12.C
Created: 2022-07-21 11:23:23 [EST]
(Supp. No. 65, Update 2)
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.
12.C
Created: 2022-07-21 11:23:23 [EST]
(Supp. No. 65, Update 2)
C. This Division is 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
12.C
Created: 2022-07-21 11:23:23 [EST]
(Supp. No. 65, Update 2)
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.
12.C
Created: 2022-07-21 11:23:23 [EST]
(Supp. No. 65, Update 2)
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.
12.C
Created: 2022-07-21 11:23:23 [EST]
(Supp. No. 65, Update 2)
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.
12.C
Created: 2022-07-21 11:23:23 [EST]
(Supp. No. 65, Update 2)
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.
12.C
Created: 2022-07-21 11:23:23 [EST]
(Supp. No. 65, Update 2)
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
12.C
Created: 2022-07-21 11:23:23 [EST]
(Supp. No. 65, Update 2)
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.
12.C
Created: 2022-07-21 11:23:23 [EST]
(Supp. No. 65, Update 2)
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
12.C
Created: 2022-07-21 11:23:23 [EST]
(Supp. No. 65, Update 2)
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
12.C
Created: 2022-07-21 11:23:23 [EST]
(Supp. No. 65, Update 2)
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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Created: 2022-07-21 11:23:23 [EST]
(Supp. No. 65, Update 2)
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.
12.C
Created: 2022-07-21 11:23:23 [EST]
(Supp. No. 65, Update 2)
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.
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(2) Metal storage containers shall be concealed from view from the public right-of-way and adjacent land uses to the extent possible through placement on the site behind the primary building, or appropriate screening by walls, fences or landscaping.
(3) The color of the metal storage container shall be painted a neutral color or match or complement the main building color. The container shall blend in with the surrounding area and buildings to limit its appearance as much as possible.
(4) Metal storage containers shall not contain advertising, logos, or signage for the business, or other text that calls attention to the container.
(5) Metal storage containers shall not be placed in any required parking spaces or drive aisles, and shall maintain a clear travel area for fire department and emergency access at all times. (6) A MSC shall not be placed in any location that interferes with the on-site drainage system, circulation, safety, or the operations of the uses on the site.
(7) A MSC shall not obstruct access to any building or block the visibility triangle of any roadway or driveway approach.
(8) In no case shall the container be placed within 25 feet of the front property line or visible from the primary street frontage. Where the property line of the business abuts a residential zone, the container must be setback a minimum of ten feet at the adjoining property line and screened from view. In all other cases, the setback requirements of the underlying zone shall apply, and no container shall be placed in the required front or side yard setback, or required landscape area. (9) A site shall be limited to one metal storage container unless unique conditions are demonstrated to the satisfaction of the director at the time of permit.
(10) If hazardous materials or chemicals are proposed to be stored in the container, a separate approval is required by the fire department. A list of any hazardous materials pursuant to fire and building codes shall be posted on the container at all times.
(11) The container is prohibited from being used for any human or animal habitation. (12) Containers are allowed to have electrical connections for the purpose of providing interior lighting and/or refrigeration to the storage unit.
(13) Other conditions to mitigate potential land use impacts and public safety concerns may be required at the time of permit issuance on a case-by-case basis.
(h)Determination of hardship.
(1) Businesses that cannot meet all the established standards in subsection (g), but can meet the findings for hardship can request a "hardship determination" by the community development director as part of MSCP application review. The hardship determination is intended to assist businesses in existing buildings constructed prior to the effective date of the ordinance, and is generally not intended for new development.
(2) To be granted a hardship determination for one or more of the standards in subsection (g), the following findings must be demonstrated by the applicant and approved by the director:
a. There are unique physical circumstances applicable to the subject land, including size, shape, topography, location or surroundings; and
b. The strict application of the provisions of this section deprives the property of the right to use the land in a manner enjoyed by other conforming property in the vicinity; and
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3. The approval of a hardship determination does not constitute a grant of special privileges which other conforming properties in the vicinity do not enjoy. (i)Denial of a metal storage container permit. The director may deny issuance of a metal storage permit for one or more of the following reasons:
(1) The placement and use of the metal storage container is incompatible with or would adversely affect adjacent uses, buildings, or the natural environment.
(2) The placement and use of the metal storage container would jeopardize, endanger, or otherwise hinder the public convenience, health, safety, or general welfare. (3) The proposed site is inadequate in size or shape to accommodate the metal storage container. (4) Provisions for vehicular access and circulation, off-street parking, pedestrian safety, and/or operational considerations are inadequate to accommodate the metal storage container. (5) The proposed storage container does not meet the required standards in subsection (g) and has otherwise not been granted a hardship determination.
(j)Appeals. Any decision of the director may be appealed by an interested party to the planning commission as prescribed in section 90-43.6. of the Municipal Code.
(Ord. No. 1909 , § 1(Exh. A), 1-12-16)
Sec. 90-83 82. Detention facility.
(a)Definitions.
Community detention facility for unaccompanied minors. A facility operated by a private or nongovernmental person or entity to house unaccompanied, undocumented minors in the custody of the federal, state, or county government.
Private detention center. A facility operated by a private or nongovernmental person or entity where persons are incarcerated or otherwise involuntarily confined for purposes of execution of a punitive sentence imposed by a court, or detention pending a trial, hearing, or other judicial or administrative proceeding, except:
(1) A private detention center shall not include any facility described in Penal Code § 9502. (2) However, a private detention center shall include a facility described in Penal Code § 9502(d), if that facility is used to house persons in the custody of the federal, state, or county government. (b)Prohibition. Private detention centers and community detention facilities for unaccompanied minors are prohibited in all zoning districts of the city.
(Ord. No. 1969(2020-008), § 1, 5-12-20; Ord. No. 1972, § 2, 2-9-21) Secs. 90-84 83—90-89. Reserved.
Sec. 90-90. Alcohol sales.
(a)Purpose. The purpose of this section is to establish standards for businesses engaged in the sale of alcoholic beverages to protect the health, safety, and general welfare of the residents of the city. This section
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regulates businesses engaged in the sale of alcoholic beverages to ensure compatibility of such uses with surrounding uses and properties and to avoid impacts associated with such uses. (b)Definitions.
ABC or California Department of Alcoholic Beverage Control means the department of the State of California empowered to act pursuant to article 20, section 22, of the California Constitution and authorized to administer the provisions of the Alcoholic Beverages Control Act.
Alcoholic beverage means alcohol, spirits, wine, beer, liquor, and any solid or liquid containing alcohol, spirits, wine, or beer, that contains one-half of one percent or more of alcohol by volume and that is fit for beverage purposes either alone or when diluted, mixed or combined with other substances, the sale of which requires an ABC license.
Director means the community development director.
Off-sale means the sale of alcoholic beverages for off-site consumption.
On-sale means the sale of alcoholic beverages for consumption on-site.
PCN determination means a determination made upon ABC request that the public convenience or necessity would or would not be served by the issuance of a proposed ABC license. (c)Permit required. Except as provided in subsection (e) of this section, any use that proposes to engage in the on-sale or off-sale of alcoholic beverages must first obtain a conditional use permit as provided in this section. In addition, a conditional use permit or modification to an existing conditional use permit shall be required for the following:
(1) Any change in the type of an existing ABC license (e.g., an upgrade from beer and wine to sale of spirits, etc.), including changes in hours of operation or addition of live entertainment. (2) A premises-to-premises transfer of an existing ABC license. (3) Any ABC licensed establishment that has its license revoked, suspended, or surrenders its license to ABC or discontinues use of the license for 30 days or has its conditional use permit revoked or vacates the property shall obtain a new conditional use permit before reestablishing the use. (d)Conflicting provisions. In the event that the type of permit required for a proposed use under this section differs from the type of permit required by any other provision of this chapter, the more restrictive permit requirement shall apply.
(e)Exemptions.
(1) The following uses are not subject to the permit requirement in subsection (c) of this section:
a. Restaurants that have been licensed by ABC as a bona fide eating place and are in compliance with the terms and conditions of their license.
b. Grocery stores with at least 25,000 square feet of floor area that devote less than five percent of their floor area to the off-sale of alcoholic beverages. c. Florist and gift shops that include the incidental sale of wine with gift baskets or floral arrangements.
d. Retail or wholesale stores with at least 30,000 square feet of floor area that devote less than five percent of their floor area to the off-sale of alcoholic beverages. e. Temporary uses that have obtained a special event permit from the city pursuant to section 90-
73.
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(2) Nothing in this subsection (e) shall be construed as exempting any use from any other permit requirement established in any other section of this Code. (3) This section does not apply to any activity that is not required to be licensed under the California Alcoholic Beverage Control Act.
(f)Findings. In addition to the findings applicable to conditional use permits under section 90-42 et seq., the decision-making body shall make the following supplemental findings before approving a conditional use permit for a use that engages in the on-sale or off-sale of alcoholic beverages:
(1) The use complies with all of the following separation requirements. Notwithstanding the foregoing, the decision-making body may issue a conditional use permit to a use that does not comply with one or more of the following separation standards if it finds that unique circumstances exist that justify noncompliance with the separation standards:
a. The use is located at least 600 feet, as measured from property line to property line, from any existing public or private schools (K through 12), public parks, or places of worship; b. The use is located at least 100 feet, as measured from property line to property line, from existing residential uses or land that is zoned for residential uses. c. The use is located at least 1,000 feet, as measured from property line to property line, from existing parolee-probationer homes, emergency shelters, supportive housing, or transitional housing.
(2) The use is fully visible from a public street with an unobstructed view from the public street for public safety.
(3) The proposed use will not be detrimental to surrounding properties and neighborhoods, including ensuring that the use does not contribute to loitering, public drunkenness, noise, obstructing pedestrian and vehicular traffic, parking, crime, interference with pedestrian corridors used by children, defacement and damage to structures.
(4) The proposed use will not adversely impact the suitability of adjacent commercially zoned properties for commercial uses.
(g)Standards. The following standards shall apply to all uses engaging in the on-sale or off-sale of alcoholic beverages, including without limitation uses in existence prior to the effective date of the ordinance from which this section derives and uses that are listed in subsection (e)(1) as exempt from the conditional use permit requirement:
(1)Public consumption. If the use engages in the off-sale of alcohol but not the on-sale of alcohol, the owner or operator shall post a sign to indicate that it is unlawful for a person to consume alcoholic beverages in a public place or where posted.
(2)Open containers. The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around the premises. (3)Loitering. Loitering is prohibited on or around the premises of any use engaging in the dispensing or sale of alcoholic beverages, and it shall be the responsibility of the owner of any such establishment to post "No Loitering" signs and actively enforce measures that preclude loitering. (4)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.
(5)Security/surveillance. Surveillance cameras and equipment shall be installed to record all purchases and attempted purchases of alcoholic beverages in accordance with the specifications provided by the
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Created: 2022-07-21 11:23:23 [EST]
(Supp. No. 65, Update 2)
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.
(h)Public convenience or necessity.
(1) When ABC requests that the city make a determination whether the public convenience or necessity (PCN) would be served by the issuance of a proposed ABC license, the provisions of this subsection (h) shall govern.
