Hemet City Council
February 22, 2022

MAYOR AND CITY COUNCIL:

Malcolm Lilienthal
Mayor (District 3)
Karlee Meyer
Mayor Pro Tem (District 1)
Russ Brown
Council Member (District 2)
Joe Males
Council Member (District 4)
Linda Krupa
Council Member (District 5)

Christopher Lopez
City Manager
Steven Graham
Interim City Attorney
John P. Maier
City Clerk

CITY COUNCIL AGENDA

CITY OF HEMET, CALIFORNIA

February 22, 2022
City Council Chamber
450 E. Latham Ave., Hemet, California 92543
REGULAR MEETING AT 7:00 P.M.

In accordance with the Governor’s Declarations of Emergency for the State of California (Executive Orders N-25-20 and N-29-20) and the Governor’s Stay at Home Order (Executive Order N-33-20), the City of Hemet is providing alternative measures for the public to attend/view City Council Meetings.

Council Chamber: In-person participation is limited in the Council Chamber in order to maintain social distancing room capacity.

Live stream: This meeting will be live streamed on the City's website at hemetca.gov/agenda.

Public Comments: Members of the Public who wish to comment on matters before the Council, in lieu of attending in person, may submit comments on or before 2:00 p.m. the day of the meeting by using the following link: Online Comment Form. Comments will be recorded in the official meeting record.

Teleconference: Residents may also submit public comments by teleconference during Communications from the Public by using the following Zoom link:

City Council Meeting Zoom
Webinar ID: 851 1776 6258
Passcode: 745765
Telephone: Dial(for higher quality, dial a number based on your current location):

US: +1 669 900 6833 or +1 253 215 8782

We appreciate your understanding during this unprecedented time of social distancing under the Safer at Home orders. These procedures may be modified in the future as social and public gathering protocols change. Thank you.

Notice Regarding Americans with Disability Act
In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting or if you need agenda documents provide in an alternate format, please contact the City Cl erk’s Office at (951) 765-2307 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102 -35.104 ADA Title II)

Page

CLOSED SESSION – 6:00 P.M.

1. CALL TO ORDER

2. ROLL CALL

3. PUBLIC COMMENT PERIOD - RULES OF DECORUM, RESOLUTION NO. 4545

At this time, members of the public may only comment on an item appearing on the agenda. Please adhere to the following when addressing the Council:

Comments will be limited to 3 minutes or less.

Comments should be directed to the Council as a whole and not directed to individual Council Members.

Please follow the adopted rules of decorum: Resolution No. 4545.

4. DISCUSSION ITEMS

4.A CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representative: Christopher Lopez, City Manager Employee Organization: HMMA, HFFA, HPMA, and HPOA

4.B CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED

LITIGATION
Significant Exposure to Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9
Number of Cases (1)

5. ADJOURNMENT OF CLOSED SESSION

REGULAR MEETING - 7:00 P.M.

6. CALL TO ORDER

7. ROLL CALL

8. INVOCATION

9. PLEDGE OF ALLEGIANCE

10. CITY ATTORNEY CLOSED SESSION REPORT

10.A City Attorney’s Report regarding Closed Session
Recommendation: Information Only

11. COMMUNICATIONS FROM THE PUBLIC
Welcome to a meeting of the Mayor and City Council of the City of Hemet • Anyone who wishes to speak during public comment or on a particular item will be required to fill out a speaker slip and turn it in to the City Clerk. Each request will cover one speaker. • There is a 3-minute-per-person time limit for all general public comments on non-public hearing items. • All who wish to speak, including Council members and staff, need to be recognized by the Mayor before speaking.
• Members of the public shall comply with the adopted Rules of Decorum, Resolution No. 4545. A copy of which can be requested through the City Clerk’s Office.
• You may also fill out a form and submit your comments online at www.hemetca.gov and it will be read aloud.

Submittal must be done before 2:00 p.m. the day of the meeting. • Please state your name and item you are commenting on before speaking.

11.A Public Comment for Items Listed on the Agenda: Consent and Discussion Items

11.B Public Comment for Items Not Listed on the Agenda, but within Jurisdictional Matter

12. PRESENTATIONS

12.A Highlight Reel of Recent Accomplishments in Hemet

13. PUBLIC HEARINGS
The City Council’s Procedures for Public Hearing will be as follows:
• Staff will provide a report and clarification of items presented. • The public hearing will be opened for comments for those IN FAVOR of or IN OPPOSITION to the item:
followed by rebuttal to any comments made.
• The Public Hearing will be closed, and the City Manager may respond to any questions raised by the public (the public will not have an opportunity to respond.).
• Discussion will be brought back to the City Council for direction or action.

13.A Conduct a Public Hearing and Receive Direction Regarding the Redistricting Process for the City of Hemet City Council Boundaries Staff Report #22-069 - Pdf

Recommendation:

It is respectfully recommended that the City Council:

1. Receive a report from staff and the City’s redistricting consultant on the redistricting process, and permissible criteria to be considered to redraw district boundaries;

2. Conduct a public hearing to receive public input on district boundaries;
11 - 44

3. Consider draft maps; and

4. Direct revisions to draft map(s), if desired; or

5. Select a preferred map.

13.B An Ordinance of the City Council of the City of Hemet, California, Amending Various Sections of Chapter 90 (Zoning) of the Hemet Municipal Code Second Story Design Criteria for Residential Construction Staff Report #22-055 - Pdf

Recommendation:

It is respectfully recommended that the City Council:

1. Open a public hearing and take testimony, if any; and

2. Introduce, read by title only, and waive further reading of an Ordinance of the City Council of the City of Hemet, California, Amending Various Sections of Chapter 90 (Zoning) of the Hemet Municipal Code Second Story Design Criteria for Residential Construction.
45 - 116

13.C An Ordinance of the City Council of the City of Hemet, California, Amending Various Sections of Chapter 90 (Zoning) of the Hemet Municipal Code for Outdoor Seating Parklets for Restaurants, Including Design Criteria
Staff Report #22-054 - Pdf

Recommendation:

It is respectfully recommended that the City Council:

1. Open a public hearing and take testimony, if any; and

2. Waive full reading, read by title only, and introduce an Ordinance of the City Council of the City of Hemet, California, Amending Various Sections of Chapter 90 (Zoning) of the Hemet Municipal Code for Outdoor Seating Parklets for Restaurants, Including Design Criteria.
117 - 227

13.D An Ordinance of the City Council of the City of Hemet, California, Approving Zone Change 21 -004, Amending the Official Zoning Map to Change the Zone District Designations of Thirty -Three (33) Parcels Totaling 25.06 Acres, to Change the Office Professional (OP) and General Commercial (C-2) Zones to the Multiple Family (R-3) Zone Staff Report #22-049 - Pdf

Recommendation:

It is respectfully recommended that the City Council:

1. Open a public hearing and take testimony, if any; and

2. Waive full reading, read by title only, and introduce an Ordinance of the City Council of the City of Hemet, California, Approving Zone Change 21-004 Amending the Hemet City Zoning Map to Change the Zone District designations for thirty -three (33) parcels totaling

25.06 acres to change the Office Professional (OP) and General 229 - 317

Commercial (C-2) zones to the Multiple Family (R-3) Zone. (State Street Corridor); and

3. Adopt a Resolution of the City Council of the City of Hemet, California, Adopting A Negative Declaration (Nd) (State Clearinghouse No. 2021120350); For Change of Zone No. (Zc 21- 004), Amending the Official Zoning District Designations of Thirty- Four (33) Parcels Totaling 25.06 Acres to Change the Existing Zoning On Properties West Of State Street From Professional Office (Op) to Multiple Family Residential (R -3) North of Oakland Avenue, and From General Commercial (C -2) Between Oakland Avenue and Menlo Avenue to Multiple Family Residential (R-3).

13.E An Ordinance of the City Council of the City of Hemet, California, Specific Plan Amendment No. 22-001 Amending the Downtown Specific Plan (SP 16-001) on 360+ Acres located Between Gilbert Street on the West, Oakland Avenue on the North, Santa Fe Street on the East and Acacia Avenue on the South (APN Various)
Staff Report #22-050 - Pdf

Recommendation:

It is respectfully recommended that the City Council:

1. Open a public hearing and take testimony, if any; and

2. Waive full reading, read by title only, and introduce an Ordinance of the City Council of the City of Hemet, California, Specific Plan Amendment 22-001 Amending the Downtown Specific Plan (Sp 16-001) on 360+ Acres Located Between Gilbert Street on the West, Oakland Avenue on the North, Santa Fe Street on the East and Acacia Avenue on the South (APN Various).
319 - 377

14. RECEIVE AND FILE

14.A FY2020/2021 Annual Comprehensive Financial Report
Staff Report #22-062 - Pdf

Recommendation:

It is respectfully recommended that the City Council:

Receive and File the Annual Comprehensive Financial Report for the Fiscal Year ended June 30, 2021.
379 - 567

15. CONSENT CALENDAR
All Consent Calendar items will be acted upon by a single action of the City Council unless otherwise requested by an individual Council Member for separate consideration.

15.A A Resolution of the City Council of the City of Hemet, California, Authorizing the Submission of the SB1383 Local Assistance Grant Application to Cal Recycle in the amount of $111,882.00 and Authorize the City Manager to Execute all Related Documents Necessary to Obtain the Grant
569 - 574

Staff Report #22-056 - Pdf

Recommendation:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, authorizing the submission of the SB1383 Local Assistance Grant Application to Cal Recycle in the amount of $111,882.00 and authorize the City Manager to execute all related documents necessary to obtain the grant.

15.B A Resolution of the City Council of the City of Hemet, California, Authorizing the Submission of the SB619 Notice of Intent to Comply with SB1383 Requirements and Authorizing the City Manager to Execute all Related Documents Necessary to Support the Submis sion of the Notice to CalRecycle by March 1, 2022
Staff Report #22-057 - Pdf

Recommendation:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Authorizing the Submission of the SB619 Notice of Intent to Comply with SB1383 Requirements and Aut horizing the City Manager to Execute all Related Documents Necessary to Support the Submission of the Notice to CalRecycles by March 1, 2022.
575 - 587

15.C A Resolution of the City Council of the City of Hemet, California, Awarding the Purchase of Two (2) Fully Outfitted 2022, Ford Utility RWD for the Total Amount of $124,141.33 from National Auto Fleet Group Utilizing the Sourcewell Master Vehicle Contract# 091521-NAFG Competitively Solicited Purchasing Contract and Authorizing the City Manager to Execute the Agreement and Purchase Orders in Support of the Agreement
Staff Report #22-052 - Pdf

Recommendation:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, Cali fornia, Awarding the Purchase of Two (2) Fully Outfitted 2022, Ford Utility RWD for the Total Amount of $124,141.33 from National Auto Fleet Group Utilizing the Sourcewell Master Vehicle Contract# 091521 -NAFG Competitively Solicited Purchasing Contract and Authorizing the City Manager to Execute the Agreement and Purchase Orders in Support of the Agreement.
589 - 614

16. DISCUSSION - ACTION ITEMS

16.A Discussion of the Taxpayer Protection and Government Accountability Act
Staff Report #22-073 - Pdf

Recommendation:

It is respectfully recommended that the City Council:

1. Discuss AG# 21-0042A1, The Taxpayer Protection and
Government Accountability Act and do one of the following.

2. Direct staff to bring a resolution to the City Council at the first meeting in March 2022 to oppose AG# 21-0042A1, the Taxpayer Protection and Government Accountability Act.

3. Direct staff to take no take no action on the item.
615 - 629

16.B A Resolution of the City Council of the City of Hemet, California, Adopting a Policy on Admonishment and Censure of Elected Officials of the City of Hemet
Staff Report #22-068 - Pdf

Recommendation:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, Califor nia, adopting a Policy on Admonishment and Censure of Elected Officials of the City of Hemet.
631 - 637

16.C Adopt a Resolution of the City Council of the City of Hemet, California, Approving a Pension and Other Post Employment Benefits Rate Stabilization Policy
Staff Report #22-058 - Pdf

Recommendation:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California , approving a Pension and Other Post Employment Benefits Rate Stabilization Policy.
639 - 654

17. CITY COUNCIL AND STAFF REPORTS

COUNCIL MEMBER BROWN

1. Infrastructure Commission

2. League of California Cities

3. Riverside Transportation Commission

4. Riverside County Habitat Conservation Agency

5. Ramona Bowl Board of Directors

6. Hemet San Jacinto Water Master Board *

7. Western Community Energy

8. Western Riverside Council of Governments *

9. CAJPIA Board

COUNCIL MEMBER KRUPA

1. Hemet Housing Authority

2. Investment Oversight Committee

3. Hemet Public Library Board of Trustees

4. Riverside County Airport Land Use Commission *

5. League of California Cities

6. Riverside County Transportation Commission *

7. Riverside Transit Agency

8. Western Riverside County Conservation Authority *

9. Hemet San Jacinto Water Master Board *

10. Planning Commission

COUNCIL MEMBER MALES

1. Skate Park Committee

2. Planning Commission

3. League of California Cities

4. Western Riverside County Conservation Authority *

5. Western Community Energy

MAYOR PRO TEM MEYER

1. Investment Oversight Committee

2. League of California Cities

3. CAJPIA Board

MAYOR LILIENTHAL

1. Hemet Housing Authority

2. Skate Park Committee

3. Community Action Commission of Riverside County

4. League of California Cities

5. Riverside County Transportation Commission *

6. Riverside Transit Agency *

7. Western Riverside Council of Governments *

AD-HOC COMMITTEE REPORTS

1. Council Protocols Ad-Hoc Committee (Brown/Krupa)

2. Vision and Mission Ad-Hoc Committee (Lilienthal/Meyer)

3. Clean up/Graffiti Ad-Hoc Committee (Lilienthal/Meyer)

4. Homeless Outreach Ad-Hoc Committee (Lilienthal/Meyer)

5. Business Outreach Ad-Hoc Committee (Males/Lilienthal)

6. City Attorney RFP Ad-Hoc Committee (Brown/Meyer)

7. Cal Trans Liaison Ad-Hoc Committee (Brown/Krupa)

8. CDBG Ad-Hoc Committee (Lilienthal/Males)

9. Banner Program Ad-Hoc Committee (Krupa/Males)

CITY MANAGER LOPEZ

18. FUTURE AGENDA ITEMS
If Members of Council have items for consideration at a future City Council meeting, please state the agenda item to provide direction to the City Manager.

1. Broadcasting of City Council Meetings

2. Animal Control Regulations for Businesses

3. Solar Feasibility

4. Review of Resolution No. 4703

5. Review of Section 82-172 of the City of Hemet Municipal Code

19. ADJOURNMENT

AFFIDAVIT OF POSTING
I, John Paul Maier, MMC, City Clerk for the City of Hemet, declare under penalty of perjury that the foregoing agenda was posted at City Hall located at 445 E. Florida Ave., the Council Chamber located at 450 E. Latham Ave., Hemet, CA, and the City Website.

Date & Time: February 17, 2022 at 5:30 p.m.

Meeting Schedule: The City Council of the City of Hemet regularly meets on the second and fourth Tuesdays of each month at 7:00 p.m., unless otherwise noted. Closed and Special Sessions will be duly noticed as needed.

Council Agendas: Agendas for Regular Meetings are avail able for public review on the City’s website at hemetca.gov and in the City Clerk’s Office, 445 E. Florida Ave. typically by 4:00 p.m. on the Thursday prior to the meeting, but no later than 72 hours prior to th e meeting. Agendas for Closed and Special Sessions are made available at least 72 hours prior to the meeting when possible, but no later than 24 hours prior to the meeting.

Livestream: Regular City Council Meetings are available for viewing during the meeting at hemetca.gov.

Use of Equipment: Please contact the City Clerk’s Office if requesting to use the chamber equipment as part of a scheduled presentation 24 hours prior to the meeting at (951) 765-2307

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Feb 22 2022
Department: Administration
Submitted by: Christopher Lopez, City Manager
John Maier, City Clerk;

☐ Receive and File ☐ Consent Calendar ☐ Business Item ☒ Public Hearing

TITLE:

Conduct a Public Hearing and Receive Direction Regarding the Redistricting Process for the City of Hemet City Council Boundaries

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

1. Receive a report from staff and the City’s redis tricting consultant on the redistricting process, and permissible criteria to be considered to redraw district boundaries;

2. Conduct a public hearing to receive public input on district boundaries;

3. Consider draft maps; and

4. Direct revisions to draft map(s), if desired; or

5. Select a preferred map.

BACKGROUND:

Pursuant to Election Code section 21601, cities with by-district election systems are required to redraw their district boundary maps to ensure compliance with the California and federal Voting Rights Acts.

The process to complete the redistricting requires a minimum of four public hearings and dedicated public outreach to ensure minority populations and communities of interest are aware of the redistricting effort and are provided with options to part icipate. The City held the first of the four required hearings on December 14, 2021. The City held the second of the four required hearings on February 8, 2022, and a Community Workshop on February 12, 2022, to receive additional public participation in th e redistricting process.

ANALYSIS:

Every ten years upon the release of the decennial census data, the City must redraw its five (5) City Council districts based on the new census data and criteria set forth in state law, so that the districts correctly reflect current populations. Conducting the public hearings will fulfill the requirements needed so that the districts are redrawn and are substantially equal in population as required by the United States Constitution. The U.S. Supreme Court has generally defined ‘substantially equal’ as no m ore

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than a 10% deviation between the least and greatest populated districts. This process, called redistricting, ensures all districts have a nearly equal population. At this hearing, the City Council and community are invited to comment on the proposed options mentioned within the staff report. The City of Hemet must complete the redistricting process by April 17, 2022.

The City adopted its current district boundaries in 2016 and created district maps based on 2010 census data, as required by law. The districts must now be redrawn using the 2020 census data and in compliance with the Fair Maps Act, which was adopted by the California legislature as AB 849 and took effect January 1, 2020.

Under the Fair Maps Act, the City Council shall draw and adopt boundaries using the following criteria in the listed order of priority (Elections Code 21621(c)):

1. Comply with the federal and Voting Rights Act requirements of equal population within each district.

2. Be geographically contiguous.

3. Undivided neighborhoods and “communities of interest” (socio-economic geographic areas that should be kept together).

4. Display easily identifiable boundaries.

5. Be compact (do not bypass one group of people to get to a more distant group of people).

6. Shall not favor or discriminate against a political party.

Once the prioritized criteria are met, other traditional districting principles can be considered, such as:

1. Minimize the number of voters delayed from voting in 2022 to 2024.

2. Respect voters’ choices/continuity in office.

3. Future population growth.

By law, the City must hold at least four public hearings that enable community members to provide input on the drawing of district maps:

1. At least one hearing must occur before the city or county draws draft maps.

2. At least two hearings must happen after the drawing of draft maps.

3. The fourth hearing can happen either before or after the drawing of draft maps.

4. City or c ounty staff or consultants may hold a public workshop instead of one of the required public redistricting hearings.

To increase the accessibility of these hearings, cities, and counties must take the following steps:

• At least one hearing must occur on a Saturday, Sunday, or after 6:00 p.m. on a weekday. • If a redistricting hearing is consolidated with another local government meeting, the redistricting hearing must begin at a pre-designated time.
• Local public redistricting hearings must be made accessible to people with disabilities.

At the second public hearing held on February 8, 2022, the Council was presented with two options:

Option 1

The City’s current district boundaries, adjusted for the 2020 Census data, show that the districts remain population-balanced. The City’s 2020 census population is 90,305. The ideal district population is one-

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fifth of that number, or 18,061. Population balance is determined by measuring the spread, or deviation, between the least populated district and the great est populated district. Deviations of 10% or less are generally considered acceptable under U.S. Supreme Court rulings on the equal population standard under the U.S. Constitution. The City’s current deviation is 8.64%, which is under the 10% permissible standard. As such, the Council may choose to re -adopt their existing district boundaries following the required public hearings.

Option 2

Although the current district election map remains compliant, the Council may desire to redraw district boundary lines to achieve a lower deviation or achieve some additional purpose, such as maintaining communities of interest that are not adequately addressed in the current map, or both.

Another consideration is the distribution of minority voters throughout the City, and whether there is a possibility of creating a majority/minority voting district as addressed in the federal Voting Rights Act.

This analysis involves reviewing the ethnic demographics from the census data, specifically voting age populations (VAP) and citizen voting -age populations (CVAP). Upon reviewing the City’s VAP and CVAP data, creating a majority/minority voting district (a distr ict in which an identified minority comprises the majority of the voting-age population) may not be possible. While Districts 1 and 5 reflect a plurality of the Hispanic voting -age population (Hispanics comprise the single largest ethnic demographic), the same is not true when looking at the granular CVAP metric and the total population does not rise to the level of 50% + 1 using either metric. Therefore neither district can be characterized as a true majority/minority voting district. Further, the disperse d nature of minority residents may also impact the ability to create a majority/minority voting district. As maps are developed, further analysis of these metrics will occur. A complete demographic breakdown of the existing districts is attached to this report (Attachment 1).

Following the second public hearing, the Council directed the preparation of draft map(s) in an effort to achieve a lower deviation. The City’s consultant prepared two draft map options for the Council's consideration. In addition, one map was received from a member of the public. Images and demographic information is attached to this report (Attachment 2)

Further, the maps may be viewed at the following online link, including zoom and other geolocation services.

View Maps Online

Map Option 1

Option 1 is a simple population rebalance that lowers the total deviation to 2.79% from the current

8.64%. This was accomplished by moving 1,155 people from District 5 to District 4 in the southeastern portion of the City, and an additional 686 people from District 1 to District 5 in the center of the City.

Both of these movements result in the deferment of when these voters will next elect their Council representatives from 2022 to 2024. However, due to the increase in population in Districts 1 and 5, and the current under -population in District 4, coupled with the existing voting cycle, these deferments cannot be avoided.

In Option 1, Districts 2 and 3 remain unchanged from the current Council district boundary. Like the current boundary map, Option 1 does not create a majority/minority voting district. The map preserves the core of the existing districts, with compact, contiguous districts (District 2 excluded).

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Map Option 2

Option 2 further balances the population and exhibits a total deviation of 1.57%. This results in 862 people being moved from District 5 to District 4, and an additional 602 people from District 1 to District

5. Like Option 1, those voters will be deferred from a 2022 voting cycle to the 2024 election. Option 2 moves 377 fewer vo ters than Option 1. The map preserves the core of the existing districts, with compact, contiguous districts (District 2 excluded).

Also as in Option 1, Districts 2 and 3 remain unchanged from the current boundary map and it is unable to create a majori ty/minority voting district due to the level of minority citizens of voting age and the dispersed nature of their residencies.

Map Option 3

Option 3 was submitted by a member of the public. Option 3 exhibits a total deviation of 8.23%, down slightly from the current 8.64%. It significantly redraws the current boundaries and moves a considerable number of voters. All five Districts are reshaped with Districts 1, 4, and 5 representing the greatest movement. The districts are contiguous (District 2 excluded), but less compact than the current boundary map. Even with the significant redesign of the City’s districts, the map is unable to create a majority/minority voting district given the level of minority citizens of voting age and the dispersed nature of their residencies. Option 3 is currently being analyzed by the City’s demographic consultant and further demographic information will be provided at the public hearing.

Community Outreach

Also at the second public hearing, the Council requested a community workshop be held to further inform the public on the redistricting process and to provide instruction on how to utilize the online mapping tool for the public to submit draft maps. The wo rkshop was held on Saturday, February 12, 2022, and was attended by approximately 10 residents.

Next Steps and Hearings:

Following the public hearing, the Council may request revisions to any of the draft maps, which would be presented at the fourth p ublic hearing scheduled for March 8, 2022. Alternatively, the Council may select a preferred map, which would then be presented at the fourth public hearing along with the introduction of the Ordinance approving the final map. As stated above, the deadline for completing this process is April 17, 2022.

DISCUSSION:

Every ten years upon the release of the decennial census data, the City of Hemet must redraw its five (5) City Council districts based on the new census data and criteria set forth in state law so that the districts correctly reflect current populations. Conducting the public hearings will fulfill the requirements needed so that the districts are redrawn and are substantially equal in population as required by the United States Constitution. The U.S. Supreme Court has generally defined ‘substantially equal’ as no more than a 10% deviation between the least and greatest populated districts.

STRATEGIC PLAN INTEGRATION:

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GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.

Objective 1: Deliver messaging to the Community that connects, is consistent, and relevant.

Objective 2: Increase transparency for the public.

Objective 3: Increase the community's pride within the City.

FISCAL IMPACT:

None.

ALTERNATIVE(S):

Provide alternative direction to staff.

