San Jacinto City Council
December 6, 2022

STATE OF CALIFORNIA ) ORDINANCE NO. 22-11

COUNTY OF RIVERSIDE )

CITY OF SAN JACINTO )

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN JACINTO, CALIFORNIA AMENDING THE ZONING
MAPS OF TITLE 17 (DEVELOPMENT 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 Land Use Action LU-1a states that the City shall “update the City’s Development Code and Zoning Map as appropriate to ensure consistency with this land use element and designations shown on Figure LU-2. As part of the update, create new zoning districts to implement the City’s new Downtown Village, Mixed-Use, and Very High Density Residential land use designations.”; and WHEREAS, General Plan 2040 Land Use Action LU-4a states that the City shall “update the City’s Development Code and Zoning Map as appropriate to ensure consistency with this land use element and designations shown on Figure LU-2. As part of the update, create new zoning districts to implement the City’s new Downtown Village and Mixed-Use land use designations”; and

3.A.10.j
Packet Pg. 990 Attachment: Ordinance No. 22-11 - Zoning Map - Title 17 (Development Code) (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinance No. 22-11

WHEREAS, specifically, the City Council wishes to make certain amendments to the Zoning Map of Title 17 (Development 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 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. The Zoning Map of Title 17 (Development 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 Development Code, including Zoning Map, to address comments provided by the Department of Housing and Community Development on the City's 2021-2029 Housing Element, provided that the modifications would not exceed the total amount of development accommodated by the Housing Element prior to revisions and would not result in any new actions by the City that would require a General Fund commitment of $20,000 or greater; and to address inconsistencies, formatting, and other non-substantive changes including, but not limited to, structure, numbering, formatting, errors and omissions, non-sequiturs, etc.

3.A.10.j
Packet Pg. 991 Attachment: Ordinance No. 22-11 - Zoning Map - Title 17 (Development Code) (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinance No. 22-11

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:

3.A.10.j
Packet Pg. 992 Attachment: Ordinance No. 22-11 - Zoning Map - Title 17 (Development Code) (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinance No. 22-11

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

3.A.10.j
Packet Pg. 993 Attachment: Ordinance No. 22-11 - Zoning Map - Title 17 (Development Code) (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinance No. 22-11

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. 22-11 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. 22-11 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

3.A.10.j
Packet Pg. 994 Attachment: Ordinance No. 22-11 - Zoning Map - Title 17 (Development Code) (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinance No. 22-11

EXHIBIT “A”
AMENDMENTS TO THE ZONING MAP OF TITLE 17 (DEVELOPMENT CODE)

OF THE SAN JACINTO MUNICIPAL CODE

3.A.10.j
Packet Pg. 995 Attachment: Ordinance No. 22-11 - Zoning Map - Title 17 (Development Code) (Envision San Jacinto - General Plan 2040 - Second Reading of Kir
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Record Rd
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Evans St
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Sunswept Dr
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Upperline Ave
Savi St
Beringer Dr
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Artesian Ave
Quandt Ranch Rd
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Peaceful Ln
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Agape Ave
River St
Cooks Ave
Mead St
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Bergin St
Third St
Second St
Ninth St
Eleventh St
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Dillon Ave
Victoria Ave
Byrd St
Montrose Ave
Fifth St
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Market Pl
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Bath Ave
Sublette Rd
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S O B O B A

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LEGEND
San Jacinto City Limits
San Jacinto Sphere of Influence
Neighboring City
Assessor Parcel Boundary
Specific Plan Area
RAAB Combining Overlay Zone
Housing Overlay
Residential Zones
RE - Residential Estate
RR - Rural Residential
RL - Residential, Low Density
RM - Residential, Medium Density
RH - Residential, High Density
RVH - Residential, Very High Density
Commercial and Industrial Zones
CN - Commercial Neighborhood
CG - Commercial General
CR - Commercial Regional
BP - Business Park
OP - Office Park
IL - Industrial Light
IH - Industrial Heavy
Mixed Use Zones
MU - Mixed Use
MU-E - Mixed Use - Entertaintainment
DV - Downtown Village
Special Purpose Zones
OSG - Open Space General
OSR - Open Space Recreation
PI - Public Institutional
SP - Specific Plan
W - Water Source
November 15, 2022

3.A.10.k
Packet Pg. 996 Attachment: Ordinance No. 22-11 - Exhibit "A" - Zoning Map (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) Ordinance No. 22-12

STATE OF CALIFORNIA ) ORDINANCE NO. 22-12

COUNTY OF RIVERSIDE )

CITY OF SAN JACINTO )

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN JACINTO, CALIFORNIA REPEALING AND
REPLACING TITLE 16 (SUBDIVISION CODE) OF THE SAN

JACINTO MUNICIPAL CODE IN ITS ENTIRETY
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 Land Use Action LU-1c states that the City shall “review the Subdivision Code and update as appropriate to accommodate the changes in the Development Code and the Land Use goals, policies, and implementation actions included in this Plan.”; and
WHEREAS, specifically, the City Council wishes to repeal and replace Title 16 (Subdivision 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

3.A.10.l
Packet Pg. 997 Attachment: Ordinance No. 22-12 - Title 16 (Subdivision Code) (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) Ordinance No. 22-12

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. Title 16 (Subdivision Code) of the San Jacinto Municipal Code is hereby repealed and replaced 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 Subdivision Code to address comments provided by the Department of Housing and Community Development on the City's 2021-2029 Housing Element, provided that the modifications would not exceed the total amount of development accommodated by the Housing Element prior to revisions and would not result in any new actions by the City that would require a General Fund commitment of $20,000 or greater; and to address inconsistencies, formatting, and other non-substantive changes including, but not limited to, structure, numbering, formatting, errors and omissions, non-sequiturs, etc.

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

3.A.10.l
Packet Pg. 998 Attachment: Ordinance No. 22-12 - Title 16 (Subdivision Code) (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) Ordinance No. 22-12

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:

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

3.A.10.l
Packet Pg. 999 Attachment: Ordinance No. 22-12 - Title 16 (Subdivision Code) (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) Ordinance No. 22-12

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. 22-12 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. 22-12 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

3.A.10.l
Packet Pg. 1000 Attachment: Ordinance No. 22-12 - Title 16 (Subdivision Code) (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) Ordinance No. 22-12

EXHIBIT “A”
AMENDMENTS TO TITLE 16 (SUBDIVISION CODE) OF THE SAN JACINTO

MUNICIPAL CODE

3.A.10.l
Packet Pg. 1001 Attachment: Ordinance No. 22-12 - Title 16 (Subdivision Code) (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 1 Title 16 – Subdivisions Draft October 2022
TITLE 16,SUBDIVISIONS
Table of Contents
CHAPTER 16.01: PURPOSE AND APPLICABILITY ...................................................................6

16.01.010 Title..................................................................................................................................6

16.01.020 Purpose and Intent........................................................................................................6

16.01.030 Authority ........................................................................................................................6

16.01.040 Applicability...................................................................................................................6

16.01.050 Exceptions.......................................................................................................................7

16.01.060 Consistency with the General Plan.............................................................................8

16.01.070 Conflicting Requirements ............................................................................................8

16.01.080 Status of Covenants and Agreements ........................................................................8

16.01.090 Severability.....................................................................................................................8 CHAPTER 16.05: ADMINISTRATIVE RESPONSIBILITIES........................................................9

16.05.010 Purpose ...........................................................................................................................9

16.05.020 Responsibilities and Authorities .................................................................................9

16.05.030 Fees and Deposits........................................................................................................10 CHAPTER 16.10: RULES OF INTERPRETATION......................................................................11

16.10.010 Purpose .........................................................................................................................11

16.10.020 Interpretation of Code Provisions.............................................................................11

16.10.030 Rules of Interpretation................................................................................................11 CHAPTER 16.15: ENFORCEMENT...............................................................................................13

16.15.010 Purpose .........................................................................................................................13

16.15.020 Applicability.................................................................................................................13

16.15.030 Prohibition....................................................................................................................13

16.15.040 Remedies.......................................................................................................................14 CHAPTER 16.20: TENTATIVE MAPS ..........................................................................................16

16.20.010 Applicability.................................................................................................................16

16.20.020 Tentative Map Form and Content.............................................................................16

16.20.030 Compliance with the General Plan and the Development Code .........................17

3.A.10.m
Packet Pg. 1002 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 2 Title 16 – Subdivisions Draft October 2022

16.20.040 Geotechnical, Geologic, and Soils Report................................................................17

16.20.050 Flood Management .....................................................................................................18

16.20.060 Determination of Application Completeness..........................................................19

16.20.070 Tentative Map Distribution .......................................................................................19

16.20.080 Time Frames for Action on Tentative Maps............................................................19

16.20.090 Findings of Approval for Tentative Maps ...............................................................20

16.20.100 Tentative Map Procedures .........................................................................................21

16.20.110 Appeals .........................................................................................................................21

16.20.120 Expiration of a Tentative Map...................................................................................21

16.20.130 Extensions of Time for Tentative Maps....................................................................21

16.20.140 Modifications of Tentative Maps ..............................................................................23

16.20.150 Effect of Annexation on Maps ...................................................................................25 CHAPTER 16.25: VESTING TENTATIVE MAPS........................................................................26

16.25.010 Purpose .........................................................................................................................26

16.25.020 Applicability.................................................................................................................26

16.25.030 Filing and Processing of Vesting Tentative Maps ..................................................26

16.25.040 Application Materials .................................................................................................26

16.25.050 Development Rights ...................................................................................................27

16.25.060 Mandatory Findings for Approval ...........................................................................28

16.25.070 Expiration of a Vesting Tentative Map ....................................................................29

16.25.080 Extensions of Time for Vesting Tentative Maps .....................................................29

16.25.090 Modifications to Vesting Tentative Maps................................................................29 CHAPTER 16.30: STATE MANDATED SUBDIVISIONS ..........................................................30

16.30.010 Purpose .........................................................................................................................30

16.30.020 Responsibilities and Authorities ...............................................................................30 CHAPTER 16.35: COMMON INTEREST SUBDIVISION CONVERSIONS............................31

16.35.010 Applicability.................................................................................................................31

16.35.020 Development Review Required ................................................................................31

16.35.030 Application Requirements .........................................................................................31

16.35.040 Physical Standards for Condominium Conversions..............................................34

16.35.050 Tenant Provisions........................................................................................................37

3.A.10.m
Packet Pg. 1003 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 3 Title 16 – Subdivisions Draft October 2022

16.35.060 Notice to New Tenants ...............................................................................................38

16.35.070 Findings ........................................................................................................................38 CHAPTER 16.40: FINAL MAPS AND PARCEL MAPS.............................................................40

16.40.010 General..........................................................................................................................40

16.40.020 Accompanying Data and Additional Information.................................................40

16.40.030 Survey and Monuments Required............................................................................40

16.40.040 Submission and Review .............................................................................................41

16.40.050 Complete and Timely Filing ......................................................................................41

16.40.060 Final Map / Parcel Map Approval ............................................................................43

16.40.070 Limitation on Map Denial..........................................................................................44

16.40.080 Filing with the Office of the County Recorder........................................................44

16.40.090 Waiver of Parcel Map .................................................................................................44

16.40.100 Certificate of Correction .............................................................................................46

16.40.110 Effect of Annexation on Maps ...................................................................................46 CHAPTER 16.45: CERTIFICATES OF COMPLIANCE ..............................................................48

16.45.010 Purpose .........................................................................................................................48

16.45.020 Applicability.................................................................................................................48

16.45.030 Application and Required Fees .................................................................................48

16.45.040 Approving Authority..................................................................................................48

16.45.050 Criteria for Issuance ....................................................................................................48

16.45.060 Filing of Certificate of Compliance ...........................................................................49 CHAPTER 16.50: LOT LINE ADJUSTMENTS.............................................................................50

16.50.010 Purpose .........................................................................................................................50

16.50.020 Applicability.................................................................................................................50

16.50.030 Application and Required Fees .................................................................................50

16.50.040 Approving Authority..................................................................................................50

16.50.050 Processing Procedures ................................................................................................50

16.50.060 Findings for Approval................................................................................................51

16.50.070 Prohibited Conditions ................................................................................................51 CHAPTER 16.55: LOT MERGER ...................................................................................................52

16.55.010 Purpose .........................................................................................................................52

3.A.10.m
Packet Pg. 1004 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 4 Title 16 – Subdivisions Draft October 2022

16.55.020 Applicability.................................................................................................................52

16.55.030 Approving Authority..................................................................................................52

16.55.040 Processing Procedures ................................................................................................53

16.55.050 Mandatory Merger Requirements ............................................................................53

16.55.060 City-Initiated Merger..................................................................................................54

16.55.070 Effective Date of Merger.............................................................................................55

16.55.080 Unmerged Parcels .......................................................................................................55 CHAPTER 16.60: REVERSION TO ACREAGE ...........................................................................57

16.60.010 Purpose .........................................................................................................................57

16.60.020 Initiation of Proceedings ............................................................................................57

16.60.030 Filing of Reversion to Acreage ..................................................................................57

16.60.040 Submittal of Petition to City Engineer .....................................................................58

16.60.050 City Council Approval ...............................................................................................58

16.60.060 Filing with the County Recorder...............................................................................59 CHAPTER 16.65: DESIGN STANDARDS ....................................................................................60

16.65.010 Purpose .........................................................................................................................60

16.65.020 Applicability.................................................................................................................60

16.65.030 Street and Lot Layout Requirements........................................................................60

16.65.040 Lots ................................................................................................................................64

16.65.050 Access to Lots...............................................................................................................66

16.65.060 Energy Conservation ..................................................................................................66

16.65.070 Deviation of Standards ...............................................................................................67 CHAPTER 16.70: DEDICATIONS AND FEES.............................................................................68

16.70.010 Dedications Generally ................................................................................................68

16.70.020 Fees Generally..............................................................................................................69 CHAPTER 16.75: PARKLAND DEDICATION AND FEES.......................................................70

16.75.010 Purpose .........................................................................................................................70

16.75.020 Applicability.................................................................................................................70

16.75.030 General Standard.........................................................................................................70

16.75.040 General Dedication Requirements............................................................................70

16.75.050 Determination of Land or Fee ...................................................................................72

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Packet Pg. 1005 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 5 Title 16 – Subdivisions Draft October 2022

16.75.060 Formula for Dedication of Land................................................................................73

16.75.070 Criteria for Requiring Payment of In-Lieu Fees......................................................73

16.75.080 Credit for Private Parks..............................................................................................74

16.75.090 Exemptions...................................................................................................................75 CHAPTER 16.80: IMPROVEMENTS.............................................................................................76

16.80.010 Improvements Required ............................................................................................76

16.80.020 Off-Site Improvements ...............................................................................................76

16.80.030 Deferred Improvements .............................................................................................77

16.80.040 Design of Improvement Plans and Standards ........................................................77

16.80.050 Subdivision Improvement Agreements and Security............................................79

16.80.060 Completion of Improvements ...................................................................................81 CHAPTER 16.85: GRADING..........................................................................................................83

16.85.010 Purpose .........................................................................................................................83

16.85.020 Grading Improvements. .............................................................................................83 CHAPTER 16.90: DEFINITIONS ...................................................................................................85

16.90.010 Purpose .........................................................................................................................85

16.90.020 Definitions ....................................................................................................................85

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Packet Pg. 1006 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 6 Title 16 – Subdivisions Draft October 2022
CHAPTER 16.01: PURPOSE AND APPLICABILITY

SECTIONS

16.01.010 Title

16.01.020 Purpose and Intent

16.01.030 Authority

16.01.040 Applicability

16.01.050 Exceptions

16.01.060 Consistency with the General Plan

16.01.070 Conflicting Requirements

16.01.080 Status of Covenants and Agreements

16.01.090 Severability

16.01.010 Title
This Title is known as the Subdivision Ordinance of the City of San Jacinto, hereinafter referred to as the Title.

16.01.020 Purpose and Intent
The purpose of this Title is to provide the City with legal authority for the review of the design and improvement of subdivisions and the processing of any proposed division, consolidation, and/or reconfiguration of land within the city.

16.01.030 Authority
This Title is adopted pursuant to the authority reserved to the City by Article XI, Section 7, of the California Constitution and the authority granted to the City by Section 66411 of the Government Code to supplement and implement the California Subdivision Map Act, Section 66410 et seq. of the Government Code, as may be amended from time to time, hereinafter referred to as the Map Act.

16.01.040 Applicability
This Title shall apply to any division, consolidation, and/or reconfiguration of land within the city, except as identified in Section 16.01.050 (Exceptions), and any division, consolidation, and/or reconfiguration submitted to the City concurrently with an application to Annex land into the City. This title shall govern the preparation, processing, and approval of all tentative maps, final maps, parcel maps, lot line adjustments, parcel mergers, reversions to acreage, and waivers and all other actions regulated hereby. Any other matter not regulated by this Title shall be regulated by the Map Act.

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Packet Pg. 1007 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 7 Title 16 – Subdivisions Draft October 2022

16.01.050 Exceptions
The following are excepted from Division 2 of Title 7 of the Government Code and this Title. These exceptions are described more fully in Government Code Section 66412 et seq.:

1. The financing or leasing of apartments, offices, stores, or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks, or trailer parks.

2. Mineral, oil, or gas leases.

3. Land dedicated to cemetery purposes under the Health and Safety Code.

4. Boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant of tide and submerged lands is a party.

5. Any separate assessment under Section 2188.7 of the Revenue and Taxation Code.

6. The conversion of a community apartment project (Government Code Section 66412(g)).

7. The financing or leasing or any parcel of land or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under other City ordinances regulating design and improvement.

8. The financing or leasing of existing separate commercial or industrial buildings on a single parcel.

9. The financing or leasing of dwelling units pursuant to Section 65852.1 or accessory dwelling units pursuant to Section 65852.2 of the Government Code; however, this Title shall apply to the sale or transfer of those units.

