Hemet City Council
February 28, 2023

MAYOR AND CITY COUNCIL:

Joe Males
Mayor (District 4)
Malcolm Lilienthal
Mayor Pro Tem (District 3)
Karlee Meyer
Council Member (District 1)
Jaculin "Jackie" Peterson
Council Member (District 2)
Linda Krupa
Council Member (District 5)

Mark Prestwich
City Manager
Steven Graham
City Attorney
John P. Maier
City Clerk

CITY COUNCIL AGENDA

CITY OF HEMET, CALIFORNIA

Tuesday, February 28, 2023
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:
https://us02web.zoom.us/j/84660504159
Webinar ID: 846 6050 4159
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)

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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:
o Comments will be limited to 3 minutes or less.
o Comments should be directed to the Council as a whole and not directed to individual Council Members.
o Please follow the adopted rules of decorum: Resolution No. 4545.

4. DISCUSSION ITEM

4.A 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. PUBLIC HEARING
• The City Council’s Procedures for Public Hearing will be as follows:
o Staff will provide a report and clarification of items presented. o 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. o 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.). o Discussion will be brought back to the City Council for direction or action.

12.A Zoning Ordinance Amendment (ZOA) 22-001 Deemed Approved Alcohol and Tobacco Use Nuisance Regulations and Nonconformities Article II Administrative Regulations: A city -initiated proposal to amend various sections of Chapter 90 (Zoning) of the Hemet Municip al Code including Division 2 Nonconformities of Article II Administrative Regulations and Article III Special Uses and Conditions of Chapter 90 (Deemed Approved Alcohol and Tobacco Use Nuisance Regulations)
Staff Report #23-032 - 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 including Division 2 Nonconformities of Article II Administrative Regulations and Article III Special Uses and Conditions of Chapter 90 (Deemed Approved Alcohol and Tobacco Use Nuisance Regulations).
9 - 160

13. 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.

13.A Approval of the Regular City Council Meeting Minutes of February 14, 2023
Staff Report #23-058 - Pdf

Recommendation:

It is respectfully recommended that the City Council:

Approve the Regular City Council Meeting Minutes of February 14, 2023. 161 - 170

13.B An Ordinance of the City Council of the City of Hemet, California, Repealing Sections 78-188 through 78-192 of the Hemet Municipal Code Regarding Bicycle Licenses
Staff Report #23-052 - Pdf

Recommendation:

It is respectfully recommended that the City Council:

Introduce by title only, waive full reading of the ordinance, and direct the City Clerk to place the ordinance on the agenda for the next regular City Council meeting for second reading and adoption.
171 - 176

13.C A Resolution of the City Council of the City of Hemet, California, Approving an Agreement for Services with ECS Imaging, Inc. for Additional Subscription Licenses, Public Portal Upgrades, and Other Improvements to the City's Laserfiche Document Repository System for the Amount of $62,995, and Authorize the City Manager to Execute the Agreement and Purchase Orders in Support of the Agreement Staff Report #23-019 - Pdf

Recommendation:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Approving an Agreement for Services with ECS Imaging, Inc. for Additional Subscription Licenses, Public Portal Upgrades, and Other Improvements to the City's Laserfiche Document Repository S ystem in the Amount of $62,995, and Authorize the City Manager to Execute the Agreement and Purchase Orders in Support of the Agreement. 177 - 310

13.D A Resolution of the City Council of the City of Hemet, California, Awarding the Purchase of Automoti ve and Truck Tires to Parkhouse Tire, Inc., Utilizing NASPO ValuePoint Contracts #19102 and #19103 and Authorizing to Increase the Original $50,000 Parkhouse Tire Purchase Order to the amount of $85,000, and Authorizing the City Manager to Execute All Documents Related to the Purchase Order
Staff Report #23-045 - Pdf

Recommendation:
311 - 453

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Awarding the Purchase of Automotive and Truck Tires to Parkhouse Tire Inc., Utilizing NASPO ValuePoint Contrac ts #19102 and #19103 and Authorizing to Increase the Original $50,000 Parkhouse Tire Purchase Order to the amount of $85,000, and Authorizing the City Manager to Execute All Documents Related to the Purchase Order.

14. DISCUSSION - ACTION ITEMS

14.A A Resolution of the City Council of the City of Hemet, California, Awarding C.S. Legacy Construction Inc., a Construction Agreement for a Skate Park at Gibbel Park in the Amount of $2,216,687 Excluding the Additive Bid Items, and Waiving Any Minor Bid Irre gularities, and Authorizing the City Manager to Approve Additional Construction Expenditures not to Exceed 10% of the Contract Amount or $221,668 and Authorize the Finance Director to Appropriate an Additional $519,055 of Unencumbered ARPA Funds to the Project Account to Fund the Total Project Costs, and Authorize the City Clerk to Record the Notice of Completion upon Acceptance of the Work by the City Engineer, and Direct the City Engineer upon Project Completion to Bring the Final As -Builts to City Council for Acceptance
Staff Report #23-042 - Pdf

Recommendation:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Awarding C.S. Legacy Construction Inc., a Construction Agreement for Construction of a Skate Park at Gibbel Park in the Amount of $2,216,687 Excluding the Additive Bid Items, and Waiv ing Any Minor Bid Irregularities, and Authorizing the City Manager to Approve Additional Construction Expenditures not to Exceed 10% of the Contract Amount or $221,668 and Authorize the Finance Director to Appropriate an Additional $519,055 of Unencumbered ARPA Funds to the Project Account to Fund the Total Project Costs, and Authorize the City Clerk to Record the Notice of Completion upon Acceptance of the Work by the City Engineer, and Direct the City Engineer upon project completion to bring the Final As - Builts to City Council for Acceptance.
455 - 664

14.B Discussion of the Proposed Riverside University Health System - Behavioral Health Recovery Village and Reconsideration of the Letter of Support for RUHS-BH's Grant Application from the Department of Health Care Services’ Behavioral Health Continuum Infrastructure Program Staff Report #23-055 - Pdf

Recommendation:

It is respectfully recommended that the City Council:

665 - 668

Discuss the proposed Riverside University Health System -Behavioral Health Recovery Village and reconsider the Letter of Support for RUHS - BH's Grant Application from the Department of Health Care Services’ Behavioral Health Continuum Infrastructure Program.

14.C Discuss the Hemet Valley Bikeway Project (CIP 5696) and Reconsideration of Approval of the Project
Staff Report #23-054 - Pdf

Recommendation:

It is respectfully recommended that the City Council:

Review and discuss the Hemet Valley Bikeway Connect Project including reconsideration of the approval of the Project by the City Council at the February 14, 2023 meeting.
669 - 1344

14.D Consideration and proposed adoption of a Resolution Authorizing: (1) the City Manager to execute Amendment No. 2 to the Agreement for Services between the City of Hemet and Willdan Engineering in the amount of $265,357.52 for a total amount not -to-exceed $465,357.52; and (2) the Finance Director to increase the Department of Life Safety budget in the amount of $265,357.52 to Contract Inspection/Plan Check (Account no. 120-3300-2610).

Staff Report #23-047 - Pdf

Recommendation:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Approving the Second Amendment to the Agreement for Services between the City of Hemet and Willdan Engineering in the amount of $265,357.52 for a total amoun t not-to-exceed $435,357.52; and (2) the Finance Director to increase the Department of Life Safety budget in the amount of $265,357.52 to Contract Inspection/Plan Check (Account no. 120-3300-2610).
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1379

15. CITY COUNCIL AND STAFF REPORTS

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 PETERSON

1. Infrastructure Commission

2. League of California Cities

3. Riverside County Habitat Conservation Agency

4. Western San Jacinto Water Master Board *

5. Ramona Bowl Board of Directors

6. Western Riverside Council of Governments *

7. CAJPIA Board

COUNCIL MEMBER MEYER

1. Investment Oversight Committee

2. League of California Cities

3. CAJPIA Board

MAYOR PRO TEM 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 *

MAYOR MALES

1. Skate Park Committee

2. League of California Cities

3. Western Riverside Council of Governments *

4. Western Community Energy

5. Planning Commission

AD-HOC COMMITTEE REPORTS

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

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

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

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

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

6. Cal Trans Liaison Ad-Hoc Committee (Peterson/Krupa)

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

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

9. Veteran Memorial Ad-Hoc Committee (Males/Peterson)

CITY MANAGER PRESTWICH

16. 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. Traffic Study for the Intersection of Warren Road/Devonshire Avenue

5. Municipal Code 2-44 Study - Requirements of Residency

6. American Rescue Plan Act Funding Assessment for Security Services

7. Riverside University Health System Behavioral Health Recovery Village Letter of Support Reconsideration

17. 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 23, 2023 at 8:00 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 28 2023
Department: Community Development
Submitted by: Mark Prestwich, City Manager
Monique Alaniz-Flejter, Principal Planner;

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

TITLE:

Zoning Ordinance Amendment (ZOA) 22-001 Deemed Approved Alcohol and Tobacco Use Nuisance Regulations and Nonconformities Article II Administrative Regulations: A city -initiated proposal to amend various sections of Chapter 90 (Zoning) of the Hemet Municip al Code including Division 2 Nonconformities of Article II Administrative Regulations and Article III Special Uses and Conditions of Chapter 90 (Deemed Approved Alcohol and Tobacco Use Nuisance Regulations)

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 (Zoni ng) of the Hemet Municipal Code including Division 2 Nonconformities of Article II Administrative Regulations and Article III Special Uses and Conditions of Chapter 90 (Deemed Approved Alcohol and Tobacco Use Nuisance Regulations).

BACKGROUND:

Alcohol and Tobacco Sales
During the past few years, staff has seen more businesses change ownership in the alcohol and tobacco retailer industry, as well as an increased interest in new alcohol and tobacco retail establishments. The Hemet Municipal Code identifies that a Conditional Use Permit is required for any new alcohol or tobacco sales facility. However, many of these businesses have been in operation for several years if not decades. Unfortunately, many of the businesses never had the benefit of having a Conditional Use Permit (CUP) since it was not required at the time their business was established. In 2013 Ordinance No. 1858 was adopted by City Council adding new criteria to Chapter 90 of the Zoning section of the Hemet Municipal Code (HMC) resulting fro m the Hemet Restoring Our Community Strategy Program (Hemet ROCS). The purpose of the code update was to establish standards for businesses engaged in the sale of alcohol and tobacco.

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Due to the code changes in 2013, many pre -existing alcohol and tobacc o businesses were nonconforming in terms of meeting today's health and safety criteria. Staff has received several requests from the business community to provide alternative means to transfer ownership of existing alcohol and tobacco retailer licenses at the same business location without the high cost and time it takes to go through the CUP process. However, the City currently lacks a targeted administrative mechanism to address existing nuisance laws for alcohol or tobacco uses on a store -by-store basis in which the City can impose administratively.

The purpose of the zoning code amendment is to provide mechanisms to address nuisance problems often associated with the sale of alcohol or tobacco products, such as litter, graffiti, unruly behavior, and escalated noise levels. The code amendment is to pr ovide opportunities for businesses that sell alcoholic beverages or tobacco products to operate in a mutually beneficial relationship to each other and to other commercial and civic services while maintaining their approved status.

Nonconforming Lots, Land Use, Structures, and Improvements The proposed zoning code amendment also includes a rewrite of the Nonconforming provisions of the Hemet Municipal Code. The current ordinance does not provide clear guidance on how to administer the following:

• Change in Ownership, Tenancy, or Management of a Nonconforming Use • New Development on which a legal Nonconforming Use exists • Alterations and Expansion of Nonconforming Use
• Intensification of a Nonconforming Use
• Replacement of Nonconforming Use by a Nonconforming Use • When Necessary Abatement of a Nonconforming Use
• Damage or Destruction of a Legal Nonconforming Use
• Procedures for Reconstruction, Restoration, and Rebuilding of a Legal Nonconforming Structure

Furthermore, it has been found that nonconforming lots, land uses, structures and improvements within the City, including those that are legally established and those that are illegal, in many cases can be detrimental to the orderly development of the City, and the health, safety, peace, comfort, and welfare of persons and property within the City. The purpose of the zoning code amendment provides for the orderly termination, if necessary, of established nonconforming land uses, structures, and improvements to promote public health, safety, and welfare, and to over time bring nonconforming lots, land uses, and structures into conformity with current today's Development Code provisions, and the goals and policies of the General Plan.

Planning Commission Recommendation
On February 7, 2023, the Planning Commission voted unanimously 5 -0 to adopt a Resolution recommending approval of the Zoning Ordinance Amendment 22-001 to the City Council.

ANALYSIS:

The following provides an overview of the proposed amendments.

Alcohol Sales &Tobacco Retailers

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Staff has reviewed the current process of ownership transfer for both Alcohol Sales and Tobacco Sales in the City of Hemet. Any new businesses that is request ing Alcohol or Tobacco sales require a Conditional Use Permit (CUP) review and approval from the Planning Commission through a public hearing process. However, existing alcohol or tobacco businesses that do not have a CUP that request approval under a tra nsfer of ownership are required specific performance standards outlined in the zoning code.

However, the City currently lacks a targeted administrative mechanism to its existing nuisance laws based on alcohol or tobacco uses on a store-by-store basis in which the City can impose the attachment of conditions, including the imposition of administrative penalties, or the revocation of a conditional use permit or business license. The purpose of the zoning code amendment is to provide mechanisms to address nuisance problems often associated with the sale of alcohol or tobacco products, such as litter, graffiti, unruly behavior, and escalated noise levels. The code amendment is to provide opportunities for businesses that sell alcoholic beverages or tobacco pro ducts to operate in a mutually beneficial relationship with each other and to other commercial and civic services while maintaining their approved status.

Deemed Approved Alcohol & Tobacco Retailer Program
The zoning code amendment to the nonconforming s ection of the Hemet Municipal Code would allow for a "Deemed Approved" status for the existing businesses. This amendment would exempt existing alcohol and tobacco sales businesses from requiring a new conditional use permit in the following instances. However, all businesses will be subject to performance standards within six months of the enactment of this Ordinance. A program will be rolled out to inform, educate, and enforce provisions city-wide.

1. Changes in ownership or an owner -to-owner transfer of a n Alcohol Beverage Control (ABC) License.

2. Re-establishment, restoration, or repair of an existing Alcohol Use on the same lot after total or partial destruction or damage due to fire, riot, insurrection, toxic accident or act of God.

3. Temporary closure for not more than ninety (90) days for repair, renovation or remodeling, or in cases of vacation or illness.

Performance Standards Compliance
The existing businesses would have to meet the current conditions of approval for the safety and welfare of the business owner, the property owner, and patrons of the business. All deemed approved alcohol sales shall comply with Sec 90-90(g) performance standard and all deemed approved tobacco sales shall comply with Sec 90-91(f) standard.

The standards include public consumption, open container, loitering, lighting, surveillance and security, graffiti, display and signs, littering, ABC training, and any additional conditions that Planning Commission may apply. They are as follows:

Alcohol Sales Performance Criteria

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.

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4. Lighting. The use shall maintain lig hting to provide illumination for the security and safety of parking and access areas. The lighting shall be provided at a level of no less than one foot in parking lots and access areas.

5. Security/surveillance. Surveillance cameras and equi pment shall be i nstalled to record all purchases and attempted purchases of alcoholic beverages in accordance with the specifications provided by the police department. The equipment shall be able to record a minimum of 24 hours of operation. The facility operator shall maintain the recordings for the prior 60 days.

6. Graffiti. The owner or operator of the use shall remove or paint over any graffiti within 48 hours of the graffiti being painted or marked upon the premises.

7. Displays and signs. There shall be no interior displays of alcoholic beverages or signs which are clearly visible to the exterior. There shall be no exterior advertising or sign of any kind promoting or indicating the availability of alcoholic beverages. No more than 25 percent of the square footage of each window and glass paneled door shall bear advertising or signs of any sort, and all advertising and signage shall be placed in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises.

8. Litter. The owner or operator of the use shall remove litter from the premises daily, and shall keep the premises swept to prevent debris build-up. Trash bins in approved enclosures shall be provided.

9. ABC training. The owner or operator of the use shall provide ABC-approved or certified training for all employees who sell or serve alcoholic beverages within 30 days of opening for business, and all new employees thereafter shall be trained within 30 days of the date of their employment.

10. Additional conditions. In approving a conditional use permit to establish a use selling alcoholic beverages, the decision-making body may impose additional reasonable conditions on the use to ensure that it operates in a manner that provides adequate protection of the public health, safety, and general welfare.

Tobacco Sales Performance Criteria

1. Public consumption. The owner or operator shall post a sign to indicate that it is unlawful for a person to consume tobacco products on t he premises where tobacco products are sold.

2. Loitering. Loitering is prohibited on or around the premises of any use engaging in the dispensing or sale of tobacco products, 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.

3. Lighting. The use shall maintain lighting to provide illumination for the security and safety of parking and access areas. The lighting shall be provided at a level of no less than one foot candle throughout in parking lots and access areas.

4. Security/surveillance. Surveillance cameras and equipment shall be installed to record all purchases and attempted purchases of tobacco products in accordance with the specifications provided by the police department. The equipment shall be able to record a minimum of 24 hours of operation. The facility operator shall maintain the recordings for the prior 60 days.

5. Graffiti. The owner or operator of the use shall remove or paint over any graffiti within 48 hours of the graffiti being painted or marked upon the premises.

6. Displays and signs. There shall be no interior displays of tobacco products or signs which are clearly visible to the exterior. There shall be no exterior advertising or sign of any kind promoting or indicating the availability of tobacco products. No more than 25 percent of the square footage of each window and glass paneled door shall bear advertising or sign s of any sort, and all advertising and signage shall be placed in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises.

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7. Litter. The owner or operator of the use shall remove litter from the premises daily, and shall keep the premises swept to prevent debris build up. Trash bins in approved enclosures shall be provided.

