Hemet City Council
October 24, 2023

MAYOR AND CITY COUNCIL:

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

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

AMENDED CITY COUNCIL AGENDA

CITY OF HEMET, CALIFORNIA

Tuesday, October 24, 2023
City Council Chamber
450 E. Latham Ave., Hemet, California 92543
AMENDED TO INCLUDE CLOSED SESSION AT 6:00 P.M.

REGULAR MEETING AT 7:00 P.M.

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

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

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

Teleconference: Residents may also submit public comments by teleconference during Communications from the Public by using the following Zoom link:
https://us02web.zoom.us/j/86873913564
Webinar ID: 868 7391 3564
Passcode: 745765
Telephone: Dial (for higher quality, dial a number based on your current location):

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

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

Page

1. CLOSED SESSION - 6:00 P.M.

2. CALL TO ORDER

3. PUBLIC COMMENT PERIOD
 At this time, members of the public may only comment on an item appearing on the agenda.

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

4. DISCUSSION ITEMS

4.A CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9
Number of Cases (1)

5. ADJOURNMENT OF CLOSED SESSION
REGULAR MEETING - 7:00 P.M.

6. CALL TO ORDER

7. ROLL CALL

8. INVOCATION

9. PLEDGE OF ALLEGIANCE

10. CITY ATTORNEY CLOSED SESSION REPORT

10.A City Attorney’s Report regarding Closed Session

11. COMMUNICATIONS FROM THE PUBLIC
Welcome to a meeting of the Mayor and City Council of the City of Hemet Anyone who wishes to speak during public comment or on a particular item will be required to fill out a speaker slip and turn it in to the City Clerk. Each request will cover one speaker. There is a 3-minute-per-person time limit for all general public comments on non-public hearing items. All who wish to speak, including Council members and staff, need to be recognized by the Mayor before speaking.
Members of the public shall comply with the adopted Rules of Decorum, Resolution No. 4545. A copy of which can be requested through the City Clerk’s Office.
You may also fill out a form and submit your comments online at www.hemetca.gov. Submittal must be done before 2:00 p.m. the day of the meeting.
Please state your name and item you are commenting on before speaking.

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

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

12. PRESENTATIONS

12.A Breast Cancer Awareness Month Proclamation
Breast Cancer Awareness Month Proclamation
9 12.B Red Ribbon Week Proclamation
Red Ribbon Week Proclamation
11 12.C Certificate of Recognition - West Valley Girls Varsity Volleyball Team Staff Report #23-351 - Pdf
13 - 14

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

13.A Second Reading and Adoption of an Ordinance of the City Council of the City of Hemet, California, Adopting by Reference Title 6 of the Riverside County Code of Ordinances (Ordinance Nos. 534 and 630) Related to Animal Control
Staff Report #23-345 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

1. Conduct a Public Hearing and take public testimony, if any, and;

2. Waive full reading and adopt an Ordinance of the City Council of the City of Hemet, California, Adopting by Reference Title 6 of the Riverside County Code of Ordinances (Ordinance Nos. 534 and 630) Related to Animal Control.
15 - 66

13.B A Resolution of the City Council of the City of Hemet, California, Adopting General Plan Amendment 23-001 to amend the City of Hemet General Plan Circulation Element to include removal of a segment of the future Whittier Avenue/Street alignment from the City of Hemet General Plan Roadway Circulation Master Plan as identified in Exhibit 1A Traffic Memorandum dated August 17, 2023; and Finding that the Project is Categorically Exempt from CEQA in Accordance with 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines
Staff Report #23-355 - Pdf
67 - 163

Recommendation:

It is respectfully recommended that the City Council:

1. Receive and consider the staff report and attached
documentation related to the proposed General Plan Amendment (GPA) 23-001; and

2. Open the public hearing and receive comments and testimony from all interested parties; and

3. Close the public hearing, discuss and deliberate on the proposed GPA 23-001; and

4. Adopt a Resolution of the City Council of the City of Hemet, California, Adopting General Plan Amendment 23-001 to amend the City of Hemet General Plan Circulation Element to include removal of a segment of the future Whittier Avenue/Street Roadway Plan General Hemet City the from alignment of
Circulation Master Plan as identified in Exhibit 1A Traffic Impact Memorandum dated August 17, 2023; and Finding that the
Project is Categorically Exempt from CEQA in accordance with 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines.

13.C An Ordinance of City Council of the City of Hemet, California, Approving a Zone Change (ZC 20-001) From R-2 (Low Density Multiple Family Residential) to R-1 (Single-Family Residential Minimum Lot Size 6,000 Square Feet), Located at the Northwest Corner of East Menlo Avenue and Park Avenue (APN 439-230-005; and 018) and Approving Tentative Tract Map No. 37558 to subdivide a 13-acre parcel into 51 lots for the future construction of single-family residences.

Staff Report #23-357 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Continue the public hearing to a future date to be set by the City Manager and direct that the City Clerk provide public notice of the future hearing once set.
165 - 171

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

14.A Approval of the Regular City Council Meeting Minutes of October 10, 2023
Staff Report #23-356 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Approve the October 10, 2023, Regular City Council Meeting Minutes. 173 - 183

14.B A Resolution of the City Council of the City of Hemet, California, Approving the Agreement for Goods and Services Between the City of Hemet and Liftech Elevator Services, Inc. to Modernize the Elevator at the Simpson Center and the Front Elevator at the Hemet Public Library in the amount of $246,000 and Authorizing the Administrative Services Director to Establish a Supplemental Appropriation in Fund 685 in the amount of $125,000 Plus a 10% Contingency in the Amount of $12,500 for a Total Authorized Amount of $137,500 and Authorizing the City Manager to Execute all Documents Related to the Agreement Staff Report #23-333 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Approving the Agreement for Goods and Services Between the City of Hemet and Liftech Elevator Services, Inc. to Modernize the Elevator at the Simpson Center and the Front Elevator at the Hemet Public Library for the amount of $246,000 and Authorizing the Administrative Services Director to Establish a Supplemental Appropriation in Fund 685 in the amount of $125,000 plus a 10% Contingency in the Amount of $12,500 for a Total Authorized Amount of $137,500 and Authorizing the City Manager to Execute all Documents Related to the Agreement. 185 - 235

14.C A Resolution of the City Council of the City Of Hemet, California, Accept the 2023-24 Literacy Grant of $28,375 for Adult Literacy Provided by the Hemet Public Library and Authorize the Administrative Services Director to Increase General Fund Estimated Revenues by $10,375
Staff Report #23-328 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City Of Hemet, California, Accept the 2023-24 Literacy Grant of $28,375 for Adult Literacy Provided by the Hemet Public Library and Authorize the Administrative Services Director to Increase General Fund Estimated Revenues by $10,375.
237 - 281

14.D A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to enter into a five-year purchase contract with Axon Enterprises, Inc. from October 2023 through October 2027, for 15 TASER 7 Certification Bundles in the amount of $68,053.56 Staff Report #23-350 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, authorizing the City Manager to enter into a five-year purchase contract with Axon 283 - 316

Enterprises, Inc. from October 2023 through October 2027, for 15 TASER 7 Certification Bundles in the amount of $68,053.56.

15. DISCUSSION - ACTION ITEMS

15.A Mobile Home Rent Review Commission Appointment
Staff Report #23-358 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Discuss and/or Appoint a Candidate to the Mobile Home Rent Review Commission to fill an unscheduled vacancy.
317 - 335

16. CITY COUNCIL AND STAFF REPORTS

COUNCIL MEMBER KRUPA

1. Hemet Housing Authority

2. Investment Oversight Committee

3. Hemet Public Library Board of Trustees

4. Riverside County Airport Land Use Commission *

5. League of California Cities

6. Riverside County Transportation Commission *

7. Riverside Transit Agency

8. Western Riverside County Conservation Authority *

9. Hemet San Jacinto Water Master Board *

10.Planning Commission

COUNCIL MEMBER KENDRICK

1. Investment Oversight Committee

2. League of California Cities

3. Planning Commission

4. Western Riverside County Conservation Authority *

COUNCIL MEMBER PETERSON

1. Infrastructure Commission

2. League of California Cities

3. Riverside County Habitat Conservation Agency

4. Western San Jacinto Water Master Board *

5. Ramona Bowl Board of Directors

6. Western Riverside Council of Governments *

7. CAJPIA Board

MAYOR PRO TEM LILIENTHAL

1. Hemet Housing Authority

2. Skate Park Committee

3. Community Action Commission of Riverside County

4. League of California Cities

5. Riverside County Transportation Commission *

6. Riverside Transit Agency *

7. Western Riverside Council of Governments *

MAYOR MALES

1. Skate Park Committee

2. League of California Cities

3. Western Riverside Council of Governments *

AD-HOC COMMITTEE REPORTS

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

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

3. Homeless Outreach Ad-Hoc Committee (Lilienthal/Males)

4. Business Outreach Ad-Hoc Committee (Males/Peterson)

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

6. CDBG Ad-Hoc Committee (Peterson/Kendrick)

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

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

CITY MANAGER PRESTWICH

17. ADJOURNMENT

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

Date & Time: October 18, 2023 at 5:55 p.m.

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

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

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

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

PRESENTED OCTOBER 24, 2023
Joe Males, Mayor
Malcolm Lilienthal, Mayor ProTem
Jackie Peterson, CouncilMember
Linda Krupa, Council Member
Carole Kendrick, CouncilMember
City of HemetCalifornia
Proclamation
Breast Cancer Awareness Month
WHEREAS, October is Breast Cancer Awareness Month, is a worldwide annual campaign that started in 1985 to increase awareness of the disease and to raise funds for research into its cause, prevention, diagnosis, treatment, and cure; and
WHEREAS, breast cancer is the most common cancer and the second leading cause of cancer death, after lung cancer, in women in the United States. The chance of a woman having invasive breast cancer sometime during her life is about 1 in 8; and WHEREAS, the American Cancer Society uses this opportunity to honor its commitment to raise awareness of breast cancer by hosting interactive, educational activities and reminding women 45 and older to receive yearly mammograms, the single most effective screening tool to find breast cancer early. Since 1990, early detection and effective treatment have resulted in a 34 percent decline in breast cancer mortality in the U.S.; and WHEREAS, the American Cancer Society sponsors the Making Strides Against Breast Cancer walk, a powerful and inspiring opportunity to unite as a community to remember those lost to breast cancer, honor breast cancer survivors, and raise awareness about steps we can take to reduce the risk of getting breast cancer and raise money to fund groundbreaking breast cancer research, information and 24-7 support; and
WHEREAS, National Breast Cancer Awareness Month encourages everyone to make healthy lifestyle choices such as eating the choices of a healthy lifestyle such as eating a healthy diet, getting regular physical activity, and reducing the consumption of alcohol. These choices can help reduce their breast cancer risk.

NOW, THEREFORE, I, Joe Males, Mayor of the City of Hemet, along with the Hemet City Council, do hereby proclaim the month of October 2023 as:

Breast Cancer Awareness Month
And urge all citizens to take part in activities and observances designed to increase awareness and understanding of breast cancer, its human impact, and the work of the American Cancer Society.

12.A

PRESENTED OCTOBER 24, 2023
Joe Males, Mayor
Malcolm Lilienthal, Mayor ProTem
Jackie Peterson, CouncilMember
Linda Krupa, Council Member
Carole Kendrick, CouncilMember
City of HemetCalifornia
Proclamation
Red Ribbon Week
WHEREAS, The social consequences of drug and alcohol abuse affect every sector of society, including children. It is imperative that visible, unified efforts by community members be launched to prevent drug abuse; and
WHEREAS, Red Ribbon Week is a time when communities begin campaigns to empower their citizens to fight alcohol and drug abuse in their homes; and WHEREAS, Businesses, government, law enforcement, media, healthcare providers, religious institutions, schools, and other community-based organizations will demonstrate their commitment to healthy, drug-flee lifestyles by wearing red ribbons and participating in drug prevention activities; and
WHEREAS, The 2023 Red Ribbon Campaign will commence on October 23 - October 31, 2023, using the 2023 Red Ribbon Campaign Theme, “Be Kind to Your Mind. Live Drug-Free,” as a reminder that everyday citizens make significant daily contributions to their communities by being the best they can be because they live Drug-Free; and WHEREAS, Red Ribbon Week offers citizens the opportunity to demonstrate their commitment to drug-free lifestyles; and
WHEREAS, During Red Ribbon Week, the City of Hemet is proud to recognize the Red Ribbon Campaign, which has received national recognition as one of the most visible and effective drug awareness programs.

NOW, THEREFORE, I, Joe Males, Mayor of the City of Hemet, along with the Hemet City Council, do hereby proclaim the week of October 23 through October 31, 2023 as:

Red Ribbon Week
And encourage citizens to participate in drug prevention education activities during Red Ribbon Week and all year, making a visible statement that we are firmly committed to a drug-free City of Hemet.

12.B

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Oct 24 2023
Department: Administration
Submitted by: Mark Prestwich, City Manager
Brenda Chavez, Executive Assistant;
☐ Receive and File ☐ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

Certificate of Recognition - West Valley Girls Varsity Volleyball Team RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Present a certificate of recognition to West Valley Varsity Volleyball Team for becoming League Champions.

STRATEGIC PLAN INTEGRATION:

N/A
ATTACHMENT(S):

Certificate of Recognition West Valley Girls Volleyball

12.C

CERTIFICATE OF RECOGNITION
The Hemet City Council extends its warmest congratulations to the West Valley Girls Varsity Volleyball Team for becoming League Champions!
PRESENTED ON THE 24TH DAY OF OCTOBER IN THE YEAR 2023
West Valley Girls Varsity Volleyball

MAYOR PRO-TEM

COUNCIL MEMBER

MALCOLM LILIENTHAL

JACKIE PETERSON
MAYOR

JOE MALES

COUNCIL MEMBER

CAROLE KENDRICK

COUNCIL MEMBER
presented to

LINDA KRUPA

12.C

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Oct 24 2023
Department: City Attorney
Submitted by: Mark Prestwich, City Manager
Steven Graham, City Attorney;
☐ Receive and File ☐ Consent Calendar ☐ Business Item ☒ Public Hearing TITLE:

Second Reading and Adoption of an Ordinance of the City Council of the City of Hemet, California, Adopting by Reference Title 6 of the Riverside County Code of Ordinances (Ordinance Nos. 534 and 630) Related to Animal Control
RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

1. Conduct a Public Hearing and take public testimony, if any, and;

2. Waive full reading and adopt an Ordinance of the City Council of the City of Hemet, California, Adopting by Reference Title 6 of the Riverside County Code of Ordinances (Ordinance Nos. 534 and 630) Related to Animal Control.

BACKGROUND:

On September 12, 2023, the City Council voted to approve an agreement with Riverside County Department of Animal Services to provide animal control services for the City of Hemet for a period of nine (9) months from October 1, 2023, to June 30, 2024, in an amount not to exceed $874,042.20

Consistent with the agreement between the City of Hemet and the County of Riverside for the provision of animal control and shelter services, the City of Hemet is required to adopt by reference County Ordinances No. 534 and 630, which are codified as Title 6 to the Riverside County Code of Ordinances. repealing to reference by 6 Title adopts Council City the before ordinance The inconsistent language in the Hemet Municipal Code but leaves intact Article III of Chapter 10 related to Beekeeping.

The City Council may adopt County Codes by reference, but the adoption process is slightly different than an ordinary ordinance. The first reading is by title only, and a public hearing is then scheduled, with adoption to occur following the public hearing. See Government Code Section 50022.1 for further details.

This item requires a public hearing to take place before the adoption of the recommended ordinance.

13.A

DISCUSSION:

The Ramona Humane Society (RHS) previously provided animal control and sheltering services to the City of Hemet for several years, including several amendments to extend the initial agreement.

The City has not maintained adopted fees in the past because the fees charged by RHS were not at the discretion of the City to establish or control. Similarly, the City, as a condition of its agreement with the Riverside County Department of Animal Services, is required to adopt by reference County Ordinances No. 534 and 630, incorporating the combination of administrative regulations pertaining to Animals Running at Large, and the Keeping and Control of Dogs, Cats, and Other Animals and Providing for the Control and Suppression of Rabies, respectively. The latter includes the detailed fee schedules to be charged by the County to members of the public who will utilize the services to be provided.

PREVIOUS COUNCIL ACTION:

1. September 12, 2023, the City Council voted to approve a professional service agreement with Riverside County Department of Animal Services to provide animal control services for the City of Hemet for a period of nine (9) months from October 1, 2023, to June 30, 2024, in an amount not to exceed $874,042.20.

2. September 12, 2023, the City Council voted to approve the waiver of full reading, introduce by title only (and the title of the code being adopted by ordinance), and schedule the ordinance for adoption following a public hearing at the next available regular meeting of the City Council.

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

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

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

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

FISCAL IMPACT:

The adoption of fees established by ordinance with Riverside County Ordinance Nos. 534 and 630 will not result in a fiscal impact on the City. These fees will be paid directly to the County by residents when they are in use of the Animal Control services provided by the Riverside County Department of Animal Services.

13.A

ATTACHMENT(S):

Attachment 1 Animal Control Ordinance
Attachment 2 Riverside County Ordinance 534
Attachment 3 Riverside County Ordinance 630

13.A

CITY OF HEMET ORDINANCE NO. XXXX 1

CITY OF HEMET

HEMET, CALIFORNIA
ORDINANCE NO. xxxx

AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF

HEMET, CALIFORNIA,

ADOPTING BY REFERENCE
TITLE 6 OF THE RIVERSIDE

COUNTY CODE OF

ORDINANCES (ORDINANCE
NOS. 534 AND 630) RELATED

TO ANIMAL CONTROL
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does find as follows:

WHEREAS, the City Council of the City of Hemet has
contracted with the County of Riverside to provide animal control enforcement and animal shelter services; and
WHEREAS, to ensure consistent and efficient
enforcement of law ordinances and regulations for animals, Section I(C)(3) of the contract for services with the County of Riverside requires that the City of Hemet adopt by reference County of Riverside Ordinance Nos. 534 and 630 which are codified as Riverside County Code of Ordinances Title 6 – Animals.

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

13.A

CITY OF HEMET ORDINANCE NO. XXXX 1
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 Ordinance.

SECTION 2. Repeal.

Articles I (General) and II (Dogs and Cats) of Chapter 10 (Animals) of the Hemet Municipal Code are hereby repealed.

SECTION 3. Adoption by Reference.

Section 10-1 of the Hemet Municipal Code is hereby
adopted to read as follows:

Sec. 10-1 Adoption by Reference.

Title 6 of the Riverside County Code of Ordinances
(Riverside County Ordinance Nos. 534 and 630) as codified in the Riverside County Code of Ordinances as Title 6, which establishes requirements and procedures for animal control, is adopted by reference in its entirety, including all
amendments effective as of the effective date of this
ordinance, and as may be amended in the future. The
provisions of this ordinance and Article III of this Chapter shall be enforceable by the Riverside County Department of Animal Services and any City employee or official listed in Section 1-23 of the Hemet Municipal Code.

SECTION 4. Local Amendments.

13.A

CITY OF HEMET ORDINANCE NO. XXXX 1
The Repeal described in Section 2 and Adoption by
Reference in Section 3 shall not be interpreted to amend, modify, repeal, or replace the provisions of Article III (Beekeeping) of Chapter 10 (Animals).

SECTION 5. Severability.

If any provision of this Ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid
provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

SECTION 6. Effective Date.

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

SECTION 7. Notice of Adoption.

The City Clerk shall publish this Ordinance in the manner required by law.

SECTION 8. CEQA.

The adoption of this ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to the following, each on a separate and independent basis:

13.A

CITY OF HEMET ORDINANCE NO. XXXX 1
CEQA Guidelines, Section 15378 (not a project) and Section 15061 (b)(3) (no significant environmental impact).

13.A

CITY OF HEMET ORDINANCE NO. XXXX 1
INTRODUCED at the regular meeting of Hemet City
Council on September 12, 2023.

APPROVED AND ADOPTED this 24 day of
October 2023.
_________________________
Joe Males, Mayor
ATTEST:
_________________________
John Paul Maier, City Clerk

13.A

CITY OF HEMET ORDINANCE NO. XXXX 1
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 Ordinance is the actual Ordinance adopted by the City Council of the City of Hemet and was passed at a regular meeting of the City Council on the 24th day of October 2023
AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: Council Members:
_________________________________
John Paul Maier, City Clerk

13.A

Ord. 534 – Page 1
ORDINANCE NO. 534
(AS AMENDED THROUGH 534.7)
AN ORDINANCE OF THE COUNTY OF RIVERSIDE AMENDING ORDINANCE NO. 534 PROHIBITING THE RUNNING AT LARGE OF DOMESTIC FOWLS OR

DOMESTIC ANIMALS OTHER THAN DOGS OR CATS AND PROVIDING FOR THEIR

IMPOUNDING, FORFEITURE AND DISPOSITION

The Board of Supervisors of the County of Riverside, State of California, do ordain as follows:

Section 1. DEFINITIONS . Whenever in this ordinance the words herein defined are used they shall have the respective meanings assigned to them in the following definitions:

a. "Animal" includes any domestic bovine animal, horse, mule, burro, sheep, goat, swine or other domestic animal except a dog or cat.

b. “Director” means the Director of the County of Riverside Depar tment of Animal Services or his/her duly authorized representative.

c. "Fowl" includes any chicken, duck, turkey, goose or other domestic fowl.

d. "At large" means off the premises of, and not under physical restraint, by, the owner or other person having charge of an animal.

Section 2. ANIMALS OR FOWLS AT LARGE PROHIBITED . No person owning or having charge of any animal or fowl shall permit the same to be at large on any highway, street, sidewalk, lane, alley or other public place, or upon any private property other than that of the person owning or having charge of such animal or fowl unless such owner or person having charge of such animal or fowl has the consent of the owner of the private property.

Section 3. EXEMPTION . This ordinance shall not prohibit leading, driving, riding or conducting animals under adequate supervision along a public highway.

Section 4. IMPOUNDING ANIMALS . Subject to the provisions contained in Section 14
herein, it shall be the duty of the Director to take up and impound all animals found at large upon any highway, street, sidewalk, lane, alley or other public place, or upon any private property. The Director may contract with any person to keep, feed and care for any such animal at reasonable rates fo r not more than twenty (20) days.

Section 5. DISPOSITION OF ANIMALS, RABID OR DISABLED . If it shall appear to the Director from the report of a Licensed veterina rian or other qualified person that an animal is afflicted with rabies, he shall humanely destroy such animal, and shall take such other action as may be required by law and as he deems necessary to prevent the spread of such disease. He may humanely destroy any sick, disabled, infirm or crippled animal found at large if he is unable to identify and loca te the owner.

Section 6. DISPOSITION OF BOVINE ANIMALS, HORSES, MULES OR BURROS .

Upon impounding of any bovine animal, horse, mule or burro, the Director shall comply

13.A

Ord. 534 – Page 2
with Food and Agriculture Code Section 17003 and im mediately notify the Secretary of Food and Agriculture.

Section 7. DISPOSITION OF OTHER ANIMALS . If any animal other than a domestic bovine animal, horse, mule, or burro, and except an animal afflicted with rabies, impounded by the Director, is not reclaimed within 2 days thereafter, it shall be sold by the Director after giving notice of sale in accordance with Section 8 of this ordinance.

Section 8. NOTICE OF SALE . The notice of sale shall contain a description of the animal, including any identifying marks or brands; the date and place where the animal was taken up; and the time and place of sale. At least 5 days prior to the sale of any impounded animal, the Director shall cause a copy o f the notice to be published in a newspaper circulated in the area where the animal was found, and shall mail a copy of the notice to the owner or person entitled to possession of the animal at his residence or place of business, if known.

Section 9. SALE OF ANIMALS . At the time and place set forth in the notice of sale, the Director shall sell the impounded animal at public sale, to the highest bidder, for cash.

If no bid is offered for such animal, the Director may sell such animal at private sale or humanely destroy such animal, or otherwise dispose of it as permitted by law.

Section 10. PROCEEDS OF SALE . The proceeds of such sale, after first deducting fees and charges of the Director, including costs of sale, shall be paid by the Director to the County Treasurer who shall pay then over to the own er of such animal sold if claimed within one year thereafter. If not so claimed, they shall be transferred into the general fund of the County.

Section 11. REDEMPTION OF ANIMALS BY THE OWNER . The owner or person entitled to possession of any animal impounded, may at any time before the sale or other disposition thereof, redeem the same by paying the Director all fees and charges thereon.

Section 12. COSTS OF REDEMPTION. The Director shall charge and collect from each person redeeming an impounded animal the actual costs of transporting the animal to impound, the actual costs of veterinary a nd related services rendered to the animal while impounded, the actual costs of sale in curred, the actual costs of any extraordinary measures required in or for the handling and maintenance of the animal while impounded, and in addition thereto, the follo wing fees set forth below:

1. For the maintenance of swine, goats and sheep: p er animal, for each day of impoundment - $12.00

2. For the maintenance of horses and cattle: per an imal, for each day of impoundment - $20.00

3. For the maintenance of ponies: per animal, for e ach day of impoundment - $20.00

4. For the maintenance of fowl: per animal, for eac h day of impoundment - $5.00

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5. For the taking up of large sized animals, such a s horses, cattle, and ponies: per animal - $75.00

6. For the taking up of medium sized animals, such as swine, goats, and sheep: per animal - $60.00

7. For the taking up of small sized animals, such a s rabbits and guinea pigs: per animal - $5.00

8. For the taking up of animals after normal busine ss hours - $90.00 per hour. This after hours fee is in addition to any other applica ble fees set forth in this ordinance.

The fees set forth in this section shall be in effe ct until the Board of Supervisors shall by ordinance fix some other fee upon the basis of a co st analysis as determined by the County Auditor- Controller.

Section 13. AUTHORIZATION TO ENTER UPON PRIVATE PROPERTY .

Notwithstanding any provisions contained in this ordinance relating to the entry upon private property for any purposes hereunder, no such entry may be conducted (a) without the consent of the property owner or the person having lawful possession thereof, or (b) unless an inspection warrant has been issued and the entry is conducted in accordance with Code of Civil Procedure Sections 1822.50 through 1822.56, inclusive, or (c) except as may otherwise be prescribed by law.

Section 14. IMPOUNDMENT HEARING . At least three (3) working days prior to the impoundment of any animal, notice shall be given in person to, or by mail to the last known address of, the owner or person entitled to possess ion thereof of his or her right to a hearing as to whether or not such impoundment is justified. If the owner or person entitled to possession thereof requests a hearing prior to impoundment, no impoundment shall take place until the conclusion of the hearing except as provided herein. If in the opinion of the Director, immediate impoundment is necessary for the preservation of the public health or safety, the pre-impoundment hearing may be dispensed with; provided, however, in such cases the owner or person entitled to possession thereof shall be given three (3) working days notice as provided herein of his or her right to a hearing. If a hearing is requested, the hearing shall be held within five (5) days of t he request, and the animal shall not be sold, destroyed or otherwise disposed of prior to the conclusion of the hearing. Notice of the time, date and place of the hearing shall be gi ven to the owner or person entitled to possession thereof. If, at the end of the hearing, the impoundment is found to be unjustified, the animal shall be returned to the ow ner or person entitled to possession thereof without charge.

