The purpose of this article is to establish a necessary and appropriate procedure and for the potential conversion of senior housing projects to non-senior housing projects.

(Ord. No. 1826, § 3(Exh. A), 4-13-10)

(a)

California's Unruh Civil Rights Act (Civil Code § 51.1 et seq.) expressly allows private parties to establish housing for senior citizens and the Federal Fair Housing Act (42 U.S.C. § 3601 et seq.) expressly allows for "housing for older persons."

(b)

State law encourages "senior citizen housing developments." Specifically, Government Code § 65915 requires cities to provide "senior citizen housing developments" density bonuses for development of such facilities and provide lower parking standards. Therefore, by law, "senior only" housing facilities may receive concessions and incentives that non-senior facilities do not receive.

(c)

On average, senior citizens make less impact on the environment than do non-seniors. Occupancy rates for seniors are significantly less than non-senior occupancy rates. Seniors make substantially fewer trips than non-seniors. Seniors drive fewer vehicles, and therefore require fewer parking spaces per housing unit than do non-seniors. Hemet Municipal Code section 90-1423 acknowledges these facts when it applies a lower parking requirement for certain senior housing facilities than would have otherwise applied.

(d)

Based on the foregoing, including those listed above, it is clear that non-seniors make a larger impact on the environment than do seniors. Therefore, the city determines that all conversions, as defined in this article, are "projects" within the meaning of Public Resources Code § 21065.

(e)

Government Code § 65595 et seq. permits all of the following developments to pay lower developer fees to schools: developments which qualify as "senior citizen housing", "multilevel facility for the elderly" or as a "residential care facility for the elderly", and manufactured homes and mobile homes in certain communities limited to older persons.

(f)

Government Code §§ 65595.1 and 65595.2 demonstrate that cities should often disallow these senior housing uses from converting to non-senior housing uses until the full amount of school fees that would have otherwise been required to be paid were, in fact, paid.

(g)

If a previously approved facility obtained concessions or incentives because it indicated that it would qualify and operate as a senior housing project but subsequently lost its qualifying status, the development facility should mitigate for the impacts on the community, including, but not limited to, offsetting the concessions and incentives previously received.

(h)

If the city applied reduced public park dedications, allowed a reduction in private open space requirements, or lowered fees for vehicular parking, transportation, and/or schooling because the project originally qualified as senior housing project and then that project later converted to non-senior housing, the public would be harmed to the extent that the converted project did not provide the full amount of mitigation that would have been otherwise required. If a conversion occurs, the city shall require that all impacts from the conversion are mitigated by the applicant.

(Ord. No. 1826, § 3(Exh. A), 4-13-10)

The following terms shall have the following meanings for the purposes of this chapter:

(a)

Concessions or incentives means any concession or incentive issued or awarded to a project by the City of Hemet by virtue of the project qualifying as a senior housing project. Concessions and incentives shall include, but are not limited to:

(1)

Utilization of the lesser parking standards described in Hemet Municipal Code section 90-1423.A.6 or similar ordinance;

(2)

Receipt of a density bonus, incentive, or lower parking requirements consistent with Government Code § 65915(b)(3);

(3)

Any preference received on account of qualifying as "housing for older persons" under federal law, having been "designed to meet the physical and social needs of senior citizens" under state law, or qualifying as a "senior citizen housing development" as defined under Civil Code § 51.3 or 51.11, or similar authority;

(4)

Any development which received any benefit pursuant to [Government Code] § 65995 et seq. [relating to lowered developer fees to fund school construction]; or

(5)

Any other reduction in design or development standards, financial assistance, or other development related concession or incentive that the project received from the City of Hemet on account of the project intending to become, or for actually becoming a senior housing project.

(b)

Convert or conversion means changing from a senior housing project to a housing project that could not qualify as a senior housing project.

(c)

Director shall mean the City of Hemet Community Development Director or designee.

(d)

Senior citizen shall mean any individual who is 55 years or older.

(e)

Senior housing project means any project qualifying as senior housing under state or federal law that, at the time of initial city approval, received a concession or incentive.

(Ord. No. 1826, § 3(Exh. A), 4-13-10)

No senior housing project shall convert unless the project first obtains a conversion permit pursuant to this article, and consistent with the procedures outlined in Municipal Code section 90-545 et seq.

(Ord. No. 1826, § 3(Exh. A), 4-13-10)

Consistent with Hemet Municipal Code section 90-545 et seq., the planning commission shall hear all complete applications for conversion permits. The planning commission shall only issue a conversion permit if it makes all of the findings consistent with the following criteria:

(a)

The proposed use of the property as something other than a senior housing project is in accord with the objectives of this chapter and the purposes of the zone in which the project site is located.

(b)

The new use and operation is consistent with the general plan.

(c)

The project complies with all parking requirements of Hemet Municipal Code section 90-1423 which apply to non-senior facilities. The city shall consider the ability of the applicant to provide additional parking without unreasonably degrading the appearance of the real property surrounding the structure. The city may also consider, in its sole and reasonable discretion, shared parking or adjacent parking accommodations in meeting this requirement.

(d)

The applicant has paid or is required to pay as a condition of granting the conversion permit all required fees, including those required by Government Code § 65995 et seq. and Education Code § 17620 [relating to developer fees paid to school districts], and the city has received any authorization required to have been filed by the Hemet Unified School District pursuant to Government Code § 65595.1, or any other section.

(e)

The project complies with required development standards for non-senior facilities, including, but not limited to, the provision of public and private open space areas.

(f)

The conversion to a non-senior housing project is not in conflict with the intent or requirements of any financial assistance agreement entered into with a public agency, nonprofit or private entity, used to construct or operate the senior housing project.

(g)

All required notices were given, including those required by Government Code § 65995.2 [relating to school impact fees for mobile home conversions], and Civil Code § 798.25 [relating to six-month notice of changes of regulations of mobile home parks].

(h)

The applicant has complied with all actions required by the California Environmental Quality Act (Public Resources Code § 21000 et seq.) including any duty to prepare environmental documents and/or mitigate impacts were sufficiently completed. These impacts may include, but are not limited to: impacts to traffic, public transportation, noise, park space, and vehicle parking.

(Ord. No. 1826, § 3(Exh. A), 4-13-10)

An application for a conversion permit shall be filed with the director or the director's designee by the property owner or an authorized agent on a form(s) prescribed by the director, and shall include information, technical reports, and/or maps which are deemed by the director to be necessary to enable the approving authority to make the required findings. The director or the director's designee shall make available, in writing, a listing of the information and/or maps which are required to be submitted. Concurrent applications may be filed and processed.

(Ord. No. 1826, § 3(Exh. A), 4-13-10)

(a)

An application fee for a conversion permit shall accompany the application submittal requirements which are filed with the director. The fee(s) shall cover the costs of processing the applications in accordance with a schedule adopted from time to time by city council resolution.

(b)

Application fee refunds shall be authorized by the director for applications that are withdrawn upon written request and proof of payment by the applicant, in accordance with a refund schedule adopted from time to time by city council resolution. Applications which have been deemed inactive for a period in excess of 12 months, are also considered withdrawn, and may be subject to a refund.

(c)

Portions of application fees paid to another jurisdiction or agency for services to be rendered in connection with the application shall not be refunded by the city. Nothing contained in this section shall prohibit another jurisdiction or agency from refunding fees directly to the applicant. If fees have been paid out to another jurisdiction or agency, the administrative fee related to coordinating the review of applications by other jurisdictions or agencies is nonrefundable.

(Ord. No. 1826, § 3(Exh. A), 4-13-10)

The director shall investigate and prepare a written report on all applications. Copies of the report shall be provided to the approving authority and the applicant at least three calendar days prior to a hearing on the application.

(Ord. No. 1826, § 3(Exh. A), 4-13-10)

(a)

Responsible parties. The director in the case of the planning commission and city clerk in the case of the city council, shall set the time and place of the required public hearings. The hearing body, i.e., the commission, or council may change the time or place of their hearing, or may continue their hearing from time to time.

(b)

Public hearing notice. Notice of public hearings shall be given in accordance with Title 7 of the California Government Code, as amended, except as indicated below:

(1)

For applications that have adjacent parcels which are five acres or larger the notification radius shall be 1,000 feet up to a maximum of 25 lots, whichever is greater.

(2)

For applications that the director deems to have greater effect than the normal 300-foot radius, the director may increase the notification radius to 1,000 feet or other appropriate distance.

(Ord. No. 1826, § 3(Exh. A), 4-13-10)

(a)

Planning commission. The planning commission shall be responsible for the review and approval of conversion permits.

(b)

City council. The city council shall be responsible for the review and approval of conversion permits only upon appeal by an interested party when an appeal is filed in accordance with section 90-552.

(Ord. No. 1826, § 3(Exh. A), 4-13-10)

No conversion permit shall be issued unless all the findings required by section 90-545 were made.

(Ord. No. 1826, § 3(Exh. A), 4-13-10)

An appeal of a planning commission decision may be made by an interested party to the city council. The appeal shall be filed within ten calendar days of the commission decision by filing a letter of appeal with the director. The director shall schedule the appeal for a hearing before the city council within 30 calendar days. The council may affirm, modify or reverse any planning commission decision, making findings required by this chapter and/or state law. The decision of the city council shall be final.

(Ord. No. 1826, § 3(Exh. A), 4-13-10)

An application for a conversion permit on the same property or substantially the same property following the same request, shall not be accepted within one calendar year of the date of denial.

(Ord. No. 1826, § 3(Exh. A), 4-13-10)

A conversion permit approval shall expire 24 months after final approval unless:

(a)

The new use has commenced, or

(b)

Where improvements are required, construction has commenced, or

(c)

An application for a time extension is filed prior to the expiration and the planning commission granted the application. If an application for extension is filed prior to the expiration, one additional year may be granted by the planning commission.

(Ord. No. 1826, § 3(Exh. A), 4-13-10)

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

(Ord. No. 1826, § 3(Exh. A), 4-13-10)

Approved conversion permit applications run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the application. All conditions of the application shall continue to apply to the new owner.

(Ord. No. 1826, § 3(Exh. A), 4-13-10)

(a)

Suspension for violation. Upon violation of any applicable provision of this article, or, if the application was granted subject to conditions, upon failure to comply with conditions, the application shall automatically be suspended. The approving authority shall, within 40 calendar days of the suspension of the conversion permit, hold a hearing in accordance with the requirements of section 90-548.

(b)

Revocation. If after the hearing the approving authority is not satisfied that the regulation, general provision, or condition for which compliance is required is being met, the following actions shall be taken:

(1)

The permit may be revoked and become null and void; or

(2)

The approving authority may take such action as deemed necessary and appropriate to ensure compliance with the regulation, general provision or condition; or

(3)

New requirements and/or conditions may be added. Action of the approving authority shall be final within ten calendar days unless appealed in accordance with the procedures of section 90-552.

(Ord. No. 1826, § 3(Exh. A), 4-13-10)