CITY OF CALIMESA Zoning Code... · City of Calimesa Zoning Code Acknowledgements Calimesa City Council Jeff Hewitt, Mayor Joyce McIntire Ella Zanowic

CITY OF CALIMESAZONING CODE

FEBRUARY 2016

FEBRUARY 2016

CITY OF CALIMESAZONING CODE

This document is available for electronic download athttp://cityofcalimesa.net

City of Calimesa908 Park Avenue

Calimesa, CA 92320909.795.9801

Prepared by

Michael Baker International

City of Calimesa Zoning Code

Acknowledgements

Calimesa City Council

Jeff Hewitt, Mayor

Joyce McIntire

Ella Zanowic

William Davis

Jim Hyatt

City Staff

Bonnie Johnson, City Manager

Bob French, Public Works Director

Darlene Gerdes, City Clerk

Calimesa Planning Commission

Larry LaRock

John Keith

Mike Brittingham

Dan Rush

Charles Hurt

Zoning Code Preparation Staff

Sara Allinder

Eric Norris

Kanika Kith

Michele Mattei

City of Calimesa Zoning Code, Title 18

TABLE OF CONTENTS Chapter 18.05 General Provisions

18.05.010 Title. ................................................................................................................................... 18.05-1

18.05.020 Purpose. ............................................................................................................................. 18.05-1

18.05.030 Authority. ........................................................................................................................... 18.05-2

18.05.040 Applicability. ...................................................................................................................... 18.05-2

18.05.050 Interpretation of title provisions. ...................................................................................... 18.05-2

18.05.060 Conflicting regulations. ...................................................................................................... 18.05-3

18.05.070 Calimesa General Plan. ...................................................................................................... 18.05-3

18.05.080 Zone districts established. ................................................................................................. 18.05-4

18.05.090 Official zoning map. ........................................................................................................... 18.05-5

18.05.100 Filing of official zoning map. .............................................................................................. 18.05-5

18.05.110 Revisions to and amendment of official zoning map. ........................................................ 18.05-5

18.05.120 Interpretation of official zoning map. ................................................................................ 18.05-5

18.05.130 City to be held harmless. ................................................................................................... 18.05-6

18.05.140 Statute of limitations. ........................................................................................................ 18.05-6

Chapter 18.10 Definitions

18.10.010 General ............................................................................................................................... 18.10-1

18.10.020 Definitions .......................................................................................................................... 18.10-1

Chapter 18.15 Administrative Provisions

18.15.010 Purpose. ............................................................................................................................. 18.15-1

18.15.020 Application. ........................................................................................................................ 18.15-2

18.15.030 Building permits. ................................................................................................................ 18.15-2

18.15.040 Certificates of occupancy. .................................................................................................. 18.15-3

18.15.050 Conditional use permits. .................................................................................................... 18.15-3

18.15.060 Zoning code amendments. ................................................................................................ 18.15-6

18.15.070 Enforcement. ..................................................................................................................... 18.15-7

18.15.080 Hearings and appeals. ........................................................................................................ 18.15-8

18.15.090 Home occupation permits. .............................................................................................. 18.15-11

18.15.100 Minor adjustments. ......................................................................................................... 18.15-13

18.15.110 Minor modifications......................................................................................................... 18.15-16

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City of Calimesa • Zoning Code

18.15.120 Nonconforming structures and uses................................................................................ 18.15-17

18.15.130 Temporary use permits. ................................................................................................... 18.15-21

18.15.135 Temporary events. ........................................................................................................... 18.15-24

18.15.140 Variances. ......................................................................................................................... 18.15-26

18.15.150 Zone change. .................................................................................................................... 18.15-28

18.15.160 Reasonable accommodation. .......................................................................................... 18.15-30

18.15.170 Zoning clearance .............................................................................................................. 18.15-33

18.15.180 Determination of similar use. .......................................................................................... 18.15-34

18.15.190 Specific plan. .................................................................................................................... 18.15-34

Chapter 18.20 Residential Zone Districts

18.20.010 General purpose. ............................................................................................................... 18.20-1

18.20.020 Residential zone districts. .................................................................................................. 18.20-1

18.20.030 Use regulations for residential districts. ............................................................................ 18.20-2