Section 15. FORFEITURE AND DISPOSITION.
a. Upon the conviction of a person of a violation of this ordinance, all animals lawfully seized and impounded with respect to the violation by a Peace Officer or an Animal Control Officer, shall be adjudged by the Co urt wherein the conviction took place to be forfeited and shall thereupon be awarde d to the Impounding Officer for disposition in accordance with the written Policy on Disposition of Impounded Animals adopted by the Board of Supervisors.

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b. Any animals adjudged forfeited under the provision s of Penal Code Section 597, shall be disposed of in accordance with the written Polic y on Disposition of Impounded Animals adopted by the Board of Supervisors.

Section 16. REMEDIES AND PENALTIES IN ORDINANCE 630 . The additional remedies, penalties and procedures for violation of this Ordinance and for recovery of costs related to enforcement provided for in Ordina nce 630 are incorporated by this reference.

This Ordinance shall take effect thirty (30) days after its adoption.

Adopted:
534 08/17/1971 (Eff: 09/16/1971)

Amended:
534.1 01/27/1976 (Eff: 02/25/1976)
534.2 02/03/1981 (Eff: 03/04/1981)
534.3 Item 3.5 01/03/1985 (Eff: 02/02/1985) (Ope r.: 03/01/1985) 534.4 Item 3.2 of 02/21/1989 (Eff: 03/23/1989)
534.5 Item 3.3 of 12/11/1990 (Eff: 01/10/1991)
(798) (Item 3.5 of 10/26/1999) (Eff: 11/25/1999 - Amends Sec. 6) 534.6 Item 9.8 of 12/11/2007 (Eff: 01/10/2008)
534.7 Item 9.10 of 07/14/2009 (Eff: 08/13/2009)

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ORDINANCE NO. 630
(AS AMENDED THROUGH 630.19)
AN ORDINANCE OF THE COUNTY OF RIVERSIDE AMENDING ORDINANCE NO. 630

REGULATING THE KEEPING AND CONTROL OF DOGS, CATS, AND OTHER ANIMALS AND

PROVIDING FOR THE CONTROL AND SUPPRESSION OF RABIES

The Board of Supervisors of the County of Riverside Ordains as follows:

Findings:

Because of the increased urbanization of Riverside County the County has experienced increasing numbers of dogs and other animals being kept in close proximity to humans including children.

1. The keeping of dogs and other animals in close proximity to adults and children has resulted in increased incidents of attacks, biting and menacing behavior by such dogs and other animals.

2. These incidents now present a public health and safety problem to the residents of this County.

The increased numbers of cases have resulted in painful and/or serious injuries to adults and children, death and injuries to other animals, attendant economic losses to County residents, and anxiety to those bitten b y unlicensed animals whose vaccination status is therefore not established.

3. In an attempt to bring this problem under control, it is necessary to (1) increase the total number of animals which are licensed and thus properly established to have been vacc inated against rabies and (2) encourage the spaying and neutering of animals, which (a) reduces the number of strays at large and not safely confined, (b) reduce the aggressiveness and number of animals at large, and (c) reduces the financial cost to taxpayers of animal control services.

Section 1 DEFINITIONS:

Whenever, in this ordinance or in any resolution or standard adopted by the Board of Supervisors pursuant to this ordinance, the following terms are used, they shall have the meaning ascribed to them in this section unless it is apparent for the context thereof that some other meaning is intended.

a. Altered. A male animal that has been neutered or a female animal that has been spayed. Also referred to as a sterile animal.

b. Animal Rescuer . Any individual possessing a rescue permit from the Department of A nimal Services, who routinely obtains a dog or cat from the rightful owner of said animal, or any animal from an animal shelter that has been retained in accordance with this ordinance.

c. Animal Rescue Operation . Any building, structure, enclosure or premises run by an Animal Rescuer, whether or not a valid nonprofit corporation formed pursuant to the provisions of the California Corporations Code for the prevention of cruelty to animals, which meets all requirements and standards referred to in Section 6 of this ordinance.

d. Animal Services Director. The Director of the Department of Animal Services of the County of Riverside or his duly authorized representative.

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e. At Large. Any dog which is off the premises of its owner, custodian or caretaker and which is not under physical restraint by a leash of a size and material appropriate to the size and temperament of the dog and which is held by a person capable of restraining such a dog, or is not otherwise physically re strained by some other device or instrumentality, except that such device or instrumentality shall not include voice control, eye control or signal control of the dog by any person, device or instrumentality.

Any dog which is on the premises of its owne r, custodian or caretaker which is not being maintained by physical restraint, fence, kennel, voice command, or in such a way that the animal may not leave the property of the owner; or that persons without permission, may not wander into the confined area of the dog without intentional trespass.

A dog engaged in hunting actives, including training, is not required to be on a leash when it is being controlled by the hunter/guardian within the areas designated for the use of firearms by Ordinance 514. The hunting dog must be rabies vaccinated and licensed in the jurisdiction of origin. The hunter/guardian must be in compliance with all local ordinances, and state laws and regulations relating to hunting and the keeping of animals when the hunting dog(s) is in engaging in training or hunting activities. The actively hunting dog is not considered a dog running at large.

Hunting dogs must be on a leash when not participating in hunting or training actives.

f. Cattery. Any building, structure, enclosure or premises whereupon, or within which, ten (10) or more cats, four (4) months of age or older, are kept or maintained.

g. Class I Kennel. Any building, structure, enclosure, or premises whereupon, or within which, five (5) to ten (10) dogs, four (4) months of age or older, are kept or maintained. A Class I Kennel shall not include a Sentry Dog Kennel or an Animal Rescue Operation that meets the definition and requirements set forth in this ordinance.

h. Class II Kennel . Any building, structure, enclosure, or premises whereupon, or within which, eleven (11) to twenty-five (25) dogs, four (4) months of age or older, are kept or maintained.

i. Class III Kennel . Any building, structure, enclosure, or premises whereupon, or within which, twenty-six (26) to forty (40) dogs, four (4) months of age or older, are kept or maintained.

j. Class IV Kennel . Any building, structure, enclosure, or premises wh ereupon, or within which, forty-one (41) or more dogs, four (4) months of age or older, are kept or maintained.

k. Community. Any public entity which is authorized by law to regulate and control dogs or cats or both.

l. County Animal Control Ordinances. This term shall include Riverside County Ordinance nos. 534, 560, 630, 716, 771, 817, 818, 878 and 921.

m. Custodian. Any person who intentionally provides care or sustenance for any animal, including but not limited to a dog or cat, on behalf of another, or represents the interests of the owner.

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n. Department. The Riverside County Department of Animal Services.

o. Director. The Director of the County of Riverside or his/her duly authorized representative.

p. Exigent Circumstances. Circumstances in which the officer, in his/her reasonable judgment, determines that a life threatening or serious injury may occur if immediate acti on is not taken, i.e., animal may die if not immediately transported to a veterinarian, or animal may bite and seriously injure a human or animal if not immediately impounded, or animal may die if officer does not immediately enter property and rescue, etc.

q. Exotic Animal. Exotic animal is defined as any animal which is not normally domesticated in the United States including, but not limited to any lion, tiger, bear, non -human primate (monkey, chimpanzee, etc.), wolf, coyote, cougar, bobcat, ocelot, wildcat, skunk, boa, python, reptile, amphibian, bird, or venomous snake, irrespective of its actual or asserted state of docility, tameness or domesticity.

r. Guide Dog. Any dog trained or being reared, trained or used for the purpose of guiding a blind person.

s. Hybrid Animal. Any animal which is part wild animal and is capable of transmitting rabies, except livestock hybrids, and for which no rabies prophylaxis is recognized or authorized by the State of California.

t. Impounded. Having been received into custody of any animal control center, animal control officer, animal control vehicle, or peace officer duly authorized by the County of Riverside to receive such animal.

u. Incapable of Breeding . Any dog or cat which has been examin ed by a California licensed Veterinarian and determined to not be capable of reproducing. A certificate of Sterility, signed by the veterinarian must be provided upon demand.

v. Owner. Any person who intentionally provides care or sustenance for any anima l, including but not limited to a dog or cat, for any period exceeding a total of thirty days.

w. Person. Any individual, firm, business, partnership, joint venture, corporation, limited liability company, profit or non-profit association, club or organization.

x. Public Entity. Any state, or any political subdivision, municipal corporation; profit or non-profit or agency thereof.

y. Sentry Dog. Any dog trained to work without supervision in a fenced facility and to deter or detain unauthorized persons found within the facility. The term “guard dog” shall also mean “sentry dog”.

z. Sentry Dog Kennel. Any building structure, enclosure, or premises whereupon, or within which, five (5) or more guard or sentry dogs are kept or maintained.

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aa. Service Dog. Any dog being reared, trained or used for the purpose of fulfilling the particular requirements of a physically disabled person, including but not limit ed to minimal protection work, rescue work, pulling a wheelchair or fetching dropped items.

bb. Signal Dog. Any dog trained or being reared, trained or used for the purpose of alerting a deaf person or a person whose hearing is impaired, to intruders or sounds.

cc. Unaltered and Unspayed. A dog or cat, four (4) months of age or older, that has not been spayed or neutered. A condition , that exists, in an animal which permits the producing of offspring.

dd. Unlicensed Dog. Any dog, for which, no valid license is currently in force.

ee. Vaccination. An inoculation against rabies of any dog or cat, three (3) months of age or older, with any vaccine prescribe for such purpose by the California Department of Health Services.

ff. Veterinarian. A person holding a current valid license to practice veterinary medicine issued by the State of California pursuant to Chapter 11 of the California Business and Professions Code.

gg. Vicious Dog/Vicious Cat . Any dog or cat which has bitten a person or animal without provocation or direction or which has a disposition or propensity to attack or bite any person or animal without provocation or direction.

hh. Wildlife. Any creature, whether or not raised in captivity, normally found in a wild state.

Section 2- MANDATORY DOG LICENSING AND VACCINATION:

a. Except as provided in Section 5, Subsection (a) of this Ordinance, it is unlawful for any person to own harbor or keep any dog, four (4) months of age or older, within the unincorporated area of the County, for a period longer than thirty (30) days, unless a currently valid license tag has been issued by the Director or any agency authorized by the County of Riverside for such purpose and said tag is displayed upon the dog’s collar pursuant to section 30951(b) of the California Food and Agriculture Code.

b. It is unlawful for any person to own, harbor or keep any dog, three (3) months of age or older, within the unincorporated area of the County of Riverside, for a period longer than thirty (30) days, which has not been vaccinated against rabies. Every person in the unincorporated area of the county who owns, harbors or keeps any dog over three (3) months of age for a period longer than thirty (30) days shall have such dog vaccinated against rabies as provided herein, by a veterinarian of their choice, and such vaccination shall be renewed in accordance with the applicable laws and regulations of the State of California.

c. Each veterinarian, after vaccinating any dog, shall sign a certificate of vaccination on the form required by the Director. The veterinarian shall keep one (1) copy, Shall give one (1) copy to the owner of the vaccinated dog and shall send one (1) copy to Department. The

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veterinarian shall contact the Director and arrange a mutually agreed upon method of delivery of the certificates of vaccination by mail, electronic transmission, or personal delivery. The failure to remit the mandatory certificate of vaccination to the Department may result in an administrative citation pursuant to Section 22 of this ordinance.

d. The Director shall issue a license only upon presentation of a certificate of vaccination indicating therein that the date of the expiration of the vaccination immunity is not earlier than the date of expiration of the license being issued or renewed, and upon payment of the applicable license fee as set forth in Section 24 of this ordinance; provided, however, that where the vaccinated dog is between the ages of three (3) months and twelve (12) months, the period of vaccination immunity required for licensing shall be specified in Title 17, California Administrative Code, Section 2606.4.

e. Notwithstanding the provisions of Section 2, Subsections (b) and (d) of this Ordinance, in the event a dog has a short-term illness, is pregnant, or suffers from a long-term debilitating illness which in the opinion of a veterinarian contraindicates vaccin ation for rabies, such dog shall not be required to undergo vaccination during the period of such illness or pregnancy where a request for vaccination deferral has been approved by the Director. Such request shall specify the duration of the requested deferral, the reason for the requested deferral, and shall be signed by a veterinarian. The rabies exemption application shall be reviewed upon payment of a non-refundable application fee as set forth in Section 24 of this Ordinance. The Director shall issue a license for such dog upon approval of the request for vaccination deferral and payment for the applicable license fee as adopted by the Board of Supervisors.

The owner or person having custody of such dog shall confine and shall keep such dog confined, for the duration of the deferral. Within fourteen (14) days after the expiration of the deferral, the owner or person having custody of such dog shall present to the Director a certificate of vaccination in accordance with the provisions of Section 2, subsection (d) of this Ordinance.

f. Subject to the provisions of Section 2 of this Ordinance, one, two, or three year licenses shall be issued upon payment of the license fees as set forth in Section 24 of this Ordinance, including any applicable online and cre dit card processing fees. The fee for Dangerous/Vicious Animal Registration, as required by Ordinance No. 771, shall be in the amount set forth in Section 24 of this Ordinance and shall be addition to any license fee.

g. Any “assistance dog” such as a guide dog, signal dog or service dog as defined in California Food and Agriculture Code, Section 30850 (a), if such dog is in the possession and under the control of, in the case of a guide dog, a blind person, or in the case of a signal dog, a deaf or hearing impaired person, or in the case of a service dog, a physically disabled person, or where such dog is in the possession and under the control of a bona fide organization having as its primary purpose the furnishing and training of guide dogs for the blind, signal dogs for the deaf or hearing-impaired, or service dogs for the physically disabled, is required to obtain an assistance dog identification tag and a current license. The current license tag and assistance dog tag must be affixed to the dog’s collar . The assistance dog identification tag will only be provided when the owner provides proof of a current license, submits the application for the tag and provides a signed affidavit that meets the requirements of California Food and Agriculture Code, Secti on 30850 (b). The assistance dog identification tag will be provided at no fee.

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h. No fee shall be required for a license for any dog owned by a public entity.

i. Each license specified in Section 2 of this Ordinance shall be valid for the period specified in Section 2 and shall be renewed within thirty (30) days after such period terminates, except that where the current vaccination for the dog which is the subject of the license shall expire prior to the expiration date of the license being applied for, the Director may upon request of the owner or custodian of such dog, backdate such license so that its expiration date occurs concurrent with or prior to the expiration date of the vaccination; provided, however, that where such backdating is performed, there shall be no reduction or discount of the license fee applicable to the license applied for, and such license shall be renewed within thirty (30) days after the date of its expiration.

j. If an application for a license is made more than thirty (30) days after the date a dog license is required under this Ordinance, the applicant shall pay a late fee in the amount set forth in Section 24 of this Ordinance. The late fee shall be in addition to the applicable license fee.

k. Whenever a dog validly licensed under this Ordinance shall have died more than three (3) months before the expiration date of the license, the owner of such dog may return the license tag to the Director, accompanied by a statement signed be a vet erinarian or a declaration signed under penalty of perjury by the owner, indicating that such dog is dead and specifying the date of death. In such event, the license shall be canceled and a pro -rata credit of the license fee by full calendar quarters of the original license period remaining after the death of the dog may be applied during said remaining period to the license fee for another dog acquired by the same owner.

l. Upon transfer of ownership of any dog validly licensed under this Ordinance, the new owner shall notify the Director of such transfer within thirty (30) days of such transfer, on a form prescribed by the director, accompanied by a transfer fee in the amount set forth in Section 24 of this Ordinance. This subsection shall also apply upon transfer of ownership of any dog that was captured under Section 10 of this Ordinance.

m. Notwithstanding the provisions of Section 2, Subsection (a) of this Ordinance, when a person moves into the unincorporated area of the County from another community who owns a dog which is currently vaccinated against rabies and for which dog a license was issued by such other community, such license from another community shall be deemed valid for a period of one (1) year from the date such person moves into the unincorporated area of the County or on the date of expiration of the license issued by such other community, whichever is earlier.

If an application for a license from the Director is made more than thirty (30) days after such license is required, the applicant shall pay a new resident dog license late fee in the amount set forth in Section 24 of this Ordinance, in addition to the applicable license fee.

n. If a valid license tag is lost or destroyed, a duplicate thereof may be procured from the Director upon submission to the Director of a statement signed by the owner of the dog containing the date and circumstances of such loss or destruction and the payment of a replacement tag fee in the amount set forth in Section 24 of this Ordinance.

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o. Upon request of the director, any owner of a dog for which a license is required under the provisions of this chapter shall present to the Director a currently valid certificate of rabies vaccination or license tag.

p. It shall be unlawful for any person to make use of a stolen, counterfeit or unauthorized license, tag, certificate or any other document or thing for the purpose of evading the provisions of this Ordinance.

Section 3 CONTROL OF UNSPAYED AND UNALTERED CATS:

a. It shall be unlawful for any person who owns, harbors, or keeps any unspayed or unaltered cat four (4) months of age or older within the unincorporated area of Riverside County to allow or permit such unspayed or unaltered cat to be or remain outdoors in s uch unincorporated areas.

b. The Director of Animal Services will take steps to mitigate the impact of feral cat populations in compliance with law which.ch may include spay and neuter services.

Section 4 OPTIONAL LICENSING FOR CATS:

An owner of a cat may be issued a license and tag for such cat upon presentation to the Director of a certificate of vaccination signed by a veterinarian certifying that such a cat has been vaccinated, and upon the payment of an optional cat license fee in the amount s et forth in Section 24 of this Ordinance. Said license shall be valid for the period of immunity indicated in the certificate of vaccination.

Section 5 MANDATORY LICENSING OF KENNELS AND CATTERIES:

a. Any person maintaining five (5) or more dogs, four (4) months of age or older, shall obtain the appropriate Kennel License. Any person maintaining ten (10) or more cats, four (4) months of age or older, shall obtain a Cattery License.

b. No person shall operate or maintain a Class I Kennel, Class II Kennel, Class III Kennel, Class IV Kennel, Sentry Dog Kennel or Cattery, as defined in Section 1 of this ordinance, without first obtaining verification from the Riverside County Planning Department that the operation of the kennel or cattery is in complia nce with applicable provisions of Riverside County Ordinance No. 348 and obtaining the appropriate license from the Department.

c. Application for a kennel or cattery license shall be filed with the Director on a form prescribed by him/her not later th an ten (10) days after obtaining written verification from the Riverside County Planning Department that the operation of the kennel or cattery is in compliance with applicable provisions of Riverside County Ordinance No. 348. Said application form, when completed, shall contain such information as may reasonably be required by the Director for the purposes of enforcement of this Ordinance, including but not limited to:

1. The verification issued by the Riverside County Planning Department that the operation of the kennel or cattery is in compliance with Riverside County Ordinance No. 348;

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2. The current home telephone number of the caretaker of the subject kennel or cattery and another current telephone number for emergency use or messages when such caretaker is absent for the subject kennel or cattery.

3. Where a kennel or cattery is sought to be operated upon leased or rented premises, a letter of consent from the owner of t he premises to the effect that the kennel or cattery may be maintained and operated on such premises shall be submitted to the Director at the time the application for the kennel or cattery license is submitted.

d. Such a license shall be valid for a pe riod of either one (1) or two (2) years from the date of issuance. Said license shall be renewed within thirty (30) days after the date of expiration.

Where a kennel license has been issued and is in effect, the dogs contained in such kennel shall be exempt from the requirements of individual license tags as provided in Section 2 of this Ordinance. Class I Kennel, Class II Kennel, Class III Kennel, Class IV Kennel, Sentry Dog Kennel, and Cattery License fees shall be in the amount set forth in Section 24 of this Ordinance as set forth below, including any applicable late fees. If an application for a license or renewal of a license is made more than thirty (30) days after such license is required or such previous license has expired a late fee of fifty perce nt (50%) of the applicable fee shall be added.

e. After receipt of a kennel or cattery license application, the Director, or his designee, shall make an inspection of the premises of the kennel or cattery for which a license is requested.

No kennel or cattery license shall be issued nor shall any such license be renewed, unless and until the kennel or cattery, in the opinion of the Director, satisfies the applicable laws and regulations of the State of California, the applicable ordinances of the County of Riverside and the applicable conditions set forth in the Standards for Kennels and Catteries adopted by resolution of the Board of Supervisors. Notwithstanding any other provision of this ordinance, the Director or the Riverside County Planning Director may, in their respective discretion, limit the number of dogs or cats over the age of four (4) months which are kept or maintained in any kennel or cattery, and such limitation may be imposed at such time as an application for an initial kennel or cattery license is considered or at such time as an application for renewal of a kennel or cattery license is considered.

f. Notwithstanding any other provision of this ordinance, the Director, or his designee, is hereby authorized to enter upon and inspect the premises of any kennel or cattery located in the County of Riverside for the purpose of determining whether such kennel or cattery is in compliance with the provisions of this ordinance and the Standards for Kennels and Catteries referred to in Section 5, Subsection (e) of this ordinance. As a condition of the issuance of a kennel or cattery license, each owner and operator of a kennel or cattery shall agree to allow such entry and inspection and such agreement shall be made a part of the license application.

Such inspections shall be made during reasonable hours at times when the owner or operator of the kennel or cattery is present on the kennel or cattery premises, and with such frequency as the Director shall deem appropriate, and such inspections may, at the discretion of the Director, be made without prior notice to the owner or operator of the subject kennel or cattery.

Willful refusal on the part of a kennel or cattery owner or operator to allow such inspection shall be grounds for summary denial of an application for a kennel or cattery license or for summary suspension or revocation of a kennel or cattery license.

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Section 6 ANIMAL RESCUER:

a. Any per son engaged in the rescue of animals, shall first obtain a rescue permit from the Department and shall meet all requirements and standards for a kennel/cattery license.

1. For an animal rescuer that is not a valid nonprofit corporation formed pursuant to th e provisions of the California Corporations Code commencing with Section 10400 for the prevention of cruelty to animals, the animal rescuer may keep two (2) dogs with a rescue permit and no minimum land requirement so long as all other requirements and standards for a kennel license, referred to in Section 5, Subsection (c) of this Ordinance, are met.

2. For an animal rescuer that is a valid nonprofit formed pursuant to the provisions of the California Corporations Code commencing with Section 10400 for the prevention of cruelty to animals, the animal rescuer may maintain up to ten (10) dogs with a rescue permit and no minimum land requirement so long as all other requirements and standards for a kennel license are met. Such animal rescuer shall not need to obtain a Class I Kennel permit.

3. For an animal rescuer maintaining eleven (11) or more dogs a clas s II Kennel License is required, and the minimum land requirement shall be one acre.

4. For an animal rescuer maintaining ten (10) or more cats a Cattery License is required, and the minimum land requirement shall be one acre.

b. The fee for any rescue permit required under this Section shall be in the amount set forth in Section 24 of this Ordinance and shall be valid for a period of either one (1) or two (2) years from the date of issuance depending upon the permit fee paid. If an application f or a rescue permit is made more than thirty (30) days after such rescue permit is required or such rescue permit has expired a late fee of fifty percent (50%) of the applicable fee shall be added.

c. Animal rescuer may keep a maximum of four (4) personal (not for adoption or sale) dogs and nine (9) personal (not for adoption or sale) cats and must include these animals as “personal pets” on the animal rescue permit application. These animals are included in the overall count that will change the category t o class II Kennel permit for 11 dogs or more and a cattery license for 10 or more cats.

d. Personal dogs (not for sale or adoption) shall be individually licensed in accordance with this ordinance.

e. A permitted animal rescuer obtaining animals from a shelter facility pursuant to Section 11, subsection (g) of this Ordinance, shall not be subject to the payment of impound fees and charges specified in Section 11 but may be subject to the spay or neuter deposit specified in Section 12, subsection (a) of this Ordinance.

f. All rescued dogs and rescued cats older than four (4) months must be spayed/neutered prior to releasing to an adopting party. In any event, the animal must be altered within 30 days of receipt by the rescuer.

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g. Accurate and complete records of all animals shall be maintained by the animal rescuer on forms which will be made available to Department for inspection upon request.

h. An animal rescuer may recoup, from the adopting party, the cost of any inoculations, the cost incurred by having the animal altered prior to adoption, and any costs related to the treatment of illness or injury.

i. Administration of the Animal Rescue Program shall be the responsibility of the Animal Services Director who shall have authority to issue and revoke animal rescue permits.

Section 7 DENIAL, SUSPENSION, REVOCATION AND APPEAL OF KENNEL OR CATTERY LICENSE:

a. The Director may, in his/her discretion, deny any application for a kennel or cattery license whether such application is for an original license or renewal of a license, and may suspend or revoke any kennel or cattery license if he finds that a kennel or cattery fails to meet any or all of the Standards for Kennels and Catteries referred to in Section 5, Subsection (c) of this ordinance or is in violation of any law of the State of California or any provision of this Ordinance, any provision of any other County ordinance or provision of a Conditional Use Permit.

b. When such denial, suspension or revocation occurs, the Director shall prepare a written notice of such denial, suspension or revocation which shall contain a brief statement of the reason of reasons for such denial, suspension or revocation. The Director shall serve such notice upon the applicant or licensee by hand delivery or by registered or certified mail, postage prepaid, return receipt requested. Denial, suspension or revocation shall be effective thirty (30) days after service of such notice. Where an application for a kennel or cattery license is denied or where a kennel or cattery license issued pursuant to this Ordinance is revoked, no application for a new license for such kennel or cattery shall be considered for a period of one (1) year from the effective date of such denial or revocation; provided, however that for good cause shown the Board of Supervisors may direct there be a lesser period of time before such application will be considered.

c. Any person whose application has been denied or whose license has not been renewed, or whose license has been suspended or revoked, may appeal such denial, non -renewal, suspension or revocation by filing with the Clerk of the Board of Supervisors within fifteen (15) days after notice of such denial, sus pension or revocation, a written notice of appeal briefly setting forth the reasons why the appellant alleges such denial, non -renewal, suspension or revocation is improper. Within five (5) days of the receipt by the said Clerk of such notice of appeal, the Clerk shall set a hearing date for the appeal and shall give written notice of the date, time and place of such hearing to the appellant, and such notice shall be sent by registered or certified mail, postage prepaid, return receipt requested. The date of hearing shall be not less than twenty (20) business days from the date of the mailing of the notice of the date, time and place of the hearing, and the hearing shall be conducted not later than forty-five (45) business days from the date of the mailing of the notice of denial, non-renewal, suspension or revocation; provided, however, that at the request of the appellant, the Clerk of the Board may extend the hearing date for a reasonable period beyond the aforementioned forty-five (45) business day limit. The appeal shall be heard by the Board which may affirm,

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modify or reverse the denial, non -renewal, suspension or revocation. In conducting the hearing, the Board of Supervisors shall not be limited to technical rules relating to evidence & witnesses, as applicable in courts of law. To be admissible, evidence shall be of the type upon which responsible persons are accustomed to rely in the conduct of serious affairs.

During the pendency of the appeal, there shall be in effect an automatic stay of th e denial, non-renewal, suspension or revocation; provided, however, that during said period of pendency the Director may take such action as he/she deems appropriate including but not limited to the abatement of public nuisances, inspection of the kennel or cattery premises, or the prosecution of any violation of the Ordinance or any other provision of law not related to the failure of the subject kennel or cater to be currently and otherwise validly licensed.