ATTACHMENT(S):

Attachment 1: Existing Districts with Demographic Data-c1 Attachment 2: Proposed Maps with Demographic Data-c1
Redistricting -Third Public Hearing Presentation - Hemet 02.22.22-c1

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District Total Population Raw Population % Population Total VAP* Latino VAP NL** White Alone VAP
NL Black Alone VAP
NL AIAN*** Alone VAP
NL Asian Alone VAP
NL Hawaiian Alone VAP
NL Other Race Alone VAP
NL 2+ Races VAP1 18,764 703 3.89% 13,896 6,037 5,410 1,446 96 300 61 63 4832 17,878 -183 -1.01% 13,718 5,609 5,967 940 88 528 41 42 5033 18,134 73 0.40% 14,652 5,048 7,000 1,396 52 524 54 53 5254 17,204 -857 -4.75% 13,218 4,752 5,959 1,096 71 748 46 74 4725 18,325 264 1.46% 13,506 6,398 4,860 1,260 106 382 49 64 387 Total 90,305Ideal 18,061
Total Deviation 8.64%
*VAP = Voting Age Population**NL = Non Latino***AIAN = American Indian Alaskan Native ATTACHMENT 1
Existing Boundaries with Demographic Data

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District
Total
Population
Raw
Population % Population
CVAP*19
Total
CVAP19
NL**
White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP19
NL
AIAN***
CVAP19

NL ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
1 18,078 17 0.09% 11,493 5,714 884 4,619 6,956 114 97 32 25 2 17,878 -183 -1.01% 11,130 6,109 686 3,759 7,356 - 336 11 20 3 18,134 73 0.40% 12,423 7,332 771 3,793 8,687 84 320 30 26 4 18,359 298 1.65% 11,532 6,079 893 3,497 7,976 62 476 45 50 5 17,856 -205 -1.14% 10,186 4,726 1,019 4,084 6,143 49 164 29 38 Total 90,305
Ideal 18,061 Deviation 2.79%
*CVAP = Citizen Voting Age Population
**NL = Non Latino
***AIAN =American Indian Alaskan Native
ATTACHMENT 2
Map Options with Demographic Data
Option 1

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District
Total
Population
Raw
Population
%
Population
CVAP*19
Total
CVAP19
NL**
White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP19
NL
AIAN***
CVAP19

NL ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
1 18,162 101 0.56% 11,505 5,597 918 4,676 6,927 114 104 32 25 2 17,878 -183 -1.01% 11,130 6,109 686 3,759 7,356 - 336 11 20 3 18,134 73 0.40% 12,423 7,332 771 3,793 8,687 84 320 30 26 4 18,066 5 0.03% 11,333 6,068 961 3,393 7,875 63 423 45 50 5 18,065 4 0.02% 10,373 4,854 917 4,131 6,273 48 210 29 38 Total 90,305
Ideal 18,061 Deviation 1.57%
*CVAP = Citizen Voting Age Population
**NL = Non Latino
***AIAN = American Indian Alaskan Native
Option 2

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Option 3

District Total PopDevation
Total
CVAP*
CVAP 19
NL**
White
Hispanic
CVAP 19
CVAP 19
NL Black
CVAP 19
NL
AIAN***
CVAP 19

NL ASIAN
CVAP 19
NL
Hawaiian
CVAP 19
NL Other
1 18146 0.42% 10606 47.46% 40.79% 7.99% 2.08% 0.99% 0.37% 1.87% 2 18956 4.90% 11766 52.98% 36.55% 7.18% 0.59% 2.76% 0.08% 1.66% 3 17865 -1.13% 12000 56.12% 33.05% 8.05% 1.26% 1.88% 0.21% 1.83% 4 17914 -0.86% 11656 53.28% 31.38% 8.61% 1.82% 4.08% 0.21% 1.84% 5 17468 -3.33% 10156 51.01% 37.23% 7.08% 0.72% 3.22% 0.39% 1.95% Total 90,349 Deviation 8.23%
Ideal 18,070
*CVAP = Citizen Voting Age Population
**NL = Non Latino
***AIAN = American Indian Alaskan Native

13.A

July 28, 20211
Redistricting 2021 - 2022
Third Public Hearing

13.A

AGENDA Project timelines01
Review Draft Maps02
03 Next steps and hearings
Hemet
2021/22 Redistricting Process
2

13.A

4 Hemet Council Terms
Council Members hold 4-year terms*
• Five districts drawn from 2010 Census data
• First district election held in 2016
• Districts 2 and 5 will elect in 2022
• Districts 1, 3 and 4 will elect in 2024

13.A

Redistricting Process
4 STEPS DESCRIPTION

1. Public Hearing No. 1 Present an overview of the redistricting process, hearing from community on communities of interest

2. Release draft maps Draft maps posted to project website

3. Public hearing No. 2 Continue discussion on communities of interest Receive public comment on process

4. Initial deadline for draft maps Deadline for the public to submit draft maps for inclusion in the next hearing packet and presentation

5. Public Hearing No. 3 PublicHearing to discuss and revise, if desired, the draft map(s)

5. Public Hearing No. 4 - Map
adoption
• Map adopted via ordinance or resolution
• Final map must be posted at least 7 days prior to adoption 4

13.A

• Equal Population
• Federal Voting Rights Act
• No Racial Gerrymandering
• Minimize voters shifted
to different election years
• Respect voters’ choices
/ continuity in office
• Future population growth
• Preserving the core
of existing districts
Federal Law
California Criteria for Cities
Other traditional principles
Redistricting Rules & Goals
5

13.A

Existing Districts
Housing Stats

13.A

Existing District Boundaries with 2020 Census Data
District Total
Pop
%
Deviation Latino CVAP19
Total
CVAP19
NL White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP
19 NL
AIAN
CVAP1
9 NL
ASIAN
CVAP1
9 NL
Hawai
ian
CVAP1
9 NL
Other
1 18,764 3.89% 9,018 11,869 5,818 936 4,790 7,166 114 104 32 25 2 17,878 -1.01% 8,316 11,130 6,109 686 3,759 7,356 - 336 11 20 3 18,134 0.40% 7,099 12,423 7,332 771 3,793 8,687 84 320 30 26 4 17,204 -4.75% 7,066 10,731 5,745 820 3,273 7,415 62 400 45 50 5 18,325 1.46% 9,461 10,611 4,956 1,040 4,137 6,494 49 233 29 38 Total Population: 90,305 • Ideal Population: 18,061 Total Deviation: 8.65% 7

13.A

Findings
• Total Deviation is below the “acceptable” range at 8.64% • Current district boundaries may be adjusted for population balance
• Creating a majority/minority district may be possible.

While two districts (1 & 5) have majority Hispanic Voting Age Populations (VAP), no district has a majority Hispanic Citizen Voting Age Population (CVAP)

13.A

Preeminent Considerations
July 28, 20219
• Equal population (one person/one vote)
• Racial minority voice
• Geographically contiguous districts
• Measured objectively

13.A

Important Considerations
"Communities of Interest”
July 28, 202110
• Physical boundaries
• Natural or artificial barriers
• Roadways, rivers, railways
• Parks, schools, and other landmarks
• Geographic integrity, compactness

13.A

Important Considerations
"Communities of Interest”
July 28, 202111
• Political boundaries
• School attendance areas
• Special district service areas
• Federal, state, and county divisions

13.A

Map Option 1
Housing Stats

13.A

Map Option 1 with 2020 Census Data
District Total
Pop
%
Deviation Latino CVAP19
Total
CVAP19
NL White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP
19 NL
AIAN
CVAP1
9 NL
ASIAN
CVAP1
9 NL
Hawai
ian
CVAP1
9 NL
Other
1 18,078 0.09% 8,651 11,493 5,714 884 4,619 6,956 114 97 32 25 2 17,878 -1.01% 8,316 11,130 6,109 686 3,759 7,356 - 336 11 20 3 18,134 0.40% 7,099 12,423 7,332 771 3,793 8,687 84 320 30 26 4 18,359 1.65% 7,549 11,532 6,079 893 3,497 7,976 62 476 45 50 5 17,856 -1.14% 9,345 10,186 4,726 1,019 4,084 6,143 49 164 29 38 Total Population: 90,305 • Ideal Population: 18,061 Total Deviation: 2.79% 13

13.A

Findings
• Total Deviation is below the “acceptable” range at 2.79% • Moves a minimal number of residents
• Districts 2 and 3 remain unchanged
• Retains the core of existing districts
• Is compact and contiguous (excluding District 2)
• Drawing a majority/minority district may be possible

13.A

Map Option 2
Housing Stats

13.A

Map Option 2 with 2020 Census Data
District Total
Pop
%
Deviation Latino CVAP19
Total
CVAP19
NL White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP
19 NL
AIAN
CVAP1
9 NL
ASIAN
CVAP1
9 NL
Hawai
ian
CVAP1
9 NL
Other
1 18,162 0.56% 8,783 11,505 5,597 918 4,676 6,927 114 104 32 25 2 17,878 -1.01% 8,316 11,130 6,109 686 3,759 7,356 - 336 11 20 3 18,134 0.40% 7,099 12,423 7,332 771 3,793 8,687 84 320 30 26 4 18,066 0.03% 7,314 11,333 6,068 961 3,393 7,875 63 423 45 50 5 18,065 0.02% 9,448 10,373 4,854 917 4,131 6,273 48 210 29 38 Total Population: 90,305 • Ideal Population: 18,061 Total Deviation: 1.57% 16

13.A

Findings
• Total Deviation is below the “acceptable” range at 1.57% • Moves a minimal number of residents
• District 2 remains unchanged
• Retains the core of existing districts
• Is compact and contiguous (excluding District 2)
• Drawing a majority/minority district may be possible

13.A

Map Option 3
Housing Stats

13.A

Map Option 3 with 2020 Census Data
District Total
Pop
%
Deviation Latino CVAP19
Total
CVAP19
NL White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP
19 NL
AIAN
CVAP1
9 NL
ASIAN
CVAP1
9 NL
Hawai
ian
CVAP1
9 NL
Other
1 18146 0.42% TBD 10606 47.46% 40.79% 7.99% TBD 2.08% 0.99% 0.37% 1.87% 2 18956 4.90% TBD 11766 52.98% 36.55% 7.18% TBD 0.59% 2.76% 0.08% 1.66% 3 17865 -1.13% TBD 12000 56.12% 33.05% 8.05% TBD 1.26% 1.88% 0.21% 1.83% 4 17914 -0.86% TBD 11656 53.28% 31.38% 8.61% TBD 1.82% 4.08% 0.21% 1.84% 5 17468 -3.33% TBD 10156 51.01% 37.23% 7.08% TBD 0.72% 3.22% 0.39% 1.95% Total Population: 90,305 • Ideal Population: 18,061 Total Deviation: 8.23% 19

13.A

Findings
• Submitted by a member of the public
• Total Deviation is below the “acceptable” range at 8.23% • Moves a significant number of residents
• All districts are redrawn to varying degrees
• Is somewhat compact and contiguous (excluding District 2) • Full demographic analysis is ongoing

13.A

Public Hearing & Discussion
July 28, 202121
• What is your neighborhood and what are
its boundaries?
• What other notable areas are in the
city, and what are their boundaries?
• Comment on draft maps
• Inform the public on how they can
participate

13.A

Public Hearing & Discussion
July 28, 202122
Following tonight’s hearing, BB&K will
revise any proposed maps at Council’s
direction
May consider looking at creating a
majority/minority voting district

13.A

Sources of Information
July 28, 202123
• Demographic data
• Staff expertise
• Public input
• Council input

13.A

July 28, 202124
Timeline & Next Steps
• Evaluate any publicly submitted maps
• Return at Public Hearing #4 with continued review
of proposed maps
• May select a preferred map

13.A

25 December 14, 2021 Public Hearing No. 1, Overview of redistricting process February 8, 2022 Public Hearing No. 2 – first review of draft maps February 14, 2022
Deadline for the public to submit draft maps for evaluation at Public Hearing No. 3.

February 22, 2022
Public Hearing No. 3 to review publicly submitted maps and consider input from workshops
March 8, 2022
Public Hearing No. 4 to select final map/introduce ordinance finalizing decision
April 17, 2022 Deadline to adopt and submit map to Registrar of Voters Timeline & Next Steps
25

13.A

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Feb 22 2022
Department: Community Development
Submitted by: Christopher Lopez, City Manager
H. P. Kang, Community Development Director, Monique Alaniz-Flejter, Principal Planner;

☐ Receive and File ☐ Consent Calendar ☐ Business Item ☒ Public Hearing

TITLE:

An Ordinance of the City Council of the City of Hemet, California, Amending Various Sections of Chapter 90 (Zoning) of the Hemet Municipal Code Second Story Design Criteria for Residential Construction

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

1. Open a public hearing and take testimony, if any; and

2. Introduce, read by title only, and waive further reading of an Ordinance of the City Council of the City of Hemet, California, Amending Various Sections of Chapter 90 (Zoning) o f the Hemet Municipal Code Second Story Design Criteria for Residential Construction.

BACKGROUND:

The City of Hemet has experienced significant growth in single-family residential development over the past 18 months. Currently, the city has four (4) nat ional builders and multiple local builders that have entitled approximately 3,000 units. Some of the tracts remained dormant for several years and are now being revisited for development. With such an increase, the City has experienced new development adjacent to existing neighborhoods which has brought on new opportunities and challenges. As a result, many residents who once enjoyed the openness of the vacant properties surrounding or adjacent to their rear yard are now seeing new homeowners and residents join their neighborhoods. Some residents have expressed concerns over the proximity of second story homes, which prompted Council to request that staff review how to mitigate some of the concerns from members of existing communities that included sightlin e issues, windows facing into existing back yards, the separation distances of houses, and the massing of two-story adjacent to single story construction.

Many new builders are proposing a mixture of single and two -story residential designs per the Ci ty of Hemet Municipal Code. The mixture of housing types helps vary the housing products offered to prospective residents of the community.

13.B

Although the Hemet Municipal Code does allow for two -story construction, the City Council desired a solution to new and existing single family residential cohesiveness and directed staff to evaluate and recommend various options for the Council's consideration.

On February 1, 2022, the Planning Commission adopted a Resolution recommending approval of the Zoning Ordinance Amendment 21-006 (Second Story Ordinance) to the City Council.

ANALYSIS:

The purpose of the zoning ordinance amendment is to mitigate privacy impacts, the visual mass and bulk of new multi -story homes, and additions built adjacent to existing single -story homes by implementing the following design techniques.

The code amendment includes requirements to address the following key points:

• Mitigation of Privacy Through Building Envelope
• Criteria to Reduce Appearance of Mass and Bulk
• Window and Balcony Placement To Minimize Sight Lines into Adjacent Properties • Privacy Planting
• Distance Between Structures

Mitigation of Privacy Through Building Envelope

1. Where adjacent to an existing single -story home, the second story of all structures shall be located with a 40 degree plane beginning at the adjacent property line. The intent of this code section is to restrict upper-level construction within a building envelope.

The following illustrative example involves a two -story home (25 feet tall), adjacent to a single -story home (18 feet tall), both on lot sizes of 60'x 100', and both with a 20 foot rear yard setback. Utilizing this method, a 25-degree plane was measured beginning at the adjacent property line to determine the building envelope. This method resulted in the upper level being stepped back by approximately 23 feet from the ground floor adjacent façade and over 60 feet away from the existing single -story home.

It should be noted that the greater the degree plane, the closer the two -level structure will be to the single-story home. The Planning Commission recommends the 35 degree as the most flexible criteria.

25 Degree

13.B

35 Degree

40 Degree

Criteria to Reduce Appearance of Mass of Two-Story

13.B

2. Where adjacent to an existing single -story home, a minimum of 100 percent of the second -story adjacent façade shall be stepped back from the ground floor adjacent façade a minimum of 15 feet. An example provided from the City of San Mateo Design Guidelines shows how a second -story addition stepped back from front and sides can be implemented. This technique can also be implemented for a rear yard as well. Whereas the City of San Louis Obis po prescribes 50 percent of the second -story façade and stepped back 1 to 6 feet from the ground floor.

3. A no build envelope shall be established for every 1 foot in building height, the structure shall step back at least 2 feet where adja cent to an existing single-story home. The measurement shall begin at the rear or adjacent property line.

The example provided by the City of Beaumont California and the City of Spokane both demonstrates how the step-back provision provides for an appropriate transition between both commercial and multi- family development from a single -family use. The City of Beaumont requires a multi -family building that is over 30 feet to be stepped back 15 additional feet. Whereas, the City of Spokane, Washington, provides a different method in which to apply the step back provision, starting at a height of 30 feet.

Additional height may be added at a ratio of 1 to 2 (one foot of additional building height for every two

13.B

feet of additional horizontal distance from the c losest single-family zone. Using these examples, it is recommended that a baseline of 18' -0" to 20' -0" be established for the reason that this is the typical height of a single-story home in the City of Hemet. We might consider as an option that for every 1 foot in height above 20 feet, the structure shall step back at least 2 feet were adjacent to an existing single- story home.

Utilizing a 3D Modeling Program for property with 20' -0" rear yard setback, the following diagram illustrates a 2' -0" setback for every 1' -0" in height (no build envelope). This also aligns more closely with Options A, B and C of the angled measurement. The measurement starts at the rear property line.

13.B

Window and Balcony Placement & Privacy Landscaping

4. Windows and balconies shall be offset to avoid direct sightlines into and from neighboring properties.

The City of Sunnyvale provides examples of how window orientation and floor plan design can adequately mitigate privacy through the use of offsets, clerestory or high windows, and privacy planting.

As provided in the draft ordinance, louvered windows, obscure glass, and windows at a sill height of five feet minimum are provided as options. Additionally, new trees and/or shrubs would be required on the applicant's property in an area bounded by a 30 -degree angle on each side and rear window jam as provided in the illustrative example below.

13.B

13.B

Distance Between Structures

5. Where adjacent to an existing single-story home, the minimum distance between any bedroom in the existing single-story home and the upper level of the new structure shall be a minimum of 50 feet, unless window orientation and design completely restricts visibility. Subject to review and approval by the Planning Division.

All of the components are included in the ZOA 21 -006 to provide most flexibility and continuity of the existing and new developments in the city. The Planning Commission recommends the 35 degree building envelop option.

Maintaining the Status Quo

6. Another option is to maintain the existing development standards as a Status Quo. The existing development standard has been part of the Hemet Municipal Code for Single Family Residential development for t he past 50 years. This is a industry standard for construction of single family residential units on single family detached lots that has also been practiced in surrounding communities.

Additionally, previously approved tracts are recorded with a lot siz e (5,000 sf, 6,000 sf, etc.) that may have difficulty meeting the proposed criteria due to lot fit constraints and home builder product type.

13.B

Proposed Findings:

Pursuant to Hemet Municipal Code Section 90-41.5(a), the findings are as follows:

1. The z oning ordinance amendment is in conformance with the latest adopted general plan for the City.

Finding: The proposed text amendment is consistent with the following General Plan goals and policies:

Community Development Policy 4: The City shall update t he Residential Design Guidelines for areas requiring special consideration, including rural residential, hillside residential areas and older residential neighborhoods. Newer developing areas should focus on the desired interface between residential and commercial development, emphasizing the need for well -designed transitions, maintaining each neighborhood’s sense of place, and encouraging coordinated development.

2. The zoning ordinance amendment will protect the public health, safety, and welfare.

Finding: The City of Hemet has experienced extreme single -family residential development growth in the past 18 months. Currently, the city has four (4) national builders and multiple local builders that have entitled approximately 3,000 units. Some of the tracts laid dormant for several years or decades and are being revisited for development. With such an increase, the City has experienced new development adjacent to the existing neighborhoods with residents who enjoyed the openness of the vacant properti es surrounding or adjacent to their rear yard. The purpose of the zoning code amendment is to mitigate privacy impacts, the visual mass and bulk of new multi -story homes, and additions built adjacent to existing single-story homes by implementing design techniques. The zoning ordinance amendment will protect the public health, safety and welfare.

CEQA Review:

The City has analyzed this proposed project and has determined that it is exempt from the California Environmental Quality Act (CEQA) under section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potentia l for causing a significant effect on the environment. ZOA 21 -006 in itself does not relate to any physical project and will not result in any physical change to the environment and does not affect the land use or density limitations of the General Plan. Therefore, it can be seen with certainty that there is no possibility that this Ordinance may have a significant adverse effect on the environment, and therefore, the adoption of this Ordinance is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.

PREVIOUS COUNCIL ACTION:

At the December 14, 2021 the City Council meeting, a work study was held where staff introduced various options that would address residential cohesiveness, as well as options related to objective design standards to the home builder.

At that meeting, the Council was in favor of exploring creative building offsets and angles, setbacks on upper stories, window placement offsets, and landscaping options.

Staff was directed to bring back a zoning code amendment t hat includes multiple options that can be selected by the home builder to mitigate concerns from members of existing communities.

13.B

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.

The proposed action aligns with Council adopted Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight. The purpose of the zoning code amendment is to mitigate privacy impacts and the visual mass and bulk of new multi-story homes and additions built adjacent to existing single-story homes.

GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.

The proposed action aligns with Council adopted Objective 2: Evaluate existing practices to ensure continuity with industry best practices by evaluating the municipal code.

FISCAL IMPACT:

There are no fiscal impacts.

ATTACHMENT(S):

Attachment 1: CC Ordinance (ZOA 21-006) Second Story Design Ordinance Attachment 2: PC Resolution Second Story Design Ordinance Attachment 3: Second Story Design Ordinance (Strikethrough Version) Attachment 4: Second Story Design Ordinance Clean Version Attachment 5: ZOA 21-006 2nd Story Ordinance_ Pesentation 22 Feb 2022

13.B

City Council Ordinance No. 22-
Outdoor Seating Parklet Ordinance (ZOA 21-007)

CITY OF HEMET
Hemet, California
ORDINANCE NO. 22-

AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF

HEMET, CALIFORNIA,

AMENDING VARIOUS
SECTIONS OF CHAPTER 90
(ZONING) OF THE HEMET

MUNICIPAL CODE SECOND

STORY DESIGN CRITERIA FOR

RESIDENTIAL
CONSTRUCTION.

WHEREAS, it is incumbent upon the City to maintain
an accurate and orderly zoning ordinance; and
WHEREAS, the proposed ordinance amends and
includes emerging trends businesses in the zoning
ordinance (Chapter 90 of the Hemet Municipal Code): and WHEREAS, the proposed text revisions of Zoning
Ordinance Amendment No. 21-007 will not substantially alter existing land use policy or development processing
procedures; and
WHEREAS, approval of these zoning ordinance
amendments will not detrimentally affect the health, safety, or welfare of residents of the City of Hemet; and
WHEREAS, on February 1, 2022 the Planning
Commission was presented with a draft of this Ordinance and, after conducting a duly noticed public hearing, voted to recommend that the City Council approve Ordinance; and
WHEREAS, on the 22nd of February, 2022, the City
Council considered the Ordinance, the Planning
Commission’s findings, and the record of information

13.B

City Council Ordinance No. 22-
Outdoor Seating Parklet Ordinance (ZOA 21-007)

regarding Zoning Ordinance Amendment No. 21-007 at a
duly noticed public hearing, at which time interested persons had an opportunity to provide testimony on this matter.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF
HEMET DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1: AMENDMENT OF SECTION 90-315 OF
ARTICLE XI. SINGLE FAMILY RESIDENTIAL ZONES OF
CHAPTER 90 (ZONING) OF THE HEMET MUNICIPAL
CODE AS FOLLOWS:
(g) Second Story Design Criteria. To mitigate
privacy impacts and the visual mass and
bulk of new multi-story homes and
additions built adjacent to existing
single-story homes.
(1) Applicability. (a) These requirements shall apply to new multi-story homes, multi-story decks,
multi-story additions, modifications to the
existing multi-story decks and/or new windows
on existing multi-story homes that increase
privacy impacts on neighboring residents.
(b) These requirements shall not apply to:

1. Skylights;

2. Windows with sills more than five
feet above the finished second floor;

3. Obscured, non-openable
windows;

4. Windows with permanent exterior
louvers to a height of five feet above
the second floor;

5. Non-operable windows with
obscure glass to a height of five feet
above the second floor; and

13.B

City Council Ordinance No. 22-
Outdoor Seating Parklet Ordinance (ZOA 21-007)

6. When waivers have been
obtained by all affected property
owners.
(2) OptionsThe applicant shall select from the following options a design that achieves the intent of this
ordinance.
(3) Second Story (a) Where adjacent to an existing single- story home, the second story of all
structures shall be located with a 35-
degree plane beginning at the adjacent
property line.
(b) Where adjacent to an existing single-story
home, a minimum of 100 percent of the
second story adjacent facade shall be
stepped back from the ground floor
adjacent facade a minimum of 15 feet.

This option exempts additional planting
plan.
(c) A no build envelope shall be
established for every 1 foot in building
height, the structure shall step back at
least 2 feet where adjacent to an
existing single-story home. The
measurement shall begin at the rear or
adjacent property line.

Example
(d) Windows and balconies shall be
offset to avoid direct sight lines into and
from neighboring properties.

13.B

City Council Ordinance No. 22-
Outdoor Seating Parklet Ordinance (ZOA 21-007)

(e) Where adjacent to an existing
single-story home, the minimum
distance between any bedroom in the
existing single-story home and the
upper level of the new structure shall be
a minimum of 50 feet, unless window
orientation and design completely
restricts visibility. Subject to review and
approval by the Planning Division.
(4) Planting Plan &
Windows. (a) Proposals for a new multi-story homes, multi -story decks, multi -story additions,
modifications to the existing multi -story
decks, and/or new windows on existing
multi -story homes shall be
accompanied by a planting plan which
identifies the location, species and
canopy diameter of existing and
proposed trees or shrubs to meet the
requirements in subsection (b) below.
(b) Privacy planting.
1). New trees and/or shrubs are
required on the applicant's property
in an area bounded by a thirty-
degree angle on each side and rear
window jamb.
3). The applicant shall provide the
Planning Division with a list of
proposed privacy planting trees and
shrubs. The list includes allowed
plant species, minimum size of trees
and shrubs, caliper of tree 5 feet
above soil, expected canopy or
spread size, and planting distance
between trees. The minimum tree
size shall be 24-inch box at the time
of planting or as approved by the

13.B

City Council Ordinance No. 22-
Outdoor Seating Parklet Ordinance (ZOA 21-007)

Planning Division to ensure privacy
screening is achieved.
4). In any residential zone, the
minimum height of privacy trees at
the time of planting shall be twelve
feet. The trees and/or shrubs shall
be planted prior to issuance of a final
occupancy permit.
5). Waivers.
a). New trees and/or shrubs are
not required to replace existing
front or privacy trees or shrubs if
an Internationally Certified
Arborist or Licensed Landscape
Architect verifies that the existing
trees/shrubs have the
characteristics of privacy planting
species, subject to approval by
the Director of Community
Development.
b). Affected property owner(s)
may choose to allow privacy
planting on their own property. In
such cases, the applicant must
plant the privacy screening prior
to issuance of a building permit.
c). The privacy mitigation
measures may be modified in any
way with a signed waiver
statement from the affected
property owner. Modifications can
include changes to the number of
shrubs or trees, their species or
location.
6). The property owner shall record a
covenant with the Riverside County
Recorder's Office that requires the
retention of all privacy planting, or

13.B

City Council Ordinance No. 22-
Outdoor Seating Parklet Ordinance (ZOA 21-007)

use of existing vegetation as privacy
planting, and required front yard
trees, prior to receiving a final
building inspection from the Building
Division.
7). Maintenance. The required plants
shall be maintained. Landscape
planting maintenance includes
irrigation, fertilization and pruning as
necessary to yield a growth rate
expected for a particular species.
8). Replacement. Where required
planting is removed or dies it must
be replaced within thirty days with
privacy tree(s) of similar size as the
tree(s) being replaced, unless it is
determined to be infeasible by the
Director of Community Development.
(c) Windows. The following is required
for all side and rear yard-facing
multi-story windows in residential
zones:
1). Cover windows with exterior
louvers to a height of five feet
above the second floor; or
2). Obscure glass to a height of
five feet above the second floor; or
3). Have a window sill height of
five feet minimum above
the finished second floor.

SECTION 2: CEQA FINDINGS.

The City has analyzed this proposed project and has
determined that it is exempt from the California
Environmental Quality Act (“CEQA”) under section
15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment. The

13.B

City Council Ordinance No. 22-
Outdoor Seating Parklet Ordinance (ZOA 21-007)

proposed text changes do not relate to any physical project and will not result in any physical change to the environment.

Therefore, it can be seen with certainty that there is no possibility that this Ordinance may have a significant
adverse effect on the environment, and therefore the
adoption of this Ordinance is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.

SECTION 3: SEVERABILITY.

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision,
sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses, phrases, or portions
thereof be declared invalid or unconstitutional.

SECTION 4: EFFECTIVE DATE.

This Ordinance shall take effect thirty (30) days from its passage by the City Council of the City of Hemet.

SECTION 5: PUBLICATION.

The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and pasting procedure authorized under Government Code
Section 39633(c).

INTRODUCED at the regular meeting of Hemet City Council on the ____ day of ____, 2022.

