Riverside County Planning Department - Zoning Ordinance (ORD. 348)

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ARTICLE XVc

W-2-M ZONE (CONTROLLED DEVELOPMENT AREA WITH MOBILEHOMES)

SECTION 15.300. USES PERMITTED.

a. All uses permitted in the W-2 Zone, subject to all the provisions and development standards of the W-2 Zone.

b. Mobilehome used as a one-family residence, provided that the unit has a floor living area of 450 square feet or more, excluding patios and porches, the area between the ground level and floor level is screened from view with an opaque skirt, and the unit is set back 25 feet from the front and rear property lines and ten from the side property lines.

SECTION 15.301. Automobile storage space shall be provided as required by Section 18.12 of this ordinance.

Added Effective:
09-03-69 (Ord. 348.658)

Amended Effective:
09-16-70 (Ord. 348.773)
11-23-82 (Ord. 348.2140)
05-30-74 (Ord. 348.1327)

ARTICLE XVI

W-1 ZONE

(WATERCOURSE, WATERSHED AND CONSERVATION AREAS)

SECTION 16.1. W-1 ZONE (WATERCOURSE AREA) STATEMENT OF POLICY. There are some areas of the County which under present conditions are not suited for permanent occupancy or residency by persons for the reason that they are subject to periodic flooding and other hazards.

The provisions of this article are temporary in nature, awaiting detailed plans of development for the lands and areas so classified. The regulations of this article shall apply to lands so classified until either (1) a drainage and storm water control plan approved by the Planning Commission and the Board of Supervisors shall have been carried out and put into effect, or (2) the lands have been subdivided and a final subdivision map placed on record in accordance with the applicable state and county regulations, including approval by the Planning Commission and Board of Supervisors. In either of these two instances, the property may thereafter be reclassified into any other zone pursuant to regular zoning procedure.

SECTION 16.2. USES PERMITTED.

a. The following uses are permitted in the W-1 Zone:

(1) Field, tree and bush crops; flower and herb gardening.

(2) Apiaries.

(3) The grazing only, of cattle, horses, sheep and goats and similar livestock, subject to the restrictions as to the number of animals per acre set forth in Section 13.1.a. (4) of this ordinance.

(4) Golf courses, not including the construction of buildings.

(5) Water works facilities, both public and private intended primarily for the production and distribution of water for agricultural purposes.

(6) Utilities, both public and private.

(7) Aquaculture.

b. The following uses are permitted provided a conditional use permit has been granted:

(1) Airports and heliports.

(2) Any mining operation which is exempt from the provisions of the California Surface Mining and Reclamation Act of 1975 and County Ordinance No. 555.

(3) Exploratory oil drilling, producing oil wells, oil storage tanks and appurtenant facilities, but not including refineries.

(4) Racing and competition events other than between humans.

(5) Hunting clubs, skeet, trap, rifle and pistol ranges.

(6) Recreational vehicle parks.

(7) (Deleted)

(8) Tennis, badminton, volleyball, squash, lacrosse, handball, baseball, racquetball and football, courts and sport recreational fields and uses.

(9) Buildings and structures in conjunction with any use that is permitted under Section 16.2.a. of this ordinance.

c. The following uses are permitted upon approval of a plot plan pursuant to Section 18.30 of this ordinance:

(1) Signs, on-site advertising, unless previously approved as a part of a granted conditional use permit.

(2) Meteorological towers.

d. The following uses are permitted provided that the operator thereof holds a permit to conduct surface mining operations issued pursuant to County Ordinance No. 555, which has not been revoked or suspended:

(1) Any mining operation that is subject to the California Surface Mining and Reclamation Act of 1975.

e. Commercial WECS and WECS arrays with no limit as to rated power output are permitted provided a commercial WECS permit has been granted pursuant to the provisions of Section 18.41 of this ordinance.

Amended Effective:
11-11-82 (Ord. 348.2104)
08-28-86 (Ord. 348.2612)
07-20-89 (Ord. 348.3043)

SECTION 16.3. Automobile storage space shall be provided as required by Section 18.12 of this ordinance.

SECTION 16.4. STRUCTURE HEIGHT. No commercial WECS shall exceed four hundred (400') feet in height. No other building or structure shall exceed fifty (50') feet in height, unless a greater height is approved pursuant to Section 18.34 of this ordinance. In no event, however, shall any building or structure exceed one hundred five (105') feet in height, unless a variance is approved pursuant to Section 18.27 of this ordinance.

Amended Effective:
05-24-01 (Ordinance 348.3990)

Amended Effective:
02-19-62
05-04-72 (Ord. 348.1023)
07-24-73 (Ord. 348.1190)
09-13-73 (Ord. 348.1201)
05-30-74 (Ord. 348.1327)
03-04-75 (Ord. 348.1435)
12-10-75 (Ord. 348.1481)
09-08-77 (Ord. 348.1588)
11-11-82 (Ord. 348.2104)
05-24-01 (Ord. 348.3990)

ARTICLE XVII

W-E ZONE

(Wind Energy Resource Zone)

SECTION 17.1. W-E Zone (WIND ENERGY RESOURCE ZONE) INTENT. There are some areas of the County which by virtue of strong prevailing winds and the absence of extensive development are ideally suited for large scale development of wind energy. The Riverside County General Plan provides the basis for the development of this resource.

The provisions of this article are intended to recognize this unique wind resource in the County and the need for the development of alternative energy sources.

Added Effective:
11-11-82 (Ord. 348.2104)

SECTION 17.2. USES PERMITTED.

a. Public Utility Uses.

(1) Structures necessary to the conservation and development of water such as dams, pipelines, and pumping facilities.

(2) Transmission facilities for gas.

(3) Transmission facilities for electricity which are subject to the jurisdiction of the California Public Utilities Commission.

(4) Electrical substations.

(5) Railroads, including the necessary facilities in connection therewith.

(6) Cable television transmission facilities.

b. Meteorological Towers

(1) Towers under 50 feet high.

(2) Towers 50 feet and higher provided approval of a plot plan shall first have been granted pursuant to the provisions of Section 18.30.a.(1) of this ordinance. Such a plot plan shall be valid for a period of two years unless a WECS permit is approved on the underlying property within the two-year period, in which case the plot plan shall be valid as long as the WECS permit is valid.

Amended Effective:
10-05-93 (Ord. 348-3567)

c. Deleted

Amended Effective:
10-05-93 (Ord. 348-3567)

d. Commercial WECS and WECS arrays with no limit as to rated power output are permitted provided a commercial WECS permit has been granted pursuant to the provisions of Section 18.41 of this ordinance.

e. Accessory WECS are permitted provided an accessory WECS permit has been granted pursuant to the provisions of Section 18.42 of this ordinance.

f. The following uses are permitted provided approval of a plot plan shall first have been granted pursuant to the provisions of Section 18.30 of this ordinance:

(1) Electrical transmission facilities which are not subject to the jurisdiction of the California Public Utilities Commission and are not included in a commercial WECS permit application.

(2) Electrical storage facilities for the temporary storage of power primarily produced upon the land where a permitted WECS or public utility use is established.

(3) Storage of trucks and other vehicles, machinery and materials on land where a permitted WECS or public utility use is established.

(4) Offices and maintenance shop buildings and structures on land where a permitted WECS or public utility use is established.

(5) One family dwellings for caretakers or watchmen and their families on land where a permitted WECS or public utility use is established, provided no compensation is received for the use of any such dwellings."

Amended Effective:
10-05-93 (Ord. 348.3567)

g. The following uses are permitted provided a conditional use permit has been granted pursuant to the provisions of Section 18.28 of this ordinance:

(1) Mining operations which are exempt from the provisions of the California Surface Mining and Reclamation Act of 1975 and County Ordinance No. 555.

h. Mining operations which are subject to the California Surface Mining and Reclamation Act of 1975 are permitted provided the operator holds a valid permit pursuant to County Ordinance No. 555.

Added Effective:
11-11-82 (Ord. 348.2104)

SECTION 17.3. DEVELOPMENT STANDARDS. The following development standards shall apply in the W-E Zone:

a. Height Limits:

(1) No commercial WECS shall exceed 500 feet in height.

(2) No other building or structure shall exceed 20 feet in height unless a height up to 75 feet for buildings or 400 feet for other structures is specifically permitted under the provisions of Section 18.34 of this ordinance.

b. Setbacks. Minimum setbacks are as follows:

(1) No building or structure shall be closer than 50 feet from any lot line.

(2) Setbacks for accessory WECS shall be as prescribed by Section 18.42 of this ordinance.

(3) Setbacks for commercial WECS and WECS arrays of all sizes shall be as prescribed by Section 18.41 of this ordinance.

(4) Setbacks for a commercial WECS or WECS array used primarily for research or experimentation shall be as prescribed by Section 18.41 of this ordinance.

c. Automobile storage space shall be provided as required by Section 18.12 of this ordinance.

Added Effective:
11-11-82 (Ord. 348.2104)
03-29-88 (Ord. 348.2848)
10-05-93 (Ord. 348.3567)

ARTICLE XVIIa

SP ZONE (SPECIFIC PLAN)

SECTION 17.25. INTENT. The Board of Supervisors hereby finds that it is in the best interest of the County to encourage specific plans of land use for the development of large property holdings, which are otherwise eligible for development under the Riverside County General Plan. The Board further finds that land use allocations assigned to property under a specific plan are based on a variety of environmental and planning factors that may provide for balanced development but may not conform entirely to the zoning classifications contained in this ordinance. It is the intent of the Board in adopting this article to provide a zoning classification tailored to specific plans of land use, and require implementing development to comply with the development standards contained in the adopted specific plan text.

SECTION 17.26. APPLICATION OF ZONE. The Specific Plan Zone shall be applied only to property for which a specific plan of land use has been adopted; provided, however, that the Specific Plan Zone may be adopted concurrently with a specific plan. The zone shall be applied only upon a finding that the specific plan of land use contains definitive development standards and requirements relating to land use, density, lot size and shape, siting of buildings, setbacks, circulation, drainage, landscaping, architecture, water, sewer, public facilities, grading, maintenance, open space, parking, and other elements deemed necessary for the proper development of the property.

SECTION 17.27. USES PERMITTED.

a. The following uses may be permitted in the SP Zone, subject to the zoning requirements contained in the adopted specific plan and the procedural requirements of Subsection b. below:

(1) Residential uses including single-family and multi-family dwellings.

(2) Commercial and office uses.

(3) Manufacturing uses and industrial parks.

(4) Open space, recreation areas, and parks.

(5) Public facilities, including but not limited to, schools, libraries, government buildings, and water and sewer facilities.

(6) Health and community service facilities.

(7) Other uses adopted within the specific plan.

(8) Dry farming and field crops as interim uses.

(9) Uses incidental to the above.

b. Any use permitted within a specific plan shall be subject to the permit requirements specified in the plan. Whenever the specific plan does not specify a procedure or lacks specificity with respect to the requirements for approval of any use, the use shall be subject to the most restrictive permit procedures contained in any zoning classification in which the use is listed.

SECTION 17.28. DEVELOPMENT STANDARDS. Uses shall conform to the development standards, conditions and any special restrictions contained in the adopted specific plan and any amendments thereto; provided, however, that if the specific plan lacks one or more standards, the applicable standards from the zoning classification which most closely fits the land use assigned to the site shall be utilized.

Added Effective:
06-30-88 (Ord. 348.2856)

a. NOTICE OF HEARING. Notice of time, date and place of the hearing, the identity of the hearing body and a general description of the location of the real property, which is the subject of the hearing, shall be given at least ten days prior to the hearing by all of the following procedures:

(1) Publication once in a newspaper of general circulation in the County.

(2) Mailing or delivering to the owner of the subject real property or the owner's duly authorized agent, and to the project applicant.

(3) Mailing or delivering to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project whose ability to provide those facilities and services may be significantly affected.

(4) Mailing or delivering to all owners of real property which is located within 300 feet of the exterior boundaries of the subject property, as such owners are shown on the last equalized assessment roll and any update.

(5) Mailing by first class mail to any person who has filed a written request with the Planning Department and has provided that department with a self-addressed stamped envelope for that purpose.

(6) If the number of owners to whom notice would be mailed or delivered pursuant to paragraphs (2) or (4) herein is greater than 1,000, in lieu of mailed or delivered notice, notice may be provided by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation at least ten days prior to the hearing.

(7) The Planning Director may require that additional notice of the hearing be given in any other manner he deems necessary or desirable.

b. ADMINISTRATION OF OATHS. The Chairman may require that witnesses be sworn.

c. HEARING AND NOTICE OF DECISION. The hearing body shall hear relevant testimony from interested persons and make its decision within a reasonable time after the close of the public hearing. Notice of the decision shall be filed by the Planning Director with the Clerk of the Board of Supervisors, together with a report of the proceedings, not more than 15 days after the decision. A copy of the notice of decision shall be mailed to the applicant and to any person who has made a written request for a copy of the decision. If the hearing body is unable to make a decision, that fact shall be filed with the Clerk of the Board in the same manner for reporting decisions and shall be considered as a notice of denial of the application by the hearing body. The Clerk of the Board shall place the notice of the decision on the next agenda of the Board of Supervisors held five or more days after the Clerk receives the notice from the Planning Director.

d. PROCEEDINGS BEFORE THE BOARD OF SUPERVISORS. The decision of the hearing body is considered final and no action by the Board of Supervisors is required unless, within ten days after the notice of decision appears on the Board's agenda, the applicant or an interested person files an appeal, accompanied by the fee set forth in County Ordinance No. 671, with the Clerk of the Board or unless the Board assumes jurisdiction by ordering the matter set for public hearing. If a timely appeal is filed or the Board assumes jurisdiction, the Clerk of the Board shall set the matter for public hearing before the Board not less than 13 nor more than 60 days thereafter and shall give notice of the time and place of the hearing in the same manner as notice was given of the hearing before the hearing body.

e. HEARING BEFORE THE BOARD OF SUPERVISORS. The Board of Supervisors shall hear the matter de novo; however, the documents and the minutes of the hearing before the hearing body shall be a part of the Board's record at its hearing on the matter. The Board shall hear relevant testimony from interested persons and within a reasonable time after the close of the hearing, make its decision sustaining, reversing or modifying the decision of the hearing body.

f. TRANSCRIPTS.

(1) Whenever any person desires to obtain a transcript of the oral proceedings of a public hearing before the Board of Supervisors, Planning Commission or the East Area Planning Council, or desires to have a record made of such proceedings, he shall, not less than seven days before the hearing, notify in writing the Clerk of the Board, if the hearing is before the Board, or the Secretary of the Planning Commission if the hearing is before the Planning Commission or the East Area Planning Council. The written request shall be accompanied by a deposit of a sum equal to one day's fee for a Court Reporter. The Clerk or Secretary shall thereupon arrange to have a Court Reporter present at the hearing. If the hearing is thereafter continued to another day, a like request, deposit and arrangement for a Court Reporter shall be made, if the record is desired. Such a person may directly arrange for attendance and payment of a Court Reporter instead of making such arrangements through the Clerk or Secretary by the person desiring the same.

(2) Whenever any person desires to obtain a Clerk's transcript of the documents involved in a proceeding before the Board of Supervisors, the Planning Commission or East Area Planning Council, he shall make a written request to the Clerk of the Board, if the matter is before the Board of Supervisors or to the Secretary of the Planning Commission, if the matter is before the Planning Commission or the East Area Planning Council. The Clerk or Secretary shall determine the number of pages involved and require payment in advance for the transcript at the current rate.

Amended Effective:
11-11-82 (Ord. 348.2104)
05-31-83 (Ord. 348.2156)
07-03-84 (Ord. 348.2338)
01-03-85 (Ord. 348.2430)
03-12-87 (Ord. 348.2670)
09-08-95 (Ord. 348.3727)

ARTICLE XVIII

GENERAL PROVISIONS

SECTION 18.1. CONFLICTING REGULATIONS. If any section of this ordinance is in conflict with any other section thereof, or an other County ordinance, then the more stringent requirements shall apply.

SECTION 18.2.a. SCOPE OF REGULATIONS. All land, buildings and structures in the unincorporated area of the County of Riverside shall be used only as hereinafter provided.

Amended Effective:
06-06-95 (Ord. 348.3677)

a. Private Projects.

(1) No land, building or structure shall be used, constructed, altered or maintained except in conformance with the provisions of this ordinance.

(2) No use that requires a permit or approval of any kind under the provisions of this ordinance shall be established or operated until the permit or approval is finally granted and all required conditions of the permit or approval have been completed.

(3) No use that requires a permit or approval of any kind under the provisions of this ordinance shall be established or operated in violation of, or contrary to, any of the terms and conditions of the granted permit or approval.

(4) The term "private project" shall include those projects of local agencies which are subject to County regulation under Government Code Sections 53090 to 53095, and shall also include any project proposed to be established or operated on government lands if the project is not primarily for a governmental purpose unless the government agency involved has exclusive jurisdiction or the field of regulation has been preempted by law.

b. Public Projects.

(1) No federal, state, county or city governmental project shall be subject to the provisions of this ordinance, including such projects operated by any combination of these agencies or by a private person for the benefit of any such government agency, unless the agency provides by contract or otherwise that the project shall be constructed or operated in compliance with any or all provisions of this ordinance.

SECTION 18.2.b. PRE-APPLICATION REVIEW. Any person who seeks a permit or approval of any kind under this ordinance, shall comply with the pre-application review procedure described in County Ordinance No. 752 to the extent that such procedure is applicable.

Amended Effective:
06-06-95 (Ord. 348.3677)

SECTION 18.3. COUNTY TO BE HELD HARMLESS. Any person who obtains, or files an application to obtain, a permit or approval of any kind under the provisions of this ordinance, shall hold the County harmless from any liability or claim of liability, including any claims of the applicant, arising out of the issuance of the permit or approval, or the denial thereof, or arising out of any action by any person seeking to have a granted permit or approval held void by a court of law.

SECTION 18.4. SPECIAL STUDIES ZONES - GEOLOGIC REPORT REQUIREMENTS.

a. In addition to the requirements of this ordinance, all applicants, for a specific plan of land use, conditional use permit, public use permit, plot plan or development plan or certificate of occupancy approval, for a project, as defined in County Ordinance No. 547, within a special studies zone delineated by the State Geologist pursuant to Section 2621 et seq. of the Public Resources Code, shall comply with all of the provisions of County Ordinance No. 547, and no permit or approval subject thereto shall be granted except in accordance with the provisions thereof.

b. No application subject to the provisions of this section shall be considered as completed for filing, and the time limitations for processing an application shall not begin to run, until all requirements under County Ordinance No. 547 have been completed.

SECTION 18.5. STANDARDS FOR PLANNED RESIDENTIAL DEVELOPMENTS. Planned residential developments shall be constructed in accordance with the hereinafter listed requirements. In addition thereto, planned residential developments shall be subject to, and shall comply with, such additional conditions and requirements as are determined to be necessary in approving the development to make it compatible with the community in which it is proposed to be located.

a. A subdivision map, prepared substantially in accordance with the conditions of approval thereof and the requirements of this section, shall be recorded pursuant to County Ordinance No. 460.

b. DENSITY, OPEN AREAS AND HEIGHT LIMITATIONS. Not less than 40 percent of the net area of a project shall be used for open area or recreational facilities, or a combination thereof. The net area of a project shall be determined by excluding all streets, drives and automobile storage areas. The total number of dwelling units in a project shall not exceed that which would be permitted if the project were a standard lot development. The height of buildings shall not exceed that which is permitted in the zone in which the project is located. The maximum permitted density and height limits may be reduced if it is determined to be necessary for a planned development to achieve compatibility with the area in which the development is located.

c. YARD SETBACKS. Building setbacks from a project's exterior streets and boundary lines shall be the same as those prescribed by the zone in which the project is located. In no case shall such building setbacks for any project be less than those prescribed in the R-3 Zone. The minimum building setback from interior drives shall be ten feet.

d. STREETS. Streets, which may be permitted to be private, shall be required in accordance with the provisions of County Ordinance No. 460.

e. RESIDENTIAL STRUCTURES. The number of dwelling units in one building shall not exceed two in the R-1 Zone and all other zones that permit planned residential developments as an R-1 use, or eight dwelling units in one building in the R-2 and R-2-A Zones. The number of dwelling units in a building in the R-3 Zone and all other zones that permit planned residential developments as an R-3 use shall not exceed that permitted by the R-3 Zone development standards. Residential buildings shall have a minimum ground floor living area of 1000 square feet and each dwelling unit in a building shall have the minimum floor living area required by Section 18.11 of this ordinance.

f. RECREATIONAL BUILDINGS. Recreational, public assembly and similar buildings may be permitted within a project if they are intended for the primary use of persons residing within the project and are located so as not to be detrimental to adjacent properties.

g. MAINTENANCE OF COMMON AREAS. A community association with the unqualified right to assess the owners of the dwelling units for all maintenance, operational and other costs of the common areas and facilities and the community association shall be established and continuously maintained. The association shall have the right to lien the units of the owners who default in the payment of their assessments. The association's lien shall not be subordinate to any encumbrance other than a deed of trust or mortgage made in good faith and for value which is of record prior to the recordation of the lien of the association. Prior to recordation of the final subdivision map, the developer shall submit for approval the declaration of covenants, conditions and restrictions for the project. The approved declaration shall be recorded at the time of the recording of the final subdivision map.

h. TRASH AREAS. Adequate enclosed trash pickup areas, convenient to the residents which they are intended to serve, shall be provided in the project.

i. SCREENING. A six foot high masonry wall shall be constructed on any project boundary line where the adjacent property is zoned for a lower residential density than that zone in which the project is located.

j. WALKWAYS. Five foot wide paved pedestrian walkways shall be installed between the dwelling units and the recreational areas of the project.

k. ACCESS. Vehicular access openings into a project shall be limited to one for each 400 feet of public street frontage; however, all projects shall be permitted two access drives regardless of the amount of frontage.

l. PARKING. Refer to Section 18.12 of this ordinance.

Amended Effective:
07-04-96 (Ord 348.3773)

SECTION 18.6. PLANNED RESIDENTIAL DEVELOPMENTS - SENIOR CITIZENS.

a. When it is proposed by an applicant that occupancy of a planned residential development be limited to senior citizens, the application for the land division shall include the statement that the development is proposed to be limited to a senior citizen residential development.

b. Senior citizen planned residential developments shall be constructed in accordance with all of the development requirements of Section 18.5 of this ordinance, except as modified herein:

(1) DESIGN. The overall development shall be designed for ease of use by persons of advanced age. Not less than one accessible route for the handicapped to all on-site facilities shall be provided. Where public facilities exist, such as bus stops, sidewalks and drop-off zones, accessible routes for the handicapped shall be provided.

(2) LOCATION. Developments shall be located in areas which offer services to the aged, such as transportation, shopping, recreation and nutrition programs.

(3) ELEVATORS. No building shall be constructed that exceeds one story in height unless it contains elevators for the use of the occupants. Residential buildings which exceed one story shall provide additional elevators if they are needed due to the number of units or project design proposed. Elevators shall be spaced in order to minimize the walking distance from the elevators to the residential units.

(4) RECREATION. Common recreational facilities or buildings designed for senior citizen use shall be provided for the use of the occupants.

(5) MEDICAL. Medical offices and convalescent facilities, not including hospitals, may be required for the use of the occupants.

(6) PARKING. Refer to Section 18.12 of this ordinance.

Amended Effective:
07-04-96 (Ord. 348.3773)

(7) HANDICAPPED PARKING. Refer to Section 18.12. of this ordinance.

Amended Effective:
07-04-96 (Ord. 348.3773)

(8) (Deleted)

(9) HANDICAPPED UNITS. At least ten percent of the residential units shall be adaptable for the handicapped. Those units shall meet the standards set forth by the Department of Housing and Community Development, Title 24, Part II of the California Administrative Code.

Amended Effective:
06-28-84 (Ord. 348.2341)
08-13-91 (Ord. 348.3341)
07-04-96 (Ord. 348.3773)

SECTION 18.7. Deleted.

Amended Effective:
08-13-91 (Ord. 348.3341)
04-13-93 (Ord. 348.3503)
11-26-00 (Ord. 348.3962)

SECTION 18.8. NONCONFORMING STRUCTURES AND USES. The following provisions shall apply to all nonconforming structures and uses:

a. Any nonconforming structure or use may be continued and maintained for the periods of time hereinafter set forth, provided there are no structural alterations except as hereinafter allowed. Agricultural crops are not subject to the provisions of this section; agricultural uses that involve permanent structures are subject to this section, however such uses shall be permitted to make any changes or improvements that are required by any County or State law, including structural alterations that are necessary as a part thereof.

b. VERIFICATION OF NONCONFORMING STRUCTURE OR USE. When it is necessary to obtain from the County a written verification of the nonconforming status of a structure or use the following procedure shall apply:

(1) APPLICATION. Every application for a determination of nonconforming use status shall be made in writing to the Planning Director on the forms provided by the Planning Department, shall be accompanied by the filing fee as set forth in County Ordinance No. 671, and shall include the following information:

a) Name, address and phone number of applicant [or representative] and the property owner.

b) Assessor's Parcel Number of premises involved.

c) A site plan drawn in sufficient detail to clearly describe the following:

1. Physical dimensions of property.

2. Location and dimensions of all existing structures.

3. Setback dimensions.

4. Location and dimensions of all driveways, parking areas, landscape areas, fences, and walls.

5. Location and dimensions of all adjacent roadways showing location of street centerline and all existing improvements such as sidewalks, curbs, gutters, or curb cuts.

d) Panoramic photographs showing all sides of the on-site property, and adjacent off-site properties.

e) Current zoning (with change of zone case number) and date it was adopted and became effective.

f) Prior zoning designation.

g) Written statement of justification for the nonconforming subject use of the property.

h) Supporting documentation showing that the site has been in continuous use. Documentation may include, but is not limited to: bills of sale, bills of lading, utility bills, property tax records, Board of Equalization records, Employment Development Department records, fictitious business statement, Articles of Incorporation, canceled business checks, sales receipts, Rental or lease agreements, or licenses.

i) Such other information as determined necessary by the Planning Department.