10. Leasing of agricultural land for agricultural purposes, meaning the cultivation of food or fiber, or the grazing or pasturing of livestock.

11. The leasing or licensing of a portion of a parcel or the granting of an easement, use permit, or similar right for the purpose of financing, erection, sale, or lease of:
a. Wind-powered electrical generation facilities (Government Code Section 66412(i));
b. Cellular radio transmission facilities (Government Code Section 66412(j)); c. Solar electrical generation facilities (Government Code Section 66412(l)); or d. Certain agricultural waste projects (Government Code Section 66412(m)).

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Packet Pg. 1008 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 8 Title 16 – Subdivisions Draft October 2022

12. Conveyance of land to or from a government agency, public entity, or public utility, unless a showing is made in individual cases based on substantial evidence that public policy necessitates a parcel map.

13. Conveyance of land to a subsidiary of a public utility for conveyance to that public utility for rights-of-way, unless a showing is made in individual cases based on substantial evidence that public policy necessitates a parcel map.

16.01.060 Consistency with the General Plan
No division, consolidation, and/or reconfiguration of land within the city pursuant to this Title is to be approved for processing under this Title unless it is consistent with the General Plan. In the event of any conflict between this Title and the General Plan, the General Plan shall prevail. In the event this Title becomes inconsistent with the General Plan by reason of an amendment thereto or an element thereof, this Title shall be amended within a reasonable time so that it is consistent with the General Plan as amended.

16.01.070 Conflicting Requirements
The provisions of this Title shall not be deemed or construed to repeal, amend, modify, alter, or change any other City ordinance or provision of law not specifically repealed, amended, modified, altered, or changed herein. In the event the provisions of this Title conflict with any other City ordinance or provision of law, the more restrictive of any such provision shall apply, except as follows:

A. Specific Plans. Where a specific plan has been adopted containing specific development standards, design, and/or improvement standards that conflict with this Title, the Specific Plan shall supersede the requirements of this Title.

B. Development Agreements. Where a development agreement has been adopted containing specific development standards, design, and/or improvement standards that conflict with this Title, the development agreement shall supersede the requirements of this title.

16.01.080 Status of Covenants and Agreements
The provisions of this Title are not intended to abrogate any legally adopted easements, covenants, or other agreements which are more restrictive than the provisions of this Title.

16.01.090 Severability
Should any section, chapter, paragraph, phrase, or any portion of this Title be declared unconstitutional or invalid or set aside by any court of competent authority, such action

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Packet Pg. 1009 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 9 Title 16 – Subdivisions Draft October 2022
shall not affect other sections, chapters, paragraphs, phrases, or parts hereof, as adopted or amended.

CHAPTER 16.05: ADMINISTRATIVE RESPONSIBILITIES

SECTIONS

16.05.010 Purpose

16.05.020 Responsibilities and Authorities

16.05.030 Fees and Deposits

16.05.010 Purpose
The purpose of this chapter is to establish and describe the respective administrative responsibilities of City officials and bodies (e.g., City Engineer, Community Development Director, Planning Commission, City Council) for purposes of this Title.

16.05.020 Responsibilities and Authorities
The functions identified by this Title shall be carried out by the authorities as designated in Table 16.05.020-1 (Designated Authority for Approvals) or as specified in this Title.

Table 16.05.020-1: Designated Authority for Approvals and Appeals Approval Type Type of Action
Designated Authority
City
Engineer
Community
Development
Director
Planning
Commission
City
Council
Tentative Tract Map (16.20) Discretionary Decision1 Appeal Tentative Parcel Map (16.20) Discretionary Decision Appeal Appeal Vesting Tentative Tract Map
(16.25) Discretionary Recommend1 Decision1
Vesting Tentative Parcel
(16.25) Discretionary Recommend1 Decision1
Extension or Time Discretionary Decision Appeal Appeal
Common InterestSubdivision
Conversions(16.30)
Discretionary Decision1 Appeal
Final Map (16.35) Ministerial Decision
Final Parcel Map (16.35) Ministerial Decision
Parcel Map Waiver(16.35) Discretionary Decision Appeal Appeal Certificate of Compliance
(16.40)
Ministerial Decision Appeal Appeal
Lot Line Adjustment (16.45) Discretionary Decision Appeal Appeal Lot Merger(16.50) Discretionary Decision Appeal Appeal
Reversion to Acreage (16.55) Discretionary Decision Appeal Appeal 1 Public Hearing required per San Jacinto Development Code Chapter 17.710

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Packet Pg. 1010 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 10 Title 16 – Subdivisions Draft October 2022

16.05.030 Fees and Deposits
All applicants submitting applications required by this Title shall pay all applicable fees and/or deposits as adopted by City Council ordinance or resolution.

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Packet Pg. 1011 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 11 Title 16 – Subdivisions Draft October 2022
CHAPTER 16.10: RULES OF INTERPRETATION

SECTIONS

16.10.010 Purpose

16.10.020 Interpretation of Code Provisions

16.10.030 Rules of Interpretation

16.10.010 Purpose
The purpose of this chapter is to specify the authority, procedures, and rules for clarification in the regulations of this Title in order to ensure the consistent interpretation and application of the Title.

16.10.020 Interpretation of Code Provisions
A. Authority to Interpret. Where uncertainty exists regarding the interpretation of any provision of this Title or its application to a specific site, the Director, in consultation with the City Engineer as appropriate, shall have the authority and responsibility to interpret such terms, provisions, and requirements, unless specifically stated otherwise.

B. Record of Interpretation. Code interpretations shall be made in writing and shall state the facts upon which the Director relied to make the determination. The Department shall keep a record of interpretations made pursuant to this chapter on file for future reference.

C. Applicability of Interpretation. Code interpretations shall be applied in all future cases, provided that any interpretation may be superseded by a later interpretation when the Director determines that the earlier interpretation was in error or is no longer applicable under the current circumstances.

16.10.030 Rules of Interpretation
The following rules of interpretation shall be used in the application of the terms, provisions, and requirements of this Title.

A. Terminology. The following rules apply to all provisions in this Title:

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Packet Pg. 1012 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 12 Title 16 – Subdivisions Draft October 2022

1. Language. The words “shall,” “will,” “is to,” and “are to” and similar words and phrases are always mandatory. “Should” is not mandatory but is strongly recommended, and “may” is permissive.

2. Tense and number. The present tense includes the past and future tense, and the future tense includes the present. The singular number includes the plural, and plural numbers include the singular, unless the natural construction of the word indicates otherwise.

3. Conjunctions. “And” indicates that all connected items or provisions shall apply. “Or” indicates that the connected items or provisions may apply singly or in any combination. “Either…or” indicates that the connected items and provisions shall apply singly but not in combination. “Includes” and “including” shall mean “including but not limited to.”
B. Number of Days. Whenever a number of days is specified in this Title, or in any permit, approval, condition of approval, or notice issued or given as provided in this Title, the number of days shall be construed as calendar days, unless business days are specified. Time limits will extend to the following business day where the last of the specified number of days falls on a day that the City is not open for business.

C. Minimum Requirements. All provisions of this Title are considered to be minimum requirements, unless specifically stated otherwise.

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Packet Pg. 1013 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 13 Title 16 – Subdivisions Draft October 2022
CHAPTER 16.15: ENFORCEMENT

SECTIONS

16.15.010 Purpose

16.15.020 Applicability

16.15.030 Prohibition

16.15.040 Remedies

16.15.010 Purpose
The purpose of this chapter is to identify prohibitions for the division or conveyance of land and to identify remedies where such prohibited actions have been made.

16.15.020 Applicability
This chapter does not apply to any parcel or parcels of subdivision offered for sale or lease, contracted for sale or lease, or sold or leased in compliance with or exempt from any law, including this Title, regulating the design and improvement of subdivisions in effect at the time the subdivision was established.

16.15.030 Prohibition
A. No person shall sell, lease, or finance any parcel or parcels of real property or commence construction of any building for sale, lease, or financing thereon, or allow occupancy thereof, for which a final map or parcel map is required by the Map Act or this Title, until such a map, in full compliance with the provisions of the Map Act and this Title, and has been filed for record by the County Recorder.

B. Conveyances of any part of a division of real property for which a final or parcel map is required by the Map Act or this Title shall not be made by parcel or block number, letter, or other designation, unless and until such map has been filed for record by the County Recorder.

C. Nothing contained in this section shall be deemed to prohibit an offer or contract to sell, lease, or finance real property or to construct improvements thereon where such sale, lease, or financing, or the commencement of such construction, is expressly conditioned upon the approval and filing of a final map or parcel map, as required under the Map Act or this Title.

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Packet Pg. 1014 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 14 Title 16 – Subdivisions Draft October 2022

16.15.040 Remedies
A. Any deed of conveyance, sale, or contract to sell real property which has been divided, or which has resulted from a division in violation of the provisions of the Map Act or this Title, is voidable at the sole option of the grantee, buyer, or person contracting to purchase, or any heirs, personal representative, or trustee in insolvency or bankruptcy thereof, within one year after the date of discovery of such violation in accordance with Government Code Section 66499.32(a).

B. Any grantee, or successor in interest thereof, of real property which has been divided, or which has resulted from a division in violation of the provisions of the Map Act or this Title, may, within one year of the date of discovery of such violation, bring an action in the Superior Court of California, County of Riverside, to recover any damages suffered by reason of such division of property. The action may be brought against the person who so divided the property and against any successors in interest who subdivided the property and against any successors in interest who have actual or constructive knowledge of such division of property in accordance with Government Code Section 66499.32(b).

C. The provisions of this section shall not apply to the conveyance of any parcel of real property identified in a certificate of compliance, final map, or parcel map filed by the County Recorder, from and after the date of recording.

D. The provisions of this section shall not limit or affect, in any way, the rights of a grantee or successor in interest under any other provision of law.

E. This section does not bar any legal, equitable, or summary remedy to which the City or other public agency, or any person, firm, or corporation may otherwise be entitled, and the City or other public agency, or such person, firm, or corporation may file a suit in the Superior Court to restrain or enjoin any attempted or proposed subdivision or sale.

F. The City shall not issue a permit or grant any approval necessary to develop any real property which has been divided or which has resulted from a division in violation of the provisions of the Map Act or this Title if it finds that development of such real property is contrary to the public health or the public safety. The authority to deny or approve such a permit shall apply whether the applicant therefor was the owner of record at the time of such violation or whether the applicant therefor is either the current owner of record or a vendee thereof with, or without, actual or constructive knowledge of the violation at the time of the acquisition of an interest in such real property.

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Packet Pg. 1015 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 15 Title 16 – Subdivisions Draft October 2022
G. If the City issues a permit or grants approval for the development of any real property illegally subdivided under the provisions of subsection A of this section, the City may impose those additional conditions which would have been applicable to the division of the property at the time the current owner of record acquired the property. If the property has the same owner of record as at the time of the initial violation, the City may impose conditions applicable to a current division of the property. If a conditional certificate of compliance has been filed for recordation in accordance with the provisions of Chapter 16.45 (Certificates of Compliance), only those conditions stipulated in that certificate shall be applicable in accordance with Government Code Section 66499.34.

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Packet Pg. 1016 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 16 Title 16 – Subdivisions Draft October 2022
CHAPTER 16.20: TENTATIVE MAPS

SECTIONS

16.20.010 Applicability

16.20.020 Tentative Map Form and Content

16.20.030 Compliance with the General Plan and the Development Code

16.20.040 Geotechnical, Geologic, and Soils Report

16.20.050 Flood Management

16.20.060 Determination of Application Completeness

16.20.070 Tentative Map Distribution

16.20.080 Time Frames for Action on Tentative Maps

16.20.090 Findings of Approval for Tentative Maps

16.20.100 Tentative Map Procedures

16.20.110 Appeals

16.20.120 Expiration of a Tentative Map

16.20.130 Extensions of Time for Tentative Maps

16.20.140 Modifications of Tentative Maps

16.20.150 Effect of Annexation on Maps

16.20.010 Applicability
The procedures set forth in this chapter shall be applicable to tentative tract maps and tentative parcel maps, including subdivisions for condominium purposes. The provisions of this chapter comply with the requirements of Government Code Section 66410 et seq.

16.20.020 Tentative Map Form and Content
A. Before any tentative map, or request for extension of time of a tentative map, is accepted for filing, the subdivider shall file a completed application form on a City application designated for the specific request, pay all applicable fees, and submit the required tentative map in the appropriate format and quantity, as applicable, and all supporting materials and documents to the Department, as shown on forms and applications provided by the Department. The Director may, from time to time, amend the official application form and the map submittal requirements. Tentative maps shall be prepared in a scale, form, and manner acceptable to the Director and shall be prepared by a registered civil engineer or licensed land surveyor. The tentative map shall be clearly and legibly drawn as required by the official application form. .

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Packet Pg. 1017 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 17 Title 16 – Subdivisions Draft October 2022
B. The Director may require other drawings, data, reports, or information deemed necessary to accomplish the purposes of the Subdivision Map Act, the California Environmental Quality Act (CEQA), the Municipal Code, and this Title.

C. Except as provided in Section 16.40.050(A), the subdivider shall indicate the intent to submit phased final maps at the time of application for the tentative map, or prior to approval of the tentative map.

D. The subdivider should indicate the intent to request a parcel map waiver at the time of application for tentative map.

E. Vesting tentative maps shall conform to Chapter 16.25 (Vesting Tentative Maps) of this Title.

F. For tentative maps for condominium purposes, each sheet of the map shall clearly state, at a minimum, “For Condominium Purposes”.

16.20.030 Compliance with the General Plan and the Development Code All divisions of land pursuant to this Title shall conform to the City of San Jacinto General Plan and to the provisions set forth in the Development Code for the zone in which the property to be divided is located at the time the application for the tentative map is determined complete.

16.20.040 Geotechnical, Geologic, and Soils Report
A. Soils Report. The subdivider shall provide a preliminary soils report, based upon adequate subsurface exploration, test borings, and laboratory tests, with application of the tentative map or parcel map. In the event the preliminary soils report indicates the presence of collapsible or expansive soils, liquefaction, or other soil problems, which if not corrected could result in structural defects, a geotechnical investigation of each lot or parcel in the subdivision shall be undertaken, and a report shall be submitted recommending corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problems exist. The subdivision or any portion thereof where such soils problems exist may be approved if it is determined that the recommended corrective action is likely to prevent structural damage to each structure to be constructed and that the issuance of any Building Permit shall be conditioned to include this recommended corrective action with the construction of each affected structure. The report may be waived if, in the exercise of his or her professional

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Packet Pg. 1018 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 18 Title 16 – Subdivisions Draft October 2022
judgment, the City Engineer finds that sufficient knowledge exists as to the qualities of the soils within the proposed subdivision.

B. Geologic and geotechnical reports shall be required, with application of the tentative map or parcel map, as directed by the City Engineer or, when a subdivision involves any of the following:

1. The subdivision is within any zone requiring special study by the State Geologist or the City Engineer.

2. The subdivision proposes to dispose surface water through the use of dry wells or other subsurface facilities.

3. The site of the subdivision contains hillside areas where the existing gradient equals or exceeds 25 percent.

4. The development of the subdivision requires excavation into bedrock.

C. Geotechnical, geologic, and soils reports, as required herein, shall be prepared by an engineer or geologist based on guidelines determined by the City Engineer, as applicable, who is authorized or licensed to practice and prepare the reports by the State of California. Such reports shall be reviewed and approved by the City Engineer. If public improvement plans or grading plans are required as part of the tentative map approval process, the review and approval of the geotechnical, geologic, or soils reports shall be required prior to approval of public improvement plans or grading plans. The City Engineer may waive these requirements for parcel maps at his or her discretion,in the exercise of his or her professional judgment. The City Engineer shall make a copy of all approved reports available to the public.

16.20.050 Flood Management
Prior to approval of any tentative map or tentative parcel map, the subdivider shall demonstrate, to the satisfaction of the City Engineer, that the design of the subdivision is such that it conforms with Chapter 15.40 (Floodplain Management) of the San Jacinto Municipal Code. The City Engineer may require studies, mapping, easements, design, and construction as part of the final map or parcel map processing to ensure that this requirement is met. Unless otherwise permitted by this Title, no final map or parcel map shall be recorded if additional studies, engineering design, acquisition of easements, or construction of flood control facilities is required for issuance of any Building Permit for the subdivision. The City Engineer shall make a copy of all approved studies available to

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Packet Pg. 1019 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 19 Title 16 – Subdivisions Draft October 2022
the public. Such studies shall be prepared under the direction of a registered civil engineer.

16.20.060 Determination of Application Completeness
The Director shall notify the applicant of its determination of completeness of the subdivision application in accordance with Government Code Section 65943. The applicant shall have the right to appeal a decision that an application is incomplete to the Planning Commission pursuant to Government Code Section 65943(c), through the appeal process set forth in Chapter 17.715 (Appeals) of the Development Code.

16.20.070 Tentative Map Distribution
When a tentative map has been properly filed and the land divider has furnished the required number of copies and paid the required fee, the Director shall determine which agencies will be affected by the proposed land division and forward to each one copy of the tentative map.

16.20.080 Time Frames for Action on Tentative Maps
A. The approving authority shall hold a public hearing on the map, and upon making all findings required in Section 16.20.090 (Findings of Approval for Tentative Maps), shall approve or conditionally approve the tentative map. If such findings are not made, the approving authority shall deny the tentative map. The approving authority shall render a decision within 50 days of certification of an environmental impact report, adoption of a negative declaration, or a determination that the project is exempt from CEQA, in accordance with Government Code Sections 66452.1 and 66452.2:

B. The time frames noted above may be extended as provided by prevailing statutory law or court decisions.

C. In the event that action on a tentative map application is not taken in a timely manner and the application is deemed approved by operation of law, pursuant to Government Code Section 66452.4, the standard conditions of approval prepared by the City that are in effect at the time the application was deemed complete shall automatically be applied to the tentative map.

