Chapter 17.216 — PLOT PLANS

Chapter 17.216 - PLOT PLANS[[19]]

Footnotes:

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Editor's note— Ord. No. 348.4791, § 6, adopted December 2, 2014, amended Chapter 17.216 in its entirety to read as herein set out. Former Chapter 17.216, §§ 17.216.010—17.216.080, pertained to similar subject matter. See Ordinance List and Disposition Table for complete history.

The following procedures shall apply to all applications for approval of a plot plan that is required by any section of this chapter.

(Ord. No. 348.4791, § 6, 12-2-2014)

17.216.020 - 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 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 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 department of building and safety.

(Ord. No. 348.4791, § 6, 12-2-2014)

17.216.030 - Applications.

(1)

An application for a plot plan shall be made in writing to the planning director on the forms provided by the planning department and shall be accompanied by an initial payment of the deposit based fees as set forth in Ordinance No. 671.

(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.

(Ord. No. 348.4791, § 6, 12-2-2014)

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 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 Ordinance No. 460 in such a manner that each building is located on a separate legally divided parcel.

(Ord. No. 348.4791, § 6, 12-2-2014)

(1)

Plot plans not requiring public hearing. The planning director shall approve, conditionally approve or disapprove a plot plan based upon the standard in Section 17.216.040 of this chapter within thirty (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 17.192.040 of this title.

(3)

Plot plans for large commercial developments. Notwithstanding any other provision in this section to the contrary, a noticed public hearing shall be held on a plot plan for a commercial development of thirty (30) acres or larger. Such 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 17.192.040 of this title. Any appeal of the commission decision shall be to the board of supervisors as provided in Section 17.216.060 of this title.

(4)

Plot plans for class V wineries. Notwithstanding any other provision in this subsection to the contrary, a noticed public hearing shall be held on a plot plan for a class V winery and 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 planning commission decision shall be to the board of supervisors as provided in Section 18.30.e. of this ordinance.

(5)

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 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 is not included in a fast track project and 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.

(Ord. No. 348.4791, § 6, 12-2-2014; Ord. No. 348.4818, §§ 39, 40, 12-15-2015)

An applicant or any other interested party may appeal from a decision on a plot plan not including wireless facilities by the following procedure:

1.

Initial appeal. The decision of the planning director is considered final and no further action is required unless, within ten (10) calendar days from the date of the decision, either: an appeal therefrom is filed, accompanied by the fee set forth in County Ordinance No. 671, with the clerk of the board; or a member of the board of supervisors or planning commission submits a request to the planning director that the decision be set for public hearing before the planning commission. The appeal shall be set for public hearing before the planning commission not less than thirteen (13) nor more than sixty (60) days thereafter.

If the permit did not require a public hearing, the planning director shall mail notice of the public hearing on the appeal to the applicant and the appellant. If the permit required a public hearing, notice of the appeal shall be given in the same manner that notice was given for the original public hearing.

2.

Appeal from planning commission. The decision of the planning commission is considered final and no further action is required unless, within ten (10) calendar days from the date of the planning commission's decision, either: an appeal therefrom is filed, accompanied by the fee set forth in county Ordinance No. 671, with the clerk of the board; or a member of the board of supervisors submits a request to the planning director that the decision be set for public hearing before the board of supervisors. The clerk of the board shall set the appeal for public hearing before the board of supervisors not less than five days nor more than sixty (60) days thereafter. If the plot plan did not require a public hearing, the planning director shall mail notice of the public hearing on the appeal to the applicant and the appellant. 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 public hearing. The board of supervisors shall render its decision within thirty (30) days following the close of the public hearing on the appeal. The decision of the board of supervisors shall be final.

(Ord. No. 348.4791, § 6, 12-2-2014; Ord. No. 348.4947, § 7, 3-2-2021)

An applicant or any other interested party may appeal from a decision on a wireless facility plot plan by the following procedure:

1.

Appeal to the board of supervisors. The decision of the planning director is considered final and no further action is required unless, within ten (10) calendar days from the date of the planning director's decision, either: an appeal therefrom is filed, accompanied by the fee set forth in county Ordinance No. 671, with the

clerk of the board; or a member of the board of supervisors submits a request to the planning director that the decision be set for public hearing before the board of supervisors. The clerk of the board shall set a public hearing before the board of supervisors not less than five nor more than sixty (60) days thereafter. If the permit did not require a public hearing, the planning director shall mail notice of the public hearing on the appeal to the applicant and the appellant. If the permit required a public hearing, notice of the appeal shall be given in the same manner that notice was given for the original public hearing. The board of supervisors shall render its decision within thirty (30) days following the close of the public hearing on the appeal. The decision of the board of supervisors shall be final.

(Ord. No. 348.4791, § 6, 12-2-2014; Ord. No. 348.4947, § 8, 3-2-2021)

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;

(4)

The proposed use complies with the parking and landscaping requirements of Chapter 17.188 of this title; and

(5)

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

(Ord. No. 348.4791, § 6, 12-2-2014)