(2) REVIEW AND NOTICE OF DECISION. Not less than 30 days from acceptance of an application as complete, the Planning Department shall verify the current zoning and supporting documentation. If the nonconforming use or structure is substantiated, the Planning Department shall complete a "Certificate of Nonconforming Use" which shall include the following information: Assessor's Parcel Number, situs address, nature of nonconforming use, expiration date, and such other information as deemed appropriate. If the subject use or structure is not able to be substantiated the Planning Department shall prepare a letter of denial of the nonconforming use to include the following information: Assessor's Parcel Number, nature of nonconforming use, and justification for the denial of the request.

c. A nonconforming structure or use may be maintained for the following periods of time:

(1) Where the property is unimproved: 1 year.

(2) Where the only improvements are structures, the replacement of which would not require a building permit 3 years.

(3) Outdoor advertising: 5 years.

(4) General commercial uses, such as those primarily permitted in C Zones: 1 year.

Amended Effective:
09-29-00 (Ord. 348.3955)

(5) General manufacturing uses, such as those primarily permitted in M Zones: 40 years.

(6) Kennels and catteries: 20 years

Provided, however, that the nonconforming right shall be lost upon a transfer of ownership which occurs five years or more after the building or use becomes nonconforming.

(7) Commercial agricultural operations:

a) Dairy farms: 30 years.

b) Goat, sheep and other small animal farms: 10 years.

c) Hog ranches: 10 years.

d) Horse ranches: 20 years.

e) Menageries: 5 years.

f) Pen fed cattle operations: 30 years.

g) Poultry: 20 years.

h) Rabbits: 10 years.

(8) Noncommercial agricultural operations:

a) Goats, sheep and other small animals: 3 years.

b) Hogs: 3 years.

c) Horses and cattle: 3 years.

d) Menageries: 3 years.

e) Poultry: 3 years.

f) Rabbits: 3 years.

g) Crowing fowl: 18 months

Added Effective:
09-15-00 (Ord. 348.3954)

d. EXTENSION OF AMORTIZATION PERIOD. Whenever a commercial or industrial structure or use has exceeded the time periods specified in Section 18.8c of this ordinance an extension to a time certain may be granted. The total time allowed for the extension shall not exceed ten years. The following procedure shall apply to all applications for approval of Nonconforming Use Extensions for commercial or industrial uses only.

(1) APPLICATION. Every application for a Nonconforming Use Extension shall be made in writing on the forms provided by the Planning Department, shall be accompanied by the filing fee as set forth in Ordinance No. 671, and shall include the following information:

a) Name, address and phone number of applicant [or representative] and the property owner.

b) Assessor's Parcel Number of premises involved.

c) A site plan drawn in sufficient detail to clearly describe the following:

1. Physical dimensions of property.

2. Location and dimensions of all existing structures.

3. Setback dimensions.

4. Location and dimensions of all driveways, parking areas, landscape areas, fences, and walls.

5. Location and dimensions of all adjacent roadways showing location of street centerline and all existing improvements such as sidewalks, curbs, gutters, or curb cuts.

d) Panoramic photographs showing all sides of the on-site property and improvements as well as adjacent off-site properties.

e) Current zoning [with change of zone case number] and date it was adopted and became effective.

f) Prior zoning designation.

g) Written statement of justification for continued nonconforming use of the property.

i) Such other information as determined necessary by the Planning Department.

(2) PUBLIC HEARING. A public hearing shall be held on the application for a Nonconforming Use Extension in accordance with the provisions of Section 18.26 and all the procedural requirements and rights of appeal as set forth therein shall govern the hearing.

(3) CONDITIONS. A Nonconforming Use Extension shall not be granted unless the applicant demonstrates that the proposed use will not be detrimental to the health, safety, or general welfare of the community. Any extension that is granted shall be subject to such conditions as shall be necessary to protect the health, safety, or general welfare of the community.

e. EXPANSION OF NONCONFORMING USE. The total square footage of an existing nonconforming structure or use, excluding mobilehomes, may be expanded a maximum of 25 percent on the same parcel of land from the time the use was deemed nonconforming. Such expansion shall require issuance of a building permit only and shall not extend the period of nonconforming time in which the use must be eliminated.

f. Any part of a structure or land occupied by a nonconforming use which is changed to or replaced by a use that conforms to the provisions of this ordinance as they apply to the particular zone shall not thereafter be used or occupied by a nonconforming use.

g. Any part of a structure or land occupied by a nonconforming use, which use is discontinued for one year or more, shall thereafter be used in conformity with the provisions of this ordinance and the nonconforming right shall be lost.

h. Any structure for which a permit has been legally issued, and on which substantial construction has been performed on the site before an amendment to the ordinance making the use nonconforming, may nevertheless be continued and completed in accordance with the plans and specifications upon which the permit was issued.

i. The provisions of this section shall not prevent the reconstruction, repairing, rebuilding, or replacement and continued use of any nonconforming structure that is damaged by fire, explosion or acts of God; provided, however, any such rebuilding, reconstruction, or repairing shall not extend the period of nonconforming time in which the use must be eliminated.

j. Whenever dwelling units in an area are zoned, as part of a senior citizen development, for permanent occupancy only by persons above a minimum age, any person below the minimum age requirement residing in a dwelling unit in the area at the time the zone classification becomes effective is not subject to the age restriction and may continue residency in the dwelling unit for an unlimited period of time. The right to continue such occupancy is not transferable to any other person.

k. The provisions of this section apply to structures and uses which become nonconforming by reason of the adoption of this ordinance or any amendment thereof, as of the effective date of such adoption or amendment. No use shall be deemed to have become nonconforming by virtue of decreased lot size resulting solely from the acquisition of any portion of the lot for public road or storm or drainage channel purposes or the adoption of any specific plan for such purpose.

Amended Effective:
07-18-96 (Ord. 348.3775)

SECTION 18.9. DIVISION OF LAND. Whenever a division of land is proposed, the total number of lots or density permitted shall be determined pursuant to the Riverside County General Plan, any applicable adopted specific plan and Section 66474 of the Government Code. In any event, no parcel shall be created that is below the minimum size allowed by the zoning classification that has been applied to the parcel of land unless a variance has been granted that allows smaller parcel sizes, or a planned residential development has been approved that allows smaller lot sizes as part of an overall development.

SECTION 18.10. LOCATION OF DWELLINGS. Except in multiple dwelling developments or where otherwise provided in this ordinance, every dwelling shall face or front upon a street or permanent means of access to a street, and in no event shall any dwelling face or front upon an alley.

SECTION 18.11. SIZE OF DWELLINGS. No dwelling shall be constructed unless it has a minimum floor living area of not less than 750 square feet, provided, however, a larger minimum size dwelling may be specifically required in any area of the County by an official zoning plan map pursuant to Section 18.35 of this ordinance. Porches, garages, patios and similar features, whether attached or detached to a dwelling, shall not be included when calculating the floor living area.

SECTION 18.12. OFF-STREET VEHICLE PARKING. The purpose of this section is to provide sufficient off-street parking and loading spaces for all land uses in the unincorporated area of the County of Riverside and to assure the provision and maintenance of safe, adequate and well-designed off-street parking facilities. It is the intent of this section that the number of required parking and loading spaces will meet the needs created by the particular uses. The standards for parking facilities are also intended to reduce street congestion and traffic hazards, promote vehicular and pedestrian safety and efficient land use.

Off-street vehicle parking shall be provided in accordance with this section when the associated building or structure is constructed or the use is established. Additional off-street parking shall be provided in accordance with this section when an existing building is altered or dwelling units, apartments or guest rooms are added, or a use is intensified by the addition of floor space or seating capacity, or there is a change of use.

a. PARKING DESIGN STANDARDS.

(1) APPROVAL OF OFF-STREET PARKING PLAN. A plot plan, pursuant to the provisions of Section 18.30 of this ordinance, shall be filed for approval of all off-street parking facilities, except for one and two-family residences, unless the off-street parking facilities are approved as a part of a plot plan, conditional use permit or public use permit approval.

(2) NUMBER OF REQUIRED PARKING SPACES.

a) In the case of mixed land uses, the total number of parking spaces shall be the sum of the requirements for the various uses computed separately unless shared parking is approved as provided in this article.

b) The following table is designed to allow calculation of parking spaces required for the uses shown:

GENERAL COMMERCIAL/RETAIL USES	PER SQUARE FOOT OR UNIT	PER EMPLOYEE OR STUDENT	OTHER CRITERIA	FOR VEHICLE STACKING
auditoriums, exhibition halls, theaters, movie theaters and similar places with fixed seats	1 space/3 seats
auditoriums, exhibition halls, theaters, movie theaters, and similar places without fixed seats:	1 space/30 sq. ft. of net assembly area
automobile repair and service shops:	1 space/150 sq. ft. gross floor area
automobile service stations:	4 spaces		4 spaces/service bay
automobile washing and cleaning establishments except self-serve:		1 space/3 employees of largest shift	2 spaces/stall
automobile washing and cleaning establishments - self-serve:			2 spaces/stall
banks, savings and loans, and other financial institutions:	1 space/250 sq. ft. gross floor area			stacking for 6 vehicles prior to the drive-up window
barber and beauty shops and similar uses:	1 space/150 sq. ft. gross floor area
bingo game operations:			Ord. No. 558
clubs, discos, ballrooms, cabarets, cocktail lounges, dance halls, lodges & incidental dancing areas, and similar facilities where dancing is the principal use	1 space/30 sq. ft. of dance floor area
general retail; including, but not limited to, freestanding convenience markets, liquor stores and supermarkets:	1 space/200 sq. ft. of gross floor area
general retail; including but not limited to, neighborhood, community and regional shopping centers, including those with restaurants:	51/2 spaces/1,000 sq. ft. of net leasable floor area
furniture, drapery, plumbing, floor covering, and appliance stores:	1 space/750 sq. ft. of sale or display area
laundries, self-serve:	1 space/250 sq. ft. of gross floor area
mini-warehouses, self storage:		2 spaces/3 employees
professional business office:	1 space/200 sq. ft. of net leasable floor area
restaurants, drive-thrus, walk-ups, cafes, lounges, bars and other establishments for the sale and consumption on the premises of food and beverages:	1 space/45 sq. ft. of serving area	1 space/2 employees		stacking for 6 vehicles prior to the menu board
uncovered sales area, including areas for new or used automobiles, boat or trailer sales, lumber or building materials yards, plant nurseries or similar uses:	1 space/1,000 sq. ft. of uncovered sales area to a maximum of 20 spaces	1 space/employee
video arcades:	1 space/250 sq. ft. of gross floor area

NOTES: The columns, working left to right, are generally additive unless otherwise indicated.

Unless otherwise specified, all parking must be within 300 feet of the use served, on the same parcel as the use, or on an adjoining appropriately zoned parcel.

All vehicle storage (stacking) spaces shall be located off-street. A driveway for stacking leading to a drive-up window shall be designed so as not to interfere with the free or orderly circulation of the parking area.

RECREATIONAL USES	PER SQUARE FOOT OR UNIT	OTHER CRITERIA
billiard and pool rooms:	1 space/250 sq. ft. of gross floor area
bowling alleys:		4 spaces/alley
driving ranges:		1 space/tee
game courts, tennis courts, racquetball clubs:		1 space/court
golf courses:		6 spaces/hole
golf course, miniature:		3 spaces/hole
gymnasiums, spas and health studios:	1 space/200 sq. ft. of gross floor area
parks and recreational uses:	1 space/8,000 sq. ft. of active recreational area within a park or playground	1 space/acre of passive recreational area within a park or playground
skating rinks, ice and roller:	1 space/20 sq. ft. of seating area, AND 1 space/250 sq. ft. of skating area
stadiums and sport arenas:	1 space/30 sq. ft. of net assembly area
swimming pools, commercial:	1 space/250 sq. ft. of pool area

INDUSTRIAL USES	PER SQUARE FOOT OR UNIT	PER EMPLOYEE OR STUDENT	OTHER CRITERIA
industrial uses:	If number of workers cannot be determined: 1 space/250 sq. ft. of office area, PLUS 1 space/500 sq. ft. of fabrication area, PLUS 1 space/1,000 sq. ft. of storage area, AND 1 space/500 sq. ft. of floor plan which is uncommitted to any type of use	If number of workers can be determined: 1 space/2 employees of largest shift, AND 1 space/vehicle kept in connection with the use
manufacturing or repair plants maintaining more than one shift of workers:		2 spaces/3 employees on each of the two largest shifts	1 space/company operated vehicle
salvage and junk yards, including but not limited to automobile dismantling, auto wrecking yards, storage yards, scrap metal processing and similar uses:	1 space/5,000 sq. ft. of lot area
warehouses and wholesaling:	1 space/2,000 sq. ft. of gross floor area

RESIDENTIAL USES (Parking must be located on-site conveniently distributed throughout the project. For multiple family residences, condominiums, planned residential developments and senior citizen planned residential developments, at least one of the required parking spaces per unit shall be located in a garage or carport which is architecturally harmonious with the main structure. All parking spaces shall be located within 200 feet of the building they serve unless otherwise specified.)	PER SQUARE FOOT OR UNIT	PER EMPLOYEE OR STUDENT	OTHER CRITERIA
Single family:	2 spaces/dwelling unit
Multiple family:
single bedroom or studio dwelling unit:	1.25 spaces/unit
two bedrooms/dwelling unit:	2.25 spaces/unit
three or more bedrooms/dwelling unit:	2.75 spaces/unit	1 space/employee
Planned residential development:
single bedroom dwelling unit:	1.5 spaces/unit
two or more bedroom dwelling unit:	2.5 spaces/unit
senior citizen: (Parking spaces shall be located no more than 150 feet from the unit they serve.)	Refer to single family and multiple family residential requirements stated above.
Mobilehome parks:	2 spaces/travel trailer or mobilehome space- spaces may be tandem		1 guest space/8 mobilehome spaces

LODGING USES (All parking must be within 150 feet of the use served.)	PER SQUARE FOOT OR UNIT	PER EMPLOYEE OR STUDENT	OTHER CRITERIA
boarding houses, lodging or rooming houses, dormitories, fraternity and sorority houses:			1 space/2 beds
hotels and motels:			1 space/room, AND 2 spaces/resident manager
recreational vehicle parks:	1space/recreation vehicle site		1 visitor space/5 recreational vehicle sites
MEDICAL USES
home for the aged, sanitariums, convalescent homes, children's homes, asylums, and nursing homes or similar institutions:		1 space/3 employees	1 space/3 beds, AND 1 space/vehicle owned and operated by the institution
hospitals and clinics: (A hospital may have a parking area more than 150 feet from the building to be served as long as an automatic parking gate or similar method of vehicular control is installed.)		1 space/staff member of largest shift	1 space/2 patient's beds, AND 1 space/vehicle owned and operated by hospital or clinic
medical and dental offices, clinics, and medical business offices:	1 space/200 sq. ft. of net leasable floor area
veterinary hospitals and clinics:	1 space/300 sq. ft. of gross floor area

CIVIC/RELIGIOUS INSTITUTIONS	PER SQUARE FOOT OR UNIT	PER EMPLOYEE OR STUDENT	OTHER CRITERIA
auditoriums with fixed seats:	1 space/3 seats
auditoriums without fixed seats:	1 space/30 sq. ft. of net assembly area in the assembly hall
cemeteries and crematories, mausoleums, columbariums and funeral establishments when incidental to a cemetery:	1 space/30 sq. ft of net assembly room area	1 space/employee	1 space/vehicle operated on the grounds by the proprietary institution
churches, chapels and other places of worship:	1 space/35 sq. ft. of net assembly area used simultaneously for assembly purposes		When a school bus is kept, there can be a reduction of 2 spaces/bus
libraries, museums, art galleries or similar uses:	1 space/300 sq. ft. of gross floor area	1 space/2 employees
mortuary and funeral homes:	1 space/35 sq. ft. of net assembly area	1 space/employee
PUBLIC UTILITIES/TELECOMMUNICATIONS
public utility facilities, including but not limited to, electric, gas, telephone, and telecommunication facilities not having business offices on the premises:		1 space/2 employees	1 space/vehicle kept in connection with the use

EDUCATIONAL INSTITUTIONS	PER SQUARE FOOT OR UNIT	PER EMPLOYEE OR STUDENT	OTHER CRITERIA	FOR VEHICLE STACKING
day care centers, including nurseries and pre-schools	1 space/500 sq. ft. of gross floor area		When a school bus is kept, there can be a reduction of 2 spaces/bus
elementary and intermediate:	Whichever is greater: 1 space/classroom, OR 1 space/3 seats in the auditorium or multi-purpose room.		When a school bus is kept, there can be a reduction of 2 spaces/bus	Loading/unloading space for at least 2 school buses
high schools:		1 space/employee, PLUS 1 space/faculty member, AND 1 space/8 students	When a school bus is kept, there can be a reduction of 2 spaces/bus	Loading/unloading space for at least 2 school buses
colleges and universities:	Whichever is greater: 1 space/30 sq. ft. of net assembly area of main auditorium or stadium OR	1 space/employee, PLUS 1 space/faculty member, AND 1 space/2 students
trade schools, business colleges and commercial schools		1 space/employee, PLUS 1 space/2 students
private schools:		1 space/employee, PLUS 1 space/2 students		Loading / unloading space for at least 10 cars

c. PARKING REQUIREMENTS FOR USES NOT SPECIFIED. When parking requirements for a use are not specifically stated, the parking requirement for such use shall be determined by the Planning Director based on the requirement for the most comparable listed use in this article.

d. REQUESTS FOR MODIFICATIONS FROM PARKING STANDARDS. The Planning Director may, without notice or hearing, permit modifications to the circulation and parking layout requirements where topographic or other physical conditions make it impractical to require strict compliance with these requirements.

e. ALTERNATIVE PROGRAMS FOR PARKING.

(1) A residential, commercial or industrial project may provide for alternative programs which reduce parking demand in return for a reduction in the number of off-street parking spaces required.

(2) Alternative programs that may be considered by the Planning Director under this provision include, but are not limited to, the following:

a) Private Car Pool/Van Pool Operations. Office or industrial developments which guarantee preferred parking spaces to employees who participate regularly in a car or van pool may have their parking requirement reduced by two parking spaces for every one space which is marked for car or van pool at a preferred location.

b) Mass Transit. Developments which are located within 150 feet of a mass transit facility may have their parking requirement reduced by two percent of the total number of required parking spaces.

c) Planned Residential Development - Senior Citizen. A 20 percent reduction in the total number of required parking spaces may be allowed when an alternative senior citizen transportation program is proposed.

d) Bicycle Parking. Developments which provide secured bicycle parking facilities exceeding the minimum requirement may reduce the number of required parking spaces by one vehicle space for every three additional bicycle spaces provided.

e) Shared Parking Requirements. The Planning Director may, upon application by the owner or lessee of any property, authorize shared use of parking facilities under the following conditions:

1. Sufficient evidence shall be presented to the Planning Director to demonstrate that no substantial conflict in the principal hours or periods of peak demand will exist between the uses or structures which propose to share parking.

2. The building or use for which an application for shared parking is being made shall be located within 150 feet of the parking area to be shared.

3. No more than 50 percent of the parking space requirement shall be met through shared parking.

4. Parties sharing off-street parking facilities shall provide evidence of a reciprocal parking agreement for such joint use by a proper legal instrument recorded in the office of the County Recorder with the number of copies as required and thereof filed with the County Building and Safety Department.

Amended Effective:
11-28-97 (Ord. 348.3804)

f) For projects within the "Rubidoux Village Policy Area" of the Jurupa Community Plan which are zoned R-VC (Rubidoux-Village Commercial), the Planning Director may, upon application by the owner or the lessee of any property, having 50 feet or more of street frontage or 7,500 square footage in building area, authorize shared use of parking facilities under the following conditions:

1. Individual lots of less than 50 feet in width or 7500 square feet in area are exempt from the on-site parking requirement.

2. Individual lots with areas between 7,500 and 15,000 square feet may use street and public parking to meet no more than 75 percent of the parking requirement.

3. Individual lots in excess of 15,000 square feet may use street and public area parking to meet no more than 50 percent of the parking requirement.

4. When street parking is used to meet the parking requirement, all regular and handicap stalls on the street within 600 feet of the boundaries of the project may be counted. This provision applies to parking along Mission Boulevard as well as the local streets that serve Mission Boulevard.

5. Parking within public parking lots created as a function of the Jurupa Valley Redevelopment Plan (JVRP) already in existence may also be counted toward the shared parking allowance if located within 600 feet of the boundaries of the parcel in question.

6. An exemption from the off-street parking requirements is granted for all existing uses and structures undergoing remodeling or improvements that do not propose to alter the existing permitted uses, expand the area devoted to such uses or alter the existing parking arrangement.

7. Parking area improvement standards: In situations where off-street parking is required, the design of the parking area must respond to the following criteria:

(a) Access to parking areas over public or private sidewalks must be indicated by a change in paving texture.

(b) A landscape buffer of a minimum five feet in width must separate the parking area from a public right-of-way or the building setback line.

Added Effective:
11-28-97 (Ord. 348.3804)

f. Special Review of Parking. The Planning Director may reduce the parking requirement otherwise prescribed for any use or combination of uses as part of the review of a development plan including, but not limited to, a plot plan, a conditional use permit, a public use permit, a surface mining permit, a planned residential development or a specific plan, based on the following conditions:

(1) The applicant shall submit a request for modification of parking standards, including sufficient evidence and documentation, to demonstrate to the Planning Director that unusual conditions warrant a parking reduction. Evidence shall include, but is not limited to, the following:

a) Information showing that the parking area serves uses having peak parking demands which occur at different times.

b) Floor plans which indicate that the floor area devoted to customer or employee use is less than typical for the size building proposed.

c) Documentation that other programs which will be implemented by the developer or tenant(s) will result in a reduced parking demand, such as the provision of monetary incentives to employees who regularly utilize public transit or participate in a car or van pool.

(2) As a condition of approval of the parking reduction, the applicant may be required to record agreements or covenants prior to issuance of a building permit, which assure that appropriate programs are implemented for the duration of the parking reduction.

g. Development Standards For off-Street Parking Facilities.

a. LAYOUT DESIGN STANDARDS. All parking areas shall be designed as follows:

1. Location of Parking Areas. No parking space shall be located within three feet of any property line. No parking space located on driveways providing direct access to a street shall be located closer than 30 feet from the property line at the right-of-way.

2. Parking Space and Driveway Specifications. The location and dimensions of parking spaces and aisles adjacent to parking spaces shall be arranged in accordance with the following exhibit entitled Riverside County Minimum Parking Standards, and the following tables entitled "Dimensions of Parking Spaces and Aisles" and "Dimensions of Driveways."

DIMENSIONS OF PARKING/STACKING SPACES AND AISLES

ANGLE OF PARKING SPACE	SIZE	AISLE WIDTH	WIDTH OF DOUBLE ROW AND AISLE
PARKING SPACES:
0 degree (parallel parking)	9 ft. x 23 ft.; end stall: 9 ft. x 30 ft.	12 feet	30 feet
45 degrees	9 ft. x 19 ft.; end stall: 12.8 ft x 19 ft.	14 feet	52 feet
60 degrees	9 ft. x 20 ft.; end stall: 10 ft. x 20 ft.	18 feet	58 feet
90 degrees	9 ft. x 18 ft.; end stall: 11 ft. x 18 ft	24 feet	60 feet
Herringbone	9 ft. x 18 ft.	14 feet	between 45.6 feet & 48.8 feet
STACKING SPACES:
N/A	25 ft. in length per vehicle	12 feet	N/A

NOTES: Parking spaces next to a wall, building, fence or other obstructions shall be three feet wider than the required width as listed above.

Up to 20 percent of the total required parking may be sized for compact cars. Compact car parking spaces shall be clearly marked "COMPACT CARS ONLY." Compact car parking spaces may be reduced (from the dimensions listed in the table) in width by no more than one-half foot, and in length by no more than two feet. When an entire section of the parking area is restricted to compact car parking, and the parking spaces are at a 90 degree angle to the aisle, the aisle width may be reduced to 23 feet. Compact car parking sections shall be located so as to minimize the distance between them and the uses to be served.

