Agenda packet — San Jacinto City Council, November 15, 2022 (part 26 of 26)

STATE OF CALIFORNIA ) ORDINANCE NO. 22-13

COUNTY OF RIVERSIDE )

CITY OF SAN JACINTO )

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO, CALIFORNIA AMENDING CHAPTER 8.40
(NOISE CONTROL) OF TITLE 8 (HEALTH AND SAFETY

CODE) OF THE SAN JACINTO MUNICIPAL CODE
WHEREAS, state law requires the City of San Jacinto (“City”) to adopt and maintain a general plan that contains certain mandatory elements, describes the City’s long-term goals, and develops policies and programs to achieve those goals; and WHEREAS, the City’s General Plan was originally adopted in 1985 and has been subsequently updated and amended to address changing economic, environmental, social, legal, and other conditions in the City; and
WHEREAS, the City in late 2018 initiated the process of updating the City’s General Plan by approving a work plan and schedule, undertaking public meetings, and conducting public workshops; and
WHEREAS, following this process, on November 15, 2022, the City Council adopted Resolution No. 3950 to adopt the General Plan 2040; and WHEREAS, on November 15, 2022, the City Council also adopted Resolution No. 3949 to certify the Final Environmental Impact Report (“Final EIR”) for the General Plan 2040 and Resolution No. 3951 to adopt the Amended 6
th cycle Housing Element (2021-
2029) as part of the General Plan 2040; and
WHEREAS, the City Council has determined that certain changes to the San Jacinto Municipal Code are necessary and appropriate in order to implement the newlyadopted General Plan 2040, including the Amended 6 th cycle Housing Element (2021-
2029); and
WHEREAS, General Plan 2040 Public Safety Action PS-6a states that the City shall “review Chapter 8.40 of the San Jacinto Municipal Code and update as necessary to ensure that the noise standards are consistent with this General Plan, including Tables PS-1, PS-2, PS-3, and PS-4 and to require new residential, mixed-use with a residential component, and other noise-sensitive development to be designed to minimize noise exposure to noise sensitive uses through incorporation of site planning and architectural techniques. The update shall also include noise standards for residential uses within a mixed-use development, which may differ from other adopted residential noise standards”; and
WHEREAS, General Plan 2040 Public Safety Action PS-6i states that the City shall “during subsequent updates to Section 8.40 of the Municipal Code, review and update

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Section 8.40.090, Construction Activity Noise Regulations, as needed in order to allow provisions for emergency repairs, exceptional circumstances, and reasonable Sunday construction and maintenance activities, while continuing to achieve the objectives of providing a nuisance-free noise environment”; and
WHEREAS, specifically, the City Council wishes to make certain amendments to Chapter 8.40 (Noise Control) of Title 8 (Health and Safety Code) of the San Jacinto Municipal Code as further set forth in Exhibit “A” to this Ordinance, which is attached hereto and incorporated herein by this reference; and
WHEREAS, on October 25, 2022, the Planning Commission adopted Planning Commission Resolution No. 22-02, in relevant part, recommending the introduction and adoption of this Ordinance for the implementation of the General Plan 2040, including the Amended 6
th cycle Housing Element (2021-2029); and
WHEREAS, on November 15, 2022, the City Council held duly noticed public hearings on this Ordinance; and
WHEREAS¸ the City published notice of its Planning Commission and City Council public hearings in the Press Enterprise, a newspaper of general circulation; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have been satisfied.

NOW, THEREFORE, the City Council of the City of San Jacinto hereby finds, determines, and resolves as follows:

SECTION 1. The recitals set forth above are true and correct and are incorporated into this Ordinance by this reference.

SECTION 2. The City Council has certified the Final EIR pursuant to the California Environmental Quality Act and adopted Findings of Fact and a Statement of Overriding Considerations for the General Plan 2040. The City Council hereby incorporates by reference, as if fully set forth herein, the Resolution certifying the Final EIR and adopting the Findings of Fact, and Statement of Overriding Considerations for the General Plan 2040.

SECTION 3. Chapter 8.40 (Noise Control) of Title 8 (Health and Safety Code) of the San Jacinto Municipal Code is hereby amended as set forth in Exhibit “A”, which is attached hereto and incorporated herein by this reference.

SECTION 4. The City Council hereby authorized the City Manager or his or her designee is authorized to make minor modifications to the Municipal Code to address inconsistencies, and other non-substantive changes including, but not limited to, structure, numbering, formatting, errors and omissions, non-sequiturs, etc.

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Packet Pg. 5635 Attachment: Ordinance No. 22-13 - Chapter 8.40 (Noise Control) (Envision San Jacinto - General Plan 2040) Ordinance No. 22-13

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SECTION 5. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City Clerk’s office located at 595 S. San Jacinto Avenue, San Jacinto, CA 92583. The custodian for these records is the City Clerk.

SECTION 6. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable.

The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.

SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.

SECTION 8. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of San Jacinto, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with Government Code § 36933.

INTRODUCED at a regular meeting of the City Council of the City of San Jacinto held on November 15, 2022.

PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council on the 6
th day of December 2022, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

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Packet Pg. 5636 Attachment: Ordinance No. 22-13 - Chapter 8.40 (Noise Control) (Envision San Jacinto - General Plan 2040) Ordinance No. 22-13

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CITY OF SAN JACINTO:
_____________________________
Crystal Ruiz, Mayor
ATTEST:
______________________________
Julia Espinoza, City Clerk
APPROVED AS TO FORM:

BEST, BEST & KRIEGER LLP
__________________________________
Michael J. Maurer, City Attorney

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CERTIFICATION

STATE OF CALIFORNIA)

COUNTY OF RIVERSIDE) SS

CITY OF SAN JACINTO)
I, Julia Espinoza, duly appointed City Clerk of the City of San Jacinto, do hereby certify that the foregoing Ordinance No. 22-13 was introduced at a regular meeting of the City Council of the City of San Jacinto on the 15th day of November 2022.

Ordinance No. 22-13 was passed, approved, and adopted by the City Council of the City of San Jacinto, California, at a regular meeting of the City Council held on the 6 th day of
December 2022:

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND SEAL the 6
th day of December, 2022.
_____________________________
Julia Espinoza, City Clerk
City of San Jacinto

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Packet Pg. 5638 Attachment: Ordinance No. 22-13 - Chapter 8.40 (Noise Control) (Envision San Jacinto - General Plan 2040) Ordinance No. 22-13

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EXHIBIT “A”
AMENDMENTS TO CHAPTER 8.40 (NOISE CONTROL) OF TITLE 8 (HEALTH

AND SAFETY CODE) OF THE SAN JACINTO MUNICIPAL CODE

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Packet Pg. 5639 Attachment: Ordinance No. 22-13 - Chapter 8.40 (Noise Control) (Envision San Jacinto - General Plan 2040) San Jacinto Municipal Code
Chapter 8.40 NOISE CONTROL

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The San Jacinto Municipal Code is current through Ordinance 22-09, passed August 2, 2022.

Chapter 8.40

NOISE CONTROL
Sections:

8.40.010 Declaration of findings and policy.

8.40.020 Definitions.

8.40.030 Designated noise zonesLand use compatibility standards.

8.40.040 Exterior Mobile noise source standards.

8.40.050 Interior Stationary noise source standards, exterior and interior.

8.40.060 Exemptions.

8.40.070 Loud and disturbing noise.

8.40.080 Real property maintenance noise regulations.

8.40.090 Construction activity noise regulations.

8.40.100 Other public agency exceptions.

8.40.110 Schools, day care centers, churches, libraries, museums, health-care institutions—Special provisions.

8.40.120 Sound-amplifying equipment.

8.40.130 Amplified sound.

8.40.140 Heating, venting, pool/spa and air conditioning—Special provisions.

8.40.150 Motor vehicles.

8.40.160 Noise level measurement.

8.40.170 Prima facie violation.

8.40.180 Penalty.

8.40.190 Enforcement and administration.

8.40.200 City manager waiver.

8.40.210 Noise abatement program.

8.40.010 Declaration of findings and policy.

It is hereby found and declared that:

A. The making and creation of excessive, unnecessary or unusually loud noises within the limits of the city of San Jacinto is a condition that has existed for some time; however, the extent and volume of such noises is increasing; and
B. The making, creation or maintenance of such excessive, unnecessary, unnatural or unusually loud noises that are prolonged, unusual and unnatural in their time, place and use affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the city of San Jacinto; and C. The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the residents of the city of San Jacinto. (Ord. 07-17 § 2 (part))

8.40.020 Definitions.

As used in this chapter, specific words and phrases are defined as follows:
“A-weighted sound level” shall mean the sound pressure level in decibels as measured on a sound level meter using the A-weighted filter network. The A-weighting filter de-emphasizes the very low and very high-frequency components of the sound in a manner similar to the response of the human ear. A numerical method of rating human judgment of loudnessthe sound pressure level in decibels (dBAs) as measured with a sound level meter using the A-weighted filter network (scale) at slow response and at a pressure of twenty (20) micropascals. The A-weighted filter de-emphasizes the very low and a very high frequency component of sound in a manner similar to the response of the human ear, and is a numerical method of rating human judgment of loudness.

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Packet Pg. 5640 Attachment: Ordinance No. 22-13 - Exhibit "A" - Noise Control (Envision San Jacinto - General Plan 2040) San Jacinto Municipal Code
Chapter 8.40 NOISE CONTROL

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The San Jacinto Municipal Code is current through Ordinance 22-09, passed August 2, 2022. “Ambient noise level” shall mean the composite of noise from all sources, near and far. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given locationall-encompassing noise level associated with a given environment and is a composite of sounds from all sources, excluding the alleged offensive noise or excessive sound, at the location and approximate time at which a comparison with the alleged offensive noise is to be made.
“Applicable (noise) zone” shall mean the noise zone category based on the actual use of the property; provided, that the actual use is a legal use in the city of San Jacinto. “Community Noise Equivalent Level (CNEL) shall mean the average equivalent A-weighted sound level during a 24-hour day, obtained after the addition of five (5) decibels to sound levels in the evening from 7:00 to 10:00 PM and after the addition of ten (10) decibels to sound levels in the night between 10:00 PM and 7:00 AM. “Decibel (dBA)” shall mean a unit for measuring the amplitude of a sound, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of pressure of the sound measured to the reference pressure of twenty (20) micro-pascals.
“Equivalent sound or noise level (Leq)” shall mean the sound level corresponding to a steady noise level over a given sample period with the same amount of acoustic energy as the actual time-varying noise level. The energy average noise level during the sample periodshall mean the International Electrotechnical Commission (IEC) 60804 Standard for measurement, or the most recent revision thereof, for the sound level corresponding to a steady state noise level over a given sample period with the same amount of acoustic energy as the actual time varying noise level or the energy average noise level during the sample period. The measurement period for the purposes of this chapter is fifteen (15) minutes.
“Habitable room” shall mean any room meeting the requirements of the California Building Code or other applicable regulations which is intended to be used for sleeping, living, cooking, or dining purposes, excluding such enclosed spaces as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms, and similar spaces. “Impulsive noise” shall mean a noise of short duration usually less than one second and of high intensity, with an abrupt onset and rapid decay. Such objectionable noises may also be repetitive. “Intrusive noise” shall mean that noise that intrudes over and above the ambient noise at a given location. The relative intrusiveness of a sound depends upon its amplitude, duration, frequency, time of occurrence and tonal information content, as well as the prevailing ambient noise level. “L(n)” shall mean the A-weighted sound level exceeded during a certain percentage of the sample time. For example, L10 in the sound level exceeded 10 percent of the sample time. Similarly, L50, L90, L99, etc. “Maintenance” shall mean the upkeep, repair or preservation of existing property or structures. “Noise” shall mean any unwanted sound or sound that is undesirable because it interferes with speech and hearing, or is intense enough to damage hearing, or is otherwise annoying. “Outdoor living area” shall mean outdoor spaces that are associated with residential land uses typically used for passive recreational activities or other noise-sensitive uses. Such spaces include patio areas, barbecue areas, jacuzzi areas, etc. associated with residential uses; outdoor patient recovery or resting areas associated with hospitals, convalescent hospitals, or rest homes; outdoor areas associated with places of worship which have a significant role in services or other noise-sensitive activities; and outdoor school facilities routinely used for educational purposes which may be adversely impacted by noise. Outdoor areas usually not included in this definition are: front yard areas, driveways, greenbelts, maintenance areas and storage areas associated with residential land uses; exterior areas at hospitals that are not used for patient activities; outdoor areas associated with places of worship and principally used for short-term social gatherings; and, outdoor areas associated with school facilities that are not typically associated with educational uses prone to adverse noise impacts (for example, school play yard areas).

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Packet Pg. 5641 Attachment: Ordinance No. 22-13 - Exhibit "A" - Noise Control (Envision San Jacinto - General Plan 2040) San Jacinto Municipal Code
Chapter 8.40 NOISE CONTROL

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The San Jacinto Municipal Code is current through Ordinance 22-09, passed August 2, 2022. “Sound level (noise level)” shall mean the weighted sound pressure level obtained by use of a sound level meter having a standard frequency filter for attenuating part of the sound spectrum. “Sound level meter” shall mean an instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement and determination of noise and sound levels. “Single Event Noise Exposure Level (SENEL)” shall mean the dBA level which, if it lasted for one second, would produce the same A-weighted sound energy as the actual event. “Noise level (sound level)” shall mean the weighted sound pressure level obtained by use of a sound level meter having a standard frequency filter for attenuating part of the sound spectrum. For purposes of this chapter, all noise levels (sound levels) shall be A-weighted sound pressure level. “Noise (sound) level meter” shall mean an instrument, including a microphone, an amplifier, an output meter and frequency weighting networks for the measurement and determination of noise and sound levels. For the purposes of this chapter, the sound level meter must meet the International Electrotechnical Commission (IEC) 60651 and 60804 Standards, or the most recent revisions thereof, for Type 1 sound level meters or an instrument and the associated recording and analyzing equipment that will provide equivalent data. (Ord. 07-17 § 2 (part))

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The San Jacinto Municipal Code is current through Ordinance 22-09, passed August 2, 2022.

8.40.030 Designated noise zonesLand use compatibility standards..

A. The following land use compatibility standards shall apply to all development and infrastructure projects:
.

The properties hereinafter described shall be assigned to the following noise zones:

Noise Zone I: All single-family residential properties; Noise Zone II: All multifamily residential properties and mobile

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The San Jacinto Municipal Code is current through Ordinance 22-09, passed August 2, 2022. home parks;
Noise Zone III: All commercial property;
Noise Zone IV: The residential portion of mixed use properties; Noise Zone V: All manufacturing or industrial properties and all other uses.

The actual use of the property, and not necessarily its zoning designation, shall be the determining factor in establishing whether a property is in Noise Zone I, II, III, IV or V; provided, that the actual use is a legal use within the applicable zone. (Ord. 07-17 § 2 (part))

8.40.040 Exterior noise standardsMobile noise source standards.

A. The following exterior noise standards for maximum allowable noise exposure from mobiles sources shall apply to all development and infrastructure projects to mobile noise sources, unless otherwise specifically indicated,. shall apply to all properties within a designated noise zone:

Land Use
Noise Standards1
Exterior Interior
Residential – single-family, multi-family, duplex and mobile home 65 dB(A) 45 dB(A)
Residential – transient lodging, hotels, motels, nursing homes, hospitals, assisted care facilities 65 dB(A) 45 dB(A) Private offices, churches, libraries, theaters, concert halls, meeting halls, schools 65 dB(A) 45 dB(A)
General commercial, office, retail, reception, restaurant 65 dB(A) 45 dB(A) Light industrial2--- ---
Parks and playgrounds3 65 dB(A) 50 dB(A)
Golf courses, outdoor spectator sports 70 dB(A) ---
Allowable Exterior Noise Level (1)
Allowed Equivalent Noise
Level, Leq.
(2)
Noise Zone Type of Land
Use
7:00 a.m. to
10:00 p.m.
10:00 p.m. to
7:00 a.m.