(2) A PCN determination shall be made by the planning commission if the proposed use would require a conditional use permit under this section. If ABC requests a PCN determination for a use that is exempt from the permit requirement of this section, the director shall make the PCN determination. The director or the planning commission may consult with the chief of police in making its determination. A noticed public hearing is not required for a PCN determination. (3) A PCN determination shall be based on the following findings:
a. The public convenience would be served by the establishment of the proposed use. b. The proposed use is not anticipated to be a source of nuisance behavior associated with the excessive consumption of alcoholic beverages, or the exposure of alcoholic beverages to minors. c. The proposed use would not be detrimental to the public health, safety or welfare. d. The proposed use would not increase the severity of existing law enforcement or public nuisance problems in the surrounding area.
e. The proposed use is consistent with the objectives, policies, general land uses, and programs of the general plan and any applicable specific plan, this section and any applicable zoning regulations contained in this chapter.
(Ord. No. 1858, § 1(Exh. A), 1-22-13)
Section 90-91. Tobacco Sales
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(Supp. No. 65, Update 2)
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 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.
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.
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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 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 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.
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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 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.
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
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(Supp. No. 65, Update 2)
comply with one or more of the following separation standards if it finds that unique circumstances exist that justify noncompliance with the separation standards:
a. The use is located at least 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, 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.
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Created: 2022-07-21 11:23:23 [EST]
(Supp. No. 65, Update 2)
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 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 90-61 related to Deemed Approved Tobacco businesses.
Secs. 90-91 92—90-99. Reserved.
Sec. 90-100. Homemade food operator permit.
(a)Purpose. Pursuant to Government Code § 51035(a), the city must allow cottage food operations in residential dwellings, but can impose reasonable standards on cottage food operations to minimize potential effects on surrounding residences. The purpose of this section is to establish reasonable standards for cottage food operations as allowed by state law.
(b)Definitions. The following definitions shall apply unless subsequently amended under the Health and Safety Code of the State of California
Cottage food operation or homemade food operation means an enterprise that is operated by a cottage food operator, and has not more than one full-time equivalent cottage food employee, not including a family member or household member of the cottage food operator, within the registered or permitted area of a private home where the cottage food operator resides and where cottage food products are prepared or packaged for direct, indirect, or direct and indirect sale to consumers. A cottage food operation includes both of the following:
(a)Class A or direct sales cottage food operation is a cottage food operation that may engage only in direct sales of cottage food products from the cottage food operation or other direct sales venues described in Health and Safety Code § 113758(b)(4).
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(Supp. No. 65, Update 2)
(b)Class B or indirect sales cottage food operation means a cottage food operation that may engage in both direct sales and indirect sales of cottage food products from the cottage food operation, from direct sales venues described in paragraph (4) of subdivision (b), from offsite events, or from a third- party retail food facility described in Health and Safety Code § 113758(b)(5).
Cottage food operator or homemade food operator means an individual who operates a cottage food operation in his or her private home and is the owner of the cottage food operation.
Cottage food product or homemade food product means non-perishable foods not requiring refrigeration, including foods that are identified by the Health Department as cottage foods, and that are prepared for sale in the kitchen of a cottage food operation.
Health department means the Riverside County Department of Environmental Health.
Private home means a dwelling, including an apartment or other leased space, where individuals reside.
Registered or permitted area means the portion of a private home that contains the private home's kitchen used for the preparation, packaging, storage, or handling of cottage food products and related ingredients or equipment, or both, and attached rooms within the home that are used exclusively for storage. (c)Permit and business license required. An individual may conduct a homemade food operation in a private home provided he/she obtains a business license in conformance with chapter 18 of the Hemet Municipal Code and a homemade food operator permit from the director. If a business license for a homemade food operator is not renewed, the homemade food operator permit shall automatically expire with the business license. A fee for the processing of a homemade food operator permit may be established from time to time by resolution of the city council.
(d)Application for permit. Applications for homemade food operator permits must be submitted to the director on a form prescribed by the city. The application shall include the following information and documentation:
(1) The name, address, telephone number, and e-mail address of the proposed homemade food operator and description of the property on which the homemade food operation is to be located, including the registered or permitted area of the homemade food operation. The proposed homemade food operator must reside at the site of the homemade food operation. (2) A statement of whether the proposed homemade food operator owns the property on which the homemade food operation is to be located or is a tenant or lessee at the property. If the proposed homemade food operator is not an owner of the property, the application must include the property owner's written consent to the application and the proposed homemade food operation. (3) A description of the homemade food products to be produced by the proposed homemade food operation, all of which must be consistent with the list of approved cottage food products posted on the health department website which may be amended from time to time. (4) A statement of whether the proposed homemade food operation will involve direct sales and/or indirect sales, as those terms are defined by this chapter, and whether there will be direct sales to customers at the site of the proposed homemade food operation. (e)Issuance of permit. Upon receipt of a completed homemade food operator permit application, applicable fee, and confirmation that the application contains truthful information and the applicant has or will comply with the requirements of this section, the director shall issue a homemade food operator permit subject to the standards and conditions set forth in subsection (i) of this section. The applicant must agree in writing to comply with such standards and conditions. The homemade food operator permit is non-transferable and shall be valid for one year upon issuance. In order to renew a homemade food operator permit, a homemade food operator must submit a completed application on a city-approved form to the director. The renewal application must be submitted no later than 30 days prior to the expiration date of the existing homemade food operator permit.
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Created: 2022-07-21 11:23:23 [EST]
(Supp. No. 65, Update 2)
(f)Coordination with health department. Upon approval of a city-issued homemade food operator permit, the city shall provide a copy of the homemade food operator permit to the health department via United States Postal Service first class mail, facsimile, email, or other method prescribed by the health department within 14 days of the issuance of the permit.
(g)Annual renewal fee required. An annual fee for the renewal of a homemade food operator permit shall be established by resolution of the city council. The purpose of the renewal fee is to recover the cost of staff time to confirm the applicant's compliance with permitting and licensing requirements of the health department and to determine whether or not the operator remains in compliance with city standards for the zone in which the homemade food operation is located.
(h)Limitations on homemade food operation permit. A maximum of one homemade food operation permit shall be deemed active and approved at any time for each private home. If more than one permit has been issued for the same private home, only the most recently approved application shall be deemed to be active. All other prior applications shall be deemed void. Such limitation shall not preclude a resident from also obtaining a home occupation permit pursuant to section 90-72, for a non-food-related home-based business. (i)Conditions. The following conditions shall be observed at all times by the holder of a homemade food operator permit:
(1) A homemade food operation shall comply with all permitting and licensing requirements of the health department and shall obtain certification from the health department prior to, or within 14 days of, the issuance of a homemade food operator permit.
(2) Signs or advertising shall not be displayed on the premises except for signage permitted under section 90-1250(2).
(3) The homemade food operation shall not have more than one full-time equivalent employee, not including a family member or household member of the homemade food operator, within the registered or permitted area of a private home where the homemade food operator resides and where homemade food products are prepared and packaged.
(4) The homemade food operation, including the storage of inventory, supplies, and equipment, shall be conducted wholly within the registered or permitted area of a private home. (5) Displays or sales activity of any kind shall not be visible from the exterior of the premises. (6) On-site direct sales of homemade food products are permissible only between the hours of 8:00 a.m. and 6:00 p.m., Monday through Sunday. There cannot be more than two homemade food product customers on the premises of a homemade food operation at any single time. All sales shall be conducted indoors.
(7) Homemade food operators may load cottage food products into a vehicle outside of an enclosed garage only between the hours of 8:00 a.m. and 6:00 p.m., Monday through Sunday. Vehicles shall not idle while being loaded with homemade food products.
(8) A maximum of one vehicle not larger than 10,000 pounds gross vehicle weight rating, used in conjunction with a homemade food operation, shall be parked on the driveway or in a garage space of the homemade food operation site. No commercial vehicle owned, leased, or otherwise operated for the specific use of the homemade food operator shall be parked in the street. (9) A homemade food operation shall comply with all applicable noise regulations for the zone in which it is located.
(j)Grounds for revocation of permit. Any homemade food operator permit may be revoked by the director upon violation of any requirements of this chapter, upon notification by the health department that the Class A or the Class B permit has been revoked, or upon failure to comply with any of the conditions or limitations of
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(Supp. No. 65, Update 2)
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.
(k)Appeal revocation of permit. A decision of the director may be appealed to the planning commission as prescribed in section 90-43.6.
(i)Enforcement. Every person who violates any provision of this section shall be guilty of a misdemeanor and shall be subject to the penalties as set forth in section 1-8. Each day that such violation exists shall be deemed a new and separate offense. Neither the arrest, prosecution, conviction, imprisonment, or payment of any fine for the violation of this section shall satisfy or diminish the authority of the city to institute administrative or civil actions seeking enforcement of any or all of the provisions of this section. (Ord. No. 1861, § 1(Exh. A), 4-23-13)
12.C
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Mar 14 2023
Department: City Council
Submitted by: Mark Prestwich, City Manager
Martha Martinez, Management Analyst;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, Accepting the 2022/23 Grant Funding of $48,433.70 From the California Board of State & Community Corrections (BSCC) and Authorizing the Finance Department to Establish an Expenditure Account and Budget for the Grant Performance Period
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Accepting the 2022/23 Grant Funding of $48,433.70 From the California Board of State & Community Corrections and Authorizing the Finance Department to Establish an Expenditure Account and Budget for the Grant Performance Period.
BACKGROUND:
The California BSCC Officer Wellness and Mental Health Grant Program was established in the 2022 Budget Act (Assembly Bill 178, Chapter 45, Statutes of 2022, Item 5227 -121-0001) to provide $50 million for city and county law enforcement agencies to improve officer wellness and expand mental health resources. Allocation of funds was determined by the number of officers described in Penal Code section 830.1.
ANALYSIS:
The Hemet Police Department has been allocated $48,443.70 and the California BSCC Officer Wellness and Mental Health Grant Program determined funds may be used for any of the following purposes:
a. Establishing officer wellness units or expanding existing officer wellness units. b. Establishing peer support units or expanding existing peer support units. c. Services provided by a licensed mental health professional, counselor, or other professional that works with law enforcement.
d. Expanding multiagency mutual aid programs focused on officer wellness and mental health.
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e. Other programs and services that are evidence -based or have a successful track record of enhancing officer wellness.
The Hemet Police Departm ent is currently identifying the best use for these funds. An expenditure report and a description of the impact of the resources will be submitted to California BSCC on or before December 1, 2025, as required by the Board.
STRATEGIC PLAN INTEGRATION:
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 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
Objective 4: Increase employee retention by training and creating a positive workplace.
FISCAL IMPACT:
The California BSCC Officer Wellness and Mental Health Grant Program in the amount of $48,443.70 is a one-time grant allocation, and no match is required; therefore, there is no impact to the City General Fund.