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Packet Pg. 1020 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 20 Title 16 – Subdivisions Draft October 2022

16.20.090 Findings of Approval for Tentative Maps
Any tentative map shall be approved, or conditionally approved, only if all the following findings are made:

A. The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, General Plan, any applicable specific plan, and the San Jacinto Municipal Code.

B. The tentative map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will be of an adequate size to sustain their agricultural use.

C. The site is physically suitable for the type and proposed density of development proposed by the tentative map.

D. The design of the subdivision and the proposed improvements, with conditions of approval, are either:

1. Not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat, or

2. An environmental impact report under which a finding has been made pursuant to Public Resources Code Section 21081(a)(3) that specific economic, social, or other considerations make infeasible mitigation measures or project alternatives identified in the environmental impact report.

E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems.

F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible.

G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided.

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Packet Pg. 1021 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 21 Title 16 – Subdivisions Draft October 2022
H. The subdivision is consistent with the City’s parkland dedication requirements (per the Quimby Act), as applicable, in accordance with Chapter 16.75 (Parkland Dedication and Fees).

16.20.100 Tentative Map Procedures
A. The designated approving authority as specified in Section 16.05.020 (Responsibilities and Authorities) may approve or conditionally approve any tentative tract map if it can make the findings listed in Section 16.20.090 (Findings of Approval for Tentative Maps), and may place reasonable conditions on filing of multiple final or parcel maps. In making findings in support of the approval or disapproval, the approving authority shall apply all applicable City standards in effect at the time the application was deemed complete; provided, however, that such other City standards which may be applicable under the provisions of Government Code Section 66474.2(b) and (c) shall also be applied.

B. The approving authority may deny a tentative map on any of the grounds set forth in the Map Act or this Title, and shall deny the tentative map if it cannot make all of the findings listed in Section 16.20.090.

16.20.110 Appeals
A subdivider or any other interested party may appeal a decision of the Director or the Planning Commission by using the procedures set forth in Section 17.715 (Appeals) of the Development Code.

16.20.120 Expiration of a Tentative Map
An approved or conditionally approved tentative map shall expire 36 months after its approval by the designated authority as outlined in Table 16.05.020-1. The expiration of an approved or conditionally approved map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included on the tentative map shall be filed without first processing a new tentative map.

16.20.130 Extensions of Time for Tentative Maps
Notwithstanding Section 16.20.120 (Expiration of a Tentative Map), the initial 36-month term of approved or conditionally approved tentative maps may be extended as follows:

A. Request by the Subdivider. Prior to the expiration of the tentative map, the subdivider may apply for an extension of time. The subdivider shall file with the

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Packet Pg. 1022 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 22 Title 16 – Subdivisions Draft October 2022
Department a completed application form, pay all applicable fees, and submit the required number of copies of the tentative map and all supporting materials and documents required on the City’s official application form, including, but not limited to, environmental analysis pursuant to CEQA.

B. Provided no changes are being requested by the subdivider, the Director may approve one or more extensions of time up to 36 months in addition to the original 36 month expiration for a total of 6 years, and may impose additional conditions of approval on a future related action to maintain the public health, safety, and welfare and/or to comply with current City standards and ordinances, and State or federal requirements to the extent allowed by law provided that all of the findings required by Section 16.20.090 (Findings of Approval for Tentative Maps) can be made.

C. If, as part of the request for extension of the term of a tentative map, the subdivider requests changes or amendments to the tentative map or the conditions of approval for that map, the project shall be reviewed in accordance with Section 16.20.140 (Modifications of Tentative Maps) and the City may require amendments to the tentative map or the conditions of approval.

D. If a subdivider is required to expend the amount specified in Government Code Section 66452.6 to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way which abut the boundary of the property to be subdivided and which are reasonably related to the development of that property, each filing of a final map authorized by Government Code Section 66456.1 shall extend the expiration of the approved or conditionally tentative map by 36 months from the date of its expiration or the date of a previously filed final map, whichever is later. The extensions shall not extend the term of the tentative map more than 10 years from its date of original approval.

E. Request for time extensions must be filed with the Department prior to the expiration of the map or any subsequent extensions. Retroactive time extensions (time extensions that have already expired) are prohibited unless specified by law or court order.

F. The period of time specified in Section 16.20.120 including any extension thereof granted pursuant to Section 16.20.130 A through D, shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence. However, the length of the moratorium shall not exceed five years. Once a development moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the

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Packet Pg. 1023 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 23 Title 16 – Subdivisions Draft October 2022
moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium.

G. The period of time specified in Section 16.20.120 including any extension thereof granted pursuant to Section 16.20. 130 A through D, shall not include the period of time during which a lawsuit or challenge involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the City pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the City, the subdivider may apply to the City for a stay pursuant to the City’s adopted procedures. Within 40 days after receiving the application, the City shall either stay the time period for up to five years or deny the requested stay.

16.20.140 Modifications of Tentative Maps
A. Approved tentative maps and/or their conditions of approval may be amended upon application by the subdivider or, with consent of the subdivider, or by action initiated by the Director or City Engineer, pursuant to this section. The subdivider shall file an application with the Department requesting that a determination be made regarding the project. The City shall respond within 30 days with a determination that the application is complete or incomplete. Additional exhibits may be required at the discretion of the City.

B. Minor Modifications. Minor modifications to an approved or conditionally approved map shall be processed as follows:

1. Applicability. A minor modification includes changes that are consistent with the intent of the original map approval, do not affect off-site properties, and result in no violations of this Title or the Development Code. The following modifications are considered minor:
a. Modifications to less than 10 percent of the total number of lots in the subdivision, provided that the basic design concept is retained and there is no increase in the total number of lots within the subdivision. b. Modifications to the horizontal alignment of 10 feet or less, or vertical alignment of 5 feet or less, of any cul-de-sac or local or collector roadway when such modification does not affect off-site property, and design integrity of the roadways.

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Packet Pg. 1024 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 24 Title 16 – Subdivisions Draft October 2022
c. Modifications to a condition of approval that is no longer appropriate or necessary.
d. Any other changes which in the opinion of the Director do not involve substantial changes to the map or the conditions of approval and which do not affect off-site properties.

2. Review. Minor modifications are processed administratively without notice or public hearing.

C. Major Modifications. Major modifications to an approved or conditionally approved map shall be processed as follows:

1. Applicability. A major modification includes changes that exceed the thresholds listed in Subsection 16.20.140.B.

2. Review.
a. The Director shall make a written recommendation to the final approving authority for the approved or conditionally approved map. A public hearing notice shall be provided unless the original map approval did not previously require such a hearing.
b. The reviewing or approving authority may take action on the matter when it first appears on the agenda, or it may continue the matter with or without the consent of the subdivider.

D. The approval or conditional approval of any modified tentative map shall not be construed as extending the time within which the final map shall be filed unless such time extension is specifically granted by the approving authority upon application by the subdivider pursuant to Section 16.20.130 (Extensions of Time for Tentative Maps).

E. Any other amendment not meeting the criteria as listed in Subsection 16.20.140.B or Subsection 16.20.140.C of an approved or conditionally approved map shall be processed as a revised map, following procedures set forth in this chapter for tentative map approval.

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Packet Pg. 1025 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 25 Title 16 – Subdivisions Draft October 2022

16.20.150 Effect of Annexation on Maps
When any area for which a subdivision or proposed subdivision subject to any tentative map, parcel map or final map has been filed but a tentative map or final map has not been approved, or for which a parcel map is required by this Title but the final act required to make the parcel map effective has not been taken, is annexed to the city, the subdivider shall process all necessary applications and revise any portion of the map that is not in conformance with the City standards that were in effect as of the effective date of the annexation. The subdivider shall submit the required applications and/or make the necessary revisions within 36 months of the effective date of the annexation, prior to expiration of the tentative map, or prior to complete and timely filing of a final map, whichever occurs first. The City may require the subdivider to attend a pre-application meeting with the Director to determine the extent of any required modifications. Any tentative map that is not brought into conformance with the City’s policies, rules, and regulations that were in effect as of the effective date of the annexation in accordance with the timeframe specified above will be considered expired, and no final map shall be processed by the City.

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Packet Pg. 1026 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 26 Title 16 – Subdivisions Draft October 2022
CHAPTER 16.25: VESTING TENTATIVE MAPS

SECTIONS

16.25.010 Purpose

16.25.020 Applicability

16.25.030 Filing and Processing of Vesting Tentative Maps

16.25.040 Application Materials

16.25.050 Development Rights

16.25.060 Mandatory Findings for Approval

16.25.070 Expiration of a Vesting Tentative Map

16.25.080 Extensions of Time for Vesting Tentative Maps

16.25.090 Modifications to Vesting Tentative Maps

16.25.010 Purpose
The purpose of this chapter is to establish procedures for the review, approval, and administration of vesting tentative maps. The provisions of this chapter comply with the requirements of Government Code Section 66410 et seq.

16.25.020 Applicability
Whenever this Title requires the filing of a tentative map, a vesting tentative map may instead be filed in accordance with the provisions of this Chapter. As used in this Chapter, “vesting tentative maps” shall include vesting tentative maps for all subdivisions, without regard to the number or type of lots being created.

16.25.030 Filing and Processing of Vesting Tentative Maps A vesting tentative map shall be filed in the same form, shall have the same content and accompanying data and reports, and shall be processed in the same manner described for tentative maps in Chapter 16.20 (Tentative Maps), except as modified by this chapter. The designated approval authorities for vesting tentative maps and vesting tentative parcel maps shall be as specified in Section 16.05.020 (Responsibilities and Authorities).

16.25.040 Application Materials
At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words “Vesting Tentative Map.” The application shall be submitted in accordance with Section 16.20.020 (Tentative Map Form and Content), accompanied by the following additional materials:

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Packet Pg. 1027 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 27 Title 16 – Subdivisions Draft October 2022
A. Details on the height, size, and location of proposed buildings.

B. Architectural elevations, schematic plans, and materials board for proposed building.

C. Grading Plans, Sewer, water, storm drain, electrical, cable television, telephone, gas and street improvement plans.

D. Flood control information.

E. A school impact analysis.

F. A traffic impact analysis.

G. Detailed grading plans.

H. Solar access, passive or natural heating or cooling opportunities.

I. Signing programs (advertising and safety signing).

J. Proposed programs for open space maintenance, slope maintenance, provision of trails/parks and maintenance thereof.

K. Other application requirements as deemed necessary by the City.

16.25.050 Development Rights
A. The conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Government Code Section 66474.2. However, if Government Code Section 66474.2 is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved.

B. The above notwithstanding, a permit, approval, extension, or entitlement may be made conditional or may be denied if either of the following are determined:

1. Failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.

2. The condition(s) or denial is required in order to comply with state or federal law.

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Packet Pg. 1028 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 28 Title 16 – Subdivisions Draft October 2022
C. The provisions of this section shall not:

1. Limit the City from imposing reasonable conditions on subsequently required approvals or permits necessary for the development and authorized by the ordinances, policies, and standards described in subsection A of this section.

2. Diminish or alter the City’s power to impose conditions on a development to protect against a condition dangerous to the public health or safety.

D. If a final map or a parcel map is approved prior to the expiration of the vesting tentative map and is subsequently recorded, the tentative map vesting rights for the final map area or parcel map area shall last for the periods listed below:

1. An initial time period of 2 years following recordation of the final map or parcel map. Where several final maps or parcel maps are recorded on phases of a project covered by a single vesting tentative map, the 2-year time period for each final map or parcel map shall begin on the date of recordation of that map.

2. The initial time period set forth in the above paragraph shall be automatically extended by any time used by the City for processing a complete application for a Grading Permit or for design or architectural review, if such processing exceeds 30 days; provided, however, that such extension shall only be for the number of days in excess of 30 days, and provided further that such extensions shall not be cumulative.

3. If, during the 2-year period following recording of a final map or final parcel map, the City receives a complete application for a Building Permit and the subdivider has satisfied all requirements for the issuance of a Building Permit, the right to proceed with development in accordance with the vesting tentative map shall continue until the expiration of the Building Permit.

16.25.060 Mandatory Findings for Approval
The City shall approve a vesting tentative map only if the approving authority makes findings in accordance with Section 16.20.090 (Findings of Approval for Tentative Maps).

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Packet Pg. 1029 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 29 Title 16 – Subdivisions Draft October 2022

16.25.070 Expiration of a Vesting Tentative Map
A conditionally-approved vesting tentative map shall expire 36 months after its approval.

The expiration of an approved or conditionally approved vesting tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included on the vesting tentative map shall be filed without first processing a new map.

16.25.080 Extensions of Time for Vesting Tentative Maps Notwithstanding Section 16.25.070 (Expiration of a Vesting Tentative Map), the initial 36- month term of approved or conditionally-approved vesting tentative maps may be extended in the manner as outlined in Section 16.20.130 (Extensions of Time for Tentative Maps).

16.25.090 Modifications to Vesting Tentative Maps
At any time prior to the expiration of a vesting tentative map, the subdivider, his or her successor, or his or her assignee, may apply for a modification to such map. The approval authority shall hold a public hearing on any application involving a modification to the vesting tentative map or to the development related thereto, following procedures set forth for the modification of tentative maps in Section 16.20.140 (Modifications of Tentative Maps). Approval of a modification to a vesting tentative map or to the development related thereto shall not alter the expiration date of the vesting tentative map.

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Packet Pg. 1030 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 30 Title 16 – Subdivisions Draft October 2022
CHAPTER 16.30: STATE MANDATED SUBDIVISIONS

SECTIONS

16.30.010 Purpose

16.30.020 Responsibilities and Authorities

16.30.010 Purpose
The purpose of this chapter is to establish and describe the processes for state mandated subdivisions, including those required under Senate Bill 9.

16.30.020 Responsibilities and Authorities
Refer to Article 9 of the Title 17 – Development Code for processing of State Mandated Subdivisions.

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Packet Pg. 1031 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 31 Title 16 – Subdivisions Draft October 2022
CHAPTER 16.35: COMMON INTEREST SUBDIVISION

CONVERSIONS

SECTIONS

16.35.010 Applicability

16.35.020 Development Review Required

16.35.030 Application Requirements

16.35.040 Physical Standards for Condominium Conversions

16.35.050 Tenant Provisions

16.35.060 Notice to New Tenants

16.35.070 Findings

16.35.010 Applicability
This chapter shall apply to all conversions of existing residential real property to condominiums, community apartments, or stock cooperative projects or any other form of ownership except conversion projects for which a final map or parcel map has been approved by the City Council prior to the effective date of the ordinance codified in this chapter, or where the conversion involved a limited equity housing cooperative as defined in Section 33007.5 of the Health and Safety Code. All provisions, conditions, and further definitions of condominium development as approved included in the California Civil Code, Government Code, Revenue and Taxation Code, and Business and Professions Code shall apply to the divisions of real property as permitted herein.

16.35.020 Development Review Required
In addition to the limitations and restrictions contained in this chapter, the Map Act, and the applicable building and fire regulations, no residential apartment unit shall be converted for sale, transfer, or conveyance as a community apartment project, stock cooperative project, or condominium without concurrently obtaining approval of a Conditional Use Permit in accordance with Section 17.605 of the Development Code.

16.35.030 Application Requirements
In addition to such other application requirements as are deemed necessary by the City, an application for conversion of a residential unit shall not be accepted or considered complete unless the application includes all of the following information in a form acceptable to the Director, except where such requirement is waived or modified by the Director:

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Packet Pg. 1032 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 32 Title 16 – Subdivisions Draft October 2022
A. Physical Elements Report. A report prepared by a registered engineer or architect or licensed qualified contractor describing the physical elements of all structures and facilities, sound transmission levels between units, mechanical equipment, parking facilities, and appliances.

Regarding each such element, the report shall state, to the best knowledge or estimate of the applicant, when such element was built, the condition of each element, the cost of replacing the element, and any variation or noncompliance of the element from the Development Code in effect at the time the application is filed with the City and from the Building Code in effect on the date that the last Building Permit was issued for the subject structure. The report shall identify any defective or unsafe elements and set forth the proposed corrective measures to be employed.

B. A report from a licensed structural pest control operator, approved by the City, on each structure and each unit within the structure.

C. A report on soil and geological conditions regarding soil deposits, rock formations, faults, groundwater, and landslides in the vicinity of the project and a statement regarding any known evidence of soil problems relating to the structures. Reference shall be made to any previous soils reports for the site and a copy submitted with the report.

D. A statement of repairs and improvements to be made by the subdivider necessary to refurbish and restore the project to achieve a level of appearance and safety consistent with applicable codes and ordinances, as specified in subdivision A of this section.

E. A declaration of covenants, conditions, and restrictions (CC&Rs) in draft or outline form which would be applied to any and all owners of condominium units within the project. The declaration shall include, but not be limited to, the conveyance of units; the assignment of parking; an agreement for common area maintenance, including facilities and landscaping, together with an estimate of any initial assessment fees anticipated for such maintenance; a description of a provision for maintenance of all utility lines and services for each unit; and a plan for equitable sharing of communal water metering.

F. Specific information concerning the demographic characteristics of the project, including but not limited to the following:

1. Square footage and number of rooms in each unit.

2. Rental rate history for each unit for previous 5 years.

3. Monthly vacancy rate for each month during preceding 2 years.

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Packet Pg. 1033 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 33 Title 16 – Subdivisions Draft October 2022

4. Makeup of existing tenants’ households, including size, length of residence, age of tenants, and whether receiving federal or state rent subsidies.

5. Proposed sale price of each unit.

6. Proposed homeowners association fee.

7. Financing available.

8. Names and addresses of all tenants.

When the subdivider can demonstrate that such information is not available, this requirement may be modified by the Director.

G. Signed copies from each tenant of notice of intent to convert, as specified in Section

16.45.060 (Notice to New Tenants). The subdivider shall submit evidence that a letter of notification was sent to each tenant for whom a signed copy of the notice is not submitted. This requirement shall be deemed satisfied if such notices comply with legal requirements for service by mail.

