Hemet Municipal Code Art. I In General

Without the express permission of the city council, it is unlawful to place, store or maintain any goods, wares, merchandise or chattel upon any sidewalk, street or public right-of-way, or any portion thereof, in the city, for the purpose of merchandising, selling or advertising or for any other purpose.

(Ord. No. 40; Ord. No. 430; Code 1984, § 13004)

(a) Applicability. An applicant for a building permit for construction on any lot abutting a public street shall dedicate and improve the public rights-of-way to the specifications listed in subsections (c) and (d) of this section, unless adequate improvements already exist. In each instance, the city engineer shall determine whether or not the necessary improvements exist and are adequate under the following circumstances:

(1) For any new construction on vacant property.

(2) For any significant redevelopment projects, defined as:

a. Projects that involve demolition and reconstruction of 50 percent or more of an existing structure;

b. Projects that increase the total floor area of an existing structure by 50 percent or more;

c. Projects that change the use of a property to a more intensive use as determined by the city engineer.

d. Projects that are considered significant redevelopment projects as defined by the current Santa Ana Region MS4 Permit.

(3) For additions to structures as follows:

a. For additions exceeding 40 percent of the habitable square footage of existing residential structures in any 36-month period.

b. For additions exceeding 33 percent of the square footage of existing nonresidential structures in any 48-month period.

(4) For a change of occupancy, as defined by the Uniform Building Code, for any structure.

(5) For building relocations.

(6) For the construction of any parking lot or area that shall in any manner contact any public right-of-way.

(b) Exemptions. The following developments are exempt from the required improvements in this section unless the city engineer determines that the lack of street improvements in this case would be a potential danger to public health, safety, and welfare:

(1) The addition, enlargement, expansion, alteration, extension, reconstruction, or replacement of any existing single-family dwelling and/or accessory structure shall be exempt from the requirements of this chapter to construct street improvements, unless classified as a significant redevelopment project per subsection (a)(2)b. above.

(2) The development of non-habitable accessory structure(s) unless classified as a significant redevelopment project per subsection (a)(2)b. above.

(3) A development that is exempt from the requirement to construct street improvements as provided for in this section shall remain subject to the requirement to provide the city with an irrevocable offer of dedication for the ultimate street right-of-way for any addition, enlargement, expansion, alteration, or extension of an existing single-family dwelling and/or habitable accessory structure, regardless of size.

(c) Required improvements. The applicant shall:

(1) Install and construct street paving, streetlights, street trees, water mains, sewer mains, and appurtenances, concrete curbs, gutters, spandrels (where required), cross gutters (where required), and sidewalks on the proximate side of each public street upon which such lot abuts, parallel to the property and on the curbline as determined by the city. Such installations and construction shall meet the specifications as established by the city council and on file in the office of the city manager and the public works department of the city. Development, which includes multiple truck deliveries/distributions per day, shall be required to pave the full width of the street fronting the project, at a minimum, and may be extended beyond the project limits at the discretion of the city engineer; or

(2) Deposit with the city clerk a security, as authorized by Government Code § 66499, in an amount determined by the public works department to be equal to the estimated cost of the required improvements identified in subsection (1) above. The deposited security shall serve as a guarantee for the completion of said improvements. In the event the applicant fails to install the required improvements within a reasonable period following the completion of construction on the lot, the city is authorized to utilize the deposited funds to complete such improvements. Upon the city's acceptance and approval of the required improvements, the city clerk shall release or refund the security to the applicant. The city engineer is authorized to execute agreements on behalf of the city.

(d) Variances. For projects listed under subsections (a)(3)—(6) above, when the city engineer determines, based upon evidence provided by the applicant, that the cost to construct the required improvements exceeds 25 percent of the project's total costs, the city engineer may waive the requirements for the construction of all or some of the improvements required by subsection (c) above.

(e) Temporary uses. The applicant for a temporary use permit, as provided in section 90-73, shall deposit with the city an offsite improvement fee in an amount established by resolution of the city council. The fee shall be placed in an off-site improvement fund and used by the city to defray the costs of the installation of off-site improvements.

(f) Deferments. The applicant for a building permit or the owner of the property may petition the city council for a deferment of the provisions of this section. The city council shall have the authority to grant such deferment as it shall deem proper under the circumstances.

(Ord. No. 1375; Code 1984, § 13010; Ord. No. 2064, § 2, 10-14-25)

It is unlawful for any person using water for irrigating or other purposes to run wastewater or to permit any wastewater to run into or upon the public streets or alleys, or into or upon any adjacent street or road in such a manner that such water flows into or upon the streets of the city. The city manager is authorized and empowered to grant such temporary permits as he may deem necessary or expedient to enable property owners to carry such wastewater across the public streets or alleys by means of suitable pipes or culverts, but all such permits shall be granted with the distinct understanding that the city reserves the right to at any time, without notice to such property owners, grade or change the grade of or otherwise improve such streets and alleys. No permit from the city manager shall exempt or release any person from the penalty provided for running wastewater upon the public streets.

(Ord. No. 85; Code 1984, § 13013)

Cross reference— Sewer service, § 82-31 et seq.

(a) No person shall make any improvements or place any substance, article, material or structure of any kind on any portion of the public rights-of-way in the city without first obtaining an encroachment permit from the department of public works of the city. Application therefor shall include such information as the department shall reasonably require, including the name and address of the applicant, the address and a general description thereof sufficient to identify the property, and a description of the improvement, substance, article, material or structure the applicant desires to place and the exact location thereof. The department of public works shall have the power to grant such permit or refuse the permit, and in the event of refusal the applicant shall have the right to refer the matter to the city council for final determination.

(b) Emergency work. In cases of an emergency, an evacuation or encroachment may be made without first obtaining a permit for repair or replacement of a facility previously installed only under the good faith belief that such action is warranted for the protection or preservation of life or property, provided that the city is notified in writing on the first business day thereafter and a permit shall be applied for on the second business day thereafter. Emergency work completed in compliance with a blanket permit will not require additional permits pursuant to the permit provisions.

(c) Blanket permits. The public works director or their designee may authorize the issuance of an annual blanket permit to public utilities or franchises that perform a high volume of work within the public way or for a series of excavations or encroachments. This provision shall be broadly applied to reduce administrative costs of both the city and the permittee. Issuance of an annual blanket permit shall require execution of an agreement in a form prescribed by the city manager or public works director and approved by the city attorney.

(1) An encroachment must conform to the terms and conditions of the blanket permit.

(2) If the terms or conditions of the blanket permit are violated, it may be revoked by the public works director or their designee and the permittee may be required to obtain a separate permit and pay fees for each excavation and encroachment.

(3) If emergency work is within the parameters and limits of an issued and active blanket permit, a written notice shall be submitted to the public works department pursuant to the blanket permit requirements.

(d) In the event that the city approves or implements a street moratorium, all encroachment and blanket permits issued shall be subject to the terms and conditions of that moratorium. However, it is expressly agreed that emergency work, as determined by the city, shall be excluded from the moratorium restrictions, and such work may proceed without undue delay or hindrance.

(Ord. No. 85; Code 1984, § 13014; Ord. No. 2029, § 2(Exh. A), 3-12-24)