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DISTRICT DESCRIPTION
Hemet Auto Mall
Zone A
Hemet Auto Mall
Zone B Marana
Latino Services
CUP No. 16-007 Airway Place
DISTRICT NO. 106 106 107 108 109
COUNTY FUND NO. 68-0193
CITY ACCOUNT NO. 228-8306 228-8315 228-8307 Dormant for now TRACT/PARCEL MAP NO. Dormant District(11) Dormant District(11) TR 32519 Commercial Development(10)(11)
Commercial
Development(10)(11)
DIRECT EXPENSES
Landscape Maintenance (Contracts or Specific District Labor) - - - - - Street Tree Trimming (Net of Estimated Interest) - - 295 - - Utilities - - - - - Grafitti Removal - - 8 - - Direct Expenses Subtotal $0 $0 $303 $0 $0
ADMINISTRATION EXPENSES
Personnel/Overhead (Net of Estimated Interest) - - - - - Professional Fees (Net of Estimated Interest) - - - - - Miscellaneous/County Fees - - - - - Administration Expenses Subtotal $0 $0 $0 $0 $0
COLLECTIONS/(CREDITS) APPLIED TO LEVY
Total Fiscal Year 2024-2025 Direct and Administrative Expenses $0 $0 $303 $0 $0 Capital Reserve Collection(6)/(Transfer) - Proposed
Operating Reserve Funds Collection/(Transfer) - - - - - Other Revenue/General Fund Collection/(Transfer) - - - - - Total Adjustments $0 $0 $0 $0 $0
BALANCE TO LEVY FISCAL YEAR 2024-2025: $0 $0 $303 $0 $0
DISTRICT STATISTICS
Total Parcels 4 2 8 1 7 Total Parcels Levied 4 2 8 1 7 Total Units 31.97 6.55 8.00 0.72 40.09 2024-2025: Levy Rate per UNIT $0.00 $0.00 $37.91 $0.00 $0.00 2024-2025: Maximum Levy Rate per UNIT with HOA Credit (7)(8) N/A N/A N/A N/A N/A 2024-2025: Maximum Levy Rate per UNIT without HOA Credit (7)(8) $1,072.46 $1,132.11 $37.94 $2,755.97 $322.49 Total Assessment Allowable $34,287 $7,415 $304 $1,984 $12,929 Prior Year 2023-2024: Levy Rate per EBU $0.00 $0.00 $35.86 $0.00 $0.00 Prior Year 2023-2024: Total Levy $0 $0 $287 $0 $0
DISTRICT FUNDS:
Estimated Reserve Fund Beginning Balance 7/1/2024 $0 $0 $231 $0 $0 2024-2025: Reserve Fund Adjustments 0 0 0 0 0
Anticipated Reserve Balance 6/30/2025 $0 $0 $231 $0 $0
Beginning CIP Fund Balance 7/1/2024 $0 $0 $465 $0 $0
2024-2025: CIP Fund Adjustments 0 0 0 0 0
Anticipated CIP Balance 6/30/2025 $0 $0 $465 $0 $0
Estimated Percentage of Improvements Maintained 0% 0% 54% 0% 0% HISTORICAL RATES:
Fiscal Year 2023-2024 $0.00 $0.00 $35.86 $0.00 $0.00
Fiscal Year 2022-2023 $0.00 $0.00 $32.89 $0.00 $0.00
Fiscal Year 2021-2022 $0.00 $0.00 $31.63 $0.00 $0.00
Fiscal Year 2020-2021 $0.00 $0.00 $30.41 $0.00 $0.00
Fiscal Year 2019-2020 $0.00 $0.00 $29.24 $0.00 $0.00
Fiscal Year 2018-2019 $0.00 $0.00 $0.00 $0.00 $0.00
Fiscal Year 2017-2018 $0.00 $0.00 $0.00 $0.00 $0.00
Fiscal Year 2016-2017 $0.00 $0.00 $0.00 $0.00 $0.00
Fiscal Year 2015-2016 N/A N/A N/A N/A N/A
Fiscal Year 2014-2015 N/A N/A N/A N/A N/A
Fiscal Year 2013-2014 N/A N/A N/A N/A N/A
Fiscal Year 2012-2013 N/A N/A N/A N/A N/A
Fiscal Year 2011-2012 N/A N/A N/A N/A N/A
Fiscal Year 2010-2011 N/A N/A N/A N/A N/A
Fiscal Year 2009-2010 N/A N/A N/A N/A N/A
Fiscal Year 2008-2009 N/A N/A N/A N/A N/A
Fiscal Year 2007-2008 N/A N/A N/A N/A N/A
Fiscal Year 2006-2007 N/A N/A N/A N/A N/A
Fiscal Year 2005-2006 N/A N/A N/A N/A N/A
Notes
(1) Fund Number 68-2406 consists of Districts 1, 2, 3, 4, 5 ,6 ,7 ,8 ,9, 9-1, 10, 11, 12, 13, 14, 15, 16, 17, 17-1 & 18.
(2) Fund Number 68-2410 consists of Districts 19, 19-1, 19-2, 19-3, 19-6, 19-7 & 19-
10.(3) The levy rates for these Districts are not per unit/parcel, but are apportioned per unit as defined by each parcel's front footage.
(4) Lot 120 of Tract No. 31796 has been designated as a detention basin lot. If in the future Lot 120 is no longer designated as detention basin lot, and is developed and/or subdivided, Lot No. 120 shall be assessed as part of LMD 33. (5) The Vernal Pool, identified as Lot N within Tract 31808, is proposed to be mantained by the established HOA, resulting in an additional credit to the annual assessment for LMD 47.
(6) For the periodic rehabilitation/replacement of landscape. (7) Portion of the landscape maintenance is currently being maintained by the HOA for District 19-5 and 26, 29, 36 and 47.
(6) There is an allowable 4% inflator applied to Maximum Levy Rate with exception to the Original Districts and Districts 101-102 and 104-105. Districts 101-102 and 104- 107, 109, 112-113 have an inflator factor of the greater of 4% or the cumulative percentage increase in the consumer price index.
(9) LMD 47 expenses are based on the maintained area within the LMD boundary and does not include the portion of Warren Road that is outside the District's boundary. The City anticipates Warren Road being accepted for maintenance in future. (10) District not levied due to improvements not being completed. (11) The levy rates for these Commercial Districts are not per unit/parcel, but are apportioned per unit as defined by each parcel's acreage.
Slight variances due to rounding.
17.E
DISTRICT DESCRIPTION
PM 37196 /
CUP 16-006
Zanderson Plaza
CUP 19-015
Holiday Inn Express
DISTRICT NO. 112 113 TOTAL
COUNTY FUND NO. 68-0553
CITY ACCOUNT NO. 228-8312, 0194 228-8318
TRACT/PARCEL MAP NO. Commercial
Development(11)
Commercial
Development(10)(11)
DIRECT EXPENSES
Landscape Maintenance (Contracts or Specific District Labor) 8,400 - 1,389,563 Street Tree Trimming (Net of Estimated Interest) 3,162 - $708,700 Utilities 2,400 - $683,470 Grafitti Removal 125 - $14,196 Direct Expenses Subtotal $14,087 $0 $2,795,930
ADMINISTRATION EXPENSES
Personnel/Overhead (Net of Estimated Interest) - - 151,531 Professional Fees (Net of Estimated Interest) - - $17,221 Miscellaneous/County Fees - - $15,931 Administration Expenses Subtotal $0 $0 $184,682
COLLECTIONS/(CREDITS) APPLIED TO LEVY
Total Fiscal Year 2024-2025 Direct and Administrative Expenses $14,087 $0 $2,980,612 Capital Reserve Collection(6)/(Transfer) - Proposed - $51,685 Operating Reserve Funds Collection/(Transfer) 3,339 - $57,913 Other Revenue/General Fund Collection/(Transfer) - - $0 Total Adjustments $3,339 $0 $109,598
BALANCE TO LEVY FISCAL YEAR 2024-2025: $17,426 $0 $3,090,210
DISTRICT STATISTICS
Total Parcels 6 1 21,325 Total Parcels Levied 6 1 20,922 Total Units 26.99 5.57 981,174 2024-2025: Levy Rate per UNIT $645.66 $0.00
2024-2025: Maximum Levy Rate per UNIT with HOA Credit (7)(8) N/A N/A 3,918.12 2024-2025: Maximum Levy Rate per UNIT without HOA Credit (7)(8) $645.66 $792.29 $83,867.75 Total Assessment Allowable $17,426 $4,413 $5,516,842
Prior Year 2023-2024: Levy Rate per EBU $619.28 $0.00
Prior Year 2023-2024: Total Levy $16,714 $0 $3,024,150 DISTRICT FUNDS:
Estimated Reserve Fund Beginning Balance 7/1/2024 $6,266 ($187) 2024-2025: Reserve Fund Adjustments 3,339 0
Anticipated Reserve Balance 6/30/2025 $9,605 ($187)
Beginning CIP Fund Balance 7/1/2024 $0 $0
2024-2025: CIP Fund Adjustments 0 0
Anticipated CIP Balance 6/30/2025 $0 $0
Estimated Percentage of Improvements Maintained 100% 100% HISTORICAL RATES:
Fiscal Year 2023-2024 $619.28 $0.00
Fiscal Year 2022-2023 N/A N/A
Fiscal Year 2021-2022 N/A N/A
Fiscal Year 2020-2021 N/A N/A
Fiscal Year 2019-2020 N/A N/A
Fiscal Year 2018-2019 N/A N/A
Fiscal Year 2017-2018 N/A N/A
Fiscal Year 2016-2017 N/A N/A
Fiscal Year 2015-2016 N/A N/A
Fiscal Year 2014-2015 N/A N/A
Fiscal Year 2013-2014 N/A N/A
Fiscal Year 2012-2013 N/A N/A
Fiscal Year 2011-2012 N/A N/A
Fiscal Year 2010-2011 N/A N/A
Fiscal Year 2009-2010 N/A N/A
Fiscal Year 2008-2009 N/A N/A
Fiscal Year 2007-2008 N/A N/A
Fiscal Year 2006-2007 N/A N/A
Fiscal Year 2005-2006 N/A N/A
Notes
(1) Fund Number 68-2406 consists of Districts 1, 2, 3, 4, 5 ,6 ,7 ,8 ,9, 9-1, 10, 11, 12, 13, 14, 15, 16, 17, 17-1 & 18.
(2) Fund Number 68-2410 consists of Districts 19, 19-1, 19-2, 19-3, 19-6, 19-7 & 19-
10.(3) The levy rates for these Districts are not per unit/parcel, but are apportioned per unit as defined by each parcel's front footage.
(4) Lot 120 of Tract No. 31796 has been designated as a detention basin lot. If in the future Lot 120 is no longer designated as detention basin lot, and is developed and/or subdivided, Lot No. 120 shall be assessed as part of LMD 33. (5) The Vernal Pool, identified as Lot N within Tract 31808, is proposed to be mantained by the established HOA, resulting in an additional credit to the annual assessment for LMD 47.
(6) For the periodic rehabilitation/replacement of landscape. (7) Portion of the landscape maintenance is currently being maintained by the HOA for District 19-5 and 26, 29, 36 and 47.
(6) There is an allowable 4% inflator applied to Maximum Levy Rate with exception to the Original Districts and Districts 101-102 and 104-105. Districts 101-102 and 104- 107, 109, 112-113 have an inflator factor of the greater of 4% or the cumulative percentage increase in the consumer price index.
(9) LMD 47 expenses are based on the maintained area within the LMD boundary and does not include the portion of Warren Road that is outside the District's boundary. The City anticipates Warren Road being accepted for maintenance in future. (10) District not levied due to improvements not being completed. (11) The levy rates for these Commercial Districts are not per unit/parcel, but are apportioned per unit as defined by each parcel's acreage.
Slight variances due to rounding.
17.E
Operating Reserve Fund/Capital Reserve:Landscape Maintenance/Graffiti Removal:Labor Costs:Utilities:Park Maintenance:Street Tree Trimming:Personnel/Overhead:Professional Fees:Miscellaneous/County Fees:Collection/(Transfer) Applied from/to District Funds/Reserve Fund:Other Revenue/General Fund Contribution:
17.E
Balance to Levy:HOA Contribution:
17.E
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jun 11 2024
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Jilleen Ferris, Deputy Public Works Director/Assistant City Engineer;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, Approving and Ordering the Summary Vacation of Existing Right-of-Way for Olympia Way
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California approving and ordering the summary vacation of existing right-of-way for Olympia Way.
BACKGROUND:
Sanderson Square is an existing Specific Plan (SP05-03) for the area located along Sanderson Avenue south of the future Whittier Avenue and north of ExtraSpace Storage. The currently approved layout for Sanderson Square includes right-of-way for Olympia Way that traverses the project site from the northeast corner south and then westerly to Sanderson Avenue. The applicant wishes to amend the Specific Plan to a different layout, one in which buildings are located in the center of the site, and to dedicate Whittier Avenue along the northerly project frontage.
The City is authorized to vacate street right-of-way when they are no longer needed for street purposes. In this case, Olympia Way is only a paper street that was dedicated at some point and has never been used.
ANALYSIS:
Whittier Avenue is currently included in the City’s General Plan between the Kirby Industrial project to the east and Sanderson Avenue to the west. The vacation of Olympia Way allows for the dedication of Whittier Avenue and is consistent with the City’s General Plan. The dedication of Whittier Avenue provides a preferred truck access compared to Olympia Way for the industrial projects that will utilize this road.
17.F
Pursuant to the provisions of Public Streets, Highways, and Service Easements Vacation Law (Division 9, Part 3 of the California Streets and Highways Code, Section 8331et seq.) and specifically Chapter 4, “Summary Vacation,” the City Council may proceed with the summary vacation of the subject public right-of-way that has been impassable for vehicular travel for a period of five consecutive years, and no public money was expended for maintenance on the street during such period. Since no roadway has existed in this right-of-way, nor has any maintenance been done, the vacation is consistent with Section 8331.
DISCUSSION:
The City Engineer and consultant City Surveyor have reviewed the vacation legal description and plat and find that it is technically correct.
Staff recommends the City Council adopt a Resolution of the City Council of the City of Hemet, California approving and ordering the summary vacation of existing right-of-way for Olympia Way as described and shown in Exhibits A and B attached.
PREVIOUS COUNCIL ACTION:
There has been no previous Council action.
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
Objective 2: Explore and implement homelessness solutions for the City of Hemet.
Objective 3: Increase Public Safety visibility and response.
FISCAL IMPACT:
There are no impacts to the General Fund.
ALTERNATIVE(S):
1. Do not approve the summary vacation.
2. Provide alternative direction to the City Manager.
REVIEWED BY LEGAL:
☒ Staff report ☒ Resolution
☐ Ordinance ☐ Agreement
ATTACHMENT(S):
Attachment 1: Resolution Street Vacation
Attachment 2: Olympia Way Vacation Exhibit "A" and "B"
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Attachment 3: Whittier Avenue Dedication Acknowledgement Attachment 4: Sanderson Square Exhibit
17.F
CITY OF HEMET RESOLUTION NO. 2024-XXX 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA APPROVING AND ORDERING
THE SUMMARY VACATION OF EXISTING RIGHT-OF-
WAY FOR OLYMPIA WAY
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, Sanderson Square is an existing Specific Plan (SP05-03) located on Sanderson Avenue south of the future Whittier Avenue and north of ExtraSpace Storage; and
WHEREAS, Sanderson Square currently includes right-of-way for Olympia Way that traverses the project site; and
WHEREAS, the applicant wishes to amend the specific plan to a different layout, one in which buildings are located in the center of the site, and to dedicate Whittier Avenue along the northerly frontage of Sanderson Square; and WHEREAS, the City is authorized to vacate street right-of-way when they are no longer needed for street purposes, or in this case, when the paper street for Olympia Way has never been used; and
WHEREAS, Whittier Avenue is currently part of the City’s General Plan between Sanderson Avenue and the entitled Kirby Industrial project to the east, therefore the vacation of Olympia Way and the dedication of Whittier Avenue are consistent with the City’s General Plan; and
17.F
CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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WHEREAS, City staff recommends that City Council proceed under the provisions of Public Streets, Highways, and Service Easements Vacation Law (Division 9, Part 3 of the California Streets and Highways Code, Section 8300 et seq.) and specifically Chapter 4 (“Summary Vacation”) commencing with Section 8330 thereof, to summarily vacate existing right-of-way for Olympia Way; and WHEREAS, a summary vacation is requested for those portions of land in the City of Hemet, County of Riverside, State of California, being portions of Lots 1-4 of Lot Line Adjustment 04-17, recorded May 5, 2005 as Instrument #2005-357760, records of said County; and
WHEREAS, this public service easement summary vacation action is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines 15061 (b)(3); this resolution of vacation is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment; this resolution of vacation will not result in any changes to existing environmental conditions; therefore, there is no possibility that the adoption of this resolution will have a significant effect on the environment, and this public service easement summary vacation action is exempt from CEQA pursuant to CEQA Guidelines Section 15061 (b)(3).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1.FINDINGS - The recitals set forth above are hereby adopted as findings in support of this Resolution.
17.F
CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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SECTION 2.The City Council hereby finds from all the evidence presented that the public right-of-way of Olympia Way, which is described and depicted in Exhibits “A” and “B” attached hereto and incorporated herein by reference, has never been constructed, maintained, or utilized, and is, therefore, hereby ordered vacated.
SECTION 3.This public right-of-way summary vacation is hereby ordered by the City Council pursuant to the authority set forth under Division 9, Part 3, Chapter 4 of the California Streets and Highways Code.
SECTION 4.This public right-of-way summary vacation does not change the area land use designation and is, therefore hereby found and determined to be in conformity with the City of Hemet General Plan Land Use Element and Circulation Element (Streets and Highways Code Section 8313(a).
SECTION 5. The City Clerk shall cause a certified copy of this resolution of vacation, attested to by the City Clerk under seal, to be recorded in the Office of the Riverside County Recorder, California, in accordance with the provisions set forth in Section 8336 of the Streets and Highway Code.
SECTION 6. From and after the date this resolution is recorded, the public right- of-way identified herein shall no longer constitute a public right-of-way, the vacation shall be complete, and the public right-of-way is extinguished.
17.F
CITY OF HEMET RESOLUTION NO. 2024-XXX 4
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CITY OF HEMET RESOLUTION NO. 2024-XXX 5
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PASSED, APPROVED AND ADOPTED this 11th day of June, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
17.F
CITY OF HEMET RESOLUTION NO. 2024-XXX 6
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 11 th day of June, 2024, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
17.F
PARCEL3:
EXHIBIT"A"STREETV ACATIONLEGALDESCRIPTIONTHOSEPORTIONSOFLANDINTHECITYOFHEMET,COUNTYOFRIVERSIDE,STATEOFCALIFORNIA,BEINGPORTIONSLOTS1—4OFLOTLINEADJUSTMENT04—17,RECORDEDMAY5,2005ASINSTRUMENT#2005—357760.RECORDSOFSAIDCOUNTY ,MOREPARTICULARLYDESCRIBEDASFOLLOWS;PARCEL1:THEWEST45.00FEETOFSAIDLOT1,TOGETHERWITHTHEWEST45.00FEETOFTHENORTH102.90FEET0FSAIDLOT3.PARCEL2:THESOUTH44.00FEETOFSAIDLOT1,ANDTHENORTH44.00FEETOFLOT3.THEABOVEDESCRIBEDLANDISTHESAMELANDDESCRIBEDASPARCEL2INADOCUMENTENTITLED"GRANTDEED-STREETRIGHT—OF—W AY"RECORDEDMARCH30,2006ASINSTRUMENTNO.2006—225847.(PORTIONOFLOTS2AND4OFSAIDLOTLINEADJUSTMENTNO.04—17)ASTRIPOFLAND66.00FEETWIDE,THECENTERLINEOFWHICHISDESCRIBEDASFOLLOWS;COMMENCINGATTHEMOSTNORTHEASTERLYCORNEROFSAIDLOT2;THENCE,NORTH892238"WEST,ALONGTHENORTHERLYLINEOFSAIDLOT2,ADISTANCEOF38.00FEET.SAIDPOINTBEINGTHETRUEPOINTOFBEGINNING;THENCESOUTH00'41'40"WEST,PARALLELWITHTHEEASTLINEOFSAIDLOT2,ADISTANCEOF330.42FEET,TOAPOINTOFCURV ATURE,ONACURVEHA VINGARADIUSOF300.00FEET;THENCE,RIGHTALONGSAIDCURVE,THROUGHACENTRALANGLE0F90°04’18",ANARCDISTANCEOF470.86FEET,TOAPOINTOFTANGENCY ,SAIDPOINTBEINGTHEPOINTOFTANGENCYALONGTHESOUTHERLYLINEOFSAIDLOT2;THENCE,NORTH89'22'38"WEST,ALONGSAIDSOUTHERLYLINEOFLOT2,ADISTANCEOF322.38FEETTOSOUTHWESTERLYCORNEROFSAIDLOT2;BEINGTHEPOINTOFTERMINATION;THEABOVEDESCRIBEDLANDISTHESAMELANDDESCRIBEDASPARCEL3INADOCUMENTENTITLED"GRANTDEED—STREETRIGHT—OF—W AY"RECORDEDMARCH30,2006ASINSTRUMENTN0.2006—225847.