DIMENSIONS OF DRIVEWAYS

TYPE OF USE	MINIMUM WIDTH OF DRIVEWAY
One-family and two-family dwellings	12 feet
Multiple family or apartment complexes: less than 100 units (Carports or garages may be allowed on one side.)	24 feet
100 to 300 units (Carports or garages may be allowed on both sides.)	28 feet
more than 300 units (Carports or garages may be allowed on both sides.)	34 feet
Commercial/Industrial (The driveway shall have a vertical clearance of 13 feet and six inches.)	24 feet

NOTES: All driveways located within a road right-of-way shall be approved according to County Ordinance No. 461 (County of Riverside Road Improvement Standards and Specifications) or as approved by the County Transportation Director.

Where parallel parking is allowed, the minimum width shall be increased by eight feet for parking on one side and by 16 feet for parking on both sides.

Stub streets in excess of 150 feet shall have a minimum 45 foot radius turnaround at the end, or as otherwise approved by the County Fire Department.

3) Surfacing Standards for Parking Areas. The following standards shall apply to the development of all off-street parking facilities, including driveways, whether the space is required or optional.

SURFACING STANDARDS

TYPE OF USE	SURFACING MATERIALS
One and two family residences less than 2 acre parcel equal to or greater than 2 acre parcel	concrete, asphaltic concrete, brick or equivalent at least three inches of decomposed granite or equivalent
Multiple family residences	concrete, asphaltic concrete, brick or equivalent driveways with an inverted section shall be constructed with a concrete ribbon gutter
All other uses At least 25 percent of the total street frontage within 660 feet from the boundaries of the proposed use, including both directions from the property and both sides of the street, is in commercial, industrial, residential use or other developed use. Where the proposed use would front on two or more streets, this provision refers to the street with the greater general plan designation or right-of-way requirement. Other cases where the aforementioned circumstances do not apply or as determined by the Planning Director.	concrete surfacing with a minimum thickness of 32 inches, with expansion joints; or asphaltic concrete paving compacted to a minimum thickness of three inches on four inches of Class 2 base a base of decomposed granite or equivalent compacted to a minimum thickness of three inches to act as an all weather surfacing material

4) Off-Street Parking Area Striping.

a) If five or more parking spaces are provided, each space shall be clearly marked with white paint or other easily distinguishable material.

b) If ten or more parking spaces are provided, and one-way aisles are used, directional signs or arrows painted on the surface shall be used to properly direct traffic.

5) Drainage. All parking areas, including driveways, shall be graded to prevent ponding and to minimize drainage runoff from entering adjoining properties.

6) Curbs, Bumpers, Wheel Stops or Similar Devices. Public parking areas shall be equipped with permanent curbs, bumpers, wheel stops or similar devices so that parked vehicles do not overhang required walkways, planters or landscaped areas.

a) If the method used is designed to stop the wheel rather than the bumper of the vehicle, the stopping edge shall be placed no closer than two feet from the edge of any required walkway, planter or landscaped area, or from any building.

b) The innermost two feet of each parking space, between the wheel stop or other barrier, and any required planter or walkway, may either:

(1) be paved; or,

(2) be planted with low ground cover.

This additional planting area is considered part of the parking space and may not be counted toward satisfying any landscaping requirement(s).

7) Lighting.

a) Parking area lighting is not required. However, if parking areas are lighted, such lighting facilities shall be located to prevent lights from shining directly onto adjoining properties or streets.

b) Parking area lighting shall be of an energy-efficient type. However, when such lighting is located within 30 miles of the Mt. Palomar Observatory, low-pressure sodium lamps shall be used. These shall be oriented and shielded to prevent direct illumination above the horizontal plane passing through the luminaire.

8) Walls. All paved parking areas, other than those required for single family residential uses, which adjoin property zoned R-1, R-1A, R-2, R-2A, R-3, R-3A, R-4, R-5, R-6, R-A, R-R or R-T, shall have a six-foot high solid masonry wall provided with an anti-graffiti coating installed to preclude a view of the parking area from such adjoining property. However, any walls within ten feet of any street or alley shall be 30 inches high.

b. LOADING SPACE REQUIREMENTS.

(1) On each lot used for manufacturing, storage, warehousing, goods display, a department store, a wholesale store, a market, a hotel, a hospital, a laundry, dry cleaning or other uses which involve the receipt or distribution by vehicles of materials or merchandise, there shall be provided and maintained adequate loading space for delivery vehicle stacking, and for loading activities. The loading space and delivery vehicle stacking area shall be located and designed so as to avoid undue interference with the public use of streets and alleys.

(2) Each required loading space shall be paved with six inches of concrete over a suitable base and shall not be less than ten feet wide, 35 feet long and 14 feet high.

(3) The minimum number of loading spaces indicated in the following table shall be provided:

MINIMUM NUMBER OF LOADING SPACES

Gross Floor Area (Square Feet)	Number of Loading Spaces
7,499 or less	0
7,500 to 14,999	1
15,000 to 24,999	2
25,000 to 39,999	3
40,000 to 59,999	4
60,000 to 79,999	5
80,000 to 100,000	6
For each additional 100,000	6 plus 1

c. PARKING FOR PERSONS WITH DISABILITIES.

(1) Parking spaces shall be provided for access by persons with disabilities in accordance with the number indicated by the following table. These numbers are based on the total number of parking spaces required, given the intended use of the site.

TABLE OF NUMBER ACCESSIBLE PARKING SPACES FOR PERSONS WITH DISABILITIES

Total Number of Parking Spaces Required	Minimum Number of Spaces Required for Accessible Parking
2 to 25	1
26 to 50	2
51 to 75	3
76 to 100	4
101 to 150	5
151 to 200	6
201 to 300	7
301 to 400	8
401 to 500	9
501 to 1,000	two percent of total number of required parking spaces
over 1,000	20 plus one for each 100, or fraction thereof over 1001

NOTES: A higher percentage of accessible parking spaces is required for medical care outpatient facilities as follows:

Ten percent of the total number of parking spaces provided for outpatient facilities.

Twenty percent of total numbers of parking spaces provided for facilities that specialize in treatment or services for persons with mobility impairments.

(2) Accessible parking spaces shall be located so as to provide for safety and optimum proximity to curb ramps or other pedestrian ways thereby, providing the most direct access to the primary entrance of the building served by the parking lot.

(3) For a single accessible space, the space shall be 14 feet wide and outlined to provide a nine foot wide parking space and a five foot wide loading/unloading area.

(4) For multiple accessible spaces, two spaces shall be provided within a 23 foot wide area outlined to provide a five foot wide loading/unloading area between the nine foot wide parking spaces.

(5) Each loading/unloading area for a van accessible space shall be eight feet wide with a minimum length of 18 feet.

(6) A minimum of one in every eight accessible parking spaces shall be served by an access aisle with a minimum width of eight feet.

a) The parking space shall be designated van accessible.

b) All such van accessible parking spaces may be grouped on one level of a parking structure.

(7) In each parking space, a wheel stop or curb shall be provided and located to prevent encroachment of cars over the walkways.

(8) The parking spaces shall be located so that persons with disabilities are not compelled to wheel or walk behind parked cars other than their own.

(9) Pedestrian ways which are accessible for persons with disabilities shall be provided from each such parking space to the related facilities and shall include curb cuts or ramps as needed.

a) Ramps shall not encroach into any parking space. However, ramps located at the front of accessible parking spaces may encroach into the length of such spaces when the encroachment does not limit the ability of persons with disabilities to leave or enter their vehicles, and when it is determined that compliance with any regulation of this subsection would create an unreasonable hardship.

b) Parking spaces may be provided which would require persons with disabilities to wheel or walk behind parking spaces that are not designed for accessibility when it is determined that compliance with the accessible parking regulations would create an unreasonable hardship.

(10) Surface slopes for accessible parking spaces shall be the minimum possible, and shall not exceed one-fourth inch per foot (2.083 percent gradient) in any direction.

(11) Each accessible parking space shall be identified by a permanently affixed reflectorized sign displaying the international symbol of accessibility.

a) The sign shall be posted immediately adjacent to and visible from each accessible parking space.

b) The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade; or,

c) The sign may be centered on the wall of the interior end of the accessible parking space at a minimum height of three feet from the parking space finished grade or walkway.

(12) An additional sign shall be posted in a conspicuous place, at each entrance to the off-street parking facilities. The sign shall not be less than 17 inches by 22 inches in size with lettering not less than one inch in height, which clearly and conspicuously states the following:

"Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed at or by telephoning ."

(13) The surface of each accessible parking space shall have a surface identification duplicating the symbol of accessibility in blue paint of at least three square feet in size.

(14) For additional accessible parking and site development standards, reference the California Code of Regulations, Title 24.

d. BICYCLE PARKING FACILITIES.

(1) Bicycle Parking Facility Classifications. Bicycle parking facilities shall be classified as follows:

a) Class I, an enclosed box with a locking door, typically called a bicycle locker, where a single bicyclist has access to a bicycle storage compartment.

b) Class II, a stationary bicycle rack designed to secure the frame and both wheels of the bicycle, where the bicyclist supplies only a padlock.

c) Class III, a stationary bicycle rack, typically a cement slab or vertical metal bar, where the bicyclist supplies a padlock and chain or cable to secure the bicycle to the stationary object.

(2) Bicycle Parking Requirements.

a) Minimum Bicycle Parking Facilities. The minimum bicycle parking shall be provided as follows:

BICYCLE SPACES FOR BICYCLE PARKING FACILITY CLASS

Facility Class	INDUSTRIAL	RESTAURANTS, AND COCKTAIL LOUNGES	COMMERCIAL, OFFICE, AND SERVICE USES NOT OTHERWISE LISTED
EMPLOYEES	One bicycle space for every 25 parking spaces required. A minimum of two bicycle spaces required. Class I lockers or Class II racks in an enclosed lockable area.	One bicycle space for every 50 parking spaces required. A minimum of two bicycle spaces required. Class I lockers or Class II racks in an enclosed lockable area.	One bicycle space for every 25 parking spaces required. A minimum of two bicycle spaces required. Class I lockers or Class II racks in an enclosed lockable area.
PATRONS OR VISITORS	Number of bicycle spaces required: 0 Type of lockers/racks: N/A	Number of bicycle spaces required: 0 Type of locker/ racks: N/A	One bicycle space for every 33 parking spaces required. A minimum of two bicycle spaces required. Type of locker/ racks: Class II racks.

NOTES: Where the application of the above table results in the requirement for a fraction of a bicycle parking space, such a space need not be provided unless the fraction exceeds 50 percent.

Where the application of the above table results in the requirement of fewer than six employee spaces, Class II racks need not be placed within an enclosed lockable area.

b) Design Standards. Bicycle parking facilities shall be installed in a manner which allows adequate spacing for access to the bicycle and the locking device when the facilities are occupied. General space allowances shall include a two foot width and a six foot length per bicycle and a five foot wide maneuvering space behind the bicycle. The facilities shall be located on a hard, dust-free surface, preferably asphalt or concrete.

c) Exemptions. Requests for exemptions from bicycle parking requirements shall be made in writing to the Planning Director.

1. Exemptions from bicycle parking requirements shall be submitted and processed concurrently with the project application.

2. Exemptions may be granted depending upon the location of the site with respect to an urbanized area, the nature and hours of operation of the proposed use, and the accessibility of the site by bicycle at present and in the future.

b. LANDSCAPING, GENERAL PROVISIONS.

(1) APPLICATION REQUIREMENTS. A landscaping plan, landscaping grading plan, irrigation plan and shading plan shall be required for all plot plans, conditional use permits, public use permits, surface mining permits, subdivisions, and any other permit when the Planning Director deems it necessary.

a) The landscaping plan, landscaping grading plan, irrigation plan and shading plan shall be submitted under one application consistent with the provisions of Section 18.30 (Classification of Plot Plans) of this ordinance.

b) The landscaping plan, landscaping grading plan, irrigation plan and shading plan may be submitted on four separate exhibits or may be combined on one to three exhibits, provided that the information required to be displayed for each plan is legible and clearly discernible.

c) No less than the number of copies as determined by the Planning Director of the landscaping plan, landscaping grading plan, irrigation plan and shading plan shall be submitted for approval by the Planning Director.

d) All landscaping shall comply with Section 19.300 of this ordinance in regard to water-efficient landscaping.

e) All plans shall show the following information:

1. The first sheet of a multiple sheet set shall contain a title block with the name and address of the project, sheet number, and numbers of sheets and a revision block to indicate date and type of revisions.

2. Each sheet shall show the required technical data, including scale of drawing, North arrow, date drawn, and dates of revisions (if applicable), all property lines and project limits, if other than property limits, all easements, fences, walls, curbs, roads, walks, structures, mounds, swales, manholes, banks, and all plant and landscaping materials, grading, irrigation and other exterior elements proposed. A legend shall also be included for each symbol used.

(2) LANDSCAPING PLAN REQUIREMENTS.

a) The location of all existing landscaping materials, and where proposed landscaping material is to be placed shall be shown. Existing trees shall be preserved whenever it is practical to do so, and shall be shown on the landscaping plan. Any existing trees to be removed pursuant to County Ordinance No. 559 shall also be shown on the landscaping plan.

b) The quantities, sizes and locations of all trees, shrubs and ground cover, hydroseed and wildflower mixtures, etc. shall be indicated. Trees shall be a minimum 15 gallon size. Shrubs shall be a minimum five gallon size; however, the use of smaller plants may be approved for areas where color or growth habits make it suitable.

c) All trees and shrubs shall be drawn to reflect the average specimen size at 15 years of age. Trees shall be drawn to size as indicated on the shade tree list as provided in the "Riverside County Guide to Trees, Shrubs and Ground Covers".

d) All plants shall be listed by correct botanical name and common name.

e) The soil surface of all planters shall be shown planted or covered with suitable material.

f) Lawns shall be indicated by common name of species and method of installation (seeding, hydromulching or sodding).

g) Proposed treatment of all ground surfaces, including paving, turf, and gravel.

h) Planting details and methods of application shall be shown.

i)Complete construction detail referencing (fencing, walls, etc.) shall be indicated.

(3) LANDSCAPING GRADING PLAN REQUIREMENTS. The grading plan shall show the drainage of all planting areas and the heights of mounds. Mounds shall not exceed 3:1 slope, and no mound over 30 inches high shall be placed within ten feet of any street and/or alley intersections.

(4) IRRIGATION PLAN REQUIREMENTS. An irrigation plan shall show the following:

a) Locations of all irrigation components, such as sprinkler heads, valves, pipes, backflow prevention devices and water taps, and if applicable, automatic controllers, quick couplers, hose bibs and washer boxes.

b) Proposed radius or diameter of throw (sprinkler coverage) at a stated pressure (P.S.I.) for each sprinkler head.

c) Worst case irrigation system pressure loss calculations.

d) Static water pressure PSI (pounds per square inch), available GPM (gallons per minute), water pressure zone, agency reading locations and source of information for each one.

e) County required water budget calculations based on the "Riverside County Guide to Trees, Shrubs and Ground Covers".

(5) SHADING PLAN REQUIREMENTS.

a) Parking area landscaping shall include shade trees from the "Riverside County Guide to Trees, Shrubs and Ground Covers", unless otherwise approved by the Planning Director, so as to provide for adequate shade canopies within 15 years of age as follows:

PERCENTAGE OF TOTAL PARKING AREA REQUIRED TO BE SHADED

NUMBER OF PARKING SPACES	PERCENTAGE OF PARKING AREA TO BE SHADED
05 - 24 spaces	30% minimum
25 - 49 spaces	40% minimum
50+ spaces	50% minimum

NOTE: The percentage of parking area required to be shaded shall be based on the number of uncovered parking spaces; driveways and aisles are excluded. Multi-level parking structures are exempt from shading requirements.

b) Trees shall be a minimum 15 gallon size at planting.

c) Trees shall be planted and maintained throughout the parking area to ensure that within 15 years, the percentage of the parking area that is shaded is no less than the minimum amount required by the table entitled "Percentage of Total Parking Area Required to be Shaded". The parking area shading plan shall be developed in compliance with a landscaping plan. Each planting area shall be of adequate size for the landscaping approved and shall have adequate irrigation for that landscaping.

(6) LANDSCAPING DESIGN STANDARDS. Landscaping shall be incorporated into the design of all off-street parking areas, including covered and decked, as follows:

a) GENERAL LANDSCAPING PROVISIONS.

1. These provisions apply to:

a. Landscaping throughout and immediately surrounding parking areas; and,

b. Additional landscaping as required by a zone classification.

2. Landscaped areas shall be distributed throughout the entire off-street parking area as evenly as is appropriate in the design of the parking facility.

3. Nothing in this section shall preclude the installation of additional landscaping and the planting of additional trees so long as such planting is consistent with visibility regulations.

4. Any open areas in the interior shall be landscaped with appropriate plant materials and maintained in good condition as provided in this article.

5. All landscaped areas shall be designed so that plant materials are protected from vehicle damage, encroachment or overhang.

6. All trees shall be double-staked and secured with a rubber or plastic strip, or other commercial tie material. Wire ties shall not be used.

7. No trees shall be planted within ten feet of driveways, alleys and/or street intersections.

8. All landscaping shall be within planters bounded by a curb at least six inches high.

9. A six inch high curb with a 12 inch wide concrete walkway shall be constructed along planters on end stalls adjacent to vehicle parking spaces.

10. In urban areas, all parking areas shall be screened from view along the entire perimeter of the parking lot by the construction of either a three foot high and three foot wide earthen berm, or a three foot wide planter with shrubbery that can be maintained at a height of three feet. When the parking area is adjacent to a public road right-of-way, the berm or planter shall be five feet in width.

11. In addition to the perimeter landscaping required by this article, parking areas of five spaces or more shall be required to provide additional landscaped areas within the parking area. A minimum percentage of the total parking area shall be landscaped as follows:

MINIMUM PERCENTAGE OF TOTAL INTERIOR PARKING AREA TO BE LANDSCAPED

PARKING SPACES REQUIRED	5-24 SPACES	25-49 SPACES	50 + SPACES
PERCENTAGE TO BE LANDSCAPED	5.0 %	7.5 %	10.0 %
PERCENTAGE TO BE LANDSCAPED - ALONG STATE AND COUNTY SCENIC HIGHWAYS	6.0 %	8.5 %	11.0 %

12. At the discretion of the appropriate authority, a barrier free, four foot wide paved walkway may be provided through the required planter at street and driveway intersections to provide unencumbered access for persons with disabilities from the sidewalk to the parking lot.

a. Such a walkway shall be located so as to facilitate the most direct movement of persons using sidewalk curb ramps, if provided.

b. Bus shelters may be located within this planter if approved by the Planning Director. Such shelters shall not be placed so as to reduce the number of trees which are otherwise required by this article.

b) GENERAL PLANTER PROVISIONS. Planters containing organic landscaping shall be provided adjacent to and within parking areas. The dimensions of a planter refer only to that which is plantable area.

1. No planter shall be smaller than 25 square feet.

2. Each planter shall include an irrigation system.

3. The planter shall include shrubs, hedges, and other natural growth or other features such as berms, designed to form a partial visual screen at least three feet in height, except within ten feet of street and driveway intersections where landscaping shall not be permitted to grow higher than three feet.

4. A planter at least five feet wide shall be provided adjacent to all public road right-of-ways. Any area within the road right-of-way between the edge of the walkway and outer edge of the right-of-way shall also be developed as a landscaped area in conjunction with the required planter, unless this requirement is waived by the Planning Director.

5. A planter at least five feet wide shall be provided adjacent to properties used for residential purposes and/or zoned R-1, R-2, R-2A, R-3, R-3A, R-4, R-6, R-A, R-R or R-T. Within this planter, one screen tree from the "Riverside County Guide to Trees, Shrubs and Ground Covers" shall be planted at an average distance apart of at least every 25 feet on center in combination with other plants to provide a dense visual screen.

6. A planter at least eight feet wide shall be located at least 45 feet apart for every 150 feet of frontage along a public road right-of-way. Within this planter, trees from the "Riverside County Guide to Trees, Shrubs and Ground Covers" shall be planted no further apart than 25 feet on center, and at least five feet, but not further than ten feet, from the back of the walkway.

7. All planters located adjacent to end parking spaces shall have a six inch high and 12 inch wide concrete walkway.

c) GENERAL PLANT MATERIALS PROVISIONS.

1. Existing mature trees on the site shall be preserved whenever it is practical to do so.

2. All plant materials shall be maintained free from physical damage or injury arising from lack of water, chemical damage, insects, and diseases. Plant materials showing such damage shall be replaced by the same or similar species.

3. Planting areas shall be kept free from weeds, debris, and undesirable materials which may be detrimental to public safety, drainage, or site appearance.

4. Drought tolerant species and native species are to be used to the maximum extend possible over non-drought tolerant and non-native species.

a) The quantity and extent of drought tolerant species shall be dependent on the climatic zone of the project.

b) Landscaping may include natural features such as rock and stone, non-drought tolerant plants and structural features such as fountains, reflecting pools, art work, screens, wall and fences.

5. Plant materials shall be grouped together in regards to water and soil requirements. In order to conserve water, alternative types of low volume irrigation concepts may be used, including, but not limited to, drip/trickle, rotary spray, mini-spray, bubbler, and perforated soaker tubing.

d) GENERAL IRRIGATION PROVISIONS.

1. An automatic irrigation system for all planted areas shall be required.

a) The layout of the system should consider meter water pressure, pipe size and length, and type of heads (sprinkler, bubbler or rainbird).

b) Hose bibs shall be located in each tree well site as may be considered adequate for irrigation of said trees.

2. Sprinkler spacing shall not exceed the manufacturer's recommended spacing or, if no spacing is recommended, spacing shall not exceed 60 percent of the diameter of throw (sprinkler coverage).

3. No sprinklers on risers shall be installed next to walks, streets and/or pavement. Sprinklers in hazardous locations shall be flush mounted on high pop models only.

4. Backflow prevention devices for sprinklers shall comply with the latest edition of the Uniform Plumbing Code as adopted by the County.

(7) REQUESTS FOR MODIFICATIONS FROM LANDSCAPING STANDARDS. The Planning Director may, without notice or hearing, permit modifications to the landscaping requirements where topographic or other physical conditions make it impractical to require strict compliance with these requirements.

(8) ENFORCEMENT OF LANDSCAPING DESIGN STANDARDS.

a) Prior to the issuance of a final building occupancy certificate, all required landscape planting and irrigation shall have been installed and be in a condition acceptable to the Planning Director.

1. The plants shall be healthy and free of weeds, disease or pests.

2. The irrigation system shall be properly constructed and in good working order.

b) Prior to the issuance of a building permit, performance securities in an amount to be determined by the Building and Safety Director shall be filed with said director, so as to guarantee:

1. the installation of plantings, walls, and fences in accordance with the approved landscaping plan when the total uncovered parking area on the property, including adjoining parcels over which the property has a shared parking agreement, and/or any other parking agreement exceeds 3,600 square feet; and,

2. the adequate maintenance of the planting for one year.

c) The Building and Safety Director shall be authorized to execute, on behalf of the County, the required agreements and bonds and those forms and terms approved by the Board of Supervisors.

1. Acceptable forms of security shall be limited to the following:

a. A bond from a duly authorized corporate surety,

b. A deposit of cash with the County,

c. An irrevocable instrument of credit from a regulated financial institution; or,

d. An irrevocable letter of credit issued by a regulated financial institution, provided that a cash bond is required to guarantee the installation of plantings, walls and fences when the estimated cost is equal to or less than the cost determined by the County Building and Safety Department. The remaining performance surety shall be released one year after installation is approved, provided that the planting has been adequately maintained.

Amended Effective:
05-29-84 (Ord. 348.2341)
05-29-84 (Ord. 348.2342)
12-12-85 (Ord. 348.2533)
08-28-86 (Ord. 348.2612)
06-30-88 (Ord. 348.2856)
06-06-89 (Ord. 348.3032)
06-06-89 (Ord. 348.3032)
06-06-89 (Ord. 348.3032)
07-04-96 (Ord. 348.3773)
07-04-96 (Ord. 348.3773)

SECTION 18.13 is repealed 07-04-96.

Amended Effective:
11-12-85 (Ord. 348.2533)

SECTION 18.14. SALE OF A PORTION OF A LOT. Where a lot is divided into separate ownerships and the area of either portion is such that the number and location of the buildings thereon no longer conform to the lot area requirements of the particular zone, then in the determination of the permissible number and location of any buildings on either portion of the lot, both parts shall be considered as one parcel only.

SECTION 18.15. YARD REQUIREMENTS. No required yard or other open space around an existing building, or any building hereafter erected, shall be considered as providing a yard or open space for any other building on an adjoining lot or building site, except in the case of zero lot line residential projects pursuant to an overall development.

Amended Effective:
06-28-84 (Ord. 348.2342)

SECTION 18.16. TRANSFERAL OF RESIDENTIAL REQUIREMENTS. Where a building for dwelling purposes is erected on a lot in a zone other than the zone in which such building for dwelling purposes is first ordinarily or primarily permitted by this ordinance, such lot shall be subject to the same requirements for yards, minimum lot area and percentage of lot coverage as are specified in this ordinance for a lot in the zone in which such building for dwelling purposes is first ordinarily or primarily permitted. This general provision shall prevail over any specific setback stated in the C-1/C-P, M-SC, A-1, A-2 Zones.

