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)

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.

2.

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.

3.

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)

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)

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)

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)

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.

2.

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:

1.

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

2.

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.

8.

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).

11.

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)

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.

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)

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)

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.

3.

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.

2.

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.

2.

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)

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)

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)

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)

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 as are 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. 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)

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.

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. 7552 §34, 2021; Ord. 7331 §103, 2016; Ord. 6966 §1, 2007)

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)

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)

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)

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)

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)

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)

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)

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)

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;

3.

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)

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.

3.

Accessory buildings and structures.

4.

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;

4.

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

7.

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)

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)

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.

5.

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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:

1.

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.

2.

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

3.

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.

6.

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.

14.

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)

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.

1.

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)

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)

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)

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)

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)

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)

The site plan review permit process is established to meet certain community goals that include the following:

A.

To ensure that the highest quality of land planning is incorporated into development projects;

B.

To ensure that new projects are compatible with existing neighborhoods in terms mass, scale and functionality;

C.

To ensure that development occurs with due regard to environmental factors;

D.

To provide for public improvements necessitated by the development; and

E.

To promote orderly, attractive and harmonious development, and promote the general welfare by preventing the establishment of uses or erection of structures that are not properly related to or that would adversely impact their sites, surroundings, traffic circulation or environmental setting.

(Ord. 7573 § 1(Exh. A), 2021; Ord. 7331 §112, 2016; Ord. 6966 §1, 2007)

A.

General process. Site plan review permit (SPR) 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. 7573 § 1(Exh. A), 2021; Ord. 7331 §112, 2016; Ord. 6966 §1, 2007)

The following commercial or mixed-use projects require a site plan review permit:

A.

Commercial. In addition to any other permits required by the Zoning Code, no new building, structure, exterior alteration or enlargement of an existing building or structure exceeding 10,000 square feet shall be commenced in the Commercial Regional Center Zone (CRC) (Chapter 19.110) until a Site Plan Review Permit has been granted pursuant to this chapter.

B.

Mixed-Use. In addition to any other permits required by the Zoning Code, no new building, structure or exterior alteration or enlargement of an existing building or structure exceeding 20,000 square feet of nonresidential space or 20 residential units, whichever is greater, shall be commenced in any Mixed-Use Village or Urban Zones (Chapter 19.120) until a site plan review permit has been granted pursuant to this chapter.

C.

Planning Commission requirement. The Planning Commission, at its discretion, may require a site plan review permit as a condition for any project.

D.

Exemption.

1.

Any site plan review included as part of the review for conditional use permits, minor conditional use permits and planned residential development permits and design review is subject to the requirements of Chapters 19.730 (Minor Conditional Use Permit), 19.760 (Conditional Use Permits) and 19.780 (Planned Residential Development Permit) and is therefore exempt from the requirement of a separate site plan review permit unless such site plan review is deferred at the time of approval of such permits.

2.

Stand-alone multi-family or age-restricted senior residential uses in any Mixed-Use zone are permitted by right subject to Chapter 19.710 - Design Review, and do not require a Site Plan Review.

(Ord. 7573 § 1(Exh. A), 2021; Ord. 7487 § 26, 11-5-2019; Ord. 7408 §1, 2018; Ord. 7331 §112, 2016; Ord. 7235 §19, 2013; Ord. 7091 §13, 2010; Ord. 6966 §1, 2007)

In order to achieve the purposes of this chapter, the approving or appeal authority may require reasonable conditions of approval on a site plan review permit including, but not limited to the following.

A.

Special conditions or requirements to revise the site plan, that are more restrictive than the development standards in the underlying base zone or including, but not limited to, the following:

1.

Building height, bulk or mass;

2.

Setbacks;

3.

Lot coverage;

4.

Lighting;

5.

Private and common open space and/or recreational amenities;

6.

Screening, including garages, trash receptacles, or mechanical equipment;

7.

Landscaping;

8.

Fencing plans;

9.

Parking, access and on-site circulation;

10.

Pedestrian circulation;

11.

Grading;

12.

Street dedication and improvements;

13.

Public improvements either on or off the subject site that are needed to service the proposed development;

14.

Project phasing;

15.

Any other revisions to the site plan or operational conditions deemed necessary to further the purposes of this title.

B.

Reduced development standards for affordable housing projects in accordance with the provisions of Chapter 19.545 (Density Bonus).

(Ord. 7660, § 17, 2024; Ord. 7573 § 1(Exh. A), 2021; Ord. 7331 §112, 2016; Ord. 6966 §1, 2007)

The Planning Commission may approve a Site Plan Review for development upon making the following findings:

A.

The proposed development is consistent with the General Plan, any applicable specific plans and the intent and purpose of the base zone.

B.

The proposed development, as conditioned, will not have substantial adverse effects on the surrounding property or uses, and will be compatible with the existing and planned land use character of the surrounding area.

C.

The proposed development is appropriate for the site and location. In mixed-use zones, the proposed development fosters a mixture of variety of land uses within the zone and the general vicinity and contributes to a synergistic relationship between uses.

D.

Buildings within a mixed-use development project must be compatible with each other and be designed as an integrated, unified project. All proposed development must meet the design standards and guidelines in Section 19.120.070 (Design Standards and Guidelines).

(Ord. No. 7701, § 46, 2025)

A.

These Planned Residential Development (PRD) regulations are established to allow for flexibility and creativity in design of single-family residential developments, and for the application of unique development standards that reflect special property conditions. Specifically, Planned Residential Development Permits are intended to achieve the following:

1.

In all applicable zones:

a.

Address the need to provide mechanisms to assist in producing a diversity of single-family residential housing and product types;

b.

Provide an incentive for clustered property development of environmentally and topographically constrained land in order to minimize the impacts of development on more environmentally sensitive portions of that land, particularly in the RC Zone;

c.

Allow the development of small-lot infill subdivisions in existing neighborhoods, thereby allowing a more efficient and creative use of often difficult to develop properties when the proposed development is designed in a manner that is compatible with all existing development in the vicinity;

d.

Encourage and allow more creative and imaginative project design by allowing increased development densities. In return, planned residential developments are required to incorporate open space, amenities for recreational and visual enjoyment and superior design features, which are encouraged, but not required of standard single-family residential developments;

e.

To provide increased opportunities for home ownership consistent with the objectives of the City's General Plan; and

f.

Assist in the preservation and enhancement of valuable natural areas, where appropriate and especially in the RC Zone.

2.

In the RC Zone: PRD's in the Residential Conservation Zone (RC) shall be established consistent with General Plan objectives and voter approved initiatives (Proposition R and Measure C) to protect prominent ridges, hilltops and hillsides, slopes, arroyos, ravines and canyons, and other areas with high visibility or topographic conditions that warrant sensitive development from adverse development practices, and specifically, to achieve the following objectives:

a.

To promote clustering of lots on less sensitive portions of the property to preserve valuable open space and wildlife habitat;

b.

To provide each individual lot with its own private open space areas preserving natural open space areas and features in common open space areas pursuant to Proposition R and Measure C; and

c.

To promote the preservation of viewscapes and low impact development.

(Ord. 7683, § 18, 2024; Ord. 7331 §113, 2016; Ord. 7027 §3, 2009; Ord. 6966 §1, 2007)

A Planned Residential Development is permitted according to the following permit types:

1)

Planned Residential Development Permit.

a)

Permitted in single-family residential zones except the RA-5 zone.

b)

Consists of any number of dwelling units.

2)

Minor Planned Residential Development Permit (Minor PRD).

a)

Permitted in single-family residential zones except the RC and RA-5 zone.

b)

Consists of five to 16 dwelling units.

3)

Administrative Planned Residential Development Permit (Admin PRD).

a)

Permitted in single-family residential zones except the RC and RA-5 zone.

b)

Consists of four or fewer parcels.

4)

Small Lot Subdivision Planned Residential Development Permit (Small Lot PRD).

a)

Permitted in multi-family (R-3) residential zones except for R-4.

b)

Consists of 16 or fewer dwelling units.

The Approving Authority shall review and evaluate a proposed project, including plot plans, architectural plans, grading plans, tract or parcel map, and proposed amenities, and shall approve, conditionally approve, or deny the proposed project, based on the findings and criteria indicated in Section 19.780.050.A for single-family residential zones or Section 19.780.055.B for R-3 zones.

(Ord. 7683, § 19, 2024; Ord. 7331 §113, 2016; Ord. 6966 §1, 2007)

A.

General process. All Planned Residential Development Permit (PRD) applications shall be processed in accordance with the discretionary permit processing provisions as set forth in Chapters 19.640 (General Permit Provisions), 19.650 (Approving and Appeal Authority), 19.660 (General Application Processing Procedures), 19.670 (Public Hearings and Notice Requirements), 19.680 (Appeals), 19.690 (Effective Dates, Time Limits, and Extensions) and other applicable Chapters of the Zoning Code.

B.

Map required. The application shall be accompanied by a tentative map that shall be filed with the Planning Division in accordance with procedures set forth in Chapter 18.080 of Title 18 (Subdivision Code).