I Single-Family
Residential
65 dBA 45 dBA
II Multifamily
Residential,
Mobile Home
Parks
65 dBA 50 dBA
III Commercial
Property
65 dBA 60 dBA
IV Residential
Portion of
Mixed Use
70 dBA 70 dBA
V Manufacturing
and Industrial,
Other Uses
70 dBA 70 dBA

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Packet Pg. 5644 Attachment: Ordinance No. 22-13 - Exhibit "A" - Noise Control (Envision San Jacinto - General Plan 2040) San Jacinto Municipal Code
Chapter 8.40 NOISE CONTROL

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The San Jacinto Municipal Code is current through Ordinance 22-09, passed August 2, 2022. (1)
In Community Noise Equivalent Level (CNEL)If the ambient noise level exceeds the resulting standard, the ambient noise level shall be the standard.
(2)
Noise standards do not apply to Light Industrial areasMeasurements for compliance are made on the affected property pursuant to Section

8.40.160.
(3)
Outdoor environment limited to playground areas, picnic areas and other areas of frequent human use.

B. It is unlawful for any person at any location within the incorporated area of the city to create noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which noise causes the noise level, when measured at any location on any other property, to exceed either of the following:

1. The noise standard for the applicable zone for any fifteen (15) minute period;

2. A maximum instantaneous (single instance) noise level equal to the value of the noise standard plus twenty (20) dBA for any period of time (measured using A-weighted slow response).

C. In the event the ambient noise level exceeds the noise standard, the maximum allowable noise level under such category shall be increased to reflect the maximum ambient noise level.

D. The Noise Zone IV standard shall apply to that portion of residential property falling within one hundred (100) feet of a commercial property or use, if the noise originates from that commercial property or use.

E. If the measurement location is on a boundary between two different noise zones, the lower noise level standard applicable to the noise zone shall apply. (Ord. 07-17 § 2 (part))

8.40.050 Interior Stationary noise source standards, exterior and interior.

A. The following noise standards for maximum allowable noise level due to stationary noise sources shall apply to all development and infrastructure projects, unless otherwise specifically indicatedThe following allowable interior exterior noise standards due to stationary noise sources, unless otherwise specifically indicated, shall apply to all properties within a designated noise zone:

Allowable Interior Noise Level (1)
Allowed Equivalent Noise
Level, Leq.
(2)
Noise Zone Type of Land
Use
7:00 a.m. to
10:00 p.m.
10:00 p.m. to
7:00 a.m.

I Single-Family
Residential
45 dBA 40 dBA
II Multifamily
Residential,
Mobile Home
Parks
45 dBA 40 dBA
IV Residential
Portion of
Mixed Use
45 dBA 40 dBA
Type of Land Use Allowed Equivalent Noise Level, dBA Leq2 7:00 a.m. to 10:00 p.m. 10:00 p.m. to 7:00 a.m.

All single-family residential properties 65 45
All multifamily residential properties and mobile home parks 65 50 All commercial property 65 60
The residential portion of mixed-use properties 70 70
All manufacturing or industrial properties and all other uses 70 70

1. If the ambient noise level exceeds the resulting standard, the ambient noise level shall be the standard.

2. Measurements for compliance are made on the affected property pursuant to Municipal Code Section

8.40.160.

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Packet Pg. 5645 Attachment: Ordinance No. 22-13 - Exhibit "A" - Noise Control (Envision San Jacinto - General Plan 2040) San Jacinto Municipal Code
Chapter 8.40 NOISE CONTROL

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The San Jacinto Municipal Code is current through Ordinance 22-09, passed August 2, 2022. person, which noise causes the noise level, when measured at any location on any other property, to exceed either of the following:
a. The noise standard for the applicable zone for any fifteen (15) minute period; b. A maximum instantaneous (single instance) noise level equal to the value of the noise standard plus twenty (20) dBA for any period of time (measured using A-weighted slow response).

4. In the event the ambient noise level exceeds the noise standard, the maximum allowable noise level under such category shall be increased to reflect the maximum ambient noise level.

5. The residential portion of mixed-use properties standard shall apply to that portion of residential property falling within one hundred (100) feet of a commercial property or use if the noise originates from that commercial property or use.

6. If the measurement location is on a boundary between two different types of land uses, the lower noise level standard applicable to types of land uses shall apply.

B. The following allowable interior noise standards due to stationary noise sources shall apply to all development and infrastructure projects,, unless otherwise specifically indicated, shall apply:

Type of Land Use
Allowed Equivalent Noise Level, dBA Leq2
7:00 a.m. to 10:00 p.m. 10:00 p.m. to 7:00 a.m.

All single-family residential properties 45 40
All multifamily residential properties and mobile home parks 45 40 All commercial property 45 40
Residential Portion of Mixed Use 45 40

1. If the ambient noise level exceeds the resulting standard, the ambient noise level shall be the standard.

2. Measurements for compliance are made on the affected property pursuant to Municipal Code Section

8.40.160.

3. It is unlawful for any person at any location within the incorporated area of the city to create noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, which noise causes the noise level, when measured at any location on any other property, to exceed either of the following:
a. The noise standard for the applicable zone for any fifteen (15) minute period; b. A maximum instantaneous (single instance) noise level equal to the value of the noise standard plus twenty (20) dBA for any period of time (measured using A-weighted slow response).

4. In the event the ambient noise level exceeds the noise standard, the maximum allowable noise level under such category shall be increased to reflect the maximum ambient noise level.

5. The residential portion of mixed-use standard shall apply to that portion of residential property falling within one hundred (100) feet of a commercial property or use if the noise originates from that commercial property or use.

6. If the measurement location is on a boundary between two different types of land uses, the lower noise level standard applicable to the types of land uses shall apply.

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Packet Pg. 5646 Attachment: Ordinance No. 22-13 - Exhibit "A" - Noise Control (Envision San Jacinto - General Plan 2040) San Jacinto Municipal Code
Chapter 8.40 NOISE CONTROL

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The San Jacinto Municipal Code is current through Ordinance 22-09, passed August 2, 2022.

8.40.060 Sensitive Uses Development Projects.

A. New residential developments, mixed-use developments with a residential component, and other noise-sensitive development (including, but not limited to schools, day cares, hospitals) shall be designed to minimize noise exposure to sensitive uses through the incorporation of site planning and architectural techniques.

B. New discretionary projects which have the potential to generate noise impacts which exceed the standards identified in this Chapter shall be required to submit acoustical studies. The studies shall include representative noise measurements, estimates of existing and projected noise levels, and mitigation measures necessary to ensure compliance with the noise standards established in this Chapter.

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Packet Pg. 5647 Attachment: Ordinance No. 22-13 - Exhibit "A" - Noise Control (Envision San Jacinto - General Plan 2040) San Jacinto Municipal Code
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The San Jacinto Municipal Code is current through Ordinance 22-09, passed August 2, 2022. (1)
If the ambient noise level exceeds the resulting standard, the ambient noise level shall be the standard. (2)
Measurements for compliance are made on the affected property pursuant to Section 8.40.160.

1. The noise standard for the applicable zone for any fifteen (15) minute period;

2. A maximum instantaneous (single instance) noise level equal to the value of the noise standard plus twenty (20) dBA for any period of time (measured using A-weighted slow response).

C. In the event the ambient noise level exceeds the noise standard, the maximum allowable noise level under such category shall be increased to reflect the maximum ambient noise level.

E. If the measurement location is on a boundary between two different noise zones, the lower noise level standard applicable to the noise zone shall apply. (Ord. 07-17 § 2 (part))

8.40.0760 Exemptions.

The following activities shall be exempted from the provisions of this chapter:

A. Any activity conducted on public property, or on private property with the consent of the owner, by any public entity or its officers, employees, representatives, agents, subcontractors, permittees, licensees or lessees that the public entity has authorized, shall be exempt from the provisions of this chapter. This includes, without limitation, sporting and recreational activities that are sponsored, co-sponsored, permitted or allowed by the city of San Jacinto or any school district within the city’s jurisdictional boundaries. This also includes, without limitation, occasional outdoor gatherings, public dances, shows or sporting and entertainment events, provided such events are conducted pursuant to an approval, authorization, contract, lease, permit or sublease by the appropriate public entity, including the planning commission or city council;
B. Occasional outdoor gatherings, public dances, show, sporting and entertainment events, provided said events are conducted pursuant to a permit or license issued by the appropriate jurisdiction relative to the staging of said events;
C. Public safety personnel in the course of executing their official duties, including, but not limited to, sworn peace officers, emergency personnel and public utility personnel. This exemption includes, without limitation, sound emanating from all equipment used by such personnel, whether stationary or mobileAny mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle, work or warning alarm or bell, provided the sounding of any bell or alarm on any building or motor vehicle shall terminate its operation within forty-five (45) minutes in any hour of its being activated; D. Noise sources associated with construction, repair, remodeling, demolition or grading of any real property.

Such activities shall instead be subject to the provisions of Section 8.40.090; E. Noise sources associated with construction, repair, remodeling, demolition or grading of public rights-of-way or during authorized seismic surveys;
F. All mechanical devices, apparatus or equipment associated with agriculture operations; provided, that:

1. Operations do not take place between eight p.m. and seven a.m. on weekdays, including Saturday, or at any time on Sunday or a federal holiday, or

2. Such operations and equipment are utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions, or

3. Such operations and equipment are associated with agricultural pest control through pesticide application, provided the application is made in accordance with permits issued by or regulations enforced by the California Department of Agriculture;
G. Noise sources associated with the maintenance of real property. Such activities shall instead be subject to the provisions of Section 8.40.080;

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Packet Pg. 5648 Attachment: Ordinance No. 22-13 - Exhibit "A" - Noise Control (Envision San Jacinto - General Plan 2040) San Jacinto Municipal Code
Chapter 8.40 NOISE CONTROL

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The San Jacinto Municipal Code is current through Ordinance 22-09, passed August 2, 2022.

HG. Any activity to the extent regulation thereof has been preempted by state or federal law; HI. Any noise sources associated with people and/or music associated with a party at a residential property. Such noise shall be subject to the provisions of Section 8.40.070; IJ. Any noise source emanating from an ice cream truck within the city of San Jacinto. Such noise shall be subject to the provisions of Section 5.28.140;
JK. Any noise sources associated with barking dogs or other intermittent noises made by animals on any property within the city of San Jacinto. Such noise shall be subject to the provisions of Section 6.24.030; K. Property maintenance, including, but not limited to, the operation of lawnmowers, leaf blowers, etc., provided such maintenance occurs between the hours of 7:00 a.m. and 7:00 p.m.

LL. Noise sources related to uses approved by a permit or development agreement adopted prior to the date of adoption of the ordinance codified in this chapter and that contains acoustic or noise standard conditions of approval. This exemption shall only be applicable during the effective period of the city-approved permit or development agreement. (Ord. 07-17 § 2 (part))

8.40.0870 Loud and disturbing noise.

A. It is unlawful for any person or property owner within the city to make, cause or allow to be made any loud, excessive, impulsive or intrusive noise, disturbance or commotion that disturbs the peace or quiet of any area or that causes discomfort or annoyance to any reasonable person of normal sensitivities in the area. The types of loud, disturbing, excessive, impulsive or intrusive noise may include, but shall not be limited to, yelling, shouting, hooting, whistling, singing, playing a musical instrument, or emitting or transmitting any loud music or noise from any mechanical or electrical sound-making or sound-amplifying device.

B. The factors, standards, and conditions that may be considered in determining whether a violation of the provisions of this section has been committed include, but are not limited to, the following:

1. The level of the noise;

2. The level and intensity of the background (ambient) noise, if any;

3. The proximity of the noise to residential or commercial sleeping areas;

4. The nature and zoning of the area within which the noise emanates;

5. The density of inhabitation of the area within which the noise emanates;

6. The time of day and night the noise occurs;

7. The duration of the noise;

8. Whether the noise is constant, recurrent or intermittent;

9. Whether the noise is produced by a commercial or noncommercial activity;

10. Whether the use is lawful under the provisions of this code and whether the noise is one that could reasonably be expected from the activity or allowed use. (Ord. 07-17 § 2 (part))

8.40.080Real property maintenance noise regulationsReserved.

A. No person, while engaged in maintenance of real property, shall operate any tool, equipment or machine (including, but not limited to, any lawnmower, weedeater, leafblower, mulching machine, or chainsaw) in a manner that produces loud noise that disturbs a person of normal sensitivity who works or resides in the vicinity, or a peace officer, except between the hours of seven a.m. and seven p.m. of the same day.

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B. No landowner, occupant, gardener, property maintenance service, contractor, subcontractor or employer shall permit or allow any person or persons working under his or her direction or control to operate any tool, equipment or machine in violation of the provisions of this section. (Ord. 07-17 § 2 (part))

8.40.090 Construction activity noise regulations.

A. The erection (including excavation), demolition, alteration or repair of any building shall occur between the hours of 7 a.m. and 7 p.m. on weekdays and Saturdays, and between 9 a.m. and 6 p.m. on Sundays and Hholidays, except when such work complies with the terms of a temporary use permit which may be issued by the Community Development Director or his or her designee, upon a showing of sufficient need due to hot or inclement weather, or the use of an unusually long process material, or other circumstances of unusual and compelling natureWeekdays and Saturdays. No person shall engage in construction, remodeling, digging, grading, demolition or any other related building activity, nor shall operate any tool, equipment or machine, on any weekday or Saturday except between the hours of seven a.m. and seven p.m.

B. Sundays and Holidays. No person shall engage in construction, remodeling, grading, demolition or other related building activity, nor shall operate any tool, equipment or machine, on any Sunday or any federal holiday.

C. No landowner, construction company owner, contractor, subcontractor or employer shall permit or allow any person or persons working under their direction and control to operate any tool, equipment or machine in violation of the provisions of this section.

D. Exceptions.

1. The provisions of this section shall not apply to emergency construction work performed by a private party when authorized by the city manager or his or her designee;

2. The maintenance, repair or improvement of any public work or facility by public employees, by any person or persons acting pursuant to a public works contract, or by any person or persons performing such work or pursuant to the direction of, or on behalf of, any public agency; provided, however, this exception shall not apply to the city of San Jacinto, or its employees, contractors or agents, unless:
a. The city manager or a department head determines that the maintenance, repair or improvement is immediately necessary to maintain public services, or
b. The maintenance, repair or improvement is of a nature that cannot feasibly be conducted during normal business hours, or
c. The city council has approved project specifications, contract provisions, or an environmental document that specifically authorizes construction during hours of the day that would otherwise be prohibited pursuant to this section;

33. Any construction that complies with the noise limits specified in Section 8.40.040 or 8.40.050. (Ord. 15-07 § 1; Ord. 07-17 § 2 (part))

8.40.100 Other public agency exceptions.

The provisions of this chapter shall not be construed to prohibit any work at different hours by or under the direction of any other public agency or public or private utility company in cases of necessity or emergency. (Ord. 07-17 § 2 (part))

8.40.110 Schools, day care centers, churches, libraries, museums, health-care institutions—Special provisions.

It is unlawful for any person to create any noise that causes the outdoor noise level at any school, day care center, hospital or similar health-care institution, church, library or museum while the same is in use, to exceed the noise standards specified in Section 8.40.040 prescribed for the assigned Noise Zone Ithis Chapter. (Ord. 07-17 § 2 (part))

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8.40.120 Sound-amplifying equipment.