H. Any other information which, in the opinion of the Director, will assist in determining whether the proposed project will be consistent with the purposes of this chapter.

I. Submittal of Budget. The subdivider shall provide the City with a copy of the proposed budget for maintenance and operation of common facilities, including needed reserves, with the tentative map application. The budget shall show estimated monthly costs to the owner of each unit, projected over a 5-year period, or such time as is required by the California Department of Real Estate. Such budget shall be prepared or reviewed and approved by a professional management firm experienced with management of condominium complexes. The management firm shall submit a statement of professional qualifications.

J. Copy to Buyers. The developer shall provide each purchaser with a copy of all submittals (in their final acceptable form) required by subsections A through I of this section prior to such purchaser executing any purchase agreement or other contract to purchase a unit within the project, and the developer shall give the purchaser sufficient time to review the information. Copies of the submittals shall be made available at all times at the sales office, and a notice indicating that such reports are available shall be posted at various locations, as approved by the City, at the project site. Copies shall be provided to the homeowners association upon its formation.

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Packet Pg. 1034 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 34 Title 16 – Subdivisions Draft October 2022
K. Final Information Submitted. Prior to entering into escrow on the first unit, the subdivider shall submit the following information to the Department:

1. Name, address, and phone number of homeowners association.

2. Actual sales price of units.

3. Actual homeowner’s association fee.

4. Number of prior tenants who intend to purchase units.

5. Number of units purchased with intent to be used as rentals.

The final form of the physical elements report and other documents shall be as approved by the City. The reports in their acceptable form shall remain on file with the Department for review by any interested persons until the conclusion of the conversion process. The report shall be referenced in the subdivision report to the Approval Authority.

16.35.040 Physical Standards for Condominium Conversions Adequate Physical Condition. To achieve the purpose of this chapter, the Approval Authority shall require that all condominium conversions conform to the San Jacinto Development Code in effect at the time of tentative map approval, except as otherwise provided in this chapter. In making the determination that the project is in conformance with the Development Code and other applicable provisions of the Municipal Code, the following will be required:

A. Prior to scheduling the tentative map for a public hearing, an inspection shall be conducted by the Director, or designee(s), to determine project-wide conformance with Title 17 and other applicable provisions of the Municipal Code. A report of any violations shall be included in the staff report to the Approval Authority. The subdivider shall be responsible for the payment of any fees related to the inspection of the project.

B. Prior to the approval of the final map or parcel map, a physical inspection of the project site, including each individual unit, shall be made by the Director, or designee(s). Such inspection shall be made to ensure compliance with all applicable conditions of approval as specified in the tentative map and Conditional Use Permit approval. All such corrections shall be made prior to the approval of the final or

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Packet Pg. 1035 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 35 Title 16 – Subdivisions Draft October 2022
parcel map. The subdivider shall be responsible for the payment of any fees related to the inspection of the project.

C. Specific Physical Standards. The Planning Commission shall require conformance with the standards of this subsection in approving the map.

D. Building Regulations. The project shall conform to the applicable standards of the Uniform Building Code, Uniform Plumbing Code, and Uniform Electrical Code in effect on the date that the last Building Permit was issued for the subject structure or structures except as herein provided.

E. Health and Safety. Each bathroom in each living unit shall be provided with ground fault circuit interrupters.

F. Fire Prevention.

1. Smoke Detectors. Each living unit shall be provided with approved detectors of products of combustion other than heat, conforming to the latest code standards, as adopted by the City.

2. Maintenance of Fire Protection Systems. All fire hydrants, fire alarm systems, portable fire extinguishers, and other fire protective appliances shall be properly installed and maintained in an operable condition at all times.

G. Parking. Each unit shall be provided parking in accordance with Chapter 17.330 (Parking and Loading Standards).

H. Sound Transmission.

1. Shock Mounting of Mechanical Equipment. All permanent mechanical equipment such as motors, compressors, pumps, and compactors which is determined by the City to be a source of structural vibration or structureborne noise shall be shock mounted with inertia blocks or bases and/or vibration isolators in a manner approved by the Building Official.

2. Noise Standards. The structure shall conform to all interior and exterior sound transmission standards of the Uniform Building Code. In such cases where present standards cannot reasonably be met, the Approval Authority may require the applicant to notify potential buyers of the noise deficiency currently existing within these units.

I. Utility Metering. Each dwelling unit shall be separately metered for water, gas, and electricity, and each unit shall have a separate lateral connection to a trunk sanitary sewer. Alternatively, the subdivider shall develop a plan for equitable sharing of these utilities prior to final map or parcel map approval, which shall be included in the covenants, conditions, and restrictions.

J. Private Storage Space. Each unit shall have at least 150 cubic feet of enclosed weatherproof and lockable private storage space in addition to guest, linen, pantry,

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Packet Pg. 1036 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 36 Title 16 – Subdivisions Draft October 2022
and clothes closets customarily provided. Such space may be provided in any location approved by the Approval Authority, but shall not be divided into two or more locations.

K. Laundry Facilities. A laundry area shall be provided in each unit; or if common laundry areas are provided, such facilities shall consist of not less than one automatic washer and one dryer of equivalent capacity for every five units with two or more bedrooms, and for every seven studio , efficiency, or one bedroom units.

L. Landscape Maintenance. All landscaping shall be restored as necessary and maintained in accordance with approved landscape plans. If a significant amount of new landscaping is required, the subdivider shall prepare revised/new landscape plans for review and approval by the Director . Such plans shall be subject to all applicable City ordinances including but not limited to Chapter 17.325 (Landscaping Standards) of the Development Code.

M. Condition of Equipment and Appliance. The developer shall provide a warranty to the buyer of each unit at the close of escrow that any dishwashers, garbage disposals, stoves, refrigerators, hot water tanks, and air conditioners that are provided have a useful life of at least 1 year. At such time as the developer relinquishes control over management of the development, pursuant to the covenants, conditions, and restrictions, the developer shall provide a warranty to the association that any pool and pool equipment (filter, pumps, chlorinator) and any appliances, recreational amenities and mechanical equipment to be owned in common by the association have a useful life of 1 year. Prior to final map or parcel map approval, the developer shall provide the City with a copy of warranty insurance covering equipment and appliances pursuant to this subsection.

N. Refurbishing and Restoration. All main buildings, structures, fences, patio enclosures, carports, accessory buildings, sidewalks, driveways, landscaped areas, recreational equipment, and additional elements as required by the Approval Authority shall be refurbished and restored as necessary to achieve a degree of appearance, quality, and safety consistent with applicable City standards. The developer shall provide to the homeowners association and/or purchaser a 1-year warranty on all physical improvements required under this subsection. If substantial restoration is required, the design plans shall be subject to the Approval Authority approval.

O. Long-Term Reserves. Prior to approval of the final map or parcel map, the developer shall provide satisfactory evidence to the City that a long-term reserve fund for replacement and repair has been established in the name of the homeowners association. Such fund shall equal at least two times the estimated monthly homeowners’ assessment for each dwelling unit, or an amount otherwise required by law.

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Packet Pg. 1037 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 37 Title 16 – Subdivisions Draft October 2022

16.35.050 Tenant Provisions
A. Notice of Intent. As provided in Government Code Section 66427.1(a)(2)(A), a notice of intent to convert shall be delivered by the subdivider to each tenant at least 60 days prior to submitting an application for the tentative map and Conditional Use Permit. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail. The form of the notice shall be in the form outlined in Government Code Section 66452.9 and approved by the Director and shall inform the tenants of all rights provided under this chapter and state law.

B. Notice of Public Report. As provided in Government Code Section 66427.1(a)(2)(B), each tenant shall receive 10 days’ written notice that an application for a public report will be or has been submitted to the California Department of Real Estate and that such report will be available on request from the Department. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail.

C. Notice of Subdivider’s Report. As provided in Government Code Section 66427.1(a)(2)(C), each tenant shall receive written notification that the subdivider has received the public report from the California Department of Real Estate. This notice shall be provided within five days after the date that the subdivider receives the public report from the Department of Real Estate.

D. Notice of Final Map Approval. As provided in Government Code Section 66427.1(a)(2)(D), each tenant shall receive written notification within 10 days of approval of a final map for the proposed conversion. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail.

E. Notice of Intention to Convert. As provided in Government Code Section 66427.1(a)(2)(E), each tenant shall receive 180 days written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion, but not before the Approval Authority has approved a tentative map for the conversion.

F. Tenant’s Right to Purchase. As provided in Government Code Section 66427.1(a)(2)(F), any present tenant shall be given notice of an exclusive right to contract for the purchase of his or her respective unit and upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period not less than 90 days from the date of the issuance of the subdivision public report unless the tenant gives prior written notice of his or her intention not to exercise the right. Evidence of receipt by each tenant shall be submitted prior to approval of the final map. The written

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Packet Pg. 1038 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 38 Title 16 – Subdivisions Draft October 2022
notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail.

G. The developer shall provide suitable alternate housing to tenant households, at no additional cost to the tenant, whose unit undergoes substantial remodeling or rehabilitation during conversion, if the unit being remodeled or rehabilitated is not habitable. The final determination of habitability and suitability shall be made by the Director.

16.35.060 Notice to New Tenants
After submitting the tentative map and development plan applications to the City, the developer shall notify any prospective tenants in writing of the intent to convert prior to leasing or renting any unit. The form of the notice shall be as follows, or similar with same intent:

To the prospective occupant(s) of [Address]
The owner(s) of this building/project, at (address), has/have filed an application for a tentative map and Conditional Use Permit with the City of San Jacinto to convert this building to a (condominium, community apartment, or stock cooperative project). No units may be sold in this building unless and until the City approves the conversion and subsequently a public report is issued by the California Department of Real Estate. If you become a tenant of this building, you shall be given notice of each hearing for which a notice is required pursuant to California Government Code Sections 66451.3 and 66452.5, and you have the right to appear and the right to be heard at such hearing.
_________________________________
(Signature of owner’s agent) (Dated)
_________________________________
I have received notice on (date) Prospective tenant or tenants signature(s)

16.35.070 Findings
Prior to approval of the tentative map and conditional use permit, the Approval Authority shall hold a public hearing. Notice of the hearing shall be given in accordance with Government Code Section 65090 and San Jacinto Development Code Section 17.710 (Public Hearing and Notice). A copy of any staff report shall be served by the developer on each tenant of the subject property at least 3 days priorto the hearing, either by personal service

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Packet Pg. 1039 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 39 Title 16 – Subdivisions Draft October 2022
or by posting the report on the front door of the unit and mailing it to the tenant. The Approval Authority shall not approve a tentative map for conversion of apartment units unless the Approval Authority finds that:

A. All provisions of this chapter are met.

B. The proposed conversion is consistent with the goals, objectives, policies, general land uses, and programs specified in the San Jacinto General Plan, including the Housing Element, and with any applicable specific plan.

C. The proposed conversion will conform to the San Jacinto Municipal Code in effect at the time of tentative map and development plan approval, except as otherwise provided in this chapter.

D. The overall design, physical condition, and amenities of the condominium conversion are consistent with those associated with condominium developments throughout the city and such elements achieve a high degree of appearance, quality, and safety.

E. The proposed project will not convert, during the current calendar year, more than 5 percent of the potentially convertible rental units in San Jacinto for the current calendar year, except as otherwise provided in this chapter.

F. There is no evidence in the public hearing record to indicate that vacancies in the project were intentionally increased for the purposes of preparing the project for conversion.

G. There is no evidence in the public hearing record to indicate that tenants have been coerced to publicly support or approve the conversion, or to refrain from publicly opposing it, or to forgo any assistance to which they may be entitled.

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Packet Pg. 1040 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 40 Title 16 – Subdivisions Draft October 2022
CHAPTER 16.40: FINAL MAPS AND PARCEL MAPS

SECTIONS

16.40.010 General

16.40.020 Accompanying Data and Additional Information

16.40.030 Survey and Monuments Required

16.40.040 Submission and Review

16.40.050 Complete and Timely Filing

16.40.060 Final Map / Parcel Map Approval

16.40.070 Limitation on Map Denial

16.40.080 Filing with the Office of the County Recorder

16.40.090 Waiver of Parcel Map

16.40.100 Certificate of Correction

16.40.110 Effect of Annexation on Maps

16.40.010 General
The form, contents, accompanying data, and filing of the final map or parcel map shall conform to the provisions of the Map Act, this Title, and applicable standards imposed by the County of Riverside for maps filed with the Office of the County Recorder. The final map or parcel map and any accompanying data or additional information shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor authorized to practice in the state of California. The provisions of this chapter comply with the requirements of Government Code Section 66410 et seq.

16.40.020 Accompanying Data and Additional Information
The filing of accompanying data and additional information shall be required with the filing of the final tract map or parcel map, in accordance with Chapter 16.40.050 (Complete and Timely Filing).

16.40.030 Survey and Monuments Required
A. An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor authorized to practice land surveying by the State of California, pursuant to the requirements of the City Engineer. All information required by City standards shall be incorporated into the survey.

B. At the time of making the survey for the final map or parcel map, or within 2 years from the complete and timely filing of the final map or parcel map, whichever

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Packet Pg. 1041 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 41 Title 16 – Subdivisions Draft October 2022
occurs first, the civil engineer or surveyor shall set sufficient durable monuments to conform with the standards of the Map Act and City standards.

C. The City Engineer may waive the requirements in subsections A and B of this section for parcel maps at his or her discretion.

16.40.040 Submission and Review
Final map and parcel map submittal and review procedures shall be pursuant to this chapter and applicable City standards. The City Engineer shall review all final map and parcel map submittals for conformance with the provisions of this Title and may deem them incomplete and return all or portions of a submission for reasons including but not limited to the following: incomplete submission or filing; untimely submission or filing; nonconformance with the tentative map; nonconformance with the conditions of approval applied to the tentative map; nonconformance with this Title; nonconformance with City standards; or errors or omissions on the final map or parcel map, on any accompanying data, or on any additional information.

16.40.050 Complete and Timely Filing
A. Prior to the expiration of an approved or conditionally-approved tentative map, the subdivider may file with the City a final map of the land to be subdivided. The subdivider may file multiple or phased final maps with the City provided that either of the following has occurred:

1. The subdivider, upon submittal of the tentative map, informed the City of his or her intent to file multiple or phased final maps; or

2. After filing of the tentative map, the City Engineer concurs in writing to a written request from the subdivider to allow the filing of multiple or phased final maps.

Nothing in this section shall limit the authority of the City to impose reasonable conditions related to access, dedications, improvements, or fees on each final map so submitted.

B. If the subdivider did not inform the City of his or her intent to file multiple or phased final maps upon submittal of the tentative map and the City Engineer does not concur in writing to a written request from the subdivider to allow the filing of multiple or phased final maps, an approved or conditionally approved tentative map must be resubmitted for review and approval in accordance with the provisions of Chapter 16.20 (Tentative Maps).

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Packet Pg. 1042 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 42 Title 16 – Subdivisions Draft October 2022
C. The City Engineer shall determine that a complete and timely final map filing has been made if he or she determines that, at a minimum, the following items have been received, prior to the expiration of the tentative map:

1. Improvement plans.

2. Complete and accepted public improvements or acceptable subdivision improvement agreement(s) and securities.

3. Proof of payment of all applicable fees.

4. Will-serve letters from all applicable utilities and agencies.

5. Noninterference letters from all applicable easement or title interest holders.

6. Original and copies of all sheets of the final map in their required form and content.

7. Proof of ownership of all affected properties. Title reports not older than 30 days from the scheduled filing for recordation of the final map shall be provided to confirm ownership, easements and other information that may affect the recordation of the final map.

8. Subdivision guarantee from a title company, less than 60 days old.

9. Letter from all affected property owners requesting approval of the final map.

10. Small-scale map of the proposed subdivision.

11. Written clearance from all affected City departments.

12. Written clearance from all affected public agencies.

13. All applicable agreements or documents to be approved by the City Council or filed or recorded concurrently with the map, including CC&Rs.

14. Proof that all additional requirements of Chapter 16.20 (Tentative Maps) and Chapter 16.25 (Vesting Tentative Maps) have been satisfied.

15. The City’s Park dedication requirements of Chapter 16.75 (Parkland Dedication and Fees) have been satisfied.

16. Establish a funding mechanism for public improvements, landscaping, lighting, streets, police protection, fire protection and parks.

17. Other items as may be required by the City upon filing.

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Packet Pg. 1043 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 43 Title 16 – Subdivisions Draft October 2022
D. Upon finding all statements and submissions complete and satisfactory in accordance with this section, the City Engineer shall sign the appropriate statements, in accordance with Government Code Section 66442(a)(1) through (4), after which the subdivider shall request the final map be placed on the next available regular agenda for City Council action. The original map, and any other items requiring City Council approval, shall be transmitted to the City Clerk, with a recommendation of map approval.

16.40.060 Final Map / Parcel Map Approval
A. The date the final map or parcel map is deemed filed with the City Council shall be the date of the next regularly scheduled meeting of the City Council following the date on which the City Clerk receives the recommendation for map approval from the City Engineer. The City Council shall consider approval of the subdivision improvement agreement and improvement security and any other required agreements in conjunction with the approval of the map. If any of the items requiring City Council approval are deemed unacceptable by the Council, the City Council shall instruct the City Engineer to secure corrections, according to their direction.

B. The City Council shall approve or disapprove the subdivision improvement agreement, improvement security, and final map or parcel map at the meeting at which it receives the map or at the next regular meeting following the meeting at which it received the map.

C. The City Council shall not postpone or refuse approval of a final map or parcel map because the subdivider has failed to meet a tentative map condition requiring construction or installation of off- site improvements on land which neither the subdivider nor the City has sufficient title or interest to permit the improvements to be made. However, in such case, prior to final map or parcel map approval, the subdivider shall be required to enter into an agreement with the City to complete such improvements pursuant to Government Code Section 66462 upon acquisition of such title and interest by the City. Upon entering into such agreement, the City shall acquire the subject property interest in accordance with the provisions of Government Code Section 66462.5. Failure of the subdivider to execute such an agreement shall be cause by the City Council to refuse approval of the final map or parcel map.