18.20.040 Residential development standards. ................................................................................. 18.20-6

18.20.050 Specific development standards for residential districts. ................................................. 18.20-7

18.20.060 Design and neighborhood compatibility standards. ........................................................ 18.20-19

Chapter 18.25 Commercial Zone Districts

18.25.010 General purpose. ............................................................................................................... 18.25-1

18.25.020 Commercial zone districts. ................................................................................................. 18.25-1

18.25.030 Use regulations for commercial districts. .......................................................................... 18.25-2

18.25.040 Commercial development standards. ................................................................................ 18.25-6

18.25.050 Specific development standards for commercial districts. ................................................ 18.25-7

18.25.060 Design standards. ............................................................................................................. 18.25-20

Chapter 18.28 Mixed Use Zone Districts

18.28.010 General purpose. ............................................................................................................... 18.28-1

18.28.020 Design concept. .................................................................................................................. 18.28-2

18.28.030 Mixed use zone districts. ................................................................................................... 18.28-2

18.28.040 Use regulations for mixed use districts. ............................................................................. 18.28-2

18.28.050 Development standards for mixed use. ............................................................................. 18.28-6

18.28.060 Development standards for streets and pedestrian ways ............................................... 18.28-16

18.28.070 Conceptual plan review. .................................................................................................. 18.28-21

Page ii


Chapter 18.30 Industrial Zone Districts

18.30.010 General purpose. ............................................................................................................... 18.30-1

18.30.020 Industrial zone districts. ..................................................................................................... 18.30-1

18.30.030 Use regulations for industrial districts. .............................................................................. 18.30-2

18.30.040 Industrial development standards. .................................................................................... 18.30-5

18.30.050 Performance standards. ..................................................................................................... 18.30-8

18.30.060 Specific development standards for industrial districts. ................................................... 18.30-8

18.30.070 Adult-oriented businesses. ................................................................................................ 18.30-9

18.30.080 Design standards. ............................................................................................................... 18.30-9

18.30.090 Architectural review committee. ..................................................................................... 18.30-13

18.30.100 Specific development standards for self-storage warehouses. ....................................... 18.30-13

Chapter 18.35 Open Space District

18.35.010 General purpose. ............................................................................................................... 18.35-1

18.35.020 Use regulations for open space districts. ........................................................................... 18.35-1

18.35.030 Open space easements and trails. ..................................................................................... 18.35-3

Chapter 18.39 Downtown Business District Code

18.39.010 Downtown Business District. ............................................................................................. 18.39-1

18.39.020 General purpose. ............................................................................................................... 18.39-1

18.39.030 Application of standards. ................................................................................................... 18.39-2

18.39.040 Downtown Business District zones. ................................................................................... 18.39-2

18.39.050 Use regulations for Downtown Business District zones. ................................................... 18.39-3

18.39.060 Development standards for Downtown Business District zones. ...................................... 18.39-7

18.39.070 Development standards applicable to commercial uses and structures. ........................ 18.39-14

18.39.080 Development standards applicable to residential uses and structures. ......................... 18.39-15

18.39.090 Development standards applicable to mixed uses and structures. ................................. 18.39-17

18.39.100 Specific development standards for Downtown Business District zones. ....................... 18.39-19

18.39.110 Street design guidelines. .................................................................................................. 18.39-20

Chapter 18.40 Special Districts

18.40.010 Planned Residential Development (PRD) district............................................................... 18.40-1

18.40.020 Public/Quasi-Public (P/Q) district. ..................................................................................... 18.40-7

18.40.030 Calimesa Creek Overlay (CCO) district. .............................................................................. 18.40-8

Page iii


Chapter 18.45 Off-Street Parking

18.45.010 Purpose. ............................................................................................................................. 18.45-1

18.45.020 Applicability. ...................................................................................................................... 18.45-2

18.45.030 General provisions. ............................................................................................................ 18.45-2

18.45.040 Nonconforming uses. ......................................................................................................... 18.45-3

18.45.050 Use limitations and prohibited parking. ............................................................................ 18.45-3

18.45.060 Number of required parking spaces. ................................................................................. 18.45-3

18.45.070 Handicap parking requirements. ....................................................................................... 18.45-7