C.

Phasing. If a Planned Residential Development is proposed to be constructed in phases, the proposed phasing schedule is subject to approval by the Director of Community & Economic Development.

D.

Planned Residential Development permit expiration. Time limits and extensions shall be the same as for the related subdivision, consistent with the provisions of Title 18 (Subdivision Code) prior to issuance of the first building permit. After the first building permit has been pulled the Planned Residential Development Permit is vested.

E.

Voting approval requirements. The decision of Planning Commission to grant a Planned Residential Development Permit shall require an affirmative vote of 2/3 of the membership present and voting.

(Ord. 7683, § 20, 2024; Ord. 7331 §113, 2016; Ord. 6966 §1, 2007)

A.

Single-family dwellings attached or detached.

B.

Tiny home (foundation) in a tiny home community, except in the RC Zone.

C.

Related recreation and community facilities for the use of residents of the development and their guests.

D.

Natural open spaces.

E.

Golf courses.

F.

Multipurpose trails.

G.

Other uses as may be permitted as part of the planned residential development.

H.

In the single-family residential base zones, uses required by State law to be permitted in conjunction with a single-family residential use.

(Ord. 7528 §1(Exh. A), 2020; Ord. 7520 §1(Exh. A), 2020; Ord. 7408 §1, 2018; Ord. 7331 §113, 2016; Ord. 7027 §4, 2009; Ord. 6966 §1, 2007)

A.

Benchmark density and findings for approval. In all single-family residential zones, densities up to the densities shown in Table 19.780.050 B (PRD Benchmark and Bonus Densities) for the underlying zone in which the project is located may be approved with the granting of a Planned Residential Development Permit, Minor Planned Residential Development Permit, or Administrative Planned Residential Development Permit, provided that the Approving Authority determines, based on demonstrated evidence, the project complies with the following criteria and findings, and the intent, standards, and requirements of this chapter. Additional density up to the limit of the bonus density shown in Table 19.780.050.B may be considered if the project meets all the requirements stated in Section 19.780.050.E - Density Bonus for Superior Design.

Compliance with the following criteria shall be demonstrated for a proposed project to be approved, and the benchmark density to be granted. Failure to substantially meet or exceed all these standards shall result in disapproval of the project, or a lower density than the benchmark density.

1.

In all single-family residential zones, other than RA-5 and RC Zone:

a.

The property is well served by public infrastructure;

b.

The project enjoys good access to public services, including schools, shopping and public and semipublic facilities;

c.

The site is located on streets capable of accommodating the anticipated traffic. A traffic study may be required;

d.

The project complies with the purpose and standards of this chapter, demonstrates substantial compliance with the provisions of the Citywide Design and Sign Guidelines, and is in accordance with City Codes, which may include deviations by variances when required findings are made. Additional criteria used in evaluating the design of the project shall include, but shall not be limited to, the following:

i.

Varied placement of buildings demonstrating sensitivity to the natural topographic features of the site;

ii.

Relatively level land is set aside for active recreational pursuits;

iii.

Open space is distributed on the site and accessible to all units

iv.

An efficient circulation system consisting of both vehicular lanes and pedestrian walkways;

v.

Sensitivity to surrounding community and attention to the edge conditions, creating areas of transition from surrounding existing development to the proposed development; and

vi.

Where front porches are consistent with the style of the development, a minimum of two-thirds (⅔) of the total units shall provide front porches;

e.

The project proposes development in an environmentally and topographically sensitive manner in order to minimize the impacts of development on adjacent properties, and is designed in a manner that is compatible with the adjacent and existing development in the vicinity;

f.

The project provides amenities in compliance with this chapter, and that the amenities are consistent with the size and scale of the project, the project density, and neighborhood characteristics.

2.

In the RC Zone:

a.

Retention of unique natural features, including arroyos, hillsides and rock outcroppings, in natural open space areas consistent with the grading ordinance;

b.

Placement of buildings demonstrating sensitivity to the natural topographic and habitat features of the site, including clustering of homes in less sensitive and less steep locations in order to preserve such natural features and valuable natural open space, both for wildlife habitat and visual aesthetic purposes;

c.

Provision of other amenities consistent with the RC Zone and as deemed appropriate for the project;

d.

Provision that the development will not introduce non-native plants as defined by Table 6-2 of the Multiple Species Habitat Conservation Plan (MSHCP) into the landscape adjacent to the City's arroyos in perpetuity;

e.

Maintenance and management of all open space easements by a single entity for the entire project with an appropriate natural open space management plan;

f.

Superior design of individual dwelling site plans and building architecture, including such features as porches and garages set back from the street in comparison to the house, and detailed four sided, building treatments. Many of the desirable features are found in the adopted Citywide Design and Sign Guidelines. The design of custom homes will be reviewed as individual homes are submitted for design review approval prior to building permit issuance;

g.

Sensitivity to impacts of the development on surrounding uses, including linkages to natural open space areas where appropriate; and

h.

Streets serving the development shall be capable of accommodating the anticipated traffic.

B.

Maximum density. The maximum density of a PRD project shall be consistent with this chapter, the underlying General Plan land use designation(s), any applicable Specific Plan(s), as well as Table 19.780.050 B below.

Table 19.780.050.B
PRD Benchmark and Bonus Densities

C.

No PRD shall be granted approval if the project's base zone and General Plan land use designation are inconsistent, pursuant to General Plan Tables LU-5, LU-6 and LU-7.

D.

Transfer of density. When two or more General Plan land use designations or base zones exist within a planned residential development, the density may be transferred between designation and/or zones within the same development as necessary to provide for a superior development based upon good planning principles, and to promote the general welfare of the neighborhood and maximum benefit to the natural environment. In particular, such transfers are desirable where density is transferred from steep, hillside land to flatter, less visually sensitive properties where significantly less grading is required. In the case of such a density transfer, the overall maximum density shall not exceed that otherwise permitted by the General Plan designation(s) (See 19.780.050.B). The only exception is that density cannot be transferred from a non-RC zoned property to an RC zoned property. For purposes of this section, a project may consist of more than one underlying legal parent parcel; however, such parcels must be contiguous unless separated by an existing public or private street.

E.

Density bonus for superior design. A PRD project may qualify for a density bonus up to the maximum shown in Table 19.780.050.B, provided that it meets the standards of Section 19.780.050.A, and satisfies the following criteria beyond those in 19.780.050.A.

1.

All single-family residential zones, other than RA-5 and RC:

a.

Except for Administrative PRD and Minor PRD projects, evidence that the project can be certified in LEED, National Green Building Standard, or an equivalent standard; and

b.

Except for Small Lot PRD projects, evidence shall be provided to document that the project includes a minimum of three of the following for Administrative PRDs, four of the following for Minor PRD, and five of the following for the PRD permit:

(1)

Designate all streets, sidewalks and trails that are built as part of the project or serving the project directly as available for general public use and not gated. Gated areas and enclaves are NOT considered available for public use.

(2)

Design the building orientation for solar design, including the following provisions:

a.

The glazing area on the north- and south-facing walls of the building is at least 50 percent greater than the sum of the glazing area on the east- and west-facing walls.

b.

The east-west axis of the building is within 15 degrees of due east-west.

c.

The roof has a minimum of 450 square feet of south-facing area that is oriented appropriately for solar applications.

d.

At least 90 percent of the glazing on the south-facing wall is completely shaded (using shading, overhangs, etc.) at noon on June 21 and unshaded at noon on December 21.

(3)

Locate the project within a one-quarter mile of 11 basic community resources (Table 19.780.050.A), within a one-half mile of 14 basic community resources (Table 19.780.050.A) and within a one-half mile of a major transit stop, as defined in California Public Resource Code Section 21064.3.

(4)

Locate trees or other plantings to provide shading for at least 50 percent of sidewalks, patios and driveways. Shading should be calculated for noon on June 21, when the sun is directly overhead, based on five year's growth.

(5)

Install light-colored high-albedo materials or vegetation for at least 50 percent of sidewalks, patios and driveways.

a.

Acceptable strategies include the following:

i.

White concrete;

ii.

Gray concrete;

iii.

Open pavers (counting only the vegetation, not pavers); and

iv.

Any material with a solar reflectance index (SRI) of a least 29.

(6)

Design the lot such that at least 70 percent of the built environment, not including area under roof, is permeable and designed to capture water runoff for infiltration on-site. Area that can be counted toward the minimum includes the following:

a.

Vegetative landscape (e.g., grasses, trees, shrubs, etc.).

b.

Permeable paving, installed by an experienced professional. Permeable paving must include porous above-ground materials (e.g., open pavers, engineered products) and a six-inch porous sub-base, and the base layer must be designed to ensure proper drainage away from the home.

c.

Impermeable surfaces that are designed to direct all runoff toward an appropriate permanent infiltration feature (e.g., vegetated swale, on-site rain garden, or rainwater cistern).

(7)

Design and install one of the following permanent erosion control measures:

a.