8. Additional conditions. In approving a conditional use permit to establish a use selling tobacco products, the decision-making body may impose additional reasonable conditions on the use to ensure that it operates in a manner that provides adequate protection of the public health, safety, and general welfare.

Nonconforming Lots, Land Uses & Structures
Nonconforming lots, land uses, structures, and improvements within the City, including those that are legally established and those that are illegal, are detrimental to the orderly development of the City.

The zoning code amendment is intended to limit th e expansion of nonconforming lots, land uses, structures and improvements, establish the circumstances under which they may be continued, and provide for their correction, maintenance, and removal. Examples of a nonconforming condition include the following:

• A existing residential structure on an industrial or commercial zoned lot. • A structure that was built too close to the property line, but was legally permitted and established prior the establishment of zoning code regulations.
• A existing vacant lot that does not meet the minimum lot size standards for the zoning district in which it is located.
• An existing alcohol sales business, such as a liquor store that does not meet the minimum separation standards from schools, residential uses, parolee-probationer homes, or emergency shelter, but was lawfully established prior to the zoning code regulations. • An existing use on a property that is no longer a permitted use in the zoning district for which it is located.

Restoration of Damaged Legal Nonconforming Structures
The proposed zoning code amendment clarifies procedures for restoration and reconsruction of damaged or partially destroyed lawfully built structures by fire or other calamity.

• Clarifies restoration process when damage does not exceed 50 p ercent of the structure's fair market value.
• Planning Commission approval required when damage exceeds 50 percent of fair market value, subject to findings (does not include single -family home designated for single -family in the General Plan).
• Clarifies when reconstruction is not appropriate due to health and safety or zoning.

Alterations to Legal Nonconforming Structures
The proposed zoning code amendment provides criteria and limitations for alterations and expansion to legal nonconforming structures, such as the following:

• When it is appropriate or not appropriate to prolong the life of a nonconforming structure. • Maintenance and repair limitations to exterior and interior of structure. • Structural elements may be modified only if modification or repair is necessary to protect the public health and safety of occupants if legal nonconforming. Determined by Building Official. • Conditional Use Permit requirement for addition to Multi -Family structure not to exceed 25% of residential density.

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• Conditional Use Permit requirement for addition of nonresidential structure up to 25% expansion in area.
• In-kind repair and replacement of existing fencing located in the right -of-way subject to a Revocable Encroachment Agreement and Building Permit.

Discontinuance and Abandonment of Legal Nonconforming Status The proposed zoning code amendment clarifies procedures for discontinuance and abandonment and loss of legal nonconforming status as follows:

• A legal nonconforming residential or nonresidential land use shall be deemed abandoned if discontinued for a period of 180 or more consecutive days. • Following discontinuance of a nonconforming land use, the use of a property shall comply with all current requirements of the applicable zoning district. • Abatement Procedures to discontinue nonconforming use due to an operation or process that poses a threat to the public health, safety or welfare if owner fails to mitigate hazard. • Abatement of a use that causes a public or private nuisance. • Abatement of nonconforming alcohol businesses.
• Reconstruction, restoration or rebuilding of a legal nonconforming structure damaged or destroyed by fire or other catastrophic event.
• Limits on expansion of a nonconforming use or structure. • Abatement of nonconforming structures that pose a threat to safety.

Findings
Pursuant to Hemet Municipal Code Section 9041.5(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 policy:

LU-6.7 - Regulate Sensitive Land Uses. Appropriately control the location, concentration and number of community sensitive land uses such as alcohol sales, tobacco products, adult businesses, medical marijuana dispensaries, and entertainment venues, and require operational measures to prevent adverse impacts to a djoining residences, businesses, schools, parks, medical facilities, and religious facilities consistent with City, State and Federal laws.

LU-3.9 - Incompatible Uses. Prohibit uses that lead to the deterioration of the residential neighborhoods, or adversely affect its safety or residential character.

LU-15.5 - Unhealthy Development Patterns. Create, update, and enforce regulations and laws pertaining to the location, retailing, and use of unhealthy substances such as tobacco, marijuana and other drugs, and alcohol.

LU6.3 Community Growth Policy. Encourage the establishment of retail and other support and entertainment uses that provide a broader selection of high quality goods and services for residents, workers, and tourist to enjoy, and to minimize sales leakages to other communities.

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

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Finding: The City of Hemet has experienced extreme single -family residential development growth in the past 24 months. With such development, the new residents need certain services. The purpose of the zoning code amendment is to mitigate the existing established businesses to continue operation without the process of establishing a new Conditional Use Permit to continue their business during an ownership change. This Amendment allows the businesses to continue and apply the latest adopted conditions to protect the public health, safety, and welfare. Therefore, 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 hav e the potential for causing a significant effect on the environment. ZOA 22 -001 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.

Public Notice:

On February 10, 2023, the City gave public notice in the Press Enterprise prior to the holding of a public hearing before the City Council at which time the proposed zoning code amendment to the Hemet Municipal Code would be considered. As of the preparation of this staff report, no comments in favor or in opposition have been received.

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.

To ensure that Hemet is safe, clean, attractive, and comfortable for all who live, work, and visit. The proposed zoning code amendment supports the Restoring Our Community Strategy (ROCS) program.

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

Objective 2: Develop concepts and programs to enhance the quality of life services.

Objective 3: Develop programs to offer support to the community's businesses

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

Objective 2: Evaluate existing practices to ensure continuity with industry best practices.

To identify the work needed inside the City organization to effectively pro vide services to the community and ensure financial stability. The proposed action aligns with Council adopted objective:

Evaluate existing practices to ensure continuity with industry best practices by evaluating the municipal code.

FISCAL IMPACT:

There are no fiscal impacts.

12.A

ATTACHMENT(S):

Attachement 1: Ordinance (ZOA 22-001) Nonconforming & Deemed Approved Ordinance Attachment 2: Ordinance Strike-Through Version
Attachment 3: Planning Commission Resolution PC2022- (ZOA22-001) Nonconforming & Deemed Approved Ordinance 020723
Attachment 4: ZOA 22-001 Nonconforming & Deemed Approved Ordinance PowerPoint

12.A

City Council Ordinance No. 22-
Nonconforming Ordinance including Deemed Approved and
Special Uses and Conditions (ZOA 22-001)

CITY OF HEMET
Hemet, California
ORDINANCE NO. 22

AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF

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

MUNICIPAL CODE INCLUDING
DIVISION 2

NONCONFORMITIES OF

ARTICLE II ADMINISTRATIVE

REGULATIONS AND ARTICLE

III SPECIAL USES AND
CONDITIONS OF CHAPTER 90
(ZONING) OF THE HEMET
MUNICIPAL CODE (ZOA 22-
001).

WHEREAS, it is incumbent upon the City to maintain
an accurate and orderly zoning ordinance; and
WHEREAS, the proposed ordinance amends and
includes Non-Conforming Section in the zoning ordinance (Chapter 90 of the Hemet Municipal Code): and
WHEREAS, the proposed text revisions of Zoning
Ordinance Amendment No. 22-001 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 November 15, 2022, the Planning
Commission was presented with a draft of this Ordinance

12.A

City Council Ordinance No. 22-
Nonconforming Ordinance including Deemed Approved and
Special Uses and Conditions (ZOA 22-001)

and, after conducting a duly noticed public hearing, voted to continue to January 17, 2023 to allow staff to provide a side- by-side comparison of the proposed changes; and
WHEREAS, on January 17, 2023, the Planning
Commission was presented with a draft of this Ordinance and, after conducting a duly noticed public hearing, voted to continue the item to the February 7, 2023 meeting to allow staff to prepare additional criteria for repair or replacement of nonconforming fencing or wall located in the right-of-way; and
WHEREAS, on February 7, 2023, 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 February 28, 2023, the City Council
considered the Ordinance, the Planning Commission’s
findings, and the record of information regarding Zoning Ordinance Amendment No. 22-001 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 DIVISION 2

NONCONFORMITIES OF ARTICLE II ADMINISTRATIVE
REGULATIONS OF CHAPTER 90 (ZONING) OF THE
HEMET MUNICIPAL CODE AS FOLLOWS:

Repeal of Sections 90-55 Purpose and intent
Repeal of Section 90-56 Nonconforming lots
Repeal of Section 90-57 Nonconforming use or structure
defined
Repeal of Section 90-58 Deficiency in off-street parking Repeal of Section 90-59- Beginning of nonconformity
Repeal of Section 90-60 Alterations to nonconforming uses Repeal of Section 90-61 Restoration of damaged structure Repeal of Section 90-62 Notice of nonconformity
Repeal of Section 90-63 Notice of abandonment
Repeal of Section 90-64 Notice of elimination date

12.A

City Council Ordinance No. 22-
Nonconforming Ordinance including Deemed Approved and
Special Uses and Conditions (ZOA 22-001)

Repeal of Section 90-65 Right to appeal
Repeal of Section 90-66 Exceptions to provisions
Sections 90-62-90-70 Reserved
SECTION 2: AMENDMENT OF DIVISION 2

NONCONFORMITIES OF ARTICLE II ADMINISTRATIVE
REGULATIONS OF CHAPTER 90 (ZONING) OF THE
HEMET MUNICIPAL CODE AS FOLLOWS:

Nonconforming Lots, Land Uses, and Structures
Addition of the follow Sections:
90-55: Purpose
90-56: Applicability
90-57: Nonconforming Lots
90-58: Nonconforming Land Uses
90-59: Nonconforming Structures and Improvements
90-60: Deemed Approved Alcohol Use Nuisance Regulations 90-61: Deemed Approved Tobacco Use Nuisance
Regulations
90-55 Purpose
A. The City Council finds that nonconforming lots, land uses, structures, and improvements within the City,
including those that are legally established and those
that are illegal, are detrimental to the orderly
development of the City, and the health, safety,
peace, comfort and welfare of persons and property
within the City.

B. The purpose of this Division is to provide for the
orderly termination of nonconforming rights for lots,
land uses, structures, and improvements that were
previously legally established; however, due to
revisions to the Development Code, the previously
legally established provisions no longer comply with
the Development Code. The orderly termination of
legally established nonconforming lots, land uses,
structures, and improvements is necessary to
promote the public health, safety and welfare, and to

12.A

City Council Ordinance No. 22-
Nonconforming Ordinance including Deemed Approved and
Special Uses and Conditions (ZOA 22-001)

bring nonconforming lots, land uses, and structures
into conformity with current Development Code
provisions, and the goals and policies of the General
Plan.

C. This Division in intended to limit the expansion of
nonconforming lots, land uses, structures and
improvements, establish the circumstances under
which they may be continued, and provide for their
correction, maintenance, and removal.

D. This Division is intended to provide for the elimination of nonconforming lots, land uses, structures, and
improvements as rapidly as possible, without
infringing upon the constitutional rights of their
owners.
90-56 Applicability
A. Nonconforming lots, land uses, structures, and
improvements may be maintained, expanded, altered,
and/or abated only in accordance with the provisions
of this Division. It shall be the property owner’s
responsibility to provide evidence or information to
justify the establishment of the nonconforming rights
provided under this Division.

B. A lot, land use, structure, or improvement that
becomes nonconforming due to a change in zoning
district boundary or Development Code Amendment,
the period prescribed for abatement of the use or
improvement of the lot or structure shall begin on the
effective date of the change in zoning district
boundary or Development Code Amendment.
90-57 Nonconforming Lots
A. A lot that is not in compliance with the development standards prescribed by this Development Code, as
they pertain to minimum area, dimension, or
configuration, shall be deemed a "legal
nonconforming lot," provided the lot was lawfully
created and existing at the time the ordinance codified

12.A

City Council Ordinance No. 22-
Nonconforming Ordinance including Deemed Approved and
Special Uses and Conditions (ZOA 22-001)

in this Development Code that created the
nonconformity became effective.

B. A legal nonconforming lot shall be granted all
development rights and land uses of the zoning
district in which it is located.
90-58 Nonconforming Land Uses
A use that lawfully occupied a building or land at the time an ordinance codified in this Development Code became
effective and does not conform to the use regulations of the zoning district in which it is located, shall be deemed a “legal nonconforming use.” A legal nonconforming use may
continue, subject to the following:

A. Discontinuance and Abandonment of Use, and Loss
of Legal Nonconforming Status.

1. Without further action by the City, a legal
nonconforming use shall lose its legal
nonconforming status and shall not be
reestablished if the legal nonconforming use is
abandoned for any reason.
a. Residential Land Uses. A legal
nonconforming residential land use shall
be deemed abandoned if the use is
discontinued for a period of 180 or more
consecutive days.
b. Nonresidential Land Uses. A legal
nonconforming nonresidential land use
shall be deemed abandoned if the use is
discontinued for a single period of 180
or more consecutive days.

2. Wherein the determination of abandonment of
a land use is in question, the determination of
abandonment shall be made by the Community
Development Director, or their designee, based
upon satisfactory evidence. If there are no
business receipts, records, or necessary

12.A

City Council Ordinance No. 22-
Nonconforming Ordinance including Deemed Approved and
Special Uses and Conditions (ZOA 22-001)

licenses available to provide evidence that the
land use in question has been in continual
operation, the Community Development
Director, or their designee, may make a
determination of “abandonment of use” based
upon consideration of [i] the removal, without
replacement, of equipment, furniture,
machinery, fixtures, structures, or other
components necessary to business operation,
and/or [ii] the shut-off or disconnect of utilities
(water, electricity, and/or natural gas).

3. Following the discontinuance of a
nonconforming land use, the use of a property
shall comply with all current requirements of
this Development Code and the applicable
zoning district.

B.Change in Ownership, Tenancy or Management. A
change in ownership, tenancy or management of a
nonconforming use shall not affect its legal
nonconforming status, provided the use is not
discontinued pursuant to Subsection A
(Discontinuation of Use and Loss of Legal
Nonconforming Status), above, or the type of use
and/or intensity of use does not change.

C.New Development. New development on any lot
upon which a legal nonconforming use exists shall
require that all uses on the property conform to the
provisions of this Development Code.

D.Alterations and Expansion of Use. A
nonconforming use shall not be enlarged or extended
in such a way as to occupy any part of any structure
or property that the use did not occupy prior to the
creation of the nonconformity.

E.Intensification of Use. A nonconforming use shall
not be intensified in such a way as to increase the
discrepancy between existing conditions and the
standards set forth in this Development Code.

12.A

City Council Ordinance No. 22-
Nonconforming Ordinance including Deemed Approved and
Special Uses and Conditions (ZOA 22-001)

F.Replacement of a Nonconforming Use by Another
Nonconforming Use. A legal nonconforming use
may be replaced by another nonconforming use if the
Community Development Director, or their designee,
can clearly establish the following:

1. The nonconforming use is similar to the use(s)
originally permitted in the structure/on the site;

2. The nonconforming use will not adversely
affect, or be materially detrimental to, adjoining
properties; and

3. The previous nonconforming use has not
ceased for a period of 90 or more consecutive
days.

G.Abatement of Nonconforming Uses.

Nonconforming uses shall be abated as follows:

1. A use shall be discontinued upon the issuance
of a cease and desist order by the City if [i] the
use is nonconforming due to an operation or
process that poses a threat to the public
health, safety or welfare, as determined by the
Police Chief, Fire Chief, Community
Development Director, Code Enforcement
Supervisor, Building Official, Public Works
Director, or any of their designees; and [ii] the
owner fails to discontinue the operation or
process, or to fully mitigate the hazard(s)
involved.

2. A use that does not occupy a structure, or that
occupies a structure having an assessed
valuation of less than $2,500 and causes a
public or private nuisance, shall be
discontinued within 5 years following the
effective date of the ordinance codified in this
Development Code.

3. The abatement of nonconforming alcohol
businesses shall be governed by Section 90-60

12.A

City Council Ordinance No. 22-
Nonconforming Ordinance including Deemed Approved and
Special Uses and Conditions (ZOA 22-001)

(Deemed Approved Alcohol Use Nuisance
Regulations of this Division).

4. The abatement of nonconforming tobacco
businesses shall be governed by Section 90-61
(Deemed Approved Tobacco Use Nuisance
Regulations of this Division).

5. A nonconforming use that has been
discontinued or abandoned shall comply with
Subsection A (Discontinuance and
Abandonment of Use, and Loss of Legal
Nonconforming Status) of this Section.

90-59 Nonconforming Structures and
Improvements
A structure or improvement that was lawfully constructed or installed at a time an ordinance codified in this Development Code became effective, and does not conform to the
development standards of the zoning district in which it is located, shall be deemed a “legal nonconforming structure” or “legal nonconforming improvement,” as applicable. A legal nonconforming structure or improvement may continue,
subject to the following:

A. Damage or Destruction of a Legal Nonconforming
Structure.

1. A legal nonconforming structure that is
damaged or partially destroyed by fire or other
calamity, or the public enemy, or other cause
which is beyond the control of the property
owner, and which could not otherwise have
been prevented by reasonable care and
maintenance of the structure, may be
reconstructed, restored, or rebuilt up to the
original size, placement and density, provided
that total cost of the reconstruction, restoration,
or rebuilding does not exceed more than 50
percent of the structure’s fair market value prior
to said damage or destruction. Structure
reconstruction, restoration, or rebuilding shall
commence within 180 days following the

12.A

City Council Ordinance No. 22-
Nonconforming Ordinance including Deemed Approved and
Special Uses and Conditions (ZOA 22-001)

occurrence of damage, and shall be diligently
pursued to completion.