13.B

City Council Ordinance No. 22-
Outdoor Seating Parklet Ordinance (ZOA 21-007)

APPROVED AND ADOPTED this ____ day of ____, 2022.
__________
_______________
Malcolm
Lilienthal, Mayor
ATTEST: APPROVED AS TO
FORM:
_________________________
_____________________
____
John P. Maier, City Clerk Steven P. Graham, City
Attorney

13.B

City Council Ordinance No. 22-
Outdoor Seating Parklet Ordinance (ZOA 21-007)

State of California )
County of Riverside )
City of Hemet )
I, John P. Maier, City Clerk of the City of Hemet, do
hereby certify that the foregoing Ordinance was introduced and first read on the day of 2022, and had its second reading at the regular meeting of the Hemet City Council on the day of , 2022, and was passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________
_________________

13.B

City Council Ordinance No. 22-
Outdoor Seating Parklet Ordinance (ZOA 21-007)

John P. Maier, City
Clerk

13.B

G)\IO3U1-b0OI\)—\
CITYOFHEMETHemet,CaliforniaPLANNINGCOMMISSIONRESOLUTIONNO.PC2022-010ARESOLUTIONOFTHEPLANNINGCOMMISSIONOFTHECITYOFHEMET,CALIFORNIA,RECOMMENDINGTHATTHECITYCOUNCILADOPTANORDINANCETOAMENDV ARIOUSSECTIONOFCHAPTER90(ZONING)OFTHEMUNICIPALCODEFORSECONDSTORYDESIGNCRITERIAWHEREAS,pursuanttoGovernmentCodesections65854and65855,thePlanningCommissionhastheauthoritytoreviewandmakerecommendationstotheCityCouncilregardingamendmentstotheCity'szoningordinance;andWHEREAS,onJanuary20,2022theCitygavepublicnoticebypublishingnoticeinthePressEnterprisenewspaperoftheholdingofapublichearingregardingconsiderationofZoningOrdinanceAmendment21-007,anamendmenttotheCity’szoningordinance;andWHEREAS,onFebruary1,2022,thePlanningCommissionheldthenoticedpublichearingatwhichinterestedpersonshadanopportunitytotestifyinsupportof,oroppositionto,theproposedamendmenttotheCity’szoningordinanceandwhichthePlanningCommissionconsideredtheproposedamendmenttotheCity’szoningordinance;andWHEREAS,theCityhasanalyzedthisproposedprojectandhasdeterminedthatitisexemptfromtheCaliforniaEnvironmentalQualityAct(“CEQA”)undersection15061(b)(3)oftheCEQAGuidelinesbecauseitcanbeseenwithcertaintythatthereisnopossibilitythattheactivityinquestionmayhaveasigni?canteffectoftheenvironment;andWHEREAS,attachedasExhibit“A”istheproposedOrdinance;andNOW,THEREFORE,thePlanningCommissionoftheCityofHemetdoesResolve,Determine,FindandOrderasfollows:

PlanningCommissionResolutionNo.PC2022-010SecondStoryDesignCriteriaZOA21-006Page1of3Page 21 of 72

13.B

unicipalCode
CXJKIOUO1-§0OI\)—\
SECTION1:ENVIRONMENTALFINDINGSThePlanningCommission,inlightofthewholerecordbeforeit,includingbutnotlimitedto,theCity'sLocalCEQAGuidelinesandThresholdsofSigni?cance,thedirectionofthePlanningCommissionatitsmeetingonFebruary1,2022anddocumentsincorporatedthereinbyreference,andanyotherevidence(withinthemeaningofPublicResourcesCodeSections21080(e)and21082.2)withintherecordorprovidedatthepublichearingofthismatter,hereby?ndsanddeterminesasfollows:1 CEQA:TheCityhasanalyzedthisproposedprojectandhasdeterminedthatitisexemptfromtheCaliforniaEnvironmentalQualityAct(CEQA)undersection15061(b)(3)oftheCEQAGuidelines,whichprovidesthatCEQAonlyappliestoprojectsthathavethepotentialforcausingasigni?canteffectontheenvironment.ZOA21-006initselfdoesnotrelatetoanyphysicalprojectandwillnotresultinanyphysicalchangetotheenvironmentanddoesnotaffectthelanduseordensitylimitationsoftheGeneralPlan.Therefore,itcanbeseenwithcertaintythatthereisnopossibilitythatthisOrdinancemayhaveasignificantadverseeffectontheenvironment,andtherefore,theadoptionofthisOrdinanceisexemptfromCEQApursuanttoSection15061(b)(3)oftheCEQAGuidelines.SECTION2:ZONINGORDINANCEAMENDMENTFINDINGSPursuanttoHemetM Section90-41.5(a),thePlanningCommissionmakesthefollowing?ndingswithrespecttothiszoningordinanceamendment:1 ThezoningordinanceamendmentisinconformancewiththelatestadoptedgeneralplanfortheCity.Finding:TheproposedtextamendmentisconsistentwiththefollowingGeneralPlanpolicy:CommunityDevelopmentPolicy4:TheCityshallupdatetheResidentialDesignGuidelinesforareasrequiringspecialconsideration,includingruralresidential,hillsideresidentialareasandolderresidentialneighborhoods.Newerdevelopingareasshouldfocusonthedesiredinterfacebetweenresidentialandcommercialdevelopment,emphasizingtheneedforwell-designedtransitions,maintainingeachneighborhood’ssenseofplace,andencouragingcoordinateddevelopment.Thezoningordinanceamendmentwillprotectthepublichealth,safetyandwelfareFinding:TheCityofHemethasexperiencedextremesingle—fami|yresidentialdevelopmentgrowthinthepast18months.Currently,thecityhasfour(4)nationalbuildersandmultiplelocalbuildersthathaveentitledapproximately3,000units.Someofthetractslaiddormantforseveralyearsordecadesandarebeingrevisitedfordevelopment.Withsuchanincrease,theCityhasexperiencednewdevelopmentadjacenttotheexistingneighborhoodswithresidentswhoenjoyedPlanningCommissionResolutionNo.PC2022-010SecondStoryDesignCriteriaZOA21-O06Page2of3Page 22 of 72

13.B

erth
Recordséecre
CO®\lO30'l-|>0Jl\'J—\
theopennessofthevacantpropertiessurroundingoradjacenttotheirrearyard.Thepurposeofthezoningcodeamendmentistomitigateprivacyimpacts,thevisualmassandbulkofnewmu|ti—storyhomes,andadditionsbuiltadjacenttoexistingsing|e—storyhomesbyimplementingdesigntechniques.Thezoningordinanceamendmentwillprotectthepublichealth,safetyandwelfare.SECTION3:PLANNINGCOMMISSIONACTIONSThePlanningCommissionherebytakesthefollowingaction:ThePlanningCommissionapprovesResolutionrecommendingthattheCityCounciladopttheproposedOrdinancewhichisattachedheretoandincorporatedhereinbyreferenceasExhibitPASSED,APPROVEDANDADOPTEDthis1stdayofFebruary,2022bythefollowingvote:AYES:ChairWuerth,ViceChairVanArsdale,CommissionerBeamesderfer,CommissionerLemkeNOES:NoneABSTAIN:NoneABSENT:None irPlanningCommissionATTEST
CorinaHernandez,HemetPlanningCommissiontary
PlanningCommissionResolutionNo.PC2022-010SecondStoryDesignCriteriaZOA21-006Page3of3Page 23 of 72

13.B

- CODE
Chapter 90 - ZONING
ARTICLE XI. SINGLE-FAMILY RESIDENTIAL ZONES
Hemet, California, Code of Ordinances Created: 2022-01-21 08:52:31 [EST] (Supp. No. 64, Update 2)

ARTICLE XI. SINGLE-FAMILY RESIDENTIAL ZONES1
1Editor's note(s)—Ord. No. 1552, § 2, adopted Jan. 28, 1997, reorganized the residential zones by deleting §§ 90- 311—90-321 and adding new §§ 90-311—90-315. Formerly, such sections pertained to similar provisions and derived from Ord. No. 1216, §§ 21400—22410 of the 1984 Code; Ord. No. 1240; Ord. No. 1520, § 1, 5-23-95; Ord. No. 1335; Ord. No. 1246; Ord. No. 1286; Ord. No. 1335.

13.B

Created: 2022-01-21 08:52:31 [EST]
(Supp. No. 64, Update 2)

Sec. 90-311. Purposes.

The purpose of the single-family residential zones is to:
(1) Comply with the overall purposes stated in section 90-1 relating to the purpose of the zoning ordinance.
(2) Provide properly located family living areas based on a wide range of population densities in conformity with the general plan;
(3) Protect residential properties from noise, odors, smoke, dirt, vibration, glare, fire, explosion, noxious fumes, unsightliness and other hazards or objectionable influences; (4) Protect residential properties from congestion and nuisances caused by commercial and industrial traffic;
(5) Ensure adequate privacy, light, air and usable open space for each dwelling unit; (6) Provide a variety of housing opportunities with a move-up market and quality of life amenities that serve existing residents and attract new residents;
(7) Encourage land use and community design practices that balance growth and infrastructure, encourage smart growth principles, achieve a citywide jobs and housing balance, and otherwise implement the goals and polices of the general plan; and (8) Implement the RR (rural residential), LDR (low density residential), LMDR (low and moderate density residential), and MDR (medium density residential) land use designations of the general plan. (Ord. No. 1552, § 2, 1-28-97; Ord. No. 1653, § 1, 10-9-01; Ord. No. 1919 , § 1(Exh. 1), 9-27-16) Sec. 90-312. Permitted uses.

In the R-R, R-1-5, R-1-6, R-1-7.2, R-1-10, R-1-20, R-1-40 zones, permitted and conditionally permitted uses shall be as listed within the "land use matrix." Whenever a business is conducted, even if it is a home occupation, a city business license is required pursuant to chapter 18. All other uses not specifically listed in the matrix shall be interpreted as not permitted unless a similar use determination is made by the community development director pursuant to section 90-3. Uses located within the Hemet-Ryan Airport Influence Area are subject to the requirements of the Riverside County Airport Land Use Plan.

SINGLE-FAMILY RESIDENTIAL LAND USE MATRIX
P = Permitted  C = Conditionally Permitted (CUP)  A = Administrative Use (AUP) TUP = Temporary Use Permit  SGHP = Small Group Home Permit X = Not Permitted

ZONE REQUIREMENTS LAND USE
R-R R-1
A. Agriculture and Natural Resources

1. Commercial crop production including fruits,
vegetables, and ornamental plans
P X

2. Community garden P P

3. Produce stands
a. Permanent C X
b. Temporary TUP X Sec. 90-73
B. Residential Uses

13.B

Created: 2022-01-21 08:52:31 [EST]
(Supp. No. 64, Update 2)

1. Planned unit development P P Article XVIII

2. Mobile home parks C C Article XX

3. Secondary dwelling unit (e.g., guest house or
granny flat)
P P Sec. 90-321

4. Single-family home including manufactured
housing and prefabricated housing when installed on a
permanent foundation and in accordance with the
provisions of this article
P P

5. Travel trailer or recreational vehicle parks C C Article XXIII C. Residential—Other

1. Accessory uses and structures (non-dwelling) P P Sec. 90-320

2. Animal keeping P P Sec. 90-77

3. Home occupations P P Sec. 90-72
D. Care Uses

1. Detention Facility Sec. 90-83
a. Community d.etention facility for
unaccompanied minors
X X Sec 90-83
b. Private detention center X X Sec. 90-83

2. Family child care home, licensed Sec. 90-4
a. Small (up to 8 children) P P Sec. 90-72
b. Large (up to 14 children) P P

3. Group homes and small licensed care facilities Article X a. Small licensed care facility P P
b. Large group home X X
c. Small group home SGHP SGHP
d. Supportive housing P P
E. Education, Public Assembly, and Recreation Uses

1. Church, temple synagogue or other religious facility including, but not limited to, parish house, convent,
parsonage, monastery, religious school
C C

2. Outdoor recreation facilities (e.g., golf courses,
lawn bowling, game courts)
C C

3. Parks
a. Active C C
b. Passive P P
F. Service Uses

1. Bed and breakfast inn C C
G. Transportation, Communication, and Infrastructure

1. Solar energy systems - building mounted; non-
commercial (serving the development site)
P P

2. Wireless telecommunication facility Article XLVI
a. Antennae P P
b. Minor C C
c. Major X X
(Ord. No. 1566, § 2(B), 8-26-97; Ord. No. 1581, § 2, 2-24-98; Ord. No. 1591, § 1(2), 9-29-98; Ord. No. 1653, § 1, 10- 9-01; Ord. No. 1684, § § 1—5, 5-27-03; Ord. No. 1798, § 2(b)(Exh. B), 5-27-08; Ord. No. 1852, § 4(Exh. B), 6-12-12;

13.B

Created: 2022-01-21 08:52:31 [EST]
(Supp. No. 64, Update 2)

Ord. No. 1855, § 3(Exh. B, § 1), 9-11-12; Ord. No. 1901 , § 2(Exh. 2), 4-14-15; Ord. No. 1919 , § 1(Exh. 1), 9-27-16; Ord. No. 1926 , § 1(Exh. A), 4-25-17; Ord. No. 1946 , § 1, 7-24-18; Ord. No. 1949 , § 6(Exh. A, 6), 9-25-18; Ord. No. 1965(2020-004), § 3, 2-25-20; Ord. No. 1969(2020-008), § 2, 5-12-20; Ord. No. 1972, § 2, 2-9-21) Sec. 90-313. Zones established.

The single family residential zones are established in accordance with the standards of this article and as shown on the official zoning map pursuant to section 90-6. (1)R-R rural residential zone: To provide for the development of large residential lots or parcels that may combine the attributes of rural and urban living, to allow for commercial crop production in appropriate areas, and to preclude premature or untimely land development at urban densities in areas inappropriate or ill-suited for such development. (2)R-1 single-family zone: To provide for the development of single-family homes at a variety of lot sizes:
a. R-1-5: minimum lot size 5,000 square feet.
b. R-1-6: minimum lot size 6,000 square feet.
c. R-1-7.2: minimum lot size 7,200 square feet.
d. R-1-10: minimum lot size 10,000 square feet.
e. R-1-20: minimum lot size 20,000 square feet.
f. R-1-40: minimum lot size 40,000 square feet.
(Ord. No. 1919 , § 1(Exh. 1), 9-27-16; Ord. No. 1926 , § 1(Exh. A), 4-25-17; Ord. No. 1946 , § 2, 7-24-18) Sec. 90-314. General requirements.
(a) New development projects in the single family residential zones are subject to pre-application review as provided in section 90-49 and site development review as provided in section 90-48 of this chapter.

Development of the site and structures shall be consistent with all applicable design guidelines. (b) Prior to the construction of any building or structure a building permit shall be required in accordance with the latest city-adopted uniform building code. The following are minimum requirements, unless otherwise noted, and shall apply to all land, buildings, and structures in their respective zones. All area dimensions are in square feet, unless otherwise noted. All linear dimensions are in feet, unless otherwise noted. (c) Development projects established within the boundaries of the Hemet-Ryan Airport Influence Area shall be in accordance with state airport land use law.
(d) Subdivisions located in the R-1-5 and the R-1-6 zones with a lot size average of less than 7,200 square feet are subject to the compensating open space/park guidelines for small lot projects referenced in the city's single-family residential design guidelines.
(e) The following are minimum requirements, unless otherwise noted, and shall apply to all land, buildings, and structures in their respective zones. All area dimensions are in square feet, unless otherwise noted. All linear dimensions are in feet, unless otherwise noted.

Single-Family Zones General Development Standards
ZONE R-R R-1-40 R-1-20 R-1-10 R-1-

7.2 R-1-6 R-1-5

1. Minimum net lot area (square feet) 20,000 40,000 20,000 10,000 7,200 6,000 5,000

13.B

Created: 2022-01-21 08:52:31 [EST]
(Supp. No. 64, Update 2)

2. Minimum lot width (linear feet)
a. Standard 100 100 100 100 70 60 55
b. Cul-de-sac (frontage) 40 40 40 40 35 35 35
c. Flag lot/width of access strip 100/20 100/20 100/20 85/20 72/20 60/20 — d. Corner lot 100 100 100 100 75 65 60

3. Minimum lot depth (linear feet) 120 100 100 100 100 90 90

4. Minimum front yard setback
(linear ft.)
a. Minimum except as provided for in b
and c
20 20 20 20 18 18 18
b. Single-story side-on garage 20 20 20 20 15 15 15
c. Average of homes on one side of the
street in a block
20 20 20 20 20 20 20

5. Minimum rear yard setback
(linear ft.) including detached garages
20 20 20 20 15 10 10

6. Minimum side yard setback
(linear ft.)
a. Interior side yard 15 15 15 15 5 5 5
(1) Building separation — — — — 15 — —
b. Street side 15 15 15 15 10 10 10

7. Maximum lot coverage (percent)
a. One story 40 40 40 40 45 50 50
b. Two stories 35 35 35 40 40 45 45

8. Maximum structure height
(linear ft.)
35 35 35 35 35 35 35
Maximum stories 2 2 2 2 2 2 2

9. Minimum livable area (square feet) 1,200 1,200 1,200 1,200 1,200 1,200 1,200

10. Design standards Pursuant to section 90-315

11. Fencing and wall requirements Pursuant to section 90-316

12. Landscape requirements Pursuant to section 90-317;
article XLVIII

13. Accessory structures non-dwelling Pursuant to section 90-320

14. Secondary dwelling units Pursuant to section 90-321

15. Parking required Pursuant to article XL

16. Signing permitted Pursuant to article XXXVI

17. Hillside development Pursuant to article XII
(f) Allowed projections into setback areas. Maximum allowed projections shall be as follows, except that in all instances a minimum 36-inch wide passageway shall be maintained adjacent to the primary structure. The passageway shall be free of any obstructions including fences, mechanical equipment, and storage containers.

Projecting Feature Front Setback Area Side Setback Area Rear Setback Area Cornices, eaves, roof
overhangs, brackets, bay,
windows and similar
features
30 inches 30 inches 30 inches
Belt courses, sills, 6 inches 6 inches 6 inches

13.B

Created: 2022-01-21 08:52:31 [EST]
(Supp. No. 64, Update 2)

ornamental moldings,
pilasters, and similar
features
Chimneys, fireplaces,
attached barbeques
24 inches 24 inches 24 inches
Awnings and canopies 4 feet 25% of setback area 4 feet
Uncovered, unclosed
stairways or balconies
3 feet Not Permitted 3 feet
Covered, enclosed
stairways, balconies,
decks, or porches
Not permitted in the required setback area.

Patios and patio covers Pursuant to the setback requirements of the zone. (Ord. No. 1552, § 2; Ord. No. 1581, § 2; Ord. No. 1653, § 1; Ord. No. 1748, § 3; Ord. No. 1900 , § 5(Exh. 2), 4-14-15; Ord. No. 1919 , § 1(Exh. 1), 9-27-16; Ord. No. 1926 , § 1(Exh. A), 4-25-17; Ord. No. 1946 , §§ 3, 4, 7-24-18; Ord. No. 1982, § 1, 9-28-21)
Sec. 90-315. Site development requirements.
(a) In addition to the requirements of this article, the approving authority shall consider the following:
(1) The integration of natural features into the site plan, where appropriate, including rock formations, streambeds, unique vegetation, and hillsides.
(2) The use of grading and landscape design to enhance visual interest, reduce conflicts between land uses, accommodate drainage and treatment, and improve stormwater management. (3) The incorporation of sustainable land use and community design practices into site design including walkable neighborhoods, sense of place, preservation of open space, and crime free environmental design.
(b) No manufactured home shall be installed on a lot zoned for single-family dwellings if more than ten years has elapsed between the date of manufacture of the manufactured home and the date of the application for the permit to install the manufactured home in the subject zone. This exclusion shall not apply to legally permitted manufactured homes converting from a pier foundation system to a permanent foundation system.
(c) Single-family residential design guidelines that are established by resolution of the city council provide examples of design solutions to code requirements and are applicable to all new single-family residential projects to complement the mandatory standards contained in this article. Where there is a conflict or lack of clarity, the provisions of this article shall apply. (d) Single-story dwelling supplemental requirements in projects of five or more lots. (1) A minimum of 25 percent of the units in a tract/project shall be one-story dwellings. (2) Only units having a minimum 15 percent one-story element shall be plotted on corner lots. (e) Architectural supplemental requirements in projects of two or more lots. (1) The design of infill projects shall be compatible with adjoining neighborhoods in terms of massing, building heights, setbacks, and architectural style.

13.B

Created: 2022-01-21 08:52:31 [EST]
(Supp. No. 64, Update 2)

(2) Architectural trim features such as window moldings, recessed windows, shutters, or similar features shall be provided on all front, side, and rear facades, which are visible from public view. (3) At least 25 percent of any front and side façade shall be of a different building material to provide contrast. This requirement is waived for architectural styles that dictate uniformity of building materials.
(4) Alternative garage orientations and variations in front yard setbacks shall be incorporated into project design.
(f) Site design supplemental requirements in all single-family residential projects. (1) Front yard design is subject to the city's landscape design standards. (2) Private rear yard open space. A minimum flat, useable rear yard area is required in square footage equal to five percent of lot area.
(3) Trash collection area. A concrete pad with a minimum size of three feet by ten feet shall be provided in the rear side yard adjacent to a minimum 42-inch wide walkway to the front driveway or sidewalk to accommodate the trash bins and shall be screened from public view. For alley collection, other options may be provided.
(g) Second Story Design Criteria.To mitigate privacy impacts and the visual mass and bulk of new multi- story homes and additions built adjacent to existing single-story homes. (1) Applicability. (a) These requirements shall apply to new multi-story homes, multi-story decks, multi-story additions, modifications to the existing multi-story decks and/or new windows on existing multi-story homes that increase privacy impacts on neighboring residents.
(b) These requirements shall not apply to:

1. Skylights;

2. Windows with sills more than five feet above the finished second floor;

3. Obscured, non-openable windows;

4. Windows with permanent exterior louvers to a height of five feet above the second floor;

5. Non-operable windows with obscure glass to a height of five feet above the second floor; and

6. When waivers have been obtained by all affected property owners. (2) Options The applicant shall select from the following options a design that achieves the intent of this ordinance.
(3) Second Story (a) Where adjacent to an existing single-story home, the second story of all structures shall be located with a 35-degree plane beginning at the adjacent property line.
(b) Where adjacent to an existing single-story home, a minimum of 100 percent of the second story adjacent facade shall be stepped back from the ground floor adjacent facade a minimum of 15 feet. This option exempts additional planting plan.

13.B

Created: 2022-01-21 08:52:31 [EST]
(Supp. No. 64, Update 2)

(c) A no build envelope shall be established for every 1 foot in building height, the structure shall step back at least 2 feet where adjacent to an existing single-story home. The measurement shall begin at the rear or adjacent property line.

Example
(d) Windows and balconies shall be offset to avoid direct sight lines into and from neighboring properties.
(e) Where adjacent to an existing single-story home, the minimum distance between any bedroom in the existing single-story home and the upper level of the new structure shall be a minimum of 50 feet, unless window orientation and design completely restricts visibility. Subject to review and approval by the Planning Division.
(4) Planting Plan &
Windows (a) Proposals for a new multi-story homes, multi -story decks, multi -story additions, modifications to the existing multi -story decks, and/or new windows on existing multi -story homes shall be accompanied by a planting plan which identifies the location, species and canopy diameter of existing and proposed trees or shrubs to meet the requirements in subsection (b) below. (b) Privacy planting.
1). New trees and/or shrubs are required on the applicant's property in an area bounded by a thirty-degree angle on each side and rear window jamb. 3). The applicant shall provide the Planning Division with a list of proposed privacy planting trees and shrubs. The list includes allowed plant species, minimum size of trees and shrubs, caliper of tree 5 feet above soil, expected canopy or spread size, and planting distance between trees. The minimum tree size shall be 24-inch box at the time of planting or as approved by the Planning Division to ensure privacy screening is achieved. 4). In any residential zone, the minimum height of privacy trees at the time of planting shall be twelve feet. The trees and/or shrubs shall be planted prior to issuance of a final occupancy permit.
5). Waivers.
a). New trees and/or shrubs are not required to replace existing front or privacy trees or shrubs if an Internationally Certified Arborist or Licensed Landscape Architect verifies that the existing trees/shrubs

13.B

Created: 2022-01-21 08:52:31 [EST]
(Supp. No. 64, Update 2)

have the characteristics of privacy planting species, subject to approval by the Director of Community Development.
b). Affected property owner(s) may choose to allow privacy planting on their own property. In such cases, the applicant must plant the privacy screening prior to issuance of a building permit. c). The privacy mitigation measures may be modified in any way with a signed waiver statement from the affected property owner.

Modifications can include changes to the number of shrubs or trees, their species or location.
6). The property owner shall record a covenant with the Riverside County Recorder's Office that requires the retention of all privacy planting, or use of existing vegetation as privacy planting, and required front yard trees, prior to receiving a final building inspection from the Building Division. 7). Maintenance. The required plants shall be maintained. Landscape planting maintenance includes irrigation, fertilization and pruning as necessary to yield a growth rate expected for a particular species. 8). Replacement. Where required planting is removed or dies it must be replaced within thirty days with privacy tree(s) of similar size as the tree(s) being replaced, unless it is determined to be infeasible by the Director of Community Development.
(c) Windows. The following is required for all side and rear yard-facing multi-story windows in residential zones:
1). Cover windows with exterior louvers to a height of five feet above the second floor; or
2). Obscure glass to a height of five feet above the second floor; or 3). Have a window sill height of five feet minimum above the finished second floor.
(Ord. No. 1581, § 2; Ord. No. 1653, § 1; Ord. No. 1675; Ord. No. 1684, § §§ 1—5; Ord. No. 1748, § 3; Ord. No. 1919 , § 1(Exh. 1), 9-27-16)
Sec. 90-316. Walls, fencing, and screening.

This section provides for the regulation of location and height of walls, fencing, screening and landscaping so as to allow the enjoyment of the use of the property and the safety of persons using sidewalks and streets related to the property.
(1) Fencing in the front yard setback is subject to the following provisions:

13.B

Created: 2022-01-21 08:52:31 [EST]
(Supp. No. 64, Update 2)

a. Solid walls, fences, screening or hedge plantings in any required front yard setback shall be a maximum of 42 inches in height when measured from the adjacent sidewalk or street in order to maintain safe visibility for pedestrians and the egress and ingress of vehicular traffic. A combination of solid and open fences not exceeding 72 inches in height is permitted provided the solid part of such fence, screening, or hedge does not exceed 42 inches. Pilasters to a maximum height of 72 inches are permitted if spaced a minimum of ten feet on center with a maximum width of 18 inches.
b. Open fencing shall be a minimum of 75 percent open with the space between the solid material being three times the width of the solid material. The solid materials are limited to wrought iron, tubular steel, vinyl, or similar material.
c. Prohibited materials are chain link, chain link with slats, plexiglass, electric, hog wire, woven, barbed wire, and similar materials. Wood is prohibited in excess of 42 inches in height regardless of design.
d. Replacement fencing of any nonconforming material is subject to the provisions of division 2 of article II of this chapter regarding nonconforming uses. (2) On a corner lot a wall, fence or hedge up to six feet in height may be located parallel to the edge of the sidewalk on the street side yard adjacent to the lot up to the front yard setback, whether the sidewalk area is monolithic or has a planted parkway.
(3) On corner lots, the corner cutback area shall be free and clear of visual obstructions in excess of 42 inches in height. The corner cutback shall be defined by a line on a horizontal plane connecting two points along the front and street side property lines and forming a triangle. These points shall be measured 30 feet back from the intersection of the prolongation of the front and street side property lines.
(4) On lots where the driveway is adjacent to the rear yard of a neighboring lot the corner cutback area shall be free and clear of visual obstructions of 42 inches in height. The cutback lines shall be determined by measuring from the projection of the coterminous front and rear property line ten feet along the inside edge of the sidewalk and ten feet back from the street connecting the two points forming a 45-degree triangle.
(5) Fencing, screening, hedges along interior and rear property lines may not exceed 72 inches in height. (6) When a retaining wall is necessary, the combined retaining wall and hedge, walls or fence shall not be permitted to exceed six feet in height along the street side yard or reverse corner lot and nine feet in height along interior or rear property lines.
(7) Wall and fencing supplemental requirements in projects of five or more lots. a. Perimeter fencing. All perimeter fencing adjacent to the public right-of-way shall be decorative block, textured concrete or stucco with pilasters and caps and/or other material consistent with any adopted policy, guideline or standard in effect at time of approval. Wrought iron view fences are also permitted with pilasters and caps. Chain link fencing is prohibited. b. Interior lot fencing. Interior lot line fencing shall be comprised of masonry block, vinyl, wood, or other materials that comply with any adopted policy, guideline, or standard in effect at the time of approval.
c. Gates. Gates and front yard returns visible to the public right-of-way shall be comprised of painted or stained wood, vinyl, wrought iron or tubular steel, or other materials that comply with any adopted policy, guideline, or standard in effect at the time of approval. Chain link gates are prohibited.