If portions of the lot are located on a steep slope, reduce long-term runoff effects through use of terracing and retaining walls.

b.

For every 500 feet of disturbed lot area (including the area under the roof), one tree, four 5-gallon shrubs, or 50 square feet of native groundcover shall be planted.

(8)

Design and install one or more of the following runoff control measures:

a.

Install permanent stormwater controls in the form of vegetated swales, on-site rain garden, dry well, or rain-water cistern, or equivalent designed to manage runoff from the homes.

b.

Install a vegetated roof to cover 50 percent or more of the roof area.

c.

Have the site designed by a licensed or certified landscape design or engineering professional such that it is demonstrated that all water runoff for the home is managed through an on-site design element.

(9)

Design and install a rainwater harvesting and storage system (including surface runoff and/or roof runoff) for landscape irrigation use. The storage system must be sized to hold all the water from a one-inch rainfall event (equivalent to 0.62 gallons per square foot of roof area used for capture), taking into consideration the size of the harvest system (i.e., 50 percent of total roof area).

(10)

Design the plumbing with irrigation system water supplied with municipal recycled water.

(11)

Construct the project to exceed Title 24 requirements by 20 percent or more.

2.

In the RC Zone: To protect prominent ridges, hilltops and hillsides, slopes, arroyos, ravines and canyons, and other areas with high visibility or topographic conditions that warrant sensitive development from adverse development practices, thus furthering the intent of Proposition R and Measure C and promoting clustering, all of the following are required:

a.

Require all designated open space areas to be managed and maintained under the stewardship of a recognized conservation group as approved by the Approving Authority, with an endowment to fund such stewardship entirely;

b.

The project shall provide at least six of the items listed in Section 19.780.050.E.1.b above; and

c.

The project shall provide evidence that unique natural features and steeper portions of the property are being preserved in open space, with lots clustered in the less steep portions of the site.

(Ord. No. 7701, § 47, 2025; Ord. 7683, § 21, 2024; Ord. 7481 § 2, 2019; Ord. 7331 §113, 2016; Ord. 7027 §5, 2009; Ord. 6966 §1, 2007)

A.

Maximum density. The maximum density of a Small Lot PRD project shall be consistent with the underlying General Plan land use designation and any applicable Specific Plan.

B.

Minimum density. Small Lot PRD projects shall provide a minimum of 50 percent of the density of the underlying General Plan land use designation.

C.

Findings. Compliance with the following criteria shall be demonstrated for a proposed project to be approved. Failure to substantially meet or exceed all these standards shall result in disapproval of the project.

1.

The property is well served by public infrastructure;

2.

The project enjoys good access to public services, including schools, shopping and public and semipublic facilities;

3.

The site is located on streets capable of accommodating the anticipated traffic. A traffic study may be required;

4.

The project complies with the purpose and standards of this chapter, demonstrates substantial compliance with the provisions of the Citywide Design and Sign Guidelines, and is in accordance with City Codes, which may include deviations by variances when required findings are made. Additional criteria used in evaluating the design of the project shall include, but shall not be limited to, the following:

a.

Open space is distributed on the site and accessible to all units;

b.

An efficient circulation system consisting of both vehicular lanes and pedestrian walkways; and

c.

Sensitivity to surrounding community and attention to the edge conditions.

5.

The project proposes development in an environmentally and topographically sensitive manner in order to minimize the impacts of development on adjacent properties, and is designed in a manner that is compatible with the adjacent and existing development in the vicinity.

(Ord. 7683, § 22, 2024)

A.

Relationship to base zone development standards. The development standards set forth in this section, if in conflict with the development standards of the underlying base zone, shall supersede the development standards of the underlying base zone, except in the RC Zone the underlying development standards still apply. This section shall not supersede the development standards of any applicable overlay zone. In cases where a standard is not addressed in this chapter, the standard of the base zone or any applicable overlay zone shall apply. The standards set forth herein are the minimum required for a PRD to qualify for the benchmark density.

B.

Standards for all Planned Residential Developments - RR, RE, and all R-1 Zones.

1.

Lot size and coverage. Minimum lot size and maximum lot coverage requirements to be determined by the Approving Authority on a case specific basis in part based on product type, characteristics of the property and surrounding uses.

2.

Setbacks.

¹  Except for Administrative PRD and Minor PRD projects which shall provide perimeter property line setbacks applicable to primary dwellings consistent with the Zone.

3.

Usable open space and recreational facilities

a.

Planned Residential Development Permit.

(1)

A minimum of 500 square feet of usable common open space per dwelling unit is required. The number and type of desirable amenities for a project will be determined on a case-by-case basis in proportion to the size and design of the project. Desirable common open space amenities include, but are not limited to, the following:

a.

Multiple enclosed tot lots with multiple play equipment. The tot lots shall be conveniently located throughout the site. The number of tot lots and their location shall be subject to Planning Commission review and approval;

b.

Pool and spa;

c.

Multi-purpose room equipped with kitchen, defined areas for games, exercises, recreation, private gathering of residents, etc.;

d.

Barbeque facilities equipped with multiple grills, picnic benches, etc. The barbecue facilities shall be conveniently located throughout the site. The number of barbeque facilities and their locations shall be subject to Planning Commission review and approval;

e.

Court facilities (e.g. tennis, volleyball, basketball, etc.);

f.

Jogging/walking trails with exercise stations;

g.

Community garden;

h.

Theater;

i.

Computer room;

j.

Exercise room;

k.

Golf course, putting green, etc.;

l.

Passive recreational facilities tied to existing topographical features, with gazebos, benches, etc.;

m.

Art pieces; and

n.

Water features.

(2)

Private open space.

a.

A minimum of 200 square feet per dwelling unit is required, with no dimension less than ten feet.

b.

Minor Planned Residential Development Permit

(1)

A minimum of 500 square feet of usable open space per dwelling unit is required. The usable open space may be provided in any combination of common open space and private open space.

c.

Administrative Planned Residential Development Permit

(1)

A minimum of 300 square feet of usable open space per dwelling unit is required. The usable open space may be provided in any combination of common open space and private open space.

4.

Reserved.

5.

Parking. Parking shall be in accordance with Chapter 19.580 (Parking and Loading) with the following exceptions and additions:

a.

Planned Residential Development Permit projects.

(1)

A minimum of two fully enclosed (garage) spaces are required per dwelling unit.

(2)

A minimum of one guest space per three dwelling units is required. On-street parking may be credited toward this requirement. On-street parking is only allowed on a curb to curb street width of 28 feet or greater. Driveway spaces above shall not be counted toward these required guest spaces.

(3)

Recreational vehicle parking. Recreational vehicle parking is prohibited on a residential lot. A separate recreational vehicle parking lot is permitted, subject to requirements for adequate screening, including a required eight-foot high block wall, and five-foot landscape planters on all sides.

b.

Administrative PRD and Minor PRD projects.

(1)

A minimum of one guest space per three dwelling units is required. Interior on-street parking may be credited toward this requirement. On-street parking is only allowed on a curb to curb street width of 28 feet or greater. Driveway spaces may be counted toward these required guest spaces for Administrative PRD projects.

(2)

Recreational vehicle parking is prohibited.

6.

Building height.

a.

Per the underlying zone.

b.

For Administrative PRD and Minor PRD, the number of stories may be increased to three.

C.

Standards for RC Zone planned residential development.

1.

Lot size. In order to promote clustering, lots shall be a minimum of one-half acre in size and clustered in the less steep portions of the site.

2.

Lot coverage maximum lot coverage requirements to be determined by the Planning Commission on a case specific basis based, in part, on product type, characteristics of the property and surrounding uses.

3.

Height. Same as RC Zone (See Section 19.100.040, Residential Development Standards).

4.

Setbacks. Same as RC Zone (See Section 19.100.040, Residential Development Standards).

5.

Common natural open space and clustering. Section 19.780.050 A (Benchmark Density) sets forth the criteria for a PRD to qualify for the benchmark density in the RC Zone, including provision of valuable natural open space and wildlife habitat and a site plan layout sensitive to the natural topography, both for wildlife habitat and resource conservation as well as visual aesthetic purposes. There is no minimum standard, although each development is encouraged to set aside a substantial portion of the site toward natural open space.

6.

Parking. A minimum of two fully enclosed (garage) spaces are required per dwelling unit.

D.

Standards for Small Lot Subdivision Planned Residential Developments - all R-3 Zones.

1.

Lot size and coverage. Minimum lot size and maximum lot coverage requirements to be determined by the Planning Commission on a case specific basis in part based on product type, characteristics of the property and surrounding uses.

a.

In no instance shall a lot resulting from a Small Lot PRD project be larger than 5,499 square feet.

2.

Height and Stories. Small Lot PRD projects shall have a maximum height of 35 feet and three stories.

3.

Setbacks. Setbacks shall be determined by lot size in accordance with the following but may be modified in conjunction with a PRD permit:

4.

