Chapter 17.280 — AMENDMENTS AND CHANGE OF ZONE

Chapter 17.280 - AMENDMENTS AND CHANGE OF ZONE

Sections:

Amendments to this title shall be made in accordance with the procedure set forth in Chapter 4 of the Planning and Zoning Law, (California Government Code, Section 65800, et seq.) as now enacted or hereafter amended, and with the requirements of this title. An amendment to this title may be initiated by either the planning commission or the board of supervisors.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 20.1)

17.280.020 - Rezone.

A.

The owner of real property, or a person authorized by the owner, shall have the right to request that the county consider a change in the zoning classification that has been applied to his or her property. The right to request consideration of zone change does not imply that the change will be approved.

B.

Applications shall be made to the planning commission on forms provided by the planning department, shall supply all required information, and shall be accompanied by the filing fee set forth in county Ordinance No. 671.

C.

An application of the change of zone shall not be set for a public hearing unless:

1.

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

2.

The requested change of zone is consistent with the Riverside County general plan.

D.

If the planning director determines that a requested change of zone is inconsistent with the Riverside County general plan, the application will not be processed until the general plan is amended and request is consistent with the general plan. The planning director's determination all be made within ten (10) days after a completed zone change application has been filed with the planning department. A determination that a requested zone change is inconsistent with the general plan may be appealed within ten (10) days after the planning director has mailed or delivered notice of his or her determination to the applicant, in writing, to the planning commission, which shall be accompanied by the filing fee set forth in county Ordinance No. 671. If an appeal is filed, the matter shall be set for a hearing before the planning commission not less than fifteen (15) nor more than forty-five (45) days thereafter and notice of the date of hearing shall be mailed to the appellant. The determination by the planning commission as to consistency with the general plan shall be final; however, it shall not constitute a final decision as to consistency of the proposed zone change with the general plan.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 20.2)

Amendments to this title may be adopted by the board of supervisors in the same manner as any other ordinance, except that whenever an amendment proposes to change property from one zone to another, or

to impose, remove or modify any of the following regulations, the amendment shall be adopted in the manner set forth in section 17.280.040:

A.

Regulate the use of buildings, structures and land as between industry, business, residents, open space, including agriculture, recreation, enjoyment or scenic beauty and use of natural resources, and other purposes;

B.

Regulate signs and billboards;

C.

Regulate location, height, bulk, number of stories and size of buildings and structures; the size and use of lots, yards, courts and other open spaces; the percentage of a lot which may be occupied by a building or structure; the intensity of land use;

D.

Establish requirements for off-street parking and loading;

E.

Establish and maintain building setback lines;

F.

Create civic districts around civic centers, public parks, public buildings or public grounds and establish regulations.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 20.3)

Amendments to this title which propose to change property from one zone to another, or to impose, remove or modify any of the regulations set forth in section 17.280.030, shall be adopted in the following manner:

A.

The planning commission shall hold a public hearing on the proposed amendment. Public notice of the hearing shall be given including all the following information:

1.

The time, date and place of the hearing;

A general explanation of the matter to be considered;

3.

A general description of the area affected;

4.

Specification of the type and magnitude of the changes proposed;

5.

The place where copies of the proposed changes may be obtained;

6.

The right to appear and be heard.

B.

Public notice of the hearing shall be given at least ten days prior to the hearing by all 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 three hundred (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 subdivision (2) through (4) of this subsection is greater than one thousand (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 in the county at least ten (10) 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.

C.

After closing the public hearing the planning commission shall render its decision within a reasonable time and transmit it to the board of supervisors in the form of a written recommendation, which shall contain the reasons for the recommendation and, if the recommendation is to change a zone classification on property, the relationship of the proposed amendment to applicable general and specific plans. A copy of the recommendation shall be filed to the applicant and proof thereof shall be shown on the original transmitted to the board of supervisors. If the planning commission does not reach a decision due to a tie vote, that fact shall be reported to the board of supervisors and the failure to reach a decision shall be deemed a recommendation against the proposed amendment.

D.

Upon receipt of the recommendation of the planning commission, the clerk of the board of supervisors shall take the following action:

1.

If the planning commission has recommended the approval of an amendment to change property from one zone to another, or the approval of an amendment to impose, remove or modify one of the above-listed regulations, the clerk shall set the matter of public hearing before the board of supervisors at the earliest convenient day, 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 planning commission.

2.