Section 8 DUTIES AND POWERS OF OFFICERS:

1. It shall be the duty of all peace officers within the County of Riverside, to cooperate with and assist the Animal Services Director in the enforcement of the provisions of this Ordinance, and in the enforcement of California State law relating to the re gulation, care and/or keeping of animals, and such peace officers and the Animal Services Director/designee shall be empowered to:

a. Receive, take up and impound any dog or other animal found running at large in violation of this Ordinance, any other ordinance or of any law of the State of California.

b. Issue a warning notice for, citation for, or investigate any violation of any provision of any County ordinance or California law regarding the care or keeping of animals.

c. Investigate whether a dog is licensed in compliance with the requirements of this Ordinance.

d. Seize and impound any animal as authorized by this Ordinance or any other ordinance or state law. When the animal to be taken or seized is located inside a pri vate residence or in its curtilage, a judicial order directing seizure of the animal shall, absent exigent circumstances, be obtained prior to seizure.

e. Regularly and adequately feed, water and otherwise care for any animals impounded under the provisions of this Ordinance, other ordinance or state law or to provide for such feeding and/or watering and care.

f. Follow the provisions of the Riverside County Ordinance number 716 in humanely destroying or giving emergency care to sick or injured animals.

2. Any Peace Officer, Riverside Animal Services Department Officer, and Animal Services Director, charged with the responsibility for enforcement of the provisions of this Ordinance, or any other ordinance, or state law governing animals may arrest a person without warrant whenever he/she has reasonable cause to believe that the person to be arrested has committed an infraction or misdemeanor in his/her presence, or a felony which is in violation of this Ordinance or othe r ordinance governing animals or California law regulating the care and/or keeping of animals.

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3. In any case in which a person arrested, does not demand to be taken before a magistrate: 1) regarding any infraction, such officer or employee making the arres t shall prepare a written Notice to Appear and shall release the person on his/her promise to appear, as prescribed by Section 853.5 of the California Penal Code; 2) Regarding a misdemeanor, such officer or employee may prepare a written Notice to Appear a nd may release the person on his/her written promise to appear, as prescribed by California Penal Code Section 853.6.

Section 9 ENTRY UPON PRIVATE PROPERTY:

Unless otherwise prohibited by law, all persons whose duty it is to enforce the provisions of this Ordinance are hereby empowered to enter upon private property, where any dog, cat or animal is kept or reasonably believed to be kept, for the purpose of ascertaining whether such animal is being kept in violation of any provision of this Ordinance, other ordinance governing animals, or California State law relating to the regulation, care and/or keeping of animals.

Notwithstanding any provision in this Ordinance relating to entry upon private property for any purpose under this Ordinance, no such entry may be conducted: (a) without the express or implied consent of the property owner or the person having lawful possession thereof, or (b) unless an inspection warrant has been issued and the entry is conducted in accordance with California Code of Civil Procedure, Sections 1822.50 through 1822.56, inclusive, or (c) except as may otherwise be expressly or impliedly permitted by law.

Section 10 CAPTURE OF DOGS RUNNING AT LARGE:

In the interest of public health and safety, it shall be lawful for any person to take up, in a humane manner, any dog running at large in violation of this Ordinance and to promptly deliver such dog to the Animal Services Director.

Notwithstanding any provision in this Ordinance, dogs that are actively engaged in hunting and training activities under the control of its hunter/guardian in the areas designated for the use of a firearm by Ordinance 514 are not required to be on a leash and are not to be considered dogs running at large. The hunting dog must be rabies vaccinated and licensed in the jurisdiction of origin.

The hunter/guardian must be in compliance with all local ordinances, and state laws and regulations relating to hunting and the keeping of animals when the hunting dog(s) is in engaging in training or hunting activities. Hunting dogs must be on a leash when not participating in hunting or training actives.

Section 11 IMPOUNDED DOGS AND CATS AND SERVICE FEES:

a. An impounded animal may be redeemed only upon payment of the impound fees described Section 24 of this Ordinance, plus the actual costs of transporting the animal to impound, the actual costs of veterinary and related services rendered to the animal while impoun ded, the actual costs of sale incurred, the actual costs of any extraordinary measures required in of for the handling and maintenance of the animal while impounded, and any applicable processing fees set forth in Section 24 of this Ordinance including if there is a related Administrative Citation or approved payment plan. The amount of the impound fees shall be dependent upon whether or not the impound is the first, second, or third offense for the animal. For any impounded unaltered animal, a State Mand ated Unaltered fine fee shall also be paid in the amounts described in Section 24 of this Ordinance.

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b. The fee for destruction and disposal of any dog, cat or other small animal in accordance with any provision of this Ordinance shall be in the amount set forth in Section 24 of this Ordinance.

c. The fee for destruction and disposal of any horse, donkey, burro or other large animal in accordance with any provision of this Ordinance shall be in the amount set forth in Section 24 of this Ordinance.

d. Any dog, four (4) months of age or older, which has been impounded shall not be released from impoundment unless it is licensed in accordance with the provisions of this Ordinance.

e. An officer acting under the provisions of this Ordinance who impounds a dog or cat pursuant to Section 8, subsection 1. (a) or 1. (d) of this Ordinance, shall give written notice of the impound by first class mail, postage prepaid, to the identified address on the animal or last known owner address provided in County records, if the dog or cat is: 1) wearing a dog or cat license tag, 2) wearing any other identification tag containing an address, or 3) is microchipped. If such dog or cat is not redeemed within ten (10) calendar days from the date of the mailing of such notice, the officer having custody of the dog or cat shall dispose of it in accordance with the provisions of Section 11, subsection (h) of this Ordinance, or shall humanely destroy such dog or cat.

f. Upon impounding a stray dog pursuant to subsections a. or d. of Section 8 of this Ordinance or impounding a stray cat, the holding period for such stray dog or cat shall be in accordance with State law, as in Food and Agricultural Code sections 31752 and 31108 or other such applicable State law, as amended from time to time.

g. The officer having custody of any impounded dog, cat or other animal may, by humane methods, summarily destroy such dog, cat or other animal if: 1) the animal is suffering from any incurable, dangerous or contagious disease, providing a veterinarian shal l certify, in writing, that such animal is so suffering; or, in the officers best judgment it would be inhumane and cause needless suffering to prolong the life of the animal in order to see a veterinarian or, 2) It is an unlicensed vicious dog, cat or other animal.

h. Any officer having in his custody any unredeemed, impounded dog or cat may release such dog or cat to any adult individual upon payment by that individual of the impound fees and charges specified in subsection (a) of this Section and in the amount set forth in Section 24 of this Ordinance, or to a nonprofit corporation formed under the provisions of California Corporations Code commencing with Section 10400 for the prevention of cruelty to animals or to a nonprofit organization formed und er the laws of the State of California for the prevention of cruelty to animals, for such placement as such nonprofit corporation or nonprofit organization may choose. Releases of dogs or cats to such nonprofit corporations or nonprofit organizations pursuant to Subsection (h) of this Section shall not be subject to the payment of impound fees and charges specified in Subsection (a) of this Section.

i. It shall be unlawful for any person to remove an impounded animal from an animal control Shelter or Animal C ontrol transport vehicle without the permission of the officer in charge thereof.

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j. Animal Control Officers choosing to return an impounded animal to the owner while in the field may collect a field return impound fee in the amount set forth in Section 24 of this Ordinance.

k. Animal Control Officers picking up owned animals at the request of the owner shall collect an owner turn-in fee from the owner in the amount set forth in Section 24 of this Ordinance.

l. Animal Control Officers investigating and author izing a home quarantine shall collect a fee from the owner or custodian of the animal in the amount set forth in Section 24 of this Ordinance.

m. Animal Control Officers providing assistance with trap service shall collect a trap rental service fee in the amount set forth in Section 24 of this Ordinance. Any person that rents a trap that is lost or destroyed shall also be responsible for payment for the lost or destroyed trap in the amount set forth in Section 24 of this Ordinance.

n. Owners of animals impo unded for quarantine at a County facility shall be charged a daily quarantine fee in the amount set forth in Section 24 of this Ordinance which shall be in addition to the regular daily boarding fee.

o. The hourly rate for the recovery of administrative co sts associated with the recoupment of enforcement costs provided in this Ordinance shall be in the amount set forth in Section 24 of this Ordinance.

p. The fee for a microchip identification device shall be in the amount set forth in Section 24 of this Ordinance and shall be dependent upon whether the microchip was implanted at the time of adoption or at any other time.

q. The fee for after-hours personnel assistance shall be in the amount set forth in Section 24 of this Ordinance, per hour. The after -hours charge shall commence after the close of normal business hours and shall be in addition to any other applicable fees set forth in this Ordinance.

r. The adoption fee(s) for adopting any unredeemed, impounded dog or cat will be based on tiered system tha t includes vaccinations, microchipping, deworming, spay or neutering and adoption charges. The tiered system for adoption fees for dogs shall be based on the number of days that the dog has been in the shelter in the amount set forth in Section 24 of this Ordinance. The tiered system for adoption fees for cats shall be based on the age of the cat in the amount set forth in Section 24 of this Ordinance. Senior citizens and disabled people will be charged at 50% of the applicable adoption fee charges. To reduce and/or eliminate the euthanasia of adoptable dogs and cats, the Director or his designee shall have the discretion to decrease or entirely waive the adoption fees for last chance adoptions, which are adoptions of urgent animals scheduled for euthanasi a. The Director or his designee shall have the discretion to decrease the adoption fees of animals adopted at special events in order to promote the adoption of impounded animals. The Director or his designee shall also have the discretion to waive fifty percent (50%) of the applicable tiered fee if the animal is adopted by the foster care provider currently providing care for the animal or for an employee of the County of Riverside.

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s. There shall be an owner turn-in fee for animals turned in by owners at shelters in the amount set forth in Section 24 of this Ordinance.

t. Owners or custodians of animals impounded and sheltered at a County animal shelter shall be charged a daily boarding fee in the amount set forth in Section 24 of this Ordinance.

u. The Director shall charge and collect from each owner or custodian the veterinarian and staff rates for the treatment of animals, as set forth in Section 24 of this Ordinance. The Director shall also charge and collect for any additional costs for veterinary and related services rendered to the animal as set forth in Section 24 of this Ordinance, and the actual costs of any extraordinary measures required in or for the handling and maintenance of the animal.

v. Should a city want to contract with the County for field or shelter services by the Department, the Director shall charge and collect from any contracting city the County’s fully -burdened cost of providing field and sheltering staff and services at rates and actual costs as approved annually by the Board of Supervisors. Said rates and actual costs for providing field and sheltering staff and services shall be in addition to any rates or fees set forth in Section 24 of this Ordinance.

Section 12 ALTERED AND UNALTERED ANIMALS:

a. MANDATORY SPAYING AND NEUTERING

1. Requirement. No person may own, keep, or harbor an unaltered dog or cat in violation of this Section. An owner or custodian of an unaltered dog must have the dog spayed or neutered, or provide a certificate of sterility, or obtain an unaltered dog license in accordance with this Ordinance. An owner or custodian of an unaltered cat must have the animal spayed or neutered or provide a certificate of sterility.

2. Appointments are available to spay or neuter an unaltered dog or cat at the County’s animal shelters. The demand for these appointments exceeds the number of slots available. In an effort to maximize the number of animals spayed or neutered, the Department shall charge an appointment fee in an amount as set forth in Section 24 of this Ordinance that shall be applied toward the cost of spaying or neutering the animal, provided the owner, or custodian keeps the appointment or contacts the Department twenty-four (24) hours prior the appointment to reschedule.

3. Any dog or cat impoun ded at a County animal shelter is required to be spayed or neutered prior to release unless exempt in subsection (4) below.

4. Exemptions. This section shall not apply to any of the following:

A. A dog with a high likelihood of suffering serious bodily harm or death if spayed or neutered, due to age or infirmity. The owner or custodian shall obtain written confirmation of this fact from a California licensed veterinarian. If the dog is able to be safely spayed or neutered at a later date, that date shall be s tated in the written confirmation; should this date be later than thirty (30) days, the owner or custodian shall apply for an unaltered dog license.

B. In the event that any dog comes under Subsection (4)(A) of Section 12. of this Ordinance, a spay and neuter deposit fee in an amount as set forth in Section

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24 of this Ordinance shall be paid before the dog is released from the County animal shelter.

C. A cat with a high likelihood of suffering serious bodily harm or death if spayed or neutered, due to age or infirmity. The owner or custodian shall obtain written confirmation of this fact from a California licensed veterinarian. If the cat is able to be safely spayed or neutered at a later date, that date shall be stated in the written confirmation.

D. In the event any cat comes under Subsection (4)(C) of Section 12. of this ordinance, a mandatory spay and neuter deposit fee in an amount as set forth in Section 24 of this Ordinance shall be paid before the cat is released from the shelter.

E. Animals owned by recognized dog or cat breeders, as defined by Department Policy.

F. Females over the age of 10 and males over the age of 12 are exempt from the Spay and Neuter requirement due to the biological improbability of reproduction, however, owners will be required to purchase an unaltered license for any dog that is exempt under this subsection.

b. DENIAL OR REVOCATION OF UNALTERED DOG LICENSE AND RE-APPLICATION

1. The Department may deny or revoke an unaltered dog license for one or more of the following reasons:

A. The owner, custodian, applicant or licensee is not in compliance with all of the requirements of this section;

B. The Department has received at least three (3) complaints, verified by the Department, that the owner, custodian, applicant or licensee has allowed a dog to be stray or run at large or has otherwise been found to be neglectful of his or her or other animals;

C. The owner, custodian, applicant, or licensee has been previously cited for violating a state law, county code or other municipal provision relating to the care and control of animals;

D. The unaltered dog has been adjudicated by a court or an agency of appropriate jurisdiction to be potentially dangerous, dangerous or vicious, or to be nuisance within the meaning of the Riverside County Ordinances or under state law;

E. Any unaltered dog license held by the applicant has been revoked;

F. The license applicat ion is discovered to contain a material misrepresentation or omission of fact.

2. R e-application for unaltered dog license:

A. When an unaltered dog license is denied, the applicant may re -apply for a license upon changed circumstances and a showing that the requirements of this

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ordinance have been met. The Department shall refund one-half of the license fee when the application is denied. The applicant shall pay the full fee upon re - application.

B. When an unaltered dog license is revoked, the owner or custodian of the dog may apply for a new license after a thirty (30) day waiting period upon showing that the requirements of this Ordinance have been met. No part of an unaltered dog licensee fee is refundable when a license is revoked and the applicant shall pay the full fee upon re-application.

c. APPEAL OF DENIAL OR REVOCATION OF UNALTERED DOG LICENSE

1. Request for hearing

A. Notice of intent to deny or revoke. The Department shall mail to the owner, custodian, licensee, or applicant a written notice of its intent to deny or revoke the license for an unaltered dog which includes the reason(s) for the denial or revocation. The owner, custodian, licensee or applicant may request a hearing to appeal the denial or revocation. The request must be made in writing within ten (10) days after the notice of the intent to deny or revoke is mailed. Failure to submit a timely written hearing request shall be deemed a waiver of the right to appeal the license denial or revocation.

B. Hearing officer. The hearing shall be conducted by the Animal Services Director’s designee.

C. Notice and conduct of hearing. The Department shall mail a written notice of the date, time and place for the hearing not less than ten (10) business days before the hearing date. The hearing date shall be no more than thirty (30) business days after the Department’s receipt of the request for a hearing. The hearing will be informal and the rules of evidence will not be strictly observed. The Department shall mail a written decision to the owner or custodian within ten (10) business days after the hearing. The decision of the hearing officer shall be the final administrative decision.

2. Change in location of dog. If the dog is moved after the Department has issued a letter of intent to deny or revoke, but has not yet denied or revoked the license, the owner, custodian, licensee or applicant must provide the Department with information as to the dog’s whereabouts, within ten (10) days of the change in location of the dog , including the current owner or custodian’s name, address and telephone number.

d. TRANSFER, SALE AND BREEDING OF UNALTERED DOG OR CAT

1. Offer for sale or transfer of unaltered dog. An owner or custodian who offers any unaltered dog for sale, trade, or adoption must include a valid unaltered dog license number with the offer of sale, t rade or adoption, or otherwise state and establish compliance with this section. An owner or custodian of an unaltered dog must notify the Department of the name and address of the transferee within ten (10) days after the

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transfer. The unaltered license and microchip numbers must appear on a document transferring the animal to the new owner.

2. Offer for sale or transfer of unaltered cat. An owner or custodian of an unaltered cat must notify the Department of the name and address of the transferee within ten (10) days after the transfer. The microchip numbers must appear on a document transferring the animal to the new owner.

e. PENALTIES

Penalties issued for failure to spay or neuter a dog or cat shall be enforced as set forth below:

1. An administrative citation, infraction, or other such authorized penalty may be issued to an owner or custodian of an unaltered dog or cat for a violation of this section only when the owner or custodian is concurrently cited for another violation under state or local law pertaining to the obligations of a person owning or possessing a dog or cat. Examples of such state law or local ordinance violations include, but are not limited to, the following:
failure to possess a current canine rabies vaccination of the subject dog; dog or cat at large; failure to license a dog; lea sh law violations; kenn el or cattery permit violations; tethering violations; unhealthy or unsanitary conditions; failure to provide adequate care for the subject dog or cat in violation of the Penal Code; rabies quarantine violations for the subject dog; operating a business wi thout a license and/or lack of State Tax ID Number; fighting dog activity in violation of Penal Code section 597.5; animals left unattended in motor vehicles; potentially dangerous, dangerous or vicious animals; and noisy animals.

2. Should the owner or custodian of an unaltered dog or cat be found in violation of a state or local law, as stated above, in subsection (1), the owner or custodian shall be required to spay or neuter the unaltered animal in accordance with this section.

f. IMPOUNDMENT OF UNALTERED DOG OR CAT

1. When an unaltered dog or cat is impounded pursuant to state and/or local law, in addition to satisfying applicable requirement for the release of the animal, including but not limited to payment of impound fees pursuant to this Ordinance, the owner or custodian shall also do one of the following:

A. Provide written proof of the dog or cat’s prior sterilization, if conditions cannot or do not make this assessment obvious to Department personnel;

B. Have the dog or cat spayed or neutered by a Department veterinarian at the expense of the owner or custodian. Such expense may include additional fees due to extraordinary care required;

C. Have the dog or cat spayed or neutered by another California licensed veterinarian.

The owner or custodian may arrange for another California licensed veterinarian to spay or neuter the animal, and shall pay to the Department the cost to deliver said animal to the chosen veterinarian. The cost to deliver the animal shall be based on

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the Department’s hourly rate established by the Auditor -Controller. The veterinarian shall complete and return to the Department within ten (10) business days, a statement confirming that the dog or cat has been spayed or neutered or is, in fact, incapable of breeding and shall release the dog or cat to the owner or custodian only after the spay or neuter procedure is complete;

D. At the discretion of the Director, the dog or cat may be released to the owner or custodian if he or she signs a statement under penalty of perjury, representing that the dog or cat will be spayed or neutered and that he or she will submit a statement within ten (10) business days of the release, signed by the veterinarian, confirming that the dog or cat has been spayed or neutered or is incapable of breeding;

E. Or if the owner or custodian demonstrates compliance with this section.

2. COSTS OF IMPOUNDMENT

A. The owner or custodian of the unaltered dog or cat shall be responsible for the costs of impoundment, which shall include daily board ing cost , vaccination, medication, and any other diagnostic or therapeutic applications as provided in this Ordinance.

B. The costs of impoundment shall be a lien on the dog or cat, and the unaltered animal shall not be returned to its owner or custodian until the costs are paid. If the owner or custodian of an impounded unaltered animal does not pay the lien against it in full within fourteen (14) business days, the animal shall be deemed abandoned to the Department in accordance with this Ordinance.

g. APPLICATION OF FEES AND FINES COLLECTED

All costs and fines collected under this part and the fees collected under, subsection (f) shall be paid to the Department for the purpose of defraying the cost of the implementation and enforcement of this program.

Section 13 MANDATORY MICROCHIPPING OF DOGS AND CATS

a. All dogs and cats over the age of four months must be implanted with an identifying microchip.

The owner or custodian is required to provide the microchip number to the Department, and shall notify the Department of any change of ownership of the dog or c at, or any change of address or telephone number. Nothing in this section supersedes, eliminates, or alters the requirements of Sections 2, 5 or any other licensing requirements of this ordinance.

b. Exemptions. The mandatory micro chipping requirements shall not apply to any of the following:

1. A dog or cat with a high likelihood of suffering serious bodily injury, if implanted with the microchip identification, due to the health conditions of the animal. The owner or custodian must obtain written confirmation of the fact from a California licensed Veterinarian. If the dog or cat is able to be safely implanted with an identifying microchip at a later date that date must be stated in the written confirmation.

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2. A dog or cat which would be impaired of its athletic ability or performance if implanted with the microchip identification. The owner or custodian must obtain written confirmation of that fact from a California licensed Veterinarian. If the dog or cat is able to be safely implanted with an identifying microchip at a later date that date must be stated in the written confirmation.

3. A dog or cat that is kenneled or trained in Riverside County, but is owned by an individual that does not reside in Riverside County. The owner or custodian must keep and maintain the animal in accordance with the applicable laws and ordinances of the jurisdiction in which the owner or custodian of the animal permanently resides, including but not limited to the applicable licensing and rabies vaccination requirements of that jurisdiction.

c. Transfer, sale of dogs and cats

1. An owner or custodian who offers any dog, over the age of four months, for sale, trade, or adoption must provide the microchip identification number and the valid dog license number with the offer of sale, trade or adoption. The license and microchip numbers must appear on a document transferring the dog to the new owner. The owner or custodian shall also advise the Department of the name and address of the new owner or custodian in accordance with subdivision (a) of this section. An owner or custodi an offers any dog, over the age of four months, for sale, trade, or adoption and fails to provide the Department with the name and address of the new owner is in violation of this Ordinance and shall be subject to the penalties set forth herein.

2. An owner or custodian who offers any cat, over the age of four months, for sale, trade, or adoption must provide the microchip identification number and the valid dog license number with the offer of sale, trade or adoption. The microchip numbers must appear on a document transferring the cat to the new owner. The owner or custodian shall also advise the Department of the name and address of the new owner or custodian in accordance with subdivision (a) of this section. An owner or custodian offers any cat, over the age of four months, for sale, trade, or adoption and fails to provide the Department with the name and address of the new owner is in violation of this Ordinance and shall be subject to the penalties set forth herein.

3. When a puppy or kitten under the age of four months implanted with microchip identification is sold or otherwise transferred to another person, the owner or custodian shall advise the Department of the name and address of the new owner or custodian, and the microchip number of the puppy or kitten within ten (10) days after the transfer. If it is discovered that an owner or custodian has failed to provide the Department with the name and address of the new owner and the microchip number of the puppy or kitten, the owner or custodian shall be subject to the penalties set forth in this Ordinance.

d. When an impounded dog or cat is without microchip identification, in addition to satisfying applicable requirements for the release of the animal, including but not limited to payment of impound fees pursuant to this Ordinance, the owner or custodian shall also do one of the following:

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1. Have the dog or cat implanted with a Department microchip by a Department registered veterinarian technician or veterinarian or designated personnel at the expen se of the owner or custodian;

2. Have the dog or cat implanted with a Department approved microchip by a California licensed veterinarian. The owner or custodian may arrange for another California licensed veterinarian to perform the implant, and shall pay to the Department the cost to deliver the dog or cat to the chosen veterinarian. The cost to deliver the dog or cat shall be based on the Department’s hourly rate established by the Riverside County Auditor-Controller. The veterinarian shall complete and return to the Department within ten (10) business days, a statement confirming that the microchip has been implanted, provide the Department with the number and shall release the dog or cat to the owner or custodian only after the procedure is complete;

3. Or, at the discretion of the Director of Animal Services, the dog or cat may be released to the owner or custodian if he or she signs a statement under penalty of perjury, representing that the dog or cat will be implanted with a microchip and that he or s he will submit a statement within ten (10) business days of the release, signed by a California licensed veterinarian, confirming that the dog or cat has been so implanted and provide the microchip number to the Department or allow the Department to scan t he dog or cat for the microchip to verify.

e. Fees for microchip identification device. The fee for an identifying microchip device shall be included in the cost of adoption when adopting a dog or cat from a Riverside County animal shelter. The fee for an identifying microchip device shall be the amount set forth in Section 11, subdivision (p) per animal for all other animals. If an animal has already been implanted with an identifying microchip device by some other facility, there will be no fee to have the identification number entered into the Department’s registry as required by subdivision (a) of this section.

f. Allocation of fees and fines collected. All costs, fees, and fines collected under this section shall be paid to the Department for the purpose of defraying the cost of the implementation and enforcement of this program and for low cost microchipping programs ad ministered by the Department.

Section 14 STRAY OR BARKING DOGS

It shall be unlawful for the owner or person in charge of any dog, whether licensed or unlicensed, to permit such dog to run at large.

Section 15 CAT TRAPPING

a. It shall be unlawful for any person to set or maintain an operating trap for a cat unless sign is posted on the property stating that such a trap is in the use on the property. The sign shall be clearly visible from the road serving the property on which the trap is set or maintained and shall remain posted and visible at all times while the trap is in use. Trapping shall not continue for more than ten (10) days in a thirty (30) day period. (See Resolution No 89 -148.) If a person maintaining a trap should trap a lactatin g female cat, the person shall immediately release the cat thereby eliminating the chance of removing a cat that may be nursing kittens.

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This Section shall apply when the trap is being used for rabies control as determined in writing by the Department of Animal Services.

Section 16 RABIES SUPPRESSION, CONTROL AND QUARANTINE

a. If it shall appear to the Director that any animal has rabies, the Director may destroy such animal forthwith, or may hold such animal for further examination or observation for such time as the Director may determine to be appropriate.

b. Whenever any anim al has been bitten by an animal which has rabies, which exhibits any symptoms of rabies or which is otherwise suspected of having or having been exposed to rabies, the owner or person having custody of such bitten animal shall immediately notify the Director, and shall immediately confine the animal and maintain that confinement until it is established, to the satisfaction of the Director, that such animal does not have rabies. The Director shall have the power to quarantine any such animal, or impound it at the owner’s expense if the owner or person having custody of such animal shall fail, refuse, or is unable, in the opinion of the Director, to adequately confine such animal immediately, or in the event the owner or person having custody of such animal is not readily accessible.

c. Whenever it is shown that any animal has bitten any person, the owner of person having custody of such animal shall, upon the order of the director, quarantine such animal and keep it confined at the owner’s expense for a minim um period of ten (10) days for dogs and cats and fourteen (14) days for all other animals, and shall allow the Director to make an examination of such animal at any time during such period of quarantine. Animals quarantined pursuant to this Subsection (c) shall not be removed from the premises upon which such animal is quarantined without permission of the Director. The director is hereby authorized to impound any animal at the owner’s expense in the event the owner or person having custody of such animal fails or refuses to so confine such animal. Animals quarantined pursuant to this Subsection (c) shall remain under quarantine until notice is given by the Director that such quarantine is terminated.

d. The Director may, at his or her discretion, post or cause to be posted an appropriate sign on any premises where an animal is quarantined pursuant to this Ordinance, for the purpose of warning the public of the fact of such quarantine. It shall be unlawful for any person to remove a sign posted pursuant to this Subsection (d) without the permission of the Director.

e. Whenever the Director shall determine that an epidemic of rabies exists or is threatened, the Director shall have the authority to take such measures as may be reasonably necessary to prevent the spread of the disease, including but not limited t o the declaration of quarantine against any or all animals in any area of the County of Riverside as the Director may determine and define, for a period of not more than one hundred and twenty (120) da ys. An additional or extended quarantine period shall be deemed necessary by the Director for the protection and preservation of the public health, peace and safety. Any quarantine declared pursuant to this Subsection (e), other than as restricted herein , shall be upon such conditions as the Director may determine and declare.

f. No person shall bring a dog into the unincorporated area of the County of Riverside from any city located in the County of Riverside in which a reported case of rabies exists or has existed

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within the past six (6) months, nor shall any person bring a dog into the unincorporated area of the County of Riverside from any county, city, state or country in which a reported case of rabies exists or has existed within the preceding six (6) months.

g. In order to protect the public health from the hazard of rabies which has been found to exist in skunks, a quarantine is hereby imposed, to continue until released by the Director, whereby it is prohibited to trap or capture skunks for pets; to trap, capture, or hold skunks in captivity for any reason; to transport skunks from or into the County of Riverside except pursuant to a permit issued by the California Department of Health Services pursuant to Title 17, California Administrative Code, Section 2606.8.

h. Any exotic or hybrid animal shall be vaccinated and/or quarantined pursuant to State law.