Privacy Considerations. Small Lot PRD projects that abut the RA-5, RC, RR, RE, or R-1 Zone shall adhere to the following:

a.

Windows within 30 feet of a structure on another parcel shall not directly align with the windows of the neighboring structure.

b.

Upper story unenclosed landings, decks, and balconies that face or overlook an adjoining RA-5, RC, RR, RE, or R-1 Zoned property shall be located a minimum of 15 feet from the interior lot lines.

5.

Usable open space and recreational facilities.

a.

Usable open space shall be provided pursuant to Table 19.100.070 (Usable Open Space Standards: Multi-Family Residential Zones).

b.

The usable open space may be provided in any combination of common open space and private open space.

6.

Parking.

a.

Parking shall be in accordance with Chapter 19.580 (Parking and Loading).

b.

Recreational vehicle parking is prohibited.

E.

Private streets. Refer to private street standards in Title 18.210.

(Ord. No. 7701, § 48, 2025; Ord. 7683, § 23(Exh. I), 2024; Ord. 7505 § 1(Exh. A), 2020; Ord. 7331 §113, 2016; Ord. 7027 §6, 2009; Ord. 6966 §1, 2007)

A.

Planned Residential Development projects.

1.

Covenants, conditions and restrictions (CC&R's). Where a Planned Residential Development contains any land or improvement proposed to be held in common ownership, the applicant shall submit a declaration of covenants, conditions and restrictions (CC&R's) with the final map establishing a Home Owner's Association subject to City's Planning Division and the City Attorney's Office approval. Such declaration shall set forth provisions for maintenance of all common areas, payment of taxes and all other privileges and responsibilities of the common ownership. The CC&R's shall include provisions prohibiting the homeowners' association (HOA) from quitclaiming, selling or otherwise transferring the land held in common ownership to private property owners.

2.

Amendments to CC&R's. The provisions of approved CC&R's shall not be amended without the prior approval of the Community Development Director or his/her designee and City Attorney who at his or her discretion may refer the matter to the Planning Commission. Requests for amendments to existing CC&R's shall be submitted to the Planning Division.

3.

Maintenance. All private streets, walkways, parking areas, landscaped areas, storage areas, screening, sewers, drainage facilities, utilities, open space, recreation facilities and other improvements not dedicated to public use shall be maintained by the property owners. Provisions acceptable to the affected City Departments shall be made for the preservation and maintenance of all such improvements prior to the issuance of building permits.

4.

Failure to maintain constitutes a public nuisance. All commonly-owned lots, improvements and facilities shall be preserved and maintained in a safe condition and in a state of good repair. Any failure to so maintain is unlawful and a public nuisance endangering the health, safety and general welfare of the public and a detriment to the surrounding community.

B.

Administrative PRD, Minor PRD, and Small Lot PRD projects.

1.

Maintenance agreement required. An agreement for access and maintenance for all facilities used in common shall be submitted as part of the Subdivision Map. The agreement shall be approved by the City Attorney and recorded with the Riverside County Assessor-County Clerk-Recorder prior to the sale of any unit.

2.

The maintenance agreement shall be composed of and executed by all property owners to maintain all private streets, walkways, parking areas, landscaped areas, storage areas, screening, sewers, drainage facilities, utilities, open space, recreation facilities and other improvements not dedicated to public use.

3.

The maintenance agreement shall run with the land. Each owner and future property owners shall automatically become members of the agreement and shall be subject to a proportionate share of the maintenance and related costs.

4.

A final copy of the maintenance agreement, once recorded, shall be submitted to the Planning Division and Public Works Department for placement in the PRD and subdivision files.

(Ord. 7683, § 24, 2024; Ord. 7331 §113, 2016; Ord. 7235 §20, 2013; Ord. 6966 §1, 2007)

The City declares its purpose to encourage through traffic to use freeways and arterial streets rather than local residential streets. In order to achieve this purpose, The City may implement traffic pattern modification measures to discourage the use of local residential streets where reasonably warranted.

(Ord. 7331 §114, 2016; Ord. 6966 §1, 2007)

The following traffic pattern modification measures may be implemented subject to the procedures and findings contained in this chapter:

A.

Converting two-way streets into one-way streets;

B.

Street closures;

C.

Addition of raised medians for traffic diverters and/or traffic circles to existing streets; and

D.

Any other modification measure consistent with the intent and purpose of this chapter.

(Ord. 7331 §114, 2016; Ord. 6966 §1, 2007)

Traffic pattern modification measures 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 §114, 2016; Ord. 6966 §1, 2007)

The Planning Commission may approve a traffic pattern modification measure, including conditions of approval if, from the evidence presented at the public hearing, the following written findings can be made:

A.

The measure will provide for the health and safety of the citizenry and will not substantially impair the rendering of emergency and public services;

B.

The measures will not unreasonably interfere with general traffic circulation via the public rights-of-way designated as major and secondary streets in the circulation element of the General Plan;

C.

There is sufficient evidence to indicate that one or more of these conditions exist:

1.

An abnormally high percentage of traffic is unrelated to the local neighborhood and is merely passing through;

2.

Street design or conditions permit excessive vehicular speeds;

3.

There is a separate street from the general neighborhood circulation pattern to preserve the unique character or adjacent properties, to encourage pedestrian, equestrian or non-motorized vehicular travel and/or to discourage crime, noise, air pollution, and other hazards to public safety and welfare; and

4.

In the case of street closure, a separate factual finding must be made that the street is no longer needed as contemplated by the California Vehicle Code Section 21101.

D.

The measures will not unreasonably restrict access to adjacent properties nor impair the constitutionally guaranteed rights of any individual or group. Releases may be acquired as determined by the City Attorney.

E.

The measures will not create an unacceptable internal circulation system characterized by any excessively long dead-end or cul-de-sac street, poor aesthetics, poor drainage, difficult maintenance requirements or poor street design geometry.

(Ord. 7331 §114, 2016; Ord. 6966 §1, 2007)

A.

In approving a traffic pattern modification measure case, 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 proposal, traffic characteristics and environmental impacts of the proposal within the general area the proposal is to be located.

B.

The conditions attached to the traffic pattern modification measure case may include such provisions concerning improvements, design, operation characteristic, land use compatibility, general character, appearance, environmental impact, time limits for commencing the construction 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.

(Ord. 7331 §114, 2016; Ord. 6966 §1, 2007)

The purpose of these provisions is to promote greater individual choice in type, quality, price and location of housing; to provide for the housing needs of all segments of the population; to provide increased home ownership opportunities of all segments of the population; to provide a method to approve separate ownership of units within nonresidential multiple-unit buildings or upon a parcel of land containing more than one unit; to mitigate the hardship caused by displacement of tenants, particularly those in low to moderate housing, those who are elderly, families with minor dependent children, the handicapped and the disabled; to promote the safety of condominium conversion projects and the correction of building code violations in such projects; to maximize the availability of pertinent information for intelligent decision-making by public officials and potential buyers; and to generally regulate projects in accordance with State law, the General Plan, any applicable specific plans and with the public health, safety and welfare.

(Ord. 7331 §115, 2016; Ord. 6966 §1, 2007)

A.

General process. Condominium Conversion Permit (CCP) 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 §115, 2016; Ord. 6966 §1, 2007)

A.

Condominium Conversion Permit required. No subdivision map shall be approved for the purpose of a conversion to a common interest development, as defined by Section 1351 of the California Civil Code and Section Article X (Definitions), unless a condominium conversion permit is processed pursuant to this chapter and granted prior to or concurrently with such approval. No dwelling unit or mobile home space shall be the subject of a condominium conversion unless a condominium conversion permit is granted prior to such conversion.

B.

Conversion of existing development with an existing condominium map. Condominium conversions with existing Condominium maps are also subject to the provisions of this chapter.

C.

Subdivision map. If applicable, a tentative subdivision map to implement the conversion shall be filed and considered simultaneously with the application for a condominium conversion permit. The two applications shall be jointly approved, continued or denied by the Planning Commission. The expiration date of the map, including any subsequent extensions of time, shall apply to the condominium conversion permit as well.

D.

Additional application materials. The application for a condominium conversion permit shall include but not be limited to the following:

1.

A list certified by the applicant of the names and addresses of all the tenants of the project at the time of the application; and

2.

A project analysis and inspection report, complete with an inter-unit acoustical report, certified by a competent expert or experts acceptable to the Planning Division, prepared pursuant to the requirements of the applicable resolution, describing in detail the physical characteristics and condition of the subject project, including all buildings, open spaces, parking facilities and appurtenances. The certification shall be accompanied by a fully-detailed plot plan drawn to scale. The inter-unit acoustical report shall not be required for mobile home park conversions nor nonresidential conversions.

(Ord. 7331 §115, 2016; Ord. 6966 §1, 2007)

For the purposes of this chapter the following terms have the meanings as defined in Section 1351 of the California Civil Code and are as follows:

A.

Association means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.

B.