ATTACHMENT(S):
Attachment 1: Resolution BSCC $48,443.70
Attachment 2: BSCC-Officer-Wellness-Grant-memo
Attachment 3: BSCC-Distribution-Officer-Wellness-2022-post
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CITY COUNCIL RESOLUTION NO. 2023-xxx
CITY OF HEMET
Hemet, California
RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HEMET, CALIFORNIA, ACCEPTING
2022/23 GRANT FUNDING OF $48,443.70 FROM
THE CALIFORNIA BOARD OF STATE &
COMMUNITY CORRECTIONS AND AUTHORIZING
THE FINANCE DEPARTMENT TO ESTABLISH AN
EXPENDITURE ACCOUNT AND BUDGET FOR THE
GRANT PERFORMANCE PERIOD
WHEREAS, the California Board of State & Community
Corrections provided notice of a grant award in the amount of $48,443.70 in accordance with the 2022 Budget Act, Assembly Bill 178, Chapter 45, Statures of 2022, Item 5227-121-0001. This Officer Wellness grant is for the purpose of improving officer wellness and expanding mental health sources.
WHEREAS, the Hemet Police Department will identify the
best use for the funds in accordance with the California Board of State & Community Corrections guidelines and requirements.
WHEREAS, the City Council has determined that it is
necessary for the efficient management and implementation of the program in the Police Department, that the Grant funds be appropriated to the Police Department budget.
NOW, THEREFORE, the City Council of the City of Hemet
does hereby find and resolve:
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CITY COUNCIL RESOLUTION NO. 2023-xxx
1. Accept the 2022/23 2022-23 Officer
Wellness and Mental Health Grant from the California Board of State & Community Corrections in the amount of $48,443.70.
2. Upon receipt of the award, authorize the
Finance Department to establish an expenditure account and budget for the grant performance period.
3. The City Manager or his designees are
further authorized and directed to take such other actions as the City Manager deems necessary and proper to effectuate the purposes of this Resolution, and any actions previously taken are hereby ratified.
PASSED, APPROVED, AND ADOPTED this ___ day of
____________, 2023.
____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Maier, City Clerk
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CITY COUNCIL RESOLUTION NO. 2023-xxx
State of California )
County of Riverside )
City of Hemet )
I, John Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the _____ day of ____________, 2023, and was passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_________________________________
John Maier, City Clerk
12.D
12.D
DATE: December 21, 2022
TO: Police Chiefs and Sheriffs
FROM: Linda Penner, Chair
SUBJECT: OFFICER WELLNESS AND MENTAL HEALTH GRANT AWARD
I am pleased to let you know that the BSCC has begun processing the Officer Wellness and Mental Health grants, which were included in the Budget Act of 2022. All eligible law enforcement agencies will receive their payment by February 15, 2023. This memorandum provides further information about the purposes of the grant, and requests your assistance in identifying the person in your agency who will be responsible for required data reporting.
This disbursement is being made in accordance with Assembly Bill 178, Chapter 45, Statutes of 2022, Item 5227-121-0001. This funding is available to all city and county law enforcement agencies employing officers described in Section 830.1 of the Penal Code. The Officer Wellness grant is for the purpose of improving officer wellness and expanding mental health sources as follows:
1. Establishing officer wellness units or expanding existing officer wellness units.
2. Establishing peer support units or expanding peer support units.
3. Services provided by a licensed mental health professional, counselor, or other professional that works with law enforcement.
4. Expanding multiagency mutual aid programs focused on officer wellness and mental health.
5. Other programs or services that are evidence based or have a successful track record of enhancing officer wellness.
For further information about this funding and to identify the amount of funding allocated to your agency, please visit the Board of State and Community Corrections’ webpage for the Officer Wellness and Mental Health Grant available at https://www.bscc.ca.gov/officer-wellness-and-mental-health-grant-program/.
Provision 2 of the Budget Act requires each grant recipient to submit an expenditure report and a final impact report no later than December 1, 2025. Additionally, grant recipients will submit a brief annual expenditure report. Reports will be provided to the Commission on Peace Officer Standards and Training (POST). Detailed information regarding reporting requirements and reporting requirement webinars will be sent out in early 2023.
12.D
Officer Wellness & Mental Health Grant Recipients
Please send the name and email address of the individual(s) within your agency who will be responsible for the implementation and reporting requirements for this grant to [email protected] by February 28, 2023 so they may receive additional information regarding detailed reporting requirements, webinars, and deadlines.
If you have any questions regarding this funding distribution, please email [email protected] and a BSCC staff member will respond.
Sincerely,
LINDA PENNER
Chair
Board of State & Community Corrections
12.D
COUNTY AGENCY NAME AWARD AMOUNT
ALAMEDA COUNTY ALAMEDA CO SD/CORONER 709,103.49$
ALAMEDA COUNTY ALAMEDA PD 47,741.62$
ALAMEDA COUNTY ALBANY PD 20,000.00$
ALAMEDA COUNTY BAY AREA RAPID TRANSIT PD 145,331.11$
ALAMEDA COUNTY BERKELEY PD 106,014.48$
ALAMEDA COUNTY EAST BAY REG PARK DPS 37,912.46$
ALAMEDA COUNTY EMERYVILLE PD 28,000.00$
ALAMEDA COUNTY FREMONT PD 117,949.89$
ALAMEDA COUNTY HAYWARD PD 113,737.39$
ALAMEDA COUNTY LIVERMORE PD 63,187.44$
ALAMEDA COUNTY NEWARK PD 34,402.05$
ALAMEDA COUNTY OAKLAND PD 483,032.87$
ALAMEDA COUNTY PIEDMONT PD 15,000.00$
ALAMEDA COUNTY PLEASANTON PD 54,762.45$
ALAMEDA COUNTY SAN LEANDRO PD 49,847.87$
ALAMEDA COUNTY UNION CITY PD 47,039.54$
ALPINE COUNTY ALPINE CO SO 15,000.00$
AMADOR COUNTY AMADOR CO SO/CORONER 32,997.89$
AMADOR COUNTY IONE PD 15,000.00$
AMADOR COUNTY JACKSON PD 15,000.00$
AMADOR COUNTY SUTTER CREEK PD 15,000.00$
BUTTE COUNTY BUTTE CO SO/CORONER 122,162.38$
BUTTE COUNTY CHICO PD 65,293.69$
BUTTE COUNTY GRIDLEY PD 15,000.00$
BUTTE COUNTY OROVILLE PD 15,000.00$
BUTTE COUNTY PARADISE PD 15,000.00$
CALAVERAS COUNTY ANGELS CAMP PD 15,000.00$
CALAVERAS COUNTY CALAVERAS CO SD 40,018.71$
COLUSA COUNTY COLUSA COUNTY SD 25,000.00$
COLUSA COUNTY COLUSA PD 15,000.00$
COLUSA COUNTY WILLIAMS PD 15,000.00$
CONTRA COSTA COUNTY ANTIOCH PD 77,229.09$
CONTRA COSTA COUNTY BRENTWOOD PD 46,337.46$
CONTRA COSTA COUNTY CLAYTON PD 15,000.00$
CONTRA COSTA COUNTY CONCORD PD 93,376.99$
CONTRA COSTA COUNTY CONTRA COSTA CO SO/CORONER 435,993.33$ CONTRA COSTA COUNTY EL CERRITO PD 25,000.00$
CONTRA COSTA COUNTY HERCULES PD 20,000.00$
CONTRA COSTA COUNTY KENSINGTON PD 15,000.00$
CONTRA COSTA COUNTY MARTINEZ PD 28,000.00$
CONTRA COSTA COUNTY MORAGA PD 15,000.00$
CONTRA COSTA COUNTY OAKLEY PD 28,000.00$
CONTRA COSTA COUNTY PINOLE PD 20,000.00$
CONTRA COSTA COUNTY PITTSBURG PD 62,485.36$
CONTRA COSTA COUNTY PLEASANT HILL PD 30,891.64$
CONTRA COSTA COUNTY RICHMOND PD 83,547.84$
CONTRA COSTA COUNTY SAN PABLO PD 37,912.46$
CONTRA COSTA COUNTY SAN RAMON PD 46,337.46$
CONTRA COSTA COUNTY WALNUT CREEK PD 51,252.03$
Officer Wellness and Mental Health Grant Program
Funding Distribution Schedule
December 12, 2022 1Page 9 of 16
12.D
COUNTY AGENCY NAME AWARD AMOUNT
DEL NORTE COUNTY CRESCENT CITY PD 15,000.00$
