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Right to ride issue in southern California

Published October 13th, 2004

AMENDMENT TO ORDINANCE NO. 348 – Land Use Ordinance of Riverside County
- CEQA Exempt – Countywide – All Supervisorial Districts. The proposed
ordinance amendment proposes to add Article XIXf that provides
development and siting standards for off highway vehicle usage within
the unincorporated areas of Riverside County. (Legislative) Project
Planner, Mark Balys, (951) 955-3150 or E-Mail at mbalys@rctlma.org

Staff Recommendation: APPROVAL





This is the actual ordinance



ORDINANCE 348.4213, ARTICLE XIXf



Off Highway Vehicle Usage



SECTION 19.105 – PURPOSES AND INTENT

The purpose of Article XIXf is to provide development and siting
standards for off highway vehicle usage. The intent of Article XIXf is
to:

(1) Help maintain the continued public health, safety, repose, and comfort of the County of riverside and its residents,

(2) Define the characteristics for off highway vehicle usage, and

(3) Regulate off highway vehicle operations within the unincorporated areas of Riverside County.



SECTION 19.106 – DEFINITIONS

A. OFF HIGHWAY VEHICLE. A motor vehicle, designed to travel over any
terrain as defined in Division 15.5 (Sections 38000–38007) of the State
of California Vehicle Code.

B. NONCOMMERCIAL OFF HIGHWAY VEHICLE USE. A site which is not open to
the public, and that is utilized by the resident(s) of the property.
The site is not utilized by non resident professional riders or teams
and does not provide the level of facilities found in a commercial
operation

C. COMMERCIAL OFF HIGHWAY VEHICLE USE. A site either (a) open to the
public or (b) open to members only on a regular basis for off highway
vehicle riding which may be operating either for profit or non-profit .
The site may be utilized by novice riders, as well as by professional
riders or teams, and may provide facilities or services such as
restrooms, parking, first aid station, snack bar, viewing stand,
equipment sales, or fuel dispensing.

D. RESIDENT. Resident means an individual or individuals who have a residence and permanently reside on a specific property.

E. RIDING AREA. Anywhere within the confines of a parcel and within setback areas where off-highway vehicles are ridden.



SECTION 19.107 – ZONING AND REQUIRED PLANNING APPROVAL

A. Off highway vehicle usage is not permitted as a matter of right and
unless expressed below is prohibited in any zone within Riverside
County.

B. Off highway vehicle usage may occur in the R-R, W-2, M-R, M-R-A,
M-SC, M-M, or M-H zones only and is prohibited in any other zone.

C. Required Planning Approval

1. Plot Plan with Environmental Assessment

(a) Required for resident use only.

(b) Minimum parcel size shall be 5-acres gross to 10-acres gross.

(c) Exhibit must identify occupied area.

2. Conditional Use Permit

(a) Required for non-commercial off highway vehicle usage on vacant parcels 10-acres gross or greater in area.

(b) Required for commercial off highway vehicle usage on parcels 20 -acres gross or greater in area.

(c) Required for non-commercial non-resident users on parcels 10-acres gross or greater in area.

1. Minor Outdoor Event Permit

(a) Required for special off highway vehicle riding events on parcels
10 acres gross or greater in area and limited to no more than four (4)
consecutive days.

(b) The Minor Outdoor Event shall comply with the provisions of
Riverside County Ordinance No. 348 Article XIXa and be limited to the
zones specified in this article.



SECTION 19.109a – LOCATION, DESIGN, AND DEVELOPMENT STANDARDS FOR PLOT PLANS WITH AN ENVIRONMENTAL ASSESSMENT

A. Impacts. All off highway vehicle usage shall occur so as to minimize
adverse impacts to the surrounding community and biological resources.

B. Sensitive Viewshed. Off highway vehicle usage shall be limited to
those portions of the property that are concealed, and shall avoid
ridgelines, riparian areas, and other sensitive viewshed areas.

C. Minimum Parcel Size. The minimum lot size for off road vehicle
operations is five (5) acres gross to ten (10) acres gross in area.
Resident off highway vehicle use may not occur on a lot that is smaller
than five (5) acres gross in area.

D. Setbacks. The outer dimensions of the off highway riding area shall
be two hundred fifty (250) feet from any residence other than that of
the operator, and one hundred (100) feet from the property line or
right-of-way line. If subsequent development would cause an
encroachment within these setbacks the riding area must be reoriented
to meet these setback requirements.

E. Maximum Number A maximum of two (2) off highway vehicles will be allowed to be in operation on a parcel at any one time

F. Hours of Operation. Off highway vehicles may be in operation between
the hours of 10:00 a.m. and 4:00 p.m. any day of the week during
Standard Time, and 10:00 a.m. and 6:00 p.m. any day of the week during
Daylight Savings Time. No riding of off-highway vehicles is permitted
on the following holidays: Thanksgiving Day, Christmas Day, New Year’s
Day.

G. Noise. In rural areas noise may carry long distances and have a
negative impact on surrounding properties. To insure that the noise
impacts generated from off highway vehicle operation is minimized each
site shall comply with the following requirements: (1) The use of
public address systems, loud speakers, or amplified music is
prohibited. (2) Each off highway vehicle shall include the proper
muffler designed for the vehicle and comply with all government sound,
noise, and safety limitations. (3) During the operation of any off
highway vehicle(s) on a parcel the maximum measurable noise level at
any property line shall not exceed 65 decibels.

H.Dust. On parcels upon which off highway vehicle riding occurs, a plan
for dust suppression and control shall be submitted along with any
application for the off highway vehicle use described in this article.