SECTION 18.17. ACCESSORY USES. The express enumeration of permitted uses in all districts shall be construed to include accessory uses. Detached accessory buildings shall be subject to the requirements of Section 18.18

Amended Effective:
03-27-2008 (Ord. 348.4481)

SECTION 18.18. DETACHED ACCESSORY BUILDINGS.

a. INTENT. The Board of Supervisors has adopted the following provisions to establish minimum development requirements for the erection of detached accessory buildings in the unincorporated areas of Riverside County. These requirements are intended to provide for the appropriate construction of detached accessory buildings, enhance the aesthetic appearance of the community, preserve property values and protect the public health, safety and welfare.

b. DEVELOPMENT STANDARDS. Detached accessory buildings shall be permitted in all zones subject to the following requirements. These requirements are in addition to the requirements of the applicable zone.

(1) Where a rear yard is required by this ordinance, a detached accessory building may occupy not more than one-half of the required rear yard.

(2) No detached accessory building shall be within five feet of the front half of an adjacent lot. For the purpose of this regulation a depth of not more than 75 feet shall be deemed to be such front half of such adjacent lot.

(3) Where the average slope of the front half of the lot is greater than one foot rise or fall in a seven foot run from the established street elevation at the property line, or where the front half of the lot is more than four feet above or below such established street elevation, a private garage may be built to the street and side lines.

(4) In the case of an interior lot, no detached accessory building shall be erected so as to encroach upon the front half of the lot, provided, however, such accessory building need not be more than 75 feet from the street line.

(5) In the case of a corner lot abutting upon more than two streets, no detached accessory building shall be nearer any street line than one-fifth of the width or length of the lot.

(6) In the case of through lots, no detached accessory building shall encroach upon the required front yard on either street.

(7) In mountain resort areas at altitudes above 4000 feet a private garage in any residential zone or on premises used for residential purposes may be constructed to the same building setback line as is required for a dwelling on the same premises.

(8) No detached accessory building shall be nearer than ten feet to the main building.

(9) For parcels two acres or smaller located in any residential zone or where a dwelling is the principal use, the minimum setback from a side property line shall be five feet and the minimum setback from a rear property line shall be ten feet; provided, however, that where the applicable zone provides for a greater side or rear yard setback, such greater setback shall apply. For parcels larger than two acres located in any residential zone or where a dwelling is the principal use, the minimum setback from a side property line and from a rear property line shall be ten feet; provided, however, that where the applicable zone provides for a greater side or rear yard setback, such greater setback shall apply.

(10) Notwithstanding the height limitations of any zone, the height limit on any parcel in any residential zone or on any parcel where a dwelling is the principal use shall be twenty feet for parcels two acres or smaller and thirty-five feet for parcels larger than two acres.

(11) In any residential zone or where a dwelling is the principal use, bare metal buildings (metal buildings without paint or exterior architectural coatings or treatments), shall not be located on a parcel one acre or smaller. This prohibition shall not apply to single-story garden sheds, playhouses or similar buildings of 120 square feet or less.

c. PERMIT REQUIREMENT. In any residential zone or where the principal use of a lot is a dwelling, the approval of a plot plan pursuant to Section 18.30 of this ordinance shall be required for either: (1) a detached accessory building with a floor area of 651 square feet or more; or (2) a detached accessory building with a floor area of 120 square feet or more on a lot which already has one or more existing or approved detached accessory buildings with a floor area of 120 square feet or more. Notwithstanding the above, the approval of a plot plan shall not be required for a detached accessory building with a floor area of less than 1,201 square feet if the detached accessory building is located on a lot larger than one acre, is setback from all lot lines a minimum of 50 feet, and there are no other detached accessory buildings with a floor area of 120 square feet or more already approved or existing on the lot. All plot plans required pursuant to this subsection shall be subject to the hearing requirements of Section 18.30 d.(2). In addition to all other requirements, a plot plan for a detached accessory building located less than 30 feet from the main building may be approved only if it is found that the detached accessory building is compatible with the architecture of the main building and consistent with the character of the surrounding neighborhood. In addition to all other requirements, a plot plan for a detached accessory building located 30 feet or more from the main building may be approved only if it is found that the detached accessory building is consistent with the character of the surrounding neighborhood.

d. EXCEPTIONS.

(1) This section shall not apply in the A-P, A-2 or A-D zones.

(2) The provisions of subsections b.(9), b.(10), b.(11) and c. of this Section 18.18 shall not apply to any detached accessory building for which a building permit was issued prior to the effective date of Ordinance No. 348.4481 (March 27, 2008).

Amended Effective:
07-31-1984 (Ord. 348.2358)
03-27-2008 (Ord. 348.4481)
08-20-2009 (Ord. 348.4647)

SECTION 18.19. YARD ENCROACHMENTS. Where yards are required by this ordinance, they shall be open and unobstructed from the ground to the sky and kept free of all structural encroachments, except as follows:

a. Outside stairways or landing places, if unroofed and unenclosed, may extend into a required side yard for a distance of not to exceed three feet and/or into the required rear yard a distance of not to exceed five feet.

b. Cornices, canopies, and other similar architectural features not providing additional floor space within the building may extend into a required yard not to exceed one foot. Eaves may extend three feet into a required yard. One pergola or one covered but unenclosed passenger landing may extend into either side yard provided it does not reduce the side yard below five feet and its depth does not exceed 20 feet.

Amended Effective:
08-29-85 Ord. 348.2510

SECTION 18.20. HEIGHT EXCEPTIONS.

a. Public or semipublic buildings in the R-1 and R-2 Zones may be erected to a height not exceeding four stories or 60 feet when the required yards are increased by an additional two feet for each foot by which the height exceeds 35 feet.

b. Structures necessary for the maintenance and operation of a building and flagpoles, wireless masts, chimneys or similar structures may exceed the prescribed height limits where such structures do not provide additional floor space.

SECTION 18.21. THROUGH LOTS, REGULATIONS. On through lots, either lot line separating such lot from a street may be designated as the front lot line. In such cases, the minimum rear yard shall not be less than a required front yard in the zone in which such lot is located.

Amended Effective:
05-29-84 (Ord. 348.2342)

SECTION 18.22. LOTS RECORDED. Any lot shown upon an official subdivision map or record of survey map duly approved and recorded or any lot for which a bona fide deed has been used as a building site, provided the required yard setbacks are maintained.

SECTION 18.23. ANIMAL MATURITY. Whenever any section of this ordinance requires a determination as to the maturity of animals, the following periods of time shall be used to establish the age of maturity:

Classification Age of Maturity

1. Birds and Poultry: 6 months

2. Cattle: 18 months

3. Crowing Fowl: 2 months

4. Goats: 9 months

5. Horses: 24 months

6. Pigs: 8 months

7. Sheep: 9 months

8. Other small farm animals: 6 months

SECTION 18.24. WATER WORK FACILITIES. Water works facilities, both public and private, intended primarily for the production an distribution of water for irrigation purposes, shall not be subject to any of the provisions of this ordinance.

SECTION 18.25. SWIMMING POOLS. Swimming pools may be constructed as follows:

a. Private swimming pools for the use of the occupants of the premises and their nonpaying guests shall be located not nearer than five feet to any property line or dwelling;

b. All other swimming pools shall be located not nearer than ten feet from any property line or building;

c. A swimming pool may be constructed contrary to Subsection a. above when it lies partially within and partially without a dwelling which conforms with all other provisions of this ordinance.

SECTION 18.26. PERMIT APPLICATIONS. The following procedures shall apply to applications for any permit or variance described herein unless otherwise specified.

Amended Effective:
09-08-95 (Ord. 348.3727)
04-19-95 (Ord. 348.3770)

a. APPLICATIONS. Permit applications shall be filed with the Planning Director, accompanied by the fees as set forth in County Ordinance No. 671, in accordance with the provisions of the ordinance for the type of permit requested.

b. SETTING HEARING. A public hearing upon an application shall be set before the appropriate hearing body when:

(1) The Planning Director has determined that the application complies with all ordinance requirements and,

(2) All procedures required by Riverside County Rules Implementing the California Environmental Quality Act to hear a matter have been completed.

c. NOTICE OF HEARING. Notice of time, date and place of the hearing, the identity of the hearing body and a general description of the location of the real property, which is the subject of the hearing, shall be given at least ten days prior to the hearing by all of the following procedures:

(1) Publication once in a newspaper of general circulation in the County.

(2) Mailing or delivering to the owner of the subject real property or the owner's duly authorized agent, and to the project applicant.

(5) Mailing by first class mail to any person who has filed a written request with the Planning Department and has provided the Department with a self-addressed stamped envelope for that purpose.

(7) The Planning Director may required that additional notice of the hearing be given in any other manner he deems necessary or desirable.

d. ADMINISTRATION OF OATHS. The Chairman may require that witnesses be sworn.

e. HEARING AND NOTICE OF DECISION. The hearing body shall hear relevant testimony from interested persons and make its decision within a reasonable time after the close of the public hearing. Notice of the decision shall be filed by the Planning Director with the Clerk of the Board of Supervisors, together with a report of the proceedings, not more than 15 days after the decision. A copy of the notice of decision shall be mailed to the applicant and to any person who has made a written request for a copy of the decision. If the hearing body is unable to make a decision, that fact shall be filed with the with the Clerk of the Board in the same manner for reporting decisions and shall be considered as a notice of denial of the application by the hearing body. The Clerk of the Board shall place the notice of the decision on the next agenda of the Board of Supervisors held five or more days after the Clerk receives the notice from the Planning Director.

f. PROCEEDING BEFORE THE BOARD OF SUPERVISORS. The decision of the hearing body is considered final and no action by the Board of Supervisors is required unless, within ten days after the notice of decision appears on the Board's agenda, the applicant or an interested person files an appeal, accompanied by the fee set forth in County Ordinance No. 671, with the Clerk of the Board or unless the Board assumes jurisdiction by ordering the matter set for public hearing. If a timely appeal is filed or the Board assumes jurisdiction, the Clerk of the Board shall set the matter for public hearing before the Board not less than 13 nor more than 60 days thereafter and shall give notice of the time and place of the hearing in the same manner as notice was given of the hearing before the hearing body.

g. HEARING BEFORE THE BOARD OF SUPERVISORS. The Board of Supervisors shall hear the matter de novo; however, the documents and the minutes of the hearing before the hearing body shall be a part of the Board's record at its hearing on the matter. The Board shall hear relevant testimony from interested persons and within a reasonable time after the close of the hearing, make its decision sustaining, reversing or modifying the decision of the hearing body.

h. TRANSCRIPTS.

(1) Whenever any person desires to obtain a transcript of the oral proceedings of a public hearing before the Board of Supervisors, Planning Commission or the East Area Planning Council, or desires to have a record made of such proceedings, he shall, not less than seven days before the hearing, notify in writing the Clerk of the Board, if the hearing is before the Board, or the Secretary of the Planning Commission if the hearing is before the Planning Commission or the East Area Planning Council. The written request shall be accompanied by a deposit of a sum equal to one day's fee for a Court Reporter. The Clerk or Secretary shall thereupon arrange to have a Court Reporter present at the hearing. If the hearing is thereafter continued to another day, a like request, deposit an arrangement for a Court Report shall be made, if the record is desired. Such a person may directly arrange for attendance and payment of a Court Reported instead of making such arrangements through the Clerk of Secretary by the person desiring the same.

(2) Whenever any person desires to obtain a Clerk's transcript of the documents involved in a proceeding before the Board of Supervisors, the Planning Commission or East Area Planning Council, he shall make a written request to the Clerk of the Board, if the matter is before the Board of Supervisors or to the Secretary of the Planning Commission, if the matter is before the Planning Commission, if the matter is before the Planning Commission or the East Area Planning Council. The Clerk or Secretary shall determine the number of pages involved and require payment in advance for the transcript at the current rate.

Amended Effective:
11-11-82 (Ord. 348.2104)
03-12-87 (Ord. 348.2670)
05-31-83 (Ord. 348.2156)
09-08-95 (Ord. 348.3727)
07-03-84 (Ord. 348.2338)
04-19-96 (Ord. 348.3770)
01-03-85 (Ord. 348.2430)

SECTION 18.26a. FAST TRACK PROJECT PROCEDURES. The following procedures shall apply to applications for any permit or approval included in a fast track project as defined in Section 21.34d of this ordinance.

a. AUTHORITY OF BOARD OF SUPERVISORS. Notwithstanding any other provision of this ordinance or of County Ordinance No. 460, the Board of Supervisors hereby deems it appropriate and necessary to reserve to itself the functions of the planning agency with respect to hearing any permit or approval included in a fast track project. The Board of Supervisors shall have exclusive authority to hear, approve, conditionally approve or disapprove any permit or approval included in a fast track project. Notwithstanding any other provision of this ordinance or of County Ordinance No. 460, no hearing before the Planning Commission or the Planning Director shall be required with respect to any permit or approval included in a fast track project.

b. APPLICATIONS. The application for each permit or approval included in a fast track project shall be filed with the Planning Director, shall include all information required by the applicable ordinance for the type of permit or approval, and shall be accompanied by the fees set forth in County Ordinance No. 671 for the type of permit or approval.

c. INITIATION OF GENERAL PLAN AMENDMENT PROCEEDINGS. Whenever a fast track project includes an application for a General Plan amendment, the Planning Director shall process the General Plan amendment application in accordance with all of the applicable procedures for the initiation of General Plan amendment proceedings set forth in Article 2 of this ordinance.

d. SETTING FOR HEARING. Unless otherwise ordered by the Board of Supervisors, the applications for all permits and approvals included in a fast track project shall be heard concurrently in a single consolidated hearing before the Board of Supervisors. The Planning Director shall set for hearing the applications for all permits and approvals included in a fast track project when he has determined that all such applications comply with all ordinance requirements.

e. NOTICE OF HEARING. The Board of Supervisors shall hold a public hearing on all applications for permits and approvals included in the fast track project. Notice of the hearing shall be given as provided in Section 1.6 and Section 1.7 of this ordinance.

f. ADMINISTRATION OF OATHS. The Chairman of the Board of Supervisors may require that witnesses at the public hearing be sworn.

g. HEARING AND DECISION. The Board of Supervisors shall hear relevant testimony from all interested persons and make its decision within a reasonable time after the close of the public hearing. The Board of Supervisors may approve, conditionally approve or disapprove each application for a permit or approval included in the fast track project. The decision with respect to each application for a permit or approval included in the fast track project shall be in the form required by ordinance for that type of permit or approval. Within ten business days of the decision, the Clerk of the Board of Supervisors shall prepare and transmit notice of the decision to the Planning Director, the Assistant County Executive Officer/Economic Development Agency (the EDA Director), the applicant, and any person who has submitted a written request for notice of the decision.

h. TRANSCRIPTS.

(1) Whenever any person desires to obtain a transcript of the oral proceedings of a public hearing before the Board of Supervisors or desires to have a record made of such proceedings, he shall, not less than seven days before the hearing, notify in writing the Clerk of the Board. The written request shall be accompanied by a deposit of a sum equal to one day's fee for a court reporter. The Clerk shall thereupon arrange to have a court reporter present at the hearing. If the hearing is thereafter continued to another day, a like request, deposit and arrangement for a court reporter shall be made, if the record is desired. Alternatively, any person may directly arrange for attendance and payment of a court reporter instead of making such arrangements through the Clerk.

(2) Whenever any person desires to obtain a transcript of the documents involved in a proceeding before the Board of Supervisors, he shall make a written request to the Clerk of the Board. The Clerk shall determine the number of pages involved and require payment in advance for the transcript at the current rate.

Amended Effective:
09-08-1995 (Ord. 348.3727)
04-19-1996 (Ord. 348.3770)
06-03-2010 (Ord. 348.4680)

SECTION 18.27. VARIANCES.

a. BASIS FOR VARIANCE. Variances from the terms of this ordinance may be granted when, because of special circumstances applicable to a parcel of property, including size, shape, topography, location or surroundings, the strict application of this ordinance deprives such property of privileges enjoyed by other property in the vicinity that is under the same zoning classification.

A variance shall not be granted for a parcel of property which authorizes a use or activity that is not otherwise expressly authorized by the zone regulation governing the parcel of property, but shall be limited to modifications of property development standards, such as lot size, lot coverage, yards, and parking and landscape requirements.

b. APPLICATION. Application for a variance shall be made in writing to the Planning Director on the forms provided by the Planning Department and shall be accompanied by the fees set forth in County Ordinance No. 671. If the use for which the variance is sought also requires approval of a conditional or public use permit pursuant to the land division ordinance, the two applications shall be filed concurrently.

(1) Applications for a variance that do not require an approval of a conditional or public use permit or land division ordinance approval shall supply the following information:

a) Name and address of the applicant.

b) Evidence of ownership of the premises or written permission of the owner to make the application.

c) A statement of the specific provisions of the ordinance for which the variance is requested and the variance that is requested.

d) A plot and development plan drawn in sufficient detail to clearly describe the following:

1. Physical dimensions of property and structures.

2. Location of existing and proposed structures.

3. Setbacks.

4. Methods of circulation.

5. Ingress and egress.

6.Utilization of property under the requested permit.

e)Such additional information as shall be required by the application form.

(2) Applications for a variance that also require approval of a permit or land division, shall be accepted for filing only if the principal application is accepted, and shall set for the specific provisions of the ordinance for which the variance is being requested.

(3) If the application for a variance is in connection with a land division pursuant to the land division ordinance, the application shall be construed to be a waiver of any shorter time limitations on processing both a variance and a land division; including time limitations on appeals of either application, so that both applications are processed in the public hearing held under Section 18.26 of this ordinance as one unit to final decision.

c. PUBLIC HEARING. A public hearing shall be held on all variance applications in accordance with the provisions of Section 18.26 of this ordinance, and all the procedural requirements and rights of appeal as set forth therein shall govern the hearing. All public hearings on variances which require approval of a permit or land division shall be heard by the hearing body which has jurisdiction of the principal application. All public hearings on variances which do not require approval of a permit or land division within the area of jurisdiction of the East Area Planning Council shall be heard by the Council, and all public hearings on variances which do not require approval of a permit or land division outside the area jurisdiction of the East Area Planning Council shall be heard by the Planning Commission.

d. CONDITIONS. Any variance granted shall be subject to such conditions as are necessary so that the adjustment does not constitute a grant of special privileges that is inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated, and which are necessary to protect the health, safety and general welfare of the community.

e. USE OF VARIANCE. Any variance that is granted shall be used within one year from the effective date thereof, or within such additional time as may be set in the conditions of approval, which shall not exceed a total of three years, except that a variance in connection with a land division may be used during the same period of time that the land division approval may be used; otherwise the variance shall be null and void. Notwithstanding the foregoing, if a variance is required to be used within less than three years, the permittee may, prior to its expiration, request an extension of time in which to use the variance. A request for extension of time shall be made to the Board of Supervisors, on forms provided by the Planning Department and shall be filed with the Planning Director, accompanied by a fee as set forth in County Ordinance No. 671. Within 30 days following the filing of a request for an extension, the Planning Director shall review the application, make a recommendation thereon, and forward the matter to the Clerk of the Board, who shall place the matter on the regular agenda of the Board. An extension of time may be granted by the Board upon a determination that valid reason exists for permittee not using the variance within the required period of time. If an extension is granted, the total time allowed for use of the variance shall not exceed a period of three years, calculated from the effective date of the issuance of the variance. The term "use" shall mean the beginning of substantial construction for which the variance has been granted, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under the terms of the authorized variance, or the recording of the final or parcel map in connection with an approved land division. The effective date of a variance shall be determined pursuant to Section 18.26 of this ordinance.

f. REVOCATION OF VARIANCE. Any variance granted may be revoked upon the findings and procedure contained in Section 18.31 of this ordinance.

Amended Effective:
08-28-86 (Ord. 348.2612)

SECTION 18.28. CONDITIONAL USE PERMITS. Whenever any section of this ordinance requires that a conditional use permit be granted prior to the establishment of a use, the following provisions shall take effect:

a. APPLICATION. Every application for a conditional use permit shall be made in writing to the Planning Director on the forms provided by the Planning Department, shall be accompanied by the filing fee as set forth in County Ordinance No. 671 and shall include the following information:

(1) Name and address of the applicant.

(2) Evidence that he is the owner of the premises involved or that he has written permission of the owner to make such application.

(3) A plot and development plan drawn in sufficient detail to clearly describe the following:

a) Physical dimensions of property and structures.

b) Location of existing and proposed structures.

c) Setbacks.

d) Methods of circulation.

e) Ingress and egress.

f) Utilization of property under the requested permit.

(4) Such additional information as shall be required by the application form.

(5) Dimensioned elevations, including details of proposed materials for elevations.

b. ADDITIONAL INFORMATION. When the application is for a conditional use permit to establish a mobilehome park, travel trailer park or recreational trailer park, the following additional information is required as part of the application:

(1) A written statement from the County Health Department stating that a water company has agreed in writing to serve all spaces within the park or that the applicant has an acceptable application for a water company permit on file with the State Department of Public Health or the County Department of Public Health, or the applicant has agreed in writing to form a domestic water company to serve the mobilehome park, travel trailer park or recreational park.

(2) A written statement from the County Health Officer stating the type of sewage disposal that will be permitted. To aid in this determination, the health officer may require soil percolation tests or other pertinent information.

c. (Deleted)

d. PUBLIC HEARING. A public hearing shall be held on the application for a conditional use permit in accordance with the provisions of either Section 18.26 or 18.26.a. of this County ordinance, whichever is applicable, and all of the procedural requirements and rights of appeal as set forth therein shall govern the hearing. Notwithstanding the above, or any other provision herein to the contrary, the hearing on any conditional use permit that requires approval of a general plan amendment, a specific plan amendment or a change of zone shall be heard in accordance with the provisions of Section 2.5, 2.6 or 20.3.a. of this ordinance, whichever, is applicable, and all of the procedural requirements and rights of appeal as set forth therein shall govern the hearing.

Amended Effective:
09-08-95 (Ord. 348.3727)
04-19-96 (Ord. 348.3770)

e. CONDITIONS. A conditional use permit shall not be granted unless the applicant demonstrates that the proposed use will not be detrimental to the health, safety or general welfare of the community. Any permit that is granted shall be subject to such conditions as shall be necessary to protect the health, safety or general welfare of the community.

f. USE OF PERMIT. Any conditional use permit that is granted shall be used within one year from the effective date thereof, or within such additional time as may be set in the conditions of approval, which shall not exceed a total of three years; otherwise, the permit shall be null and void. Notwithstanding the foregoing, if a permit is required to be used within less than three years, the permittee may, prior to its expiration, request an extension of time in which to use the permit. A request for extension of time shall be made to the Board of Supervisors, on forms provided by the Planning Department and shall be filed with the Planning Director, accompanied by the fee set forth in County Ordinance No. 671. Within 30 days following the filing of a request for an extension, the Planning Director shall review the applications, make a recommendation thereon, and forward the matter to the Clerk of the Board, who shall place the matter on the regular agenda of the Board. An extension of time may be granted by the Board upon a determination that valid reason exists for permittee not using the permit within the required period of time. If an extension is granted, the total time allowed for use of the permit shall not exceed a period of three years, calculated from the effective date of the issuance of the permit. The term "use" shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under the terms of the authorized use. The effective date of a permit shall be determined pursuant to either Section 18.26 or Section 18.26.a. of this ordinance.

Amended Effective:
09-08-95 (Ord. 348.3727)

g. REVOCATION OF PERMIT. Any conditional use permit granted may be revoked upon the findings and procedure contained in Section 18.31 of this ordinance.

Amended Effective:
03-12-87 (Ord. 348.2670)
06-30-88 (Ord. 348.2856)

SECTION 18.28a. SECOND UNIT PERMITS.

a. APPLICATION. An application for a second unit permit shall be made in writing to the Planning Director on the forms provided by the Planning Department, shall be accompanied by the filing fee as set forth in County Ordinance No. 671 and shall include the following information:

(1) Name and address of the applicant, and evidence that the applicant is the owner of the property.

(2) Assessor's parcel number of the property.

(3) A plot and development plan drawn in sufficient detail to clearly describe the following:

a) Physical dimensions of the property.

b) Location and dimensions of all existing and proposed structures, walls, fences and landscaping.

c) Location and dimensions of all existing and proposed easements, septic tanks, leach lines, seepage pits, drainage structures and utilities.

d) Location, dimensions, and names of all adjacent roads, whether public or private, showing the location of the street centerline and all existing improvements such as sidewalks, curbs, gutters and curb cuts.

e) Setbacks.

f) Existing and proposed methods of circulation, including ingress and egress, driveways, parking areas and parking structures.

g) Topography of the property, including the mapping of all areas with a slope in excess of 25 percent.

(4) Panoramic color photographs showing the property from all sides and showing adjacent properties.

(5) A description of walls, landscaping, and architectural treatments proposed for the second unit.

(6) A clearance letter from the County Health Department with respect to any proposed water or sanitary facilities.

(7) Written confirmation from any water district or sewer district providing service of the availability of service.