Common area means the entire common interest development except the separate interests therein. The estate in the common area may be a fee, a life estate, an estate for years or any combination of the foregoing. However, the common area for a planned development specified in paragraph (2) of subdivision (k) may consist of mutual or reciprocal easement rights appurtenant to the separate interests.

C.

Condominium site plan means a plan consisting of (1) a description or survey map of a condominium project, which shall refer to or show monumentation on the ground, (2) a three-dimensional description of a condominium project, one or more dimensions of which may extend for an indefinite distance upwards or downwards, in sufficient detail to identify the common areas and each separate interest, and (3) a certificate consenting to the condominium conversion signed and acknowledged by the record owner of the property.

D.

Declarant means the person or group of persons designated in the declaration as declarant, or if no declarant is designated, the person or group of persons who sign the original declaration or who succeed to special rights, preferences, or privileges designated in the declaration as belonging to the signator of the original declaration.

E.

Declaration means the document, however denominated, that contains the information required by Section 1353 (Ca. Civil Code).

F.

Exclusive use common area means a portion of the common areas designated by the declaration for the exclusive use of one or more, but fewer than all, of the owners of the separate interests and which is or will be appurtenant to the separate interest or interests.

1.

Unless the declaration otherwise provides, any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, exterior doors, doorframes, and hardware incident there to, screens and windows or other fixtures designed to serve a single separate interest, but located outside the boundaries of the separate interest, are exclusive use common areas allocated exclusively to that separate interest.

2.

Notwithstanding the provisions of the declaration, internal and external telephone wiring designed to serve a single separate interest, but located outside the boundaries of the separate interest, are exclusive use common areas allocated exclusively to that separate interest.

G.

Governing documents means the declaration and any other documents, such as bylaws, operating rules of the association, articles of incorporation, or articles of association, that govern the operation of the common interest development or association.

H.

Planned development means a development (other than a community apartment project, a condominium project, or a stock cooperative) having either or both of the following features:

1.

The common area is owned either by an association or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area.

2.

A power exists in the association to enforce an obligation of an owner of a separate interest with respect to the beneficial use and enjoyment of the common area by means of an assessment that may become a lien upon the separate interests in accordance with Section 1367 or 1367.1 (Cal. Civil Code).

(Ord. 7331 §115, 2016; Ord. 6966 §1, 2007)

The following guidelines and standards prescribe minimum desirable characteristics of residential properties intended for condominium conversion; however, the approval of any conversion will not necessarily be contingent upon compliance or non-compliance with all of the prescribed guidelines. Mandatory standards are so designated. Only Subsections D, H, I, J, L and M shall apply to mobile home park conversions.

A.

Unit size (mandatory). Each dwelling unit shall contain a minimum of 600 square feet.

B.

Parking. A minimum of two covered parking spaces meeting established access, size and improvement standards should be provided for each dwelling unit in the project. At least 50 percent of the units shall have a completely enclosed, one car garage.

C.

Private open space. All multi-family condominium conversions shall comply with the usable open space requirements of the R-3 Zones.

D.

Landscaping. All open areas should be well landscaped with plant material suitable to climate and location consistent with the provisions of Chapter 19.570 (Water Efficient Landscaping and Irrigation). Said areas should be watered by a full-coverage, automated irrigation system in good working order.

E.

Noise (mandatory). Common walls and ceilings of all units shall be constructed or upgraded using techniques to limit noise transmission as specified by the current Building Code or equivalent.

F.

Fire suppression (mandatory). Smoke detectors meeting the current Building and Fire Codes shall be installed in all residential units and other enclosed common areas such as hallways, recreation rooms and utility rooms. Additional fire suppression equipment such as alarm systems, fire extinguishers and sprinklers shall also be provided as recommended by the Fire Department.

G.

Energy conservation. The project should include substantial energy and resource conservation measures such as high efficiency thermal insulation, high efficiency heating and cooling equipment, limited window area or double glazing, water flow restrictors, solar water heating and the like.

H.

Structural condition (mandatory). All buildings shall be in sound structural condition, pest and vermin-free, watertight and have paint in adequate condition so as to not require repainting for at least five years from the date of issuance of the condominium conversion permit. All amenities and mechanical appurtenances shall be in sound working order. The applicant shall provide an inspection report subject to the approval of the Building Official, demonstrating compliance with this requirement.

I.

Domestic facilities (mandatory). Each dwelling shall be provided with its own clothes washer and dryer hookups and garbage disposal facilities.

J.

Utilities (mandatory). All utilities, plumbing and sewage disposal systems shall be in sound, safe and fully-operable condition. Each dwelling or mobile home space shall be provided with its own utility meters. A single water meter for the entire project is permitted.

K.

Disabled facilities. Condominium conversions shall comply with the current State law regarding access and accommodations for persons with disabilities.

L.

Mobile home parks. The minimum desirable characteristics for mobile home parks shall be the standards established under Chapter 19.210 (Mobile Home Park Overlay Zone).

(Ord. 7660, § 18, 2024; Ord. 7331 §115, 2016; Ord. 6966 §1, 2007)

A.

Public hearing notice to tenants. In addition to the notice required by Chapter 19.670 (Public Hearings and Notice Requirements), if the proposed subdivision is a conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, the notice shall also be given by the City by United States mail to each tenant of the subject property, and shall also include notification of the tenant's right to appear and be heard. The requirements of this subdivision, in accordance with Section 66451.3 (State Government Code) may be satisfied by service of the notice in compliance with the requirements for service of legal process by mail.

B.

Report served on subdivider and tenants. Any report or recommendation on a tentative map by the staff of the City to the Approving or Appeal Authority or City Council on appeal or referral shall be in writing and a copy thereof served on the subdivider and on each tenant of the subject property; in the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, at least three days prior to any hearing or action on such map by such advisory agency or legislative body.

(Ord. 7331 §115, 2016; Ord. 6966 §1, 2007)

Prior to recordation of the implementing subdivision map, the applicant shall provide a covenant acceptable to the City Attorney's Office, binding upon the applicant and the applicant's heirs, successors and assigns, guaranteeing that all of the following will occur prior to sale of any condominium unit:

A.

Provision of required notice of intent to convert to a condominium as required by State laws;

B.

Provision of the right of first refusal for all existing tenants at the time of conversion to purchase their individual units at offered terms or better;

C.

Creation of a condominium owners' association;

D.

Provision of covenants, conditions and restrictions subject to approval by the Planning Division and the City Attorney's Office;

E.

Guarantee the establishment of a fund for the operation and maintenance of the condominium and its association; the amount of said fund shall equal or exceed either the Subdivision Map Act or the Department of Real Estate requirements;

F.

Establishment of and participation in a relocation program for existing tenants who do not choose to purchase units. The relocation program shall be established and operated pursuant to the regulations and standards adopted by resolution of the City Council;

G.

Provision of a covenant requiring the owner to give written notice of all variances granted from the guidelines and standards listed in Section 19.790.050 (Guidelines and Standards) to each buyer; and

H.

Re-inspection of the project in the same manner as required by Subsection C 2 of Section 19.790.030 (Applicability and permit requirements) immediately prior to sale of the dwelling units or mobile home spaces and correction of all unsatisfactory, unsafe or unlawful conditions prior to commencement of sale.

(Ord. 7331 §115, 2016; Ord. 6966 §1, 2007)

This chapter is established as a cross-reference to Chapter 2.40 of the Riverside Municipal Code.

(Ord. 7331 §116, 2016; Ord. 6966 §1, 2007)

The Planning Commission shall have the power and duty to hear the appeal of any person aggrieved by any order, act or determination of the Building Official regarding accessibility issues. In such capacity the Planning Commission is not vested with legislative authority and must act within the framework of existing ordinances. The Planning Commission is authorized, upon appeal, to approve or disapprove interpretations and enforcement actions taken by the Building Official relating to access.

(Ord. 7331 §116, 2016; Ord. 6966 §1, 2007)

The appeal procedure is set forth in Section 2.40.030 of the Riverside Municipal Code.

(Ord. 7331 §116, 2016; Ord. 6966 §1, 2007)

Government Code Section 65358 authorizes and specifies procedures for amendments and modifications to a City's General Plan. City resolution No. 20561 sets forth procedures for the adoption of policies and procedures for amending the General Plan. Amendments are considered appropriate in response to changing in conditions.

(Ord. 7331 §117, 2016; Ord. 6966 §1, 2007)

General Plan amendments, pursuant to Section 19.660.015(A) (Initiation of Applications), may be initiated in any one of the following manners:

A.

Upon minute action of the City Council.

B.

Upon minute action of the Planning Commission.

C.

By Community & Economic Development Department Director, or his/her designee; or

D.

Upon application by a property owner or owners of any parcel subject to the General Plan.

(Ord. 7552 §51, 2021; Ord. 7331 §117, 2016; Ord. 6966 §1, 2007)

Editor's note— Ord. 7552 §52, adopted in 2021, repealed §19.800.030, which pertained to the frequency of the general plan and derived from Ord. 7331 §117, adopted in 2016 and Ord. 6966 §1, adopted 2007.

A.

General process.

