§ 19.660

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