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Packet Pg. 1044 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 44 Title 16 – Subdivisions Draft October 2022

16.40.070 Limitation on Map Denial
The City Council shall not deny approval of a final map or parcel map if the City has previously approved a tentative map for the proposed subdivision and if the City Council finds that the final map or parcel map is in compliance with the requirements of the Map Act, this Title, and the approved tentative map.

16.40.080 Filing with the Office of the County Recorder A. Upon Approval Authority approval of the final map or parcel map and subdivision improvement agreement, the City Clerk shall execute the appropriate statement on the statement sheet and shall, subject to the provisions of Government Code Section 66464, transmit the map, or cause the City Engineer to transmit the map, to the County of Riverside Recorder’s Office for filing. The final map or parcel map and any separate documents (if required) shall be filed concurrently.

B. If, for any cause of the subdivider, the final map or parcel map is not recorded by the Riverside County Recorder’s Office within 180 days from the date the Approval Authority approved the final or parcel map, then the Approval Authority’s approval of the final map or parcel map shall be automatically rescinded, and all bonds or sureties will be returned to the subdivider. If the tentative map has expired, the unit of land previously affected by the final map or parcel map will automatically revert to its pre-map configuration. If the tentative map has not yet expired, the tentative map will be considered in effect, except that such action shall not alter the expiration date of the tentative map.

16.40.090 Waiver of Parcel Map
A. Applicability. The City Engineer is authorized to waive parcel maps without City Council approval for:

1. Subdivisions resulting in four or fewer residential lots;

2. Commercial or industrial subdivisions as described in Government Code Section 66426 that comply with the requirements of this section.

B. Written Request for Waiver. A written request for such a waiver should be submitted to the Director at the time of tentative map application.

C. Findings for Approval. No waiver to the requirement for processing a parcel map shall be approved unless the City Engineer finds that all of the following findings are made:

1. No dedications, easements, restrictions, or fee title is being granted to the City or any other public agency as a function of the parcel map;

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Packet Pg. 1045 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 45 Title 16 – Subdivisions Draft October 2022

2. No public improvements are required as part of the subdivision;

3. No agreements involving the City, CC&Rs, or maintenance entities are required as part of the conditions of approval of the parcel map;

4. All parcels created front on existing maintained public roads improved in accordance with current City standards;

5. All parcels created are serviced by sanitary sewer facilities in accordance with current City standards;

6. Adequate water supply is available to all parcels;

7. The proposed land division will not have an adverse impact on existing drainage facilities;

8. No mitigation measures are required as part of the conditions of approval of the parcel map;

9. It has been determined to the satisfaction of the City Engineer that sufficient monumentation of the parcels exists so as not to justify an additional land survey.

D. Conditions of Approval. A parcel map waiver may be conditioned to provide for payment of applicable fees by the subdivider.

E. Timeframe for Action. The parcel map waiver request shall be approved, conditionally approved, or denied within the time frames established by Government Code Section 66451.7.

F. Filing with the Recorder and Distribution of Copies. Upon approval of a parcel map waiver pursuant to this section, the City Engineer shall:

1. File with the Office of the County Recorder a certificate of compliance, or conditional certificate of compliance, for the land to be divided and a plat map, showing the division. The certificate shall include a certificate by the County Tax Collector in accordance with Article 8 of Chapter 4 of the Subdivision Map Act.

2. Distribute copies of the certificate of compliance and waiver of the parcel map to the Department.

G. Appeals. Actions by the City Engineer approving or denying parcel map waivers may be appealed to the Planning Commission under the provisions of Section

17.715 (Appeals).

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Packet Pg. 1046 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 46 Title 16 – Subdivisions Draft October 2022

16.40.100 Certificate of Correction
A. After a final map or parcel map is filed in the Office of the County Recorder, it may be amended by a certificate of correction for any of the following purposes:

1. To correct an error in any course or distance shown on the map.

2. To show any course or distance that was omitted from the map.

3. To correct an error in the description of the real property shown on the map.

4. To indicate monuments set after the death, disability, retirement from practice, or replacement of the engineer or surveyor charged with responsibilities for setting monuments.

5. To show the proper location or character of any monument that has been changed in location or character, or originally was shown at the wrong location or incorrectly as to its character.

6. To correct any other type of map error or omission as approved by the City Engineer that does not affect any property right. Errors and omissions may include, but are not limited to, lot numbers, acreage, street names, and identification of adjacent record maps. Error does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final map or parcel map.

B. Form and Content of Correction. The certificate of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor. The form and contents of the amending map shall conform to the requirements of Chapters 16.20 (Tentative Maps) and 16.40 (Final Maps and Parcel Maps). The certificate of correction shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction.

C. Submittal and Approval. The certificate of correction, complete as to final form, shall be submitted to the City Engineer for review and approval. The City Engineer shall examine the certificate of correction and if the only changes made are those set forth in Subsection 16.40.100.B, this fact shall be certified by the City Engineer on the certificate of correction.

D. Filing with the County Recorder. The certificate of correction certified by the City Engineer shall be filed or recorded in the Office of the County Recorder.

16.40.110 Effect of Annexation on Maps
When any area for which the Riverside County Board of Supervisors has approved a final map is annexed to the City of San Jacinto, the final map and agreements relating to the subdivision shall continue to govern the subdivision.

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Packet Pg. 1047 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 47 Title 16 – Subdivisions Draft October 2022

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Packet Pg. 1048 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 48 Title 16 – Subdivisions Draft October 2022
CHAPTER 16.45: CERTIFICATES OF COMPLIANCE

SECTIONS

16.45.010 Purpose

16.45.020 Applicability

16.45.030 Application and Required Fees

16.45.040 Approving Authority

16.45.050 Criteria for Issuance

16.45.060 Filing of Certificate of Compliance

16.45.010 Purpose
Certificates of compliance provide a means for conferring legal status to parcels of land that were not created by legal means or for confirming the legal status of parcels of land that were created by legal means. The provisions of this Chapter comply with the requirements of Government Code Section 66499.35.

16.45.020 Applicability
This Chapter applies to parcels of land for which there is no final map, parcel map, official map, or approved certificate of exception that would otherwise establish legal status for the parcels.

16.45.030 Application and Required Fees
Requests for certificates of compliance shall be submitted to the Engineering Department on an approved City application form and shall be accompanied by all the required application materials and applicable fees.

16.45.040 Approving Authority
The designated approval authority as specified in Section 16.05.020 (Responsibilities and Authorities) shall review the application and shall issue a certificate of compliance or a conditional certificate of compliance or deny issuance of a certificate of compliance or a conditional certificate of compliance.

16.45.050 Criteria for Issuance
In making a determination of issuance, the approval authority shall use the following criteria:

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Packet Pg. 1049 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 49 Title 16 – Subdivisions Draft October 2022
A. A certificate of compliance shall be issued for any parcel created prior to March 4, 1972, that meets the following criteria:

1. The parcel resulted from a division of the land in which fewer than five parcels were created; and

2. No record of survey has been processed and recorded for the parcel; and

3. At the time of creation of parcels, there was no local ordinance regulating the division of land.

B. A certificate of compliance shall be issued for any real property that has been approved for development pursuant to Government Code Section 66499.34.

C. A certificate of compliance or a conditional certificate of compliance shall be issued for any parcel which does not, or at the time of creation did not, comply with the provision of state or local ordinances regulating the division of land. A conditional certificate of compliance may include the following conditions:

1. If the subdivider was not the owner of record at the time of the initial land division, the conditional certificate of compliance may impose conditions which would have been applicable to a division of land on the date the subdivider acquired the property.

2. If the subdivider was the owner of record at the time of the initial land division and currently owns one or more of the parcels involved in the land division, the conditional certificate of compliance may impose conditions which would be applicable to a current division of land.

D. A certificate of compliance may be issued for divisions of real property or interests therein created by probate, partition, or other civil judgments or decrees, when the division is not otherwise required to comply with other provisions of this Title.

16.45.060 Filing of Certificate of Compliance
The City shall file the completed certificate of compliance or conditional certificate of compliance with the Riverside County Recorder’s Office.

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Packet Pg. 1050 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 50 Title 16 – Subdivisions Draft October 2022
CHAPTER 16.50: LOT LINE ADJUSTMENTS

SECTIONS

16.50.010 Purpose

16.50.020 Applicability

16.50.030 Application and Required Fees

16.50.040 Approving Authority

16.50.050 Processing Procedures

16.50.060 Findings for Approval

16.50.070 Prohibited Conditions

16.50.010 Purpose
This chapter establishes procedures for adjusting the boundary lines between parcels when no new parcels are created. The provisions of this chapter comply with the requirements of Government Code Section 66412(d).

16.50.020 Applicability
Lot line adjustments may be used to reconfigure the sizes and/or shapes of between two and four adjoining lots, inclusive. If more than four lots are involved in a lot line adjustment, a tentative map shall be filing.

16.50.030 Application and Required Fees
Requests for lot line adjustments shall be submitted to the Engineering Department on an approved City application form and shall be accompanied by all the required application materials and applicable fees.

16.50.040 Approving Authority
The designated approval authority as specified in Section 16.05.020 (Responsibilities and Authorities) is authorized to approve or deny applications for a Lot Line Adjustment.

16.50.050 Processing Procedures
A. Once a verified complete application, and fees have been accepted for processing, the City Engineer shall distribute the lot line adjustment application for review and comment to appropriate departments or agencies.

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Packet Pg. 1051 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 51 Title 16 – Subdivisions Draft October 2022
B. If the lot line adjustment will result in the location, relocation, establishment, reestablishment, or retracement of one or more points or lines not shown on any subdivision map, official map, or record of survey, the positions of which are not ascertainable from an inspection of the subdivision map, official map, or record of survey, a new record of survey shall be required, in accordance with Business and Professions Code Section 8762 and filed with the County. The processing of the record of survey shall be subject to applicable separate fees and can be processed concurrently with the lot line adjustment application.

C. The applicant shall provide the City with new grant deeds reflecting the approved lot line adjustment.

D. The City shall review and approve the new grant deeds and, shall record the deeds immediately upon approval of the lot line adjustment but no later than six months from the date of approval. The City shall provide copies to the applicant.

16.50.060 Findings for Approval
Prior to approving an application for a Lot Line Adjustment, the approving authority shall make all the following findings:

A. All original lots involved were legally created or are conforming lots.

B. The adjustment does not create a greater number of parcels than originally existed; the adjustment does not delete any parcels.

C. The resulting lot(s) conform with the City’s General Plan, Development Code, and adopted building codes.

D. The adjustment either:

1. Does not cause existing uses of the property to be out of compliance with any provisions of the Municipal Code.

2. In the event of an existing non-conforming development or parcel, the adjustment does not increase the degree of non-conformity.

16.50.070 Prohibited Conditions
A. A record of survey shall not be required for a lot line adjustment unless required by Section 8762 of the California Business and Professions Code.

B. No tentative map, parcel map, or final tract map shall be required as a condition to the approval of a lot line adjustment.

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Packet Pg. 1052 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 52 Title 16 – Subdivisions Draft October 2022
CHAPTER 16.55: LOT MERGER

SECTIONS

16.55.010 Purpose

16.55.020 Applicability

16.55.030 Approving Authority

16.55.040 Processing Procedures

16.55.050 Mandatory Merger Requirements

16.55.060 City-Initiated Merger

16.55.070 Effective Date of Merger

16.55.080 Unmerged Parcels

16.55.010 Purpose
The purpose of this chapter is to provide procedures by which the City may require the merger of contiguous parcels under common ownership and for the City to consider an application to voluntarily merge contiguous parcels. The provisions of this chapter comply with Government Code Section 66451.11 and with the provisions of Government Code Sections 66451.10 through 66451.21 inclusive, which provides the City with authority for the merger of contiguous parcels.

16.55.020 Applicability
A. By the Owners. A property owner may submit an application to the City Engineer to merge parcels under common ownership.

B. By the City. The City Engineer may initiate the merger of up to four contiguous parcels meeting the requirements of Section 16.55.050 (Merger Requirements). The City Engineer, Director, Planning Commission, or City Council may require the owner of any contiguous parcel to merge any or all contiguous parcels in conjunction with the approval of any entitlement required by Title 17 (Development Code) of the San Jacinto Municipal Code.

16.55.030 Approving Authority
The designated approval authority as specified in Section 16.05.020 (Responsibility and Authorities) is authorized to approve or deny applications for a Lot Merger.

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Packet Pg. 1053 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 53 Title 16 – Subdivisions Draft October 2022

16.55.040 Processing Procedures
Once a verified complete application, and fees have been accepted for processing, the City Engineer shall distribute the lot merger application for review and comment to appropriate departments or agencies.

16.55.050 Mandatory Merger Requirements
The voluntary merger of a parcel with a contiguous parcel(s) may only occur if all the following requirements are satisfied:

A. Any contiguous parcels are held by the same owner or owners.

B. That at least one of the affected parcels is undeveloped and does not contain a structure for which a Building Permit was issued or contains a structure for which a Building Permit was not required at the time of construction or is developed only with an accessory structure or other structure which is sited or partially sited on a contiguous parcel.

C. That one or more of the following conditions applies to any affected parcel:

1. At least one of the parcels involved comprises of less than 5,000 square feet in area at the time of the determination of merger.

2. The parcel was not legally created in compliance with all applicable laws and ordinances in effect at the time of its establishment.

3. The parcel does not meet slope stability standards.

4. The parcel does not meet current standards for sewage disposal and domestic water supply.

5. The parcel has no legal access which is adequate for motor vehicles or safety equipment.

6. The development of the parcel would create health and safety hazards.

7. The parcel is inconsistent with the City’s General Plan, any approved specific plan, or the provisions of the City’s Development Code.

8. A lot line passes through a structure within a development project that has been approved pursuant to the Development Code.

D. That the parcels when merged will not:

1. Be inconsistent with or create a conflict with the City Development Code or General Plan or any approved specific plan;

2. Create a conflict with the location of any existing structures;

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Packet Pg. 1054 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 54 Title 16 – Subdivisions Draft October 2022

3. Deprive a parcel of access or restrict access to a parcel;

4. Creates a lot with an easement that bifurcates the parcel; or

5. Create new lot lines.

16.55.060 City-Initiated Merger
A. Prior to merging any contiguous parcels, the City Engineer shall, by certified mail to the record property owner(s) at the address shown on the latest available assessment roll of the County of Riverside, mail a notice of intent to merge which notifies the owner(s) that the affected parcels may be merged pursuant to the provisions of this section. The notice shall include the statement that the owner(s) will be given the opportunity to request a hearing and to present evidence that the proposed contiguous parcel merger does not meet the criteria for a merger. For the purpose of this Title, a property owner is any person holding any portion of the title for any involved property.

B. The notice of intent to merge shall be recorded with the Riverside County Recorder on the date that the notice is given to all property owner(s) of record.

C. Within 30 days of the recordation of the notice of intent to merge, the owner(s) of the affected property must file a request for a hearing regarding the proposed merger with the Department.

1. If the owner of the affected property does not file a request for a hearing within the 30-day time period specified above, the City Engineer shall, within 90 days of the recordation of the notice of intent to merge, determine whether or not to merge the contiguous parcels. To merge contiguous parcels, the City Engineer shall make the following findings:
i. The merged parcel complies with the appropriate provisions of the Map Act and all applicable City requirements for the merging of contiguous parcels.
ii. The merged parcel does not adversely affect the purpose and intent of the City’s General Plan or the public health, safety, and welfare.

2. If the owner of the affected property requests a hearing on the merger, the Planning Commission shall, after a hearing, make the determination whether the affected parcels are or are not to be merged.

D. The Director shall set a time, date, and location for the hearing upon receiving a request for a hearing from the property owner of the affected property or on the 31st day following the recordation of the notice of intent to merge. The hearing shall be conducted within 60 days following the receipt of the owner’s request but may be continued by the mutual consent of the Planning Commission and the property

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Packet Pg. 1055 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 55 Title 16 – Subdivisions Draft October 2022
owner. Notice of the hearing shall be given to the property owner(s) by certified mail.

E. At the hearing, the property owner shall be given the opportunity to present evidence that the affected property does not meet the merger requirements set forth in Section 16.55.050 (Merger Requirements). At the conclusion of the hearing, the Planning Commission shall make a determination as to whether the affected parcels are to be merged. To merge contiguous parcels, the Planning Commission shall make the following findings:

1. The merged parcel complies with the appropriate provisions of the Map Act and all applicable City requirements for the merging of contiguous parcels.

2. The merged parcel does not adversely affect the purpose and intent of the City’s General Plan or the public health, safety, and welfare.

F. If the Planning Commission determines that the subject parcels are to be merged, the Commission shall cause the notice of merger to be recorded set forth in Government Code Section 66451.12. If notification cannot be made at the time of the hearing to the parcel owner in person, notification shall be made by certified mail.

The Director shall notify the owner of the Planning Commission’s determination no later than 5 working days after the conclusion of the hearing.

G. An appeal of the Planning Commission’s determination to merge continuous parcels to the City Council shall be made in accordance with the appeal provisions contained in Section 17.715 (Appeals) of the Development Code H. If the Planning Commission determines that the parcels should not be merged, the Commission shall instruct the City Engineer to record a notice of release of the notification of intent to merge and mail a copy of the release to the property owner.

16.55.070 Effective Date of Merger
The merger of any contiguous parcels shall become effective upon recordation of the notice of merger with the Riverside County Recorder. The notice of merger shall specify the date of the City Engineer’s determination, or that of the Planning Commission or the City Council as may be the case, the names of the record owners, and a legal description of the properties as merged.