(8) A statement calculating the “usable lot area” of the lot. For purposes of this section, “usable lot area” shall mean the lot area reduced by the area of any portion of the lot used solely for access to the portion of the lot used as a building site and by the area of the lot consisting of slopes in excess of 25 percent.

(9) Such additional information as shall be required by the Planning Director.

b. REVIEW AND NOTICE OF DECISION. The Planning Director shall consider the application ministerially without discretionary review or a hearing. Notice of decision on the application shall be mailed to the applicant. The decision of the Planning Director shall be final.

c. DEVELOPMENT STANDARDS. No second unit permit shall be approved unless it complies with the following requirements:

(1) The lot is zoned for a one-family dwelling as a permitted use; provided, however, that the lot may not be part of a planned residential development or located in the R-6 Zone.

(2) No second unit shall be permitted on any lot with usable lot area less than one acre. Second units are permitted as follows:

USABLE LOT AREA	ALLOWABLE LIVING AREA*
1 acre but less than 2 acres	500 square feet minimum 800 square feet maximum
2 acres or larger	500 square feet minimum 1200 square feet maximum

*Living area includes the interior habitable area of a second unit including basements and attics but does not include a garage or any accessory structure. Second units shall not be subject to the provisions of Section 18.11 of this ordinance.

(3) The lot contains one, and only one, existing primary detached one-family dwelling unit, and the existing primary dwelling unit will be the dwelling unit of an owner-occupant.

(4) Off-street parking shall be required for the second unit in addition to any off-street parking requirements for the existing dwelling unit. A minimum of one parking space shall be provided for a second unit. If a second unit contains more than one bedroom, an additional parking space shall be provided for each additional bedroom. The required off-street parking for a second unit may be located in setback areas or through tandem parking.

(5) The second unit shall be used as a dwelling unit only, and no businesses or home occupations of any kind may be conducted in the second unit.

(6) Second units shall be located at the rear or in the side portions of the lot and shall not be located in front of the existing dwelling unit.

(7) The second unit shall comply with all development standards of the zone in which the lot is located, including but not limited to, height, setbacks, and lot coverage.

(8) No second unit shall exceed the height of the existing primary dwelling unit.

(9) Any second unit located more than 150 feet from a public right-of-way shall provide all-weather access for emergency vehicles.

(10) Written confirmation from the sewer district having jurisdiction of the availability of sewer service for the second unit or written approval from the County Health Department for use on an existing or new septic system shall be required. Written confirmation from the water district having jurisdiction of the availability of water service for the second unit or written approval from the County Health Department for use of an existing or new well shall be required.

(11) Second units shall not be permitted in those areas of the County which have significant problems with regard to water availability or quality, sewage disposal or other public health or safety concerns. Prohibited areas shall include, but not be limited to, those areas where a development moratorium has been imposed, including a moratorium for water or sewer, whether imposed by the County or another public agency with the authority to impose a development moratorium.

(12) Second units permitted pursuant to this Section do not exceed the allowable density for the lot upon which the second unit is located and constitute a residential use that is consistent with the general plan and zoning designation for that lot.

d. CONDITIONS. A second unit permit shall be subject to such conditions as are necessary to assure compliance with this ordinance and any other provision of law, including without limitation, the following:

(1) The second unit may not be sold as a separate unit unless the lot is subdivided pursuant to all applicable laws and local ordinances.

(2) A dwelling unit originally permitted as a second unit may not later be considered a primary dwelling unit for any purpose.

(3) An owner of the lot shall occupy the primary dwelling unit. Written certification of continued compliance with the occupancy restriction of this subsection shall be provided to the Planning Director on or before January 15 of each year.

(4) The second unit may be occupied by any person without rent. The second unit may also be rented; provided, however, that rental occupancy shall be limited to persons and families of low or moderate income as defined in Section 50093 of the Health and Safety Code. Certification of continued compliance with the occupancy restrictions of this subsection shall be provided to the Planning Director on or before January 15 of each year.

(5) No building permit for a second unit permit shall be issued until a covenant with respect to the occupancy requirements of this ordinance, in the form and content approved by County Counsel, is recorded by the property owner.

e. USE OF PERMIT. The life of the permit shall be unlimited provided the second unit is used in compliance with the provisions of this ordinance, all conditions of approval imposed in connection with the permit, and all other applicable provisions of law. Violation of the provisions of this ordinance or the conditions of approval of the permit shall be grounds for revocation of the permit.

f. REVOCATION OF PERMIT. A second unit permit may be revoked in accordance with the findings and procedure contained in Section 18.31 of this ordinance. The decision revoking a second unit permit may include, without limitation, an order requiring demolition of the second unit.

g. EFFECT OF AMENDMENT. The amendments to this section adopted by Ordinance No. 348.4574 (effective October 2, 2008) shall not apply to any second unit permit in effect prior to that date. A second unit permit issued prior to that date shall remain valid and a second unit constructed pursuant to such permit shall be considered in compliance with all relevant laws, ordinances, rules and regulations.

Amended Effective:
07-10-84 (Ord. 348.2360)
03-05-85 (Ord. 348.2444)
08-29-85 (Ord. 348.2510)
06-05-86 (Ord. 348.2580)
03-12-87 (Ord. 348.2670)
06-30-88 (Ord. 348.2856)
12-17-91 (Ord. 348.3407)
10-23-97 (Ord. 348.3800)
10-02-08 (Ord. 348.4574)

SECTION 18.28b. CROWING FOWL PERMIT. Whenever a request is made to increase the permitted numbers of mature crowing fowl, in zones where such requests are allowed, the following provisions shall take effect:

a. APPLICATION. Every application for a crowing fowl permit shall be made in writing to the Planning Director on the minor plot plan or crowing fowl permit forms provided by the Planning Department, shall be accompanied by the appropriate filing fee as set forth in County Ordinance No. 671 and shall include the following information:

(1) Name and address of the applicant, and evidence that the applicant resides at the premises involved and is either the owner of the premises involved or has the written permission of all the owners to secure the permit.

(2) Assessor's parcel number of premises involved.

(3) A plot and development plan drawn in sufficient detail to clearly describe the following:

a) Physical dimensions of property.

b) Location and dimensions of all existing and proposed structures, including all enclosures proposed for crowing fowl.

c) Location, dimensions, and names of all adjacent roads, whether public or private, showing the location of the street centerline and all existing improvements such as sidewalks, curbs, gutters and curb cuts.

d) Proposed setbacks for crowing fowl enclosures from existing on-site structures and structures on adjacent properties.

e) Driveway location(s).

(4) Panoramic photographs showing all sides of the on-site property and adjacent off-site properties.

(5) A description of walls, landscaping, and other methods which will be used to ensure that the use will be compatible with the neighborhood.

(6) A statement that the proposed use is for the occupants of the premises only.

(7) A list of the names and addresses of all owners of real property within 600 feet of the exterior boundaries of the property as shown on the last equalized assessment roll and any update issued by the County Assessor.

(8) Such additional information as shall be required by the application form.

(9) A clearance letter from the Animal Control Services and Licensing Division of the Health Services Agency verifying that the property has not had prior complaints or violations associated with the proposed use.

b. HEARING AND NOTICE OF DECISION. Upon acceptance of an application as complete, the Planning Department shall transmit a copy of the application to the Environmental Health Department and Animal Control Services and Licensing Division of the Health Services Agency for review and comment.

(1) Not less than 30 days after an application is received as complete, the Planning Director shall schedule the time and date on which the Director's decision on the application is to be made. Not less than ten days prior to the date on which the decision is to be made, the Planning Director shall give notice of the proposed use by mail or delivery to all owners shown on the last equalized assessment roll and any updates as owning real property within a 600 foot radius of the exterior boundaries of the proposed project. Notice of the proposed use shall also be given by publication in a newspaper of general circulation in the County. The notice shall include the statement that no public hearing will be held unless a hearing is requested in writing before the date scheduled for the decision to be made. No public hearing on the application shall be held before a decision is made unless a hearing is requested in writing by the applicant or other interested person, or if the Planning Director determines that a public hearing should be required. The Planning Director shall give notice of the decision to the applicant and to any other person who requests notice of the decision. The decision of the Planning Director shall be considered final unless within 14 days from the date of decision, an appeal therefrom is filed.

(2) If a public hearing is required under the provisions of this subsection, notice of the time, date and place of the hearing before the Planning Director, and a general description of the location of the real property which is the subject of the hearing, shall be given at least ten days prior to the hearing as follows:

a) Mailing or delivering to the owner of the subject real property or the owner's duly authorized agent.

b) Mailing or delivering to all owners of real property which is located within a 600 foot radius of the exterior boundaries of the subject property, as such owners are shown on the last equalized assessment roll and any updates.

c) The Planning Director may require that additional notice be given in any other matter the Director deems necessary or desirable.

(3) If a public hearing is required, the Director shall hear relevant testimony from interested persons and make a decision within a reasonable time after the close of the public hearing. The Planning Director shall give notice of the decision to the applicant, and the decision of the Planning Director shall be considered final unless within 14 days from the date of decision an appeal therefrom is filed.

c. DEVELOPMENT STANDARDS. No crowing fowl permit shall be approved unless it complies with the following standards:

(1) The proposed permit must conform to all the requirements of the General Plan for Riverside County.

(2) The lot is zoned for the keeping or raising of crowing fowl as a permitted use and subject to the restrictions of the zone.

(3) The crowing fowl shall be kept in an enclosed area located not less than 20 feet from any property line and not less than 50 feet from any residence and shall be maintained on the rear portion of the lot in conjunction with a residential use. To mitigate potential noise and to avoid the creation of a public nuisance due to noise, the enclosed area shall be constructed and the crowing fowl shall be maintained as follows:

a) The crowing fowl shall be kept in a solid walled enclosure with a solid roof attached to all perimeter walls of the enclosure.

b) Crowing fowl shall be confined inside the walled and roofed enclosure between the hours of 8:00 p.m. and 6:00 a.m. each day.

c) The walled and roofed enclosure shall be completely screened, except for its entry, by landscaping, including trees and shrubbery.

(4) All of the development standards of the zone in which the crowing fowl permit is located, shall be applicable to the permit.

(5) Findings are made by the Planning Director that there is no adverse impact on the public health, safety or welfare.

d. CONDITIONS. Any crowing fowl permit granted shall be subject to such conditions as are necessary to protect the health, safety and general welfare of the public. In addition, a permit shall be subject to the following conditions:

(1) In general, the life of the permit shall be unlimited provided the applicant continues to reside at and is the owner of the premises involved and the permit is being used in compliance with the provisions of Subsection 18.28b., as well as any conditions of approval imposed in connection with the permit, and that all construction permits and inspections which may be required pursuant to the provisions of Ordinance No. 457 have been obtained. However, if the Planning Director finds that there is sufficient reason, such as neighborhood concern, to limit the life of the permit, such limitation may be established by addition of condition of approval. Non-compliance with the conditions of approval and/or construction permits may result in the revocation of the permit in accordance with Subsection 18.31.

(2) The lot is zoned for the keeping or raising of crowing fowl as a permitted use and subject to the restrictions of the zone.

(3) The keeping or raising of crowing fowl is for the use of the occupants of the premises only.

e. APPEAL. An applicant or any interested person may appeal the decision of the Planning Director by the following procedure:

(1) Appeal to Planning Commission. Within 14 calendar days after the date of the decision by the Planning Director, an appeal, in writing, may be made to the Planning Commission on the form provided by the Planning Department, which shall be accompanied by a filing fee as set forth in Ordinance No. 671. Notice of the appeal shall be given in the same manner that notice was given for the original hearing. The Planning Commission shall render its decision within thirty days following the close of the hearing on the appeal.

(2) Appeal to the Board of Supervisors. Within 14 calendar days after the date of the Planning Commission's decision, an appeal, in writing, may be made to the Board of Supervisors, on the forms provided by the Planning Department, which shall be accompanied by the fee set forth in Ordinance No. 671. Upon receipt of a completed appeal, the Clerk of the Board shall set the matter for hearing before the Board of Supervisors not less than five days nor more than thirty days thereafter and shall give written notice of the hearing to the appellant, the applicant and the Planning Director. The Board of Supervisors shall render its decision within thirty days following the close of the hearing on the appeal.

Added Effective:
09-15-00 (Ord. 348.3954)

SECTION 18.29. PUBLIC USE PERMITS.

a. Notwithstanding any other provisions of this ordinance, the following uses may be permitted in any zone classification provided that a public use permit is granted pursuant to the provisions of this section:

(1) Educational institutions.

(2) Deleted.

Amended Effective:
09-10-99 (Ord. 348.3883) repealed.
10-21-99 (Ord. 348.3888)

(3) Government uses.

(4) Any hospital or other facility that is licensed by the California Department of Public Health, or by the California Department of Mental Hygiene, not including a family care, foster home or group home that serves six or fewer persons.

(5) Any home or other facility for the aged or children that is licensed by the California Department of Social Services, or by the Riverside County Department of Public Social Services, not including a home or facility that serves six or fewer children or aged persons, nor a large family day care home that serves seven to twelve children. Said facilities shall be developed in accordance with the standards set forth in Sections 19.102 and 19.103 of this ordinance.

(6) Half way house.

(7) Public utilities.

b. APPLICATION. Every application for a public use permit shall be made in writing to the Planning Director on the forms provided by the Planning Department, shall be accompanied by a filing fee as set forth in County Ordinance No. 671, and shall include the following information:

(1) Name and address of the applicant.

(2) Evidence that he is the owner of the premises involved or that he has written permission of the owner to make such application.

(3) A plot and development plan drawn in sufficient detail to clearly describe the following:

a) Physical dimensions of property and structures.

b) Location of existing and proposed structures.

c) Setbacks.

d) Methods of circulation.

e) Ingress and egress.

f) Utilization of property under the requested permit.

(4) Such additional information as shall be required by the application form.

c. PUBLIC HEARING. A public hearing shall be held on the application for a public use permit in accordance with the provisions of Section 18.26 of this ordinance and all of the procedural requirements and rights of appeal as set forth therein shall govern the hearing.

d. CONDITIONS. A public use permit shall not be granted unless the applicant demonstrates that the proposed use will not be detrimental to the health, safety or general welfare of the community. Any permit that is granted shall be subject to such conditions as shall be necessary to protect the health, safety or general welfare of the community.

e. USE OF PERMIT. Any public use permit that is granted shall be used within one year from the effective date thereof, or within such additional time as may be set into the conditions of approval, which shall not exceed a total of three years; otherwise, the permit shall be null and void. Notwithstanding the foregoing, if a permit is required to be used within less than three years, the permittee may, prior to its expiration, request an extension of time in which to use the permit. A request for extension of time shall be made to the Board of Supervisors, on forms provided by the Planning Department and shall be filed with the Planning Director, accompanied by a fee as set forth in County Ordinance No. 671. Within 30 days following the filing of a request for an extension, the Planning Director shall review the application, make a recommendation thereon, and forward the matter to the Clerk of the Board, who shall place the matter on the regular agenda of the Board. An extension of time may be granted by the Board upon a determination that valid reason exists for permittee not using the permit within the required period of time. If an extension is granted, the total time allowed for use of the permit shall not exceed a period of three years, calculated from the effective date of the issuance of the permit. The term "use" shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under the terms of the authorized use. The effective date of a permit shall be determined pursuant to Section 18.26 of this ordinance.

f. REVOCATION OF PERMIT. Any public use permit granted may be revoked upon the findings and procedure contained in Section 18.31 of this ordinance.

Amended Effective:
06-30-88 (Ord. 348.2856)

SECTION 18.29a. LARGE FAMILY DAY CARE HOME PERMITS. Wherever an application for a large family day care home permit is submitted, the following provisions shall apply. A large family day care home means a home which provides family day care for no less than seven and no more than fourteen children, including children under the age of ten who reside at the home.

a. STATE PREEMPTION. Pursuant to section 1597.40 of the Health and Safety Code, the Legislature has declared that it is the public policy of the State of California to situate family day care homes for children in normal residential surroundings so as to provide children the same environment as would be found in a traditional home. The Legislature has further declared that this policy is a matter of statewide concern and that the State occupies the field and prohibits any local restrictions relating to the use of single-family residences for family day care homes, except as specfically provided.

b. REQUIREMENT FOR PERMIT. In accordance with the above-referenced policy, the Legislature has enacted section 1597.46 of the Health and Safety Code which provides that cities and counties shall not prohibit large family day care homes on lots zoned for single-family dwellings, but may require an applicant for a large family day care home to apply for a non-discretionary permit. Section 1597.46 further provides that cities and counties shall grant the permit if certain specified standards, restrictions and requirements are met. In accordance with section 1597.46, the Board of Supervisors hereby determines that any person may, subject to the approval standards set forth in subsection d, hereof, use a single-family dwelling for the operation of a large family day care home in any zone where single-family dwellings are permitted.

c. PERMIT PRODECURE

(1) Application. Every application for a large family day care home permit shall be made in writing to the Planning Department on the forms provided by the Planning Department, shall be accompanied by the filing fee set forth in County Ordinance No. 671, and shall include the following information:

(a) Name and address of the applicant and a statement that the applicant resides in the home where the day care will be conducted.

(b) The assessor's parcel number assigned to the property on which the home is situated (hereinafter, "the site").

1. The boundary and physical dimensions of the site. This may be hand drawn provided it is legible.

2. The location and dimensions of all existing and proposed buildings, structures, walkways, yards, drive ways and parking areas on the site and on the street in front of the site.

3. A drawing with accurate dimensions of the sign proposed on the site, if any.

4. Such additional information as shall be required by the application form.

(2) Issuance/Denial. The Planning Director shall, within forty-five (45) days of the filing of a complete permit application, approve a large family day care home permit if the approval standards of this ordinance have been met; otherwise, the permit shall be denied. The Planning Director's decision shall be final.

d. APPROVAL STANDARDS. No application for a large family day care home permit shall be approved unless it complies with the following standards:

(1) The applicant shall obtain a valid state license to operate a large family day care home on the site within 180 days of the date of issuance of a large family day care home permit. Within fourteen (14) days of issuance of the state license, the applicant shall provide a certified copy of the license to the Planning Director. The Planning Director shall insure that the applicant has obtained a state license in a timely manner. The applicant's failure to obtain a state license or to provide a certified copy of the license to the Planning Director may result in revocation of the large family day care home permit as provided in subsection d. (10) of this section.

(2) The site shall be zoned for residential uses.

(3) The site shall provide at least two off-street parking spaces, no more than one of which may be provided in a garage or carport. These parking spaces may include spaces provided to meet residential parking requirements.

(4) The unloading and loading of vehicle occupants shall only be permitted on the driveway, approved parking area, or directly in front of the site and shall not unduly restrict traffic flow. Residences located on arterial streets shall provide a drop-off and pickup area designed to prevent vehicles from backing into the roadway.

(5) The applicant shall comply with all applicable State Fire Marshall regulations.

(6) The site shall not be located within 300 feet of any other large family day care home, small family day care home, board and care home, group home or half-way house measured property line to property line.

(7) To ensure the health and safety of children in family homes that provide daycare as specified within Sections 1597.30 and 1597.46 of the Health and Safety Code, if the site has a swimming pool or spa, the pool or spa shall meet all current code regulations for fencing, gate latches, and alarms.

(8) No more than fourteen children, including children under age ten who reside at the home, may be cared for at any large family day care home, and no more than one family day care home shall be located on any single parcel.

(9) An on-site idcntification sign may be permitted in accordance with the provisions of Section 19.4.(d) of this ordinance or may be approved with the large family day care permit if submitted concurrently.

(10) If the applicant fails to obtain a valid state license as provided in subsection d. (1) of this section, if the applicant fails to comply with any requirement of this section or if the applicant ceases or suspends operation of the large family day care home for one year or more, the permit may be revoked in accordance with the provisions of Section 18.31 of this ordinance.

Amended Effective:
09-29-00 (Ord. 348.3955)
02-03-05 (Ord. 348.4232)

SECTION 18.30. PLOT PLANS.

The following procedures shall apply to all applications for approval of a plot plan that is required by any section of the ordinance:

a. CLASSIFICATION OF PLOT PLANS. Plot plans are classified as follows:

(1) Plot plans that are not subject to the California Environmental Quality Act and are not transmitted to any governmental agency other than the County Planning Department for review and comment.

(2) Plot plans that are not subject to the California Environmental Quality Act and are transmitted to one or more governmental agencies other than the County Planning Department.

(3) Plot plans that are subject to the California Environmental Quality Act.

(4) Plot plans for outdoor advertising displays that require field checking by the Land Use Division of the County Building and Safety Department.

b. APPLICATIONS.

(1) Filing. Applications for consideration of a plot plan shall be made to the Planning Director on the forms provided by the Planning Department, shall be accompanied by that filing fee set forth in County Ordinance No. 671 and shall include such information and documents as may be required by the Planning Director, in addition to the following:

a) Name and address of the applicant and all persons that own any part of the subject property, including evidence that all owners agree to the application.

b) Location or address, and legal description of subject property.

c) A plot plan, drawn to scale, that shows the following:

1. Boundary and dimensions of property.

2. Topography of the property.

3. Location of adjacent streets, drainage structures, utilities, buildings, signs, and other features that may affect the use of the property.

4. Proposed development, including planned buildings and structures, access, drainage, yards, drives, parking areas, landscaping, signs and walls or fences.

d) If the application requires a public hearing, a list of the names and addresses of all owners of real property located within 300 feet of the exterior boundaries of the property to be considered, as shown on the last equalized assessment roll and any update issued by the County Assessor.

e) If the application is for the location or placement of an outdoor advertising display the requirements and standards set forth in Section 19.3 of this ordinance shall apply.

f) Dimensioned elevations, including details of proposed materials for elevations.

(2) Environmental Clearance. No application that requires compliance with the Riverside County Rules Implementing the California Environmental Quality Act shall be considered at a public hearing until all procedures required by the rules to hear a matter are completed.

c. REQUIREMENTS FOR APPROVAL. No plot plan shall be approved unless it complies with the following standards:

(1) The proposed use must conform to all the requirements of the Riverside County General Plan and with all applicable requirements of State law and the ordinances of Riverside County.

(2) The overall development of the land shall be designed for the protection of the public health, safety and general welfare; to conform to the logical development of the land and to be compatible with the present and future logical development of the surrounding property. The plan shall consider the location and need for dedication and improvement of necessary streets and sidewalks, including the avoidance of traffic congestion; and shall take into account topographical and drainage conditions, including the need for dedication and improvements of necessary structures as a part thereof.

(3) All plot plans which permit the construction of more than one structure on a single legally divided parcel shall, in addition to all other requirements, be subject to a condition which prohibits the sale of any existing or subsequently constructed structures on the parcel until the parcel is divided and a final map recorded in accordance with County Ordinance No. 460 in such a manner that each building is located on a separate legally divided parcel.

d. ACTION ON PLOT PLANS

(1) Plot Plans Not Requiring Public Hearing. The Planning Director shall approve, conditionally approve or disapprove a plot plan based upon the standards in Subsection c. within 30 days after accepting a completed application and give notice of the decision, including any required conditions of approval, by mail, to the applicant and any other persons requesting notice.

(2) Plot Plan Requiring Hearing. The Planning Director shall hold a public hearing on all plot plans for which a negative declaration or an EIR is prepared pursuant to the Riverside County Rules Implementing the California Environmental Quality Act. Notice of the time, date and place of the public hearing shall be given as provided in Section 18.26.c. of this ordinance.

(3) Plot Plans for Large Commercial Developments. Notwithstanding any other provision in this subsection to the contrary, a noticed public hearing shall be held on a plot plan for a commercial development of 30 acres or larger. Plot plans that are within the area jurisdiction of the East Area Planning Council shall be heard by that Council; all other plot plans shall be heard by the Planning Commission. Notice of the time, date and place of the hearing shall be given as provided in Section 18.26.c. of this ordinance. Any appeal of the Council or Commission decision shall be to the Board of Supervisors as provided in Section 18.30.e. of this ordinance.

(4) Notwithstanding the above or any other provision herein to the contrary, a plot plan application which:

(a) Requires the approval of a general plan amendment, a specific plan amendment or a change of zone shall be heard in accordance with the provisions of section 2.5, 2.6 or 20.3a. of this ordinance, whichever is applicable, and all of the procedural requirements and rights of appeal as set forth therein shall govern the hearing.

(b) Requires the approval of a land division map or is being processed concurrently with a land division map, but does not require the approval of a general plan amendment, a specific plan amendment, or a change of zone, shall be heard in accordance with the provisions of sections 6.5, 6.6 and 6.7 of Ordinance No. 460, and all of the procedural requirements and rights of appeal as set forth therein shall govern the hearing.

Amended Effective:
04-19-1996 (Ord. 348.3770)
06-03-2010 (Ord. 348.4688)

e. APPEALS - (PLOT PLANS NOT INCLUDING WIRELESS COMMUNICATION FACILITIES). An applicant or any other interested party may appeal from the decision of the Planning Director by the following procedure:

(1) Initial Appeal. Within ten (10) calendar days after the date of the mailing of the decision by the Planning Director, an appeal in writing may be made on the form provided by the Planning Department and which shall be accompanied by a filing fee as set forth in County Ordinance No. 671. Upon receipt of a completed appeal, the Planning Director shall set the matter for hearing and mail notice thereof to the applicant and the appellant if the plot plan did not require a public hearing. If the plot plan required a public hearing, notice of the appeal shall be given in the same manner that notice was given for the original hearing. Such appeals shall be heard by the Planning Commission or the East Area Planning Council, whichever is appropriate given the location, except that any appeal concerning an application of a commercial/industrial nature given fast track status, shall be heard directly by the Board of Supervisors. For purposes of this section, an application shall be considered to have been given fast track status if it meets the definition set forth in Section 21.34d. of this ordinance.