DEL NORTE COUNTY DEL NORTE COUNTY SO 15,000.00$
EL DORADO COUNTY EL DORADO CO SO 117,247.80$
EL DORADO COUNTY PLACERVILLE PD 15,000.00$
EL DORADO COUNTY SOUTH LAKE TAHOE PD 28,000.00$
FRESNO COUNTY CLOVIS PD 73,718.68$
FRESNO COUNTY COALINGA PD 15,000.00$
FRESNO COUNTY FIREBAUGH PD 15,000.00$
FRESNO COUNTY FOWLER PD 15,000.00$
FRESNO COUNTY FRESNO CO SO 288,555.97$
FRESNO COUNTY FRESNO PD 557,453.63$
FRESNO COUNTY HURON PD 15,000.00$
FRESNO COUNTY KERMAN PD 25,000.00$
FRESNO COUNTY KINGSBURG PD 20,000.00$
FRESNO COUNTY MENDOTA PD 15,000.00$
FRESNO COUNTY ORANGE COVE PD 15,000.00$
FRESNO COUNTY PARLIER PD 15,000.00$
FRESNO COUNTY REEDLEY PD 25,000.00$
FRESNO COUNTY SANGER PD 28,000.00$
FRESNO COUNTY SELMA PD 28,000.00$
GLENN COUNTY GLENN CO SO/CORONER 30,891.64$
GLENN COUNTY ORLAND PD 15,000.00$
HUMBOLDT COUNTY ARCATA PD 20,000.00$
HUMBOLDT COUNTY EUREKA PD 28,000.00$
HUMBOLDT COUNTY FERNDALE PD 15,000.00$
HUMBOLDT COUNTY FORTUNA PD 15,000.00$
HUMBOLDT COUNTY HUMBOLDT CO SO 128,481.13$
HUMBOLDT COUNTY RIO DELL PD 15,000.00$
IMPERIAL COUNTY BRAWLEY PD 20,000.00$
IMPERIAL COUNTY CALEXICO PD 20,000.00$
IMPERIAL COUNTY CALIPATRIA PD 15,000.00$
IMPERIAL COUNTY EL CENTRO PD 28,083.31$
IMPERIAL COUNTY IMPERIAL CO SO 63,187.44$
IMPERIAL COUNTY IMPERIAL PD 15,000.00$
IMPERIAL COUNTY WESTMORLAND PD 15,000.00$
INYO COUNTY BISHOP PD 15,000.00$
INYO COUNTY INYO COUNTY SO 28,000.00$
KERN COUNTY ARVIN PD 15,000.00$
KERN COUNTY BAKERSFIELD PD 305,405.96$
KERN COUNTY BEAR VALLEY PD 15,000.00$
KERN COUNTY CALIFORNIA CITY PD 15,000.00$
KERN COUNTY DELANO PD 33,699.97$
KERN COUNTY KERN COUNTY SO 501,989.10$
KERN COUNTY MCFARLAND PD 15,000.00$
KERN COUNTY RIDGECREST PD 25,000.00$
KERN COUNTY SHAFTER PD 25,000.00$
KERN COUNTY STALLION SPRINGS PD 15,000.00$
KERN COUNTY TAFT PD 15,000.00$
KERN COUNTY TEHACHAPI PD 15,000.00$
KINGS COUNTY AVENAL PD 15,000.00$
KINGS COUNTY CORCORAN PD 15,000.00$
KINGS COUNTY HANFORD PD 42,827.04$
December 12, 2022 2Page 10 of 16
12.D
COUNTY AGENCY NAME AWARD AMOUNT
KINGS COUNTY KINGS CO SHERIFF'S OFFICE 136,204.04$
KINGS COUNTY LEMOORE PD 28,000.00$
LAKE COUNTY CLEARLAKE PD 20,000.00$
LAKE COUNTY LAKE CO SO 64,591.60$
LAKE COUNTY LAKEPORT PD 15,000.00$
LASSEN COUNTY LASSEN CO SO 38,614.55$
LASSEN COUNTY SUSANVILLE PD 15,000.00$
LOS ANGELES COUNTY ALHAMBRA PD 56,868.70$
LOS ANGELES COUNTY ARCADIA PD 45,635.37$
LOS ANGELES COUNTY AZUSA PD 36,508.30$
LOS ANGELES COUNTY BALDWIN PARK PD 40,720.79$
LOS ANGELES COUNTY BELL GARDENS PD 32,295.80$
LOS ANGELES COUNTY BELL PD 25,000.00$
LOS ANGELES COUNTY BEVERLY HILLS PD 94,781.16$
LOS ANGELES COUNTY BURBANK PD 103,908.23$
LOS ANGELES COUNTY CLAREMONT PD 28,000.00$
LOS ANGELES COUNTY COVINA PD 40,720.79$
LOS ANGELES COUNTY CULVER CITY PD 70,910.35$
LOS ANGELES COUNTY DOWNEY PD 80,037.42$
LOS ANGELES COUNTY EL MONTE PD 75,824.93$
LOS ANGELES COUNTY EL SEGUNDO PD 37,912.46$
LOS ANGELES COUNTY GARDENA PD 60,379.11$
LOS ANGELES COUNTY GLENDALE PD 162,883.18$
LOS ANGELES COUNTY GLENDORA PD 34,402.05$
LOS ANGELES COUNTY HAWTHORNE PD 64,591.60$
LOS ANGELES COUNTY HERMOSA BEACH PD 28,000.00$
LOS ANGELES COUNTY HUNTINGTON PARK PD 37,210.38$
LOS ANGELES COUNTY INGLEWOOD PD 120,056.14$
LOS ANGELES COUNTY IRWINDALE PD 25,000.00$
LOS ANGELES COUNTY LA VERNE PD 28,000.00$
LOS ANGELES COUNTY LONG BEACH PD 520,243.25$
LOS ANGELES COUNTY LOS ANGELES CO SD 6,548,325.00$
LOS ANGELES COUNTY LOS ANGELES PD 6,499,179.21$
LOS ANGELES COUNTY MANHATTAN BEACH PD 40,720.79$
LOS ANGELES COUNTY MONROVIA PD 32,295.80$
LOS ANGELES COUNTY MONTEBELLO PD 47,741.62$
LOS ANGELES COUNTY MONTEREY PARK PD 49,847.87$
LOS ANGELES COUNTY PALOS VERDES ESTATES PD 15,000.00$
LOS ANGELES COUNTY PASADENA PD 152,351.94$
LOS ANGELES COUNTY POMONA PD 105,312.40$
LOS ANGELES COUNTY REDONDO BEACH PD 63,187.44$
LOS ANGELES COUNTY SAN FERNANDO PD 25,000.00$
LOS ANGELES COUNTY SAN GABRIEL PD 32,997.89$
LOS ANGELES COUNTY SAN MARINO PD 25,000.00$
LOS ANGELES COUNTY SANTA MONICA PD 141,118.62$
LOS ANGELES COUNTY SIERRA MADRE PD 15,000.00$
LOS ANGELES COUNTY SIGNAL HILL PD 28,000.00$
LOS ANGELES COUNTY SOUTH GATE PD 51,954.12$
LOS ANGELES COUNTY SOUTH PASADENA PD 28,000.00$
LOS ANGELES COUNTY TORRANCE PD 141,820.70$
LOS ANGELES COUNTY VERNON PD 30,189.55$
LOS ANGELES COUNTY WEST COVINA PD 65,293.69$
December 12, 2022 3Page 11 of 16
12.D
COUNTY AGENCY NAME AWARD AMOUNT
LOS ANGELES COUNTY WHITTIER PD 87,058.25$
MADERA COUNTY CHOWCHILLA PD 20,000.00$
MADERA COUNTY MADERA CO SO 75,122.84$
MADERA COUNTY MADERA PD 40,720.79$
MARIN COUNTY BELVEDERE PD 15,000.00$
MARIN COUNTY CENTRAL MARIN POLICE AUTHORITY 28,000.00$
MARIN COUNTY FAIRFAX PD 15,000.00$
MARIN COUNTY MARIN CO SO 132,693.62$
MARIN COUNTY MILL VALLEY PD 20,000.00$
MARIN COUNTY NOVATO PD 39,316.63$
MARIN COUNTY ROSS PD 15,000.00$
MARIN COUNTY SAN RAFAEL PD 44,933.29$
MARIN COUNTY SAUSALITO PD 15,000.00$
MARIN COUNTY TIBURON PD 15,000.00$
MARIPOSA COUNTY MARIPOSA CO SO 44,231.21$
MENDOCINO COUNTY FORT BRAGG PD 15,000.00$
MENDOCINO COUNTY MENDOCINO CO SO 75,824.93$
MENDOCINO COUNTY UKIAH PD 20,000.00$
MENDOCINO COUNTY WILLITS PD 15,000.00$
MERCED COUNTY ATWATER PD 20,000.00$
MERCED COUNTY DOS PALOS PD 15,000.00$
MERCED COUNTY GUSTINE PD 15,000.00$
MERCED COUNTY LIVINGSTON PD 15,000.00$
MERCED COUNTY LOS BANOS PD 30,189.55$
MERCED COUNTY MERCED CO SO 84,249.92$
MERCED COUNTY MERCED PD 65,995.77$
MODOC COUNTY ALTURAS PD 15,000.00$
MODOC COUNTY MODOC CO SO 15,000.00$
MONO COUNTY MAMMOTH LAKES PD 15,000.00$
MONO COUNTY MONO CO SD 20,000.00$
MONTEREY COUNTY CARMEL PD 15,000.00$
MONTEREY COUNTY DEL REY OAKS PD 15,000.00$
MONTEREY COUNTY GONZALES PD 15,000.00$
MONTEREY COUNTY GREENFIELD PD 20,000.00$
MONTEREY COUNTY KING CITY PD 15,000.00$
MONTEREY COUNTY MARINA PD 25,000.00$
MONTEREY COUNTY MONTEREY CO SHERIFF'S OFFICE 196,583.15$ MONTEREY COUNTY MONTEREY PD 32,997.89$
MONTEREY COUNTY PACIFIC GROVE PD 20,000.00$
MONTEREY COUNTY SALINAS PD 96,887.41$
MONTEREY COUNTY SAND CITY PD 15,000.00$
MONTEREY COUNTY SEASIDE PD 25,000.00$
MONTEREY COUNTY SOLEDAD PD 15,000.00$
NAPA COUNTY CALISTOGA PD 15,000.00$
NAPA COUNTY NAPA CO SO 72,314.51$
NAPA COUNTY NAPA PD 44,933.29$
NAPA COUNTY SAINT HELENA PD 15,000.00$
NEVADA COUNTY GRASS VALLEY PD 25,000.00$
NEVADA COUNTY NEVADA CITY PD 15,000.00$
NEVADA COUNTY NEVADA CO SO 42,827.04$
NEVADA COUNTY TRUCKEE PD 20,000.00$
ORANGE COUNTY ANAHEIM PD 260,472.67$
December 12, 2022 4Page 12 of 16
12.D
COUNTY AGENCY NAME AWARD AMOUNT
ORANGE COUNTY BREA PD 41,422.88$
ORANGE COUNTY BUENA PARK PD 58,272.86$
ORANGE COUNTY COSTA MESA PD 93,376.99$
ORANGE COUNTY CYPRESS PD 37,210.38$
ORANGE COUNTY FOUNTAIN VALLEY PD 42,827.04$
ORANGE COUNTY FULLERTON PD 79,335.34$
ORANGE COUNTY GARDEN GROVE PD 122,162.38$
ORANGE COUNTY HUNTINGTON BEACH PD 148,841.52$
ORANGE COUNTY IRVINE PD 160,776.93$
ORANGE COUNTY LA HABRA PD 50,549.95$
ORANGE COUNTY LA PALMA PD 20,000.00$
ORANGE COUNTY LAGUNA BEACH PD 34,402.05$
ORANGE COUNTY LOS ALAMITOS PD 15,000.00$
ORANGE COUNTY NEWPORT BEACH PD 94,079.08$
ORANGE COUNTY ORANGE CO SD/CORONER 1,285,513.36$
ORANGE COUNTY ORANGE PD 102,504.07$
ORANGE COUNTY PLACENTIA PD 32,295.80$
ORANGE COUNTY SANTA ANA PD 246,431.01$
ORANGE COUNTY SEAL BEACH PD 28,000.00$
ORANGE COUNTY TUSTIN PD 65,293.69$
ORANGE COUNTY WESTMINSTER PD 57,570.78$
PLACER COUNTY AUBURN PD 15,000.00$
PLACER COUNTY LINCOLN PD 25,000.00$
PLACER COUNTY PLACER COUNTY SO 176,222.75$
PLACER COUNTY ROCKLIN PD 41,422.88$
PLACER COUNTY ROSEVILLE PD 89,866.58$
PLUMAS COUNTY PLUMAS CO SO 25,000.00$
RIVERSIDE COUNTY BANNING PD 28,000.00$
RIVERSIDE COUNTY BEAUMONT PD 35,104.13$
RIVERSIDE COUNTY BLYTHE PD 20,000.00$
