Council pauses Ramona Plaza parcel map over disputed utility-undergrounding condition

Hemet City Council continued consideration Sept. 23 of an appeal tied to a proposed subdivision of the Ramona Plaza shopping center after hearing legal and practical objections to Condition 22, which requires undergrounding existing overhead utility lines.

Community Development Director Monique Galenese Slater told council the Planning Commission had approved a tentative parcel map on Aug. 19 to subdivide three parcels into 10 parcels on roughly 7.25 acres at the northeast corner of San Jacinto Street and Florida Avenue. Condition 22, she said, requires placement of existing overhead utility lines underground for subdivisions per Hemet Municipal Code Section "80 two-one 172." Staff said the code also provides an in-lieu fee where undergrounding imposes a financial hardship and noted that Resolution No. 4,770 establishes specific in-lieu rates.

The applicant’s attorney, Greg Wyler, told council his client believes the undergrounding requirement lacks the legal nexus required by federal and state constitutional takings jurisprudence because the parcel map does not change physical conditions or intensify utility demand. Wyler provided preliminary cost estimates (staff said estimates required additional verification) and suggested a modification: remove Condition 22 as a precondition for approval but require undergrounding or payment of an in-lieu fee only if and when any future discretionary project would materially alter the property and thereby create the nexus for the exaction.

Staff described the in-lieu fee schedule adopted by resolution: $280 per linear foot for electrical lines, $35 per linear foot for each additional utility cable co-located within electrical lines, and $65 per linear foot for non-electrical utilities not located within electrical lines. Staff said the applicant submitted an initial cost estimate but had not provided full documentation for engineering-verification and that public-works staff were prepared to work with the applicant on a verified cost analysis.

Multiple council members questioned both the logic of subdividing a long-standing shopping center into many separate parcels and the timeframe for required improvements; condition language requires recordation of the final map within 24 months of approval and the conditions require improvements prior to final map approval. Councilmembers pressed the applicant on who might buy or occupy separate parcels and said enforceable CC&Rs and a management structure should be drafted to ensure long-term maintenance and collective enforcement. Councilmember Clark stated she opposed dividing the property into as many as seven or more separately owned parcels, citing management and enforcement challenges.

Given the legal and drafting issues, council voted unanimously to continue the public hearing to Oct. 14, 2025, and directed staff to work with the applicant to produce specific revised language for Condition 22 and for CC&Rs that explicitly permit city enforcement (including attorney-fee provisions) and clarify timing for required improvements.

Why this matters: The decision affects a large, centrally located shopping center and sets the procedural and financial precedent for how Hemet enforces undergrounding of utilities on parcel subdivisions. The outcome will affect property owners’ costs, future tenant ownership options and the city’s ability to secure long-term maintenance commitments.

Ending: The council set Oct. 14, 2025, as the date to revisit the appeal after staff and the applicant return with verified cost analyses and proposed replacement language for Condition 22 and CC&Rs.