PAGEPage 10 of 14
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EXHIBIT"A"STREETV ACATIONLEGALDESCHPHONSAIDPARCELSCONTAINING179,443SQUAREFEET,OR4.12ACRES,MOREORLESS.ALSOSHOWNINEXHBFT"B”ATTACHEDHEREWWHANDBYTHEREFERENCEMADEAPARTHEREOFTHISDESCRIPTIONW ASPREPAREDBYMEORUNDERMYSUPERVISION,INCONFORMANCEWITHTHEPROFESSIONALLANDSURVEYOR’SACT.LLALF \ Ls5/1/24E 3DATENo.8899CENSE11—25 * *
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17.F
CityofHemetPublicWorksReceiptofDocumentsforProcessingAcknowledgement Date:5/2/2024
INVe, M”LW hereby(NameofDepartmentandEmployee(s))acknowledgethereceiptofthefollowingdescribeddocumentsfromthePublicWorksDepartment1.OfferofDedication-SandersonSquareCerti?cateofAcceptanceneedstobesignedbyCityManagerandattestedtobyCityClerk.Certi?catealongwithExhibits“A”and“B"needtothenbesentforrecordation.
Signature:
17.F
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jun 11 2024
Department: Administration
Submitted by: Mark Prestwich, City Manager
John Maier, City Clerk;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
Resolution(s) of the City Council of the City of Hemet, California, Calling and Giving Notice of Holding a Consolidated Municipal Election to be Held in the City of Hemet on Tuesday, November 5, 2024 for City Treasurer and Members of the City Council in District One (1) District Three (3), and District Four (4) for Four-Year Terms
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
1. Adopt a Resolution of the City Council of the City of Hemet, California, Calling for the Holding of a General Municipal Election to be held on Tuesday, November 5, 2024, for the Election of the Office of City Treasurer and City Council District 1, District 3, and District 4, as Required by the Provisions of the Laws of the State of California Relating to General Law Cities; and
2. Adopt a Resolution of the City Council of the City of Hemet, California, Calling and Giving Notice of a General Election to be held on Tuesday, November 5, 2024, for the Election of the Office of City Treasurer and City Council Member in District 1, District 3, and District 4; and Requesting the Registrar of Voters, County of Riverside to Conduct the Election; and
3. Adopt a Resolution of the City Council of the City of Hemet, California, Adopting Regulations for Candidates for Elective Office Pertaining to Candidates Statements Submitted to the Voters at the General Municipal Election to be held on November 5, 2024.
BACKGROUND:
A General Election will be held in the State of California on November 5, 2024. Since the City of Hemet does not conduct stand-alone elections, the City requests consolidation with Riverside County's Consolidated General Election activities every even-numbered year.
In 2024, the City of Hemet will hold an election for three (3) City Council members and City Treasurer for four-year terms, all elected by and from among the City's registered voters, to represent their specific Districts. The nomination period for candidates will be July 15, 2024, through August 9, 2024, and the filing deadline will be extended if an incumbent does not file by the 88th day before the
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election, during normal business hours, as posted. This is not applicable, where there is no incumbent eligible to be elected.
DISCUSSION:
Direct the City Clerk to work with the Riverside County Registrar of Voters to Call, Consolidate, and Conduct the General Municipal Election. Direct the City Clerk to provide Candidates with regulations, regarding candidate statements.
STRATEGIC PLAN INTEGRATION:
GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.
Objective 1: Deliver messaging to the Community that connects, is consistent, and relevant.
Objective 2: Increase transparency for the public.
Objective 3: Increase the community's pride within the City.
FISCAL IMPACT:
Estimated costs for the 2024 General Election will be incorporated in the fiscal year 2024-25 budget.
The actual cost to the City for the election, including costs to the County that are reimbursed by the City, will depend upon the number of individuals who file for candidacy, among other factors. In the event, that the amount due to the County exceeds the budgeted amount of $150,000, funds to cover the costs will need to be appropriated.
ALTERNATIVE(S):
1. Decline to adopt a Resolution calling the 2024 General Election; provide direction to the City Manager. This alternative is not recommended in that the Council must adopt this Resolution in order to comply with state law.
2. Decline to adopt a Resolution requesting consolidation with the County; provide direction to the City Manager. This alternative is not recommended in that staff does not foresee the launch of a timely standalone election to be feasible.
ATTACHMENT(S):
Attachment 1 Resolution Candidate Statements
Attachment 2 Resolution Call and Notice of General Election for Districts 1, 3, and 4 Attachment 3 Resolution Consolidated Services with Registrar of Voters for General Election for Districts 1, 3, and 4
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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HEMET, CALIFORNIA, ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS
AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 5, 2024
The City Council of the City of Hemet (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on Tuesday, November 5, 2024 for the election of Municipal Officers.
WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of the local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate statement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET DOES HEREBY FIND AND RESOLVE TO:
SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference.
SECTION 2. GENERAL PROVISIONS.
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CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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Pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective offices to be voted for at the City of Hemet General Municipal Election to be held on November 5, 2024, may prepare a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age, and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. The City Clerk is NOT permitted to edit any material contained in candidate statements. Candidates are responsible for proofreading spelling, punctuation, and grammar. Since the statement cannot be changed after it is submitted, it is important for candidates to carefully prepare and proofread their statements.
SECTION 3. FOREIGN LANGUAGE POLICY.
Pursuant to the Federal Voting Rights Act, candidates statements will be translated into all languages required by the County of Riverside. The County is required to translate candidates statements into the following language(s): Spanish.
The County will print and mail voter information guides and candidates statements to all voters in English and Spanish or the County will send voter information guides and candidate statements in Spanish to only those voters who are on the county voter file
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CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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as having requested a voter information guide in a particular language. The County will make the voter information guide and candidates statements in the required languages available at all polling places, on the County's website, and in the Election Official's office.
SECTION 4. ADDITIONAL MATERIALS.
No candidate will be permitted to include additional materials in the voter information guide.
SECTION 5. PAYMENT.
The candidate shall be required to pay for the cost of translating the candidates statements into any required foreign language pursuant to Federal and/or State law.
The candidate shall be required to pay for the cost of printing the candidates statement in English and any foreign language as required in the voter information guide. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate's statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the City, his or her estimated pro rata share as a condition of having the candidate statement included in the voter information guide. The estimate is just an approximation of the actual costs that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements.
Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis,
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CITY OF HEMET RESOLUTION NO. 2024-XXX 4
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bill the candidate for additional actual expenses or refund any excess paid depending on the final actual cost.
SECTION 6. The City Clerk is directed to provide each candidate or the candidate's representative a copy of this Resolution at the time nomination papers are issued.
SECTION 7. All previous resolutions adopting regulations for candidate statements are repealed.
PASSED, APPROVED AND ADOPTED this 11th day of June 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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CITY OF HEMET RESOLUTION NO. 2024-XXX 5
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 11th day of June, 2024, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HEMET, CALIFORNIA, CALLING AND GIVING NOTICE OF
A GENERAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 5, 2024, FOR THE ELECTION OF THE OFFICE
OF CITY TREASURER AND CITY COUNCIL MEMBER IN
DISTRICT 1, DISTRICT 3; AND DISTRICT 4, AND
REQUESTING THE REGISTRAR OF VOTERS, COUNTY OF
RIVERSIDE TO CONDUCT THE ELECTION
The City Council of the City of Hemet (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, pursuant to the requirements of the laws of the State of California relating to general law cities, the City Council of the City of Hemet, calls and orders to be held in the City of Hemet, California, on Tuesday, November 5, 2024, a consolidated general municipal election for City Treasurer and the members of the City Council in District 1, District 3, and District 4 which shall end December 2028; and WHEREAS, The City Council requests the Register of Voters, County of Riverside, to conduct the consolidated election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET DOES HEREBY FIND AND RESOLVE TO:
SECTION 1. That pursuant to the requirements of the laws of the State of California relating to general law cities within said state, there shall be, and there is hereby called and ordered held in the City of Hemet, California on Tuesday, November 5, 2024, a general municipal election of the qualified electors of said city for
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CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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the purpose of electing City Treasurer and members of the City Council in District 1, District 3, and District 4, which shall end on December 2028. City Council Districts are defined in the Hemet Municipal Code Section 2-45 - Establishment of City Council Electoral Districts.
SECTION 2. That the ballots to be used at the election shall be in form and content as required by law.
SECTION 3. That the polls for said election shall be open at seven o'clock a.m. on the day of the election, and shall remain open continuously from said time until eight o'clock p.m. of the same day when said polls shall be closed, pursuant to Elections Code §10242, except as provided in § 14401 of the Elections Code of the State of California.
SECTION 4. That in all particulars not recited in this Resolution, said election shall be held and conducted as provided by law for holding municipal elections in said city.
SECTION 5. That the City shall reimburse the County Registrar of voters for services performed when the work is completed and upon presentation to the City of a properly approved bill.
SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.
SECTION 7. That the City Clerk is directed to forward without delay to the County Registrar of Voters a certified copy of this Resolution.
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CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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SECTION 8. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED AND ADOPTED this 11th day of June 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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CITY OF HEMET RESOLUTION NO. 2024-XXX 4
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 11th day of June, 2024, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HEMET, CALIFORNIA, CALLING FOR THE HOLDING OF A
GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 5, 2024 FOR THE ELECTION OF
THE OFFICE OF CITY TREASURER AND CITY COUNCIL
DISTRICT 1, DISTRICT 3 AND DISTRICT 4, AS REQUIRED
BY THE PROVISIONS OF THE LAWS OF THE STATE OF
CALIFORNIA RELATING TO GENERAL LAW CITIES
The City Council of the City of Hemet (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on Tuesday, November 5, 2024 for the election of a Municipal Officer.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET DOES HEREBY FIND AND RESOLVE TO:
SECTION 1. That pursuant to the requirement of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Hemet, California on Tuesday, November 5, 2024 a General Municipal Election for the purpose of electing City Treasurer and three members of the City Council for the term of office, four (4) years,
SECTION 2. That the ballots to be used at the election shall be in form and content as required by law.
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CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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SECTION 3. That the City Clerk is authorized, instructed and directed to coordinate with the Riverside County Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
SECTION 4. That the polls for the election shall be open at seven o’clock (7:00) a.m. of the day of the election and shall remain open continuously from the time until eight o’clock (8:00) p.m. of the same day when the polls shall be closed, pursuant to Elections Code §10242, except as provided in § 14401 of the Elections Code of the State of California.
SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form and manner as required by law.
SECTION 7. That in the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the Riverside County Registrar of Voters, the City Council, in accordance with Elections Code § 15651(b), shall conduct a special runoff election to resolve the tie vote and such special runoff election is to be held on a Tuesday not less than 40 days nor more than 125 days after the administrative or judicial certification of the election which resulted in a tie vote.
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CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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SECITON 8. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
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CITY OF HEMET RESOLUTION NO. 2024-XXX 4
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PASSED, APPROVED AND ADOPTED this 11th day of June 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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CITY OF HEMET RESOLUTION NO. 2024-XXX 5
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 11th day of June, 2024, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jun 11 2024
Department: Fire Department
Submitted by: Mark Prestwich, City Manager
Eddie Sell, Fire Chief;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, Accepting the FY2023 Grant Funding of $12,883 from the State Homeland Security Grant Program (SHSP), Administered through Riverside County Emergency Management Department for CERT, and Authorizing the Administrative Services Director to Establish Appropriations in Public Safety Fund #232 for the Grant Performance Period
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
1. Adopt a Resolution of the City Council of the City of Hemet, California, accepting the grant from the State Homeland Security Grant Program administered through the Riverside County Emergency Management Department for CERT in the amount of $12,883 for the period of April 9, 2024 to May 31, 2025.
2. Authorize the Finance Director to establish appropriations in the Public Safety Grant Fund #232 to reflect the award amount of $12,883 under CERT.
BACKGROUND:
The Community Emergency Response Team (CERT) concept was developed and implemented by the Los Angeles City Fire Department in 1985. The Whittier Narrows earthquake in 1987 underscored the area-wide threat of a major disaster in California. Further, it confirmed the need for training civilians to meet their immediate needs. CERT became a national program in 1993. There are now CERT programs in all 50 states, including many tribal nations and U.S. territories. Each is unique to its community and all are essential to building a Culture of Preparedness in the United States. There are over 2,700 local CERT programs nationwide and more than 600,000 people have trained since CERT became a national program.
The CERT program educates volunteers about disaster preparedness for the hazards that may impact their area and trains them in basic disaster response skills, such as fire safety, light search and rescue, team organization, and disaster medical operations. CERT offers a consistent,
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nationwide approach to volunteer training and organization that professional responders can rely on during disaster situations, allowing them to focus on more complex tasks.
The Hemet City Council has previously approved participation in the California Office of Homeland Security Grant Program for the CERT training. Participation includes applying for available grant funds for training exercises and equipment to expand and increase the readiness of CERT Teams throughout the San Jacinto Valley. The City first applied for this funding in 2013 and has been awarded funds each year for CERT. Through the SHSP Grant program, the City has been awarded $129,371 since its initial application. The annual awards have ranged from $10,000 to $42,000.
These funds have been used to purchase equipment and fund training for local CERT members.
ANALYSIS:
The 2023 SHSP Grant for CERT will allow for the continuation of capable, equipped, and trained CERT respective their within citizens of needs immediate the to see to members Team neighborhoods in the event of a major catastrophic incident until City of Hemet first responders become available.
This purchase of a tow-behind trailer for CERT will become the permanent storage unit for the previously purchased equipment for Hemet's CERT Team. This tow-behind trailer will house a portable generator, tables, chairs, tools, shovels, wood cribbing, pinch point bars, wrench bars, lifting jacks, and jack stands.
This will provide ease of access and inventory accountability.
DISCUSSION:
Based on the projected operational priorities, the Fire Department plans to adhere to the following expenditure plan:
Tow-Behind Trailer, which will house and transport the items that were purchased with the previous 2022 SHSP Grant for CERT. This will reduce work hours preparing for the 20-hour community CERT training.
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
Objective 2: Explore and implement homelessness solutions for the City of Hemet.
Objective 3: Increase Public Safety visibility and response.
GOAL FOUR: PARTNERSHIP & COLLABORATION
To pursue partnerships that will increase the opportunities available to the community, including our businesses, unemployed, and youth populations.
Objective 1: Develop concepts and programs to increase opportunities for youth recreation.
Objective 2: Develop concepts and programs to enhance the quality of life services.
Objective 3: Develop programs to offer support to the community's businesses
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GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
Objective 3: Provide Council with policies that are consistent while lessening liabilities.
Objective 4: Increase employee retention by training and creating a positive workplace.
Objective 5: Streamline fire prevention coordination efforts.
FISCAL IMPACT:
There is no impact to the General Fund as funds spent out of the Public Safety Grant Fund #232 are reimbursed through this grant; however, the Administrative Services Director will need to establish appropriations in Public Safety Grant Fund #232 to reflect the grant award.
ATTACHMENT(S):
Attachment 1: Resolution CERT Grant
Attachment 2: Hemet FD_FY23 SHSP Award Letter
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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, ACCEPTING THE FY2023
GRANT FUNDING OF $12,883 FROM STATE HOMELAND
SECURITY GRANT FOR CERT, AND AUTHORIZING THE
ADMINISTRATIVE SERVICES DIRECTOR TO ESTALISH
APPROPRIATIONS IN PUBLIC SAFETY FUND #232 FOR
GRANT PERFORMANCE PERIOD
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the Community Emergency Response Team (CERT) program educated volunteers and disaster preparedness for hazards that may impact their area and trains them in basic disaster response skills, such as fire safety, light search and rescue, team organization, and disaster medical operations. CERT offers a consistent, nationwide approach to volunteer training and organization that professional responders can rely on during disaster situations, allowing them to focus on more complex tasks.
WHEREAS, the Hemet City Council has previously approved participation in the California Office of Homeland Security Grant Program for the Community Emergency Response Team (CERT) training. Participation includes applying for available grant funds for exercises and equipment to expand and increase the readiness of CERT team throughout the San Jacinto Valley
WHEREAS, the 2023 SHSP Grant for Cert will allow for the continuation of capable, equipped, and trained CERT Team members to see to immediate needs of
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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
citizens with in their respective neighborhoods in the event of a major catastrophic incident until City of Hemet first responders become available.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1. ACCEPT the grant from the State Homeland Security Grant Program administered through the Riverside County Emergency Management Department for CERT in the amount of $12,883 for the period of April 9, 2024 to May 31, 2025.
SECTION 2.AUTHORIZE the Administrative Services Director to establish appropriations and increase estimated revenues in Public Safety Grant Fund #232 to reflect the award amount of $12,883 to CERT to cover the purchase of necessary equipment.
PASSED, APPROVED AND ADOPTED this 11th day of June, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 11th day of June, 2024, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
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450 E ALESSANDRO BLVD. RIVERSIDE, CALIFORNIA 92508
T: 951.358.7100 ♦ F: 951.358.7105 ♦ WEB: WWW.RIVCOREADY.ORG ♦ TDD: 951.358.5124
Bruce Barton, Director
Emergency Management Department
April 9, 2024
City of Hemet FD
Eddie Sell, Fire Chief
Laura Axcell, Battalion Chief
RE: FY23 State Homeland Security Program Grant (SHSP) Award - $12,883 Grant #2023-0042 CFDA#: 97.067
The California Office of Emergen cy Services (CalOES) has approved Riverside County’s FY 23 State Homeland Security Program Grant (SHSP) application and has authorized the commencement of reimbursement requests .
The performance period of this grant is April 9, 2024 – May 31, 2025. Final reimbursement requests are due within twenty (20) calendar days after the end of the grant period of performance.
This subaward is subject to requirements in 2 CFR, Part 200, including the Notice of Funding Opportunity (N OFO), Preparedness Grants Manual, California Supplem ent to the NOFO, Riverside County Supplement to the NOFO, Grant Assurances, and all applica ble federal, state, and local requirements. All activities funded with this subaward must be completed within the period of performance.
The Riverside County Operational Area (OA) may reduce, suspend, or terminate grant funding, in whole or in part, or other measures may be imposed for any of the following reasons:
• Failure to submit required performance reports.
• Failure to expend a minimum of 90% of awarded funding. • Failure to expend funds in a timely manner consistent with the grant milestones, guidance, and assurances.
• Failure to comply with the requirements or statutory progress toward the goals or objectives of federal or state law.
• Failure to make satisfactory progress toward the goals or objectives set forth in the Subrecipient application.
• Failure to follow Grant Subaward requirements or special conditions. • Proposing or implementing substantial plan changes to the extent that, if originally submitted, the application would not have been selected for funding.
• False certification in the application or document.
• Failure to adequately manage, monitor, or direct the grant funding activities of the organization.
Subrecipients must o btain a dditional wr itten approva l prior to incurring costs for activities such as aviation, watercraft, noncompetitive procurement, and projects requiring Env ironmental Planning and Historic Preservation review. Any changes to the Financial Management Forms Workbook requires approval from the OA prior to conducting activities and incurring costs.
Your organization’s Financial Management Forms Workbook i s bei ng provided to you via email along with a copy of this letter. The Facesheet, Governing Body Resolution, Grants Management Assessments form, Standard Assurances, EHP Screening Form (if applicable) must be read, signed, and dated by your authorized agent in blue ink and returned to
[email protected] by July 9, 2024. Requests will not be pr ocessed without the acceptance documents on file.
This subaward is subject to all provisions of 2 CFR Part 200, Subpart F – Audit Requirements. Any funds received in excess of current needs, approved amou nts, or those found owed as a result of a final review or audit, must
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450 E ALESSANDRO BLVD. RIVERSIDE, CALIFORNIA 92508
T: 951.358.7100 ♦ F: 951.358.7105 ♦ WEB: WWW.RIVCOREADY.ORG ♦ TDD: 951.358.5124 be refunded to the OA within 30 days upon receipt of an invoice from the Count y of Riverside Emergency Management Department.
For further assistance, please contact [email protected]. We look forward to wor king with you and appreciate your cooperation and support.
Sincerely,
Louis Le
Senior Administrative Services Analyst
County of Riverside Emergency Management Department
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jun 11 2024
Department: Administration
Submitted by: Mark Prestwich, City Manager
Mark Prestwich, City Manager;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing
TITLE:
Approval of City Council Fiscal Year 2024-25 Strategic Plan Action Items
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Approve the City Council Fiscal Year 2024-25 Strategic Plan Action Items.
BACKGROUND:
Developing an agreed-upon and unified City Council vision for the upcoming fiscal year’s organizational priorities provides several benefits for the organization:
Provides a clear message from the City Council to the community and staff of what the City Council aims to accomplish;
Supports the City Council’s proactive focus on accomplishing work objectives rather than reacting to issues;
Assists in allocating staff time and other needed resources, including budget appropriations to support project delivery/initiatives;
Fosters consensus on policies and projects within the City Council; and Creates a more transparent and accountable government.
The Hemet City Council adopted the City's Strategic Plan on June 23, 2021, after holding a series of strategic planning meetings and a community meeting to garner public input. The Council identified five overarching priorities and included milestones toward improving quality of life, increasing economic opportunities, and improving the overall health of the Hemet community.
ANALYSIS:
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On April 3, 2024, the Hemet City Council held a Priority Setting Workshop to establish Fiscal Year 2024-25 Action Items in support of the City's Strategic Plan. Action Items represent Council-directed priority tasks and initiatives over the next 12 months that support Strategic Plan goals.
The Workshop consisted of the following items:
Review of the City of Hemet Vision and Mission Statement Review of 2023-34 Strategic Plan Goals and Objectives Discussion of Fiscal Year 2024-25 Action Items
At the workshop, the Council affirmed its Vision and Mission Statement and the five overarching Strategic Plan Goals, including:
Quality of Life - To ensure that Hemet is safe, clean, attractive, and comfortable for all who live, work, and visit.