RIVERSIDE COUNTY CATHEDRAL CITY PD 34,402.05$
RIVERSIDE COUNTY CORONA PD 104,610.32$
RIVERSIDE COUNTY DESERT HOT SPRINGS PD 25,000.00$
RIVERSIDE COUNTY HEMET PD 48,443.70$
RIVERSIDE COUNTY INDIO PD 44,933.29$
RIVERSIDE COUNTY MENIFEE PD 53,358.28$
RIVERSIDE COUNTY MURRIETA PD 70,910.35$
RIVERSIDE COUNTY PALM SPRINGS PD 68,804.10$
RIVERSIDE COUNTY RIVERSIDE CO SD 1,951,087.72$
RIVERSIDE COUNTY RIVERSIDE PD 245,026.85$
SACRAMENTO COUNTY AMTRAK PD 25,000.00$
SACRAMENTO COUNTY CITRUS HEIGHTS PD 54,762.45$
SACRAMENTO COUNTY ELK GROVE PD 89,866.58$
SACRAMENTO COUNTY FOLSOM PD 51,252.03$
SACRAMENTO COUNTY GALT PD 28,
000.00$
SACRAMENTO COUNTY SACRAMENTO CO SD 902,176.22$
SACRAMENTO COUNTY SACRAMENTO PD 480,926.62$
SAN BENITO COUNTY HOLLISTER PD 28,000.00$
SAN BENITO COUNTY SAN BENITO CO SO 37,912.46$
SAN BERNARDINO COUNTY BARSTOW PD 28,000.00$
SAN BERNARDINO COUNTY CHINO PD 77,931.18$
SAN BERNARDINO COUNTY COLTON PD 37,210.38$
December 12, 2022 5Page 13 of 16
12.D
COUNTY AGENCY NAME AWARD AMOUNT
SAN BERNARDINO COUNTY FONTANA PD 136,204.04$
SAN BERNARDINO COUNTY MONTCLAIR PD 32,295.80$
SAN BERNARDINO COUNTY ONTARIO PD 193,072.73$
SAN BERNARDINO COUNTY REDLANDS PD 55,464.53$
SAN BERNARDINO COUNTY RIALTO PD 78,633.26$
SAN BERNARDINO COUNTY SAN BERNARDINO CO SD 1,347,296.63$ SAN BERNARDINO COUNTY SAN BERNARDINO PD 172,010.25$
SAN BERNARDINO COUNTY UPLAND PD 45,635.37$
SAN DIEGO COUNTY CARLSBAD PD 84,952.00$
SAN DIEGO COUNTY CHULA VISTA PD 163,585.26$
SAN DIEGO COUNTY CORONADO PD 30,891.64$
SAN DIEGO COUNTY EL CAJON PD 82,845.75$
SAN DIEGO COUNTY ESCONDIDO PD 94,781.16$
SAN DIEGO COUNTY LA MESA PD 42,124.96$
SAN DIEGO COUNTY NATIONAL CITY PD 58,272.86$
SAN DIEGO COUNTY OCEANSIDE PD 142,522.78$
SAN DIEGO COUNTY SAN DIEGO CO SD 1,809,969.10$
SAN DIEGO COUNTY SAN DIEGO PD 1,263,046.71$
SAN FRANCISCO COUNTY SAN FRANCISCO CO SO 536,391.15$
SAN FRANCISCO COUNTY SAN FRANCISCO PD 1,407,675.74$
SAN JOAQUIN COUNTY ESCALON PD 15,000.00$
SAN JOAQUIN COUNTY LODI PD 47,741.62$
SAN JOAQUIN COUNTY MANTECA PD 51,252.03$
SAN JOAQUIN COUNTY RIPON PD 20,000.00$
SAN JOAQUIN COUNTY SAN JOAQUIN CO SO 223,262.29$
SAN JOAQUIN COUNTY STOCKTON PD 275,918.49$
SAN JOAQUIN COUNTY TRACY PD 73,718.68$
SAN LUIS OBISPO COUNTY ARROYO GRANDE PD 20,000.00$
SAN LUIS OBISPO COUNTY ATASCADERO PD 25,000.00$
SAN LUIS OBISPO COUNTY GROVER BEACH PD 20,000.00$
SAN LUIS OBISPO COUNTY MORRO BAY PD 15,000.00$
SAN LUIS OBISPO COUNTY PASO ROBLES PD 28,000.00$
SAN LUIS OBISPO COUNTY PISMO BEACH PD 20,000.00$
SAN LUIS OBISPO COUNTY SAN LUIS OBISPO CO SO 216,943.54$ SAN LUIS OBISPO COUNTY SAN LUIS OBISPO PD 42,124.96$
SAN MATEO COUNTY ATHERTON PD 20,000.00$
SAN MATEO COUNTY BELMONT PD 25,000.00$
SAN MATEO COUNTY BRISBANE PD 15,000.00$
SAN MATEO COUNTY BROADMOOR PD 15,000.00$
SAN MATEO COUNTY BURLINGAME PD 28,000.00$
SAN MATEO COUNTY COLMA PD 15,000.00$
SAN MATEO COUNTY DALY CITY PD 63,889.52$
SAN MATEO COUNTY EAST PALO ALTO PD 25,000.00$
SAN MATEO COUNTY FOSTER CITY PD 28,000.00$
SAN MATEO COUNTY HILLSBOROUGH PD 25,000.00$
SAN MATEO COUNTY MENLO PARK PD 28,785.39$
SAN MATEO COUNTY PACIFICA PD 25,000.00$
SAN MATEO COUNTY REDWOOD CITY PD 56,166.61$
SAN MATEO COUNTY SAN BRUNO PD 31,593.72$
SAN MATEO COUNTY SAN MATEO CO SHERIFF'S OFFICE 202,199.81$ SAN MATEO COUNTY SAN MATEO PD 75,122.84$
SAN MATEO COUNTY SOUTH SAN FRANCISCO PD 53,358.28$
December 12, 2022 6Page 14 of 16
12.D
COUNTY AGENCY NAME AWARD AMOUNT
SANTA BARBARA COUNTY GUADALUPE PD 15,000.00$
SANTA BARBARA COUNTY LOMPOC PD 28,785.39$
SANTA BARBARA COUNTY SANTA BARBARA CO SO 348,233.00$
SANTA BARBARA COUNTY SANTA BARBARA PD 82,143.67$
SANTA BARBARA COUNTY SANTA MARIA PD 83,547.84$
SANTA CLARA COUNTY CAMPBELL PD 30,189.55$
SANTA CLARA COUNTY GILROY PD 43,529.13$
SANTA CLARA COUNTY LOS ALTOS PD 28,000.00$
SANTA CLARA COUNTY LOS GATOS PD 28,000.00$
SANTA CLARA COUNTY MILPITAS PD 60,379.11$
SANTA CLARA COUNTY MORGAN HILL PD 28,000.00$
SANTA CLARA COUNTY MOUNTAIN VIEW PD 57,570.78$
SANTA CLARA COUNTY PALO ALTO PD 47,741.62$
SANTA CLARA COUNTY SAN JOSE PD 758,951.36$
SANTA CLARA COUNTY SANTA CLARA CO SO 841,095.03$
SANTA CLARA COUNTY SANTA CLARA PD 98,291.57$
SANTA CLARA COUNTY SUNNYVALE DPS 139,012.37$
SANTA CRUZ COUNTY CAPITOLA PD 20,000.00$
SANTA CRUZ COUNTY SANTA CRUZ CO SO 101,801.99$
SANTA CRUZ COUNTY SANTA CRUZ PD 50,549.95$
SANTA CRUZ COUNTY SCOTTS VALLEY PD 15,000.00$
SANTA CRUZ COUNTY WATSONVILLE PD 47,039.54$
SHASTA COUNTY ANDERSON PD 15,000.00$
SHASTA COUNTY REDDING PD 72,314.51$
SHASTA COUNTY SHASTA CO SO 82,845.75$
SIERRA COUNTY SIERRA CO SHERIFF'S OFFICE 15,000.00$
SISKIYOU COUNTY ETNA PD 15,000.00$
SISKIYOU COUNTY LAKE SHASTINA DISTRICT PD 15,000.00$
SISKIYOU COUNTY MOUNT SHASTA PD 15,000.00$
SISKIYOU COUNTY SISKIYOU CO SD 45,635.37$
SISKIYOU COUNTY TULELAKE PD 15,000.00$
SISKIYOU COUNTY WEED PD 15,000.00$
SISKIYOU COUNTY YREKA PD 15,000.00$
SOLANO COUNTY BENICIA PD 28,000.00$
SOLANO COUNTY DIXON PD 20,000.00$
SOLANO COUNTY FAIRFIELD PD 82,143.67$
SOLANO COUNTY SOLANO CO SO 120,056.14$
SOLANO COUNTY SUISUN CITY PD 20,000.00$
SOLANO COUNTY VACAVILLE PD 70,208.27$
SOLANO COUNTY VALLEJO PD 61,783.27$
SONOMA COUNTY CLOVERDALE PD 15,000.00$
SONOMA COUNTY COTATI PD 15,000.00$
SONOMA COUNTY HEALDSBURG PD 15,000.00$
SONOMA COUNTY PETALUMA PD 46,337.46$
SONOMA COUNTY ROHNERT PARK DPS 51,252.03$
SONOMA COUNTY SANTA ROSA PD 117,247.80$
SONOMA COUNTY SEBASTOPOL PD 15,000.00$
SONOMA COUNTY SONOMA CO SHERIFF'S OFFICE 287,151.81$
STANISLAUS COUNTY CERES DPS 32,997.89$
STANISLAUS COUNTY MODESTO PD 127,779.04$
STANISLAUS COUNTY NEWMAN PD 15,000.00$
STANISLAUS COUNTY OAKDALE PD 20,000.00$
December 12, 2022 7Page 15 of 16
12.D
COUNTY AGENCY NAME AWARD AMOUNT
STANISLAUS COUNTY STANISLAUS CO SD 369,997.56$
STANISLAUS COUNTY TURLOCK PD 57,570.78$
SUTTER COUNTY SUTTER CO SO 70,910.35$
SUTTER COUNTY YUBA CITY PD 41,422.88$
TEHEMA COUNTY CORNING PD 15,000.00$
TEHEMA COUNTY RED BLUFF PD 20,000.00$
TEHEMA COUNTY TEHAMA CO SO 47,039.54$
TRINITY COUNTY TRINITY COUNTY SO 28,000.00$
TULARE COUNTY DINUBA PD 28,000.00$
TULARE COUNTY EXETER PD 15,000.00$
TULARE COUNTY FARMERSVILLE PD 15,000.00$
TULARE COUNTY LINDSAY DPS 15,000.00$
TULARE COUNTY PORTERVILLE PD 46,337.46$
TULARE COUNTY TULARE CO SO 358,062.16$
TULARE COUNTY TULARE PD 46,337.46$
TULARE COUNTY VISALIA PD 102,504.07$
TULARE COUNTY WOODLAKE PD 15,000.00$
TUOLUMNE COUNTY SONORA PD 15,000.00$
TUOLUMNE COUNTY TUOLUMNE CO SO 65,293.69$
VENTURA COUNTY OXNARD PD 152,351.94$
VENTURA COUNTY PORT HUENEME PD 20,000.00$
VENTURA COUNTY SANTA PAULA PD 25,000.00$
VENTURA COUNTY SIMI VALLEY PD 77,229.09$
VENTURA COUNTY VENTURA CO SO 503,393.27$
VENTURA COUNTY VENTURA PD 95,483.24$
YOLO COUNTY DAVIS PD 39,316.63$
YOLO COUNTY WEST SACRAMENTO PD 47,741.62$
YOLO COUNTY WINTERS PD 15,000.00$
YOLO COUNTY WOODLAND PD 47,039.54$
YOLO COUNTY YOLO CO SHERIFF'S OFFICE 54,060.37$
YUBA COUNTY MARYSVILLE PD 15,000.00$
YUBA COUNTY WHEATLAND PD 15,000.00$
YUBA COUNTY YUBA CO SD 73,016.60$
December 12, 2022 8Page 16 of 16
12.D
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Mar 14 2023
Department: Administration
Submitted by: Mark Prestwich, City Manager
Brenda Chavez, Executive Assistant;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute the Third Amendment to the Agreement for Services between the City of Hemet and Liberty Men's Restoration Ministries for a Contract Amount not to Exceed a Total of $100,000 per Fiscal Year
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute the Third Amendment to the Agreement for Services between the City of Hemet and Liberty Men's Restoration Ministries for a Contract Amount not to Exceed a Total of $100,000 per Fiscal Year.