Section 17 PLACEMENT REQUIREMENTS

a. Any person who within the unincorporated area of Riverside County, or any business entity or other organization located in or doing business in the unincorporated area of Riverside County which, advertises or offers in any manner, puppies or dogs for sale, trade, barter or to be given away for free, must display in such advertisements, announcement or flyer the following information:

1. The license number and name of the licensing agency of each of the mother animals, any of whose offspring are so offered (in the case of puppies under four months of age), and/or

2. the license number and name of licensing agency of each of the dogs (in the case of animals four months or more of age), and/or

3. the kennel and or rescue permit number and name of permitting agency o f the owner of each of the mother animals any of whose offspring are so offered (in the case of puppies under four months of age),

4. And/or the kennel permit and/or rescue number and name of the permitting agency of the owner of each of the dogs so offered (in the case of animals four months or more of age).

b. This Section shall not apply to public animal shelters or nonprofit humane societies which are in compliance with Food and Agricultural Code Sections 30503 and 31751, nor shall it apply to persons who relinquish animals to such shelters or societies.

c. Violators subject to citation are to be furnished with a list of low -cost or no -cost spay and neuter resources.

d. It shall be unlawful for any person to make use of stolen, counterfeit or unauthorized license, tag, certificate or any other document or item for the purpose of evading the provisions of the Section.

Section 18 PROHIBITION OF SALES OR THE GIVING AWA Y OF DOGS AND CATS ON

PUBLIC PROPERTY

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No person shall, in the unincorporated area of Riverside County, offer for sale or sell or give away or transfer for adoption any cat, kitten, dog or puppy on any public street, public sidewalk or public park.

Section 19 ENFORCEMENT

a. The Animal Services Director shall supervise the administration and enforcement of this Ordinance and of the laws of the State of California pertaining to the care and control of dogs animals and shall have charge of the Department of Animal Services employees and facilities.

b. The Board of Supervisors may enter into a written agreement or agreements with any veterinarian, organized humane society, association, person, corporation or organization which will undertake to carry out the provisions of this Ordinance and maintain and operate a shelter, and which will license, take up, impound and dispose of animals. Any such veterinarian or society or association which shall enter into such an agreement shall carry out all the provisions of this Ordinance in the manner herein prescribed.

c. Is shall be unlawful for any person to interfere with, oppose or resist any officer, employee or person empowered to enforce the provisions of this Ordinance while such officer, employee or person is engaged in the performance of his/her duties as provided herein.

d. Nothing in this Ordinance shall prevent the Animal Services Director from acting, when he/she deems it appropriate to do so, under the applicable provisions of the California Penal Code, Section 597, et seq.

Section 20 VIOLATION

In addition to the remedies and penalties contained in this Ordinance, any person violating any provision of County Animal Control Ordinances shall be guilty of an infraction, unless otherwise stated in such County Animal Control Ordinances, and upon conviction thereof shall be punished by a fine not to exceed one hundred dollars ($100.00) for the first violation; a fine not to exceed two hundred dollars ($200.00) for the second violation within one year; or a fine not to exceed fi ve hundred dollars ($500.00) for each additional violation within one year. Each day a violation is committed or permitted to continue shall constitute a separate offense.

a. Persons receiving a citation for any infraction resulting from a violation of thi s chapter, may choose to clear the citation within ten (10) business days, thereby avoiding a visit to court and a potentially higher court fine, by demonstrating their compliance to the Director through their written, signed agreement and paying an admini strative fee in an amount as set forth in Section 24 of this Ordinance.

b. Persons who violate a home quarantine, fail to produce an animal for quarantine upon demand, or in any other way interfere with rabies investigation, shall be guilty of a misdemeanor, pursuant to Section 121710 of the California Health and Safety Code and Section 9701 of the California Food and Agriculture Code, which is punishable by imprisonment in the County Jail for a period not to exceed one year, or by a fine of not less than one hundred dollars ($100.00), nor more than one thousand dollars ($1,000.00) per day of violation, or both fine and imprisonment.

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Section 21 RECOUPMENT OF ENFORCEMENT COSTS

The intent of this Section is to authorize the recoupment of administrative costs reasonably related to the enforcement of this Ordinance. In furtherance of this intent the County shall be entitled to recover costs of enforcement, including costs of staff time, by complyi ng with the following procedure:

a. Records of Costs; The Department of Animal Services shall maintain records of all administrative costs, incurred by the Department and all other responsible County Departments, in the processing of the violation or violations and the enforcement of this Ordinance and other applicable ordinances and may recover such costs from the violator and/or property owner or property occupier as provided herein.

b. Notice; Upon investigation and determination that a violation of any of the provisions of this Ordinance or other related County ordinances is found to exist, the Department of Animal Services and/or other County Department(s) shall notify the violator and/or record owner of the property, or any perso n having possession or control of the subject pro perty, by mail of the existence of the violation, of the Department’s intent to charge the violator and/or property owner and/or person having possession or control of the property for all administrative costs associated with enforcement, and of the respondent’s right to a hearing on objections thereto.

The notice shall be in substantially the following form:

NOTICE

The Department of Animal Services and or Department of ____________________ has/have determined the conditions exist at the property located at ________________________________ __________________ which violate Sections(s) _______________________________________ of Riverside County Ordinance No(s) _______________________

To wit:
______________________________________________________________________________ _____________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

Notice is hereby given that at the conclusion of this case you will receive a summary of administrative costs associated with the processing of such violation(s), at an hourly rate as established and adjusted from time to time by the Board of Supervisors. The hourly rate presently in effect is ________ per hour of staff time. You will have the right to object to these charges by filing a Request for Hearing with the Department of Animal Services within ten (10) business days of service of the Summary of Charges.

c. Summary of Costs; At the conclusion of the case, the Department of Animal Services shall send a summary of costs associated with enforcement to the violator and/or owner of the property and/or person having possession or control of the subject property by certified mail.

The Summary shall include a notice in substantially the following form:

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NOTICE

If you object to these charges, you must file a Request for Hearing on the enclosed form within ten (10) business days of the date of this notice.

IF YOU FAIL TO TIMELY REQUEST A HEARING, YOUR RIGHT TO OBJECT WILL BE WAIVED

ANY YOU WILL BE LIABLE TO THE C OUNTY OF RIVERSIDE FOR THESE CHARGES, TO BE

RECOVERED IN A CIVIL ACTION IN THE NAME OF THE COUNTY, IN ANY COURT OF COMPETENT JURISDICTION WITHIN THE COUNTY.

DATED:_______________________________________________________________________

DEPARTMENT OF ANIMAL SERVICES:_____________________________________________

d. Right to Hearing; Any violator or property owner, or other person having possession and control of the property, who receives a Summary of Costs under this Section shall have the right to a hearing before the Director of the Department of Animal Services or his/her designee on his/her objections to the proposed costs in accordance with the procedures set forth herein.

e. Request for Hearing; A request for hearing shall be filed with the Department within ten (10) days of the service by mail of the Department’s Summary of Co sts, on a form provided by the Department. Within thirty (30) days of the filing of the request, and on ten (10) days written notice to the violator and/or owner, the Director or his/her designee shall hold a hearing on the violator and/or owner’s objections, and shall determine the validity thereof.

f. Recovery of costs; In the event that (a) no Request for Hearing is timely filed or (b) after a hearing, the Director of the Department of Animal Services or his/her designee affirms the validity of the costs, the violator, the property owner or the person in control and possession of the property shall be liable to the County in the amount stated in the Summary of Costs or any lesser amount as determined by the Director or his/her designee. These costs shall be recoverable in a civil action in the name of the County, in any competent jurisdi ction within the County.

g. Director’s Decision; In determining the validity of the costs, the Director or his/her designee shall consider whether the total costs as charged have been fairly and accurately calculated.

Factors to be considered include whether the time and personnel spent in enforcement were reasonably necessary to bring about compliance and whether the rate charged is the current rate established by the County.

h. Appeal; The decision of the Director or his/her designee may be appealed by filing a written notice of appeal with the Clerk of the Board within ten (10) days after service by mail on the violator, property owner, or other person having possession and control of the property. The appeal shall be heard by the Board of Supervisors whi ch may affirm, amend or reverse the decision and may take any other action deemed appropriate. The Department shall give written notice of the time and the place of the hearing to appellant. In conducting the hearing, the Board of Supervisors shall not be limited by the technical rules of evidence.

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Section 22 ADMINISTRATIVE CITATIONS AND PENALTIES

In addition to the remedies and penalties contained in this ordinance, and in accordance with Government Code Section 53069.4, an administrative citation may be issued for any violation of County Animal Control Ordinances. The following procedures shall g overn the imposition, enforcement, collection and administrative review of administrative citations and penalties.

a. Notice of violation. If an animal is owned, kept, maintained, or found to be in violation of a County Animal Control Ordinance, an adminis trative citation may be issued by the animal control officer. An administrative citation will not be issued for violation of Section 5 (Mandatory Licensing of Kennels and Catteries) prior to written notice of violation being issued.

b. Content of Citation. The administrative citation shall be issued on a form approved by County Counsel and shall contain the following information:

1. Date, location and approximate time that the violation was observed;

2. The ordinance violated and a brief description of the violation;

3. The amount of the administrative penalty imposed for the violation;

4. Instructions for payment of the penalty, and the time period by which it shall be paid and the consequences of failure to pay the penalty within the required time period;

5. Instructions on how to appeal the citation;

6. The signature of the animal control officer.

The failure of the citation to set forth all required contents shall not affect the validity of the proceedings.

c. Service of Citation.

1. Service of an administrative citation may be made upon the responsible party either by personal delivery or by first class mail, postage prepaid, return receipt requested, and shall be deemed completed when it is personally delivered to the responsible party, or, if mailing is used, five days after deposit in the mail for mailing to an address within California or ten days after deposit for mailing to an address outside California. If the copy of the administrative citation sent by certified mail to a responsible party is returned by the United States Postal Service with the mail receipt unsigned, or marked “unclaimed” and/or “refused,” then service by first class mail shall be deemed effective provided it is also not returned by the United States Postal Service.

2. In lieu of personally serving the responsible party by personal delivery or first class mail, postage prepaid, service of the administrative citation, and any amended or supplemental citation, may be made by substituted service using the m ethods described in Sections 415.20 through 415.95 of the California Code of Civil Procedure.

3. The failure of a copy of the administrative citation being received by the responsible party shall not affect the validity of the proceedings.

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d. Administrative Penalties

1. The penalties assessed for each violation of a County Animal Control Ordinance shall not exceed the following amounts.

i. One hundred dollars ($100.00) for a first violation;

ii. Two hundred dollars ($200.00) for a second violation of the same administr ative abatement order within one year;

iii. Five hundred dollars ($500.00) for each additional violation of the administrative abatement order within one year.

2. If the violation is not corrected, additional administrative citations may be issued for the same violation. The amount of penalty shall increase at the rate specified above.

3. Payment of the penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action.

4. The penalties assessed shall be payable to the County of Riverside Department of Animal Services.

5. Where the violation would otherwise be an infraction, the administrative penalty shall not exceed the maximum fine or infraction amount.

e. Administrative Appeal of Administrative Citation.

1. Notice of Appeal. The recipient of an administrative citation may appeal the citation by filing a written notice of appeal with the Department. The written notice of appeal must be filed within twenty (20) days of the service of the administrative citation set fo rth in subsection (c) above. Failure to file a written notice of appeal within this time period shall constitute a waiver of the right to appeal the administrative citation. The notice of appeal shall be submitted on county forms and shall contain the following information:

i. A brief statement setting forth the appellant’s interest in the proceedings;

ii. A brief statement of the material facts which the appellant claims supports his contention that no administrative penalty should be imposed or that an administrative penalty of a different amount is warranted;

iii. An address at which the appellant agrees notice of any additional proceeding or an order relating to the administrative penalty may be received by mail;

iv. The notice of appeal must be signed by the appellant.

v. A check or money order is required, as a deposit, for the total penalty amount shown on the front side of the citation, before the Administrative Appeal will be scheduled.

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vi. Indigence must be proved to have the deposit waved.

2. Administrative Hearing. Upon a timely written request by the recipient of an administrative citation, an administrative hearing shall be held as follows:

i. Notice of Hearing. Notice of the administrative hearing regarding the administrative citation shall be given at least ten (10) days before the hearing to the person requesting the hearing.

ii. The administrative hearing regarding the administrative ci tation shall be held before the Animal Services Director , or his designee . The hearing officer shall not be the investigating animal control officer who issued the administrative citation or his immediate supervisor. The Director may contract with a qual ified provider to conduct the administrative hearings or to process administrative citations.

iii. Conduct of the Hearing. The investigating animal control officer who issued the administrative citation shall not be required to participate in the administrative hearing regarding the citation. The contents of the investigating animal control officer’s file shall be admitted as prima facie evidence of the facts stated therein. The hearing officer shall not be limited by the technical rules of evidence. If the person requesting the appeal of the administrative citation fails to appear at the administrative hearing, the hearing officer shall make his determination based on the information contained in the notice of appeal.

iv. Hearing Officer’s Decision. The hearing officer’s decision regarding the administrative citation following the administrative hearing may be personally delivered to the person requesting the hearing or sent by mail. The he aring officer may allow payment of the administrative penalty in installments, if the person provides evidence satisfactory to the hearing officer of an inability to pay the penalty in full at one time. The hearing officer’s decision shall contain instruction for obtaining review of the decision by the superior court.

f. Review of Administrative Hearing Officer’s Decision. If the recipient of an administrative citation disagrees with the administrative hearing officer’s decision upholding the issuance of the administrative citation and/or administrative penalty amount assessed, the recipient may appeal the issuance of the administrative citation to the superior court as set forth in this Section.

1. Notice of Appeal. Within twenty (20) days of the delivery and mailing of the hearing officer’s decision regarding the administrative citation, the recipient of the administrative citation may contest that decision by filing an appeal to be heard by the superior court. The appeal fee for filing the notice of appeal shall be in an amount as set forth in Section 24 of this Ordinance. The failure to file the written appeal and to pay the filing fees within this period shall constitute a waiver of the right to an appeal and the decision shall be deemed confirmed. A copy of the notice of appeal shall be served in person or by first class mail upon the Department of Animal Services by the contestant.

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2. Conduct of Hearing. The conduct of the appeal hearing is a subordinate judicial duty and may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court. The appeal shall be heard de novo, except that the contents of the issuing agency’s file in the case shall be received into evidence.

A copy of the issued administrative citation providing notice of the violation and imposition of the administrative penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. The court shall request that the issuing agency’s file on the case be forwarded to the court, to be received within fifteen (15) days of the request.

3. Judgment. The court shall retain the appeal fee regardless of the outcome of the appeal.

If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the Depar tment of Animal Services. Any deposit of the fine or penalty shall be refunded to the Department of Animal Services in accordance with the judgment of the court. If the fine or penalty has not been deposited and the decision of the court is against the contestant, the issuing agency may proceed to collect the penalty pursuant to the procedures set forth in this Ordinance, or in any other manner provided by law.

Section 23 PUBLIC NUISANCE

a. The possession or maintenance of any dog, cat or other identif ied animal or the allowing of any dog, cat or other identified animal to be in violation of this Ordinance, Ordinance No. 771 or any other County Ordinance or stat law, is hereby declared to be a public nuisance. The Animal Services Director and any River side County peace officer are hereby directed and empowered to abate any such public nuisance independently of any criminal prosecution or the results of thereof, by any means reasonably necessary to accomplish said abatement including but not limited to the destruction of the dog, cat or other identified animal involved, or by the imposition of specific reasonable conditions and restrictions for the maintenance of such dog, cat or other identified animal. Failure to comply with such conditions and restrictions is a misdemeanor. The owner of such dog, cat or other identified animal shall reimburse to the County of Riverside for all costs incurred in enforcing compliance with the provisions of this Section 23. The County of Riverside, by and through the An imal Services Director, may also commence and maintain such proceedings in a court of competent jurisdiction as are appropriate under the laws and regulations of the State of California for the abatement and redress of public nuisances.

b. At least ten (10) working days prior to the impoundment or abatement or both pursuant to Section 23, Subsection (a) of this Ordinance, the owner or custodian of the subject dog, cat, or other identified animal shall be notified by the Animal Services Director, in writi ng, of the right to a hearing to determine whether grounds exist for such impoundment or abatement or, where applicable, both. Said notice shall be served by hand -delivery or by registered or certified mail, postage prepaid, return receipt requested. If the owner or custodian requests a hearing prior to impoundment or abatement, no impoundment or abatement shall take place until the conclusion of such hearing, except as provided in paragraph (c) below.

c. When, in the opinion of the Animal Services Direct or, immediate impoundment is necessary for the preservation of animal or public health, safety or welfare, or if the subject dog, cat or other identified animal has been impounded under any other provision of this Ordinance or any law or regulation of the State of California, the pre-impoundment hearing shall be deemed

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waived; provided, however, that the owner or custodian of the subject dog or cat shall be given notice by the Animal Services Director, in writing, which would allow five (5) working days to request an abatement hearing. Service of such notice shall be in accordance with the service methods specified in Section 23, Subsection (b) of this Ordinance. Where requested by such owner or custodian, a hearing shall be held within five (5) days of th e request therefor, and the subject dog, cat or other animal shall not be disposed of prior to the conclusion of the hearing. If, after five (5) working days from the date of service of the notice specified in the Subsection (c) of Section 24 of this Ordi nance, no request for a hearing is received from the owner or custodian of the subject dog, cat or other animal, such dog, cat or other animal shall be disposed of pursuant to applicable provisions of law.

d. All hearings pursuant to Section 2 3 of this Ord inance shall be conducted by the Animal Services Director personally or by a designee who shall not have been directly involved in the subject action. Hearings shall be held not more than ten (10) days from the date of receipt of the request for the hearing and shall be conducted in an informal manner consistent with due process of law. A hearing may be continued for a reasonable period of time if the Animal Services Director deems such continuance to be necessary and proper or if the owner or custodian shows good cause for such continuance. Within ten (10) days after the conclusion of the hearing, the Animal Services Director shall render, in writing, his/her findings, decision and order thereon and shall give notice of said findings, decision and order to the owner or custodian of the subject dog, cat or other animal; service of such notice shall be in accordance with the service methods specified in Section 24, Subsection (b) of this Ordinance.

e. Pursuant to Food and Agriculture Code Section 31622, the owner or keeper of a dog can appeal the decision of the administrative hearing to the superior court.

Section 24 FEES

The fees for this Ordinance shall be paid to the Department and shall be as follows:

DESCRIPTION FEE
FEE

EFFECTIVE
7/1/21
FEE

EFFECTIVE
7/1/22

FEE EFFECTIVE
7/1/23
SECTION 2 FEES
Altered dog license – 1 year $25.00
Altered dog license – 2 year $50.00
Altered dog license – 3 year $75.00
Unaltered dog license – 1 year $120.00
Unaltered dog license – 2 year $240.00
Unaltered dog license – 3 year $360.00

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Dog or Cat Breeders – 1 year $65.00
Dog or Cat Breeders – 2 year $130.00
Dog or Cat Breeders – 3 year $195.00
Altered dog license – 1 year
(senior citizen age 60 or older) $12.00
Altered dog license – 2 year
(senior citizen age 60 or older) $24.00
Altered dog license – 3 year
(senior citizen age 60 or older) $36.00
Dangerous/vicious animal
registration – 1 year $250.00
Processing Fee for online license
purchases $1.50
Credit Card processing fee 3%
Dog license late fee $25.00
Dog license late fee (senior citizen
age 60 or older) $15.00
Transfer of ownership fee – dog $6.00
New resident dog license late fee $25.00
Dog license replacement tag $6.00
SECTION 4 FEES
Optional Cat license $3.00
SECTION 5 FEES
Class 1 Kennel license – 5-10
dogs [1 year, unaltered] $250.00
Class 1 Kennel license – 5-10
dogs [2 year, unaltered] $450.00
Class 1 Kennel license – 5-10
dogs [1 year, altered] $150.00
Class 1 Kennel license – 5-10
dogs [2 year, altered] $250.00

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Class 1 Kennel license (dog) –
late fee 50%
Class 2 Kennel license – 11-25
dogs [1 year, unaltered] $350.00
Class 2 Kennel license – 11-25
dogs [2 year, unaltered] $600.00
Class 2 Kennel license – 11-25
dogs [1 year, altered] $250.00
Class 2 Kennel license – 11-25
dogs [2 year, altered] $400.00
Class 2 Kennel license (dog) –
late fee 50%
Class 3 Kennel license – 26-40
dogs [1 year, unaltered] $450.00
Class 3 Kennel license – 26-40
dogs [2 year, unaltered] $750.00
Class 3 Kennel license – 26-40
dogs [1 year, altered] $350.00
Class 3 Kennel license – 26-40
dogs [2 year, altered] $550.00
Class 3 Kennel license (dog) –
late fee 50%
Class 4 Kennel license – 41+
dogs [1 year, unaltered] $550.00
Class 4 Kennel license – 41+
dogs [2 year, unaltered] $900.00
Class 4 Kennel license – 41+
dogs [1 year, altered] $450.00
Class 4 Kennel license – 41+
dogs [2 year, altered] $700.00
Class 4 Kennel license (dog) –
late fee 50%
Sentry Dog Kennel License – [1
year, unaltered] $500.00
Sentry Dog Kennel License – [2
year, unaltered] $800.00

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Sentry Dog Kennel License – [1
year, altered] $400.00
Sentry Dog Kennel License – [2
year, altered] $600.00
Sentry License late fee: 50% of
the applicable fee(s) 50%
Cattery license – 10+ cats [1 year,
unaltered] $250.00
Cattery License – 10+ cats [2
year, unaltered] $400.00
Cattery license – 10+ cats [1 year,
altered] $200.00
Cattery license – 10+ cats [2 year,
altered] $300.00
Cattery license – late fee 50% of
the applicable fee(s) 50%
SECTION 6 FEES
Rescue permit (up to 6 dogs) $60.00
Rescue permit (up to 6 dogs) – 2
Year $100.00
Rescue permit – late fee (up to 6
dogs) 50%
Rescue Permit (7 to 10 dogs) –
one year $120.00
Rescue Permit (7 to 10 dogs) –
two years $200.00
Rescue permit – late fee (7 to 10
dogs) 50%
SECTION 11 FEES
State mandated unaltered fine –
1st impound (Food & Ag
Code 30804.7 & 31751.7)
$35
State mandated unaltered fine –
2nd impound (Food & Ag
Code 30804.7 & 31751.7)
$50

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State mandated unaltered fine –
3rd impound (Food & Ag
Code 30804.7 & 31751.7)
$100
Animal Redemption Fee – 1st
impound $50
Animal Redemption Fee – 2nd
impound $100
Animal Redemption Fee – 3rd
impound $150
Impound fee – altered/unable to
produce dog owned by senior
citizen
50%
Administrative Citation Fee $25.00
Payment Plan Processing Fee $19.00
Collections Processing Fee $28.00
Insufficient Fund Charge $25.00
Euthanasia– Dog, cat & small
animal $25.00
Disposal Request – Dog, cat &
small animal $25.00
Disposal Request – Large Animal $193.00
Impound fee – animal returned to
owner by field officer $40.00
Owner turn-in fee (animal picked
up by field officer) $30.00
Home quarantine fee $50.00
Trap service – first 5 days $20.00
Trap service – each day after
initial 5 days $2.00
Lost or destroyed cat traps $73.00
Lost or destroyed dog traps $355.00
other lost or destroyed traps $90.00

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Quarantined animals – housed at
a county shelter
$10 per day
+ boarding
fees

Recoupment of enforcement costs
– hourly rate $53.00
Microchip – implanted at any time
other than adoption $21.00
Microchip – implanted at time of
adoption $12.00
After Hours Charge $104.00
Adoption fee – Dogs – 0 to 15
days $105.00
Adoption fee – Dogs – 16 to 30
days $55.00
Adoption fee – Dogs – 30 or more
days $20.00
Adoption fee – cats – 8 weeks to
4 months of age $65.00
Adoption fee – cats – 4 months to
1 year of age $45.00
Adoption fee – cats – 1 year of
age or more $25.00
Senior citizen age 60 or older (*or
disabled person) adoption fee –
cats & dogs
50% of
applicable
fee

Adoption fee – cats & dogs (last
chance adoption)
Director
Discretion
Event fee – cats Director
Discretion
Event fee – dogs Director
Discretion
Foster Adoption Fees 50%
Owner turn-in fee (animal turned
in at the shelter) $20.00
Boarding fee (per day or part
thereof) $20.00 $25.80 $31.60 $37.41

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Ord. 630 – Page 37

Doctors of Veterinary Medicine
(DVM) Hourly Rate $142.70
Supv. Registered Veterinary
Technician Hourly Rate $79.08
Registered Veterinary Technician
Hourly Rate $72.51
Veterinary Technician Hourly Rate $67.85
Operations Chief Hourly Rate $94.79
Small animal pain management $8.00
Large animal pain management $15.00
Each injection $18.00
For sedation $35.00
For fluids $8.00
Small animal de-worming $8.00
Large animal de-worming $16.00
Large animal tube de-worming $25.00
Clip/Clean $20.00
Horse vaccine $18.00
Exploratory surgery $75.00
Topical flea/tick treatment, $8.00
Animal emergency clinic fees $70.00
Animal emergency overnight stay
fees $20.00
First view of an X-ray $70.00
2nd and subsequent viewing of x-
rays $20.00
Small animal daily oral medication $15.00
Large animal daily oral medication $25.00
SECTION 12 FEES
Mandatory Spay & Neuter Deposit
Fee for Dogs $75.00

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Ord. 630 – Page 38

Mandatory Spay & Neuter Deposit
Fee for Cats $40.00
SECTION 22 FEES
Appeal Fee $25.00

Section 25 ADJUSTMENT OF FEES

All of the fees set forth in this Ordinance shall be in effect until the Board of Supervisors shall by Ordinance fix some other fees upon the basis of a cost -analysis as determined by the Riverside County Auditor-Controller or, where applicable, pursuant to a ch ange in the applicable laws and regulations of the State of California, or where applicable, both.

Section 26 SEVERABILITY

If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect other provisions or applications of the provisions of this Ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are hereby declared to be severable.

Section 27

Ordinance numbers 455, 455.1 through 455.70, inclusive are hereby repealed.