Loudspeakers, sound amplifiers, public address systems or similar devices used to amplify sounds shall be subject to the provisions of Section 8.40.130. Such sound-amplifying equipment shall not be construed to include electronic devices, including, but not limited to, radios, tape players, tape recorders, compact disc players, MP3 players, electric keyboards, music synthesizers, record players or televisions, which are designed and operated for personal use, or used entirely within a building and are not designed or used to convey the human voice, music or any other sound to an audience outside such building, or which are used in vehicles and heard only by occupants of the vehicle in which installed. (Ord. 07-17 § 2 (part))

8.40.130 Amplified sound.

A. The city council enacts the following legislation for the sole purpose of securing and promoting the public health, comfort, safety and welfare for its citizenry. While recognizing that the use of sound-amplifying equipment may be entitled to certain protection by the constitutional rights of freedom of speech and assembly, the city council finds that in order to protect the public safety and the correlative rights of the citizens of this community to privacy and freedom from public nuisance of loud and unnecessary noise, reasonable regulation of the time, place and manner of the use of amplifying equipment is necessary. In no event shall approval or authorization required herein be withheld by reason of the constitutionally protected content of any material proposed to be broadcast through amplifying equipment.

B. It is unlawful for any person, other than personnel of law enforcement or governmental agencies, to install, use or operate a loudspeaker or sound-amplifying device in a fixed or movable position or mounted upon any vehicle within the city for the purpose of giving instructions, directions, talks, addresses or lectures to any persons or assemblages of persons in or upon any street, alley, sidewalk, park, place or public property without a permit to do so from the police chief or his or her designee. Notwithstanding any other provision of this chapter, the provisions of this section shall also apply to the use of sound-amplifying equipment upon public or private property when used in connection with outdoor or indoor public or private events, whether or not admission is charged or food or beverages are sold, when such activity is to be attended by more than one hundred (100) persons and the noise emanating from the event will be audible at the property plane, or, in the case of a street dance or concert, on the nearest residential property. Those activities listed in Section 8.40.060(A) are exempt from the requirements of this section.

C. The police chief or his or her designee is authorized to approve and issue permits under this section.

D. An application for a permit required by this section shall be filed with the police chief at least sixteen (16) days and no more than one hundred twenty (120) days prior to the date on which the sound-amplifying equipment is intended to be used. Applications for events covered by the First Amendment of the United States Constitution are exempt from the time requirements of this section if it is shown that circumstances require a shorter filing period and the event will not constitute an unsafe condition. The application shall contain the following information:

1. The name, address and telephone number of both the owner and the user of the sound-amplifying equipment;

2. The license number, if a sound truck is to be used;

3. A general description of the sound-amplifying equipment which is to be used;

4. Whether sound-amplifying equipment will be used for commercial or noncommercial purpose;

5. The dates and times upon and within which, and the streets or property over or upon which, the equipment is proposed to be operated;

6. The name or names of one or more persons who will be present during the conduct of any activities for which registration is sought and who will have authority to reduce the volume of any sound-amplifying equipment during the course of the activities if required pursuant to this chapter and, otherwise, to ensure compliance with the provisions of this chapter;

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7. A statement by the applicant that he or she is willing and able to comply with the provisions of this chapter and the conditions of the permit;

8. A sketch of the area or facilities within which the activities are to be conducted, with approximate dimensions and illustration of the location and orientation of all sound-amplifying equipment.

E. The police chief shall deny the permit application or revoke any permit if the chief finds any of the following:

1. The application contains materially false or intentionally misleading information; or

2. The use of sound-amplifying equipment at an event or activity proposed will be located in or upon a premises, building or structure that is hazardous to the health or safety of the employees or patrons of the premises, business, activity, or event, or the general public, under the standards established by the International Building or Fire Codes, or other applicable codes, as set forth in this title and Title 15 of this code; or

3. The use of sound-amplifying equipment at an event or activity proposed in or upon a premises, building or structure that lacks adequate on-site parking for participants attending the proposed event or activity under the applicable standards set forth in Article 15 of the San Jacinto Zoning Ordinance; or

4. The conditions of any motor vehicle movement are such that, in his or her opinion, the use of the equipment would constitute an unreasonable interference with traffic safety; or

5. The conditions of pedestrian movement are such that the use of the equipment would constitute a detriment to traffic safety; or

6. The application submitted by the applicant reveals that the applicant would violate the provisions of this section or any other provision of federal, state and/or local law; or

7. The applicant is unwilling or unable to comply with the provisions of this chapter or any conditions imposed upon any permit issued; or

8. There had already been a permitted event at the intended location, or within a two hundred (200) yard radius of the intended location and the prior permitted event was located on residentially zoned property or on a street, alley, public parking lot or neighborhood park within three months prior to the intended event.

Community parks are exempt from this subsection (E)(8); or

9. The applicant or location has had previous violations within the past calendar year, and in the judgment of the police chief, issuance would be contrary to the intent of this section.

F. In determining whether the use of the equipment would constitute an unreasonable interference with or detriment to traffic safety, the police chief shall consider, but shall not necessarily be limited to:

1. The volumes, patterns and speed of vehicular and pedestrian traffic in the proposed area of use;

2. The relationship of the proposed use of equipment and potential impacts upon traffic patterns;

3. Availability of sufficient room for the operation of the equipment without significantly interfering with the traffic patterns;

4. Proximity to schools, playgrounds and similar facilities where use of such equipment might attract children into traffic patterns;

5. Proximity to busy intersections or other potentially hazardous conditions where use of such equipment might constitute a hazard by reason of its tendency to distract drivers of vehicles or pedestrians.

G. Issuance or Denial.

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1. If the application is approved, the police chief shall return an approved copy of the application to the applicant and shall issue a permit. The permit shall constitute permission for the use of the sound-amplifying equipment as requested.

2. Any application filed shall be either approved or disapproved within five days of the filing thereof.

3. If the application is disapproved, the police chief shall return a disapproved copy forthwith to the applicant with a written statement on the reason for disapproval. a. Any person aggrieved by a decision of the police chief or his or her designee may file an appeal to the city manager. A complete and proper appeal shall be filed with the city clerk within ten (10) calendar days of the action that is the subject of the appeal. If the applicant fails to file an appeal within the ten (10) day filing period provided herein, denial shall take effect immediately upon expiration of such filing period. All appeals shall be in writing and shall contain the following information: (i) name(s) of the person filing the appeal, (ii) a brief statement in ordinary and concise language of the relief sought, and (iii) the signatures of all parties named as appellants and their mailing addresses. After receiving the appeal, the city clerk shall immediately forward the matter to the city manager for handling.
b. The city manager shall, upon receipt of the appeal, set the matter for hearing before the city manager or a hearing officer. Any hearing officer shall be a licensed attorney or recognized mediator designated by the city manager. The hearing shall be set for not more than ten (10) calendar days after the receipt of the appeal unless a longer time is requested or consented to by the appellant. Notice of such hearing shall be given in writing and mailed at least five calendar days prior to the date of the hearing, by United States mail, with a proof of service attached, addressed to the address listed on the permit application, or the written appeal if different from the permit application. The notice shall state the grounds of the complaint or reason for the denial and shall state the time and place where such hearing will be held.
c. The city manager or hearing officer shall, within ten (10) calendar days following the conclusion of the hearing, make a written finding and decision, which shall be delivered to the city and the appellant by first class mail. Notwithstanding any provisions in this code, the decision of the city manager or hearing officer shall be the final administrative decision of the city of San Jacinto. Any party dissatisfied with the decision of the city manager or hearing officer may seek review of such decision under the provisions of Code of Civil Procedure Sections 1094.5 and 1094.8, as amended from time to time.

H. In addition to any other provisions of this code, the use of sound-amplifying equipment and sound trucks in the city shall be subject to the following regulations:

1. The only sounds permitted are music and human speech;

2. Sound shall not be emitted within one hundred (100) yards of hospitals, churches, schools and City Hall;

3. The volume of sound shall be controlled so that it will not be audible for a distance in excess of one hundred (100) feet from the sound-amplifying equipment or sound truck, and so that the volume is not unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the range of allowed audibility;

4. The sound-amplifying equipment or sound truck shall not be used between the hours of eight p.m. and eight a.m. (Ord. 07-17 § 2 (part))

8.40.140 Heating, venting, pool/spa and air conditioning—Special provisions.

Permits for heating, venting and air conditioning (HVAC) and pool/spa equipment in or adjacent to residential areas shall be issued only after the installation contractor signs an acknowledgment that the installation will meet the noise limits established in Section 5-29.04. Applications for residential mechanical permits for air conditioners may use the methodology specified in Standard 275 “Standard Application of Sound Rated Outdoor Unitary Equipment” of the Air Conditioning and Refrigeration Institute (ARI), 1984, as amended. Applicants of mechanical permits for commercial HVAC equipment shall be required to submit a detailed acoustical study that demonstrates compliance with the noise limits established in Section 8.40.040. (Ord. 07-17 § 2 (part))

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8.40.150 Motor vehicles.

The use of any motor vehicle in such a condition as to create excessive, impulsive or intrusive noises is prohibited.

The discharge into the open air of the exhaust of any internal combustion engine, stationary or mounted on wheels, motorboat or motor vehicle, including motorcycle, whether or not discharged through a muffler or other similar device, which discharge creates excessive, unusual, impulsive or intrusive noise is prohibited. Motor vehicles shall comply with the noise regulations of the California Vehicle Code. (Ord. 07-17 § 2 (part))

8.40.160 Noise level measurement.

A. The location selected for measuring exterior noise levels in a residential area shall be at any part of a private yard, patio, deck or balcony normally used for human activity and identified by the owner or, if occupied by someone other than the owner, the occupant of the affected property as suspected of exceeding the noise level standard. This location may be the closest point in the private yard or patio, or on the deck or balcony, to the noise source, but should not be located in nonhuman activity areas such as trash container storage areas, planter beds, above or contacting a property line fence, or other areas not normally used as part of the yard, patio, deck or balcony. The location selected for measuring exterior noise levels in a nonresidential area shall be at the closest point to the noise source. The measurement microphone height shall be five feet above finish elevation or, in the case of a deck or balcony, the measurement microphone height shall be five feet above the finished floor level.

B. The location selected for measuring interior noise levels shall be made within the affected residential unit. The measurements shall be made at a point at least four feet from the wall, ceiling or floor, or within the frame of a window opening, nearest the noise source. The measurements shall be made with windows in an open position.

C. Any decibel measurement made pursuant to the provisions of this chapter shall be measured in decibels (dBAs) as measured with a sound level meter using the A-weighted sound pressure level. (Ord. 07-17 § 2 (part))

8.40.170 Prima facie violation.

Any noise exceeding the noise level standard as specified in Sections 8.40.040 and 8.40.050 shall be deemed to be prima facie evidence of a violation of the provisions of this chapter. (Ord. 07-17 § 2 (part))

8.40.180 Penalty.

A. Any person who negligently or knowingly violates any provision of this chapter shall be guilty of an infraction and upon conviction shall be punishable by a fine specified in Section 1.24.030. Each day a violation occurs shall constitute a separate offense and shall be punishable as such.

B. As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provisions of this chapter, which operation or maintenance causes or creates sound levels exceeding the allowable standards as specified in this chapter, shall be deemed and is declared to be a public nuisance and may be subject to abatement by a restraining order or injunction issued by a court of competent jurisdiction.

C. Any violation of this chapter is declared to be a public nuisance and may be abated in accordance with law.

The expense of enforcing this chapter is declared to be a public nuisance and may be by resolution of the city council declared to be a lien and special assessment against the property on which such nuisance is maintained, and any such charge shall also be a personal obligation of the property owner. (Ord. 07-17 § 2 (part))

8.40.190 Enforcement and administration.

A. The police department shall have the primary responsibility for enforcing provisions of this chapter. The police department shall receive and investigate noise complaints alleged to be in violation of this chapter.

B. It shall be the responsibility of peace officers to enforce the provisions of this chapter and to perform all other functions required by this chapter. Such duties shall include, but not be limited to, investigating potential violations, issuing warning notices and citations, and providing evidence to the city prosecutor for legal action.

C. For violations of Section 8.40.070, a peace officer shall either:

1. Obtain a declaration, signed under penalty of perjury, from two declarants living in separate dwelling units, stating in detail all of the following:

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2. Personally hear the subject sound and provide, at trial or any administrative hearing, percipient evidence of the loud and disturbing noise. (Ord. 07-17 § 2 (part))

8.40.200 City manager waiver.

The city manager is authorized to grant a temporary waiver to the provisions of this chapter for a period of time necessary to correct the violations of this chapter, if such temporary waiver would be in the public interest and there is no feasible and prudent alternative to the activity, or the method of conducting the activity, for which the temporary waiver is sought. This time period may include a commitment to a program that includes placing necessary orders and entering into necessary contracts within thirty (30) days for repair or installation. (Ord. 07-17 § 2 (part))

8.40.210 Noise abatement program.

A. In circumstances where adopted community-wide noise standards and policies prove impractical in controlling noise generated from a specific source, the city council may establish a noise abatement program that recognizes the characteristics of the noise source and affected property and that incorporates specialized mitigation measures.

B. Noise abatement programs shall set forth in detail the approved terms, conditions and requirements for achieving maximum compliance with noise standards and policies. Said terms, conditions and requirements may include, but shall not be limited to, limitations, restrictions, or prohibitions on operating hours, location of operations, and the types of equipment. (Ord. 07-17 § 2 (part))

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STATE OF CALIFORNIA ) ORDINANCE NO. 22-14

COUNTY OF RIVERSIDE )

CITY OF SAN JACINTO )

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO, CALIFORNIA AMENDING CHAPTER 5.58
(SPECIAL EVENTS) OF TITLE 5 (BUSINESS LICENSES

AND REGULATIONS CODE) OF THE SAN JACINTO

MUNICIPAL CODE
WHEREAS, state law requires the City of San Jacinto (“City”) to adopt and maintain a general plan that contains certain mandatory elements, describes the City’s long-term goals, and develops policies and programs to achieve those goals; and WHEREAS, the City’s General Plan was originally adopted in 1985 and has been subsequently updated and amended to address changing economic, environmental, social, legal, and other conditions in the City; and
WHEREAS, the City in late 2018 initiated the process of updating the City’s General Plan by approving a work plan and schedule, undertaking public meetings, and conducting public workshops; and
WHEREAS, following this process, on November 15, 2022, the City Council adopted Resolution No. 3950 to adopt the General Plan 2040; and WHEREAS, on November 15, 2022, the City Council also adopted Resolution No. 3949 to certify the Final Environmental Impact Report (“Final EIR”) for the General Plan 2040 and Resolution No. 3951 to adopt the Amended 6
th Cycle Housing Element (2021-
2029) as part of the General Plan 2040; and
WHEREAS, the City Council has determined that certain changes to the San Jacinto Municipal Code are necessary and appropriate in order to implement the newlyadopted General Plan 2040, including the Amended Housing 6 th Cycle Element (2021-
2029); and
WHEREAS, General Plan 2040 Land Use Action L-1b states that the City shall “review the Development Code and update as appropriate to reflect Land Use goals, policies, and implementation actions included in this Plan”; and WHEREAS, specifically, the City Council wishes to make certain amendments to Chapter 5.58 (Special Events) of Title 5 (Business Licenses and Regulations Code) of the San Jacinto Municipal Code as further set forth in Exhibit “A” to this Ordinance, which is attached hereto and incorporated herein by this reference; and WHEREAS, on October 25, 2022, the Planning Commission adopted Planning Commission Resolution No. 22-02, in relevant part, recommending the introduction and

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adoption of this Ordinance for the implementation of the General Plan 2040, including the Amended 6
th Cycle Housing Element (2021-2029); and
WHEREAS, on November 15, 2022, the City Council held duly noticed public hearings on this Ordinance; and
WHEREAS¸ the City published notice of its Planning Commission and City Council public hearings in the Press Enterprise, a newspaper of general circulation; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have been satisfied.