I.Grading. Any grading activity shall meet the requirements set forth in Riverside County Ordinance 457.

J. NPDES. If this activity will disturb one (1) acre or more or is part
of a larger project that will disturb one (1) or more acres it will
require a National Pollutant Discharge Elimination System (NPDES)
Construction General Permit from the State Water Resources Control
Board. The applicant can comply by submitting a Notice of Intent (NOI),
develop and implement a Storm Water Pollution Prevention Plan (SWPP),
and a monitoring program and reporting plan fro the project site.
Clearance for any grading shall not be given until either the district
or the Riverside County Department of Building and Safety has
determined that the project has complied with the current County
requirements regarding the NPDES Construction General Permit.

K. Fuel Storage. Fuel storage and refueling activities shall comply
with the requirements of the Riverside County Fire Department and
Riverside County Ordinance No. 546.

L. Site Plan Requirements. Each application shall comply with the
requirements specified within the Planning Department’s Case
Application Packet.

M. Permit Duration: The Plot Plan approval shall be limited to a maximum duration of 5 years.

N. Public Hearing & Notice: A public hearing shall be held pursuant
to the procedures set forth within Section 18.26 of this ordinance
except that the public notice for said hearing shall be given by mail
or delivery to all owners of real property located within 1-mile of the
exterior boundaries of the subject property.



SECTION 19.109b. – LOCATION, DESIGN, AND DEVELOPMENT STANDARDS FOR A CONDITIONAL USE PERMIT .

A. Impacts. All off highway vehicle usage shall occur so as to minimize
adverse impacts to the surrounding community and biological resources.

B. Sensitive Viewshed. Off highway vehicle usage shall be limited to
those portions of the property that are concealed, and shall avoid
ridgelines, riparian areas, and other sensitive viewshed areas.

C. Minimum Parcel Size. The minimum lot size for off road vehicle
operations is ten (10) acres gross in area; however, sites for
commercial off highway vehicle usage is twenty (20) acres gross in area.

D. Setbacks. The outer dimensions of the off highway riding area shall
be two hundred fifty (250) feet from any residence other than that of
the operator, and two hundred (200) feet from the property line or
right-of-way line. If subsequent development would cause an
encroachment within these setbacks, the riding area must be reoriented
to meet these setback requirements. No approved commercial off-highway
vehicle riding area shall be located within 5 miles of any other
approved off-highway vehicle riding area.

E. Maximum Number. A maximum number of four (4) off highway vehicles
will be allowed to be in operation on a parcel at any one time for a
noncommercial operation.

F. Hours of Operation. Off highway vehicles may be in operation between
the hours of 10:00 a.m. and 4:00 p.m. any day of the week during
Standard Time, and 10:00 a.m. and 6:00 p.m. any day of the week during
Daylight Savings Time unless other hours of operation are established
per conditions of approval. No riding of off highway vehicles is
permitted on the following holidays: Thanksgiving Day, Christmas Day,
New Year’s Day.

G. Noise. In rural areas noise may carry long distances and have a
negative impact on surrounding properties. To insure that the noise
impacts generated from off highway vehicle operation is minimized each
site shall comply with the following requirements: (1) The use of
public address systems, loud speakers, or amplified music is
prohibited. (2) Each off highway vehicle shall include the proper
muffler designed for the vehicle and comply with all government sound,
noise, and safety limitations. (3) During the operation of any off
highway vehicle(s) on a parcel the maximum measurable noise level at
any property line shall not exceed 65 decibels.

H. Dust. On parcels upon which off highway vehicle riding occurs, a
plan for dust suppression and control shall be submitted along with any
application for the off highway vehicle use described in this article.

I. Grading. Any grading activity shall meet the requirements set forth in Riverside County Ordinance No. 457

J. NPDES. If this activity will disturb one (1) acre or more or is part
of a larger project that will disturb one (1) or more acres it will
require a National Pollutant Discharge Elimination System (NPDES)
Construction General Permit from the State Water Resources Control
Board. The applicant can comply by submitting a Notice of Intent (NOI),
develop and implement a Storm Water Pollution Prevention Plan (SWPP),
and a monitoring program, and reporting plan for the project site.
Clearance for any grading shall not be given until either the district
or the Riverside County Department of Building and Safety has
determined that the project has complied with the current County
requirements regarding the NPDES Construction General Permit.

K. Fuel Storage. Fuel storage and refueling activities shall comply
with the requirements of the Riverside County fire Department and
Riverside County Ordinance No. 546.

L. Site Plan Requirements. Each application shall comply with the
requirements specified within the Planning Department’s Case
Application Packet.

M. Permit Duration: The Conditional Use Permit shall be limited to a maximum duration of 10 years.

N. Public Hearing & Notice: A public hearing shall be held pursuant
to the procedures set forth within Section 18.26 of this ordinance
except that the public notice for said hearing shall be given by mail
or delivery to all owners of real property located within 1-mile of the
exterior boundaries of the subject property





There is a movement underway in Riverside County to change our right
to ride and limit our use of our motorcycles on our own properties. Our
rights are being usurped.



THERE WILL BE A PUBLIC HEARING AT THE
RIVERSIDE COUNTY PLANNING OFFICE, GROUND FLOOR, ON OCTOBER 20,2004.
PLEASE ENCOURAGE EVERYONE TO E-MAIL, CALL, OR ATTEND THIS MEETING.



Please email Deputy Planning Director Mark Balys (above) working on
this project, which is being recommended for approval by the County.
Also, please phone Robert Johnson, 909-955-3265 of the Planning
Commission




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