If the planning commission has recommended denial of an amendment to change property from one zone to another, or denial of an amendment to impose, remove or modify one of the above-listed regulations, the planning commission's recommendation shall be filed with the clerk of the board of supervisors, who shall place the decision on the next agenda of the board held five or more days after the clerk receives the decision. The decision of the planning commission is considered final and no action by the board is required unless the applicant files an appeal, accompanied by the fee set forth in county Ordinance No. 671, within ten (10) days after the decision of the planning commission appears on the board's agenda, or the board orders the matter set for public hearing. If the board of supervisors so orders, or if the applicant appeals, the clerk of the board shall set the matter for public hearing before the board of supervisors at the earliest convenient day and shall give notice of the time and place of the hearing in the same manner as is provided for giving notice of the hearing before the planning commission.

E.

After closing the public hearing the board of supervisors shall render its decision within a reasonable time and may approve, modify or disapprove the recommendation of the planning commission; provided, however, that any proposed modification of the planning commission's recommendation not previously considered by the planning commission shall first be referred back to the planning commission for a report and recommendation. The planning commission shall not be required to hold a public hearing thereon, and failure of the planning commission to report within forty (40) days after the reference, or such longer period of time as may be specified by the board of supervisors, shall be deemed to be an approval of the proposed modification.

F.

Any hearing of the planning commission or board of supervisors may be continued from time to time.

(Ord. 348.2670, 1987; Ord. 348.2444, 1985; Ord. 348.2156, 1983; Ord. 348 § 20.3a) 17.280.050 - Interim zoning.

A.

Without following the procedures otherwise required prior to the adoption of a zoning ordinance, the board of supervisors, to protect the public safety, health and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses which may be in conflict with a contemplated general plan, specific plan, or zoning proposal which the board of supervisors, planning commission or the planning department is considering or studying or intends to study within a reasonable time. Such urgency measure shall require a four-fifths vote of the board of supervisors for adoption. Such interim ordinance shall be of no further force and effect forty-five (45) days from the date of adoption thereof; provided, however, that after notice pursuant to California Government Code Section 65090 and public hearing, the board of supervisors may extend such interim ordinance for ten (10) months and fifteen (15) days subsequently extend such interim ordinance for one year. Any such extension shall also require a four-fifths vote for adoption. No more than the two such extensions may be adopted.

B.

Alternatively, an interim ordinance adopted may by a four-fifths vote following notice pursuant to said Section 65090 and public hearing, in which case it shall be of no further force and effect forty-five (45) days from its date of adoption; provided, however, that after notice pursuant to Section 65090 and public hearing, the board of supervisors may by a four-fifths vote extend such interim ordinance for twenty-two (22) months and fifteen (15) days.

C.

When any interim ordinance has been adopted, every subsequent ordinance adopted pursuant to is section, covering the whole or a part of the same property shall automatically terminate and be of no further force or effect upon the termination of the first such ordinance or any extension thereof as herein provided.

D.

Adoption of an intern ordinance shall be deemed an order of the board of supervisors to the planning commission to initiate a zoning study of the land and that has been placed in the interim zone, which may include the study of other land in the vicinity thereof.

E.

The clerk shall schedule a public hearing before the board to consider an extension of an interim ordinance which shall normally be at its second regular meeting before expiration of the initial forty-five (45) day period and any extension. The clerk shall publish notice ten (10) days before the hearing. This subsection shall not be applied if the effective date of a subsequent permanent zoning ordinance applicable to the same land will have passed before such expiration, or if the interim ordinance, has been repealed, or if the board shall otherwise order.

F.

At or before the public hearing on the proposed extension, and at least ten (10) days prior to the expiration of the interim ordinance or any extension, the planning director shall make a written report to the board of supervisors on the status of the zoning study. The report shall describe the measures taken to alleviate the condition which lead to the adoption of the ordinance.

G.

The prohibition of uses by interim ordinance may in whole or part be imposed by applying on an interim basis one or more of the zoning designations provided for by this title by reference to the applicable zoning symbols preceded by "I-" or to the title of a zoning classification preceded by "Interim".

H.

Whenever any area is placed in an interim zone, that area is subject to all of the provisions of this title, including its penalty provisions, applicable to the zone in which it has been placed. For the period of time that the interim zoning ordinance is in effect the permanent zoning is deemed superseded, but upon expiration thereof, the permanent zoning shall again be in full force and effect unless it has been previously repealed or superseded by new permanent zoning.

(Ord. 348.2444, 1985; Ord. 348.2156, 1983; Ord. 348.2088, 1982; Ord. 348.1908, 1981; Ord. 348.1855, 1980; Ord. 348.1785, 1980; Ord. 348.1658, 1978; Ord. 348.1540, 1977; Ord. 348.1283, 1977; Ord. 348.1173, 1973; Ord. 348.1023, 1972; Ord. 348.783, 1970; Ord. 348.531, 1967; Ord. 348.506, 1967; Ord. 348 § 20.4)