NOW, THEREFORE, the City Council of the City of San Jacinto hereby finds, determines, and resolves as follows:

SECTION 1. The recitals set forth above are true and correct and are incorporated into this Ordinance by this reference.

SECTION 3. Chapter 5.58 (Special Events) of Title 5 (Business Licenses and Regulations Code) of the San Jacinto Municipal Code is hereby amended as set forth in Exhibit “A”, which is attached hereto and incorporated herein by this reference.

The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.

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SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.

INTRODUCED at a regular meeting of the City Council of the City of San Jacinto held on November 15, 2022.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 6
th day of December 2022, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

CITY OF SAN JACINTO:
_____________________________
Crystal Ruiz, Mayor
ATTEST:
______________________________
Julia Espinoza, City Clerk
APPROVED AS TO FORM:

BEST, BEST & KRIEGER LLP
__________________________________
Michael J. Maurer

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CERTIFICATION

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE) SS

CITY OF SAN JACINTO)
I, Julia Espinoza, duly appointed City Clerk of the City of San Jacinto, do hereby certify that the foregoing Ordinance No. 22-14 was introduced at a regular meeting of the City Council of the City of San Jacinto on the 15th day of November 2022.

Ordinance No. 22-14 was passed, approved, and adopted by the City Council of the City of San Jacinto, California, at a regular meeting of the City Council held on the 6 th day of
December 2022:

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND SEAL the 6
th day of December, 2022.
_____________________________
Julia Espinoza, City Clerk
City of San Jacinto

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EXHIBIT “A”
AMENDMENTS TO CHAPTER 5.58 (SPECIAL EVENTS) OF TITLE 8
(BUSINESS LICENSES AND REGULATIONS) OF THE SAN JACINTO MUNICIPAL CODE

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The San Jacinto Municipal Code is current through Ordinance 22-09, passed August 2, 2022.

Chapter 5.58

SPECIAL EVENTS
Sections:

5.58.010 Intent and purpose.

5.58.020 Special events defined.

5.58.030 Additional definitions.

5.58.040 Permits required—Exemptions.

5.58.050 Application procedure.

5.58.060 Contents of application form.

5.58.070 Action on application.

5.58.080 Grounds for denial of application for permit.

5.58.090 Permit conditions.

5.58.100 Appeal procedure—Waivers.

5.58.110 Permit issuance.

5.58.120 Indemnification agreement.

5.58.130 Insurance.

5.58.140 Public services fees.

5.58.150 Cleanup deposits for certain special events.

5.58.160 Duties of permittee.

5.58.170 Unlawful to sponsor, authorize or participate in an event without a permit or notice.

5.58.180 Unlawful to exceed scope of permit.

5.58.190 Revocation of permit.

5.58.200 Annual event permit.

5.58.210 Violation—Penalty.

5.58.010 Intent and purpose.

The intent of this chapter is to provide a regulatory framework for permitting special events. The use of city streets or other city-owned or controlled property and private property by large groups causes wear and tear on such property. Further, it requires city staff time to provide traffic enforcement and to ensure proper crowd control. Such uses also subject neighboring residents to excessive noise and traffic, particularly when the property or facility is small or the use is intense. As such, the purpose of this chapter is to ensure that special events are conducted so as not to violate any other ordinance or regulation of the city or cause any detrimental effects to surrounding properties and the community. The provisions set forth in this chapter shall establish criteria for characterizing events as special events and standards and conditions for approving and permitting such special events.

It is also the intent of the city council to protect the rights of its citizens to engage in protected free speech and expressive activities. Consequently, it is not the intent of this chapter to regulate conduct the sole or principal objective of which is the expression, dissemination or communication by verbal, visual, literary or auditory means of opinion, views or ideas, which are protected by the First Amendment of the United States Constitution or Article 1, Section 2 of the California Constitution. (Ord. 08-04 § 1 (part))

5.58.020 Special events defined.

A. As hereinafter mentioned in this chapter, “special event” means, including but without limitation, any assembly or congregation of persons, display, entertainment or demonstration, that is likely to meet any one or more of the following criteria:

1. Be attendedAttended by twenty (20) or more people or charges admission to the general public for any activity located within the Public Right-of-Way or on Public Property including parks, parking lots, community center, etc., except if the activity occurs as part of a licensed business and the activity is part of the normal business operations; or

2. Obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic, or otherwise fails to comply with traffic laws and controls; or

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The San Jacinto Municipal Code is current through Ordinance 22-09, passed August 2, 2022.

3. Can reasonably be expected to become a hazard to the public peace, health, safety or general welfare as determined by the Chief of Police, Fire Chief, Building Official, Planning & Community Development Director, or the Chief of Public Utilitiechief of police, fire chief, building official, planning director, or the public works directors.

B. In order to estimate the necessary level of public services necessary for each special event, the planning director shall characterize each event as provided in this section. All special events shall fall within one of the following categories:

1. A category one event is generally any special event that is reasonably expected to attract between twenty (20) and forty-nine (49) people.

2. A category two event is generally any special event that is reasonably expected to attract between fifty (50) and four hundred and ninety-nine (499) people.

3. A category three event is generally any special event that is reasonably expected to attract more than four hundred and ninety-nine (499) people.

CB. Notwithstanding the general guidelines set forth, in determining the appropriate category of a proposed event, the planning directorDirector may also take into consideration the nature of the event; the past history of the event; the applicant, the special event sponsors and/or participants; and/or other relevant available information.

Based on this analysis, the planning directorDirector may upgrade or downgrade the special event’s characterization or otherwise conditionally approve or deny the special event as is necessary to ensure the health, safety and welfare of the participants and local residents. (Ord. 08-04 § 1 (part))

5.58.030 Additional definitions.
“Annual permit” means an annual special event permit granted for more than one special event occurring within a twelve (12) calendar month period.
“Applicant” means any person requesting a permit to conduct or sponsor an event governed by this chapter.

Applicants must be eighteen (18) years of age or older. “Block party” means a special event that is stationary and generally limited to one or more specific streets or city blocks.
“Building official” means the head of the city’s building and safety departmentBuilding & Safety Division and includes the building official’s designee.
“Category one notice” means the notice submitted to the city’s police department pursuant to Section 5.58.040 that notifies the city of an upcoming category one event.
“Chief of policePolice” means the chief of the city’s police department and includes the chief of police’s designee. “Director” means the Planning & Community Development Director. “Fire chiefChief” means the chief of the city’s fire department and includes the fire chief’s designee. “Normal business operations” means any activity conducted solely by the business operator and is consistent with the activity for which the business is licensed. “Normal business operations” does not include any activity promoted, either fully or partially, by someone other than the licensed business operator or when the establishment is rented out.
“Organizer” means any person who is conducting, sponsoring or organizing a special event. “Parade” means a special event in which the assembly moves along a pre-established route on city streets but may also be attended by spectators.

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The San Jacinto Municipal Code is current through Ordinance 22-09, passed August 2, 2022. “Participant” means a spectator, fan, supporter or any other person attending for the purpose of watching and/or participating in the special event.
“Permit” means either a special event permit or annual permit granted pursuant to this chapter. “Permit application fee” means the fee to be paid by the applicant at the time the application for a permit is filed with the planning director.
“Permittee” means any person or organization that has been issued a permit by the city. “Person” means any individual, firm, partnership, association, corporation, company or organization of any kind. “Planning & Community Development director” means the city’s director of planning and includes the director’s designee.
“Public works directorChief of Public Utilities” means the city’s director of public works and includes the director’s designee.
“Right-of-way” means the dedicated portion of any street or road within the city. “Risk manager” means the city’s manager of the risk management division of the city’s finance department. (Ord. 08-04 § 1 (part))

5.58.040 Permits required—Exemptions.

A. Except as otherwise provided herein, all special events occurring within the city shall be prohibited unless a permit, properly issued by the planning directorDirector in accordance with Chapter 17.640 (Temporary Use and Special Event Permits), has first been obtained.

B. Exemptions. A permit is not required for the following:

1. Governmental agencies acting within the scope of their authorized function, or those activities sponsored by governmental agencies;

2. Category one events held at private residences;

32. Any parade or assembly of pedestrians organized for the purpose of exercising First Amendment rights and involving a procession of persons walking on sidewalks and obeying all traffic and other laws.

C. Category One Events. A permit may not be required for category one events held:

1. On city property, excepting in the public right-of-way. In the case of category one events in the public right-of-way, organizers shall submit an application in accordance with Section 5.58.050; or

2. At a private facility that was constructed for the purpose of conducting the type of activities that are contemplated for the special event for less than five hundred (500) participants.

3. Category One Notice. For category one events held at private facilities as described in subsection (C)(2) of this section, the owner of the facility, or the occupants making it available, shall submit a category one notice to the planning director. Such notices shall be filed no later than sixty (60) days before the special event.

Category one notices shall include the name, telephone number and address of the organizer(s), the time, date, location and brief description of the event and the projected attendance. The planning director shall review all category one notices, with input, if needed, from the building official, chief of police, the fire chief and/or the public works director. If the special event is deemed a category one event, no further action shall be required.

If, however, the special event is upgraded to either a category two or category three event, the organizer(s) shall be required to submit a permit application pursuant to Section 5.58.050. (Ord. 08-04 § 1 (part))

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5.58.050 Application procedure.

A. Except as otherwise provided herein, all applications for permits shall be filed with the planning directorDirector not less than sixty (60) calendar days or more than twelve (12) months before the scheduled event.

The Director may make allowances for reduced filing deadlines at his/her discretion.

B. Notwithstanding the foregoing, the planning directorDirector shall consider an application that is filed after the filing deadline if:

1. The event involves an activity organized for the purpose of exercising First Amendment rights;

2. The city council grants a waiver; or

3. A category one notice was timely filed but the building official, chief of police, fire chief, planning director or public works director later characterizes the event as a category two or category three event.

C. The planning directorDirector shall, for good cause, consider an application that is filed after the filing deadline if there is sufficient time to process and investigate the application and obtain police and other city services for the event. The applicant may demonstrate good cause by showing that the circumstances that gave rise to the permit application did not reasonably allow the participants to file an application within the time prescribed.

D. The application for a permit shall be accompanied by a nonrefundable permit application fee in the amount set by city council resolution. This nonrefundable fee shall cover the approximate costs of processing and investigating special events applications and administering the special events permit program. (Ord. 08-04 § 1 (part))

5.58.060 Contents of application form.

A. The application for a permit shall include the following informationall items required by the Community Development Department for filing a Special Event Permit. :

1. Written proof of consent by the owners of the property where the special event is to be held;

2. The name, address and telephone number of the applicant and an alternate contact person;

3. The location of the event, including its boundaries and site plan drawings;

4. The name, address, and telephone number of the organization, and the authorized representative of the organization if an organization sponsors the proposed event;

5. The nature and purpose of the event, including a list of all planned activities that are contemplated for the special event;

6. The name, address and telephone number of the person(s) who will be present and in charge of the event on the day of the special event;

7. Date and estimated starting and ending times of the special event, including set-up and cleanup time;

8. The estimated number of participants of the special event;

9. The type and estimated number of vehicles, animals and structures which will be used at the special event, and whether there will be water aid stations at the special event;

10. A description of any sound-amplification equipment and the times during which such equipment will be used at the special event, and a sound plan that describes measures to be taken by the applicant to ensure compliance with all applicable city laws, rules and regulations regarding amplified sound and music;

11. Whether any food or nonalcoholic beverages will be sold or consumed at the special event and, if so, proof of compliance with all applicable local, state and federal laws, rules and regulations, including proof that the applicant has obtained all necessary permits;

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12. Whether any alcoholic beverages will be sold or consumed at the event and, if so, proof of compliance with all applicable laws, rules and regulations of the California Department of Alcoholic Beverages Control;

13. Expected parking requirements and parking plan for the special event;

14. The plan for cleanup after the special event, including any contracts to effectuate the cleanup;

15. Proof of liability and property insurance as required by Section 5.58.130;

16. A description of the sanitary facilities that will be available to serve the participants of the special event.

B. Supplemental Information. The applicant shall provide any supplemental information that, under the particular circumstances of the special event, the planning directorDirector finds reasonably necessary to determine whether to approve or conditionally approve a permit application. (Ord. 08-04 § 1 (part))

5.58.070 Action on application.

A. The planning director shall approve, conditionally approve or deny all category one event applications no later than ten (10) calendar days after receiving a complete application. Denials shall be based on one or more of the grounds specified in Section 5.58.080. In the event of special circumstances, as determined by the planning director, the time limits for such a determination may be reasonably extended.

B. The planning director, upon concurrence of the chief of police, fire chief, building official and public works director shall approve, conditionally approve or deny all category two and three event applications no later than fifteen (15) calendar days after the planning director receives a complete application. Denials shall be based on one or more of the grounds specified in Section 5.58.080. In the event of special circumstances, as determined by the planning director, the time limits for such a determination may be reasonably extended.

C. If the application is denied, the planning director shall inform the applicant of the grounds for denial in writing and of the right of appeal. If the application is conditionally approved, the planning director shall inform the applicant of any permit conditions at the time the application is approved, and of the right of appeal from the permit conditions. If the planning director refuses to consider a late application, the planning director shall inform the applicant of the reason for the refusal and of the applicant’s right of appeal.

D. The written determination shall further state that the applicant has the option of appealing the decision directly to the city council. (Ord. 08-04 § 1 (part))Processing of a Special Event Permit shall be subject to the requirements of Chapter 17.640 (Temporary Use and Special Event Permits) of the Development Code.

5.58.080 Grounds for denial of application for permit.

A. The planning director Director shall approve an application for a permit unless he/she determines, from a consideration of the application and other pertinent information, that:

1. Information contained in the application, or supplemental information requested from the applicant, is false in any material detail;

2. The application is incomplete or the applicant failed to complete the application after having been notified of the additional information or documents required;

3. The applicant undertook a prior special event without a required permit or otherwise in violation of this chapter;

4. The applicant failed to pay the additional costs of a prior special event charged pursuant to Section

5.58.140(C);

5. Another permit application has been received prior in time, or has already been approved, to hold another event at the time and place requested by the applicant, or so close in time and/or place as to cause undue traffic congestion, or the city’s police department is unable to meet the needs for police services for both events;

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6. The concentration of persons, animals and vehicles at the site of the event, or the assembly and disbanding areas around the event, will either prevent proper police, fire or emergency medical services to areas contiguous to the event or will exceed the capabilities of the police, fire or emergency medical services needed to adequately protect the participants from the conduct of others;

7. The size of the event will require diversion of so great a number of city police officers and other public employees to ensure that participants stay within the boundaries or route of the event, or to protect participants in the event, as to prevent normal protection to the rest of the city. Nothing herein authorizes denial of a permit when additional peace officers or approved private security forces to supplement these peace officers would be available to the city, if requested by the city in advance of the event. Nothing herein authorizes denial of a permit because of the need to protect participants from the conduct of others, if reasonable conditions can be imposed to allow for adequate protection of participants with the number of police officers available to police the event;

8. The location of the event will substantially interfere with any construction or maintenance work scheduled to take place upon or along the city streets or a previously granted encroachment permit;

9. The event will occur at a time when a school is in session at a route or location adjacent to the school or class thereof, and the noise created by the activities of the event would substantially disrupt the educational activities of the school or class thereof;

10. Given the name of the special event, and/or the past history of the applicant, sponsors and/or participants, the planning director reasonably determines that the event presents a substantial risk to the health, safety and welfare of the participants and/or local residents that cannot be adequately mitigated using available public resources; or

11. The applicant failed to comply with the California Fire Code and/or the State Fire Marshal requirements during previous special events.