BACKGROUND:
The City of Hemet entered into an agreement for Neighborhood Clean-Ups in March 2022 with Liberty Men's Restoration Ministries in an amount not to exceed $50,000 for the total term of the agreement.
The Agreement provides that the contractor will provide public property and right -of-way clean -up services.
On July 18, 2022 the City of Hemet entered into the First Amendment to the agreement with Liberty Men's Restoration Ministries and exercised the first one-year option to extend the contract term through July 1, 2023. It is helpful to note that while the First Amendment with Li berty Ministries did extend the term of the contract, the contract award amount remained unchanged throughout the term of the agreement.
On September 9, 2022 the City of Hemet entered into the Second Amendment to the agreement with Liberty Men's Restoration Ministries to clarify that the contract amount with Liberty Men's Restoration Ministries shall not exceed fifty thousand dollars ($50,000) per City fiscal year rather than fifty thousand dollars ($50,000) per the total contract term.
ANALYSIS:
12.E
Based on the continuing City need for neighborhood clean -ups and graffiti abatement and, consistent with the City's strategic plan goal to improve the quality of life by enhancing the visual appearance of the community by reducing blight, staff has determined that the contract amount with Liberty Men's Restoration Ministries will need to be increased by an additional $50,000 for a contract amount not to exceed a total of $100,000 per City fiscal year.
The City also retained a contract with Vi ctory Outreach for neighborhood clean up services and, on January 30th, 2023, terminated this agreement. As a result of this contract cancellation an available budget of $55,687.50 became available for the remainder of the fiscal year 2022 -23. This avail able budget is available to be used to fund the additional $50,000 contract increase with Liberty Men's Restoration Ministries. The available funds are summarized as follows:
DISCUSSION:
Based on a review of the costs incurred for the first half of the fiscal year 2022-23, it is anticipated that the costs needed to continue neighborhood clean up throughout the City will exceed the not-to-exceed limits for the agreement with Liberty Men's Restoration Ministries. To ensure these clean up services continue, it is recommended the contract be increased by $50,000 for the remainder of the fiscal year.
Below is a table to show the expenditures to date as well as the projected shortfall.
12.E
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.
Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
Objective 2: Explore and implement homelessness solutions for the City of Hemet.
Objective 3: Increase Public Safety visibility and response.
FISCAL IMPACT:
To ensure that the City's continued needs are met for neighborhood clean -ups and graffiti abatement a contract increase in the amount of $50,000 for a total contract amount not to exceed $100,000 for the fiscal year 2022-23 with Liberty Men's Restoration Ministries is recommended. Funding for this contract amendment is available in the FY 2022 -23 Council Adopted Budget in Measure U - ROCS, Maintenance and Operations (account no. 115 -3004-2450). No General Fund appropriation is recommended for this action.
ATTACHMENT(S):
RESO LIBERTY MENS RESTORATION SERVICES 2023
Liberty Mens - Third Amendment to Agreement
12.E
City of Hemet Resolution No. 2023-xxx
CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2023-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HEMET, CALIFORNIA, APPROVING THE
THIRD AMENDMENT WITH LIBERTY MENS
RESTORATION MINISTRIES AMENDING THE NOT-
TO-EXCEED TO $100,000 PER FISCAL YEAR
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, City and Liberty Mens Restoration Ministries
entered into an agreement for neighborhood cleanups on March 8, 2022, and
WHEREAS, Section V.A. and of the original Agreement
established compensation through the end of the term for a not-to- exceed amount of $50,000, and
WHEREAS, the City has amended the original Agreement
two times resulting in a not-to-exceed amount of $50,000 per fiscal year; and
WHEREAS, the City of Hemet and Liberty Mens Restoration Ministries desire to further amend the Agreement to increase the contract amount from $50,000 to $100,000 per City fiscal year.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY
OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES
AS FOLLOWS:
12.E
City of Hemet Resolution No. 2023-xxx
SECTION 1. Incorporation of Recitals, The City Council of the City of Hemet finds and determines that the above referenced recitals are true and correct and the material to this Resolution.
SECTION 2. City Council Actions.
a) The City Council approves the Third
Amendment to the Agreement with
Liberty Mens Restoration Ministries
attached hereto, and
b) The City Manager is authorized and
directed to execute the Third
Amendment along with any
necessary documents to effectuate
the purposes of this Resolution so
long as such documents are
approved as to form by the City
Attorney.
c) The City Manager, or his designee,
is authorized and directed to utilize
the funds already budgeted in Fund
270 (ARPA) and 115 (Measure U)
for the purposes of this Resolution.
12.E
City of Hemet Resolution No. 2023-xxx
PASSED, APPROVED AND ADOPTED this 14th day of
March, 2023.
____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
12.E
City of Hemet Resolution No. 2023-xxx
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 14th day of March, 2023, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
12.E
12.E
THIRD AMENDMENT TO
NEIGHBORHOOD CLEAN-UPS
AGREEMENT
b
y
a
n
d
b
e
t
w
e
e
n
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t
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CITY OF HEMET
a
n
d
LIBERTY MEN’S RESTORATION
MINISTRY, INC.
Dated March 1, 2023
12.E
THIRD AMENDMENT TO THE NEIGHBORHOOD CLEAN-
UPS AGREEMENT
This Third Amendment to Neighborhood Clean-Ups
Agreement (“Third Amendment”), which is dated for reference as indicated on the cover page, is hereby entered into by and between the CITY OF HEMET, a California municipal
corporation (“City”), and Liberty Men’s Restoration Ministry (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
R
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C
I
T
A
L
S
A. The Parties entered in an agreement for Neighborhood Clean-Ups on March 8, 2022 (“Agreement”). The
Agreement provides that Contractor will provide public
property and right-of-way clean up services.
B. Section I of the Agreement provides that the term of the contract is through July
1, 2022 with two (2) one (1) year options to extend.
C. The First Amendment amended Section I to provide that the city wishes to
exercise the first one-year option to extend with a new term date of July 1, 2023.
D. The Second Amendment amended Section VA. to
provide that the amount shall not exceed fifty thousand dollars ($50,000) per City fiscal year.
E. This Third Amendment amends Section VA. to provide
that the amount shall not exceed one hundred thousand
dollars ($100,000) per City fiscal year.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises
made and recited herein, the Parties do hereby enter into this Third Amendment which modifies and amends the Agreement
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as follows:
1. AMENDMENT. The Agreement is hereby modified and
amended as follows:
V. [PAYMENT]. Section A. of the Agreement
is hereby amended as follows:
The CITY will pay CONTRACTOR
monthly, in accordance with the payment
rates and terms and the schedule of
payment as set forth in Exhibit B, attached
hereto and incorporated herein by this
reference as though set forth in full, based
upon actual time spent on the above tasks.
This amount shall not exceed one hundred
thousand dollars ($100,000) per City fiscal
year, or unless additional payment is
approved as provided in the Agreement.
2.GENERAL PROVISIONS.
2.1 Remainder Unchanged. Except as
specifically modified and amended in this Third Amendment, the Agreement remains in full force and effect and is binding upon the Parties.
2.2 Integration. This Third Amendment
consists of pages 1 through 4 inclusive, which constitute the entire understanding and agreement of the Parties and
supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the transaction discussed in this Third Amendment.
2.3 Effective Date. This Third Amendment shall
not become effective until the date it has been executed by the appropriate authorities of the City and Contractor.
2.4 Applicable Law. The laws of the State of
California shall govern the interpretation and enforcement of this Third Amendment.
2.5 References. All references to the
Agreement include all their respective terms and provisions. All defined terms utilized in this Third Amendment have the same meaning as provided in the Agreement, unless expressly
stated to the contrary in this Third Amendment.
12.E
[Signature Page Follows]
IN WITNESS WHEREOF, the Parties hereto have
executed this Third Amendment to the Agreement on the date and year first written above.
CITY OF HEMET CONTRACTOR
By: _________________________ By:
_________________________
Mark Prestwich, City Manager
_________________________
ATTEST:
CITY CLERK
By: _________________________
12.E
ATTEST:
CITY ATTORNEY
By: _________________________
12.E
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Mar 14 2023
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Noah Rau, Public Works Director/City Engineer;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, Awarding Aneen Construction Inc., a Construction Agreement in the Amount of $386,698.60, Excluding the Additive Bid Items for the Simpson Memorial Center Parking Lot Improvement Project (CI P 5736), and Waiving Any Minor Bid Irregularities, and Authorizing the City Manager to Approve Additional Construction Expenditures not to Exceed 10% of the Contract Amount or $38,670 and Authorize the Finance Director to Appropriate an Additional $125,370 .00 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
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Awarding Aneen Construction Inc., a Construction Agreement in the Amount of $386,698.60, Excluding the Additive Bid Items for the Simpson Memorial Center Parkin g Lot Improvement Project (CIP 5736), and Waiving Any Minor Bid Irregularities, and Authorizing the City Manager to Approve Additional Construction Expenditures not to Exceed 10% of the Contract Amount or $38,670 and Authorize the Finance Director to Appro priate an Additional $125,370.00 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.
BACKGROUND:
The James Simpson Memorial Center is a City facility located at 305 East Devonshire Ave., Hemet CA 92543 and was opened to the public in 1978. The Center's primary goals are to provide educational, cultural, recreational, health, social and similar community services to City residents.
However, the facility's parking lot and Americans with Disabilities Act (ADA) access is in poor condition and does not meet standards. On March 4, 2022, the Council appropriated $350,000 to a parking lot improvement project at the facility.
12.F
The bid package was approved by the City Engineer on December 20, 2022. On December 21, 2022, the City of Hemet solicited bids from 354 vendors on Planet Bids, the City’s bid solicitation service provider, where interested bidders could obtain the complete bid document package. On December 26, 2022, the Notice Inviting Bids was published in the Press Enterprise.
ANALYSIS:
Bids were opened on January 26, 2023, and the City received a total of nine (9) bids for the project.
Formal bidding procedures were followed in conformance with the Public Contracts Code. As specified in the "Instructions to Bidders", the lowest bid was determined by the base bid only.
The bids were reviewed by staff resulting in An een Construction Inc. being the verified lowest responsive and responsible bidder for the base bid schedule. A bid summary and all bids are attached to this report. The following summary does not include additive alternate bid items.
