Hemet City Council
February 13, 2024

MAYOR AND CITY COUNCIL:

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

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

CITY COUNCIL AGENDA

CITY OF HEMET, CALIFORNIA
Tuesday, February 13, 2024
City Council Chamber
450 E. Latham Ave., Hemet, California 92543
WORK STUDY AT 5:00 P.M.

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/86925674570
Webinar ID: 869 2567 4570
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. WORK SHOP - 5:00 P.M.

2. CALL TO ORDER

3. ROLL CALL

4. PUBLIC COMMENT PERIOD - RULES OF DECORUM, RESOLUTION NO. 4545
 At this time, members of the public may only comment on an item appearing on the Closed Session agenda. Please adhere to the following when addressing the Council:
o Comments will be limited to 3 minutes or less.
o Comments should be directed to the Council as a whole and not directed to individual Council Members.
o Please follow the adopted rules of decorum: Resolution No. 4545.

5. DISCUSSION ITEMS

5.A California Housing Code Updates Workshop
Staff Report #24-017 - Pdf
Recommendation:

It is respectfully requested that the City Council:

Receive a presentation on proposed City of Hemet Zoning Code updates, resulting from passage of California Housing Code legislation between 2022 and 2023.
9 - 215

6. ADJOURNMENT

7. CLOSED SESSION – 6:00 P.M.

8. CALL TO ORDER

9. ROLL CALL

10. PUBLIC COMMENT PERIOD - RULES OF DECORUM, RESOLUTION NO. 4545
 At this time, members of the public may only comment on an item appearing on the Closed Session agenda. Please adhere to the following when addressing the Council:
o Comments will be limited to 3 minutes or less.
o Comments should be directed to the Council as a whole and not directed to individual Council Members.
o Please follow the adopted rules of decorum: Resolution No. 4545.

11. DISCUSSION ITEMS

11.A CONFERENCE WITH LABOR NEGOTIATORS

Government Code Section 54957.6
Agency Designated Representative: Mark Prestwich, City Manager Employee Organization: HMMA, HFFA, HPMA HPOA, HNSPEA, and SEIU and Unrepresented Employees

12. ADJOURNMENT OF CLOSED SESSION

13. REGULAR MEETING - 7:00 P.M.

14. CALL TO ORDER

15. ROLL CALL

16. INVOCATION

17. PLEDGE OF ALLEGIANCE

18. CITY ATTORNEY CLOSED SESSION REPORT

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

19. 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.

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

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

20. PRESENTATIONS

20.A National Black History Month Proclamation
Black History Month Proclamation
217

21. RECEIVE AND FILE

21.A The City of Hemet Warrant Registers Dated December 28, 2023, in the amount of $2,029,587.46, and January 11, 2024, in the amount of 219 - 348

$1,580,469.36. The Payroll Periods of December 11, 2023 – December 24, 2023, in the amount of $926,679.37, and December 25, 2023 – January 7, 2024, in the amount of $988,426.62
Staff Report #24-012 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Receive and file the City of Hemet Warrant Registers.

22. 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.

22.A Approval of the Regular City Council Meeting Minutes of January 9, 2024 and January 30, 2024
Staff Report #24-032 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Approve the Regular City Council Meeting Minutes of January 9, 2024, and January 30, 2024.
349 - 365

22.B A Resolution of the City Council of the City of Hemet, California, Awarding Professional Services Agreements to the Three Top Ranked Firms for On-Call, As Needed Professional Geotechnical Services and Authorizing the City Manager to Execute All Documents Related to the Agreements as Approved in Final Form by the City Attorney Staff Report #24-022 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Awarding Professional Services Agreements to the Three Top Ranked Firms for On-Call, As Needed Professional Geotechnical Services and Authorizing the City Manager to Execute All Documents Related to the Agreements as Approved in Final Form by the City Attorney. 367 - 963

22.C Resolution of the City Council of the City of Hemet, California, Accepting the Grant Award for the Encampment Resolution Funding Program, providing Authorization for the Addition of a New Position (Community Solutions Coordinator) to the Authorized Position Listing, Including Allocation of Appropriations to Fund the Position, Authorizing the Revenue and Expenditure Appropriations of $682,752,50, for the Award of the Encampment Resolution Funding Program in the Miscellaneous Grants Fund, fund 266, and Authorizing the City Manager to Execute All Related Documents
Staff Report #24-031 - Pdf
965 - 1102

Recommendation:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Accepting the grant award for the Encampment Resolution Funding Program; providing Authorization for the addition of a new position (Community Solutions Coordinator) to the authorized positions listing, including allocation of appropriations to fund the position, Authorizing revenue and expenditure appropriations for the award of the Encampment Resolution Funding Program (Fund 226), in the amount of $682,752.50, and Authorizing the City Manager to execute all related documents.

23. DISCUSSION - ACTION ITEMS

23.A An Ordinance of the City Council of the City of Hemet, California, Amending Section 82-77 of the Hemet Municipal Code Authorizing the Adoption of a Residential Water Shutoff Policy
Staff Report #24-035 - Pdf
Recommendation:

It is recommended that the City Council take the following action:
(1) Waive Full Reading and Introduction of the Ordinance by Title Only, An Ordinance Of The City Council Of The City Of Hemet, California, Amending Section 82-77 Of The Hemet Municipal Code Authorizing The Adoption Of A Residential Water Shutoff Policy; and
(2) Direct the City Manager to place the Second Reading and Adoption of the Ordinance on the Consent Calendar for the next regularly scheduled City Council meeting.
1103 -
1107

23.B An Ordinance of the City Council of the City of Hemet, California, Amending the Hemet Municipal Code, Regulations, and Policies to Substitute References to the Finance Director with the Administrative Services Director
Staff Report #24-034 - Pdf
Recommendation:

It is recommended that the City Council take the following action:
(1) Waive Full Reading and Introduction of the Ordinance by Title Only; An Ordinance Of The City Council Of The City Of Hemet, California, Amending The Hemet Municipal Code, Regulations, And Policies To Substitute References To The Finance Director With The Administrative Services Director; and
(2) Direct the City Manager to place the Second Reading and Adoption of the Ordinance on the Consent Calendar for the next regularly 1109 -
1113

scheduled City Council meeting.

23.C Fiscal Year 2024-25 Annual Budget Calendar
Staff Report #24-014 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Receive and file the City of Hemet 24-25 Annual Budget Calendar. 1115 -
1116

23.D An Ordinance of the City Council of the City of Hemet, California, Adding Sections 74-100 through 74-105 to the Hemet Municipal Code Related the Hotel Investment Program
Staff Report #24-038 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Waive full reading, read by title only, and introduce an Ordinance of the City of Hemet, California, Adding Sections 74-100 through 74-105 to the Hemet Municipal Code Related the Hotel Investment Program. 1117 -
1118

23.E Measure U Compliance Monitoring Update
Staff Report #23-348 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Consider and Provide Direction to the City Manager Regarding Proposed Scopes of Work for a Forensic Audit and a Financial Statement and Compliance Audit of Measure U Related Expenditures. 1119 -
1145

24. 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 LILIENTHAL

1. Hemet Housing Authority

2. Community Action Commission of Riverside County

3. League of California Cities

4. Riverside County Transportation Commission *

5. Riverside Transit Agency *

6. Western Riverside Council of Governments *

COUNCIL MEMBER KENDRICK

1. Investment Oversight Committee

2. League of California Cities

3. Planning Commission

4. Western Riverside County Conservation Authority *

MAYOR PRO TEM PETERSON

1. League of California Cities

2. Riverside County Habitat Conservation Agency

3. Western San Jacinto Water Master Board *

4. Ramona Bowl Board of Directors

5. Western Riverside Council of Governments *

6. CAJPIA Board

MAYOR MALES

1. League of California Cities

2. 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

25. ADJOURNMENT

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

Date & Time: February 7, 2024 at 6:15 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

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Feb 13 2024
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:

California Housing Code Updates Workshop
RECOMMENDED ACTION:

It is respectfully requested that the City Council:

Receive a presentation on proposed City of Hemet Zoning Code updates resulting from passage of California Housing Code legislation between 2022 and 2023.

BACKGROUND:

In 2022, the Western Riverside Council of Governments (WRCOG) received Regional Early Action Planning (REAP) grant funds to support jurisdictions carrying out activities that facilitate local housing production. WRCOG offered to provide that service at no cost to the City of Hemet, consistent with the City Council's expressed desire to seek grant opportunities when available.

With the high volume of development activity, the Planning Division requested approval to outsource technical expertise to assist with current and long-range planning efforts. Over the past few years, several housing bills have been signed into law to address State housing goals. Many new state mandates require local jurisdictions to amend their Zoning Codes to be consistent with State law on housing-related matters.

On June 14, 2022, the City Council approved Resolution No. 2022-084 to approve an agreement for local staff assistance to facilitate City of Hemet Housing Code updates from legislation enacted between 2017 and 2021. Since then, WRCOG's consultant, WSP, has been actively working with the City on the following:
 Evaluation of the Hemet Municipal Code for compliance with recently enacted legislation.  Preparation of Draft Zoning Ordinance Text Amendments.

5.A

Due to the high volume of housing bills enacted over the past five years and limited staff capacity, proposed City of Hemet Housing Code amendments will be presented to the City Council at upcoming meetings.

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.

Establish a Housing Program
ATTACHMENT(S):

PowerPoint Presentation
ARTICLE VI. - DENSITY BONUSES

ARTICLE II -ADMINISTRATIVE REGULATIONS
ARTICLE VII. - AGRICULTURE ZONES
ARTICLE X. - SPECIAL HOUSING CLASSIFICATIONS
ARTICLE XI. -SINGLE FAMILY ZONES
ARTICLE XIII. -MULTI-FAMILY ZONES
ARTICLE XVI. - SMALL LOT RESIDENTIAL
ARTICLE XX. - MOBILE HOME PARKS
ARTICLE XXVI.- COMMERCIAL ZONES

5.A

City of Hemet
Municipal Code Review
FEBRUARY 13, 2024 CITY COUNCIL

5.A

Executive
Summary
The City of Hemet has
undertaken a focused
update to the municipal
code necessitated by recent
state housing legislation and
the City’s adopted 6th Cycle
Housing Element.
WSP identified requirements mandated by recent
State Housing legislation passed between 2017-2021
and compared these requirements to Hemet’s existing
municipal code.
The recent legislation touches upon topics such as:
 Accessory Dwelling Units (ADUs),
 Affordable Housing,
 Density Bonus Law,
 Development Requirements,
 Equity and Fair Housing,
 Planning Document and Housing Element Law Procedures,  Project Approval and Streamlining,
 Reporting Requirements,
 Tenant Protections,
 Youth, Transitional and Emergency Housing, and
 Zoning and Lot Division

5.A

Summary Cont.
This work is included as part of the Regional Early Action Planning (REAP) grant services. These updates have been developed in conjunction with a consultant, WSP, and thoroughly reviewed by the City Attorney.
Some State bills mandate local agency action or require new language in a zoning ordinance. Other State bills do not require changes to the municipal code.
The sections of the zoning code that were addressed include the following 9 sections:
• Article II- Administrative Regulations
• Article VI- Density Bonuses
• Article VII- Agricultural Zones
• Article X- Special Housing Classifications
• Article XI- Single Family Residential
• Article XIII- Multiple-Family Zones
• Article XVI- SLR Small Lot Residential Zone
• Article XX- Mobile Home Parks
• Article XXVI- Commercial Zones

5.A

ADUs
State Legislature has passed 7 bills from 2017-2021 that create and preserve ADUs as affordable housing and bills that aim to reduce standards and speed up the permitting approval process for ADU development.

AB 68 • Permits ADUs that are attached to or located within attached garages, storage areas or an accessory structure. Removes requirements for setbacks, lot coverage and lot size in certain cases. Prohibits standards that prevent a maximum size ADU of at least 800 sq. ft. Adds ministerial approvals for certain ADU developments.

SB 13 • States that municipalities do not need ADU ordinances in order to allow for the creation of ADUs. Additionally, this bill states that a local agency may count an ADU when identifying adequate sites for housing. Prohibit requirements that prevent at least a maximum size attached ADU of 850 sf and at least a maximum size ADU with more than 1-bedroom of 1,000 sf. Prohibits impact fees on ADUS under 750 sf.

AB 345 • Requires that local agencies permit the conveyance of an ADU by a qualified non -
profit. AB 345 also contains additional conditions for conveyance, including that any conveyance of an ADU must include property delineation, cost responsibility and conflict resolution agreements.

Summaries of Significant Bills

5.A

ADUs Cont.

Updates to State ADU Law
• Conveyance: ADUs can be conveyed if constructed or developed by a qualified non-profit.
• Must allow sizes: At least 800 sf detached ADU, 850 sf attached ADU, 1,000 sf ADU with more than 1 bedroom.
• Size maximum (for cities without an ADU ordinance): Attached = 50% floor area of primary dwelling, at least 800 sf. Detached = 1,200 sf. • ADUs allowed ministerially:
• One ADU and one JADU per lot with proposed or existing single-family dwelling.
• One detached, new construction, ADU that does not exceed 4-foot side and rear yard setbacks.
• Multiple attached ADUs within the portions of existing multifamily dwelling structures that are not used as livable space. • Not more than 2 detached ADUs that are located on a lot that has existing or proposed multifamily dwelling.
• Construction: single or multi-family dwelling units can be constructed concurrently as an ADU.

Notable Changes to Hemet MC
• An ADU may be sold
separately from the primary
dwelling if developed by
qualified non-profit and
meets affordability
restrictions.
• Updated size requirements.
• Specifying what types of
ADUs are permitted
ministerially.
• Language added stating that
corrections to nonconforming
accessory dwelling units may
be delayed for up to 5 years.

5.A

Affordable
Housing
State Legislature has passed thirteen bills from 2017-
2021 regarding affordable housing. These bills:
• Encourage affordable housing production via
permit streamlining
• Require reporting on affordable housing measures
• Widen the definition of what is considered
affordable housing and who can access it
• Ensure equitable access to affordable housing
 • Incentivize the preservation of affordable housing AB 1095  AB 491
 AB 634
 AB 721
 AB 1584
 AB 1397
 SB 35
 AB 1783
 SB 8
 AB 1029
AB 1043
Bills Include:

5.A

Affordable Housing Cont.

Summaries of Significant Bills
AB 1783
• Widens the definition of who can live in affordable housing and what constitutes Affordable Housing. AB 1783 states that agricultural employee housing development is subject to a streamlined, ministerial approval process if developed in a zone permitting agricultural uses. Language reflecting this to be added to code.

SB 8
• States that a local agency cannot disapprove a housing development, including farmworker housing without evidence against its construction. SB 8 prohibits the “reduction of the intensity of land use”, which includes reductions to height, density, or floor area ratio, new or increased open space or lot size requirements, new or increased setback requirements, minimum frontage requirements, or maximum lot coverage limitations, or any other action that would reduce a site’s residential development capacity for affordable housing.

AB 1584
• Referred to as the Housing Omnibus Bill. AB 1584 requires that common interest developments amend any governing document that includes a prohibited restrictive covenant. A notice of amendment must be issued at least 28 days before approval made by a board. It also adds the Mobile Home Residency Law, requiring management to give homeowners at least 60 days’ written notice that the management will be appearing before a local governing body to obtain approval for use changes to the mobile home park. AB 1584 also clarifies the legal definition of “mobile home park”, excluding any area or tract of land under rental or lease of an accessory dwelling unit created by use of a manufactured home. Language reflecting this to be added to code.

5.A

CEQA
State Legislature has passed two bills from
2017-2021 that explain new CEQA
exemptions.

AB 140 • Creates a new CEQA exemption for certain housing projects that are targeted at prospective residents facing homelessness and COVID-19 hardship.

SB 7 • Revises and expands the previously enacted Environmental Leadership Development Project (ELDP) litigation process to include qualifying mixed-use and residential projects that were not previously eligible for certification. The law does not streamline project approval, but qualifying projects can benefit from expedited litigation procedures.

Both bills do not require a jurisdiction to adopt the new CEQA guidelines in their municipal code. However, development projects subject to CEQA will need to follow these guidelines.

Summaries of Bills

5.A

Density Bonus
Law (DBL)
State Legislature has passed six bills from
2017-2021 regarding DBL. These bills:
• Minimize impact fees
• Reduce parking standards
• Add incentives to new and existing types of
DBL developments
AB 571
AB 1763
 AB 2345
 SB 290
 SB 728
 SB 1227
Bills Include:

5.A

Density Bonus Law (DBL) Cont.

Summaries of Significant Bills
AB 634
• States that the affordability period for DBL projects is 55 years, a requirement first stated in SB 35, a 2017 bill. Updates to code to reflect this are necessary.

AB 571
• Prohibits local governments from charging affordable housing impact fees, including inclusionary zoning fees and in-lieu fees, against affordable units in density bonus housing developments. Updates to code to reflect this are necessary.

AB 1763
• Creates new bonuses for projects containing 100% affordable units for lower-income households (with up to 20% for moderate-income households). Updates to code to reflect this are necessary.

AB 2345
• Amends the State DBL to include changes and clarifications. This includes minimum parking standards, clarification on how to determine proximity to a Major Transit Stop, and expanded incentives for 100% affordable housing. Updates to code to reflect these provisions are necessary.

SB 290
• Makes several changes to DBL including incentives and concessions for density bonus projects in a student housing development, reduces parking minimums for density bonus projects, and clarifies qualifying units. Updates to code to reflect these provisions are necessary.

5.A

Equity and Fair
Housing
State Legislature has passed five bills from 2017-2021 regarding equity and fair housing. These bills:
• Require that all amenities available to market-rate renters be available to Below-Market-Rate (BMR) renters
• Prohibit BMR unit isolation in developments
• Limit the powers of CC&Rs
• Create a “Acutely Low Income" household subset
• Promote AFFH policies and goals.

No updates to the Municipal Code are necessary regarding these five bills.  AB 491
 AB 721
 AB 1043
 AB 1304
 AB 1466
Bills Include:

5.A

Equity and Fair Housing Cont.

Summaries of Significant Bills
AB 491
• Requires that, for any residential structure with five or more residential dwelling units that include both affordable housing units and market-rate housing units, the below-market rate (BMR) units must provide the same access to common entrances, areas and amenities as non-BMR units. Language related to AB 491 is not required in the code.

AB 721
• Builds on existing law and makes recorded covenants that limit residential development unenforceable against qualifying affordable housing developments. No applicable changes to code.

AB 1043
• Adds a new income bracket, "Acutely Low Income" households, who earn 15 percent of AMI, and whose rents can be no greater than 30 percent of the 15 percent AMI level. Future legislation may require code changes as related to “acutely low-income households”.

AB 1304
• Adds requirements to the Affirmatory Further Fair Housing standard. Provisions related to AFFH are applicable to the Housing Element and is not required language in a zoning ordinance.

AB 1466
• Hastens the removal of covenants by requiring all county recorders throughout the state to establish a program to identify and redact unlawfully restrictive covenants. City is compliant with these provisions through the County.

5.A

Project
Approvals and
Streamlining
State Legislature has passed twelve bills from 2017-
2021 that address several changes to project
approval and streamlining processes. These bills:
• Reduce or eliminate discretionary reviews
• Prohibit the City’s ability to change
development standards and zoning after a
preliminary application is submitted (vesting
rights)
• Set maximum permit review periods
• Mostly apply to multi-family projects with an
affordability component
 AB 1398
 AB 2162
 SB 8
 AB 101
 AB 168
 AB 571
Bills Include:
 AB 602
 AB 831
 AB 1174
 SB 9
 SB 35
SB 330

5.A

Project Approval and Streamlining Cont.

Summaries of Significant Bills
AB 101
• This bill amends existing Planning and Zoning Law by allowing any additional units form a density bonus to be considered in determining SB 35 eligibility. It also prohibits streamlined approval for projects on hazardous waste sites, unless cleared by relevant health agency. Finally, it introduces Low Barrier Navigation Centers (LBNCs) as a category of homeless shelters. Updates relating too LBNCs in certain commercial zones needs to be added to code.

AB 571
• This bill exempts any on-site low-income units from having to pay housing impact fees. These exemptions may only be provided to projects receiving Density Bonus Law concessions, waivers or reductions. Updates to code to reflect this are necessary.

AB 602
• Mandates that agencies adopting nexus fee studies must hold public hearings with a 30-day notice, notify the public upon request, and consider evidence challenging their findings. Cities are obligated to update nexus fee studies every 8 years and regularly post and update impact fee schedules. No code updates necessary, but several nexus studies will need to be updated.

AB 2162
• States that a supportive housing developer must be notified if application is complete within 30 days of receipt.

City review may take maximum 60 days after deemed complete for developments with 50 or fewer units or within 120 days for developments with more units. Updates to code to reflect this are necessary.

Low Barrier
Navigation
Centers (LBNCs):
service enriched
shelters focused
on moving
people into
permanent
housing while
providing
temporary living
facilities and
connecting
individuals to
basic resources
and services such
as income, public
benefits, and
health services.

5.A

Project Approval and Streamlining Cont.

Summaries of Significant Bills
SB 330
• Strengthens the Housing Accountability Act (HAA) protections by limiting changes to development standards and zoning after a preliminary application. It also restricts fee increases during the application period and imposes a fivehearing limit for compliant housing developments. Updates relating to hearings need to be codified.

SB 8
• Builds on the provisions of SB 330, clarifying what types of housing development projects fall under the HAA (ministerial and discretionary projects, and single dwelling units). City to implement future SB 330/SB 8 guiding documentation.

SB 35
• States that housing projects qualify for streamlined approval if they meet certain criteria like providing affordable units, adhering to planning standards, and being in mostly urban areas. Cities must review applications within set time frames based on project size. The review is ministerial, based on compliance with set, objective standards. SB 35 ordinance to be implemented in the future.

SB 9
• Allows ministerial approval for two-unit housing projects on single-family lots (and qualifying lot splits), with conditions like no demolition of certain housing types and compliance with city standards. Approved projects are also exempt from CEQA. SB 9 ordinance to be implemented in the future.

5.A

Planning
Document and
Housing Element
Law and
Procedures
Bills Include:
 AB 101
 AB 1398
 AB 215
 AB 1304
 AB 721
State Legislature has recently passed five bills regarding planning documents and housing elements. These bills:
• Increase housing equity
• Enforce State Housing Law

5.A

Planning Document and HE Law and Procedures Cont.

Summaries of Significant Bills
AB 1304 and AB 721
• These two bills address equity concerns as related to planning documents. AB 1304 emphasizes that public agencies must implement housing elements addressing disparities in housing need and opportunity to meet Affirmatively Furthering Fair Housing (AFFH) goals. Housing Elements must identify sites to meet AFFH goals. AB 721 allows the owner of an affordable housing development to request that all covenants, conditions, and restrictions (CC&Rs) that restrict number and size of residences, be rendered unenforceable.

AB 1398, AB 215, and AB 101
• These three bills add procedural and enforceability rules for housing elements. AB 1398 requires cities to meet housing goals midway through the eight-year cycle. In addition, this law states that failure to adopt a compliant housing element within 120 days o the deadline makes them illegal and shortens the time for required rezoning from 3 years to 1 year. AB 101 requires the attorney general to seek a court order directing any non-compliant city to bring its housing element to compliance. AB 215 also requires local agencies to make housing element drafts available for comment for 30 days, and to take at least 10 additional business days to consider public comments before submitting a draft to the HCD.