Economic Opportunity - To ensure that Hemet is a hub with access to quality jobs, shopping options, and a varied and sustained tax base.
Community Engagement - To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.
Partnership and Collaboration - To pursue partnerships that will increase the opportunities available to the community, including our businesses, unemployed, and youth populations. Organizational Effectiveness - To identify the work needed inside the City organization to provide services to the community and ensure financial stability effectively.
The Council also identified 39 draft FY 2024-25 Action Items in support of the Strategic Plan goals.
DISCUSSION:
The resulting FY 2024-25 Strategic Plan Action Items are prioritized and a tracking spreadsheet has been developed to assign responsibility to various initiatives. This document will be brought to the City Council quarterly to provide a status report on progress.
PREVIOUS COUNCIL ACTION:
The City Council held a Workshop on April 3, 2024, to identify and prioritize proposed Fiscal Year 2024-25 Strategic Plan Action Items. At their meeting on May 28, 2024, the City Council reviewed the draft Fiscal Year 2024-25 Action Items, and provided feedback on priority levels and tasks they would like to serve as liaisons to.
STRATEGIC PLAN INTEGRATION:
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
Objective 3: Provide Council with policies that are consistent while lessening liabilities.
Objective 4: Increase employee retention by training and creating a positive workplace.
Objective 5: Streamline fire prevention coordination efforts.
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FISCAL IMPACT:
The draft Fiscal Year 2024-25 budget supports implementation of the Council's proposed Strategic Plan Action Items.
ALTERNATIVE(S):
Provide alternate direction to the City Manager.
ATTACHMENT(S):
Attachment 1_ DRAFT FY 2024-25 City of Hemet Strategic Plan
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DRAFT City of Hemet Strategic Plan Action Items – FY 2024-25 June 5, 2024
(A) Action Item
(B) Success Indicator (C) Responsible
Department
or Division
(D) Support Group(s) /
Council Liaison (s) (E) Complete? (F) Status/Comments
(G) Workshop
Prioritization
Exercise
1 Establish City Customer Service
Policy
Adoption/Implementation
of Policy
City Manager’s
Office
Councilmember Kendrick
2 Identify and prioritize
opportunities for solar light
installation; install up to
$150,000 of lighting
improvements in FY 2024-25.
Prioritization
opportunities shared with
City Council; installation
complete.
Public Works
3 Prioritize neighborhood code
enforcement quality of
life/nuisance/distressed
property issues by dedicating
50% of each Friday Code
Enforcement Officer’s staff time
to proactive engagement (e.g.
weed abatement, curb appeal,
etc.)
Number of courtesy
warnings/letters issued
and amount resolved
within 20-day period
before a $50 citation is
issued and subsequent
code enforcement efforts
occur.
Department of
Life Safety -
Code
Enforcement
Division
Clean Up/Graffiti Ad Hoc
4 Develop and implement:
1 – Spring or Fall Arts Festival
2 – Wall Murals
3 – Fall or Spring
Music/Concerts in Park Series
4 – Valley of the Mastodon
Concept throughout City
Implementation of
Festival
Community
Development +
Communications
and Event
Coordinator
Arts and Culture Ad Hoc
5 Complete update to City Council
Protocols
Adoption of Updated City
Council Protocols
City Manager Council Protocols Ad Hoc Continuation of FY 2023-24 Council Action item
6 In partnership with Valley Wide
and EMWD, negotiate lease
with Metropolitan Water
District for use of land for eight
soccer fields; Advance and
complete design for eight
artificial turf soccer fields,
adjacent parking lot, and
required restroom facilities.
Negotiated agreement
with Metropolitan Water
District for property to
construct eight soccer
fields. Complete design of
soccer fields, parking lot,
and restroom facilities.
Public Works
(Lead) + City
Manager’s
Office +
Planning
(Economic
Development)
Valley Wide, EMWD,
Mayor Males
7 Consideration of State and Contract is established City Manager’s Councilmember Lilienthal Funding in Draft Budget Highest Priority
High Priority
Important Priority
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Federal lobbyist services Office
8 Identify locations, sequencing,
land acquisition strategy, and
funding requirements/options
for location of future Fire
Stations 6, 7, and 8 to meet
NFPA Emergency Response
Standards
Future Fire Station 6, 7,
and 8 are identified,
sequencing, and funding
requirements/options are
identified
Fire Department Councilmembers +
Kendrick
9 Completion of 25 CIP Projects
and progress another 7 closer to
completion (see the 7 below)
5723 – Devonshire & Warren
Traffic Signal (in Design)
5661- Oakland water
transmission line (in Design)
5656 – 4” to 8” water main
upgrades (in Design)
5706 – Esplanade South Side
Improvements (In Design)
5657 – Citywide water main
replacements (In Design)
5717 – Treatment Plant for
wells 15 & 16 (Design Build RFP
issued in Q4 23/24
Library Solar & Standby
generator (grant awarded)
Completion and
advancement of projects.
Public Works
10 Conduct independent staffing
study and professional
review/recommendations to
improve City development
review process
Completion of study City Manager’s
Office
Business Outreach Ad
Hoc
11 Update Hemet brand, identity,
and story
Implementation of brand
and marketing efforts
City Manager’s
Office +
Economic
Development
Manager
Business Outreach Ad
Hoc
12 Enhance audio in City Council
Chambers
Completion of project IT Mayor Males
13 Establish employee retention
and recruiting benchmarks;
provide written quarterly and
annual updates to the City
Council via email
Establish and implement
monitoring and reporting
procedures, as well as
targeted annual goals
Human
Resources
Councilmember Kendrick
14 Create/Revise the Shopping
Cart Ordinance
Adoption of amended
Ordinance.
City Manager’s
Office
(Community
Solutions
Coordinator) +
Homeless Outreach Ad
Hoc
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City Attorney
(Lead)
15 Develop 20-year road
rehabilitation and funding
strategy
Options shared with City
Council
Public Works
(Lead) + Admin
Services
MOVE TO GREEN???
16 Development “Shovel ready”
plan to modernize, expand, and
beautify Simpson Park
Complete of plan Public Works
(Lead) + Police
Staff developed plan (no consultant)
17 Plan and Implement Sierra
Dawn Median Beautification
Project
Completion of phased
projects
Public Works Anticipates three consecutive years of
partnership/median beautification projects
18 Creation of City Economic
Development Strategy
Adoption and
implementation of
Strategy
Economic
Development
Manager
Business Outreach Ad
Hoc
Draft plan has been developed. Next step is
review with Business Ad Hoc.
19 Improve landlord property
compliance citywide
Compliance
documentation
Code
Enforcement
Clean up/Graffiti Ad Hoc
20 Plant trees throughout the City
through public outreach
Planting at least 40 trees
citywide
Public Works +
City Manager’s
Office
21 Identify additional options for
youth engagement activities
Present options to City
Council in public
workshop and receive
feedback/direction
City Manager’s
Office
Mayor Males +
Councilmember Lilienthal
Continuation of FY 2023-24 Council Action
Item
22 Identify a management entity
for Simpson Memorial Center
Identify and present
options and cost
considerations to City
Council
Public Works Mayor Males Continuation of FY 2023-24 Council Action Item
23 Develop prioritized
plan/options/funding
requirements for landscaping
enhancements on City streets
and transportation corridors
including Domenigoni Parkway
Present
plan/options/funding to
City Council
Public Works
24 Consider conversion of private
streets to public streets to
improve condition and
maintenance of streets
Prioritize options for
potential conversion of
private streets to public
streets
Public Works
25 Fast track qualifying
development projects
Identify qualifying
projects, update Codes,
market and implement
initiative
Community
Development
Department +
Economic
Development
Manager
Councilmember Kendrick
26 Actively pursue businesses that
require skilled labor/have high
paying jobs)
Documentation of
number of business
outreach efforts +
business expansion/jobs
created
Economic
Development
Manager
Business Outreach Ad
Hoc
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27 Identify uses for City-owned
land (including business
opportunities)
Prioritization of
opportunity sites and
number of secured
use/lease agreements
Economic
Development
Manager
28 Modify City Hall and Covell
Building to fully staffed five days
per week
Implementation requires
meet/confer and
agreement with impacted
bargaining units
Human
Resources
29 Creation of a Youth Council Develop and adopt
program, complete Youth
Council recruitment and
launch initiative
City Clerk Councilmember Lilienthal
30 Identify options for horse tours,
City stable, and horse patrols
Present options to City
Council for consideration
Police
Department
Councilmember Petersen
31 Consider creation of a Business
Incubator with possible
veterans and arts focus
Presentation of options to
City Council
Economic
Development
Manager
Business Outreach Ad
Hoc
32 Revamp Community Dog Park
with new amenities + games,
dog parades, etc.
Prioritization and
implementation of
recommendations
Public Works Councilmember Kendrick
33 Design “Shovel ready” Fire
Station 2 Expansion Plan to
Accommodate Squad
Completion of plans Fire Department
34 Engage community and park
design professional to plan
“Shovel ready” improvements
to Weston Park
Completion of plans Public Works
35 Create a Community Garden Identify site + partner(s) + implementation
Public Works
36 Design “Shovel ready”
expansion plan for Fire Station
Training Facility Complex
Completion of plans Fire Department
37 Consideration of eliminating
City’s wrought iron security
fencing requirement around
commercial developments
Present more attractive
solutions in lieu of fencing
to encourage attractive
commercial
developments to the City
Planning Planning Commission
38 Development of a Police Cadet
youth pipeline program
Measuring the number of
youth connected with
employment
opportunities
Police
Department
Councilmember Lilienthal Continuation of FY 2023-24 Council Action Item
39 Secure and install a “Managed
Detection and Response” (MDR)
Solution for cyber readiness
MDR Installation is
completed
IT
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jun 11 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:
Second Reading and Adoption of Ordinance 2034, an Ordinance of the City of Hemet, California, Amending Various Sections of Chapter 90 (Zoning) of the Municipal Code in accordance with Housing State Law and the City's Housing Element, including Article XXVII. Overlay Zones, Article X.
Special Housing Classifications, and Hemet Municipal Code Section 90-893 Permitted Uses for Emergency Shelter Overlay Zone at the Valley Restart Shelter; and Amendment to Article X. Special Housing Classifications related to Ordinance No. 2023-2015 for Emergency Sleeping Cabins at Valley Restart.
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Waive further reading and adopt Ordinance 2034, an Ordinance of the City of Hemet, California, Amending Various Sections of Chapter 90 (Zoning) of the Municipal Code in accordance with Housing State Law and the City's Housing Element, including Article XXVII. Overlay Zones, Article X.
Special Housing Classifications, and Hemet Municipal Code Section 90-893 Permitted Uses for Emergency Shelter Overlay Zone at the Valley Restart Shelter; and Amendment to Article X. Special Housing Classifications related to Ordinance No. 2023-2015 for Emergency Sleeping Cabins at Valley Restart.
PREVIOUS COUNCIL ACTION:
MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL MEMBER LILIENTHAL, CARRIED 5-0, to introduce, read by title only, and waive further reading of an Ordinance of the City Council of the City of Hemet, California, amending Various Sections of Chapter 90 (Zoning) of the Municipal Code in accordance with Housing State Law and the City's Housing Element, including Article XXVII. Overlay Zones, Article X. Special Housing Classifications, and Hemet Municipal Code Section 90-893 Permitted Uses for Emergency Shelter Overlay Zone at the Valley Restart Shelter; and Amendment to Article X. Special Housing Classifications related to Ordinance No. 2023-2015 for Emergency Sleeping Cabins at Valley Restart.
STRATEGIC PLAN INTEGRATION:
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GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Explore and implement homelessness solutions for the City of Hemet.
ATTACHMENT(S):
Attachment 1 CC Ordinance
Attachment 2 ARTICLE XXVI. Section 90-893 Permitted Uses Clean Text Version Attachment 3 ARTICLE XXVII. Division 4 Emergency Shelter Overlay Zone Clean Text Version Attachment 4 ARTICLE X. Special Housing Classifications Clean Text Version
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CITY OF HEMET ORDINANCE NO. 2024-XXX 1
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CITY OF HEMET
HEMET, CALIFORNIA
ORDINANCE NO. 2024-2034
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, AMENDING VARIOUS
SECTIONS OF CHAPTER 90 (ZONING) OF THE
MUNICIPAL CODE IN ACCORDANCE WITH HOUSING
STATE LAW AND THE CITY'S HOUSING ELEMENT,
INCLUDING ARTICLE XXVII. OVERLAY ZONES,
ARTICLE X. SPECIAL HOUSING CLASSIFICATIONS,
AND ARTICLE XXVI. SECTION 90-893 PERMITTED
USES FOR ESTABLISHMENT OF AN EMERGENCY
SHELTER OVERLAY ZONE AT THE VALLEY RESTART
SHELTER; AND AMENDMENT TO ARTICLE X SPECIAL
HOUSING CLASSIFICATIONS RELATED TO
ORDINANCE NO. 2023-2015 FOR EMERGENCY
SLEEPING CABINS AT VALLEY RESTART.
WHEREAS, it is incumbent upon the City to maintain an accurate and orderly zoning ordinance; and
WHEREAS, the proposed ordinance amends and includes Non-Conforming Section in the zoning ordinance (Chapter 90 of the Hemet Municipal Code); and WHEREAS, the proposed text revisions of Zoning Ordinance Amendment No. 24-003 will not substantially alter existing land use policy or development processing procedures; and
WHEREAS, approval of these zoning ordinance amendments will not detrimentally affect the health, safety, or welfare of residents of the City of Hemet; and
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CITY OF HEMET ORDINANCE NO. 2024-XXX 2
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WHEREAS, on May 7, 2024, the Planning Commission was presented with a draft of this Ordinance and, after conducting a duly noticed public hearing, voted to recommend that the City Council approve Ordinance; and
WHEREAS, on the May 28, 2024, the City Council considered the Ordinance, the Planning Commission’s findings, and the record of information regarding Zoning Ordinance Amendment No. 24-003 at a duly noticed public hearing, at which time interested persons had an opportunity to provide testimony on this matter.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1.FINDINGS. The recitals set forth above are true and correct.
SECTION 2. AMENDMENT OF PARAGRAPH B OF SECTION 90-893 OF CHAPTER 90 (ZONING), OF ARTICLE XXVI (COMMERCIAL ZONES) OF THE HEMET MUNICIPAL CODE IS HEREBY AMENDED TO READ AS FOLLOWS:
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CITY OF HEMET ORDINANCE NO. 2024-XXX 3
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CITY OF HEMET ORDINANCE NO. 2024-XXX 4
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SECTION 3. ADDING DIVISION 4. EMERGENCY SHELTER OVERLAY ZONE TO ARTICLE XXVII. OVERLAY ZONES OF THE HEMET MUNICIPAL CODE AS FOLLOWS:
Secs. 90-960—90-979. Reserved.
DIVISION 4. EMERGENCY SHELTER OVERLAY ZONE
Sec. 90-956. Purpose.
The purpose of this section is to establish an emergency shelter overlay zone, where emergency homeless shelter may be established without the need of a conditional use permit.
Sec. 90-957. Permitted Location; designation on zoning map.
The City identifies parcels of land, located one block east of the Menlo Avenue and State Street intersection, as acceptable for permitting the establishment of an emergency shelter pursuant to Government Code § 65583, subdivision (a)(4) without requiring a conditional use permit.
Mixed use, as an integrated mix of supporting residential and office/commercial uses on the site identified in conjunction with wrap around services, including low barrier navigation center pursuant to California Civil Code § 51.3.5 to support the emergency homeless shelter is acceptable for permitting without requiring a conditional use permit.
This area is located within the zone C-1 Neighborhood Commercial Zone, and is subject to the development standards in effect, except as provided in Section 90-959. The city amends the zoning code to create an overlay zone located exclusively on the parcels described above. Whenever the overlay zone is placed on the official zoning map, the designation shall be as indicated in the map legend.
Sec. 90-958. Permit requirements.
A. Emergency shelter facilities shall comply with all Federal and California State licensing requirements.
B. Emergency shelter facilities and all other ancillary or mixed use or residential supportive uses shall comply with all applicable Uniform Building and Fire Codes, including maximum occupancy restrictions.
C. The property must be located within the emergency shelter overlay zone Sec.90-959. Development Standards.
Emergency shelter shall comply with all standards provide by this chapter.
A. Development Standards.
1. Location and Separation.
a. Emergency shelter facilities should be located within one-half mile of a transit corridor or existing bus route.
b. All emergency shelter programs must be situated more than three hundred feet from any other emergency shelter or similar shelter program.
2. Physical Characteristics.
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CITY OF HEMET ORDINANCE NO. 2024-XXX 5
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a. The size of an emergency facility shall be in character with the surrounding neighborhood and in compliance with the development standards of the C-1 Neighborhood Commercial Zone. b. The maximum number of beds for the existing emergency shelter shall be fifty (50) with the opportunity for expansion (new construction) up to 100 beds, excluding Palette Shelter Pilot Program units.
c. Smoke detectors, approved by the Fire Department, must be provided in all sleeping and food preparation areas.
d. Fire sprinklers designed to 2022 NFPA 130 may be required for new construction. e. At least one accessible route shall be provided within the site from accessible parking spaces and accessible parking loading zones, public streets and sidewalks, and public transportation stops, to the accessible building or facility entrance they serve. If more than one route is provided, all routes must be accessible.
f. The site shall provide adequate space for emergency response vehicles. g. The facility shall have adequate private living space, shower and toilet facilities and secure storage areas for its intended residents.
h. The facility shall have at least one room, which has one hundred twenty square feet of floor area.
Other habitable rooms shall have an area not less than seventy square feet. When more than two persons occupy a room used for sleeping purposes, the required floor area shall be increased at the rate of fifty square feet for each occupant in excess of two.
B. Operational and Management Standards.
1. 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.
2. If an emergency shelter includes a drug or alcohol abuse counseling component, appropriate State and/or Federal licensing shall be required.
3. The emergency shelter shall provide accommodations appropriate for a maximum stay of one hundred eighty (180) days per client/family.
4. Parking. The emergency shelter shall accommodate sufficient parking for staff given that it does not require more parking for emergency shelters than other residential or commercial uses within the same zone.
5. Client intake area. The client intake area shall be not less than 500 square feet in total floor area.
6. 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.
4. The emergency shelter shall identify a transportation system that will provide its clients with a reasonable level of mobility including, but not limited to, access to social services, housing and employment opportunities.
5. The emergency shelter shall include clear and acceptable arrangements for facility occupants, such as on-site meal preparation or food provision and disbursement.
6. The emergency shelter, where applicable, shall provide child care services and ensure that school-aged children are enrolled in school during their stay at the facility.
7. The emergency shelter provider shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, security, screening of residents to ensure compatibility with services provided at the facility and for training, counseling, and treatment programs for occupants.
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CITY OF HEMET ORDINANCE NO. 2024-XXX 6
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8. Emergency shelters shall establish written expectations of residents – behavioral, medical, etc.
Expectations of residents will be available to each resident at entry to the shelter, and to the public (upon request).
9. Emergency shelters shall have infection control policies in accordance with guidelines of the Centers for Disease Control covering but not necessarily limited to HIV/AIDS, hepatitis, and tuberculosis.
10. Emergency shelters shall maintain a record of clients and visitors at all times. Clients will have immediate twenty-four (24) hour access to shelter staff and no walk-in services will be provided at any time in the safe house itself.
11. Emergency shelters shall provide on-site management and support staff at all times during shelter use.
Secs. 90-960—90-979. Reserved.
SECTION 4. AMENDMENT TO SECTION 90-262 OF CHAPTER 90
(ZONING), ARTICLE X. SPECIAL HOUSING CLASSIFICATIONS, DIVISION 1.
BOARDING HOUSES AND GROUP HOMES OF THE HEMET MUNICIPAL CODE TO READ AS FOLLOWS:
Sec. 90-262. Definitions.
For the purposes of this article X, the following definitions shall apply:
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.
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CITY OF HEMET ORDINANCE NO. 2024-XXX 7
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(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.
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.
SECTION 5. AMENDMENT TO CHAPTER 90 (ZONING), ARTICLE X.
SPECIAL HOUSING CLASSIFICATIONS, DIVISION 1. BOARDING HOUSES AND GROUP HOMES OF THE HEMET MUNICIPAL CODE TO READ AS FOLLOWS:
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CITY OF HEMET ORDINANCE NO. 2024-XXX 8
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CITY OF HEMET ORDINANCE NO. 2024-XXX 9
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CITY OF HEMET ORDINANCE NO. 2024-XXX 10
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CITY OF HEMET ORDINANCE NO. 2024-XXX 11
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SECTION 5. CEQA FINDINGS. The City has analyzed this proposed project and has determined that it is exempt from the California Environmental Quality Act (CEQA) under section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment. Nothing herein constitutes the City’s approval of any applications, Development Project entitlements and/or permits. Therefore, ZOA 24-003 amendment to the zoning code in itself will not result in any physical project and will not result in any physical change to the environment and does not affect the land use or density limitations of the General Plan. Therefore, it can be seen with certainty that there is no possibility that this Ordinance may have a significant adverse effect on the environment, and therefore, the adoption of this Ordinance is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. The ordinance is also exempt from review under CEQA Guidelines § 15269(c) as it is an action “necessary to prevent or mitigate an emergency.” Specifically, the proposed ordinance is designed to mitigate the City’s shelter crisis, as declared by the City Council on September 25, 2018 (Resolution No. 4837) under Government Code § 8698 et seq.