Pave West Inc. $433,720.00
Wheeler Paving $492,124.85
LCR Earthwork & Engineering, Corp. $499,695.00
Onyx Paving Company, Inc. $408,000.00
IE General Engineering Inc. $406,725.00
Roadway Engineering & Construction Corp. $455,775.00
Aneen Construction, Inc. $386,698.60
Hardy & Harper, Inc $573,000.00
All American Asphalt $577,290.00
Aneen Construction Inc. has a small discrepancy of $2.35 between the total stated in their bid and the sum of all the bid items listed. The written total was $386,696.25 but the true sum of the items was $386,698.60. The sum total of all base bid items is the amount that is that is recognized to be the correct amount.
The following is a summary of the additive bid results for the Contractor to construct a PCC driveway from Harvard Street into Fire Station 1.
Pave West Inc. $187,760.00
Wheeler Paving $268,224.25
LCR Earthwork & Engineering, Corp. $286,550.00
Onyx Paving Company, Inc. $394,000.00
IE General Engineering Inc. $405,900.00
Roadway Engineering & Construction Corp. $382,415.00
Aneen Construction, Inc. $456,325.00
Hardy & Harper, Inc $380,000.00
All American Asphalt $394,650.00
A letter dated January 27, 2023 was received from PaveWest stating that they had made a clerical error on their Additive Bid Item No. 8 for constructing PCC pavement that resulted in thei r additive bid totaling $307,760 rather than the $187,760 shown and that they could not honor the additive bid amount as shown in the bid.
12.F
Aneen Construction Inc. notified the City that they noticed that they had accidentally included excavation costs twice in their additive bid resulting in their additive bid being $63,250 higher than intended and that they would honor a total for the additive bid in the amount of $393,075.
DISCUSSION:
The work to improve the parking lot at the Simpson Memorial Center generally consists of upgrade and construction of new ADA accessible pedestrian ramps, curb and gutter, sidewalk, and AC slot patching in areas where those facilities do not currently exist and/or replacement of said facilities where the existing condition is not compliant with current ADA standards. The work also includes grading, compacting, removal, replacement, relocations of any existing items necessary to complete the work, including, but not limited to, sign relocation, concrete/asphalt removal and replacement, concrete curb and cross gutter removal and replacement, traffic control, adjustment of utilities, and all other necessary items.
Simpson Memorial Center has provided valuable and critically important services over the years to City of Hemet residents, allowing them to connect and engage with one another at a City-owned community center. The City is working toward getting these services restored at this facility in the near future.
Accessibility concerns have been expressed by residents about the Center, and since the City is committed to providing accessible programs, services, and facilities for people with disabilities, the City conducted an evaluation of the facility and this proposed project will bring the community center parking lot and access into the facility up to current ADA standards.
Due to the base bid already exceeding the budget for the needed parking lot improvements, staff is not currently recommending the a dditive bid that would have improved the drive used by Station 1 Fire Trucks. Staff is recommending awarding the base bid only to the lowest responsible bidder.
PREVIOUS COUNCIL ACTION:
• On March 4, 2022, the Council allocated $350,000 in ARPA funds to construct the needed parking lot improvements at the Simpson Memorial Center.
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.
Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.
Objective 3: Increase the community's pride within the City.
FISCAL IMPACT:
12.F
The Simpson Memorial Parking Lot Improvement Project, CIP No. 5736, is funded by American Rescue Plan Act (ARPA) funds of $350,000 (270 -5736-5500). The $350,000 currently appropriated is not sufficient to fund the total project costs.
See the breakdown below of total construction costs.
Design/Bid Package Preparation $10,000
Construction Contract $386,698.60
Construction Contingency $38,670
Construction Management & Inspection $30,000
Administration/Project Management $10,000
Total Project Costs $475,368.60
Funding the total construction and related costs requires the City Council to appropriate additional ARPA funds of $125,370. This additional appropriation would bring the total project budget to $475,370.
The current balance of unencumbered ARPA funds is $2,828,484 and if the requested $125,370 is appropriated to this project, $2,703,114 will remain.
ALTERNATIVE(S):
1. Do not award the Construction Agreement to Aneen Construction Inc.
2. Provide alternate direction to City staff.
REVIEWED BY LEGAL:
☒ Staff report ☒ Resolution
☐ Ordinance ☐ Agreement
ATTACHMENT(S):
Attachment 1- CIP 5736 Award Resolution
Attachment 2 - CIP 5736 Bid Summary With Line Item Details Attachment 3 - CIP 5736 Bids Received
Attachment 4 - Letter from PaveWest RE Clerical Error
Attachment 5 - Aneen Construction Agreement CIP 5736 - 2023
12.F
City of Hemet Resolution No. 2023-xxx
CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2023-xxx
ADOPT A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HEMET, CALIFORNIA,
AWARDING ANEEN CONSTRUCTION INC., A
CONSTRUCTION AGREEMENT IN THE AMOUNT
OF $386,698.60 EXCLUDING THE ADDITIVE BID
ITEMS FOR THE SIMPSON MEMORIAL CENTER
PARKING LOT IMPROVEMENT PROJECT (CIP
5736), AND WAIVING ANY MINOR BID
IRREGULARITIES, AUTHORIZING THE CITY
MANAGER TO APPROVE ADDITIONAL
CONSTRUCTION EXPENDITURES NOT TO
EXCEED 10% OF THE CONTRACT AMOUNT
($38,670), AUTHORIZING THE FINANCE
DIRECTOR TO APPROPRIATE AN ADDITIONAL
$125,370.00 OF UNENCUMBERED ARPA FUNDS
TO THE PROJECT ACCOUNT TO FUND THE
TOTAL PROJECT COSTS, AND AUTHORIZING
THE CITY CLERK TO RECORD THE NOTICE OF
COMPLETION UPON ACCEPTANCE OF THE
WORK BY THE CITY ENGINEER
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the James Simpson Memorial Center is a City
facility located at 305 East Devonshire Ave., Hemet CA 92543 and was opened to the public in 1978. The Center's primary goals are to provide educational, cultural, recreational, health, social and similar community services to City residents; and
WHEREAS, accessibility concerns have been expressed by
residents about the Center, and since the City is committed to
12.F
City of Hemet Resolution No. 2023-xxx
providing accessible programs, services, and facilities for people with disabilities, the City conducted an evaluation of the facility and would now like to begin construction to bring the community center up to current ADA standards; and
WHEREAS, On March 4, 2022, the City Council
appropriated $350,000 of ARPA funds to a parking lot improvement project at the facility; and
WHEREAS, On December 20, 2022, the City Engineer
approved the bid package for the Simpson Memorial Center Parking Lot Improvement project (CIP 5736); and
WHEREAS, On December 21, 2022, the City of Hemet
solicited bids from 354 vendors on Planet Bids, the City’s bid solicitation service provider, where interested bidders could obtain the complete bid document package an on December 26, 2022, the Notice Inviting Bids was published in the Press Enterprise; and WHEREAS, the Parking Improvements at Simpson
Memorial Center (CIP 5736) work generally consists of upgrade and construction of new ADA accessible pedestrian ramps, curb and gutter, sidewalk, and AC slot patching in areas where those facilities do not currently exist and/or replacement of said facilities where the existing condition is not compliant with current ADA standard and includes grading, compacting, removal, replacement, relocations of any existing items necessary to complete the work, including, but not limited to, sign relocation, concrete/asphalt removal and
12.F
City of Hemet Resolution No. 2023-xxx
replacement, concrete curb and cross gutter removal and replacement, traffic control, adjustment of utilities, and all other necessary items; and WHEREAS, on January 26, 2023, the City received a total of nine (9) bids for the project which were reviewed by staff resulting in Aneen Construction Inc. being the lowest responsible responsive bidder; and
WHEREAS, staff recommends to waive any minor
irregularities within the Aneen Construction, Inc. bid submittal; and WHEREAS, staff recommends the City Council Direct the
Finance Director to appropriate an additional $125,370 of unencumbered ARPA to fund the total project costs; and
WHEREAS, staff recommends to award a City of Hemet
Contractor Agreement to Aneen Construction, Inc., in the amount of $386,698.60; and
WHEREAS, staff recommends the City Council Authorize
the City Manager to execute all contract documents and approve additional construction project expenditures not to exceed 10% of the contract amount ($38,670); and
WHEREAS, staff recommends the City Council Authorize
the City Clerk to record the Notice of Completion upon acceptance of the work by the City Engineer.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY
OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES
AS FOLLOWS:
12.F
City of Hemet Resolution No. 2023-xxx
SECTION 1.The City Council awards Aneen Construction
Inc. a Construction Agreement for the Parking Improvements at Simpson Memorial Center (CIP No. 5736) in the amount of $386,698.60, excluding the additive bid items and waiving any minor bid irregularities.
SECTION 2. The City Manager is authorized to execute all contract documents and approve additional construction
expenditures not to exceed 10% of the contract amount ($38,670).
The City Manager or his designees are further authorized and directed to take such other actions as the City Manager deems necessary and proper to effectuate the purposes of this Resolution and any actions previously taken are hereby ratified.
SECTION 3. The Finance Director is authorized to
appropriate an additional $125,370 of unencumbered ARPA funds to the project account to fund the total project costs.
SECTION 4.The City Clerk is authorized to record the
Notice of Completion upon acceptance of the work by the City Engineer.
PASSED, APPROVED, AND ADOPTED this 14th day of March,
2023.
____________________________
Joe Males, Mayor
12.F
City of Hemet Resolution No. 2023-xxx
ATTEST:
_____________________________
John Paul Maier, City Clerk
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 14th day of March, 2023, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members: None.
ABSTAIN: Council Members: None.
ABSENT: Council Members: None.