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Reporting
Requirements
State Legislature has passed eight bills from 2017-2021 that clarify HCD standardizations processes, require
material in annual housing element reports, and expand
what can be counted in RHNA metrics.

AB 602
• Introduces new requirements related to nexus fees, and local agencies must now conduct impact fee nexus studies to demonstrate that the fee is proportionate to the burden created by a project.

SB 35 and AB 68
• Convey certain requirements the HCD has for reports.

AB 168, SB 9, and SB 290
• Outline some of the required materials that need to appear in annual housing element reports
SB 13 and AB 787
• Change the requirements for types of units may be counted towards meeting RHNA goals.

Bills pertaining specifically to this category do not require updates to Municipal Code currently. Nexus studies for Impact Fees will need to be updated in the near future.

Summaries of Bills
 SB 35
 AB 68
SB 13
AB 168
Bills Include:
 SB 9
SB 290
AB 602
AB 787

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AB 602
 AB 787
Tenant
Protections
State Legislature has passed four bills from 2017-
2021 regarding tenant protections. These bills:
• Prohibit unjust termination of tenancy
• Clarify the Mobile Home Residency Law
• Protect tenants from unfair rent increases or eviction • Assure adequate housing stock
Hemet is currently developing a Short-Term Rental (STR) ordinance, and SB 60 will be implemented at that time. No other updates to the Municipal Code are necessary regarding these four bills.

Bills Include:
AB 1482
AB 978
 AB 838
 SB 60

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Tenant Protections Cont.

Summaries of Bills
AB 1482 and AB 978
• These two bills prohibit unjust termination and cap how much rent can be increased annually. AB 1482, the Tenant Protection Act, prohibits an owner of residential real property from terminating a tenancy without just cause and requires a written notice of termination of tenancy if the tenant has occupied unit for 12 months. It also prohibits increasing rent more than 5% plus cost of living (up to 10%) in a given 12-month period. AB 978 clarifies the provisions of the Mobile Home Residency Law and extends the provisions of the Tenant Protection Act to include residents and owners of mobile homes. AB 978 prohibits increasing rent more than 3% plus cost of living (up to 5%) in a given 12-month period for tenants of a mobile home park.

AB 838 and SB 60
• The provisions in these bills help ensure adequate housing stock and standard living conditions in rental units. SB 60 raises the maximum fines for violation of a short-term rental ordinance that is an infraction and poses a threat to health or safety. AB 838 requires a local agency that receives a complaint of a substandard building or a lead hazard violation from a resident to inspect the building, document the lead hazard violations, and identify substandard conditions.

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Youth,
Transitional, and
Emergency
Housing
State Legislature has passed six bills from 2017-
2021 regarding youth, transitional, and emergency
housing. These bills:
• Allow certain uses by right
• Widen the definition of what constitutes
affordable housing
• Create resources to report substandard housing
conditions
Bills Include:
AB 101
 AB 139
 AB 362
 AB 816
 AB 2162
 SB 591

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Youth, Transitional, and Emergency Housing Cont.

Summaries of Significant Bills
AB 101
• Adds additional by-right uses to a local agency’s municipal code. Requires that low barrier navigation centers be allowed by-right in multi-family, mixed-use, and nonresidential zones that currently permit multi-family uses. These low barrier navigation centers must offer services to connect people to permanent housing. Updates to code to reflect this are necessary.

AB 2162
• Requires that supportive housing be allowed by-right in multi-family, mixed-use, and nonresidential zones permitting multi-family uses, with certain conditions. Updates to code to reflect this are necessary.

SB 591
• Authorizes the establishment of intergenerational housing that includes senior citizens along with caregivers and transition-age youth (youths transitioning out of foster care), providing certain definitions and conditions. This is done in order to permit developers who receive local or state funds or tax credits designated for affordable rental housing to prioritize occupancy of certain developments to senior citizens, caregivers and transition-age youth. Updates to code to reflect this are necessary.

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Zoning and Lot
Division
State Legislature has passed seven bills from 2017-
2021. These bills:
• Allow lot splits and duplexes in single-family
residential zones
• Allow small home lot developments within multifamily zoned urban infill lots • Allow family daycares in homes by-right
 SB 9
 SB 10
 AB 1398
 AB 1397
 SB 234
 AB 803
 SB 8
Bills Include:

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Zoning and Lot Division Cont.

Summaries of Significant Bills
SB 234
• Requires local agencies to allow for the “by-right” use of a home as a small or large family daycare. This bill also prohibits any attempts to deny or restrict family daycares as a residential use of properties in areas zoned for residential use. Updates to code to reflect this are necessary.

AB 803
• The Starter Home Revitalization Act. Allows for modestly sized single-family homes on multifamily residential zoned urban infill lots, and would prohibit local agencies from imposing certain development standards. Updates to code to reflect this are necessary.

SB 9
• Encourages the development of more units on a single parcel of land by allowing duplexes (with units of at least 800 square feet) to be constructed and approved ministerially with certain conditions and restrictions. It also requires a local agency to ministerially approve a parcel map for an urban lot split as described above, assuming the lot split does not require the demolition or alteration of certain housing types. SB 9 ordinance to be implemented in the future.

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Bills After 2021
This effort includes
only State
Legislature from
2017-2021. Notable
bills after 2021
include:

SB 6 and
AB 2011
AB 1332
AB 2097 Eliminates parking minimums within ½ of a
major transit stop.

Allows residential uses in commercial and
retail zones if meeting affordability and
labor requirements. Cities can now allow ADUs to be conveyed separately if they choose to.

SB 4
Allows faith-based institutions and non-profit
colleges to build affordable, multi-family
homes on lands they own.

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Next Steps
A full summary and
comprehensive list of
proposed changes to
Chapter 90 of the
municipal code will
be provided.

Planning Commission
Hearing Spring 2024
City Council Hearings
Spring 2024

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Q&A

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Contact
Information
WSP Contact:

David Suls
Email: [email protected]
Phone number: 619-525-8382
City of Hemet Contact:

Monique Alaniz-Flejter
Email: [email protected]
Phone number: 951-765-2370

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ARTICLE VI. - DENSITY BONUSES
Sec. 90-161. - Purpose.

The purpose of this article is to implement the requirements of§ 65915 of Chapter 4.3 of Division 1 of the California Government Code regarding density bonuses and other incentives and concessions to be awarded to qualifying housing developments. It is the intent of the city council in adopting this article that it be implemented consistent with the applicable policy directives of the state legislature and in a manner consistent with the protection and preservation of the health, safety, and welfare of the citizens of the City of Hemet.
(Ord. No. 1743, § 2)
Sec. 90-162. - Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section. Words, terms, and phrases not defined herein shall be as defined in section 90-4 of this Code, or if not defined therein, then first in the Chapter 4.3 of Division 1 of the California Government Code (commencing with § 65915), and then second in a dictionary of common usage in the United States, such as Webster's. These definitions are provided in order to assist in the uniform interpretation and application of the regulations and provisions set forth in this chapter.

Affordable units means a dwelling unit occupied by and available to households of lower, very low, or moderate income, condominium or planned unit development as defined in subsection 90-163(b) of this article.

Approval body means the director, commission, or council to which approval authority is provided for the permit or approval under Chapter 90 of this Code.

Density bonus means a density increase as provided in section 90-163, 90-166, or 90-167 over the otherwise maximum allowable residential density under the applicable zoning classification on the city's zoning map and the corresponding land use designation in the general plan.

Housing development means a "housing development" as defined in subdivision U) of§ 65915 of the California Government Code.

Incentives and concessions means at least one additional incentive or concession as described in section 90-164 of this article.

Lower income unit means a dwelling unit targeted for occupancy by a lower income household as defined in § 50079.5 of the California Health and Safety Code.

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Moderate income units means a dwelling unit targeted for occupancy by a moderate income household as defined in § 50093 of the California Health and Safety Code.

Total units or total dwelling units means a calculation of the number of units that excludes a unit added by a density bonus awarded pursuant to this section or any local law granting a greater density bonus, but includes a unit designated to satisfy an inclusionary zoning requirement of the city, county, or city and county.

Very low income units means a dwelling unit targeted for occupancy by a very low income household as defined in § 50105 of the California Health and Safety Code. (Ord. No. 1743, § 2)
Sec. 90-163. - Density bonuses for qualifying housing developments containing lower, very low, and moderate income units.
(a) An applicant for a housing development shall be granted a density bonus, as provided in this section, by the approval body if the housing development meets the following qualifications:
(1) The applicant has made a written request for grant of a density bonus with its application for the housing development; and
(2) One of the following is applicable:
a. The housing development contains at least the minimum qualifying number of affordable housing units required under this section and the applicant agrees to the affordability covenants required under this section as conditions of approval on the housing development; or
b. The housing development meets the requirements of the land donation provisions of this section; and
(3) Substantial evidence supports the making of the findings required of the approval body under this subsection (e) below; and
(4) The applicant satisfies the affordability covenant requirements applicable to the class of affordable units for which the density bonus is granted as provided in section 90-165; and (5) The housing development will consist of at least five or more dwelling units. (b) The housing development must satisfy the affordable unit requirements of at least one of the categories or the land dedication provisions, provided below., and/or per Government Code Section 65915. Qualifying housing developments will be granted a density bonus consistent with the provision of the qualifying category.
(1) Lower income units.
a. At least ten percent of the total dwelling units in a housing development are lower income units and the applicant agrees to ensure continued affordability of such units to lower

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income households as defined in § 50079.5 of the California Health and Safety Code. b. The base density bonus for housing developments with the qualifying number of lower income units shall be 20 percent over the otherwise maximum allowable residential density under the applicable zoning classification on the city's zoning map and the corresponding land use designation in the general plan.

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c. The base density bonus may be increased as provided herein. For each additional one percent increase in the total number of affordable units over ten percent, the density bonus shall increase from the base of 20 percent by 1.5 percent, to a maximum of 35 percent. No density bonus or aggregate of density bonuses for a housing development may exceed 35 percent.50 percent for 24% of units for lower-income households. d. The density bonus shall not be included when determining the number of housing units that is equal to ten percent of the total.
(2) Very low income units.
a. At least five percent of the total dwelling units in a housing development are very low income units and the applicant agrees to ensure continued affordability of such units to lower income households as defined in Section 50105 of the California Health and Safety Code.
b. The base density bonus for housing developments with the qualifying number of very lower income units shall be 20 percent over the otherwise maximum allowable residential density under the applicable zoning classification on the city's zoning map and the corresponding land use designation in the general plan. c. The base density bonus may be increased as provided herein. For each additional one percent increase in the total number of affordable units over five percent, the density bonus shall increase from the base of 20 percent by 2.5 percent, to a maximum of 3550
Percent.percent for 15% of units for very low income households. No density bonus or aggregate of density bonuses for a housing development may exceed 3550 percent. d. The density bonus shall not be included when determining the number of housing units that is equal to five percent of the total.
(3) Moderate income condo development or planned unit development. a. At least ten percent of the total dwelling units in a housing development that qualifies as a condominium project, as defined in subdivision (f) of§ 50093 of the California Health and Safety Code, or a planned unit development, as defined in subdivision (k) of§ 50093 of the California Health and Safety Code are moderate income units and the applicant agrees to restrict purchase of such units to moderate-income household, as defined in § 50093 of the California Health and Safety Code.
b. The base density bonus for housing developments with the qualifying number of moderate income units shall be five percent over the otherwise maximum allowable residential density under the applicable zoning classification on the city's zoning map and the corresponding land use designation in the general plan.

C.

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The base density bonus may be increased as provided herein. For each additional one percent increase in the total number of affordable units over ten percent, the density bonus shall increase from the base of five percent by one percent, to a maximum of 35 percent.50% for 44% of units for moderate income households for for-sale properties only. No density bonus or aggregate of density bonuses for a housing development may exceed 3550 percent.
d. The density bonus shall not be included when determining the number of housing units that is equal to ten percent of the total.
(4) Land donation.
a. An applicant for a residential tentative tract map, parcel map, or other residential development approval will qualify for grant of a density bonus if the applicant makes a legally binding commitment to donate land and the land to be donated meets the requirements set forth in subsection (b) below. The density bonus to be granted shall be consistent with the provisions of subsection (c) below. b. The applicant must make a legally binding commitment to donate and transfer the land requiring the land to be donated and transferred by no later than the date of approval of the final subdivision map, parcel map or residential development approval for which application has been made. The land must meet all of the following criteria:

1. It must be within the boundary of the proposed development or, if the city agrees, within one-quarter mile of the boundary of the proposed development;

2. It must be at least one acre in size or of sufficient size to permit development of at least 40 affordable units;

3. It must have a developable acreage of sufficient size to accommodate a number of very low income units equal to at least ten percent of the total units in the entire proposed development;

4. It must have the appropriate general plan designation and zoning classification for construction of very low income units (although other affordable units may ultimately be constructed) and it must have appropriate zoning and development standards to make development of very low income units feasible (although other affordable units may ultimately be constructed);

5. It must be, or will be by the time of transfer, served by adequate public facilities and infrastructure;

6. It must have all of the permits and approvals, necessary for the development of the very low income units (except that design review and the issuance of building permits need not have been completed) on the transferred land by no later than the date of approval of the final residential subdivision map, parcel map or of the residential development;

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7.

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It must be transferred to the city or to a housing developer approved by the city. The city may require the applicant to identify and transfer the land to the selected developer;

8. It (and any units to be constructed thereon) must be subject to a deed restriction recorded against the property at the time of transfer ensuring continued affordability of the units consistent with subsections (b)(1), (b)(2) or (b)(3) of this section;

9. In the event the project qualifies for a density bonus under subdivision (b)(4) of this section, then the approval body shall grant a density bonus as follows:
i. The base density bonus shall be 15 percent over the otherwise maximum allowable residential density under the applicable zoning classification on the city's zoning map and the corresponding land use designation in the general plan for the entire development.
ii. The base density bonus may be increased as provided herein. For each additional one percent increase in the total number of affordable units that can be accommodated on the land to be donated above the ten percent minimum provided in subsection (b)(4)b.3., the density bonus shall increase from the base of 15 percent by one percent, to a maximum of 35 percent. This increase shall be in addition to any increase mandated by the other provisions of this section provided however, that no density bonus or aggregate of density bonuses for a project may exceed a maximum of 35 percent.
(5) Housing developments with 100% affordable units.
a. Income levels for all dwelling units, exclusive of a manager's unit or units, must be restricted for lower-income households (defined in § 50079.5), except that up to 20 percent of all units in the development may be restricted for Moderate Income households (defined by § 50053). The 20 percent figure is based upon all proposed numbers of units in a development, including bonus units.
b. Rents for at least 20 percent of the units must be set at an affordable rent, as defined in Health and Safety Code Section 50053. The remainder of the units shall be set at rent levels consistent with the maximum rent level for a housing development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee (TCAC).
c. Projects that meet specified state criteria and are 100% affordable are eligible for the following density bonuses (up to 4 density bonuses allowed):

1. A density bonus of 80% per Government Code Section 65915(f)(3)(D)(i).

2. Unlimited density and a height increase of 33 feet or three additional stories, for 100% affordable projects located within ½ mile of a major transit stop (per Government Code Sections 65915(f)(3)(D) and 65915(d)(2)(D)).
i. The height increase is calculated on top of all current zoning height limits, including

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transitional height.

3. Zero automobile parking requirements for special needs housing that has paratransit service or is located within one-half mile to fixed bus route service that operates at least eight times per day, as well as all supportive housing (per Government Code Sections 65915(p)(4) and 65915(p)(4)).

4. An additional concession or incentive (allowing four in total) (per Government Code Section 65915(d)(2)(D)).
c.(c) The density bonuses provided for under subsections 90-163(b)(1) through 90-163(b)(4) shall be cumulative. No housing development shall receive or be entitled to receive a density bonus or aggregate of density bonuses that would result in the density of the project exceeding 3550 percent over the otherwise maximum allowable residential density under the applicable zoning classification on the city's zoning map and the corresponding land use designation in the general plan.
(c)(d) Density bonus units shall be generally disbursed throughout a residential planned development and shall not differ in design and exterior appearance from other units in the project. (d)(e)In order to grant a density bonus, the city shall make the following findings:
(1) The housing development meets the qualifications of section 90-163. (2) The granting of the density bonus and award of incentives and concession will not have a specific, adverse impact upon the public health or safety. (3) The granting of the density bonus and award of incentives and concession will not have a specific adverse impact on any real property listed in the California Register of Historical Resources.
(4) The housing development satisfies the affordability covenant requirements as provided in section 90-165.

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(5) The affordable units are of comparable quality and offered in a range of sizes comparable to those offered other purchasers or renters (taking into consideration the need to make development of the affordable units feasible) and are dispersed throughout the housing development.
(6) For purposes of this section, the receipt of a density bonus, incentive, concession, waiver, or reduction of development standards pursuant to Government Code Section 65915 shall not constitute a valid basis on which to find a proposed housing development project is inconsistent, not in compliance, or not in conformity, with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision specified in this subdivision. (Ord. No. 1743, § 2)
Sec. 90-164. - Concessions and incentives for qualifying housing developments containing lower, very low, and moderate income units.
(a) In to addition to density bonuses that may be granted pursuant to section 90-163, a housing development providing the qualifying number of lower income units, very low income units, or moderate income units, may request, and the approval body shall grant, the following number of incentives or concessions:
(1) One incentive or concession if the housing development includes at least:
a. Ten percent low income units; or
b. Five percent very low income units; or
c. Ten percent moderate income condo development units. (2) Two incentives or concessions if the housing development includes at least:
a. TwentySeventeen percent low income units; or
b. Ten percent very low income units; or
c. Twenty percent moderate income condo development units in a common interest development per Civil Code Section 4100.
(3) Three incentives or concessions if the housing development includes at least:
a. ThirtyTwenty-four percent low income units; or
b. Fifteen percent very low income units; or
c. Thirty percent moderate income condo developments units. (b) For the purpose of this section, the city shall utilize the following incentives and concessions:
(1) The following are pre-approved city incentives and concessions:
a. Reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 of

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1. A reduction in setback and square footage requirements; and

2. A reduction in the ratio of vehicular parking spaces. b. Approval of mixed use zoning in conjunction with the housing project; and C.

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Other regulatory incentives or concessions proposed by the developer or the city that result in identifiable, financially sufficient, and actual cost reductions. (2) In lieu of the incentives and concessions provided for under subsection (1) above, the applicant may submit, at the time of submission of its application for the housing development, to the city a written proposal for specific incentives and concession that it requests. The approval body shall grant the requested incentive or concession unless it finds, based on substantial evidence in the record either of findings required under California Government Code§ 65915(d)(1).
(c) Per Government Code Section 65915.1, affordable housing impact fees, including inclusionary zoning fees and in-lieu fees, shall not be imposed on a housing development’s affordable units if the project is qualified for Density Bonuses or Concessions per these regulations and those provided in Government Code Section 65915.
(Ord. No. 1743, § 2)
Sec. 90-165. - Affordability requirements for qualifying housing developments containing lower, very low, and moderate income units.
(a) The following requirements shall apply to any housing development granted a density bonus under section 90-163 based on the inclusion of the required number of lower income units or very low income units.
(1) Those units targeted for sale and occupancy by lower income households, as defined in California Health and Safety Code§ 50079.5, or very low income households, as defined in California Health and Safety Code§ 50105, shall not be sold, resold, or offered for sale or resale at more than the affordable housing cost, as defined in California Health and Safety Code§ 50052.5 for the corresponding income category.
(2) Those units targeted for rental and occupancy by lower income households, as defined in California Health and Safety Code§ 50079.5, or very low income households, as defined in California Health and Safety Code§ 50105, shall not be leased, rented, subleased, or offered for lease, rent, or sublease, at more than the affordable rent, as defined in California Health and Safety Code § 50053, for the corresponding income category. (3) Prior to the issuance of a certificate of occupancy for any lower income unit or very low income unit in a housing development for which a density bonus has been granted under section 90-163, the developer shall identify the restricted units and shall enter into a written affordability agreement with the city that shall contain the following terms:
a. The agreement shall be a covenant running with the land and binding on the developer, and its successors and assigns, tenants, lessees, and other persons claiming an interest in the property by or through them, and shall be recorded in the chain of title for the property in the official records of the Recorder for the County of Riverside in a form acceptable to the city attorney. The agreement shall expressly give the city the right, but

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remedies as may be provided by law, including, but not limited to specific performance;

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b. The identified units shall continued to be sold or rented to (as identified) and occupied by lower income households or very low income households (as identified) at an affordable housing cost or affordable rent (as the case may be) for a period of not less than 3045 years if for sale, or 55 years if rented;
c. The agreement shall provide the city with the continuing right of first refusal to lease any or all of the designated units at their affordable cost for the targeted income category, which may then be subleased by city to persons and families qualifying a lower, very low or extremely low income households;
d. For rental properties the developer shall maintain a rental schedule and rent rolls for all identified affordable units and annually provide a copy of such to city with evidences of payments received so that the city may verify that the actual rental charges do not exceed that affordable rent as defined in this section;
e. For owner-occupied properties, the deed conveying the property shall contain a requirement that prior to the consummation of any resale, the owner shall provide the city with the escrow documents evidencing that the unit will not be sold for more than an affordable housing cost as defined in this section and that the city may take such actions as are provided under this section to stay or prohibit the sale if the sales price exceeds the price required by the affordability covenant; and/or f. The city shall have the authority to enter into such other agreements with the developer, renters, and subsequent owners of the dwelling units as may be necessary to assure that the required dwelling units are continuously occupied by eligible households. (b) The following requirements shall apply to any housing development granted a density bonus under section 90-163 based on the inclusion of the required number of moderate-income units. (1) Those units targeted for sale and occupancy by persons and families of moderate income, as defined in California Health and Safety Code§ 50093, shall not be sold, resold, or offered for sale or resale at more than the affordable housing cost, as defined in California Health and Safety Code § 50052.5.
(2) Prior to the issuance of a certificate of occupancy for any moderate income condo development or planned development units in a development for which density bonus units have been granted pursuant to section 90-163, the developer shall identify the restricted units and shall enter into a written affordability agreement with the city that shall contain the following terms:
a. The agreement shall be a covenant running with the land and binding on the developer, and its successors and assigns, tenants, lessees, and other persons claiming an interest in the property by or through them, and shall be recorded in the chain of title for the property in the official records of the Recorder for the County of Riverside in a form

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acceptable to the city attorney. The agreement shall expressly give the city the right, but not the obligation, to enforce the affordability covenants through such legal and equitable remedies as may be provided by law, including, but not limited to specific performance; b. The identified units shall continued to be sold to and occupied by persons and families of moderate income at an affordable housing cost for a period of not less than 3045 years if for sale, or 55 years if rented;
c. The affordability restrictions for the moderate-income condominium or planned development units shall be compromised of both initial occupancy restrictions on the purchasers as well as initial restricted sales prices;
d. Prior to the closing of the initial sale by the developer to persons or families of moderate income, the developer shall cause the purchaser to execute and deliver to the city a promissory note, secured by a deed of trust against the property, in favor of the city. The promissory note and deed of trust shall protect the city's right to recapture its proportionate share of appreciation in the property as provided in Government Code§ 65915(c)(2). The promissory note and deed of trust shall be in a form acceptable to the city in its sole and reasonable discretion. The deed of trust may be subordinated, in the discretion of the city, to legitimate and reasonable purchase money mortgages or permanent financing, but shall not have less than second priority about non-tax liens and encumbrances against the property;
e. Upon the first resale by the initial moderate-income purchaser ("homeowner"), the city shall be entitled to recapture its proportionate share of appreciation, to the extent of available excess equity (as defined herein) in the property. The city shall use funds received from the recapture, net of reasonable expenses, within three years for any of the purposes described in subdivision (e) of§ 33334.2 of the Health and Safety Code that promote homeownership;
f. Upon the first resale by the homeowner, the distribution of sales proceeds shall be as follows: (i) First to discharge liens for taxes and/or assessment, due or delinquent; (ii) Second to discharge the lien of the first deed of trust holder; (iii) Third to pay the reasonable and customary costs of sale shown on the good faith estimate as adjusted by the final statement of closing costs; (iv) Fourth to repay the homeowner's original down payment (without interest); (v) Fifth to pay to the homeowner the assessed value of improvements made by the homeowner that are fixtures to the real property; (vi) The resulting residual amount shall be the "excess equity" and shall be distributed to pay the city and homeowner their respective proportionate shares of appreciation; g. For purposes of this section, the following definitions shall apply:

1.