B. When the grounds for denial specified in subsection A of this section can be corrected by altering either the staffing for, or the date, time, duration, route or location of the event, the planning director shall, instead of denying the application, conditionally approve the application upon the applicant’s written acceptance of conditions for permit issuance. The conditions imposed shall provide for only such modifications of the applicant’s proposed event as are necessary to achieve compliance with this chapter. (Ord. 08-04 § 1 (part))

5.58.090 Permit conditions.

The planning directorDirector may condition the issuance of a permit by imposing reasonable restrictions on the time, place and manner of conducting the event as are necessary or appropriate to protect persons and property, and to control traffic; provided, that such restrictions shall not unreasonably interfere with the right of free speech. Such conditions may include, but are not limited to, the following:

A. Alteration of the staffing for, or the date, time, route or location of the event; B. Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of a street;
C. Requirements for provision of first aid and sanitary facilities, including the presence of emergency medical services personnel for all category two or three events; D. Requirements for use of event monitors and providing notice of permit conditions to participants; E. Approval of any proposed private security forces;
F. Restrictions on the number and type of vehicles, animals or structures at the event; G. Compliance with animal protection ordinances and laws; H. Requirements for use and provision of garbage containers, cleanup and restoration of city property;

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I. Restrictions on the time and use of amplified sound; J. Permit applications for block-parties may be conditioned on notice and approval by at least fifty percent (50%) of the residents on the affected street(s);
K. Compliance with any relevant ordinance or law, including obtaining any legally required permit or license; L. Adequate proof of payment of the public service fees pursuant to Section 5.58.140; and M. Adequate proof of compliance with the cleanup requirements set forth in Section 5.58.150. (Ord. 08-04 § 1 (part))

5.58.100 Appeal procedure—Waivers.

A. The applicant may appeal to the city managerCity Manager the refusal to consider a late application, the denial or conditional approval of a permit, any condition imposed on a permit not required by state or federal law, or a determination that the applicant’s insurance coverage does not comply with the requirements specified in Section

5.58.130.

B. The applicant may request a waiver from the city manager regarding the amount of fees imposed pursuant to Section 5.58.140, cleanup deposits imposed pursuant to Section 5.58.150, or the indemnification/bond requirement imposed pursuant to Section 5.58.120 if a nonprofit organization sponsors or co-sponsors the special event with the city or other public agency, or if the primary purpose of the event is First Amendment expression and the cost of paying the fees, posting a bond, or entering into an indemnification agreement is or may be so financially burdensome that it would constitute an unreasonable burden on the exercise of rights protected by the First Amendment.

C. Appeals and/or requests for waivers shall be conducted pursuant to this chapter.

D. All appeals and/or requests for waivers shall be filed with the city clerk no later than five days following the notice of decision by the planning directorDirector.

E. Any hearing before the city manager shall be held, and final decision rendered, no later than fifteen (15) calendar days following the appeal filing. (Ord. 08-04 § 1 (part))

5.58.110 Permit issuance.

A. The planning directorDirector shall issue the permit after the application has been approved, the applicant has agreed in writing to comply with all of the terms and conditions of the permit, and the requirements of this chapter respecting indemnification, insurance, police, traffic-control, fees and cleanup deposits have been fully satisfied.

B. Notwithstanding subsection A of this section, the planning directorDirector shall not withhold the issuance of a permit if the applicant has requested, and received, a waiver from the city managerCity Manager pursuant to Section 5.58.100 for a special event in which the primary purpose is First Amendment expression. In such cases, a permit shall be issued that is conditioned on the applicant’s compliance with the city council’s fee determination prior to the event. (Ord. 08-04 § 1 (part))

5.58.120 Indemnification agreement.

Prior to the issuance of a permit, the applicant shall execute an agreement to reimburse the city for all the costs and expenses that the city incurs as a result of the event, insofar as permitted by law.

The planning directorDirector may also require the applicant to post a cash bond in an amount that the planning director Director determines is sufficient to satisfy this reimbursement obligation. The agreement shall provide that the applicant shall defend, indemnify and hold harmless the city and its officers and employees from any liability to any persons or property resulting from any damage or injury occurring in connection with the permitted event, insofar as permitted by law. (Ord. 08-04 § 1 (part))

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5.58.130 Insurance.

A. The permittee of an event must possess or obtain public liability insurance to protect against liability for personal injury and property damage arising from the event. Coverage shall be a comprehensive general liability insurance policy. Minimum limits required:

1. One million dollars ($1,000,000) for each occurrence combined single limit bodily injury and property damage; and

2. If food or nonalcoholic beverages are to be sold or served at the event, the policy must also include an endorsement for products liability in an amount of not less than one million dollars ($1,000,000); and

3. If alcoholic beverages are to be sold or served at the event, the policy must also include an endorsement for liquor liability in an amount not less than one million dollars ($1,000,000); and

4. If the event involves the use of licensed motorized vehicles, the policy must also include an endorsement for automobile liability in an amount not less than one million dollars ($1,000,000).

B. Insurance required pursuant to this section shall be maintained for the duration of the event and shall:

1. Name the city, its officers, employees and agents on the policy or by endorsement as additional insured;

2. Be a primary policy and not contributory or in excess of any policy of the city; and

3. Declare all deductibles on the policy.

C. For annual permits issued pursuant to Section 5.58.200:

1. The insurance policy shall also be endorsed to state that coverage shall not be suspended, voided, cancelled or terminated by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the city; and

2. In addition to any other remedy the city may have, if the permittee fails to maintain the insurance coverage as required in this section, the city may, in its sole and absolute discretion, obtain such insurance coverage that the permittee fails to maintain in a form and amount substantially the same as is required herein.

The permittee shall be required to reimburse the city for such insurance prior to the next event held pursuant to its annual permit.

DC. The city’s risk manager shall approve all deductibles on the policy.

ED. The requirement as to types, limits, and the city’s approval of insurance coverage that the permittee maintains are not intended to, and shall not in any manner, limit or qualify the liabilities and obligations that the permittee assumes pursuant to this chapter.

FE. A copy of the policy or a certificate of insurance, together with all necessary endorsements, must be filed with the planning director at the time of application for the event, unless the planning director, for good cause, waives the filing deadline. The planning director shall not issue the permit until after the insurance policy or certificate of insurance, together with all necessary endorsements, has been filed with the city and approved by the risk manager. (Ord. 08-04 § 1 (part))

5.58.140 Public services fees.

A. Upon approval of an application for a permit, the planning directorDirector shall provide the permittee with a statement of the estimated cost of providing police, fire, emergency medical services and other city employees for public safety at the event. The permittee shall bear the cost of such services and shall remit payment to the city no later than ten (10) days before the special event.

B. The city council shall establish the public service fees for each special event category as described in Section

5.58.020 by resolution. The amount of such fees shall be based on the city’s actual cost of providing the required number of police and other city employees necessary to ensure the safety of both the participants and the

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The San Jacinto Municipal Code is current through Ordinance 22-09, passed August 2, 2022. community. The Director may wave Public Service Fees for City co-sponsored events or other Public Agency or School Districts events (such as Homecoming).

C. If the actual cost of public services for the event is less than the estimated cost, the city will promptly refund the difference to the permittee. If the actual cost for public services is more than the estimated cost, the difference shall become due and payable to the city upon the permittee’s receipt of a statement of the cost. (Ord. 08-04 § 1 (part))

5.58.150 Cleanup deposits for certain special events.

A. The city shall require the applicant for an event in public facilities or on public property or rights-of-way involving the sale of food or beverages, erection of structures, horses or other large animals, or water aid stations to provide a cleanup deposit prior to the issuance of a permit. As an alternative to such deposit, the applicant may provide a written contract for event cleanup.

B. The city shall return the cleanup deposit after the event if the area used for the event has been cleaned and restored to the same condition as existed prior to the event.

C. The city shall bill the permittee for the actual cost for cleanup and restoration, and apply the cleanup deposit, or a portion thereof, toward payment of the bill, if the public facilities, public property or rights-of-way utilized during the event have not been fully cleaned or restored. If the permittee disputes the bill, the permittee may appeal to the planning director within five days after receipt of the bill. Should there be any unexpected balance on deposit after completion of the work, the city shall refund this balance to the permittee. Should the amount of the bill exceed the cleanup deposit, the difference shall become due and payable to the city upon the permittee’s receipt of the bill. (Ord. 08-04 § 1 (part))

5.58.160 Duties of permittee.

A. Each permittee shall comply with all terms and conditions of the permit.

B. Except as provided in subsection D of this section, each permittee shall ensure that the person in charge of any special event shall carry the permit on his/her person or otherwise have the permit immediately available upon demand.

C. Each permittee shall ensure the area used for the permitted event is immediately cleaned and restored to the same condition as existed prior to the event.

D. Annual permits shall be posted in a location specified by the planning director.

ED. Each permittee shall comply with all applicable local, state and federal laws, rules and regulations, including, but not limited to, this chapter, the California Fire Code and all State Fire Marshal requirements. (Ord. 08-04 § 1 (part))

5.58.170 Unlawful to sponsor, authorize or participate in an event without a permit or notice.

A. It is unlawful for any person to sponsor or conduct a special event requiring a permit under Section 5.58.040, unless a permit has been issued for the event.

B. It is unlawful for any person to sponsor, authorize or conduct a special event requiring a category one notice unless such notice is timely provided to the planning director.

CB. It is unlawful for any person to participate in a special event with the knowledge that the city has not issued the sponsor of the event the required permit.

D. It is unlawful for any owner or occupant of a facility to make such facility available to a special event without providing category one notice, if applicable, or requiring the organizers to obtain a permit. (Ord. 08-04 § 1 (part))

5.58.180 Unlawful to exceed scope of permit.

The permit authorizes the permittee to conduct only the event(s) described in the permit, and in accordance with the terms and conditions of the permit. It is unlawful for the permittee to willfully violate the terms and conditions of the

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5.58.190 Revocation of permit.

A. The Director, Building Official, Chief of Police, Fire Chief and/or Chief of Public Utilities planning director, building official, chief of police, fire chief and/or public works director may revoke a permit upon a finding that any term, condition, restriction or limitation of such permit has not been complied with, including the timely payment of all required deposits, or if he/she finds that, as a result of changed circumstances, any one or more of the grounds for denial specified in Section 5.58.080 are present. Notice of such action revoking a permit shall be delivered in writing to the permittee by personal service or by registered mail. Appeal to the city council from any such revocation may be taken as specified in Section 5.58.100.

B. The Director, Building Official, Chief of Police, Fire Chief and/or Chief of Public Utilities planning director, building official, chief of police, fire chief and/or public works director may revoke a permit and close a special event prior to the expiration of the permit in the event of the occurrence of a riot, major disorder or serious breach of the peace or a violation of the permit when, in his/her opinion, it is necessary to prevent injury to persons and/or to property. (Ord. 08-04 § 1 (part))

5.58.200 Annual event permit.

A. Annual permits shall be available for a series of similar special events sponsored by the same person in the same twelve (12) month calendar period. Except as otherwise provided in this section, annual permits shall be subject to the same rules and regulations applicable to individual permits.

B. Applications for annual permits shall be submitted not less than ninety (90) days before the first scheduled event of the calendar year. An annual permit application shall be accompanied by a nonrefundable permit application fee in the amount set by city council resolution. This nonrefundable fee shall cover the actual costs of processing and investigation special events applications and administering the special events permit program. The application shall also include the information required by Section 5.58.060.

C. For sporting events, the application shall also include a list of all anticipated activities not related to game play held before, during or after each event that would otherwise be deemed a special event. The information required pursuant to Section 5.58.060 shall also be provided for all such anticipated activities. By way of example, and not limitation, such additional activities may include: pyrotechnics displays, vehicular races/demonstrations or other hazardous activities, concerts and animal exhibitions. The planning director, building official, chief of police, fire chief and/or public works director can prohibit, restrict or place conditions on such additional activities as provided in Sections 5.58.080 and 5.58.090, pursuant to any applicable federal, state or local law or regulation.

D. The planning director shall approve, conditionally approve, or deny an annual permit application no later than thirty (30) calendar days after receiving the completed application in accordance with the procedures set forth in Sections 5.58.050 and 5.58.060.

E. The permittee shall be responsible for the city’s costs in providing a level of public services (police, fire, emergency medical services and parking) necessary to ensure the health, safety and welfare of both the participants and the community. Upon approval of the annual permit, the planning director shall provide the permittee with a statement of the estimated cost of providing such services for each event. The estimated cost for an initial annual permit shall be based on the applicant’s projected attendance for its first year of operations. Thereafter, the estimated cost shall be based on the city’s costs actually incurred in the previous year, modified as necessary to account for changes in the size, scope or numbers of anticipated events during the term of the permit.

F. The permittee shall be required to comply with the cleanup requirements set forth in Section 5.58.150.

G. The annual permit shall authorize the permittee to conduct only such event(s) as is described in the permit, and in accordance with the terms and conditions of the annual permit. It is unlawful for the permittee to willfully violate the terms and conditions of the annual permit, or for any participant with knowledge thereof to willfully violate the terms and conditions of the annual permit. Should the holder of an annual permit desire to conduct an activity that would otherwise be deemed a special event but is not authorized by the annual permit, the permittee shall be required to obtain an individual special event permit for the unauthorized activity.

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H. The planning director shall issue the annual permit after the application has been approved, the applicant has agreed in writing to comply with all of the terms and conditions of the permit, and the requirements of this chapter respecting indemnification, insurance, public services and cleanup deposits have been fully satisfied. (Ord. 08-04 § 1 (part))

5.58.210 Violation—Penalty.

All violations of the provisions of this chapter are misdemeanors, punishable as set forth in Section 1.24.020 (Misdemeanor – Penalty) and subject to Administrative Citations as set forth in Chapter 1.28 (Administrative Citations),Section 1.24.020. (Ord. 08-04 § 1 (part))

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STATE OF CALIFORNIA ) ORDINANCE NO. 22-15

COUNTY OF RIVERSIDE )

CITY OF SAN JACINTO )

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO, CALIFORNIA AMENDING CHAPTER 10.08
(COMMERCIAL VEHICLE ROUTES) OF TITLE 10
(VEHICLES AND TRAFFIC CODE) OF THE SAN JACINTO

MUNICIPAL CODE
WHEREAS, state law requires the City of San Jacinto (“City”) to adopt and maintain a general plan that contains certain mandatory elements, describes the City’s long-term goals, and develops policies and programs to achieve those goals; and WHEREAS, the City’s General Plan was originally adopted in 1985 and has been subsequently updated and amended to address changing economic, environmental, social, legal, and other conditions in the City; and
WHEREAS, the City in late 2018 initiated the process of updating the City’s General Plan by approving a work plan and schedule, undertaking public meetings, and conducting public workshops; and
WHEREAS, following this process, on November 15, 2022, the City Council adopted Resolution No. 3950 to adopt the General Plan 2040; and WHEREAS, on November 15, 2022, the City Council also adopted Resolution No. 3949 to certify the Final Environmental Impact Report (“Final EIR”) for the General Plan 2040 and Resolution No. 3951 to adopt the Amended 6
th Cycle Housing Element (2021-
2029) as part of the General Plan 2040; and
WHEREAS, the City Council has determined that certain changes to the San Jacinto Municipal Code are necessary and appropriate in order to implement the newlyadopted General Plan 2040, including the Amended 6 th Cycle Housing Element (2021-
2029); and
WHEREAS, General Plan 2040 Mobility Action M-1e states that the City shall “review and update the City’s designated commercial vehicle routes as needed while considering the potential mobility conflicts and the location of sensitive land uses in the City”;
WHEREAS, specifically, the City Council wishes to make certain amendments to Chapter 10.08 (Commercial Vehicle Routes) of Title 10 (Vehicles and Traffic Code) of the San Jacinto Municipal Code as further set forth in Exhibit “A” to this Ordinance, which is attached hereto and incorporated herein by this reference; and

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Packet Pg. 5672 Attachment: Ordinance No. 22-15 - Chapter 10.08 (Commercial Vehicle Routes) (Envision San Jacinto - General Plan 2040) Ordinance No. 22-15

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WHEREAS, on October 25, 2022, the Planning Commission adopted Planning Commission Resolution No. 22-02, in relevant part, recommending the introduction and adoption of this Ordinance for the implementation of the General Plan 2040, including the Amended 6
th Cycle Housing Element (2021-2029); and
WHEREAS, on November 15, 2022, the City Council held duly noticed public hearings on this Ordinance; and
WHEREAS¸ the City published notice of its Planning Commission and City Council public hearings in the Press Enterprise, a newspaper of general circulation; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have been satisfied.