13.B

Created: 2022-01-21 08:52:31 [EST]
(Supp. No. 64, Update 2)

d. A six-foot-high masonry wall shall be constructed along the perimeter of any lots that are placed adjacent to an existing church, school, commercial use, or public facility. (8) Swimming pool fencing. Swimming pools shall be entirely enclosed by buildings, fences or walls. Prior to filling the pool, the required fencing or walls must be in place and approved by the city building department.
(Ord. No. 1919 , § 1(Exh. 1), 9-27-16; Ord. No. 1966(2020-005), § 1, 2-25-20; Ord. No. 1972, § 2, 2-9-21) Editor's note(s)—Ord. No. 1919 , § 1(Exh. 1), adopted September 27, 2016, repealed the former § 90-316, and enacted a new § 90-316 as set out herein. The former § 90-316 pertained to hillside development, and those provisions are now set forth in article XII of this chapter. The former § 90-316 derived from Ord. No. 1653, § 1, adopted on October 9, 2001; and Ord. No. 1903, § 2(Exh. 1), adopted August 11, 2015.

Sec. 90-317. Landscaping.
(a) All new development must comply with the provisions of article XLVIII of this chapter. (b) Landscape guidelines that are established by resolution of the city council provide examples of landscaping solutions to code requirements and are applicable to all new single-family residential projects to complement the mandatory standards contained in this article and article XLVIII. Where there is a conflict or lack of clarity, the provisions of this chapter shall apply. (c) Landscaping on existing single-family residential properties is subject to the following minimum standards:
(1) All areas in the front or side yard setback visible from the public right-of-way and not covered by structures, driveways, or hardscape shall be landscaped. (2) Parkways, located between the curb and the sidewalk, are the responsibility of the property owner and shall be landscaped and maintained.
(3) Appropriate landscape includes drought tolerant plants, groundcover, bushes, and trees or a combination of living and non-living groundcover such as decorative rock, bark, artificial turf, or decomposed granite.
(Ord. No. 1919 , § 1(Exh. 1), 9-27-16)
Sec. 90-318. Measurement of yards.
(a) A required yard or other open space around an existing or proposed building shall not be used to meet a required yard or other open space for any other building on an adjoining lot or building site. (b) Garage doors shall not, when open or being opened, project beyond any lot line. (c) On most lots the required yards shall be as defined in section 90-4. On lots of unusual shape the director shall determine the front, rear and side yard areas based upon the location of the entrance to the house, the address of the house, the floor plan of the house, the slope of the lot, and other similar considerations. The yards shall be indicated on a site plan and maintained on file along with the building permit, see figure 1 below.

Figure 1

13.B

Created: 2022-01-21 08:52:31 [EST]
(Supp. No. 64, Update 2)

(d) On lots at the terminus of a cul-de-sac street and lots on the knuckle of a street the required setbacks of this section shall be an average of the closest and furthest setback from the proposed building. For example if the closest side yard setback is five feet the furthest side yard setback on that same side is 15 feet, the average setback would be ten feet. In no case shall the required yard be less than five feet, see figure 2 below.

Figure 2
(Ord. No. 1919 , § 1(Exh. 1), 9-27-16)
Sec. 90-319. Height measurement and height limit exceptions. (a) Maximum height shall be measured as the vertical distance from the finished grade to an imaginary plan located parallel to the finished grade at a height allowed by the zone. (b) Structures permitted above a specified height limit may be erected follows: structures or walls for the housing of elevators, stairways, tanks, ventilating fans or similar structures, skylights, towers, steeples, flagpoles, chimneys, smokestacks, wireless masts, radio and television masts, water tanks, silos or similar structures, provided that no roof structure, as listed in this subsection, or any space above the height limit

13.B

Created: 2022-01-21 08:52:31 [EST]
(Supp. No. 64, Update 2)

specifically prescribed for particular zones, shall be allowed or used for the purpose of providing usable floor space in excess of that reasonably required to maintain such structures and shall not be used for signage. (Ord. No. 1919 , § 1(Exh. 1), 9-27-16)
Sec. 90-320. Accessory structures (non-dwelling).
(a) An accessory structure is as defined in section 90-4. An accessory structure greater than 120 square feet is required to obtain a building permit.
(b) Accessory structures shall meet the required setbacks and lot coverage maximum of the zone in which they are located with the following exception: Accessory structures less than 120 square feet in area and less than eight feet in height which are not permanently affixed to the ground may be located as close as three feet to interior side or rear property lines. In no instance shall any accessory structure be placed closer to the front property line than the principal structure.
(c) The total area of all accessory structures shall not exceed 50 percent of the floor area of the principal structure. On lots of one acre or larger, accessory structures may be constructed in excess of 50 percent of the principal structure upon review and approval of an administrative adjustment application by the community development director and subject to the following criteria:
(1) The accessory structure is otherwise consistent with the regulations of the zone in which it is located; (2) The accessory structure is not detrimental to the public health, safety and welfare particularly that of adjacent properties; and
(3) The accessory structure does not detract from the residential character of the surrounding neighborhood.
(d) Accessory structures shall not exceed the following height limits:
(1) Garage, carport, portable covers: 20 feet.
(2) Gazebo, greenhouse, playhouse, outdoor play equipment, stationary barbeque, storage shed, stationary compost bin, and other accessory structures: 15 feet. (3) Structures located within five feet of a side yard or rear yard property line: eight feet. (e) Accessory structures shall be architecturally compatible with the principal structure and adhere to the following criteria:
(1) For accessory structures over 120 square feet, compatibility shall include the structures' primary color and construction materials;
(2) A garage installed in conjunction with a manufactured home shall be frame-constructed (e.g., wood, engineered wood, or structural steel) on a permanent concrete foundation; (3) For portable carports and/or RV covers, compatibility shall be limited to the structures' primary color. (f) All accessory structures shall be screened to the maximum intent possible with landscaping, fencing, or combination thereof, so as to minimize visual impacts from adjacent rights-of-way and from adjoining properties.
(Ord. No. 1919 , § 1(Exh. 1), 9-27-16; Ord. No. 1957, § 3, 6-11-19)

13.B

Created: 2022-01-21 08:52:31 [EST]
(Supp. No. 64, Update 2)

Sec. 90-321. Accessory dwelling units.
(a)General provisions.
(1) An application for an accessory dwelling unit shall be submitted to the building department for building plan check approval and shall be permitted ministerially without discretionary review if it meets the definitions and criteria listed in this section and all other applicable zoning, building and health and safety codes.
(2) Any property with an accessory dwelling unit permitted between January 1, 2020 and December 31, 2024 is not required to be owner-occupied. Any property with an accessory dwelling permitted prior to January 1, 2020 or after January 1, 2025 shall be owner-occupied. (3) An accessory dwelling unit may not be used for short term rentals with terms less than 30 days. (4) For the purposes of meeting the city's applicable regional housing needs allocation as contained in the adopted housing element, accessory dwelling units may be reported as progress towards meeting these goals.
(5) An accessory dwelling unit shall only be allowed on a residentially zoned lot under this article that contains an existing or proposed single-family or existing multiple-family residence. (6) For purposes of calculating allowable density, an accessory dwelling unit is not counted as an additional unit.
(7) The provisions of this section take precedence over any conflicting covenant, condition, or restrictions or homeowners association rule that prohibits or unreasonably restricts the construction or use of an accessory dwelling unit.
(b)Definitions.
(1)Accessory dwelling unit means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary residence, and shall have independent exterior access. It also includes the following:
a. An efficiency unit, as defined in Health and Safety Code § 17958.1. b. A manufactured home, as defined in Health and Safety Code § 18007. (2)Junior accessory dwelling unit means an accessory dwelling unit that is no more than 500 square feet in size and contained entirely within a single-family residence. (3)Passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(4)Tandem parking means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another, provided that the vehicles do not extend over the public sidewalk or right-of-way.
(c)General criteria. An accessory dwelling unit shall meet the following criteria. (1) The accessory dwelling unit may be rented separate from the primary residence but may not be sold or otherwise conveyed separately.
(2) The accessory dwelling unit may be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or detached from the primary dwelling.

13.B

Created: 2022-01-21 08:52:31 [EST]
(Supp. No. 64, Update 2)

(3) The number of accessory dwelling units that may be established on a lot shall be as provided in Government Code § 65852.2(e)(1)(A)—(D).
(4) A lot having an accessory dwelling unit shall not be subdivided in a manner that would allow for the principal dwelling unit and the accessory dwelling unit to be located on separate lots that do not meet the development standards required by the underlying zone. (5) The floor area of an attached accessory dwelling unit shall not exceed 50 percent of the floor area of the existing primary dwelling.
(6) The total area of floor space for a detached accessory dwelling unit shall not exceed 1,200 square feet. (7) Unless the conditions listed in this section apply, an accessory dwelling unit shall comply with the required standards and setbacks of the zone in which it is located. a. No setback shall be required for an accessory dwelling unit that is constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit.
b. A setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (8) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or is converted to an accessory dwelling unit, no replacement off-street parking spaces are required.
(9) No passageway shall be required in conjunction with the construction of the accessory dwelling unit (10) An accessory dwelling unit shall be architecturally compatible with the principal dwelling unit.

Compatibility shall be based on the architectural style, construction materials, and primary color, of the principal dwelling unit
(11) Unless the conditions listed in subsection 90-321(c)(12) apply, one parking space shall be provided on the same lot as the accessory dwelling unit in addition to the spaces required for the principal dwelling unit. The required parking space may be permitted in setback areas or through tandem parking, unless the director finds that such parking is not feasible based upon specific site conditions, or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the city. (12) Notwithstanding any other provision in this section, no parking standards shall be imposed for an accessory dwelling unit in the following instances:
a. The accessory dwelling unit is located within one-half mile walking distance of public transit. b. The accessory dwelling unit is located within an architecturally and historically significant and designated historic district.
c. The accessory dwelling unit is wholly within the space of an existing primary residence or an existing accessory structure.
d. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
e. When there is a designated car share vehicle station located within one block of the accessory dwelling unit.
(13) The standards contained in Government Code § 65852.2(f) shall be followed in determining whether an accessory dwelling unit requires utility meters and the payment of connection and capacity charges.

13.B

Created: 2022-01-21 08:52:31 [EST]
(Supp. No. 64, Update 2)

(14) Prior to the issuance of a building permit for an accessory dwelling unit, a covenant of restriction to run with the land, shall be recorded which specifies that the use of the secondary dwelling unit as an independent dwelling unit may continue only as long as the conditions on the lot remain in compliance with the criteria listed in this section and the secondary dwelling unit may not be sold separate and apart from the principal dwelling unit.
(15) This section shall not validate any existing illegal accessory dwelling unit. An application for an accessory dwelling unit may be submitted to convert an illegal accessory dwelling unit to a conforming legal accessory dwelling unit; however, the standards and requirements for said conversion shall be the same as for a newly proposed accessory dwelling unit.
(16) Applications for building plan check approval shall be processed within 60 days from the submittal of a completed application with all required submittal materials included if there is an existing single-family or multi-family residence on the lot. Applications for building permit plan check approval for an accessory dwelling unit being processed concurrently with a proposed primary single-family or multiple-family residence on the lot shall be processed concurrently with the approvals for the proposed primary residence.
(d)Special criteria for junior accessory dwelling units. Junior accessory dwelling units shall be subject to the following requirements, in addition to the general requirements in subsection (c) of this section. To the extent that any of the requirements of the subsection (d) conflict with the requirements of subsection (c), the provisions of this subsection (d) shall control.
(1) If necessary, an expansion of no more than 150 square feet to the physical dimensions of the existing structure may be added to accommodate ingress and egress to the junior accessory dwelling unit. (2) The junior accessory dwelling unit must include a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory unit.
(3) The junior accessory unit may include separate bathroom facilities or may share sanitation facilities with the existing structure.
(4) No more than one junior accessory dwelling unit is permitted on a single lot. (5) The owner of the single-family residential home in which the junior accessory unit is located must reside in either the remaining portion of the home or in the newly created junior accessory dwelling unit. Owner-occupancy is not required if the owner is another governmental agency, land trust, or housing organization.
(6) No additional parking is required for the junior accessory dwelling unit. The parking requirement for the single-family residential use and/or its zone shall apply. (7) A junior accessory dwelling unit shall not be metered separately from the principal dwelling unit for gas, electricity, and water/sewer services, and shall not be considered a separate residential use for purposes of connection fees or capacity charges, or for the purposes of fire or life protection ordinances or regulations.
(Ord. No. 1919 , § 1(Exh. 1), 9-27-16; Ord. No. 1940 , § 1(Exh. A), 12-12-17; Ord. No. 1964(2020-003), § 1, 2-25-20; Ord. No. 1972, § 2, 2-9-21)
Sec. 90-322. Appeals.

Appeal of a decision of the planning commission or the community development director or designee may be made pursuant to section 90-48(6).

13.B

Created: 2022-01-21 08:52:31 [EST]
(Supp. No. 64, Update 2)

Sec. 90-322. Reserved.

Sec. 90-323. Appeals.

Appeal of a decision of the planning commission or the community development director or designee may be made pursuant to section 90-48(6).
(Ord. No. 1919, § 1(Exh. 1), 9-27-16)
Secs. 90-324—90-350. Reserved.

13.B

Sec. 90-315. - Site development requirements.
(g) Second Story Design Criteria.To mitigate privacy impacts and the visual mass and bulk of new multi-story homes and additions built adjacent to existing single-story homes.
(1) Applicability.(a) These requirements shall apply to new multi-story homes, multi-story decks, multi-story additions, modifications to the existing multi- story decks and/or new windows on existing multi-story homes that increase privacy impacts on neighboring residents.
(b) These requirements shall not apply to:

1. Skylights;

2. Windows with sills more than five feet above the finished second floor;

3. Obscured, non-openable windows;

4. Windows with permanent exterior louvers to a height of five feet above the second floor;

5. Non-operable windows with obscure glass to a height of five feet above the second floor; and

6. When waivers have been obtained by all affected property owners.
(2) OptionsThe applicant shall select from the following options a design that achieves the intent of this ordinance.
(3) Second Story(a) Where adjacent to an existing single-story home, the second story of all structures shall be located with a 35-degree plane beginning at the adjacent property line.
(b) Where adjacent to an existing single-story home, a minimum of 100 percent of the second story adjacent facade shall be stepped back from the ground floor adjacent facade a minimum of 15 feet. This option exempts additional planting plan.
(c) A no build envelope shall be established for every 1 foot in building height, the structure shall step back at least 2 feet where adjacent to an existing single-story home. The measurement shall begin at the rear or adjacent property line.

Example

13.B

(d) Windows and balconies shall be offset to avoid direct sight lines into and from neighboring properties.
(e) Where adjacent to an existing single-story home, the minimum distance between any bedroom in the existing single- story home and the upper level of the new structure shall be a minimum of 50 feet, unless window orientation and design completely restricts visibility. Subject to review and approval by the Planning Division.
(4) Planting Plan &
Windows.(a) Proposals for a new multi-story homes, multi -story decks, multi -story additions, modifications to the existing multi -story decks, and/or new windows on existing multi -story homes shall be accompanied by a planting plan which identifies the location, species and canopy diameter of existing and proposed trees or shrubs to meet the requirements in subsection (b) below. (b) Privacy planting.
1). New trees and/or shrubs are required on the applicant's property in an area bounded by a thirty-degree angle on each side and rear window jamb.
3). The applicant shall provide the Planning Division with a list of proposed privacy planting trees and shrubs. The list includes allowed plant species, minimum size of trees and shrubs, caliper of tree 5 feet above soil, expected canopy or spread size, and planting distance between trees. The minimum tree size shall be 24-inch box at the time of planting or as approved by the Planning Division to ensure privacy screening is achieved.
4). In any residential zone, the minimum height of privacy trees at the time of planting shall be twelve feet. The trees and/or shrubs shall be planted prior to issuance of a final occupancy permit.
5). Waivers.

13.B

a). New trees and/or shrubs are not required to replace existing front or privacy trees or shrubs if an Internationally Certified Arborist or Licensed Landscape Architect verifies that the existing trees/shrubs have the characteristics of privacy planting species, subject to approval by the Director of Community Development.
b). Affected property owner(s) may choose to allow
privacy planting on their own property. In such cases, the applicant must plant the privacy screening prior to issuance of a building permit.
c). The privacy mitigation measures may be modified in
any way with a signed waiver statement from the affected property owner. Modifications can include changes to the number of shrubs or trees, their species or location.
6). The property owner shall record a covenant with the Riverside County Recorder's Office that requires the retention of all privacy planting, or use of existing vegetation as privacy planting, and required front yard trees, prior to receiving a final building inspection from the Building Division.
7). Maintenance. The required plants shall be maintained.

Landscape planting maintenance includes irrigation, fertilization and pruning as necessary to yield a growth rate expected for a particular species.
8). Replacement. Where required planting is removed or dies it must be replaced within thirty days with privacy tree(s) of similar size as the tree(s) being replaced, unless it is determined to be infeasible by the Director of Community Development.
(c) Windows. The following is required for all side and rear yard- facing multi-story windows in residential zones:
1). Cover windows with exterior louvers to a height of five feet above the second floor; or
2). Obscure glass to a height of five feet above the
second floor; or
3). Have a window sill height of five feet minimum above the finished second floor.

13.B

Hemet City Council
Second Story Design Ordinance ZOA 21-006
February 22, 2022

13.B

Strategic Plan Integration

1. To ensure that Hemet is safe, clean, attractive
and comfortable for all who live, work and visit.

The proposed action aligns with Council adopted
objective: Enhance the visual appearance of the
community. The purpose of the zoning code
amendment is to mitigate privacy impacts and the
visual mass and bulk of new multi-story homes and
additions built adjacent to existing single-story
homes.

13.B

Applicant: City of Hemet
Property Owners: Varies
Project Location: Citywide
Zoning: Single-Family Residential Zones
Project Information

13.B

Background
• Residents have enjoyed the openness
surrounding or adjacent to their rear yard.
• Many residents have voiced their vision for new
development adjacent to existing single-story
homes.

13.B

Purpose
•Mitigate Privacy Impacts
•Soften Visual Mass of New Multi-Story Homes and
Additions.

13.B

Discussion
Design Techniques
• Mitigate Privacy Through Building Envelope
• Criteria to Reduce Appearance of Mass &
Bulk
• Window & Balcony Placement to Minimize
Sight Lines into properties.
• Privacy Planting
• Distance Between Structures

13.B

Privacy & Building Envelope
25 Degree Angle

13.B

Privacy & Building Envelope
30 Degree Angle

13.B

Privacy & Building Envelope
35 Degree Angle

13.B

Privacy & Building Envelope
40 Degree Angle

13.B

Recommended
35 Degree Angle

13.B

Reduce Mass of Two-Story Home

13.B

Reduce Mass of Two-Story Home

13.B

Stepped Back

13.B

Recommendation
2’-0” Step Back for every 1’-0” of building height (No Build Envelope)

13.B

Window & Balcony Placement
• Window Offset
• Landscaping
• Obscure/Opaque Windows
• High Windows & Clerestory
• Leuvers

13.B

Landscape Treatment
• New Tree & Shrubs would be required on the (new
construction) site bounded by a 30-degree angle
on each side of windows.
• Affected property owner may choose to allow
planting on their property.
• Recorded Covenant with Riverside County
Recorder’s Office.
• Minimum height of tree at the time planting 12’-0”.

13.B

Distance Between Structures
Recommended 50’-0” from any bedroom in the existing
single family home, unless window orientation and design visibility.

13.B

CEQA
• California Environmental Quality Act (CEQA)
under Section 15061(b)(3) of the CEQA
Guidelines, which provides that CEQA only
applies to projects that have the potential for
causing a significant effect on the environment
• ZOA 21-006 – Not a physical project or physical
change

13.B

Public Notification
• Advertised in the Press Enterprise (10 day
hearing notice) on February 10, 2022
• No communications received in favor or in
opposition.

13.B

Recommended Action
It is respectfully recommended that the City Council:

1. Open a public hearing and take testimony, if any; and

2. Waive full reading, read by title only, and introduce an Ordinance of the City Council of the City of Hemet,
California, Adopt City Council Resolution and find that the project is categorically exempt from CEQA and approve
Zoning Ordinance Amendment No. 21-006 based on the
findings outlined therein.

13.B

Discussion & Follow Up

13.B

Findings

13.B

Findings

13.B

Ordinance

13.B

Ordinance

13.B

Ordinance

13.B

Ordinance

13.B

Ordinance

13.B

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Feb 22 2022
Department: Community Development
Submitted by: Christopher Lopez, City Manager
H. P. Kang, Community Development Director, Monique Alaniz-Flejter, Principal Planner;

☐ Receive and File ☐ Consent Calendar ☐ Business Item ☒ Public Hearing

TITLE:

An Ordinance of the City Council of the City of Hemet, California, Amending Various Sections of Chapter 90 (Zoning) of the Hemet Municipal Code for Outdoor Seating Parklets for Restaurants, Including Design Criteria

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

1. Open a public hearing and take testimony, if any; and

2. Waive full reading, read by title only, and introduce an Ordinance of the City Council of the City of Hemet, California, Amending Various Sections of Chapter 90 (Zoning) of the Hemet Municipal Code for Outdoor Seating Parklets for Restaurants, Including Design Criteria.

BACKGROUND:

On March 16, 2020, the Mayor and City Council proclaimed a local emergency in connection with the Novel Coronavirus (Covid-19 Pandemic). Subsequently, on July 14, 2020, the City Council ratified the City Manager's action allowing the temporary use of parking lot spaces associated with restaurants to be used for the placement of tables and chairs for outdoor dining, under the authority provided in the Hemet Municipal Code Section 26-6 in compliance with the Governor's guidelines/orders.

Since then, many restaurants were forced to adjust their hours of operation, limit staff, limit seating areas, and some restaurants had to temporary a nd/or permanently close their operation due to the Covid-19 pandemic and mandates by the State. One of the ways that some of our local restaurants combated these restrictions was to utilize the temporary use permit outdoor seating option authorized by the Council in 2020. This provided a quick opportunity to supplement the available seating/dining, while still maintaining the 6 feet separation required by the CDC (Centers for Disease Control) and Governor's Office guidelines.

13.C

Staff researched and obtained business community input to assess the desires of the business in the city for alternative options beyond COVID -19 pandemic. Staff's desire to be proactive and provide options has lead to the proposed ordinance to allow permanent option for outdoor dining for restaurants.

ANALYSIS:

The proposal would amend the zoning code to allow outdoor seating parklets for restaurants within existing parking lot spaces. This would also require a reduction in the required parking standards, allow for semi-permanent structures within an existing parking space, and specific design guidelines. This option offers support to the community’s business and provides a creative way of activating underutilized commercial development, and greater opportunity to enjoy outdoor dining options for the community and the public.

The following parklet concept has been utilized in several U.S. communities in response to the Covid - 19 pandemic restrictions. Due to the recent lifting of restrictions, communities are considering whether to maintain or remove outdoor dining in parking areas. A parklet is a semi-temporary area constructed on a raised platform in a parking space. As outlined in the attached Ordinance, the parklet may also include other design features, such as protective deck railing, shade, vegetation and landscaping, and lighting. Parklets have been a popular option in a Downtown setting. Other important considerations include ADA accessibility, ABC licensing, safety requirements such as barriers and fire access, adherence to the Department of Public Health guidelines, and appropriate building permits.

Due to the impacts of the Covid-19 pandemic, and continued impacts on our local restaurants, allowing for an outdoor seating dining option would support our community businesses.

Source: Giffels Webster Wisconsin

13.C

Source: New York City

Source: Palm Springs

13.C

Source: Santa Monica

Source: Laguna Beach-Downtown Village Promenade

13.C

Source: City of Glendale- by Zane Hill -Glendale News Press

Source: Downtown Walla Walla WA-by Greg Lehman- Union Bulletin

13.C

Source: City of West Hollywood

Overview of Process
As proposed, the Parklet permit approval process would be administered through a Temporary Use Permit. The term of the permit is one year with the option of extensions. Initial approval requires written approval from all owners of properties, and tenants of commercial properties, abutting or adjacent to the proposed outdoor seating pa rklet. Parklet must be designed for quick removal upon expiration of the permit.

Parklet Location

1.Parklets may be located within an existing parking space within a commercial site, along the frontage in conjunction with the operation of a bonafide restaurant, coffee shop, donut shop, ice cream, or other food eateries. Parklets in the right-of-way may utilize on-street parking space on a street with a posted speed limit of 30 mph or less and are located within a commercial setting and as described above. An outdoor dining area to be shared between establishments may vary from these requirements as approved by the Community Development Director.

2.Parklets may be located in all commercial zones and specific plan (with commercial zones) areas meeting the above criteria.

3.A revocable encroachment shall be approved prior to issuance of building permits when Parklet is located within an on-street parking space.

Parklet Site & Development Standards
On January 6, 2022, the Development Review Committee provided staff with recommendations for the zoning code amendment to ensure compliance with Building, Fire, and Engineering considerations. In addition, other similar programs both locally and nationwide provided additional guidance on best management practices for outdoor seating areas, including the City of Palm Beach Florida, Palm Springs, Richmond Virginia, San Jose, Simi Valley, Spokane Washington, West Hollywood, Laguna Beach, Santa Monica, Walla Wall Washington, Glendale California, New York, Milwaukee Wis consin, and Giffels Webster consulting firm.

Parklet Site Standards
Parklet may be located within an existing parking space, up to a maximum of two spaces. • The proposed temporary use shall not reduce the site's required off-street parking by more than twenty percent. Parklets shall have a buffer of three feet from adjacent parking spaces and travel lanes.
• ADA parking shall not be removed unless replaced. If relocated, parking shall be subject to Title

24. • Accessible path of travel shall be maintained and not less than four feet at all times. • Other important considerations include ADA accessibility, ABC licensing, safety requirements such as barriers and fire access, adherence to the Department of Public Health guidelines have been incorporated into the site standards.
• The permittee shall comply with all applicable California Alcoholic Beverage Control (ABC) regulations regarding alcohol use for their operations within a Parklet.