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City's proportionate share of appreciation shall be calculated as follows: The qualifying affordable sales price for moderate income persons at the time of homebuyer's purchase of the property (ModP) shall be subtracted from the fair market value of the property as existing at the time of its purchase by homeowner (FMV). The resulting amount (D) shall be divided by FMV to equal the city's proportionate share (C%). This can be expressed in the following formula: FMV - ModP = D. D/FMV + Co/o.

2. The homeowner's proportionate share shall be calculated as follows: 1 - C% = H%.

3. The city's share of the excess equity (EE) shall be calculated as follows: EE x C%. The homeowner's share of excess equity shall be calculated as follows: EE x S%.

4. For example: If the homeowner buys the home for $200,000.00 but the fair market value is $300,000.00, then $300,000.00 (FMV) minus $200,000.00 (ModP) equals $100,000.00 (D). $100,000.00 (D) divided by $300,000.00 (FMV) equals 0.33 (C%). The city's proportionate share of the excess escrow will be 33 percent. The homeowner's proportionate share would be one minus 0.33 = 0.67 or 67 percent. If the homeowner later resells that home for $400,000.00 and the excess equity is $100,000.00 after applying subsection f. above, then the city's share would be $100,000.00 x 0.33 or $33,000.00 and the homeowner's share would be $100,000.00 x 0.67 or $67,000.00. h. Fair market values, if and when required to calculate shares of appreciation, shall be determined by an appraisers licensed by the State of California. (c) The certificate of occupancy for a density bonus unit will automatically expire upon vacation of the unit. Prior to the reissuance of a certificate of occupancy for the unit, the director shall determine that it will be occupied pursuant to the requirement of this chapter. (Ord. No. 1743, § 2)
Sec. 90-166. - Density bonuses for qualifying senior citizen housing developments. (a) In order to encourage the provision of housing for senior citizens, an applicant for a residential planned development may request, and the approval body may grant, with applicable findings as set forth in subsection 90-163(e), a density bonus under the following circumstances:
(1) Market rate senior citizen housing development. If an applicant has made a written request for grant of a density bonus with its application to build market-rate senior citizen housing development as defined in § 51.11 of the Civil Code, then the approval body shall grant a density bonus of 20 percent over the otherwise maximum allowable residential density under the applicable zoning classification on the city's zoning map and corresponding land use designation in the general plan.
(2) Low income senior citizen housing development. If an applicant has made a written request for grant of a density bonus with its application and if at least 25 percent of the total units in a development are restricted to the rental or purchase by low income senior citizens, then the

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approval body shall grant, with appropriate finding, a density bonus of at least 20 percent but not more than 35 percent over the otherwise maximum allowable residential density under the applicable zoning classification on the city's zoning map and corresponding land use designation in the general plan. (3) Very low income senior citizen housing development. If an applicant has made a written request for grant of a density bonus with its application and if at least ten percent of the total units in a development are restricted to rental or purchase by very low income senior citizens, then the approval body shall grant, with appropriate findings, a density bonus of least 20 percent but not more than 35 percent over the otherwise maximum allowable residential density under the applicable zoning classification on the city's zoning map and corresponding land use designation in the general plan.
(4) This section shall be applicable only to projects which contain at least 20 units. (b) An applicant qualifying for a density bonus under this section may submit to the city a proposal for specific incentives and concessions as set forth in section 90-164. (c) Prior to the issuance of a certificate of occupancy for any dwelling unit in a development for which density bonus units have been awarded or incentives have been received, the developer shall identify the restricted units and shall enter into a written agreement, as set forth in section 90-165, with the city to guarantee, for 30a period of not less than 45 years if for sale, or 55 years if rented, their continued use and availability to senior citizens. The terms and conditions of such agreement shall run with the land which is to be developed, shall be binding upon the successor in interest of the developer, and shall be recorded in the office of the county recorder. (d) The agreement shall include a provision that the city shall have the authority to enter into such withthedevelopers and withtherenters or purchasers of the dwellingunits as may benecessary to assure thattherequireddwellingunits arecontinuously occupied by senior citizen households or renters.
(e) Density bonus units for senior citizens shall have design features appropriate to their occupancy by the elderly.
(Ord. No. 1743, § 2)
Sec. 90-167. - Additional density bonuses for childcare facilities. (a) Childcare facilities.
(1) An applicant, who proposes to construct a housing development that conforms to this section that includes a childcare facility that will be located on the premises of, as part of, or adjacent to, the project, may request either of the following:
a. Anadditional density bonus that is anamount of square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility; b.

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An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.
(2) If a childcare facility is included and given an additional density bonus, the developer shall require:
a. The childcare facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable.
b. Of the children who attend the childcare facility, the children of very low-income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households and lower income households. (Ord. No. 1743, § 2)
Sec. 90-168. - Special parking requirements.
(a) Parking spaces.
(1) Upon request of the developer, the city shall require the following vehicular parking ratio, inclusive of handicapped and guest parking, of a development that is entitled to receive a density bonus under section 90-163 or section 90-166:
a. Zero to one bedrooms: One onsite parking space.
b. Two to three bedrooms: TwoOne and one-half onsite parking spaces. c. Four and more bedrooms: Two and one-half parking spaces. (2) If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. a.(3) For purposes of this subdivision, a development may provide "onsite parking" through tandem parking or uncovered parking, but not through on street parking. (4) If a development project contains at least 40% moderate income units (calculated off base density), and is located within one-half mile of a major transit stop, it is now eligible for a parking ratio of 0.5 spaces per unit regardless of the number of bedrooms per unit (per Government Code Section 65915(p)(2)).
(5) If a development project contains at least 11 % very low income or 20% low income units (calculated off base density), and is located within one-half mile of a major transit stop, it is now eligible for a parking ratio of 0.5 spaces per unit regardless of the number of bedrooms per unit (per Government Code Section 65915(p)(2)).
(6) For development projects consisting of rental units that are 100% affordable to lower income households (defined by Health and Safety Code Section 50052.2, which includes low, very low, and extremely low-income households), exclusive of a manager's unit or

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units, no parking spaces can be required per Government Code Section 65915(p)(3) if the project is:
a. Located within one-half mile of a major transit stop and there is unobstructed access to the major transit stop from the development, or
b. A development for individuals who are 62 years of age or older that complies with Civil Code Sections 51.2 and 51.3 and the development has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.
(Ord. No. 1743, § 2)
Secs. 90-169-90-180. - Reserved.

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ARTICLE II. -ADMINISTRATIVE REGULATIONS
Footnotes:
--- (2) ---
Editor's note- Ordinance No. 1562, § 2, adopted July 29, 1997, amended§§ 90-41-90-45 to read as herein set out.

Formerly, such sections pertained to similar provisions and derived from Ord. No. 621; §§ 20300-20304 of the 1984 Code; Ord. No. 1126; Ord. No. 1351; Ord. No. 1483, § 1, 1-11-94.

DIVISION 1. -APPLICATIONS
Footnotes:
--- (3) ---
Editor's note- Ord. No. 1900, § 4(Exh. 1), adopted Apr. 14, 2015, repealed the former Div. 1, §§ 90-41-90-47.9, and enacted a new Div. 1 as set out herein. The former Div. 1 pertained to similar subject matter and derived from Ord. No. 1562, § 2, adopted July 29, 1997; Ord. No. 1837, § 1(Exh. A), adopted June 14, 2011.

Sec. 90-41. - Zoning applications.
(a) Purpose. The purpose of a zoning application is to allow for consideration of applications for a change in the zoning ordinance or a change in the zone on a property shown on the official zoning map.
(1) Zoning ordinance amendments. The zoning regulations set forth in the chapter may be amended in accordance with the procedures of this article. (2) Zone map change. The boundaries of the zoning designation on any property set forth on the official zoning map on file with the city clerk, may be amended by changing the zoning designation in accordance with the procedures of this article. (b) New applications. An application for an amendment to the zoning ordinance or for a zone map change shall be filed with the director or the director's designee by the property owner or an authorized agent on a form(s) prescribed by the director, and shall include information and/or maps which are deemed by the director to be necessary to enable the approving authority to make the required findings. The director or the director's designee shall make available, in writing, a listing of the information and/or maps which are required to be submitted. Concurrent applications may be filed and processed.
(c) Compliance with Government Code§ 65853. Any zone ordinance amendment or zone map change, which changes any property from one zone to another or imposes any regulation specified in Government Code§ 65850 not previously imposed or removes or modifies any specified regulation previously imposed shall be adopted in compliance with Government Code §§ 65854 to 65857, inclusive and as specified in this article.

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( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-41.1. - Application fees and refunds.
(a) An application fee for a zoning ordinance amendment or zone change shall accompany the application submittal requirements which are filed with the director. The fee(s) shall cover the costs of processing the applications in accordance with a schedule adopted from time to time by city council resolution.
(b) Applications which are deemed incomplete and with no activity to complete the application for a period of 12 months from the filing date are considered automatically withdrawn and may be subject to a refund in accordance with this section. Applications which have been withdrawn will require a new application and fee to be submitted in order to process the application. (c) Application fee refunds shall be authorized by the director for applications that are withdrawn upon written request and proof of payment by the applicant, in accordance with a refund schedule based upon staff time spent on the project. Requests for application fee refunds shall be valid for a period of up to six months from the date of withdrawal. (d) Portions of application fees paid to another jurisdiction or agency for services to be rendered in connection with the application shall not be refunded until recovered by the city. Nothing contained in this section shall prohibit another jurisdiction or agency from refunding fees directly to the applicant. If fees have been paid out to another jurisdiction or agency, the administrative fee related to coordinating the review of applications by other jurisdictions or agencies is nonrefundable.
( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-41.2. - Investigation.

The director shall investigate and prepare a written report on all applications. Copies of the report shall be provided to the approving authority and the applicant at least three calendar days prior to a hearing an the application.
( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-41.3. - Hearing and notice procedure required.
(a) Hearing date. The director in the case of the planning commission, and the city clerk in the case of the city council shall set the time and place of the required public hearings. The hearing body, i.e., the commission, or council may change the time or place of their hearing, or may continue their hearing from time to time.
(b)

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Public hearing notice. Notice of public hearings shall contain the time and place of the hearing and the location and proposed use of the subject property.
(c) Publication. Notice of public hearing shall be published once in a newspaper of general circulation in the city not less than ten days prior to the date of the hearing. (d) Mailing. Notice of public hearing shall be mailed not less than ten days prior to the date of the hearing of owners of property within a radius of 500 feet of the exterior boundaries of the subject property. If the director deems the proposal to have a greater effect than the required notification radius, the director may increase the notification radius appropriately. (e) Testimony. A summary of all pertinent testimony offered at the public hearing, the names and addresses of the persons testifying, copies of all notices, affidavits of posting and publication, and records of action taken shall be a part of the permanent files of the project. ( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-41.4. - Review of applications and approving authority. (a) Planning commission. The planning commission shall be responsible for review and recommendation of zoning ordinance amendments and zone map changes to the city council. (b) City council. The city council shall be responsible for the final review and approval of zoning ordinance amendments and zone map changes.
(c) Effective date. The zoning ordinance amendment or zone map change shall become effective 30 days following the date of the second reading of the city council ordinance approving the action. ( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-41.5. - Findings required.

Upon approval of a zoning ordinance amendment or zone change the following findings shall be made by the approving authority:
(a) Zoning ordinance amendments.
(1) That the zoning ordinance amendment is in conformance with the latest adopted general plan for the city; and
(2) That the zoning ordinance amendment will protect the public health, safety and welfare. (b) Zone map change.
(1) That the proposed change of zone is in conformance with the latest adopted general plan for the city; and
(2) That the affected site is physically suited for the proposed zone change in terms of location, shape, size, and design; and
(3)

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That the proposed change of zone is substantially compatible with adjacent zoning, established land uses, and/or the planned development patterns in the vicinity, in terms of density, development standards, and character.
( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-41.6. - Final action.

Decisions of the planning commission on a zoning ordinance amendment or zone map change are automatically scheduled for city council action. The council may affirm, modify or reverse the planning commission decision, making any findings required by this chapter and/or state law. The decision of the city council shall be final.
( Ord. No. 1900 , § 4(Exh. 1), 4-14-15; Ord. No. 1903 , § 2(Exh. 1), 8-11-15) Sec. 90-41.7. - New application following a denial.

An application for a zone change on the same property or substantially the same property following the denial of the same request shall not be accepted within one calendar year of the date of denial unless the approving authority waives the resubmittal date at the time of project denial. ( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-42. - Conditional use permit (CUP) applications. (a) Purpose. Certain types of land uses require special consideration in a particular zone or in the city as a whole, and possess unique or special characteristics which make automatic inclusion as permitted uses either impractical or undesirable. For such uses, certain safeguards and conditions may be required to protect the public health, safety, convenience and general welfare and assure compatibility with adjacent uses.
(b) Applicability. A conditional use permit shall be required for any use designated as requiring a conditional use permit in the city's land use matrix for the zone in which the project is located. (c) New applications. An application for a conditional use permit shall be filed with the director or the director's designee by the property owner or an authorized agent on a form(s) prescribed by the director, and shall include information and/or maps which are deemed by the director to be necessary to enable the approving authority to make the required findings. The director or the director's designee shall make available, in writing, a listing of the information and/or maps which are required to be submitted. Concurrent applications may be filed and processed. ( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-42.1. - Application fees and refunds.

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(a) An application fee for a conditional use permit shall accompany the application submittal requirements which are filed with the director. The fee(s) shall cover the costs of processing the applications in accordance with a schedule adopted from time to time by city council resolution. (b) A streamlined conditional use permit with a reduced application fee may be considered in certain circumstances in which the amount of staff time required to process an application is less if the applicant can demonstrate to the satisfaction of the director that:
(1) The use is proposed to occupy an existing building or tenant space in a legally constructed building and tenant improvements or additions do not increase the existing square footage by more than 30 percent;
(2) The use meets all development standards of the zone, including providing for adequate parking;
(3) The use is not detrimental to public health and safety; (4) The use does not include any uses determined to have a community sensitivity such as an adult business, alcohol sales, live entertainment, pawn shop, smoke shop, massage parlor, or tattoo/piercing shop;
(5) The use is not specifically listed in other chapters of the code as requiring a conditional use permit with additional application submittal requirements or findings; (6) The environmental effects of the use do not require the preparation of a mitigated negative declaration or environmental impact report.
(c) Applications which are deemed incomplete and with no activity to complete the application for a period of 12 months from the filing date are considered automatically withdrawn and may be subject to a refund in accordance with this section. Applications which have been withdrawn will require a new application and fee to be submitted in order to process the application. (d) Application fee refunds shall be authorized by the director for applications that are withdrawn upon written request and proof of payment by the applicant, in accordance with a refund schedule based upon staff time spent on the project. Requests for application fee refunds shall be valid for a period of up to six months from the date of withdrawal. (e) Portions of application fees paid to another jurisdiction or agency for services to be rendered in connection with the application shall not be refunded by the city. Nothing contained in this section shall prohibit another jurisdiction or agency from refunding fees directly to the applicant.

If fees have been paid out to another jurisdiction or agency, the administrative fee related to coordinating the review of applications by other jurisdictions or agencies is nonrefundable. ( Ord. No. 1900 , § 4(Exh. 1), 4-14-15; Ord. No. 1903 , § 1(Exh. 1), 8-11-15) Sec. 90-42.2. - Investigation.

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The director shall investigate and prepare a written report on all applications. Copies of the report shall be provided to the approving authority and the applicant at least three calendar days prior to a hearing on the application.
( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-42.3. - Hearing and notice procedure required.
(a) Hearing date. The director in the case of the planning commission, and the city clerk in the case of the city council shall set the time and place of the required public hearings. The hearing body, i.e., the commission, or council may change the time or place of their hearing, or may continue their hearing from time to time.
(b) Public hearing notice. Notice of public hearings shall contain the time and place of the hearing and the location and proposed use of the subject property. (c) Publication. Notice of public hearings shall be published once in a newspaper of general circulation in the city not less than ten days prior to the date of the hearing. (d) Mailing. Notice of public hearings shall be mailed not less than ten days prior to the date of the hearing of owners of property within a radius of 500 feet of the exterior boundaries of the subject property. If the director deems the proposal to have a greater effect than the required notification radius, the director may increase the notification radius appropriately. (e) Testimony. A summary of all pertinent testimony offered at the public hearing, the names and addresses of the persons testifying, copies of all notices, affidavits of posting and publication, and records of action taken shall be a part of the permanent files of the project. (f) Per Government Code Section 65905.5, if a proposed housing development project complies with the applicable, objective general plan and zoning standards in effect at the time an application is deemed complete, after the application is deemed complete, the city shall not conduct more than five hearings pursuant to Section 65905, or any other law, ordinance, or regulation requiring a public hearing in connection with the approval of that housing development project. If the city continues a hearing subject to this section to another date, the continued hearing shall count as one of the five hearings allowed under this section. The city shall consider and either approve or disapprove the application at any of the five hearings allowed under this section consistent with the applicable timelines under the Permit Streamlining Act (Chapter 4.5 (commencing with Section 65920)).“Hearing” includes city council and planning commission meetings as well as administrative hearings, and meetings requested as part of the density bonus application process. “Housing development project” is defined in Government Code Section 65905.5.
( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)

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Sec. 90-42.4. - Review of applications and approving authority. (a) Planning commission. The planning commission shall be responsible for the review and approval of conditional use permits.
(b) Conditions of approval. The planning commission may impose conditions of approval which pertain to the development of the property and the operating conditions of the proposed use.

Such conditions shall promote the safe and orderly use of the property and preserve the integrity and character of the surrounding land uses, as appropriate. (c) Effective date. The conditional use permit shall become effective ten days following the date of approval by the applicable approving authority, unless otherwise appealed pursuant to section 90-42.6.
(d)

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Action of the planning commission shall be final unless appealed in accordance with the procedures of section 90-42.6.
( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-42.5. - Findings required.

Upon approval of a conditional use permit, the following findings shall be made by the approving authority:
(1) That the proposed location of the conditional use is in accord with the objectives of this chapter and the purposes of the zone in which the site is located; and (2) That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and (3) That the use and operation is consistent with the general plan elements, goals, and policies; and
(4) That the type, intensity, sensitivity and operating characteristics of the proposed use, and the manner in which they will be located on the site, are compatible with existing land uses, the character of established neighborhoods, or planned development in the vicinity. ( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-42.6. - Appeals.

An appeal of a planning commission decision may be made by an interested party to the city council. The appeal shall be filed within ten calendar days of the commission decision by filing a letter of appeal with the director. The director shall schedule the appeal for a hearing before the city council within 30 calendar days.

The council may affirm, modify or reverse any planning commission decision, making findings required by this chapter and/or state law. The decision of the city council shall be final. ( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-42.7. - New application following a denial.

An application for a conditional use permit on the same property or substantially the same property following the same request shall not be accepted within one calendar year of the date of denial unless the approving authority waives the resubmittal date at the time of project denial. ( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-42.8. - Expiration and time extensions.

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A conditional use permit approval shall expire 24 months after final approval unless construction has commenced and is being carried on diligently to completion, or an application for a time extension is filed prior to the expiration. If an application for extension is filed prior to the expiration, the approving authority may extend the time limit up to a maximum period of three additional years. ( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-42.9. - Modifications and/or revisions.

Modifications or revisions to an approved application shall require the submittal of a conditional use permit modification application and shall conform to all of the submittal requirements and fees in effect at the time of application. Only the approving authority shall approve modifications or revisions to approved applications and only after the hearings required in this chapter. Modifications must be found in substantial conformance to the purpose and intent of the original approval. All copies of the revised conditional use permit including the site plan and conditions of approval shall be dated and signed by the director and made a part of the record.
( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-42.10. - Applications to run with the land.

Approved conditional use permit applications run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the application provided that the use has not ceased for six months. All conditions of the application shall continue to apply to the new owner, and the change in ownership shall require a new business license and certificate of occupancy to be filed with the city.
( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-42.11. - Suspension and/or revocation.
(a) Suspension for violation. Upon violation of any applicable provision of this article, or, if the application was granted subject to conditions, upon failure to comply with conditions, the application shall automatically be suspended. The planning commission shall, within 40 calendar days of the suspension of the conditional use permit, hold a hearing in accordance with the requirements of section 90-42.3 to consider revocation. (b) Findings for revocation. A conditional use permit may be revoked if the planning commission finds:
(1) That the use is detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; or

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(2) That the conditional use permit was obtained by fraud; or (3) That the use for which the conditional use permit was granted is not being exercised; or (4) That the use for which the conditional use permit was granted has ceased or been suspended for more than six months; or
(5) That a status of noncompliance exists with regards to any of the conditions of the conditional use permit.
(c) Revocation. If after the hearing the planning commission is not satisfied that the regulation, general provision or condition for which compliance is required is being met the following actions shall be taken:
(1) The permit may be revoked and become null and void; or (2) The planning commission may take such action as deemed necessary and appropriate to ensure compliance with the regulation, general provision or condition; or (3) New requirements and/or conditions may be added.
(d) Action of the planning commission shall be final within ten calendar days unless appealed in accordance with the procedures of section 90-42.6.
( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-43. - Administrative use permit (AUP) applications. (a) Purpose. The purpose of an administrative use permit is to provide a shorter review process for a small select list of uses in lieu of a conditional use permit. In those instances where, in the director's opinion, a limited notification is sufficient to meet the purpose of the zone and where the use has been determined to have a limited effect to the surrounding area an administrative use permit may be processed.
(b) Applicability. An administrative use permit shall be required for any use designated as requiring an administrative use permit in the city's land use matrix for the zone in which the project is located.
(c) New applications. An application for an administrative use permit shall be filed with the director by the property owner or an authorized agent on a form(s) prescribed by the director, and shall include information and/or maps which are deemed by the director to be necessary to enable the approving authority to make the required findings. The director shall make available, in writing, a listing of the information and/or maps which are required to be submitted. Concurrent applications may be filed and processed.
( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-43.1. - Application fees and refunds.