NOW, THEREFORE, the City Council of the City of San Jacinto hereby finds, determines, and resolves as follows:

SECTION 1. The recitals set forth above are true and correct and are incorporated into this Ordinance by this reference.

SECTION 3. Chapter 10.08 (Commercial Vehicle Routes) of Title 10 (Vehicles and Traffic Code) of the San Jacinto Municipal Code is hereby amended as set forth in Exhibit “A”, which is attached hereto and incorporated herein by this reference.

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Packet Pg. 5673 Attachment: Ordinance No. 22-15 - Chapter 10.08 (Commercial Vehicle Routes) (Envision San Jacinto - General Plan 2040) Ordinance No. 22-15

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The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.

SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.

INTRODUCED at a regular meeting of the City Council of the City of San Jacinto held on November 15, 2022.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 6
th day of December 2022, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

CITY OF SAN JACINTO:
_____________________________
Crystal Ruiz, Mayor
ATTEST:
______________________________
Julia Espinoza, City Clerk
APPROVED AS TO FORM:

BEST, BEST & KRIEGER LLP
__________________________________
Michael J. Maurer

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Packet Pg. 5674 Attachment: Ordinance No. 22-15 - Chapter 10.08 (Commercial Vehicle Routes) (Envision San Jacinto - General Plan 2040) Ordinance No. 22-15

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CERTIFICATION

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE) SS

CITY OF SAN JACINTO)
I, Julia Espinoza, duly appointed City Clerk of the City of San Jacinto, do hereby certify that the foregoing Ordinance No. 22-15 was introduced at a regular meeting of the City Council of the City of San Jacinto on the 15th day of November 2022.

Ordinance No. 22-15 was passed, approved, and adopted by the City Council of the City of San Jacinto, California, at a regular meeting of the City Council held on the 6 th day of
December 2022:

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND SEAL the 6
th day of Decembr, 2022.
_____________________________
Julia Espinoza, City Clerk
City of San Jacinto

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Packet Pg. 5675 Attachment: Ordinance No. 22-15 - Chapter 10.08 (Commercial Vehicle Routes) (Envision San Jacinto - General Plan 2040) Ordinance No. 22-15

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EXHIBIT “A”
AMENDMENTS TO CHAPTER 10.08 (COMMERCIAL VEHICLE ROUTES) OF TITLE 10 (VEHICLES AND TRAFFIC) OF THE SAN JACINTO MUNICIPAL CODE

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Packet Pg. 5676 Attachment: Ordinance No. 22-15 - Chapter 10.08 (Commercial Vehicle Routes) (Envision San Jacinto - General Plan 2040) San Jacinto Municipal Code
Chapter 10.08 COMMERCIAL VEHICLE ROUTES

Page 1 ends

The San Jacinto Municipal Code is current through Ordinance 21-13, passed December 21, 2021.

Chapter 10.08

COMMERCIAL VEHICLE ROUTES
Sections:

10.08.010 Purpose.

10.08.020 Definitions.

10.08.030 Operation on designated commercial vehicle routes required when.

10.08.040 Designated highways.

10.08.050 Exceptions.

10.08.010 Purpose.

The purpose of this chapter is to establish highways within the city which shall be designated for commercial vehicles exceeding fourteen thousand (14,000) pounds gross vehicle weight rating (GVWR). (Ord. 931 § 1, 1991)

10.08.020 Definitions.

Whenever in this chapter the following terms are used, they shall have the meanings respectfully ascribed to them in this section.
“City” means the city of San Jacinto.
“Commercial vehicle” shall have the same meaning set forth in California Vehicle Code Section 260. “Commercial vehicle route” means that portion of the highway under jurisdiction of the city, upon which commercial vehicles shall be restricted with a GVWR of fourteen thousand (14,000) pounds or more and a combined length not exceeding the requirements of Section 35400(a) and 35401 (a) of the California Vehicle Code. “Highway” shall have the same meaning set forth in California Vehicle Code Section 360, “Surface Transportation Assistance Act (STAA) Route” means that portion of the highway under jurisdiction of the city, upon which commercial vehicles shall be restricted with a GVWR of fourteen thousand (14,000) pounds or more and a combined length not exceeding the requirements of Section 35401(a) and (b) and 35401.5 of the California Vehicle Code.
“Terminal” shall have the same meaning set forth in California Vehicle Code Section 35401.5(d). (Ord. 931 § 2, 1991)

10.08.030 Operation on designated commercial vehicle routes required when.

Except as designated hereinafter, it is unlawful to operate any commercial vehicle on highways within the city when the gross vehicle weight rating exceeds fourteen thousand (14,000) pounds unless such commercial vehicle is operated upon designated commercial vehicle routes. A commercial vehicle may operate on restricted highways within the city for the purpose of making delivery or picking up a load. In such cases, the commercial vehicle may be driven on such highways for not more than the minimum distance necessary for that purpose.

Except as designated hereinafter, it is unlawful to operate any commercial vehicle on highways within the city when such vehicle exceeds fourteen thousand (14,000) pounds gross vehicle weight rating and the combination of vehicles coupled together, including any attachments, which consists of the truck tractor, a semi-trailer, and a trailer, in total, does not exceed seventy-five (75) feet, provided that the length of neither the semi-trailer nor the trailer in the combination of vehicles exceeds twenty-eight (28) feet, six inches, unless the commercial vehicle is operated on STAA designated routes. (Ord. 931 § 3, 1991)

10.08.040 Designated highways.

A. The following highways are designated as commercial vehicle routes for commercial vehicles which exceed fourteen thousand (14,000) pounds GVWR and the overall length does not exceed the requirements of California Vehicle Code Section 35400(b)(4): (Exhibit ASee Figure 10-1 Truck Routes)

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Packet Pg. 5677 Attachment: Ordinance No. 22-15 - Exhibit "A" - Commercial Vehicle Routes (Envision San Jacinto - General Plan 2040) San Jacinto Municipal Code
Chapter 10.08 COMMERCIAL VEHICLE ROUTES

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The San Jacinto Municipal Code is current through Ordinance 21-13, passed December 21, 2021.

1. Ramona Expressway from the westerly western most city limits to the easterly eastern most city limits;

2. Sanderson Avenue from the northern most city limits Ramona Expressway southerly to the southern most city limits;

3. State Street from the northern most city limits State Route 79 southerly to the southern most city limits;

4. Esplanade Avenue from the westerly most city limits, easterly to San Jacinto StreetRamona Expressway;

5. Seventh Street from the westerly most city limits to Ramona ExpresswayState Street, Easterly to State Route 79.

6. Main Street and Lake Park Drive from the Ramona ExpresswayRamona Boulevard easterly to Soboba Road from 7:00 p.m. to 7:00 a.m.

7. Soboba Road within the city limits from 7:00 p.m. to 7:00 a.m.

8. Cottonwood Road from Warren Road to State Street.

9. Commonwealth Avenue from San Jacinto Avenue to Hewitt Street.

10. Hewitt Street from Main Street to Commonwealth Avenue.

11. Ramona Boulevard from Warren Road to Street “A”.

12. De Anza Drive from Warren Road to Street “A”.

13. Cawston Avenue from Ramona Expressway to Street “A”

14. Odell Street from Ramona Expressway to Street “A”.

B. The following highways are hereinafter designated as STAA routes for commercial vehicles which exceed fourteen thousand (14,000) pounds GVWR and the overall length does not exceed the requirements of California Vehicle Code Section 35401(b): (Exhibit A)

1. Ramona Expressway from the westerly most city limits to the easterly most city limits;

2. Sanderson Avenue from the Ramona Expressway southerlynorthern most city limits to the southern most city limits;

3. State Street from the Ramona Expressway southerly to Seventh Streetnorthern most city limits to the southern most city limites.

4. Lake Park Drive from the Ramona Expressway easterly to Soboba Road from 7:00 p.m. to 7:00 a.m. (Ord. 1090 §§ 2-3, 2001; Ord. 959, 1992; Ord. 931 § 4, 1991)

10.08.050 Exceptions.

Vehicles subject to Sections 1031 to 1036, inclusive, of the Public Utilities Code and commercial vehicles used exclusively for the collection and transportation of garbage, rubbish or refuse shall not be prohibited from using any highway within the city. (Ord. 931 § 5, 1991)

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Packet Pg. 5678 Attachment: Ordinance No. 22-15 - Exhibit "A" - Commercial Vehicle Routes (Envision San Jacinto - General Plan 2040) San Jacinto Municipal Code
Chapter 10.08 COMMERCIAL VEHICLE ROUTES

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The San Jacinto Municipal Code is current through Ordinance 21-13, passed December 21, 2021.

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Packet Pg. 5679 Attachment: Ordinance No. 22-15 - Exhibit "A" - Commercial Vehicle Routes (Envision San Jacinto - General Plan 2040)

November 1, 2022
City of San Jacinto Planning Department
Attn: Planning Manager Kevin White
595 South San Jacinto Avenue
San Jacinto, CA 92583
[email protected]
Dear Mr. White,
On behalf of the property owner, Cottonwood Dairy (property owner), of Assessor’s Parcel Numbers (APNs) 432-130-006 and 432-130-007 (site) located within the city of San Jacinto (northeast corner Cottonwood Avenue and Cawston Avenue North), please accept this request for the City to keep the site’s existing General Plan land use designation of Medium Density Residential (MDR) and Zoning designation of Residential Medium Density (RM). The draft 2040 General Plan and zoning amendments propose to change the density and zoning of the site to Mixed Use (MU); however, for the reasons stated below, the property owner desires to maintain the current MDR and RM General Plan and zoning designations.

West Coast Inland Partners IV, LLC currently has an active entitlement project (P20-087) that consists of a tentative tract map (TTM 37881) and a Planned Development Permit (PDP). The TTM includes 191 single-family detached residences, 1.73 acres of communal open space and supporting infrastructure improvements including onsite roadways and an interconnected sidewalk system. The PDP allows for flexibility on some of the development standards in the current RM zoning designation. The property owner’s first formal application submittal occurred on December 2nd, 2020, and the City Planning Department has deemed the application complete and the CEQA document has been sent out for public review.

The proposed General Plan and Zoning Code amendments will cause a material impact on the project.

The proposed changes that impact the project are as follows:

1. General Plan Land Use change from Residential, Medium Density (RM) to Mixed Use (MU), which assigns a minimum density of 10.1 dwelling units per acre to the project site even though the project’s density is 8.6 dwelling units per acre. If the higher density is approved, the project will immediately become nonconforming and could result in challenges in obtaining construction financing and/or financing for future homebuyers to purchase the homes.

2. Assigning lot sizes of 3,000-4,000 SF net area, whereas the project proposes lots with a 4,500 SF minimum net area. Again, the project would become nonconforming which could impact the viability of the project.

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Packet Pg. 5680 Attachment: Location 1 Request: Rancho de Alamo (Envision San Jacinto - General Plan 2040) If the above changes are approved as proposed, they would materially impact the project and potentially undermine years of work with the City and prevent the project from being built. Therefore, the owner requests that the City allow for both parcel’s General Plan and zoning to remain as Medium Density Residential (MDR) and Residential, Medium Density (RM) respectively.

Thank you for your time and consideration of the owner’s request and look forward to hearing from you.

Sincerely,
Dane Palanjian
EPD Solutions
2355 Main Street, Suite 100
Irvine, CA 92614
[email protected]

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Packet Pg. 5681 Attachment: Location 1 Request: Rancho de Alamo (Envision San Jacinto - General Plan 2040) Project
Site
Requested Change (APNs 432-130-006 & -007)
 Current Land Use Designation – Medium Density Residential  General Plan 2040 Land Use Designation – Mixed-Use
 Revised General Plan 2040 Land Use Designation – Medium Density Residential

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Packet Pg. 5682
Attachment: Location 1 Request: Rancho de Alamo (Envision San Jacinto - General Plan 2040)

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Packet Pg. 5683 Attachment: Location 2 Request: Kasbergen Hafliger (Envision San Jacinto - General Plan 2040) Project
Site
Requested Change (APNs 433-070-050 & 434-180-007)
 Current Land Use Designation – Low Density Residential  General Plan 2040 Land Use Designation – Mixed-Use and Medium Density Residential  Revised General Plan 2040 Land Use Designation – Low Density Residential

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Packet Pg. 5684
Attachment: Location 2 Request: Kasbergen Hafliger (Envision San Jacinto - General Plan 2040) General Plan Safety Element Assessment
Board of Forestry and Fire Protection
San Jacinto

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Packet Pg. 5685 Attachment: General Plan Safety Element Assessment - Board of Forestry and Fire Protection - November 1, 2022 (Envision San Jacinto - Contents
Purpose and Background...............................................................................................................................................1 Methodology for Review and Recommendations.........................................................................................................2 General Plan Safety Element Assessment .....................................................................................................................3 Background Information Summary ........................................................................................................................3 Goals, Policies, Objectives, and Feasible Implementation Measures....................................................................4 Section 1 Avoiding or minimizing the wildfire hazards associated with new uses of land ................................4 Section 2 Develop adequate infrastructure if a new development is located in SRAs or VHFHSZs...................5 Section 3 Working cooperatively with public agencies responsible for fire protection. ...................................6 Sample Safety Element Recommendations...................................................................................................................7 A. Maps, Plans and Historical Information.............................................................................................................7 B. Land Use .............................................................................................................................................................7 C. Fuel Modification................................................................................................................................................7 D. Access.................................................................................................................................................................8 E. Fire Protection....................................................................................................................................................8 Fire Hazard Planning in Other Elements of the General Plan........................................................................................9 Land Use Element...................................................................................................................................................9 Housing Element ....................................................................................................................................................9 Open Space and Conservation Elements................................................................................................................9 Circulation Element................................................................................................................................................9

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Packet Pg. 5686 Attachment: General Plan Safety Element Assessment - Board of Forestry and Fire Protection - November 1, 2022 (Envision San Jacinto - 1 * https://www.opr.ca.gov/docs/Final_6.26.15.pdf
Purpose and Background
Upon the next revision of the housing element on or after January 1, 2014, the safety element is required to be reviewed and updated as necessary to address the risk of fire for land classified as state responsibility areas and land classified as very high fire hazard severity zones. (Gov. Code, § 65302, subd. (g)(3).)
The safety element is required to include:
• Fire hazard severity zone maps available from the Department of Forestry and Fire Protection. • Any historical data on wildfires available from local agencies or a reference to where the data can be found.
• Information about wildfire hazard areas that may be available from the United States Geological Survey.
• The general location and distribution of existing and planned uses of land in very high fire hazard severity zones (VHFHSZs) and in state responsibility areas (SRAs), including structures, roads, utilities, and essential public facilities. The location and distribution of planned uses of land shall not require defensible space compliance measures required by state law or local ordinance to occur on publicly owned lands or open space designations of homeowner associations. • The local, state, and federal agencies with responsibility for fire protection, including special districts and local offices of emergency services. (Gov. Code, § 65302, subd. (g)(3)(A).) Based on that information, the safety element shall include goals, policies, and objectives that protect the community from the unreasonable risk of wildfire. (Gov. Code, § 65302, subd. (g)(3)(B).) To carry out those goals, policies, and objectives, feasible implementation measures shall be included in the safety element, which include but are not limited to:
• Avoiding or minimizing the wildfire hazards associated with new uses of land. • Locating, when feasible, new essential public facilities outside of high fire risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in the SRA or VHFHSZ. • Designing adequate infrastructure if a new development is located in the SRA or VHFHSZ, including safe access for emergency response vehicles, visible street signs, and water supplies for structural fire suppression.
• Working cooperatively with public agencies with responsibility for fire protection. (Gov. Code, § 65302, subd. (g)(3)(C).)
The safety element shall also attach or reference any fire safety plans or other documents adopted by the city or county that fulfill the goals and objectives or contains the information required above. (Gov.