2. In the event that the cost of reconstructing,
restoring, or rebuilding a structure exceeds 50
percent of the fair market value of the structure
prior to such damage occurring, the structure
may be reconstructed, restored, or rebuilt up to
its original size, placement, and density prior to
such damage occurring, and the use of the
structure resumed, subject to the following:
a. The Planning Commission, at a duly
noticed public hearing, shall first find
that the reconstruction, restoration, or
rebuilding of the nonconforming
structure: [i] will not be detrimental or
injurious to the health, safety or general
welfare of persons residing or working in
the neighborhood, [ii] will not be
detrimental or injurious to property and
improvements in the neighborhood, and
[iii] continuation of the nonconforming
structure will not result in an annoyance
to and/or reduction of any surrounding
property.
b. The public hearing and findings
prescribed in Subparagraph A.2.a,
above, shall not be required for the
reconstruction, restoration, or rebuilding
of a legal nonconforming single-family
dwelling located on a lot that is
designated for single-family dwellings in
the General Plan.
c. The reconstruction, restoration, or
rebuilding shall be commenced within
180 days following the date that the
damage or destruction occurred and
diligently pursued to completion.

12.A

City Council Ordinance No. 22-
Nonconforming Ordinance including Deemed Approved and
Special Uses and Conditions (ZOA 22-001)

d. Nothing in this section shall be
construed to permit the continuation of
conditions that will endanger the health,
safety, or welfare of building occupants,
the residents of the area, or which
constitute a public or private nuisance.

B. Reconstruction, Restoration or Rebuilding of Legal
Nonconforming Multiple-Family Housing.

1. Pursuant to GC Section 65852.25, legal
nonconforming multiple-family housing that has
been involuntarily damaged or destroyed by
fire or other catastrophic event, or the public
enemy, and such involuntarily damage or
destruction could not otherwise have been
prevented by reasonable care and
maintenance of the structure, may be
reconstructed up to the original size, placement
and density, excepting multiple-family housing
that conforms with one or more of the
following:
a. The reconstruction, restoration, or
rebuilding will be detrimental or injurious
to the health, safety or general welfare
of persons residing or working in the
neighborhood, or will be detrimental or
injurious to property and improvements
in the neighborhood;
b. The existing nonconforming use of the
building or structure would be more
appropriately moved to a zone in which
the use is permitted, or that there no
longer exists a zone in which the
existing nonconforming use is permitted;
or
c. The existing nonconforming use of the
building or structure has ceased for a
period of 180 or more consecutive days.

12.A

City Council Ordinance No. 22-
Nonconforming Ordinance including Deemed Approved and
Special Uses and Conditions (ZOA 22-001)

2. The reconstruction, restoration, or rebuilding of
any legal nonconforming multiple- family
housing pursuant shall conform to all of the
following:
a. The California Building Standards Code,
as that code was in effect at the time of
reconstruction, restoration, or rebuilding;
b. Any more restrictive local building
standards authorized pursuant to HSC
Sections 13869.7, 17958.7, and
18941.5, as those standards were in
effect at the time of reconstruction,
restoration, or rebuilding;
c. The provisions of this Development
Code, so long as the predamage size
and number of dwelling units are
maintained;
d. Architectural regulations and standards,
so long as the predamage size and
number of dwelling units are maintained;
and
e. A building permit shall be obtained
within 2 years following the date that the
damage or destruction occurred, and
diligently pursued to completion.

3. The reconstruction, restoration, or rebuilding of
multiple-family housing that is involuntarily
damaged or destroyed by fire or other
catastrophic event, or by the public enemy,
shall be prohibited within any industrial zoning
district.

C. Alterations and Expansions to Legal Nonconforming
Structures.

A nonconforming structure shall not be moved, altered or enlarged so as to increase the discrepancy between existing conditions and the most current standard as prescribed by

12.A

City Council Ordinance No. 22-
Nonconforming Ordinance including Deemed Approved and
Special Uses and Conditions (ZOA 22-001)

the zoning district in which the structure is located.

Furthermore, reasonable repairs and alterations may be
made to legal nonconforming nonresidential structures,
provided that no structural alterations shall be made that would prolong the life of supporting members, such as
bearing walls, columns, beams, or girders, of a structure.

Structural elements may be modified only if the modification or repair is immediately necessary to protect the public health and safety, occupants of the legal nonconforming structure, or adjacent property, as determined by the
Building Official, excepting alteration and/or enlargement of the following:

1. A nonconforming structure shall not be moved,
altered or enlarged so as to increase the
discrepancy between existing conditions and
the most current standard as prescribed by the
zoning district in which the structure is located,
excepting alteration and/or enlargement of:
a. A single-family dwelling
conducted pursuant to
Subsection H (Nonconforming Single-
Family Residential Structures) of this
Section.
b. A multiple-family development
conducted pursuant to Subsection I
(Nonconforming Multiple-Family
Residential Development) of this
Section.
c. A nonresidential lot and/or structure
conducted pursuant to Subsection J
(Alteration and/or Expansion of a
Nonconforming Nonresidential
Structure) of this Section.

2. Within nonresidential zoning and land use
districts, reasonable repairs and alterations
may be made to legal nonconforming
nonresidential structures, provided that no
structural alterations shall be made that would
prolong the life of supporting members, such

12.A

City Council Ordinance No. 22-
Nonconforming Ordinance including Deemed Approved and
Special Uses and Conditions (ZOA 22-001)

as bearing walls, columns, beams, or girders,
of a structure. Structural elements may be
modified only if the modification or repair is
immediately necessary to protect the public
health and safety of occupants of the legal
nonconforming structure or adjacent property,
as determined by the Building Official, except
as otherwise allowed by Subsection J
(Alteration and/or Expansion of a
Nonconforming Nonresidential Structure) of
this Section. The total cost of the repairs or
alterations may not exceed 50 percent of the
replacement cost of the nonconforming
structure; however, improvements required to
reinforce an unreinforced masonry structure
shall be permitted without replacement cost
limitations, provided the retrofitting is strictly
limited to compliance with current earthquake
safety standards.

D.Interior Modifications to Legal Nonconforming
Structures. Changes to interior partitions or other
nonstructural improvements and repairs may be made
to legal nonconforming structures provided that, over
any consecutive 5-year period, the total cost of the
desired improvements or repairs does not exceed 50
percent of the replacement cost of the structure. For
the purpose of this provision, the replacement cost
shall be determined by the Community Development
Director.

E.New Structures. Any new structure constructed on a
lot with an existing legal nonconforming structure shall be constructed in conformance with all applicable
provisions of this Development Code; however, in no
case may a new nonresidential structure be
constructed on the same lot as an existing legal
nonconforming residential structure.

F.Abatement of Nonconforming Structures Posing a
Threat to the Public Health, Safety and General
Welfare. A structure that is nonconforming because
of a violation or deficiency that poses a threat to the public health, safety, or general welfare, as

12.A

City Council Ordinance No. 22-
Nonconforming Ordinance including Deemed Approved and
Special Uses and Conditions (ZOA 22-001)

determined by the Building Official, and that fails to
provide necessary improvements to resolve the
nonconformity or to fully mitigate the hazard involved, shall be abated, condemned or demolished upon the
issuance of a nuisance abatement, condemnation, or
demolition order by the City.

G.Conversion of Nonconforming Residential
Structures Located Within Industrial Zoning
Districts. A nonconforming residential structure
located within an industrial zoning district shall not be converted to accommodate a commercial or industrial
land use.

H.Alteration and/or Expansion of a Nonconforming
Single-Family Residential Structures. In addition to
the requirements of Subsections A through G of this
Section, a nonconforming single- family residential lot and/or structure that was lawfully established and
maintained prior to the adoption of the ordinance
codified in this Development Code, but which under
the provisions of this Development Code does not
conform with the regulations of the zoning district in
which it is located with respect to use, design, and/or development standards, and which is continuously
used and maintained for single-family residential
purposes, shall be subject to the following:

1. Alterations and Expansions to Single-Family
Structures in Nonresidential Zones.
a. Necessary repairs and desirable
alterations, as deemed appropriate by
the Community Development Director,
may be made to a legal nonconforming
single-family residential structure that is
nonconforming as to use.
b. A single-family dwelling that is
nonconforming as to use may be
enlarged by an additional 25 percent of
the original enclosed floor area,
provided the addition meets all other
provisions of this Development Code.

12.A

City Council Ordinance No. 22-
Nonconforming Ordinance including Deemed Approved and
Special Uses and Conditions (ZOA 22-001)

c. A single-family dwelling that is
nonconforming as to its location within a
zoning district that does not permit
single-family dwellings, and in which the
residential use was lawfully established
and continuously maintained, shall be
subject to the development regulations
of the R-1-10 zoning district.
d. The addition or enlargement of a garage
for the purpose of providing off- street
parking facilities shall be permitted and
shall not be counted toward the
additional floor area permitted by
Subparagraph H.1.b, above.

2.Continuation of a Nonconforming Setback.

A single-family dwelling having a
nonconforming side yard setback, which is
added to, extended or enlarged, may continue
the nonconforming setback, provided the
addition, extension or enlargement maintains a
side yard setback equal to or greater than the
existing side yard setback, and is no greater
than 14 feet in height.

3.On-site Parking. A single-family residential
dwelling that is nonconforming as to site
development or design, which is expanded or
enlarged to include more than 3 bedrooms, or
wherein a second unit or guesthouse is
constructed, unless otherwise exempted by
state law, off-street parking shall be provided,
unless physical constraints exist that would
make it impractical to provide the required
parking facility(ies), as determined by the
Community Development Director, given the
existing site design and configuration. For the
purpose of this provision, a bedroom shall be
considered any room within the structure that is
not a clearly established garage, kitchen,
bathroom, hallway or open living area (e.g.,
dining, family, and living rooms).

12.A

City Council Ordinance No. 22-
Nonconforming Ordinance including Deemed Approved and
Special Uses and Conditions (ZOA 22-001)

4.Fences and Walls. A street side yard fence or
wall that is nonconforming as to setback and
was lawfully constructed prior to 1998, may be
replaced with a block wall or other fence,
keeping within the existing setback, provided
visual evidence (such as a photograph) of the
nonconforming setback is provide to the
Community Development Department prior to
building permit issuance for the new fence or
wall. If a fence or wall nonconforming as to
setback is demolished or removed prior to
obtaining a building permit for a new fence or
wall, the new fence or wall must meet the
setback requirements in effect at the time of
building permit issuance.

5. Revocable Encroachment Agreement. A
front yard fence or wall that is located in the
right-of-way shall be demolished prior to the
issuance of any new construction permits on
the property. An existing nonconforming fence
or wall located in the right-of-way may be
repaired or replaced in-kind only when visual
evidence has been provided (such as a
photograph) demonstrating a consistent and
clear historical pattern of development within
the neighborhood is provided to the
Community Development Department, subject
to the following criteria.
a. The existing fencing or wall should not be
located in a manner that is hazardous for
traveling public, including motorists,
bicyclists and pedestrians.
b. The fencing or wall shall not impede
existing travel lanes.
c. The fencing or wall shall not conflict with
existing public utility structures, such as
hydrants, vault and service meters,
overhead power lines, pipelines, conduits
or substructures of any public utility.
d. Prior to building permit issuance, the
property owner shall enter into a revocable

12.A

City Council Ordinance No. 22-
Nonconforming Ordinance including Deemed Approved and
Special Uses and Conditions (ZOA 22-001)

encroachment agreement with the City.

The revocable encroachment agreement
shall be terminated when roadway
expansion or other improvements are
necessary as required by the City.
e. In no case, shall existing chain link fences
be replaced.
f. The Community Development Department
shall report all revocable encroachment
agreements to the City Engineer.

I.Alteration and/or Expansion of a Nonconforming
Multiple-Family Residential Development. In
addition to the applicable requirements of
Subsections A through G of this Section, a
nonconforming multiple-family residential structure
that was lawfully established and maintained prior to
the adoption of the ordinance codified in this
Development Code, but which under the provisions of
this Development Code does not conform with the
regulations of the zoning district in which it is located with respect to use, design, and/or development
standards, and which is continuously used and
maintained for multiple-family residential purposes,
shall be subject to the following:

1. An existing multiple-family residential
development that is nonconforming as to base
residential density, may be granted a one-time
increase in residential density, not to exceed
25 percent of the residential density before the
increase, subject to the granting of a
Conditional Use Permit.

2. The increase in residential density shall be
acted on based upon the information provided
in the submitted application, evidence
presented in the Planning Department’s written
report, and any comments and/or testimony
provided by the public, only after considering
and clearly establishing all of the below-listed
findings, which shall be in addition to the
findings for Conditional Use Permit approval,
and giving reasons in support of each finding.

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The application shall be denied if one or more
of the below-listed findings cannot be clearly
established.
a. The density increase will protect a
valuable property investment;
b. The density increase will not adversely
affect or be materially detrimental to
surrounding properties;
c. The expansion is architecturally
compatible with the existing building;
d. The density increase and building
expansion is compatible with the
character of the surrounding area; and
e. The density increase will provide
adequate parking.

3. Notwithstanding the density increase described
in Paragraph 1, above, the City shall not
preclude an existing multiple-family residential
development that is nonconforming as to base
residential, the addition of at least one dwelling
unit.

J.Alteration and/or Expansion of a Nonconforming
Nonresidential Structure. In addition to the
requirements of Subsections A through G of this
Section, a nonconforming nonresidential lot and/or
structure that was lawfully established and maintained
prior to the adoption of the ordinance codified in this Development Code, but which under the provisions of
this Development Code does not conform with the
regulations of the zoning district in which it is located with respect to use, design, and/or development
standards, and which is continuously used and
maintained for nonresidential purposes (excepting
Nonconforming Alcohol Businesses, which shall
comply with Section 90-60 (Abatement of
Nonconforming Alcohol Businesses) of this Division),
shall be subject to the following:

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1. A nonconforming nonresidential land use or
structure may be granted a one-time, 25
percent expansion in area, subject to the
granting of a Conditional Use Permit.

2. The alteration and/or expansion of a
nonconforming nonresidential lot and/or
structure shall be acted on based upon the
information provided in the submitted
application, evidence presented in the Planning
Department’s written report, and any
comments and/or testimony provided by the
public, only after considering and clearly
establishing all of the below- listed findings,
which shall be in addition to the general
findings for Conditional Use Permits under this
Code, and giving reasons in support of each
finding. The application shall be denied if one
or more of the below- listed findings cannot be
clearly established.
a. The alteration/expansion will protect a
valuable property investment;
b. The alteration/expansion and the
proposed use will not adversely affect or
be materially detrimental to surrounding
properties;
c. The alteration/expansion will allow for
modernization in order to properly
operate the use and protect valuable
property rights;
d. The alteration/expansion is
architecturally compatible with the
existing building;
e. The alteration/expansion is compatible
with the character of the surrounding
area; and

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f. The alteration/expansion will provide
adequate parking and will not displace
existing parking facilities.

K.Nonconforming Improvements. Nonconforming
improvements such as landscaping, screen walls,
security fences, and enclosures for trash receptacles,
shall be altered to comply with the district regulations covering the following standards as a condition of any
discretionary land use or development entitlement
approval required by this Development Code:

1. The landscaping of setback areas, insofar as a
setback exists;

2. The landscaping of parking areas, provided
fulfilling the requirement does not reduce off-
street parking or loading spaces to fewer than
prescribed by Division 6.03 (Off-Street Parking
and Loading) of this Development Code;

3. The screening of outdoor storage and loading
areas;

4. The design, height, and placement of security
fences; and

5. The enclosure of trash receptacles.
90-60 Deemed Approved Alcohol Use Nuisance
Regulations
A. Findings. The City Council hereby finds and declares that:

1. Nuisance and criminal activities such as drug
dealing, public drunkenness, loitering, and
other behaviors that negatively impact
neighborhoods occur with disproportionate
frequency at and around the premises of on
and off-sale alcohol uses; and,

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2. Neighborhood character can change over time
and the careful regulation of nuisance activity
by alcohol uses will help to ensure that such
uses do not contribute to the deterioration of
neighborhoods; and,

3. Poorly regulated off-sale alcohol uses increase
the availability of alcohol in the communities in
which they are located, and studies have
demonstrated a link between the availability of
alcohol and numerous negative consequences,
including violence, fatal traffic crashes, and
nuisance law violations; and,

4. The City currently lacks a targeted
administrative mechanism to its existing
nuisance laws based on the alcohol uses on a
store-by-store basis through the attachment of
conditions, the imposition of administrative
penalties, or the revocation of use permits;
and,

5. Alcohol uses operating outside of the law
negatively impact those uses operating within
the law and as good neighbors; and

6. The City recognizes its responsibility to enforce
the law and the need for a partnership with
alcohol uses and the City, including the Police
Department and the City Attorney, to address
illegal activities in proximity to an alcohol use.

The City also recognizes that there are
occasions when owners and employees of
alcohol uses would fear for their personal
safety in requesting that persons engaging in
illegal activities cease those activities; and

7. Good faith efforts on the part of the owners and
employees of alcohol uses to address illegal
activities in proximity to their stores, including
meeting the performance standards Section

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90-90(g) can reduce the nuisance impacts of
such alcohol uses; and
B. Title; Reference
The provisions of this Section 90-60 shall be known as the “Deemed Approved Alcohol Use Nuisance Regulations.” The purpose of these regulations is to promote the public health, safety and general welfare by requiring that businesses that sell alcoholic beverages and that were permitted,
conditionally permitted, or nonconforming uses before the adoption of these regulations, or that are permitted or conditionally permitted by the City after the adoption of these regulations, comply with the Performance Standards as
specified in Section 90-90(g) in order to achieve the
following objectives:

1. To protect adjacent neighborhoods from the
harmful effects of nuisance activities often
attendant to the sale of alcoholic beverages.

2. To provide opportunities for businesses that
sell alcoholic beverages to operate in a
mutually beneficial relationship to each other
and to other commercial and civic services.

3. To provide mechanisms to address nuisance
problems often associated with the sale of
alcoholic beverages, such as litter, graffiti,
unruly behavior, and escalated noise levels.

4. To ensure that businesses that sell alcoholic
beverages are not the source of undue public
nuisances in the community.