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(a) An application fee for an administrative use permit shall accompany the application submittal requirements which are filed with the director. The fee(s) shall cover the costs of processing the applications in accordance with a schedule adopted from time to time by city council resolution. (b) Applications which are deemed incomplete and with no activity to complete the application for a period of 12 months from the filing date are considered automatically withdrawn and may be subject to a refund in accordance with this section. Applications which have been withdrawn will require a new application and fee to be submitted in order to process the application. (c) Application fee refunds shall be authorized by the director for applications that are withdrawn upon written request and proof of payment by the applicant, in accordance with a refund schedule based upon staff time spent on the project. Requests for application fee refunds shall be valid for a period of up to six months from the date of withdrawal. (d) Portions of application fees paid to another jurisdiction or agency for services to be rendered in connection with the application shall not be refunded by the city. Nothing contained in this section shall prohibit another jurisdiction or agency from refunding fees directly to the applicant.

If fees have been paid out to another jurisdiction or agency, the administrative fee related to coordinating the review of applications by other jurisdictions or agencies is nonrefundable. ( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-43.2. - Investigation.

The director shall investigate and prepare a written report on all applications. Copies of the report shall be provided to the approving authority and the applicant at least three calendar days prior to a hearing on the application.
( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-43.3. - Hearing and notice procedure required.
(a) Responsible party. The director shall set the time and place of the required administrative hearing. The director or the director's designee may change the time or place of the hearing, or may continue their hearing from time to time.
(b) Hearing notice. Notice of the administrative hearing by the director shall be provided in writing to the adjacent and across the street property owners and tenants as well as any on-site tenants.

The notice shall indicate the time and place of the hearing, a contact person, phone number of the contact person, where a copy of the staff investigation report may be viewed and/or obtained, and the appeal procedure.
( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)

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Sec. 90-43.4. - Review of applications and approving authority. (a) Director. The director shall be responsible for the review and approval of administrative use permits.
(b) Effective date. The permit shall become effective ten days following the date of approval by the applicable approving authority, unless otherwise appealed pursuant to section 90-43.6. ( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-43.5. - Findings required.

Upon approval of an administrative use permit, the following findings shall be made by the approving authority:
(a) Thatthe proposed location of the administrative use is in accord with the objectives of this chapter and the purposes of the zone in which the site is located; and (b) That the proposed location of the administrative use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and (c) That the use and operation is consistent with the general plan elements, goals, and policies; and
(d) That the type, intensity, sensitivity and operating characteristics of the proposed use, and the manner in which they will be located on the site, are compatible with existing land uses, the character of established neighborhoods, or planned development in the vicinity. ( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-43.6. - Appeals.
(a) Appeal of the director's decision. An appeal by an interested party may be made to the planning commission of the director's decision. The appeal shall be filed within ten calendar days of the director's decision by filing a letter of appeal with the director and paying the required appeal fee established by city council resolution. The appeal shall be scheduled for a de novo hearing before the planning commission within 30 calendar days and shall require the same notice as indicated in section 90-43.3. The commission may affirm, modify or reverse the director's decision, making findings required by this chapter and/or state law.
(b) Appeal of the planning commission's decision. An appeal by an interested party may be made to the city council of a planning commission decision. The appeal shall be filed within ten calendar days of the commission decision by filing a letter of appeal with the director and the required appeal fee established by city council resolution. The appeal shall be scheduled for a de novo

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public hearing before the city council within 30 calendar days. The council may affirm, modify or reverse the planning commission decision, making findings required by this chapter and/or state law. The decision of the city council shall be final.
( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-43.7. - New application following a denial.

An application for an administrative use permit on the same property or substantially the same property following the same request shall not be accepted within one calendar year of the date of denial unless the approving authority waives the resubmittal date at the time of project denial. ( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-43.8. - Expiration and time extensions.

An administrative use permit approval shall expire 24 months after final approval unless construction has commenced and is being carried on diligently to completion, or an application for a time extension is filed prior to the expiration. If an application for extension is filed prior to the expiration, the approving authority may extend the time limit up to a maximum period of three additional years. ( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-43.9. - Modifications and/or revisions.

Modifications or revisions to an approved application shall require re-application and shall conform to all of the submittal requirements and fees in effect at the time of application. Only the approving authority shall approve modifications or revisions to approved applications and only after the required hearings of this chapter. Modifications must be found in substantial conformance to the original approval. All copies of the revised approvals shall be dated and signed by the director and made a part of the record. ( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-43.10. - Applications to run with the land.

Approved administrative use permit applications run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the application provided that the use has not ceased for six months. All conditions of the application shall continue to apply to the new owner, and the change in ownership shall require a new business license and certificate of occupancy to be filed with the city.
( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)

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Sec. 90-43.11. - Suspension and/or revocation.
(a) Suspension for violation. Upon violation of any applicable provision of this article, or, if the application was granted subject to conditions, upon failure to comply with conditions, the application shall automatically be suspended. The director shall, within 40 calendar days of the suspension of the administrative use permit, hold a hearing. The hearing shall be in accordance with the requirements of section 90-43.3 to consider revocation. (b) Findings for revocation. An administrative use permit may be revoked if the director finds:
(1) That the use is detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; or
(2) That the administrative use permit was obtained by fraud; or (3) That the use for which the administrative use permit was granted is not being exercised; or (4) That the use for which the administrative use permit was granted has ceased or been suspended for more than six months; or
(5) That a status of noncompliance exists with regards to any of the conditions of the administrative use permit.
(c) Revocation. If after the hearing the director is not satisfied that the regulation, general provision or condition for which compliance is required is being met the following actions shall be taken:
(1) The permit may be revoked and become null and void; or (2) The director may take such action as deemed necessary and appropriate to ensure compliance with the regulation, general provision or condition; or (3) New requirements and/or conditions may be added.
(d) Action of the director shall be final within ten calendar days unless appealed in accordance with the procedures of section 90-43.6.
( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-44. - Variance applications.
(a) Purpose. The purpose of a variance is to allow for a reduction in the development standards of the zone in which the property is located in those instances where the strict or literal enforcement of the chapter would result in practical difficulty or unnecessary hardship in consistent with the purposes and objectives of this chapter. (b) New applications. An application for a variance shall be filed with the director or the director's designee by the property owner or an authorized agent on a form(s) prescribed by the director, and shall include information and/or maps which are deemed by the director to be necessary to

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enable the approving authority to make the required findings. The director or the director's designee shall make available, in writing, a listing of the information and/or maps which are required to be submitted.

Concurrent applications may be filed and processed.
( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-44.1. - Application fees and refunds.
(a) An application fee for a variance shall accompany the application submittal requirements which are filed with the director. The fee(s) shall cover the costs of processing the applications in accordance with a schedule adopted from time to time by city council resolution. (b) Application fee refunds shall be authorized by the director for applications that are withdrawn upon written request and proof of payment by the applicant, in accordance with a refund schedule based upon staff time spent on the project. Requests for application fee refunds shall be valid for a period of up to six months from the date of withdrawal. (c) Portions of application fees paid to another jurisdiction or agency for services to be rendered in connection with the application shall not be refunded by the city. Nothing contained in this section shall prohibit another jurisdiction or agency from refunding fees directly to the applicant.

If fees have been paid out to another jurisdiction or agency, the administrative fee related to coordinating the review of applications by other jurisdictions or agencies is nonrefundable. ( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-44.2. - Investigation.

The director shall investigate and prepare a written report on all applications. Copies of the report shall be provided to the approving authority and the applicant at least three calendar days prior to a hearing on the application.
( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-44.3. - Hearing and notice procedure required.
(a) Hearing date. The director in the case of the planning commission, and the city clerk in the case of the city council shall set the time and place of the required public hearings. The hearing body, i.e., the commission, or council may change the time or place of their hearing, or may continue their hearing from time to time.
(b) Public hearing notice. Notice of public hearings shall contain the time and place of the hearing and the location and proposed use of the subject property. (c) Publication. Notice of public hearing shall be published once in a newspaper of general circulation in the city not less than ten days prior to the date of the hearing.

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(d) Mailing. Notice of public hearing shall be mailed not less than ten days prior to the date of the hearing of owners of property within a radius of 300 feet of the exterior boundaries of the subject property. If the director deems the proposal to have a greater effect than the required notification radius, the director may increase the notification radius appropriately. (e) Testimony. A summary of all pertinent testimony offered at the public hearing, the names and addresses of the persons testifying, copies of all notices, affidavits of posting and publication, and records of action taken shall be a part of the permanent files of the project. ( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-44.4. - Review of applications and approving authority. (a) Planning commission. The planning commission shall be responsible for the review and approval of variances.
(b) Effective date. The permit shall become effective ten days following the date of approval by the applicable approving authority, unless otherwise appealed pursuant to section 90-44.6. (c) [Commission action final.] Action of the planning commission shall be final unless appealed in accordance with the procedures of section 90-44.6.
( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-44.5. - Findings required.

Upon approval of a variance, the following findings shall be made by the approving authority:
(1) There are unique physical circumstances applicable to the subject land, including size, shape, topography, location or surroundings. If the approving body finds that the physical circumstances are similar to other parcels in the zone, such circumstances are not unique and a variance shall not be granted; and
(2) The strict application of zoning standards deprives the property of the right to use the land in a manner enjoyed by other conforming property in the vicinity under identical zoning standards; and
(3) The approval of a variance shall not constitute a grant of special privileges which other conforming properties in the vicinity do not enjoy under identical zoning standards. ( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-44.6. - Appeals.

An appeal of a planning commission decision may be made by an interested party to the city council. The appeal shall be filed within ten calendar days of the commission decision by filing a letter of appeal with the director and the required appeal fee established by city council resolution. The director shall schedule the

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appeal for a de novo public hearing before the city council within 30 calendar days. The council may affirm, modify or reverse the planning commission decision, making findings required by this chapter and/or state law. The decision of the city council shall be final.
( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-44.7. - New application following a denial.

An application for a variance on the same property or substantially the same property following the same request shall not be accepted within one calendar year of the date of denial unless the approving authority waives the resubmittal date at the time of project denial. ( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-44.8. - Expiration and time extensions.

A variance approval shall expire 24 months after final approval unless construction has commenced and is being carried on diligently to completion, or an application for a time extension is filed prior to the expiration. If an application for extension is filed prior to the expiration, the approving authority may extend the time limit up to a maximum period of three additional years. ( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-44.9. - Modifications and/or revisions.

Modifications or revisions to an approved application shall require re-application and shall to all of the submittal requirements and fees in effect at the time of application. Only the approving authority shall approve modifications or revisions to approved applications and only after the hearing required in this chapter. All copies of the revised approvals shall be dated and signed by the director and made a part of the record.
( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-44.10. - Applications to run with the land.

Approved variance applications run with the land and shall continue to be valid upon a change of ownership of the site or structure, which was the subject of the application. All conditions of the application shall continue to apply to the new owner.
( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-45. - Administrative adjustment applications.

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(a) Purpose. The purpose of an administrative adjustment is to allow for a minor variance in property development standards in the following circumstances:
(1) In those instances where the strict or literal enforcement of the chapter would result in practical difficulty or unnecessary hardship inconsistent with the purposes and objectives of this chapter.
a. A maximum increase of 20 percent in the allowed height of buildings or structures. b. A maximum decrease of 20 percent in the required setbacks for structures or the distance between structures on the same site.
c. A maximum decrease of ten percent in the required parcel area, parcel depth, or parcel width.
d. A maximum increase of ten percent in the allowed lot coverage requirement or floor area ratio.
e. A reduction in the number of required parking spaces and/or of the off-street parking space design, layout, and landscape standards by not more than five percent. f. An adjustment of required on-site landscaping and fencing standards, including height, materials, and encroachment into setbacks.
(2) For approval of a non-residential accessory structure in the agricultural zones pursuant to subsection 90-186(e)(2) and in the single-family residential zones pursuant to subsection 90- 320(c).
(b) New applications. An application for an administrative adjustment shall be filed with the director by the property owner or an authorized agent on a form(s) prescribed by the director, and shall include information and/or maps which are deemed by the director to be necessary to enable the approving authority to make the required findings. The director shall make available, in writing, a listing of the information and/or maps which are required to be submitted. Concurrent applications may be filed and processed.
( Ord. No. 1900, § 4(Exh. 1), 4-14-15; Ord. No. 1957, § 1, 6-11-19) Sec. 90-45.1. - Application fees and refunds.
(a) An application fee for an administrative adjustment shall accompany the application submittal requirements which are filed with the director. The fee(s) shall cover the costs of processing the applications in accordance with a schedule adopted from time to time by city council resolution. (b) Applications which are deemed incomplete and with no activity to complete the application for a period of 12 months from the filing date are considered automatically withdrawn and may be subject to a refund in accordance with this section. Applications which have been withdrawn will require a new application and fee to be submitted in order to process the application.

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(c) Application fee refunds shall be authorized by the director for applications that are withdrawn upon written request and proof of payment by the applicant, in accordance with a refund schedule based upon staff time spent on the project. Requests for application fee refunds shall be valid for a period of up to six months from the date of withdrawal. (d) Portions of application fees paid to another jurisdiction or agency for services to be rendered in connection with the application shall not be refunded by the city. Nothing contained in this section shall prohibit another jurisdiction or agency from refunding fees directly to the applicant.

If fees have been paid out to another jurisdiction or agency, the administrative fee related to coordinating the review of applications by other jurisdictions or agencies is nonrefundable. ( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-45.2. - Investigation.

The director shall investigate and prepare a written report on all applications setting forth the findings for approval or denial required pursuant to section 90-45.4. ( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-45.3. - Review of applications and approving authority. (a) Administrative adjustments. Administrative adjustment determinations by the director are administrative actions and generally will not require notice and a public hearing unless the project may affect the property rights or enjoyment of neighboring properties as determined by the director.
(b) Review authority. The director shall be responsible for the review and approval of administrative adjustments. However, the planning commission shall review and approve administrative adjustment applications that accompany a development project under consideration by the planning commission.
(c) Effective date. The administrative adjustment shall become effective ten days following the date of approval by the applicable approving authority, unless appealed pursuant to section 90-45.5. (Ord.No. 1900, § 4(Exh. 1), 4-14-15; Ord. No. 1971, § 4, 1-12-21) Sec. 90-45.4. - Findings required.

Upon approval of an administrative adjustment, the following findings shall be made by the approving authority:
(1) There are unique physical circumstances applicable to the subject land, including size, shape, topography, location or surroundings. If the approving body finds that the physical circumstances are similar to other parcels in the zone, such circumstances are not unique

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and an administrative adjustment shall not be granted; and (2) The strict application of zoning standards deprives the property of the right to use the land in a manner enjoyed by other conforming property in the vicinity under identical zoning standards; and
(3) The approval of an administrative adjustment does not constitute a grant of special privileges which other conforming properties in the vicinity do not enjoy under identical zoning standards.
( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-45.5. - Appeals.

An appeal by an interested party may be made to the planning commission of the director's decision. The appeal shall be filed within ten calendar days of the director's decision by filing a letter of appeal with the director and paying the required appeal fee established by city council resolution. The appeal shall be scheduled for a de novo hearing before the planning commission within 30 calendar days and shall require the same notice as indicated in section 90-45.3. The commission may affirm, modify or reverse the director's decision, making any findings required by this chapter and/or state law. ( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-45.6. - New application following a denial.

An application for an administrative adjustment on the same property or substantially the same property following the same request shall not be accepted within one calendar year of the date of denial unless the approving authority waives the resubmittal date at the time of project denial. ( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-45.7. - Expiration and time extensions.

An administrative adjustment approval shall expire 24 months after final approval unless construction has commenced and is being carried on diligently to completion. ( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-45.8. - Modifications and/or revisions.

Modifications or revisions to an approved application shall require re-application and shall conform to all of the submittal requirements and fees in effect at the time of application. Only the approving authority shall approve modifications or revisions to approved applications and only after the required hearings of

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this chapter. Modifications must be found in substantial conformance to the original approval. All copies of the revised approvals shall be dated and signed by the director and made a part of the record. ( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-45.9. - Applications to run with the land.

Approved administrative adjustment applications run with the land and shall continue to be valid upon a change of ownership of the site or structure, which was the subject of the application. ( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-46. - Development review committee (DRC).

In order to assist in the development process and review, the development review committee is established. The development review committee shall be comprised of the police chief, fire chief, building official, city engineer, the public works director, and the community development director or their designees. The community development director or designee shall serve as the chair of the committee and shall be responsible for the agenda and the running of the meeting. The intent of the development review committee is to provide a single point for the initial city staff review and comment on proposed projects to better coordinate the application or project review process. ( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-46.1. - Meeting schedule.

The director shall, in consultation with the committee, set the time and place for regularly scheduled meetings of the committee. The schedule and committee agenda shall be posted in the planning division and on the city bulletin board. The schedule and agenda shall indicate agenda items, the time and place of the committee meetings, and a contact person for each application. ( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-46.2. - Review items.
(a) Preliminary review. Pre-application review shall be as provided in section 90-49. (b) Developer assistance. If in the process of building plan check for the development of a structure and/or use allowed by chapter 90 herein, a conflict with the plans arises, the applicant may seek to resolve the conflict through the preliminary review process established in section 90-49. (c) Planning application review. Prior to consideration by the approving body on an application for development required by chapter 90, the committee may review specified planning applications including zoning ordinance amendments, zone map changes, specific plans, planned unit

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developments, tentative tract maps, tentative parcel maps, community plans, conditional use permits, administrative use permits, site development review, downtown project review, use conversions, variances, and administrative adjustments, unless otherwise determined by the director that the scope of the project does not require development review committee review. The review shall consist of a review of the applications and plans for compliance with the Hemet Municipal Code, the California Fire Code, the California Building Code, the City of Hemet General Plan, the City of Hemet standard plans and specifications for public works construction, applicable design guidelines, and other applicable local, state and federal plans and laws.
( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-46.3. - Distribution, comments, and conditions. (a) Distribution. At least 14 days prior to the scheduled development review committee meeting the director shall distribute an agenda of the meeting indicating those items that are subject to the review of the committee, including any maps, plans and/or reports regarding the agenda items. (b) Comments and conditions. Each member of the committee shall prepare written comments and/or conditions for discussion with the applicant at the scheduled development review committee meeting, and shall transmit copies of the comments to the case planner prior to or at the time of the development review committee meeting.
( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-47. - Reserved.

Editor's note- Ord. No. 1926, § 3, adopted April 25, 2017, repealed § 90-47, which pertained to downtown project review applications and derived from Ord. No. 1900, § 4(Exh. 1), adopted April 14, 2015.

Secs. 90-47.1-90-47.9. - Reserved.

Editor's note- Ord. No. 1949, § 3(Exh. A, 3), adopted September 25, 2018, repealed §§ 90-47.1-90-47.9, which pertained to downtown project review and derived from Ord. No. 1900, adopted April 14, 2015.

Sec. 90-48. - Site development review applications.
(a) Purpose. The purpose of a site development review application is to ensure compliance with the development standards of this chapter, building, fire, and housing codes, applicable design guidelines and standards, specific plan requirements, and general plan policies prior to the issuance of building permits. It is further the intent of the city by this section to provide for the orderly administration of the various regulations of the city, and to minimize future problems therewith, by requiring the review and approval of development proposals by means of a site development review approval process.

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(b) Applicability.A site development review application shall be required for all new and revised development projects as provided in this section.
(1) Major site development review. A major site development review application is required for projects consisting of:
a. The site design and architecture of single family residential projects containing five or more parcels;
b. Multifamily residential projects of two or more units that do not comply with article XIV (multifamily residential and mixed-use objective development and design standards), sections 90-421 through 90-432, as determined by the director or director's designee; c. Mixed-use development project with a residential component occupying two-thirds or greater of the overall gross floor area that do not comply with article XIV (multifamily residential and mixed-use objective development and design standards), sections 90-421 through 90-432, as determined by the director or director's designee; d. Institutional, public facility, or community facilities including recreation facilities and outdoor venues;
e. Other uses for which major site development review is required by an adopted specific plan or the Hemet Municipal Code.
(2) Minor site development review. A minor site development review application is required for projects consisting of:
a. Single-family residential projects containing two to four parcels; b. Multifamily residential projects of two or more units that comply with article XIV (multifamily residential and mixed-use objective development and design standards), sections 90-421 through 90-432, as determined by the director or director's designee; c. Mixed-use development project with a residential component occupying two-thirds or greater of the overall gross floor area that comply with article XIV (multifamily residential and mixed-use objective development and design standards), sections 90-421 through 90- 432, as determined by the director or director's designee; d. Commercial center upgrades or fai;ade enhancements involving 40 percent or more of the center or facade;
e. Churches and religious institutions in the S-1 zone or otherwise not requiring a conditional use permit;
f. Other uses for which minor site development review is required by an adopted specific plan or the Hemet Municipal Code.
(3)

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Minor site development review applications, except for multifamily residential development projects and mixed-use development projects with a residential component occupying two-thirds or greater of the overall gross floor area that comply with article XIV (multifamily residential and mixed-use objective development and design standards), sections 90-421 through 90-432, may be remanded for planning commission review and approval if determined by the director to have the potential to cause special community impacts or other unique or unusual effects.
(4) In the event that a conditional use permit is required in addition to the site development review, only the conditional use permit application need be submitted, provided that the application materials and findings also address the requirements of this section. (5) If site development review is not required pursuant to this section, projects may proceed to plan check or permit, as applicable. The director may also determine that based upon the scope and circumstances of a particular project a site development review application is not required.
(c) New applications. An application for site development review shall be filed with the director or the director's designee by the property owner or an authorized agent on a form(s) prescribed by the director, and shall include information and/or maps which are deemed by the director to be necessary to enable the approving authority to make the required findings. The director or the director's designee shall make available, in writing, a listing of the information and/or maps, which are required to be submitted. Concurrent applications may be filed and processed. (Ord.No. 1900, § 4(Exh. 1), 4-14-15; Ord. No. 1987, § 2, 12-14-21) Sec. 90-48.1. - Review of applications and approving authority. (a) Major site development review applications. The planning commission shall be responsible for the review and approval of major site development review applications. (b) Minor site development review applications. The director shall be responsible for the review and approval of minor site development review applications. (c) Effective date. The permit shall become effective ten days following the date of approval by the applicable approving authority, unless otherwise appealed pursuant to section 90-48.6. ( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-48.2. - Application fees and refunds.
(a) An application fee for site development review shall accompany the application submittal requirements, which are filed with the director. The fee(s) shall cover the costs of processing the applications in accordance with a schedule adopted from time to time by city council resolution. (b)

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Applications which are deemed incomplete and with no activity to complete the application for a period of 12 months from the filing date are considered automatically withdrawn and may be subject to a refund in accordance with this section. Applications which have been withdrawn will require a new application and fee to be submitted in order to process the application. (c) Application fee refunds shall be authorized by the director for applications that are withdrawn upon written request and proof of payment by the applicant, in accordance with a refund schedule based upon staff time spent of the project. Requests for application fee refunds shall be valid for a period of up to six months from the date of withdrawal. (d) Portions of application fees paid to another jurisdiction or agency for services to be rendered in connection with the application shall not be refunded by the city. Nothing contained in this section shall prohibit another jurisdiction or agency from refunding fees directly to the applicant.