Code, § 65302, subd. (g)(3)(D).) This might include Local Hazard Mitigation Plans, Unit Fire Plans, Community Wildfire Protection Plans, or other plans.

There are several reference documents developed by state agencies to assist local jurisdictions in updating their safety elements to include wildfire safety. The Fire Hazard Planning, General Plan Technical Advice Series from the Governor’s Office of Planning and Research (OPR), referenced in Government Code section 65302, subdivision (g)(3) and available at 1400 Tenth Street
Sacramento, CA 95814
Phone: (916) 322-2318
The Technical Advice Series is also available from the OPR website (Technical Advice Series link).* The Technical Advice Series provides policy guidance, information resources, and fire hazard planning examples from around California that shall be considered by local jurisdictions when reviewing the safety element of its general plan.

The Board of Forestry and Fire Protection (Board) utilizes this Safety Element Assessment in the Board’s review of safety elements under Government Code section 65302.5. At least 90 days prior to the adoption or amendment of their safety element, counties that contain SRAs and cities or counties that contain VHFHSZs shall submit their safety element to the Board. (Gov. Code, § 65302.5, subd. (b).) The Board shall review the safety element and respond to the city or county with its findings regarding the uses of land and policies in SRAs or VHFHSZs that will protect life, property, and natural resources from

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Packet Pg. 5687 Attachment: General Plan Safety Element Assessment - Board of Forestry and Fire Protection - November 1, 2022 (Envision San Jacinto - 2 unreasonable risks associated with wildfires, and the methods and strategies for wildfire risk reduction and prevention within SRAs or VHFHSZs. (Gov. Code, § 65302.5, subd. (b)(3).) The CAL FIRE Land Use Planning team provides expert fire protection assistance to local jurisdictions statewide. Fire captains are available to work with cities and counties to revise their safety elements and enhance their strategic fire protection planning.

Methodology for Review and Recommendations
Utilizing staff from the CAL FIRE Land Use Planning team, the Board has established a standardized method to review the safety element of general plans. The methodology includes 1) reviewing the safety element for the requirements in Government Code section 65302, subdivision (g)(3)(A),
2) examining the safety element for goals, policies, objectives, and implementation measures that mitigate the wildfire risk in the planning area (Gov. Code, § 65302, subd. (g)(3)(B) & (C)), and 3) making recommendations for methods and strategies that would reduce the risk of wildfires (Gov.

Code, § 65302.5, subd. (b)(3)(B)).

The safety element will be evaluated against the attached Assessment, which contains questions to determine if a safety element meets the fire safety planning requirements outlined in Government Code, section 65302. The reviewer will answer whether or not a submitted safety element addresses the required information, and will recommend changes to the safety element that will reduce the wildfire risk in the planning area. These recommended changes may come from the list of sample goals, policies, objectives, and implementation measures that is included in this document after the Assessment, or may be based on the reviewer’s knowledge of the jurisdiction in question and their specific wildfire risk. By answering the questions in the Assessment, the reviewer will determine if the jurisdiction’s safety element has adequately addressed and mitigated their wildfire risk. If it hasn’t, any specific recommendations from the reviewer will assist the jurisdiction in revising the safety element so that it does.

Once completed, the Assessment should provide clear guidance to a city or county regarding any areas of deficiency in the safety element as well as specific goals, policies, objectives, and implementation measures the Board recommends adopting in order to mitigate or reduce the wildfire threat in the planning area.

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Packet Pg. 5688 Attachment: General Plan Safety Element Assessment - Board of Forestry and Fire Protection - November 1, 2022 (Envision San Jacinto - 3 General Plan Safety Element Assessment
Jurisdiction: San Jacinto Notes: Formal CAL FIRE Unit: RRU Date Received:

County: Riverside LUPP Reviewer: Redden UNIT CONTACT: Date Reviewed: 10/20/2022

BACKGROUND INFORMATION SUMMARY
The safety element must contain specific background information about fire hazards in each jurisdiction.

Instructions for this table: Indicate whether the safety element includes the specified information. If YES, indicate in the comments where that information can be found; if NO, provide recommendations to the jurisdiction regarding how best to include that information in their revised safety element.

Required Information Yes or No Comments and Recommendations Are Fire Hazard Severity Zones Identified?
CAL FIRE or Locally Adopted Maps
Yes Figure PS-2 is a placeholder for the City’s Fire Hazard Severity Zone Map. Also referenced in Policy PS-2.3.

MJLHMP: Figure S-11 on pg. 217 shows VHFHSVs in
the county.

Is historical data on wildfires or a reference to where the data can be found, and information about wildfire hazard areas that may be available from the United States
Geological Survey, included?
Yes MJLHMP: Wildfire history in the county is discussed beginning on pg. 220. Introduction to Goal PS-2 provides reference to General Plan DEIR.

Has the general location and distribution of existing and planned uses of land in very high fire hazard severity
zones (VHFHSZs) and in state responsibility areas
(SRAs), including structures, roads, utilities, and
essential public facilities, been identified?
Yes Policies PS-2.10a thru h, PS-2.13
According to 2009 CAL FIRE map, there are no SRAs in
San Jacinto city limits.

Have local, state, and federal agencies with responsibility for fire protection, including special districts and local offices of emergency services, been identified?
Yes Policies PS-2.2 and PS-2.9
Are other fire protection plans, such as Community
Wildfire Protection Plans, Local Hazard Mitigation Plans, CAL FIRE Unit or Contract County Fire Plans, referenced or incorporated into the Safety Element?
Yes Introduction to Goal PS-2 and Policy PS-2.14.

Are residential developments in hazard areas that do not have at least two emergency evacuation routes
identified?
Yes SB99 White Paper referenced in Goal PS-5 intro
Have evacuation routes and their capacity, safety, and
viability under a range of emergency scenarios been
identified?
Yes Intro to Goal PS-5
Policy PS-5.7

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Packet Pg. 5689 Attachment: General Plan Safety Element Assessment - Board of Forestry and Fire Protection - November 4 Is there any other information in the Safety Element regarding fire hazards in SRAs or VHFHSZs? Goals, Policies, Objectives, and Feasible Implementation Measures The safety element must contain a set of goals, policies, and objectives based on the above information to protect the community from unreasonable risk of wildfire and implementation measures to accomplish those stated goals, policies, and objectives.

Instructions for this table: Critically examine the submitted safety element and determine if it is adequate to address the jurisdiction’s unique fire hazard. Answer YES or NO appropriately for each question below. If the recommendation is irrelevant or unrelated to the jurisdiction’s fire hazard, answer N/A. For NO, provide information in the Comments/Recommendations section to help the jurisdiction incorporate that change into their safety element revision. This information may utilize example recommendations from Sample Safety Element Recommendations and Fire Hazard Planning in Other Elements of the General Plan below, may indicate how high of a priority this recommendation is for a jurisdiction, or may include other jurisdiction-specific information or recommendations.

Section 1 Avoiding or minimizing the wildfire hazards associated with new uses of land Questions Yes or No Comments and Recommendations
Does local ordinance require development standards that meet or exceed title 14, CCR, division 1.5, chapter 7,
subchapter 2, articles 1-5 (commencing with section
1270) (SRA Fire Safe Regulations) and title 14, CCR,
division 1.5, chapter 7, subchapter 3, article 3
(commencing with section 1299.01) (Fire Hazard
Reduction Around Buildings and Structures
Regulations) for SRAs and/or VHFHSZs?
Yes Policies PS-2.1 & PS-4.1
Action PS-2c
Are there goals and policies to avoid or minimize new
residential development in VHFHSZs?
Yes Policy PS-2.10a
Has fire safe design been incorporated into future
development requirements?
Yes Policy PS-2.11
Are new essential public facilities located outside high fire risk areas, such as VHFHSZs, when feasible?
Yes Policy PS-2.13
Are there plans or actions identified to mitigate existing non-conforming development to contemporary fire safe
standards, in terms of road standards and vegetative
hazard?
Yes Action PS-2b
Does the plan include policies to evaluate redevelopment after a large fire?Yes Policy PS-2.10d Is fuel modification around homes and subdivisions
required for new development in SRAs or VHFHSZs?
Yes Policy PS-2.10e
Are fire protection plans required for new development in VHFHSZs?
Yes Policy PS-2.10b

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Packet Pg. 5690 Attachment: General Plan Safety Element Assessment - Board of Forestry and Fire Protection - November 5 Questions Yes or No Comments and Recommendations
Does the plan address long term maintenance of fire
hazard reduction projects, including community fire
breaks and private road and public road clearance?
Yes Policy PS-2.10g MJLHMP S 5.1e, 5.1f, 5.8a, 5.8e
Is there adequate access (ingress, egress) to new
development in VHFHSZs?
Yes Policy PS-2.10b
Are minimum standards for evacuation of residential
areas in VHFHSZs defined?
Yes Policy PS-2.10h
If areas exist with inadequate access/evacuation routes, are they identified? Are mitigation measures or
improvement plans identified?
Yes Policy PS-2.10h and SB99 White Paper
Are there policies or programs promoting public outreach about defensible space or evacuation routes? Are there
specific plans to reach at-risk populations?
Yes Policy PS-2.8
Does the plan identify future water supply for fire
suppression needs?
Yes Policy PS-2.10f
Does new development have adequate fire protection? Yes Policy PS-2.10b Section 2 Develop adequate infrastructure if a new development is located in SRAs or VHFHSZs.

Does the plan identify adequate infrastructure
for new development related to:

Yes or No Comments and Recommendations
Water supply and fire flow? Yes Policy PS-2.10f
MJLHMP: Policy S 5.14
Location of anticipated water supply? Yes Policy PS-2.10f Maintenance and long-term integrity of water supplies? Yes Policy PS-2.10f Evacuation and emergency vehicle access? Yes Policy PS-2.10b Fuel modification and defensible space? Yes Policies PS-2.10e and PS-2.11 Vegetation clearance maintenance on public and private
roads?
Yes Policies PS-2.10e&g and PS-2.11c
Visible home and street addressing and signage? Yes Policy PS-2.11d Community fire breaks? Is there a discussion of how
those fire breaks will be maintained?
Yes Policy PS-2.10g MJLHMP S 5.1e, 5.1f, 5.8a, 5.8e

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Packet Pg. 5691 Attachment: General Plan Safety Element Assessment - Board of Forestry and Fire Protection - November 6 Section 3 Working cooperatively with public agencies responsible for fire protection.

Question Yes or No Comments and Recommendations
Is there a map or description of existing emergency
service facilities and areas lacking service, specifically noting any areas in SRAs or VHFHSZs?
Yes Policies PS-1.8, PS-2.4, and PS-5.3
Included in County of Riverside Operational, Standards
of Cover, and Contract Fee Analysis
According to 2009 CAL FIRE map, there are no SRAs in
San Jacinto city limits
Does the plan include an assessment and projection of
future emergency service needs?
Yes Included in County of Riverside Operational, Standards of Cover, and Contract Fee Analysis
Are goals or standards for emergency services training
described?
Yes Riverside County EOP describes training on pages 59-61 Does the plan outline inter-agency preparedness
coordination and mutual aid multi-agency agreements?
Yes Policies PS-5.2, PS-5.4 and PS-5.5

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Packet Pg. 5692 Attachment: General Plan Safety Element Assessment - Board of Forestry and Fire Protection - November 7 Sample Safety Element Recommendations
These are examples of specific policies, objectives, or implementation measures that may be used to meet the intent of Government Code sections 65302, subdivision (g)(3) and 65302.5, subdivision (b). Safety element reviewers may make recommendations that are not included here.

A. MAPS, PLANS AND HISTORICAL INFORMATION

1. Include or reference CAL FIRE Fire Hazard Severity Zone maps or locally adopted wildfire hazard zones.

2. Include or reference the location of historical information on wildfires in the planning area.

3. Include a map or description of the location of existing and planned land uses in SRAs and VHFHSZs, particularly habitable structures, roads, utilities, and essential public facilities.

4. Identify or reference a fire plan that is relevant to the geographic scope of the general plan, including the Unit/Contract County Fire Plan, Local Hazard Mitigation Plan, and any applicable Community Wildfire Protection Plans.

5. Align the goals, policies, objectives, and implementation measures for fire hazard mitigation in the safety element with those in existing fire plans, or make plans to update fire plans to match the safety element.

6. Create a fire plan for the planning area.

B. LAND USE

1. Develop fire safe development codes to use as standards for fire protection for new development in SRAs or VHFHSZs that meet or exceed the statewide minimums in the SRA Fire Safe Regulations.

2. Adopt and have certified by the Board of Forestry and Fire Protection local ordinances which meet or exceed the minimum statewide standards in the SRA Fire Safe Regulations.

3. Identify existing development that do not meet or exceed the SRA Fire Safe Regulations or certified local ordinances.

4. Develop mitigation measures for existing development that does not meet or exceed the SRA Fire Safe Regulations or certified local ordinances or identify a policy to do so.

C. FUEL MODIFICATION

1. Develop a policy to communicate vegetation clearance requirements to seasonal, absent, or vacation rental owners.

2. Identify a policy for the ongoing maintenance of vegetation clearance on public and private roads.

3. Include fuel breaks in the layout/siting of subdivisions.

4. Identify a policy for the ongoing maintenance of existing or proposed fuel breaks.

5. Identify and/or map existing development that does not conform to current state and/or locally adopted fire safety standards for access, water supply and fire flow, signing, and vegetation clearance in SRAs or VHFHSZs.

6. Identify plans and actions for existing non-conforming development to be improved or mitigated to meet current state and/or locally adopted fire safety standards for access, water supply and fire flow, signing, and vegetation clearance.

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Packet Pg. 5693 Attachment: General Plan Safety Element Assessment - Board of Forestry and Fire Protection - November 8 D. ACCESS

1. Develop a policy that approval of parcel maps and tentative maps in SRAs or VHFHSZs is conditional based on meeting the SRA Fire Safe Regulations and the Fire Hazard Reduction Around Buildings and Structures Regulations, particularly those regarding road standards for ingress, egress, and fire equipment access. (See Gov. Code, § 66474.02.)

2. Develop a policy that development will be prioritized in areas with an adequate road network and associated infrastructure.

3. Identify multi-family housing, group homes, or other community housing in SRAs or VHFHSZs and develop a policy to create evacuation or shelter in place plans.

4. Include a policy to develop pre-plans for fire risk areas that address civilian evacuation and to effectively communicate those plans.

5. Identify road networks in SRAs or VHFHSZs that do not meet title 14, CCR, division 1.5, chapter 7, subchapter 2, articles 2 and 3 (commencing with section 1273.00) or certified local ordinance and develop a policy to examine possible mitigations.

E. FIRE PROTECTION

1. Develop a policy that development will be prioritized in areas with adequate water supply infrastructure.

2. Plan for the ongoing maintenance and long-term integrity of planned and existing water supply infrastructure.

3. Map existing emergency service facilities and note any areas lacking service, especially in SRAs or VHFHSZs.

4. Project future emergency service needs for the planned land uses.

5. Include information about emergency service trainings or standards and plans to meet or maintain them.

6. Include information about inter-agency preparedness coordination or mutual aid agreements.

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Packet Pg. 5694 Attachment: General Plan Safety Element Assessment - Board of Forestry and Fire Protection - November 9 Fire Hazard Planning in Other Elements of the General Plan When updating the General Plan, here are some ways to incorporate fire hazard planning into other elements. Wildfire safety is best accomplished by holistic, strategic fire planning that takes advantage of opportunities to align priorities and implementation measures within and across plans.