18.45.080 Bicycle and motorcycle parking requirements. ................................................................. 18.45-9

18.45.090 Carpool, vanpool, and zero emission vehicle parking requirements. ............................. 18.45-10

18.45.100 Development standards. .................................................................................................. 18.45-11

18.45.110 Shared parking provisions. ............................................................................................... 18.45-15

18.45.120 Loading requirements. ..................................................................................................... 18.45-15

18.45.130 Off-street parking restrictions for commercial and other vehicles in residential zones. 18.45-16

18.45.140 Off-street parking restrictions for recreational vehicles in residential zones. ................ 18.45-22

Chapter 18.50 Sign Regulations

Article I. General Sign Regulations

18.50.010 Purpose. ............................................................................................................................. 18.50-2

18.50.020 Definitions. ......................................................................................................................... 18.50-2

18.50.030 Authority and administration. ........................................................................................... 18.50-6


18.50.050 Sign regulations. ............................................................................................................... 18.50-11

18.50.060 Design standards. ............................................................................................................. 18.50-15

18.50.070 Outdoor advertising. ........................................................................................................ 18.50-16

18.50.080 Enforcement. ................................................................................................................... 18.50-16

Article II. Real Estate Signs

18.50.090 Definitions. ....................................................................................................................... 18.50-19

18.50.100 Maximum area. ................................................................................................................ 18.50-19

18.50.110 General provisions. .......................................................................................................... 18.50-19

18.50.120 Open house signs. ............................................................................................................ 18.50-19

18.50.130 Off-site subdivision signs. ................................................................................................ 18.50-20

18.50.140 Violations. ........................................................................................................................ 18.50-20

18.50.150 Permitted signs – Residential districts. ............................................................................ 18.50-21

18.50.160 Permitted signs – Office/commercial districts. ................................................................ 18.50-22

Page iv


18.50.170 Permitted signs – Industrial/manufacturing districts. ..................................................... 18.50-25

18.50.180 Permitted signs – public/semi-public districts. ................................................................ 18.50-26

Chapter 18.55 Hillside Development Regulations

18.55.010 Purpose. ............................................................................................................................. 18.55-1

18.55.020 Application of standards. ................................................................................................... 18.55-2

18.55.030 Exceptions. ......................................................................................................................... 18.55-2

18.55.040 Hillside classifications. ....................................................................................................... 18.55-3

18.55.050 Ridgeline preservation. ...................................................................................................... 18.55-4

18.55.060 Average slope calculations. ................................................................................................ 18.55-4

18.55.070 Design criteria for open space. .......................................................................................... 18.55-5

18.55.080 Clustering and density transfer. ......................................................................................... 18.55-6

18.55.090 Grading. .............................................................................................................................. 18.55-6

18.55.100 Prohibited development areas. ......................................................................................... 18.55-8

18.55.110 Retaining walls/fences. ...................................................................................................... 18.55-8

18.55.120 Architectural standards...................................................................................................... 18.55-9

18.55.130 Drainage. .......................................................................................................................... 18.55-10

18.55.140 Hillside street development standards. ........................................................................... 18.55-11

18.55.150 Application submittal. ...................................................................................................... 18.55-14

18.55.160 Action of the Planning Director. ...................................................................................... 18.55-15

18.55.170 Action of the Planning Commission. ................................................................................ 18.55-15

18.55.180 Issuance of grading permit. ............................................................................................. 18.55-15

18.55.190 Enforcement. ................................................................................................................... 18.55-16

18.55.200 Severability. ..................................................................................................................... 18.55-16

Chapter 18.60 Outdoor Advertising Structures

18.60.010 Purpose. ............................................................................................................................. 18.60-1

18.60.020 Definitions. ......................................................................................................................... 18.60-1

18.60.030 Erection of new or additional outdoor advertising structures prohibited. ....................... 18.60-3

18.60.040 Standards for relocation and reconstruction of outdoor advertising structures. ............. 18.60-3

18.60.050 Application for permit required. ........................................................................................ 18.60-4

18.60.060 Appeals............................................................................................................................... 18.60-4

18.60.070 Revocation. ........................................................................................................................ 18.60-4

18.60.080 Enforcement. ..................................................................................................................... 18.60-4