Section 28 WAIVER OF FEES

At the discretion of the Animal Services Director, the impoundment fees recoverable under Section 11 may be waived by the Animal Services Director based upon indigent circumstances of the owner of the impounded animal that are verified by the Department of Animal Services so long as the animal is being kept and maintained in accordance with all other provisions of this Ordinance, the County Ordinances, and State Law.

This Ordinance shall take effect thirty (30) days after its adoption or amendment.

Adopted:
630 Item 3.5b of 02/03/1987 (Eff: 04/04/1987)
Amended:
630.1 Item 9.3a & b of 05/09/1989 (Eff: 06/08/1989)
630.2 (Not Used)
630.3 Item 3.5 of 08/31/1993 (Eff: 11/30/1993)
630.4 Item 11.3 of 03/08/1994 (Eff: 05/07/1994)
630.5 Item 12.7 of 12/13/1994 (Eff: 03/01/1995)
630.6 Item 12.4 of 05/25/1999 (Eff: 07/01/1999)
630.7 Item 12.1 of 08/24/1999 (Eff: 09/22/1999)
630.8 Item 3.13 of 06/04/2002 (Eff; 07/04/2002)
630.9 Item 3.4 of 04/15/2003 (Eff: 05/14/2003)
630.10 Item 9.9 of 12/11/2007 (Eff: 01/10/2008)

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Ord. 630 – Page 39

630.11 Item 9.2 of 07/01/2008 (Eff: 07/31/2008)
630.12 Item 3.12 of 01/27/2009 (Eff: 02/26/2009)
630.13 Item 9.11 of 07/14/2009 (Eff: 08/13/2009)
630.14 Item 3.98 of 08/31/2010 (Eff: 09/30/2010)
630.15 Item 9.2 of 08/16/2011 (Eff: 09/15/2011)
630.16 Item 9.1 of 01/05/2016 (Eff: 02/04/2016)
630.17 Item 9.1 of 02/27/2018 (Eff: 03/29/2018)
630.18 Item 19.1 of 01/07/2020 (Eff: 02/06/2020)
630.19 Item 3.7 of 07/20/2021 (Eff: 08/18/2021)

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Oct 24 2023
Department: Community Development
Submitted by: Mark Prestwich, City Manager
Monique Alaniz-Flejter, Community Development Director; ☐ Receive and File ☐ Consent Calendar ☐ Business Item ☒ Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, Adopting General Plan Amendment 23-001 to amend the City of Hemet General Plan Circulation Element to include removal of a segment of the future Whittier Avenue/Street alignment from the City of Hemet General Plan Roadway Circulation Master Plan as identified in Exhibit 1A Traffic Memorandum dated August 17, 2023; and Finding that the Project is Categorically Exempt from CEQA in Accordance with 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

1. Receive and consider the staff report and attached documentation related to the proposed General Plan Amendment (GPA) 23-001; and

2. Open the public hearing and receive comments and testimony from all interested parties; and

3. Close the public hearing, discuss and deliberate on the proposed GPA 23-001; and

4. Adopt a Resolution of the City Council of the City of Hemet, California, Adopting General Plan Amendment 23-001 to amend the City of Hemet General Plan Circulation Element to include removal of a segment of the future Whittier Avenue/Street alignment from the City of Hemet General Plan Roadway Circulation Master Plan as identified in Exhibit 1A Traffic Impact Memorandum dated August 17, 2023; and Finding that the Project is Categorically Exempt from CEQA in accordance with 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines.

BACKGROUND:

This item was continued from the October 10, 2023, City Council meeting to allow for re-noticing the public hearing in order to include additional information regarding the project location.

Planning Commission

On November 1, 2022, at a noticed public hearing, the Planning Commission recommended approval to the City Council for an update to the Circulation Element to include the removal of a segment of the

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future Whittier Avenue/Street alignment with a condition that the Infrastructure Commission review and comment prior to the City Council hearing.

Infrastructure Commission

On November 28, 2022, the Infrastructure Commission reviewed the proposal. At that meeting, concerns were expressed regarding increased traffic in the area and concern that Warren Road might be a 4-lane configuration and not a 6-lane configuration, as identified in traffic analysis.

On June 12, 2023, the Infrastructure Commission was presented with clarification to concerns identified at the prior meeting. Staff confirmed that Warren Road from Florida Avenue to Stetson Avenue is a 6-lane arterial and 4-lane arterial from Stetson Avenue to Domenigoni Parkway and that the assumptions of the traffic analysis remained the same. At that meeting, members of the Commission raised concerns of increased traffic in the area, and that the general plan amendment for removal of the Whittier Avenue was City-initiated and not applicant-initiated. At that meeting, the Commission voted to send the proposal back for more analysis to address Commissioner concerns.

On August 21, 2023, the Infrastructure Commission again considered the proposal. At that meeting staff and the applicant provided clarifications regarding the request. The applicant also agreed to process the general plan amendment as applicant-initiated. At that meeting, the Infrastructure Commission voted to recommend approval of the general plan amendment to the City Council.

ANALYSIS:

Background & Context
Whittier Avenue is classified as a future planned Collector 2 U (2-lane undivided road) running east and west from Sanderson Avenue to Kirby Street in the City of Hemet General Plan Circulation Element. As illustrated below, the planned roadway extends through the Assessor's Parcel Number (APN) 456-030-020, located on the west side of Kirby Street and south of Acacia Avenue. This presents a site constraint for any future development of the subject property because it bisects the property and limits usable land and site development opportunities. The recommendation is to eliminate the road extension to Kirby Street.

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Pending Application

The City staff have received an application for future development of the property, which is currently pending. However, the planned roadway alignment poses a constraint to the buildable area, which in turn exposes the property owner to a barrier to entry. A Traffic Memorandum prepared by EPD Solutions on behalf of the applicant analyzed the feasibility of a General Plan Amendment (GPA) for the removal of the extension of the Whittier Avenue segment to Kirby Street without causing significant diversion of trips to adjacent roadways.

Findings of the TIA

The analysis concluded that four of the eight study area roadway segments would operate at worse than (Level of Service) LOS C in the 2045 condition, both with and without the Whittier Avenue study segment. The same roadway segments would be deficient both with the Whittier Avenue study segment and without the Whittier Avenue study segment. The largest increase in volume would be 617 daily vehicles on Sanderson Avenue with an increase in the Volume-to-capacity (V/C) ratio of

0.020 by 2045. It is also important to note that the elimination of the bisecting street segment as proposed would reduce the traffic volume by 1,175 daily vehicles by 2045, and would eliminate cut- through traffic onto Kirby Street. The realignment of the Whittier Avenue study segment would not cause the LOS to worsen on any of the studied roadway segments and would not cause any roadway segment to deteriorate from satisfactory to unsatisfactory conditions or result in a significant impact.

The City's consulting traffic engineer has peer-reviewed the report and is in concurrence with the findings of the analysis.

Level of Service Recommendation

A recommendation was made for the City to adopt a program for the coordination of signal timing and spacing for corridors where both the intersections and roadways operate at an unacceptable LOS.

Upcoming developments may contribute a fair share to the City's adopted signal timing and spacing program to improve such corridors.

Tribal Consultation

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On June 27, 2022, a Tribal Consultation process pursuant to Senate Bill (SB) 18 was re-circulated to include the Whittier Avenue alignment to the California Native tribes, identified by the California NAHC. The 90-day consultation period concluded on September 27, 2022, and no comments were received. Correspondence from the Rincon Band of Luiseno Indians indicated no comment.

Additionally, correspondence was received from the Quechan Indian Tribe also citing no comment.

Notices were sent to the Agua Caliente Band, Augustine Tribe, Cabazon Tribe, Cahuilla Tribe, Los Coyotes Tribe, Morongo Tribe, Pala Band, Pechanga Tribe, Quechan Tribe, Ramona Band, Rincon Band, Santa Rosa Tribe, Soboba Tribe, and Torres-Martinez Tribe.

Airport Land Use Commission Review

Airport Land Use Commission (ALUC) review is required when a local jurisdiction processes a legislative action like a General Plan Amendment, (GPA). The ALUC evaluates the potential effect of future development on local airports. In this case, the local airport Hemet-Ryan is administered under the Hemet-Ryan Airport Land Use Compatibility Plan. Because the proposed GPA is a policy change that does not involve new construction, it qualifies for a staff administrative ‘no impact’ review. The City submitted an application to the ALUC on September 29, 2022, for their administrative review and it was approved on October 6, 2022, for adoption of the Vehicle Miles Traveled (VMT) standards.

Subsequently, on October 18, 2022, a modification to the application to include the removal of a segment of Whittier Avenue was re-submitted. The ALUC responded on October 19, 2022, that the proposed GPA would not change residential density or non-residential intensity, and therefore have no possibility of having an impact on air navigation. Accordingly, the proposed GPA is found consistent with the 2017 Hemet-Ryan Airport Land Use Compatibility Plan. The ALUC was notified that the request is now applicant-initiated. The ALUC confirmed that no additional review was requested as the scope of the project has not changed.

Public Hearing Notice

On September 29, 2023, the City placed a notice in the Press Enterprise of the holding of a public hearing at which the General Plan Amendment (GPA) 23-001 would be considered by the City Council. In addition, property owners and property occupants located within a 500-foot radius of the project site were notified by mail of the public hearing on September 28, 2023.

On October 13, 2023, the City placed a re-notice in the Press Enterprise of the holding of a public hearing at which the General Plan Amendment (GPA) 23-001 would be considered by the City Council. In addition, property owners and property occupants located within a 500-foot radius of the project site were notified by mail of the public hearing on October 24, 2023.

Environmental: The project is Categorically Exempt from CEQA in accordance with 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines
DISCUSSION:

With the approval of the proposed text amendment to the General Plan Circulation Element, the applicant can proceed with full scope traffic impact analysis for the pending Conditional Use Permit application.

Nothing herein constitutes the City’s approval of any applications, Development Project entitlements, and/or permits, and such, to the extent required in the future, are subject to and contingent upon City

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Council approval following, to the extent applicable, environmental review in compliance with the California Environmental Quality Act (“CEQA”).

Council Member Questions

On October 10, 2023, staff received questions from a Council Member. The following responses provide additional comments.

1. Why is this coming alone and not with the project?

(Updated) Response: The large parcel includes a future circulation street segment bisecting the property which presents a site constraint. It reduces the available buildable footprint which is often needed for modern business park projects. When the proposed project was conceptualized under prior City administrative leadership, the project application was processed via a two-step analysis; first, evaluation of whether the amendment is feasible; and, second, evaluation of the project-focused Traffic Impact Analysis (TIA) without road entanglement.

Additional Comment: The proposed amendment is a text revision to the City's General Plan. It does not constitute approval of development or change to the City's General Plan Land Use Designation of Business Park (B-P) or Zoning of Business Park (B-P). However, with the recent change to the status of the Planning Commission and the need to re-appoint all new candidates, there could be a delay in scheduling of the Planning Commission hearing. Therefore, the Council may wish to consider a review of the Conditional Use Permit concurrently. Based on the project schedule, it is anticipated that the Conditional Use Permit will be scheduled for a public hearing in November or December of this year.

2. What was the Infrastructure Commission vote?

Response: On August 21, 2023, the vote was 3-0/2 abstain.

3. What is the Level of Service (LOS) and did anyone reach out to Soboba Band of Luiseno Indians by phone?

(Updated) Response: An AB 52/SB 18 letter was mailed June 27, 2022 to all tribes in accordance with AB52/SB18. No correspondence was received. Planning staff did reach out to Joseph Ontiveros, Tribal Historic Preservation Officer, Soboba Band of Luiseno Indians, in November 2022, on other projects via email, and included other Soboba staff, but the City did not receive a response. No phone call was made in addition to the above referenced mailed letter.

Additional Comment: As identified in the traffic memorandum, the roadway volumes and LOS currently exceed the roadway capacity on Sanderson Avenue, between Acacia Avenue and Stetson Avenue, operating at a Level of Service F. The report concludes that measures such as coordination of signal timing and spacing as well as optimizing intersection capacity and turning movements where intersections operate an unacceptable LOS. Upcoming developments may pay a fair share into the signal timing and spacing program adopted by the City to improve these corridors.

4. Did we pay ALUC fees?

Response: Yes. $420

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5. Isn't Warren 4 lanes per the General Plan amendment? Response: Warren Road is a 4-lane Secondary (Modified) from Stetson (recently renamed Waldon Weaver Road) to Domenigoni Parkway. Warren Road is a 6-lane arterial from Florida Avenue to Stetson Avenue.

6. Is this the updated exhibit?- Reference to Exhibit in Traffic Memorandum.

Response: Yes.

7. What does the project say about VMT?

Response: Although it is expected that a change in major roadway circulation may result in a change in VMT, no significant change is expected in terms of Citywide VMT as a result of the proposed GPA. The Whittier Avenue study segment functions as a collector in the City of Hemet General Plan Circulation Element. Collector streets are typically meant to provide access to parcels from major roadways such as primary and secondary arterials. Because Collector streets do not provide regional access, the change in regional circulation resulting from their realignment would be minimal. Therefore, no significant change in the Citywide VMT is expected as a result of the proposed GPA.

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 2: Evaluate existing practices to ensure continuity with industry best practices by evaluating development proposal for potential impacts on the transportation and infrastructure system based on a traffic analyses that follow protocols established by the City. The traffic analyses should evaluate the need for both ultimate and interim improvements resulting from the development proposal.

FISCAL IMPACT:

There is no fiscal impact associated with this item.

ALTERNATIVE(S):

Consider City Council review of the project's CUP concurrently with the proposed GPA.

ATTACHMENT(S):

Attachment No. 1 Resolution GPA
Attachment 2: Exhibit 1A_ Whittier Avenue Traffic Memorandum 8.17.2023 Attachment 3: Airport Land Use Commission Approval Ltr - REVISED

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CITY OF HEMET RESOLUTION NO. 2023-XXX 1
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2023-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, APPROVING GENERAL PLAN
AMENDMENT NO. 23-001 UPDATING GENERAL PLAN
CHAPTER 4 (CIRCULATION ELEMENT) TO REMOVE A

SEGMENT OF THE FUTURE WHITTIER AVENUE/

STREET ALIGNMENT FROM THE CIRCULATION

ELEMENT MASTER PLAN, AND FINDING THAT THE

PROJECT IS CATEGORICALLY EXEMPT IN

ACCORDANCE WITH CEQA) GUIDELINES
WHEREAS, an application for General Plan Amendment (GPA 23- 001) was duly filed for consideration by:

Applicant: Newland Capital Group
Property Owner: Hemet Kirby, LLC
Project Location: West side of Kirby Street and south of W.

Acacia Avenue
APN: 456-030-020
Site Area: 41.86 Acres
WHEREAS, on January 24, 2012, the Hemet City Council approved Resolution No. 4476 adopting a comprehensive General Plan update and certified the associated Final Environmental Impact Report (SCH #2010061088); and WHEREAS, the Circulation Element is an element (Chapter 4) of the Hemet General Plan; and
WHEREAS, California state law allows General Plans to be amended up to four times per year and the proposed amendment is part of the 2023 Amendments to the Hemet General Plan; and
WHEREAS, the City Council has the authority to adopt amendments to the General Plan regarding the proposed General Plan Amendment (GPA) 23-001 in

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CITY OF HEMET RESOLUTION NO. 2023-XXX 2
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accordance with the Government Code Sections 65353, 65355, and 65090, and the Hemet Municipal Code; and
WHEREAS, on October 18, 2022, and November 1, 2022, after duly noticed hearings, the Hemet Planning Commission adopted a Resolution recommending that the City Council approve General Plan Amendment 21-003 and a finding that the project is Categorically Exempt in accordance with the CEQA Guidelines; and WHEREAS, as recommended by the Planning Commission, staff was directed to forward the general plan amendment to the Infrastructure Commission for input prior to City Council consideration.

WHEREAS, on November 28, 2022, the Infrastructure Commission reviewed the proposal and voted to send back the proposal with more analysis.

WHEREAS, on June 12, 2023, the Infrastructure reviewed the proposal and voted to send the proposal back with more analysis.

WHEREAS, on August 21, 2023, the Infrastructure Commission considered the proposal. At that meeting, the Infrastructure Commission voted to recommend approval of the general plan amendment to the City Council.

WHEREAS, on September 29, 2023, the City placed a notice in the Press Enterprise of the holding of a public hearing at which the General Plan Amendment (GPA) 23-001 would be considered by the City Council. In addition, property owners and property occupants located within a 500-foot radius of the project site were notified by mail of the public hearing on September 28, 2023.

WHEREAS, on October 10, 2023, the City Council continued the project to allow for re-noticing the public hearing in order to include additional information regarding project location.

WHEREAS, on October 13, 2023, the City placed a notice in the Press Enterprise of the holding of a public hearing at which the General Plan Amendment (GPA) 23-001 would be considered by the City Council. In addition, property owners and property occupants located within a 500-foot radius of the project site were notified by mail of the public hearing on October 24, 2023.

WHEREAS, on October 24, 2023, the City Council held the noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to, the proposed General Plan Amendment, at which the City Council considered the proposed project.

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CITY OF HEMET RESOLUTION NO. 2023-XXX 3
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOW:

SECTION 1. The above recitals are all true and correct.

SECTION 2: (CEQA) ENVIRONMENTAL ACTION
The City Council, in light of the whole record before it, including but not limited to, the City’s Local CEQA Guidelines and Thresholds of Significance, the recommendation of the Planning Commission hereby finds and determines as follows

1. The City has analyzed this proposed General Plan Amendment and has determined that it is exempt from the California Environmental Quality Act (CEQA) under Section 15061 (b) (3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have a potential for causing a significant impact on the environment. GPA23-001 in itself does not relate to any physical project and will not result in any physical change to the environment and does not affect the land use or density limitations of the General Plan, except as superseded by State law. Therefore, it can be seen with certainty that there is no possibility that this ordinance text amendment may have a significant adverse effect on the environment, and therefore, the adoption of this Ordinance is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.

2. Nothing herein constitutes the City’s approval of any applications, Development Project entitlements, and/or permits, and such, to the extent required in the future, are subject to and contingent upon City Council approval following, to the extent applicable, environmental review in compliance with the California Environmental Quality Act (“CEQA”); and
SECTION 3: GENERAL PLAN AMENDMENT FINDINGS
The City Council hereby approves General Plan Amendment No. 23-001 based on the following findings:

1. Substantial proof exists that the proposed change will promote the public health, safety, convenience, and general welfare of the residents of Hemet.

Finding: The traffic impact memorandum concluded that four of the eight study area roadway segments would operate at worse than LOS C in the 2045 condition, both with and without the Whittier Avenue study segment. The same

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CITY OF HEMET RESOLUTION NO. 2023-XXX 4
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roadway segments would be deficient in both with the Whittier Avenue study segment and without the Whittier Avenue study segment. The largest increase in volume would be 617 daily vehicles on Sanderson Avenue with an increase in the V/C ratio of 0.020 by 2045. The elimination of the street segment as proposed would reduce the traffic volume by 1,175 daily trips by 2045 and eliminate cut-through traffic onto Kirby Street. The realignment of the Whittier Avenue study segment to the north of Olympia Way would not cause the LOS to worsen on any of the studied roadway segments and would not cause any roadway segment to deteriorate from satisfactory to unsatisfactory conditions or result in a significant impact. A recommendation was made for the City to adopt a program for the coordination of signal timing and spacing for corridors where both the intersections and roadways operate at unacceptable LOS. Upcoming developments may pay a fair share into the signal timing and spacing program adopted by the City to improve such corridors.

2. The proposed change is in conformance with all applicable, officially adopted policies and plans.

Finding: The proposed amendment is based on traffic analyses that follow protocols and General Plan policies pertaining to Circulation established by the City.

3. Streets and public facilities existing or proposed are adequate to serve all uses permitted when the property is reclassified; and
Finding: The traffic impact memorandum concluded that the general plan amendment would not cause any roadway segment to deteriorate from satisfactory to unsatisfactory conditions or result in a significant impact. Furthermore, the removal of the Whittier Avenue alignment for identified APN 456-030-020 would also eliminate cut-through traffic onto Kirby Street.

SECTION 4: FINDINGS FOR CONSISTENCY WITH THE GOALS AND POLICIES OF

THE GENERAL PLAN
The proposed General Plan Amendment serves to implement the following Goals and Policies of Chapter 4 (Circulation Element):

Goal C-1. Build and maintain a transportation system that is designed to meet the current and future needs of Hemet’s residents and businesses while providing a balance between mobility, cost, and the quality of the City’s living environment.

Policy C-1.17. Traffic Analyses Evaluate development proposals for potential impacts on the transportation and infrastructure system based on traffic analyses that follow the protocols established by the City. The traffic analysis

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CITY OF HEMET RESOLUTION NO. 2023-XXX 5
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should evaluate the need for both ultimate and interim improvements resulting from the development proposal.

Goal C-2: Coordinate and cooperate in the implementation of regional and inter- jurisdictional transportation plans and regional transportation systems.

SECTION 5: CITY COUNCIL ACTIONS
The City Council hereby approves the following:

1.Finding the project Categorically Exempt from CEQA. In compliance with CEQA Guidelines §15061 (b) (3), the Community Development Director shall prepare a Notice of Exemption concerning the findings made in Section 1 of this Resolution, and within five (5) working days of the project approval, file a Notice with the State Clearinghouse and the Riverside County Clerk for posting.

2.Approve General Plan Amendment No. 23-001 Update to the Circulation Element to include removal of a segment of the future Whittier Avenue/Street alignment from the City of Hemet General Plan Roadway Circulation Master Plan.

SECTION 6. This Resolution shall take effect upon its adoption.

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CITY OF HEMET RESOLUTION NO. 2023-XXX 6
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APPROVED AND ADOPTED this 24th day of October, 2023.
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____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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CITY OF HEMET RESOLUTION NO. 2023-XXX 7
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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 24 th day of October, 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

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Urban Planning ■ Due Diligence ■ Entitlements ■ CEQA/NEPA ■ Development Services ■ Management ■ Public Outreach 3333 Michelson Drive, Suite 500 ■ Irvine, Calif. 92612
949.794.1180 ■ [email protected]

Memorandum

To: Noah Rau, City of Hemet
From: Meghan Macias, T.E., Abby Pal, Senior Transportation Planner Date: August 17, 2023
Subject: Analysis of the proposed General Plan Amendment (GPA) for the removal of the extension of Whittier Avenue segment through APN: 456-030-020

This memorandum presents an analysis of the proposed General Plan Amendment (GPA) to remove a segment of Whittier Avenue from the City of Hemet General Plan Roadway Cir culation Master Plan.

Currently, Whittier Avenue runs east -west extending 900 feet as a paved two-lane road originating at Warren Road providing access to pallet racking facility located at the southeast corner of the intersection of Warren Road/Whittier Avenue. Beyond these 900 feet, Whittier Avenue is a paved/unpaved dirt road terminating at the northwestern access point to Hemet-Ryan Airport. It is to be noted that primary access to Hemet-Ryan Airport is provided through Stetson Avenue.

As shown in Figure 1 (all figures attached), per the General Plan Circulation element, Whittier Avenue is a paved Secondary 4 U between Warren Road and Sanderson Avenue. Between Sanderson Avenue and Kirby Avenue, Whittier Avenue is classified as Collector 2 U . Considering parcel configuration between Sanderson Avenue and Kirby Avenue, Whittier Avenue per General Plan Circulation element is planned edging the south of APN 456-030-010, north of APNs 456-030-038 and 456-030-038, and across parcel APN: 456-030-020 terminating at Kirby Street. The proposed GPA consists of realignment of the proposed extension of Whittier Avenue, (hereafter referred to as Whitter Avenue study segment) turning north at the terminus of Olympia Way on the east border of the Sanderson Square Specific Plan and providing access to properties to be developed in APNs 456-030-020 and 456-030-010. A parcel map is shown in Figure 2 and the Sanderson Square Specific Plan circulation is shown in Figure 4 for reference. Please note that the City of Hemet Zoning Map as shown in Figure 3 does not reflect the extension of Whittier Avenue as Collector 2 U between Sanderson Avenue and Kirby Street.

Per the Zoning Map, the land use designations of the block bounded by Acacia Avenue to the north, Sanderson Avenue to the west, Kirby Street to the east and the railroad tracks to the south are comprised of C-2 (General Commercial), SP 05-3 (Sanderson Square Specific Plan), C-M (Commercial Manufacturing, and B-P (Business P ark). The Sanderson Square Specific Plan, located to the west of APN: 456 -030-020 identifies the termination of Whittier Avenue at the eastern boundary of the Sanderson Square Specific Plan abutting Olympia Way as shown in Figure 4. Given the layout of the parcels zoned B- P, namely parcels APN: 456-030-020, 456-030-018 and 456-030-019, it can be assumed that any proposed business park developments would provide project driveways from Acacia Avenue and/or Kirby Street. This GPA analysis evaluates whether Whittier Avenue could be realigned to turn north from Olympia Way on the east end of

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Whittier Avenue Extension GPA Traffic Analysis
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the Sanderson Square Specific Plan to provide access to properties developed in APNs 456-030-020 and 456-030-010 without causing significant diversion of trips to adjacent roadways.

It is to be noted that although it is expected that a change in major roadways circulation may result in a change in vehicle miles traveled (VMT), no significant change is expected in terms of Citywide VMT as a result of the proposed GPA. The Whittier Avenue study segment functions as a collector in the City of Hemet General Plan Circulation Element. Collector streets are typically meant to provide access to parcel s from major roadways such as primary and secondary arterials. Because Collector streets do not provide regional access, the change in regional circulation resulting from their realignment would be minimal. Therefore, no significant change in Citywide VMT is expected as a result of the proposed GPA.

Existing and Future Traffic Volumes
Existing average daily traffic (ADT) volumes on the following roadways were collected in February 2022:
1) Warren Road between SR-74 and Stetson Avenue
2) Sanderson Avenue between Acacia Avenue and Stetson Avenue 3) Kirby Street between Acacia Avenue and Stetson Avenue 4) SR-74 between Warren Avenue and Acacia Avenue
5) Acacia Avenue between SR-74 and Kirby Street
6) Stetson Avenue between Warren Road and Kirby Street

It should be noted that Stetson Avenue between Warren Road and Kirby Street can be divided into three segments: 1) between Warren Road and the railroad track; 2) between the railroad track and Sanderson Avenue; and 3) between Sanderson Avenue and Kirby Street. The existing count was taken in Segment 2 (between the railroad track and Sanderson Ave nue). Segments 1 and 3 were calculated by factoring the existing roadway volume from the validated 2018 conditions from the Riverside County Transportation Analysis Model (RIVCOM). An evaluation of the existing roadway level of service (LOS) was prepared using roadway capacities from the County of Riverside General Plan Circulation Element, Figure C3. The existing traffic volumes and roadway LOS is shown in Table 1.

Table 1: Existing Roadway Volumes and Level of Service

As per the City of Hemet General Plan, the acceptable roadway segment standard is LOS C. As shown in Table 1, one roadway segment is currently operating at worse than LOS C. The segment of Sanderson Avenue between Acacia Avenue and Stetson Avenue currently operates at LOS F with a volume of 30,746 vehicles per day.