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CITY OF HEMET ORDINANCE NO. 2024-XXX 12
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SECTION 6. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days from its passage by the City Council of the City of Hemet.
SECTION 8. NOTICE. The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Section 39633(c).
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CITY OF HEMET ORDINANCE NO. 2024-XXX 13
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INTRODUCED at the regular meeting of Hemet City Council on the 28 th day of May 2024.
APPROVED AND ADOPTED this 11th day of June, 2024.
____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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CITY OF HEMET ORDINANCE NO. 2024-XXX 14
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the _ day of January, 2024, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
17.J
Created: 2023-12-21 10:55:02 [EST]
(Supp. No. 66, Update 1)
Sec. 90-893. Permitted uses.
In the OP, C-1, C-2, and C-M zones, permitted and conditionally permitted uses shall be as listed within the "land use matrix."
(1) Whenever a business is conducted, a city business license is required pursuant to chapter 18. (2) Additional Municipal Code requirements and standards may apply to specific land uses as identified in the land use matrix under "additional requirements."
(3) All other uses not specifically listed in the matrix shall be interpreted as not permitted unless a similar use determination is made by the director pursuant to section 90-3. (4) The definitions of section 90-4 shall apply. Uses not defined in section 90-4 shall be as determined by the director.
COMMERCIAL ZONES LAND USE MATRIX
P=Permitted Use
A=Administratively Permitted Use
C=Conditionally Permitted Use
T=Temporary Use Permit
X=Not Permitted
Requirements: Additional or explanatory regulations or requirements
LAND USE ZONE ADDITIONAL
REQUIREMENTS
O-P C-1 C-2 C-M
A. Agriculture and Natural Resources
1. Plant nurseries and greenhouses
a. Wholesale C C C A
b. Retail P P P P
2. Community garden A A A A
3. Produce stands
a. Permanent X C C C
b. Temporary T T T T Sec. 90-73
B. Residential Uses
1. Boarding houses C X X X Sec. 90-261 et seq.
2. Continuing care retirement community C C C X
3. Group homes
a. Large group home (7 or more
residents)
C X X X Sec. 90-261 et seq.
b. Small group home (6 or fewer
residents)
C X X X Sec. 90-261 et seq.
c. Parolee-probationer home C X X X Sec. 90-261 et seq.
4. Mixed use, an integrated mix of
residential and office/commercial uses
on a single site
C C C X
5. Mixed use, as an integrated mix of - P - - Article XXVII, Division 4
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Created: 2023-12-21 10:55:02 [EST]
(Supp. No. 66, Update 1)
residential and office/commercial uses
on a single site in conjunction with wrap
around services to support emergency
shelter overlay zone, including low
barrier navigation center
Overlay Zone
6. Mobile home park, recreational vehicle
park, travel trailer park
X X C C Article XX or XXIII
C. Care Uses
1. Assisted living facility C C C X
2. Detention Facility Sec. 90-83
a. Community detention facility for
unaccompanied minors
X X X X Sec. 90-83
b. Private detention center X X X X Sec. 90-83
3. Emergency shelter. X X X C Article X, Division 4
4. Emergency shelter pursuant to
Government Code § 65583, subdivision
(a)(4)
X P X X Article XXVII, Division 4
Overlay Zone
5. Low barrier navigation center pursuant
to California Civil Code § 51.3.5
X P X X Article XXVII, Division 4
Overlay Zone
6. Supportive housing pursuant to
Government Code § 65582
X P X X Article XXVII, Division 4
Overlay Zone
7. Transitional housing pursuant to
Government Code § 65582
X P X X Article XXVII, Division 4
Overlay Zone
8. Skilled nursing facility C C C X
D. Education, Public Assembly, and Recreation Uses
1. Auditoriums, meeting halls, conference
facilities—public and private
C C C C
2. Church, temple synagogue or other
religious facility including, but not
limited to, parish house, convent,
parsonage, monastery, religious school
C C C C
3. Commercial recreation facility
a. Indoor (e.g., bowling alley, batting
cages, skating rinks, trampoline)
X C C C
b. Outdoor (e.g., golf course, lawn
bowling, baseball park, miniature golf,
water park)
X C C C
4. Education facilities—Private and public
a. Academic (grades preschool—12) A A A A
b. Colleges/universities A A A A
c. Professional and technical school P P P P
d. Trade school X X X P
5. Studio such as art, music, martial arts,
dance, or gymnastics
P P P P
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Created: 2023-12-21 10:55:02 [EST]
(Supp. No. 66, Update 1)
6. Theatre - movies or performing arts C C C C
7. Wedding or event venue C C C X
E. Retail Trade Uses
1. Adult business X X X C Sec. 90-18
2. Alcohol sales Sec. 90-90
a. In conjunction with an exempt land
use
P P P P
b. Liquor store X X C C
c. Microbrewery that brews its own
beer for on-site consumption
C X C C
d. All other on-sale and off-sale alcohol
sales
C C C C Sec. 90-90
3. Bank P P P P
a. With drive-through C C C C Sec. 90-1423(B)(22)
b. Financial tech companies P P P P
4. Bar or nightclub X C C C Sec. 90-90
5. Convenience store C C C C
6. General retail uses P P P P
a. Open outside the hours of 7:00 am -
10:00 pm
A A A A Sec. 90-43
b. With alcohol—Refer to alcohol sales - - - - Sec. 90-892(E)(2) c. Conversion of large retail building C C C C Sec. 90-897(e)
7. Farm equipment and supplies X X P P
8. Furniture and furnishings X P P P
9. Grocery store and bulk food outlet X P P P
a. Open outside the hours of 7:00 am—
10:00 pm
A A A A Sec. 90-43
b. With alcohol—Refer to alcohol sales - - - - Sec. 90-892(E)(2)
10. Manufactured home sales with or
without on-site display of models and
inventory
X X X P
11. Pawn shop X X C X Sec. 90-4
12. Pharmacies P P P P
a. With drive-through C C C C Sec. 90-1423(B)(22)
b. Open outside the hours of 7:00 am—
10:00 pm
A A A A Sec. 90-43
c. With alcohol—refer to alcohol sales - - - - Sec. 90-892(E)(2)
13. Resale Store (includes antique,
consignment, secondhand, and vintage)
with no donation drop-off or collection
center on-site
X P P P Sec. 90-4
14. Restaurant including coffee, donut, ice
cream
P P P P
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Created: 2023-12-21 10:55:02 [EST]
(Supp. No. 66, Update 1)
a. With live entertainment C C C C
b. With drive-through X C C C Sec. 90-1423(B)(22)
c. With outdoor seating A A A A
d. With alcohol—Refer to alcohol sales - - - - Sec. 90-892(E)(2)
15. Shopping center:
a. Regional mall or center (400,000+ sf) X X P C
b. Shopping center (125-399,999 sf) X C P P
c. Neighborhood center (30-124,999 sf) C P P P
d. Convenience or strip center (29,999
or less sf)
X P P P
16. Showroom design centers with limited
retail sale of products associated with
home improvement and decorating
P P P P
17. Thrift store (including collection center) X C C C Sec. 90-4 F. Service Uses
1. Adult day care facility P P P A
2. Animal services
a. Kennel for dogs and cats X X X C Sec. 90-78
b. Grooming/training P P P P
c. Veterinary clinic, animal hospital P P P P
3. Beauty shop, day spa, barber, nails P P P P
4. Bed and breakfast lodging A A A X
5. Business support services such as
printing, copying, shipping, postal
P P P P
6. Health and fitness centers
a. Small—less than 3,000 sf P P P P
b. Large—3,000 sf or larger A A A A
7. Childcare day facility A A C C
8. Hotel or motel C C C C Sec. 90-898
9. Laundromat X P P P
10. Laundry and dry cleaning (drop off only) P P P P
11. Marijuana dispensary, marijuana
cultivation facility, commercial cannabis
activity
X X X X Sec. 90-79
12. Massage Chapter 18, Article VII
a. Massage establishment C X C C
b. Incidental massage services offered
by barbershops, beauty salons, day
spas, nail salons
P P P P
c. Medical massage as a prescribed
treatment and offered within a medical
facility, physical therapy, or chiropractic
office
P P P P
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Created: 2023-12-21 10:55:02 [EST]
(Supp. No. 66, Update 1)
13. Medical and dental
a. Laboratory P P P P
b. Offices, clinics, medical center P P P P
c. Urgent care clinic P A P P
i. Open outside the hours of 7:00 am—
10:00 pm
A A A A Sec. 90-43
d. Hospital C C C X
e. Biotechnology company, including
laboratory for biotechnology including
medical and dental only
P P P P
f. Laboratory for biotechnology,
including molecular biology, genomics,
metabolomics, proteomics, production
of food and chemical and biofuels
C C P P
g. Biotechnology companies,
laboratories including molecular
biology, genomics, metabolomics,
proteomics, production of food and
chemicals and biofuel
C C C P
14. Mortuary with or without crematorium X X P P
15. Offices—general P P P P
16. Tattoo, body piercing X X C C
17. Tobacco store X X C C Sec. 90-80
G. Vehicle Uses
1. Automotive maintenance and repair
services
Sec. 90-897(b)
a. Major repair, body work, paint shop
including overnight vehicle storage
X X C P
b. Minor maintenance, installation
services, smog certification. No
overnight vehicle storage
X P P P
c. Tire and brake services X C P P
2. Automotive parts sales within an
enclosed building
X P P P
3. Automobile rental services X X P P
4. Car wash—self or full-service X C P P
5. Electric recharging facilities P P P P
6. Gas station, with or without a
convenience store
X C C C Sec. 90-897
7. New and used vehicle sales including
automobile, motorcycle, and marine
Sec. 90-897
a. Within a building only X P P P
b. With exterior display area X X C C
H. Industrial Uses
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Created: 2023-12-21 10:55:02 [EST]
(Supp. No. 66, Update 1)
1. Assembly of small electronics, cabinets,
furniture, equipment, and similar
materials with no outdoor storage or
operations
P X A P
2. Distribution facilities, including, but not
limited to bottled water, food products,
prepacked goods, machinery
A X A P
3. Electric battery storage technology,
including electric vehicle battery
technology, developed or manufactured
on-site.
X X X C
4. Machine shop with no outdoor
operations
X X X P Sec. 90-43
5. Manufacture, assembly, display, and
sales of modular homes
X X X P
6. Miscellaneous manufacturing—Light.
(e.g., jewelry, office supplies, cosmetics,
sporting goods) with no outdoor
storage or operations
X X X P
7. Recycling facilities
a. Donation box X X A A
b. Collection facility X X C C
c. Processing facility X X X C
8. Research and development P P P P
9. Research and development facilities for
advanced technology, such as artificial
intelligence, robotics, and computing
indoor only
P P P P
10. Stationary battery facility indoor only P P P P
11. Storage facility (personal, mini-storage) X X X C Secs. 90-4, 90-81
12. Storage and service yard including
vehicle storage
X X X C
I. Transportation, Communication, and Infrastructure Uses
1. Parking facilities P P P P Article XL
2. Solar energy systems—commercial or
utility ground mounted
X X X C
3. Solar energy systems building
mounted—non-commercial (serving the
development site)
P P P P
4. Taxi, dial-a-ride, or other fleet dispatch
and maintenance facility
X X X C
5. Wireless communication facility
a. Minor facility A A A A Article XLVI
b. Major facility C C C C Article XLVI
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Created: 2023-12-21 10:55:02 [EST]
(Supp. No. 66, Update 1)
J. Government Uses
1. Courthouse and associated facilities C X C C
2. Library P P P X
3. Maintenance yard, fueling station,
scales, car wash, overnight parking or
other vehicle services solely serving the
public facility
X X X P
4. Museum A A P A
5. Public safety facility P C C P
K. Accessory Uses
1. Accessory uses and structures P P P P Sec. 90-895(e)
2. Metal storage containers
a. Temporary use TUP TUP TUP TUP Secs. 90-73; 90-82
b. Permanent accessory structure X X P P Sec. 90-82
3. Outdoor activities accessory to a
primary use
a. Display of merchandise A A A A Sec. 90-897(e)
b. Outdoor seating A A A A
Supplemental Use Regulations
1. Accessory buildings Sec. 90-895(e)
2. Alcohol sales, on-site and off-site Sec. 90-90
3. Automotive related uses—supplemental site
standards
Sec. 90-897
4. Conversion of large retail building Sec. 90-897(e)
5. Massage establishments Chapter 18, Article VII, Sec. 211 et seq.
6. Metal storage containers Sec. 90-92
7. Outdoor display of merchandise Sec. 90-897(f)
8. Shopping cart containment Sec. 30-71 et seq.
9. Tobacco sales Sec. 90-80
(Ord. No. 1837, § 1(Exh. B), 6-14-11; Ord. No. 1852, § 4(Exh. D), 6-12-12; Ord. No. 1855, § 3(Exh. B, § 3), 9-11-12; Ord. No. 1857, § 2, 9-25-12; Ord. No. 1858, § 2(Exh. B(A)), 1-22-13; Ord. No. 1866, § 2(Exh. B), 7-23-13; Ord. No. 1867, § 2(Exh. A2), 8-13-13; Ord. No. 1892 , § 1(Exh. A3), 12-9-14; Ord. No. 1909 , § 1(Exh. D), 1-12-16; Ord. No. 1919 , § 1(Exh. 5), 9-27-16; Ord. No. 1929 , § 1(Exh. A-1), 6-13-17; Ord. No. 1943 , § 1(Exh. B), 2-27-18; Ord. No. 1944 , § 1(Exh. C), 2-27-18; Ord. No. 1949 , § 9(Exh. A, 9), 9-25-18; Ord. No. 1957, §§ 4, 5, 6-11-19; Ord. No. 1969(2020-008), § 4, 5-12-20; Ord. No. 1972, § 2, 2-9-21; Ord. No. 1982, § 2, 9-28-21; Ord. No. 1984, §§ 3, 4, 12- 14-21)
Editor's note(s)—See the note to § 90-892.
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- CODE
Chapter 90 - ZONING
ARTICLE XXVII. OVERLAY ZONES
Hemet, California, Code of Ordinances Created: 2023-12-21 10:55:03 [EST] (Supp. No. 66, Update 1)
ARTICLE XXVII. OVERLAY ZONES1
1Editor's note(s)—Ord. No. 1926 , § 2, adopted April 25, 2017 repealed the former article XXVII, §§ 90-931—90- 938, which pertained to downtown zones, and derived from Ord. No. 1837, § 1(Exh. C), adopted June 14, 2011; Ord. No. 1855, § 3(Exh. B., § 3), adopted Sep. 11, 2012; Ord. No. 1858, § 2(Exh. B(B)), adopted Jan. 22, 2013; Ord. No. 1892, § 1(Exh. A4), adopted Dec. 9, 2014; Ord. No. 1900, § 5(Exh. 2) adopted April 14, 2015; and Ord. No. 1929 , § 2(Exh. A-2), adopted June 13, 2017 enacted a new article XXVII as set out herein.
17.J
- CODE
Chapter 90 - ZONING
ARTICLE XXVII. - OVERLAY ZONES
DIVISION 1. ACACIA/SANDERSON OVERLAY ZONE
Hemet, California, Code of Ordinances Created: 2023-12-21 10:55:02 [EST] (Supp. No. 66, Update 1)
DIVISION 1. ACACIA/SANDERSON OVERLAY ZONE
Sec. 90-931. Acacia/Sanderson Overlay Zone—Established.
The Acacia/Sanderson Overlay Zone is hereby established in accordance with the standards of this division.
The overlay zone applies to those areas indicated on the official zoning map pursuant to section 90-6. (Ord. No. 1929 , § 2(Exh. A-2), 6-13-17)
Sec. 90-932. Purpose.
In addition to the overall objectives for commercial zones stated in section 90-891, the Acacia/Sanderson Overlay Zone is established to allow for the provision of general commercial and commercial manufacturing uses pursuant to the requirements set forth in sections 90-933 and 90-934. (Ord. No. 1929 , § 2(Exh. A-2), 6-13-17)
Sec. 90-933. Permitted uses.
Subject to the site development requirements established in section 90-934 of this article, including the limits on development of C-2 and C-M uses, the uses permitted, conditionally permitted, and administratively permitted in the Acacia/Sanderson Overlay Zone shall include, and approval shall be consistent with, the following table inset:
ACACIA/SANDERSON OVERLAY ZONE
P=Permitted Use A=Administrative Use C=Conditionally Permitted Use ZONE C-2 C-M
A. Agricultural Uses
1 Kennel for dogs and/or cats (in accordance with special regulations listed in section 90-78) a. As an accessory use (indoor) P P
b. As an accessory use (outdoor) A A
c. As a primary use (indoor or outdoor) C C
2 Nursery
a. Wholesale C
b. Retail P
B. Reserved
C. Commercial Uses
1 Reserved
2 Arcade, video or internet A
3 Automotive, motorcycle, and marine vehicle services including but not limited to parts and equipment sales (including tires) with or without installation, engine and transmission maintenance and repair, smog certification, and window tinting installation C C
4 Automotive, motorcycle, and marine vehicle body and/or paint shop C C 5 Automotive, motorcycle, and marine vehicle sales
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Created: 2023-12-21 10:55:02 [EST]
(Supp. No. 66, Update 1)
a. Without outdoor display A A
b. With outdoor display C C
6 Automotive, motorcycle, and marine vehicle rental
a. Without outdoor display A A
b. With outdoor display C C
7 Automotive, motorcycle, and marine vehicle wash facility a. Self-service A A
b. Full-service C C
8 Bakery, with or without on-site sales P P
9 Bank, savings and loan, credit unions P P
10 Bar, nightclub, and dance hall
a. With on-site sale of alcoholic beverage A
b. With on-site live entertainment or dancing C
11 Barber and/or beauty shop P
12 Big box retailer, >80,000 sq. ft. of gross floor area including outdoor display area C 13 Care facility
a. Home for the aged (nonlicensed) C
b. Convalescent hospital licensed by the California Department of Health Services as a skilled nursing facility
C
c. Mental health care facility licensed by the California Department of Mental Health as a mental health rehabilitation center
C
14 Cemetery and/or mortuary
a. Cemetery without mortuary or crematorium C C
b. Cemetery with mortuary C C
c. Cemetery with crematorium C C
d. Mortuary without cemetery C C
e. Crematorium without cemetery C C
15 Communication services without assembly or manufacturing C 16 Drive-through or drive-in facility including, but not limited to dry cleaners, fast food restaurants, and pharmacies
C
17 Department store P
18 Equipment rental including but not limited to moving and construction vehicles and equipment
C C
19 Flower or produce stand
a. Permanent A
b. Nonpermanent as a temporary use subject to section 90-73 P 20 Fortune telling C
21 Gasoline station including self-service or full-service facilities a. As a primary use (offered for sale) on the site subject to the regulations listed in section 90-897(b). All vehicle fuel storage tanks shall be underground. Aboveground propane, natural, and other similar fuel gas tanks may be permitted when set back at least 50 feet from the public right-of-way, installed in accordance with the Uniform Fire Code, applicable state and federal laws, and screened in accordance with section 90-895(10) C
b. Gasoline pumps as an accessory use and where fuel is not offered for sale A 22 Graphics production P
23 Grocery stores and bulk food outlets A
24 Hotel or motel C
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Created: 2023-12-21 10:55:02 [EST]
(Supp. No. 66, Update 1)
25 Manufactured home sales with and without on-site display of models and inventory C 26 Medical and/or dental laboratory A A
27 Medical urgent care facilities
a. Open within the hours of 7:00 a.m. to 9:00 p.m. P P
b. Open outside the hours of 7:00 a.m. to 9:00 p.m. C C 28 Mobile use including, but not limited to car washing, book and/or video rental, blood bank, MRI
a. <15 days in a 90-day period (subject to a temporary use permit, see section 90-73) b. >15 days in a 90-day period C
29 Newspaper printing C
30 Offices
a. General including, but not limited to accounting, appraising, architects, consulting, research, insurance, legal, stockbrokerage, real estate P P
b. Medical, dental, and optometry P P
c. Counseling P P
31 Parking lot, commercial A
32 Photographic studio
a. Excluding film processing, supplies, and retail sales P b. With film processing, supplies, and retail sales P
33 Radio station, AM and/or FM (without antennae) C
34 Recording studio C
35 Recycling facility
a. Nonpermanent collection center as a temporary use subject to the requirements of section 90-73
P P
b. Permanent collection center C C
c. Processing center C
36 Restaurant (not including bars and nightclubs)
a. Without b., c., d., or e. P
b. With on-site sale of alcoholic beverages P
c. With dancing and/or live entertainment C
d. With drive-through or drive-in C
e. With micro-brewery or winery and limited distribution C 37 Retail service shop including but not limited to appliance repair and sales, stereo/TV/video repair and sales, catering, health spa, martial arts or dance studios, laundromat, dry cleaners, locksmith, mail receiving service, swimming pool/spa service and supplies, pet grooming, photographic processing, printing, lithography, engraving, copy, plumbing, electrical, heating/air conditioning, shoe repair, tailor, costume rental, dry cleaning without an on-site plant
a. Open within the hours of 7:00 a.m. to 9:00 p.m. P
b. Open outside the hours of 7:00 a.m. to 9:00 p.m. A
38 Retail sales shop including but not limited to books, stationery, arts and crafts (with light assembly), hobby, coins and/or stamps, candy, window coverings, gifts, hardware, home furnishings, florist, meat, delicatessen, medical supply, pharmacy, music (with or without instruction), furniture, jewelry, dry good or notions, shoes, pets, liquor, paint, fire arms, sporting goods, glass, clothing, ice cream, and antiques a. Open within the hours of 7:00 a.m. to 9:00 p.m. P
b. Open outside the hours of 7:00 a.m. to 9:00 p.m. A
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39 Shopping and business center
a. Retail uses C
b. Retail and nonretail uses C
c. Nonretail uses with ancillary retail uses C
d. Nonretail A A
40 Smoke, cigarette, cigar, or tobacco store or hookah lounge C 41 Theater, motion picture and/or live
a. Indoor A
b. Outdoor C
42 Transportation service including, but not limited to dial-a-ride, depot, train station, bus station (no truck terminals)
C
43 Thrift store A
D. Manufacturing and Assembly
1 Aboveground vehicle fuel storage tank used for an on-going manufacturing business. Sale of fuel to the public is prohibited. Tanks shall be considered structures; they shall comply with setback requirements of the zone and shall be set back minimum 100 feet from a Hemet Circulation Element Map road, and shall be screened from view from public streets.