5. To ensure that sites where alcoholic beverages
are sold are properly maintained so that
negative impacts generated by these activities
are not harmful to the surrounding
environment.

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6. To monitor alcohol uses to ensure that they do
not substantially change their mode or
character of operation.

C. Automatic Deemed Approved Status
All businesses or entities engaged in the sale of alcoholic beverages that are operating as permitted, conditionally permitted, or nonconforming uses prior to the effective date of this ordinance are now automatically Deemed Approved Alcohol Uses. Each such Deemed Approved Alcohol Use
shall retain this status as long as it continues to comply with the Performance Standards as specified in Section 90-90(g).

D. Status of New Alcohol Uses
After the effective date of this ordinance all new permitted alcohol uses shall also be subject to the Performance
Standards as specified in Section 90-90(g) and shall receive the same notices and be subject to the same administrative procedures, penalties and fees as those Deemed Approved Alcohol Uses that were operating as permitted, conditionally permitted, or nonconforming uses prior to the effective date of this ordinance.

E. Previously Non-Conforming Alcohol Uses
Any Deemed Approved Alcohol Use that was previously
considered to be a non-conforming use shall continue to be subject to those provisions of this Code that govern non- conforming uses to the extent those provisions do not
conflict with the provisions of this Section.

F. Abandonment.

Whenever a Deemed Approved Alcohol Use ceases to be
operated continuously, or undergoes a substantial change in mode or character of operation, such Deemed Approved

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Alcohol Use shall not be resumed. A substantial change in the mode of character of operation shall not include:

1. Changes in ownership or an owner-to-owner
transfer of an Alcohol Beverage Control
License.

2. Re-establishment, restoration, or repair of an
existing Alcohol Use on the same lot after total
or partial destruction or damage due to fire,
riot, insurrection, toxic accident or act of God.

3. Temporary closure for not more than ninety
(90) days for repair, renovation or remodeling,
or in cases of vacation or illness.

G. Notification to Owners of Deemed Approved
Alcohol Uses.

Within six months of the enactment of this Ordinance, and every year thereafter, the Community Development
Department, in coordination with the Police Department, shall notify the owner of each Deemed Approved Alcohol
Use of the use's Deemed Approved status. Such notice shall be sent via U.S. mail and shall include a copy of the
performance standards as specified in Section 90-90(g), notification that the Deemed Approved Alcohol Use is
required to comply with the Performance Standards, and
notification that the Deemed Approved Alcohol Use is
required to comply with all other provisions of the Deemed Approved Alcohol Use Regulations. As long as service is made following these procedures failure of any person to receive notice given pursuant to this Section shall not affect the Deemed Approved status of the use.

The Community Development Department shall refer to the California Alcoholic Beverage Control Department's
database of all active licenses in the City of Hemet to determine the names and addresses of the operators of
Deemed Approved Alcohol Uses.

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H. Education and Outreach to Deemed Approved
Alcohol Uses.

1. Within six months of the enactment of this
legislation, the Community Development
Director, or his or her designee, in cooperation
with the Chief of the Police Department or his
or her designee, shall develop and implement
an education and outreach program to educate
Deemed Approved Alcohol Uses about the
steps each use may take to operate as a good
neighbor in their communities, to avoid
nuisance behaviors, and to abide by
requirements of this Code. This education and
outreach program shall be aimed towards the
prevention of alcohol-related nuisances. The
education and outreach program shall be
directed to all Deemed Approved Alcohol Uses.

2. The education and outreach program shall
include
a. The development and distribution of
informational packets on the requirements
and benefits of this Code and of other
educational materials, including, but not
limited to, culturally and linguistically
appropriate informational posters,
brochures, and other materials for display
at Deemed Approved Alcohol Uses.
b. Commencing within six months of the
enactment of this Ordinance, biennially the
Community Development Department shall
provide educational sessions for operators
of Deemed Approved Alcohol Uses.

Operators of Deemed Approved Alcohol
Uses who do not attend the educational
session every two years shall receive an
educational site visit from the Community

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Development Department. This visit should
be coordinated with and, when possible,
conducted with Police Department
personnel.

I. Violations of Performance Standards
If the City Attorney receives from any City official authorized to enforce the provisions of this Code, including but not limited to the Community Development Director, the Chief of Police, or the designee of any of these officials, a request to consider bringing an administrative hearing or prosecuting a Deemed Approved Alcohol Use for violations of City, State and/or Federal laws for violations of the Performance
Standards, or for violations of any condition that has been placed on a Deemed Approved Alcohol Use, the City
Attorney may determine that it is appropriate to file a civil action against the Deemed Approved Alcohol Use and/or
may determine that it is appropriate to bring the Deemed Approved Alcohol Use to an administrative hearing. At the administrative hearing, the City Attorney may request that a decision be issued ordering that the violations of the
Performance Standards be corrected, that a decision be
issued imposing administrative penalties against the
Deemed Approved Alcohol Use, and/or that a decision be
issued imposing conditions on the continued operation of the Deemed Approved Alcohol Use.

In the event that the Deemed Approved Alcohol Use has,
within the past three years, been the subject of an
administrative hearing at which a finding of violation of the Performance Standards was made, at which conditions were imposed on the Deemed Approved Alcohol Uses' continued
operations, and/or at which administrative penalties were imposed on the Deemed Approved Alcohol Use for violation of the Performance Standards, the City Attorney may
request that an administrative hearing be held to consider the revocation of the Deemed Approved Alcohol Use's
Deemed Approved status and/or request additional penalties or conditions.

J. Conditional Use Permits

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In the event that the City Attorney receives a request to consider bringing an administrative hearing pursuant to this Section, and determines that the alleged violations are violations of conditions imposed by the Planning
Commission or City Council through the conditional use
permitting process, the City Attorney shall refer its findings to the Planning Department for actions consistent with Section 90-42.11. Notwithstanding the foregoing, any alleged
violations that are not violations of conditions imposed by the Planning Commission or City Council through the conditional use permitting process shall be subject to the administrative hearing process in this Section.

K. Administrative Hearings.

1. Hearings under this Section shall be conducted in
conformity with Division 12 of Article II of Chapter
1 of this Code.

2. Notice. The notice to the owner of the Deemed
Approved Alcohol Use of the administrative
hearing shall be substantially in the following form,
but may include additional information:
“You are hereby notified that an administrative
hearing will be held before the City of Hemet
Hearing Officer at the date and time contained
within this Notice to determine whether, due to
violations of the Performance Standards found at
Hemet Municipal Code Section 90-90(g),
conditions should be imposed on the Deemed
Approved Alcohol Use status of the business
operated at pursuant to the Deemed Approved
Alcohol Use Regulations contained in the Hemet
Municipal Code, whether administrative penalties
should be imposed, and/or whether the Deemed
Approved Status of the Alcohol Use should be
revoked. You may be present and give testimony
at the hearing. You may be, but need not be,
represented by counsel. In the event that you or
the City Attorney requests to submit briefing prior
to the administrative hearing, all parties will be

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notified of the briefing schedule set by, the
Hearing Officer appointed in this matter.”
A brief statement of the reason(s) for the hearing
shall also be included with the notice, including a
list of which Performance Standards the Deemed
Approved Alcohol Use is considered to be
violating.

3. Purpose of the Hearing. The purpose of the
administrative hearing is to receive information as
to whether the Deemed Approved Alcohol Use is
in compliance with the Performance Standards
found at Section 90-90(g). The Hearing Officer
shall determine whether the Deemed Approved
Alcohol Use is in compliance with the Performance
Standards. Based on this determination, the
Hearing Officer may continue the Deemed
Approved status for the use in question, may
impose administrative penalties for violations of
the Performance Standards, may impose such
reasonable conditions as are in the judgment of
the Hearing Officer necessary to ensure
compliance with the Performance Standards, and
may revoke the Deemed Approved Alcohol Use's
Deemed Approved Status. If the Hearing Officer
determines instead to impose further, new
conditions on the Deemed Approved Alcohol Use,
such conditions shall be based upon the
information then before the Hearing Officer.

4. In reaching a determination as to whether a use
has violated the Performance Standards, or as to
the appropriateness of imposing conditions on a
use, revoking a use, assessing administrative
penalties, or the amount of administrative
penalties to assess, the Hearing Officer may
consider:
a. The length of time the Deemed Approved
Alcohol Use has been out of compliance
with the Performance Standard(s); and

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b. The impact of the violation of the
Performance Standard(s) on the
community; and
c. Any information regarding the owner of the
Deemed Approved Alcohol Use's efforts to
remedy the violation of the Performance
Standard.
d. "Efforts to Remedy" shall include, but are
not limited to:
i. Timely calls to the Police
Department that are placed by the
owner of the Deemed Approved
Alcohol Use, his employees, or
agents.
ii. Requesting that those persons
engaging in activities causing
violations of the Performance
Standards cease those activities,
unless the owner of the Deemed
Approved Alcohol Use, or his
employees or agents feels that their
personal safety would be threatened
in making that request.
iii. Making improvements to the use's
property or operations, including but
not limited to the installation of
lighting sufficient to illuminate the
area within the use's property line,
the installation of security cameras,
clear unobstructed windows, clean
sidewalks, and graffiti abated within
a reasonable time.

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5. The decision of the Hearing Officer shall be based
upon all information received at the administrative
hearing, including, but not limited to, information
compiled by City staff, testimony from the owner of
the Deemed Approved Alcohol Use, and the
testimony of all other interested persons. Any
conditions imposed by the Hearing Officer shall be
a condition of the Deemed Approved Alcohol
Use's continued operation. Any condition imposed
by the Hearing Officer shall not be considered a
suspension, revocation, or withdrawal of a
Deemed Approved Alcohol Use's use permit.

6. All determinations, decisions, and conditions made
or imposed under this Section regarding the use of
a Deemed Approved Alcohol Use shall run with
the land.

L. Illegal Use.

A Deemed Approved Alcohol Use, that has been finally
revoked shall lose its Deemed Approved Alcohol Use Status and shall no longer be considered a legal use of the building, structure, site, or portion thereof, and shall cease operation immediately.
90-61 Deemed Approved Tobacco Use Nuisance
Regulations
A. Findings. The City Council hereby finds and declares that:

8. Nuisance and criminal activities such as drug
dealing, loitering, and other behaviors that
negatively impact neighborhoods occur with
disproportionate frequency at and around the
premises engaged in the sale of tobacco
products; and,

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9. Neighborhood character can change over time
and the careful regulation of nuisance activity
by tobacco uses will help to ensure that such
uses do not contribute to the deterioration of
neighborhoods; and,

10. Poorly regulated tobacco uses increase the
availability of tobacco in the communities in
which they are located, and studies have
demonstrated a link between the availability of
tobacco and numerous negative
consequences; and,

11. The City currently lacks a targeted
administrative mechanism to its existing
nuisance laws based on the tobacco uses on a
store-by-store basis through the attachment of
conditions, the imposition of administrative
penalties, or the revocation of use permits;
and,

12. Tobacco uses operating outside of the law
negatively impact those uses operating within
the law and as good neighbors; and

13. The City recognizes its responsibility to enforce
the law and the need for a partnership with
tobacco uses and the City, including the Police
Department and the City Attorney, to address
illegal activities in proximity to an tobacco use.

The City also recognizes that there are
occasions when owners and employees of
tobacco uses would fear for their personal
safety in requesting that persons engaging in
illegal activities cease those activities; and

14. Good faith efforts on the part of the owners and
employees of tobacco uses to address illegal
activities in proximity to their stores, including
meeting the performance standards Section

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90-91(F) can reduce the nuisance impacts of
such tobacco uses; and
B. Title; Reference
The provisions of this Section 90-61 shall be known as the “Deemed Approved Tobacco Use Nuisance Regulations.”
The purpose of these regulations is to promote the public health, safety and general welfare by requiring that
businesses that sell tobacco products and that were
permitted, conditionally permitted, or nonconforming uses before the adoption of these regulations, or that are
permitted or conditionally permitted by the City after the adoption of these regulations, comply with the Performance Standards as specified in Section 90-91(F) in order to
achieve the following objectives:

7. To protect adjacent neighborhoods from the
harmful effects of nuisance activities often
attendant to the sale of tobacco products.

8. To provide opportunities for businesses that
sell tobacco products to operate in a mutually
beneficial relationship to each other and to
other commercial and civic services.

9. To provide mechanisms to address nuisance
problems often associated with the sale of
tobacco products, such as litter, graffiti, unruly
behavior, and escalated noise levels.

10. To ensure that businesses that sell tobacco
products are not the source of undue public
nuisances in the community.

11. To ensure that sites where tobacco products
are sold are properly maintained so that
negative impacts generated by these activities
are not harmful to the surrounding
environment.

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12. To monitor Tobacco uses to ensure that they
do not substantially change their mode or
character of operation.

C. Automatic Deemed Approved Status
All businesses or entities engaged in the sale of tobacco products that are operating as permitted, conditionally permitted, or nonconforming uses prior to the effective date of this ordinance are now automatically Deemed Approved Tobacco Uses. Each such Deemed Approved Tobacco Use
shall retain this status as long as it continues to comply with the Performance Standards as specified in Section 90-91(F).

D. Status of New Tobacco Uses
After the effective date of this ordinance all new permitted tobacco uses shall also be subject to the Performance
Standards as specified in Section 90-91(F) and shall receive the same notices and be subject to the same administrative procedures, penalties and fees as those Deemed Approved Tobacco Uses that were operating as permitted,
conditionally permitted, or nonconforming uses prior to the effective date of this ordinance.

E. Previously Non-Conforming Tobacco Uses
Any Deemed Approved Tobacco Use that was previously
considered to be a non-conforming use shall continue to be subject to those provisions of this Code that govern non- conforming uses to the extent those provisions do not
conflict with the provisions of this Section.

F. Abandonment.

Whenever a Deemed Approved Tobacco Use ceases to be
operated continuously, or undergoes a substantial change in mode or character of operation, such Deemed Approved
Tobacco Use shall not be resumed. A substantial change in the mode of character of operation shall not include:

4. Changes in ownership.

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5. Re-establishment, restoration, or repair of an
existing Deemed Approved Tobacco Use on
the same lot after total or partial destruction or
damage due to fire, riot, insurrection, toxic
accident or act of God.

6. Temporary closure for not more than ninety
(90) days for repair, renovation or remodeling,
or in cases of vacation or illness.

G. Notification to Owners of Deemed Approved
Tobacco Uses.

Within six months of the enactment of this Ordinance, and every year thereafter, the Community Development
Department, in coordination with the Police Department, shall notify the owner of each Deemed Approved Tobacco
Use of the use's Deemed Approved status. Such notice shall be sent via U.S. mail and shall include a copy of the
performance standards as specified in Section 90-91(F), notification that the Deemed Approved Tobacco Use is
required to comply with the Performance Standards, and
notification that the Deemed Approved Tobacco Use is
required to comply with all other provisions of the Deemed Approved Tobacco Use Regulations. As long as service is made following these procedures failure of any person to receive notice given pursuant to this Section shall not affect the Deemed Approved status of the use.

H. Education and Outreach to Deemed Approved
Tobacco Uses.

3. Within six months of the enactment of this
legislation, the Community Development
Director, or his or her designee, in cooperation
with the Chief of the Police Department or his
or her designee, shall develop and implement
an education and outreach program to educate
Deemed Approved Tobacco Uses about the
steps each use may take to operate as a good
neighbor in their communities, to avoid

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Special Uses and Conditions (ZOA 22-001)

nuisance behaviors, and to abide by
requirements of this Code. This education and
outreach program shall be aimed towards the
prevention of tobacco-related nuisances. The
education and outreach program shall be
directed to all Deemed Approved Tobacco
Uses.

4. The education and outreach program shall
include
a. The development and distribution of
informational packets on the requirements
and benefits of this Code and of other
educational materials, including, but not
limited to, culturally and linguistically
appropriate informational posters,
brochures, and other materials for display
at Deemed Approved Tobacco Uses.
b. Commencing within six months of the
enactment of this Ordinance, biennially the
Community Development Department shall
provide educational sessions for operators
of Deemed Approved Tobacco Uses.

Operators of Deemed Approved Tobacco
Uses who do not attend the educational
session every two years shall receive an
educational site visit from the Community
Development Department. This visit should
be coordinated with and, when possible,
conducted with Police Department
personnel.

I. Violations of Performance Standards
If the City Attorney receives from any City official authorized to enforce the provisions of this Code, including but not limited to the Community Development Director, the Chief of Police, or the designee of any of these officials, a request to consider bringing an administrative hearing or prosecuting a

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Deemed Approved Tobacco Use for violations of City, State and/or Federal laws for violations of the Performance
Standards, or for violations of any condition that has been placed on a Deemed Approved Tobacco Use, the City
Attorney may determine that it is appropriate to file a civil action against the Deemed Approved Tobacco Use and/or
may determine that it is appropriate to bring the Deemed Approved Tobacco Use to an administrative hearing. At the administrative hearing, the City Attorney may request that a decision be issued ordering that the violations of the
Performance Standards be corrected, that a decision be
issued imposing administrative penalties against the
Deemed Approved Tobacco Use, and/or that a decision be
issued imposing conditions on the continued operation of the Deemed Approved Tobacco Use.

In the event that the Deemed Approved Tobacco Use has,
within the past three years, been the subject of an
administrative hearing at which a finding of violation of the Performance Standards was made, at which conditions were imposed on the Deemed Approved Tobacco Uses' continued
operations, and/or at which administrative penalties were imposed on the Deemed Approved Tobacco Use for
violation of the Performance Standards, the City Attorney may request that an administrative hearing be held to
consider the revocation of the Deemed Approved Tobacco
Use's Deemed Approved status and/or request additional
penalties or conditions.