If fees have been paid out to another jurisdiction or agency, the administrative fee related to coordinating the review of applications by other jurisdictions or agencies is nonrefundable. ( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-48.3. - Investigation.

The director shall investigate and prepare a written report on all applications. Copies of the report shall be provided to the approving authority and the applicant at least three calendar days prior to a hearing on the application.
( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-48.4. - Hearing and notice procedure required.
(a) Major site development review applications.
(1) Hearing date. The director in the case of the planning commission, and the city clerk in the case of the city council shall set the time and place of the required public hearings. The hearing body, i.e., the commission, or council may change the time or place of their hearing, or may continue their hearing from time to time.
(2) Public hearing notice. Notice of public hearings shall contain the time and place of the hearing and the location and proposed use of the subject property. (3) Publication. Notice of public hearing shall be published once in a newspaper of general circulation in the city not less than ten days prior to the date of the hearing. (4) Mailing. Notice of public hearing shall be mailed not less than ten days prior to the date of the hearing of owners of property within a radius of 500 feet of the exterior boundaries of the subject property. If the director deems the proposal to have a greater effect than the required notification radius, the director may increase the notification radius appropriately.

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(5) Testimony. A summary of all pertinent testimony offered at the public hearing, the names and addresses of the persons testifying, copies of all notices, affidavits of posting and publication, and records of action taken shall be a part of the permanent files of the project. (b) Minor site development review application.
(1) The director shall set the time and place of the required administrative hearing. The director or the director's designee may change the time or place of the hearing, or may continue their hearing from time to time.
(2) Notice of the administrative hearing by the director shall be provided in writing to the adjacent and across the street property owners and tenants as well as any onsite tenants. The notice shall indicate the time and place of the hearing, a contact person, phone number of the contact person, where a copy of the staff investigation report may be viewed and/or obtained, and the appeal procedure.
( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-48.5. - Findings required.

Upon approval of a site development review application, the approving authority shall make the following findings:
(a) The project complies with the all provisions of this chapter, and all other relevant city regulations, policies and guidelines including applicable design guidelines, specific plan requirements, and general plan policies;
(b) The project complies with the California Environmental Quality Act and all applicable requirements and procedures of the act have been followed; (c) The design, scale, height, and layout of the project is appropriate for the site, will not unreasonably interfere with the use and enjoyment of neighboring existing or future developments, will not create traffic or pedestrian hazards and will not otherwise have a negative impact on the aesthetics, health, safety or welfare of neighboring uses; (d) The architectural design of the project is compatible with the character of the surrounding neighborhood and will enhance the visual character of the neighborhood through good aesthetic use of materials, texture and color;
(e) The project applies applicable energy, water, and open space conservation practices to project design as outlined in the general plan and any relevant specific plan to help manage and conserve natural resources for the benefit of current and future residents. ( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-48.6. - Appeals.

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(a) Appeal of the director's decision. An appeal by an interested party may be made to the planning commission of the director's decision. The appeal shall be filed within ten calendar days of the director's decision by filing a letter of appeal with the director and paying the required appeal fee established by city council resolution. The commission may affirm, modify or reverse the director's decision, making findings required by this chapter and/or state law. (b) Appeal of the planning commission's decision. An appeal by an interested party may be made to the city council of a planning commission decision. The appeal shall be filed within ten calendar days of the commission decision by filing a letter of appeal with the director and the required appeal fee established by city council resolution. The council may affirm, modify or reverse the planning commission decision, making findings required by this chapter and/or state law. The decision of the city council shall be final.
( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-48.7. - New application following a denial.

An application for site development review on the same property or substantially the same property following the same request shall not be accepted within one calendar year of the date of denial unless the approving authority waives the resubmittal date at the time of project denial. ( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-48.8. - Expiration and time extensions.

Site development review approval shall expire 24 months after final approval unless construction has commenced and is being carried on diligently to completion, or an application for a time extension is filed prior to the expiration. If an application for extension is filed prior to the expiration, the approving authority may extend the time limit up to a maximum period of three additional years. ( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-48.9. - Modifications and/or revisions.

Modifications or revisions to an approved site development review application shall require submittal of a request to the director. The director shall have the authority to permit minor modifications to an approved minor site development review application. For the purposes of this section, a minor modification means where there is less than 20 percent change to the site plan, floor area, architecture, or fa ade of the original approval. The planning commission shall review all other modifications or revisions in accordance with the

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required review procedures in this chapter. Modifications must be found in substantial conformance to the original approval. All copies of the revised site development review permit, including the site plan and conditions of approval, shall be dated and signed by the director and made a part of the record. ( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-48.10. - Suspension and/or revocation.
(a) Suspension for violation. Upon violation of any applicable provision of this article, or, if the application was granted subject to conditions, upon failure to comply with conditions, the application shall automatically be suspended. The approving authority shall, within 40 calendar days of the suspension of the conditional use permit, hold a hearing in accordance with the requirements of section 90-48.3 to consider revocation. (b) Findings for revocation. A site development review permit may be revoked if the planning commission finds:
(1) That the site development review permit was obtained by fraud; or (2) That the use for which the site development review permit was granted is not being exercised; or
(3) That the use for which the site development review permit was granted has ceased or been suspended for more than six months; or
(4) That a status of noncompliance exists with regards to any of the conditions of the site development review permit.
(c) Revocation. If after the hearing the approving authority is not satisfied that the regulation, general provision or condition for which compliance is required is being met, the following actions shall be taken:
(1) The permit may be revoked and become null and void; or (2) The approving authority may take such action as deemed necessary and appropriate to ensure compliance with the regulation, general provision or condition; or (3) New requirements and/or conditions may be added.
(d) Action of the approving authority shall be final within ten calendar days unless appealed in accordance with the procedures of section 90-48.6.
( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-49. - Pre-application review applications.
(a) Purpose. The purpose of the pre-application review application is to reduce the time and expense of the development review process by providing to the applicant an informative assessment early in the process to assist in the efficient and coordinated processing of projects consistent with city

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standards and requirements, prior to the applicant's preparation of a formal submittal. It is further the intent of the city by this section to maintain and encourage high standards of development in the interest of public health, safety, economic development, and general welfare of the city. (b) Applicability.A pre-application review application shall be required for all new and revised projects as provided in this section:
(1) Annexations.
(2) General plan amendments.
(3) Specific plans.
(4) Residential projects of five or more parcels.
(5) Multiple-family residential projects.
(6) Commercial, industrial, and institutional projects with over 5,000 square feet of building area. (7) Conditional use permits (excluding streamlined review applications). (8) Tentative tract maps and tentative parcel maps.
(9) Large scale special events that are outdoors, open to the public, and on property that is not typically allowed or permitted as an ongoing use of the site. (c) New applications. An application for pre-application review shall be filed with the director or the director's designee by the property owner or an authorized agent on a form(s) prescribed by the director. The director or the director's designee shall make available, in writing, a listing of the information and/or maps, which are required to be submitted. (d) The director shall have the authority to waive or require pre-application review for limited projects, as applicable based on the circumstances and scope of the project. ( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-49.1. - Application fees and refunds.
(a) An application fee for pre-application review shall accompany the application submittal requirements, which are filed with the director. The fee(s) shall cover the costs of processing the applications in accordance with a schedule based on staff time spent on the project. (b) Applications which have been withdrawn will require a new application and fee to be submitted in order to process the application.
(c) Application fee refunds shall be authorized by the director for applications that are withdrawn upon written request and proof of payment by the applicant, in accordance with a refund schedule based upon staff time spent on the project. Requests for application fee refunds shall be valid for a period of up to six months from the date of withdrawal. (d) Nonprofit organizations with a 501(c)(3) tax exemption are exempt from pre-application review application fee requirements for large scale special events.

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( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-49.2. - Procedure.
(a) Within 14 days from receipt of a pre-application review application, the director will schedule when the development review committee meeting will be held to discuss the proposed project with the applicant. The development review committee shall provide an initial review of the proposed development plans for compliance with the Hemet Municipal Code, the applications required, the Hemet General Plan and applicable design guidelines and standards as well as what technical studies or materials will be required to be filed with the formal application. (b) Within 20 working days after the development review committee meeting reviewing the proposed project, the director shall prepare and send to the applicant a letter summarizing the preliminary comments and recommendations of the development review committee. (c) Pre-application review shall not be considered a final review or substitute for the application submittal process. It is solely intended to provide the necessary information to enable an applicant to make an informed decision about whether or how to proceed with a development project in the city.
( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Sec. 90-49.3. - Time limit; extension.
(a) A new pre-application review application shall be required if project applications associated with the pre-application review have not been submitted within 24 months of the last development review committee meeting or the project has substantially changed. (b) The director may extend the expiration date of a pre-application review application for an additional six months if written request for the extension is filed prior to the date of expiration. ( Ord. No. 1900 , § 4(Exh. 1), 4-14-15)
Secs. 90-50-90-54. - Reserved.

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

The purpose of this division is to establish the regulations by which lots, uses, structures and characteristics of uses are allowed to continue until they are removed. It is the intent of this division that nonconformities shall not be enlarged, expanded, extended, altered, moved or reestablished after they are discontinued or abandoned, or restored after destruction, except as provided in this division.

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(Ord. No. 1585, § 3, 8-25-98)
Sec. 90-56. - Nonconforming lots.
(a) Lot area and lot dimensions. A lot of record, created in conformity with then applicable requirements before March 1, 1975, which does not conform to the area lot width and depth standards of the zone in which the lot is located, may be used in accordance with the provisions of this division.
(b) Lot line adjustment. A lot line adjustment application may be filed by a property owner, in accordance with chapter 70, subdivisions, between two or more lots, where one or more of the lots are nonconforming. The lot line adjustment may be approved so long as the resulting lot(s) will decrease the nonconformity by either increasing the lot area, lot dimensions, or both. In no case, shall a lot line adjustment be approved where the resulting adjustment results in a new nonconforming lot or where the nonconformity is increased. (Ord. No. 1585, § 3, 8-25-98)
Sec. 90-57. - Nonconforming use or structure defined.
(a) Nonconforming use. A use, lawfully occupying a lot or a structure, that does not conform with the minimum development standards or the site development requirements for the zone in which the use is located shall be deemed to be nonconforming, but may continue to be used, maintained and repaired, subject to the provisions of this division. (b) Nonconforming structure. A structure, lawfully occupying a lot, that does not conform with the minimum development standards or the site development requirements for the zone in which the structure is located shall be deemed to be nonconforming, but may continue to be used, maintained and repaired, subject to the provisions of this division. (c) Nonconforming residential use. A single-family or multiple-family use, lawfully occupying a lot or a structure, that does not conform with the minimum development standards or the site development requirements for the zone in which the use is located shall be deemed to be nonconforming, but may continue to be used, maintained and repaired, subject to the provisions of this division.
(d) Nonconforming residential structure. A single-family or multiple-family structure, lawfully occupying a lot, that does not conform with the minimum development standards or the site development requirements for the zone in which the structure is located shall be deemed to be nonconforming, but may continue to be used, maintained and repaired, subject to the provisions of this division.
(Ord. No. 1585, § 3, 8-25-98; Ord. No. 1709, § 2, 1-13-04)

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Sec. 90-58. - Deficiency in off-street parking.

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

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

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The building official shall estimate, or, at the discretion of the building official, review estimates prepared by others, the extent of damage or partial destruction based upon the ratio of the estimated cost of restoring the structure to its prior condition. Estimates for this purpose shall be based on the minimum cost of construction in compliance with the latest adopted building code. The building official shall consult the latest adopted International Conference of Building Officials Building Valuation Data Tables as a guide for the cost of construction.
(Ord. No. 1585, § 3, 8-25-98; Ord. No. 1709, § 2, 1-13-04) Sec. 90-62. - Notice of nonconformity.
(a) Intent to file. When, in the opinion of the director, a use or structure does not conform to the site development and/or development regulations of the zone in which it is located, the director shall send, by certified mail to the property owner, an intent to file a notice of nonconformity. The intent to file notice shall indicate the sections of chapter 90 with which the use or structure does not comply. If no appeal is filed, the director shall record, with the county clerk, a notice of nonconformity.
(b) Notice of nonconformity. The purposes of the notice are to inform the property owner of the nonconforming status of the property and to provide constructive notice to future property owners of the nonconforming status of the property. A notice of nonconformity shall be filed by the director with the county clerk. The notice shall indicate the sections of chapter 90 with which the property does not comply. When the property has been brought into compliance with the pertinent sections of chapter 90, the director shall remove the notice of nonconformity. (Ord. No. 1585, § 3, 8-25-98)
Sec. 90-63. - Notice of abandonment.

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

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This section does not apply to nonconformities which have been abandoned in accordance with section 90-63. When the director, in consultation with the building official and city engineer, determines that the continuation of a nonconforming use or structure may be injurious to the public health, safety and welfare, a notice of elimination shall be sent by certified or registered mail, promptly notifying the owner of the date by which compliance will be required. The notification shall be recorded on the property and removed when the nonconformity has been eliminated. There shall be no further notification required. Within 90 calendar days, or a longer period of time if granted by the director, the property owner shall remove the nonconformity.
(Ord. No. 1585, § 3, 8-25-98)
Sec. 90-65. - Right to appeal.

The owner(s) may file a written appeal with the city council, within 30 calendar days of the notice of nonconformity, abandonment, or elimination. The appellant and other interested parties shall present evidence relating to the nonconformity. The city council, after hearing testimony, may affirm, reverse, or modify the decision of the director.
(Ord. No. 1585, § 3, 8-25-98)
Sec. 90-66. - Exceptions to provisions.

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

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

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

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

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

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

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

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

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

5. The dwelling, prior to being involuntarily damaged or destroyed, constituted a public nuisance within the meaning of the Hemet Municipal Code and/or state law. c. The floor area of a nonconforming residential structure may be expanded by not more than 200 square feet, provided that the number of dwelling units shall not be increased, and the expansion otherwise complies with subdivision (c) of this section. (2) In a C zone, a use that is permitted or a conditional use in a C zone or M zone may be continued and a conditional use permit may be granted for expansion of the floor area or the site area occupied by the use by not more than ten percent in any five year period. In a C zone, a conditional use permit may be granted for conversion of a residence to office or commercial use subject to the standards outlined in article IV of this chapter. (3) In an M zone or a C-M zone, a use that is a permitted use or a conditional use in any M zone may be continued. A conditional use permit may be granted for expansion of the floor area or the site area.

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(4) Nothing in this chapter pertaining to nonconforming structures and uses shall be construed or applied so as to require the termination, discontinuance or removal or so as to prevent the modernization, replacement, repair, maintenance, alteration, reconstruction or rebuilding and continued use of public utility buildings, structures, equipment and facilities, provided that there is no change of use or enlargement of those areas so used. (Ord. No. 1585, § 3, 8-25-98; Ord. No. 1709, § 2, 1-13-04) Secs. 90-67-90-70. - Reserved.

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ARTICLE VII. -AGRICULTURE ZONES
Footnotes:
--- (4) ---
Editor's note- Ord. No. 1884, § 1(Exh. A1), adopted May 27, 2014, amended art. VII in its entirety to read as herein set out, substantially reorganizing and revising its provisions. Former art. VII, §§ 90-181, 90-182, 90-184, 90-185, pertained to similar subject matter. Legislative history has been retained at ends of sections.

Sec. 90-181. - Purposes.

The purpose of the agricultural zones is to:
(1) Provide appropriate areas for the managed production of agricultural resources on land of sufficient size.
(2) Provide for the orderly development of large areas of open land which will have a definite public value as open space or which have been intended for eventual development, pending proper timing for the economical provision of utilities, major streets and other facilities. (3) Implement the intention of the underlying land use designation of the general plan. (Ord. No. 1552, § 2; Ord. No. 1884, § 1(Exh. A1), 5-27-14) Sec. 90-182. - Zone established.

The agriculture zones are established in accordance with the standards of this article and as shown on the official zoning map pursuant to section 90-6.
(1) A-1-Lightagricultural zone:To provide appropriate areas with a minimum lot size of one acre for the establishment of light agricultural land uses or as a holding zone for eventual development.
(2) A-2-Heavy agricultural zone: To provide appropriate areas with a minimum lot size of five acres for the establishment of heavy agricultural land uses. Parcels with the designation of A2-10 have a minimum lot size of ten acres. (Ord. No. 1884, § 1(Exh. A1), 5-27-14; Ord. No. 1949, § 5(Exh. A, 5), 9-25-18) Sec. 90-183. - Permitted uses.

In the A zones, permitted and conditionally permitted uses shall be as listed within the "Land Use Matrix." Whenever a business is conducted, even if it is a home occupation, a city business license is required pursuant to chapter 18. All other uses not specifically listed in the matrix shall be interpreted as

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not permitted unless a similar use determination is made by the community development director pursuant to section 90-3. Uses located within the Hemet-Ryan Airport Influence Area are subject to the requirements of the Riverside County Airport Land Use Plan.

AGRICULTURE (A) ZONE LAND USE MATRIX
P = Permitted Use
A= Administratively Permit Use
C = Conditionally Permitted Use
X = Not Permitted
REQUIREMENTS: Additional or explanatory regulations or requirements Land Use A-1 A-2 Requirements
A. Agriculture and Natural Resources

1. Animal keeping p p Sec. 90-77

2. Commercial crop production including
fruits, vegetables, flowers, and
ornamental plants
p p

3. Feed store including tack and other
similar items
A A

4. Fertilizer operation for farm animal
manure including but limited to drying,
stockpiling, storage, and sale
X C

5. Produce processing (canning, drying,
freezing, packing) of food grown on the
premises
X p Sec. 90-48

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Produce stands
a. Permanent p p Sec. 90-48

6. b. Temporary p p Sec. 90-73

7. Winery for grapes grown on the premises
and incidental uses such as wine tasting,
tours, sales
C C

8. Wildlife preserve and sanctuary P/C P/C Sec. 10-3 and Sec. 90-77. A
CUP is
required if any
exotic animals
are associated
with the use.

B. Residential Uses

1. Accessory dwelling unit p p Sec. 90-321

2. Farmworker housing of up to 36 beds or
12 family units as a component of an
agricultural use pursuant to Health and
Safety Code§§ 17021.6 and 50199.7
p p Not subject to
the maximum
density
requirements
of Sec. 90-185
Agricultural Employee Housing (Small, 6
or fewer persons)
P P
Agricultural Employee Housing (Large,
more than 6 persons)
P
P

3. Single-family home p p

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4. Supportive housing pursuant to
Government Code § 65582
p p Sec. 90-262

5. Low barrier navigation center pursuant to
California Civil Code§ 51.3.5
p p Sec. 90-262
C. Residential-Other

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1. Accessory uses and structures p p Sec. 90-186(e)

2. Animal keeping p p Sec. 90-77

3. Home occupations p p Sec. 90-72
D. Education, Public Assembly, and Recreation Uses

1. Fairgrounds X C

2. Equestrian activities A p

3. Commercial recreation C C
E. Service Uses
Animal Services
a. Boarding/Training-day only p p
b. Boarding/Training-overnight stays A p
c. Grooming A p

1. d. Veterinary clinic, animal hospital C C

2. Bed and breakfast inn C C
F. Industrial Uses

1. Petroleum products distribution and
storage for on-site agricultural use
X p

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2. Mining, including extraction of sand,
gravel, and soil.

X C A mining and
reclamation
plan per State
and County
standards is
required as
part of the
CUP process
G. Transportation, Communication, and Infrastructure Uses

1. Flood control facilities, including, but not
limited to detention and retention
basins, flood control channels
p p

2. Public facilities and utilities including but
not limited to electric substations,
waterworks facilities, and public safety
facilities.

C C

3. Satellite dish antenna p p
Wireless communication facility Article XLVI
a. Minor facility A A

4. b. Major facility C C
(Ord. No. 1552, § 2, 1-28-97; Ord. No. 1566, § 2(A), 8-26-97; Ord. No. 1581, § 2, 2-24-98; Ord. No. 1591, § 1(1), 9-29-98; Ord. No. 1867, § 3(Exh. A3), 8-13-13; Ord. No. 1884, § 1(Exh. A1), 5-27-14; Ord. No. 1901 , § 2(Exh. 2), 4-14-15; Ord. No. 1903, § 2(Exh. 1), 8-11-15; Ord. No. 1919, § 1(Exh. 5), 9-27-16; Ord. No. 1940, § 2(Exh. B), 12-12-17; Ord. No. 1949, § 5(Exh. A, 5), 9-25-18)
Sec. 90-184. - Reserved.

Sec. 90-185. - General requirements.

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(a) New development projects in the agricultural zones are subject to pre-application review as provided in section 90-49 and site development review as provided in section 90-48 of this chapter. Development of the site and structures shall be consistent with all applicable design guidelines.
(b) Prior to the construction of any building or structure, a building permit shall be required in accordance with the latest city adopted California Building Code. The following are minimum requirements, unless otherwise noted, and shall apply to all land, buildings, and structures in their respective zones. All area dimensions are in square feet, unless otherwise noted. All linear dimensions are in feet, unless otherwise noted.

A-ZONES MINIMUM DEVELOPMENT STANDARDS
ZONE A-1 A-2 A-2-10 REQUIREMENTS

1. Density (Maximum
number of single-family
dwelling units per lot)
1 1 1 Does not apply to
farmworker
housing or
secondary units

2. Minimum lot area 1 acre 5 acres 10 acres

3. Lot width 100 100 100

4. Lot depth 150 150 150

5. Front yard setback 20 20 20

6. Rear yard setback 10 10 10

7. Side yard setback 10 10 10

8. Lot coverage None None None

9. Building and structure
height
40 40 40

10. Parking required Article XL

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11. Signing allowed Article XXXVI
(Ord. No. 1552, § 2, 1-28-97; Ord. No. 1581, § 2, 2-24-98; Ord. No. 1884, § 1(Exh. A1), 5-27-14; Ord. No. 1900, § 5(Exh. 2), 4-14-15; Ord. No. 1949 , § 5(Exh. A, 5), 9-25-18) Sec. 90-186. - Site development requirements.
(a) Single-family dwellings standards, including manufactured homes certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 on permanent foundations, in any zone. The following standards shall be met for any single-family dwelling in any zone:
(1) Structure design shall be consistent with the city's residential design guidelines and shall incorporate sustainable design features as reasonably feasible. (2) The floor elevation of the dwelling unit shall be as close as possible to grade level of the lot, while still permitting good drainage of water away from the dwelling unit. (3) An enclosed storage area of not less than 175 cubic feet of interior area shall be provided within the garage or carport in the form of a loft or other usable area set aside specifically for storage purposes. This standard shall also apply to new garages or carports. (b) Measurement of yards.
(1) A required yard or other open space around an existing or proposed building shall not be used to meet a required yard or other open space for any other building on an adjoining lot or building site.
(2) Garage doors shall not, when open or being opened, project beyond any lot line. (3) On most lots the required yards shall be as defined in section 90-4. On lots of unusual shape the director shall determine the front, rear and side yard areas based upon the location of the entrance to the house, the address of the house, the floor plan of the house, the slope of the lot, and other similar considerations. The yards shall be indicated on a site plan and maintained on file along with the building permit.
(c) Building projections into yards.
(1) Cornices, eaves, belt courses, sills, canopies, chimneys, bay windows or other similar architectural features may extend or project into a required yard of the zone up to 30 inches. (2) Open, unenclosed porches, platforms or landing places not covered by a roof or canopy, which do not extend above the level of the first floor of the building, may extend or project into any required front, side or rear yard, or into a court, six feet. A 42-inch high openwork railing may be installed or constructed on any such porch, platform or landing space. (3)

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Open, unenclosed stairways or balconies, not covered by a roof or canopy, may extend or project into a required rear yard three feet, and such balconies or stairway may extend into a required front yard not more than the required exit dimension.
(4) The director may allow additions to an existing, legally constructed structure, sited in accordance with the laws and setbacks in effect at the time of the construction, within the currently required front, side, and/or rear setback. The building addition shall not exceed 50 percent of the floor area of the existing structure. For additions in the front yard, the building shall occupy no more than 25 percent of the lineal frontage of the existing building. The director shall deny any addition when it has been determined to be harmful to the health and safety of the resident or the area. In no case shall any addition be closer than 15 feet to the ultimate street right-of-way. The addition shall not exceed the coverage requirements of the zone.
(d) Height exceptions. Structures permitted above a specified height limit may be erected as follows:

Structure or walls for the housing of elevators, stairways, tanks, ventilating fans or similar structures, skylights, towers, steeples, flagpoles, chimneys, smokestacks, wireless masts, radio and television masts, water tanks, silos or similar structures, provided that no roof structure, as listed in this subsection, or any space above the height limit specifically prescribed for particular zones, shall be allowed or used for the purpose of providing usable floor space in excess of that reasonably required to maintain such structures and shall not be used for signage. (e) Accessory buildings.
(1) Accessory structures shall meet the required setbacks of the zone in which they are located.

