic Development Director or their designee determines that a temporary use is being operated contrary to the terms and conditions of a temporary use permit, or if circumstances under which the temporary use permit was issued have changed, such in the opinion of the Community & Economic Development Director or their designee, operation of the temporary use poses a negative impact on the public health, safety or general welfare, the Community & Economic Development Director or their designee shall issue an order to immediately cease and desist such operation. Upon receipt of the order, such operation of a temporary use shall immediately cease and desist.

B.

The Community & Economic Development Director or their designee's order to revoke a temporary use permit may be appealed in writing within two working days of its receipt. The City Community & Economic Development Director or his/her designee shall act on the appeal within five working days of the receipt of a properly filed appeal. In any case, the temporary use must immediately cease and desist pending consideration of the appeal.

(Ord. 7487 § 25, 11-5-2019; Ord. 7331 §110, 2016; Ord. 7211 §1, 2013; Ord. 6966 §1, 2007)

Appeals of the Community Development Director's Decision may be filed pursuant to Sections 19.680.030.B (Filing an Appeal) and 19.690.020.D (Effective Date of Permits and Actions) for action by the City Manager.

(Ord. 7331 §110, 2016; Ord. 7211 §1, 2013; Ord. 6966 §1, 2007)

Chapter 19.760 - CONDITIONAL USE PERMIT

A.

The City recognizes that certain uses, due to the nature of use, intensity, or size, require special review to determine if the use proposed, or the location of that use, is compatible with surrounding uses, or through the imposition of development and use conditions, can be made compatible with surrounding uses. The conditional use permit is provided for this purpose.

B.

To ensure compatibility with zoning regulations and surrounding properties, conditional uses require special consideration. The Planning Commission is empowered to grant and deny applications for conditional use permits and to impose reasonable conditions upon the granting of such permit.

(Ord. 7331 §111, 2016; Ord. 6966 §1, 2007)

A.

General process. Conditional Use Permit (CUP) applications shall be processed in accordance with the discretionary permit processing provisions as set forth in Chapters 19.650 (Approving Authority), 19.660 (General Application Processing Procedures), 19.670 (Notices and Hearings) and 19.680 (Appeals), 19.690 (Effective Dates) and other applicable Chapters of the Zoning Code.

(Ord. 7331 §111, 2016; Ord. 6966 §1, 2007)

19.760.030 - Applicability and permit requirement.

A.

The Approving or Appeal Authority may grant a conditional use permit, in accordance with the procedures stated in this article, for any of the uses specifically listed in the Zoning Code as permitted subject to the granting of a conditional use permit. Tables 19.150.020.A and B summarize those uses requiring a conditional use permit and the applicable base zones.

(Ord. 7331 §111, 2016; Ord. 6966 §1, 2007)

The Planning Commission may grant a conditional use permit in whole or in part, and including appropriate conditions of approval if, from the evidence presented at the public hearing, the following written findings can be made:

A.

The proposed use is substantially compatible with other existing and proposed uses in the area, including factors relating to the nature of its location, operation, building design, site design, traffic characteristics and environmental impacts;

B.

The proposed use will not be materially detrimental to the health, safety and general welfare of the public or otherwise injurious to the environment or to the property or improvements within the area; and

C.

The proposed use will be consistent with the purposes of the Zoning Code and the application of any required development standards is in the furtherance of a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest.

(Ord. 7331 §111, 2016; Ord. 6966 §1, 2007)

A.

In granting a conditional use permit, certain safeguards may be required and certain conditions established to protect the public health, safety, convenience and general welfare and to assure that the purposes of the Zoning Code shall be maintained with respect to the particular use on the particular site and in consideration of the location, use, building and traffic characteristics and environmental impact of the proposed use and of existing and potential uses within the general area in which such use is proposed to be located.

B.

The conditions attached to conditional use permits may include such provisions concerning use, height, area, yards, open spaces, setbacks, parking, loading, signs, improvements, site design, operation characteristics, land use compatibility, general character, appearance, environmental impact, time limits for commencing the construction or use authorized, revocation dates, and other conditions the Planning Commission may deem appropriate and necessary to carry out the purposes of the Zoning Code and Chapter.

C.

The Planning Commission may require bonds or other forms of guarantees for the conditional use permit to ensure compliance with this chapter and other applicable provisions of the Zoning Code, and to prevent adverse or detrimental impact to the surrounding neighborhood.

D.