J. Conditional Use Permits
In the event that the City Attorney receives a request to consider bringing an administrative hearing pursuant to this Section, and determines that the alleged violations are violations of conditions imposed by the Planning
Commission or City Council through the conditional use
permitting process, the City Attorney shall refer its findings to the Planning Department for actions consistent with Section 90-42.11. Notwithstanding the foregoing, any alleged
violations that are not violations of conditions imposed by the Planning Commission or City Council through the conditional use permitting process shall be subject to the administrative hearing process in this Section.

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K. Administrative Hearings.

7. Hearings under this Section shall be conducted in
conformity with Division 12 of Article II of Chapter
1 of this Code.

8. Notice. The notice to the owner of the Deemed
Approved Tobacco Use of the administrative
hearing shall be substantially in the following form,
but may include additional information:
“You are hereby notified that an administrative
hearing will be held before the City of Hemet
Hearing Officer at the date and time contained
within this Notice to determine whether, due to
violations of the Performance Standards found at
Hemet Municipal Code Section 90-91(F),
conditions should be imposed on the Deemed
Approved Tobacco Use status of the business
operated at pursuant to the Deemed Approved
Tobacco Use Regulations contained in the Hemet
Municipal Code, whether administrative penalties
should be imposed, and/or whether the Deemed
Approved Status of the Tobacco Use should be
revoked. You may be present and give testimony
at the hearing. You may be, but need not be,
represented by counsel. In the event that you or
the City Attorney requests to submit briefing prior
to the administrative hearing, all parties will be
notified of the briefing schedule set by, the
Hearing Officer appointed in this matter.”
A brief statement of the reason(s) for the hearing
shall also be included with the notice, including a
list of which Performance Standards the Deemed
Approved Tobacco Use is considered to be
violating.

9. Purpose of the Hearing. The purpose of the
administrative hearing is to receive information as
to whether the Deemed Approved Tobacco Use is
in compliance with the Performance Standards
found at Section 90-91(F). The Hearing Officer

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shall determine whether the Deemed Approved
Tobacco Use is in compliance with the
Performance Standards. Based on this
determination, the Hearing Officer may continue
the Deemed Approved status for the use in
question, may impose administrative penalties for
violations of the Performance Standards, may
impose such reasonable conditions as are in the
judgment of the Hearing Officer necessary to
ensure compliance with the Performance
Standards, and may revoke the Deemed
Approved Tobacco Use's Deemed Approved
Status. If the Hearing Officer determines instead to
impose further, new conditions on the Deemed
Approved Tobacco Use, such conditions shall be
based upon the information then before the
Hearing Officer.

10. In reaching a determination as to whether a
use has violated the Performance Standards,
or as to the appropriateness of imposing
conditions on a use, revoking a use, assessing
administrative penalties, or the amount of
administrative penalties to assess, the Hearing
Officer may consider:
a. The length of time the Deemed Approved
Tobacco Use has been out of compliance
with the Performance Standard(s); and
b. The impact of the violation of the
Performance Standard(s) on the
community; and
c. Any information regarding the owner of the
Deemed Approved Tobacco Use's efforts to
remedy the violation of the Performance
Standard.
d. "Efforts to Remedy" shall include, but are
not limited to:

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i. Timely calls to the Police
Department that are placed by the
owner of the Deemed Approved
Tobacco Use, his employees, or
agents.
ii. Requesting that those persons
engaging in activities causing
violations of the Performance
Standards cease those activities,
unless the owner of the Deemed
Approved Tobacco Use, or his
employees or agents feels that their
personal safety would be threatened
in making that request.
iii. Making improvements to the use's
property or operations, including but
not limited to the installation of
lighting sufficient to illuminate the
area within the use's property line,
the installation of security cameras,
clear unobstructed windows, clean
sidewalks, and graffiti abated within
a reasonable time.

11. The decision of the Hearing Officer shall be
based upon all information received at the
administrative hearing, including, but not
limited to, information compiled by City staff,
testimony from the owner of the Deemed
Approved Tobacco Use, and the testimony of
all other interested persons. Any conditions
imposed by the Hearing Officer shall be a
condition of the Deemed Approved Tobacco
Use's continued operation. Any condition
imposed by the Hearing Officer shall not be
considered a suspension, revocation, or
withdrawal of a Deemed Approved Tobacco
Use's use permit.

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12. All determinations, decisions, and conditions
made or imposed under this Section regarding
the use of a Deemed Approved Tobacco Use
shall run with the land.

L. Illegal Use.

A Deemed Approved Tobacco Use, that has been finally
revoked shall lose its Deemed Approved Tobacco Use
Status and shall no longer be considered a legal use of the building, structure, site, or portion thereof, and shall cease operation immediately.

SECTION 3: AMENDMENT OF ARTICLE III SPECIAL
USES AND CONDITIONS OF CHAPTER 90 (ZONING) OF
THE HEMET MUNICIPAL CODE AS FOLLOWS:

Repeal of Section 90-80.-Tobacco stores, smoking lounges and headshops
SECTION 4: AMENDMENT OF ARTICLE III SPECIAL
USES AND CONDITIONS OF CHAPTER 90 (ZONING) OF
THE HEMET MUNICIPAL CODE AS FOLLOWS:

Addition of Section 90-91 of Article III of the Hemet Municipal Code is hereby amended as follows.

Section 90-91. Tobacco sales
A.Purpose. The purpose of this section is to establish
standards for businesses engaged in the sale of
tobacco products to protect the health, safety, and
general welfare of the residents of the city. This
section regulates businesses engaged in the sale of
tobacco products to ensure compatibility of such uses

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with surrounding uses and properties and to avoid
impacts associated with such uses.

B.Definitions. For purposes of this chapter, the following words, terms and phrases shall have the meanings
given below:

1. "Arm’s length transaction" means a sale in
good faith and for valuable consideration that
reflects the fair market value in the open
market between two informed and willing
parties, neither of which is under any
compulsion to participate in the transaction. A
sale between relatives, related companies or
partners, or a sale for which a significant
purpose is avoiding the effect of the violation of
this chapter is not an arm’s length transaction.

2. "Consumer" means any person who purchases
a tobacco product for consumption and not for
sale to another.

3. "Drug paraphernalia" shall have the definition
set forth in California Health and Safety Code
Section 11014.5, as that section may be
amended from time to time.

4. “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.

5. "Person" means any natural person,
partnership, cooperative association,
corporation, personal representative, receiver,
trustee, assignee, or any other legal entity.

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6. "Proprietor" as used in this chapter shall mean
a person with an ownership or managerial
interest in a business. An ownership interest
shall be deemed to exist when a person has a
ten percent (10%) or greater interest in the
stock, assets, or income of a business other
than the sole interest of security for debt. A
managerial interest shall be deemed to exist
when a person can or does have or share
ultimate control over the day-to-day operations
of a business.

7. "Sale" or "sell" means any transfer, exchange,
barter, gift, offer for sale, or distribution for
commercial purpose, in any manner or by any
means whatsoever.

8. "Self-service display" means the open display
or storage of tobacco products or tobacco
paraphernalia in a manner that is physically
accessible in any way to the general public
without the assistance of the retailer or
employee of the retailer and a direct person-to-
person transfer between the purchaser and the
retailer or employee of the retailer. Vending
machines, racks, counter-tops or shelves are
forms of a self-service display.

9. “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.

10. "Tobacco paraphernalia" means any item
designed or marketed for the consumption,
use or preparation of tobacco products.

11. "Tobacco product" means:
a. Any product containing, made, or
derived from tobacco or nicotine that is

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intended for human consumption,
whether smoked, heated, chewed,
absorbed, dissolved, inhaled, snorted,
sniffed, or ingested by any other
means, including, but not limited to,
cigarettes, cigars, little cigars, chewing
tobacco, pipe tobacco, snuff;
b. Any electronic device that delivers
nicotine or other substances to the
person inhaling from the device,
including, but not limited to, an
electronic cigarette, electronic cigar,
electronic pipe, or electronic hookah.
c. Notwithstanding any provision of
subsections, a) and b) of this definition
to the contrary, "tobacco product"
includes any component, part, or
accessory intended or reasonably
expected to be used with a tobacco
product, whether or not sold
separately. "Tobacco product" does
not include drugs, devices, or
combination products authorized for
sale by the United States Food and
Drug Administration, as those terms
are defined in the Federal Food, Drug
and Cosmetic Act.

12. "Tobacco retailer" means any person who
sells, offers for sale, or does or offers to
exchange for any form of consideration,
tobacco, tobacco products, or tobacco
paraphernalia.

13. "Tobacco retailing" shall mean selling, offering
for sale, offering to exchange or
exchanging for any form of consideration
tobacco, tobacco products, or tobacco
paraphernalia. This definition is without

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regard to the quantity of tobacco, tobacco
products, or tobacco paraphernalia sold,
offered for sale, exchanged, or offered for
exchange.

C. Requirements and Prohibitions.

1. Head shops and smoking lounges prohibited. 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.

2. Permit Required. It shall be unlawful for any
person to act as a tobacco retailer in the City
without first obtaining and maintaining a
conditional use permit for each location at
which that activity is to occur. Tobacco retailing
without a valid conditional use permit is a
nuisance as a matter of law.

3. Lawful Business Operation. In the course of
tobacco retailing or in the operation of the
business or maintenance of the location for
which a conditional use permit is issued, it shall
be a violation of this section for a permitee, or
any of the permitee’s agents or employees, to
violate any local, State or Federal law
applicable to tobacco products, tobacco
paraphernalia, or tobacco retailing.

4. Display of Permit. Each conditional use permit
for a tobacco retailer shall be prominently
displayed in a publicly visible location at the
conditional use permitted location.

5. Positive Identification Required. No person
engaged in tobacco retailing shall sell or
transfer a tobacco product or tobacco

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paraphernalia to another person who appears
to be under the age of twenty-seven (27) years
without first examining the identification of the
recipient to confirm that the recipient is at least
the minimum age for sale of tobacco products
as established by State law.

6. Minimum Age for Persons Selling Tobacco. No
person who is younger than eighteen (18)
years of age shall engage in tobacco retailing.

7. False and Misleading Advertising Prohibited. A
tobacco retailer without a valid conditional use
permit, or a proprietor without a valid
conditional use permit including, for example, a
person whose permit has been revoked:
a. Shall keep all tobacco products and
tobacco paraphernalia out of public
view. The public display of tobacco
products or tobacco paraphernalia in
violation of this provision shall
constitute tobacco retailing without a
permit under this section.
b. Shall not display any advertisement
relating to tobacco products or tobacco
paraphernalia that promotes the sale
or distribution of such products from
the tobacco retailer’s location or that
could lead a reasonable consumer to
believe that such products can be
obtained at that location.

8. Drug Paraphernalia. It shall be a violation of
this chapter for any permitee or any of the
permitee’s agents or employees to violate any
local, State or Federal law regulating controlled
substances or drug paraphernalia, such as
California Health and Safety Code Section
11364.7.

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9. Sale of Tobacco Products by Self-Service
Display Prohibited. It is unlawful for any person
to display tobacco products or tobacco
paraphernalia by means of a self-service
display or to engage in tobacco retailing by
means of a self-service display.

D. Exemptions. The following uses are not subject to the permit requirement of this section:

1. Grocery stores with at least 25,000 square feet
of floor area that devote less than one percent
of their floor area to the sale of tobacco
products.

2. Retail or wholesale stores with at least 30,000
square feet of floor area that devote less than
one percent of their floor area to the sale of
tobacco products.

3. Nothing in this subsection shall be construed
as exempting any use from any other permit
requirement established in any other section of
this Code.

E. 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 sale of
tobacco products:

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:

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a. The use is located at least 1,000 feet
from any existing public or private
schools (K through 12), public parks,
or places of worship;
b. The use is located at least 1,000 feet
from existing residential uses or land
that is zoned for residential uses.
c. The use is located at least 1,000 feet
from existing parolee-probationer
homes, emergency shelters,
supportive housing, or transitional
housing.
d.The use is located at least 1,000 feet
from any other tobacco store or retail
establishment that typically offers
tobacco or tobacco related products.
e.The use is located at least 1,000 feet
from any public or private school
where minors are present.
f. The use is located 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.
g. The use is fully visible from a public
street with an unobstructed view from
the public street for public safety.
h. The proposed use will not be
detrimental to surrounding properties
and neighborhoods, including ensuring
that the use does not contribute to
loitering, noise, obstructing pedestrian
and vehicular traffic, parking, crime,

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interference with pedestrian corridors
used by children, defacement and
damage to structures.
i. The proposed use will not adversely
impact the suitability of adjacent
commercially zoned properties for
commercial uses.

F. Standards. The following standards shall apply to all uses engaging in the sale of tobacco products,
including without limitation uses in existence prior to the effective date of the ordinance from which this
section derives and uses that are listed as exempt
from the conditional use permit requirement:

1. Public consumption. The owner or operator
shall post a sign to indicate that it is unlawful
for a person to consume tobacco products on
the premises where tobacco products are sold.

2. Loitering. Loitering is prohibited on or around
the premises of any use engaging in the
dispensing or sale of tobacco products, 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.

3. Lighting. The use shall maintain lighting to
provide illumination for the security and safety
of parking and access areas. The lighting shall
be provided at a level of no less than one foot-
candle throughout in parking lots and access
areas.

4. Security/surveillance. Surveillance cameras
and equipment shall be installed to record all
purchases and attempted purchases of
tobacco products in accordance with the
specifications provided by the police

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department. The equipment shall be able to
record a minimum of 24 hours of operation.

The facility operator shall maintain the
recordings for the prior 60 days.

5. Graffiti. The owner or operator of the use shall
remove or paint over any graffiti within 48
hours of the graffiti being painted or marked
upon the premises.

6. Displays and signs. There shall be no interior
displays of tobacco products or signs which are
clearly visible to the exterior. There shall be no
exterior advertising or sign of any kind
promoting or indicating the availability of
tobacco products. No more than 25 percent of
the square footage of each window and glass-
paneled door shall bear advertising or signs of
any sort, and all advertising and signage shall
be placed in a manner that ensures that law
enforcement personnel have a clear and
unobstructed view of the interior of the
premises.

7. Litter. The owner or operator of the use shall
remove litter from the premises daily, and shall
keep the premises swept to prevent debris
build up. Trash bins in approved enclosures
shall be provided.

8. Additional conditions. In approving a
conditional use permit to establish a use selling
tobacco products, the decision-making body
may impose additional reasonable conditions
on the use to ensure that it operates in a
manner that provides adequate protection of
the public health, safety, and general welfare.

G. Existing Tobacco Retailers. A tobacco retailer
operating lawfully on the date the ordinance codified
in this section is adopted shall be subject to Section

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90-61 related to Deemed Approved Tobacco
businesses.

SECTION 5: 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
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 6: 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 7: EFFECTIVE DATE.

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

SECTION 8: 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

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pasting procedure authorized under Government Code
Section 39633(c).

INTRODUCED at the regular meeting of Hemet City Council on the ____ day of ____, 2023.

APPROVED AND ADOPTED this ____ day of ____, 2023.
__________
_______________
Joe Males,
Mayor
ATTEST:
_________________________
John P. Maier, City Clerk

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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 2023, and had its second reading at the regular meeting of the Hemet City Council on the day of , 2023, and was passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________
_________________

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John P. Maier, City
Clerk

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- CODE
Chapter 90 - ZONING
ARTICLE II. - ADMINISTRATIVE REGULATIONS
DIVISION 2. NONCONFORMITIES
Hemet, California, Code of Ordinances Created: 2022-07-21 11:23:23 [EST] (Supp. No. 65, Update 2)

DIVISION 2. NONCONFORMITIES
Sec. 90-55. Purpose and intent.

The purpose of this division is to establish the regulations by which lots, uses, structures and characteristics of uses are allowed to continue until they are removed. It is the intent of this division that nonconformities shall not be enlarged, expanded, extended, altered, moved or reestablished after they are discontinued or abandoned, or restored after destruction, except as provided in this division. (Ord. No. 1585, § 3, 8-25-98)
Sec. 90-56. Nonconforming lots.
(a)Lot area and lot dimensions. A lot of record, created in conformity with then applicable requirements before March 1, 1975, which does not conform to the area lot width and depth standards of the zone in which the lot is located, may be used in accordance with the provisions of this division. (b)Lot line adjustment. A lot line adjustment application may be filed by a property owner, in accordance with chapter 70, subdivisions, between two or more lots, where one or more of the lots are nonconforming. The lot line adjustment may be approved so long as the resulting lot(s) will decrease the nonconformity by either increasing the lot area, lot dimensions, or both. In no case, shall a lot line adjustment be approved where the resulting adjustment results in a new nonconforming lot or where the nonconformity is increased. (Ord. No. 1585, § 3, 8-25-98)
Sec. 90-57. Nonconforming use or structure defined.
(a)Nonconforming use. A use, lawfully occupying a lot or a structure, that does not conform with the minimum development standards or the site development requirements for the zone in which the use is located shall be deemed to be nonconforming, but may continue to be used, maintained and repaired, subject to the provisions of this division.
(b)Nonconforming structure. A structure, lawfully occupying a lot, that does not conform with the minimum development standards or the site development requirements for the zone in which the structure is located shall be deemed to be nonconforming, but may continue to be used, maintained and repaired, subject to the provisions of this division.
(c)Nonconforming residential use. A single-family or multiple-family use, lawfully occupying a lot or a structure, that does not conform with the minimum development standards or the site development requirements for the zone in which the use is located shall be deemed to be nonconforming, but may continue to be used, maintained and repaired, subject to the provisions of this division.

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(d)Nonconforming residential structure. A single-family or multiple-family structure, lawfully occupying a lot, that does not conform with the minimum development standards or the site development requirements for the zone in which the structure is located shall be deemed to be nonconforming, but may continue to be used, maintained and repaired, subject to the provisions of this division. (Ord. No. 1585, § 3, 8-25-98; Ord. No. 1709, § 2, 1-13-04) Sec. 90-58. Deficiency in off-street parking.