Amended Effective:
09-08-95 (Ord. 348.3727)
04-19-96 (Ord. 348.3770)

(2) Appeal from Planning Commission or East Area Planning Council. Within ten (10) calendar days after the date of the mailing of the decision of the Commission or the Council, the appellant may appeal that decision, in writing, to the Board of Supervisors, on the forms provided by the Planning Department, which shall be accompanied by a filing fee set forth in County Ordinance No. 671.

(3) Hearings on Appeals to the Board of Supervisors. Upon receipt of a completed appeal, the Clerk of the Board shall set the matter for hearing before the Board of Supervisors not less than five (5) days nor more than thirty (30) days thereafter and shall give written notice of the hearing to the appellant and the Planning Director. The Board of Supervisors shall render its decision within thirty (30) days following the close of the hearing on the appeal.

Amended Effective:
09-08-95 (Ord. 348.3727)
12-16-03 (Ord. 348.4147)

f. APPEALS - (WIRELESS COMMUNICATION FACILITIES PLOT PLANS). An applicant or any other interested party may appeal from the decision of the Planning Director by the following procedure:

(1) Initial Appeal. The Planning Director shall file his/her notice of decision with the secretary of the Planning Commission or the East Area Planning Council, whichever is appropriate given the location, together with a report of the proceedings, not more than fifteen (15) days after making the decision. A copy of the notice of decision shall be mailed to the applicant and to any person who has made a written request for a copy of the decision. The secretary of the Planning Commission or the East Area Planning Council shall place the notice of decision on the next agenda of the Planning Commission or the East Area Planning Council, held five (5) or more days after the secretary receives the notice from the Planning Director. The decision of the Planning Director is considered final and no action by the Planning Commission or the East Area Planning Council is required unless, within ten (10) days after the notice appears on the Planning Commission or the East Area Planning Council agenda, the applicant or an interested person files an appeal, accompanied by the fee set forth in County Ordinance No. 671, or unless the Planning Commission or the East Area Planning Council assumes jurisdiction by ordering the matter set for public hearing. If a timely appeal is filed, or the Planning Commission or the East Area Planning Council assumes jurisdiction by ordering the matter set for public hearing, the secretary of the Planning Commission or the East Area Planning Council shall set the matter for public hearing before the Planning Commission or the East Area Planning Council not less than five (5) nor more than thirty (30) days thereafter and shall give written notice of the hearing in the same manner as notice was given for the original hearing.

(2) Appeal from Planning Commission or East Area Planning Council. Within ten (10) calendar days after the date of the mailing of the decision of the Planning Commission or the East Area Planning Council, the appellant may appeal that decision, in writing, to the Board of Supervisors, on the form provided by the Planning Department, which shall be accompanied by a filing fee set forth in County Ordinance No. 671.

Amended Effective:
12-16-03 (Ord. 348.4147)

g. APPROVAL PERIOD. Any plot plan that is approved shall be used within two year from the effective date thereof, or within such additional time as may be specified in the conditions of approval, which shall not exceed a total of five years; otherwise, the plot plan shall be null and void. Notwithstanding the foregoing, if a plot plan is required to be used within less than five years, the applicant or his/her successor-in-interest may, prior to its expiration, request an extension of time in which to use the plot plan. A request for extension of time shall be made on forms provided by the County Planning Department and shall be filed with the Planning Director, accompanied by the fee set forth in Ordinance No. 671 as the fee for extension of the time within which to use a conditional use permit. Within 30 days following the filing of a request for an extension, it shall be considered by the hearing body or officer that originally approved the plot plan. An extension of time may be granted upon a determination that valid reason exists for the applicant or his/her successor-in-interest not using the plot plan within the required period of time. If an extension is granted, the total time allowed for use of the plot plan shall not exceed a period of five years, calculated from the effective date of the issuance of the plot plan. The term "use" shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under the terms of the authorized use. The effective date of a plot plan shall be determined pursuant to Section 18.30 of this ordinance.

Notwithstanding any condition of approval that may be attached to a plot plan approved before the effective date of this ordinance, the five year time period specified in Subsection f. hereof shall apply to all such plot plans that have not yet become null and void.

Amended Effective:
08-13-91 (Ord. 348.3305)
01-19-93 (Ord. 348.3489)

h. Notwithstanding the specific requirements of the zoning classification and this section, no plot plan is required to establish a proposed use when the proposed use is replacing an existing use provided that:

(1) The existing and proposed use are conforming uses;

(2) The existing use was subject to a plot plan approval;

(3) The proposed use will not require the construction of a building, or the reconstruction or expansion of an existing building; and

(4) The proposed use complies with the parking and landscaping requirements of Section 18.12 of this ordinance; and

(5) The proposed site has adequate road and other improvements required for the implementation of the proposed use available on site.

Amended Effective:
09-23-82 (Ord. 348.2103)
06-30-83 (Ord. 348.2156)
07-21-83 (Ord. 348.2202)
02-02-85 (Ord. 348.2430)
04-04-85 (Ord. 348.2444)
07-16-85 (Ord. 348.2496)
08-29-85 (Ord. 348.2510)
10-18-85 (Ord. 348.2516)
08-07-86 (Ord. 348.2591)
03-12-87 (Ord. 348.2670)

Amended Effective:
08-13-91 (Ord. 348.3305)
05-05-92 (Ord. 348.3420)
01-19-93 (Ord. 348.3489)
09-08-95 (Ord. 348.3727)
04-19-96 (Ord. 348.3770)

SECTION 18.31. FINDINGS AND PROCEDURE FOR REVOCATION OF VARIANCES AND PERMITS.

a. Any conditional use permit, public use permit, variance, commercial WECS permit, or accessory WECS permit may be revoked by the Director of the Building and Safety Department upon finding that one or more of the following conditions for revocation exist.

(1) That the use is detrimental to the public health, safety or general welfare, or is a public nuisance.

(2) That the permit was obtained by fraud or perjured testimony.

(3) That the use is being conducted in violation of the terms and conditions of the permit.

(4) That the use for which the permit was granted has ceased or has been suspended for one year or more.

b. Upon a determination by the Director of the Building and Safety Department that grounds for revocation exist, the following procedure shall take effect:

(1) NOTICE OF REVOCATION. Notice of revocation and a copy of the findings of the Director of the Building and Safety Department shall be mailed by the Director by certified mail to the owner of the property to which the permit or variance applies, as shown by the records of the Assessor of Riverside County. The decision of the Director of the Building and Safety Department shall be final unless a notice of appeal is timely filed.

(2) NOTICE OF APPEAL. Within ten days following the mailing of the notice of revocation, the owner of the property to which the permit or variance applies may file with the Planning Director a notice of appeal from the decision of the Director of the Building and Safety Department. A notice of appeal shall be accompanied by the filing fee set forth in County Ordinance No. 671. A notice of appeal not accompanied by such fee shall be deemed null and void and shall not be processed.

(3) SETTING HEARING; COSTS. Appeals within the area jurisdiction of the East Area Planning Council, with the exception of appeals concerning commercial WECS permits, shall be heard by the Council or, if the Council so elects, shall be heard by a County Hearing Officer pursuant to and in accordance with County Ordinance No. 643. All other appeals, including appeals concerning commercial WECS permits, shall be heard by the Planning Commission, of if the Commission so elects, shall be heard by a County Hearing Officer pursuant to and in accordance with County Ordinance No. 643. Notice of the time, date and place of the hearing shall be given as provided in Section 18.26.c. of this ordinance. In the event that an appeal is heard by a County Hearing Officer and the owner of the property to which the permit or variance applies does not prevail in the appeal, the owner shall not be obligated to pay any hearing costs. In the event that an appeal is heard by a County Hearing Officer and the owner of the property to which the permit or variance applies prevails in the appeal, the owner shall not be obligated to pay all hearing costs.

(4) TESTIMONY UNDER OATH. All testimony at the hearing shall be taken under Oath.

(5) NOTICE OF DECISION. Notice of the Planning Commission or Planning Council's decision and a report of the proceedings shall be filed with the Clerk of the Board of Supervisors not later than 15 days following the date the decision is adopted. A copy of the notice and the report shall be mailed to the applicant and proof of such mailing shall be indicated on the original notice filed with the Clerk of the Board of Supervisors. If the County Planning Commission or Planning Council does not reach a decision due to a tie vote, such fact shall be reported to the Board of Supervisors in the same manner and within the same time for reporting decisions and such a failure to reach a decision shall constitute affirmation of the Building Director's revocation of the permit or variance.

(6) PLACEMENT OF MATTER ON BOARD'S AGENDA. The Clerk of the Board of Supervisors shall place the notice of decision on the Board of Supervisors' agenda for the next regular meeting to be held following the lapse of five days after the Notice is filed with the Board.

(7) TRANSFER TO BOARD OF SUPERVISORS ON APPEAL. The revocation or non-revocation of a permit or variance by the Planning Commission or Planning Council shall be final unless, within ten days following the matter at which the notice of decision was on the agenda of the Board of Supervisors, the following occurs:

a) An appeal to the Board of Supervisors is made by the owner of the property which is the subject of the revocation proceedings, or

b) The Board of Supervisors orders the matter transferred to it for further proceedings.

(8) FURTHER PROCEEDINGS BEFORE THE BOARD OF SUPERVISORS. If either of the actions mentioned in paragraphs a. and b. of Subsection seven above are taken, the Board of Supervisors may:

a) Refuse to review the Planning Commission or Planning Council's decision, in which case the decision shall be final, or

b) Review a transcript or recording of the testimony and all other evidence introduced before the Planning Commission or Planning Council, and based upon that record, affirm or reverse the decision of the Planning Commission or Planning Council or refer the matter back to the Planning Commission or Planning Council for the taking of further evidence or hearing additional argument in which case notice shall be given to the owner of the property which is the subject of the proceedings, or

c) Set the matter for hearing before itself. At such hearing the Board of Supervisors shall hear and decide the matter de novo as if no prior hearing had been held. Notice of the time, date and place of the public hearing shall be given as provided in Section 18.26.c. of this ordinance.

(9) ACTION BY THE BOARD OF SUPERVISORS. The decision of the Board of Supervisors on revocation of a permit or variance is final.

Amended Effective:
11-11-82 (Ord. 348.2104)
07-03-84 (Ord. 348.2338)
01-03-85 (Ord. 348.2430)
03-05-85 (Ord. 348.2444)
03-12-87 (Ord. 348.2670)
05-04-89 (Ord. 348.3018)
09-26-89 (Ord. 348.2937)

SECTION 18.32. TIME LIMIT. Whenever by the terms of this ordinance or a provision of any permit or variance thereunder, a period is fixed within which an act is required or permitted to be performed and the last day of such period falls on a Saturday, Sunday, or holiday, then the next succeeding day which is not a Saturday, Sunday, or holiday shall be deemed the last day of such period. If, by such provisions, any document is required to be filed with the Board of Supervisors, the Planning Commission or other body or officer, filing the same with the Clerk of the Board of Supervisors shall be deemed filing with said Board, filing in the office of the Planning Director shall be deemed filing with said Board, filing in the office of the Planning Director shall be deemed filing with said Commission, filing with the Secretary of such other body or in its office shall be deemed filing with such body, and filing in the office of such officer shall be deemed filing with him. If by any such provision a time limit for the performance of an act is permitted to be extended or the period renewed, such renewal or extension, to be effective, must be sought and obtained prior to the expiration of the time limit.

SECTION 18.33. SETBACK ADJUSTMENTS AND TEMPORARY USE OF LAND. Notwithstanding any other provisions of this ordinance, the following matters may, without notice or public hearing, be approved, conditionally approved or denied in accordance with the following procedure:

a. The Planning Director may approve, conditionally approve or deny:

(1) SETBACK ADJUSTMENTS. Modifications of the front, rear or side yard minimum setback requirements of the various zone classifications in the ordinance.

(2) TEMPORARY USES. The temporary use of land in any zone classification, when such temporary use is in conjunction with the repair or construction of streets, highways, or public utilities, for a period of time not to exceed six months.

b. The Planning Commission may approve, conditionally approve or deny:

(1) TEMPORARY USES. The temporary use of land in any zone classification, when such temporary use is in conjunction with the repair or construction of streets, highways, or public utilities, for a period of time in excess of six months.

c. Applications, containing all required information, shall be filed with the Planning Director, upon the forms provided by the Planning Department, shall be accompanied by the filing fee set forth in County Ordinance No. 671, and shall be processed pursuant to the provisions of Section 18.30 of this ordinance, including the appeal provisions thereof, except that when the application is for a temporary use for a period of time in excess of six months, the Planning Director shall make a recommendation only, which shall be submitted to the Planning Commission for decision.

d. No request for a setback adjustment shall be granted unless it is determined that the adjustment is consistent with the intent and purposes of this ordinance; that there are special circumstances applicable to the property, including such factors as size, shape, topography, location or surroundings that justify the approval of the adjustment of the setback requirement, and that the adjustment will not be detrimental to the health, safety and general welfare of the community or be detrimental to property in the vicinity of the parcel for which the adjustment is requested.

e. No request for a temporary use of land shall be granted unless it is determined that the temporary use of the land will not be detrimental to the health, safety or general welfare of the community or be detrimental to property in the vicinity of the parcel for which the temporary use is requested.

f. As a condition to approval of a setback adjustment or a temporary use of land, the performance of such conditions may be required as are determined to be necessary to assure that the granting of the adjustment or use will not be detrimental to the health, safety and general welfare of the community or be detrimental to property in the vicinity of the parcel for which the request is made including the following conditions:

(1) Regulations of points of vehicle ingress and egress to the property.

(2) Require any necessary landscaping, fencing or walls.

(3) Require the restoration of the property to a natural appearance, including, but not limited to filling, grading and leveling.

(4) Establish a time period within which the permission is to be used and required conditions are to be completed.

SECTION 18.34. STRUCTURE HEIGHT. When any zone classification provides that an application for a greater height limit may be made pursuant to this section, the following alternative procedures may be used to determine if the request shall be granted:

a. An application for a zone change may request a greater height limit in accordance with the limitations of the zone classification. The specific height limit requested shall be included in all notices regarding the zone change and, if granted, the zoning placed upon the land shall specifically state the allowed height limit.

b. An application for a conditional use permit, public use permit, commercial WECS permit or accessory WECS permit may include a request for a greater height limit in accordance with the limitations of the zone classification. The specific height limit requested shall be included in all notices regarding the permit, and if granted, the permit shall specifically state the allowed height limit.

c. For structures other than buildings, an application for a greater height limit in accordance with the limitations of the zone classification may be made to the Planning Director pursuant to the provisions of Section 18.30 of this ordinance. If granted, the approved plot plan shall specifically state the allowed height limit.

Amended Effective:
11-11-82 (Ord. 348.2104)

SECTION 18.35. ASTERISK. When an asterisk (*) or any other character follows the zoning symbol on any official zoning plan map, the required minimum lot area, minimum area per dwelling unit, lot frontage, size of dwelling, yard requirement, and structure height, or any of such requirements, for the areas upon the map so marked, shall be as set forth in the legend upon such map, notwithstanding any other provisions of this ordinance.

SECTION 18.36. SPECIFIC PLAN, HIGHWAY.

a. Whenever a specific plan for a highway has been adopted by the County of Riverside, all requirements of this ordinance relating to highway right of way lines shall be calculated from the adopted planned future right of way line. No building, structure or other improvement shall be constructed within the described planned right of way lines, and no building permit shall be issued therefore, except as hereinafter set forth.

b. The following improvements shall be permitted to be constructed within the described planned right of way lines of a specific plan, provided that they are appurtenant to a permitted use that is conducted on an abutting parcel; that any required encroachment permit pursuant to County Ordinance No. 499 is first approved, and further provided that an approved plot plan is granted pursuant to Section 18.30 of this ordinance:

(1) Pedestrian access walkways.

(2) Vehicular access driveways.

(3) Fences not exceeding 30 inches in height.

(4) Landscaping that includes planters.

(5) Off-street parking areas, including parking spaces, drives, aisles, turning and maneuvering areas, bumper stops or wheel stops. Off-street parking within a specific plan area shall not be credited toward providing required parking area pursuant to Section 18.12 of this ordinance.

(6) Lights to illuminate off-street parking areas, pedestrian walkways, vehicular access driveways, landscaped areas or buildings.

(7) Unlighted or non flashing lighted directional signs located at public entrances to, or exits from, off-street parking areas.

(8) Unlighted or non flashing lighted single or double-faced signs not exceeding 100 square feet in display area per face, identifying a building or the merchandise or activity available on the abutting premises; provided that:

a) The sign is necessary to a business to achieve visibility or identification of the business by the traveling public that is substantially equal to that of existing businesses in the area.

b) The sign is a permitted use in the zone and does not project over or extend into the existing street right of way.

c) Not more than one such sign shall be permitted on any lot or parcel.

d) The plot plan approval shall clearly fix the proposed location, size, shape and elevation of the sign with respect to the lot or parcel on which it is to be erected.

c. As a condition to the final approval of a plot plan, the applicant shall sign an agreement that he will remove any such permitted improvements within 45 days from the date of mailing of a written request to do so by the Road Commissioner of the County of Riverside. The applicant shall further agree that if the permitted improvements are not removed within said 45 day period, they shall become the property of the County of Riverside or the public agency having jurisdiction over the right of way. The agreement shall be binding upon the applicant, his heirs, successors and assigns.

d. All the provisions of Section 18.30 of this ordinance relating to appeals from a plot plan decision shall apply to permits to construct improvements within planned right of way lines.

SECTION 18.37. See County Ordinance No. 671.

Deleted Effective: 04-27-89 (Ord. 348.3018)

SECTION 18.38. (Deleted).

Deleted Effective: 04-27-89 (Ord. 348.3018)

SECTION 18.39. COMMERCIAL FERTILIZER OPERATIONS (ON-SITE MANURE). The following regulations shall apply to the commercial stockpiling, drying, mechanical processing and sale of farm animal manure (with the exception of poultry operations) produced on the premises, in any zone that permits such use:

a. The minimum parcel size on which such fertilizer processing operation will be permitted is ten gross acres with a minimum parcel width of 660 feet.

b. Driveways and employee parking areas shall be surfaced with an asphaltic penetration coat at the rate of 2 gallon per square yard followed in six months by an asphaltic seal coat.

c. There shall be no manufacturing of chemical additives on the premises.

d. Inorganic chemical additives shall be limited to ten percent by volume of the organic manure processed.

e. The use shall comply with all requirements of the County Health Department and the Riverside County Air Pollution Control District and the State Regional Water Quality Control Board.

f. Manure stockpiles shall be maintained at least 150 feet from any road right of way and 35 feet from side and rear property lines.

g. No manure stockpile shall exceed a height of 25 feet.

h. Stockpiles shall be shaped to a one to four minimum slope to prevent detrimental water seepage into the ground and minimize the stockpile area subject to rainfall.

i. There shall be no draining of runoff water from any stockpile area onto adjoining properties.

SECTION 18.40 (Repealed).

Amended Effective:
01-15-64 (Ord. 348.251)
03-10-64 (Ord. 348.261)
04-15-64 (Ord. 348.265)
11-10-65 (Ord. 348.401)
01-19-66 (Ord. 348.422)
06-16-66 (Ord. 348.446)
07-06-66 (Ord. 348.455)
09-27-67 (Ord. 348.528)
10-16-67 (Ord. 348.531)
11-15-67 (Ord. 348.532)
12-06-67 (Ord. 348.533)
12-06-67 (Ord. 348.534)
02-21-68 (Ord. 348.545)
04-17-68 (Ord. 348.556)
01-27-69 (Ord. 348.609)
07-16-69 (Ord. 348.638)
10-15-69 (Ord. 348.636)
04-15-70 (Ord. 348.709)
09-23-70 (Ord. 348.777)
09-30-70 (Ord. 348.783)
03-24-71 (Ord. 348.861)

Amended Effective:
07-11-71 (Ord. 348.905)
08-25-71 (Ord. 348.910)
03-30-72 (Ord. 348.1009)
12-10-75 (Ord. 348.1481)
11-11-76 (Ord. 348.1536)
01-20-77 (Ord. 348.1540)
02-03-77 (Ord. 348.1545)
04-21-77 (Ord. 348.1564)
02-14-78 (Ord. 348.1626)
06-27-78 (Ord. 348.1658)
08-29-78 (Ord. 348.1664)
09-19-78 (Ord. 348.1667)
03-13-79 (Ord. 348.1688)
07-05-79 (Ord. 348.1697)
08-21-79 (Ord. 348.1717)
05-08-80 (Ord. 348.1785)
09-25-80 (Ord. 348.1855)
01-08-81 (Ord. 348.1901)
01-22-81 (Ord. 348.1908)
07-02-81 (Ord. 348.1951)
07-02-81 (Ord. 348.1965)

Amended Effective:
05-04-72 (Ord. 348.1023)
08-28-81 (Ord. 348.1989)
01-25-73 (Ord. 348.1125)
09-18-81 (Ord. 348.2001)
04-05-73 (Ord. 348.1173)
03-16-82 (Ord. 348.2074)
09-13-73 (Ord. 348.1201)
06-25-82 (Ord. 348.2087)
07-09-74 (Ord. 348.1348)
07-22-82 (Ord. 348.2088)
11-07-74 (Ord. 348.1377)
09-24-82 (Ord. 348.2103)
03-06-75 (Ord. 348.1411)
11-11-82 (Ord. 348.2104)
03-04-75 (Ord. 348.1435)
02-08-83 (Ord. 348.2160)
06-03-75 (Ord. 348.1457)
05-31-83 (Ord. 348.2156)
10-02-75 (Ord. 348.1469)
09-22-83 (Ord. 348.2219)
10-23-75 (Ord. 348.1468)
06-05-86 (Ord. 348.2580)

SECTION 18.41. COMMERCIAL WIND ENERGY CONVERSION SYSTEMS PERMITS (COMMERCIAL WECS PERMITS):

a. APPLICABILITY.

(1) Notwithstanding any other provision of this ordinance, commercial WECS or WECS arrays having a total rated power output of 100 kw or less are permitted in all zoning classifications provided a commercial WECS permit is granted pursuant to this section.

(2) Commercial WECS or WECS arrays having a total rated power output of more than 100 kw are permitted in the W-E Zone, and in the W-1 Zone provided a commercial WECS permit is granted pursuant to this section.

b. PROCEDURE. A public hearing shall be held on an application for commercial WECS permit in accordance with the provisions of Section 18.26 of this ordinance and all of the procedural requirements and rights of appeal as set forth therein shall apply. In addition to the notice of hearing provided under Section 18.26 of this ordinance, notice of hearing shall be given by mailing to all owners of real property which is located within one half mile of the exterior boundaries of the proposed project, as such owners are shown on the last equalized assessment roll and any update. The hearing body shall be the Planning Commission.

c. APPLICATION. Every application for a commercial WECS permit shall be made in writing to the Planning Director on the forms provided by the Planning Department and shall be accompanied by the filing fee set forth in County Ordinance No. 671. The permit application shall include the following information:

(1) Name and address of the applicant.

(2) Evidence that the applicant is the owner of the property involved or has written permission of the owner to make such application.

(3) A plot and development plan drawn in sufficient detail to clearly describe the following:

a) Physical dimensions of the property, existing structures, and proposed structures.

b) Location of existing and proposed structures.

c) Location of electrical lines and facilities.

d) Existing topography.

e) Proposed grading and removal of natural vegetation.

f) Wind characteristics and dominant wind direction is the direction from which 50 percent or more of the energy contained in the wind flows.

g) Setbacks.

h) Methods of circulation.

i) Ingress and egress identifying the following factors:

1. Location and distance to the nearest County maintained road;

2. A description of the access route from the nearest County maintained road to include:

a) Road surface material stating the type and amount of surface cover;

b) Width and length of access route;

c) Dust control procedures;

d) A road maintenance schedule or program.

e) Utilization of the property under the requested permit.

(4) Utility interconnection data and a copy of written notification to the utility of the proposed interconnection.

(5) Specific information on the type, size, height, rotor material, rated power output, performance, safety, and noise characteristics of each WECS model, tower and electrical transmission equipment.

(6) A geotechnical report that shall at a minimum include the following:

a) soils engineering and engineering geologic characteristics of the site based upon on-site sampling and testing.

b) foundation design criteria for all proposed structures.

c) slope stability analysis.

d) grading criteria for ground preparation, cuts and fills, soil compaction.

e) detailed fault hazard evaluation prepared by a California registered geologist or certified engineering geologist for WECS located within an Alquist-Priolo Special Studies Zone, County Fault Zone, or within 150 feet of any other active or potentially active fault.