LAND USE ELEMENT
Goals and policies include mitigation of fire hazard for future development or limit development in very high fire hazard severity zones.

Disclose wildland urban-interface hazards, including fire hazard severity zones, and/or other vulnerable areas as determined by CAL FIRE or local fire agency.

Design and locate new development to provide adequate infrastructure for the safe ingress of emergency response vehicles and simultaneously allow citizen egress during emergencies.

Describe or map any Firewise Communities or other fire safe communities as determined by the National Fire Protection Association, Fire Safe Council, or other organization.

HOUSING ELEMENT
Incorporation of current fire safe building codes.

Identify and mitigate substandard fire safe housing and neighborhoods relative to fire hazard severity zones.

Consider diverse occupancies and their effects on wildfire protection (group housing, seasonal populations, transit-dependent, etc).

OPEN SPACE AND CONSERVATION ELEMENTS
Identify critical natural resource values relative to fire hazard severity zones.

Include resource management activities to enhance protection of open space and natural resource values.

Integrate open space into fire safety planning and effectiveness.

Mitigation for unique pest, disease and other forest health issues leading to hazardous situations.

CIRCULATION ELEMENT
Provide adequate access to very high fire hazard severity zones.

Develop standards for evacuation of residential areas in very high fire hazard severity zones.

Incorporate a policy that provides for a fuel reduction maintenance program along roadways.

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Packet Pg. 5695 Attachment: General Plan Safety Element Assessment - Board of Forestry and Fire Protection - November \

M E M O R AN DU M
Introduction
A General Plan Update can alter the trajectory of a city’s budget resources and needs, particularly through changes in land use growth patterns, service standards, and facility needs. Changes and growth in land use in San Jacinto will impact both major General Fund revenue sources and expenditure requirements. On the revenue side, property, sales, and hotel taxes are probably the most significant. Major services funded by the General Fund include public safety and community development. In addition, the City needs to consider the funding of public improvements needed to support the new growth and development projected in the General Plan. While primary funding for major capital and infrastructure improvements does not typically come from the General Fund, contributions can be required.

As part of its scope of work for the City’s General Plan Update, Economic & Planning Systems (EPS) conducted a review of fiscal trends in the City, to highlight budgetary considerations as the City adopts its new Land Use Plan. The analysis identifies the current distribution of and trends in the City’s General Fund sources and uses and identifies areas of fiscal opportunities or challenges that will be affected by the General Plan.

This review was informed in part by the Demographic, Economic, and Real Estate Profile completed by EPS for the General Plan Update in March 2019. It also complements the Economic Development Element of the General Plan Update, which includes objectives and action items related to the City’s future fiscal sustainability and resilience.

To: City of San Jacinto
From: Economic & Planning Systems
Subject: Fiscal Trends Review – San Jacinto General Plan Date: March 3, 2022

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Packet Pg. 5696 Attachment: General Plan 2040 Fiscal Trends Memorandum (Envision San Jacinto - General Plan 2040) DRAFT Report: San Jacinto General Plan Update
Demographic, Socioeconomic, Market, and Fiscal Conditions March 3, 2022
Economic & Planning Systems, Inc. (EPS) 2 San Jacinto General Plan_Fiscal Trends Memorandum_Draft 3.2.22 Revenue and Expenditure Categories
This section considers the distribution of revenues and expenditures in the City’s fiscal year 2019-20 projected budget (as reported in the City’s FY 2020-21 adopted budget), focusing on categories that will be most directly impacted by the land use decisions made through the General Plan process.1
General Fund Revenues
Major revenues categories that are most likely to be impacted by changes in land use include property tax, sales tax, transient occupancy tax (TOT)2, and franchise tax and licenses fees. In San Jacinto, sales tax is a significant contributor to the City’s General Fund, representing 15 percent of revenue in FY 2019-20, followed closely by property tax at 13 percent, as shown in Figure 1. Franchise tax and licenses fee is a relatively low contributor, representing just four percent of revenues. Similarly, TOT, which the City does not break out as a major revenue category, represents less than three percent of General Fund revenues.

Key factors affecting potential growth in these sources include the following:
• Property Tax: San Jacinto receives less than 8 percent of total property tax revenue collected within the City limits, a relatively modest allocation compared to the Countywide average of 18 percent for local jurisdictions. Based on information provided by Riverside County, if the City were to annex unincorporated areas currently within its sphere of influence (SOI), it is likely that the City’s allocation of property tax could be slightly higher than average in these areas, around 9.5 percent of total property tax revenue.3 The City has identified areas of the SOI that may be annexed in the future, but no formal applications for annexation are active at the time of this report.

While the General Plan Update can consider opportunities to grow the City’s assessed value, there are limitations on the City’s ability to change the property tax rate or tax allocation factor, which is regulated by State law. Additionally, growth in properties’ assessed values is limited to 2 percent per year absent a market transaction or significant physical alteration.

Consequently, any growth in property tax above 2 percent annually would require new development, investment in properties, and/or turn-over from market transactions. The General Plan can have a direct impact on supporting new 1 The analysis utilized FY 2019-20 budget data, as this was the most current available reflecting actual revenues and expenditures. The analysis was completed prior to the availability of the City’s FY 2021-22 budget.
2 Transient occupancy tax (TOT) is tax levied on hotel rooms. 3 The most recent Master Agreement between the City and County suggests that under an annexation agreement, the City would receive 100 percent of the property tax allocation for fire services and 25 percent of the property tax allocation for the County’s General Fund. Given the current tax allocations in the City’s SOI, this would result in a tax allocation to the City of around 9.5 percent of total property tax revenue. EPS is not able to comment on whether these terms could be altered per negotiations with the County.

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Packet Pg. 5697 Attachment: General Plan 2040 Fiscal Trends Memorandum (Envision San Jacinto - General Plan 2040) DRAFT Report: San Jacinto General Plan Update
Demographic, Socioeconomic, Market, and Fiscal Conditions March 3, 2022
San Jacinto General Plan_Fiscal Trends Memorandum_Draft 3.2.22 3 Economic & Planning Systems, Inc. (EPS) development, through changes in zoning and stated commitments to supporting a variety of land use types. The Plan’s influence on property reinvestment and turnover is less direct; however, the land use plan and its implied priorities can impact property values and drive market activity around existing development. In general, to drive municipal revenue growth from property tax, it is necessary to adopt plans and policies for future development and / or the reuse of property that is under-utilized. • Sales Tax: Retail trade is San Jacinto’s second largest employment segment by share. However, the City faces substantial competition from neighboring Hemet, which has more than four times as much retail space inventory, as well as from areas of Western Riverside County with better access to major transportation corridors. In addition, national changes in consumer behavior, such as the growth of e-commerce, will affect long-term trends in taxable sales. The Economic Development Element includes a variety of objectives and action items that can help this sector strategically adapt to external forces, including the impacts of the COVID-19 pandemic. • Transient Occupancy Tax: The City’s hotel sector is quite modest, and TOT is a minor contributor to the General Fund. Further, while the hospitality industry has made significant recovery from the severe impacts of the COVID-19 pandemic, this recovery will likely be ongoing for the next couple of years.

Looking ahead to more stabilized conditions in the hospitality sector, there is opportunity for the City to capture some portion of the Soboba Casino Resort and Golf Course’s visitor market, not only for shopping and dining but also for overnight stays.

The General Plan can play an important role in driving this capture through land use policy, initiatives that expand the local economy, and the provision and support of attractive community amenities that complement hospitality uses. • Motor Vehicle License Fees: Motor vehicle license fees (VLF) are an annual tax levied on motor vehicles operating in the State of California, based on vehicle value.

The fee revenue is allocated to counties and cities on a per capita basis. Most of the revenues can be used by local governments for any purpose, although a small portion is restricted to specifically fund health, mental health, and social services programs.

The VLF represented nearly 20 percent of San Jacinto’s General Fund revenue in FY 2019-20, the largest single revenue source. While it is not typical for VLF to be such a major contributor to cities’ General Fund revenues, the relatively modest revenues generated in San Jacinto from property, sales, and transient occupancy tax, for reasons described above, has elevated VLF to become a major revenue source for the City.
• Franchise Tax and Licenses Fee: The franchise tax and licenses fee category includes franchise fees (primarily paid by utility companies), business permit and license fees, and developer fees. New development and business activity drive these fees, so a land use plan that involves significant new development will have a positive impact on these sources.

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Packet Pg. 5698 Attachment: General Plan 2040 Fiscal Trends Memorandum (Envision San Jacinto - General Plan 2040) DRAFT Report: San Jacinto General Plan Update
Demographic, Socioeconomic, Market, and Fiscal Conditions March 3, 2022
Economic & Planning Systems, Inc. (EPS) 4 San Jacinto General Plan_Fiscal Trends Memorandum_Draft 3.2.22 General Fund Expenditures
The General Fund is the primary fund used to pay for basic city services, programs, and daily operations of the City. General Fund expenditures by major category are shown in Figure 2. In FY 2019-20, over half of the General Fund budget was allocated to public safety, including police and fire services. About one-quarter was allocated to policy, management, and administration; and about 14 percent was allocated to community development, which includes planning, building and safety, and code enforcement. A relatively small portion is dedicated to public works, as infrastructure projects are typically funded by one-time revenues (such as grants) or dedicated revenue funds separate from the General Fund.

Of these categories, public safety will be most significantly impacted by changes and growth in land use patterns. New development and new populations put additional burden on law enforcement and fire departments, particularly if the growth involves a larger service area. Community development will also be impacted, although more modestly, by changes in land use patterns. Planning, building and safety, and code enforcement divisions all provide services to support new growth, and the need for these services will increase as new development accelerates. Policy, management, and administration would experience the least impact from a change in land use patterns, as these divisions tend to have more fixed staffing and operations costs that are not as directly sensitive to an increase in resident and worker populations.

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Packet Pg. 5699 Attachment: General Plan 2040 Fiscal Trends Memorandum (Envision San Jacinto - General Plan 2040) DRAFT Report: San Jacinto General Plan Update
Demographic, Socioeconomic, Market, and Fiscal Conditions March 3, 2022
San Jacinto General Plan_Fiscal Trends Memorandum_Draft 3.2.22 5 Economic & Planning Systems, Inc. (EPS) Figure 1 San Jacinto General Fund Revenue Distribution by Category, FY19-20

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Packet Pg. 5700 Attachment: General Plan 2040 Fiscal Trends Memorandum (Envision San Jacinto - General Plan 2040) DRAFT Report: San Jacinto General Plan Update
Demographic, Socioeconomic, Market, and Fiscal Conditions March 3, 2022
Economic & Planning Systems, Inc. (EPS) 6 San Jacinto General Plan_Fiscal Trends Memorandum_Draft 3.2.22 Figure 2 San Jacinto General Fund Expenditure Distribution by Category, FY19-20

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Packet Pg. 5701 Attachment: General Plan 2040 Fiscal Trends Memorandum (Envision San Jacinto - General Plan 2040) DRAFT Report: San Jacinto General Plan Update
Demographic, Socioeconomic, Market, and Fiscal Conditions March 3, 2022
San Jacinto General Plan_Fiscal Trends Memorandum_Draft 3.2.22 7 Economic & Planning Systems, Inc. (EPS) Revenue and Expenditure Trends
From 2018 to 2020, the COVID-19 pandemic caused a dip in the General Fund revenues, specifically in the categories of sales tax, franchise tax and licenses, and other revenue.

However, the City’s General Fund revenues and expenditures have overall been on a steady upward trajectory from 2010 through 2020. Revenues overall increased by 72 percent—an annual growth rate of 6.2 percent, faster than regional inflation in the same period. Most revenue categories have remained generally stable in their relative contributions to the General Fund. In FY 2018-19, the General Fund received a large amount of non-recurring revenue from loan proceeds, which caused a significant but temporary increase in overall revenues. With the exception of that year, motor vehicle licenses fees have consistently been the largest revenue contributor to the General Fund over the past decade.

Figure 3 Trend in San Jacinto General Fund Revenues, FY11/12 to FY19/20 General Fund annual expenditures have grown more slowly than revenues—55 percent, or five percent on average annually—although still faster than regional inflation. While public safety has been the largest expenditure category throughout the past decade, expenditures for public improvements have grown the fastest, followed by community development expenditures. These trends reflect the growth that has already been occurring in the City, and it is expected they will continue as the City continues to encourage new development through the General Plan’s land use plan. At the same time, general government expenditures saw the greatest decline. While this may reflect greater efficiencies within general government services, it is also a trend that should be

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Packet Pg. 5702 Attachment: General Plan 2040 Fiscal Trends Memorandum (Envision San Jacinto - General Plan 2040) DRAFT Report: San Jacinto General Plan Update
Demographic, Socioeconomic, Market, and Fiscal Conditions March 3, 2022
Economic & Planning Systems, Inc. (EPS) 8 San Jacinto General Plan_Fiscal Trends Memorandum_Draft 3.2.22 monitored, to ensure that the quality of City administration and related services is maintained at a desired level, particularly as the City continues to grow.

Figure 4 Trend in San Jacinto General Fund Revenues, FY11/12 to FY19/20 Conclusion
The City’s General Fund revenue sources are diverse, with no heavy reliance on any one source. This suggests that the City’s financial position right now is relatively resilient. As the General Plan is implemented and drives new development, that growth has the potential to increase the City’s major revenue sources, including property tax revenues (especially if properties are developed to their highest and best use) and sales tax revenue (from new residents, workers, and visitors). The City should continue to look for ways further diversify revenue sources as much as possible, including pursuing grant opportunities and supporting growth in lesser performing revenue-generating sectors such as hospitality.

At the same time, more growth will bring greater needs for public safety, public infrastructure, and to a lesser extent, community development. While increased revenues will offset these expenditures at least in part, it will be important for the City to assess the public service costs of new projects upfront as much as possible, to help adequately monitor and manage these costs over time.

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Packet Pg. 5703 Attachment: General Plan 2040 Fiscal Trends Memorandum (Envision San Jacinto - General Plan 2040) 1 Randel, Travis
From: Lenie Bosman <[email protected]>
Sent: Wednesday, November 9, 2022 8:31 AM
To: Matley, Lori
Cc: Randel, Travis
Subject: PUBLIC COMMENT for the November 15, 2022 meeting [NOTICE: This message originated outside of City of San Jacinto ‐‐ DO NOT CLICK on links or open attachments unless you are sure the content is safe.] To the San Jacinto City Council:

This is from Charles and Lenie Bosman property owners of the corner parcel (1.79 acres) on Idyllwild Dr. and State St. in San Jacinto, APN #434070031, currently zoned Community Commercial.

This property is a prime location for Commercial uses. Your staff is considering and recommending that the City Council consider changing the zoning of this location to Mixed‐Use. In our research we are finding out that that is not an ideal zoning for this prime commercial property.

We are asking that the City Council will consider keeping the original zoning of Community Commercial and NOT change it to Mixed‐Use. Community Commercial zoning, in our observation is a better fit when you consider the current surrounding areas which are used or zoned primarily for commercial activities.

We would appreciate your serious consideration in this matter.

We are not able to attend the upcoming meeting of November 15, 2022.

Sincerely,
Charles and Lenie Bosman
601 N. Soboba Street
Hemet, CA 92544
Sent from Mail for Windows

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Packet Pg. 5704 Attachment: Public Comments - Lenie Bosman (Envision San Jacinto - General Plan 2040)

San Jacinto City CouncilNovember 15, 2022

San Jacinto City Council
November 15, 2022