A structure existing on July 1, 1984, shall be deemed conforming if the number of off-street parking spaces or parking area development standards are less than as required in sections 90-1423 and 90-1424, except as provided in section 90-61, pertaining to restoration of damaged structures. (Ord. No. 1585, § 3, 8-25-98)
Sec. 90-59. Beginning of nonconformity.

The effective date of change of zone or change in development standards or site development requirements shall be the beginning date of nonconformity.
(Ord. No. 1585, § 3, 8-25-98)
Sec. 90-60. Alterations to nonconforming uses or structures. (a)Alteration. A nonconforming use or structure shall not be altered in any way as to increase any nonconformity.
(b)Maintenance and repairs. Routine maintenance and minor repairs may be performed on a structure or site which is nonconforming, the maintenance and repairs shall not increase any nonconformity. (c) If a nonconforming structure becomes physically unsafe or unlawful due to lack of repairs or maintenance and is declared by any duly authorized city official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the zone in which it is located.
(Ord. No. 1585, § 3, 8-25-98)
Sec. 90-61. Restoration of damaged structure.
(a) Whenever a structure that does not comply with the minimum development standards and site development requirements for the zone in which the structure is located, is involuntarily damaged by fire, calamity, act of God or by the public enemy to the extent of 50 percent or less of the value of the structure as determined by the building official, based on the latest International Conference of Building Officials Building Valuation Data Table, the structure may be restored. The restoration shall be started within 12 months from the date of damage and diligently pursued to completion. When the damage exceeds 50 percent or the structure is razed for any reason, the structure shall not be restored except in full conformity with the regulations for the zone in which it is located. (b) The building official shall estimate, or, at the discretion of the building official, review estimates prepared by others, the extent of damage or partial destruction based upon the ratio of the estimated cost of restoring the structure to its prior condition. Estimates for this purpose shall be based on the minimum cost of construction in compliance with the latest adopted building code. The building official shall consult the latest

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adopted International Conference of Building Officials Building Valuation Data Tables as a guide for the cost of construction.
(Ord. No. 1585, § 3, 8-25-98; Ord. No. 1709, § 2, 1-13-04) Sec. 90-62. Notice of nonconformity.
(a)Intent to file. When, in the opinion of the director, a use or structure does not conform to the site development and/or development regulations of the zone in which it is located, the director shall send, by certified mail to the property owner, an intent to file a notice of nonconformity. The intent to file notice shall indicate the sections of chapter 90 with which the use or structure does not comply. If no appeal is filed, the director shall record, with the county clerk, a notice of nonconformity. (b)Notice of nonconformity. The purposes of the notice are to inform the property owner of the nonconforming status of the property and to provide constructive notice to future property owners of the nonconforming status of the property. A notice of nonconformity shall be filed by the director with the county clerk. The notice shall indicate the sections of chapter 90 with which the property does not comply. When the property has been brought into compliance with the pertinent sections of chapter 90, the director shall remove the notice of nonconformity.
(Ord. No. 1585, § 3, 8-25-98)
Sec. 90-63. Notice of abandonment.

A nonconforming use will be deemed abandoned when discontinued for a continuous period of 180 calendar days or more, or changed to a conforming use. The director may issue a notice of abandonment when discovered that the nonconforming use has been abandoned. The notice shall state the nonconforming use shall not be reestablished and the use of the structure or site thereafter shall be in conformity with the regulations for the zone in which it is located. Abandonment or discontinuance shall include cessation of a use, regardless of intent to resume the use, unless written notification has been received and accepted by the director to allow a cessation of the use while repairs are made.
(Ord. No. 1585, § 3, 8-25-98)
Sec. 90-64. Notice of elimination date.

This section does not apply to nonconformities which have been abandoned in accordance with section 90-

63. When the director, in consultation with the building official and city engineer, determines that the continuation of a nonconforming use or structure may be injurious to the public health, safety and welfare, a notice of elimination shall be sent by certified or registered mail, promptly notifying the owner of the date by which compliance will be required. The notification shall be recorded on the property and removed when the nonconformity has been eliminated. There shall be no further notification required. Within 90 calendar days, or a longer period of time if granted by the director, the property owner shall remove the nonconformity. (Ord. No. 1585, § 3, 8-25-98)
Sec. 90-65. Right to appeal.

The owner(s) may file a written appeal with the city council, within 30 calendar days of the notice of nonconformity, abandonment, or elimination. The appellant and other interested parties shall present evidence

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relating to the nonconformity. The city council, after hearing testimony, may affirm, reverse, or modify the decision of the director.
(Ord. No. 1585, § 3, 8-25-98)
Sec. 90-66. Exceptions to provisions.

Not withstanding the provisions of the chapter:
(1) The reconstruction, restoration, or rebuilding of a nonconforming residential use or structure that is involuntarily damaged or destroyed by fire, other catastrophic event, or public enemy shall be permitted subject to the provisions of this section. The expansion of an existing nonconforming residential use or structure is permitted subject to the provisions of this subdivision. In adopting this subdivision, it is the intent of the city council to comply with Sections 65852.25 and 65863 of the California Government Code.
a. An involuntary destroyed or damaged dwelling may be reconstructed, restored, or rebuilt up to its predamaged size and number of dwelling units, and its nonconforming residential use, may be resumed providing such actions conform to all of the following:

1. The California Building Standards Code, and all other building, electrical, plumbing, fire, and other uniform codes as adopted by the city that are in effect at the time a permit is obtained for the reconstruction, restoration, or rebuilding; and,

2. The State Historical Building Code (commencing with Section 18950 of the California Health and Safety Code) to the extent the dwelling is a qualified historical building or structure; and

3. The city's zoning, development, design, and architectural regulations and standards applicable to the type of use or structure damaged or destroyed. Notwithstanding the foregoing sentence, the size and number of dwelling units of the predamage structure shall not be reduced by application of such regulations and standards; and,

4. The owner of the dwelling obtains a building permit for the reconstruction, restoration, or rebuilding of the dwelling prior to the city planning commission determining that the dwelling has been abandoned in accordance with subdivision (c) of this section, or in the event the city planning commission has not taken any such action, then not later than two years from and after the dwelling was involuntarily damaged or destroyed. b. The reconstruction, restoration, or rebuilding of a nonconforming residential use or structure may be prohibited where the city planning commission determines that one of the following conditions exist:

1. The reconstruction, restoration, or rebuilding will be detrimental or injurious to the health, safety, or general welfare of persons residing or working in the neighborhood, or will be detrimental or injurious to property and improvements in the neighborhood; or

2. The existing nonconforming use of the building or structure would be more appropriately moved to a zone in which the uses is permitted, or that there no longer exists a zone in which the existing nonconforming use is permitted; or

3. The dwelling was a multifamily dwelling located in an industrial zone; or,

4. The dwelling, or if a multifamily dwelling then all of the dwelling units, have been abandoned for 180 days from and after being involuntarily damaged or destroyed; or

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5. The dwelling, prior to being involuntarily damaged or destroyed, constituted a public nuisance within the meaning of the Hemet Municipal Code and/or state law. c. The floor area of a nonconforming residential structure may be expanded by not more than 200 square feet, provided that the number of dwelling units shall not be increased, and the expansion otherwise complies with subdivision (c) of this section. (2) In a C zone, a use that is permitted or a conditional use in a C zone or M zone may be continued and a conditional use permit may be granted for expansion of the floor area or the site area occupied by the use by not more than ten percent in any five year period. In a C zone, a conditional use permit may be granted for conversion of a residence to office or commercial use subject to the standards outlined in article IV of this chapter.
(3) In an M zone or a C-M zone, a use that is a permitted use or a conditional use in any M zone may be continued. A conditional use permit may be granted for expansion of the floor area or the site area. (4) Nothing in this chapter pertaining to nonconforming structures and uses shall be construed or applied so as to require the termination, discontinuance or removal or so as to prevent the modernization, replacement, repair, maintenance, alteration, reconstruction or rebuilding and continued use of public utility buildings, structures, equipment and facilities, provided that there is no change of use or enlargement of those areas so used.
(Ord. No. 1585, § 3, 8-25-98; Ord. No. 1709, § 2, 1-13-04) Division 2:

Nonconforming Lots, Land Uses, and Structures

Sections:
90-55: Purpose
90-56: Applicability
90-57: Nonconforming Lots
90-58: Nonconforming Land Uses
90-59: Nonconforming Structures and Improvements
90-60: Deemed Approved Alcohol Use Nuisance Regulations 90-61: Deemed Approved Tobacco Use Nuisance Regulations 90-55 Purpose
A. The City Council finds that nonconforming lots, land uses, structures, and improvements within the City, including those that are legally established and those that are illegal, are detrimental to the orderly development of the City, and the health, safety, peace, comfort and welfare of persons and property within the City.

B. The purpose of this Division is to provide for the orderly termination of nonconforming rights for lots, land uses, structures, and improvements that were previously legally established; however, due to revisions to the Development Code, the previously legally established provisions no longer comply with the Development Code. The orderly termination of legally established nonconforming lots, land uses, structures, and improvements is necessary to promote the public health, safety and welfare, and to bring nonconforming lots, land uses, and structures into conformity with current Development Code provisions, and the goals and policies of the General Plan.

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C. This Division in intended to limit the expansion of nonconforming lots, land uses, structures and improvements, establish the circumstances under which they may be continued, and provide for their correction, maintenance, and removal.

D. This Division is intended to provide for the elimination of nonconforming lots, land uses, structures, and improvements as rapidly as possible, without infringing upon the constitutional rights of their owners. 90-56 Applicability
A. Nonconforming lots, land uses, structures, and improvements may be maintained, expanded, altered, and/or abated only in accordance with the provisions of this Division. It shall be the property owner’s responsibility to provide evidence or information to justify the establishment of the nonconforming rights provided under this Division.

B. A lot, land use, structure, or improvement that becomes nonconforming due to a change in zoning district boundary or Development Code Amendment, the period prescribed for abatement of the use or improvement of the lot or structure shall begin on the effective date of the change in zoning district boundary or Development Code Amendment.
90-57 Nonconforming Lots
A. A lot that is not in compliance with the development standards prescribed by this Development Code, as they pertain to minimum area, dimension, or configuration, shall be deemed a "legal nonconforming lot," provided the lot was lawfully created and existing at the time the ordinance codified in this Development Code that created the nonconformity became effective.

B. A legal nonconforming lot shall be granted all development rights and land uses of the zoning district in which it is located.
90-58 Nonconforming Land Uses
A use that lawfully occupied a building or land at the time an ordinance codified in this Development Code became effective and does not conform to the use regulations of the zoning district in which it is located, shall be deemed a “legal nonconforming use.” A legal nonconforming use may continue, subject to the following:

A.Discontinuance and Abandonment of Use, and Loss of Legal Nonconforming Status.

1. Without further action by the City, a legal nonconforming use shall lose its legal nonconforming status and shall not be reestablished if the legal nonconforming use is abandoned for any reason. a. Residential Land Uses. A legal nonconforming residential land use shall be deemed abandoned if the use is discontinued for a period of 180 or more consecutive days. b. Nonresidential Land Uses. A legal nonconforming nonresidential land use shall be deemed abandoned if the use is discontinued for a single period of 180 or more consecutive days.

2. Wherein the determination of abandonment of a land use is in question, the determination of abandonment shall be made by the Community Development Director, or their designee, based

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upon satisfactory evidence. If there are no business receipts, records, or necessary licenses available to provide evidence that the land use in question has been in continual operation, the Community Development Director, or their designee, may make a determination of “abandonment of use” based upon consideration of [i] the removal, without replacement, of equipment, furniture, machinery, fixtures, structures, or other components necessary to business operation, and/or [ii] the shut-off or disconnect of utilities (water, electricity, and/or natural gas).

3. Following the discontinuance of a nonconforming land use, the use of a property shall comply with all current requirements of this Development Code and the applicable zoning district.

B.Change in Ownership, Tenancy or Management. A change in ownership, tenancy or management of a nonconforming use shall not affect its legal nonconforming status, provided the use is not discontinued pursuant to Subsection A (Discontinuation of Use and Loss of Legal Nonconforming Status), above, or the type of use and/or intensity of use does not change.

C.New Development. New development on any lot upon which a legal nonconforming use exists shall require that all uses on the property conform to the provisions of this Development Code.

D.Alterations and Expansion of Use. A nonconforming use shall not be enlarged or extended in such a way as to occupy any part of any structure or property that the use did not occupy prior to the creation of the nonconformity.

E.Intensification of Use. A nonconforming use shall not be intensified in such a way as to increase the discrepancy between existing conditions and the standards set forth in this Development Code F.Replacement of a Nonconforming Use by Another Nonconforming Use. A legal nonconforming use may be replaced by another nonconforming use if the Community Development Director, or their designee, can clearly establish the following:

1. The nonconforming use is similar to the use(s) originally permitted in the structure/on the site;

2. The nonconforming use will not adversely affect, or be materially detrimental to, adjoining properties; and

3. The previous nonconforming use has not ceased for a period of 90 or more consecutive days.

G.Abatement of Nonconforming Uses. Nonconforming uses shall be abated as follows:

1. A use shall be discontinued upon the issuance of a cease and desist order by the City if [i] the use is nonconforming due to an operation or process that poses a threat to the public health, safety or welfare, as determined by the Police Chief, Fire Chief, Community Development Director, Code Enforcement Supervisor, Building Official, Public Works Director, or any of their designees; and [ii] the owner fails to discontinue the operation or process, or to fully mitigate the hazard(s) involved.

2. A use that does not occupy a structure, or that occupies a structure having an assessed valuation of less than $2,500 and causes a public or private nuisance, shall be discontinued within 5 years following the effective date of the ordinance codified in this Development Code.

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3. The abatement of nonconforming alcohol businesses shall be governed by Section 90-60 (Deemed Approved Alcohol Use Nuisance Regulations of this Division).

4. The abatement of nonconforming tobacco businesses shall be governed by Section 90- 61 (Deemed Approved Tobacco Use Nuisance Regulations of this Division).

5. A nonconforming use that has been discontinued or abandoned shall comply with Subsection A (Discontinuance and Abandonment of Use, and Loss of Legal Nonconforming Status) of this Section.

90-59 Nonconforming Structures and Improvements
A structure or improvement that was lawfully constructed or installed at a time an ordinance codified in this Development Code became effective, and does not conform to the development standards of the zoning district in which it is located, shall be deemed a “legal nonconforming structure” or “legal nonconforming improvement,” as applicable. A legal nonconforming structure or improvement may continue, subject to the following:

A. Damage or Destruction of a Legal Nonconforming Structure.

1. A legal nonconforming structure that is damaged or partially destroyed by fire or other calamity, or the public enemy, or other cause which is beyond the control of the property owner, and which could not otherwise have been prevented by reasonable care and maintenance of the structure, may be reconstructed, restored, or rebuilt up to the original size, placement and density, provided that total cost of the reconstruction, restoration, or rebuilding does not exceed more than 50 percent of the structure’s fair market value prior to said damage or destruction.

Structure reconstruction, restoration, or rebuilding shall commence within 180 days following the occurrence of damage, and shall be diligently pursued to completion.

2. In the event that the cost of reconstructing, restoring, or rebuilding a structure exceeds 50 percent of the fair market value of the structure prior to such damage occurring, the structure may be reconstructed, restored, or rebuilt up to its original size, placement, and density prior to such damage occurring, and the use of the structure resumed, subject to the following:
a. The Planning Commission, at a duly noticed public hearing, shall first find that the reconstruction, restoration, or rebuilding of the nonconforming structure: [i] will not be detrimental or injurious to the health, safety or general welfare of persons residing or working in the neighborhood, [ii] will not be detrimental or injurious to property and improvements in the neighborhood, and [iii] continuation of the nonconforming structure will not result in an annoyance to and/or reduction of any surrounding property.
b. The public hearing and findings prescribed in Subparagraph A.2.a, above, shall not be required for the reconstruction, restoration, or rebuilding of a legal nonconforming single-family dwelling located on a lot that is designated for single-family dwellings in the General Plan.
c. The reconstruction, restoration, or rebuilding shall be commenced within 180 days following the date that the damage or destruction occurred and diligently pursued to completion.

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d. Nothing in this section shall be construed to permit the continuation of conditions that will endanger the health, safety, or welfare of building occupants, the residents of the area, or which constitute a public or private nuisance.

B. Reconstruction, Restoration or Rebuilding of Legal Nonconforming Multiple-Family Housing.

1. Pursuant to GC Section 65852.25, legal nonconforming multiple-family housing that has been involuntarily damaged or destroyed by fire or other catastrophic event, or the public enemy, and such involuntarily damage or destruction could not otherwise have been prevented by reasonable care and maintenance of the structure, may be reconstructed up to the original size, placement and density, excepting multiple-family housing that conforms with one or more of the following:
a. The reconstruction, restoration, or rebuilding will be detrimental or injurious to the health, safety or general welfare of persons residing or working in the neighborhood, or will be detrimental or injurious to property and improvements in the neighborhood; b. The existing nonconforming use of the building or structure would be more appropriately moved to a zone in which the use is permitted, or that there no longer exists a zone in which the existing nonconforming use is permitted; or c. The existing nonconforming use of the building or structure has ceased for a period of 180 or more consecutive days.

2. The reconstruction, restoration, or rebuilding of any legal nonconforming multiple- family housing pursuant shall conform to all of the following:
a. The California Building Standards Code, as that code was in effect at the time of reconstruction, restoration, or rebuilding;
b. Any more restrictive local building standards authorized pursuant to HSC Sections 13869.7, 17958.7, and 18941.5, as those standards were in effect at the time of reconstruction, restoration, or rebuilding;
c. The provisions of this Development Code, so long as the predamage size and number of dwelling units are maintained;
d. Architectural regulations and standards, so long as the predamage size and number of dwelling units are maintained; and
e. A building permit shall be obtained within 2 years following the date that the damage or destruction occurred, and diligently pursued to completion.