Amended Effective:
11-30-95 (Ord. 348.3752)

f) seismic hazards evaluation to include regional seismicity, potential for strong groundshaking, and all appropriate primary and secondary seismic hazards.

g) recommendations regarding the need for automatic shutdown systems in event of groundshaking greater than the seismic design specifications of the WECS and tower.

(7) A location map to scale of all dwellings within 2 mile of the boundary of the property upon which the WECS are to be located.

(8) An analysis to reduce air navigation clutter on airport radar facilities.

(9) If the Planning Director determines it is necessary, the application shall be accompanied by a photograph or detailed drawing of each model of WECS including the tower and foundation; and one or more detailed computer or photographic simulation drawing showing the site fully developed with all proposed WECS and accessory structures.

(10) If the application includes any WECS with a total height over 200 feet or any WECS which is located within 20,000 feet of the runway of any airport, the application shall be accompanied by a copy of written notification to the Federal Aviation Administration.

(11) If the application includes any WECS which requires the approval of a greater height limit pursuant to Section 18.34 of this ordinance, the two applications shall be filed concurrently.

(12) An application including any WECS which is located within a two miles of any microwave communications link shall be accompanied by a copy of a written notification to the operator of the link.

(13) An application including any WECS which is located within a 100-year flood plain area, as such flood hazard areas are shown on the maps designated in County Ordinance No. 458, shall be accompanied by a detailed report which shall address the potential for wind erosion, water erosion, sedimentation and flooding, and which shall propose mitigation measures for such impacts.

(14) Such additional information as shall be required by the Planning Director.

d. STANDARDS AND DEVELOPMENT CRITERIA. No person shall erect or maintain a commercial WECS in the unincorporated area of the County of Riverside except in accordance with the following provisions.

(1) Safety Setbacks.

a. No commercial WECS shall be located where the center of the tower is within the distances indicated in the following table:

ABOVE GROUND ELECTRICAL TRANS-MISSION LINE OF MORE THAN 12 kV*	PUBLIC ROAD,PUBLIC HIGHWAY OR RAILROAD**	PUBLIC ROAD OR PUBLIC HIGHWAY CLASSED AS AN ARTERIAL OR GREATER WITH ADT OF 7,000 OR MORE***	LOT LINE ADJOINS A LOT ZONED W-E OR W-1	LOT LINE OF ANY LOT CONTAINING A HABITABLE DWELLING****	ALL OTHER LOT LINES
1.25 X TOTAL WECS HEIGHT*****	1.25 X TOTAL WECS HEIGHT	1.5 X TOTAL WECS HEIGHT or 500 feet whichever greater	1.1 X TOTAL WECS HEIGHT	3 X TOTAL WECS HEIGHT or 500 feet whichever greater	1.1 X TOTAL WECS HEIGHT

NOTES:

* Measured from the outer boundary of the public utility right of way or easement.

** Measured from the outer boundary of the public road/highway right of way or railroad right of way.

*** ADT means Average Daily Trips; based on traffic field measurements as determined by the Director of the Department of Transportation (Information: in 1999, public roads or highways with ADT of 7,000 or more included I-10, Hwy 62, Hwy 111 & Indian Avenue).

**** For the purposes of this subsection, a "habitable dwelling" shall be a dwelling which contains a kitchen and which is deemed fit for human occupancy as determined by the Director of the Department of Building and Safety.

***** Measurement of the WECS and tower with the blade of a horizontal WECS at 12 o'clock position; measurement of a vertical axis WECS shall be the height of the tower.

(2) Wind Access Setbacks.

a. No commercial WECS shall be located where the center of the tower is within a distance of five rotor diameters from a lot line that is perpendicular to and downwind of, or within 45 degrees of perpendicular to and downwind of, the dominant wind direction.

b. Notwithstanding the provisions of subsection a., above, such setbacks from lot lines do not apply if the application is accompanied by a legally enforceable agreement for a period of 25 years or the life of the permit, whichever is longer, that the adjacent landowner agrees to the elimination of the setback and will not develop his land in such a way as to decrease wind velocity or increase wind turbulence at the location of the proposed WECS. In addition the provisions of subsection a., above, regarding setbacks from lot lines do not apply if Planning Commission determines that the characteristics of the downwind property, such as, but not necessarily limited to, topography or use of such property as a transportation corridor, eliminate the ability to develop said downwind property with commercial WECS. Whenever a wind access setback reduction is proposed to the Planning Commission based on the characteristics of the downwind property, the wind access setback reduction shall be included in all notices regarding the commercial WECS permit, and, if granted, the commercial WECS permit shall specifically state the required alternative wind access setback.

(3) Scenic Resource Protection.

a. No commercial WECS array shall be located easterly of Indian Avenue or northerly of Pierson Boulevard and its extension westerly of Highway 62.

b. No commercial WECS array shall be located southerly of Highway 111 within Sections 9, 16 and 21, T3S, R3E, SBBM.

c. No commercial WECS shall be located where the center of the tower is within the distances indicated in the following table:

I-10 easterly of Highway 111	State Highway 111 south of I-10 and north of the City of Palm Springs	All other state or county eligible or designated scenic highways*
SCENIC SETBACKS
WECS total height of 150 feet or less: 500 foot setback	2/3 mile setback	1/4 mile setback
WECS total height of more than 150 feet: 1000 foot setback

NOTES:

* Scenic highways are those designated in the Scenic Highway Element of the Comprehensive General Plan (Information: in 1999, other designated scenic highways included Hwy 62, I-10 westerly of Highway 111 and Whitewater Canyon Road), and, for the purpose of this subsection, Snow Creek Road.

d. The setback specified in subsection c., above, shall be measured from the outer boundary of the public right of way of the designated highway.

e. Notwithstanding the provisions of subsection c., above, the setbacks therein specified may be reduced to 1.25 times the total WECS height if the Planning Commission determines that the characteristics of the surrounding property eliminate or substantially reduce considerations of scenic value. Whenever a setback reduction is proposed pursuant to this subsection, the setback reduction shall be included in all notices regarding the commercial WECS permit, and, if granted, the commercial WECS permit shall specifically state the required setback.

(4) Safety and Security.

a. Fencing or other appropriate measures shall be required to prevent unauthorized access to the WECS or WECS array.

b. Guy wires shall be distinctly marked.

c. Signs in English and Spanish warning of the electrical and other hazards associated with the WECS shall be posted at the base of each tower and on fences or barriers.

d. Horizontal-axis WECS. The lowest extension of the rotor of a horizontal-axis WECS shall be at least 25 feet from the ground.

e. Vertical-axis WECS. A fence or other barrier shall be elected around a vertical-axis WECS whose rotors are less than 15 feet from the ground.

f. A security patrol or other security measure may be required if specified within the conditions of approval of a commercial WECS permit.

(5) Seismic Safety. All WECS including the tower, foundation and accessory structures, shall comply with the requirements of the applicable seismic zone of the Uniform Building Code, the applicable groundshaking zone in the Riverside County Comprehensive General Plan, and with the seismic design recommendation in an approved geotechnical report on the project.

(6) Fire Protection. Upon recommendation of the County Fire Department, commercial WECS and WECS arrays shall include fire control and prevention measures. No construction permit shall be issued for any human occupancy structure upon the property containing commercial WECS and WECS arrays without first establishing fire protection requirements; this requirement includes the establishment of a minimum fire flow per Riverside County Ordinance No. 787. Additional measures required for fire control and prevention shall be stated in the conditions of approval of a commercial WECS permit, and such measures may include, but are not limited to, the following:

a. Areas indicated below to be cleared of vegetation and maintained as a fire/fuel break as long as the WECS or WECS array is in operation:

(1) Thirty (30) feet around the periphery of the WECS or WECS array; access driveways and roads that completely surround the project may satisfy this requirement as approved by the County Fire Department.

(2) Ten (10) radius feet around all transformers and WECS towers and their foundations.

(3) Thirty (30) feet around all buildings.

(4) All buildings or equipment enclosures of substantial size containing control panels, switching equipment, or transmission equipment, without regular human occupancy, shall be equipped with an automatic fire extinguishing system of a Halon or dry chemical type, as approved by the County Fire Department.

b. Service vehicles assigned to regular maintenance or construction at the WECS or WECS array shall be equipped with a portable fire extinguisher of a 4A40 BC rating.

c. All motor driven equipment shall be equipped with approved spark arrestors.

(7) Interconnection and Electrical Distribution Facilities. All distribution lines, electrical substations, and other interconnection facilities shall be constructed to the specifications of the utility. Interconnection shall conform to procedures and standards established by the Federal Energy Regulatory Commission, the California Independent System Operator and/or the California Public Utilities Commission, as applicable.

(8) Unsafe and Inoperable WECS.

a. Unsafe commercial WECS, inoperable commercial WECS, and commercial WECS for which the permit has expired shall be removed by the owner. All safety hazards created by the installment and operation of the WECS shall be eliminated and the site shall be restored to its natural condition to the extent feasible. A bond or other appropriate form of security may be required to cover the cost of removal and site restoration.

b. Every unsafe commercial WECS and every inoperable commercial WECS is hereby declared to be a public nuisance which shall be subject to abatement by repair, rehabilitation, demolition, or removal in accordance with the procedure contained in Section 3 of County Ordinance No. 457. Every commercial WECS shall be subject to the provisions of this subsection commencing with the date of issuance of final building permit inspection approval. An inoperable commercial WECS shall not be considered a public nuisance provided the owner can demonstrate that modernization, rebuilding or repairs are in progress or planned and will be completed within no more than six months.

(1) A commercial WECS constructed pursuant to a commercial WECS permit with an effective date prior to July 23, 1985, shall be deemed inoperable if it has not generated power for 12 consecutive months.

(2) A commercial WECS permit constructed pursuant to a commercial WECS permit with an effective date on or after July 23, 1985, shall be deemed inoperable if it has not generated power within the preceding two calendar quarters equal to at least 60 percent of the total "Projected Quarterly Production Per Turbine (kWh)" for the two calendar quarters. As used herein, the term "Projected Quarterly Production Per Turbine (kWh)" shall be defined as provided in Section 1382 of Title 20 of the California Administrative Code.

c. All notices required under Section 3 of County Ordinance No. 457 shall also be given to the concerned utility.

(9) Interference with Navigational Systems.

a. No commercial WECS or WECS array shall be installed or operated in a manner that causes interference with the operation of the VORTAC installation on Edom Hill.

b. All WECS siting shall comply with Federal Aviation Administration regulations for siting structures near an airport or VORTAC installation.

c. All WECS shall include a locking mechanism which prevents the blades from rotating when not producing power, in order to limit airport radar interference or "clutter". The Planning Commission may modify or eliminate the requirement for a locking mechanism if sufficient evidence is presented that no significant airport radar interference or "clutter" will be caused by the WECS or WECS array.

(10) Site Disruption. Prior to the issuance of building permits for a commercial WECS development, all areas where significant site disruption is proposed shall be temporarily marked off. All construction activities shall be limited to the areas marked off.

(11) Certification.

a. The foundation, tower and compatibility of the tower with the rotor and rotor-related equipment shall be certified in writing by a structural engineer registered in California that they conform with good engineering practices and comply with the appropriate provisions of the Uniform Building Code that have been adopted by the County.

b. The electrical system shall be certified in writing by an electrical engineer, registered in California, that it conforms with good engineering practices and complies with the appropriate provisions of the National Electrical Code that have been adopted by the County.

c. The rotor overspeed control system shall be certified in writing by a mechanical engineer, registered in any state, that it conforms with good engineering practices.

(12) Noise.

a. Permit Approval.

1. A commercial WECS permit shall not be granted unless the applicant demonstrates that the proposed WECS or WECS array complies with the setbacks requiring no acoustical studies as set forth in subsection d.(12)a.2, below, or that the projected WECS noise level will comply with the noise standards as set forth in Subsection d.(12)a.3, below. The projected WECS noise level is the level of noise projected to be produced by all commercial WECS proposed under the permit application and shall be calculated in accordance with the technical specifications and criteria adopted pursuant to Subsection d.(12)c, below. A variance from this property development standard may be granted pursuant to the provisions of Section 18.27 of this ordinance.

2. WECS array setbacks requiring no acoustical studies. WECS arrays with 10 or fewer WECS (comprised of WECS designed "in accordance with proven good engineering practices") set back (where each WECS in the array are) 2,000 feet or more from the nearest receptor as set forth in subsection d.(12)a.5, below, shall be permitted without an acoustical study. WECS arrays with more than 10 WECS (comprised of WECS designed "in accordance with proven good engineering practices") can qualify for this condition if each WECS in the array is set back 3,000 feet or greater. WECS designed with the following characteristics shall be deemed "in accordance with proven good engineering practices": at least 3 blades; upwind rotor; no furling; tapered and twisted blades; airfoils designed to stall softly (defined in technical specifications and criteria adopted pursuant to Subsection d(12)c, below). WECS arrays approved under this subsection shall have noise standards as set forth in subsection d.(12)a.3, below.

3. Noise Standards. The projected WECS noise level to each receptor (as set forth in Subsection d.(12)a.5, below) shall be at or below 55 dB,A weighted (unless at setback distances as set forth in Subsection d.(12)a.2, above, are adhered to).

4. The noise standard set forth in Subsection d.(12)a.3. above, shall be reduced by five dB(A) where it is projected that pure tone noise will be generated. A pure tone shall exist if the one-third octave band sound pressure level in the bandwidth of the tone exceeds the arithmetic average of the sound pressure levels on the two contiguous one-third octave bands by five dB for center frequencies of 500 Hz and above, and 8 dB for center frequencies between 160 and 400 Hz, and by 15 dB for center frequencies less than or equal to 125 Hz.

5. Receptor (the point of measurement) for the calculation of the WECS noise level projected pursuant to Subsection d.(12)a.1. above shall be determined as follows:

a) Existing structuresin the vicinity of the commercial WECS project property which are actually used as a "habitable" dwelling, hospital, school, library, or nursing home shall be identified.

b) The point of measurement shall be a point ten (10) feet from the outer wall, or equivalent distance, from the WECS being measured to any "habitable"dwelling, hospital, school, library or nursing home.

6. Low Frequency Noise Criteria. Where acoustical studies are required, and the WECS are not designed in "accordance with proven good engineering practices" as defined in subsection d.(12)a.2., above, the low frequency noise shall not exceed the following at a receptor: 75 dB,C weighted (5 to 100 hertz) or Predicted C(PC) for nonimplusive WECS. 67 dB,C weighted (5 to 100 hertz) or PC for impulsive WECS (as defined in technical specification and criteria adopted pursuant to Subsection d.(12)c., below). WECS array low frequency impacts shall be calculated in accordance with technical specifications and criteria adopted pursuant to subsection d.(12)c, below.

b. Operations.

1. Unless the conditions of approval provide a more restrictive standard, a commercial WECS or WECS array shall not be operated so that noise is created exceeding 60 dB(A) where the point of measurement is a point ten (10) feet from the outer wall, or equivalent distance, from the WECS being measured to any "habitable" dwelling, hospital, school, library or nursing home.

2. A commercial WECS or WECS array shall not be operated so that impulsive sound below 20 Hz adversely affects the habitability or use of any dwelling unit, hospital, school, library, or nursing home.

c. All noise measurements and noise projections shall be made in accordance with the technical specifications and criteria developed by the County Health Services Agency and adopted by resolution of the Board of Supervisors.

d. A toll-free telephone number shall be maintained for each commercial WECS project and shall be distributed to surrounding property owners to facilitate the reporting of noise irregularities and equipment malfunctions.

(13) Electrical Distribution Lines.

a. Electrical distribution lines on the project site shall be undergrounded up to the low voltage side of the step-up transformer or to the utility interface point of an on-site substation.

b. Any electrical distribution line of less than 34 kv, not subject to the jurisdiction of the California Public Utilities Commission, which is located within one mile of a state scenic highway or a highway designated in the scenic highway element of the General Plan, or within an area designated by the Planning Director as visually critical or very critical, shall be installed underground if such installation is feasible.

(14) Monitoring. Upon reasonable notice, County officials or their designated representatives may enter a lot on which a commercial WECS permit has been granted for the purpose of monitoring noise environmental impacts, and other impacts which may arise. Twenty-four hours advance notice shall be deemed reasonable notice.

(15) Height Limits. A commercial WECS or WECS array shall conform to height limits of the zoning classification in which it is located. A lower height limit may be imposed as a condition of a commercial WECS permit.

(16) Development Impacts. A one time fee and a requirement to provide public works or services may be imposed as a condition of a commercial WECS permit. Such exactions must be related to the public need created by the energy development. The purposes for which the permit exaction may be used include, but are not limited to, providing roads required by the wind development, and establishing and operating a monitoring system, a visitor center that is primarily oriented toward wind development and a wind energy information program for local residents.

(17) Signs. No advertising sign or logo shall be placed or painted on any commercial WECS. A commercial WECS permit may permit the placement of no more than two advertising signs relating to the development on the project site, but no such sign shall exceed 15 square feet in surface area or eight feet in height.

(18) Color and Finish of WECS. All commercial WECS shall be either light environmental colors (such as white, beige, or tan), or darker fully saturated colors (such as dark blue, maroon, rust red, or dark green), or galvanized. All commercial WECS shall have a matte or galvanized finish which weathers to a lusterless condition within six (6) months unless such finish adversely affects the performance of the WECS or other good cause is shown to permit any other finish.

(19) Contingent Approval. A commercial WECS permit may be granted subject to necessary approvals from the Federal Aviation Administration or other approving authorities and utility acceptance of any electrical interconnection.

(20) General Conditions. The County may impose conditions on the granting of a commercial WECS permit in order to achieve the purposes of this ordinance and the General Plan and to protect the health, safety or general welfare of the community.

(21) Findings. The following findings shall be made in writing prior to granting a commercial WECS permit:

a. The project will be consistent with the Comprehensive General Plan.

b. The project will not be detrimental to the health, safety or general welfare of the community.

c. The project site is or will be adequately served by roads and other public or private service facilities.

(22) Notification. Upon approval of a commercial WECS permit, the Planning Department shall provide written notice to the California Energy Commission and the concerned utility.

Amended Effective:
09-24-99 (Ord. 348.3884)

e. USE OF PERMIT.

(1) Any commercial WECS permit that is granted shall be used within two years from the effective date thereof, or within such additional time as may be set in the conditions of approval, which shall not exceed a total of five years; otherwise, the permit shall be null and void. Notwithstanding the foregoing, if a permit is required to be used within less than five years, the permittee may, prior to its expiration, request an extension of time in which to use the permit. A request for extension of time shall be made to the Board of Supervisors, on forms provided by the County Planning Department and shall be filed with the Planning Director, accompanied by the fee set forth in County Ordinance No. 671. Within 30 days following the filing of a request for an extension, the Planning Director shall review the application, make a recommendation thereon, and forward the matter on the regular agenda of the Board of Supervisors. An extension of time may be granted by the Board of Supervisors upon a determination that valid reason exists for permittee not using the permit within the required period of time. If an extension is granted, the total time allowed for use of the permit shall not exceed a period of five years, calculated from the effective date of the issuance of the permit. The term "use" shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion.

(2) Life of Permit. A commercial WECS permit shall be valid for the useful life of the WECS included in the permit. The life of the permit shall be determined at the time of approval and shall not exceed 30 years.

(3) (Deleted - 348.2686)

f. REVOCATION OF PERMIT. A commercial WECS permit may be revoked pursuant to Section 18.31 of this ordinance.

Added Effective:
11-11-82 (Ord. 348.2104)

Amended Effective:
05-12-83 (Ord. 348.2174)
10-13-83 (Ord. 348.2218)
08-02-84 (Ord. 348.2338)
08-22-85 (Ord. 348.2500)
11-12-85 (Ord. 348.2534)
06-05-86 (Ord. 348.2592)
07-23-87 (Ord. 348.2686)
05-24-89 (Ord. 348.3029)
10-05-93 (Ord. 348.3567)
09-24-99 (Ord. 348.3884)

NOTE: This ordinance is an urgency ordinance necessary for the immediate preservation of the public peace, health, or safety and shall go into immediate effect pursuant to Section 25123 of the Government Code. It is necessary for this ordinance to take effect immediately in that some may be approved commercial WECS be unable to meet the previously enacted minimum standard for power production even though such commercial WECS are fully operable, thereby impeding the timely development of otherwise acceptable commercial WECS projects.

SECTION 18.42. ACCESSORY WECS PERMITS.

a. APPLICABILITY. Notwithstanding any other provision of this ordinance, an accessory wind energy conversion system (WECS) may be permitted in any zone classification provided that an accessory WECS permit is granted pursuant to the provisions of this section.

b. PROCEDURE. Applications and permit approval for an accessory WECS permit shall be governed by all the provisions of Section 18.30 of this ordinance and of this section.

c. APPLICATION. Applications for an accessory WECS permit shall be made in writing to the Planning Director on the forms provided by the County Planning Department and shall be accompanied by the filing fee set forth in County Ordinance No. 671. In addition to the information specified in Section 18.30 of this ordinance, the permit application shall include the following:

(1) A photograph or detailed drawing of the WECS including the tower.

(2) Specific information on the WECS including: type, size, rated power output, rotor material, performance, safety, and noise characteristics.

(3) Specific information on the type, height, and material of the tower.

(4) Proof of notification to the utility of the proposed interconnection.

(5) Dominant wind direction at the site. Dominant wind direction is the direction from which 50 percent or more of the energy contained in the wind flows.

(6) If the WECS requires approval of a greater height limit pursuant to Section 18.34 of this ordinance, the two applications shall be filed concurrently.

d. REQUIREMENTS FOR APPROVAL. No accessory WECS permit shall be approved unless it complies with the following standards:

(1) The WECS rotor shall clear the ground by at least 15 feet.

(2) Safety Setbacks.

a) No accessory WECS shall be located where the center of the tower is within the distance indicated in the following table:

ABOVE-GROUND ELECTRICAL TRANS-MISSION LINE OF MORE THAN 12 kv*	PUBLIC ROAD, PUBLIC HIGHWAY OR RAILROAD**	PUBLIC ROAD OR PUBLIC HIGHWAY CLASSED AS AN ARTERIAL OR GREATER WITH ADT OF 7,000 OR MORE***	LOT LINE ADJOINS A LOT ZONED W-E OR W-1	LOT LINE OF ANY LOT CONTAINING A HABITABLE DWELLING****	ALL OTHER LOT LINES
1.25 X TOTAL WECS HEIGHT*****	1.25 X TOTAL WECS HEIGHT	1.5 X TOTAL WECS HEIGHT	1.1 X TOTAL WECS HEIGHT	3 X TOTAL WECS HEIGHT	1.25 X TOTAL WECS HEIGHT

NOTES:
* Measured from the outer boundary of the public utility right of way or easement.

** Measured from the outer boundary of the public road/highway right of way or railroad right of way.

*** ADT means Average Daily Trips; based on traffic field measurements as determined by the Director of the Department of Transportation (Information: in 1999, public roads or highways with ADT of 7,000 or more included I-10, Hwy 62, Hwy 111 & Indian Avenue).

**** For the purposes of this subsection, a "habitable dwelling" shall be a dwelling which contains a kitchen and which is deemed fit for human occupancy as determined by the Director of the Department of Building and Safety.

***** Measurement of the WECS and tower with the blade of a horizontal WECS at 12 o'clock position; measurement of a vertical axis WECS shall be the height of the tower.

(3) Wind Access Setbacks.

a) No accessory WECS shall be located where the center of the tower is within a distance of five rotor diameters from a lot line that is perpendicular to and downwind of, or within 45 degrees of perpendicular to and downwind of, the dominant wind direction.

b) Notwithstanding the provisions of subsection a., above, such setbacks from lot lines do not apply if the application is accompanied by a legally enforceable agreement for a period of 25 years or the life of the permit, whichever is longer, that the adjacent landowner agrees to the elimination of the setback and will not develop his land in such a way as to decrease wind velocity or increase wind turbulence at the location of the proposed accessory WECS. In addition the provisions of subsection a., above, regarding setbacks from lot lines do not apply if the Planning Director determines that the characteristics of the downwind property, such as, but not necessarily limited to, topography or use of such property as a transportation corridor, eliminate the ability to develop said downwind property with WECS. Whenever a wind access setback reduction is proposed to the Planning Director based on the characteristics of the downwind property, the wind access setback reduction shall be included in all notices regarding the accessory WECS permit, and, if granted, the accessory WECS permit shall specifically state the required alternative wind access setback.

(4) Access to the WECS shall be restricted by one or more of the following means:

a) Tower-climbing apparatus located no closer than 12 feet from the ground; or

b) A locking anticlimb device installed on the tower; or

c) Enclosure of the tower by a fence at least six feet high with locking portals.

(5) Anchor points for guy wires shall be located within the lot lines and shall be enclosed by a fence at least six feet high. Guy wires shall not cross any above ground electric transmission or distribution line.

(6) The WECS shall comply with Federal Aviation Administration (FAA) regulations regarding air traffic interference and with all other applicable federal and state laws.

(7) The WECS shall be constructed to withstand the predicted seismically induced ground shaking.

(8) All distribution lines and other interconnection facilities shall be constructed to the specifications of the utility. Interconnection shall conform to procedures and standards established by the Federal Energy Regulatory Commission, the California Independent System Operator and/or the California Public Utilities Commission, as applicable.