Except that, accessory structures less than 120 square feet in area and less than eight feet in height which are not permanently affixed to the ground may be located as close as three feet to interior side or rear property lines. In no instance shall any accessory structure be placed closer to the front property line than the principal structure. (2) In all agricultural zones, accessory structures may be constructed in excess of 50 percent of the principal structure, may exceed the height of the principal structure, and need not be architecturally compatible with the principal structure subject to approval of an administrative adjustment permit by the community development director. The director shall determine that the accessory structure meets the following criteria:
a. Is otherwise consistent with the regulations of the zone in which it is located; b. Is not detrimental to the public health, safety and welfare particularly that of adjacent properties; and
c. Does not detract from the residential character of the surrounding neighborhood. (3)

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All accessory structures shall be screened to the maximum intent possible with landscaping, fencing, or combination thereof, so as to minimize visual impacts from adjacent rights-of-way and from adjoining properties.
(f) Walls, fencing, screening and landscaping. This section provides for the regulation of location and height of walls, fencing, screening and landscaping so as to allow the enjoyment of the use of property and the safety of persons using sidewalks and streets related to the property. (1) Fencing generally. Walls, fences, screening and hedge planting up to a maximum of six feet in height, measured from the higher of the two finished grades adjoining the wall or fence, may be permitted in any required yard, or along the edge of any yard. a. Walls, fences, screening or hedge plantings in any required front yard shall be a maximum of 42 inches in height when measured from the adjacent sidewalk or street, unless expressly permitted by other applicable sections of this chapter. b. A wall, fence or hedge up to six feet in height may be located parallel to the edge of the sidewalk on the street side yard adjacent to the lot, whether the sidewalk area is monolithic or has a planted parkway.
c. On corner lots the corner cutback area shall be free and clear of visual obstructions in excess of 42 inches in height. The corner cutback shall be defined by a line on a horizontal plane connecting two points along the front and street side property lines and forming a triangle. These points shall be measured 30 feet back from the intersection of the prolongation of the front and street side property lines.

On lots where the driveway is adjacent to the rear yard of a neighboring lot the corner cutback area shall be free and clear of visual obstructions in excess of 42 inches in height.

The cutback lines shall be determined by measuring from the projection of the coterminous front and rear property line ten feet along the inside edge of the sidewalk and ten feet back from the street connecting the two points forming a 45 degree triangle. (2) Swimming pool fencing. Swimming pools shall be entirely enclosed by buildings, fences or walls. The fence or wall shall be at least a minimum of five feet above grade level immediately adjacent thereto, and shall be equipped with self-latching gates or doors, with the latching device not less than four feet above the ground. Prior to filling the pool the required fencing or walls must be in place and approved by the city building department. (3) When a church, school or college, or public facilities are adjacent to an A or R zone, a solid sixfoot masonry wall shall be constructed on the adjoining A or R zone property line. A ten-foot landscaped area adjacent to the wall shall also be installed and maintained on the church side of the wall. The landscaping shall consist of plant material, including a minimum 15- gallon evergreen trees planted on 20-foot centers.
(g)

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Agricultural buffers. Landscape setbacks and fencing shall serve as buffers between residential developments and agricultural uses to reduce potential conflicts. Any new residential development proposed adjacent to an existing long-term agricultural operation and any new agricultural operation proposed adjacent to an existing residential subdivision shall provide a minimum 20-foot setback from property line, of which ten feet shall be landscaped. Fencing at the property line shall be provided pursuant to this section. The agricultural buffer shall be approved by the community development director. (Ord. No. 1552, § 2, 1-28-97; Ord. No. 1581, § 2, 2-24-98; Ord. No. 1675, 10-8-02; Ord. No. 1884, § 1(Exh. A1), 5-27-14; Ord. No.1957, § 2, 6-11-19)
Sec. 90-187. - Site development review requirements.

Principal buildings, structures, or uses, or a significant alteration or enlargement of an existing building, structure, or use may be subject to the requirements of article II, section 90-48 (site development review) of this chapter.
(Ord. No. 1884, § 1(Exh. A1), 5-27-14; Ord. No. 1903, § 2(Exh. 1), 8-11-15) Sec. 90-188. - Performance standards.

Agricultural operations shall comply with the regulations of section 90-1048 unless specified elsewhere in this article.
(Ord. No. 1884, § 1(Exh. A1), 5-27-14)
Sec. 90-189. - Appeals.

Appeal of a decision of the community development director or designee may be made to the planning commission pursuant to section 90-43(6).
(Ord. No. 1884, § 1(Exh. A1), 5-27-14)
Secs. 90-190-90-210. - Reserved.

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ARTICLE X. - SPECIAL HOUSING CLASSIFICATIONS
DIVISION 1. - BOARDING HOUSES AND GROUP HOMES
Footnotes:
--- (5) ---
Editor's note- Section 3, Exhibit A, of Ord. No. 1852, adopted June 12, 2012, added divs. 1 and 2, §§ 90-271-90-310.

Inasmuch as some of those section numbers already exist, to avoid duplication, said provisions have been redesignated to read as herein set out, and the original ordinance section designations have been included as part of the history note following each section.

Sec. 90-261. - Purpose.

This article X, as part of the city's overall zoning regulations and in the exercise of its police powers to protect the public health safety and welfare, seeks to preserve the quality and character of the community's single-family and multifamily neighborhoods by limiting, and where appropriate prohibiting, the operation of housing that is commercial or institutional in nature, such as boarding houses and other group homes, to zones within the city that are best suited to accommodate impacts and needs of those housing types. In adopting this article X, the city is mindful that the fair housing laws provide individuals with a disability the right to an equal opportunity to use and enjoy housing, and that the city may need to provide reasonable accommodation in the city's zoning ordinances and policies where necessary to afford disabled persons such equal opportunity. The city recognizes that group homes providing care and services to six or fewer disabled persons that are required to be and are licensed by the State of California must be allowed to operate in single-family zones as a matter of right and therefore, such uses are excepted from this article X as provided herein. The city recognizes that the fair housing laws do not prohibit the city from regulating the location of large group homes (those providing residency to seven or more disabled individuals whether required to be licensed or not) and small group homes (those providing residency to six or fewer disabled individuals that are not required to be licensed by the state) but that the city must make a reasonable accommodation upon request to the residents of such group homes where such request does not cause an undue financial or administrative burden on the city or result in a fundamental alteration in the nature of the city's zoning regulations. This article X establishes regulations to avoid clustering and overconcentration of such uses subject to the city's reasonable accommodation provisions. Finally, this article X serves to protect all residents from the negative impacts of multiple parolees housed in individual dwellings. (Ord. No. 1852, § 3(Exh. A, § 90-271), 6-12-12; Ord. No. 1855, § 2(Exh. A, § 1(§ 90-271 )), 9-11-12) Sec. 90-262. - Definitions.

For the purposes of this article X, the following definitions shall apply:

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Boarding house is defined as provided in section 90-4 of this Code.

Disabled or individual with a disability means an individual with a qualifying disability under federal and state fair housing laws. Generally, any person with any mental or physical impairment, disorder or condition, which substantially limits one or more major life activities, including physical, mental and social activities and working. Disabled or individual with a disability does not include impairments, disorders or conditions resulting from the current, illegal use of or addiction to a controlled substance, sexual behavior disorders, compulsive gambling, kleptomania, or pyromania.

Fair housing laws means the federal Fair Housing Act (42 U.S.C. § 3601 et seq.), the California Community Care Facilities Act (Health and Safety Code§ 1500 et seq.), the California Fair Housing and Employment Act (Government Code§ 12900 et seq.), and Civil Code§ 54, together with published judicial decisions interpreting those laws.

Group home means any boarding house that provides temporary, interim, or permanent housing to individuals where every person residing in the dwelling is an individual with a disability, and the individuals are not living as a single housekeeping unit.
(1) Large group home means a group home in which seven or more individuals reside, whether the group home is required to be and is licensed by the State of California, or is not required to be licensed by the State of California. Large group homes do not include small licensed residential care facilities.
(2) Small group home means a group home in which six or fewer individuals reside and which is not required to be licensed by the State of California. Small group homes do not include small licensed residential care facilities.
(3) Supportive housing is defined by California Government Code§ 65582 and means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible work in the community.

Intergenerational housing development means housing consisting of units for senior citizens, caregivers, or transition age youths, as defined in California Civil Code§ 51.3.5. An intergenerational housing development may be established if all of the following conditions are satisfied:
(1) At least 80 percent of the occupied dwelling units are occupied by at least one senior citizen. This requirement shall commence when at least 25 percent of the units are occupied. A dwelling unit is occupied by at least one senior citizen if, on the date the exemption for housing designed for intergenerational housing is claimed, one of the following conditions is satisfied:
(i) At least one occupant of the dwelling unit is a senior citizen. (ii) If the dwelling unit is temporarily vacant, at least one of the occupants immediately prior to the

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date on which the unit was temporarily vacated was a senior citizen. (2) Up to 20 percent of the occupied dwelling units are occupied by at least one caregiver or transition age youth. A dwelling unit is occupied by at least one caregiver or transition age youth if, on the date the exemption for housing designed for intergenerational housing is claimed, one of the following conditions is satisfied:
(i) At least one occupant of the dwelling unit is a caregiver or transition age youth. (ii) If the dwelling unit is temporarily vacant, at least one of the occupants immediately prior to the date on which the unit was temporarily vacant was a caregiver or transition age youth.

Low barrier navigation center means a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing, as defined in California Government Code§ 65660.

Multiple-family residential zones means those zones intended for multiple-family residential units as described in section 90-381 and similar sections in chapter 90.

Operator means any entity(ies) or person(s) who owns, manages, or operates a group home or boarding house.

Parolee-probationer means (i) any individual who has been convicted of a federal crime, sentenced to a United States prison, and received conditional or revocable release into the community under the supervision of a federal parole officer: (ii) any individual who has served a term of imprisonment in a state prison and who is serving a period of supervised community custody, as defined in Penal Code§ 3000, and is under the jurisdiction of the California Department of Corrections, Parole and Community Services

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Division; (iii) an adult or juvenile sentenced to a term in the California Youth Authority and who has received conditional and revocable release into the community under the supervision of a Youth Authority Parole Officer; (iv) any individual who has been convicted of a felony, sentenced to any correctional facility, including county correctional facilities, and is under the jurisdiction of any federal, state, or county parole or probation officer: or (v) any person released to postrelease community supervision under the "Postrelease Community Supervision Act of 2011" (Penal Code§ 3450 et seq.). For purposes of this paragraph "felony" means a felony as defined in any California or United States statute.

Parolee-probationer home means any boarding house, whether owned or operated by an individual or a for-profit or nonprofit entity, which houses two or more parolee-probationers unrelated by blood, marriage, or legal adoption, in exchange for monetary or nonmonetary consideration given and/or paid by the parolee-probationer and/or any public or private entity or person on behalf of the parolee-probationer.

Single-family residential zones means those zones intended for single-family residential units as described in section 90-311 and similar sections in chapter 90.

Single housekeeping unit means an interactive group of persons jointly residing in a single dwelling unit exercising joint responsibility for and use of the dwelling's common areas, jointly sharing household expenses, jointly sharing household activities and responsibilities such as meals, chores, and household maintenance. A boarding house shall not be considered a single housekeeping unit. If a dwelling is leased or rented under a single written or oral lease or rental agreement, the makeup of the group of persons occupying the unit must be determined by the residents of the dwelling, not the landlord or property manager, to be a single housekeeping unit.

Small licensed residential care facility means a group home in which six or fewer individuals with a disability or children reside that provides onsite care, treatment or other services to its residents and that is required to be and is licensed by the State of California. Small licensed residential care facilities are exempt from the provisions of this division and shall be treated for purposes of applying the requirements of chapter 90 as a residential use of property occupied by a single housekeeping unit. Small licensed residential care facilities include without limitation the following, provided the number of residents does not exceed six: Intermediate care facilities for the developmentally disabled (Health and Safety Code§ 1267.8(c)); congregate living health facilities (Health and Safety Code§§ 1267.8(c), 1267.16(a)); residential community care facilities, including foster family homes, small family homes, social rehabilitation facilities, community treatment facilities, alcohol and drug treatment facilities, and transitional shelter care facilities (Health and Safety Code§§ 1502, 1566.3); residential care facilities for persons with chronic life-threatening illnesses (Health and Safety Code§ 1568.0831 ); residential care facilities for the elderly (Health and Safety Code§ 1569.85); pediatric day health and respite care facilities (Health and Safety Code§ 1761.4).

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Transitional housing is defined by California Government Code§ 65582 and means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. Transitional housing is a type of supportive housing used to facilitate the movement of people experiencing homelessness into permanent housing. A person experiencing homelessness may live in a transitional apartment for a predetermined period oftime, however not less than six months while receiving supportive services that enable independent living.
(Ord. No. 1852, § 3(Exh. A,§ 90-272), 6-12-12; Ord. No. 1855, § 2(Exh. A,§ 2(§ 90-272)), 9-11-12; Ord. No. 1901 , § 1 (Exh. 1), § 3(Exh. 3), 4-14-15; Ord. No. 1696(2020-008), § 6, 5-12-20; Ord. No. 1972, § 2, 2-9-21) Sec. 90-263. - Applicability.

The provisions of this division shall apply to all boarding houses, parolee-probationer homes and group homes (except small licensed residential care facilities), and to all persons who own, manage, or operate them.
(Ord. No. 1852, § 3(Exh. A, § 90-273), 6-12-12; Ord. No. 1855, § 2(Exh. A, § 3(§ 90-273)), 9-11-12) Sec. 90-264. - Permitted locations.
(a) Boarding houses are prohibited in all single-family residential zones. Subject to a conditional use permit, boarding houses are permitted in R-2 and R-3 multiple-family residential zones and O-P commercial zone.
(b) Large group homes are prohibited in all single-family residential zones. Subject to an administrative use permit, large group homes of ten or fewer residents are permitted in the multiple-family residential zones. Subject to a conditional use permit, large group homes of ten or fewer residents are permitted in the O-P commercial zone. Subject to a conditional use permit, large group homes of 11 or more residents are permitted in the multiple-family residential zones and in the O-P commercial zone.
(c) Small group homes are permitted in single-family residential zones and R-2 and R-3 multiplefamily residential zones, subject to the issuance of a small group home permit as provided in this division. Small group homes are permitted in the O-P commercial zone, subject to the issuance of a conditional use permit.
(d) Small licensed residential care facilities are permitted in all single-family residential zones, R-2 and R-3 multiple-family residential zones. Small licensed residential care facilities are prohibited in the O-P commercial zone.
(e)

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Parolee-probationer homes are prohibited in or adjacent to all single-family residential zones and in all multiple-family residential zones. Subject to a conditional use permit, parolee-probationer homes are permitted in the O-P commercial zone.
(Ord. No. 1852, § 3(Exh. A,§ 90-274), 6-12-12; Ord. No. 1855, § 2(Exh. A,§ 4(§ 90-274)), 9-11-12; Ord. No. 1929 , § 3(Exh. A-3), 6-13-17)
Sec. 90-265. - Reasonable accommodation.

Any individual with a disability, or their representative, or a developer or provider of housing for individuals with a disability may seek a reasonable accommodation from the provisions of chapter 90 under division 2 of this article.
(Ord. No. 1852, § 3(Exh. A,§ 90-275), 6-12-12)
Sec. 90-266. - Application for a small group home permit. (a) Any person or entity seeking to establish a small group home in a single-family residential or multiple-family residential (R-2 or R-3) zone shall first apply to the director for a small group home permit. The application for a small group home permit shall include the following information:
(1) Client profile (the subgroup of the population the facility is intended to serve such as single men, families, elderly, minor children, developmentally disabled, etc.); (2) The maximum number of occupants and the facility's hours of operation; (3) The term of client stay;
(4) The support services to be provided on-site and projected staffing levels; (5) The ownership, permit and license history of the applicant, owner, and operator, if applicable, in previously owning or operating such a dwelling, including the name and addresses of similar homes in the State of California owned or operated within the past five years; (6) A certification under penalty of perjury that none of the identified homes have been found by state or local authorities to be operating in violation of state or local law; and (7) An operations and management plan, as provided in the Uniform Building Code, and house rules (as defined in section 90-270) of this Code.
(8) Information demonstrating that the premises are in compliance with, or will prior to occupancy be brought into compliance with, the standards set forth in section 90-270 of this division.
(9) The applicant must secure the inspection and report of the fire marshal and building official showing that the premises to be used are suitable under applicable uniform building and related codes to safely house the number of persons identified for residency in the dwelling.

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The building official shall determine the applicable use and occupancy classification for the premises for the purposes of the application of the uniform building and related codes. (10) The names of all persons and entities with an ownership or leasehold interest in the use or home, or who will be an operator of the use or home, shall be disclosed in writing to the city, and such persons and entities shall not have a demonstrated pattern or practice of operating similar uses or homes in or out of the city in violation of state or local law. (11) The use or home shall provide certification, if available, from a governmental agency or qualified nonprofit organization and such certification is a generally accepted practice or standard among the owners, operators, profession, or industry related to the use or home. (b) The director shall grant the permit within 30 days after determining that the application for a small group home permit is complete. The director shall not deny an application for a small group home permit unless the director determines that the application is incomplete or, after reasonable investigation, the director determines that the applicant has provided information that is materially false, misleading or inaccurate or has made material misstatements on the application.
(Ord. No. 1852, § 3(Exh. A,§ 90-276), 6-12-12)
Sec. 90-267. - Application for an administrative use permit.

An application for an administrative use permit shall be filed and processed with the city as provided in section 90-43 et seq., of this chapter. The following additional requirements shall apply to an administrative use permit under this division:
(a) In addition to the application requirements in section 90-43 et seq., the application shall also include the application requirements noted in section 90-266(a)(1) through (11). (b) The director shall grant or deny the permit within 90 days after determining the application for an administrative use permit is complete.
(Ord. No. 1852, § 3(Exh. A, § 90-277), 6-12-12)
Sec. 90-268. - Application for a conditional use permit.

An application for a conditional use permit shall be filed and processed with the city as provided in section 90-42 et seq., of this chapter. The following additional requirements shall apply to a conditional use permit under this division:
(a) In addition to the application requirements in section 90-42 et seq., the application shall also include the application requirements noted in section 90-266(a)(1) through (11). (b)

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In the case of boarding houses and parolee-probationer homes, the director shall ascertain whether or not all persons who will have an ownership or leasehold interest in, or will be an operator of, a boarding house or parolee-probationer home have been convicted of a felony or any crime involving moral turpitude. The city shall cause fingerprints to be taken of the applicant, owner, and operator of such dwelling or facility. (Ord. No. 1852, § 3(Exh. A, § 90-278), 6-12-12; Ord. No. 1855, § 2(Exh. A, § 5(§ 90-278)), 9-11-12) Sec. 90-269. - Findings for conditional use permits and administrative use permits.

In addition to the findings applicable to conditional use permits under section 90-42 et seq., and to administrative use permits under section 90-43 et seq., the decision making body shall make the following supplemental findings before approving or conditionally approving a conditional use permit or administrative use permit granted under this division:
(a) The boarding house, group home or parolee-probationer home includes sufficient on-site parking and traffic and transportation impacts have been mitigated to a level of insignificance.
(b) The boarding house, group home or parolee-probationer home conforms to all applicable development standards.
(c) The property upon and structure(s) within which a boarding house, group home or paroleeprobationer home will be located is physically suited to accommodate the use. (d) The boarding house, group home or parolee-probationer home will be compatible with the character of the surrounding neighborhood, and the addition or continued maintenance of the use will not contribute to changing the residential character of the neighborhood, such as creating an overconcentration of boarding houses, group homes or parolee-probationer homes in the vicinity of the proposed use. In making this finding or sustaining this finding, the decision making body shall consider as appropriate the following factors:
(1) The proximity of the boarding house, group home or parolee-probationer home to schools, parks, other similar and related uses, including small licensed residential care facilities, places where alcoholic beverages are sold or distributed to the public and any other uses which could be affected by, or affect the operation of, the use or the health, safety and welfare of the residents.
(2) The existence of substandard physical characteristics of the area in which the boarding house, group home or parolee-probationer home is to be located such as lot widths, setbacks, narrow streets, limited available parking, nonconforming housing types, physical or economic conditions of blight, and other substandard characteristics which are pervasive in certain areas of the city.
(3)

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Whether, in light of the factors applied in subsections (d)(1) and (d)(2) of this section, it would be appropriate to apply the American Planning Association standard of permitting one boarding house, group home or parolee-probationer home per block. For purposes of this paragraph, "block" means an area of land that is bounded on all sides by streets or by streets and a cul-de-sac or by any other form of termination of the street (i.e., dead-end not a cul-de-sac). In applying this factor, the decision making body shall take into consideration circumstances where, because of unusually long block or short block, application of the separation standard in section 90-270(i) would result in less than one use per block or more than two uses per block.
(e) For boarding houses, group homes or parolee-probationer homes in or adjacent to residential zones:
(1) The operation of buses, vans, and other similar passenger carrying vehicles, to transport residents to and from off-site activities does not generate vehicular traffic substantially greater than that normally generated by residential activities in the surrounding areas. (2) Arrangement for the delivery of goods are made within the hours that are compatible with and will not adversely affect the peace and quiet of neighboring properties. (3) Arrangement for commercial trash collection in excess of usual residential collection are made within hours that are compatible with and will not adversely affect the peace and quiet of neighboring properties.
(f) That none of the homes identified by the applicant in its application have been found by state or local authorities to be operating in substantial or persistent violation of state or local law. (g) That none of the persons who will have an ownership or leasehold interest in, or will be operators of, a boarding house or parolee-probationer home, have been convicted of a felony or any crime involving moral turpitude.
(Ord. No. 1852, § 3(Exh. A,§ 90-279), 6-12-12; Ord. No. 1855, § 2(Exh. A,§ 6(§ 90-279)), 9-11-12) Sec. 90-270. - Standards.