16.55.080 Unmerged Parcels
A property owner may apply to the City for a determination that any parcels or units of land for which a notice of merger had not been recorded on or before January 1, 1984 are deemed not to have been merged under Government Code Section 66451.30. If the City Engineer determines that the parcels meet the standards specified in Section 66451.30, the

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Packet Pg. 1056 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 56 Title 16 – Subdivisions Draft October 2022
City shall issue to the owner, and record with the County Recorder, a notice of the status of the parcels and a declaration that the parcels are not merged.

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Packet Pg. 1057 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 57 Title 16 – Subdivisions Draft October 2022
CHAPTER 16.60: REVERSION TO ACREAGE

SECTIONS

16.60.010 Purpose

16.60.020 Initiation of Proceedings

16.60.030 Filing of Reversion to Acreage

16.60.040 Submittal of Petition to City Engineer

16.60.050 City Council Approval

16.60.060 Filing with the County Recorder

16.60.010 Purpose
Property subdivided by parcel map or final map may be reverted to acreage pursuant to the provisions of Government Code Section 66499.11 et seq. and this chapter.

16.60.020 Initiation of Proceedings
A. By the Owners. Proceedings to revert subdivided property to acreage may be initiated by petition (in a form prescribed by the City Engineer) of all the owners of record of the property.

B. By the City Council. The City Council may, by resolution, initiate proceedings to revert property to acreage. The City Council shall direct the City Engineer to obtain the necessary information to initiate and conduct the proceedings and to notify all property owners affected.

16.60.030 Filing of Reversion to Acreage
A. Requests for petition shall be filed with the Engineering Department on an approved City application form and pay the necessary processing fee.

B. The application shall contain, but not be limited to, the following:

1. Evidence of title to the real property.

2. Evidence of the consent of all of the owners of an interest in the property.

3. Evidence that none of the improvements required to be made has been made within 2 years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later.

4. Evidence that no lots shown on the final or parcel map have been sold within 5 years from the date such final or parcel map was filed for record.

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Packet Pg. 1058 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 58 Title 16 – Subdivisions Draft October 2022

5. A final map or parcel map, in the form prescribed by Chapter 16.40 (Finals Maps and Parcel Maps) delineating dedications that will not be vacated, and dedications required as a condition to reversion. Final maps or parcel maps shall be conspicuously designated with the title, “The Purpose of This Map is a Reversion to Acreage.”

16.60.040 Submittal of Petition to City Engineer
The final map or parcel map for the reversion, together with all other data as required by this chapter, shall be submitted to the City Engineer for review. Upon finding that the petition meets all the requirements of the Map Act and this chapter, the City Engineer shall submit the final map or parcel map, together with a report and recommendations of approval or conditional approval of the reversion to acreage, to the City Council for its consideration.

16.60.050 City Council Approval
A. The City Council shall hold a public hearing for all proposed reversions to acreage.

Notice of the public hearing shall be given as provided in the San Jacinto Development Code, Section 17.710.

B. The City Council may approve a reversion to acreage only if it finds and records by resolution all of the following:

1. Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes.

2. At least one of the following:
i. All owners of an interest in the real property within the subdivision have consented to reversion; or
ii. None of the improvements required to be made has been made within 2 years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or
iii. No lots shown on the final or parcel map or portion thereof have been sold within 5 years of the date such map was filed for record.

C. The City Council may require as conditions of the reversion:

1. That owners dedicate or offer to dedicate streets, public rights-of-way, or easements, including easements or fee interest for flood control facilities;

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Packet Pg. 1059 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 59 Title 16 – Subdivisions Draft October 2022

2. That all or a portion of previously paid subdivision fees, deposits, or improvement securities be retained if the same are necessary to accomplish any of the purposes for provisions of this article; or

3. Such other conditions of reversion as are necessary to accomplish the purposes or provisions of this chapter or to protect the public health, safety, or welfare.

16.60.060 Filing with the County Recorder
Upon approval of the reversion to acreage, the City Clerk shall transmit the final map or parcel map to the Riverside County Recorder for recordation. Reversion shall be effective upon the final map or parcel map being filed for record by the County Recorder. Upon filing, all dedications and offers of dedication not shown on the final map or parcel map for reversion shall be of no further force or effect.

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Packet Pg. 1060 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 60 Title 16 – Subdivisions Draft October 2022
CHAPTER 16.65: DESIGN STANDARDS

SECTIONS

16.65.010 Purpose

16.65.020 Applicability

16.65.030 Street and Lot Layout Requirements

16.65.040 Lots

16.65.050 Access to Lots

16.65.060 Energy Conservation

16.65.070 Deviation of Standards

16.65.010 Purpose
The purpose of this chapter is to establish design standards for subdivisions in accordance with the allowances of the Subdivision Map Act.

16.65.020 Applicability
The provisions of this chapter shall apply to all subdivisions of land, unless specifically stated otherwise in the Subdivision Map Act.

16.65.030 Street and Lot Layout Requirements
A. The widths, alignments, and geometric designs of streets and highway shall conform to City standards and to the following requirements, unless otherwise specified in State or federal standards and requirements:

1. All streets, as far as practicable, shall relate to the alignment of the existing adjacent streets or their proper projection in the general conformity with the City’s General Plan and utilize the standards and design criteria of Caltrans Highway Design Manual, County of Riverside Transportation Department Ordinance 461 and ADA, as depicted and directed by the City engineer.

2. The proposed street plan shall give consideration to the future division of adjoining and undivided property.

3. All streets shall be designed to serve the proposed use of the abutting land.

4. On part-width boundary streets abutting undivided land, the subdivider shall provide the prescribed half-width street and shall acquire additional dedications as necessary. The minimum overall required right-of-way shall be determined by the City Engineer based on the applicable road

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Packet Pg. 1061 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 61 Title 16 – Subdivisions Draft October 2022
classification, traffic study, safety study, or other information that is available in making this determination.

5. Additional right-of-way or easements shall be provided where necessary to accommodate roadway slopes, drainage facilities, trails, transit facilities, and other facilities related to land division improvements.

B. Street improvements fronting a proposed development shall extend a minimum of 12 feet past the centerline unless determined otherwise by the City Engineer.

C. Special Street Design.

1. Design of streets shall make provisions as necessary for railroads, parkways, grade separations, prevailing geological conditions, local drainage facilities, hillside property, water quality, pedestrian mobility, and equestrian trails.

2. Cul-de-sacs.
i. A cul-de-sac should not serve more than 25 lots, nor should it exceed 600 feet in length measured from the centerline of the intersection street to the center of the turnaround, except that a greater length may be permitted if warranted due to topographic or other specific conditions and if approved by the City Engineer and Fire Department. ii. Cul-de-sacs and knuckles shall be constructed in accordance with city standard plans and specifications. All lots fronting on a cul-de-sac, a knuckle, or a curved street shall be designed to meet City standards. iii. A cul-de-sac that does not meet the requirements of this section shall not be constructed, unless a Deviation (16.65.070 Deviation of Standards) has been granted by the Approval Authority.

3. Other than as provided in this section, no dead-end streets shall be allowed.

A dead-end street shall not exceed 600 feet in length and shall only be permitted as an interim condition to facilitate phased construction of a final map based on an approved or conditionally approved tentative map upon approval of the City Engineer. The Fire Department shall review and comment on all requests for dead-end streets.

4. The approving authority may require greater street widths and improvements on streets serving multifamily residential, commercial, or industrial divisions of land.

5. Where a proposed subdivision abuts or contains an existing or proposed Limited Access Highway or Arterial, the approving authority may require frontage streets or reverse frontage with non- access easements along the Limited Access Highway or Arterial, or such other treatment as may be justified for the protection of residential properties from the nuisance and

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Packet Pg. 1062 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 62 Title 16 – Subdivisions Draft October 2022
hazard of high-volume traffic and to preserve the function of the Limited Access Highway or Arterial road.

6. Developments adjacent to existing frontage streets, as determined by the City, shall provide full street improvements unless determined otherwise by the City Engineer.

D. Private streets may be used for only those streets serving property within the subdivision and which access by the public is controlled by the subdivision design by either posting or gating. Private streets may be used with the approval and consent of the Approval Authority when the Approval Authority finds that:

1. There is adequate provision for their construction and continued maintenance.

2. The welfare of the occupants of the development will be adequately served.

3. The public welfare will not be impaired.

E. The grades of highways, streets, and alleys shall not be less than one percent and shall not exceed the grades established on approved City standard. The desirable grades are between one percent and six percent. Grades of less than one percent and greater than the maximum established by approved City standard may be approved only when a Deviation is granted by the Approval Authority and makes the additional findings:

1. There is conclusive evidence that a lesser or steeper grade respectively is impractical; and,

2. No adverse effects such as excessive ponding will occur as a result.

3. The high cost of excavating and/or importing borrow fill material, making the development of a particular parcel of ground uneconomical, shall not be considered as conclusive evidence nor valid justification for a departure from the established minimum or maximum grade.

F. Street Alignment.

1. The minimum centerline radius shall be compatible with the street classification, anticipated usage, speed, and shall be designed in accordance with the California Department of Transportation Highway Design Manual.

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Packet Pg. 1063 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 63 Title 16 – Subdivisions Draft October 2022
G. Intersections.

1. All street intersections shall be at 90 degrees measured at the intersection of the centerlines, unless otherwise approved by the City Engineer.

2. Local Streets. Street-to-street centerline offsets shall be less than 5 feet or more than 200 feet, except in special design cases and as approved by the City Engineer.

3. Collector Streets. Street-to-street centerline offsets shall be less than 5 feet or more than 200 feet, except in special design cases and as approved by the City Engineer.

4. Major and Arterial Streets. Street-to-street centerline offsets shall be less than 5 feet or more than 1200 feet, except in special design cases and as approved by the City Engineer.

5. Limited Access Hightway. Street-to-street centerline offsets shall be less than 5 feet or more than 2400 feet, except in special design cases and as approved by the City Engineer.

6. A minimum curb return radius of 25 feet shall be provided at intersecting streets designated as General Local roads or a lesser standard unless determined otherwise by the City Engineer. A minimum curb return radius of 35 feet shall be provided when one or both of the intersecting streets is designated as a Collector road or greater unless determined otherwise by the City Engineer. The property line return radius shall be so set as to maintain a uniform parkway width or provide a uniform transition into the intersecting parkway. The property line radius shall be designed so as not to reduce the parkway width below the City standard.

7. Median openings or crossovers between opposing lanes of a divided highway or street shall be located only at approved intersections at intervals of not less than 500 feet unless determined otherwise by the City Engineer.

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Packet Pg. 1064 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 64 Title 16 – Subdivisions Draft October 2022
H. Alleys.

1. Alleys shall be required in the rear of all lots used or intended to be used for business, commercial, or industrial uses, unless adequate off-street parking areas and service loading and unloading areas to serve such properties are securely reserved for such use and are shown upon the map and approved by the City in the manner set forth in this Title.

2. Alleys shall be required in the rear of all lots fronting directly on a street designated as a Collector roadway or greater unless determined through site plan review procedure that the requirement for alleys does not exist.

3. The minimum paved width for alleys shall be 25 feet, unless determined otherwise by the City Engineer.

4. A minimum curb return radius of 15 feet shall be provided at the alley and intersecting street.

5. Where a dead-end alley is designed, an adequate turning area shall be provided to accommodate a truck having a 35-foot turning radius. The radius shall be such that the truck is able to turn around with only one backing movement. This turnaround shall be eliminated only under the circumstances of a previously adopted specific plan of record providing for the alley extension. All turning areas shall be reviewed and approved by the Fire Department.

16.65.040 Lots
A. All lots created in a division of land shall conform to the minimum requirements of the Development Code and the General Plan as adopted by the City for the particular zone district, use, and classification in which the development is being constructed.

B. Lot Sizes.

1. All lots shall meet the area, frontage, width, depth, and building setback requirements of the zone district within which the lots are located, unless otherwise permitted through the provisions of Title 17; provided, however, that in its consideration of any land division, the approving authority may determine that a greater than minimum lot size is necessary:
i. For the proper protection of the public health, safety, and general welfare;
ii. To be consistent with the general pattern established in the vicinity; iii. To maintain the value of property in the vicinity; or

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Packet Pg. 1065 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 65 Title 16 – Subdivisions Draft October 2022
iv. To provide sufficient pad area for buildings and usable open space.

2. When lots or parcels twice the required area or width or more are shown on a division of land, the approving authority may require such lots or parcels to be so established as to make practical a further division into allowable building sites, without injury to adjoining property.

3. Lot sizes and arrangement shall be compatible with lots in the surrounding area, subject to the preceding two provisions.

C. Side Lot Lines.

1. Sidelines of lots shall be at approximately right angles to the street lines, except where terrain or street design makes such lot lines impractical.

2. Side and rear lot lines shall be located along the top of slopes instead of at the toe of slopes or at intermediate locations. Exceptions may be reviewed and approved by the Approval Authority.

D. Lot Frontage.

1. All lots shall have frontage upon a public or private street, which shall be open to and usable by vehicular traffic. The width of such streets shall be determined in accordance with this Title.

2. Double frontage lots shall be avoided, except where essential to provide separation of residential development from traffic arteries, or where required by unusual or excessive topographic conditions. When double frontage lots are permitted, access rights shall be dedicated to the City along the street designated by the approving authority.

E. Wherever practicable, subdivisions of property abutting rights-of-way for freeways, expressways, railroads, transmission lines, and flood control channels shall be so designed as to create lots that back up to the rights-of-way or are separated from the rights-of-way by a street or frontage street, as applicable.

F. No lot shall be divided by a city, county, school district, or other taxing agency boundary line.

G. Blocks.

1. Blocks shall not be less than 250 feet in length.

2. Blocks shall not be over 1,350 feet in length, except along major highways or where topographical conditions or previous highway or street layouts require a different length.

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Packet Pg. 1066 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 66 Title 16 – Subdivisions Draft October 2022

16.65.050 Access to Lots
A. Any land division shall provide vehicular access to all homes within a land division for purposes of police and fire protection. The layout of the tract shall be such that blocks of thirty-five or more homes shall have access by two or more streets.

B. Flag Lots. Access for lots not fronting on a public street (flag lots) are discouraged and should be avoided. When a land division is proposed to create any lot(s) other than one(s) fronting directly on a public street or highway, access shall be provided of a width not less than as specified below as being the minimum width necessary to serve the maximum number of lots.

1. Minimum Access Width per Potential Number of Lots. Minimum access widths shall be provided in accordance with Table 16.65.050-1.

Table 16.65.050-1: Minimum Access Widths
Maximum Number of
Potential Lots Minimum Access Width (feet) Maximum Ultimate Access Length (feet) One 24 150
Two to four 40 150

2. Access Surfacing. Prior to final inspection for occupancy of any building or structure relocated, erected, or constructed on any lot not fronting directly on a public street or highway, the full length of any required access shall be improved with concrete or asphaltic concrete surfacing, in accordance with City engineering standards and requirements, at a width of not less than 24 feet.

3. When one or more flag lots are adjacent to one another, the access shall be shared between the lots to limit the number of driveways and driveway approaches at the street.

4. Where access is shared between more than one lot, the subdivider shall record a cross lot access and maintenance agreement that defines and assumes all maintenance responsibility for access area.

16.65.060 Energy Conservation
The design of a subdivision shall be in conformance with Government Code Section 66473.1, with respect to passive or natural heating or cooling opportunities in the subdivision, and with the requirements of California Code of Regulations of Title 24.

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Packet Pg. 1067 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 67 Title 16 – Subdivisions Draft October 2022

16.65.070 Deviation of Standards
The deviation from the design standards of this title may be granted pursuant to the procedures set forth in this chapter. The approving or appeal authority shall consider deviation requests made in writing to the City at the same time as the map or permit is considered. The deviations may be granted subject to prescribed conditions, provided that the approving or appeal authority shall make the following findings:

A. That the property is of such size or shape, or is affected by such topographic conditions, or that there are such special circumstances or conditions affecting the property that it is impossible, impractical or undesirable for the petitioner to fully conform with the regulations prescribed by this title, and required conformance would result in undue hardship;
B. That the modification is necessary for the preservation and enjoyment of a substantial property right of the petitioner;
C. That the modification will not be detrimental to the public health, safety or welfare, or be injurious to other properties in the vicinity;
D. That granting the modification is in accordance with the purposes set forth in this title;
E. That granting the modification is not contrary to the objectives of the Development Code set forth in Title 17 or the General Plan.

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Packet Pg. 1068 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 68 Title 16 – Subdivisions Draft October 2022
CHAPTER 16.70: DEDICATIONS AND FEES

SECTIONS

16.70.010 Dedications Generally

16.70.020 Fees Generally

16.70.010 Dedications Generally
A. Right-of-way dedications, irrevocable offers of dedication, and grants of easements required upon a final or parcel map shall either be accepted, consented for recordation, accepted subject to improvement, or rejected at the time the final or parcel map is approved. Acceptance of the dedication or easement shall serve to transfer the appropriate interest to the City, subject to the terms of the offer and the acceptance certificate. Rejection of the dedication or easement shall reserve the City’s ability to accept all or part of the dedication or easement in accordance with state law. The City Engineer shall determine whether the dedication, irrevocable offer of dedication, or easement shall be accepted, accepted subject to improvement, or rejected pursuant to City standards. No utility easement or other rights-of-way shall be granted within proposed street dedications subsequent to the date of filing of a preliminary tentative map. Necessary right-of-way outside of the subdivision boundary shall be processed by separate instruments.

B. Fee title shall be granted by the subdivider when in the opinion of the City Engineer, it is necessary to carry out policies and requirements of the General Plan and any City ordinance, resolution, or standard.

C. The types of dedications, easements, or grants of fee title that a subdivision may be subject to may include, but not be limited to, streets, alleys, access rights, drainage, public utility, landscape, slope, sewer, and parkland dedication or in lieu fees.

Dedication of land or payment of fees in lieu of dedication of parkland shall be pursuant to the provisions contained in Chapter 16.75 (Parkland Dedication and Fees).