(9) (Reserved).

(10) Electrical distribution lines shall be buried underground. Signs warning of high voltage electricity in English and Spanish shall be posted on non-moving portions of the WECS or its tower at a height of three to five feet above the ground.

(11) The WECS shall not be operated in a manner that causes communications interference. In the event that communications interference is caused by the WECS, the operator shall take the necessary steps to remedy the situation or shall terminate operation.

(12) The WECS shall not create noise beyond the lot containing the WECS which exceeds 60 db(A) as measured at a point ten (10) feet from the outer wall, or equivalent distance, to any "habitable" dwelling, hospital, school, library or nursing home.

(13) The foundation, tower and compatibility of the tower with the rotor and rotor related equipment shall be certified in writing by a structural engineer registered in California, that they conform with good engineering practices and comply with the appropriate provisions of the Uniform Building Code that have been adopted by the County. The electrical system shall be certified in writing by an electrical engineer, registered in California, that it conforms to good engineering practices and complies with the appropriate provisions of the electrical code adopted by the County. The mechanical system shall be certified in writing by a mechanical engineer, registered in any state, that it conforms to good engineering practices and complies with appropriate provisions of the mechanical code adopted by the County. As an alternative to certification of the mechanical system as provided above, the applicant may present a statement from either a registered engineer or an independent testing laboratory recognized by the County that the system complies with standards developed by the American Wind Energy Association or other accepted standards organization.

(14) Every unsafe accessory WECS and every accessory WECS which has been inoperable for six months is hereby declared to be a public nuisance which shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure contained in Section 3 of County Ordinance No. 457. All notices required by Section 3 of County Ordinance No. 457 shall also be given to the concerned utility.

(15) The WECS shall comply with all applicable provisions of the National Electrical Code including, but not limited to, Article 250 (Grounding).

(16) Notwithstanding any other provision of this ordinance, an accessory WECS with a total height of 80 feet or less may be permitted in any zone classification.

Amended Effective:
09-24-99 (Ord. 348.3884)

e. APPROVAL PERIOD. The approval of an Accessory WECS permit shall be valid for a period of two years from its effective date, within which time the construction authorized must be substantially begun or the WECS be in use; otherwise, the approval shall be void and of no further effect.

f. REVOCATION OF PERMIT. An accessory WECS permit may be revoked pursuant to Section 18.31 of this ordinance.

SECTION 18.42a. APPLICATIONS FOR MODIFICATIONS TO APPROVED COMMERCIAL AND ACCESSORY WECS PERMITS. A request for approval of a modification to an approved wind energy conversion system (WECS) permit, shall be made in accordance with the provisions of this section. A modification under this section means a request for a determination of substantial conformance or a revised permit as further defined herein.

a. APPLICATIONS. Applications for substantial conformance or a revised permit shall be filed in writing with the Planning Director, shall be accompanied by the applicable fee set forth in County Ordinance No. 671, and shall include the following:

(1) All information required under this ordinance for the filing of a new WECS permit application, unless the Planning Director determines that the information is duplicative of information previously filed in connection with the approved WECS permit or the Planning Director otherwise waives the information requirement.

(2) A statement explaining the proposed modification and the reason the modification has been requested.

(3) A list of names and addresses of all owners of real property located within one half mile of the exterior boundaries of the proposed project as shown on the last equalized assessment roll and any update issued by the County Assessor.

(4) A study comparing the cumulative effect of the approved WECS permit on surrounding properties and the cumulative effect of the proposed modification on those same properties. The study shall at a minimum discuss the following issues: height, rotor diameter, turbine noise, and total turbine number.

(5) An efficiency study comparing the electrical output of the approved WECS permit and the proposed modification.

(6) A removal/abandonment plan if the proposed modification calls for the removal of installed WECS.

(7) Such additional information as shall be required by the Planning Director.

b. SUBSTANTIAL CONFORMANCE. Substantial conformance means a modification of an approved WECS permit which does not increase the density or intensity of the approved use, which does not increase the number of WECS, which does not result in more environmental impacts than the approved use and which does not have a greater cumulative effect on surrounding property than the approved use.

The following shall constitute substantial conformance:

(1) The replacement of WECS installed or authorized pursuant to an approved WECS permit when:

a) The replacement WECS meet the noise standards set forth in Resolution No. 93-378;

b) The total number of replacement WECS will be at least 25 percent less than the number originally permitted;

c) The replacement WECS will be no greater than 200 feet high measured at the highest point in the arc of the blades; and

d) WECS installed or authorized within 1200 feet of a residence will be removed, or, in the alternative, such residences are within areas designated "Desert" or "Mountainous" on the Western Coachella Valley Plan and the Planning Director determines that the owners of such residences have waived the 1200 foot requirement in writing.

(2) The replacement or alteration of all or part of the major component systems of WECS installed or authorized pursuant to an approved WECS permit when:

a) The modified WECS meet the noise standards set forth in Resolution No. 93-378;

b) Rotor diameter of the modified WECS will not be increased by more than 50 percent of its prior size;

c) The replacement WECS will be no greater than 200 feet high measured at the highest point in the arc of the blades; and

1. Other replacement or alteration proposals which fall within the definition of substantial conformance set forth above.

2. Modifications necessary to comply with final conditions of approval; or

3. Modifications to lighting, parking, fencing or landscaping requirements.

c. REVISED PERMITS. Revised permit means a modification of an approved WECS permit which does not change the basic concept or use allowed by the original approval. A revised permit may include, but is not limited to, on-site reorientation of structures, replacements of WECS, that do not constitute substantial conformance, movement of or alterations to signs, changes to the original conditions of approval that do not constitute to substantial conformance, including extensions to the overall life of the permitted use, increases in the density or intensity of the permitted use or increases in the number of WECS. Applications for extensions of time shall be subject to any restrictions set forth in this ordinance as to the maximum overall life of the original permit.

d. PROCEDURE.

(1) Substantial Conformance.

a) The Planning Director shall approve, conditionally approve or disapprove an application for substantial conformance within 30 days after accepting a completed application. The Planning Director's determination shall be based upon the standards of this section and those standards set forth in the ordinance governing approval of the original application and the conditions of approval applicable to the approved WECS permit. An application for substantial conformance shall not require a public hearing. Notice of the decision shall be filed by the Planning Director with the Clerk of the Board of Supervisors not more than 15 days after the decision. A copy of the notice of decision, including the original conditions of approval which remain in effect unless expressly modified and any additional conditions of approval, shall be mailed to the applicant, and to any person who has made written request for a copy of the decision, and to all owners of real property which is located within one half mile of the exterior boundaries of the project, as such owners are shown on the last equalized tax roll and any update. The Clerk of the Board shall place the notice of decision on the next agenda of the Board of Supervisors held five or more days after the Clerk receives the notice from the Planning Director.

b) The decision of the Planning Director is considered final and no action by the Board of Supervisors is required unless, within ten days after the notice of decision appears on the Board of Supervisors' agenda, the applicant or an interested person files an appeal, accompanied by the fee set forth in County Ordinance No. 671, with the Clerk of the Board or unless the Board of Supervisors assumes jurisdiction by ordering the matter set for public hearing. If a timely appeal is filed or the Board of Supervisors assumes jurisdiction, the Clerk of the Board shall set the matter for public hearing before the Board of Supervisors not less than 13 nor more than 60 days thereafter and shall give notice of the time and place of the hearing in the same manner as the notice was given by the Planning Director of the notice of decision.

c) The Board of Supervisors shall hear the matter de novo; however, the documents and other evidence presented to the Planning Director shall be a part of the Board of Supervisors record at its hearing on the matter. The Board of Supervisors shall hear relevant testimony from interested persons and within a reasonable time after the close of the hearing, make its decision sustaining, reversing or modifying the decision of the Planning Director.

(2) Revised Permit. An application for revised permit shall be approved, conditionally approved or disapproved in accordance with the procedures for processing an original permit, including any requirements for public hearing, notice of hearing, and all rights of appeal. A revised permit shall meet the development standards applicable to a new WECS permit; provided, however, that a revised permit may be approved subject to lower development standards where the applicant demonstrates that such approval will reduce adverse impacts on residential properties.

e. APPROVAL PERIOD. The approval of an application for substantial conformance or revised permit shall be valid until the expiration of the original permit, unless an extension of time has been granted by an approved revised permit.

f. Notwithstanding any provision herein to the contrary, an application for substantial conformance may be approved only if the proposed modification is exempt from the provisions of the California Environmental Quality Act.

Amended Effective:
11-11-82 (Ord. 348.2104)
04-12-83 (Ord. 348.2174)
08-22-85 (Ord. 348.2500)
07-23-87 (Ord. 348.2686)
10-05-93 (Ord. 348.3567)
10-18-94 (Ord. 348.3613)

SECTION 18.43. APPLICATIONS FOR MODIFICATIONS TO APPROVED PERMITS. A request for approval of a modification to an approved plot plan, conditional use permit, public use permit, second unit permit, mobilehome permit under Article XIXb. of this ordinance, or variance, shall be made in accordance with the provisions of this section. A modification under this section means a determination of substantial conformance or a request for a revised permit as further defined herein. These provisions shall not be applicable to wind energy conversion system permits.

a. APPLICATIONS. Applications for substantial conformance or revised permit shall be filed in writing with the Planning Director, accompanied by the fees as set forth in County Ordinance No. 671, and shall include the following:

(1) All information required under this ordinance for the filing of a new application for the permit sought to be modified, unless the requirement is waived by the Planning Director.

(2) A statement explaining the proposed modification and the reason the modification has been requested.

(3) A list of names and addresses of all owners of real property as required by the County, and such additional names and addresses required in order to conform with the notification requirements for processing a permit if the application requires a public hearing.

(4) Such additional information as shall be required by the Planning Director.

b. REQUESTS FOR SUBSTANTIAL CONFORMANCE.

(1) A substantial conformance is a request for a non-substantial modification of an approved permit which does not change the original approval or the effect of the approval on surrounding property. A substantial conformance may include, but is not limited to the following:

a) Modifications for upgrading facilities.

b) Modifications for compliance with the requirements of other public agencies.

c) Modifications necessary to comply with the final conditions of approval.

d) Modifications to on-site circulation and parking, lighting, fencing or walls (placement and/or height), landscaping and/or signage requirements, provided said modifications, as determined by the Planning Director, will have no adverse effect upon public health, safety, welfare, and/or the environment.

(2) In the case of wireless communication facilities, a substantial conformance is a request for a non-substantial modification of an existing wireless communication facility that does not do any of the following:

a) Increase the height of the facility.

b) Increase the lease area by more than one thousand (1,000) square feet.

c) Enlarge the lease area such that it is closer than twenty-five (25) feet to the nearest residential property line.

d) Propose an additional facility that is larger than the existing facility or that is substantially different from the existing facility."

Amended Effective:
12-16-03 (Ord. 348.4147)

(3) Notwithstanding any provision herein to the contrary, an application for substantial conformance may be approved only if the proposed modification is exempt from the provisions of the California Environmental Quality Act.

c. REVISED PERMITS. A revised permit means a modification of an approved permit which does not change the basic concept or use allowed by the original approval. A revised permit may include, but is not limited to, a significant increase in intensity of the approved use, changes resulting in significant adverse effects, expansion within the approved permit area, and changes to the original conditions of approval, including extensions to the overall life of the permitted use, as determined by the Planning Director.

d. PROCESSING PROCEDURES.

(1) Substantial Conformance. The Planning Director shall approve, conditionally approve or disapprove an application for substantial conformance within 30 days after accepting a completed application and give notice by mail of the decision, including any additional conditions of approval, to the applicant and any other person who has filed a written request for notice.

a)The Planning Director's determination shall be based upon the standards of this section and those standards set forth in this ordinance for the approval of an original application.

b) An application for substantial conformance shall not require a public hearing.

(2) Revised Permit. An application for a revised permit shall be approved, conditionally approved or disapproved in accordance with the procedures for processing an original permit, including any requirements for public hearing, notice of hearing, and all rights of appeal. A revised permit shall be subject to the development standards applicable to approval of a new permit.

Added Effective:
10-17-85 (Ord. 348.2516)
07-23-87 (Ord. 348.2687)

Amended Effective:
07-04-96 (Ord. 348.3773)

SECTION 18.44. HAZARDOUS WASTE FACILITY SITING PERMIT.

a. STATEMENT OF INTENT AND POLICY. Because of the increasing problems associated with the disposal of hazardous wastes within the County of Riverside, it is necessary to provide specific requirements applicable to the siting or expansion of a hazardous waste facility in order to safeguard life, health, property and the public welfare.

b. APPLICABILITY.

(1) A hazardous waste facility is permitted in the M-H (Manufacturing-Heavy) Zone provided a hazardous waste facility siting permit is first granted pursuant to this section.

(2) As used herein, the terms "hazardous waste" and "extremely hazardous waste" shall include any wastes now or hereafter defined as hazardous or extremely hazardous by applicable provisions of the Hazardous Waste Control Law (Health and Safety Code Section 25100 et seq.) and the regulations adopted thereunder. As used herein, the term "hazardous waste" shall not include any "extremely hazardous waste".

(3) As used herein, the term "hazardous waste facility" shall include any off-site facility at which hazardous waste is treated, stored, transferred, handled or disposed of, including but not limited to:

a) Incineration facilities such as rotary kiln or fluidized bed incinerators;

b) Residuals repositories;

c) Stabilization or solidification facilities;

d) Chemical oxidation facilities;

e) Neutralization or precipitation facilities;

f) Transfer or storage facilities.

(4) No application for a permit to site a hazardous waste facility shall be accepted, which application proposes to treat, store, transfer, handle or dispose of extremely hazardous waste at the proposed facility, nor shall any hazardous waste facility which is issued a siting permit pursuant to this section at any time accept any extremely hazardous waste for treatment, storage, transfer, handling or disposal.

c. PROCEDURE.

(1) A public hearing shall be held on an application for a hazardous waste facility siting permit in accordance with the provisions of Section 18.26 of this ordinance, and except as otherwise expressly provided herein, all of the procedural requirements and rights of appeal as set forth therein shall apply. The hearing body shall be the Planning Commission.

(2) In addition to the notice of hearing provided under Section 18.26, notice of hearing on an application for a hazardous waste facility siting permit shall be given by mail at least ten days prior to the hearing to:

a) All owners of real property which is located within five miles of the exterior boundaries of the subject property as such owners are shown on the last equalized assessment roll and any update; and

b) All registered voters residing within five miles of the exterior boundaries of the subject property.

(3) No application for a hazardous waste facility siting permit shall be approved unless an environmental impact report is completed in accordance with the California Environmental Quality Act (CEQA) and the Riverside County Rules Implementing CEQA.

d. APPLICATION. Every application for a hazardous waste facility siting permit shall be made in writing to the Planning Director on the forms provided by the Planning Department and shall be accompanied by the filing fee as set forth in County Ordinance No. 671. The permit application shall include the following information:

(1) Name and address of the applicant.

(2) Evidence that the applicant is the owner of the property involved or has written permission of the owner to make such application.

(3) A plot and development plan drawn in sufficient detail to clearly describe the following:

a) Physical dimensions of property and structures.

b) Location of existing and proposed structures.

c) Setbacks.

d) Methods of circulation.

e) Ingress and egress.

f) Utilization of property under the requested permit.

g. The distance from the project property line to the nearest residential structure.

h. Proximity of the project to 100-year flood prone areas.

i. Proximity of the project to any known earthquake fault zones.

j. The relationship of the proposed project to all aboveground water supplies and all known underground aquifers that might suffer contamination.

k. Topographic description of the property and surrounding area.

l. A preliminary geological study of the property and the surrounding area including a soils analysis extending to all known aquifers, regardless of the potability of the waters of those aquifers.

m. Existing and proposed utilities which will be required to service the facility.

(1) Identification of all wastewater, treated and untreated, which will be generated by the proposed facility and the method and place of final discharge.

(2) An analysis of all visual, noise and olfactory impacts associated with the project and proposed mitigation measures.

(3) An analysis of all air quality impacts associated with the project and proposed mitigation measures to insure no degradation of air quality in the area.

(4) Identification of any rare or endangered species of plants or animals within the project site and proposed impact mitigation measures.

(5) Identification of the amounts, sources, and types of hazardous wastes to be treated, stored, transferred, handled or disposed of at the proposed facility; the ultimate disposition of the wastes; and the anticipated life of the facility. Information as to the amounts, sources, and types of hazardous wastes shall be based on an actual survey of the industries to be served and shall be representative of the wastes that will be processed at the facility.

(6) Three sets of mailing labels for all owners of real property located within five miles of the exterior boundaries of the subject property, as such owners are shown on the last equalized assessment roll and any update; and three sets of mailing labels for all registered voters residing within five miles of the exterior boundaries of the subject property. These mailing labels need not accompany the application but shall be supplied by the applicant prior to the public hearing upon notice from the Planning Director.

(7) A risk assessment that analyzes in detail the probability of accidents or discharges both at the facility and in transportation to and from the facility. The risk assessment shall identify mitigation measures to reduce identified risks, and shall identify the routes proposed for transporting hazardous wastes to and from the facility.

(8) A plan providing for an ongoing monitoring program to insure no unintentional release of any hazardous substance from the facility. The plan shall include any monitoring required by other permitting agencies.

(9) All applications shall contain a designation of at least two reasonable alternative sites which shall be reviewed pursuant to the California Environmental Quality Act.

(10) A plan for supplementary public review and comment on the proposed project prior to the public hearing. This plan shall provide for adequate public review and comment on the project in order to reduce public concerns prior to formal public hearing.

(11) A contingency plan for emergency procedures designed to minimize hazards to human health or the environment from fires, explosions or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil or surface water. The plan shall provide for its immediate implementation whenever there is a fire, explosion or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment. The contingency plan shall satisfy all requirements of the Hazardous Waste Control Law (Health and Safety Code Section 25100 et seq.) and the regulations adopted thereunder.

(12) Such additional information as shall be required by the Planning Director.

e. STANDARDS AND DEVELOPMENT CRITERIA. No person shall erect, maintain or operate a hazardous waste facility in the unincorporated area of the County of Riverside except in accordance with the following provisions:

(1) All internal roads and all access roads to the proposed facility shall be constructed or improved to County standards as approved by the Road Department.

(2) Locational Criteria:

a) No hazardous waste facility, except a transfer facility or a storage facility, shall be located closer than 1500 feet from any lot line.

b) No hazardous waste facility shall be located within 2000 feet of the lot line of any lot actually used or zoned for residential use. This setback shall not apply to an on-site caretaker residence.

c) No hazardous waste facility shall be located within a dam inundation zone.

d) No hazardous waste facility shall be located within a liquefaction area.

(3) Safety and Security.

a) The permit holder shall prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons or livestock onto any portion of the facility.

b) The permit holder shall provide a 24-hour surveillance system (e.g., television monitoring or surveillance by guards or facility personnel) which continuously monitors and controls entry onto the facility.

c) An artificial or natural barrier (e.g., a fence in good repair or a fence combined with a cliff) shall be constructed which completely surrounds the facility.

d) All gates or other entrances to the facility shall be provided with adequate means to control entry at all times. Signs with the legend, "Danger - Hazardous Waste Area - Unauthorized Personnel Keep Out", shall be posted at each entrance to the facility and at sufficient other locations to be seen from any approach. The legend shall be written in English, Spanish, and any other language predominant in the area surrounding the facility, and shall be legible from a distance of at least 25 feet.

(4) Seismic Safety. A hazardous waste facility shall comply with the requirements of the applicable Seismic zone of the Uniform Building Code, the applicable groundshaking zone in the General Plan, or with the seismic design recommendation in an approved geotechnical report on the project.

(5) Monitoring.

a) Upon reasonable notice, County officials or their designated representatives may enter a parcel on which a hazardous waste facility siting permit has been granted for the purpose of monitoring the operation of the facility.

b) The holder of a hazardous waste facility siting permit shall report quarterly to the County of Riverside the amount, type and disposition of all wastes processed by the facility. The report shall include copies of all manifests showing the delivery and types of hazardous waste. The report shall also include a map showing the exact location (coordinates and elevation), quantities and types of wastes placed in repositories or otherwise stored or disposed of on the site.

(6) Signs. No more than two advertising signs will be permitted relating to the development on the project site. No such sign shall exceed 15 square feet in surface area or eight feet in height.

(7) No hazardous waste facility siting permit shall be granted for the treatment, storage, transfer, handling or disposal of an amount or type of waste beyond that generated within the County of Riverside unless satisfactory compensation is arranged through the Southern California Hazardous Waste Management Authority.

(8) A hazardous waste facility siting permit shall be granted for only those wastes and quantities of wastes specified in the conditions of approval. No additional types of wastes or increases in the quantities of approved wastes shall be allowed beyond those specified in the approved permit unless a separate application is made therefor in accordance with the same procedures as those required for an initial application.

(9) Emergency Procedures. Every hazardous waste facility shall have a contingency plan for emergency procedures designed to minimize hazards to human health and the environment from fires, explosions, or unplanned release of hazardous waste or hazardous waste constituents to air, soil, or surface water. The plan shall provide for its immediate implementation whenever there is a fire, explosion or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment. The contingency plan shall satisfy all requirements of the Hazardous Waste Control Law (Health and Safety Code Section 25100 et seq.) and the regulations adopted thereunder. Copies of the plan and all amendments to the plan shall be filed with all local emergency response officials and the Riverside County Health Department.

(10) Closure.

a) Every hazardous waste facility shall have a written closure plan. The plan shall identify steps necessary to completely or partially close the facility at any point during its intended operating life and to completely close the facility at the end of its intended operating life. The closure plan shall satisfy all requirements of the Hazardous Waste Control Law (Health and Safety Code Section 25100 et seq.) and the regulations adopted thereunder. A copy of the closure plan and all revisions to the plan shall be filed with the County Department of Health and shall be kept at the facility until closure is completed.

b) Every hazardous waste facility where hazardous waste will remain after closure shall have a written post-closure plan providing for post-closure monitoring, care, and maintenance. The post-closure plan shall satisfy all requirements of the Hazardous Waste Control Law (Health and Safety Code Section 25100 et seq.) and the regulations adopted thereunder. A copy of the post-closure plan and all revisions to the plan shall be filed with the Riverside County Department of Health.

c) The holder of a hazardous waste facility siting permit shall establish and continuously maintain financial assurance for closure of the facility and for post-closure care if required. Financial assurance shall satisfy all requirements of the Hazardous Waste Control Law (Health and Safety Code Section 25100 et seq.) and the regulations adopted thereunder. Copies of all documents demonstrating such financial assurance shall be filed with the County Department of Health.

(11) Financial Responsibility.

a) Prior to the commencement of any use under a hazardous waste facility siting permit, the holder of the permit shall provide proof of insurance as required in the conditions of permit approval. The types, amounts, periods of coverage, and provisions for periodic review as to adequacy of coverage shall be specified in the conditions of approval. Required insurance shall include, but not be limited to: general liability insurance, automotive liability insurance, environmental impairment liability insurance, and architect's and engineer's professional liability insurance. All such insurance shall name the County as an additional insured and shall be maintained for the life of the site and such additional periods as shall be specified in the conditions of approval.

b) The holder of a hazardous waste facility siting permit shall defend, indemnify and hold harmless the County and its officers, agents, servants and employees from all claims, actions and liabilities arising out of the issuance of a hazardous waste facility siting permit, operations at the hazardous waste facility, and transportation of wastes to or from the hazardous waste facility.

(12) General Conditions. The County may impose conditions on the granting of a hazardous waste facility siting permit in order to achieve the purposes of this ordinance and the Riverside County General Plan and to protect the health, safety or general welfare of the community.

(13) Findings. The following findings shall be made in writing prior to granting a hazardous waste facility siting permit:

a) The facility will be consistent with the Riverside County General Plan.

b) The facility will not be detrimental to the health, safety or general welfare of the community.

c) The facility site is or will be adequately served by roads and other public or private service facilities.

e. USE OF PERMIT.

(1) Any hazardous waste facility siting permit that is granted shall be used within two years from the effective date thereof, or within such additional time as may be set in the conditions of approval, which shall not exceed a total of five years; otherwise, the permit shall be null and void. Notwithstanding the foregoing, if a permit is required to be used within less than five years, the permittee may, prior to its expiration, request an extension of time in which to use the permit. A request for extension of time shall be made to the Board of Supervisors, on forms provided by the Planning Department and shall be filed with the Planning Director, accompanied by the fee set forth in County Ordinance No. 671. Within 30 days following the filing of a request for an extension, the Planning Director shall set the matter on the regular agenda of the Planning Commission which shall review the application, make a recommendation thereon, and forward the matter on the regular agenda of the Board. An extension of time may be granted by the Board upon a determination that valid reason exists for permittee not using the permit within the required period of time. If an extension is granted, the total time allowed for use of the permit shall not exceed a period of five years, calculated from the effective date of the issuance of the permit. The term "use" shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion.

(2) Life of Permit. The life of the permit shall be determined at the time of approval and shall not exceed ten years.

f. REVOCATION OF PERMIT. A hazardous waste facility permit may be revoked pursuant to Section 18.31 of this ordinance.

Added Effective:
08-14-86 (Ord. 348.2613)

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