Prohibited Uses
• Advertising
• Amplified Sound, unless approved under special permit. • No outdoor merchandise

13.C

• No electrical or plumbing connections
• Flashing lights
• Excessive Decoration
• Pop-Up Tents
• No Food Preparation
• No Food Cooking (BBQ)
• Smoking
• Gas or diesel generators
• Other prohibitions on decking/railing materials and furniture. • Food Trays or Carts may not be stored in Parklets
Design Standards
The design standards include criteria for the parklet base design, decking material, colors, stormwater management, railing and barrier criteria, safety elements, quality of materials, landscaping, furniture, lighting, and misting for evening and summer months, approved parklet fixtures, and roof materials.

Maintenance
Parklets shall be maintained in a clean, sanitary, and safe manner at all times; free of debris, grime, and graffiti. The restaurant operator shall maintain the outdoor dining area in a clean and safe condition at all times, and shall properly dispose of a ll trash generated by the operation. The Parklet area shall be kept in a safe condition at all times, and all landscaping shall be kept in good health.

Suspension, Revocation, and Removal
The Community Development Director shall have the authority to ord er the removal of any parklet, parklet base, parklet fixture, parklet screen, and other objects on public property which are used in connection with any parklet which does not have a valid parklet permit after 48 hours notice directing such removal. Such n otice may be given by hand delivery to such person responsible for the unpermitted parklet or by posting such notice on the offending parklet or parklet fixture.

Proposed Findings
Pursuant to Hemet Municipal Code Section 90-41.5(a), the findings are as follows:

1. The zoning ordinance amendment is in conformance with the latest adopted general plan for the City.

Finding: The proposed text amendment is consistent with the following General Plan goals and policies:

LU-4.3: Infill Development and Re -Use: Actively promote the adaptive re -use and infill of economically underutilized obsolete, and dilapidated commercial and industrial sites, and foster rehabilitation consistent with surrounding uses and the needs of the community.

LU 13.7: Reuse of Under utilized Properties: Encourage the reuse of vacant, underutilized, or obsolete commercial and industrial buildings with higher value uses that are consistent with the General Plan goals and policies.

LU-1.2 Job Creation - Promote job growth within Hemet b y establishing land use patterns that encourage commercial and industrial growth opportunities, improve the City's job-housing balance reduce commute distances and time, lower vehicle emissions, and provide economic growth and stability for all segments of the City's population.

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2. The zoning ordinance amendment will protect public health, safety, and welfare.

Finding: The proposed zoning code amendment would allow outdoor seating parklets for restaurants within existing parking lot spaces. This would also require a reduction in the required parking standards, allow for semi -permanent structures within an existing parking space, and specific design guidelines. The intent of this article is to allow outdoor seating parklets for restaurants within existing parking lot space. This option offers support to the community’s business and provides a creative way of activating underutilized commercial development, and greater opportunity to enjoy outdoor dining options for the community and the public. The design standards and criteria set forth in the proposed zoning code amendment would protect the public health, safety, and welfare by establishing and updating zoning requirements that help ensure the accurate and orderly execution of adopted land use policy and procedures.

CEQA Review
The City has analyzed this proposed project and has determined that it is exempt from the California Environmental Quality Act (CEQA) under section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to p rojects that have the potential for causing a significant effect on the environment. ZOA 21 -007 in itself does not relate to any physical project and will not result in any physical change to the environment and does not affect the land use or density lim itations of the General Plan. Therefore, it can be seen with certainty that there is no possibility that this Ordinance may have a significant adverse effect on the environment, and therefore, the adoption of this Ordinance is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.

Public Communications Received
On January 20, 2022, the City published a notice in the Press -Enterprise of the holding of a public hearing before Planning Commission on February 1, 2022, at which time the proposed amendment to the City’s Municipal Code would be considered.

On January 6, 2022 email correspondence from Judith McPherson requesting a response to the following questions:

1.Does "available" parking spaces include City of Hemet parking spaces or only those that are privately owned?

Response: Parklets may be located withi n an existing parking space within a commercial site, along the frontage in conjunction with the operation of a bonafide restaurant, coffee shop, donut, ice cream, or other food eateries. Parklets in the right -of-way may utilize on-street parking space on a street with a posted speed limit of 30 mph or less and are located within a commercial setting and as described above.

2.If the answer to #1 includes the City of Hemet public parking spaces, then please discuss the process by which a privately owned ent erprise would be allowed to encroach for monetary gain upon the City of Hemet public space, and include discussion of provisions then required.

Response: A revocable encroachment shall be approved prior to issuance of building permits when Parklet is located within an on-street parking space or in the right-of-way. The parking space in a right- of-way within a Downtown setting is to be provided specifically for patrons of a restaurant, which abuts said right-of-way. Parklets may be located within an existin g parking space, along the frontage of the

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business that operates a bonafide restaurant, coffee shop, donut, ice cream, or other food eateries.

The intent of this article is to allow outdoor seating parklets for restaurants within existing parking lot space. This option offers support to the community’s business and provides a creative way of activating underutilized commercial development, and greater opportunity to enjoy outdoor dining options for the community and the public. Written approval from all o wners of properties, and tenants of commercial properties, abutting or adjacent to the proposed outdoor seating parklet.

3.At this time, is there any documented/permitted use of City of Hemet public right of way (including public parking space) for such C ity of Hemet property currently being used? If "yes", then include in this documentation the encroachment permit and advisement of neighboring business owners and property owners.

Response: Currently there are no parklets located within an existing right-of-way.

4.Does this parklet approach include the use of any City of Hemet public sidewalk?

Response: The parklet concept does not involve the use of a public sidewalk.

5.If the answer to #4 includes the City of Hemet public parking sidewalks, then p lease discuss the process by which a privately owned enterprise would be allowed to encroach for monetary gain upon the City of Hemet public sidewalk, and include discussion of provisions then required.

Response: The parklet concept does not involve the use of a public sidewalk.

6.At this time, is there any documented/permitted use of City of Hemet public right of way (including City of Hemet sidewalks) for such? If yes, then please provide the City of Hemet property (public sidewalks) currently being used. Include in this document ation the encroachment permit and advisement of neighboring business owners and property owners for such encroachment use.

Response: The parklet concept has not been implemented in the City of Hemet. This is a concept that has been embraced by both local and surrounding communities, as well as nationwide.

PREVIOUS COUNCIL ACTION:

At the December 14, 2021 City Council meetin g, a desire was expressed to offer a more permanent restaurant outdoor seating parklet option in addition to indoor use to support our community business.

Staff was directed to prepare an amendment to the zoning code to allow outdoor seating parklets for restaurants within existing parking lot spaces. This would also require a reduction in the required parking standards, allow for semi -permanent structures within an existing parking space, and specific design guidelines.

STRATEGIC PLAN INTEGRATION:

GOAL FOUR: PARTNERSHIP & COLLABORATION
To pursue partnerships that will increase the opportunities available to the community, including our businesses, unemployed, and youth populations.

The proposed action aligns with Council adopted Objective 3: Develop programs to offer support to the community's businesses. Due to the impacts of the Covid-19 pandemic and continued impacts on our local restaurants, allowing for an outdoor seating dining option would support our community businesses.

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GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.

The proposed action aligns with Council adopted Objective 2: Evaluate existing prac tices to ensure continuity with industry best practices by evaluating the municipal code.

FISCAL IMPACT:

There are no fiscal impacts.

ATTACHMENT(S):

Attachment 1: CC Ordinance (ZOA 21-007)
Attachment 2: Chapter 90 (Strikethrough Version)
Attachment 3: Outdoor Dining Parklet Ordinance Clean Version Attachment 4: PC Resolution 2022-009 ZOA21-007
Attachment 5: ZOA 21-007 Parking Exceptions Pesentation 22 Feb 2022

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City Council Ordinance No. 22-
Outdoor Seating Parklet Ordinance (ZOA 21-007)

CITY OF HEMET
Hemet, California
ORDINANCE NO. 22-

AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF

HEMET, CALIFORNIA,

AMENDING VARIOUS
SECTIONS OF CHAPTER 90
(ZONING) OF THE HEMET

MUNICIPAL CODE FOR

OUTDOOR SEATING

PARKLETS FOR

RESTAURANTS, INCLUDING

DESIGN CRITERIA
WHEREAS, it is incumbent upon the City to maintain
an accurate and orderly zoning ordinance; and
WHEREAS, the proposed ordinance amends and
includes emerging trends businesses in the zoning
ordinance (Chapter 90 of the Hemet Municipal Code): and WHEREAS, the proposed text revisions of Zoning
Ordinance Amendment No. 21-007 will not substantially alter existing land use policy or development processing
procedures; and
WHEREAS, approval of these zoning ordinance
amendments will not detrimentally affect the health, safety, or welfare of residents of the City of Hemet; and
WHEREAS, on February 1, 2022 the Planning
Commission was presented with a draft of this Ordinance and, after conducting a duly noticed public hearing, voted to recommend that the City Council approve Ordinance; and
WHEREAS, on the 22nd of February, 2022, the City
Council considered the Ordinance, the Planning
Commission’s findings, and the record of information
regarding Zoning Ordinance Amendment No. 21-007 at a

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City Council Ordinance No. 22-
Outdoor Seating Parklet Ordinance (ZOA 21-007)

duly noticed public hearing, at which time interested persons had an opportunity to provide testimony on this matter.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF
HEMET DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1: AMENDMENT OF SECTION 90-79 OF
ARTICLE 111 (SPECIAL USES AND CONDITIONS) OF
CHAPTER 90 (ZONING) OF THE HEMET MUNICIPAL
CODE.

Section 90-79 Outdoor Dining Parklet Permit of Article III (Special Uses and Conditions) of the Hemet Municipal Code is hereby amended to read as shown below:

Sec. 90-79. Marijuana facilities and cultivation. (Repealed Ord. No. 1977, § 3(Exh. A), 5-11-21))
Sec. 90-79- Outdoor Dining Parklet Permit
(a)Intent. The intent of this article is to allow outdoor seating parklets for restaurants within existing parking lot space. This option offers support to the community’s
business, and provides a creative way of activating
underutilized commercial development, and greater
opportunity to enjoy outdoor dining options for the
community and the public.
(b) Definition. The following terms shall have the following meanings for the purpose of this chapter:

Buffer means the space between the parklet area and
the adjacent parking spaces or travel lanes.

Parklet means a seating platform that converts curbside parking spaces into vibrant community spaces that may
provide amenities such as: seating, landscaping, bicycle parking, art, among others.

Parklet is a semi-temporary restaurant seating area
constructed on a raised platform in a parking space. The parklet also includes other design features, such as
protective deck railing, shade structure, outdoor seating, landscape planters, and ambient lighting. A parklet is a small public gathering space, occupying up to two parking stalls as applicable, on a public street, and within an existing
commercial center, whether owned privately or publicly, that

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City Council Ordinance No. 22-
Outdoor Seating Parklet Ordinance (ZOA 21-007)

is maintained by the business owner or property owner for a temporary period of time.

Parklet base means a raised platform that provides a
base for tables, chairs, umbrellas, and other elements.

Parklet screen means the vertical elements separating
the parklet base from adjacent travel lanes and parking spaces that may include; landscaping, planters, railing, among other elements.

Pedestrian Pathway means a paved path or walkway
owned privately, or owned by the city or other public entity that is specifically designed for pedestrian travel.

Public right-of-way means any public street, road,
avenue, highway, named or unnamed alley, lane, court,
place, trail, parkway, sidewalk or other public way, operated and/or controlled by the city or other public entity, or subject to an easement owned by or dedicated or granted to city.

Sidewalk means portion of a highway, other than the
street or roadway, set apart by curbs, barriers, markings or other delineation specifically designed for pedestrian travel and that is owned by the city or other public entity,
excluding any parkway.
(c) Parklet Permit Submittal Process

1. Temporary Use Permit. It shall be unlawful for any
person to operate or construct a parklet within an
existing parking space or public right-of-way parking
space without obtaining a Temporary Use Permit for a
Parklet as required by this article. Parklets shall only be permitted as set forth in this article.

2.Conditional. A parklet permit is conditional at all times and may be suspended, revoked or cancelled by the
city prior to expiration of the permit term.

3.Permit term. The term of a permit shall not exceed
one year per permit.

4.Renewal. A new permit issued without additional
review or additional fees, provided there will be no
changes to the permitted parklet, unless the city
determines that the parklet no longer meets the
requirements of this article.

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City Council Ordinance No. 22-
Outdoor Seating Parklet Ordinance (ZOA 21-007)

5.Application. Application for a parklet permit shall be made to the Community Development Director on
such application form and subject to such written
procedures as the Director may establish for that
purpose.

6.Plan and other materials to accompany application.

The following plan and other materials shall be
submitted with the application for a parklet permit.
a. Written approval from all owners of properties, and
tenants of commercial properties, abutting or
adjacent to the proposed outdoor seating parklet.
b. A detailed plan, drawn to scale that clearly illustrates the location and design of the proposed parklet, full
design details, wind load resistance calculations,
emergency removal plan, installation details,
insurance coverage, plus the parklet bond or deposit
and all required fees. Where applicable, the plan
must show all of the following:

1. The layout and arrangement of the proposed
Parklet, including full design details, wind
load resistance calculations, emergency
removal plan, installation details, overall
dimensions and the type, design, sidewalk
clearance, and placement of any barriers
and furnishings such as, but not limited to,
tables, chairs, umbrellas, planters, shade
structures, bike racks and any other
appurtenances to be located within the
boundaries of the proposed Parklet.

2. Photographs or other graphic
representations, together with specifications,
which depict the design, materials and
colors of chairs, tables, umbrellas, barriers
and other appurtenances to be located
within the boundaries of the proposed
Parklet.

3. Photographs of the proposed site of the
Parklet area, showing the relationship of the
site to the adjacent sidewalk and buildings.

4. A written letter that includes detailed
description of the manner of removal of the
Parklet upon the expiration and non-

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renewal.

5. Such additional information as the Director
may reasonably require as needed to
determine compliance with the provisions of
this division.

6. An application fee for the parklet Temporary
Use Permit review shall accompany the
application submittal requirements, which
are filed with the community development
director. The fee(s) shall cover the costs of
processing the applications in accordance
with a schedule adopted from time to time by
city council resolution.

7. Applications which are deemed incomplete
and with no activity to complete the
application for a period of 12 months from
the filing date are considered automatically
withdrawn and may be subject to a refund in
accordance with this section. Applications
which have been withdrawn will require a
new application and fee to be submitted in
order to process the application.

8. Application fee refunds shall be authorized
by the director for applications that are
withdrawn upon written request and proof of
payment by the applicant, in accordance
with a refund schedule based upon staff time
spent of the project. Requests for application
fee refunds shall be valid for a period of up
to six months from the date of withdrawal.

9. Portions of application fees paid to another
jurisdiction or agency for services to be
rendered in connection with the application
shall not be refunded by the city. Nothing
contained in this section shall prohibit
another jurisdiction or agency from refunding
fees directly to the applicant. If fees have
been paid out to another jurisdiction or
agency, the administrative fee related to
coordinating the review of applications by
other jurisdictions or agencies is
nonrefundable.

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City Council Ordinance No. 22-
Outdoor Seating Parklet Ordinance (ZOA 21-007)

7.Review. Complete application supplements shall be
reviewed for compliance with the standards, criteria
and conditions of this article and city ordinances and
must be approved by the following city
departments/divisions: community development,
public works, engineering, fire, building and safety,
and any other city department or division deemed
necessary by the Community Development Director.

8.The Development Review Committee shall review the
preliminary application to evaluate considerations,
such as buffers from traffic/drive aisles, decking
materials, aesthetics, tables and seating
arrangements, ADA accessibility, barriers and railing,
seating, shade, vegetation and landscaping,
amenities, bike parking, trash, lighting, emergency
access, interference with utilities or other on-site
improvements, and other safety elements.

9.Permit issued. Parklet permits will be issued based on application supplements that meet all requirements of
this article and city code, including the posting of a
parklet bond or deposit and submittal of certificates of insurance. Approval of a parklet permit is conditional
at all times. In addition to the parklet permit, a building permit and/or revocable encroachment permit may be
required. The applicant shall be responsible for
submitting the necessary applications and fees for
such permits and for obtaining all necessary permits
in accordance with city code.

10.Denial. A parklet permit shall be denied when:
a. The applicant has been found to have had a
violation of City Code that has been
unresolved.
b. It is necessary to prevent a nuisance from
developing or continuing;
c. It is necessary to protect the public safety;
d. The application supplement does not comply
with the requirements of this article or
applicable law;
e. All necessary permits have not been obtained.

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f. The applicant misrepresented or provided false
information in the permit application.
g. The Parklet permit has been suspended more
than two times in a 12-month period on
grounds of noncompliance pursuant to this
section.
h. The Parklet creates a public nuisance or a
hazard to the public health, safety or welfare.
i. The Community Development Director finds in
writing that there is a superseding public need
relative to the portion of the public right-of-
way occupied by or otherwise affected by the
Parklet.
(d) Insurance, Indemnification and Bonding

1. Before a Parklet permit is issued under this article, a certificate of insurance will be required in an amount
not exceeding $1,000,000.00 which names the city as
a co-insured for protection against claims of third
persons for personal injuries, wrongful deaths and
property damage. The city officers and employees
shall be named as additional insureds. The certificate
shall not be subject to cancellation or modification
until after 30 days' written notice to the city. A copy of the certificate will remain on file in the city clerk's office.

2. By obtaining a parklet permit, the permittee agrees
that it shall indemnify and hold harmless the city and
its commissioners, officers, employees and agents
from all liabilities, damages, losses and costs,
including but not limited to reasonable attorneys' fees, arising from applicant's installation or use of the
parklet. The permittee shall pay all claims and losses
and shall defend all suits, in the name of the city, its employees and officers, including but not limited to
appellate proceedings, and shall pay all costs,
judgments and attorneys' fees which may issue from
any such proceedings. An applicant shall execute a
hold harmless agreement as provided by the city prior
to the issuance of a permit under this article.

3. Bond. Prior to issuance of a building permit for
approved parklet, the applicant shall post a parklet

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City Council Ordinance No. 22-
Outdoor Seating Parklet Ordinance (ZOA 21-007)

bond or deposit with the Building and Safety Division,
in an amount satisfactory to the city, to cover the
costs associated with removal of the parklet and
restoration of the right-of-way in the event the
applicant fails to do so when required. Only the
following types of bonds or deposits will be accepted:
(i) bond issued by a surety company authorized to do
business in California, (ii) deposit of a cashier check or bank draft of any national bank or state bank, (iii) deposit of a certified check drawn on a financial
institution acceptable to the city, as determined by the finance department, or (iv) deposit of a U.S. postal
money order.
(e) Parklet location.

Parklets shall only be permitted in those areas which
meet each of the following location criteria:

1. Parklets may be located within an existing parking
space within a commercial site, along the frontage
in conjunction with the operation of a bonafide
restaurant, coffee shop, donut, ice cream or other
food eatery. Parklets in the right-of-way may utilize
on-street parking space on a street with a posted
speed limit of 35 mph or less and are located within
a commercial setting and as described above. An
outdoor dining area to be shared between
establishments may vary from these requirements
as approved by the Community Development
Director.

2. Parklets may be located in all commercials zones
and specific plan areas meeting the above criteria.

3. A revocable encroachment shall be approved prior
to issuance of building permits when Parklet is
located within an on-street parking space.

4. Parklets shall not be located in front of or restrict access to fire hydrants.

5. Parklets shall not be located in front of or interfere with bus stops.

6. Parklets shall not obstruct access to storm inlets,
manholes or other utility access points, including
above grade utility facilities.

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City Council Ordinance No. 22-
Outdoor Seating Parklet Ordinance (ZOA 21-007)

(f) Parklet Site Development Standard
General standards. Parklets shall conform to each of the following general standards:

1. Shall be well designed in conformance with the
design standards, attractive, comfortable, and
inviting, as determined by the city.

2. The parklet may be located within an existing
parking space, up to a maximum of two (2)
spaces.

3. The proposed temporary use shall not reduce
the site’s required off-street parking by more
than 20 percent.

4. Parklets shall have a minimum 3-foot
clearance from adjacent parking spaces.

5. A minimum 3-foot clearance from the travel
lane to provide adequate protection to
occupants.

6. The proposed Parklet will not cause a safety
hazard.

7. The proposed Parklet will not cause undue
motor vehicle traffic congestion in the
surrounding area.

8. ADA parking spaces shall not be removed,
unless replaced. If re-located shall comply
with Title 24 accessibility requirements.

9. Outdoor seating shall be served by an
accessible path of travel.

10. An accessible path of travel shall be
maintained for pedestrian and disabled
access circulation to and within the customer
dining area. Said path of travel shall be not
less than four (4') feet in width and comply
with the California Building Code.

11. Exiting shall not be impeded by outdoor
seating.

12. Structures shall be permitted through the City
of Hemet Building Division and all applicable

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City Council Ordinance No. 22-
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permit fees shall apply.

13. Outdoor seating areas are permitted and
required to be in compliance with California
Fire and Building Code Chapter 10 provisions
for emergency egress from any building exit
through and from the proposed seating
area(s).

14. Portable pre-manufactured heating units shall
be used in compliance with CA Fire Code
Chapter 3.

15. All electrical and plumbing must meet City
requirements.

16. Drainage: Parklet design and installation shall
not negatively impact existing site drainage
and shall keep existing flow lines and gutters
clear. Curbside drainage shall not be
impeded; a drainage canal underneath the
platform shall be installed when necessary.

17. Encourage usage of shared parklets among
restaurants.

18. Sight lines: Sight lines at existing driveways
(and intersections) shall be verified; clear
zones will need to be protected.

19. Parklets should not be allowed where a bus
stop or bus pad is located. A minimum clear
area of 60-feet for bus parking/stopping plus
20-feet pull in/out distance on both sides of
the clear area (minimum total of 100-feet).

20. Parklets shall not impede Bicycle routes.

21. Access point(s) to parklets shall be provided
via sidewalk or pedestrian pathways. No
openings/access shall be allowed towards
roadways and/or drive aisles.

22. If an enclosure wall or fence is provided for
the outdoor dining area, it must include
appropriate additional detailing and
architectural enhancements as deemed
sufficient by the Director and complement the
design, scale, colors and materials of the
adjacent building.

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City Council Ordinance No. 22-
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(g) Prohibited in Parklets.

Prohibited Uses. The following are prohibited in
Parklets:

1. Advertising

2. Consumption of alcohol except in compliance
with a valid ABC license.

3. Smoking

4. Gas or diesel generators

5. Electric cords that cross the public or
pedestrian sidewalk

6. No advertising or business identification shall
be permitted.

7. No outdoor merchandise shall be allowed in
the parklet.

8. No food preparation, food or beverage
storage, refrigeration apparatus, or
equipment shall be allowed in the parklet.

9. No food cooking (BBQ) griddle, burners, hot
plate, external flame cooking apparatus shall
eb allowed in the parklet.

10. No amplified entertainment shall be allowed
in the parklet, except as authorized by
special events permit.

11. Flashing lights.

12. Excessive decoration

13. Decking of plywood, lattice or concrete
material is prohibited, in addition to synthetic
turf, carpet, or similar coverings are
prohibited.

14. Plastic furniture or non-commercial grade
furniture is not permitted.

15. Chain link, rope, wire/steel cable, wood
lattice, industrial tarps, prefabricated
plastic/vinyl fencing and concrete block are
prohibited.

16. Pop-Up Tents, except as authorized under
Temporary Use Permit approval.

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City Council Ordinance No. 22-
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(h) Design Standards.

Design standards. Parklets shall conform to each of the following design standards:

1. Parklet Base:
a. All parklets shall require a platform base. The
finished floor height of the platform base shall
be level with the elevation of the adjacent
public sidewalk, and may not have more than a
one-half inch gap (vertical or horizontal) from
the curb.

2. Decking Material:
a. Plastic or composite decking
b. Treated wood decking
c. Treated wood decking tiles
d. Concrete pavers on a pre-engineered pedestal
system.

3. Color. Decking platform and skirting materials shall be limited to blacks, grays, browns, natural wood
finishes, and similar neutral colors.

4. Stormwater Management. Platforms shall be
designed as to not impede the flow of stormwater and
drainage. A minimum six-inch horizontal bap below
the decking surface shall be provided between the
curb face and base frame along the gutter to allow
rainwater to naturally flow without obstruction.

5. Railing/Barrier
a. All parklets shall provide protective safety railing or similar barrier around the parklet.
b. The railing or barrier shall be a minimum of 42
inches from the finished platform deck surface
and shall be a maximum of 50 inches from the
asphalt surface of the parking space. The railing
barriers shall be attached to the platform base.

The railings may not be attached to the roadbed
or curb.

6. Safety Elements Requirements

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a.a. A five-foot long wheel stop shall be installed
two feet from either side of the parklet side
screens, creating a buffer zone. Two-foot buffer
zones may include elements that increase the
visibility of the parklet.
b.b. Two white safe-hit type 2 surface mount
delineators shall be installed in line with wheel
stops, seven feet from the curb edge.

7. Materials
a. Parklets should be constructed of high-quality,
durable, non-reflective, and aesthetically pleasing
materials. Steel, finished woods, salvaged
building materials, and sustainably sourced
materials are recommended. All walking surfaces
should be non-slip and weather resistant to
ensure safety and accessibility. The parklet
should also be designed for ease of disassembly
and potential for recycling or reuse of materials.

8. Landscaping
a. Landscape plantings help soften the space and
can provide an aesthetically pleasant buffer
along the street-facing parklet edge. Drought-
tolerant landscape elements can include
planter boxes, hanging planters, green walls, or
ACA accessible raised beds.
b. Planters may be incorporated into the design of
the railing or barrier.

9. Furniture
a. Furnishing should be of quality materials and
designed for outdoor use.
b. Furniture may be metal, finished wood, vinyl or
other consistent furniture material. Plastic
furniture or non-commercial grade furniture is
not permitted.

10. Lighting/Misting Systems
a. Self-contained low-voltage lighting systems,

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such as solar or battery powered lights are
encouraged. Flashing lights and cords are
prohibited.
b. Misting systems shall be integral to the parklet
structure. Water supply for misting system shall
not be permitted to extend or spray into the
public sidewalk or other location.

11. Parklet Fixtures
a. Shall not be placed outside or hang over the
designated parklet area.
b. Shall not be physically attached, chained or in
any manner affixed to any structure, tree,
signpost, or light pole.
c. Shall be commercial-grade furniture.
d. Shall be maintained in a clean, sanitary and
safe manner.
e. Shall maintain a minimum vertical clearance of
seven feet.

12. Roof Materials
a. Shall not be placed outside or hang over the
designated parklet area.
b. The maximum height of any roof or shade
structure shall not exceed 12 feet in height.
(i) Maintenance Responsibility and Operations.

1. Parklets shall be maintained in a clean, sanitary
and safe manner at all times; free of debris, grime,
and graffiti. The restaurant operator shall maintain
the outdoor dining area in a clean and safe
condition at all times, and shall properly dispose of
all trash generated by the operation.

2. All removable tables and chairs must be removed
and stored at the close of business.

3. During non-business hours, items placed in Parklet
such as materials, furniture shall either be removed
from the Parklet or secured.

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City Council Ordinance No. 22-
Outdoor Seating Parklet Ordinance (ZOA 21-007)

4. Food trays or carts may not be stored in Parklets

5. The Parklet area shall be kept in a safe condition
cat all times, and all landscaping shall be kept in
good health

6. Permittees shall keep Parklets free of litter and
debris and keep the portion of the Traffic Barriers
within the Parklet area clean and well-maintained.

7. Permittee shall comply with all applicable California Alcoholic Beverage Control (ABC) regulations
regarding alcohol use for their operations within a
Parklet. Permittees are solely responsible for
securing a valid ABC license to allow/extend
business operations within the Parklet. A Parklet
permit does not constitute approval to serve alcohol
without an approved ABC license.
(j) Suspension, revocation and removal.

1. The Community Development Director shall have the
authority to order the removal of any parklet, parklet
base, parklet fixture, parklet screen, and other objects on public property which are used in connection with
any parklet which does not have a valid parklet
permit, after 48 hours' notice directing such removal.

Such notice may be given by hand delivery to such
person responsible for the unpermitted parklet or by
posting such notice on the offending parklet or parklet fixture.

2. Any parklet permit may be revoked and any parklet
may be removed, relocated or adjusted at any time,
as determined to be necessary by city, in order to
perform work in, on, above or under the private
property or right-of-way in the area of the parklet or
for any municipal purpose. When feasible, the city will give the applicant 30 calendar days’ notice to remove
the parklet at the applicant's expense.

3. A parklet permit may be revoked or suspended by a
special magistrate if it is determined that:
a. Any required certificate of use or health permit
has been suspended, revoked or cancelled
b. The permittee does not have the required
insurance;

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City Council Ordinance No. 22-
Outdoor Seating Parklet Ordinance (ZOA 21-007)

c. The permittee has been found in violation of
the parklet standards on three separate
occasions;
d. It is necessary to prevent a nuisance from
developing or continuing;
e. It is necessary to protect the public safety;
f. The permittee fails to comply with the
insurance and bond requirements of this
article;
g. The permittee fails to obtain all necessary
permits, including building permits or right-of-
way permits
h. In order to comply with applicable law.

4. The parklet permittee shall remove the parklet,
including the parklet base, parklet fixtures and parklet screen, at permittee's costs, within ten days of
expiration of the parklet permit or within the time
provided by notice of removal from the city. Upon
complete removal of the parklet to the city's
satisfaction, and completion of any necessary repairs
to public property, the city will return the parklet bond or deposit, or issue consent to the bond cancellation.

5. In the event the parklet is not timely removed, the city may remove the parklet and parklet base, parklet
fixtures and parklet screen. In the event of an
emergency where notice cannot be given, the city
may remove a portion or all of a parklet. In the event
that the city must remove the parklet and/or parklet
base or parklet fixtures, the city may use the parklet
bond funds for the removal, disposal and repair of
public property and the permittee shall reimburse the
city for any costs of removal, disposal or repair that
exceed the bond amount.

SECTION 2: CEQA FINDINGS.

The City has analyzed this proposed project and has
determined that it is exempt from the California
Environmental Quality Act (“CEQA”) under section
15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment. The

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City Council Ordinance No. 22-
Outdoor Seating Parklet Ordinance (ZOA 21-007)

proposed text changes do not relate to any physical project and will not result in any physical change to the environment.

Therefore, it can be seen with certainty that there is no possibility that this Ordinance may have a significant
adverse effect on the environment, and therefore the
adoption of this Ordinance is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.

SECTION 3: SEVERABILITY.

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision,
sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses, phrases, or portions
thereof be declared invalid or unconstitutional.

SECTION 4: EFFECTIVE DATE.

This Ordinance shall take effect thirty (30) days from its passage by the City Council of the City of Hemet.

SECTION 5: PUBLICATION.

The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and pasting procedure authorized under Government Code
Section 39633(c).

INTRODUCED at the regular meeting of Hemet City Council on the ____ day of ____, 2022.

APPROVED AND ADOPTED this ____ day of ____, 2022.

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City Council Ordinance No. 22-
Outdoor Seating Parklet Ordinance (ZOA 21-007)

__________
_______________
Malcolm
Lilienthal, Mayor
ATTEST: APPROVED AS TO
FORM:
_________________________
_____________________
____
John P. Maier, City Clerk Steven P. Graham, City
Attorney

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City Council Ordinance No. 22-
Outdoor Seating Parklet Ordinance (ZOA 21-007)

State of California )
County of Riverside )
City of Hemet )
I, John P. Maier, City Clerk of the City of Hemet, do
hereby certify that the foregoing Ordinance was introduced and first read on the day of 2022, and had its second reading at the regular meeting of the Hemet City Council on the day of , 2022, and was passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________
_________________

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City Council Ordinance No. 22-
Outdoor Seating Parklet Ordinance (ZOA 21-007)

John P. Maier, City
Clerk

13.C

- CODE
Chapter 90 - ZONING
ARTICLE III. SPECIAL USES AND CONDITIONS
Hemet, California, Code of Ordinances Created: 2022-01-21 08:52:29 [EST] (Supp. No. 64, Update 2)

ARTICLE III. SPECIAL USES AND CONDITIONS
Sec. 90-71. Applicability of article; conflicting provisions.

The provisions of this article shall apply to the uses enumerated in this article. Where this article prescribes regulations more restrictive than the regulations for the zone in which a use or condition is permitted or a conditional use, the provisions of this article shall control. (Ord. No. 621; Code 1984, § 20400)
Sec. 90-72. Home occupations.
(a)Purpose. The purpose of these regulations is to allow for a business to be conducted in the home, which is accessory to a residential land use where such a use will clearly not be disruptive or alter the character or the appearance of the neighborhood
(b)Permit required. Dwelling units may be used for business purposes when a business license, in conformance with chapter 18, and a home occupation permit have been issued. A home occupation permit shall be required for each business. If a business license for a home occupation is not renewed, the home occupation permit shall automatically expire with the business license. A fee for the processing of a home occupation permit may be established from time to time by resolution of the city council. (c)Issuance of permit. The director may, upon application, and payment of the required fee, issue a home occupation permit, with the conditions required in this section and any time limitations that are deemed necessary. The permit shall not be issued unless the director is satisfied that the applicant will meet all the conditions listed in subsection (d) of this section and the applicant has agreed in writing to comply with such conditions. The director may require a hearing for home occupations which the director determines potentially may not meet the purposes of this section. If a hearing is required it shall be in accordance with the requirements of sections 90-43.3 through 90-43.6.
(d)Conditions. The following conditions shall be observed at all times by the holder of a home occupation permit. In order to meet the purposes of the zone, for public safety, and/or to meet the requirements of state and local laws, the director may require additional conditions. (1) Signs or advertising shall not be displayed on the premises except for signing permitted under article XXXVI.
(2) Employees, assistants or volunteers who are not occupants of the dwelling shall not be employed on the premises.
(3) The home occupation, including inventory and supplies stored on the premises, shall be conducted wholly within the structures on the premises and shall not exceed 25 percent of the total floor area of the structures. The required garage space shall not be utilized for home occupation purposes. Required off-street parking areas may not be utilized for home occupations other than for parking, and shall not be considered as part of the total floor area.
(4) Display(s) of any kind shall not be visible from the exterior of the premises. (5) No mechanical or electrical apparatus, equipment or tools shall be permitted except those items which are commonly associated with residential use or are customary to home crafts.

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(6) Pedestrian or vehicular traffic shall not be in excess of that customarily associated with the zone in which the use is located.
(7) No customer services or sales of goods, wares or merchandise shall be made on the premises, except by telephone, computer or as follows:
a. Instruction or teaching: A maximum of three students per session and/or six students per day. b. The director may make allowances for single events in order to have more than the maximum of six students per day and/or three students per session. (8) There shall be conformity with fire, building, plumbing, electrical and health codes and with all state and local laws.
(9) There shall be no demand for municipal or utility services or community facilities in excess of those usual and customary for residential use.
(10) The residential character of the premises shall not be altered, nor shall the use unreasonably disturb the peace and quiet of the area, including alteration or disturbance relating to radio and television reception, color, design, materials, construction, lighting, sounds, noises, vibrations or vehicles. (11) The director, in approving a home occupation permit, may impose any additional conditions as deemed necessary to carry out the intent of this section.
(12) If the zoning regulations applicable to the premises are amended to prohibit such use, the home occupation permit shall be canceled within 90 days after notification. (e)Grounds for revocation of permit. Any home occupation permit shall be revoked by the director upon violation of any requirements of this chapter, or upon failure to comply with any of the conditions or limitations of the permit, unless such violation is corrected within three days of the giving of written notice thereof. A permit may be revoked for repeated violation of the requirements of this chapter, notwithstanding further notice.
(f)Appeal of denial or revocation of permit. A decision of the director may be appealed to the planning commission as prescribed in section 90-43.6.
(Ord. No. 1328; Code 1984, § 20401; Ord. No. 1563, § 2, 6-24-97; Ord. No. 1949 , § 4(Exh. A, 4), 9-25-18; Ord. No. 1965(2020-004), § 2, 2-25-20; Ord. No. 1972, § 2, 2-9-21) Cross reference(s)—Businesses, ch. 18.

Sec. 90-73. Temporary uses.
(a)Purpose. The purpose of these regulations is to allow for temporary or infrequent events, including, but not limited to parking lot sales, circuses and other nonpermanent uses on properly zoned sites within the city. (b)Permit required. A temporary use permit shall be required for each business and/or non profit group hosting an event or sale. Prior to or concurrently with the issuance of a temporary use permit the applicant must also meet the requirements of chapter 18 regarding business licenses. A fee for the processing of a temporary use permit may be established from time to time by resolution of the city council. (c)Temporary uses and conditions. The following is a list of temporary uses along with the conditions by which the use shall operate. When a temporary use permit is approved by the director it shall be subject to the limitations prescribed in this section.
(1) Outdoor art and craft shows and exhibits, outdoor sales and parking lot sales, subject to the following requirements:

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a. Temporary uses approved on public park sites are exempt from the requirements of this subsection.
b. The proposed temporary use shall not reduce the site's required off street parking by more than 20 percent.
c. Any site shall not be used for temporary uses more than 15 days in any 90-day period. When appropriate the director may authorize a longer period of time. (2) Circuses, carnivals or similar transient amusement enterprises, religious assemblies, and revival tent meetings, except in an R zone, and subject to not more than 15 days of operation in any 180-day period.
(3) Christmas tree sales lots, except in an R zone, subject to not more than 40 days of operation in any 50- day period. The operation of the lot shall conform to the adopted City of Hemet Christmas Tree Lot Standards, the Uniform Fire Code, and the Uniform Building Code. (4) Contractors' offices and storage yards on the site of an active construction project. The final building permit or certificate of occupancy will not be signed off until such time as the contractor's office and/or storage yard is removed.
(5) Mobile home residences for security purposes on the site of an active construction project. The final building permit shall not be signed off until the mobile home is removed. (6) Subdivision sales offices located within a subdivision, located on the site where building plans have been submitted for plan check, as long as the office is not located closer than 200 feet to an existing dwelling not part of the subdivision The office shall be removed prior to the opening of a model home complex.
(7) Promotional or fundraising events of an educational, civic or cultural nature by not-for-profit groups in any zone. Time restrictions shall be established by the director when the temporary use permit is issued when verification of nonprofit status is provided no fee shall be charged for the temporary use permit.
(8) Temporary recycling facilities.
(9) Mobile MRI (magnetic resonance imaging) trailer.
(10) Temporary flower stands.
(11) Food vending carts in the C-1, C-2, and C-M zone as an incidental use to a host retail business, in accordance with the requirements of section 90-73.1.
(12) Garage or yard sales in accordance with chapter 18, article IX or the Hemet Municipal Code, are allowed without a temporary use permit.
(13) Temporary produce stands on land in use for agricultural purposes where locally grown seasonal crops may be sold. Products grown outside of the city and outside of the adopted planning area shown on the Hemet General Plan shall not be sold at a temporary produce stand. Temporary stands shall be for the display and sale of fruits, nuts or vegetables and shall be established subject to the following criteria:
a. The site shall be a minimum of five acres in size and shall be in use for agricultural purposes. b. At least one product offered for sale shall have been raised on the premises. All other products offered for sale shall have been locally grown in the San Jacinto Valley. c. The duration of the use shall be established through conditions fixed by the director.

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d. The applicant shall submit plans for site ingress and egress and other plans which may be required by the director in order to make the site safe for the public and to meet state and local laws.
(14) Temporary produce stands on land in the C and M zones, where seasonal crops may be sold.

Temporary stands shall be for the display and sale of fruits, nuts or vegetables and shall be established subject to the following criteria:
a. The site shall be vacant and shall be restored to its original condition at the end of each day. If there is a semi-permanent portable building used for the produce stand, it may remain in place for the length of the permit.
b. The duration of the use shall be established through conditions fixed by the director, generally to run with the spring and summer fruit and vegetable crops. c. One handicap accessible restroom shall be provided.
d. One city approved fire extinguisher shall be provided and located in the portable produce stand. e. At least two refuse containers shall be provided onsite located near the portable produce stand. f. Clearance from Riverside County Environmental Health Department. g. One onsite cellular telephone or similar device available for use in the event of an emergency.

Evidence, prior to the establishment of the use, of liability insurance naming the city as an additional insured in the amount of $1,000,000.00.
i. One double-sided 32 square foot sign per street frontage, with the sign copy and material professional in appearance, with clearly defined letters. j. Potted plant material shall be placed onsite to soften the appearance of the portable produce stand.
k. A traffic circulation plan, approved by the Hemet Public Works Department. Any traffic signing required by the public works department shall be installed and maintained by the applicant. (15) Additional uses determined to be similar to the uses listed in this section in the manner prescribed by article I of this chapter.
(16) Parking lot sales of new and used motor vehicles, in addition to compliance with all other provisions of this section 90-73, shall be subject to the following special requirements:
a.Parking lot sales shall mean the sale of new or used motor vehicles at a temporary location, also known as an "off-site" location in the Regulations of the California Department of Motor Vehicles that is not a location integrated into a permitted motor vehicle dealer's use. b.Temporary parking lot sale shall only be conducted by a motor vehicle dealer licensed by the California Department of Motor Vehicles.
c. Parking lot sales shall be permitted only during the last three weeks of May and the first week of June and the month of September in order to limit traffic congestion in the city during times of inclement weather or times of extreme heat.
d. Applications for a temporary use permit for a parking lot sale of motor vehicles must be received for processing at least six months prior to the proposed date of such parking lot sale. e. Each motor vehicle dealer seeking to participate in parking lot sales shall obtain a separate temporary use permit in the name of that dealer's business.

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(Supp. No. 64, Update 2)

f. At the time of application for a temporary use permit for a parking lot sale, the provisions of subsection (b) above, requiring issuance of a City of Hemet business license, shall be complied with.
g. Each motor vehicle dealer obtaining a temporary use permit for a parking lot sale shall deposit with the city the sum of $1,500.00 as security against sales tax revenues generated within the city during the parking lot sale in order to assure full compliance with all tax requirements for sales at locations other than the dealer's primary place of business. Such deposit shall be fully refundable to the dealer upon receipt by the city of all sales taxes generated by the applicant. h. Each dealer participating in a parking lot sale in the city shall comply with all regulations of the California Department of Motor Vehicles with regard to point-of-sale tax allocation. Failure to comply with all such requirements shall be grounds for denial of future business license and temporary use permits for parking sales.
(17) Temporary metal storage containers for seasonal or temporary use may be permitted subject to the requirements of section 90-82, Metal storage containers. (d)Appeals. A decision of the director may be appealed to the planning commission as prescribed in section 90-

43.6. (e)Extensions of time or modification of limitations. Upon written application, the director may extend the time within which temporary uses may be operated, or may modify the limitations under which such uses may be conducted, if the director determines that such extension or modification is in accord with the purposes of this chapter.
(f)Cleanup of site. Each site occupied by a temporary use shall be left free of debris, litter or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used only in accord with the provisions of this chapter.
(Ord. No. 621; Ord. No. 1054; Ord. No. 1170; Ord. No. 1367; Code 1984, § 20402; Ord. No. 1563, § 2, 6-24-97; Ord.

No. 1667, § 1, 4-9-02; Ord. No. 1909 , § 1(Exh. C), 1-12-16) Sec. 90-74. Food vending carts.
(a)Conditions. In order for a temporary use permit to be issued, food vending cart operators shall meet the following conditions:
(1) The host business (one) shall have a minimum of 20,000 square feet of gross floor area. (2) The applicant shall submit an affidavit from the owner of the property on which the cart is placed, and from the business owner, if different from the property owner, granting permission for the placement and operation of the cart.
(3) There shall be no more than one cart for each host business. (4) The cart shall not be placed in the public right-of-way, designated fire lanes, drive aisles, landscaped areas, required parking stalls, loading zones, exit-ways and pedestrian walkways. Placement of the cart shall not preclude safe pedestrian access, nor shall the placement of the cart require individuals to enter the drive aisle. A fixed location for the cart shall be established, and approved by the fire marshal.
(5) All food and condiments shall be placed on or near the cart and shall occupy not more than 100 square feet of area. Customer seating or tables may utilize some additional area, provided that the extent of such seating and tables does not significantly expand the cart's operation or encroach into drive aisles, parking spaces or required exits.

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(Supp. No. 64, Update 2)

(6) The total area of all signs advertising and identifying the cart and its operation shall be limited to placement on the cart, and shall be less than 32 square feet in total area, including umbrellas and similar shade structures with signs placed over the cart or seating areas. Two price lists of not more than one square foot each may be posted on the cart, and may be excluded from the 32-square foot total sign arc.
(7) The cart operator shall be responsible for the management and removal of all trash and refuse generated by the food service business.
(8) The cart shall be limited to operating within the business hours of the host retail business. (9) The number of food items sold shall be limited to ensure that the cart remains as a minor and incidental use to the host retail business.
(10) The cart operator and/or owner shall maintain a current city business license and Riverside County health permit, displayed in a conspicuous location on the cart. (11) The cart shall be totally freestanding and shall not have any electrical, plumbing, heating or other similar connections to the host business or any other nearby business facility. (Ord. No. 1445; Code 1984, § 20403; Ord. No. 1563, § 2, 6-24-97) Cross reference(s)—Businesses, ch. 18; health and sanitation, ch. 34.

Sec. 90-75. Reserved.

Editor's note(s)—Section 2 of Ord. No. 1852, adopted June 12, 2012, repealed Ord. No. 1798, from which § 90-75, boarding houses and residential care facilities, had derived. See § 90-261 et seq. for similar provisions.

Sec. 90-76. Commercial coach as business, industrial, or institutional facility. (a)Intent. It is the intent of this section to provide regulations for the use of certified commercial coaches as a business, industrial or institutional facility, with development standards that determine the life of the permit. (b)Site development plan review required. If the land use has received previous approval, the use of a commercial coach on the site shall require a miscellaneous project application and approval, pursuant to article II, section 90-48 of this chapter.
(c)Requirements. All owners of commercial coaches shall comply at all times with the following conditions:
(1) Certification that the construction of the commercial coach is per state requirements with appropriate state label for commercial occupancy.
(2) Sanitary hookups as required.
(3) Provisions for handicapped accessibility, including handicapped restrooms. (4) The commercial coach shall comply with all standards of the zone in which it is located. (5) The use of the commercial coach shall be included when determining the parking and parking lot landscaping requirements for the site.
(6) The commercial coach shall comply with setback and separation requirements as defined by the Uniform Building Code, and meet all minimum safety standards as defined by the state and authorized by the local jurisdictions.
(7) Approval by the fire chief who has the ability to impose conditions ensuring the protection of the public.

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(8) All utilities serving the coach shall be underground. (9) Commercial coaches shall be fire-sprinklered.
(d)Development standards. In order to approve the permanent use of a commercial coach the staff review board must find that it has met the following standards which address compatibility with surrounding development and visual impact of commercial coaches and their use. (1)Age of the coach. New coaches are preferred, and coaches can be no older than five years when sited under this permit.
(2)Foundation. Foundation plans shall provide for the commercial coach to be located at ground level.

Commercial coach foundation systems shall be installed in compliance with California Code of Regulations, Title 25, Section 133.
(3)Materials. Materials used for siding and roof shall be compatible with surrounding buildings. a. Roof-mounted equipment is not permitted.
b. Brick, wood, stucco, concrete, metal or other similar material is preferred. c. Glossy, reflective, polished and/or rolled-form type metal is expressly prohibited. (4)Architectural features. Architectural features of the commercial coach shall be utilized to enhance its compatibility with surrounding buildings, in the following areas:
a. Window treatment;
b. Building trimming;
c. Roof pitch or detail:

1. Eave overhangs are required.

2. Main entryways shall be covered, with a lattice or solid cover. d. Commercial coaches previously approved may be subject to retrofitting in order to maintain architectural compatibility on the site, should other structures be placed on the site. (5)Permanent landscaping, irrigation and screening. Landscaping shall be designed to soften the visual impact of the commercial coach and paving.
a. Landscaping plans shall be submitted to the planning director for review and approval prior to the installation of the coach.
b. Landscaping and an automatic sprinkler system shall be installed prior to occupancy. (6)Colors. The colors of the coach shall be harmonious with surrounding structures, particularly if there is a main building on the same site.
(e)Temporary facilities. Commercial coaches may be used for the following temporary purposes without conformance to the development standards outlined in subsection 90-76(d):
(1)Construction office: On the site of active construction. See subsection 90-73(a)(4). (2)Subdivision sales office: One year. See subsection 90-73(a)(6). (3)Security office/caretaker's quarters: On the site of active construction. See subsection 90-73(a)(5). (4)Classrooms, sales office, storage: One year.

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(5)Location/viewshed: The coach should be located when possible, where it is generally screened from public view from scenic highways, entrances to the city, commercial centers, or an open viewshed in general.
(f)Violation. Violation of this section shall be an infraction. Violation is further declared to be deemed a public nuisance which the city attorney shall cause to be abated. (Ord. No. 1477, § 2(20405), 9-28-93; Ord. No. 1903 , § 2(Exh. 1), 8-11-15) Sec. 90-77. Animal regulations and keeping requirements. (a) The regulation and keeping of animals is additionally subject to the provisions of HMC Chapter 10, Animals. (b) Offspring of animals shall not be counted toward the maximum allowed number of animals until they have reached the age of four months for cats, dogs and other small animals, six months for large animals, and 12 months for horses.
(c) Animals shall not be kept in any required front or side yard setback. (d) The conditions under which animals are kept must meet all applicable local, state, and federal laws and regulations.
(e) Animals and/or conditions under which animals are kept shall not create a public nuisance and shall protect the public health and safety and the health and safety of the animals. (f) The raising, training, breeding, or keeping of allowed animals in residential zones for commercial purposes shall require a conditional use permit.
(g) Animals permitted in each zone shall be as listed within the Animal Regulations and Keeping Requirements Matrix.

Animal Regulations and Keeping Requirements Matrix
Type of Animal Use Allowable
Zoning
District
Minimum
Lot Size
Maximum
Number
Allowed
Supplemental
Regulations

1. Apiary
(Beekeeping)
A-1, A-2,

R-R, OS-G
Per Sec.
10-108
Per Sec. 10-
108
Chapter 10, Article
III
a.

Noncommercial
A-1, A-2,
R-R
1 acre No Maximum 2. Aviaries
(large space
that allows
birds to fly)
b. Commercial A-1, A-2 Per zone By
Administrative
Use Permit
All birds must be
confined.
a. Small birds—
parakeets,
finches, love
birds and
similar size
birds
Per zone 20 3. Birds
(Household)
b. Large birds—
macaws,
parrots,
mynahs and
All
residential
Per zone 5
All birds must be
confined.

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similar size
birds

4. Bovine Cows, oxen,
buffalo
A-1, A-2 Per zone 5 per acre up
to maximum
of 10
No bovine or any
pen, coop, stable
or barn shall be
kept within 50 feet
of a residentially
zoned property line

5. Cats
domesticated
All
residential
Per zone 4

6. Dogs
domesticated
All
residential
Per zone 3

7. Equine
animals
Including but
not limited to
all types of
horses, mules,
burros,
donkeys,
ponies, llamas,
and alpacas
A-1, A-2,
R-R, R-1-
40 1 acre 5 per acre up
to a maximum
of 20
No equine or any
pen, coop, stable
or barn shall be
kept within 50 feet
of a residentially
zoned property line

8. Exotic and/or
wild animals
A-1, A-2,
R1, R-R
Per zone Must meet
requirements
of Chapter 10
Sec.10-3 Wild
Animal Permit

9. Fish (koi),
amphibian
and/or frog
ponds
A-1, A-2,
R1, R-R
Per zone No maximum Pursuant to
building code
regulations
R-R 20,000 sf 2 10. Pigs and hogs
A-1, A-2 Per zone 5
No swine or any
pen, coop, stable
or barn shall be
kept within 50 feet
of a residentially
zoned property line
A-1, A-2 1 acre 12 hens and 1
rooster per
acre to a
maximum of
50 hens and 2
roosters
No poultry or any
pen, coop, stable
or barn shall be
kept within 50 feet
of a residentially
zoned property line

11. Chickens
R-R, R1-
40, R1-20,
R1-10, R1-

7.2 7,200 sf 4 hens, no
rooster
Pursuant to Sec.
90-77(h)

12. Turkeys,
geese, ducks,
R-R, A-1,
A-2
1 acre 6 No poultry or any
pen, coop, stable

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peacocks,
pigeons,
emu, and
other
domesticated
birds
or barn shall be
kept within 50 feet
of a residentially
zoned property line
R-R, A-1,
A-2
1 acre 4 per acre to a
maximum of
15 No sheep, goats or
any pen, coop,
stable or barn shall
be kept within 50
feet of a
residentially zoned
property line

13. Sheep and/or
goats-all
types
All zones None No maximum With a Temporary
Use Permit per Sec.
90-73, goats
and/or sheep may
be used for
cleaning vacant
sites of plant
materials for no
more than four
weeks per six-
month period
All
residential
None 10 14. Small animals Including but
not limited to
chinchilla,
hamsters,
guinea pigs,
rats, mice,
rabbits and
non-venomous
reptiles
A-1, A-2 Per zone 20
No small animal
pen or coop shall
be kept within 10
feet of a
residentially zoned
property line
(h) Chicken keeping in the residential zones is subject to the following:
(1) Chicken keeping is prohibited in any zone not listed in subsection 90-77(g)(11), and within any mobile home park or RV park community.
(2) Residential properties located within a specific planned area, planned unit development overlay district, or planned community development zone are subject to the development standards of the respective zone. If the development standards do not address chicken keeping, chicken keeping is prohibited unless determined otherwise by an established homeowners association or CC&Rs. If there is no homeowners association, the provisions of this section shall apply. (3) The regulations of this section do not supersede any covenants, conditions, or restrictions (CC&Rs) established by a homeowners association.

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(4) Chickens permitted to be kept per this section shall not be permitted to run at large on the lot or off the lot. Chickens shall be kept at all times within a suitable pen, coop, or enclosure with features such as an indoor or outdoor runway, a nesting box for eggs, and an area that provides protection from the weather and from predators.
(5) All pens, coops, and enclosures are subject to the size and setback requirements for accessory buildings of the zone in which the property is located. (6) All feed must be stored in a vermin proof container. (7) Eggs produced by chickens permitted pursuant to this section are for personal use only and may not be sold commercially.
(8) The premises where the chickens are kept shall be maintained in a clean and sanitary condition and free from offensive odors. Chicken excreta must be disposed of in the manner prescribed by the property's waste collection company.
(9) The chickens shall not be subject to suffering, neglect, cruelty or abuse. Clean potable water and food receptacles shall be accessible to the chickens, and shall be located so as to minimize contamination by excreta.
(10) The slaughtering of chickens is prohibited on residential properties. (11) It is the responsibility of owners to maintain their animals so that they do not disturb the neighbors.

Complaints regarding odor, cleanliness, treatment, or noise shall be investigated by city code enforcement or animal control officers and may result in citation if the provisions of this section are not being met.
(Ord. No. 1552, § 2, 1-28-97; Ord. No. 1670, § 1, 6-11-02; Ord. No. 1884, § 1(Exh. A3), 5-27-14; Ord. No. 1904 , § 1(Exh. A), 8-11-15; Ord. No. 1919 , § 1(Exh. 5), 9-27-16) Sec. 90-78. Commercial kennel requirements.
(a) Animal runs shall meet the following minimum requirements:
(1) Minimum sizes:
a. Three feet by five feet for small animals.
b. Three feet by nine feet for medium animals.
c. Nine feet by nine feet for large animals.
(2) The runs shall be constructed and/or coated with nonporous material to discourage the breeding of ticks and other similar pests.
(3) The runs and holding areas shall have concrete or other durable flooring sloped for proper drainage into a public agency approved septic or sewer system. The runs shall have floor drains sufficient to control drainage and washing of the runs.
(4) The runs shall be washed down daily to control odor, flies and the breeding of ticks, fleas, bacteria and other similar vermin.
(b) All excrement produced by kenneled animals shall be collected and dispersed on a regular basis in order to control flies and odor. The collected excrement shall be stored in an enclosed container and disposed of once per week.
(c) Animals shall be kept indoors (within a building) from 7:00 p.m. to 7:00 a.m.

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(d) Animal runs, exercise areas, or the kennel area shall not be located within the required front, street side, or rear yards of the zone in which the site is located nor shall these facilities be located within 50 feet of the boundary line or property line.
(Ord. No. 1552, § 2, 1-28-97)
Sec. 90-79. Marijuana facilities and cultivation. (Repealed) (a)Purpose. The purpose and intent of this section is to prohibit medical marijuana facilities, non-medical marijuana facilities, marijuana cultivation, and marijuana deliveries, as defined below, within the city limits. It is recognized that it is a federal violation under the Controlled Substances Act to possess or distribute marijuana even if for medical purposes. Additionally, there is evidence of an increased incidence of crime- related secondary impacts in locations associated with marijuana facilities and in connection with marijuana deliveries. Such negative impacts are contrary to and undermine policies that are intended to promote and maintain the public's health, safety, and welfare.
(b)Definitions.
(1)Commercial cannabis activity shall have the meaning set forth in Business and Professions Code section 19300.5(k).
(2)Cultivation means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.
(3)Establish or operate a medical marijuana facility or non-medical marijuana facility means and includes any of the following:
a. The opening or commencement of the operation of a medical marijuana facility or non-medical marijuana facility;
b. The conversion of an existing business, facility, use, establishment, property, or location to a medical marijuana facility or non-medical marijuana facility; c. The addition of a medical marijuana facility or non-medical marijuana facility to any other existing business, facility, use, establishment, property, or location. (4)Marijuana shall have the meaning set forth in Health and Safety Code section 11018 and Business and Professions Code section 19300.5(f) as of the effective date of this chapter and as subsequently amended.
(5)Medical marijuana is marijuana used for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of acquired immune deficiency syndrome ("AIDS"), anorexia, arthritis, cancer, chronic pain, glaucoma, migraine, spasticity, or any other serious medical condition for which marijuana is deemed to provide relief as defined in Health and Safety Code section 11362.7(h).
(6)Medical marijuana facility means any business, facility, use, establishment, property, or location, whether fixed or mobile, where medical marijuana is sold, made available, delivered, and/or distributed by or to three or more people. A "medical marijuana facility" includes any business, facility, use, establishment, property, or location, whether fixed or mobile, where a commercial cannabis activity, as defined by Business and Professions Code section 19300.5(k), takes place. A "medical marijuana facility" does not include the following uses, as long as the location of such uses are otherwise regulated by this Code or applicable law: a clinic licensed pursuant to chapter 1 of division 2 of the Health and Safety Code, a health care facility licensed pursuant to chapter 2 of division 2 of the

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Health and Safety Code, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Health and Safety Code chapter 3.01 of division 2, a residential care facility for the elderly licensed pursuant to Health and Safety Code chapter 3.2 of division 2, a residential hospice, or a home health agency licensed pursuant to Health and Safety Code chapter 8 of division 2, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code sections 11362.5, 11362.7, and following.
(7)Non-medical marijuana facility means any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or carries on, or permits another person or entity to establish, commence, engage in, conduct, or carry on, any activity that requires a state license or nonprofit license under Business and Professions Code sections 26000 and following, including but not limited to marijuana cultivation, marijuana distribution, marijuana transportation, marijuana storage, manufacturing of marijuana products, marijuana processing, the sale of any marijuana or marijuana products, and the operation of a marijuana microbusiness. (c)Prohibition. Medical marijuana facilities, non-medical marijuana facilities, marijuana cultivation, and marijuana deliveries are prohibited.
(1) Medical marijuana facilities are prohibited in all zones in the city and shall not be established or operated anywhere in the city.
(2) Non-medical marijuana facilities are prohibited in all zones in the city and shall not be established or operated anywhere in the city.
(3) No person may own, establish, open, operate, conduct, or manage a medical marijuana facility or non- medical marijuana facility in the city, or be the lessor of property where a medical marijuana facility or non-medical marijuana facility is located. No person may participate as an employee, contractor, agent, volunteer, or in any manner or capacity in any medical marijuana facility or non-medical marijuana facility in the city.
(4) No use permit, site development permit, tentative map, parcel map, variance, grading permit, building permit, building plan, zone change, business license, certificate of occupancy or other applicable approval will be accepted, approved or issued for the establishment or operation of a medical marijuana facility or non-medical marijuana facility.
(5) No person or entity may cultivate marijuana at any location in the city, except that a person may cultivate no more than six living marijuana plants inside his or her private residence, or inside an accessory structure to his or her private residence located upon the grounds of that private residence that is fully enclosed and secured against unauthorized entry, provided that the owner of the property provides written consent expressly allowing the marijuana cultivation to occur, the person conducting the marijuana cultivation complies with all applicable building code requirements set forth in chapter 14 of the Municipal Code, there is no use of gas products (CO2, butane, propane, natural gas, etc.) on the property for purposes of marijuana cultivation, and, pursuant to Health and Safety Code section 11362.2(a)(3), no more than six living plants may be planted, cultivated, harvested, dried, or processed within a single private residence, or upon the grounds of that private residence, at one time. (6) No person and/or entity may deliver or transport marijuana from any fixed or mobile location, either inside or outside the city, to any person in the city, except that a person may deliver or transport medical marijuana to a qualified patient or person with an identification card, as those terms are defined in Health and Safety Code section 11362.7, for whom he or she is the primary caregiver within the meaning of Health and Safety Code sections 11362.5 and 11362.7(d). (7) Nothing contained in this section shall be deemed to permit or authorize any use or activity which is otherwise prohibited by any state or federal law.

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(d)Enforcement. The city may enforce this section in any manner permitted by law. The violation of this section shall be and is hereby declared to be a public nuisance and contrary to the public interest and shall, at the discretion of the city, create a cause of action for injunctive relief. (Ord. No. 1834, § 1(Exh. A), 3-8-11; Ord. No. 1910 , § 1(Exh. A), 1-12-16; Ord. No. 1925 , § 1(Exh. A), 3-28-17) Editor's note(s)—Ord. No. 1951 , adopted November 6, 2018 sets out sections 1 and 2 as follows:

SECTION 1: CANNABIS BUSINESSES PROHIBITED.

The City of Hemet Ordinance No. 1925, codified in Section 90-79 of the Hemet Municipal Code, prohibiting all medical marijuana facilities, non-medical marijuana facilities, marijuana cultivation, and marijuana deliveries, shall remain in full force and effect and shall not be amended, repealed, superseded, modified or otherwise substantively changed through December 31, 2020 at 11:59 p.m. On January 1, 2021 at 12:00 a.m. the prohibition on amending, modifying, repealing, superseding or otherwise substantively changing Ordinance No. 1925 is lifted, and the City Council may thereafter take legislative action to permit cannabis businesses to operate in the City, subject to the tax contained in Section 2 of this Ordinance, and/or continue to prohibit some or all cannabis businesses from operating within the City.

SECTION 2: TAXATION.

A. Imposition of tax. Every cannabis business operating in the city shall pay a cannabis business license tax established pursuant to Government Code section 37101 solely to raise revenue for the general governmental purposes of the city, in the following amounts:

1. Fifteen cents for each one dollar of gross receipts or fractional part thereof received by a dispensary or any other type of cannabis business not specifically listed below.

2. Twenty-five cents for each one dollar of gross receipts or fractional part thereof received by a manufacturing business.

3. Thirty dollars per square foot of each cultivation business, not including square footage that is not directly used in cannabis cultivation such as offices, employee lunch/break rooms, restrooms, and storage areas for materials not used in cultivation activities. The maximum rate for this cultivation tax shall increase annually based on the Consumer Price Index for all urban consumers for the Los Angeles-Riverside-Orange County metropolitan area.

The city council may impose the tax authorized by this paragraph A at a lower rate and may establish exemptions, incentives, or other reductions, and penalties and interest charges or assessments for failure to pay the tax in a timely manner. No action by the city council to impose the tax at a lower rate shall prevent it from later increasing the tax or removing any exemption, incentive, or reduction, and restoring the maximum tax specified in this paragraph A.

C. Administration and Enforcement. The City Council may adopt an ordinance or resolution establishing implementation and enforcement procedures for the cannabis business tax established by this section 2. Any cannabis business that operates illegally within the City shall pay to the City a penalty in an amount equal to the amount of cannabis tax that the business should have paid, in addition to any other penalties authorized under the law.

D. Definitions. For purposes of this section 2 the following terms have the following definitions:

1. "Cannabis business" means any person engaged in commercial cannabis activity as defined by MAUCRSA, as it may be amended from time to time.

2. "Gross receipts" shall have the same meaning as that term is defined in Section 18-44 of the Hemet Municipal Code, as that section may be amended from time to time.

3. "Person" means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number.

E. Taxation Does Not Authorize Activity. This Ordinance does not authorize the conduct of any business or activity in the city, but provides for the taxation of such businesses or activities as they occur. Nothing in this Ordinance shall be interpreted to authorize or permit any business activity that would not otherwise be legal or permissible under laws applicable to the activity at the time the activity is undertaken. The tax established

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by this Ordinance is payable regardless of whether the business has been issued a permit to operate lawfully in the city or is operating unlawfully. The city's acceptance of a cannabis tax payment from a cannabis business operating illegally will not constitute the City's approval or consent to such illegal operations.

Sec. 90-79- Outdoor Dining Parklet Permit
(a)Intent. The intent of this article is to allow outdoor seating parklets for restaurants within existing parking lot space. This option offers support to the community’s business, and provides a creative way of activating underutilized commercial development, and greater opportunity to enjoy outdoor dining options for the community and the public. (b) Definition. The following terms shall have the following meanings for the purpose of this chapter:

Buffer means the space between the parklet area and the adjacent parking spaces or travel lanes.

Parklet means a seating platform that converts curbside parking spaces into vibrant community spaces that may provide amenities such as: seating, landscaping, bicycle parking, art, among others.

Parklet is a semi-temporary restaurant seating area constructed on a raised platform in a parking space. The parklet also includes other design features, such as protective deck railing, shade structure, outdoor seating, landscape planters, and ambient lighting. A parklet is a small public gathering space, occupying up to two parking stalls as applicable, on a public street, and within an existing commercial center, whether owned privately or publicly, that is maintained by the business owner or property owner for a temporary period of time.

Parklet base means a raised platform that provides a base for tables, chairs, umbrellas, and other elements.

Parklet screen means the vertical elements separating the parklet base from adjacent travel lanes and parking spaces that may include; landscaping, planters, railing, among other elements.

Pedestrian Pathway means a paved path or walkway owned privately, or owned by the city or other public entity that is specifically designed for pedestrian travel.

Public right-of-way means any public street, road, avenue, highway, named or unnamed alley, lane, court, place, trail, parkway, sidewalk or other public way, operated and/or controlled by the city or other public entity, or subject to an easement owned by or dedicated or granted to city.

Sidewalk means portion of a highway, other than the street or roadway, set apart by curbs, barriers, markings or other delineation specifically designed for pedestrian travel and that is owned by the city or other public entity, excluding any parkway. (c) Parklet Permit Submittal Process

1.Temporary Use Permit. It shall be unlawful for any person to operate or construct a parklet within an existing parking space or public right-of-way parking space without obtaining a Temporary Use Permit for a Parklet as required by this article. Parklets shall only be permitted as set forth in this article.

2.Conditional. A parklet permit is conditional at all times and may be suspended, revoked or cancelled by the city prior to expiration of the permit term.

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3.Permit term. The term of a permit shall not exceed one year per permit.

4.Renewal. A new permit issued without additional review or additional fees, provided there will be no changes to the permitted parklet, unless the city determines that the parklet no longer meets the requirements of this article.

5.Application. Application for a parklet permit shall be made to the Community Development Director on such application form and subject to such written procedures as the Director may establish for that purpose.

6.Plan and other materials to accompany application. The following plan and other materials shall be submitted with the application for a parklet permit. a. Written approval from all owners of properties, and tenants of commercial properties, abutting or adjacent to the proposed outdoor seating parklet.
b. A detailed plan, drawn to scale that clearly illustrates the location and design of the proposed parklet, full design details, wind load resistance calculations, emergency removal plan, installation details, insurance coverage, plus the parklet bond or deposit and all required fees.

Where applicable, the plan must show all of the following:

1. The layout and arrangement of the proposed Parklet, including full design details, wind load resistance calculations, emergency removal plan, installation details, overall dimensions and the type, design, sidewalk clearance, and placement of any barriers and furnishings such as, but not limited to, tables, chairs, umbrellas, planters, shade structures, bike racks and any other appurtenances to be located within the boundaries of the proposed Parklet.

2. Photographs or other graphic representations, together with specifications, which depict the design, materials and colors of chairs, tables, umbrellas, barriers and other appurtenances to be located within the boundaries of the proposed Parklet.

3. Photographs of the proposed site of the Parklet area, showing the relationship of the site to the adjacent sidewalk and buildings.

4. A written letter that includes detailed description of the manner of removal of the Parklet upon the expiration and non-renewal.

5. Such additional information as the Director may reasonably require as needed to determine compliance with the provisions of this division.

6. An application fee for the parklet Temporary Use Permit review shall accompany the application submittal requirements, which are filed with the community development director. The fee(s) shall cover the costs of processing the applications in accordance with a schedule adopted from time to time by city council resolution.

7. Applications which are deemed incomplete and with no activity to complete the application for a period of 12 months from the filing date are considered automatically withdrawn and may be subject to a refund in accordance with this section. Applications which have been withdrawn will require a new application and fee to be submitted in order to process the application.

8. Application fee refunds shall be authorized by the director for applications that are withdrawn upon written request and proof of payment by the applicant, in accordance with a refund schedule based upon staff time spent of the project.

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Requests for application fee refunds shall be valid for a period of up to six months from the date of withdrawal.

9. Portions of application fees paid to another jurisdiction or agency for services to be rendered in connection with the application shall not be refunded by the city.

Nothing contained in this section shall prohibit another jurisdiction or agency from refunding fees directly to the applicant. If fees have been paid out to another jurisdiction or agency, the administrative fee related to coordinating the review of applications by other jurisdictions or agencies is nonrefundable.

7.Review. Complete application supplements shall be reviewed for compliance with the standards, criteria and conditions of this article and city ordinances and must be approved by the following city departments/divisions: community development, public works, engineering, fire, building and safety, and any other city department or division deemed necessary by the Community Development Director.

8.The Development Review Committee shall review the preliminary application to evaluate considerations, such as buffers from traffic/drive aisles, decking materials, aesthetics, tables and seating arrangements, ADA accessibility, barriers and railing, seating, shade, vegetation and landscaping, amenities, bike parking, trash, lighting, emergency access, interference with utilities or other on-site improvements, and other safety elements.

9.Permit issued. Parklet permits will be issued based on application supplements that meet all requirements of this article and city code, including the posting of a parklet bond or deposit and submittal of certificates of insurance. Approval of a parklet permit is conditional at all times. In addition to the parklet permit, a building permit and/or revocable encroachment permit may be required. The applicant shall be responsible for submitting the necessary applications and fees for such permits and for obtaining all necessary permits in accordance with city code.

10.Denial. A parklet permit shall be denied when:
a. The applicant has been found to have had a violation of City Code that has been unresolved.
b. It is necessary to prevent a nuisance from developing or continuing; c. It is necessary to protect the public safety;
d. The application supplement does not comply with the requirements of this article or applicable law;
e. All necessary permits have not been obtained.
f. The applicant misrepresented or provided false information in the permit application. g. The Parklet permit has been suspended more than two times in a 12-month period on grounds of noncompliance pursuant to this section.
h. The Parklet creates a public nuisance or a hazard to the public health, safety or welfare.
i. The Community Development Director finds in writing that there is a superseding public need relative to the portion of the public right-of-way occupied by or otherwise affected by the Parklet.

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(d) Insurance, Indemnification and Bonding

1. Before a Parklet permit is issued under this article, a certificate of insurance will be required in an amount not exceeding $1,000,000.00 which names the city as a co-insured for protection against claims of third persons for personal injuries, wrongful deaths and property damage. The city officers and employees shall be named as additional insureds. The certificate shall not be subject to cancellation or modification until after 30 days' written notice to the city. A copy of the certificate will remain on file in the city clerk's office.

2. By obtaining a parklet permit, the permittee agrees that it shall indemnify and hold harmless the city and its commissioners, officers, employees and agents from all liabilities, damages, losses and costs, including but not limited to reasonable attorneys' fees, arising from applicant's installation or use of the parklet. The permittee shall pay all claims and losses and shall defend all suits, in the name of the city, its employees and officers, including but not limited to appellate proceedings, and shall pay all costs, judgments and attorneys' fees which may issue from any such proceedings. An applicant shall execute a hold harmless agreement as provided by the city prior to the issuance of a permit under this article.

3. Bond. Prior to issuance of a building permit for approved parklet, the applicant shall post a parklet bond or deposit with the Building and Safety Division, in an amount satisfactory to the city, to cover the costs associated with removal of the parklet and restoration of the right-of- way in the event the applicant fails to do so when required. Only the following types of bonds or deposits will be accepted: (i) bond issued by a surety company authorized to do business in California, (ii) deposit of a cashier check or bank draft of any national bank or state bank, (iii) deposit of a certified check drawn on a financial institution acceptable to the city, as determined by the finance department, or (iv) deposit of a U.S. postal money order.

(e) Parklet location.

Parklets shall only be permitted in those areas which meet each of the following location criteria:

1. Parklets may be located within an existing parking space within a commercial site, along the frontage in conjunction with the operation of a bonafide restaurant, coffee shop, donut, ice cream or other food eatery. Parklets in the right-of-way may utilize on-street parking space on a street with a posted speed limit of 35 mph or less and are located within a commercial setting and as described above. An outdoor dining area to be shared between establishments may vary from these requirements as approved by the Community Development Director.

2. Parklets may be located in all commercials zones and specific plan areas meeting the above criteria.

3. A revocable encroachment shall be approved prior to issuance of building permits when Parklet is located within an on-street parking space.

4. Parklets shall not be located in front of or restrict access to fire hydrants.

5. Parklets shall not be located in front of or interfere with bus stops.

6. Parklets shall not obstruct access to storm inlets, manholes or other utility access points, including above grade utility facilities.

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(f) Parklet Site Development Standards
General standards. Parklets shall conform to each of the following general standards:

1. Shall be well designed in conformance with the design standards, attractive, comfortable, and inviting, as determined by the city.

2. The parklet may be located within an existing parking space, up to a maximum of two (2) spaces.

3. The proposed temporary use shall not reduce the site’s required off-street parking by more than 20 percent.

4. Parklets shall have a minimum 3 feet clearance from adjacent parking spaces.

5. A minimum 3-foot clearance from the travel lane to provide adequate protection to occupants.

6. The proposed Parklet will not cause a safety hazard.

7. The proposed Parklet will not cause undue motor vehicle traffic congestion in the surrounding area.

8. ADA parking spaces shall not be removed, unless replaced. If re-located shall comply with Title 24 accessibility requirements.

9. Outdoor seating shall be served by an accessible path of travel.

10. An accessible path of travel shall be maintained for pedestrian and disabled access circulation to and within the customer dining area. Said path of travel shall be not less than four (4') feet in width and comply with the California Building Code.

11. Exiting shall not be impeded by outdoor seating.

12. Structures shall be permitted through the City of Hemet Building Division and all applicable permit fees shall apply.

13. Outdoor seating areas are permitted and required to be in compliance with California Fire and Building Code Chapter 10 provisions for emergency egress from any building exit through and from the proposed seating area(s).

14. Portable pre-manufactured heating units shall be used in compliance with CA Fire Code Chapter 3.

15. All electrical and plumbing must meet City requirements.

16. Drainage: Parklet design and installation shall not negatively impact existing site drainage and shall keep existing flow lines and gutters clear. Curbside drainage shall not be impeded; a drainage canal underneath the platform shall be installed when necessary.

17. Encourage usage of shared parklets among restaurants.

18. Sight lines: Sight lines at existing driveways (and intersections) shall be verified; clear zones will need to be protected.

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19. Parklets should not be allowed where a bus stop or bus pad is located. A minimum clear area of 60-feet for bus parking/stopping plus 20-feet pull in/out distance on both sides of the clear area (minimum total of 100-feet).

20. Parklets shall not impede Bicycle routes.

21. Access point(s) to parklets shall be provided via sidewalk or pedestrian pathways. No openings/access shall be allowed towards roadways and/or drive aisles.

22. If an enclosure wall or fence is provided for the outdoor dining area, it must include appropriate additional detailing and architectural enhancements as deemed sufficient by the Director and complement the design, scale, colors and materials of the adjacent building.
(g) Prohibited in Parklets.

Prohibited Uses. The following are prohibited in Parklets:

1. Advertising

2. Consumption of alcohol except in compliance with a valid ABC license.

3. Smoking

4. Gas or diesel generators

5. Electric cords that cross the public or pedestrian sidewalk

6. No advertising or business identification shall be permitted.

7. No outdoor merchandise shall be allowed in the parklet.

8. No food preparation, food or beverage storage, refrigeration apparatus, or equipment shall be allowed in the parklet.

9. No food cooking (BBQ) griddle, burners, hot plate, external flame cooking apparatus shall eb allowed in the parklet.

10. No amplified entertainment shall be allowed in the parklet, except as authorized by special events permit.

11. Flashing lights.

12. Excessive decoration

13. Decking of plywood, lattice or concrete material is prohibited, in addition to synthetic turf, carpet, or similar coverings are prohibited.

14. Plastic furniture or non-commercial grade furniture is not permitted.

15. Chain link, rope, wire/steel cable, wood lattice, industrial tarps, prefabricated plastic/vinyl fencing and concrete block are prohibited.

16. Pop-Up Tents, except as authorized under Temporary Use Permit approval.

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(h) Design Standards.

Design standards. Parklets shall conform to each of the following design standards:

1. Parklet Base:
a. All parklets shall require a platform base. The finished floor height of the platform base shall be level with the elevation of the adjacent public sidewalk, and may not have more than a one-half inch gap (vertical or horizontal) from the curb.

2. Decking Material:
a. Plastic or composite decking
b. Treated wood decking
c. Treated wood decking tiles
d. Concrete pavers on a pre-engineered pedestal system.

3. Color. Decking platform and skirting materials shall be limited to blacks, grays, browns, natural wood finishes, and similar neutral colors.

4. Stormwater Management. Platforms shall be designed as to not impede the flow of stormwater and drainage. A minimum six-inch horizontal bap below the decking surface shall be provided between the curb face and base frame along the gutter to allow rainwater to naturally flow without obstruction.

5. Railing/Barrier
a. All parklets shall provide protective safety railing or similar barrier around the parklet. b. The railing or barrier shall be a minimum of 42 inches from the finished platform deck surface and shall be a maximum of 50 inches from the asphalt surface of the parking space.

The railing barriers shall be attached to the platform base. The railings may not be attached to the roadbed or curb.

6. Safety Elements Requirements
a. a. A five-foot long wheel stop shall be installed two feet from either side of the parklet side screens, creating a buffer zone. Two-foot buffer zones may include elements that increase the visibility of the parklet.
b. b. Two white safe-hit type 2 surface mount delineators shall be installed in line with wheel stops, seven feet from the curb edge.

7. Materials
a. Parklets should be constructed of high-quality, durable, non-reflective, and aesthetically pleasing materials. Steel, finished woods, salvaged building materials, and sustainably sourced materials are recommended. All walking surfaces should be non-slip and weather resistant to ensure safety and accessibility. The parklet should also be designed for ease of disassembly and potential for recycling or reuse of materials.

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(Supp. No. 64, Update 2)

8. Landscaping
a. Landscape plantings help soften the space and can provide an aesthetically pleasant buffer along the street-facing parklet edge. Drought-tolerant landscape elements can include planter boxes, hanging planters, green walls, or ACA accessible raised beds. b. Planters may be incorporated into the design of the railing or barrier.

9. Furniture
a. Furnishing should be of quality materials and designed for outdoor use. b. Furniture may be metal, finished wood, vinyl or other consistent furniture material.

Plastic furniture or non-commercial grade furniture is not permitted.

10. Lighting/Misting Systems
a. Self-contained low-voltage lighting systems, such as solar or battery powered lights are encouraged. Flashing lights and cords are prohibited.
b. Misting systems shall be integral to the parklet structure. Water supply for misting system shall not be permitted to extend or spray into the public sidewalk or other location.

11. Parklet Fixtures
a. Shall not be placed outside or hang over the designated parklet area. b. Shall not be physically attached, chained or in any manner affixed to any structure, tree, signpost, or light pole.
c. Shall be commercial-grade furniture.
d. Shall be maintained in a clean, sanitary and safe manner. e. Shall maintain a minimum vertical clearance of seven feet.