D. Whenever a subdivider is required to dedicate roadways to the public, he or she may also be required to dedicate such additional land as may be necessary and feasible to provide bicycle paths or multi-use paths for the use and safety of the residents of the subdivision as determined by the approval authority.

E. The subdivider shall offer a dedication or an irrevocable offer of dedication of land within the subdivision for local transit facilities such as bus turnouts, benches, shelters, landing pads and similar items which directly benefit the residents of a subdivision if (a) the subdivision as shown on the tentative map has the potential for 200 dwelling units or more if developed to the maximum density shown on the

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Packet Pg. 1069 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 69 Title 16 – Subdivisions Draft October 2022
adopted general plan or contains 100 acres or more, and (b) the approving authority finds that transit services are or will within a reasonable time period be made available to such subdivision.

F. The subdivider shall offer a dedication of land within the subdivisions as may be necessary and feasible to provide for the construction of the City’s Trails Master Plan as determined by the approval authority.

16.70.020 Fees Generally
Development impact fees shall be paid as described in Section 16.80.010.B.

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Packet Pg. 1070 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 70 Title 16 – Subdivisions Draft October 2022
CHAPTER 16.75: PARKLAND DEDICATION AND FEES

SECTIONS

16.75.010 Purpose

16.75.020 Applicability

16.75.030 General Standard

16.75.040 General Dedication Requirements

16.75.050 Determination of Land or Fee

16.75.060 Formula for Dedication of Land

16.75.070 Criteria for Requiring Payment of In-Lieu Fees

16.75.080 Credit for Private Parks

16.75.090 Exemptions

16.75.010 Purpose
This chapter establishes criteria for the dedication of land or payment of in-lieu fees for the development of new, or rehabilitation or enhancement of existing community parks or recreational facilities in accordance with Government Code Section 66477 and other applicable law.

16.75.020 Applicability
As a condition of approval of a final map or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the approval authority, for neighborhood and community park or recreational purposes in accordance with the standards herein, the General Plan, the San Jacinto Trails Master Plan, and the formulas contained in this section.

16.75.030 General Standard
The City Council finds the public interest, convenience, health, welfare, and safety require that 5 acres of property for each 1,000 persons residing in San Jacinto be devoted to neighborhood and community park recreational purposes.

16.75.040 General Dedication Requirements
A. Whenever a tentative map that is subject to the provisions of this section is submitted to the City, the developer shall consult with the Director to determine whether an area for a park shall be dedicated, in- lieu fees, or a combination of both shall be acquired for parks and recreational purposes.

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Packet Pg. 1071 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 71 Title 16 – Subdivisions Draft October 2022
B. The conditions of approval of a tentative map subject to the provisions of this section shall require the dedication of land, the payment of in-lieu fees, or a combination of both for parks and recreational purposes at the discretion of the City pursuant to Section 16.75.020 (Applicability). If the land is to be dedicated, conceptual plans for the park improvements shall be reviewed by the Director and City Engineer, and the proposed dedication shall be identified on the tentative map as a separate lettered lot.

C. The amount and location of the property to be dedicated and/or the amount of any fees to be paid shall be determined by the Director pursuant to the provisions of this chapter.

D. Whenever subsequent development occurs on property for which fees have already been paid or land dedicated, no additional fees or dedications shall be required except as to any additional lots or dwelling units that were not subject to a prior fee or dedication requirement.

E. If parkland is to be dedicated, park improvement plans shall be reviewed and approved by the Director and the City Engineer prior to final map approval. An agreement and securities shall be posted prior to approval of the final map to guarantee construction of the park to City standards.

F. Upon completion of the park improvements to City standards and acceptance by the City Council, land to be dedicated shall be conveyed in fee to the City by grant deed, if not already indicated for dedication on the final map. Such parkland shall be free and clear of all encumbrances except those that the City accepts in writing.

An environmental site assessment report shall be required for all park areas to determine that the land is free from toxic or hazardous materials. The subdivider shall provide all fees and instruments necessary to convey the land and shall include a preliminary title report and title insurance in favor of the City in an amount approved by the City.

G. Unless otherwise specified through conditions or approval or other agreement, whenever fees are to be paid pursuant to this chapter, the fees shall be paid prior to recordation of the final map, or in the instance of maps consisting of four or fewer parcels, prior to issuance of Building Permits, as determined by the City. If the payment of fees is deferred to Building Permit, the City shall determine whether the fees shall be paid on a pro rata basis for each dwelling unit prior to the issuance of a building permit, or on a pro rata basis for certain percentages of the dwelling units prior to the issuance of Building Permits.

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Packet Pg. 1072 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 72 Title 16 – Subdivisions Draft October 2022
H. Whenever land has been conveyed or fees paid to the City and a final map is never recorded or, if recorded, is reverted to acreage, the City shall, at its option, either reconvey all land dedicated to it, repay all fees paid pursuant to this chapter without interest, allow the developer a credit for any land dedicated or fees paid to be applied only to a new subdivision on the same property, or make other arrangements with the subdivider.

16.75.050 Determination of Land or Fee
In considering whether the City accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, the analysis shall consider the following:

A. The minimum park size acceptable for dedication to the City as a provision of this section shall be 3 usable acres, unless approved by the approval authority.

Usable acreage for parklands is defined as follows: Proposed parkland must have a maximum slope of 3 percent over 90 percent of the total area of the park. The remaining 10 percent may contain slopes greater than 3 percent if approved by the Director. The proposed park must have a length to width ratio no greater than 2:1.

A minimum of one side of the park must abut, and have public access from, a public street. Sewer, water, electricity, and storm drain connections must be available at the park. The Director must approve any deviation from these standards.

B. The natural features, access, and location of the proposed park site within the subdivision available for dedication that are compatible with the location of existing proposed park sites and trail ways and the compatibility of dedication with the City’s General Plan and the City of San Jacinto Trails Master Plan.

C. For subdivisions containing 50 parcels or fewer, the City may allow the subdivider to only pay fees; provided, however, that when a condominium project, stock cooperative, or community apartment project exceeds 50 dwelling units, the dedication of land may be required even though the number of parcels may be fewer than 50. Nothing herein shall prevent the City from accepting the voluntary dedication of land by a subdivider for a subdivision containing fewer than 50 parcels if the dedication meets the other requirements of this section.

D. Whenever the actual amount of land to be dedicated is less than the amount of land required to be dedicated, the subdivider shall pay fees for the value of any additional land that otherwise would have been required to be dedicated.

E. Nothing in this section shall be interpreted to prohibit, or limit in any manner, the City from determining the location and configuration of land to be dedicated. The determination of the approval authority, unless appealed, as to whether land shall

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Packet Pg. 1073 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 73 Title 16 – Subdivisions Draft October 2022
be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive. Actions by the City Council shall be final and conclusive.

16.75.060 Formula for Dedication of Land
Where a park or recreation facility has been designated and is to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall dedicate land for a local park sufficient in size and topography that bears a reasonable relationship to serve the present and future needs of the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following formula:

Average number of persons per unit x 0.005 acre = acreage of parkland required per unit Example for a single-family detached dwelling unit (DU): 3.70 x 0.005 = 0.0156 acres/DU Parkland Dedication Formula*
Type of Dwelling Average Population per Unit
Single-family residential 3.70
Multifamily attached (two to four units) 3.54
Multifamily attached (five or more units) 3.54
Mobilehomes 2.00
*Established pursuant to Government Code Section 66477(a) Source: U.S. Census, 2017 American Community Survey
The subdivider, in addition to the dedicated land required by this section, may be conditioned to provide park improvements, as determined by the approval authority. In return for park improvements, the developer shall receive fee credits against the park land dedication requirements of this section and/or Park Facility Improvements, Park Land Acquisition and/or Park Land Improvements of the City’s development impact fees equal to the cost of such improvements.

The land to be dedicated and the improvements to be made pursuant to this section shall be subject to the approval of the Director and shall conform to the City’s guidelines for park dedications.

16.75.070 Criteria for Requiring Payment of In-Lieu Fees Whenever a fee is to be paid in lieu of the dedication of land, the following provisions shall apply:

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Packet Pg. 1074 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 74 Title 16 – Subdivisions Draft October 2022
A. The fee shall be based either on the fair market value of the land that would otherwise be required or on a fixed in-lieu rate established by the City Council. If no fixed in-lieu fee rate has been established, the fee shall be determined by multiplying the number of acres of land required to be dedicated pursuant to this section by the per acre fair market value of the improved value of the subdivision.

B. The fair market value shall be determined and agreed to by the City and the subdivider. However, if an agreement on the fair market value cannot be reached, the subdivider may, at his or her own expense, obtain an appraisal of an acre of land within the subdivision based on the value of the land as a recorded map. If the City does not accept the subdivider’s appraisal, it may cause an appraisal to be made of the land by an MAI appraiser, for which the subdivider pays, which appraisal shall be final and conclusive.

C. Whenever fees are paid pursuant to this section, the City shall deposit the fees into a separate account applicable to the project. Money in the account, including accrued interest, shall be expended solely for development of parkland or improvements related thereto or the rehabilitation of existing park or recreational facilities within the subdivision except as provided in Government Code Section 66477(a)(3)(B). If the final map is withdrawn or rejected, the fees shall be returned without interest to the subdivider.

D. The City shall commit the uses of the collected fees for parks in compliance with the Mitigation Fee Act.

16.75.080 Credit for Private Parks
Where private park areas for active recreational purposes are proposed within a subdivision to be privately-owned and maintained, the subdivider may receive up to a 50 percent credit against the requirement of land dedication or payment of in-lieu fees as follows:

A. Yards, court areas, setbacks, and other open space areas required by the Development Code shall not be included in the computation of such private open space.

B. Use of the private park is restricted for park purposes by recorded covenants which run with the land in favor of the future owners of the property which cannot be eliminated without the consent of the City and which are submitted to the City prior to the approval of the final map.

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Packet Pg. 1075 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 75 Title 16 – Subdivisions Draft October 2022
C. The private park or recreation area is reasonably adaptable for use for park purposes, taking into consideration such factors as size, shape, topography, geology, access, and location.

D. The private park hall be owned by the developer or a homeowners association composed of all property owners in the subdivision and incorporated as a nonprofit mutual benefit organization, operated under recorded land agreements through which each lot owner, renter, or lessee is automatically a member, and each lot is subject to a charge for a proportionate share of expenses for maintaining the facilities.

E. Active recreational purposes shall mean, for purposes of this section:

1. Park areas for active recreational pursuits, such as sports fields, court games, swimming pools, children’s play areas, picnic areas, and open lawn areas having a maximum 10 percent slope.

2. Recreational buildings and facilities designed for the recreational needs of the residents within the development.

F. Active recreational uses do not include natural open space, nature study areas, open space or buffer areas, steep slopes, riding and hiking trails, scenic overlooks, water courses, drainage areas, or water bodies.

16.75.090 Exemptions
This chapter shall not apply to the following land divisions:

A. Commercial or industrial subdivisions.

B. Subdivisions containing fewer than five parcels and not used for residential purposes; provided, however, that a condition shall be placed on the approval of a tentative parcel map that if a Building Permit is requested for construction of a residential structure or structures on one or more of the parcels within 4 years after the map is approved, a fee may be required to be paid by the owner of each parcel as a condition to the issuance of such Building Permit.

C. Condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than 5 years old when no new dwelling units are added.

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Packet Pg. 1076 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 76 Title 16 – Subdivisions Draft October 2022
CHAPTER 16.80: IMPROVEMENTS

SECTIONS

16.80.010 Improvements Required

16.80.020 Off-Site Improvements

16.80.030 Deferred Improvements

16.80.040 Design of Improvement Plans and Standards

16.80.050 Subdivision Improvement Agreements and Security

16.80.060 Completion of Improvements

16.80.010 Improvements Required
A. The subdivider shall construct all required improvements both on-site and off-site in accordance with the standards approved by the City Engineer and applicable City standards as provided by this Title. Except as provided herein, the subdivider shall be required to install all improvements that are required as conditions of approval to the tentative map, and to install all improvements that are required by City ordinance or resolution.

B. The applicant shall pay all impact fees, pursuant to the applicable impact fee ordinances, in the amount that is in effect at the time such fees are due, unless a different amount applies as follows:

1. Projects subject to a vesting tentative map or vesting tentative parcel map.

2. Projects subject to a development agreement.

16.80.020 Off-Site Improvements
A. The developer/property owner shall make a good faith effort to acquire required offsite property interests, and if he or she should fail to do so, the developer/property owner shall, prior to submittal of the Final Map for recordation, enter into an agreement to complete the improvements. The agreement shall provide for payment by the developer/property owner of all costs incurred by the City to acquire the offsite property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer/property owner (at developer/property owner cost). The appraiser shall be approved by the City prior to commencement of the appraisal.

B. Notwithstanding subsection (A) of this section, should the City Engineer find, based on substantial evidence, that the subdivision design incorporates an alternative that

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Packet Pg. 1077 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 77 Title 16 – Subdivisions Draft October 2022
would comply with City standards in the absence of the off-site improvement, the acquisition of off-site property shall not be required.

16.80.030 Deferred Improvements
A. The approving authority, at its discretion, may approve any request for deferred construction of on- site and off-site improvements for tentative maps at the time of approval of the tentative map. Any improvements that are deferred by the approving authority shall be noted on the final or parcel map, and a deferred improvement agreement shall be filed with the City Engineer prior to or concurrent with the filing of the final map or parcel map.

B. The City Attorney shall approve the form and content of all deferred improvement agreements prior to the City accepting the document.

16.80.040 Design of Improvement Plans and Standards
A. Standards for design and construction of subdivision improvements shall be in accordance with the applicable City standards, the conditions of approval of the tentative map, and the requirements established by the City Engineer.

B. Public improvement plans shall be acted on by the City Engineer within the time frame set forth in Government Code Section 66456.2, and the projects conditions of approval.

C. Public improvement plans shall be prepared under the direction of a registered civil engineer and other professionals as required by the City Engineer, and shall be reviewed and approved by the City Engineer, if he or she can make the following findings:

1. The plans are signed and stamped by a registered civil engineer and all other registered professionals trades as required by the improvement plans (e.g., Geotechnical Engineer, Electrical Engineer, Structural Engineer, Landscape Architect).

2. The plan designs are consistent with the tentative map, the conditions of approval, and applicable City standards, with the exception of minor errors or incompleteness that do not materially affect the design or the plan constructability thereof.

3. All reports and studies required to evaluate the facility design and the completeness of the plans have been prepared by a registered civil engineer and have been reviewed and approved by the City Engineer.

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Packet Pg. 1078 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 78 Title 16 – Subdivisions Draft October 2022

4. All conditions of approval relative to public improvement requirements have been addressed to the satisfaction of the reviewing authority and the City Engineer.

5. All title and interest has been obtained by the subdivider for off-site property interest, except as otherwise provided for in Section 16.70.020.B.

6. All cost estimates have been approved by the City Engineer, and payment of all applicable fees has been received.

7. Approval of designs and plans have been obtained from all other applicable agencies.

D. All improvement plans shall be prepared in accordance with the following City standards:

1. Those ordinances, policies, and standards in effect at the time the final map is submitted.

2. Those ordinances, policies, and standards in effect at the time the application for the vesting tentative map is deemed complete. However, the City Engineer may modify those City standards under the following conditions:
i. When failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both
ii. When needed to comply with state or federal laws.
iii. When, in the opinion of the City Engineer, with the consent of the subdivider, a new standard or requirement is needed which will not materially affect the intent of the subdivider or the conditions of approval. This shall include the adoption of other agency standards for use by the City Engineer.

E. Approval by the City Engineer of any public improvement plans, or any grading plans that are required as part of the approval of the final map or parcel map, shall expire upon the expiration of any applicable subdivision improvement agreement, or 2 years from the date the City Engineer approves the plans, whichever is later.

Upon expiration of those plans, new approvals from the City Engineer, together with the payment of new plan review fees, shall be required for any portions of the subdivision for which grading and improvements have not been completed.

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Packet Pg. 1079 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 79 Title 16 – Subdivisions Draft October 2022

16.80.050 Subdivision Improvement Agreements and Security Pursuant to the Map Act, if any public improvement required as part of the approval of the subdivision will not be completed and accepted in accordance with Section 16.80.060 (Completion of Improvements) prior to approval of the final map, the subdivider, at their own expense, shall be required to enter into a subdivision improvement agreement with the City to complete such public improvements in accordance with Section 16.80.060 (Completion of Improvements). Performance of the agreement shall be guaranteed by the security specified in this section.

A. The form and content of subdivision improvement agreements shall be approved by the City Attorney. The agreement shall include, but not be limited to, the following minimum terms and conditions:

1. Construction of all improvements as set forth in the approved plans and specifications.

2. The maximum period within which all improvements shall be completed to the satisfaction of the City Engineer.

3. Provisions for inspection of all improvements by the City Engineer and payment of fees by the subdivider for the cost of such inspection and all other incidental costs incurred by the City in enforcing the agreement.

4. A provision that if the subdivider fails to complete the work within the specified period of time, or any extended period of time that may have lawfully been granted to the subdivider, the City may, at its option, complete the required improvement work and the subdivider and his surety shall be firmly bound, under a continuing obligation, for payment of the full cost and expense incurred or expended by the City in completing such work, including interest from the date of notice of the cost and expense until paid.

5. A provision that, in the event of litigation occasioned by a default of the owner or subdivider, his successors or assignees, the owner or subdivider, his successors or assignees will pay all costs involved, including reasonable attorneys’ fees, and that the same may be recovered as part of a lien against the real property.

6. Additional terms or provisions, as may be necessary, pertaining to the forfeiture, collection, and disposition of improvement security upon the failure of the contracting party to comply with the terms and provisions thereof or with the terms and provisions of this Title.