_____________________________
John Paul Maier, City Clerk
12.F
12.F
12.F
City of Hemet
Bid Results for Project Parking Improvements at Simpson Memorial Center ‐ CIP 5736 Issued on 12/21/2022
Bid Due on January 26, 2023 3:00 PM (PST)
Exported on 01/26/2023
Line Totals (Unit Price * Quantity)
Item Section Description UOM QTY Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total 1 Mobilization (Not to Exceed 5% of Bid) LS 1 $12,000.0 0 $12,000.00 $10,500.00 $10,500.00 $23,795.00 $23,795.00 $20,000.00 $20,000.00 $18,000.00 $18,000.00 $26,000.00 $26,000.00 $20,140.00 $20,140.00 $25,000.00 $25,000.00 2 Traffic and Pedestrian Control LS 1 $5,200.0 0 $5,200.00 $920.00 $920.00 $8,000.0 0 $8,000.00 $53,440.00 $53,440.00 $10,000.00 $10,000.00 $2,000.00 $2,000.00 $3,000.00 $3,000.00 $26,515.00 $26,515.00 $46,000.00 $46,000.00 3 Clearing, Grubbing, and Removals LS 1 $6,000.0 0 $6,000.00 $5,445.00 $5,445.00 $55,000.00 $55,000.00 $27,000.00 $27,000.00 $10,000.00 $10,000.00 $5,000.00 $5,000.00 $20,000.00 $20,000.00 $21,200.00 $21,200.00 $8,000.00 $8,000.00 4 Water Quality Control LS 1 $2,500.0 0 $2,500.00 $6,095.00 $6,095.00 $5,000.00 $5,000.00 $3,500.00 $3,500.00 $5,000.00 $5,000.00 $2,000.00 $2,000.00 $2,500.00 $2,500.00 $4,240.00 $4,240.00 $7,000.00 $7,000.00 5 Temporary Construction Project Identification Sign EA 1 $2,300.0 0 $2,300.00 $1,725.00 $1,725.00 $3,500.00 $3,500.00 $2,000.00 $2,000.00 $2,500.00 $2,500.00 $1,000.00 $1,000.00 $1,500.00 $1,500.00 $1,590.00 $1,590.00 $2,500.00 $2,500.00 6 Field Orders LS 1 $10,000.0 0 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 7 Unclassified Excavation CY 1000 $60.00 $60,000.0 0 $152.00 $152,000.0 0 $40.00 $40,000.0 0 $75.00 $75,000.0 0 $75.00 $75,000.0 0 $111.00 $111,000.0 0 $110.00 $110,000.0 0 $79.30 $79,300.0 0 $122.00 $122,000.0 0 8 Remove Existing Improvements and Construct Cross Gutter Per
City of Hemet Std. Plan No. C‐213 SF 500 $18.00 $9,000.00 $43.50 $21,750.00 $30.00 $15,000.00 $30.00 $15,000.00 $25.00 $12,500.00 $22.50 $11,250.00 $45.00 $22,500.00 $68.00 $34,0 00.00 $34.00 $17,000.00 9 Hot Mix Asphalt TN 940 $148.00 $139,120.0
0 $135.00 $126,900.0 0 $140.00 $131,600.0 0 $109.00 $102,460.0 0 $145.00 $136,300.0 0 $132.00 $124,080.0 0 $139.44 $131,073.60 $127.00 $119,380.0 0 $116.00 $109,040.0 0 10 Untreated Base TN 875 $52.00 $45,500.0 0 $47.10 $41,212.5 0 $50.00 $43,750.0 0 $39.00 $34,125.0 0 $60.00 $52,500.0 0 $35.00 $30,625.0 0 $47.00 $41,125.0 0 $60.00 $52,500.0 0 $70.00 $61,250.0 0 11 Remove and Replace Type ‘D’ Curb per City of Hemet Std.
Plan No. C‐203 LF 25 $135.00 $3,375.00 $82.75 $2,068.75 $50.00 $1,250.00 $100.00 $2,500.00 $75.00 $1,875.00 $75.00 $1,875.00 $50.00 $1,250.00 $233.00 $5,825.00 $160.00 $4,000.00 12 Remove and Construct West ADA Parking & Ramp (includes wheel stop, Type 'D' Curb, PCC Pavement, Sidewalk, Ramp, Truncated Domes, and Pedestrian Handrail). EA 1 $33,000.00 $33,000.00 $38,166.00 $38,166.00 $50,000.00 $50,000.00 $11,000.00 $11,000.00 $20,000.00 $20,000.00 $35,600.00 $35,600.00 $6,5 00.00 $6,500.00 $78,440.00 $78,440.00 $49,000.00 $49,000.00 13 Remove and Construct South ADA Parking & Ramp
(includes wheel stop, Type 'D' Curb, PCC Pavement,
Sidewalk, Ramp, Truncated Domes, and Pedestrian
Handrail). EA 1 $28,000.00 $28,000.00 $21,564.00 $21,564.00 $35,000.00 $35,000.00 $11,000.00 $11,000.00 $14,000.00 $14,000.00 $32,000.00 $32,000.00 $6,5 00.00 $6,500.00 $26,700.00 $26,700.00 $32,500.00 $32,500.00 14 Remove and Construct North ADA Parking & Ramp
(includes wheel stop, Type 'D' Curb, PCC Pavement,
Sidewalk, Ramp, Truncated Domes, and Pedestrian
Handrail). EA 1 $58,000.00 $58,000.00 $35,421.00 $35,421.00 $50,000.00 $50,000.00 $11,000.00 $11,000.00 $14,500.00 $14,500.00 $38,000.00 $38,000.00 $6,5 00.00 $6,500.00 $61,760.00 $61,760.00 $45,000.00 $45,000.00 15 Adjust Existing Water Valve to Finished Surface EA 2 $1,200.0 0 $2,400.00 $441.30 $882.60 $500.00 $1,000.0 0 $1,000.00 $2,000.00 $650.00 $1,300.0 0 $250.00 $500.00 $500.00 $1,000.0 0 $1,590.00 $3,180.00 $1,500.00 $3,000.00 16 Remove and Relocate ExisƟng
I.V.C. Box EA 1 $800.00 $800.00 $1,080.00 $1,080.00 $800.00 $800.00 $2,000.00 $2,000.00 $3,800.00 $3,800.00 $2,000.00 $2,000.00 $2,500.00 $2,500.00 $2,650 .00 $2,650.00 $2,000.00 $2,000.00 17 Furnish and Install Wheel Stop EA 5 $145.00 $725.00 $52.00 $260.00 $200.00 $1,000.0 0 $95.00 $475.00 $70.00 $350.00 $69.00 $345.00 $150.00 $750.00 $64.00 $320.00 $200.00 $1,000.0 0 18 Striping and Signage (Including ADA Striping and Signs) LS 1 $9,500.00 $9,500.00 $8,050.00 $8,050.00 $15,000.00 $15,000.00 $9,500.00 $9,500.00 $9,100.00 $9,100.00 $9,500.00 $9,500.00 $10,000.00 $10, 000.00 $8,760.00 $8,760.00 $16,000.00 $16,000.00 19 Survey Services LS 1 $6,300.0 0 $6,300.00 $8,085.00 $8,085.00 $10,000.00 $10,000.00 $16,000.00 $16,000.00 $10,000.00 $10,000.00 $13,000.00 $13,000.00 $10,000.00 $10,000.00 $16,500.00 $16,500.00 $17,000.00 $17,000.00 Subtotal $433,720.0 0 $492,124.85 $499,695.00 $408,000.00 $406,725.00 $455,775.00 $386,698.60 $573,000.00 $577,290.00 20 Mobilization (Not to Exceed 5% of Bid) LS 1 $6,000.0 0 $6,000.00 $5,300.00 $5,300.00 $13,500.00 $13,500.00 $16,775.00 $16,775.00 $10,000.00 $10,000.00 $25,000.00 $25,000.00 $22,000.00 $22,000.00 $6,360.00 $6,360.00 $20,000.00 $20,000.00 21 Traffic and Pedestrian Control LS 1 $5,200.0 0 $5,200.00 $2,300.00 $2,300.00 $6,000.00 $6,000.00 $55,000.00 $55,000.00 $10,000.00 $10,000.00 $2,000.00 $2,000.00 $3,000.00 $3,000.00 $20,310.00 $20,310.00 $25,000.00 $25,000.00 22 Clearing, Grubbing, and Removals LS 1 $2,000.0 0 $2,000.00 $5,995.00 $5,995.00 $30,000.00 $30,000.00 $25,000.00 $25,000.00 $10,000.00 $10,000.00 $5,000.00 $5,000.00 $20,000.00 $20,000.00 $10,600.00 $10,600.00 $15,000.00 $15,000.00 23 Water Quality Control LS 1 $1,500.0 0 $1,500.00 $575.00 $575.00 $3,000.0 0 $3,000.00 $3,500.00 $3,500.00 $3,000.00 $3,000.00 $2,000.00 $2,000.00 $2,500.00 $2,500.00 $2,120.00 $2,120.00 $5,000.00 $5,000.00 24 Unclassified Excavation CY 575 $85.00 $48,875.0 0 $105.00 $60,375.0 0 $55.00 $31,625.0 0 $90.00 $51,750.0 0 $95.00 $54,625.0 0 $65.00 $37,375.0 0 $110.00 $63,250.0 0 $80.00 $46,000.0 0 $122.00 $70,150.0 0 25 Remove Existing Improvements and Construct Cross Gutter Per City of Hemet Std. Plan No. C‐213 SF 170 $48.00 $8,160.00 $52.00 $8,840.00 $45.00 $7,650.00 $45.00 $7,650.00 $45.00 $7,650.00 $22.50 $3,825.00 $100.00 $17,000.00 $89.00 $15,130.0 0 $80.00 $13,600.00 26 "Remove Existing Improvements and Construct PCC
Driveway Approach Per City of Hemet Std. Plan No. C‐208" SF 1200 $31.00 $37,200.00 $28.55 $34,260.00 $30.00 $36,000.00 $35.00 $42,000.00 $20.00 $24,000.00 $12.00 $14,400.00 $17.00 $20,400.00 $56.00 $67 ,200.00 $40.00 $48,000.00 27 Construct PCC Pavement CY 300 $100.00 $30,000.0 0 $371.75 $111,525.0 0 $350.00 $105,000.0 0 $455.00 $136,500.0 0 $700.00 $210,000.0 0 $870.00 $261,000.0 0 $845.00 $253,500.0 0 $535.00 $160,500.0 0 $375.00 $112,500.0 0 28 Untreated Base TN 525 $45.00 $23,625.0 0 $45.00 $23,625.0 0 $55.00 $28,875.0 0 $55.00 $28,875.0 0 $75.00 $39,375.0 0 $35.00 $18,375.0 0 $47.00 $24,675.0 0 $60.00 $31,500.0 0 $110.00 $57,750.0 0 29 Adjust Existing Water Valve to Finished Surface EA 2 $1,800.0 0 $3,600.00 $606.00 $1,212.0 0 $500.00 $1,000.0 0 $1,000.00 $2,000.00 $750.00 $1,500.0 0 $250.00 $500.00 $500.00 $1,000.0 0 $1,590.00 $3,180.00 $1,500.00 $3,000.00 30 Hot Mix Asphalt TN 45 $220.00 $9,900.0 0 $290.00 $13,050.0 0 $220.00 $9,900.0 0 $350.00 $15,750.0 0 $650.00 $29,250.0 0 $132.00 $5,940.0 0 $200.00 $9,000.0 0 $200.00 $9,000.0 0 $370.00 $16,650.0 0 31 Survey Services LS 1 $5,200.0 0 $5,200.00 $575.00 $575.00 $8,000.0 0 $8,000.00 $7,000.00 $7,000.00 $4,500.00 $4,500.00 $5,000.00 $5,000.00 $10,000.00 $10,000.00 $6,200.00 $6,200.00 $6,500.00 $6,500.00 32 Striping and Signage (Including ADA Striping and Signs) LS 1 $6,500.00 $6,500.00 $592.25 $592.25 $6,000.00 $6,000.00 $2,200.00 $2,200.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $10,000.00 $10,000.00 $1,900.00 $1,900.00 $1,500.00 $1,500.00 Subtotal $187,760.0 0 $268,224.25 $286,550.00 $394,000.00 $405,900.00 $382,415.00 $456,325.00 $380,000.00 $394,650.00 Total $621,480.0 0 $760,349.10 $786,245.00 $802,000.00 $812,625.00 $838,190.00 $843,023.60 $953,000.00 $971,940.00 B
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