Page v


Chapter 18.65 Fence, Wall, and Screening Standards


18.65.020 Standards for location, height, and setbacks. .................................................................... 18.65-1

18.65.030 Design standards. ............................................................................................................... 18.65-3

18.65.040 Allowable materials and maintenance. ............................................................................. 18.65-4

18.65.050 Prohibited fences and materials. ....................................................................................... 18.65-5

18.65.060 Exemptions. ....................................................................................................................... 18.65-5

Chapter 18.70 Landscape Requirements

18.70.010 Purpose and intent. ........................................................................................................... 18.70-1

18.70.020 Definitions. ......................................................................................................................... 18.70-2

18.70.030 Applicability. ...................................................................................................................... 18.70-3

18.70.040 Exclusions. .......................................................................................................................... 18.70-4

18.70.050 Landscape plans. ................................................................................................................ 18.70-4

18.70.060 Irrigation systems. .............................................................................................................. 18.70-4

18.70.070 Procedural requirements. .................................................................................................. 18.70-4

18.70.080 Landscape design requirements. ....................................................................................... 18.70-5

18.70.090 Plant materials. .................................................................................................................. 18.70-5

18.70.100 Trees – General requirements. .......................................................................................... 18.70-6

18.70.110 Street trees. ....................................................................................................................... 18.70-7

18.70.120 Tree preservation guidelines. ............................................................................................ 18.70-9

18.70.130 Parking lots....................................................................................................................... 18.70-10

18.70.140 Special areas and features. .............................................................................................. 18.70-13

18.70.150 Landscape maintenance. ................................................................................................. 18.70-16

18.70.160 Landscape security/bonding requirements. .................................................................... 18.70-16

18.70.170 Erosion control. ................................................................................................................ 18.70-17

18.70.180 Slopes. .............................................................................................................................. 18.70-17

18.70.190 Soils. ................................................................................................................................. 18.70-18

18.70.200 Compliance. ..................................................................................................................... 18.70-18

18.70.210 Severability. ..................................................................................................................... 18.70-18

Chapter 18.75 Water Conservation for Landscaping

18.75.010 Purpose. ............................................................................................................................. 18.75-2

18.75.020 Definitions. ......................................................................................................................... 18.75-2

18.75.030 Applicability. ...................................................................................................................... 18.75-4

Page vi


18.75.040 Landscape documentation package requirements. .......................................................... 18.75-5

18.75.050 Landscape irrigation and maintenance. ........................................................................... 18.75-11

18.75.060 Compliance plan submittal process. ................................................................................ 18.75-12

18.75.070 Landscape water use efficiency enforcement. ................................................................ 18.75-13

18.75.080 Compliance with landscape documentation package. .................................................... 18.75-15

18.75.090 Penalties. .......................................................................................................................... 18.75-16

18.75.100 Elements of the landscape documentation package. ...................................................... 18.75-16

18.75.110 Water-efficient landscape worksheet. ............................................................................ 18.75-17

18.75.120 Soil management report. ................................................................................................. 18.75-18

18.75.130 Landscape design plan. .................................................................................................... 18.75-19

18.75.140 Irrigation design plan. ...................................................................................................... 18.75-22

18.75.150 Grading design plan. ........................................................................................................ 18.75-27

18.75.160 Certificate of completion. ................................................................................................ 18.75-28

18.75.170 Irrigation scheduling. ....................................................................................................... 18.75-29

18.75.180 Landscape and irrigation maintenance schedule. ........................................................... 18.75-29

18.75.190 Irrigation audit, irrigation survey, and irrigation water use analysis. .............................. 18.75-30

18.75.200 Irrigation efficiency. ......................................................................................................... 18.75-30

18.75.210 Recycled water. ................................................................................................................ 18.75-30

18.75.220 Stormwater management. ............................................................................................... 18.75-31

18.75.230 Public education............................................................................................................... 18.75-31

18.75.240 Environmental review. ..................................................................................................... 18.75-32

18.75.250 Provisions for existing landscapes. .................................................................................. 18.75-32

18.75.260 Irrigation audit, irrigation survey, and irrigation water use analysis. .............................. 18.75-32

18.75.270 Water waste prevention. ................................................................................................. 18.75-33

18.75.280 Effective precipitation. ..................................................................................................... 18.75-33