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Packet Pg. 1080 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 80 Title 16 – Subdivisions Draft October 2022
B. Subdivision improvement agreements shall be valid for a period specified in the agreement, but not to exceed 2 years from the effective date of the agreement. The City Engineer may, in his/her discretion, extend the term of the subdivision improvement agreement. The agreement shall not only bind the present subdivider, but also his heirs, successors, executors, administrators, and assignees, so that the obligation runs with the real property. All agreements shall be executed by all those parties executing the final map or parcel map, with all signatures acknowledged before a notary public, and shall be transmitted by the City Clerk to the Riverside County Recorder concurrently with the final map or parcel map. The agreement shall be recorded upon the title of said real property, in the Office of the County Recorder, at the expense of the subdivider.

C. Improvement securities shall be required to be posted as a guarantee of the performance of any act, improvement, or obligation required as a condition of approval of any final tract map, parcel map waiver, lot line adjustment, or lot merger. Unless otherwise provided herein, all such improvement securities shall be provided in one of the following forms, subject to the approval of the City Engineer and the City Attorney:

1. A bond or bonds by one or more duly authorized corporate sureties substantially in the form prescribed in the Map Act and subject to the approval and acceptance of the City Attorney and City Council.

2. A deposit with the City of either immediately negotiable bonds or a letter of credit.

3. Any other form of security, including a lien or other security interest in real property, which the City Engineer and the City Attorney may, in their discretion, allow, provided they determine that it is equivalent to the foregoing forms of security in terms of security and liquidity.

4. Any written contract or document creating security interest established pursuant to subsection (C)(3) of this section shall be recorded in the Office of the County Recorder. From the time of recordation, a lien shall attach to the real property described therein, which lien shall have the priority of a judgment lien in the amounts specified.

D. The subdivider shall provide as security to the City:

1. For performance and guarantee: an amount determined by the City Engineer equal to 100 percent of the total estimated cost of the improvement to be performed, including grading monumentation. The estimated cost of improvement shall include a 10 percent contingency and a 10 percent increase for projected inflation computed to the estimated mid-point of construction.

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Packet Pg. 1081 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 81 Title 16 – Subdivisions Draft October 2022

2. For payment: an amount determined by the City Engineer equal to 50 percent of the total estimated cost of the improvement to be performed, excluding grading and monumentation.

E. Improvement security may be released in whole or in part upon the completion and acceptance of all or part of the act or work by the City Engineer or the authorized official; provided, however, such release shall not apply to the amount of security deemed necessary by the City Engineer for the guarantee and warranty period, nor to costs and reasonable expense fees, including reasonable attorneys’ fees, incurred by the City in enforcing any improvement agreement. The subdivider shall not be entitled to any reduction in security until all improvements have been completed to the satisfaction of the City Engineer.

16.80.060 Completion of Improvements
A. Public improvements required as a condition of approval shall be completed in accordance with this Title, unless they are deferred pursuant to Section 16.80.030 (Deferred Improvements). The City Engineer shall review and approve any improvement agreement, conduct an inspection, and approve any constructed public improvement necessary to satisfy this provision, with the City Council providing final approval of any agreement or acceptance of any completed public improvement.

B. Once begun, public improvements for a final map, or for a parcel map when required, shall be constructed to completion without interruption. The subdivider shall exercise due diligence to ensure that this provision is met to the satisfaction of the City Engineer. Construction and inspection of public improvements shall be governed by City standards and the requirements of any applicable permit.

C. The City Engineer may release in whole or in part an amount of the applicable securities upon determination that the relevant public improvement is complete.

D. Notwithstanding any applicable agreement, the ownership of, and responsibility for, the construction and maintenance of any public improvement is held by the subdivider and shall remain so until such time as the City Engineer accepts the completed public improvements.

E. Upon acceptance of a public improvement, a notice of completion for that public improvement shall be filed, and City Engineer shall release applicable securities in whole or in part for that public improvement. This action shall serve to transfer ownership and maintenance responsibility of the public improvement from the subdivider to the City, and to provide full acceptance of the applicable dedication or easement, which acceptance had been contingent upon completion and acceptance

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Packet Pg. 1082 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 82 Title 16 – Subdivisions Draft October 2022
of public improvements within said dedication or easement, subject to the terms of any applicable agreement.

F. Upon acceptance of a public improvement, the public improvement shall be considered to have entered the warranty period. The warranty period shall be a minimum of 1 year or such period as necessary to ensure that the public improvements are suitable for public ownership and maintenance responsibility, as determined by the City Engineer. A minimum of 10 percent of the securities shall be retained for the duration of the warranty period.

G. Public park facilities shall be completed in accordance with the provisions of this Title and to the satisfaction of the Director. The Director, in consultation with the City Engineer and Chief of Public Utilities, shall provide final approval and acceptance of public park facilities and other fee title interests.

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Packet Pg. 1083 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 83 Title 16 – Subdivisions Draft October 2022
CHAPTER 16.85: GRADING

SECTIONS

16.85.010 Purpose

16.85.020 Grading Improvements

16.85.010 Purpose
The purpose of this chapter is:

A. To establish standards regulating the design and construction of building sites and the development of property by grading.

B. To minimize differential settlement and the slipping or sliding of earth.

C. To protect adjacent properties from damage caused by blockage or diversion of natural runoff waters.

D. To require engineering analysis of expansive soil conditions, erosion control and drainage.

E. To establish criteria for the design of footings and floor slabs for structures proposed to be erected on parcels of land whose natural topography has been altered.

16.85.020 Grading Improvements.

A. General. The land division shall be graded so that adequate drainage will be provided for each lot. All grading operations shall be in accordance with the city standards and a grading plan will be submitted to the city engineer for approval.

All lots with less than two and one-half gross acres shall be graded at a one percent or greater slope to drain directly to public right-of-way unless authorized otherwise by the Planning Commission upon approval of the tentative map.

B. Soil Report.

1. The land divider shall file with the city engineer a soil report for the grading operation of the land division. The soil report shall be prepared by a registered civil engineer based upon adequate test borings or excavations. If the preliminary soil report indicates the presence of critically expansive soils or other soil problems, the soil report shall recommend corrective action to be taken, which will likely prevent structural damage to each building proposed to be constructed, for each lot containing such soil problems.

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Packet Pg. 1084 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 84 Title 16 – Subdivisions Draft October 2022

2. The soil report shall be approved by the City Engineer and the recommendations contained in the approved soil report shall be incorporated in the grading operation and/or incorporated in the construction of each building as a condition of the building permit for each lot containing such soil problems.

3. The soil report may be waived by the City Engineer if he or she determines that, due to the knowledge of the soil conditions in the area of the land division, no preliminary soil analysis is necessary.

C. Excessive Grading. No land division shall be approved where the lot grading will result in a difference in grade, from that of the adjoining property, at the tract boundary, in excess of five feet unless otherwise approved by the City Council.

D. Certificate for No Fills. In cases where there is no lot grading is required because adequate drainage for the lot exists and there are no soil problems requiring correction, the land divider shall furnish to the City Engineer two prints of the final map signed by the land divider’s engineer, and certifying that no fills, in conflict with city standards, have been made on the lots.

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Packet Pg. 1085 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 85 Title 16 – Subdivisions Draft October 2022
CHAPTER 16.90: DEFINITIONS

SECTIONS

16.85.010 Purpose

16.85.020 Definitions

16.90.010 Purpose
This chapter provides definitions of terms and phrases used in this Subdivision Ordinance that are technical or specialized, or that may not reflect common usage. If any of the definitions in this chapter conflict with definitions in other provisions of the Municipal Code, these definitions shall control for the purposes of this Subdivision Ordinance. If a word is not defined in this chapter, or other provisions of the Municipal Code, the Director shall determine the most appropriate definition in compliance with Chapter 16.10 (Rules of Interpretation). State law definitions, as they may be amended from time to time, control over the definitions in this section.

16.90.020 Definitions
Alley. A public way for pedestrian, equestrian, or vehicle use which affords only a secondary means of access to abutting properties.

Approved. When used to refer to tentative map or other subdivision or reconfiguration action means having received the consent, endorsement, or permission of the city or any advisory agency and includes those maps or actions which have been conditionally approved.

Block. The smallest area of land within a subdivision entirely bounded by any streets (other than alleys), freeways, railroad rights-of-way, natural barriers, or the exterior boundaries of the subdivision.

CEQA. The California Environmental Quality Act of 1970 as amended.

Chief of Public Utilities. The person or his/her representative, as designated by the City Manager, to discharge for the city those duties prescribed hereinafter to be performed by the Chief of Public Utilities.

City Council or Council. The City Council of the City of San Jacinto.

City Engineer. The engineer or his/her representative, as designated by the City Manager, to discharge for the city those duties prescribed hereinafter to be performed by the City Engineer.

Commission. The Planning Commission of the City of San Jacinto.

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Packet Pg. 1086 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 86 Title 16 – Subdivisions Draft October 2022
Consistent. Free from variation or contradiction. State law requires consistency between a general plan and implementation measures such as the subdivision ordinance.

County. The County of Riverside.

Cul-de-sac Street. A road open at one end only, with special provisions for turning around, and the further extension of which is precluded by the land division design.

Department. The Community Development Department.

Design. (1) Street alignments, grades, and widths; (2) drainage and sanitary facilities and utilities, including alignments and grades thereof; (3) location and size of all required easements and rights-of-way; (4) fire roads and firebreaks; (5) lot size and configuration; (6) traffic access; (7) grading; (8) land to be dedicated for park or recreational purposes; (9) such other specific physical requirements in the plan and configuration of the entire subdivision as may be necessary to incur consistency with, or implementation of the general plan or any applicable specific plan; and (10) the linking of components of the built environment, thereby establishing a sense of order and organization to what otherwise can be perceived as disjointed or haphazard development.

Development Code. Title 17 of the city of San Jacinto Municipal Code, including all text and maps, as it may be amended from time to time.

Director. The person or his/her representative as designated by the city council or City Manager to discharge for the city these duties prescribed hereinafter to be performed by the Community Development Director.

Double frontage lot. Any lot which abuts two or more streets other than a corner lot, which abuts two intersecting streets.

Fire Department. The Riverside County Fire Department.

Frontage Street. A street that is parallel and adjacent to a higher-speed, limited-access road but is separated from it by a physical barrier, and provides access to abutting properties.

Improvement. Any street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways, and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map. It also means any other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the local agency, or by a combination of them, is necessary to ensure consistency with, or implementation of the general plan or any applicable specific plan.

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Packet Pg. 1087 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 87 Title 16 – Subdivisions Draft October 2022
Lot. A parcel of real property with a separate and distinct number or other designation shown on an approved map such as a final tract map, parcel map, record of survey, other plot, or described as a separate and distinct lot by a metes and bounds description, which is filed in the office of the county recorder.

MAI Appraiser. An appraiser that is a member of the Member of the Appraisal Institute.

Net Area. Excludes area on a lot or lots identified or designated for utilization as dedications and easements for access to ingress to or egress from property easements for streets or pedestrian/equestrian purposes irrespective of whether such easements are public or private.

Parcel Map. A subdivision, generally of four or fewer parcels, prepared in accordance with Section 66444 of the Subdivision Map Act.

Public Improvement. Traffic controls, streets, roads, highways, freeways, bridges, over crossings, street interchanges, transit facilities, trails, flood control or storm drain facilities, sewer and water facilities, and lighting facilities.

Recorder. The County of Riverside Recorder.

Reversion to Acreage. A process to combine previously subdivided properties in accordance with the provisions of this Title.

Section. A section of this Title, unless some statute or other ordinance is referred to.

Subdivider. A person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision.

Subdivision Map Act. Shall mean Division 2, Title 7 of the California, commencing with Section 66410 as presently constituted, and any amendments thereto.

Tenant. A person or persons entitled under a lease, rental agreement or other agreement with the owner of record of the property or his or her agent to occupy a dwelling unit.

Tentative Map. A map resulting in five or more parcels prepared in accordance with the provisions of this Title and for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it. It need not be based upon an accurate and detailed final survey of the property.

Tentative Parcel Map. A map resulting in four or fewer parcels prepared in accordance with the provisions of this Title and for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it.

Urban lot splits. Urban lot splits, as authorized by Government Code Section 66411.7, are subdivisions subject to this title that shall be more specifically governed as set forth in Article 9 of the Development Code.

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Packet Pg. 1088 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) 88 Title 16 – Subdivisions Draft October 2022
Vesting Tentative Map. A tentative map prepared in accordance with the provisions of this Title that shall have printed conspicuously on its face the words “Vesting Tentative Map” at the time it is filed.

Vesting Tentative Parcel Map. A tentative parcel map prepared for in accordance with the provisions of this Title that shall have printed conspicuously on its face the words “Vesting Tentative Parcel Map” at the time it is filed.

Vesting. A right or privilege to enjoy such requirements based on policies, ordinances or standards at a fixed point in time.

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Packet Pg. 1089 Attachment: Ordinance No. 22-12 - Exhibit "A" - Subdivision Code (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) Ordinance No. 22-13

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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Packet Pg. 1090 Attachment: Ordinance No. 22-13 - Chapter 8.40 (Noise Control) (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) Ordinance No. 22-13

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. 1091 Attachment: Ordinance No. 22-13 - Chapter 8.40 (Noise Control) (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) Ordinance No. 22-13

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. 1092 Attachment: Ordinance No. 22-13 - Chapter 8.40 (Noise Control) (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) Ordinance No. 22-13

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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Packet Pg. 1093 Attachment: Ordinance No. 22-13 - Chapter 8.40 (Noise Control) (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) Ordinance No. 22-13

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. 1094 Attachment: Ordinance No. 22-13 - Chapter 8.40 (Noise Control) (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) Ordinance No. 22-13

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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Chapter 8.40

NOISE CONTROL
Sections:

8.40.010 Declaration of findings and policy.

8.40.020 Definitions.

8.40.030 Land use compatibility standards.

8.40.040 Mobile noise source standards.

8.40.050 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 loudness.
“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 location.

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“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) micropascals. “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 period.
“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. “Noise” shall mean any unwanted sound or sound that is undesirable because it interferes with speech and hearing, 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). “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.

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8.40.030 Land use compatibility standards.

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

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8.40.040 Mobile noise source standards.

A. The following noise standards for maximum allowable noise exposure from mobiles sources shall apply to all development and infrastructure projects, unless otherwise specifically indicated.

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) ---
(1)
In Community Noise Equivalent Level (CNEL).
(2)
Noise standards do not apply to Light Industrial areas. (3)
Outdoor environment limited to playground areas, picnic areas and other areas of frequent human use.

8.40.050 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 indicated:

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.

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;

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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:

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.

8.40.060 Sensitive Uses Development Projects.

A. New residential developments, mixed-use developments with a residential component, and other noisesensitive 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

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measurements, estimates of existing and projected noise levels, and mitigation measures necessary to ensure compliance with the noise standards established in this Chapter.

8.40.070 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 mobile; 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. Any activity to the extent regulation thereof has been preempted by state or federal law; H. 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; I. 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;
J. 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.

L. 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

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approval. This exemption shall only be applicable during the effective period of the city-approved permit or development agreement. (Ord. 07-17 § 2 (part))

8.40.080 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))

8.40.090 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 holidays, 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 nature.

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

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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;

3. 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 this Chapter. (Ord. 07-17 § 2 (part))

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

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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;

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.

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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.

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;

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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))

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

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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:
a. That the declarant is a resident located within two hundred (200) yards of the noise source; and b. Within the past month declarant has heard noise for substantially long periods to the extreme annoyance of the declarant.

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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Packet Pg. 1107 Attachment: Ordinance No. 22-13 - Exhibit "A" - Noise Control (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) Ordinance No. 22-14

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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Packet Pg. 1108 Attachment: Ordinance No. 22-14 - Chapter 5.58 (Special Events) (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) Ordinance No. 22-14

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 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.

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.

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.

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Packet Pg. 1109 Attachment: Ordinance No. 22-14 - Chapter 5.58 (Special Events) (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) Ordinance No. 22-14

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:

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. 1110 Attachment: Ordinance No. 22-14 - Chapter 5.58 (Special Events) (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) Ordinance No. 22-14

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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Packet Pg. 1111 Attachment: Ordinance No. 22-14 - Chapter 5.58 (Special Events) (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) Ordinance No. 22-14

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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Packet Pg. 1112 Attachment: Ordinance No. 22-14 - Chapter 5.58 (Special Events) (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) Chapter 5.58 SPECIAL EVENTS Page 1/8
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. Attended 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.; 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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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 Utilities.

B. Notwithstanding the general guidelines set forth, the Director 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 Director 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.
“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 & Safety Division and includes the building official’s designee.
“Chief of Police” 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 Chief” 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.
“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” means the city’s director of planning and includes the director’s designee. “Chief 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))

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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 Director 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. 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.

5.58.050 Application procedure.

A. Except as otherwise provided herein, all applications for permits shall be filed with the Director 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 Director 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
C. The Director 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 all items required by the Community Development Department for filing a Special Event Permit.

B. Supplemental Information. The applicant shall provide any supplemental information that, under the particular circumstances of the special event, the Director 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. 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 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;

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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;

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 Director 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;

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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; 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 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 Director.

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 Director 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 Director shall not withhold the issuance of a permit if the applicant has requested, and received, a waiver from the City Manager pursuant to Section 5.58.100 for a special event in which the primary purpose is First Amendment expression. (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 Director may also require the applicant to post a cash bond in an amount that the 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

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resulting from any damage or injury occurring in connection with the permitted event, insofar as permitted by law. (Ord. 08-04 § 1 (part))

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

D. 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.

E. 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 Director 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 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 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))

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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. 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 participate in a special event with the knowledge that the city has not issued the sponsor of the event the required 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 permit, or for any participant with knowledge thereof to willfully violate the terms and conditions of the permit. (Ord. 08-04 § 1 (part))

5.58.190 Revocation of permit.

A. The Director, Building Official, Chief of Police, Fire Chief and/or Chief of Public Utilities 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 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

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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))

5.58.210 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),(Ord. 08-04 § 1 (part))

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