1.

City-initiated General Plan Text/Map amendments.

a.

City-initiated General Plan Text/Map amendments shall be processed in accordance with the 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.

b.

The Planning Commission shall make a recommendation to the City Council to approve, deny or modify staff's recommendation.

c.

If General Plan Text/Map Amendments are referred to the Planning Commission by the City Council, failure of the Planning Commission to report to the City Council within 90 days, or within the time specified by the City Council, shall be deemed to be approval of staff's recommendation.

d.

The City Council is the final Approving Authority with a simple majority vote required for approval.

2.

Applicant-initiated General Plan Text/Map amendments.

a.

Applicant initiated General Plan Text/Map amendments 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.

b.

Voting/approval requirement.

(1)

Approval of a General Plan Text/Map amendment requires the affirmative vote of at least four Planning Commission members, or a majority, whichever is greater.

(2)

The Planning Commission's denial of a General Plan amendment is final unless appealed to the City Council.

(3)

If approved by the Planning Commission or appealed to the City Council, the City Council is the final approving authority with a simple majority vote required for approval.

(Ord. 7552 §53, 2021; Ord. 7331 §117, 2016; Ord. 6966 §1, 2007)

Government Code Section 65853 allows amendments to any provisions of the Zoning Code. Whenever the public necessity, convenience, general welfare or good zoning practice requires, the City Council may, amend, supplement or change the regulations, zone boundaries or zoning classifications of property established by the Zoning Code.

(Ord. 7331 §118, 2016; Ord. 6966 §1, 2007)

Amendments to the provisions of the Zoning Code, pursuant to Section 19.660.015(A) (Initiation of Applications), may be initiated in any one of the following manners:

A.

Upon minute action of the City Council;

B.

Upon minute action of the Planning Commission;

C.

By the Community & Economic Development Department Director, or his/her designee; or

D.

Upon application by a property owner or owners of any parcel subject to requirements of the Zoning Code.

(Ord. 7552 §54, 2021; Ord. 7331 §118, 2016; Ord. 7235 §21, 2013; Ord. 7091 §15, 2010; Ord. 6966 §1, 2007)

A.

General process.

1.

City-initiated Zoning Code Text/Map amendments.

a.

City-initiated Zoning Code Text/Map amendments shall be processed in accordance with the provisions as set forth in Chapters 19.650 (Approving Authority), 19.660 (General Application Processing Procedures), 19.670 (Notices and Hearings), 19.690 (Effective Dates) and other applicable Chapters of the Zoning Code.

b.

The Planning Commission shall make a recommendation to the City Council that they approve, deny or modify staff's recommendation.

c.

If Zoning Code Text/Map Amendments are referred to the Planning Commission by the City Council, failure of the Planning Commission to report to the City Council within 90 days, or within the time specified by the City Council, shall be deemed to be an approval of the proposed modification.

d.

The City Council is the final approving authority with a simple majority vote required for approval.

2.

Applicant-initiated Zoning Code Text/Map amendments.

a.

Applicant-initiated Zoning Code Text/Map amendments 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.

b.

Voting/approval requirement.

(1)

Approval of a Zoning Code amendment requires the affirmative vote of at least four Planning Commission members, or a majority, whichever is greater.

(2)

The Planning Commission's denial of a Zoning Code amendment is final unless appealed to the City Council.

(3)

If approved by the Planning Commission, or appealed to the City Council, the City Council is the final approving authority with a simple majority vote required for approval.

3.

Notwithstanding the above, application and removal of the CR (Cultural Resources) Overlay Zone shall be approved directly by the City Council.

B.

Notice. The Planning Commission shall hold a public hearing on any proposed rezone or amendment to the Zoning Code. Notice of the hearing shall be given pursuant to Section 19.670.040(A) (Notice of Hearing for Legislative Actions) and if the proposed rezone or amendment to the Zoning Code affects the permitted uses of real property, notice shall also be given pursuant to Section 19.670.040(B) (Notice of Hearing for Legislative Actions).

C.

Adoption.

1.

Zoning Code Text/Map amendments shall be adopted by ordinance of the City Council that constitutes final action.

2.

Ordinances to amend the Zoning Code Text/Map are subject to referendum and, therefore, become effective 30 days after their adoption.

(Ord. 7552 §55, 2021; Ord. 7331 §118, 2016; Ord. 7091 §§16, 17, 2010; Ord. 6966 §1, 2007)

In acting to approve any amendment to the Zoning Code text or map, the City Council shall be required to make the following findings:

A.

That the proposed Zoning Code text or map amendment is generally consistent with the goals, policies, and objectives of the General Plan;

B.

That the proposed Zoning Code text or map amendment will not adversely affect surrounding properties; and

C.

That the proposed Zoning Code text or map amendment promotes public health, safety, and general welfare and serves the goals and purposes of the Zoning Code.

(Ord. 7552 §56, 2021; Ord. 7331 §118, 2016; Ord. 7091 §18, 2010; Ord. 6966 §1, 2007)

As set forth in Government Code Sections 65450 through 65457, the Specific Plan provides a means to establish more specific land use regulations and design standards for properties requiring special attention and treatment. A Specific Plan serves as a policy and regulatory document, with policy direction and project development concepts consistent with the General Plan. The Specific Plan (SP) Overlay Zone (see Chapter 19.220) allows provisions of a Specific Plan to be applied as Zoning regulations.

(Ord. 7331 §119, 2016; Ord. 6966 §1, 2007)

A.

General process.

1.

City Initiated Specific Plan/Specific Plan Text/Map Amendments.

a.

City Initiated Specific Plan/Specific Plan Text/Map amendments shall be processed in accordance with the provisions as set forth in Chapters 19.650 (Approving Authority), 19.660 (General Application Processing Procedures), 19.670 (Notices and Hearings), 19.690 (Effective Dates) and other applicable Chapters of the Zoning Code.

b.

The Planning Commission shall make a recommendation to the City Council that they approve, deny or modify staff's recommendation.

c.

If a Specific Plan/Specific Plan Text/Map Amendment is referred to the Planning Commission by the City Council, failure of the Planning Commission to report to the City Council within 90 days, or within the time specified by the City Council, shall be deemed to be an approval of the proposed modification.

d.

The City Council is the final approving authority with a simple majority vote required for approval.

2.

Applicant initiated Specific Plan/Specific Plan Text/Map Amendments.

a.

Applicant initiated Specific Plan/Specific Plan Text/Map amendments 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.

b.

Voting/approval requirement.

(1)

Approval of a Specific Plan/Specific Plan Text/Map amendment requires the affirmative vote of at least four Planning Commission members, or a majority, whichever is greater.

(2)

The Planning Commission's denial of a Specific Plan/Specific Plan Text/Map amendment is final unless appealed to the City Council.

(3)

If approved by the Planning Commission, or appealed to the City Council, the City Council is the final approving authority with a simple majority vote required for approval.

(Ord. 7552 §58, 2021; Ord. 7331 §119, 2016; Ord. 6966 §1, 2007)

A Specific Plan and/or Text/Map amendment, pursuant to Section 19.660.015(A) (Initiation of Applications), may be initiated in any one of the following manners:

A.

Upon minute motion of the City Council

B.

Upon minute motion of the Planning Commission;

C.

By the Community & Economic Development Department Director, or his/her designee; or

D.

Upon application by a property owner or owners of any parcel subject to requirements of the Zoning Code.

(Ord. 7552 §59, 2021; Ord. 7331 §119, 2016; Ord. 7235 §22, 2013; Ord. 6966 §1, 2007)

A.

Relationship to other adopted regulations.

1.

Specific Plans may either supplement or supersede all land use regulations applicable to the subject property, including all previously adopted ordinances, standards, and guidelines.

2.

In the event an inconsistency or conflict exists between standards adopted within a Specific Plan and comparable provisions of this Title, the Specific Plan shall prevail through application of the Specific Plan (SP) Overlay Zone.

a.

The distribution, location and extent of the uses of land, including open space, within the area covered by the plan.

b.

The proposed distribution, location, extent, and intensity of major components of public and private transportation, sewage, water, drainage, solid waste, disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan.

c.

Standards and criteria by which development will proceed and standards for the conservation, development, and utilization of natural resources, where applicable.

d.

A program of implementation measures, including regulations, programs, public works projects, and financing measures necessary to carry out the provisions of the preceding three paragraphs.

e.

Any other subjects that, in the judgment of the planning agency, are necessary or desirable for the general plan implementation.

(Ord. 7552 §60, 2021; Ord. 7331 §119, 2016; Ord. 6966 §1, 2007)

California Government Code Section 56000 et.seq. authorizes the expansion of the boundaries of local agencies (such as the City of Riverside) to promote orderly development. This chapter establishes local procedures to implement the relevant sections of the Government Code.

(Ord. 7331 §120, 2016; Ord. 6966 §1, 2007)

A.

Resolution of intention/consent. Prior to City Council adoption of a resolution of intention to annex uninhabited territory or a resolution of consent to commence inhabited proceedings, the City Council shall request a report from the Planning Commission.