Requirements of the Uniform Fire Code and applicable state and federal laws shall be met.
C
2 Aboveground bulk vehicle fuel storage tank used for storage, distribution, and wholesale to businesses. Sale of fuel to the general public is prohibited. Tanks shall be considered structures; they shall comply with setback requirements of the zone and shall be set back minimum 100 feet from a Hemet Circulation Element Map road, and shall be screened from view from public streets. Requirements of section 90-895(10) of the Hemet Municipal Code, the Uniform Fire Code and applicable state and federal laws shall be met.
C
3 Assembly of small electrical appliances or equipment including, but not limited to, radios, phonographs, TVs, cameras, lighting fixtures, picture frames, fans, toasters, toys, electric motor repair, fiberglass blankets
P
4 Cabinet manufacturing and assembly P
5 Ceramic products manufacturing using only previously pulverized clay and kilns fired only by electricity or low pressure gas
P
6 Cleaning, wholesale laundry and dying plant A
7 Distribution facilities including, but not limited to bottled water, food products, prepackaged goods, machine parts, machinery
C C
8 Food lockers, frozen P
9 Furniture manufacturing C P
10 Furniture upholstery P P
11 Machine shop C
12 Motion picture studios C C
13 Ornamental iron works C P
14 Transportation maintenance, storage and service yards, excluding truck terminals but including bus charter service subject to the requirements of section 90-895 C C
15 Warehousing and storage, indoor and outdoor in compliance with section 90-895 (storage of fuel or flammable liquids is prohibited)
a. General storage C
b. Lumber and building materials and equipment storage (not associated with a retail store)
C C
c. Mini-storage including recreational and marine vehicles C E. Recreation and Open Space Uses
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1 Billiard parlor and/or pool hall C C
2 Bowling alley C C
3 Game court, lighted (with ten-foot-high court fencing) C C 4 Driving range, indoor or outdoor C C
5 Lodge hall for civic, social, or fraternal organizations C C 6 Recreation center, slot car racing, miniature golf, batting cages, game court (with ten-foot- high court fencing), health club, racquetball, swim facility, and water park—Commercial C C
7 Skating center C C
8 Shooting range, indoor only C C
F. Miscellaneous Uses
1 Church, temple, synagogue or other religious facility including, but not limited to parish house, convent, parsonage, monastery, religious school
C
2 Conversion of a structure from a residential use to a nonresidential use in compliance with article IX
a. For use by a permitted use A
b. For use by a conditionally permitted use C
3 Library P
4 Meal and grocery charitable service
a. On-site distribution C C
b. Off-site distribution P P
5 Museum P P
6 Public facilities and utilities including but not limited to electrical substations, transmission substation, city facilities and public offices
P P
7 School or college including, but not limited to art, business, cosmetology, craft, dance, music, professional, technical and trade
P P
8 Stormwater facilities
a. Flood control channels P P
b. Detention and retention basins P P
9 Swap meet and farmer's market
a. Permanent C
b. Nonpermanent as a temporary use subject to section 90-73 P P G. Accessory Uses
1 Accessory structures and uses located on the same site as a permitted use P P 2 Accessory structures and uses located on the same site as a conditional use C C 3 Satellite dish antennas
a. <39 inches in diameter when ground- or roof-mounted subject to the requirements of article XLVI and section 90-894 A.
P P
b. >39 inches when ground- or roof-mounted subject to the requirements of article XLVI and section 90-894 A.
P P
4 Outdoor activities within a clearly defined area accessory to a primary use a. Display of merchandise A A
b. Outdoor seating A A
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Sec. 90-934. Site development requirements.
(a) Up to 60 percent of the development capacity for the Acacia/Sanderson Overlay Zone may be developed with C-2 uses; the remaining portions of that overlay zone shall be developed with C-M uses permitted in section 90-933 of this article. The percentage of each commercial zone use shall be calculated over the entire contiguous overlay zone, and not over individual parcels. Proposals for development of property within the Acacia/Sanderson Overlay Zone shall designate whether the use is proposed as a C-2 or C-M zone use. Once the proposed development is approved, and for the life of that use, the zone designation shall not be changed for the purposes of calculating the percentage of C-2 and C-M zone uses within the overlay zone.
The calculation of the percentage of each commercial zone shall not be affected by the subdivision of any parcel within this Acacia/Sanderson Overlay Zone.
(b) Proposed C-M development shall be located within the portion of the Acacia/Sanderson Overlay Zone area that is at least 875 feet easterly of the centerline of Sanderson Avenue. (c) Development in the Acacia/Sanderson Overlay Zone shall comply with all relevant development standards set forth in article XXVI for the commercial zone to which an individual development project is assigned, including, but not limited to, the following:
(1) The general requirements set forth in section 90-894 for the C-2 and C-M zones, provided that the front yard setback shall comply with the C-2 standard;
(2) The site development requirements set forth in section 90-895; (3) The exterior color requirements set forth in section 90-896; (4) The special development requirements set forth in section 90-897, zoning district designated for the proposed development;
(5) The occupancy standards for hotels and motels as set forth in section 90-898; (6) Sign regulations as set forth in article XXXVI;
(7) Off-street parking regulations as set forth in article XL; (8) Landscape and irrigation regulations as set forth in article XLVIII; and (9) Conditional use permit regulations as set forth in article II, section 90-42. (Ord. No. 1929 , § 2(Exh. A-2), 6-13-17)
DIVISION 2. HILLSIDE DEVELOPMENT OVERLAY ZONE
Sec. 90-935. Purposes.
The purpose of the hillside development overlay zone is to:
(1) Establish regulations and standards for the identification and protection of hillsides, ridgelines, canyons, and other natural land forms such as rock outcroppings in recognition that such features are community assets that help define the city as a desirable place to live, work, and recreate; and (2) Ensure that roadways, driveways, and other access points in the hillside overlay zone provide adequate emergency access;
(3) Comply with the goals and policies of the general plan regarding the protection and preservation of hillside areas as an important aesthetic and community resource; and
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(4) Implement the HR (hillside residential) land use designation of the general plan. (Ord. No. 1949 , § 10(Exh. A, 10), 9-25-18)
Sec. 90-936. Zone established.
The hillside development overlay (H) zone is established in accordance with the standards of this article and as shown on the official zoning map pursuant to section 90-6. (Ord. No. 1949 , § 10(Exh. A, 10), 9-25-18)
Sec. 90-937. Permitted uses.
All uses permitted in the underlying zone over which the hillside development overlay zone is placed shall be permitted in the overlay zone. The regulations of the hillside development overlay zone shall apply in addition to the regulations of the underlying zone. In the event of a discrepancy between the regulations of the underlying zone and the overlay zone, the overlay zone shall take precedence. (Ord. No. 1949 , § 10(Exh. A, 10), 9-25-18)
Sec. 90-938. Reserved.
Sec. 90-939. Maximum density.
The maximum density on any parcel to which this section applies shall not exceed the units per acre for each of the average percent slope ranges indicated below:
Average Slope (%) Units Per Acre
0 to 10 4.0
10+ to 15 2.0
15+ to 25 1.0
25+ and above 0.5
(Ord. No. 1949 , § 10(Exh. A, 10), 9-25-18)
Sec. 90-940. Density transfer.
Within a project having the hillside development overlay zone, a density transfer may be granted when permitted development is transferred from one slope category to a lower slope category. In consideration for such a transfer of development, the allowable density of the lower slope category may be increased by 50 percent. For example, if density/development is transferred from the 25 percent and above slope category (from the above table) to the next lower category (15 percent to 25 percent), the allowable density of the lower category, 1.0 dwelling units per acre, may be increased to 1.5 units per acre. In no situation shall the total number of units permitted for any project exceed the number of units that would have been permitted without any transfer of density. Areas from which density is transferred shall be restricted from future development in an appropriate manner.
(Ord. No. 1949 , § 10(Exh. A, 10), 9-25-18)
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Sec. 90-941. Development performance standards.
The following minimum performance standards are required for any development in the hillside development overlay zone.
(1)Soils/grading.
a. Grading of any site shall conform to the following grading standards, based upon the percent of natural slope. The city engineer shall review the proposed grading with respect to the following:
1.Zero—ten percent. Redistribution of earth over large areas may be permitted. Significant environmental features may be required to be preserved.
2.Ten—15 percent. Some grading may occur, but landforms must retain their natural character. Padded building sites may be allowed, but custom foundations, split level designs, stacking and clustering is expected to mitigate the need for large padded building areas.
3.Fifteen—25 percent. Limited grading may occur, however, major topographical features shall retain their natural landforms. Special hillside architectural and design techniques are expected in order to conform to the natural land form, by using techniques such as split level foundations of greater than 18 inches, stem walls, stacking and clustering.
4.Greater than 25 percent. Development and limited grading can only occur in this category if it can be clearly demonstrated that safety, environmental, and aesthetic impacts will be avoided. Use of larger lots, variable setbacks and variable building structural techniques such as stepped or pole foundations are expected. Structures shall blend with the natural environment through their shapes, materials and colors. Impact of traffic and roadways is to be minimized by following natural contours or using grade separations. b. Grading shall be designed to:
1. Conserve natural topographic features and appearances by means of land sculpturing to blend graded slopes and benches with natural topography.
2. Retain major natural topographic features such as canyons and prominent landmarks.
3. Graded slopes over 25 feet in height and over 100 feet in length shall be contour graded. A variety of slope ratios (i.e., 2:1, 3:1, 3.5:1, 5:1, etc.) shall be used to blend graded slopes into the adjoining natural terrain.
4. Terracing shall be designed with small incremental steps, avoiding wide step terracing and large areas of flat pads.
c. All graded areas shall be protected from wind and water erosion through acceptable slope stabilization methods such as planting, walls, or netting. Interim erosion control plans shall be required, certified by the project engineer, and reviewed and approved by the city engineer. d. Slopes created by grading of the site shall not exceed 50 percent or 2:1, without a soils report and stabilization study indicating a greater permissible slope; or shall not exceed 30 feet in height between terraces or benches.
(2)Water/drainage.
a. On-site catch basins or siltation basins, as well as energy absorbing devices, may be required as a means to prevent erosion as well as to provide for ground water recharge. b. Natural drainage courses should be protected from grading activity.
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c. Where brow ditches are required, naturalize with plant materials and native rocks. d. All benchdrains (interceptors) and downdrains shall be constructed to match the natural contours of the lands.
e. Downdrains on manufactured slopes shall be staggered between terrace drains to be less obtrusive.
f. Maximum coverage of a parcel by impervious surfaces shall not exceed 40 percent of the gross land area, and such maximum may be reduced by the planning director in areas where the slope exceeds 15 percent.
(3)Animal and plant life.
a. Areas of a site which are identified in the environmental study as having biological significance shall be preserved.
b. Natural vegetation shall be maintained wherever possible. If removal is required, re- establishment of a compatible plant material will be required at a ratio of at least 2:1. c. All exposed slopes and graded areas shall be landscaped with groundcover, shrubs, and trees. d. Existing mature trees shall be incorporated into the project where feasible. e. Water and energy conservation techniques shall be utilized, such as special irrigation techniques (e.g., drip irrigation), drought tolerant plant species, alluvial rockscape, etc. f. Wherever possible, fire resistant native vegetation shall be preserved and planted. g. Introduction of landscaping within the hillside areas should make maximum use of texture, color, and be capable of blending in with the natural landscape, and help to soften the effects of buildings, walls, pavement, and grading. Irregular tree and shrub spacing shall be used to achieve a natural appearance on graded slopes.
h. With the exception of landscaping for street parkways, trees and shrubs shall be placed in swale areas to more closely reflect natural conditions.
i. Screening along roadways should make maximum use of berming and landscaping but shall not interfere with sight distance.
j. Landscaping and berming shall be used to screen views of all benchdrains and downdrains. k. Planting in riparian areas shall be kept as close as possible to their natural state. Ornamental plants and the introduction of non-native species should be avoided. l. The keeping of pigs, goats, sheep, horses, and other similar animals shall be limited to two per acre in areas that are determined to be of biological sensitivity, in addition to the requirements of section 90-77.
(Ord. No. 1949 , § 10(Exh. A, 10), 9-25-18)
Sec. 90-942. Structure design guidelines.
Structural design and construction for wildland interface areas is found under section 14-420. (1) Dwelling units and structures shall be compatible with the natural surroundings of the area and shall not dominate the natural environment.
(2) Exterior finishes of dwelling units and structures should blend in with natural surroundings by using earth tone colors and avoiding reflective materials or finishes and be of fire resistive materials.
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(3) Site design should utilize varying setbacks, building heights, innovative building techniques, and building and wall forms which serve to blend buildings into the terrain. (4) Dwelling units and structures shall be sited in a manner that will:
a. Retain outward views from each unit;
b. Preserve or enhance vistas, particularly those seen from public places; c. Preserve visually significant rock outcroppings, natural hydrology, native plant materials, and areas of visual or historical significance.
(5) The highest point of any structure shall not be located above the ridgeline. a. Use the natural ridgeline as a backdrop for structures; b. Use landscape plant materials as a backdrop; and
c. Use the structure to maximize concealment of cut slopes. (6)Accessory buildings. Detached accessory buildings which do not have solid exterior walls (carports, patio covers, etc.) shall have supporting members of heavy timber or be constructed with materials approved for one-hour construction.
(7)Decks and patios. Decks, balconies, roof overhangs, attached patio covers, and similar architectural features shall be protected on the underside with materials approved for one-hour resistive construction per the requirements found in section 14-420. (8)Retaining wall/fences.
a. Retaining walls shall be used in the following manner:
1. Upslope not exceeding six feet in height.
2. Downslope not exceeding 42 inches in height may be used.
3. Lots sloping with the street of access or other conditions. One retaining wall on each side of the lot may be used not exceeding 42 inches in height.
4. Retaining walls adjacent to driveway walls being an integral part of the structure may exceed six feet in height if necessary.
5. All retaining walls, visible from the public right-of-way shall be constructed of decorative block materials and be of earth-tone colors to minimize visibility. b. Exposed retaining walls facing roadways shall be not greater than five feet in height. c. Where retaining walls face roadways, they shall be faced with aesthetically pleasing materials (e.g., split face block, etc.).
d. Precision block walls, wood and chainlink fencing are specifically prohibited for use in hillside developments in relation to perimeter fencing or retaining walls. e. Interior fencing along property lines shall be constructed of decorative masonry block, wrought iron with pilasters that are of similar architecture to the buildings, or other non-combustible materials approved by the planning director.
f. Coated chain link fencing may be allowed to enclose tennis courts but must of a material and color that is approved by the planning director.
(9)Circulation. The intent of this section is to reduce the visual impacts created by hillside roadways, yet provide safe circulation. Roadways shall conform to the standards specified for development for
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wildland interface areas in section 14-418. Roadways should conform to the natural hillside landform and not greatly alter the physical and visual character of a hillside by creating large notches in ridgelines or by defining wide straight alignments. The following circulation standards and policies shall be implemented for all new hillside projects:
a. Single-loaded streets are recommended on steep terrain where it can be demonstrated that the overall grading for the project can be reduced.
b. All hillside development shall have two points of access to provide a safe ingress and egress for hillside developments. This is not applicable to cul-de-sacs that are less than 350 feet in length. c. Street grades shall not have slopes greater than those allowed in subsection 14-418(6). Generally eight percent maximum is allowed in areas of extreme fire hazard. d. Street rights-of-way widths can, for hillside development, be reduced from the city's general standards when the city engineer and fire chief determine that their implementation will not be hazardous to the public safety.
e. Roadway design, wherever practical, shall be parallel or diagonal to the existing hillside contours.
Roads shall be curvilinear fashion and blend in with the existing topographical slopes. Circulation plans for hillside development shall be designed to minimize both their visual and grading impacts.
f. Private driveways may provide access to a public street of up to two units per driveway. Such driveways shall have a minimum paved width of 25 feet and a maximum slope of 14 percent. Any drives exceeding 12 percent slope may not exceed 600 feet in length. (10)Fuel modification. A permanent fuel modification area shall be required for the perimeter of development projects that are located in the hillside zones. Specific requirements are contained in section 14-421 (landscaping and perimeter). The recommended width of the fuel modification areas shall be determined by the fire chief, but in no case shall it be less than 100 feet in width as measured from the development perimeter. The width of the fuel modification area shall be determined by the following:
a. The natural ungraded slope of the lands with the project and in areas adjacent to the project. b. Fuel loading.
c. Access to the project and access directly to the fuel modification area, and d. The on-site availability of water that can be used for firefighting purposes. The fuel modification areas shall also incorporate soil erosion and sediment control measures to alleviate permanent scarring and accelerated erosion.
(11)Water supply. All development shall be provided with adequate water supply according to the requirements set forth in section 14-419 (water supplies). (Ord. No. 1949 , § 10(Exh. A, 10), 9-25-18)
Sec. 90-943. Reserved.
Sec. 90-944. Submittal requirements.
Applications for development of property within the hillside development overlay zone shall be submitted for site development plan review pursuant to section 90-48 of the Code. In addition to the items specified in section 90-48, the applicant shall submit the following:
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(1) A topographic map of the project site and land and structures within 100 feet of the project boundaries. The map shall be drawn to a scale of not less than one inch equals to 100 feet with a maximum contour interval of ten feet. The maximum contour interval shall be five feet where terrain has a slope of less than 25 percent.
(2) A site plan of the proposed project showing property lines, recorded or proposed easements and public rights-of-way. Existing structures within 100 feet of the site shall also be shown on the site plan. (3) A preliminary grading plan for the project, drawn to the same scale as required above. Existing and final slope shall be shown in the following categories by average slope (percent): 0 to 10, 10+ to 15, 15+ to 25, 25+ and above.
(4) A soils engineering report including data regarding the nature, distribution and strengths of existing soils, conclusions, and recommendations for grading procedures, design criteria for and identified corrective measures, and opinions and recommendations regarding existing conditions and proposed grading. The investigation and report shall be performed by a professional soils engineer experienced in the practice of soil mechanics and registered with the state. (5) A hydrology report shall be provided including areas of possible inundation, downstream effects, natural drainage courses, conclusions, and recommendations regarding the effect of hydraulic conditions on the proposed development, opinions and recommendations regarding the adequacy of facilities proposed for the site, and design criteria to mitigate identified hydraulic hazards. This report shall account for runoff and debris from tributary areas and shall provide consideration for each lot or dwelling unit site in the development. Runoff and debris volumes shall be computed using county flood control district criteria. This investigation and report shall be prepared by a registered civil engineer experienced in hydrology and hydraulic investigation.
(6) A preliminary landscaping plan showing disposition of existing trees, and the type and extent of proposed vegetation. The method of open space maintenance shall also be identified. (7) A geotechnical study shall be provided including the surface and subsurface geology of the site, degree of seismic hazard, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, opinions and recommended design criteria to mitigate any identified geologic hazards. This investigation and report shall be performed by a professional geologist experienced in the practice of engineering geology and registered with the state. (8) A landform study shall be provided with a site inventory and map identifying existing landforms shall be submitted for the project including the following:
a. All U.S.G.S. blue-line streams, springs, perennial and intermittent streams with drainage areas that are 50 acres or greater at or above the project site. b. Rock outcroppings that are greater than 300 square feet in surface area. c. Classification of "grading zones" that are identified in this article. d. Identification of primary and secondary ridgelines.
e. Identification of the most prominent topographical features of the project site. This identification is relative to each project site and should include any ridges, peaks, knolls and any other similar types of features.
(9)A biological survey shall be submitted. This survey shall inventory both flora and fauna found at the site. All endangered, threatened or rare species shall be identified. Survey shall be conducted by a qualified biologist selected from then approved listing maintained by the planning department. (10) Other information or applications materials as may be deemed necessary or desirable by the planning director such as archaeology, paleontology, and visual analysis studies.
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Secs. 90-945—90-950. Reserved.
DIVISION 3. S SCENIC HIGHWAY SETBACK OVERLAY ZONE
Sec. 90-951. Purpose.
The purpose of the scenic highway overlay zone is to implement the scenic highways element of the general plan to minimize adverse visual impacts and enhance the public's aesthetic enjoyment of the scenic highway corridors. This shall be accomplished through the use of landscaped setbacks on certain roads designated as local scenic highways.
(Ord. No. 1949 , § 10(Exh. A, 10), 9-25-18)
Sec. 90-952. Permitted uses; designation on zoning map.
All uses permitted in the underlying zone over which the scenic highway overlay zone is placed shall be permitted in the overlay zone. Whenever the overlay zone is placed on the official zoning map, the designation shall be as indicated in the map legend. The regulations of the scenic highway overlay zone shall apply in addition to the regulations of the underlying zone. The most restrictive regulations shall take precedence. (Ord. No. 1949 , § 10(Exh. A, 10), 9-25-18)
Sec. 90-953. Setbacks.