The following standards shall apply to boarding houses, group homes, and parolee-probationer homes requiring an administrative or conditional use permit or a small group home permit. Violation of any of these standards shall constitute grounds for revoking the permit:
(a) The property shall be used, maintained, occupied, and/or operated in conformity with a operation and management plan approved by the director and filed with the city. The plan shall ensure compliance with applicable state and local laws, ordinances, and regulations. (b) The property shall be used, maintained, occupied and/or operated in such a manner as to not permit public nuisances under article II of chapter 30 of this Code, public offenses under articles I, Ill and IV of chapter 46 of this Code, illegal parking under article IV of chapter 78 of this Code, and violations of state and federal laws regarding disturbance of the peace, illegal

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0 drug activity, public drunkenness, public consumption of alcohol, harassment of passers-by, gambling, solicitation, public urination, theft, assault, battery, vandalism, littering, loitering, solicitation, and lewd conduct.
(c) The use shall not have any substantial adverse impacts on adjoining properties or land uses and shall be compatible with the character of the surrounding neighborhood. (d) The property shall comply with all setback, landscaping and other development standards of the underlying zone.
(e) Both indoor and outdoor common areas shall be provided on site. (f) No care, treatment or other services shall be provided on the property that would require licensure by the State of California. Large group homes holding a current and valid license from the State of California are exempt from this standard. (g) There shall be no more than two residents per bedroom (except that three minor children may share a single bedroom), unless the decision-making body approved a higher occupancy limit in issuing the permit. The decision-making body shall not approve a higher occupancy limit unless it finds, based on substantial evidence in the record, that such limit is appropriate given the characteristics of the dwelling, the availability of parking, and the measures taken to adequately protect the public health, safety, peace, comfort, and welfare (including, but not limited to, the reasonable sanitary needs of residents). (h) The use or home shall maintain certification, if available, from a governmental agency or qualified nonprofit organization and such certification is a generally accepted practice or standard among the owners, operators, profession, or industry related to the use or home. (i) Group homes shall not be located within 300 feet, measured from the property lines, of any other group home, small licensed residential care facility, or parolee-probationer home. All other types of boarding houses, including, but not limited to, parolee-probationer homes, shall not be located within 1,000 feet, measured from the property lines, of any other boarding house, group home, small licensed residential care facility, or parolee-probationer home. Parolee-probationer homes shall not be located within 1,000 feet, measured from the property lines, of any child day care center, public or private elementary or secondary school, park, public library, public swimming pool, a commercial establishment with an on-site children's playground, or any place where classes or group activities for children are regularly held.
(j) All group homes shall (1) maintain and enforce house rules that, at a minimum, shall provide for the protection of occupant safety and require occupants to register weekly schedules with the onsite house manager; and (2) provide for an onsite house manager who shall be responsible for, at a minimum, enforcement of the house rules and supervision of occupant schedules.

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Sec. 90-271. - Nonconforming uses.
(a) Group homes.
(1) Any small group home, other than a parolee-probationer home, operating in a single-family residential zone as of the date of the adoption of Hemet Ordinance 1798 (May 27, 2008) may remain in operation provided that a valid use permit, or such other valid permit as was required at the time, was obtained and such facility was in compliance with the applicable standards set forth in chapter 14, buildings and building regulations, and chapter 90, zoning, of this Code, at the time the permit was obtained.
(2) Any small group home or large group home, other than a parolee-probationer home, operating in the R-2 or R-3 multiple-family residential zones or in the O-P commercial zone as of the date of the adoption of Ordinance 1798 (May 27, 2008) may remain in operation provided that a valid use permit, or such other valid permit as was required at the time, was obtained and such facility was in compliance with the applicable standards set forth in chapter 14, buildings and building regulations, and chapter 90, zoning, of this Code, at the time the permit was obtained.
(b) Boarding houses. Any boarding house, other than a parolee-probationer home, operating in the R-2 or R-3 multiple-family residential zones or the O-P commercial zone as of the date of adoption of Ordinance 1798 (May 27, 2008) may remain in operation provided that a valid use permit, or such other valid permit as was required at the time, was obtained and such facility was in compliance with the applicable standards set forth in chapter 14, buildings and building regulations, and chapter 90, zoning, of this Code, at the time the permit was obtained. (Ord. No. 1852, § 3(Exh. A,§ 90-281), 6-12-12; Ord. No. 1855, § 2(Exh. A,§ 8(§ 90-281 )), 9-11-12; Ord. No. 1929 , § 3(Exh. A-3), 6-13-17)
Sec. 90-272. - Compliance.

The director may suspend or revoke a permit upon a determination that the boarding house, group home, or parolee-probationer home that is the subject of the permit violated any provisions of this division or any condition of the permit. Prior to such suspension or revocation, the granting authority shall set and conduct a hearing wherein the permit holder shall have the opportunity to be heard and present evidence in his/her defense. After such hearing the granting authority shall notify the permit holder in writing as to the outcome of the hearing. In the event that the permit is suspended or revoked, the permit holder may appeal to the city council but must do so within ten days of the date of the notification. The city council shall hear the appeal within ten days after the date of receipt of the notice of appeal.

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(Ord. No. 1852, § 3(Exh. A,§ 90-282), 6-12-12; Ord. No. 1855, § 2(Exh. A,§ 9(§ 90-282)), 9-11-12) Sec. 90-273. - Authority to inspect.

Any city official or authorized representative charged with enforcement responsibilities under this Municipal Code, state law or other government authority may enter and inspect the premises or perform any duty imposed by the municipal code or by state law, provided the owner, managers, operators, or lawful occupant(s) has consented to the inspection. The refusal by an owner, manager, operator, or occupant to permit such entry and inspection may be considered in any proceeding to suspend or revoke the permit. (Ord. No. 1852, § 3(Exh. A,§ 90-283), 6-12-12)
Secs. 90-274-90-280. - Reserved.

DIVISION 2. - REASONABLE ACCOMMODATION
Footnotes:
--- (6) ---
Editor's note- Section 3, Exhibit A, of Ord. No. 1852, adopted June 12, 2012, added divs. 1 and 2, §§ 90-271-90-310.

Inasmuch as some of those section numbers already exist, to avoid duplication, said provisions have been redesignated to read as herein set out, and the original ordinance section designations have been included as part of the history note following each section.

Sec. 90-281. - Purpose.

In accordance with the fair housing laws, it is the purpose of this division to provide reasonable accommodations in the city's zoning and land use regulations (chapter 90 of this Code), of the city's policies, and practices implementing those regulations when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling.
(Ord. No. 1852, § 3(Exh. A,§ 90-291), 6-12-12)
Sec. 90-282. - Definitions.

The definitions provided in division 1 of this article (section 90-272) shall also apply within this division.

For the purposes of this division, the following definitions shall also apply:

Major reasonable accommodation means a request to allow a use in a zone where it is otherwise not permitted or a request for a modification or exception to the substantive land use, zoning and development standards and regulations.

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Minor reasonable accommodation means a modification or exception to the procedural requirements contained in this chapter, including, but not limited to, fee adjustments or deferrals, modification of application filing requirements, and modification of appeal filing requirements. (Ord. No. 1852, § 3(Exh. A,§ 90-292), 6-12-12)
Sec. 90-283. - Review authority.

The planning commission is designated to approve, conditionally approve, or deny all applications for a major reasonable accommodation, except that the director is hereby vested with authority to review and approve major reasonable accommodation applications that solely request a modification of development standards for uses requiring a small group home permit or an administrative use permit. The director, or his or her designee, is designated to approve, conditionally approve, or deny all applications for a minor reasonable accommodation, provided that the director may decide to allow the planning commission to determine whether to approve, conditionally approve, or deny an application for a minor reasonable accommodation if the director finds that the minor reasonable accommodation involves significant controversy or extraordinary circumstances.
(Ord. No. 1852, § 3(Exh. A,§ 90-293), 6-12-12)
Sec. 90-284. - Application for reasonable accommodation. (a) Applicant. A request for reasonable accommodation may be made by any individual with a disability, their representative, or a developer or provider of housing for individuals with a disability. A reasonable accommodation may be approved only for the benefit of one or more individuals with a disability.
(b) Application. An application for a reasonable accommodation shall be made on a form provided by the community development department. No fee shall be required for an application for reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for all other discretionary permits. (c) Other discretionary permits. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, then the applicant may file the request for reasonable accommodation together with the application for the other discretionary permit or approval, and may elect to have the reasonable accommodation request processed and decided simultaneously with the application for the other discretionary permit. In such cases, the procedures applicable to the other discretionary permit shall govern the processing of the reasonable accommodation request. A minor reasonable accommodation request seeking a modification or exception to procedural requirements shall not be processed simultaneously with any other discretionary permit.
(d)

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Required submittals. In addition to materials required under other applicable provisions of this Code, an application for reasonable accommodation shall include the following:
(1) Documentation that the applicant is:
a. An individual with a disability;
b. Applying on behalf of one or more individuals with a disability; or c. A developer or provider of housing for one or more individuals with a disability; (2) The specific exception or modification to the zoning code provision, policy, or practices requested by the applicant;
(3) Documentation that the specific exception or modification requested by the applicant is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence;
(4) Any other information that the Director reasonably concludes is necessary to determine whether the findings required by section 90-295(c) can be made, so long as any request for information regarding the disabled person benefited complies with fair housing law protections and the privacy rights of the individuals affected. (e) Additional information. If necessary to reach a decision on a request for a reasonable accommodation, the decision-making body may request further information from the applicant.

The deadline for the decision-making body to render a decision on the application for a reasonable accommodation shall be extended by the number of days it takes the applicant to fully respond to the request for additional information. (Ord. No. 1852, § 3(Exh. A,§ 90-294), 6-12-12)
Sec. 90-285. - Decision.
(a) Minor reasonable accommodations. The director shall mail his or her written determination to approve, conditionally approve, or deny a request for a minor reasonable accommodation to the applicant within 30 days of the receipt of a complete application for a minor reasonable accommodation. The mailed notice of decision shall inform the applicant that the decision of the director may be appealed to the planning commission within 14 days of the mailing of the notice. (b) Major reasonable accommodations.
(1) A major reasonable accommodation request that is filed concurrently with another application for a discretionary permit shall be heard with, and subject to, the notice, review, approval, and appeal procedures prescribed for the other discretionary permit filed concurrently with the reasonable accommodation request. (2) If a major reasonable accommodation request is not filed concurrently with an application for another discretionary permit, then the notice, review, approval, and appeal procedures for an administrative use permit shall be followed if the proposed use is a small group home or

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large group home with up to ten residents. If the proposed use is a large group home with 11 or more residents then the notice, review, approval and appeal procedures for a conditional use permit shall be followed. The findings in section 90-269 and section 90-285(c) shall be made for a reasonable accommodation to be granted.
(3) Notwithstanding the foregoing, the standard of review on appeal of a decision on a major reasonable accommodation shall not be de nova and the appellate body shall determine whether the findings made by the decision-making body are supported by substantial evidence presented during the hearing. The appellate body may sustain, reverse or modify the decision or remand the matter for further consideration, which remand shall include specific issues to be considered or a direction for a de novo hearing. (c) Findings. The written decision to approve, conditionally approve, or deny a request for a reasonable accommodation shall be based on the following findings, all of which are required for approval:
(1) The requested accommodation is requested by or on the behalf of one or more individuals with a disability protected under the fair housing laws. (2) The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling. (3) The requested accommodation will not impose an undue financial or administrative burden on the city as undue financial or administrative burden is defined in fair housing laws. (4) The requested accommodation will not result in a fundamental alteration in the nature of the city's zoning program, as fundamental alteration is defined in fair housing laws. (5) The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.
(d) [Approving alternate accommodations.] In making findings the [sic] in subdivision (b), the decision maker may approve alternative reasonable accommodations which provide an equivalent level of benefit to the applicant.
(e) [Determination of provision of accommodations.]The city may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling:
(1) Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability;
(2) Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation; (3)

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In the case of a group home, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants;
(4) In the case of a group home, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting.
(f) [Determination of alteration to accommodation.]The city may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the city's zoning program:
(1) Whether the requested accommodation would fundamentally alter the character of the neighborhood;
(2) Whether the accommodation would result in a substantial increase in traffic or insufficient parking;
(3) Whether granting the requested accommodation would substantially undermine any express purpose of either the city's general plan or an applicable specific plan; (4) In the case of a group home, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.
(g) Rules while decision is pending. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.
(h) Effective date. No reasonable accommodation shall become effective until the decision to grant such accommodation shall have become final by reason of the expiration ohime to make an appeal. In the event an appeal is filed, the reasonable accommodation shall not become effective unless and until a decision is made on such appeal and becomes final. (Ord. No. 1852, § 3(Exh. A,§ 90-295), 6-12-12)
Sec. 90-286. - Expiration, time extension, violation, discontinuance and revocation. (a) Expiration. Any reasonable accommodation approved in accordance with the terms of this division shall expire within 24 months from the effective date of approval or at an alternative time specified as a condition of approval unless:
(1) A building permit has been issued and construction has commenced; (2) A certificate of occupancy has been issued;
(3) The use is established; or
(4) A time extension has been granted.

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(b) Time extension. The director may approve a time extension for a reasonable accommodation for good cause for a period or periods not to exceed one year. An application for a time extension shall be made in writing to the director no less than 30 days or more than 90 days prior to the expiration date.
(1) Notice. Notice of the director's decision on a time extension shall be provided as specified in this chapter. All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process.
(2) Appeal of determination. A time extension for a reasonable accommodation shall be final unless appealed within 14 calendar days of the date of mailing of the determination. An appeal shall be made in writing and shall be noticed and heard pursuant to the procedures established in this chapter.
(e) Violation of terms. Any reasonable accommodation approved in accordance with the terms of this Code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith. (f) Discontinuance. A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for 180 consecutive days. If the persons initially occupying a residence vacate, the reasonable accommodation shall remain in effect only if the director determines that: (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the Code, and (2) the accommodation is necessary to give another individual with a disability an equal opportunity to enjoy the dwelling. The director may request the applicant or his or her successor in interest to the property to provide documentation that subsequent occupants are individuals with a disability. Failure to provide such documentation within ten days of the date of a request by the city shall constitute grounds for discontinuance by the city of a previously approved reasonable accommodation. (g) Revocation. Procedures for revocation shall be as prescribed by section 90-43 et seq., of this chapter.
(Ord. No. 1852, § 3(Exh. A,§ 90-296), 6-12-12)
Sec. 90-287. - Amendments.

A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application. The director may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval.
(Ord. No. 1852, § 3(Exh. A, § 90-297), 6-12-12)

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Secs. 90-288-90-290. - Reserved.

DIVISION 3. - RESERVED
Footnotes:
--- (7) ---
Editor's note- Ord. No. 1935, § 2, adopted August 8, 2017, repealed division 3, §§ 90-291-90-299, which pertained to sex offender registry restrictions and derived from Ord. No. 1846, § 1(Exh. A(90-311-90-319)), adopted February 28, 2012.

Secs. 90-291-90-300. - Reserved.

DIVISION 4. - EMERGENCY SHELTERS
Sec. 90-301. - Purpose.

To establish supplemental development standards for emergency shelters that:
(a) Ensure that adequate sites to accommodate emergency shelters are available. (b) Provide regulations for the development, maintenance, and operation of emergency shelters. (c) Meet the requirements of Government Code§ 65583(a)(4). (d) Contribute to the provision of a variety of housing types in compliance with state law and the general plan housing element.
(Ord. No. 1867, § 1(Exh. A1), 8-13-13)
Sec. 90-302. - Emergency shelter defined.

Emergency shelter shall have the meaning ascribed to it in Government Code§ 65582(d) and Health and Safety Code§ 50801(e), as such sections may be amended from time to time, and which presently define the term "emergency shelter" to mean housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.
(Ord. No. 1867, § 1(Exh. A1), 8-13-13)
Sec. 90-303. - Applicability.

To accommodate the city's emergency shelter needs:
(a)

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Emergency shelters shall be permitted in the commercial-manufacturing (CM) zone subject to issuance of a conditional use permit pursuant to section 90-42 and the development and management standards in section 90-304.
(b) As of the effective date of the ordinance from which this division derives, the emergency shelter existing in the C-1 zone at 200 E. Menlo Avenue, known as Valley Restart and operated by Valley Restart Shelter, Inc., accommodates the city's need for emergency shelter pursuant to Government Code§ 65583(a)(4)(C) and 65583(a)(7). This emergency shelter is permitted by right and is not required to comply with the development standards of this division unless:
(i) The use or building is significantly altered or expanded, as determined by the community development director;
(ii) The use is terminated for a continuous 6 month period; or (iii) The use regularly exceeds its capacity of five single men, five single women, and nine family rooms to house a parent and dependent children.

If any of the foregoing events occur, the existing emergency shelter may continue or recommence the use of the same property as an emergency shelter by right, but shall be subject to the development and management standards in section 90-304. (c) Emergency shelters shall be subject only to the development and management standards of the underlying zone and the provisions of this article. In the event of an inconsistency, the standards of this article shall prevail.
(d) Emergency shelters established within the boundaries of the Hemet-Ryan Airport land use compatibility zones may be subject to review by the Riverside County Airport Land Use Commission in accordance with the adopted airport land use plan. (e)
(Ord. No. 1867, § 1(Exh. A1), 8-13-13)
Sec. 90-304. - Development and management standards.

In accordance with the authority granted in Government Code§ 65583(a)(4)(C), all emergency shelters shall comply with the following development and management standards:
(a) On-site management. The emergency shelter provider shall prepare and file a management plan with the community development department that includes clear operational rules and standards, including, but not limited to, staff training, security, screening of clients, mechanisms to address loitering, management of outdoor areas, and opportunities for training, counseling, and treatment programs for residents. (b) Maximum number of beds. The Emergency shelter shall limit the number of beds available nightly to 35, unless a greater number of beds is allowed as a condition of approval to the use's conditional use permit. Page 114 of 207

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(c) Parking. The emergency shelter shall haveaccommodate sufficient parking for staff given that it does not lessrequire more parking for emergency shelters than one space for every four beds available inother residential or commercial uses within the emergency shelter, plus one space for each staff personsame zone.
(d) Client intake area. The client intake area shall be not less than 500 square feet in total floor area.
(e) Outdoor activity. For purposes of noise abatement and neighborhood compatibility, outdoor activities on site are limited to the hours of 9:00 a.m. to 9:00 p.m. (f) Length of stay. An emergency shelter client may not stay at the facility for more than 180 consecutive days.
(g) Location.
(i.) The shelter shall be located at least 1,000 feet, as measured from property line to property line, from another emergency shelter.
(ii.) The emergency shelter must be located within one-half mile of a bus stop or transit station.
(h) Lighting. Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity that is compatible with the neighborhood.
(i) Security. Parking and outdoor facilities shall be designed to provide security for residents, visitors, and employees. On-site supervisorial personnel shall be provided at a minimum ratio of one staff person for every 15 beds during operational hours.

U) Refuse collection. Refuse collection areas shall conform to the requirements for multiplefamily housing in section 90-457. (k) Signage. Signage identifying the name and address of the facility is required pursuant to sign standards for institutional uses in section 90-1255.
(I) Business license. A city business license is required to operate an emergency shelter pursuant to chapter 18 of the Hemet Municipal Code.
(m) Bathroom and laundry facilities. The emergency shelter shall provide sufficient bathroom and laundry facilities pursuant to chapter 14 of the Hemet Municipal Code. (n) Accessibility. The shelter must meet Americans with Disabilities Act (ADA) accessibility and adaptability requirements.
(o) Shelter health and habitability. Per Section 1, Article 2.3 (Section 17974) of Chapter 5 of Part

1.5 of Division 13 of the Health and Safety Code, this section supersedes the City’s nuisance abatement procedures. If the city receives a complaint from an occupant of a homeless shelter, as defined, or an agent of an occupant, alleging that a homeless shelter is substandard, the city shall inspect the homeless shelter. If a homeless shelter is substandard, the city shall issue a Page 115 of 207

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notice to correct the violation to the owner or operator of the homeless shelter within 10 business days of the inspection or issue the notice to correct the violation immediately if the violation constitutes an imminent threat to the health and safety of the occupants of the homeless shelter.
(i.) In the case that the city determines that the violations are dangerous, hazardous, imminently detrimental to life or health, or otherwise render the homeless shelter unfit for human habitation, the city shall issue an emergency order directing the owner or operator to take immediate action to rectify violations.
(ii.) It is required that the owner or operator of a homeless shelter shall correct each violation within 30 days of receipt of the citation, subject to a 30-day extension. (iii.) The city shall require a city or county to provide free, certified copies of any inspection report or citation issued pursuant to these provisions to a complaining occupant or their agent.
(iiii.)The city shall impose additional civil penalties on the owner or operator that fails to correct a violation within the required time period.

See Section 1, Article 2.3 (Section 17974) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for additional information.
(Ord. No. 1867, § 1(Exh. A1), 8-13-13)
Sec. 90-305. - Findings for denial.

The city shall not disapprove an emergency shelter, or condition approval in a manner that renders the project infeasible for development for an emergency shelter, including through the use of design review standards, unless the city makes one or more of the following findings in writing, based upon substantial

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evidence in the record, as required by Government Code§ 65589.S(d):
(a) The city has adopted a housing element pursuant to this article 10.6 of title 7, division 1, chapter 3 of the Government Code and:
(1) The housing element has been revised in accordance with Government Code§ 65588; (2) The housing element is in substantial compliance with Article 10.6 of Title 7, Division 1, Chapter 3 of the Government Code; and
(3) The city has met or exceeded the need for emergency shelter, as identified pursuant to Government Code§ 65583(a)(7).

Any disapproval or conditional approval shall not be based on any of the reasons prohibited by Government Code§ 65008. Any disapproval or conditional approval pursuant to this section shall be in accordance with applicable law, rule, or standards. (b) The emergency shelter as proposed would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development of the emergency shelter financially infeasible. As used in this subsection, the term "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety. (c) The denial of the project or imposition of conditions is required in order to comply with specific state or federal law, and there is no feasible method to comply without rendering the development of the emergency shelter financially infeasible. (d) The emergency shelter is proposed on land zoned for agriculture or resource preservation that is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water or wastewater facilities to serve the project.
(e) The emergency shelter is inconsistent with both the city's zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete, and the city has adopted a revised housing element in accordance with Government Code§ 65588 that is in substantial compliance with article 10.6 of title 7, division 1, chapter 3 of the Government Code. (Ord. No. 1867, § 1(Exh. A1), 8-13-13)
Secs. 90-306-90-310. - Reserved.