12. Roof Materials
a. Shall not be placed outside or hang over the designated parklet area. b. The maximum height of any roof or shade structure shall not exceed 12 feet in height. (i) Maintenance Responsibility and Operations.

1. Parklets shall be maintained in a clean, sanitary and safe manner at all times; free of debris, grime, and graffiti. The restaurant operator shall maintain the outdoor dining area in a clean and safe condition at all times, and shall properly dispose of all trash generated by the operation.

2. All removable tables and chairs must be removed and stored at the close of business.

3. During non-business hours, items placed in Parklet such as materials, furniture shall either be removed from the Parklet or secured.

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4. Food trays or carts may not be stored in Parklets

5. The Parklet area shall be kept in a safe condition cat all times, and all landscaping shall be kept in good health

6. Permittees shall keep Parklets free of litter and debris and keep the portion of the Traffic Barriers within the Parklet area clean and well-maintained.

7. Permittee shall comply with all applicable California Alcoholic Beverage Control (ABC) regulations regarding alcohol use for their operations within a Parklet. Permittees are solely responsible for securing a valid ABC license to allow/extend business operations within the Parklet. A Parklet permit does not constitute approval to serve alcohol without an approved ABC license.
(j) Suspension, revocation and removal.

1. The Community Development Director shall have the authority to order the removal of any parklet, parklet base, parklet fixture, parklet screen, and other objects on public property which are used in connection with any parklet which does not have a valid parklet permit, after 48 hours' notice directing such removal. Such notice may be given by hand delivery to such person responsible for the unpermitted parklet or by posting such notice on the offending parklet or parklet fixture.

2. Any parklet permit may be revoked and any parklet may be removed, relocated or adjusted at any time, as determined to be necessary by city, in order to perform work in, on, above or under the private property or right-of-way in the area of the parklet or for any municipal purpose.

When feasible, the city will give the applicant 30 calendar days’ notice to remove the parklet at the applicant's expense.

3. A parklet permit may be revoked or suspended by a special magistrate if it is determined that:
a. Any required certificate of use or health permit has been suspended, revoked or cancelled
b. The permittee does not have the required insurance;
c. The permittee has been found in violation of the parklet standards on three separate occasions;
d. It is necessary to prevent a nuisance from developing or continuing; e. It is necessary to protect the public safety;
f. The permittee fails to comply with the insurance and bond requirements of this article; g. The permittee fails to obtain all necessary permits, including building permits or right-of- way permits
h. In order to comply with applicable law.

4. The parklet permittee shall remove the parklet, including the parklet base, parklet fixtures and parklet screen, at permittee's costs, within ten days of expiration of the parklet permit or within the time provided by notice of removal from the city. Upon complete removal of the parklet to

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the city's satisfaction, and completion of any necessary repairs to public property, the city will return the parklet bond or deposit, or issue consent to the bond cancellation.

5. In the event the parklet is not timely removed, the city may remove the parklet and parklet base, parklet fixtures and parklet screen. In the event of an emergency where notice cannot be given, the city may remove a portion or all of a parklet. In the event that the city must remove the parklet and/or parklet base or parklet fixtures, the city may use the parklet bond funds for the removal, disposal and repair of public property and the permittee shall reimburse the city for any costs of removal, disposal or repair that exceed the bond amount.

Sec. 90-80. Tobacco stores, smoking lounges and head shops. (a)Purpose. [90-81] The purpose of this section is to prohibit head shops and smoking lounges, and to regulate the location and operation of tobacco stores in the City of Hemet to maintain the city's character, the diversity and vitality of the city's commercial areas, and the quality of life of city residents. (b)Definitions. [90-82]
Drug paraphernalia shall have the meaning prescribed in Health and Safety Code § 11014.5, as such section may be amended from time to time.

Head shop means a retail outlet that receives 50 percent or more of its gross revenues from the sale of drug paraphernalia or occupies 50 percent or more of the net floor area of the store for the sale or display of synthetic cannabinoid compounds or derivatives as defined in Health and Safety Code § 11357.5, psychoactive bath salts, and/or any other similar psychoactive substances labeled as not safe for human consumption.

Hookah means a glass or metal water pipe usually decorated and shaped somewhat like a bottle or small tank, with a long, flexible cord pipe, also known as a shisha, nargile, hubble bubble, nag, and Turkish water pipe.

Hookah lounge means an area of a commercial establishment, whether enclosed, indoor or outdoor, designated specifically for the use of hookahs, but does not include the private use of hookahs in personal residences if otherwise in compliance with applicable law.

Person shall mean any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

Smoking lounge means a business establishment that is dedicated, in whole or in part, to the inhalation of tobacco products including, but not limited to, establishments known variously as cigar lounges, hookah lounges, tobacco clubs, private smoker's lounges or tobacco bars.

Tobacco paraphernalia means any device, product, equipment, or material of any kind that is intended or designed for use for smoking, inhaling, or ingesting tobacco, notwithstanding that the device, product, equipment, or material may also be used for smoking, inhaling, or ingesting any controlled substance.

Tobacco paraphernalia includes, but is not limited to, all of the following:
(1) Metal, ivory, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured bowls;
(2) Water pipes;
(3) Bongs;
(4) Chillums;

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(5) Ice pipes or chillers;
(6) Cigarette papers or wrappers;
(7) Cigarette rolling machines;
(8) Blunt wraps, as defined in Penal Code § 308;
(9) Hookahs and similar devices constructed with a receptacle or container in which water or some other liquid may be placed into which smoke passes and is cooled in the process of being inhaled or ingested.

Tobacco product means:
(1) Any substance containing tobacco leaf, including, but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco; and (2) Any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body but does not include any product specifically approved by the federal Food and Drug Administration for use in treating nicotine or tobacco product dependence.

Tobacco store means a retailer or wholesale business or any person which: (1) sells, offers for sale, or offers to exchange for any form of consideration, tobacco, tobacco products or tobacco paraphernalia; and (2) has 15 percent or more of the square feet in the establishment used for the sale or display of tobacco products or tobacco paraphernalia.
(c)Head shops and smoking lounges prohibited. [90-83] It is unlawful for any person to cause or permit the creation of, or operate, a head shop or smoking lounge. The operation of a head shop or smoking lounge shall constitute a public nuisance subject to abatement under this Code. (d)Tobacco stores—Conditional use permit required. [90-84] It shall be unlawful for any person to cause or permit the creation or substantial enlargement of a tobacco store without first obtaining and maintaining a conditional use permit. The operation of a tobacco store without a valid conditional use permit shall constitute a public nuisance subject to abatement under this Code. (e)Tobacco stores—Permit application requirements. [90-85] All conditional use permit applications for establishment of a tobacco store shall include the following information in addition to information generally required by the city:
(1) The name, address, and telephone number of each person with an ownership or managerial interest in the tobacco store.
(2) The business name, address, and telephone number of the single fixed location for which a conditional use permit is sought.
(3) Proof that the location for which a conditional use permit is sought has been issued a valid state tobacco retailer's license by the California Board of Equalization. (4) Proof that every person with an ownership or managerial interest in the proposed tobacco store has been issued a valid city tobacco retailer's license by the County of Riverside. (5) Such other information as the community development director deems necessary for the administration or enforcement of this section.
(f)Tobacco stores—Permit findings. [90-86] In addition to the findings for a conditional use permit required by section 90-42.5, no conditional use permit shall issue for a tobacco store unless all of the following findings are made by the approving authority:
(1) The tobacco store will be located in the C-2 or C-M zones.

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(2) The tobacco store will meet all of the following minimum spacing requirements. All measurements shall be taken from nearest property line to nearest property line. a. The tobacco store will be at least 1,000 feet from any other tobacco store or retail establishment that typically offers tobacco or tobacco related products. b. The tobacco store will be at least 1,000 feet from any public or private school where minors are present.
c. The tobacco store will be at least 1,000 feet from any child care center (as defined in section 90- 311), park (as defined in section 90-311), library, commercial establishment that has an on-site children's playground, or place where classes or group activities for children are held. d. The tobacco store will be at least 1,000 feet from any residentially zoned property. (3) The tobacco store is in substantial compliance with the requirements of all applicable building codes. (4) The tobacco store is in substantial compliance with the development standards for the zone in which it is to be located.
(g)Tobacco stores—Conditions of approval. [90-87] A conditional use permit granted pursuant to this section shall contain all of the following conditions of approval:
(1) The tobacco store shall not sell any tobacco products or tobacco paraphernalia to any person without first examining the purchaser's identification if the purchaser reasonably appears under the age of 27 years old, and confirming that the proposed sale is to a purchaser who is at least the minimum age in state law for being sold the tobacco product or tobacco paraphernalia. (2) The tobacco store shall not employ any person who is younger than the minimum age in state law for being sold or for possessing any tobacco product or tobacco paraphernalia. (3) No person shall display tobacco products or tobacco paraphernalia by means of a self-service display or vending machine.
(4) Fixed security bars may not be installed over windows and glass panels in doors. Security bars must be rolled back during the tobacco store's operating hours. (5) No smoking shall be permitted anywhere on the premises of the tobacco store. (6) No more than ten percent of the floor area of the tobacco store, or eight square feet of shelf space, shall be devoted to the display of tobacco paraphernalia. (7) Violation of any condition of approval shall constitute a public nuisance subject to abatement under this Code.
(8) The tobacco store shall not sell any drug paraphernalia, or synthetic cannabinoid compounds or derivatives, as defined in Health and Safety Code Section 11357.5, psychoactive bath salts, and/or any other similar psychoactive substances labeled as not safe for human consumption. (9) Tobacco products must be sold in the original packaging provided by the manufacturer. (h)Tobacco stores—Permit not transferrable. [90-88] Notwithstanding section 90-42.10, a conditional use permit for a tobacco store applies only to the location for which it is granted and only to the persons to whom it is granted. If the business is sold, the new owner(s) must apply for and obtain a new conditional use permit for that location before assuming the operation of the tobacco store. If the owner(s) of a tobacco store desire to move the location of their tobacco store, the owner(s) must apply for and obtain a new conditional use permit for that new location.
(i)Tobacco stores—Permit revocation. [90-89] A conditional use permit granted pursuant to this section may be revoked after a public hearing is held on the matter if any of the following grounds for revocation exists:

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(1) The permit was obtained by fraud.
(2) The property has ceased to be used as a tobacco store for a period of six months or more, or the ownership has changed without obtaining a new conditional use permit. (3) The city issued business license has been expired for a period of 60 days or more, whether or not the business remains in operation.
(4) The permit is being, or recently has been, exercised contrary to its terms or conditions, or in violation of any local, state or federal law.
(5) The California Board of Equalization has revoked or suspended the tobacco retailer's license for the location.
(6) One or more of the owner(s) of the tobacco store no longer have a valid tobacco retailer's license from the county.
(Ord. No. 1857, § 1(Exh. A, §§ 90-81—90-89), 9-25-12)
Editor's note(s)—Ord. No. 1857 adopted provisions numbered §§ 90-80—90-89. In order to maintain the organizational style and aid the user of this Code, said sections have been combined under one section pertaining to the same subject matter, at the discretion of the editor. Original section designations have been retained, as editorial notations in brackets, at each subsection.

Sec. 90-81. Storage facilities (personal, mini-storage).

Personal storage facilities shall be constructed in the following manner:
(1) Each facility shall be provided with a minimum stacking area (outside of the public right-of-way) of three vehicles (75 feet) at the project entry.
(2) A minimum of 25-foot landscape area shall be provided for any frontage along a street right-of-way. (3) A minimum separation of 1,000 feet shall be provided between lots on which mini-storage facilities are constructed.
(4) Visual monotony of the exterior elevations of the mini-storage facilities facing public rights-of-way shall be minimized with the use of varying building materials, change of building surface or planes, the use of pilasters or other suitable architectural features, and additional landscaping setback. a. Any perimeter wall surface shall be modified at a minimum of every 100 linear feet. b. For projects having exterior wall surfaces higher than eight feet for every 100 linear feet, an additional five feet of landscape setback shall be required for a distance of 50 feet. c. For projects having exterior perimeter walls under eight feet of height or lower, a break in wall material shall occur at a minimum of every 100 linear feet. Allowable treatment shall include change in materials, increased setback, wrought iron fences at a minimum of width of five feet. (5) The exterior building materials for mini-warehouse storage facilities shall not include precision block masonry.
(6) No mini-storage facility shall be constructed within 600 feet of Florida Avenue. (7) The architecture of the caretaker and mini-storage facilities shall be fully integrated so as to present a uniform appearance.
(8) Landscaping:

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a. Designated landscaping areas shall be covered in a combination of lawn, ground cover, shrubs, and trees.
b. In addition to the required number of street trees, one tree shall be planted for every 500 square feet of landscaping in all other areas. All trees shall be a minimum of 15 gallon size with 25 percent planted at 24-inch box size.
c. A minimum of 25 percent of all landscaping areas shall be planted in shrubs. The shrub areas shall be inter-planted with nonagressive type ground cover. Triangular spacing shall be used in row plantings of all ground cover and shrubs.
d. Landscape irrigation. Automatic irrigation shall be provided with adequate water coverage for all landscaped areas.
(Ord. No. 1875, § 1(Exh. 1C), 1-14-14)
Sec. 90-82. Metal storage containers.
(a)Purpose. The purpose of this section is to establish regulations and application procedures for the placement and use of metal storage containers in specified zones to ensure public safety and compatibility with the surrounding uses and neighborhoods. The city recognizes that certain businesses have relied on the long- term use of storage containers without any previous authority for such use in the Municipal Code. The establishment of this section seeks to bring these existing storage containers into compliance where possible, while also setting reasonable standards for the future use of storage containers by new businesses and development.
(b)Definitions.
(1)A metal storage container (MSC) is a portable shipping or cargo container made of metal that is used for the onsite storage of property, equipment, documents or goods associated with the primary business housed in an enclosed building on the property, or construction site. A metal shipping container is considered to be a maximum of eight feet wide, and extend to a maximum of 53 feet long.

For the purposes of this section, the MSC shall not be used as habitable space. (2)A portable moving container or "portable on demand" (POD) is a container that is rented by the user for a short period of time for the purpose of moving personal goods. The container shall not to exceed 8 × 8 × 16 feet in size.
(c)Exemptions. The following uses are exempt from the metal storage container permit requirements:
(1) A portable storage structure of 120 square feet or less, that is in compliance with the accessory structure provisions of the zone in which it is located. (2) A portable moving container located on the driveway of private property for moving purposes only and for duration not to exceed 14 days. The container shall not be placed in the street or extend into the sidewalk or public right-of-way, or be placed in the front or side yard areas. (3) Metal storage container(s) at a construction site with an active building permit in effect. The containers shall be removed within seven days of expiration of the building permit or prior to the issuance of a certificate of occupancy, whichever occurs first. The placement of the containers onsite shall be in compliance with the standards contained in subsection (g), unless otherwise approved by the community development director.
(4) Metal storage containers(s) at an existing and active agricultural operation in an agricultural zone, provided that the site is a minimum of five acres in area, and the storage containers are setback a minimum of 25 feet from adjacent property lines or public rights-of-way.

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(5) The placement of metal storage containers by public agencies for the storage of equipment and materials in the deployment of emergency preparedness or emergency response operations. (6) Metal storage containers placed at public or private K-12 schools and public parks on sites of five acres in area or larger for the storage of equipment and materials related to the operational use of the site, provided that the containers are setback a minimum of 25 feet from adjacent residential uses and public rights-of-way.
(d)Applicability. The placement of any metal storage container in the city will require a permit from the planning division, exempt as exempted in subsection (c) above. Permits may only be obtained for those zones which allow metal storage containers per the permitted land use matrix of the applicable zone. Metal storage containers are not permitted in specific plan (SP) and planned community development (PCD) zones unless specifically allowed per the SP or PCD document or referenced to this section. (e)Permit required—Temporary and seasonal uses. A temporary use permit (TUP) is required for any metal storage containers placed in commercial and industrial zones for the purposes of seasonal over-stocking, or other temporary placement less than 90 days, pursuant to the following conditions:
(1) A metal storage container shall not be placed on any property without the approval of a temporary use permit pursuant to section 90-73 unless otherwise specifically described in the exemption subsection (c) of this section.
(2) The time limit will be capped at a maximum of 90 calendar days in a calendar year unless extended by the community development director, based on unforeseen circumstances. Only one extension may be granted for any valid TUP.
(3) The placement of a temporary or seasonal container pursuant to this section may only be allowed in those commercial and industrial zones allowing such use in the permitted uses matrix of the applicable zone.
(4) The placement of the containers onsite shall be in compliance with the standards contained in subsection (g) of this section, unless otherwise approved by the community development director for the temporary duration.
(f)Permit required—Permanent use. A metal storage container permit (MSCP) is required to be issued by the city's planning division for any storage container remaining on a commercial or industrial property for longer than a 90-day period, and shall be subject to the following requirements:
(1) An application for a metal storage container permit shall be filed on forms prescribed by the director and subject to a fee to cover the costs of processing the application in accordance with a schedule adopted from time to time by city council resolution. A site plan showing the location of the container(s) in relation to the primary building and adjacent streets and properties, with all appropriate dimensions to scale, shall be required at the time of submittal. (2) The permanent use of the metal storage container will only be allowed in the applicable commercial and industrial zoning designations that allow containers per the permitted uses matrix of the zone, specific plan, or planned community development.
(3) A permit shall not be granted unless the placement and appearance of the metal storage container is in compliance with all of the standards contained in subsection (g) of this section. (4) Existing businesses with existing containers shall apply for the MSC permit within 180 days from the effective date of this section. For existing businesses with existing containers documented as of the effective date of this section that are not able to meet all of the standards contained in subsection (g), they may request the granting of a hardship provision by the community development director, pursuant to subsection (h) of this section.

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(g)Standards. All metal storage containers shall be subject to the following requirements, unless otherwise specifically exempted pursuant to this chapter, or a hardship determination is approved by the community development director pursuant to subsection (h):
(1) The container shall be maintained in good condition with intact structural integrity, free of obvious deterioration, rust or graffiti, with exterior surface areas painted, and in compliance with all applicable federal, state and local laws. If any graffiti is found, it shall be removed by the property owner or business within 48 hours of notice.
(2) Metal storage containers shall be concealed from view from the public right-of-way and adjacent land uses to the extent possible through placement on the site behind the primary building, or appropriate screening by walls, fences or landscaping.
(3) The color of the metal storage container shall be painted a neutral color or match or complement the main building color. The container shall blend in with the surrounding area and buildings to limit its appearance as much as possible.
(4) Metal storage containers shall not contain advertising, logos, or signage for the business, or other text that calls attention to the container.
(5) Metal storage containers shall not be placed in any required parking spaces or drive aisles, and shall maintain a clear travel area for fire department and emergency access at all times. (6) A MSC shall not be placed in any location that interferes with the on-site drainage system, circulation, safety, or the operations of the uses on the site.
(7) A MSC shall not obstruct access to any building or block the visibility triangle of any roadway or driveway approach.
(8) In no case shall the container be placed within 25 feet of the front property line or visible from the primary street frontage. Where the property line of the business abuts a residential zone, the container must be setback a minimum of ten feet at the adjoining property line and screened from view. In all other cases, the setback requirements of the underlying zone shall apply, and no container shall be placed in the required front or side yard setback, or required landscape area. (9) A site shall be limited to one metal storage container unless unique conditions are demonstrated to the satisfaction of the director at the time of permit.
(10) If hazardous materials or chemicals are proposed to be stored in the container, a separate approval is required by the fire department. A list of any hazardous materials pursuant to fire and building codes shall be posted on the container at all times.
(11) The container is prohibited from being used for any human or animal habitation. (12) Containers are allowed to have electrical connections for the purpose of providing interior lighting and/or refrigeration to the storage unit.
(13) Other conditions to mitigate potential land use impacts and public safety concerns may be required at the time of permit issuance on a case-by-case basis.
(h)Determination of hardship.
(1) Businesses that cannot meet all the established standards in subsection (g), but can meet the findings for hardship can request a "hardship determination" by the community development director as part of MSCP application review. The hardship determination is intended to assist businesses in existing buildings constructed prior to the effective date of the ordinance, and is generally not intended for new development.

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(2) To be granted a hardship determination for one or more of the standards in subsection (g), the following findings must be demonstrated by the applicant and approved by the director:
a. There are unique physical circumstances applicable to the subject land, including size, shape, topography, location or surroundings; and
b. The strict application of the provisions of this section deprives the property of the right to use the land in a manner enjoyed by other conforming property in the vicinity; and

3. The approval of a hardship determination does not constitute a grant of special privileges which other conforming properties in the vicinity do not enjoy. (i)Denial of a metal storage container permit. The director may deny issuance of a metal storage permit for one or more of the following reasons:
(1) The placement and use of the metal storage container is incompatible with or would adversely affect adjacent uses, buildings, or the natural environment.
(2) The placement and use of the metal storage container would jeopardize, endanger, or otherwise hinder the public convenience, health, safety, or general welfare. (3) The proposed site is inadequate in size or shape to accommodate the metal storage container. (4) Provisions for vehicular access and circulation, off-street parking, pedestrian safety, and/or operational considerations are inadequate to accommodate the metal storage container. (5) The proposed storage container does not meet the required standards in subsection (g) and has otherwise not been granted a hardship determination.
(j)Appeals. Any decision of the director may be appealed by an interested party to the planning commission as prescribed in section 90-43.6. of the Municipal Code.
(Ord. No. 1909 , § 1(Exh. A), 1-12-16)
Sec. 90-83. Detention facility.
(a)Definitions.

Community detention facility for unaccompanied minors. A facility operated by a private or nongovernmental person or entity to house unaccompanied, undocumented minors in the custody of the federal, state, or county government.

Private detention center. A facility operated by a private or nongovernmental person or entity where persons are incarcerated or otherwise involuntarily confined for purposes of execution of a punitive sentence imposed by a court, or detention pending a trial, hearing, or other judicial or administrative proceeding, except:
(1) A private detention center shall not include any facility described in Penal Code § 9502. (2) However, a private detention center shall include a facility described in Penal Code § 9502(d), if that facility is used to house persons in the custody of the federal, state, or county government. (b)Prohibition. Private detention centers and community detention facilities for unaccompanied minors are prohibited in all zoning districts of the city.
(Ord. No. 1969(2020-008), § 1, 5-12-20; Ord. No. 1972, § 2, 2-9-21) Secs. 90-84—90-89. Reserved.

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Sec. 90-90. Alcohol sales.
(a)Purpose. The purpose of this section is to establish standards for businesses engaged in the sale of alcoholic beverages to protect the health, safety, and general welfare of the residents of the city. This section regulates businesses engaged in the sale of alcoholic beverages to ensure compatibility of such uses with surrounding uses and properties and to avoid impacts associated with such uses. (b)Definitions.

ABC or California Department of Alcoholic Beverage Control means the department of the State of California empowered to act pursuant to article 20, section 22, of the California Constitution and authorized to administer the provisions of the Alcoholic Beverages Control Act.

Alcoholic beverage means alcohol, spirits, wine, beer, liquor, and any solid or liquid containing alcohol, spirits, wine, or beer, that contains one-half of one percent or more of alcohol by volume and that is fit for beverage purposes either alone or when diluted, mixed or combined with other substances, the sale of which requires an ABC license.

Director means the community development director.

Off-sale means the sale of alcoholic beverages for off-site consumption.

On-sale means the sale of alcoholic beverages for consumption on-site.

PCN determination means a determination made upon ABC request that the public convenience or necessity would or would not be served by the issuance of a proposed ABC license. (c)Permit required. Except as provided in subsection (e) of this section, any use that proposes to engage in the on-sale or off-sale of alcoholic beverages must first obtain a conditional use permit as provided in this section. In addition, a conditional use permit or modification to an existing conditional use permit shall be required for the following:
(1) Any change in the type of an existing ABC license (e.g., an upgrade from beer and wine to sale of spirits, etc.), including changes in hours of operation or addition of live entertainment. (2) A premises-to-premises transfer of an existing ABC license. (3) Any ABC licensed establishment that has its license revoked, suspended, or surrenders its license to ABC or discontinues use of the license for 30 days or has its conditional use permit revoked or vacates the property shall obtain a new conditional use permit before reestablishing the use. (d)Conflicting provisions. In the event that the type of permit required for a proposed use under this section differs from the type of permit required by any other provision of this chapter, the more restrictive permit requirement shall apply.
(e)Exemptions.
(1) The following uses are not subject to the permit requirement in subsection (c) of this section:
a. Restaurants that have been licensed by ABC as a bona fide eating place and are in compliance with the terms and conditions of their license.
b. Grocery stores with at least 25,000 square feet of floor area that devote less than five percent of their floor area to the off-sale of alcoholic beverages. c. Florist and gift shops that include the incidental sale of wine with gift baskets or floral arrangements.

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d. Retail or wholesale stores with at least 30,000 square feet of floor area that devote less than five percent of their floor area to the off-sale of alcoholic beverages. e. Temporary uses that have obtained a special event permit from the city pursuant to section 90-

73. (2) Nothing in this subsection (e) shall be construed as exempting any use from any other permit requirement established in any other section of this Code. (3) This section does not apply to any activity that is not required to be licensed under the California Alcoholic Beverage Control Act.
(f)Findings. In addition to the findings applicable to conditional use permits under section 90-42 et seq., the decision-making body shall make the following supplemental findings before approving a conditional use permit for a use that engages in the on-sale or off-sale of alcoholic beverages:
(1) The use complies with all of the following separation requirements. Notwithstanding the foregoing, the decision-making body may issue a conditional use permit to a use that does not comply with one or more of the following separation standards if it finds that unique circumstances exist that justify noncompliance with the separation standards:
a. The use is located at least 600 feet, as measured from property line to property line, from any existing public or private schools (K through 12), public parks, or places of worship; b. The use is located at least 100 feet, as measured from property line to property line, from existing residential uses or land that is zoned for residential uses. c. The use is located at least 1,000 feet, as measured from property line to property line, from existing parolee-probationer homes, emergency shelters, supportive housing, or transitional housing.
(2) The use is fully visible from a public street with an unobstructed view from the public street for public safety.
(3) The proposed use will not be detrimental to surrounding properties and neighborhoods, including ensuring that the use does not contribute to loitering, public drunkenness, noise, obstructing pedestrian and vehicular traffic, parking, crime, interference with pedestrian corridors used by children, defacement and damage to structures.
(4) The proposed use will not adversely impact the suitability of adjacent commercially zoned properties for commercial uses.
(g)Standards. The following standards shall apply to all uses engaging in the on-sale or off-sale of alcoholic beverages, including without limitation uses in existence prior to the effective date of the ordinance from which this section derives and uses that are listed in subsection (e)(1) as exempt from the conditional use permit requirement:
(1)Public consumption. If the use engages in the off-sale of alcohol but not the on-sale of alcohol, the owner or operator shall post a sign to indicate that it is unlawful for a person to consume alcoholic beverages in a public place or where posted.
(2)Open containers. The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around the premises. (3)Loitering. Loitering is prohibited on or around the premises of any use engaging in the dispensing or sale of alcoholic beverages, and it shall be the responsibility of the owner of any such establishment to post "No Loitering" signs and actively enforce measures that preclude loitering.