§ 19.670

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