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Whittier Avenue Extension GPA Traffic Analysis
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General Plan Amendment Analysis
In order to evaluate the potential changes in traffic with the realignment of Whittier Avenue study to north of Olympia Way, the following traffic volumes forecasts were prepared using the RIVCOM model. • Horizon Year (2045) with Whittier Avenue (includes Whittier Ave between Warren Rd and Kirby St)
• Horizon Year (2045) without Whittier Avenue (GPA configuration – Includes Whittier Ave between Warren Rd and Sanderson Ave only)
The baseline RIVCOM 2018 and 2045 model networks do not include Whittier Avenue between Warren Road and Sanderson Avenue as part of the network. For both the analysis scenarios stated above, Whittler Avenue between Warren Road and Sanderson Avenue was added to the network. For the Horizon Year (2045) with Whittier Avenue analysis scenario, the RIVCOM network included the Whittier Avenue study segment between Sanderson Avenue and Kirby Street as well. For the Horizon Year (2045) without Whittier Avenue, the added network was terminated at Sanderson Avenue. Two full model runs were completed for both the analysis scenarios. The trip generation and distribution to the added Whittier Avenue segments in the model runs is automatically forecast by RIVCOM as a part of the model run process based on the County model input data and parameters included in the model.

It should be noted that the realignment of Whittier Avenue to north of Olympia Way is only to provide access to properties in APNs 456-030-020 and 456-030-010. No traffic thorough fare is planned as a part of the realignment. Any traffic volumes utilizing the realigned segment of Whittier Avenue would serve future development of these parcels. As such, the two above stated model run scenarios which forecast trip distribution with Whittier Avenue terminating at Kirby Street, and with Whittier Avenue terminating at Sanderson Avenue, are sufficient to provide a comparative analysis of the proposed realignment of Whittier Avenue to north of Olympia Way and the Whittier Avenue extension to Kirby Street.

The model data was post-processed to identify the yearly growth on each roadway segment between the 2018 RIVCOM base year and the two 2045 RIVCOM Horizon year conditions for each circulation network. The growth was then applied to the existing traffic volumes shown in Table 1.

The loaded network plots from the RIVCOM model as well as the post-processing calculations are provided as an attachment. The traffic volume on each roadway segment with and without Whittier Avenue study segment are shown in Tables 2 and 3.

Table 2: 2045 Roadway Volumes and Level of Service with Whittier Avenue Study Segment

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Whittier Avenue Extension GPA Traffic Analysis
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Table 3: 2045 Roadway Volumes and Level of Service without Whittier Avenue Study Segment

As shown in Tables 2 and 3, four of the eight study area roadway segments would operate at worse than LOS C in the 2045 condition, both with and without Whittier Avenue study segment. The same roadway segments would be deficient in both the with Whittier Avenue study segment and without Whittier Avenue study segment. Table 4 shows a comparison of the conditions in the with and without Whittier Avenue study segment Conditions for the four affected roadway segments.

Table 4: 2045 Comparison of without and with Whittier Avenue for Deficient Roadway Segments

As shown in Table 4, the volume and V/C ratio on Kirby Street between Acacia Avenue and Stetson Avenue would be lower with Whittier Avenue study segment removed, however it would be higher on the remaining four segments. The largest increase in volume would be 617 daily vehicles on Sanderson Avenue with an increase in the V/C ratio of 0.020. From the comparative study above, it can be concluded that the realignment of Whittier Avenue study segment to north of Olympia Way would not cause the LOS to worsen on any of the studied roadway segments and would not cause any roadway segment to deteriorate from satisfactory to unsatisfactory conditions or result in a significant impact.

Table 5 shows the current General Plan classification and the roadway configuration that would be required to achieve satisfactory roadway segment LOS on the three deficient roadway segments. It should be noted that these configurations would be required in both the without and with Whittier Avenue realignment. The proposed GPA would not cause the need for the roadway improvements and therefore is considered to have a negligible effect on roadway operations.

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Whittier Avenue Extension GPA Traffic Analysis
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Table 5: Recommended Improvements for Deficient Roadway Segments

The City of Hemet General Plan 2030 Section 4.4.1 Measuring Traffic Flow states that ‘The City accepts a Level of Service below “D” for roadways and intersections at Florida an d Sanderson Avenues, and at Devonshire and Sanderson Avenues, where Level of Service is affected by delays at Florida and Sanderson Avenues. As early as 1992 during a comprehensive General Plan update , the City has recognized that certain segments and inte rsections would exceed Level of Service “D”. These segments included portions of Florida Avenue, Stetson Avenue, and Sanderson Avenue. Measure C incorporated these problematic roads in the measure language, and portions of Florida, Sanderson and Stetson do not need to comply with Measure C’s standard. The land uses and circulation system in this General Plan have resolved the service level problems identified for Stetson Avenue; however, Florida Avenue and Sanderson Avenue would still operate below Level of Service “D” with implementation of the General Plan.’ Thus, t he City has determined that any segments that operate below LOS D would not require improvements. Therefore, consistent with the City’s General Plan, no improvements are recommended on Sanderson Avenue
Section 4.4.2 Improvements to Traffic Flow of the City of Hemet General Plan 2030 recommends the implementation of programs tha t increase roadway capacity and efficiency. The section states that the City will support measures such as coordination of signal timing and spacing as well as optimizing intersection capacity and turning movements . It is recommended that the City adopt a program for coordination of signal timing and spacing for corridors where both the intersections and roadways operate at unacceptable LOS. Upcoming developments may pay fair share into the signal timing and spacing program adopted by the City to improve these corridors.

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Whittier Avenue Extension GPA Traffic Analysis
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Figure 1: Existing Circulation Plan showing Proposed Segment to be Realigned

Section of Whittier Ave Extension proposed to be realigned as a part of GPA.

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Whittier Avenue Extension GPA Traffic Analysis
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Figure 2: APN Map

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Whittier Avenue Extension GPA Traffic Analysis
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Figure 3: Zoning Map

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Whittier Avenue Extension GPA Traffic Analysis
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Figure 4: Sanderson Specific Plan

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Whittier Avenue Extension GPA Traffic Analysis
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2018 RIVCOM Loaded Network Plot

Warren Rd
Sanderson Ave
Kirby St
Stetson Ave
Florida Ave

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Whittier Avenue Extension GPA Traffic Analysis
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2045 with Whittier Avenue RIVCOM Loaded Network Plot

Warren Rd
Stetson Ave
Sanderson Ave
Florida Ave
Kirby St
Whittier Ave

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Whittier Avenue Extension GPA Traffic Analysis
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2045 without Whittier Avenue RIVCOM Loaded Network Plot

Warren Rd
Stetson Ave
Sanderson Ave
Florida Ave
Kirby St Whittier Ave

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Whittier Avenue Extension GPA Traffic Analysis
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Volume Development Calculations
Roadway Limits Volume
Warren Rd SR-74 and Stetson Ave 16,732
Sanderson Ave Acacia Ave and Stetson Ave 29,503
Kirby St Acacia Ave and Stetson Ave 9,701
SR-74 Warren Ave and Acacia Ave 21,399
Acacia Ave SR-74 and Kirby St 10,936
Stetson Ave Warren Rd and RR Tracks 7,462
Stetson Ave RR Tracks and Sanderson Ave 8,153
Stetson Ave Sanderson Ave and Kirby St 20,038
Roadway Limits Volume
Warren Rd SR-74 and Stetson Ave 28,468
Sanderson Ave Acacia Ave and Stetson Ave 30,358
Kirby St Acacia Ave and Stetson Ave 12,892
SR-74 Warren Ave and Acacia Ave 27,605
Acacia Ave SR-74 and Kirby St 14,812
Stetson Ave Warren Rd and RR Tracks 18,342
Stetson Ave RR Tracks and Sanderson Ave 15,741
Stetson Ave Sanderson Ave and Kirby St 23,156
Roadway Limits
2018 - 2045
Growth
Total %
Growth
Growth %
per Year
Warren Rd SR-74 and Stetson Ave 11,736 70.1% 2.60% Sanderson Ave Acacia Ave and Stetson Ave 855 2.9% 0.11% Kirby St Acacia Ave and Stetson Ave 3,191 32.9% 1.22% SR-74 Warren Ave and Acacia Ave 6,206 29.0% 1.07% Acacia Ave SR-74 and Kirby St 3,876 35.4% 1.31% Stetson Ave Warren Rd and RR Tracks 10,880 145.8% 5.40% Stetson Ave RR Tracks and Sanderson Ave 7,588 93.1% 3.45% Stetson Ave Sanderson Ave and Kirby St 3,118 15.6% 0.58% Roadway Limits Volume
Warren Rd SR-74 and Stetson Ave 28,495
Sanderson Ave Acacia Ave and Stetson Ave 31,053
Kirby St Acacia Ave and Stetson Ave 11,982
SR-74 Warren Ave and Acacia Ave 27,595
Acacia Ave SR-74 and Kirby St 15,011
Stetson Ave Warren Rd and RR Tracks 18,482
Stetson Ave RR Tracks and Sanderson Ave 15,742
Stetson Ave Sanderson Ave and Kirby St 23,678
Roadway Limits
2018 - 2045
Growth
Total %
Growth
Growth %
per Year
Warren Rd SR-74 and Stetson Ave 11,763 70.3% 2.60% Sanderson Ave Acacia Ave and Stetson Ave 1,550 5.3% 0.19% Kirby St Acacia Ave and Stetson Ave 2,281 23.5% 0.87% SR-74 Warren Ave and Acacia Ave 6,196 29.0% 1.07% Acacia Ave SR-74 and Kirby St 4,075 37.3% 1.38% Stetson Ave Warren Rd and RR Tracks 11,020 147.7% 5.47% Stetson Ave RR Tracks and Sanderson Ave 7,589 93.1% 3.45% Stetson Ave Sanderson Ave and Kirby St 3,640 18.2% 0.67% 2018 Modeled Volume
2045 Modeled Volume (With Whittier)
Calculate Yearly Growth Rate (with Whittier)
2045 Modeled Volume (Without Whittier)
Calculate Yearly Growth Rate (with Whittier)

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Whittier Avenue Extension GPA Traffic Analysis
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Existing Whittier Avenue Conditions

Collector 2U (Private)

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Whittier Avenue Extension GPA Traffic Analysis
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Existing Whittier Avenue Per City of Hemet General Plan Circulation Element

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Whittier Avenue Extension GPA Traffic Analysis
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Whittier Avenue Per Sanderson Specific Plan and Per Proposed GPA

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CHAIR
Steve Manos
Lake Elsinore

VICE CHAIR
Russell Betts
Desert Hot Springs

COMMISSIONERS

Vacant

John Lyon
Riverside

Steven Stewart
Palm Springs

Richard Stewart
Moreno Valley

Michael Geller
Riverside

STAFF

Director
Paul Rull

Simon A. Housman
Jackie Vega
Barbara Santos

County Administrative Center
4080 Lemon St.,14th Floor.

Riverside, CA 92501
(951) 955-5132

www.rcaluc.org

RIVERSIDE COUNTY

AIRPORT LAND USE COMMISSION

October 19, 2022

Monique Alaniz-Flejter, Project Planner
City of Hemet Planning Department
445 E. Florida Avenue
Hemet CA 92543

RE: AIRPORT LAND USE COMMISSION (ALUC) DEVELOPMENT REVIEW – DIRECTOR’S DETERMINATION

File No.: ZAP1070HR22
Related File No.: GPA21-003 (General Plan Amendment)
APN: Citywide

Dear Ms. Alaniz-Flejter:

As authorized by the Riverside County Airport Land Use Co mmission (ALUC) pursuant to its Resolution No. 2011-02, as ALUC Director, I have reviewed City of Hemet Case No. GPA21- 003 (General Plan Amendment), a City initiated proposal to amend its General Plan Circulation Element adopting new Vehicle Miles Traveled thresholds to be compliant with Senate Bill 743 and a proposal removing a segment of Whittier Avenue from the Circulation Element Master Plan.

There are no developme nt standard changes or changes to zoning and land use that woul d increase resident ial density or non -residential intensity within the proposed amendments.

Therefore, these amendments have no p ossibility for having an impact on the safety of air navigation within the portions of the Hemet-Ryan Airport Influence Area located within the City of Hemet.

As ALUC Director, I hereby find the above- referenced project CONSISTENT with the 2017 Hemet-Ryan Airport Land Use Compatibility Plan .

If you have any questions, please contact me at (951) 955-6893.

Sincerely,

RIVERSIDE COUNTY AIRPORT LAND USE COMMISSION

______________________________________
Paul Rull, ALUC Director

cc: ALUC Case File

X:\AIRPORT CASE FILES\Hemet-Ryan\ZAP1070HR22\ZAP1070HR22.LTR.doc

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Figure 1

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Figure 2 -APN Map

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Figure 3 -Zoning Map

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Figure 4- Aerial Map

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Figure 5- Proposed Realignment of Whittier Avenue

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C I T Y O F H E M E T G E N E R A L P L A N 2 0 3 0
4-1
Hemet recognizes the
benefit that its traditional
grid street network
provides in furthering
modern environmental
“Smart Growth” and
“Complete Streets” efforts
and values the walkable
residential character
provided by that grid.

Hemet desires to meet
environmental and access
challenges of the future
through expanded
opportunities and
innovations in mobility
choices.

CHAPTER 4 CIRCULATION
Aerial View of Hemet (2008)
he Circulation Element establishes standards for the movement of people, goods, and services throughout the planning area and proposes concepts, strategies, and implementation measures necessary to support development of the land uses described in the Land Use Element. This element also focuses on new and innovative transportation concepts that balance the need for both efficiency and cost effectiveness in the development of local and regional circulation systems. The Circulation Element describes how Hemet residents and local employees move through the planning area and beyond using automobiles, public transit, bicycles, and pedestrian facilities..

4.1 SCOPE AND CONTEXT
Hemet has an extensive network of transportation facilities and mobility options to convey people and goods safely and efficiently. The City seeks to reduce traffic congestion and improve roadway safety, to provide enhanced travel alternatives to the automobile, and to provide better connections to regional travel routes. Accomplishing these objectives requires effective land use planning, roadway improvements, transportation system and demand management, and regional coordination. Hemet’s transportation planning policies acknowledge that roadway construction alone cannot solve circulation problems; that is, the City cannot build its way out of traffic congestion. The policies and programs in this element emphasize the need to improve existing roadways to their full capacity, reconfigure existing access options, and increase transit and alternative transportation modes of travel in addition to pursuing construction of new roads.

The City aims to create corridors of higher intensity land uses to support the future development and use of public transit, including extension of the Metrolink rail system to Hemet. Toward this end, the Circulation and Land Use Elements attempt to organize planned land uses and transportation modes in a manner that integrates residential and commercial land uses to reduce both the number and length of vehicle trips.

T

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The State of California General Plan Guidelines require that the Circulation Element fulfill the following objectives:
❖Ensure that anticipated growth and changes to land use dictated by the Land Use Element are supported by the transportation and circulation planning in this element. ❖Address relevant issues relating to the adequacy of “major thoroughfares, transportation routes, terminals, and other local public utilities and facilities.” ❖Identify circulation problems related to these facilities in the early stages and resolve them in local goals and policies without costly delays.
❖Furthermore, Assembly Bill (AB) 1358 (2007) requires that the Circulation Element provide accommodations for “complete streets” that promote usability of streets for all persons rather than just motorists.
❖Pursuant to Senate Bill 743, traffic impact analysis for CEQA compliance shall be based on Vehicle Mile of Travel (VMT).

The state also recommends that the Circulation Element:
❖consider the “preservation of transportation corridors for future system improvements” and ❖address consistency among state, regional, and local transportation plans to better resolve circulation issues.

This element provides the context from which to enhance the multiuse trails and bikeway system, offering both recreational and commuting opportunities to City residents. These enhancements also relate to the Land Use and Open Space and Conservation Elements because the trail system supporting walking and bicycling, both of which reduce demands placed on the automobile transportation system, improve air quality and provide alternative connections between land uses.

According to state planning law, each element of the General Plan must be internally and externally consistent. All elements of the General Plan are interrelated to a degree, and certain goals and policies of each element may also address issues that are the primary subjects of other elements. The integration of overlapping issues throughout the General Plan elements provides a strong basis for implementation of plans and programs and achievement of community goals.

The Circulation Element relates most closely to the Community Infrastructure and Services, Land Use, Open Space and Conservation, Recreation and Trails, and Art and Culture Elements.

The Land Use and Community Design Elements address land use patterns for existing and undeveloped areas, along with alternative methods to increase mobility based on land use patterns. The uses identified on the Land Use Map provide the basis for determining future circulation needs. The Open Space and Conservation Element addresses energy conservation and efficiency. The Community Services and Infrastructure Element addresses infrastructure, including energy transmission lines, water, sewage, and storm drainage. Some policies in this element address trails and pathways, which are closely related to the provision of parks and open space addressed in the Recreation and Trails Element. Air quality (a topic also found within the Open Space and Conservation Element) is integrally associated with transportation and circulation patterns. The goals and policies within the Open Space and Conservation Element rely on supporting policies and plans found within this element. Housing and other land uses rely

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on the circulation system. Roads, transit, and other transportation systems are essential for business, recreation, and daily life.

4.2 ISSUES AND OPPORTUNITIES
The results of the Circulation Element Update Transportation Study in conjunction with community input during the General Plan preparation process identified existing challenges and future opportunities regarding circulation and mobility within the City and Planning Area. These issues and opportunities are identified below.

4.2.1 TRADITIONAL GRID ROADWAY SYSTEM
Hemet’s downtown district and
surrounding residential areas developed
around a traditional grid system of streets.

Now called a “Neo-traditional” grid pattern,
Hemet has what many cities desire: a
circulation system that not only
accommodates cars but facilitates pedestrian
movement and links neighborhoods with
nearby shopping, consistent with the
concepts embodied under the state’s
“complete streets program”. A primary
issue however, is the fact that recent
development trends favor cul-de-sacs and
curvilinear street designs, which minimizes
through traffic on residential streets. To
address this issue, the circulation system
continues to provide for the City’s
traditional grid system and pedestrian connectivity where practical, with deviations typically occurring only where there are physical constraints.

4.2.2 IMPROVED ACCESS TO THE REGIONAL TRANSPORTATION SYSTEM Hemet is currently served by an older highway system developed for an agricultural community.

This is shown on Figure 1.1, the “Regional Context Map.” Newer and faster systems have been developed to the west and north of the City but as of 2010, there is a deficit of regional transportation facilities directly serving the City and integrating Hemet with the greater Riverside County area. This connection to regional transportation systems, both vehicular and rail, is critical to Hemet’s economic future and its ability to provide an expanded employment base for its citizens. Both City officials and regional agencies have recognized this issue and have focused on bringing regional transportation facilities to Hemet, which will include:
❖Realigned State Route 79 The City of Hemet has been an active partner with the Project Design Team (PDT) for the realignment of State Route (SR) 79. The PDT included partners from the Riverside County Transportation Commission (RCTC), California Department of Transportation (Caltrans), the Federal Highway Administration, and Riverside County. The final route for the SR 79 realignment was selected and the associated environmental impact report was certified by the RCTC on December 8, 2016. SR 79 will provide critical north/south connectivity to Interstate 10 (I-10) to the north and the Murrieta, Temecula and French Valley areas to the south.
❖Mid-County Parkway The Mid-County Parkway (MCP) is a proposed 16-mile transportation corridor that will relieve traffic congestion for east-west travel in western

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Riverside County between the San Jacinto Valley and Perris areas and help address future transportation needs through 2035. While not directly within City limits, the MCP will provide critical east-west circulation capacity and serves as an integral link to SR 79, Sanderson Avenue, and Ramona Expressway. The construction of the MCP will also serve to off-load some of the existing conjestion on Florida Avenue (Hwy 74), which is the primary east-west corridor in Hemet.
❖Future Metrolink Stations Currently, the RCTC owns the right-of-way along the railroad spur coming into Hemet from Perris and Riverside for a future Metrolink route. The City’s General Plan shows two Metrolink stations, one for the future West Hemet Business Park/Mixed Use area and one in downtown Hemet. The City has recognized the critical role Metrolink plays for the region and has incorporated numerous goals and policies throughout the General Plan encouraging development of the stations and development of transit- oriented design near the future stations. The City will need to aggressively pursue funding for these facilities in conjunction with RCTC, recognizing that funding resources will become increasingly competitive in the future.
❖Completion of Regional Roads to and through Hemet Two major east-west roads run to and through Hemet (Domenigoni Parkway and Florida Avenue). Major north-south streets include Warren Road, Sanderson Avenue, State Street, and San Jacinto Street. These roads are only partially completed and/or require additional rights-of-way. This General Plan anticipates completion of the major roads to and through Hemet, and recognizes that interagency coordination with Riverside County and the City of San Jacinto will be critical to ensure timely completion of the regional road network.

4.2.3 ROADWAY CONNECTIVITY CONSTRAINTS
Hemet’s roadway system is well developed; however, some connectivity gaps and design issues result in unnecessary traffic delays. For example, Devonshire Avenue is an important east-west street providing an intracity function. However, Devonshire Avenue does not connect State Street to San Jacinto Street because an existing public school campus is blocking through access, resulting in indirect access to the hospital from the west. Additionally, in many areas, right-of- way is not readily available to widen streets to accommodate additional traffic volume. The lack of established turning mechanisms, such as striping, traffic signals, and turn lanes, at critical intersections also results in traffic delays. However, these issues are not insurmountable. The City of Hemet has been working with the Hemet Unified School District to study the feasibility of moving the school to permit the extension of Devonshire. Streets and intersections can be widened as part of an ongoing capital improvement program (CIP). Furthermore, the Circulation Element provides clear goals, policies, and implementation programs pertaining to this issue resulting in a functional circulation system.

4.2.4 EXPANSION OF ALTERNATIVE TRANSPORTATION OPTIONS
The City already has in place an extensive alternative transportation network, including the existing rail line, bike paths, and the airport. Opportunities exist in the future to expand these facilities and enhance their utilization. For example, the railroad line is projected to accommodate the future Metrolink line connecting Hemet with the Cities of Perris, Riverside, and Los Angeles. Bike paths will be added to the network already in place and the existing street system can either be directly used or retrofitted to use neighborhood electric vehicles (NEVs).

4.2.5 TRAFFIC CONGESTION MANAGEMENT STRATEGIES
For most arterials, Hemet’s circulation network experiences an acceptable level of traffic flow.

However, Florida Avenue experiences congestion at key intersections such as at Sanderson

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Avenue, State Street and San Jacinto Street. Adding to the traffic delays are the number of signalized intersections along Florida Avenue. Enhanced intersection geometrics such as adding turn lanes, and upgraded and synchronized signal phasing will improve overall traffic flow. The City will need to implement new technologies and employ creative solutions such as Transportation Demand Strategies (TDM), to ensure that the roadway system is efficient, safe, and improves mobility for all users including vehicles, transit, pedestrians, and bicyclists.

4.2.6 CAL-TRANS CONTROLLED STATE HIGHWAYS
The California Department of Transportation, or Cal-Trans, has jurisdiction over the two state highways that transect Hemet: Hwy 74 (Florida Avenue) and Hwy 79 (various roadways). The future realignment of Hwy 79 will essentially mitigate the current circulation issues associated with this roadway. However, there are no plans to realign Hwy 74 to another route and as such, any modifications to the right of way for this roadway, including driveway access, signals, medians, and signage needs to be approved by Cal-Trans. Some cities within the region have taken over the maintenance responsibility – and thus gained local control- for portions of state highways. This has allowed greater flexibility and a less time-consuming process in implementing right of way improvements. The City of Hemet may also consider discussing with Cal-trans the opportunities for taking over jurisdiction of portions of Hwy 74.

4.2.7 HEMET-RYAN AIRPORT
The Hemet-Ryan Airport has provided aviation services for over half a century. As aviation needs change, however, so will the need for improvements to Hemet-Ryan Airport. The existing Hemet-Ryan Airport Master Plan adopted in 2004 is currently being updated and a proposed new plan is anticipated to be adopted by the County of Riverside the future. The new Layout Plan is proposed to include a 500 foot easterly extension of Runway 5-23 to allow for increased takeoff capacity to the west. As is the case in many cities where expansion of airports is contemplated, the obligation to protect residents from airport expansion issues, such as noise, must be factored into the discussion. The City of Hemet has traditionally supported the Hemet- Ryan Airport and this General Plan provides goals and policies continuing that support, but tempered with the realization that airport expansions are a complex and dynamic issue and that airport expansion should not be detrimental to the existing community and the necessary provision of surrounding circulation and infrastructure systems.

4.3 RELATED PROGRAMS, PLANS, AND REGULATIONS
Transportation planning and management requires cooperation and coordination among many state, county, and regional agencies. Relevant agencies include Caltrans, Riverside County, the Southern California Association of Governments (SCAG), Western Riverside County Council of Governments (WRCOG), and the South Coast Air Quality Management District (SCAQMD).

These agencies have federal and state mandates to adopt transportation-related programs that affect Hemet (and other jurisdictions throughout the area). Working together, agencies can address the physical infrastructure needed to support regional demands and ensure that convenient alternative transportation modes provide for an integrated, multi-modal approach to addressing traffic problems. The following plans affect the coordination of transportation planning efforts in the City of Hemet:

Regional Transportation Plan The Regional Transportation Plan (RTP) is a component of the Regional Comprehensive Plan and Guide prepared by SCAG to address regional congestion and transportation issues. The RTP has been developed with active participation from local agencies throughout the region, elected officials, the business community, community groups, private institutions, and citizens. It is a multi-modal, long-range planning document prepared in coordination with federal, state, and other regional, subregional, and local agencies throughout

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southern California. The RTP includes programs and policies for congestion management, transit, bicycles and pedestrians, roadways, freight, and transportation finance. The RTP is prepared every 3 years, and reflects the future horizon based on a 20-year projection of needs.

The RTP's primary use is as a regional, long-range plan for federally funded transportation projects. It also serves as a comprehensive, coordinated transportation plan for all jurisdictions within the region. Each agency responsible for transportation, such as local cities, the County, and Caltrans, has different transportation implementation responsibilities under the RTP. The RTP relies on the plans and policies governing circulation and transportation in each County and City to identify the region's future multi-modal transportation system.

Riverside County Integrated Project/Community and Environmental Transportation Acceptability Process Western Riverside County is projected to grow from a current population of about 1.2 million to 2 million in 2020. In an effort to improve the quality of life for current and future residents, Riverside County, RCTC, and SCAG embarked on a planning process to determine future placement of buildings, roads and open spaces within the County.

This process was named the Riverside County Integrated Project and resulted in three interrelated plans: a General Plan for land use and housing, a multiple-species habitat conservation plan to determine open spaces and conservation areas, and the Community and Environmental Transportation Acceptability Process (CETAP), which identifies improvements for highways and transit systems. The integration of these distinct planning efforts will improve their ultimate effectiveness.

The main goals of CETAP are to: (1) identify and set aside areas for major transportation facilities; (2) ensure that transportation infrastructure will be in place to foster the economic development of Riverside County; and (3) provide access to schools, jobs, shopping and other daily activities. One major component of the CETAP was to identify a location for the SR 79 realignment through the communities of Hemet and San Jacinto. Other goals include providing expanded rail service and express bus service throughout Riverside County. Decisions reached through the CETAP will affect transportation facilities and opportunities within Hemet.