The conditions of approval must be kept on site and be made available for inspection on demand by a City representative.

E.

Conditional use permits granted pursuant to the provisions of this title shall be transferable upon a change of ownership of the site, business, service, use or structures, provided that the use is in substantial conformance with the previously approved use and conditions of the original permit or approval are fully

complied with, and the project is not modified or enlarged/expanded.

(Ord. 7331 §111, 2016; Ord. 6966 §1, 2007)

A.

The decision of Planning Commission to grant a conditional use permit shall require an affirmative vote of two-thirds of the membership present and voting.

(Ord. 7331 §111, 2016; Ord. 6966 §1, 2007)

19.760.060 - Minor modifications to approved conditional use permits.

Minor modifications to approved conditional use permits pursuant to Section 19.730.030 may be approved by the Development Review Committee.

(Ord. 7331 §111, 2016; Ord. 6966 §1, 2007)

19.760.070 - Review for compliance and revocation.

A.

Compliance investigation. The City may conduct an investigation to ensure that the permittee is maintaining the use as applied for, in compliance with all conditions, and has not converted or modified the use. Failure to operate in accordance with the conditions of the conditional use permit shall be the subject of an enforcement action and administrative civil penalties as provided for under Chapter 1.17 of the Riverside Municipal Code and/or grounds for setting the matter for public hearings to consider revocation of the permit. The election of administrative civil penalties shall in no way act as a waiver of the revocation of the permit. The City may also pursue any other option permitted by law to require compliance with the conditions of the permit.

B.

Revocation of conditional use permits.

1.

The Planning Commission shall hold a public hearing to consider the revocation of a conditional use permit granted in accordance with the provisions of this chapter and over which such Commission has jurisdiction.

2.

Written notice of the date, time, place and purpose of such public hearing shall be served on the owner of the property for which the permit was granted by registered mail, postage prepaid, return receipt requested, not less than ten days prior to the date of such hearing. Additional notice shall be given in the manner prescribed in this chapter governing notices of conditional uses permits. The public hearing and investigations shall be conducted and hearing records maintained in the manner prescribed in this chapter.

3.

A conditional use permit may be revoked if, from the facts presented at the public hearing or by investigation, the Planning Commission finds any one or more of the following grounds:

a.

That the permit approval was obtained by fraud;

b.

That the permit granted is being or has been exercised contrary to the conditions of such permit or in violation of any applicable licenses, permits, regulations, laws, or ordinances; and

c.

That the use for which the permit approval was granted is being or has been exercised as to be detrimental to the public health or safety or so as to constitute a nuisance.

4.

Each decision by the Planning Commission to revoke a conditional use permit shall be by a formal and numbered resolution adopted by the affirmative votes of at least two-thirds of the membership of the Planning Commission, such membership being based upon membership present and voting. The Planning Commission shall make its findings, announce its decision and mail a notice of its decision to the owner of the property involved in the manner prescribed in this chapter. Any person aggrieved or affected by a decision of the Planning Commission in approving or disapproving a revocation of a conditional use permit may appeal to the City Council in the manner prescribed in this chapter. The City Council may, after a public hearing has been held in the manner prescribed in this section, affirm, reverse or modify the decision of the Planning Commission.

(Ord. 7331 §111, 2016; Ord. 6966 §1, 2007)

19.760.080 - Limited term approval.

If the Planning Commission determines based upon written findings that it is necessary to protect the public health, safety or general welfare, the Planning Commission may limit the term of the permit.

(Ord. 7331 §111, 2016; Ord. 6966 §1, 2007)

A.

Any conditional use permit granted by the Planning Commission or by the City Council on appeal shall become null and void if:

1.

The construction or use authorized by such permit is not commenced within the time limit specified in such permit, and such construction is not pursued diligently to completion; provided, however, that the Planning Commission may extend the time limit if a written application showing good cause for such time extension is submitted to the Planning Division prior to the expiration of the time limit; or

2.

The owner or owner's authorized representative of the property for which the permit was granted requests in writing that the permit be partially or fully voided and the Community & Economic Development Director approves such request.

B.

Conditions of a conditional use permit related to Assemblies of People - Entertainment that is granted by the Planning Commission or City Council may be voided by the Director of Community & Economic Development Department, or his or her designee, if an Entertainment Permit, as defined in Title 5, is issued.

(Ord. 7487 § 7, 11-5-2019; Ord. 7331 §111, 2016; Ord. 6966 §1, 2007)