AVPORT Ordinance Amendment Proposal
Friday, January 25th, 2013
Issue 04, Volume 17.
"The community can come together and make local laws. They in turn become enacted and become the governances of a county or a city. Riverside County has ordinances number 348 and 457, which are their most popular ordinances, and those ordinances are designed to tell you how and by what means you need to operate in order to use your property. How those things are enforced and interpreted generally speaking have a very broad brush when a local county decides to enact these things, this is where we come in.
"AVPORT is here to represent your feelings to the County of Riverside, of what you want to see happen," said Mike Machado AVPORT Pres. at the Jan. 6 meeting at the Anza Community Hall.
In an effort to find a solution AVPORT introduced proposed ordinance amendments that address some of the problem issues unique to the Anza Valley and its territory. (Details of these unique issues will be published at a later date.) The proposed ordinance amendments address these issues: recreation vehicles, storage containers, storage space, construction w/o permits, and the 10-year rule on homes.
At the meeting, citizens attending were asked to sign the different ordinance amendment’s petitions. You can still do this by visiting ERA Excel Realty in the town of Anza on Hwy 371. These ordinance amendments and petitions will be presented to the Riverside County Board of Supervisors this February by AVPORT on your behalf.
"These ordinances are based on rural residential living and we believe protect and cover the needs of our community. This is your community, you should have a say in what happens here, be a part of the process! We want to know; what do you think? Please submit your input by Jan. 31. Your comments are important," stated the AVPORT Board.
The ordinance amendments have been published in both local papers and can be viewed online at the AVPORT website, just Google "AVPORT Anza."
Send your comments concerning the proposed ordinance amendments to: AVPORT by email to Anza.Avport@gmail.com or by mail to PO Box 39 1122, Anza CA 92539. If you have questions, call (951) 389-4884. Please make sure to mention which ordinance amendment you are making comments about.
The R-R Zone
The keeping and occupancy of a recreational vehicle shall be permitted by the owner and/or agent of the owner provided a temporary use permit has been obtained.
Intent: To provide for the temporary use of a bonafied RV for occupancy upon owner’s own property where a demonstration of compliance to a public safety standard has been sustained. Said permit can include the installation and operation of specific utilities for agriculture uses and/or security purposes where on site habitation is required during a specific period.
Impact: Limited to the R-R zone and the agricultural zones where the lot size exceeds two acres and/or when a residence already exists. It cannot be used as a rental or for any permanent residential purpose. Desired to help property owners provide security for their property, temporary use by siblings, aging parents or on-site workers engaged in an agricultural operation. Includes temporary use for recreation and camping not exceeding 11 calendar months of continual occupancy. Cost of annual permit to be determined.
As amended 1/6/2013
The square footage of any structure regardless of use shall be determined by the useable space of the structure’s interior.
The term habitable space or living space shall be determined in a like manner except that interior walls shall be included.
Impact: Provides a clear definition of square footage for permitted structures, so as to define square footage fees in a uniform and consistent manner makes clear the structure size for structures exempt from permit.
As amended 1/6/2013
Special Use Permit
Notwithstanding any other provision of the Ordinance, a special use permit may be issued on any structure of any construction, particularly structures built prior to the permitting process, residential or temporary structures and/or noncompliant structures for habitability or not which can meet the basic standard of public safety as determined and recognized by the State of California pursuant to the Health and Safety Code of which an application has been made, a fee paid, and an annual permit issued.
This permit is not transferable to a new owner or to anyone not the owner of said property and does not apply to owners building without a permit after 1995 in the construction of a residence or engineered structure or commercial structure and/or any construction outside the R-R zone, the A-P zone or any agricultural zone. Said special use permit is restricted to an existing structure or modification thereof where no other method of compliance is practical, affordable or reasonable or when enforcement of unlawful construction would result in homelessness of the occupant or owner and/or when abatement would have a financial impact upon the owner, beyond the owners ability to comply, causing an unreasonable financial hardship.
Impact: Means that unpermitted structures of any type might be conditionally permitted to prevent homelessness and poverty. This provision requires a Public Safety component and a hold harmless agreement to indemnify the County of
This would allow the permitting process to recognize any and all structures of which no permit was required and/or when no permits can be found. Provides a first step in the permitting process for eventual compliance and/or temporary use renewable annually. Cost of permit and inspection to be determined. Requires basic inspection to insure the Public Safety.
As amended 1/6/2013
Shipping Containers and Storage Boxes
Section B, Article 4-A: The minimal lot size shall be changed from 5 acres to 2.5.
Section B, Article 4-B: The number of containers shall be changed from 1 container to 2 containers.
Section C, exceptions: The R-R zones shall be included as exempt as like to the A-P,
A-Z, or A-D zones on parcels of 5 acres or more.
A single shipping container or metal storage box of a size not greater than 320 sq.ft. may be permitted on a ˝ acre to 2.5 acres.
Impact: Allows as a matter of right to use and keeping of metal shipping containers and like structures to twice the density as currently allowed.
Allows the minimum lot size to be smaller and exempts lot sizes 5 acres are greater in the R- R zone.
Allows greater flexibility to Anza residents’ in allowing inexpensive storage capability.
All other conditions under Section 18.50 shall apply.
As amended 1/6/13
It shall be the policy of Code Enforcement to attempt to meet and confer with property owners or residents prior to Notice of Violation.
Impact: To allow a process of compliance and dialog with residents to avoid citations when possible.
The term "demolition" as a remedy shall be removed as a condition of compliance and replaced with the words "mitigation to a safe and satisfactory condition."
Impact: Removes intimidation and fear. Provides flexibility in resolution.
Response to complaints shall be recorded and preserved in County Records including complaining parties’ identity.
Impact: Prevents selective enforcement.
Code Enforcement at its sole discretion may or may not issue a violation against any owner or resident when said action is the result of revenge, retaliation or discrimination against said owner or residence and instead may assist in resolution of any violation by mitigation of the violation or a determination that no violation exists, and/or when a warning to comply is a reasonable remedy or alternative.
Impact: Prevents discrimination and use of local government in extortion and retaliation threats. Limits false reports and allows Code Enforcement discretion to deal with a particular or special circumstance.
As amended 12/25/2012
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