Front yards adjoining a scenic highway shall be a minimum of 25 feet in depth, and shall be landscaped with a mixture of live trees, shrubs and ground cover.
(Ord. No. 1949 , § 10(Exh. A, 10), 9-25-18)
Sec. 90-954. Reserved.
Sec. 90-955. Scenic highways established.
The following streets are designated as scenic highways:
(1) Florida Avenue, from Sanderson Avenue west to the sphere of influence line. (2) Florida Avenue, from Stanford Street east to the sphere of influence line. (3) State Street, from Thornton Avenue south to the sphere of influence line. (4) Simpson Road, from the west sphere of influence line to State Street. (5) Sanderson Avenue, from the north sphere of influence line to Domenigoni Parkway excepting that portion from Florida Avenue to 850 feet south and that portion of the easterly side from Florida Avenue to 530 feet north.
(6) Warren Road, from Commonwealth Avenue to Simpson Road.
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DIVISION 4. EMERGENCY SHELTER OVERLAY ZONE
Sec. 90-956. Purpose.
The purpose of this section is to establish an emergency shelter overlay zone, where emergency homeless shelter may be established without the need of a conditional use permit.
Sec. 90-957. Permitted Location; designation on zoning map.
The City identifies parcels of land , located one block east of the Menlo Avenue and State Street intersection, as acceptable for permitting the establishment of an emergency shelter pursuant to Government Code § 65583, subdivision (a)(4) without requiring a conditional use permit.
Mixed use, as an integrated mix of supporting residential and office/commercial uses on the site identified in conjunction with wrap around services, including low barrier navigation center pursuant to California Civil Code § 51.3.5 to support the emergency homeless shelter is acceptable for permitting without requiring a conditional use permit.
This area is located within the zone C-1 Neighborhood Commercial Zone, and is subject to the development standards in effect, except as provided in Section 90-959. The city amends the zoning code to create an overlay zone located exclusively on the parcels described above. Whenever the overlay zone is placed on the official zoning map, the designation shall be as indicated in the map legend.
Sec. 90-958 .Permit requirements.
A. Emergency shelter facilities shall comply with all Federal and California State licensing requirements.
B. Emergency shelter facilities and all other ancillary or mixed use or residential supportive uses shall comply with all applicable Uniform Building and Fire Codes, including maximum occupancy restrictions.
C. The property must be located within the emergency shelter overlay zone Sec.90-959. Development Standards.
Emergency shelter shall comply with all standards provide by this chapter.
A. Development Standards.
1. Location and Separation.
a. Emergency shelter facilities should be located within one-half mile of a transit corridor or existing bus route.
b. All emergency shelter programs must be situated more than three hundred feet from any other emergency shelter or similar shelter program.
2. Physical Characteristics.
a. The size of an emergency facility shall be in character with the surrounding neighborhood and in compliance with the development standards of the C-1 Neighborhood Commercial Zone.
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b. The maximum number of beds for the existing emergency shelter shall be fifty (50) with the opportunity for expansion (new construction) up to 100 beds, excluding Palette Shelter Pilot Program units. c. Smoke detectors, approved by the Fire Department, must be provided in all sleeping and food preparation areas.
d. Fire sprinklers designed to 2022 NFPA 130 may be required for new construction. e. At least one accessible route shall be provided within the site from accessible parking spaces and accessible parking loading zones, public streets and sidewalks, and public transportation stops, to the accessible building or facility entrance they serve. If more than one route is provided, all routes must be accessible.
f. The site shall provide adequate space for emergency response vehicles. g. The facility shall have adequate private living space, shower and toilet facilities and secure storage areas for its intended residents.
h. The facility shall have at least one room, which has one hundred twenty square feet of floor area. Other habitable rooms shall have an area not less than seventy square feet. When more than two persons occupy a room used for sleeping purposes, the required floor area shall be increased at the rate of fifty square feet for each occupant in excess of two.
B. Operational and Management Standards.
1. 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.
2. If an emergency shelter includes a drug or alcohol abuse counseling component, appropriate State and/or Federal licensing shall be required.
3. The emergency shelter shall provide accommodations appropriate for a maximum stay of one hundred eighty (180) days per client/family.
4. Parking. The emergency shelter shall accommodate sufficient parking for staff given that it does not require more parking for emergency shelters than other residential or commercial uses within the same zone.
5. Client intake area. The client intake area shall be not less than 500 square feet in total floor area.
6. 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.
4. The emergency shelter shall identify a transportation system that will provide its clients with a reasonable level of mobility including, but not limited to, access to social services, housing and employment opportunities.
5. The emergency shelter shall include clear and acceptable arrangements for facility occupants, such as on- site meal preparation or food provision and disbursement.
6. The emergency shelter, where applicable, shall provide child care services and ensure that school-aged children are enrolled in school during their stay at the facility.
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7. The emergency shelter provider shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, security, screening of residents to ensure compatibility with services provided at the facility and for training, counseling, and treatment programs for occupants.
8. Emergency shelters shall establish written expectations of residents – behavioral, medical, etc.
Expectations of residents will be available to each resident at entry to the shelter, and to the public (upon request).
9. Emergency shelters shall have infection control policies in accordance with guidelines of the Centers for Disease Control covering but not necessarily limited to HIV/AIDS, hepatitis, and tuberculosis.
10. Emergency shelters shall maintain a record of clients and visitors at all times. Clients will have immediate twenty-four (24) hour access to shelter staff and no walk-in services will be provided at any time in the safe house itself.
11. Emergency shelters shall provide on-site management and support staff at all times during shelter use.
Secs. 90-960—90-979. Reserved.
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- CODE
Chapter 90 - ZONING
ARTICLE X. SPECIAL HOUSING CLASSIFICATIONS
Hemet, California, Code of Ordinances Created: 2023-12-21 10:54:57 [EST] (Supp. No. 66, Update 1)
ARTICLE X. SPECIAL HOUSING CLASSIFICATIONS
DIVISION 1. BOARDING HOUSES AND GROUP HOMES1
1Editor's note(s)—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.
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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:
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.
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(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.
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 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,
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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).
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 of time, 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 multiple-family 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) 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)
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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. 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.
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(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) 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 parolee- probationer 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
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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) 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, III and IV of
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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 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. (Ord. No. 1852, § 3(Exh. A, § 90-280), 6-12-12; Ord. No. 1855, § 2(Exh. A, § 7(§ 90-280)), 9-11-12) 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.
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(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.
(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 ACCOMMODATION2
2Editor's note(s)—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.
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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.
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
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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)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 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.
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(3) Notwithstanding the foregoing, the standard of review on appeal of a decision on a major reasonable accommodation shall not be de novo 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) 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;
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(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 of time 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.
(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.
17.J
Created: 2023-12-21 10:54:57 [EST]
(Supp. No. 66, Update 1)
(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)
Secs. 90-288—90-290. Reserved.
DIVISION 3. RESERVED3
3Editor's note(s)—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.
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Created: 2023-12-21 10:54:57 [EST]
(Supp. No. 66, Update 1)
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) 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 this ordinance, an emergency shelter overlay zone has been established for property located at 200 E. Menlo Avenue, known as Valley Restart, which accommodates the city's need for emergency shelter pursuant to Government Code § 65583(a)(4)(C) and 65583(a)(7). An emergency shelter is permitted by right at this location, subject to the development and management standards outlined in Article XXVI. Division 4 Emergency Shelter Overlay Zone. (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.
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Created: 2023-12-21 10:54:57 [EST]
(Supp. No. 66, Update 1)
(Ord. No. 1867, § 1(Exh. A1), 8-13-13)
Sec. 90-303.5. Shelter crisis.
(a)Applicability. Notwithstanding any other requirements of this division, the following provisions shall only be effective for the duration of a shelter crisis, as declared by the city council pursuant to Government Code § 8698.2. Upon the expiration of the city's shelter crisis declaration, or the repeal or expiration of the ordinance codified in this section, the emergency shelter must immediately cease its expanded emergency sleeping cabin operations and immediately return the site to its previous condition. Approvals issued pursuant to this section are not property, have no value, and do not create vested rights or confer nonconforming status.
(b)Emergency sleeping cabins.
(1) For purposes of this section 90-303.5, "emergency sleeping cabin" shall mean a relocatable hard-sided structure, constructed in accordance with chapter 14, article XIV of this Code, which may be occupied only for emergency shelter.
(2) For the duration of the shelter crisis, emergency sleeping cabins shall be allowed on the site(s) identified in subsection 90-303(b) in the approved Palette Shelter Village area depicted below as necessary to accommodate the city's need for emergency shelter pursuant to Government Code § 65583, provided the emergency sleeping cabins comply with all applicable building, health, and safety standards set forth herein.
(c)Site plan.
(1) To establish emergency sleeping cabins, an emergency shelter provider shall submit to the city a site plan for the emergency sleeping cabins that complies with the standards set forth in chapter 14, article XIV of this Code.
(2) To protect occupants in the event of an emergency, the site plan must also satisfy the following requirements:
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Created: 2023-12-21 10:54:57 [EST]
(Supp. No. 66, Update 1)
a. A fire flow of 1,500 gpm at 20 psi residual pressure shall be available from hydrants within 600 feet of the furthest point of any building;
b. Approved fire apparatus access shall be within 150 feet of any point of the building; c. Fire sprinklers designed to 2022 NFPA 130 may be required; d. The site shall conform to all pertinent requirements of the Americans with Disabilities Act ( https://www.ada.gov/pcatoolkit/chap7shelterchk.htm );
e. At least one accessible route shall be provided within the site from accessible parking spaces and accessible parking loading zones, public streets and sidewalks, and public transportation stops, to the accessible building or facility entrance they serve. If more than one route is provided, all routes must be accessible;
f. The site shall provide adequate space for emergency response vehicles; and g. As part of the site plan, a building egress plan shall be provided to the building department for review and approval.
(3) A site plan must be approved prior to the establishment of emergency sleeping cabins on a site. The city manager, or his or her designee, shall have the ability to impose any and all site conditions necessary to ensure the adequate protection of life, health, and property. (d)Management. Emergency sleeping cabin operators shall comply with the development and management standards set forth in subsections 90-304(a), (c)—(f), and (h)—(n), including the submission of an onsite management plan. A management plan must be approved by the city prior to the establishment of emergency sleeping cabins on a site. The city manager, or his or her designee, shall have the ability to impose any and all management conditions necessary to ensure the adequate protection of life, health, and property.
(e)Inspection. The city shall have a right to inspect the site to ensure compliance with the requirements set forth herein.
(f)Violations. Violations of this chapter include:
(1) Operating emergency sleeping cabins without an approved site plan, or failing to operate emergency sleeping cabins in accordance with an approved site plan, pursuant to subsection (c) above; (2) Operating emergency sleeping cabins without an approved management plan, or failing to operate emergency sleeping cabins in accordance with an approved management plan, pursuant to subsection (d) above;
(3) Failing to maintain facilities in good repair;
(4) Denying or otherwise interfering with the city's inspection of the site pursuant to subsection (e) above; (5) Failing to abide by the management standards set forth in subsection (d) above; (6) Failing to comply with any other provision of this Code, including those provisions in chapter 30; and (7) Failing to comply with state and local health, environmental, and safety standards. (g)Enforcement. In addition to other remedies allowed by law, any person who violates this chapter or operates an unauthorized emergency sleeping cabin facility may be subject to civil action, including (but not limited to) a petition for the appointment of a receiver under Health and Safety Code § 17980 et seq., administrative penalties, criminal citation, and all other actions set forth in [chapter 1] of this Code. Violations of this chapter are hereby declared a public nuisance. All remedies prescribed under this section shall be cumulative and the election of one or more remedies shall not bar the city from the pursuit of any other remedy for the purpose of enforcing provisions hereof.
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Created: 2023-12-21 10:54:57 [EST]
(Supp. No. 66, Update 1)
(Ord. No. 2022-2000, § 2, 6-28-22)
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 except as provided in Article XXVII, Division 4 Overlay Zone :
(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.
(c)Parking. The emergency shelter shall accommodate sufficient parking for staff given that it does not require more parking for emergency shelters than other residential or commercial uses within the same 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.
(j)Refuse collection. Refuse collection areas shall conform to the requirements for multiple-family 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.
(l)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.
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Created: 2023-12-21 10:54:57 [EST]
(Supp. No. 66, Update 1)
(n)Accessibility. The shelter must meet Americans with Disabilities Act (ADA) accessibility and adaptability requirements.
(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 evidence in the record, as required by Government Code § 65589.5(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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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jun 11 2024
Department: Information Technology
Submitted by: Mark Prestwich, City Manager
Scott Underwood, IT Operations/Network System Supervisor;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, for the Approval of the Telephone and Network Modernization CIP 5738 by Executing Agreements with RingCentral Incorporated for Unified Communications as a Service (UCaaS) over 5 years in the Amount of $372,288.40; Execute Agreements with ICS Intelesys Incorporated for UCaaS system integration and installation, network cable installation and remediation, Local Area Network (LAN) wired and wireless hardware replacement and five years of wireless licensing in the amount of $611,317.06; Approve an Agreement Addendum with Communication Strategies, LLC for Project Management Services in the Amount of $67,518.75; Approve a 15% contingency in the amount of $103,031.50; and Authorize the City Manager to Execute these Agreements, Purchase Orders, Annual Invoices, and all Other Supporting Documents Related to these Agreements
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, for the Approval of the Telephone and Network Modernization CIP 5738 by Executing Agreements with RingCentral Incorporated for Unified Communications as a Service (UCaaS) over 5 years in the Amount of $372,288.40; Execute Agreements with ICS Intelesys Incorporated for UCaaS system integration and installation, network cable installation and remediation, Local Area Network (LAN) wired and wireless hardware replacement and five years of wireless licensing in the amount of $611,317.06; Approve an Agreement Addendum with Communication Strategies, LLC for Project Management Services in the Amount of $67,518.75; Approve a 15% contingency in the amount of $103,031.50; and Authorize the City Manager to Execute these Agreements, Purchase Orders, Annual Invoices, and all Other Supporting Documents Related to these Agreements.
BACKGROUND:
The City's current telephone system was installed in the early 1990's. In 1998 Mitel Networks Corporation discontinued the manufacture of the telephone system. In 2017, the City of Hemet experienced substantial hardware failure of that system. While repairable through a combination of new and used parts, the City's telephone system maintenance provider (Blue Violet Networks)
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advised they had depleted their spare parts stock for the City's legacy telephone system. Locating additional parts for future repairs of the system would be impossible. Due to age and hardware availability, the City sought independent recommendations on replacing its telephone system. That initial recommendation was provided by Communication Strategies, LLC.
The COVID pandemic heightened the City's reliance on technology to provide customer service to residents and businesses away from a traditional business desk. In 2021, this challenge and hardship prompted the City to revive the review of the City's aged telephone system (Phase One performed by Communication Strategies, LLC.) and provide that information to the City Council for discussion and direction. In December 2021, the City Council provided direction to proceed with obtaining proposals for a Unified Communications as a Service (UCaaS) replacement telephone system.
In early 2022, the City Council approved $1,000,000 of American Rescue Plan Act of 2021 (ARPA) funding for the replacement of the City's telephone system. Equipped with City Council direction and project funding, the City sought independent assistance to create a vendor-agnostic request for proposal (RFP) and assist with the review of vendor responses.
The City contacted four vendors to provide proposals for RFP creation (Phase Two) and proposal review (Phase Three). Two vendors declined the opportunity in writing. Of the two vendors who provided cost the $39,292.50, at in lowest LLC. Strategies, Communication proposals, came response and within the signing authority of the City Manager. In October 2022, the City approved the Communication Strategies, LLC. proposal. This process follows the City's procurement policy.
Phase 2: RFP Creation
Over the next eight months, information was gathered on the City's existing telephone system. This included a combination of technical documentation and internal focus group reviews to determine the needs and required features of a new telephone system. In July 2023, an RFP for Unified Communications and Contact Center Solution was posted on PlanetBids. In August of 2023, a total of 12 proposals were received.
ANALYSIS:
Phase Three: UCaaS Bid Evaluation / Proposal Review
Of the 12 received proposals, one proposal (Maverick) was determined to be incomplete and removed from the review process.
Frontier Granite Lan Tel Services Avaya
$1,795,854.00 $1,530,974.00 $860,530.00 $747,757.00
First Fire Vertical Packet Fusion Global CTI
$652,600 $608,215.89 $533,117.75 $533.117.75
Forerunner Intelesys Nextiva Maverick
$533,117.75 $520,377.75 $495,897.50 INC
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All proposals were initially reviewed by Communication Strategies, LLC for technical and configuration analysis, review of fit with the City's requirements, and adherence to guidelines of the request for proposal.
City Information Technology Staff then conducted internal reviews of all proposals. Each proposal was individually reviewed and graded.
Since the City of Hemet lost its telephone system subject matter expert in December 2020, City of Hemet I.T. employed an additional review by I.T. Departments in nearby cities. The cities involved in those external reviews were:
Palm Springs Rancho Mirage Indio Menifee
Upon completion of all reviews, scores were calculated and the top three vendors were asked to participate in solution demonstrations. Those three vendors were:
Packet Fusion Vertical Networks Intelesys
Upon completion of all of the demonstrations, the City of Hemet I.T. Staff conducted a final review.
When scores were calculated, City I.T. Staff determined that Intelesys was the best aligned with the RFP objectives and the City's needs.
Additional Needs:
In order to ensure the maximum quality and quantity of telephone system bids, foundational needs such as network hardware, cabling, and project management were not included in the UCaaS RFP.
By including these physical needs with a request for virtual services, the City would dramatically limit the pool of vendors capable of performing the project.
These additional needs are foundational items that must be completed before the new telephone system can go into service. The services were procured through OMNIA Cooperative contract # 4400008468.
Local Area Network (LAN) Hardware:
UCaaS merges voice calls, audio/video conferencing, call recording, hosted fax, desktop sharing, instant messaging, presence, unified messaging and mobility on a single, digital, virtualized platform.
Instead of operating on independent networks, these merged technologies operate on a municipality's single data network. That increased dependency requires reliable, high-speed connectivity to ensure reliable communications.
The City's existing wired and wireless data network is comprised of 7-15 year old equipment. Over 70% of this equipment has reached its end-of-life or end-of-support by the manufacturer. Utilizing equipment in this state exposes the City to extended outages and liability due to age, uncorrectable vulnerabilities, and bug fixes.
Network Cable Installation and Remediation:
Over decades of operation, the City's network cable plant is also in need of attention. Copper and fiber cables were placed into service to accommodate immediate operational needs and unanticipated expansion. This cable (copper and fiber optic) often was not properly sized, became
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inoperable due to vermin damage, and lacked proper labeling and cable management that assist in tracing connectivity issues.
Upon completion of the demonstration process, the City negotiated with the selected vendor, Intelesys, on the additional needs of this project: LAN Hardware and Network Cabling. Intelesys routinely provides these services to other public agencies. Intelesys was able to quote these services utilizing an existing negotiated bid (Omni Partners) reducing the need to obtain additional bids and adding additional vendors to the project. This approach offers the City a single entity to hold accountable to ensure the successful completion of this project.
Independent Project Management:
In light of losing the City's Telephone System and cabling subject matter expert (SME), the City needs an independent advocate, outside of the proposed vendor, to ensure successful transition and deployment of the new UCaaS telephone, wired LAN, and wireless LAN. This dedicated resource ensures existing City Staff have an SME focused on successful project completion.
With Communication Strategies, LLC's experience through Phases 1, 2, and 3 of this project their continued involvement will ensure a smooth completion of the final implementation and project oversight (Phase 4) of the project. This includes an overage from Phase 3 which was incurred during proposal reviews and additional needs process.
DISCUSSION:
A reliable telephone system is vital for local government operations. A local government telephone system provides foundational communications between internal departments and external agencies.
A local government telephone system is often the first system the public interacts with to request both emergency and non-emergency services.
While efficient for its time, 30 years of telephone technology advancement has created a bottleneck in the City's ability to engage and support the public. The COVID pandemic heightened reliance on technology to provide customer service to the City's residents and businesses away from a traditional business desk.
While advancements in technology have increased productivity regardless of physical location, the City's telephone system was designed in an era with higher staffing levels predominately located at a stationary desk. This limitation has led to heavy reliance on voicemail correspondence.
Municipal funding challenges have also contributed to delays in replacing large foundational infrastructure systems like the City's telephone system and data network. Both of these systems were installed and configured decades ago. At that time, both systems were independent of each other. Within the last two decades, technologies such as voice over internet protocol (VoIP) and unified communications as a service (UCaaS) have converged these systems onto a single network.
Utilization of traditional desk phones has slowly faded in favor of cellular data and software-based telephones. The hardware that comprises these systems is no longer in production. Replacement components for these systems are extremely difficult, if not impossible, to locate.
Due to the age and complexity of the telephone and data network, the addition of contingency funding is necessary. These funds will ensure any unforeseen challenges can be addressed immediately with limited impact on daily operations while ensuring the successful completion of the project.
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Due to the large quantity of attachments associated with this project (158), only documents from the proposed vendors have been included. All attachments are available for review if requested.
PREVIOUS COUNCIL ACTION:
At the December 14, 2021 Regular Meeting, City Council received a report regarding the status of the City of Hemet's existing telephone system. City Council provided direction to regarding selection and requisition of a cloud-based UCaaS telephone system platform, Refreshment of the Local Area Network (LAN) with Power over Ethernet (PoE) capable networking equipment, and options for the remediation of the existing copper/fiber cable plant based on budgetary costs.