B.

Planning Commission report. The Planning Commission shall consider the desirability of annexing the territory and the zoning to be placed thereon in the event of annexation to the City. Upon completion of such consideration, the Planning Commission shall, after holding a public hearing, make its report and recommendation to the City Council.

C.

City Council action. Upon receipt of the Planning Commission report, the City Council may accept in whole or in part or reject, modify or amend any recommendation as to zoning classification and the resolution of intention or resolution of consent may specify such proposed zoning classification for the territory as the City Council may determine. The City Council shall include any such zone consideration within any notice of hearing concerning the annexation of the property involved and a hearing on the matter of zoning shall be held in conjunction with any public hearing required by law to be held by the City Council in connection with the annexation proceeding.

Concurrently with final annexation of the territory, the City Council may, by ordinance, classify the property for zoning purposes in accordance with its determination.

D.

Notice. The Planning Commission shall hold a public hearing on the proposed rezone or amendment to the zoning ordinance. Notice of the hearing shall be given pursuant to Section 19.670.040 C and if the proposed prezone or amendment to the zoning ordinance affects the permitted uses of real property, notice shall also be given pursuant to Section 19.670.040 C.

The City Council, upon receipt of the recommendation of the Planning Commission, shall hold a public hearing to consider the matter. However, if the matter under consideration is an amendment to change property from one zone to another, and the Planning Commission has recommended against the adoption of such amendment, the City Council is not required to hear the matter except on appeal or upon request of a Council member or the Mayor. Notice of the City Council hearing shall be given pursuant to Section 19.670.040.C.

(Ord. 7331 §120, 2016; Ord. 6966 §1, 2007)

In the event the City Council does not determine or adopt a zoning classification for the territory to be annexed as provided in Section 19.840.020, the territory shall be classified in the RE Zone until a change is initiated and adopted in the manner provided for zone changes in Chapter 19.810.

(Ord. 7331 §120, 2016; Ord. 6966 §1, 2007)

It is the purpose of this chapter, in compliance with the Fair Housing Laws, to provide a procedure to evaluate requests for reasonable accommodation related to specific applications of the zoning law in order to assure that no person is discriminated against because of race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income, or ancestry by being denied an equal opportunity to use and enjoy a dwelling and to authorize the approval of exceptions to the zoning law if warranted.

(Ord. 7331 §121, 2016; Ord. 6966 §1, 2007)

The following words and phrases, whenever used in this chapter, shall have the following meanings, unless from the context an alternative meaning is clearly intended.

A.

Applicant means the person, business, or organization that has applied to the City for a permit for a project on the subject property and that is making a request for an exceptions.

B.

Disability or handicap means physical or mental impairment that substantially limits one or more of a person's major life activities or a record of having such an impairment, but such term does not include current, illegal use of or an addiction to a controlled substance.

C.

Dwelling occupant means the person who will occupy the subject property and who is protected under the Fair Housing Laws.

D.

Fair Housing Laws means Section 42 United States Code Section 3604(f)(3)(B) and California Government Code Sections 12927c(1) and 12955(1) as those provisions now exist and as they shall be amended from time to time.

(Ord. 7331 §121, 2016; Ord. 6966 §1, 2007)

A.

Application. Application shall be made and processed pursuant to Chapter 19.660 (General Application Processing Procedures). In addition, the applicant shall provide:

1.

A description of how the property will be used by the dwelling occupant;

2.

The basis for the claim that the individual is considered protected by the Fair Housing Laws (applicant should submit a letter from a medical doctor, handicapped license, or other similar supportive evidence);

3.

The reason the accommodation is necessary to make the specific housing available to the dwelling occupant; and

4.

A filing fee, in the amount established by City Council resolution, shall be paid at the time of filing an application under this chapter.

B.

Notice. Notice of the application shall be pursuant to Section 19.670.020 (Notice Requirements for Administrative Discretionary Permits with No Public Hearing).

C.

Notice of decision. Within 45 days after acceptance of a complete application by the Planning Division for administrative review by the Development Review Committee or, if referred to the Planning Commission, within ten days after the Planning Commission's decision, the Planning Division shall provide the applicant with written notification of the decision regarding the request, including any reasonable conditions.

D.

Appeals. Any person aggrieved or affected by a decision of the Planning Commission or Development Review Committee in granting or denying a request for reasonable accommodations may appeal the decision to the City Council pursuant to the procedures contained in Chapter 19.680 (Appeals).

(Ord. 7609 § 8, 2022; Ord. 7331 §121, 2016; Ord. 6966 §1, 2007)

The request for reasonable accommodation will be considered by the Development Review Committee who may deny, approve, or conditionally approve the request. The Development Review Committee may also refer the request, if it is determined to be significantly controversial, to the Planning Commission. The request shall be placed on the next regularly scheduled meeting agenda.

(Ord. 7743, § 16, 2025; Ord. 7331 §121, 2016; Ord. 6966 §1, 2007)

The following additional findings shall be made in order to approve an application under this chapter:

A.

The persons who will use the subject property are protected under the Fair Housing Laws;

B.

The requested exception to the zoning law is necessary to make specific housing available to a dwelling occupant;

C.

The requested exception will not impose an undo financial or administrative burden on the City; and

D.

The requested exception will be in compliance with all applicable Building and Fire Codes and will not require a fundamental alteration of the zoning laws and procedures.

(Ord. 7609 § 9, 2022; Ord. 7331 §121, 2016; Ord. 6966 §1, 2007)

The purpose of this chapter is to provide a procedure to permit reverse bulk vending machines and mobile recycling units in a manner that encourages recycling activities that are compatible with surrounding uses.

(Ord. 7331 §123, 2016; Ord. 6966 §1, 2007)

A.

Application. The owner of the property proposed to be occupied by a recycling center or the owner's authorized representative, such as a property manager, leasing agent, or manager of the sole business on the site shall file an application for a Recycling Center Permit (RCP) with the Planning Division at least 30 working days prior to the proposed commencement of the use. Applications shall be filed upon forms and accompanied by such data and information, including a site plan, necessary to properly evaluate and process the application as may be required for that purpose by the Planning Division.

B.

Approval. The Community & Economic Development Director or their designee has final approval authority to approve, or deny a Recycling Center Permit (see Table 19.650.020 - Approving and Appeal Authority).

C.

Renewal.

1.

A Recycling Center Permit is effective for a period of one year from the date of issuance and is required to be renewed on an annual basis thereafter. The applicant for renewal shall demonstrate full compliance with the provisions of Chapter 19.385 (Recycling Facilities).

2.

Any existing Recycling Center approved with either a previous Recycling Center Permit or other process prior to the effective date of this ordinance shall be deemed approved as of the effective date of this ordinance and subject to standards in Chapter 19.385 and Renewal requirements per this chapter. Such renewals shall be required every year thereafter.

D.

Referral. The Community & Economic Development Director or their designee may refer action on a Recycling Center Permit to the City Council.

E.

Appeals. Any decision of the Community & Economic Development Director or their designee may be appealed within ten days after written notice of the decision is given.

(Ord. 7487 § 29, 11-5-2019; Ord. 7331 §123, 2016; Ord. 6966 §1, 2007)

The purpose of this chapter is to provide regulations to protect the public health, safety and welfare by reducing air pollution caused by vehicle trips and vehicle miles traveled.

(Ord. 7331 §124, 2016; Ord. 6966 §1, 2007)

For the purposes of this chapter the following words and phrases shall have the following meanings respectively ascribed to them by this section:

A.

Alternative work schedule means a variation from the traditional five-day/forty-hour work week to either a four-day/forty-hour or nine-day/eighty-hour work schedule.

B.

Applicable development means any use that requires a building permit or a tenant improvement permit.

C.

Flex-time means allowing employees to alter regular hours of work by extending the work day in the morning or evening or both to accommodate vehicle trip mode shifts from single occupancy vehicles.

D.

Parking management means an action taken to alter the supply, operation and/or demand of parking facilities to force a shift from the single occupant vehicle to carpool, vanpool or other transportation mode.

E.

Rideshare means a transportation mode with multiple occupants per vehicle.

F.

Telecommuting means the employee foregoes a trip to the normal work site and instead works from home or from a satellite office near home.

(Ord. 7331 §124, 2016; Ord. 6966 §1, 2007)

Applicable development as defined above shall be screened to determine if it will generate one hundred or more employees and be subject to the requirements of this chapter. For screening purposes, the table below states the amount of gross building square footage in the various land use categories needed to generate one employee.

For mixed-use developments the project employment factor shall be based upon the proportion of the development devoted to each land use.

(Ord. 7331 §124, 2016; Ord. 6966 §1, 2007)

The owner or representative of all businesses generating 100 or more employees as determined by Section 19.880.030 (Applicability to New Employment) shall prepare and submit to the City of Riverside Planning Division a trip reduction plan to reduce work-related vehicle trips by six and one-half percent from the number of trips related to the project as indicated in the most current edition of the Trip Generation Handbook published by the Institute of Traffic Engineers (ITE) (increasing to 20 percent by the year 2000 and to 30 percent by the year 2006). Quantification of applicable trip reduction measures shall be determined by utilizing the most current version of the AQMD's Implementation of Transportation Demand Management Actions document or other acceptable methodology.