3. The reconstruction, restoration, or rebuilding of multiple-family housing that is involuntarily damaged or destroyed by fire or other catastrophic event, or by the public enemy, shall be prohibited within any industrial zoning district.

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C. Alterations and Expansions to Legal Nonconforming Structures.

A nonconforming structure shall not be moved, altered or enlarged so as to increase the discrepancy between existing conditions and the most current standard as prescribed by the zoning district in which the structure is located. Furthermore, reasonable repairs and alterations may be made to legal nonconforming nonresidential structures, provided that no structural alterations shall be made that would prolong the life of supporting members, such as bearing walls, columns, beams, or girders, of a structure. Structural elements may be modified only if the modification or repair is immediately necessary to protect the public health and safety, occupants of the legal nonconforming structure, or adjacent property, as determined by the Building Official, excepting alteration and/or enlargement of the following:

1. A nonconforming structure shall not be moved, altered or enlarged so as to increase the discrepancy between existing conditions and the most current standard as prescribed by the zoning district in which the structure is located, excepting alteration and/or enlargement of:
a. A single-family dwelling conducted pursuant to Subsection H (Nonconforming Single-Family Residential Structures) of this Section. b. A multiple-family development conducted pursuant to Subsection I (Nonconforming Multiple-Family Residential Development) of this Section. c. A nonresidential lot and/or structure conducted pursuant to Subsection J (Alteration and/or Expansion of a Nonconforming Nonresidential Structure) of this Section.

2. Within nonresidential zoning and land use districts, reasonable repairs and alterations may be made to legal nonconforming nonresidential structures, provided that no structural alterations shall be made that would prolong the life of supporting members, such as bearing walls, columns, beams, or girders, of a structure. Structural elements may be modified only if the modification or repair is immediately necessary to protect the public health and safety of occupants of the legal nonconforming structure or adjacent property, as determined by the Building Official, except as otherwise allowed by Subsection J (Alteration and/or Expansion of a Nonconforming Nonresidential Structure) of this Section. The total cost of the repairs or alterations may not exceed 50 percent of the replacement cost of the nonconforming structure; however, improvements required to reinforce an unreinforced masonry structure shall be permitted without replacement cost limitations, provided the retrofitting is strictly limited to compliance with current earthquake safety standards.

D.Interior Modifications to Legal Nonconforming Structures. Changes to interior partitions or other nonstructural improvements and repairs may be made to legal nonconforming structures provided that, over any consecutive 5-year period, the total cost of the desired improvements or repairs does not exceed 50 percent of the replacement cost of the structure. For the purpose of this provision, the replacement cost shall be determined by the Community Development Director.

E.New Structures. Any new structure constructed on a lot with an existing legal nonconforming structure shall be constructed in conformance with all applicable provisions of this Development Code; however, in no case may a new nonresidential structure be constructed on the same lot as an existing legal nonconforming residential structure.

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F.Abatement of Nonconforming Structures Posing a Threat to the Public Health, Safety and General Welfare. A structure that is nonconforming because of a violation or deficiency that poses a threat to the public health, safety, or general welfare, as determined by the Building Official, and that fails to provide necessary improvements to resolve the nonconformity or to fully mitigate the hazard involved, shall be abated, condemned or demolished upon the issuance of a nuisance abatement, condemnation, or demolition order by the City.

G.Conversion of Nonconforming Residential Structures Located Within Industrial Zoning Districts. A nonconforming residential structure located within an industrial zoning district shall not be converted to accommodate a commercial or industrial land use.

H.Alteration and/or Expansion of a Nonconforming Single-Family Residential Structures. In addition to the requirements of Subsections A through G of this Section, a nonconforming single- family residential lot and/or structure that was lawfully established and maintained prior to the adoption of the ordinance codified in this Development Code, but which under the provisions of this Development Code does not conform with the regulations of the zoning district in which it is located with respect to use, design, and/or development standards, and which is continuously used and maintained for single-family residential purposes, shall be subject to the following:

1.Alterations and Expansions to Single-Family Structures in Nonresidential Zones. a. Necessary repairs and desirable alterations, as deemed appropriate by the Community Development Director, may be made to a legal nonconforming single-family residential structure that is nonconforming as to use.
b. A single-family dwelling that is nonconforming as to use may be enlarged by an additional 25 percent of the original enclosed floor area, provided the addition meets all other provisions of this Development Code.
c. A single-family dwelling that is nonconforming as to its location within a zoning district that does not permit single-family dwellings, and in which the residential use was lawfully established and continuously maintained, shall be subject to the development regulations of the R-1-10 zoning district.
d. The addition or enlargement of a garage for the purpose of providing off- street parking facilities shall be permitted and shall not be counted toward the additional floor area permitted by Subparagraph H.1.b, above.

2.Continuation of a Nonconforming Setback. A single-family dwelling having a nonconforming side yard setback, which is added to, extended or enlarged, may continue the nonconforming setback, provided the addition, extension or enlargement maintains a side yard setback equal to or greater than the existing side yard setback, and is no greater than 14 feet in height.

3.On-site Parking. A single-family residential dwelling that is nonconforming as to site development or design, which is expanded or enlarged to include more than 3 bedrooms, or wherein a second unit or guesthouse is constructed, off-street parking shall be provided, unless physical constraints exist that would make it impractical to provide the required parking facility(ies), as determined by the Community Development Director, given the existing site design and configuration. For the purpose of this provision, a bedroom shall be considered any

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room within the structure that is not a clearly established garage, kitchen, bathroom, hallway or open living area (e.g., dining, family, and living rooms).

4.Fences and Walls. A street side yard fence or wall that is nonconforming as to setback and was lawfully constructed prior to 1998, may be replaced with a block wall or other fence, keeping within the existing setback, provided visual evidence (such as a photograph) of the nonconforming setback is provide to the Community Development Department prior to building permit issuance for the new fence or wall. If a fence or wall nonconforming as to setback is demolished or removed prior to obtaining a building permit for a new fence or wall, the new fence or wall must meet the setback requirements in effect at the time of building permit issuance.

5. Revocable Encroachment Agreement. A front yard fence or wall that is located in the right-of- way shall be demolished prior to the issuance of any new construction permits on the property.

An existing nonconforming fence or wall located in the right-of-way may be repaired or replaced in-kind only when visual evidence has been provided (such as a photograph) demonstrating a consistent and clear historical pattern of development within the neighborhood is provided to the Community Development Department, subject to the following criteria. a. The existing fencing or wall should not be located in a manner that is hazardous for traveling public, including motorists, bicyclists and pedestrians. b. The fencing or wall shall not impede existing travel lanes. c. The fencing or wall shall not conflict with existing public utility structures, such as hydrants, vault and service meters, overhead power lines, pipelines, conduits or substructures of any public utility.
d. Prior to building permit issuance, the property owner shall enter into a revocable encroachment agreement with the City. The revocable encroachment agreement shall be terminated when roadway expansion or other improvements are necessary as required by the City.
e. In no case, shall existing chain link fences be replaced. f. The Community Development Department shall report all revocable encroachment agreements to the City Engineer.

I.Alteration and/or Expansion of a Nonconforming Multiple-Family Residential Development. In addition to the applicable requirements of Subsections A through G of this Section, a nonconforming multiple- family residential structure that was lawfully established and maintained prior to the adoption of the ordinance codified in this Development Code, but which under the provisions of this Development Code does not conform with the regulations of the zoning district in which it is located with respect to use, design, and/or development standards, and which is continuously used and maintained for multiple- family residential purposes, shall be subject to the following:

1. An existing multiple-family residential development that is nonconforming as to base residential density, may be granted a one-time increase in residential density, not to exceed 25 percent of the residential density before the increase, subject to the granting of a Conditional Use Permit.

2. The increase in residential density shall be acted on based upon the information provided in the submitted application, evidence presented in the Planning Department’s written report, and any comments and/or testimony provided by the public, only after considering and clearly establishing all of the below-listed findings, which shall be in addition to the findings for Conditional Use Permit approval, and giving reasons in support of each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.

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a. The density increase will protect a valuable property investment; b. The density increase will not adversely affect or be materially detrimental to surrounding properties;
c. The expansion is architecturally compatible with the existing building; d. The density increase and building expansion is compatible with the character of the surrounding area; and
e. The density increase will provide adequate parking.

3. Notwithstanding the density increase described in Paragraph 1, above, the City shall not preclude an existing multiple-family residential development that is nonconforming as to base residential, the addition of at least one dwelling unit.

J.Alteration and/or Expansion of a Nonconforming Nonresidential Structure. In addition to the requirements of Subsections A through G of this Section, a nonconforming nonresidential lot and/or structure that was lawfully established and maintained prior to the adoption of the ordinance codified in this Development Code, but which under the provisions of this Development Code does not conform with the regulations of the zoning district in which it is located with respect to use, design, and/or development standards, and which is continuously used and maintained for nonresidential purposes (excepting Nonconforming Alcohol Businesses, which shall comply with Section 90-60 (Abatement of Nonconforming Alcohol Businesses) of this Division), shall be subject to the following:

1. A nonconforming nonresidential land use or structure may be granted a one-time, 25 percent expansion in area, subject to the granting of a Conditional Use Permit.

2. The alteration and/or expansion of a nonconforming nonresidential lot and/or structure shall be acted on based upon the information provided in the submitted application, evidence presented in the Planning Department’s written report, and any comments and/or testimony provided by the public, only after considering and clearly establishing all of the below- listed findings, which shall be in addition to the general findings for Conditional Use Permits under this Code, and giving reasons in support of each finding. The application shall be denied if one or more of the below- listed findings cannot be clearly established.
a. The alteration/expansion will protect a valuable property investment; b. The alteration/expansion and the proposed use will not adversely affect or be materially detrimental to surrounding properties;
c. The alteration/expansion will allow for modernization in order to properly operate the use and protect valuable property rights;
d. The alteration/expansion is architecturally compatible with the existing building;
e. The alteration/expansion is compatible with the character of the surrounding area; and

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f. The alteration/expansion will provide adequate parking and will not displace existing parking facilities.

K.Nonconforming Improvements. Nonconforming improvements such as landscaping, screen walls, security fences, and enclosures for trash receptacles, shall be altered to comply with the district regulations covering the following standards as a condition of any discretionary land use or development entitlement approval required by this Development Code:

1. The landscaping of setback areas, insofar as a setback exists;

2. The landscaping of parking areas, provided fulfilling the requirement does not reduce off-street parking or loading spaces to fewer than prescribed by Division 6.03 (Off-Street Parking and Loading) of this Development Code;

3. The screening of outdoor storage and loading areas;

4. The design, height, and placement of security fences; and

5. The enclosure of trash receptacles.
90-60 Deemed Approved Alcohol Use Nuisance Regulations
A. Findings. The City Council hereby finds and declares that:

1. Nuisance and criminal activities such as drug dealing, public drunkenness, loitering, and other behaviors that negatively impact neighborhoods occur with disproportionate frequency at and around the premises of on and off-sale alcohol uses; and,

2. Neighborhood character can change over time and the careful regulation of nuisance activity by alcohol uses will help to ensure that such uses do not contribute to the deterioration of neighborhoods; and,

3. Poorly regulated off-sale alcohol uses increase the availability of alcohol in the communities in which they are located, and studies have demonstrated a link between the availability of alcohol and numerous negative consequences, including violence, fatal traffic crashes, and nuisance law violations; and,

4. The City currently lacks a targeted administrative mechanism to its existing nuisance laws based on the alcohol uses on a store-by-store basis through the attachment of conditions, the imposition of administrative penalties, or the revocation of use permits; and,

5. Alcohol uses operating outside of the law negatively impact those uses operating within the law and as good neighbors; and

6. The City recognizes its responsibility to enforce the law and the need for a partnership with alcohol uses and the City, including the Police Department and the City Attorney, to address illegal activities in proximity to an alcohol use. The City also recognizes that there are occasions when owners and employees of alcohol uses would fear for their personal safety in requesting that persons engaging in illegal activities cease those activities; and

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7. Good faith efforts on the part of the owners and employees of alcohol uses to address illegal activities in proximity to their stores, including meeting the performance standards Section 90- 90(g) can reduce the nuisance impacts of such alcohol uses; and B. Title; Reference
The provisions of this Section 90-60 shall be known as the “Deemed Approved Alcohol Use Nuisance Regulations.” The purpose of these regulations is to promote the public health, safety and general welfare by requiring that businesses that sell alcoholic beverages and that were permitted, conditionally permitted, or nonconforming uses before the adoption of these regulations, or that are permitted or conditionally permitted by the City after the adoption of these regulations, comply with the Performance Standards as specified in Section 90-90(g) in order to achieve the following objectives:

1. To protect adjacent neighborhoods from the harmful effects of nuisance activities often attendant to the sale of alcoholic beverages.

2. To provide opportunities for businesses that sell alcoholic beverages to operate in a mutually beneficial relationship to each other and to other commercial and civic services.

3. To provide mechanisms to address nuisance problems often associated with the sale of alcoholic beverages, such as litter, graffiti, unruly behavior, and escalated noise levels.

4. To ensure that businesses that sell alcoholic beverages are not the source of undue public nuisances in the community.

5. To ensure that sites where alcoholic beverages are sold are properly maintained so that negative impacts generated by these activities are not harmful to the surrounding environment.

6. To monitor alcohol uses to ensure that they do not substantially change their mode or character of operation.

C. Automatic Deemed Approved Status
All businesses or entities engaged in the sale of alcoholic beverages that are operating as permitted, conditionally permitted, or nonconforming uses prior to the effective date of this ordinance are now automatically Deemed Approved Alcohol Uses. Each such Deemed Approved Alcohol Use shall retain this status as long as it continues to comply with the Performance Standards as specified in Section 90-90(g).

D. Status of New Alcohol Uses
After the effective date of this ordinance all new permitted alcohol uses shall also be subject to the Performance Standards as specified in Section 90-90(g) and shall receive the same notices and be subject to the same administrative procedures, penalties and fees as those Deemed Approved Alcohol Uses that were operating as permitted, conditionally permitted, or nonconforming uses prior to the effective date of this ordinance.

E. Previously Non-Conforming Alcohol Uses
Any Deemed Approved Alcohol Use that was previously considered to be a non-conforming use shall continue to be subject to those provisions of this Code that govern non-conforming uses to the extent those provisions do not conflict with the provisions of this Section.

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F. Abandonment.

Whenever a Deemed Approved Alcohol Use ceases to be operated continuously, or undergoes a substantial change in mode or character of operation, such Deemed Approved Alcohol Use shall not be resumed. A substantial change in the mode of character of operation shall not include:

1. Changes in ownership or an owner-to-owner transfer of an Alcohol Beverage Control License.

2. Re-establishment, restoration, or repair of an existing Alcohol Use on the same lot after total or partial destruction or damage due to fire, riot, insurrection, toxic accident or act of God.

3. Temporary closure for not more than ninety (90) days for repair, renovation or remodeling, or in cases of vacation or illness.

G. Notification to Owners of Deemed Approved Alcohol Uses.

Within six months of the enactment of this Ordinance, and every year thereafter, the Community Development Department, in coordination with the Police Department, shall notify the owner of each Deemed Approved Alcohol Use of the use's Deemed Approved status. Such notice shall be sent via U.S. mail and shall include a copy of the performance standards as specified in Section 90-90(g), notification that the Deemed Approved Alcohol Use is required to comply with the Performance Standards, and notification that the Deemed Approved Alcohol Use is required to comply with all other provisions of the Deemed Approved Alcohol Use Regulations. As long as service is made following these procedures failure of any person to receive notice given pursuant to this Section shall not affect the Deemed Approved status of the use.

The Community Development Department shall refer to the California Alcoholic Beverage Control Department's database of all active licenses in the City of Hemet to determine the names and addresses of the operators of Deemed Approved Alcohol Uses.

H. Education and Outreach to Deemed Approved Alcohol Uses.

1. Within six months of the enactment of this legislation, the Community Development Director, or his or her designee, in cooperation with the Chief of the Police Department or his or her designee, shall develop and implement an education and outreach program to educate Deemed Approved Alcohol Uses about the steps each use may take to operate as a good neighbor in their communities, to avoid nuisance behaviors, and to abide by requirements of this Code. This education and outreach program shall be aimed towards the prevention of alcohol-related nuisances. The education and outreach program shall be directed to all Deemed Approved Alcohol Uses.

2. The education and outreach program shall include
a. The development and distribution of informational packets on the requirements and benefits of this Code and of other educational materials, including, but not limited to, culturally and linguistically appropriate informational posters, brochures, and other materials for display at Deemed Approved Alcohol Uses.

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b. Commencing within six months of the enactment of this Ordinance, biennially the Community Development Department shall provide educational sessions for operators of Deemed Approved Alcohol Uses. Operators of Deemed Approved Alcohol Uses who do not attend the educational session every two years shall receive an educational site visit from the Community Development Department. This visit should be coordinated with and, when possible, conducted with Police Department personnel.

I. Violations of Performance Standards
If the City Attorney receives from any City official authorized to enforce the provisions of this Code, including but not limited to the Community Development Director, the Chief of Police, or the designee of any of these officials, a request to consider bringing an administrative hearing or prosecuting a Deemed Approved Alcohol Use for violations of City, State and/or Federal laws for violations of the Performance Standards, or for violations of any condition that has been placed on a Deemed Approved Alcohol Use, the City Attorney may determine that it is appropriate to file a civil action against the Deemed Approved Alcohol Use and/or may determine that it is appropriate to bring the Deemed Approved Alcohol Use to an administrative hearing. At the administrative hearing, the City Attorney may request that a decision be issued ordering that the violations of the Performance Standards be corrected, that a decision be issued imposing administrative penalties against the Deemed Approved Alcohol Use, and/or that a decision be issued imposing conditions on the continued operation of the Deemed Approved Alcohol Use.