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ARTICLE XI. - SINGLE-FAMILY RESIDENTIAL ZONES
Footnotes:
--- (8) ---
Editor's not Ord. No. 1552, § 2, adopted Jan. 28, 1997, reorganized the residential zones by deleting§§ 90-311-90- 321 and adding new§§ 90-311-90-315. Formerly, such sections pertained to similar provisions and derived from Ord. No. 1216, §§ 21400-22410 of the 1984 Code; Ord. No. 1240; Ord. No. 1520, § 1, 5-23-95; Ord. No. 1335; Ord. No. 1246; Ord.

No. 1286; Ord. No. 1335.

Sec. 90-311. - Purposes.

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

In the R-R, R-1-5, R-1-6, R-1-7.2, R-1-10, R-1-20, R-1-40 zones, permitted and conditionally permitted uses shall be as listed within the "land use matrix." Whenever a business is conducted, even if it is a home occupation, a city business license is required pursuant to chaP-ter 18. All other uses not specifically listed in

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the matrix shall be interpreted as not permitted unless a similar use determination is made by the community development director pursuant to section 90-3. Uses located within the Hemet-Ryan Airport Influence Area are subject to the requirements of the Riverside County Airport Land Use Plan.

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

LAND USE ZONE
R-R R-1

REQUIREMENTS
A. Agriculture and Natural Resources

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

2. Community garden p p

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

1. Planned unit development p p rticle XVIII

2. Mobile home parks C C rticle XX

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

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

5. Travel trailer or recreational vehicle parks C C rticle XXIII C. Residential-Other

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

2. Animal keeping p p Sec. 90-77

3. Home occupations p p Sec. 90-72

4. Agricultural Employee Housing (Small, fewer
than 6 persons)
P X

5. Agricultural Employee Housing (Large, more
than 6 persons)
X X
D. Care Uses

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

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

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3. Group homes and small licensed care
acilities
rticle X
a. Small licensed care facility p p
b. Large group home X X
c. Small group home SGHP 5GHP
d. Supportive housing p p
E. Education, Public Assembly, and Recreation Uses

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

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

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

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

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

2. Wireless telecommunication facility rticle XLVI
a. Antennae p p
b. Minor C C
c. Major X X
(Ord. No. 1566, § 2(B), 8-26-97; Ord. No. 1581, § 2, 2-24-98; Ord. No. 1591, § 1(2), 9-29-98; Ord. No. 1653, § 1, 10-9-01; Ord. No. 1684, § § 1-5, 5-27-03; Ord. No. 1798, § 2(b)(Exh. B), 5-27-08; Ord. No. 1852, § 4(Exh. B), 6- 12-12; Ord. No. 1855, § 3(Exh. B, § 1), 9-11-12; Ord. No. 1901 , § 2(Exh. 2), 4-14-15; Ord. No. 1919 , § 1(Exh. 1), 9-27-16; Ord. No. 1926, § 1(Exh. A), 4-25-17; Ord. No. 1946, § 1, 7-24-18; Ord. No. 1949, § 6(Exh. A, 6), 9-25- 18; Ord. No. 1965(2020-004), § 3, 2-25-20; Ord. No. 1969(2020-008), § 2, 5-12-20; Ord. No. 1972, § 2, 2-9-21) Sec. 90-313. - Zones established.

The single family residential zones are established in accordance with the standards of this article and as shown on the official zoning map pursuant to section 90-6. (1) R-R rural residential zone: To provide for the development of large residential lots or parcels that may combine the attributes of rural and urban living, to allow for commercial crop production in appropriate areas, and to preclude premature or untimely land development at urban densities in areas inappropriate or ill-suited for such development. (2) R-1 single-family zone: To provide for the development of single-family homes at a variety of

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lot sizes:
a. R-1-5: minimum lot size 5,000 square feet.
b. R-1-6: minimum lot size 6,000 square feet.

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c. R-1-7.2: minimum lot size 7,200 square feet.
d. R-1-10: minimum lot size 10,000 square feet.
e. R-1-20: minimum lot size 20,000 square feet.
f. R-1-40: minimum lot size 40,000 square feet.
(Ord. No. 1919, § 1(Exh. 1), 9-27-16; Ord. No. 1926, § 1(Exh. A), 4-25-17; Ord. No. 1946, § 2, 7-24-18) Sec. 90-314. - General requirements.
(a) New development projects in the single family residential zones are subject to pre-application review as provided in section 90-49 and site development review as provided in section 90-48 of this chapter. Development of the site and structures shall be consistent with all applicable design guidelines.
(b) Prior to the construction of any building or structure a building permit shall be required in accordance with the latest city-adopted uniform building code. The following are minimum requirements, unless otherwise noted, and shall apply to all land, buildings, and structures in their respective zones. All area dimensions are in square feet, unless otherwise noted. All linear dimensions are in feet, unless otherwise noted.
(c) Development projects established within the boundaries of the Hemet-Ryan Airport Influence Area shall be in accordance with state airport land use law. (d) Subdivisions located in the R-1-5 and the R-1-6 zones with a lot size average of less than 7,200 square feet are subject to the compensating open space/park guidelines for small lot projects referenced in the city's single-family residential design guidelines. (e) The following are minimum requirements, unless otherwise noted, and shall apply to all land, buildings, and structures in their respective zones. All area dimensions are in square feet, unless otherwise noted. All linear dimensions are in feet, unless otherwise noted.

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

7.2 R-1-6 R-1-5

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

2. Minimum lot width (linear
feet)

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

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

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

5. Minimum rear yard
setback
(linear ft.) including
detached garages
20 20 20 20 15 10 10
a. Attached non-enclosed
patios
20 20 20 5 5 5 5

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b. Detached non-enclosed
patios
20 20 20 5 5 5 5

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

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

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

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

10. Design standards Pursuant to section 90-315

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

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

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

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14. Secondary dwelling units Pursuant to section 90-321

15. Parking required Pursuant to article XL

16. Signing permitted Pursuant to article XXXVI

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

Projecting Feature Front Setback Area Side Setback Area Rear Setback Area Cornices, eaves, roof
overhangs, brackets,
bay, windows and
similar features
30inches 30inches 30inches
Belt courses, sills,
ornamental
moldings, pilasters,
and similar features
6inches 6inches 6inches
Chimneys, fireplaces,
attached barbeques
24inches 24inches 24inches
Awnings and
canopies
4 feet 25% of setback area 4feet
Uncovered, unclosed
stairways or
balconies
3 feet Not Permitted 3 feet

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Covered, enclosed
stairways, balconies,
decks, or porches
Not permitted in the required setback area.

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

Where there is a conflict or lack of clarity, the provisions of this article shall apply. (d) Single-story dwelling supplemental requirements in projects of five or more lots. (1) A minimum of 25 percent of the units in a tract/project shall be one-story dwellings. (2) Only units having a minimum 15 percent one-story element shall be plotted on corner lots. (e) Architectural supplemental requirements in projects of two or more lots. (1)

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The design of infill projects shall be compatible with adjoining neighborhoods in terms of massing, building heights, setbacks, and architectural style.
(2) Architectural trim features such as window moldings, recessed windows, shutters, or similar features shall be provided on all front, side, and rear fa ades, which are visible from public view.
(3) At least 25 percent of any front and side fa ade shall be of a different building material to provide contrast. This requirement is waived for architectural styles that dictate uniformity of building materials.
(4) Alternative garage orientations and variations in front yard setbacks shall be incorporated into project design.
(f) Site design supplemental requirements in all single-family residential projects. (1) Front yard design is subject to the city's landscape design standards. (2) Private rear yard open space. A minimum flat, useable rear yard area is required in square footage equal to five percent of lot area.
(3) Trash collection area. A concrete pad with a minimum size of three feet by ten feet shall be provided in the rear side yard adjacent to a minimum 42-inch wide walkway to the front driveway or sidewalk to accommodate the trash bins and shall be screened from public view.

For alley collection, other options may be provided.
(g) Second story design criteria. To mitigate privacy impacts and the visual mass and bulk of new multi-story homes and additions built adjacent to existing single-story homes. (1) Applicability.
a. These requirements shall apply to new multi-story homes, multi-story decks, multi-story additions, modifications to the existing multi-story decks and/or new windows on existing multi-story homes that increase privacy impacts on neighboring residents. b. These requirements shall not apply to:

1. Skylights;

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

3. Obscured, non-openable windows;

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

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

6. When waivers have been obtained by all affected property owners. (2) Options. The applicant shall select from the following options a design that achieves the

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intent of this section.
(3) Second story.
a. Where adjacent to an existing single-story home, the second story of all structures shall be located with a 35-degree plane beginning at the adjacent property line. b. Where adjacent to an existing single-story home, a minimum of 100 percent of the second story adjacent fa ade shall be stepped back from the ground floor adjacent fa ade a minimum of 15 feet. This option exempts additional planting plan. c. A no build envelope shall be established for every one foot in building height, the structure shall step back at least two feet where adjacent to an existing single-story home.

The measurement shall begin at the rear or adjacent property line. d. Windows and balconies shall be offset to avoid direct sight lines into and from neighboring properties.
e. Where adjacent to an existing single-story home, the minimum distance between any bedroom in the existing single-story home and the upper level of the new structure shall be a minimum of 50 feet, unless window orientation and design completely restricts visibility. Subject to review and approval by the planning division. f. For the purposes of this section, the term "adjacent to a single-story home" shall mean property that shares a boundary with, including at a point, any property that contains an existing single-story structure zoned and used for residential purposes. (4) Planting plan and windows.
a. Windows. Proposals for a new multi-story homes, multi -story decks, multi -story additions, modifications to the existing multi -story decks, and/or new windows on existing multi -story homes shall be accompanied by a planting plan which identifies the location, species and canopy diameter of existing and proposed trees or shrubs to meet the requirements in subsection b. below.
b. Privacy planting.

1. New trees and/or shrubs are required on the applicant's property in an area bounded by a 30-degree angle on each side and rear window jamb.

2. The applicant shall provide the planning division with a list of proposed privacy planting trees and shrubs. The list includes allowed plant species, minimum size of trees and shrubs, caliper of tree five feet above soil. expected canopy or spread size,

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and planting distance between trees. The minimum tree size shall be 24-inch box at the time of planting or as approved by the planning division to ensure privacy screening is achieved.

3. In any residential zone, the minimum height of privacy trees at the time of planting shall be 12 feet. The trees and/or shrubs shall be planted prior to issuance of a final occupancy permit.

4. Waivers.
a) New trees and/or shrubs are not required to replace existing front or privacy trees or shrubs if an internationally certified arborist or licensed landscape architect verifies that the existing trees/shrubs have the characteristics of privacy planting species, subject to approval by the director of community development. b) Affected property owner(s) may choose to allow privacy planting on their own property. In such cases, the applicant must plant the privacy screening prior to issuance of a building permit.
c) The privacy mitigation measures may be modified in any way with a signed waiver statement from the affected property owner. Modifications can include changes to the number of shrubs or trees, their species or location.

5. The property owner shall record a covenant with the Riverside County Recorder's Office that requires the retention of all privacy planting, or use of existing vegetation as privacy planting, and required front yard trees, prior to receiving a final building inspection from the building division.

6. Maintenance. The required plants shall be maintained. Landscape planting maintenance includes irrigation, fertilization and pruning as necessary to yield a growth rate expected for a particular species.

7. Replacement. Where required planting is removed or dies it must be replaced within 30 days with privacy tree(s) of similar size as the tree(s) being replaced, unless it is determined to be infeasible by the director of community development. c. Windows. The following is required for all side and rear yard-facing multi-story windows in residential zones:

1. Cover windows with exterior louvers to a height of five feet above the second floor; or

2. Obscure glass to a height of five feet above the second floor; or

3. Have a windowsill height of five feet minimum above the finished second floor. (Ord. No. 1581, § 2; Ord. No. 1653, § 1; Ord. No. 1675; Ord. No. 1684, § §§ 1-5;Ord. No. 1748, § 3; Ord. No. 1919, § 1(Exh. 1), 9-27-16; Ord. No. 1992, § 1, 3-8-22) Sec. 90-316. - Walls, fencing, and screening.

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This section provides for the regulation of location and height of walls, fencing, screening and landscaping so as to allow the enjoyment of the use of the property and the safety of persons using sidewalks and streets related to the property.
(1) Fencing in the front yard setback is subject to the following provisions:
a. Solid walls, fences, screening or hedge plantings in any required front yard setback shall be a maximum of 42 inches in height when measured from the adjacent sidewalk or street in order to maintain safe visibility for pedestrians and the egress and ingress of vehicular traffic. A combination of solid and open fences not exceeding 72 inches in height is permitted provided the solid part of such fence, screening, or hedge does not exceed 42 inches. Pilasters to a maximum height of 72 inches are permitted if spaced a minimum of ten feet on center with a maximum width of 18 inches. b. Open fencing shall be a minimum of 75 percent open with the space between the solid material being three times the width of the solid material. The solid materials are limited to wrought iron, tubular steel, vinyl, or similar material. c. Prohibited materials are chain link, chain link with slats, plexiglass, electric, hog wire, woven, barbed wire, and similar materials. Wood is prohibited in excess of 42 inches in height regardless of design.
d. Replacement fencing of any nonconforming material is subject to the provisions of division 2 of article II of this chapter regarding nonconforming uses. (2) On a corner lot a wall, fence or hedge up to six feet in height may be located parallel to the edge of the sidewalk on the street side yard adjacent to the lot up to the front yard setback, whether the sidewalk area is monolithic or has a planted parkway. (3) On corner lots, the corner cutback area shall be free and clear of visual obstructions in excess of 42 inches in height. The corner cutback shall be defined by a line on a horizontal plane connecting two points along the front and street side property lines and forming a triangle.

These points shall be measured 30 feet back from the intersection of the prolongation of the front and street side property lines.
(4) On lots where the driveway is adjacent to the rear yard of a neighboring lot the corner cutback area shall be free and clear of visual obstructions of 42 inches in height. The cutback lines shall be determined by measuring from the projection of the coterminous front and rear property line ten feet along the inside edge of the sidewalk and ten feet back from the street connecting the two points forming a 45-degree triangle. (5) Fencing, screening, hedges along interior and rear property lines may not exceed 72 inches in height.
(6)

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When a retaining wall is necessary, the combined retaining wall and hedge, walls or fence shall not be permitted to exceed six feet in height along the street side yard or reverse corner lot and nine feet in height along interior or rear property lines.
(7) Wall and fencing supplemental requirements in projects of five or more lots. a. Perimeter fencing. All perimeter fencing adjacent to the public right-of-way shall be decorative block, textured concrete or stucco with pilasters and caps and/or other material consistent with any adopted policy, guideline or standard in effect at time of approval. Wrought iron view fences are also permitted with pilasters and caps. Chain link fencing is prohibited.
b. Interior lot fencing. Interior lot line fencing shall be comprised of masonry block, vinyl, wood, or other materials that comply with any adopted policy, guideline, or standard in effect at the time of approval.
c. Gates. Gates and front yard returns visible to the public right-of-way shall be comprised of painted or stained wood, vinyl, wrought iron or tubular steel, or other materials that comply with any adopted policy, guideline, or standard in effect at the time of approval.

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

Sec. 90-317. - Landscaping.
(a) All new development must comply with the provisions of article XLVIII of this chapter. (b) Landscape guidelines that are established by resolution of the city council provide examples of landscaping solutions to code requirements and are applicable to all new single-family residential projects to complement the mandatory standards contained in this article and article XLVIII.

Where there is a conflict or lack of clarity, the provisions of this chapter shall apply. (c) Landscaping on existing single-family residential properties is subject to the following minimum standards:

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(1) All areas in the front or side yard setback visible from the public right-of-way and not covered by structures, driveways, or hardscape shall be landscaped. (2) Parkways, located between the curb and the sidewalk, are the responsibility of the property owner and shall be landscaped and maintained.
(3) Appropriate landscape includes drought tolerant plants, groundcover, bushes, and trees or a combination of living and non-living groundcover such as decorative rock, bark, artificial turf, or decomposed granite.
(Ord. No. 1919 , § 1(Exh. 1), 9-27-16)
Sec. 90-318. - Measurement of yards.
(a) A required yard or other open space around an existing or proposed building shall not be used to meet a required yard or other open space for any other building on an adjoining lot or building site.
(b) Garage doors shall not, when open or being opened, project beyond any lot line. (c) On most lots the required yards shall be as defined in section 90-4. On lots of unusual shape the director shall determine the front, rear and side yard areas based upon the location of the entrance to the house, the address of the house, the floor plan of the house, the slope of the lot, and other similar considerations. The yards shall be indicated on a site plan and maintained on file along with the building permit, see figure 1 below.

Figure 1
_,,.o
,,.
,,. REAR YARD
0 0:
,,.
.,)
'
I. ..
(d) On lots at the terminus of a cul-de-sac street and lots on the knuckle of a street the required setbacks of this section shall be an average of the closest and furthest setback from the proposed building. For example if the closest side yard setback is five feet the furthest side yard setback on ....• t- ,,
I C:i
I
""· o(;,
0:
a:
.,,

FRONT YARD
....
.,,
.,,

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\
that same side is 15 feet, the average setback would be ten feet. In no case shall the required yard be less than five feet, see figure 2 below.

Figure 2
. --·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-•.7
I
I
.'
I
I
.'
\
I
. ~•
,,
I
(Ord. No. 1919 , § 1(Exh. 1), 9-27-16)
Sec. 90-319. - Height measurement and height limit exceptions. (a) Maximum height shall be measured as the vertical distance from the finished grade to an imaginary plan located parallel to the finished grade at a height allowed by the zone. (b) Structures permitted above a specified height limit may be erected follows: structures or walls for the housing of elevators, stairways, tanks, ventilating fans or similar structures, skylights, towers, steeples, flagpoles, chimneys, smokestacks, wireless masts, radio and television masts, water tanks, silos or similar structures, provided that no roof structure, as listed in this subsection, or any space above the height limit specifically prescribed for particular zones, shall be allowed or used for the purpose of providing usable floor space in excess of that reasonably required to maintain such structures and shall not be used for signage. (Ord. No. 1919 , § 1(Exh. 1), 9-27-16)
Sec. 90-320. - Accessory structures (non-dwelling).
(a) An accessory structure is as defined in section 90-4. An accessory structure greater than 120 square feet is required to obtain a building permit.
(b) Accessory structures shall meet the required setbacks and lot coverage maximum of the zone in which they are located with the following exception: Accessory structures less than 120 square feet in area and less than eight feet in height which are not permanently affixed to the ground may be located as close as three feet to interior side or rear property lines. In no instance shall any accessory structure be placed closer to the front property line than the principal structure. (c)
I
'
'

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The total area of all accessory structures shall not exceed 50 percent of the floor area of the principal structure. On lots of one acre or larger, accessory structures may be constructed in excess of 50 percent of the principal structure upon review and approval of an administrative adjustment application by the community development director and subject to the following criteria:
(1) The accessory structure is otherwise consistent with the regulations of the zone in which it is located;
(2) The accessory structure is not detrimental to the public health, safety and welfare particularly that of adjacent properties; and
(3) The accessory structure does not detract from the residential character of the surrounding neighborhood.
(d) Accessory structures shall not exceed the following height limits:
(1) Garage, carport, portable covers: 20 feet.
(2) Gazebo, greenhouse, playhouse, outdoor play equipment, stationary barbeque, storage shed, stationary compost bin, and other accessory structures: 15 feet. (3) Structures located within five feet of a side yard or rear yard property line: eight feet. (e) Accessory structures shall be architecturally compatible with the principal structure and adhere to the following criteria:
(1) For accessory structures over 120 square feet, compatibility shall include the structures' primary color and construction materials;
(2) A garage installed in conjunction with a manufactured home shall be frame-constructed (e.g., wood, engineered wood, or structural steel) on a permanent concrete foundation; (3) For portable carports and/or RV covers, compatibility shall be limited to the structures' primary color.
(f) All accessory structures shall be screened to the maximum intent possible with landscaping, fencing, or combination thereof, so as to minimize visual impacts from adjacent rights-of-way and from adjoining properties.
(Ord. No.1919, § 1(Exh.1), 9-27-16; Ord. No.1957, § 3, 6-11-19) Sec. 90-321. - Accessory dwelling units.
(a) General provisions.
(1) An application for an accessory dwelling unit shall be submitted to the building department for building plan check approval and shall be permitted ministerially without discretionary review if it meets the definitions and criteria listed in this section and all other applicable zoning, building and health and safety codes. The following types of accessory dwelling units are permitted ministerially, as specifically called out by Government Code Section 65852.2:

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(A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling. Additional development standards related to this type of accessory dwelling unit can be found in Government Code Section 65852.2(e)(1)(A).
(B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling.

The accessory dwelling unit may be combined on the same lot with a junior accessory dwelling unit. Additional development standards related to this type of accessory dwelling unit can be found in Government Code Section 65852.2(e)(1)(B). (C) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. Additional development standards related to this type of accessory dwelling unit can be found in Government Code Section 65852.2(e)(1)(C).
(D) Not more than two accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling but are detached from that multifamily dwelling and are subject to height limitation and rear yard and side setbacks of no more than four feet.

Additional development standards related to this type of accessory dwelling unit can be found in Government Code Section 65852.2(e)(1)(D).
(1)(2) Any property with an accessory dwelling unit permitted between January 1, 2020 and December 31, 2024 is not required to be owner-occupied. Any property with an accessory dwelling permitted prior to January 1, 2020 or after January 1, 2025 shall be owneroccupied. (3) An accessory dwelling unit may not be used for short term rentals with terms less than 30 days.
(4) For the purposes of meeting the city's applicable regional housing needs allocation as contained in the adopted housing element, accessory dwelling units may be reported as progress towards meeting these goals.
(5) An accessory dwelling unit shall only be allowed on a residentially zoned lot under this article that contains an existing or proposed single-family or existing multiple-family residence. (6) For purposes of calculating allowable density, an accessory dwelling unit is not counted as an additional unit.
(A)(7) The provisions of this section take precedence over any conflicting covenant, condition, or restrictions or homeowners association rule that prohibits or unreasonably restricts

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the construction or use of an accessory dwelling unit.
(8) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
(A) An accessory dwelling unit shall not be considered to be a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service.
(B) Accessory dwelling units of 750 square feet or less shall not be subject to impact fees.

Accessory dwelling units larger than 750 square feet may, as determined by the City Council by resolution, be subject to impact fees charged proportionately in relation to the square footage of the primary dwelling unit. .
(C) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation. (b) Definitions.
(1) Accessory dwelling unit means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary residence, and shall have independent exterior access. It also includes the following:
a. An efficiency unit, as defined in Health and Safety Code§ 17958.1. b. A manufactured home, as defined in Health and Safety Code§ 18007. (2) Junior accessory dwelling unit means an accessory dwelling unit that is no more than 500 square feet in size and contained entirely within a single-family residence. (3) Passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(4) Tandem parking means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another, provided that the vehicles do not extend over the public sidewalk or right-of-way.
(c) General criteria. An accessory dwelling unit shall meet the following criteria. (1) The accessory dwelling unit may be rented separate from the primary residence but may not be sold or otherwise conveyed separately.. The accessory dwelling unit shall not be offered for sale apart from the primary dwelling unless the accessory dwelling unit meets all of the following criteria: