The purpose of the commercial zones is to:

(1)

Comply with the City of Hemet General Plan and the overall objectives stated in section 90-1 relating to the purpose of the zoning ordinance;

(2)

Provide appropriately located areas for retail stores, service and amusement establishments, offices and general commercial businesses;

(3)

Provide commodities and services needed by residents and visitors to the city and the surrounding market area;

(4)

Provide adequate space for modern commercial development, including off-street parking, loading and landscaping;

(5)

Protect commercial properties and adjacent residential properties from nuisance activity, noise, odors, smoke, dirt, vibration, glare, fire, explosion, noxious fumes, unsightliness and other hazards or objectionable influences;

(6)

Minimize traffic congestion;

(7)

Encourage land uses that support business activity and provide amenities that increase economic potential;

(8)

Implement the neighborhood commercial, community commercial, regional commercial, and mixed use land use designations of the general plan.

(Ord. No. 1837, § 1(Exh. B), 6-14-11; Ord. No. 1929, § 1(Exh. A-1), 6-13-17)

The commercial zones are established in accordance with the standards of this article and as shown on the official zoning map pursuant to section 90-6. The Acacia-Sanderson Overlay Zone, a commercial zone established to allow for the provision of general commercial and commercial manufacturing uses in a specified area, is located in article XXVII overlay zones, division 1.

(1)

O-P office professional zone: To provide appropriately located areas for professional/administrative offices and personal services and other ancillary uses for businesses.

(2)

C-1 neighborhood commercial zone: To provide appropriately located areas for retail stores, offices and service establishments to primarily serve residents of the immediate area, which are generally compatible with adjacent residential zones.

(3)

C-2 general commercial zone: To provide appropriate areas in the locations as shown on the general plan for the development of commercial districts having a wide range of offices, services, retail stores, recreation and transient accommodations.

(4)

C-M commercial manufacturing zone: To reserve appropriately located areas for desirable mixes of retail or wholesale outlets and other commercial uses, warehousing and distributing uses, and light manufacturing uses, all of which will be compatible with one another.

(Ord. No. 1929, § 1(Exh. A-1), 6-13-17; Ord. No. 1949, § 9(Exh. A, 9), 9-25-18)

Editor's note— Ord. No. 1929, § 1(Exh. A-1), adopted June 13, 2017, added a new § 90-892, consequentially renumbering the former 90-892 as 90-893. The historical notation remains with the affected section.

In the OP, C-1, C-2, and C-M zones, permitted and conditionally permitted uses shall be as listed within the "land use matrix."

(1)

Whenever a business is conducted, a city business license is required pursuant to chapter 18.

(2)

Additional Municipal Code requirements and standards may apply to specific land uses as identified in the land use matrix under "additional requirements."

(3)

All other uses not specifically listed in the matrix shall be interpreted as not permitted unless a similar use determination is made by the director pursuant to section 90-3.

(4)

The definitions of section 90-4 shall apply. Uses not defined in section 90-4 shall be as determined by the director.

(Ord. No. 1837, § 1(Exh. B), 6-14-11; Ord. No. 1852, § 4(Exh. D), 6-12-12; Ord. No. 1855, § 3(Exh. B, § 3), 9-11-12; Ord. No. 1857, § 2, 9-25-12; Ord. No. 1858, § 2(Exh. B(A)), 1-22-13; Ord. No. 1866, § 2(Exh. B), 7-23-13; Ord. No. 1867, § 2(Exh. A2), 8-13-13; Ord. No. 1892, § 1(Exh. A3), 12-9-14; Ord. No. 1909, § 1(Exh. D), 1-12-16; Ord. No. 1919, § 1(Exh. 5), 9-27-16; Ord. No. 1929, § 1(Exh. A-1), 6-13-17; Ord. No. 1943, § 1(Exh. B), 2-27-18; Ord. No. 1944, § 1(Exh. C), 2-27-18; Ord. No. 1949, § 9(Exh. A, 9), 9-25-18; Ord. No. 1957, §§ 4, 5, 6-11-19; Ord. No. 1969(2020-008), § 4, 5-12-20; Ord. No. 1972, § 2, 2-9-21; Ord. No. 1982, § 2, 9-28-21; Ord. No. 1984, §§ 3, 4, 12-14-21; Ord. No. 2030, § 2, 2-27-24; Ord. No. 2034, § 2, 6-11-24; Ord. No. 2043, § 2, 8-13-24)

Editor's note— See the note to § 90-892.

(a)

New development projects in the commercial zones are subject to pre-application review as provided in section 90-49 and site development review as provided in section 90-48. Development of the site and structures shall be consistent with all applicable design guidelines.

(b)

Development projects established within the boundaries of the Hemet-Ryan Airport Influence Area are subject to the requirements of the city's general plan and the Hemet-Ryan Airport Land Use Plan.

(c)

Prior to the construction of any building or structure, a building permit shall be required in accordance with the latest city-adopted uniform building code. The following are minimum development requirements, unless otherwise noted, and shall apply to all land, buildings and structures in their respective zones. All area dimensions are in square feet, unless otherwise noted.

(d)

New uses, structures, and centers shall provide and maintain landscaping in compliance with the provisions of this article, the city's design guidelines, and article XLVII of this chapter.

(e)

Existing structures and uses that upgrade their façades or floor area by 40 percent or greater shall provide and maintain landscaping and irrigation in compliance with the provisions of this article and article XLVII, to the satisfaction of the director. If the existing physical constraints on the site limit the amount of landscaping that can be provided, the applicant shall provide the maximum additional landscaping the site can accommodate to fulfill the landscape area requirements of this article.

(f)

Existing structures and uses shall maintain their façades, parking lots, sidewalks, landscaping, and other features visible from a public right-of-way in a manner aesthetically pleasing, in good repair, complementary to the uses in the immediate vicinity, and in accordance with Municipal Code standards.

(g)

The following are minimum requirements unless otherwise noted and shall apply to all land, building and structures in their respective zones. All area dimensions are in square feet, unless otherwise noted. All linear dimensions are in linear feet, unless otherwise noted.

(Ord. No. 1837, § 1(Exh. B), 6-14-11; Ord. No. 1900, § 5(Exh. 2), 4-14-15; Ord. No. 1929, § 1(Exh. A-1), 6-13-17; Ord. No. 1949, § 9(Exh. A, 9), 9-25-18; Ord. No. 1985, § 1, 12-14-21)

(a)

The commercial design guidelines as established by resolution of the city council are applicable to all new commercial development to complement the mandatory standards in this article. Where there is a conflict or lack of clarity, the provisions of this article shall apply.

(b)

Measurement of yards. A required yard or other open space around an existing or proposed building shall not be used to meet a required yard or other open space for any other building on an adjoining lot or building site.

(c)

Building additions. Subject to site development review pursuant to section 90-48, additions to an existing, legally constructed structure or center may be permitted. The building addition shall not exceed 40 percent of the floor area of the existing structure or center and the coverage requirements of the zone.

(d)

Height and floor area ratio exceptions.

(1)

Structures permitted above a specified height limit may be erected as follows: Structures or walls for the housing of elevators, stairways, tanks, ventilating fans or similar structures, skylights, towers, steeples, flagpoles, chimneys, smokestacks, wireless masts, radio and television masts, water tanks, silos or similar structures, provided that no roof structure, as listed in this subsection, or any space above the height limit specifically prescribed for particular zones, shall be allowed or used for the purpose of providing usable floor space in excess of that reasonably required to maintain such structures and shall not be used for signage.

(2)

For properties within the C-M (commercial manufacturing zone), the reviewing authority may authorize a ten percent increase in the maximum building height for structures that are setback a minimum of 100 feet from a residential use or zone, not including signs.

(3)

The placement of windows on upper floor levels shall be oriented towards the street if greater than 35 feet in height and the property abuts a residential use or zone.

(4)

Buildings that exceed the maximum height of the zone in which the use is proposed by 20 percent or less may be considered with the processing of an administrative adjustment permit pursuant to section 90-45, et al of this chapter. Buildings that exceed the maximum height by more than 20 percent may be permitted up to 50 feet in height with the approval of a conditional use permit pursuant to section 90-42 of this chapter. In addition to the findings required to grant a conditional use permit, the planning commission must also find that:

a.

The proposed use is a hotel, medical facility, or unique use for which the proposed height is consistent with industry standards.

b.

The proposed height does not exceed 50 feet and will not result in a building or site design that detrimentally impacts the sun exposure, air circulation, or privacy of adjacent land uses.

c.

The proposed height exception is appropriate and necessary for site development and contributes to the commercial development goals of the city.

(5)

A development project that proposes to increase the maximum allowable floor area ratio by ten percent or less may be considered with the processing of an administrative adjustment permit pursuant to section 90-45, et al of this chapter. A project that proposes to exceed the floor area ratio by more than ten percent to a floor area ratio maximum of 1.0 may be permitted with the approval of a conditional use permit pursuant to section 90-42 of this chapter and subject to the following supplemental findings:

a.

The proposed use is a hotel, medical facility, or unique use for which the proposed floor area ratio is consistent with industry standards.

b.

The proposed project is located within the community commercial land use designation of the general plan and the proposed floor area ratio does not exceed 1.0.

c.

The proposed floor area ratio will not negatively impact infrastructure, municipal services, or the character of the area surrounding the project site.

(e)

Accessory structures.

(1)

No accessory structure shall be located without an approved primary use and shall be architecturally compatible.

(2)

An accessory structure is as defined in section 90-4. An accessory structure greater than 120 square feet is required to obtain a building permit.

(3)

Separation between buildings is subject to the requirements of the latest city-adopted uniform building code.

(4)

Accessory structures are included in the lot coverage percentage and shall meet the required setbacks of the zone in which they are located.

(f)

Exterior lighting. All lighting shall be directed away from nearby residential zones and shall be shielded or directed so as to keep lighting within the boundaries of the site.

(g)

Service and refuse areas. All service areas, refuse collection areas and trash bins shall conform with the setback requirements and shall be completely screened by a solid fence or wall, or shall be enclosed within a building in accordance with the adopted standards of the city.

(h)

Landscaping. The following features shall be incorporated into the design of landscaped areas and shall comply with the provisions of article XLVIII.

(1)

Landscaping shall be planned as an integral part of the overall project design.

(2)

Landscaping may include ground cover, trees, shrubs, lawn, and other live plant materials. An appropriate mix of plant materials shall be provided with a maximum of 30 percent of the landscape area planted in turf grass. Landscaping may also include a limited amount of decorative hardscape elements.

(3)

Front setbacks and side setbacks abutting a street shall be landscaped and maintained. Trees planted near public sidewalks or curbs shall be of a species and installed in a manner that prevents physical damage to sidewalks, curbs, gutters, and other public improvements. Trees planted within the public right-of-way shall be in conformance with the city's street tree list and planting standards.

(4)

Sidewalks and walkways providing pedestrian access shall be considered in the design of all landscaped areas. Plants shall be located to not interfere with pedestrian visibility, access, or safety.

(5)

Trees and shrubs shall be planted and maintained so that at maturity they do not interfere with service lines and traffic visibility areas. Landscaping over 30 inches in height shall not be allowed within a traffic visibility area formed by the intersection of public right-of-way, parking lot entrances and exits, pedestrian right-of-way, driveways, or alleys.

(i)

Walls, fencing, and screening. The following features shall be incorporated into project design and in accordance with the commercial design guidelines.

(1)

General.

a.

No block walls, opaque fencing, chain link, wrought iron, or landscape screening shall be placed within any required front or street side setback unless otherwise allowed by this chapter.

b.

A six-foot high masonry wall or other solid material shall be located on the rear lot line, unless otherwise deferred as part of a site development plan approval.

c.

A six-foot high wall or wrought iron fence may be located on the interior side lot line up to front setback. Walls or fencing perpendicular to a street or right-of-way shall not exceed four-feet in height for the ten-feet closest to the setback. Chain link fencing is prohibited except for temporary uses, construction sites, or to provide security on vacant lots.

(2)

Adjacent to residential. When a site adjoins a single-family zone, or a site general planned for low density single-family use, a solid masonry wall six feet in height shall be located adjoining the property line, except adjoining a required front yard; and an area at least ten feet in depth adjoining the property line shall be landscaped with live plant material, including trees.

(3)

Screening of outdoor storage. For uses where outdoor storage is allowed, it shall be screened by a six-foot high wall, fence or as approved by the director.

(4)

Security fencing.

a.

Wrought iron or similar fencing may be considered within the required front or street side setback area pursuant to review and approval by the director.

b.

The director may approve an additional two feet in height to a maximum of eight feet to the required rear yard wall or the permitted interior side yard fencing or wall.

(5)

Screening of roof-mounted equipment. All roof mounted equipment shall be screened from general view by the public and from public streets and parking lots.

(6)

Exception for chain link fencing in the commercial-manufacturing (C-M) zone.

a.

Notwithstanding any other provision of this section, high-quality chain link fencing may be permitted on properties located within the commercial-manufacturing (C-M) zone, subject to administrative review and approval by the community development director.

b.

Approval of chain link fencing under this subsection shall be subject to the following conditions:

1.

The fencing shall be constructed of high-quality, coated, and durable materials designed to provide enhanced security and aesthetic compatibility with the surrounding area, as determined by the community development director. Acceptable materials may include, but are not limited to, vinyl-coated or powder-coated chain link with decorative elements.

2.

If the fencing is within the front or street side setback, the community development director shall consider requiring enhanced decorative elements such as tubular steel framing, ornamental posts, or integrated landscaping designed to minimize visual impact.

3.

The height of the chain link fencing shall comply with the maximum height limitations established in this section.

4.

Where chain link fencing is proposed adjacent to a residential zone or a site designated for low-density single-family use, the community development director shall consider requiring additional screening elements, such as hedges, slats, or masonry pilasters, to mitigate visual and aesthetic impacts.

5.

The applicant shall submit detailed plans, including materials, height, location, and any proposed enhancements, for review and approval by the community development director. The director may impose additional conditions or modifications to ensure compatibility with the intent of this section and the commercial design guidelines.

6.

The use of wood, plastic, or other type of slat material shall not be used on perimeter fencing in view from a public right-of-way.

7.

The use of privacy screening cloth or shade cloth shall not be used for any purpose other than temporary construction.

(Ord. No. 1553, § 2, 1-28-97; Ord. No. 1581, § 2, 2-24-98; Ord. No. 1591, § 1(5), 9-29-98; Ord. No. 1642, § 2, 4-10-01; Ord. No. 1929, § 1(Exh. A-1), 6-13-17; Ord. No. 1949, § 9(Exh. A, 9), 9-25-18; Ord. No. 1971, §§ 1—3, 1-12-21; Ord. No. 1985, § 2, 12-14-21; Ord. No. 2057, § 2, 5-27-25)

(a)

Color selection.

(1)

Exterior façade colors of structures developed within commercial and industrial zones shall be low reflectance, subtle, neutral or natural colors and in accordance with the city's approved color palette. The use of bright or fluorescent colors is prohibited. The city-approved color palette is maintained at the planning department.

(2)

Trim and accent areas of the building façade may feature brighter or more intense colors, as approved by the director.

(3)

The transition between base and accent colors shall relate to changes in building materials or the change of building surface planes. Colors should not meet or change without some physical change or definition to the surface plane.

(b)

Permit required. Except as specifically provided in this article, no person shall paint the exterior of any commercially zoned building within the city, without having first obtained an appropriate permit therefor from the planning department.

(c)

Application. An application for an exterior paint permit shall provide the following information:

(1)

The name, address and telephone number of the applicant.

(2)

The address of the subject property.

(3)

Samples of proposed colors, indicating the manufacturer, the name of the color and serial number.

(d)

Permit fee. There shall be no fee required for the exterior paint permit.

(e)

Appeal. The decision of the director or designee may be appealed to the planning commission by the applicant as follows:

(1)

Any decision made pursuant to the provisions of this article by the planning director shall become final upon the expiration of ten days from the date such decision is served on the applicant, unless an appeal to the planning commission is filed prior to the expiration of such period of time. If such appeal is filed timely, all action shall be stayed until the appeal is finally decided.

(2)

Any appeal brought pursuant to this section shall be submitted on an application form to be provided by the planning department, and shall be filed with the planning department. All portions of the application shall be substantially completed. Each application of appeal shall be verified. If the application form is not sufficiently completed, the planning department shall return such application to the applicant, indicating the portions requiring additional completion. If the application is not returned to the planning department within ten days of the time mailed, the appeal shall be deemed waived. The planning department shall initiate an investigation of each point covered in the application, and shall prepare recommendations for consideration by the planning commission. An appeal hearing shall be set before the planning commission, and the applicant shall be notified of the hearing date.

(3)

The planning commission shall hear the testimony of the applicant, the recommendations of staff, and other testimony deemed relevant. The planning commission may grant the appeal upon finding that either the colors are in conformance with subsection (a) of this section, the colors are aesthetically pleasing and an improvement to the aesthetics of the structure and its immediate vicinity, or there are special circumstances that warrant more intense colors such as distance of the building from the public right-of-way and that the colors will not be detrimental to the surrounding businesses or neighborhood.

(4)

The decision of the planning commission shall become final within ten days, unless an appeal to the city council is filed prior to the expiration of said period of time. If such appeal is filed in a timely manner, all action shall be stayed until the appeal is ruled upon. Upon receipt of the appeal, the city clerk shall set the appeal for public hearing before the city council, and will notify the applicant not less than ten days before said hearing date. The city council shall review all decisions made on the case, as well as hear other testimony deemed relevant. The decision of the city council shall be in the form of a resolution and shall be final.

(f)

Compliance. The provisions of this section shall apply to all new construction and repainting proposed after the adopted ordinance.

(Ord. No. 1642, § 2; Ord. No. 1646, § 1; Ord. No. 1929, § 1(Exh. A-1), 6-13-17)

(a)

Applicability. The provisions of this section shall apply to newly established land uses as well as expansion or modification to existing uses, buildings, or other features of the site layout. The development standards contained in this section are in addition to the requirements of the applicable zone district and to any requirements that may be imposed through a conditional use permit, administrative use permit, or site development review, as applicable.

(b)

Automotive maintenance and repair services—Major and minor.

(1)

Service bays and other service areas shall be oriented toward interior side yards and rear yards and away from streets, adjacent properties, and public views, whenever possible. If the only feasible orientation for a bay is toward a street or other area visible to the general public, the bay shall be screened to the satisfaction of the director.

(2)

Repair activities and vehicle loading and unloading is prohibited on adjoining streets and alleys.

(3)

All repair activities and operations shall be conducted entirely within an enclosed structure.

(4)

The outdoor parking of vehicles waiting for repair shall not exceed five days, shall be screened from public view, and shall not impede on customer parking areas.

(5)

An acoustical analysis shall be prepared for any new or expanded facility proposed adjacent to residences or residentially-zoned parcels. The acoustical analysis shall be prepared prior to project approval and shall meet the land use compatibility standards of the general plan, with mitigation if necessary to reduce off-site noise impacts.

(c)

Gas station.

(1)

Minimum site area shall be 20,000 square feet.

(2)

The site shall front on a major or secondary street.

(3)

The site shall not directly adjoin a residential land use zone, or be located across the street from a residential zone where homes front on the street, unless substantial buffering or setbacks are provided to minimize the effect of any nuisance activity, lights, glare, noise, or emissions to the adjacent residential uses.

(4)

Allowable accessory uses, if permitted or conditionally permitted by the respective zone and subject to its provisions:

a.

Convenience store.

b.

Car wash.

c.

Drive-through.

d.

Automotive maintenance and repair services.

(5)

Use limitations:

a.

Outside operations shall be limited to the dispensing of petroleum products, water, and air.

b.

Outside storage of motor vehicles is prohibited.

c.

No vehicles may be parked on sidewalks, parkways, driveways, or alleys.

d.

No vehicle may be parked on the premises for the purpose of offering for sale.

e.

Noise from bells or loudspeakers shall not be audible beyond the property line at any time.

(6)

Access and driveway standards:

a.

The maximum number of points of ingress/egress to any one street shall be two, subject to approval of the city engineer.

b.

There shall be a minimum of 75 feet between curb cuts along a street frontage.

c.

No driveway shall be located closer than 150 feet to the curb return of the intersection.

(7)

Parking shall be pursuant to subsection 90-1423(b)(10).

(8)

The gas station shall be integrated with the overall project site design and complementary to the adjacent uses pursuant to the design standards of the zone district.

(d)

New and used vehicle sales or leasing including automobiles, motorcycles, and marine that includes an exterior display area.

(1)

Minimum site area shall be 40,000 square feet; except the minimum site area for motorcycle sales only shall be 20,000 square feet.

(2)

All vehicles associated with the business shall be displayed, parked or stored on-site on paved surfaces only and not in adjoining parkways, streets or alleys.

(3)

All parts and accessories shall be stored within a fully enclosed structure.

(4)

No vehicle repair or service work shall occur outside of a fully enclosed structure.

(5)

Service bays and other service areas shall be oriented toward interior side yards and rear yards and away from streets, adjacent properties, and public views, whenever possible. If the only feasible orientation for a bay is toward a street or other area visible to the general public, the bay shall be screened to the satisfaction of the director.

(6)

All loading and unloading of vehicles shall occur on-site and not in adjoining public rights-of-way.

(7)

Noise levels including intercoms and paging systems shall be maintained at a level that does not extend beyond the property line to adjacent uses.

(e)

Conversion of large retail commercial buildings.

(1)

Applicability. This section shall only apply to large retail commercial buildings (LRCBs). This section shall not apply to large retail commercial buildings that, as of the effective date of the ordinance from which this section derives, are already being used for a use other than a major retail commercial use (as defined in subsection (e)(2) of this section), including, without limitation, offices, manufacturing, or warehouses.

(2)

Definitions. As used in this section, the following terms shall have the following meanings:

Major retail commercial use means the retail selling (or membership wholesale selling) of new goods and merchandise for consumption by the general public within a regional or sub-regional marketing base, including, without limitation, department stores, apparel, electronics, appliances, home goods, home improvement, furniture, office supply, supermarkets, sporting goods, bookstores, factory outlets, and other general retail or membership stores.

Large retail commercial building or LRCB means an existing building in the C-1, C-2, C-M, SP, or PCD zone that has a gross floor area of 30,000 square feet or more, and that is currently being used for a major retail commercial use or is currently vacant.

LRCB inventory and retail use analysis means an inventory of existing and approved large retail commercial buildings within the city and an analysis of whether conversion of the large retail commercial building would create a detrimental decrease in the supply of large retail commercial buildings and the resultant fiscal effect, if any.

(3)

Permit required. Notwithstanding any other provisions of chapter 90 of the Hemet Municipal Code, any person seeking to convert a large retail commercial building to any use other than a major retail commercial use must apply for and obtain a conditional use permit pursuant to article II, section 90-42 of chapter 90 of the Hemet Municipal Code prior to making any modifications to the large retail commercial building and/or occupancy of the large retail commercial building. All of the procedures contained in article II, section 90-42 shall apply to conditional use permits applied for or obtained pursuant to this section.

(4)

Findings. In addition to the findings required to grant a conditional use permit contained in section 90-42.5, the planning commission must also find that:

a.

The conversion will not create or contribute to a shortage of large retail commercial buildings within the city available for major retail commercial uses relative to the demand for such uses as exists on the date that the conversion application is deemed complete by the city.

b.

The conversion will not detrimentally alter the character of the area surrounding the large retail commercial building.

c.

The conversion of the large retail commercial building contributes to the logical development of the site and surrounding area, provides needed infill development, and is compatible with the goals, policies and land uses contemplated in the general plan, and is consistent with all zoning and building code requirements for the proposed use.

d.

The issuance of the conditional use permit complies with CEQA, including the preparation of an appropriate environmental document if required.

(5)

Required submittals. In addition to the information required to be submitted by section 90-42, an applicant for a conditional use permit governed by this section shall also prepare and submit an existing LRCB inventory and retail use analysis and such other information as the community development director may determine is reasonably necessary for the city to make an informed decision on the conversion, including all impacts on the environment.

(f)

Outdoor display. Outdoor display of goods, materials or supplies is prohibited in the commercial zones except as follows:

(1)

A temporary use permit has been obtained pursuant to section 90-73 of this chapter.

(2)

An administrative or conditional use permit has been obtained for the display of goods that are integral to a business' primary use and are normally found outdoors (e.g., plants and garden materials) in a designated display area. The display area is included in the coverage percentage and must not displace required parking spaces.

(3)

The location, use, and design of the outdoor display area has been included in the site development review or conditional use permit, or administrative use permit approval process.