A.

Methods to achieve vehicle reduction targets. Any combination of the following methods may be incorporated into trip reduction plans to achieve the required vehicle reduction targets:

1.

Alternative work schedules/flex-time;

2.

Preferential parking for carpool vehicles;

3.

Bicycle parking and shower facilities;

4.

Information center for transportation alternatives;

5.

Rideshare vehicle loading areas;

6.

Vanpool vehicle accessibility;

7.

Bus stop improvements;

8.

On-site child care facilities;

9.

Facilities and equipment to encourage tele-commuting;

10.

Telecommuting programs;

11.

Local transportation management and roadway improvements;

12.

Contributions to funds for regional facilities such as park-and-ride lots, multi-modal transportation centers, satellite work centers, etc.;

13.

On-site amenities such as cafeterias, restaurants, automated teller machines and other services that would eliminate the need for additional trips;

14.

Transit incentives for employees such as subsidy of bus passes, additional pay for carpoolers, flexible work times, etc.;

15.

Elimination of free parking for employees;

16.

Video-conferencing facilities and equipment (additional credit will be given if policies are included to make facilities available to other businesses);

17.

Purchase and use of low and/or ultra-low fleet vehicles for applicable companies;

18.

Plans for delivery of goods at off-peak times for applicable businesses; or

19.

Plans and facilities for centralized deliveries of goods for multi-tenant facilities.

(Ord. 7331 §124, 2016; Ord. 6966 §1, 2007)

For applicable businesses, trip reduction plans shall be submitted to the Planning Division before the City will issue a certificate of occupancy for the development. Should the applicant and the Community & Economic Development Director or their designee fail to reach agreement on the trip reduction plan, the owner or representative of the business may file appeal to the Planning Commission through the established procedure.

(Ord. 7331 §124, 2016; Ord. 6966 §1, 2007)

Noncompliance with the provisions of this chapter shall result in the withholding by the City of the certificate of occupancy for such new business.

(Ord. 7331 §124, 2016; Ord. 6966 §1, 2007)

A.

The purpose of this chapter is to establish procedures for vacating unneeded rights-of-way for streets, alleys and pedestrians walkways. Two types of vacations are hereby established: standard vacations and summary vacations.

B.

Summary vacations may occur when: (1) the street has been superseded by relocation, unless such vacation would either cut off all access to a person's property that, prior to relocation adjoined the street, or terminate a public street; (2) the street has been expended for impassable for vehicular travel for five years and no public money has been expended for maintenance during such period; (3) excess right-of-way is no longer needed for street purposes; or (4) a portion of a street lies within property under one ownership and does not continue through such ownership or end touching the property of another. Summary vacations are not available if there are in-place utility facilities that are in use that would be affected by the said vacation.

C.

Any vacation not considered summary vacation shall be deemed a standard vacation.

(Ord. 7331 §125, 2016; Ord. 6966 §1, 2007)

A.

Application.

1.

The application for a requested street, alley or walkway vacation shall be submitted to the Planning Division in accordance with the provisions of 19.660 (General Application Processing Procedures).

2.

In addition to any application requirements set forth in Chapter 19.660 (General application Processing Procedures), applications shall include an environmental information form, plat map, hazardous site review, hazardous materials questionnaire and a petition signed by 60% of the adjacent and affected property owners requesting the vacation.

B.

Vacation process.

1.

Standard vacation requests and summary vacation requests shall be processed in conformance 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.

2.

In addition to the procedures specified above, additional administrative review procedures may apply as established by the City's Administrative Manual: Street, Alley and Walkway Vacation Procedures.

(Ord. 7331 §125, 2016; Ord. 6966 §1, 2007)

The purpose of this chapter is to provide a procedure to permit owners of single-family residential properties to rent a room or rooms in the primary dwelling or dwellings, accessory dwelling unit and/or junior accessory dwelling unit, to more than two but not to exceed four individuals through a room rental permit process. The Room Rental Permit is only applicable to the RR, RE and R1 Zones.

(Ord. 7592 § 11(Exh. L), 2022; Ord. 7331 § 126, 2016; Ord. 7325 § 1, 2016; Ord. 7222 § 6, 2013)

The following procedures apply to applications for a Room Rental Permit:

A.

Application. Owners of a single-family residential property that includes a primary dwelling or dwellings, accessory dwelling unit and/or junior accessory dwelling unit wishing to rent a room or rooms to more than two, but not more than four individuals shall make written application to the Community & Economic Development Department Director or his/her designee, including all the material deemed necessary to demonstrate compliance with the provisions for this use in Chapter 19.520 (Rental of Rooms), including, a signed copy of the Room Rental Permit Agreement to meet the requirements for additional rentals.

B.

Approval. Upon receipt of a complete application, the Community & Economic Development Director or their designee shall grant the permit if all requirements of Chapter 19.520 (Rental of Rooms) are met. The Community & Economic Development Director or their designee shall approve the application unless findings are made that the approval would otherwise adversely affect the residential character of the neighborhood.

C.

Renewal. A Room Rental Permit Agreement is effective for a period of one year from the date of issuance and is required to be renewed on an annual basis thereafter. Renewal of a Room Rental Permit Agreement is subject to the Room Rental Permit Requirements of this chapter.

D.

Appeal. Any person may appeal the decision of the Community & Economic Development Director to the Planning Commission. A notice of public hearing for the appeal shall be provided pursuant to Section 19.670.030.

The decision of the Planning Commission may be appealed to the City Council. In the event of an appeal to the Planning Commission or City Council notice shall be given in the same manner as the Planning Commission appeal. The decision of the City Council shall be final.

E.

Revocation. Three or more violations of any of the operational requirements of Section 19.520.030.B (Operation and Development Standards) including extraordinary police service or response complaints as defined by Chapter 9.60 of the Riverside Municipal Code or citations for violations related to noise or property use or maintenance within any running 12-month period, shall be grounds for revocation of the Room Rental Permit Agreement. Refer to Section 19.700.020 for revocation procedures.

A revoked Room Rental Permit Agreement may not be reissued for a minimum of one year from the revocation date. If a Room Rental Permit Agreement issued to the same owner for the same property is revoked a second time a Room Rental Permit Agreement may not be reissued for the subject property as long as it belongs to the same owner.

(Ord. 7743, § 17, 2025; Ord. 7592 § 11(Exh. L), 2022; Ord. 7331 § 126, 2016; Ord. 7325 § 1, 2016; Ord. 7222 § 6, 2013)

The purpose of this chapter is to establish procedures to change street names that may be perceived to be confusing, that are displeasing to property owners, or that are duplicated elsewhere in the City.

(Ord. 7331 §127, 2016; Ord. 7163 §3, 2012)

A street name change may be initiated in any one of the following manners:

A.

Upon minute action of the City Council.

B.

Upon minute action of the Planning Commission.

C.

Upon application by 51 percent of the adjacent and affected property owners requesting the Street Name Change.

(Ord. 7331 §127, 2016; Ord. 7163 §3, 2012)

A.

General process.

1.

Requests shall be processed in conformance 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.

B.

Voting/approval requirement. Approval of a Street Name Change requires the affirmative vote of a majority of the Planning Commission members present and voting. The Planning Commission's denial of a Street Name Change is final unless appealed to the City Council. If approved by the Planning Commission or appealed to the City Council, the City Council is the final approving authority. A simple majority vote of the City Council is required for approval.

(Ord. 7331 §127, 2016; Ord. 7163 §3, 2012)

In concurrence with the United States Post Office and the Riverside Fire Department, the Planning Division will use the following criteria in evaluating a proposed street name. The Planning Division will assign an appropriate suffix or prefix to proposed street names, such as "Drive," "Way," "Place," "Avenue," "Boulevard," "Camino," "Via," or "Calle."

A.

The first and last names of living persons shall not be permitted.

B.

Proposed street names that are similar sounding or that have a similar spelling to existing street names shall not be permitted. This is applicable to existing streets found in:

1.

The City of Riverside;

2.

The Riverside postal service area, including Rubidoux, Pedley, Glen Avon, Highgrove, Woodcrest, Glen Valley, Lake Hills, March Air Reserve Base, and certain other nearby unincorporated areas; and

3.

Within five miles of the City of Riverside city limits, including portions of the Cities of Corona, Norco, Perris, or Moreno Valley.

C.

Obscene, frivolous, egotistic, or otherwise inappropriate names shall not be permitted.

D.

To the extent possible, short names of five letters or less shall be used for short streets or cul-de-sacs of 300 feet or less in length.

E.

Proposed street names that are too difficult to pronounce or spell shall not be permitted.

(Ord. 7331 §127, 2016; Ord. 7163 §3, 2012)