In the event that the Deemed Approved Alcohol Use has, within the past three years, been the subject of an administrative hearing at which a finding of violation of the Performance Standards was made, at which conditions were imposed on the Deemed Approved Alcohol Uses' continued operations, and/or at which administrative penalties were imposed on the Deemed Approved Alcohol Use for violation of the Performance Standards, the City Attorney may request that an administrative hearing be held to consider the revocation of the Deemed Approved Alcohol Use's Deemed Approved status and/or request additional penalties or conditions.

J. Conditional Use Permits
In the event that the City Attorney receives a request to consider bringing an administrative hearing pursuant to this Section, and determines that the alleged violations are violations of conditions imposed by the Planning Commission or City Council through the conditional use permitting process, the City Attorney shall refer its findings to the Planning Department for actions consistent with Section 90-42.11. Notwithstanding the foregoing, any alleged violations that are not violations of conditions imposed by the Planning Commission or City Council through the conditional use permitting process shall be subject to the administrative hearing process in this Section.

K. Administrative Hearings.

1. Hearings under this Section shall be conducted in conformity with Division 12 of Article II of Chapter 1 of this Code.

2. Notice. The notice to the owner of the Deemed Approved Alcohol Use of the administrative hearing shall be substantially in the following form, but may include additional information:

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“You are hereby notified that an administrative hearing will be held before the City of Hemet Hearing Officer at the date and time contained within this Notice to determine whether, due to violations of the Performance Standards found at Hemet Municipal Code Section 90-90(g), conditions should be imposed on the Deemed Approved Alcohol Use status of the business operated at pursuant to the Deemed Approved Alcohol Use Regulations contained in the Hemet Municipal Code, whether administrative penalties should be imposed, and/or whether the Deemed Approved Status of the Alcohol Use should be revoked. You may be present and give testimony at the hearing. You may be, but need not be, represented by counsel. In the event that you or the City Attorney requests to submit briefing prior to the administrative hearing, all parties will be notified of the briefing schedule set by, the Hearing Officer appointed in this matter.”
A brief statement of the reason(s) for the hearing shall also be included with the notice, including a list of which Performance Standards the Deemed Approved Alcohol Use is considered to be violating.

3. Purpose of the Hearing. The purpose of the administrative hearing is to receive information as to whether the Deemed Approved Alcohol Use is in compliance with the Performance Standards found at Section 90-90(g). The Hearing Officer shall determine whether the Deemed Approved Alcohol Use is in compliance with the Performance Standards. Based on this determination, the Hearing Officer may continue the Deemed Approved status for the use in question, may impose administrative penalties for violations of the Performance Standards, may impose such reasonable conditions as are in the judgment of the Hearing Officer necessary to ensure compliance with the Performance Standards, and may revoke the Deemed Approved Alcohol Use's Deemed Approved Status. If the Hearing Officer determines instead to impose further, new conditions on the Deemed Approved Alcohol Use, such conditions shall be based upon the information then before the Hearing Officer.

4. In reaching a determination as to whether a use has violated the Performance Standards, or as to the appropriateness of imposing conditions on a use, revoking a use, assessing administrative penalties, or the amount of administrative penalties to assess, the Hearing Officer may consider:
a. The length of time the Deemed Approved Alcohol Use has been out of compliance with the Performance Standard(s); and
b. The impact of the violation of the Performance Standard(s) on the community; and c. Any information regarding the owner of the Deemed Approved Alcohol Use's efforts to remedy the violation of the Performance Standard.
d. "Efforts to Remedy" shall include, but are not limited to:
i. Timely calls to the Police Department that are placed by the owner of the Deemed Approved Alcohol Use, his employees, or agents.
ii. Requesting that those persons engaging in activities causing violations of the Performance Standards cease those activities, unless the owner of the Deemed Approved Alcohol Use, or his employees or agents feels that their personal safety would be threatened in making that request.
iii. Making improvements to the use's property or operations, including but not limited to the installation of lighting sufficient to illuminate the area within the use's

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property line, the installation of security cameras, clear unobstructed windows, clean sidewalks, and graffiti abated within a reasonable time.

5. The decision of the Hearing Officer shall be based upon all information received at the administrative hearing, including, but not limited to, information compiled by City staff, testimony from the owner of the Deemed Approved Alcohol Use, and the testimony of all other interested persons. Any conditions imposed by the Hearing Officer shall be a condition of the Deemed Approved Alcohol Use's continued operation. Any condition imposed by the Hearing Officer shall not be considered a suspension, revocation, or withdrawal of a Deemed Approved Alcohol Use's use permit.

6. All determinations, decisions, and conditions made or imposed under this Section regarding the use of a Deemed Approved Alcohol Use shall run with the land.

L. Illegal Use.

A Deemed Approved Alcohol Use, that has been finally revoked shall lose its Deemed Approved Alcohol Use Status and shall no longer be considered a legal use of the building, structure, site, or portion thereof, and shall cease operation immediately.
90-61 Deemed Approved Tobacco Use Nuisance Regulations
A. Findings. The City Council hereby finds and declares that:

8. Nuisance and criminal activities such as drug dealing, loitering, and other behaviors that negatively impact neighborhoods occur with disproportionate frequency at and around the premises engaged in the sale of tobacco products; and,

9. Neighborhood character can change over time and the careful regulation of nuisance activity by tobacco uses will help to ensure that such uses do not contribute to the deterioration of neighborhoods; and,

10. Poorly regulated tobacco uses increase the availability of tobacco in the communities in which they are located, and studies have demonstrated a link between the availability of tobacco and numerous negative consequences; and,

11. The City currently lacks a targeted administrative mechanism to its existing nuisance laws based on the tobacco uses on a store-by-store basis through the attachment of conditions, the imposition of administrative penalties, or the revocation of use permits; and,

12. Tobacco uses operating outside of the law negatively impact those uses operating within the law and as good neighbors; and

13. The City recognizes its responsibility to enforce the law and the need for a partnership with tobacco uses and the City, including the Police Department and the City Attorney, to address illegal activities in proximity to an tobacco use. The City also recognizes that there are occasions when owners and employees of tobacco uses would fear for their personal safety in requesting that persons engaging in illegal activities cease those activities; and

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14. Good faith efforts on the part of the owners and employees of tobacco uses to address illegal activities in proximity to their stores, including meeting the performance standards Section 90- 91(F) can reduce the nuisance impacts of such tobacco uses; and B. Title; Reference
The provisions of this Section 90-61 shall be known as the “Deemed Approved Tobacco Use Nuisance Regulations.” The purpose of these regulations is to promote the public health, safety and general welfare by requiring that businesses that sell tobacco products and that were permitted, conditionally permitted, or nonconforming uses before the adoption of these regulations, or that are permitted or conditionally permitted by the City after the adoption of these regulations, comply with the Performance Standards as specified in Section 90-91(F) in order to achieve the following objectives:

7. To protect adjacent neighborhoods from the harmful effects of nuisance activities often attendant to the sale of tobacco products.

8. To provide opportunities for businesses that sell tobacco products to operate in a mutually beneficial relationship to each other and to other commercial and civic services.

9. To provide mechanisms to address nuisance problems often associated with the sale of tobacco products, such as litter, graffiti, unruly behavior, and escalated noise levels.

10. To ensure that businesses that sell tobacco products are not the source of undue public nuisances in the community.

11. To ensure that sites where tobacco products are sold are properly maintained so that negative impacts generated by these activities are not harmful to the surrounding environment.

12. To monitor Tobacco uses to ensure that they do not substantially change their mode or character of operation.

C. Automatic Deemed Approved Status
All businesses or entities engaged in the sale of tobacco products that are operating as permitted, conditionally permitted, or nonconforming uses prior to the effective date of this ordinance are now automatically Deemed Approved Tobacco Uses. Each such Deemed Approved Tobacco Use shall retain this status as long as it continues to comply with the Performance Standards as specified in Section 90-91(F).

D. Status of New Tobacco Uses
After the effective date of this ordinance all new permitted tobacco uses shall also be subject to the Performance Standards as specified in Section 90-91(F) and shall receive the same notices and be subject to the same administrative procedures, penalties and fees as those Deemed Approved Tobacco Uses that were operating as permitted, conditionally permitted, or nonconforming uses prior to the effective date of this ordinance.

E. Previously Non-Conforming Tobacco Uses

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Any Deemed Approved Tobacco Use that was previously considered to be a non-conforming use shall continue to be subject to those provisions of this Code that govern non-conforming uses to the extent those provisions do not conflict with the provisions of this Section.

F. Abandonment.

Whenever a Deemed Approved Tobacco Use ceases to be operated continuously, or undergoes a substantial change in mode or character of operation, such Deemed Approved Tobacco Use shall not be resumed. A substantial change in the mode of character of operation shall not include:

4. Changes in ownership.

5. Re-establishment, restoration, or repair of an existing Deemed Approved Tobacco Use on the same lot after total or partial destruction or damage due to fire, riot, insurrection, toxic accident or act of God.

6. Temporary closure for not more than ninety (90) days for repair, renovation or remodeling, or in cases of vacation or illness.

G. Notification to Owners of Deemed Approved Tobacco Uses.

Within six months of the enactment of this Ordinance, and every year thereafter, the Community Development Department, in coordination with the Police Department, shall notify the owner of each Deemed Approved Tobacco Use of the use's Deemed Approved status. Such notice shall be sent via U.S. mail and shall include a copy of the performance standards as specified in Section 90-91(F), notification that the Deemed Approved Tobacco Use is required to comply with the Performance Standards, and notification that the Deemed Approved Tobacco Use is required to comply with all other provisions of the Deemed Approved Tobacco Use Regulations. As long as service is made following these procedures failure of any person to receive notice given pursuant to this Section shall not affect the Deemed Approved status of the use.

H. Education and Outreach to Deemed Approved Tobacco Uses.

3. Within six months of the enactment of this legislation, the Community Development Director, or his or her designee, in cooperation with the Chief of the Police Department or his or her designee, shall develop and implement an education and outreach program to educate Deemed Approved Tobacco Uses about the steps each use may take to operate as a good neighbor in their communities, to avoid nuisance behaviors, and to abide by requirements of this Code. This education and outreach program shall be aimed towards the prevention of tobacco-related nuisances. The education and outreach program shall be directed to all Deemed Approved Tobacco Uses.

4. The education and outreach program shall include
a. The development and distribution of informational packets on the requirements and benefits of this Code and of other educational materials, including, but not limited to, culturally and linguistically appropriate informational posters, brochures, and other materials for display at Deemed Approved Tobacco Uses.

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b. Commencing within six months of the enactment of this Ordinance, biennially the Community Development Department shall provide educational sessions for operators of Deemed Approved Tobacco Uses. Operators of Deemed Approved Tobacco Uses who do not attend the educational session every two years shall receive an educational site visit from the Community Development Department. This visit should be coordinated with and, when possible, conducted with Police Department personnel.

I. Violations of Performance Standards
If the City Attorney receives from any City official authorized to enforce the provisions of this Code, including but not limited to the Community Development Director, the Chief of Police, or the designee of any of these officials, a request to consider bringing an administrative hearing or prosecuting a Deemed Approved Tobacco Use for violations of City, State and/or Federal laws for violations of the Performance Standards, or for violations of any condition that has been placed on a Deemed Approved Tobacco Use, the City Attorney may determine that it is appropriate to file a civil action against the Deemed Approved Tobacco Use and/or may determine that it is appropriate to bring the Deemed Approved Tobacco Use to an administrative hearing. At the administrative hearing, the City Attorney may request that a decision be issued ordering that the violations of the Performance Standards be corrected, that a decision be issued imposing administrative penalties against the Deemed Approved Tobacco Use, and/or that a decision be issued imposing conditions on the continued operation of the Deemed Approved Tobacco Use.

In the event that the Deemed Approved Tobacco Use has, within the past three years, been the subject of an administrative hearing at which a finding of violation of the Performance Standards was made, at which conditions were imposed on the Deemed Approved Tobacco Uses' continued operations, and/or at which administrative penalties were imposed on the Deemed Approved Tobacco Use for violation of the Performance Standards, the City Attorney may request that an administrative hearing be held to consider the revocation of the Deemed Approved Tobacco Use's Deemed Approved status and/or request additional penalties or conditions.

J. Conditional Use Permits
In the event that the City Attorney receives a request to consider bringing an administrative hearing pursuant to this Section, and determines that the alleged violations are violations of conditions imposed by the Planning Commission or City Council through the conditional use permitting process, the City Attorney shall refer its findings to the Planning Department for actions consistent with Section 90-42.11. Notwithstanding the foregoing, any alleged violations that are not violations of conditions imposed by the Planning Commission or City Council through the conditional use permitting process shall be subject to the administrative hearing process in this Section.

K. Administrative Hearings.

7. Hearings under this Section shall be conducted in conformity with Division 12 of Article II of Chapter 1 of this Code.

8. Notice. The notice to the owner of the Deemed Approved Tobacco Use of the administrative hearing shall be substantially in the following form, but may include additional information:
“You are hereby notified that an administrative hearing will be held before the City of Hemet Hearing Officer at the date and time contained within this Notice to determine whether, due to violations of the Performance Standards found at Hemet Municipal Code Section 90-91(F), conditions should be

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imposed on the Deemed Approved Tobacco Use status of the business operated at pursuant to the Deemed Approved Tobacco Use Regulations contained in the Hemet Municipal Code, whether administrative penalties should be imposed, and/or whether the Deemed Approved Status of the Tobacco Use should be revoked. You may be present and give testimony at the hearing. You may be, but need not be, represented by counsel. In the event that you or the City Attorney requests to submit briefing prior to the administrative hearing, all parties will be notified of the briefing schedule set by, the Hearing Officer appointed in this matter.”
A brief statement of the reason(s) for the hearing shall also be included with the notice, including a list of which Performance Standards the Deemed Approved Tobacco Use is considered to be violating.

9. Purpose of the Hearing. The purpose of the administrative hearing is to receive information as to whether the Deemed Approved Tobacco Use is in compliance with the Performance Standards found at Section 90-91(F). The Hearing Officer shall determine whether the Deemed Approved Tobacco Use is in compliance with the Performance Standards. Based on this determination, the Hearing Officer may continue the Deemed Approved status for the use in question, may impose administrative penalties for violations of the Performance Standards, may impose such reasonable conditions as are in the judgment of the Hearing Officer necessary to ensure compliance with the Performance Standards, and may revoke the Deemed Approved Tobacco Use's Deemed Approved Status. If the Hearing Officer determines instead to impose further, new conditions on the Deemed Approved Tobacco Use, such conditions shall be based upon the information then before the Hearing Officer.

10. In reaching a determination as to whether a use has violated the Performance Standards, or as to the appropriateness of imposing conditions on a use, revoking a use, assessing administrative penalties, or the amount of administrative penalties to assess, the Hearing Officer may consider:
a. The length of time the Deemed Approved Tobacco Use has been out of compliance with the Performance Standard(s); and
b. The impact of the violation of the Performance Standard(s) on the community; and c. Any information regarding the owner of the Deemed Approved Tobacco Use's efforts to remedy the violation of the Performance Standard.
d. "Efforts to Remedy" shall include, but are not limited to:
i. Timely calls to the Police Department that are placed by the owner of the Deemed Approved Tobacco Use, his employees, or agents.
ii. Requesting that those persons engaging in activities causing violations of the Performance Standards cease those activities, unless the owner of the Deemed Approved Tobacco Use, or his employees or agents feels that their personal safety would be threatened in making that request.
iii. Making improvements to the use's property or operations, including but not limited to the installation of lighting sufficient to illuminate the area within the use's property line, the installation of security cameras, clear unobstructed windows, clean sidewalks, and graffiti abated within a reasonable time.

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11. The decision of the Hearing Officer shall be based upon all information received at the administrative hearing, including, but not limited to, information compiled by City staff, testimony from the owner of the Deemed Approved Tobacco Use, and the testimony of all other interested persons. Any conditions imposed by the Hearing Officer shall be a condition of the Deemed Approved Tobacco Use's continued operation. Any condition imposed by the Hearing Officer shall not be considered a suspension, revocation, or withdrawal of a Deemed Approved Tobacco Use's use permit.

12. All determinations, decisions, and conditions made or imposed under this Section regarding the use of a Deemed Approved Tobacco Use shall run with the land.

L. Illegal Use.

A Deemed Approved Tobacco Use, that has been finally revoked shall lose its Deemed Approved Tobacco Use Status and shall no longer be considered a legal use of the building, structure, site, or portion thereof, and shall cease operation immediately.

Secs. 90-67 62—90-70. Reserved.

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.

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(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. (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)

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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:
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.

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(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. 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:

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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. 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.

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(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.
(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:

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(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.
(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.

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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.
(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.

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a. Small birds—
parakeets,
finches, love
birds and
similar size
birds
Per zone 20 3. Birds
(Household)
b. Large birds—
macaws,
parrots,
mynahs and
similar size
birds
All
residential
Per zone 5
All birds must be confined.

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)

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12. Turkeys,
geese, ducks,
peacocks,
pigeons,
emu, and
other
domesticated
birds
R-R, A-1,
A-2
1 acre 6 No poultry or any pen, coop,
stable 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.
(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.

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(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. (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)

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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.
(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.

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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. 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.

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(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.
(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

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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.
(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 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 three-foot clearance from adjacent parking spaces. (5) A minimum three-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 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.

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(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 California 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. (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.

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(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. (h)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 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. 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.

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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.
(4) Food trays or carts may not be stored in parklets.
(5) The parklet area shall be kept in a safe condition at 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.

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(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 ob jects 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 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.
(Ord. No. 1993, § 1, 3-8-22)
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]

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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;
(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.

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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. (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.

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(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) (h)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:
(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)

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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. 90-8180. 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:
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)

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Sec. 90-82 81. 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. (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

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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.
(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.