(g)

Car wash—Self or full-service. No new car wash facility offering hand and/or mechanical washing shall be approved in any commercial zone at any time following the effective date of this section. This prohibition includes any self-service or full-service commercial washing, detailing, waxing, or cleaning vehicles.

Any car wash that was lawfully constructed, or approved with a conditional use permit prior to the effective date of this section, shall be legal nonconforming. A valid previously approved car wash shall be allowed to submit amendments to the approved conditional use permit to modify the previously approved car wash, subject to the review and discretion of the planning commission.

(Ord. No. 1642, § 2; Ord. No. 1657, § 1; Ord. No. 1741, § 1; Ord. No. 1866, § 2(Exh. A), 7-23-13; Ord. No. 1903, § 2(Exh. 1), 8-11-15; Ord. No. 1929, § 1(Exh. A-1), 6-13-17; Ord. No. 2043, § 2, 8-13-24)

(a)

Limitation on continuous and cumulative occupancy of hotels and motels. It shall be unlawful for any hotel or motel, as defined in section 90-4 of this Code, to rent or let, or otherwise provide, any room therein to any person, firm, partnership, corporation, association or other business entity for 30 or more consecutive days, or for more than 60 total days in any 180 consecutive day period, unless such hotel or motel complies with all development standards set forth in subsection (c) of this section and a conditional use permit has been obtained pursuant to section 90-42 of the Hemet Municipal Code.

(b)

Maximum occupancy time periods. No room may be rented, let or otherwise provided to any party, or member of that party, who has occupied the room for the maximum allowable time periods allowed by this section.

(1)

Each hotel and motel shall maintain daily written records reflecting the renting, letting, or other provision of any of its rooms, including but not limited to, check-in and check-out dates of each person who rents, lets, or is otherwise provided a room. Unless payment for the room is made by check or credit card, such records shall also include the name and home or business address and telephone number of each such person. The required records shall be maintained for no less than one year, or for such longer period as may be prescribed by law, and shall be available for review by city representatives during normal business hours.

(2)

Except as otherwise provided by law, each hotel or motel shall post a legible copy of the text of this section in an open and conspicuous place within the lobby public area, and in each room available for rent.

(3)

Any property left in a room by a person or party that has checked out shall be removed by the operator of the hotel or motel and stored or otherwise disposed of in accordance with applicable laws.

(c)

Development standards and guidelines. Any hotel or motel applying for a conditional use permit to meet or exceed the 30 or 60 day occupancy limit set forth in subsection (a) shall comply with all of the following.

(1)

The hotel or motel must have a minimum of 40 guest rooms.

(2)

Meeting the intent of this chapter. It is the intent of this section to provide assurances that extended stay hotels/motels (defined as stays longer than 30 consecutive days) provide amenities for guests that are conducive to extended stay living. Upon application for any conditional use permit, the applicant shall provide a list of amenities and design considerations that allows the planning commission to find that the intent of this chapter is met. Amenities may include, but not be limited to, items such as:

a.

Fireproof safety deposit boxes

b.

In-room telephone services.

c.

Daily service with central maid, mail, and room services.

d.

Restaurant(s) either on the property or within walking distance (usually defined as within ¼ mile of the site).

e.

Provision of laundry services or a laundry room.

(3)

Amortization period for legal non-conforming issues. No hotel or motel operating in violation of this article at the time of its enactment shall be required to comply with the terms of this article for a period of six months after its enactment and any value attributable to such prior legal non-conforming use shall thereby be deemed to have been fully amortized after such time at no cost to the city.

(Ord. No. 1716, § 1)

Appeal of a decision of the planning commission or the director or designee may be made pursuant to section 98-48(6), unless an appeal procedure is otherwise stated.

(Ord. No. 1929, § 1(Exh. A-1), 6-13-17)

Editor's note— Ord. No. 1929, § 1(Exh. A-1), adopted June 13, 2017, repealed §§ 90-900—90-902, which pertained to the Acacia/Sanderson Overlay Zone and derived from Ord. No. 1808, § 3(Exh. A), adopted Nov. 25, 2008; and Ord. No. 1903, § 2(Exh. 1), adopted Aug. 11, 2015. For similar provisions see article XXVII, division 1.