The City Council approved this project as part of the proposed ARPA projects at a special meeting on March 4, 2022, and authorized the Finance Director to establish appropriations for the project.
On August 8, 2023, the City Council adopted Resolution 2023-129 adopting a Five Year Capital Improvement $1,000,000 included which 2027-28 to in years fiscal for (CIP) Plan 2023-24 appropriations for the Telephone and Network Modernization project.
STRATEGIC PLAN INTEGRATION:
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
The proposed action aligns with Council adopted Strategic Action Item: Evaluate the IT function and future needs.
FISCAL IMPACT:
The itemized recommended solution is as follows:
Solution Vendor Cost
UCaaS Services - Annual RingCentral $66,041.88
UCaaS Reporting &
Gateway
RingCentral $42,079.00
System Integration Intelesys $46,325.00
LAN Hardware Replacement Intelesys $405,483.52
Network Cable Installation Intelesys $34,408.54
Wireless Licensing - Annual Intelesys $25,020.00
Project Management Communication Strategies $67,518.75
Fifteen Percent Contingency: $103,031.50
Year 1 Total: $789,908.19
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Solution Vendor Cost
UCaaS Services - Annual RingCentral $66,041.88
Wireless Licensing - Annual Intelesys $25,020.00
Annual Cost (Years 2-5): $91,061.88
Years 2-5 Total: $364,247.52
5 Year Total: $1,154,155.71
Funding for Year 1 of this project in the amount of $789,908.19 will come from ARPA funds in Account 270-5738-5400. Funding for Years 2 through 5 will be included in the Information Technology annual budget (Fund No. 680).
As a result of the recommended action, the available ARPA project balance in account 270-5738- 5400 of $960,707.50 will be reduced by $789,908.19, resulting in a remaining available project balance of $170,799.31.
REVIEWED BY LEGAL:
☒ Staff report ☒ Resolution
☐ Ordinance ☐ Agreement
ATTACHMENT(S):
Telephone_System_Resolution_2024
1_UCaaS Recommendation Presentation 2024-05-29
2_RingCentral_SOW 4-30-24
3_RingCentral_RingEX_City of Hemet_United States_06-30-2024_RingCentral_[Enterprise MSA] (1) 4_Intelesys_Telephone System Intergration and Installtion - 2024-083 5_Intelesys_City of Hemet Wi-Fi network 6-30-24
6_Intelesys_City of Hemet Cabling Quote 6-30-24
7_Intelesys_City of Hemet Data Switch Quote 6-30-2024
8_CommStrat_Project_Management_Quote
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, FOR THE APPROVAL OF THE
TELEPHONE AND NETWORK MODERNIZATION CIP
5738 BY EXECUTING AGREEMENTS WITH
RINGCENTRAL INCORPORATED FOR UNIFIED
COMMUNICATIONS AS A SERVICE (UCAAS) OVER 5
YEARS IN THE AMOUNT OF $372,288.40; EXECUTE
AGREEMENTS WITH ICS INTELESYS INCORPORATED
FOR UCAAS SYSTEM INTEGRATION AND
INSTALLATION, NETWORK CABLE INSTALLATION AND
REMEDIATION, LOCAL AREA NETWORK (LAN) WIRED
AND WIRELESS HARDWARE REPLACEMENT AND FIVE
YEARS OF WIRELESS LICENSING IN THE AMOUNT OF
$611,317.06; APPROVE AN AGREEMENT ADDENDUM
WITH COMMUNICATION STRATEGIES, LLC FOR
PROJECT MANAGEMENT SERVICES IN THE AMOUNT
OF $67,518.75; APPROVE A FIFTEEN PERCENT
CONTINGENCY IN THE AMOUNT OF $103,031.50; AND
AUTHORIZE THE CITY MANAGER TO EXECUTE THESE
AGREEMENTS, PURCHASE ORDERS, ANNUAL
INVOICES, AND ALL OTHER SUPPORTING
DOCUMENTS RELATED TO THESE AGREEMENTS.
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the City of Hemet (“City”) has a telephone system that was installed in the early 1990's; and
WHEREAS, In 2017 the City of Hemet experienced substantial hardware failure of the telephone system. While repairable through a combination of new and used parts, the City's telephone system maintenance provider (Blue Violet Networks) advised they had depleted their spare parts stock for the City's legacy telephone system. Due to age
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and hardware availability locating additional parts for future repairs of the system would be impossible; and
WHEREAS, In December 2021 City Council directed Staff to proceed with obtaining proposals for a Unified Communications as a Service (UCaaS) replacement telephone system; and
WHEREAS, In early 2022 City Council approved $1,000,000 of American Rescue Plan Act of 2021 (ARPA) funding for the replacement of the City's telephone system; and
WHEREAS, In July 2023 a request for proposal (RFP) for Unified Communications and Contact Center Solution was posted on PlanetBids. In August of 2023 a total of 12 proposals were received; and
WHEREAS, City Information Technology Staff conducted both internal and external reviews of all proposals. Upon completion of those reviews the proposal from ICS Intelesys Incorporated utilizing RingCentral Incorporated UCaaS services was found to be best aligned with the RFP objectives and City’s needs; and WHEREAS, In order to ensure the maximum quality and quantity of telephone system bids, foundational needs such and network hardware, cabling and project management were not included in the UCaaS RFP; and
WHEREAS, ICS Intelesys Incorporated was able to provide quotes for all network hardware and cabling utilizing OMNI Partners contract pricing; and WHEREAS, Communication Strategies LLC has submitted an agreement addendum to provide project management services and to provide project management oversight of the final implementation phase of this project; and
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WHEREAS, due to the age of our existing telephone and data networking systems, a contingency of fifteen percent of the first-year pricing in the amount of $103,031.50 is necessary to cover any unforeseen challenges and ensure a successful and timely completion of the project; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1.FINDINGS - The recitals set forth above are hereby adopted as findings in support of this Resolution.
SECTION 2. DETERMINES – The City Council hereby approves the Telephone and Network Modernization CIP 5738 in the amount Not to Exceed $1,154,155.71 over 5 years.
SECTION 3.ORDERS – The City Council hereby authorizes the City Manager to execute all documents, Agreements and Purchase Orders related to the Telephone and Network Modernization CIP 5738 including a contingency of fifteen percent ($103,031.50) of the year one total ($686,876.69). The City Council also authorizes the City Manager to execute Agreements, Purchase Orders, Annual Invoices, and all Other supporting documents related to the following:
a) Executing Agreements with RingCentral Incorporated for Unified communications as a service (UCaaS) over 5 years in the Amount of $372,288.40
b) Execute Agreements with ICS Intelesys Incorporated for UCaaS system integration and installation, Network cable installation and remediation, Local Area Network (LAN) wired and wireless hardware
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replacement and five years of wireless licensing in the amount of $611,317.06
c) Approve an Agreement Addendum with Communication Strategies, LLC for Project Management Services in the Amount of $67,518.75.
SECTION 4.EFFECTIVE DATE – This resolution shall become effective on June 11, 2024.
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PASSED, APPROVED AND ADOPTED this 11th day of June, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 11th day of June, 2024, and was passed by the following vote:
AYES: Council Members: Krupa, Kendrick, Lilienthal, Mayor Pro Tem Peterson, Mayor Males
NOES: Council Members: None.
ABSTAIN: Council Members: None.
ABSENT: Council Members: None.
_____________________________
John Paul Maier, City Clerk
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Hemet City Council
Telephone and Network Modernization – CIP #5738
June 11th, 2024
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Strategic Plan Integration
Organizational
Effectiveness
The proposed action aligns with Council
adopted Strategic Plan Action Item:
Evaluate the IT function and future needs.
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Housing Element Update
Telephone System Replacement
What and where do we need to replace:
What:
Telephone System
Telephones
Local Area Network (LAN) Hardware / Wired & Wireless
Network Cabling (copper and fiber as needed)
Where:
City Hall Library (Staff Area)
Corporation Yard Fire Administration
Police Department Fire Training
Police Task Force and Substation Locations Fire Stations
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Housing Element Update
Telephone System Replacement
When and why do we need to replace:
Telephone System
1998 Mitel SX200 digital PBX telephone system was discontinued by the manufacturer. 2024 July 6th – End of new sales for our existing Mitel 3300 telephone system hardware. 2024 December 31st – End of security, bug fix patching and scalability for Mitel 3300.
Local Area Network (LAN) System
2009 Hewlett Packard announced an official ‘end-of-life’ on 75% of our LAN equipment (wired). 2024 March 31st – Meraki official ‘end-of-support’ date on 70% of our wireless (Wi-Fi) access points.
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Housing Element Update
Telephone System Replacement
Prior History:
Phone System Evaluation
2017 Consulted with Communication Strategies due to phone system component failures. 2017 Communication Strategies evaluated our telephone system and provided recommendations. 2021 The COVID pandemic heightened our reliance on technology to provide customer service to our residence and businesses. This exposed additional inefficiencies in our telephone system. 2021 Communication Strategies provided an updated evaluation of our telephone system and provided replacement options to City Council (Phase 1). 2022 Received proposals from ClientFirst, SDI Presence, BerryDunn and Communication Strategies for Phase 2 (RFP Creation) and Phase 3 (Vendor Evaluation & Technology Review) Council Actions
2021 City Council provided direction on telephone system replacement options. 2022 City Council approved $1,000,000 in ARPA funding for this project.
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Housing Element Update
Phase 2 – RPF Creation
Phone System Request for Proposal (RFP) Creation (2022-2023) 2022 October - Communication Strategies was selected to assist with Phase 2 and 3 2023 January – Communication Strategies conducted internal focus group reviews with all City Departments to explain the process and determine needs and required features of the new telephone system.
2023 January to July – Communication Strategies and City of Hemet Information Technology (I.T.) gathered internal documentation of existing telephone system. 2023 January to July – Communication Strategies generated the design guidelines and request for proposal (RFP) for the new UCaaS phone system.
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What is Unified Communications as a Service (UCaaS)?
• All voice applications run on configurations in “the Cloud” (vendor operated data centers), which provide connectivity and call control to the client’s location. • Our solution calls for an “embedded client” which runs within Microsoft Teams. This client allows for calls out to the Public Switched Telephone Network (PSTN) and failover in the event of down time with Microsoft.
• Leverages familiarity with Microsoft Teams and ease of use / intuitive function of RingCentral.
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Housing Element Update
Current Telephone System Topology
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Housing Element Update
New Proposed UCaaS Topology
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Phase 3 - UCaaS Bid Evaluation
Frontier Granite Lan Tel
Services Avaya First Fire Vertical
$1,795,854.00 $1,530,974.00 $860,530.00 $747,757.00 $652,600.00 $608,215.89 Packet
Fusion Global CTI Forerunner Intelesys Nextiva Maverick $533,117.75 $533,117.75 $533,117.75 $520,377.75 $495,897.50 INC Procurement Actions
2023 July - Unified Communications and Contact Center Solution Request for Proposal (RFP) posted by City of Hemet Finance/Procurement on PlanetBids. 2023 August – A total of 12 proposals were received.
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Housing Element Update
Phase 3 - UCaaS Bid Evaluation Process
Actions
Initial proposal review of all solutions completed by Communication Strategies for:
• Technical and configuration analysis
• Review of fit with City’s requirements
• Adherence to guidelines of RFP
City of Hemet Information Technology (I.T.) Staff conducted internal reviews of all proposals.
Additional external reviews of all proposals were conducted by the following City I.T. Departments:
Palm Springs Rancho Mirage Indio Menifee
All scores were calculated with the top three vendors asked to participate in solution demonstrations:
Packet Fusion Vertical Networks Intelesys
Each I.T. Staff member scored the final demonstrations. City of Hemet I.T. Staff determined that Intelesys best aligned with the RFP objectives and City’s needs.
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Housing Element Update
Phase 3 - Additional Needs
LAN Hardware replacement – Wired and Wireless
• Kept separate from the UCaaS RFP to ensure quality and quantity of bids. • Existing network equipment is 7-15 years old; much of it is End of Life / End of Service. • By merging the data & telephone networks, all operations depend on this hardware. • Network hardware replacement a requirement prior to UCaaS implementation.
Network Cable Installation and Remediation
• Some problems with cabling throughout City’s enterprise due to operational needs and expansion. • Will be performed on an as-needed basis.
Project Management
• Phase 3 – Overage from Phase 3 Vendor Evaluation and Technology Selection • Phase 4 – Implementation Support and Project Oversight
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Housing Element Update
Phase 4 - Recommended Solution – Year 1
Vendor Telephone System Replacement (Telephone) Proposal Cost RingCentral RingCentral UCaaS Services (year 1) $ 66,041.88 RingCentral RSI Shadow Reporting and Audio Codes analog gateway setup $ 42,079.00 Intelesys System integration and physical telephone replacement $ 46,325.00
Local Area Network (LAN) refresh and Cable Remediation
(Network)
Intelesys Replacement of LAN equipment (switching, routing and wireless) $ 405,483.52 Intelesys Wireless Licensing (year 1) $ 25,020.00
Intelesys Low Voltage Cable Remediation and Installation $ 34,408.54 Professional Services (Project Management)
Communication
Strategies Project Management (Phase 2/3 overage + Phase 4) $ 67,518.75 Fifteen Percent Contingency $ 103,031.50
Total (ARPA Funded) $ 789,908.19
Proposed Implementation - Fall 2024
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Housing Element Update
Recommended Solution – Annual Cost for Years 2-5
Vendor Annual Renewing Item Proposal Cost
RingCentral RingCentral UCaaS Services $ 66,041.88
Intelesys Wireless Licensing $ 25,020.00
Total Annual Cost $ 91,061.88
• Funding for Years 2 through 5 totaling $364,247.52 will be incorporated into the Information Technology annual operating budget (Fund No. 680) under Telephone / Communications.
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Housing Element Update
Recommendation
• That City Council approve the Telephone and Network Modernization CIP 5738 in the amount Not to Exceed $1,154,155.71 over 5 years.
• Authorize the City Manager to execute all documents, Agreements and Purchase Orders related to the Telephone and Network Modernization CIP 5738 including a contingency of fifteen percent ($103,031.50) of the year one total ($686,876.69)
• Execute Agreements with RingCentral Incorporated for Unified communications as a service (UCaaS) over 5 years in the Amount of $372,288.40
• Execute Agreements with ICS Intelesys Incorporated for UCaaS system integration and installation, network cable installation and remediation, Local Area Network (LAN) wired and wireless hardware replacement and five years of wireless licensing in the amount of $611,317.06
• Approve an Agreement Addendum with Communication Strategies, LLC for Project Management Services in the Amount of $67,518.75.
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Discussion & Follow Up
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RingCentral Professional Services Statement of Work This RingCentral Professional Services Statement of Work is executed by RingCentral, Inc. (“RingCentral”), and City of Hemet (the “Customer”) on this ___________, ____ (the “SOW”). This SOW is incorporated into the Master Services Agreement dated ______________, between the parties (the “MSA”). In the event of a conflict between this SOW and the MSA, this SOW shall control. Customer: City of Hemet Quote/SOW Number: U2024-03178447 Labor Cost: $4,443.00 USD Audio Codes Hardware $22,231.00 USD Audio Codes Maintenance for 5 Years $256.75 USD per month for 60 Months $15,405.00 USD SOW Expiration: This SOW, and all applicable pricing related to it, is valid if signed by Customer on or before June 30, 2024, after which pricing is subject to change, and a revised SOW may be required. However, RingCentral may elect to provide the work at the applicable pricing after the expiration date listed above, should they execute this SOW. Multiphase Project – Per Milestone Milestones will be jointly agreed during the project plan creation. Phase Name SOW Detail Phase Total (USD) Excluding taxes & fees RSI – Project Management RSI Project Management – 4 Hours Phase 1a Value of $900.00 USD Completion of all Professional Services as described in this Section 3 of this SOW.
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RSI-Implementation RSI- Shadow A1Implementation Onetime Fee Phase 1b Value of $303.00 USD Completion of all Professional Services as described in this Section 3 of this SOW Audio Codes – High Density Analog Gateway Equipment (Hardware) Rate of Equipment for Eight (8) Analog Gateways listed in Appendix F Phase 2a Value of $22,231.00 USD Acceptance of Delivery for all equipment described in section 3.2 and Appendix F of this SOW Audio Codes High Density Analog gateway Maintenance. Audio Codes Gateway-24/7 technical support & Advance Hardware replacement for five Years. $256.75 USD Per month for 60 Months.