Riverside County and City of San Jacinto Circulation Elements The Riverside County Circulation Element forms part of the County’s general plan. This element identifies the system of regional arterials and bikeways in the community of Winchester and other unincorporated portions of the Planning Area. The San Jacinto Circulation Element identifies arterial roadways and bikeways in areas adjoining the north side of the City of Hemet.

In developing the Circulation Plan, the City coordinated with both Riverside County and the City of San Jacinto to ensure connectivity with the adjoining circulation networks as shown in their respective general plans.

Riverside County Congestion Management Plan Urbanized areas such as Riverside County are required to adopt a congestion management program (CMP). The Riverside County CMP is updated every 2years, pursuant to Proposition 111 (1990). The goals of the CMP are to reduce traffic congestion, to improve air quality, and to provide a coordination mechanism between land development and transportation improvement decisions. The CMP is administered by RCTC. In compliance with the CMP, the City is required to maintain minimum level of service (LOS) standards identified in the General Plan and require traffic impact assessments or studies for development projects.

Measure A Measure A, Riverside County's half-cent sales tax for transportation, was adopted by voters in 1988 and extended in 2002. It will continue to fund transportation improvements through 2039. Measure A funds a wide variety of transportation projects and services throughout

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the county. RCTC is responsible for administering the program. Measure A dollars are spent in accordance with a voter-approved expenditure plan that was adopted as part of the 1988 election. Among the programmed projects for Measure A is the realignment of SR 79.

City of Hemet Measure C On June 7, 1988, Hemet voters approved a measure to require updating the City’s General Plan to incorporate performance measures related to traffic, drainage facilities, water storage and distribution facilities, park and recreational facilities, police services, fire services, and sanitary sewers. These performance standards were incorporated into the 1992 General Plan as a component of the Public Services and Facilities Element. They are incorporated into the various goals, policies, and implementation measures within General Plan 2030 and are attached as Appendix G.

Transportation Uniform Mitigation Fee When voters approved the extension of Measure A in 2002, they also approved the Transportation Uniform Mitigation Fee (TUMF) program.

Under the TUMF, developers in western Riverside County pay a fee to fund transportation projects. A network of TUMF projects has been developed and includes projects in the City of Hemet. The Western Riverside Council of Governments (WRCOG) was designated as program administrator for the TUMF program. As administrator, WRCOG receives all fees generated from the TUMF that are collected by local jurisdictions. WRCOG invests, accounts for, and spends the fee in accordance with the TUMF ordinance, the administrative plan, and applicable state laws. Local jurisdictions implement the projects approved as part of the TUMF.

State Route 79 Realignment Project SR 79 is a regional roadway that currently follows a circuitous north-south route through the central areas of Temecula, Murrieta, Winchester, Hemet, and San Jacinto. SR 79 has historically formed the backbone of development in Hemet and provides the City with valuable regional connections. The current SR 79 alignment within Hemet extends from Domenigoni Parkway to Gilman Springs Road, a distance of approximately 18 miles. Several factors have contributed to circulation deficiencies on SR 79 between Domenigoni Parkway and Gilman Springs Road. The current alignment is ineffective because it does not provide a direct regional north-south route; rather, it directs traffic through downtown Hemet and across numerous access points, resulting in traffic delay. Also, SR 79 does not meet commercial large-truck roadway requirements, forcing such trucks onto local roads, creating congestion in Hemet. The many businesses, residences, and other facilities located in downtown Hemet generate many vehicle trips. As a result, east-west and north-south through traffic is mixed with local traffic attempting to access the numerous businesses in Hemet, resulting in traffic congestion. Consequently, to avoid these through-town delays, regional traffic is avoiding SR 79 and using parallel arterials, such as Sanderson Avenue and Warren Road.

The existing SR 79 alignment has inadequate capacity to accommodate the regional and local travel demand associated with projected growth in western Riverside County. Hemet needs a more effective connection to improve roadway efficiency, safety, and vehicle capacity. In recognition of these factors, in 2016 the RCTC adopted a plan to realign SR 79, as shown in General Plan Roadway Circulation Master Plan. The realignment, which will run diagonally between Domenigoni Parkway at Winchester Road and Gilman Springs Road, is the City’s preferred alignment location. It will separate local and regional traffic by transforming SR 79 into a regional highway that redirects heavy regional traffic off of local and residential roads. It will provide regional motorists a direct, north-south route and improve mobility and safety on Hemet's local streets.

Capital Improvement Program The CIP is a planning tool used to coordinate the financing and scheduling of major City projects, including transportation improvements. Not all projects included in the CIP have budget approval. The City’s CIP is revised on an annual basis to meet

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changing needs, priorities, and financial conditions. Major funding sources in Hemet include the General Fund, Redevelopment Funds, and Enterprise Funds. Sales tax is the largest single revenue source in the General Fund. Other funding sources include development fees, property taxes, sales tax, and the gas tax.

Vehicle Trip Reduction Program for Employment The City’s Trip Reduction Program is applicable to new employment-generating developments that could employ 100 or more persons.

Smaller employers may participate. New developments must incorporate facilities and/or programs in their development plans sufficient to reduce work-related trips by 12 percent from the ordinarily expected number of trips related to the project, based on methodologies and standards established by the Institute of Traffic Engineers, SCAG, and/or SCAQMD. The Trip Reduction Program implements the Model Mobile Source Reduction Program and allows the City to receive revenues from state vehicle registration fees to administer programs to reduce air pollution.

Western Riverside Council of Governments Non-Motorized Transportation Plan The Western Riverside Council of Governments Non-Motorized Transportation Plan provides a system of regional bicycling and walking routes throughout the County, typically shown as regional routes between subregional networks within cities and as the portions of those subregional networks that serve as regional routes. This is a necessary tool to ensure that Hemet’s network connects to the larger regional network and to ensure that the portions of Hemet’s network that serve a regional function are consistent in capacity and design to the larger, regional network. The nonmotorized transportation plan for the Hemet area is discussed in section 4.7.1.

Hemet-Ryan Airport Master Plan The Hemet-Ryan Airport is located in the City of Hemet. It is owned by Riverside County and operated by the Riverside County Economic Development Agency. The Hemet-Ryan Airport Master Plan was adopted in 2004 and a new layout plan has recently been proposed, and is anticipated to be adopted by the County of Riverside in the future. The Master Plan reflects anticipated development of the airport, including runways, taxiways, and associated land areas for both the improvements and safety zones, along with improvements in airport facilities, hangar and tie-down areas, and public access. A 500 foot easterly extension of Runway 5-23 is anticipated in the new layout plan which would facilitate take-offs in the westerly direction.

California AB 1358: The Complete Streets Act (2013)
AB 1358, the Complete Streets Act, requires cities and counties to identify how the jurisdiction will provide for the routine accommodation of all users of the roadway, including motorists, pedestrians, bicyclists, individuals with disabilities, seniors, and users of public transportation.

Complete streets help facilitate a variety of important community benefits. Section 4.4.7 of this element identifies these benefits and how Hemet’s network meets the requirements of the Act.

California SB 743: Measuring Traffic Impacts Using VMT (2019) SB 743 requires VMT be utilized as the metric for determining transportation impacts in CEQA.

All development projects in California will be required to to complete VMT assessments, consistent with SB 743 or City Traffic Guidelines, and incorporate TDM as mitigation measures as needed. The City of Hemet adopted thresholds of significance related to VMT in 2020.

SB 743 no longer allows LOS to be utilized to determine transportation impacts in CEQA.

However, LOS can still be required as policy general plans and used in cities to size the circulation network.

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California Bicycle Transportation Act
The intent of the California Bicycle Transportation Act is to design and develop a transportation system that achieves the functional commuting needs of the employee, student, business person, and shopper; ensures the physical safety of the bicyclist and bicyclists’ property; and accommodates bicyclists of all ages and skills. The California Streets and Highways Code spells out required components of bicycle plans each jurisdiction must include to be eligible for Caltrans Bicycle Transportation Account (BTA) funds. Local governments seeking these funds must have their plan approved by the regional funding agency.

The City of Hemet General Plan Traffic Study specifically addresses a number of the requirements of the California Bicycle Transportation Act in Chapter 5 of this report. Key routes are developed to meet the needs of the users outlined in the Bicycle Transportation Act: employees, students, business people and shoppers.

The plan also focuses on the safety of bicyclists by providing design classifications and best practices related to street network configurations. The use of on- and off-street facilities provides a variety of route configurations that may accommodate bicyclists of all different ages and skills at different locations throughout the City. As the City continues planning for the future, it is recommended that additional components of a complete bicycle plan be developed in order to be eligible for BTA funds.

California AB 32: The Global Warming Solutions Act (2006) AB 32, the Global Warming
Solutions Act, establishes the first-in-the-world comprehensive program of regulatory and market mechanisms to achieve real, quantifiable, cost-effective reductions in greenhouse gasses (GHG). AB 32 makes the California Air Resources Board (CARB) responsible for monitoring and reducing GHG emissions and continues the existing Climate Action Team to coordinate statewide efforts. This landmark legislation calls for a reduction of the state’s greenhouse gas emissions to 1990 levels by 2020 and will require the state to cut emissions by 30 percent over projected levels. Reduction measures proposed to meet the 2020 target levels are to be adopted by the start of 2011.

The Circulation Plan defines a network of bicycle routes, transit, neighborhood electric vehicle (NEV) and pedestrian accommodations that encourages Hemet residents to utilize modes of transportation other than the automobile. The Plan provides a network to connect to regional bicycle and pedestrian trails from the Western Riverside County Non-Motorized Transportation Plan (Urban Crossroads, Inc., June 2010). The Non-Motorized Transportation Plan evaluates demand for such facilities. The Circulation Element also describes public transit, and NEV connectivity to major employment and activity centers to facilitate access to these destinations without the use of an automobile.

California SB 375 (2008)
SB 375 requires the California Air Resources Board (CARB) to set regional targets for years 2020 and 2035 to reduce greenhouse gas emissions from passenger vehicles. The targets apply to regions in the state covered by the 18 metropolitan planning organizations (MPOs)––SCAG is the MPO that represents the City of Hemet and other parts of western Riverside County. SB 375 provides emissions-reducing goals regions can plan for, integrates planning activities, and provides incentives for local governments and developers to follow new, conscientiously planned growth patterns. Reducing the number of vehicle miles traveled (VMT) is one strategy MPOs can employ to achieve these targets.

The intent of SB 375, and its successor SB 743, are intended is to reduce VMT by reshaping the face of California’s communities into more sustainable, walkable environments with alternative transportation options and increased quality of life. SB 375 provides incentives for creating attractive, walkable, sustainable communities and revitalized existing ones. SB 375 and SB 743 It also encourage TDM measures for the

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development of more alternative transportation options, including well-planned and -maintained pedestrian and bicycle routes, and other trip reduction strategies.

The Circulation Plan provides a framework for key routes and alternative transportation facilities that will enhance connectivity within the City of Hemet and between nearby jurisdictions. The proposed plan enables travel by various modes to major activity areas and large employment centers. It also serves existing and future planned transit facilities, including potential future Metrolink stations.

4.4 ROADWAY CIRCULATION

4.4.1 MEASURING TRAFFIC FLOW
Roadway networks must be regularly evaluated to ensure they are moving vehicles efficiently and maintaining adequate capacity to support future growth. Evaluating the ability of the circulation system to serve residents and businesses in Hemet requires establishing performance criteria. Performance criteria have a policy component that establishes a desired Level of Service (LOS), and a technical component that specifies how traffic forecast data can be used to measure criteria achievement. Within the Circulation Element, Volume-to- capacity (V/C) ratios are used to establish LOS categories describing the performance of roadways and access points throughout the community. The City of Hemet values LOS as a tool to manage congestion and size infrastructure, and requires VMT for CEQA analysis.

Volume-to-Capacity Ratio This ratio (i.e., a ratio between traffic volume and theoretical capacity of the roadway) is used to measure the performance of roadway facilities. Volume is established either by a traffic count (in the case of current volumes) or by a forecast for a future point in time. Capacity refers to the vehicle carrying ability of a roadway at free-flow speed and is a critical component of roadway design. For example, a roadway that carries 16,000 vehicles per Table 4.1
Level of Service Definitions for Intersections
Level of
Service
Volume-to-
Capacity
Ratio
Description
A 0.00-0.60 Free Flow/Insignificant Delays: No approach phase is fully utilized by traffic and no vehicle waits longer than one red indication.

B 0.61-0.70 Stable Operation/Minimal Delays: An occasional approach phase is fully utilized. Many drivers feel somewhat restricted within platoons of vehicles.

C 0.71-0.80 Stable Operation/Acceptable Delays: Major approach phases fully utilized. Most drivers feel somewhat restricted.

D 0.81-0.90 Approaching Unstable/Tolerable Delays: Drivers may have to wait through more than one red signal indication. Queues may develop but dissipate rapidly, without excessive delays.

E 0.91-1.00 Unstable Operation/Significant Delays: Volumes at or near capacity. Vehicles may wait through several signal cycles. Long queues form upstream from intersection.

F N/A Forced Flow/Excessive Delays: Represents jammed conditions. Intersection operates below capacity with low volumes. Queues may block upstream intersections.

Source: Highway Capacity Manual, Transportation Research Board, Special Report No. 209, Washington DC, 2000.

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day, with the capacity to accommodate 20,000 vehicles per day at free-flow speed, has a V/C of

0.80. Level of Service LOS describes the efficiency and quality of traffic operations. LOS is a tool used to describe the operating characteristics of the street system in terms of the level of congestion or delay experienced by vehicles. Service levels range from A through F, with each level defined by a range of V/C ratios, as shown in Table 4.1. LOS A, B, and C are considered good operating conditions, with only minor delays being experienced by motorists. LOS D represents operating conditions where drivers occasionally have to wait through more than one signal cycle to proceed through the intersection. LOS E is considered a near-capacity condition, and LOS F represents an oversaturated condition with long delays.

Level of Service Standards Various LOS policy standards have been established to evaluate observed traffic conditions, future development plans, and circulation system modifications. At the local level, the City of Hemet has established LOS D as the lowest acceptable LOS for peak- hour intersection movements and LOS C as the lowest acceptable LOS for roadway segment operations.

The City has not adopted an LOS standard for unsignalized intersections. Performance of unsignalized intersections is evaluated on a case-by-case basis. At the regional planning level, Riverside County’s congestion management plan (CMP) specifies LOS E as the operating standard for roadways and intersections on the CMP highway system.

The City has also established additional thresholds for project impacts through VMT assessments and City Traffic Guidelines that go beyond acceptable operational LOS analysis in order to address direct project impacts on roadway capacity. For purposes of compliance with the California Environmental Quality Act (CEQA), project impacts shall be measured based on compliance with SB 743. that increase V/C by .01 or more on affected roadway segments at intersections already experiencing or projected to experience LOS E or F conditions are considered to create potentially significant impacts, and a traffic analysis report and mitigation measures are required. This requirement is designed to reduce the occurrence of both roadway congestion and underfunded improvements.

The City accepts a Level of Service below “D” for roadways and intersections at Florida and Sanderson Avenues, and at Devonshire and Sanderson Avenues, TDM measures are recommended as opposed to infrastructure improvements in order to most effectively and efficiently manage congestion within the constrained roadway network. where Level of Service is affected by delays at Florida and Sanderson Avenues. The City has recognized that certain segments and intersections would exceed Level of Service “D” as early as 1992 during a comprehensive General Plan update. These segments included portions of Florida Avenue, Stetson Avenue, and Sanderson Avenue. Measure C incorporated these problematic roads in the measure language, and portions of Florida, Sanderson and Stetson do not need to comply with Measure C’s standard. The land uses and circulation system in this General Plan have resolved the service level problems identified for Stetson Avenue; however, Florida Avenue and Sanderson Avenue would still operate below Level of Service “D” with implementation of the General Plan.

Where traffic conditions warrant, such as The primary reasons for exceeding level of service “D” in the vicinity of Florida Avenue and Sanderson Avenue, TDM measures are recommended as opposed to infrastructure improvements in order to most effectively and efficiently manage congestion within the constrained roadway network. shall be applied as needed. include closely- spaced traffic signals along Florida Avenue, through-traffic slowed by left turns into commercial driveways on Florida Avenue, and a lack of available right-of-way to widen streets. Over the years, businesses have been built along Florida Avenue, limiting the possibility for roadway

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widening. Widening could only occur if those businesses are acquired through imminent domain and demolished. The City believes that the costs of imminent domain and demolition of existing business exceeds the benefits of slightly better capacity at these few select intersections.

4.4.2 IMPROVEMENTS TO TRAFFIC FLOW
To maximize the efficiency of its circulation system, the City has determined where physical improvements to the circulation infrastructure can be made to expand capacity and increase traffic flow. There are three basic methods to reduce traffic congestion: reduce traffic demand, increase roadway capacity and efficiency, or spread demand to off-peak hours. All methods are used to improve transportation planning as a component of the Circulation Element and in the recommended implementation programs. Reducing demand involves encouraging divers to use alternative modes of transportation such as transit, bicycling, walking for nearby trips or participating in carpools/vanpools. Increasing capacity involves adding more lanes, roadways, and increasing intersection turning movements and efficiency. Spreading demand includes the use of alternative work schedules, and locating commercial, employment, educational and recreational facilities in close proximity to residential areas.

To maximize the overall efficiency of the roadway system, the City will support the following measures:
❖coordinate traffic signal timing and spacing,
❖optimize intersection capacity and turning movements;
❖discourage on-street parking along most secondary, major, and arterial streets, and expressways In newly developing areas, parking will generally not be accommodated on any master planned street or road. The exception is for streets designated as Divided Secondary, where project designs may include on-street parking in conjunction with parks or similar amenities.
❖explore ways to reduce the demand for vehicular transportation, specifically through the provision and maintenance of bike lanes, bikeways, trails, and pedestrian routes; ❖promote the extension of the Metrolink commuter rail line to Downtown and West Hemet, and explore additional opportunities for light rail, trolley systems, bus rapid transit, and local transit routes;
❖accommodate Neighborhood Electric Vehicles (NEVs) where practical and encourage additional regional transit services and support facilities; ❖implement the City’s Transportation Demand Management (TDM) ordinance (Chapter 30, Article 3 of the City of Hemet Municipal Code) which specifies a variety of techniques available to employers with 100 or more employees to advance the goals of efficiently utilizing the existing and planned transportation system and reducing vehicle emissions. TDM strategies are designed to encourage individuals to use alternatives to the single-occupant automobile. Some examples of TDM strategies are carpools and vanpools, public transit, nonmotorized modes, congestion pricing, and providing the public with reliable and timely traveler information.

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❖encourage and implement designated Mixed-use districts to provide an integrated mix of residential, commercial, office, and recreational/cultural land uses to reduce vehicle miles and promote walkability.

Trip Reduction Strategies Table 4.2 below summarizes the potential benefit of the various trip reduction strategies outlined with the Circulation Element, and the percentage of vehicle miles that are projected to be reduced with the implementation of each strategy.

Table 4.2
Trip Reduction Strategies
Measure Applicability VMT Reduction Range
Mixed Use Areas
Designated mixed use
areas in the City
anticipated to include
residential, office, and
retail uses
9 – 30%
Providing Pedestrian
Facilities
Citywide 0 – 2%
Implement
Neighborhood Electric
Vehicle (NEV) Network
Citywide

0.5 – 12.7%
Incorporate Bike Lanes /
Increase Density
Citywide 0.05 – 0.14%
Increase Transit
Accessibility
Citywide 0.5 – 24.6%
VMT = Vehicle Miles Traveled

4.4.3 REGIONAL ROAD CIRCULATION
Mobility in Hemet is directly related to the regional transportation network, because the City lies at the confluence of SR 74 and SR 79. Interstate 215 (I-215) and Interstate 15 (I-15) are located west of Hemet, and. SR 60 and I-10 are located to the north. In addition to these freeways, other connections to the region include the Burlington Northern Santa Fe Railway (BNSF Railway) line, which is a freight line used for goods transportation. Hemet is also connected to the region via the RTA bus system. The Metrolink commuter rail system provides public transit access within nearby cities and counties. There is currently no Metrolink service in Hemet; however, future station locations have been identified for downtown Hemet and to serve the west Hemet area. Figure 1.1 shows Hemet’s regional transportation context.

The City has made substantial efforts in recent years to improve traffic conditions on local roadways and to encourage multi-modal travel options. However, Hemet needs better roadway circulation between residential areas and regional employment and commercial centers and better access to regional transportation systems.

The high levels of pass-through traffic associated with regional development and securing funding sources for circulation improvements are also key concerns. One of the most pertinent regional transportation issue in Hemet is accommodating regional through-traffic originating in nearby communities. Specifically, growth in unincorporated Riverside County could lower the LOS on Hemet’s roadways, and therefore lead to restriction of development within Hemet in

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order to meet LOS performance criteria. In the past, unchecked regional growth has resulted in unexpected and unplanned traffic congestion on City streets. This regional traffic also includes commercial truck traffic. Hemet needs a circulation system that routes truck and commercial traffic away from residential streets toward larger expressways and larger arterials.

State Route 79 Another source of regional traffic is SR 79, which is currently routed from Temecula to Beaumont via Winchester Road, Florida Avenue, San Jacinto Avenue, North State Street and Gilman Springs Road, and Lamb Canyon. Florida Avenue is also the route of SR 74.

SR 79 is proposed to be realigned to include an expressway that diverts from Winchester Road near Domenigoni Parkway, running north-northeast to rejoin existing SR 79 south of Lamb Canyon. Currently, motorists bypass the existing SR 79 by using Domenigoni Parkway to join either Warren Road or Sanderson Avenue, which leads directly to Lamb Canyon, avoiding Florida Avenue and San Jacinto Avenue. The proposed realignment of SR 79 is one component of improving regional transportation in Hemet.

Many of Hemet's regional and local circulation issues center on existing SR 79’s design, capacity, and alignment deficiencies. Many issues will be resolved with the proposed realignment of SR 79 to a new expressway in the western portion of the planning area, including the provision of a significant opportunity to attract new industries and jobs to the city. The timely construction of this expressway is of critical importance to the City, and needs to be pursued diligently with RCTC and CalTrans.

SR 79 is designed to ultimately be a six lane expressway, although the initial construction is planned to be four lanes within an approximate 230 foot right of way. Approval of the environmental clearance (Final EIR) and the ultimate alignment and design configuration occurred in December 2016. The expressway is projected to be constructed in phases, with construction to commence when funding is obtained. The adopted alignment is shown on the general plan Land Use Map (Figure 2.1) and on the Roadway Circulation Master Plan (Figure

4.1). Grade separated intersections in Hemet are planned for Florida Avenue, Stetson Avenue, Domenigoni Parkway and Esplanade Avenue.

State Route 74 (Florida Avenue) serves as the only route to the mountain resort areas to the east. With the completion of Domenigoni Parkway, some traffic was diverted in the area west of State Street. However, Florida Avenue serves as the primary arterial street traversing the City from west to east. Further to the north, north of the City of San Jacinto, the Ramona Expressway provides both an east-west route between I-215 and the easternmost portion of Florida Avenue and a northwest route: Gilman Springs Road connects the Ramona Expressway with SR 60.

Thus, only three thoroughfares provide a through, east-west travel route across Hemet and San Jacinto. A future thoroughfare—the Mid-County Parkway—will parallel the Ramona Expressway and add east-west capacity.

Mid-County Parkway The Mid-County Parkway (MCP) is a 16-mile east-west expressway planned to connect I-215 and SR-79. Although the expressway is located north of Hemet, it will provide connections to Warren Road, Sanderson Avenue and Hwy 79. As a major east-west corridor into the San Jacinto Valley, it will also provide for regional connectivity and help reduce future traffic volumes on Florida Avenue.

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Figure 4.1 Roadway Circulation Map

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Back of Figure 4.1

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Stetson Avenue This arterial currently runs east-west through the developed portions of Hemet and the southeast Hemet unincorporated area of the County. Stetson Avenue has been designated as a four-lane route in both the previous City of Hemet and current Riverside County general plans, but is built as a two-lane road in the unincorporated southeast area. This element designates Stetson Avenue as a six-lane arterial route west of Sanderson Avenue to follow the BNSF Railway line and proposes a future Metrolink station near the interchange between future Stetson Avenue and future SR 79. The new West Stetson Avenue is proposed to continue westerly through Menifee and ultimately connect with I-215 at the McCall Boulevard interchange, serving as an additional regional access.

In developing a regional transportation network, Hemet must also consider the relationship between vehicle miles traveled and greenhouse gas (GHG) emissions. On September 30, 2008, Governor Arnold Schwarzenegger signed Senate Bill 375 into law, requiring Metropolitan Planning Organizations, including SCAG, to develop a Sustainable Communities Strategy (SCS) as part of the RTP. As an option, the law authorizes WRCOG and other SCAG subregional agencies to prepare a subregional SCS. The SCS is intended to provide a path to reach the goals of AB 32, the Global Warming Solutions Act of 2006, which requires the state to reduce GHG emissions to 1990 levels by the year 2020. The SCS is generally defined as a development pattern that meets the state target for reducing GHG emissions, while considering the region's housing needs, transportation demands, and protection of resource lands. In concert with developing regional transportation options, Hemet has placed land uses in a manner that reduces the number of home-to-work trips during peak travel hours and implemented TDM programs, which increase average vehicle ridership and shift a portion of such trips to nonpeak hours.

There is a particular need to encourage industrial uses and employment opportunities within the City in order to reduce traffic on major roads. Building shopping and employment centers within Hemet’s planning area would reduce the distance that City residents drive to regional shopping and employment centers and would aid the local economy.

4.4.4 LOCAL ROAD CIRCULATION
Hemet’s roadway system is well developed; however some connectivity gaps and design issues result in unnecessary traffic delays. In many areas, right-of-way is not available to widen streets to accommodate additional traffic volume. The provision of expanded turning mechanisms, such as striping, traffic signals, and turn lanes, at critical intersections would alleviate a majority of the traffic delays. Many of Hemet’s local collector streets were developed before the current standards for collector roadways, which creates traffic delay and safety hazards when high- volume traffic comes into contact with residential driveways. Also, minimizing the number of direct access points on Hemet’s major roadway corridors, such as SR 79, would improve traffic delay and safety issues.

Transportation System Management (TSM) and TDM strategies can improve the mobility and efficiency of a circulation system. TSM involves physical improvements to the circulation infrastructure to expand capacity and increase traffic flow, while TDM involves reducing the demand for vehicular transportation. TSM and TDM strategies provide relief from increasing demands for more improvements to transportation facilities. Examples of TSM include synchronizing traffic signals, removing on-street parking on certain roads, and changing intersection geometries. Priority should be given to TSM strategies that improve LOS, especially in areas that are fully developed, before more costs and capacity-increasing strategies are employed. Examples of TDM include making better use of existing roads, reducing auto use in congested areas or peak-hour traffic times, and increasing public transit ridership. The City coordinates TSM and TDM efforts with Riverside County’s CMP.

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The local street system serves the community’s primary needs for mobility and access. The City’s arterial/collector roadway network generally corresponds to a one-quarter-mile grid pattern. This system emphasizes carrying traffic on a relatively large number of collector streets, rather than concentrating traffic on a small number of high-volume arterials. SR 74 and SR 79 serve local and regional through traffic.

4.4.5 CIRCULATION MASTER PLAN
The City’s existing circulation network consists primarily of roadways. However, transit services, multi-use trails and bikeways, and air traffic at Hemet-Ryan Airport are also used by City residents, but to a lesser extent because of a current lack of multi-modal connections. As shown on Figure 4.1, the updated Circulation Element provides a framework for a comprehensive multi-modal transportation network and the integration of complete streets.

The Circulation Element goals and policies emphasize:
❖regional access, particularly a realigned and expanded SR 79; ❖continuation of the City’s traditional grid street system to provide greater connectivity within the City;
❖a balance between the provision of street infrastructure and the maintenance of the residential character of neighborhoods;
❖a recognition of the potential effect of development on the capacity of streets and the need to reduce impacts by promoting alternative development patterns and modes of transportation; and
❖the value of providing commuter rail, bus, bicycle, pedestrian, and equestrian pathways as alternate modes of travel for current and future residents.

The planning horizon for Hemet’s roadway system is 2030. The City’s Roadway Circulation Master Plan (Figure 4.1) has been developed to accommodate anticipated vehicle traffic volumes in 2030. This plan has been developed in close coordination with land use policies to ensure that traffic generated by new development will not compromise the City’s goal to ensure that intersections and roadway segments operate efficiently.

The map identifies existing and proposed components of the City’s roadway circulation system.

The primary enhancement is the realignment of portions of SR 79. SR 79 currently runs east- west along Florida Avenue concurrent with SR 74 from the west end of the City to San Jacinto Street, where SR 79 turns north. Details describing the SR 79 realignment are provided in the regional circulation discussion.

Although most of central Hemet is already developed, most remaining developable land is located in the western part of the City, and within the Planning Area. New development in west Hemet will require construction of new roads to provide circulation for future residents and businesses. Land Use Element policies enabling reuse and redevelopment within established portions of the City, particularly within key roadway corridors, may also necessitate roadway widening and intersection enhancements.

The traffic impact analysis prepared for the General Plan Update (Urban Crossroads, 2011) determined that the proposed circulation plan and roadway network would accommodate the future traffic demands of the land use plan at build out (2030). Intersections are also projected to

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operate at acceptable levels of service with the exception of two existing intersections that already are impacted: Florida Ave. and Sanderson Ave., and Devonshire and Sanderson Ave.

Improvements to these intersections are constrained by existing development on either side of the roadway.

The Roadway Circulation Master Plan (Figure 4.1) generally conforms to previously adopted 1992 circulation master plan, except that some new streets are added or reclassified, and lane configurations or intersection geometrics have been modified for selected street segments. A comparison of the identified changes to the roadway network is provided in Appendix D of the General Plan.

Sustainable Transportation Network Sustainable transportation networks are designed to improve the balance between environmental concerns, community objectives, and performance (mobility and safety). Within Hemet, progress toward a su stainable transportation system can be advanced by focusing on the following objectives, as stated in the General Plan traffic analysis by Urban Crossroads (2011):
❖Network Connectivity (more than one route between land uses and a mixture of low speed and high speed road connections wherever possible)
❖Operational Balance (flexibility to achieve community objectives and place making without sacrificing safety and mobility)
❖Emissions Reduction / Energy Efficiency (prioritize designs which minimize idling times and vehicle miles traveled, help conserve resources and minimize waste) ❖Pedestrian and Bicycle Accommodations (walkways and bikeways fully integrated) ❖Transit Readiness (access to transit stops and effective interface of modes ❖Neighborhood Electric Vehicle Facilities (system of NEV provisions: paths, lanes, charging stations, etc.)
❖Quality Public Space (roadways spatially defined with structures and landscaping).

4.4.6 ROADWAY CLASSIFICATIONS
Circulation plan roadways in Hemet are defined using a hierarchical classification system. Each type of roadway is described by size, function, and capacity. The circulation plan establishes eight types of roadways, ranging from six-lane highways to two-lane roadways. The circulation plan does not describe SR 79 (which will be a Caltrans facility) or local streets. Although there are numerous local streets serving individual neighborhoods, and these streets feed into the larger roadway network, they are not considered master-planned streets that are part of the circulation network. The design of the local streets is still subject to the City’s engineering and subdivision Street Standards. The realigned SR 79, west of Warren Road, is being designed to expressway standards. Design is undertaken by Caltrans, with primary overview by RCTC. SR 79 is anticipated to be constructed in phases, with the first phase to include fewer lanes and at-grade crossings, with additional lanes, interchanges, and overpasses added later.

City roadways consist of both divided and undivided roadways. Divided roadways generally contain a physical barrier or buffer, such as a curbed median or a continuous two-way left-turn lane, between each direction of travel. Divided roadways remove vehicles making a left turn from the travel lanes to keep slowing vehicles from impeding through traffic and constricting

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roadway capacity. Undivided roadways do not contain a buffer between each direction of travel and, therefore, left-turning traffic can impede through traffic. Undivided roadways may widen to provide turn movement pockets at intersections.

The standard roadway classifications are listed in Table 4.3 and described in the paragraphs that follow. The descriptions relate to segment design, and illustrate the configuration at midblock.

Typical nonintersection cross-sections are illustrated in Figure 4.2.

Additional rights-of-way (beyond the standard width) may be required at higher volume intersections to provide for safe turning movements. The standard roadway classifications are described in the table and paragraphs below.

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Table 4.3
Roadway Classifications
Classification # of
Lanes
Raised
Median
ROW Width
(ft.)
Curb-to-Curb
Width (ft.)
Arterial 6 Yes 130–140 102–112
Major 4 Yes 98–108 78
Divided Secondary—A 4 Yes 94 70
Divided Secondary—B 4 Yes 94 64
Secondary 4 No 94 64
Express Collector 3 No 66 44
Collector 2 No 66–74 44
Rural Collector 2 No 44 32
Local Rural 2 No 44 24
Arterial—An Arterial is a six-lane road with a median and is intended to have a somewhat limited amount of access. Typically, Arterials have at- grade intersections with other roads, with separations of at least one-quarter mile between intersection crossings and very limited driveway access points.

Intersections are at grade, with signalization of crossings. Some intersections may only permit right-turn access. On-street parking is not permitted. Medians are raised, with landscaping and/or hardscaping (e.g., decorative paving or features). Median widths vary between 14 and 24 feet and account for variable rights-of-way and curb-to-curb widths. Two existing or planned roads, Domenigoni Parkway and the Ramona Expressway, have unique designs that include greater median widths and parkways, and greater separations between access points.

Major—A Major street is a four-lane street with a landscaped median.

Under unique circumstances related to neighborhood traffic needs, painted medians can be considered by decision makers. On-street parking is not permitted. Major streets are intended to have design speeds based on greater sight distance, curves that are less acute, restricted access, and greater distance between intersection crossings. At intersections, the street can be altered to allow acceleration, deceleration, and turn lanes. Parkways will vary between 10 and 15 feet wide, and right-of-way widths will vary accordingly. It is assumed that areas with extensive existing development will have the narrower rights-of-way, while newly developing areas will have the wider rights-of-way.

Divided Secondary A—A Divided Secondary street is a four-lane street, but differs from Secondary Streets in that they have a landscaped median.

Under unique circumstances related to community design issues, painted medians can be considered by decision makers. Divided Secondary streets are likely to have speeds that accommodate roadway constraints and

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community design issues. Bike lanes are accommodated, which results in narrower Parkways than those on Divided Secondary B streets.

Divided Secondary B—A Divided Secondary B street is similar to the Divided Secondary A street described above; however, the Divided Secondary B street does not provide for bike lanes, resulting in a smaller curb-to-curb footprint than the Divided Secondary A street.

Secondary—A Secondary street is a four-lane street with a painted centerline and no median. Parking is not accommodated but bike lanes may be accommodated. Intersection designs may allow special turning opportunities.

Express Collector—Express Collectors accommodate heavier traffic flow in one direction, providing additional capacity to guide traffic toward signalized intersections with appropriate capacity and turning movement facilities. Between intersections, the Express Collector cross-section includes two lanes in one direction and one lane in the opposite direction.

A single bicycle lane is accommodated between the single opposing lane and the curb. Parking is not accommodated. At signal-controlled intersections, the right-of-way is intended to be widened to allow left- turning lanes.

Collector—A Collector is a two-lane roadway with full shoulders within a 66-foot right-of-way within already developed areas and within a 74-foot right-of-way in newly developing areas. The additional right-of-way provides for additional parkway improvements and fence or wall setbacks.

Collectors provide access from local streets to the highway system.

Collectors are intended to serve intensive residential land uses and multiple- family dwellings or to convey traffic through an area to roads of equal or similar classification or higher. In newly developing areas, residences will not be permitted to have individual driveways onto the street, and parking may not be accommodated to allow space for bicycles, NEV lanes, or other improvements.

Rural Collector—A Rural Collector is a two-lane road that serves very low volumes of traffic in areas with little or no development, or very low density development. These roads typically occur in very rural or hillside areas, such as Avery Canyon or where Sage Road is located. Curbs and gutters are not generally used and shoulders are typically unimproved (dirt). Bike lanes are provided on Rural Collectors.

Local Rural—Similar to the Rural Collector, a local rural street serves a small area of homes or businesses in a rural or mountainous setting.

Pavement width is smaller than a Rural Collector because bike lanes are not provided.

Additional design considerations based on specific projects may also be approved at the discretion of the public works director when based on specific design constraints or modified roadway sections in specific plans.

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Figure 4.2 Roadway Classification Cross-Sections

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Backside of Figure 4.2

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4.4.7 COMPLETE STREETS
AB 1358, the Complete Streets Act, requires cities and counties to identify how the jurisdiction will provide for the routine accommodation of all users of the roadway. Planning and implementing “complete streets” is one way cities and counties can meet this requirement.

A complete street is a transportation facility that is planned, designed, operated, and maintained to enable safe access for all roadway users.

Pedestrians, bicyclists, motorists, and transit riders of all ages and abilities must be able to safely move along and across a complete street. Complete streets help facilitate a variety of important community benefits. Some of these benefits are described in the following list:
❖Complete streets provide safe travel choices and give people the option to avoid traffic jams while increasing the overall capacity of the transportation network.
❖Complete streets encourage healthy physical activity. Public health experts promote walking and bicycling to combat obesity, especially in children.
❖Planning for complete streets cuts costs. Integrating sidewalks, bike lanes, transit amenities, and safe crossings into the initial design of a project is more cost-effective than making retrofits later. ❖Complete streets can lead to economic revitalization by reducing transportation costs and travel time while increasing property values and job growth in communities.
❖Thoughtful design and accommodations for bicyclists and pedestrians reduces the incidence of crashes and improves safety for all transportation users.
❖Complete streets foster strong communities where all people feel safe and welcome on the roadways and where walking and bicycling are an essential part of improving public transportation and creating friendly, walkable neighborhoods.

Identifying opportunities for select roadways to become complete streets that include such elements as pedestrian travel, canopy shade trees, activity nodes, NEV lanes, and pervious pavement or bioswales, will add to the street's value and multi-purpose use. While not all streets need be developed as complete streets, determining key locations and accompanying design standards are recommended implementation programs to foster complete streets within the City.

The General Plan meets the goals and policies of the Complete Streets Act in several ways. First, the General Plan fundamentally increases the range of transportation options for circulation within the City of Hemet and to adjacent western Riverside County jurisdictions by identifying a backbone network of bicycle and pedestrian routes. This on- and off-street network of routes improves safety for pedestrians and cyclists by providing

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dedicated facilities apart from vehicles. The General Plan also addresses ancillary facilities that are necessary to make a complete street work: the General Plan establishes preferred or “typical” design standards for route classifications and discusses the need for bicycle accommodations. Lastly, the General Plan specifically includes facilities consistent with the recently completed Western Riverside County Non-Motorized Transportation Plan.

4.5 NEIGHBORHOOD ELECTRIC VEHICLES
NEVs are a street legal, low cost, energy efficient, zero emissions mode of local travel that is currently available—but current impediments to widespread usage include lack of interconnected low-speed routes and driver confusion regarding where these vehicles can safely be operated.

These problems can be addressed in Hemet by implementing an integrated local NEV plan that overcomes connection issues, identifies safe routes, and enables clear communication about where residents can go in low- speed vehicles.

The unintended consequence of providing a high level of mobility on our roadways includes high-speed auto-oriented patterns that sometimes inhibit the operation of low-speed vehicles and other modes of transportation.

Drivers are gradually becoming aware of the official low-speed vehicle classification, commonly described as NEVs, which are already approved at federal and state levels for use on public streets. With their emphasis on short trips and speed capabilities capped at 25 miles per hour (mph), NEVs are generally restricted to streets with posted speed limits of 35 mph or less.

Accommodating a Low-Speed-Travel Culture in Hemet
Accommodating low-speed vehicles with zero emissions is a potent strategy to reduce greenhouse gas (GHG) emissions while encouraging a healthier level of community interaction. Although some level of NEV ownership and operation will occur regardless of the city’s attention to the matter, Hemet can proactively address conflicting mode issues and encourage safe NEV operations by:
❖identifying the suitable NEV backbone routes as potentially shown in Figure 4.3,
❖implementing street signage and striping of lanes for appropriate operation of low-speed vehicles,
❖providing parking incentives and low-cost charging stations, and ❖promoting the NEV plan to the public.

These activities are essential to acceptance and use of NEVs by residents and businesses.

Use of NEVs by the general public has increased for transporting kids to school, shopping, and other neighborhood trips. To accommodate the NEV users, special parking areas can be provided in local grocery and commercial shopping centers. Additionally, the downtown core of Hemet,

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and the neighborhoods immediately surrounding it, tends to have collector streets with speed limits of 25 to 35 mph, which are suitable for NEVs.

Given Hemet’s grid street system with lower speed limits and relatively compact geography, NEV vehicles can be accommodated as a means of providing local transport. Larger, new planned developments present the same opportunity if low-speed connecting roads are provided.

Expanding NEV Use by Implementing a Citywide NEV Plan
NEVs have many benefits. NEVs can offer residents the ability to circulate the community without having to start an automobile with a combustion- powered engine. The NEV will be an enjoyable way to reach nearby commercial and activity centers in the local area and to visit neighbors. In addition, NEVs:
❖are a relatively inexpensive vehicle to own and operate, ❖are particularly well suited to trips less than 10 miles, ❖do not contribute to the air pollution caused by the cold starts and operation of typical high-speed autos,
❖achieve an energy equivalent of at least 150 miles per gallon (based upon 2002 California Energy Commission report), and
❖have potential to run fossil-fuel free using solar or wind power to generate their electricity.

Figure 4.3 shows a potential NEV network for Hemet that is oriented to existing roadways and could therefore be implemented in the next few years. It incorporates “backbone low speed connectors” that focus on streets with a posted speed limit of 35 mph or less. Low speed connectors either provide direct connection to key destinations or link to NEV/bike lanes on higher speed routes. Shared NEV/bike lanes are proposed for higher speed routes in conjunction with Class II bike lanes. Restriping or, in some cases, widening of roadway cross-sections may be necessary where bike lanes do not exist or where existing bike lanes are less than 7 feet wide.

The planned backbone network provides a basic NEV system that can be modified or embellished as needed as new areas of the city are developed.

Connections to nearby jurisdictions can also be evaluated where appropriate because travel is rarely restricted by City boundaries.

While there is sometimes interest in allowing golf carts to be included in a NEV plan, this may raise concerns for on-street usage on a citywide scale.

When a NEV travels at its top speed of 25 mph, it still holds up some traffic in shared-lane conditions on local or collector streets. If it travels more slowly, it may encourage inappropriate passing by vehicles from the rear that could disrupt neighborhood safety. There are several models of NEV today that travel at 25 mph and should offer a reasonable variety to residents.

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NEVs, Transit, and Bikes—Strategies for Safe Operations Implementation of a citywide NEV Plan should be carefully reviewed by professionals and stakeholders so that potential conflicts between low- speed vehicles and autos, bikes, or transit operations can be addressed within each segment designated. For example, NEVs are not allowed in standard bike lanes (Class II facilities), which are often 5–6 feet wide (too narrow for NEVs). They are also not allowed in the auto lanes on fast roads. The initial NEV network suggested for Hemet identifies the backbone network where NEVs can safely operate and shared NEV/bike lanes for selected routes with higher speeds. Once this network is refined and adopted into a NEV plan, the network can be made available to residents and businesses to communicate how to get around town in low- speed vehicles.

4.6 PUBLIC TRANSPORTATION
A comprehensive public transit network is critical in providing a transportation system that meets the goals and policies of the Circulation Element. As vehicle congestion continues to grow and opportunities to add road capacity are further limited, transit will increasingly be utilized to meet the mobility needs of the City of Hemet over the next 30 years.

Transit promotes livable communities. Use of public transit will also promote more walkable neighborhoods, foster more cohesive communities, and provide better transportation options for members of the community where car ownership is either a hardship or an impossibility. Providing more transportation choices through extension of public transit opportunities will enable the City’s residents and employees to rely less on automobile travel, reduce vehicle-miles traveled, and accommodate new development while minimizing the need for unsustainable roadway expansion.

Public transit in the Hemet area consists of taxis, paratransit vans, buses, and future passenger services through the Metrolink rail system. Figure 4.4 illustrates transit service features in Hemet.

4.6.1 PASSENGER RAIL SERVICE
The existing San Jacinto Branch Rail line runs east/west through Hemet from Perris. The rail line is the Riverside–San Jacinto spur line originally owned by the Atchison, Topeka, and Santa Fe Railroad (ATSF), was purchased by the Riverside County Transportation Commission. AT&SF operated the rail line from 1888 to 1897, primarily to serve the agricultural operations in the valley. The BNSF Railway operates freight service as the successor to ATSF. The line runs between Riverside and San Jacinto via March Air Base, Perris, and Hemet. In the Hemet Planning Area, the line runs northeasterly from Winchester to downtown Hemet, where it curves north and runs along Harvard Street, parallel to and east of State Street.

The original depot is located at the corner of State Street and Florida Avenue, and the Hemet Library is located adjacent to the line. A downtown passenger station is envisioned, as is a passenger station proximate to the future SR 79 and relocated Stetson Avenue interchange.

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Figure 4.3 NEV Network

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Backside of Figure 4.3

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Metrolink is a regional passenger rail service to reduce the congestion on highways and improve mobility throughout southern California. Metrolink provides rail service to Riverside County. The Riverside Line runs trains from Riverside to Orange County and Los Angeles. Metrolink has multiple stations in Riverside County, including Pedley Station, Riverside- Downtown Station, Riverside–La Sierra Station, and West Corona Station.

An extension of the Riverside Transit Corridor along the San Jacinto branch line to Hemet is proposed, and Perris and Perris-South Stations are proposed for construction in 2013. Long-term plans call for an extension of the line to Hemet, connecting Hemet with Los Angeles, Orange, and San Bernardino Counties and other parts of Riverside County.

Potential future Metrolink stations are located near the future SR 79 alignment at Stetson Avenue in west Hemet and near State Street at Menlo Avenue in downtown Hemet. Metrolink trains would be accommodated on the existing BNSF Railway line. Completion of transportation improvements to Metrolink linking Hemet to new destinations will increase traveling and commuting options for Hemet residents and reduce dependence on private automobile travel. As new areas are developed near transportation corridors and nodes, residents and visitors will benefit from the “smart growth” designs, which promote greater walkability and proximity to daily services, thus reducing both the detrimental environmental effects of vehicles and congestion.

Considerations for Future Railway Designs
The existing BNSF Railway line currently crosses the Planning Area and the City at grade (i.e., no overpasses). The rail line is generally only crossed by streets designated in this element as Collector and above.. Street crossings are typically protected by automatic signals and gates. Freight trains operate on a demand schedule (i.e., upon request) and demand has been low enough that the movements of the infrequent trains, street traffic, and pedestrians have not conflicted. If freight demand substantially increases within the developed portions of the City, or when Metrolink service is provided, street crossings will need to be evaluated. Although grade- separated crossings are generally preferred, overpasses are probably infeasible within the developed portions of the City because of existing development and may not be warranted from a traffic/train usage perspective. However, larger new developments should be evaluated for potential effects of traffic and pedestrians on crossing functioning and safety, and constructing or accommodating the future construction of overpasses should be considered. Overpasses are most appropriate in new development in the southwest portion of the Planning Area.

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4.6.2 BUS AND LOCAL TRANSIT SERVICES
The Riverside Transit Agency (RTA) provides public transportation throughout Riverside County. RTA operates fixed bus routes providing public transit service throughout a 2,500-square-mile area of western Riverside County. RTA's fixed routes have been designed to establish transportation connections between all cities and unincorporated communities in western Riverside County. RTA bus lines 32, 33, and 42 provide local access in the Hemet Planning Area and neighboring San Jacinto as shown in Figure 4.4 (Transit Service Features). RTA routes currently use the Hemet Valley Mall located near the intersection of Florida Avenue and Kirby Street as a hub point for all routes serving the Hemet and San Jacinto areas and for those routes connecting to regional destinations.

Future transit routes are also shown on Figure 4.4, and are anticipated to provide additonal connectivity throughout the less centralized portions of the City and Planning Area. Ultimately, RTA envisions constructing a Transit Center in the Hemet area. A location has not been determined, but one alternative would be to site the center in conjunction with a downtown or west Hemet Metrolink station.

The current SR 79 alignment through the Cities of San Jacinto and Hemet is only suitable to accommodate local public transportation services.

However, a number of future transit opportunities exist near the SR 79 realignment. A multi-modal public transportation system offers many benefits, such as increased mobility, decreased traffic congestion, energy savings, and decreased pollution and GHGs. A transit system could be built around a set of land use nodes throughout Hemet and nearby cities. A one- way loop, with stops within a 5-minute walk, can effectively serve about 1.5 square miles with 10-minute frequencies of service and require only a single vehicle and a single lane right-of-way. New services would need to be established to provide the compatibility with a future multi- modal transportation system. The right-of-way for the realignment of SR 79 also includes designated right-of-way for transit; however, the type of transit facility has not yet been designated. The City is committed to ensuring that public transportation becomes a viable travel alternative to the automobile and is taking steps to ensure that transit accessibility is a primary consideration within new mixed-use and redevelopment proposals.

Design Considerations for Public Transit
To advance public transit use, comfort, and safety, consider the following strategies in transit design:
❖Integrate methods that will allow buses to stop for passengers without disrupting vehicular traffic such as a wider traffic lanes or a turnout at the bus stop location.
❖Locate transit stops to minimize the impact of buses and ridership activity on nearby neighborhoods. Incorporate buffer zones as feasible.

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Figure 4.4 Transit Services

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Back of Figure 4.4

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❖Locate bus stops on the “far-side” of an intersection to avoid conflicts with traffic queuing in the right turn lane.
❖Provide amenities for transit users such as benches, shade, lighting, shelters, and bicycle racks, where appropriate.
❖Ensure that transit stops meet Americans with Disabilities Act (ADA) requirements by providing a continuous paved connection to and from the stop.

Paratransit Options
Several paratransit options exist for senior citizens that are not able to drive, or would rather not drive. RTA’s Dial-A-Ride program provides general advanced reservation service, Senior/Disabled service, and Priority Service for persons certified under the Americans with Disabilities Act. Care-A-Van service is also offered within the City of Hemet for seniors and disabled travelers that qualify as low income. Hemet Valley Medical Center offers patient transportation to and from the hospital.

4.7 BICYCLE AND PEDESTRIAN CIRCULATION
Bicycling promotes the neighborhood character and community feel of Hemet by allowing for a low-impact, convenient, and healthy transportation option. Reducing short commute and utilitarian vehicle trips can promote healthier living, and encourage residents to interact with their local neighborhood by patronizing local business and socializing with neighbors.

An effective bicycle transportation plan promotes bicycling as both a viable transportation alternative and an enjoyable recreational pastime.

A comprehensive bicycle network, including bicycle routes, convenient bicycle parking facilities, and overall street designs that make the roadway network more hospitable to cycling, will make cycling competitive with the private automobile for short trips. Implementing a bicycle network helps to achieve the balance in the transportation network by providing an affordable alternative to the private automobile, and provides better transportation options for people who cannot drive.

The Circulation Element identifies a master plan for bicycle and pedestrian trail systems throughout the City and Planning Area, allowing residents to travel from neighborhoods to key destinations like schools, parks, shopping and employment centers. The Bikeway Circulation Plan is provided in Figure 4.5. Additional off-road bike trails for recreational users is discussed in Chapter 8 (Recreation and Trails) and shown in Figure 8.3.

In addition to offering recreational and public health benefits, nonvehicular modes of transportation offer options for both commuting and convenience trips around the City. Also, the mixed-use environments advocated by Land Use Element policies will encourage increased pedestrian activity on City sidewalks for both business and pleasure. Finally, an equestrian network in selected areas will offer recreational benefits, although it will be limited to nontraffic areas to avoid conflicts between horses and traffic. An effective bicycle, pedestrian, and equestrian network must be safe and accessible and must connect key activity centers within the City with each other and with the regional trail system. Hemet’s current

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bike trail system includes Class 1 bike paths, Class 2 bike lanes, and Class 3 bike routes. Recreational trails such as mixed-use trails and trails for equestrian and hiking only are discussed in the Recreation and Trails Element (Chapter 8). Opportunities for Class 3 bike routes exist along many of the City’s collector streets and sometimes secondary streets, typically following quarter-mile grids. Designated Scenic Highways have a design requirement for wide multiple-use paseos that accommodate pedestrians, joggers, and bicyclists, and wider sections already exist on Sanderson and Florida Avenues. While these multiple-use paseos do not meet the formal Class 1, 2, or 3 definitions of bikeways, they nevertheless provide a valuable resource for users.

Currently, opportunities for bicycling or walking as viable transportation options vary in different parts of the City. In the older, central portion of the City, designated bike routes are constrained by street widths that typically do not accommodate designated lanes. This is particularly true on collector streets where the typical widths allow only either on-street parking, designated bike lanes, or medians. However, the central portion of the City often has sidewalks, and the grid system provides flexibility for bicycle riders on side streets. Newer portions of the City typically have a larger grid system that may or may not include sidewalks or bike paths, although some of the more recently developed areas often include mixed-use pathways, particularly in areas developed under specific plan entitlements. As development occurs, particularly at the subdivision level, improvements to pedestrian and bicycle access are required. In the more rural edges of the City, these improvements have also included equestrian facilities where practical connections exist to rural equestrian-oriented areas. Existing trail systems within the City usually are not well connected to other trails or common uses. The City will continue to develop and maintain a comprehensive network of on-street bicycle lanes, off-street bicycle paths, sidewalks, and trails. The City will work to increase the safety and utility of the system, with a particular focus on sidewalk-deficient residential and industrial areas.

Bikeway Circulation Plan
The bikeway circulation system envisioned within this element is shown in Figure 4.5 and uses three classes of bikeways, with cross-sections shown in Figure 4.6. These classes are similar to those used by Caltrans and the WRCOG Non-Motorized Transportation Plan. The circulation system is intended to serve both local and regional bicycle trips. The bikeway circulation system follows a hierarchy serving individual homes and destinations (nondesignated routes and Class 3), feeding into a wider circulation system (Class 2), and augmented by a separate through system that provides regional connections (Class 1).

Class 3 bikeways (bike routes) are suitable as shared routes with regard to size and traffic, are continuous or connect to Class I or Class II bikeways.

Normally, bike routes are shared with motor vehicles and look like an ordinary street, but have signs designating the street as a “Bike Route” (serving to inform bicyclists and remind motorists of the presence of bicyclists). A summary of the bikeway classifications is provided in Table 4.4.