Phase 2b Value of $15,405.00 USD Completion of all Professional Services as described in this Section 3.2 of this SOW Audio Codes -RingCentral Project Management Time Project Management/Remote Cutover Support- 16 Hours Phase 2c Value of $3,240.00 USD All the Professional Services are Described in Section 3.2 of this SOW $42,079.00 USD If applicable, the following activities shall be performed at the location(s) and for the number of Users and Sites indicated in the attached Appendices: 1. General 1.1. Assignment of a designated Project Manager (“PM”) – For a period of up to sixteen (16) weeks, the RingCentral PM will act as Single Point of Contact for delivery services, following the Project Management Institute (PMI) standard methodology. The RingCentral Project Manager will be responsible for the following activities in connection with this Statement of Work (SOW): i. Completing resource assignment and scheduling in alignment with project schedule ii. Set up of project documentation and timelines in collaboration with designated Customer Single Point of Contact iii. Identifying, communicating, and mitigating project risks and issues iv. Alignment of scope of services with customer expectations v. Developing, reviewing, authorizing, implementing, and managing change requests and interventions (Perform Change Management) to achieve project outputs vi. Completing scoped migration and go live support; and vii. Performing closure procedures at the conclusion of project activities
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2. Analog Gateway Hardware & Support and Project Management (QTY:8) Preinstall Check List: RingCentral Project Manager will work with customers to confirm the following requirements prior to technician on-site work. • Document Environmental Requirements • Build analog users within the RingCentral Service Web • Provide necessary documentation for installation and connecting gateways to the RingCentral network. • Additional resource days are available at an increased cost via executed Change Order • Remote Cutover Service - add-on to AudioCodes Implementation service - fixed, up to 12 hours (can be outside business hours • Provide remote support to assist on-site technician in the load of Incremental Configuration file • Final configuration changes will be made during the scheduled maintenance window Customer Responsibilities: • Provide Environmental Requirements for Gateways to include but not limited to rack space, power, Network and cabling. • Consolidate existing analog port on existing platform to meet capacity requirements per analog gateway design. • Provide station port mapping information. • Provide remote access to Analog Gateways • Onsite Cutover existing analog wiring to analog gateways • Collect Customer Data (Analog Gateway Spreadsheet) • On-site set-up-Including rack and stack, Ethernet cable(s), power-up, implementation, testing and remote ready) location listed in Appendix F(sites) Installation Materials: The RingCentral Project Manager will manage shipment of gateways to the locations listed in appendix (F). Analog Gateway Details 6 x MP124 1 x MP1288 -144-2AC 1 X MP508
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Day 2 Support AudioCodes Customer Technical Support (ACTS) provides one point of contact for all Customer support needs. ACTS include the following: • 24x7 access to Global Help Desk and expert support engineers who provide Level 2-4 support. 24x7 online access for ticket creation, status updates and notification. • Availability of all software updates and patches (software patches, maintenance releases, and major version releases). Customer will contact AudioCodes for all support of the appliance upon go live. 3. RSI Shadow A1 Cloud Implementation (1-1000 Extensions) + Shadow A1 Additional Five (5) User pack + Shadow A1 Call Recording Playback 3.1. RingCentral will implement the following solution: • The Shadow A1 Cloud server will retrieve call data from the RingCentral web portal. • The customer will access the Shadow A1 Cloud service from their premises using a secure HTTPS connection from any supported browser • Once activated Shadow A1 Cloud Solution will provide reporting on inbound/outbound call traffic, call costing for billing and provide reporting on trunk usage/peak hour reports. • An embedded real-time dashboard can be configured with user defined widgets displaying extension, agent and queue activity in real-time. • Custom reports for calls offered/missed report by extension in which this report will contain a summary of the following information for each RC extension based on the user specified report period. ü Calls offered ü Calls answered ü Answered duration ü Avg answered duration ü Calls missed (includes calls that abandoned and calls that go to voicemail if extension not in DND state) ü DND calls (calls that go to voicemail as extension is in DND) ü Percent handled – based on calls answered / (call offered – DND calls) ü Extension activity detail report in which this is similar to our Agent Activity 5 Air Filter Units FRU-MP 1288-Air Kit Ship to: RingCentral will deliver the following services for the locations listed in Appendix F
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Detail report but details the dates / times a user turns DND off or on during a user specified reporting period ü Extension activity summary report in which this is similar to our Agent Activity Summary Report but shows the total time an extension is in DND during a user specified reporting period 3.2. Shadow A1 Cloud includes 10-user licenses that allow users to generate reports using a web- browser from anywhere within the customer's network environment. Additional user licenses are available at an additional cost via change order. 3.3. Customer's RingCentral system is equipped with less than 730 endpoints (i.e., extensions, agents, queues, auto attendants, etc.). Including 10 queues and 20 IVR Menus. Additional fees will be required if the customer is utilizing more than one RingCentral account/system, or their service is equipped with more than 1000 extensions/endpoints. 3.4. The solution includes 1 year of call data storage or up to 5 million call records. Customer environments exceeding the 5 million call record limit will have call data automatically cyclically removed from the system. Additional storage capacity is available at additional cost. 3.5. Remote installation, training, and ongoing support are included. End-Customer training immediately follows Software Installation/Programming (unless otherwise specified). 3.6. The RSI application will only capture and insert calls recorded by the RingCentral Hosted Server. 4. Optional Services – During the course of the project, additional services may be ordered by the Customer via the Change Order process as per the rates outlines in Appendix E. 5. Customer Responsibilities – The Customer is responsible for aspects not specifically included in this Statement of Work. Out of scope items include: i. The customers LAN/WAN infrastructure ii. Network minimum requirements for RingCentral as a Service model a. Quality of Service (QoS) configuration b. Firewall or Access Control List (ACL) configuration c. Power over Ethernet (POE) port activation / configuration iii. Configuration and software installation on customer PCs iv. Decommission and disposal of any legacy equipment v. Customizations on individual User endpoints, or phone settings (as defined in section 3.1.v) vi. Provide workspace for RingCentral on-site personnel (as scoped) vii. Overhead paging viii. Postage Machines ix. Credit Card or Point of Sale (POS) Machines x. Door buzzer or Automatic Door Controller xi. Third party SIP phones xii. Headsets
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xiii. Analog Devices such as fax machines xiv. Third party Applications 6. Hours of Operation - Standard Service Hours i. Unless otherwise specified, pricing assumes that Services will be performed between 8:00 AM to 5:00 PM local time, Monday-Friday, excluding holidays (“Standard Service Hours”) ii. Work requested and performed outside Standard Services Hours will be subject to overtime charges via executed Change Order 7. Professional Services Completion - This SOW identifies the specific criteria required for the completion of each Project Phase (“Completion Criteria”). Upon RingCentral’s completion of the Professional Services for each Project Phase, RingCentral will review the Completion Criteria with Customer and will notify the Customer of the completion of each individual Professional Services Project Phase. Upon receipt of such notification, Professional Services under such Project Phase will be considered completed in full and billable, in accordance with the terms of this SOW and the Master Services Agreement. 8. Payment i. Invoicing and Payment of Professional Services fees. All amounts due under this SOW for Professional Services other than T&M Services, will be invoiced upon completion of the work or each Project Phase identified in the Project Phasing Table. Payment shall be due in accordance with the applicable payment terms of the Master Services Agreement. T&M Services will be invoiced monthly in arrears. ii. Service Expenses. Customer agrees to reimburse RingCentral for its reasonable fixed travel, meal, and lodging expenses incurred in connection with any Site Visit (“Service Expenses”). Travel, meal, and lodging expenses will be invoiced upon completion of each Project Phase. Upon written request, RingCentral will provide sufficient supporting information for any Service Expenses invoiced. 9. Termination i. Termination. Either Party may terminate this SOW, in whole or in part, with thirty (30) days’ advance written notice to the other Party. Unless otherwise specified in the termination notice, the termination of one Project Phase will not result in the termination of, or otherwise affect, the rest of the SOW or any other Project Phase. No termination of any SOW, in whole or part, will result in the termination of any Services being provided under the MSA. ii. Effect of Termination. If this SOW, or a Project Phase. is terminated, in whole or in part, for any reason other than for RingCentral’s material breach of this SOW, Customer will be obligated to pay RingCentral for: a. any Professional Services and T&M Services that have been rendered up until the effective date of the termination b. all applicable Service Expenses incurred; and c. (50%) of the fees for any other Professional Services not yet performed, due under the Project Phase(s) being canceled, if termination of the SOW or a Project Phase occurs within one hundred and eighty (180) days of execution of the SOW. If termination occurs after one hundred and
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eighty (180) days of execution of the SOW, Customer will owe all outstanding fees for any Professional Services not yet performed pursuant to the SOW, due under the Project Phase being canceled. 10. Delays and Changes i. Changes to this SOW shall be made only in a mutually executed written change order between RingCentral and Customer (a “Change Order,”) per the sample attached in Appendix C, outlining the requested change and the effect of such change on the Services, including without limitation the fees and the timeline as determined by mutual agreement of both parties ii. Any delays in the performance of consulting services or delivery of deliverables caused by Customer, including without limitation delays in completing and returning Customer documentation required during the P&D or completing the BRD, may result in an adjustment of project timeline and additional fees iii. Any changes or additions to the services described in this SOW shall be requested by a Change Order and may result in additional fees 11. Project Phasing i. The Professional Services may be delivered in one or more phases as set forth in this SOW ii. This SOW describes the milestones, objectives, Deliverables, Sites, fees and other components that are included in the scope of each phase (“Project Phases”) iii. Customer agrees that the delivery, installation, testing, acceptance and payment for the Professional Services rendered under any one Project Phase is not dependent on the delivery, installation, testing, acceptance and payment for the Professional Services under any other Project Phase iv. Each Project Phase will be billed upon notification of phase completion, and Payment for each Project Phase is due in full within the applicable payment period agreed between the parties and is non-refundable
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IN WITNESS WHEREOF, the Parties have executed this Statement of Work below through their duly authorized representatives. Customer RingCentral City of Hemet RingCentral, Inc. By: \ By: ______________________________ Name: \RCname1\ Name: Joe Jacob ______________________________ Title: \RCtitle1\ Title: SVP, Field Sales ______________________________ Date: \RCdate1\ Date: \RCdate1\ ______________________________ ______________________________
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Appendix A Planning and Design Location Planning and Design Location Address(s): Up to # of Users Remote N/A
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Appendix B Site Address Number of Users Deployment Type Technician Days On-Site Rate per Site N/A N/A N/A N/A N/A N/A
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Appendix C Change Order Form for Implementation Services This Change Order is subject to the SOW by and between Customer and RingCentral with the Effective Date listed below, establishes a change to the project scope or budget. Effective Date of SOW: Project Name: Request Date: PO Number: Quote Number: Customer Name: Requested By: Requestor Phone: Requestor email: Customer Address: Specific Details Explaining the Change: Change 1 Quantity: Description: Professional Services Cost: Change Order Total: Impact on Project Timeline and Scheduled Delivery Date: Impact on SOW Pricing: BY SIGNING BELOW, the Parties have each caused this Change Order to be signed and delivered by its duly authorized representative as of the date Customer signs below (the “Effective Date”). Customer RingCentral By: By: Signed: __SAMPLE ONLY Signed: __SAMPLE ONLY Title: __________________________ Title: ____________________________ Date: Date:
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Appendix D Registration of Address and Notification Information – Emergency Dialing. Bulk uploading of user data, building extensions, etc. may require input of registered addresses and emergency notification information. By engaging RingCentral for implementation of the Services, Customer agrees to the following: I. Registered Address. It is Customer’s obligation to maintain accurate emergency location information for each Digital Line on its Account. RingCentral will, on Customer’s behalf, upload Customer’s Users’ registered addresses using a list of addresses provided by Customer. II. Emergency Notifications. For Digital Lines located in the United States, Customer must input and maintain in Service Web a central location for the receipt of emergency notifications generated by its Users placing emergency calls (for further information about this obligation, click here). RingCentral will, as a part of the upload described in (A) above, also input Customer’s emergency notification location, as directed by Customer. III. Customer’s Representation and Warranty. Customer represents and warrants that the registered addresses and emergency notification location are accurate and acknowledges that any subsequent change to the registered addresses must be carried out by Customer. Customer acknowledges that it may have its own independent legal obligation to ensure the accuracy of the above information and that RingCentral takes no responsibility for the accuracy of the information provided by Customer.
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RingCentral Professional Services Statement of Work for Professional Services Appendix E Optional Services Additional Network Assessments Additional P&D Sessions Admin Training User Training Go Live Support (Onsite) Training Support (Onsite) $1,000 $1,800 per day / per resource $800 per Two-Hour session $400 per One-Hour session $1,800 per day / resource $1,800 per day / resource
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RingCentral Professional Services Statement of Work for Professional Services Appendix F Analog Gateway Design Site Audio Codes Analog Gateway Breakdown Deployment Type AC Hardware Total AC Maintenance Total Remote PM time Total City Hall 4x MP 124, Police- 1x MP 1288/144, 1x MP508/8S, Corporation Yard- 2x MP124 6 x MP124 1 x MP1288 -144-2AC 1 X MP508 5 Air Filter Units FRU-MP 1288-Air Kit N/A $22,231.00 $15,405.00 $3,240.00
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Initial Order Form Page 1 of 3
INITIAL ORDER FORM
This Initial Order Form is a binding agreement between RingCentral, Inc. (“RingCentral”) and City of Hemet (“Customer” or “You”) (together the “Parties”), for the purchase of the Services, licenses, and products listed herein. This Initial Order Form is subject to and incorporates the terms and conditions of: (i) the separate written agreement, executed by the Parties governing the purchase of the Services described in this Order Form, or (ii) the RingCentral Online Terms of Ser vice available at https://www.ringcentral.com/legal/eulatos.html, if there is no written agreement in place (hereinafter (i) and (ii) referred to as the “Agreement”). Capitalized terms not defined herein shall have the same meanings as set forth in the applicable Agreement between the Parties. Unless agreed by both Parties in writing, any terms or conditions set forth in a Customer-issued purchase order or ordering document shall not apply.
Please note that RingCentral MVP is now RingEX. All references to “RingCentral MVP”, whether in terms of service, advertising or product descriptions, mean “RingEX”.
Customer Service Provider
City of Hemet RingCentral, Inc.
445 E. Florida Ave
Hemet, CALIFORNIA 92543
United States
20 Davis Drive
Belmont, CA 94002
United States
Scott Underwood
909-305-1500
[email protected]
Service Commitment Period
Start Date: June 11, 2024
Initial Term: 60 Months
Renewal Term: 24 Months
Payment Schedule: Annual
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RingEX Services
Recurring Services
Summary of Service Qty Rate Subtotal
DigitalLine Unlimited Advanced 305 $120.00 $36,600.00
DigitalLine Unlimited Advanced $66.00
Compliance and Administrative Cost Recovery Fee $42.00 e911 Service Fee $12.00
DigitalLine Basic 250 $77.88 $19,470.00
DigitalLine Basic $23.88
Compliance and Administrative Cost Recovery Fee $42.00 e911 Service Fee $12.00
RSI Shadow Analytics 4 $1,857.00 $7,428.00
Poly Edge E450 IP Phone - DaaS 5 $52.80 $264.00
Poly Edge E320 IP Phone - DaaS 15 $43.20 $648.00
Poly Edge E220 IP Phone - DaaS 75 $21.60 $1,620.00
Additional Local Number 1 $11.88 $11.88
Annual Recurring Services* $66,041.88
Total Initial Amount $66,041.88
*Amounts are exclusive of applicable Taxes, Fees, and Shipping Charges.
Cost Center Billing
For customers with cost center billing, it is the customer’s responsibility to provide cost center allocation information to RingCentral at least 10 days prior to the issuance of the invoice. After the information is received, it will be reflected on future invoices, but will not be adjusted retroactively on past invoices. If purchasing addi tional services through the administrative portal, it is the customer’s responsibility to assign cost centers at the time of purchase; otherwise, those services will not be allocated by cost center on the next invoice. Please note that cost center allocati on is not available for certain items, such as minute bundles and credit memos. For additional questions, please contact the RingCentral invoice billing team at [email protected].
Customer Reference. Customer agrees to provide RingCentral upon request, with a case study, press release/activity, blog post, written recommendation, video testimonial, public speaking opportunity or other similar public marketing activity which RingC entral is free to use in its reasonable discretion for marketing purposes.
Free Services Amount
Customer will receive 31,652.20 US Dollars (the “ Free Service Amount ”), which will be applied against charges for the recurring Services set forth in this Order Form and any applicable taxes and fees associated with those Services invoiced by RingCentral. The Free Service Amount is non-transferable and non-refundable and will expire upon termination of this Order Form. The Customer will be responsible for paying for any additional services and products ordered, and any applicable associated taxes and fees.
Add-on Services. Customer is responsible for reviewing additional terms and conditions that may apply to RingCentral add -on services (where available) and certain Advanced Support Services listed on this order form, and which are available at https://www.ringcentral.com/legal/add-on-services.html.
Special Terms & Notes
Elasticity
After the first twelve (12) months of the Initial Term indicated above, Customer shall have the right, one time in any twelve (12) month period, with thirty (30) days’ advance written notice to RingCentral, to remove up to twenty percent (20%) of the total number of
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RingEX Advanced™ digital lines that are part of your Account at the time that such notice is given, so long as the total number of digital lines that are part of your Account never drops below the total number of RingEX Advanced™ digital lines i ncluded in your Initial Order Form. For clarity, you shall be permitted to exercise the digital line reduction right set forth in the immediately preceding sentence on only one occasion in any twelve (12) month period during the Initial or then -current Renewal Term, and other than this “once every twelve (12) months” line reduction right, you shall have no right or ability to reduce the number of digital line s that are part of your Account or remove digital lines from such services.
No pro-rated refunds or credits will be issued for any pre-paid, unused portion of the digital lines which were removed. Any reduction in digital lines will be reflected in your next billing cycle.
Non-Standard Terms
Customer shall have the right, one time in any twelve (12) month period, with thirty (30) days’ advance written notice to RingCentral, to remove up to twenty percent (20%) of the total number of Standard DigitalLine Unlimited licenses that are part of your Acc ount at the time that such notice is given, so long as the total number of Standard DigitalLine Unlimited licenses that are part of your Account never drops below a total of 274 MVP Advanced and 225 MVP Basic licenses.
No pro-rated refunds or credits will be issued for any pre-paid, unused portion of the digital lines which were removed. Any reduction in digital lines will be reflected in your next billing cycle. No partial month pro -rated refunds or credits will be issued for any pre-paid, unused portion of the digital lines which were removed mid -month. Any reduction in digital lines will be applied to the following full month and reflected as a credit in Customer’s next billing cycle.
IN WITNESS WHEREOF, the Parties have executed this Initial Order Form above through their duly authorized representatives.
Customer RingCentral
City of Hemet RingCentral, Inc.
By: \RCsign1\ By:
Name: \RCname1\ Name: Stacy Schwartz
Title: \RCtitle1\ Title: VP U.S. Public Sector & Education Date: \RCdate1\ Date: \RCdate1\
.
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MASTER SERVICES AGREEMENT
This Master Services Agreement is effective as of the date of last signature (“Effective Date”) and made between:
City of Hemet (“Customer”) RingCentral, Inc. (“RingCentral’) Address: Address:
445 E. Florida Ave
Hemet, CALIFORNIA 92543
20 Davis Drive
Belmont, CA 94002
By: \RCsign1\ By:
Name: \RCname1\ Name: Stacy Schwartz
Title: \RCtitle1\ Title: VP U.S. Public Sector & Education Date: \RCdate1\ Date: \RCdate1\
RingCentral and Customer are together referred to as the “Parties” and each individually as a “Party.”
1. The Master Services Agreement (“Agreement”) consists of the terms and conditions contained herein, and any Service Attachments applicable to Customer’s Services, and any other Attachments agreed by the Parties, are incorporated into and form a part of this Agreement.
Exhibit A – Definitions
Attachment A – RingEX Services
Attachment B – Security Addendum
THE PARTIES AGREE AS FOLLOWS:
2. Ordering and Term
A. Ordering Services. Customer may order the Services set forth in the relevant Attachments, attached hereto, by executing an Order Form in the format provided by RingCentral. Customer must submit the Order Form to RingCentral either in writing or electronically via the Administrative Portal. The Order Form will identify the Services requested by Customer together with: (i) the price for each Service; (ii) scheduled Start Date; (iii) and products rented, licensed, or sold to Customer, if any. An O rder Form will become binding when it is executed by the Customer and accepted by RingCentral. RingCentral may accept an Order Form by commencing performance of the requested Services. The Services and invoicing for those Services will begin on the Start Date, as identified in the applicable Order Form or on the day Services are ordered via the Administrative Portal. Customer may purchase additional Services, software, and equipment via the Administrative Portal or by executing additional Order Forms.
B. Equipment. Subject to avai lability based on brand and Customer location, Customer may purchase or rent equipment from RingCentral for use with the Services. The terms and conditions that govern any such transaction can be found at:
i. Purchase: http://www.ringcentral.com/legal/ringcentral-hardware-terms-conditions.html:
ii. Rental: http://www.ringcentral.com/legal/lease-rental.html, and iii. Device as a Services: https://www.ringcentral.com/legal/daas-agreement.html.
C. Term of this Agreement . The Term of this Agreement will commence on the Effective Date and continue unti l the last Order Form is terminated or expires, unless terminated earlier in accordance with its terms.
D. Services Term. The Services Term will begin on the Start Date of the initial Order Form and continue for the initial term set forth in the initial Order Form (“Initial Term”). Upon expiration of the Initial Term, unless otherwise set forth in the Order Form, the
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term recurring Services will automatically renew for successive periods as set forth in the initial Order Form (each a “Renewal Term”) unless either Party gives notice of non -renewal at least thirty (30) days before the expiration of the Initial Term or the then-current Renewal Term. The Term of any recurring Services added to your Account after the initial Order Form is executed will start on the Start Date in the applicable Order Form, will run coterminously with the then -current Term of any preexisting Services unless otherwise extended in the applicable Order Form, and will be invoiced on the same billing cycles as the preexisting Services.
3. Invoicing and Payment
A. Prices and Charges. All prices are identified in US dollars on the Administrative Portal or in the applicable Order Form unless otherwise agreed by the Parties. Additional charges may result if Customer activates additional features, exceeds usage thresholds, or purchases additional Services or equipment. Customer will be liable for all charges resulting from use of the Services on its Account. Unless otherwise agreed between the Parties, recurring charges (such as charges fo r Digital Lines, product licenses, minute bundles, and equipment rental fees) for the Services begin on the Start Date identified in the Administrative Portal or in the applicable Order Form and will remain in effect for the Initial Term (as described in an Order Form) or, if applicable, the then -current Renewal Term. RingCentral will provide notice of any proposed increase in such charges no later than sixty (60) days before the end of the Initial Term or then-current Renewal Term, and any such increase will be effective on the first day of the next Renewal Term. Administrative Fees that RingCentral is entitled to pass on to its customers as a surcharge pursuant to applicable Law may be increased on thirty (30) days’ written notice. Outbound calling rates will be applied based on the rate in effect at the time of use. Customer may locate the currently effective rates in the Administrative Portal.
B. Invoicing and Payment. Invoices will be issued in accordance with the payment terms set forth in the Order Form. If Customer chooses to pay by credit or debit card, by providing a valid credit or debit card, Customer is expressly authorizing all Serv ices and equipment charges and fees to be charged to such payment card, including recurring payments billed on a mont hly or annual basis. In addition, Customer’s provided credit card shall be used for any in -month purchases of additional services and products, or where Customer has exceeded usage or threshold limits, any overage charges. Unless otherwise stated in the applicable Order Form, recurring charges are invoiced in advance in the frequency set forth in the Order Form, and usage-based and onetime charges are billed monthly in arrears. Customer shall make payment in full, without deduction or set-off, within thirty (30) days of the invoice date. Any payment not made when due may be subject to a late payment fee equivalent to the lesser of (i) one and a half percent (1.5%) per month or (ii) if applicable, the highest rate allowed by Law. In no event may payment b e subject to delays due to Customer internal purchase order process.
C. Taxes. All rates, fees, and charges are exclusive of applicable Taxes, for which Customer is solely responsible. Taxes may vary based on jurisdiction and the Services provided. If any withholding tax is levied on the payments, then Customer must increase the sums paid to RingCentral so that the amount received by RingCentral after the withholding tax is deducted is the full amount RingCentral would have received if no withholding or deduc tion had been made. If Customer is a tax -exempt entity, tax exemption will take effect upon provision to and validation by RingCentral of certificate of tax exemption.
D. Billing Disputes. If a Customer reasonably and in good faith disputes any portion of Rin gCentral’s invoice, it must provide written notice to RingCentral within thirty (30) days of the invoice date, identifying the reason for the dispute and the amo unt being disputed. Customer’s dispute as to any portion of the invoice will not excuse Custome r’s obligation to timely pay the undisputed portion of the invoice. Upon resolution, Customer must pay any validly invoiced unpaid amounts within thirty (30) days. Any amounts that are found to be in error resulting in an overpayment by the Customer will b e applied as a billing credit against future invoices. Customer will be reimbursed any outstanding billing credits at the expiration or termination of this Agreement.
4. Provision of the Service
A. General Terms . RingCentral will provide the Services as descri bed in the relevant Service Attachment. RingCentral may enhance, replace, and/or change the features of the Services, but it will not materially reduce the core features, functions, or security of the Services during the Term without Customer’s consent.
B. Customer Care
i. Customer must provide Helpdesk Support to Customer’s End Users. RingCentral may require Customer’s Helpdesk Support personnel to complete a designated series of training courses on RingCentral’s Services. Such training will be provided to Customer online in English at no cost.
ii. RingCentral will make remote support available to Customer’s Helpdesk Support personnel and/or Account Administrators via the Customer Care call center, which will be available 24/7, to attempt to resolve technical is sues with, and answer questions regarding the use of the Services. Unless otherwise agreed by the parties, Customer Care support will be provided in English, and onsite and implementation services are not included in the Customer Care support. iii. Customer may open a case with Customer Care following the process in place at the time. Any individual contacting Customer Care on behalf of Customer must be authorized to do so on behalf of the Account and will be required to follow applicable authentication protocols.
C. Professional Services . RingCentral offers a broad portfolio of professional services that includes onsite and remote implementation services; extended enterprise services including premium technical support; and consulting. Any such services are governed by this Agreement, the Professional Services terms, and any applicable Statement of Work (SOW), which may be attached hereto.