Chapter 18.80 Tree Preservation

18.80.010 Purpose. ............................................................................................................................. 18.80-1

18.80.020 Oak tree protection and conservation. .............................................................................. 18.80-1

18.80.030 Exemptions. ....................................................................................................................... 18.80-2

18.80.040 Oak tree pruning permit. ................................................................................................... 18.80-2

18.80.050 Oak tree removal/encroachment permit. ......................................................................... 18.80-2

18.80.060 Oak tree preservation and replacement plan and permit required. ................................. 18.80-3

18.80.070 Nonliability of City of Calimesa. ......................................................................................... 18.80-5

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Chapter 18.85 Development Agreements


18.85.020 Application requirements and forms. ................................................................................ 18.85-1

18.85.030 Proposed development agreement. .................................................................................. 18.85-2

18.85.040 Parties to the development agreement. ........................................................................... 18.85-3

18.85.050 Review of application. ........................................................................................................ 18.85-3

18.85.060 Hearing by City Council. ..................................................................................................... 18.85-4

18.85.070 Periodic review. ................................................................................................................. 18.85-5

18.85.080 Cancellation or modification. ............................................................................................. 18.85-6

18.85.090 Miscellaneous provisions. .................................................................................................. 18.85-7

Chapter 18.90 Development Plan Review

18.90.010 Purpose. ............................................................................................................................. 18.90-1

18.90.020 Unapproved development prohibited. .............................................................................. 18.90-1

18.90.030 Minor development plan review. ...................................................................................... 18.90-1

18.90.040 Major development plan review. ...................................................................................... 18.90-5

Chapter 18.95 Surface Mining and Land Reclamation Regulations


18.95.020 Incorporation of SMARA and state regulations. ................................................................ 18.95-2

18.95.030 Applicability. ...................................................................................................................... 18.95-2

18.95.040 Contents of applications for conditional use permits and reclamation plans. .................. 18.95-4

18.95.050 Processing. ......................................................................................................................... 18.95-4

18.95.070 Phasing of reclamation. ..................................................................................................... 18.95-6

18.95.080 Findings for approval. ........................................................................................................ 18.95-6

18.95.090 Financial assurances for reclamation plans. ...................................................................... 18.95-7

18.95.100 Inspections. ........................................................................................................................ 18.95-8

18.95.110 Interim management plans................................................................................................ 18.95-8

18.95.120 Periodic review. ................................................................................................................. 18.95-9

18.95.130 Time limit for commencement of use of conditional use permit for surface mining operations. .............................................................................................. 18.95-9

18.95.140 Violations and penalties. .................................................................................................... 18.95-9

Page viii


Chapter 18.100 Transportation Demand Management

18.100.010 Findings. ......................................................................................................................... 18.100-1

18.100.020 Purpose. ......................................................................................................................... 18.100-1

18.100.030 Definitions. ..................................................................................................................... 18.100-2

18.100.040 Applicability. .................................................................................................................. 18.100-2

18.100.050 Trip reduction requirements.......................................................................................... 18.100-2

18.100.060 Design features. ............................................................................................................. 18.100-3

18.100.070 Trip reduction programs. ............................................................................................... 18.100-3

18.100.080 Monitoring. .................................................................................................................... 18.100-5

18.100.090 Enforcement. ................................................................................................................. 18.100-5

18.100.100 Fees. ............................................................................................................................... 18.100-5

18.100.110 Voluntary motor vehicle trip reduction programs. ....................................................... 18.100-6

18.100.120 Appeals. ......................................................................................................................... 18.100-6

Chapter 18.105 Western Riverside County Transportation Uniform Mitigation Fee Program

18.105.010 Title. ............................................................................................................................... 18.105-1

18.105.020 Definitions. ..................................................................................................................... 18.105-1

18.105.030 Establishment of the transportation uniform mitigation fee. ....................................... 18.105-3

18.105.040 Reimbursements. ........................................................................................................... 18.105-5

18.105.050 Procedures for the levy, collection, and disposition of fees. ......................................... 18.105-5

18.105.060 Appointment of the TUMF administrator. ..................................................................... 18.105-6

18.105.070 Effect. ............................................................................................................................. 18.105-7

Chapter 18.110 Park Development and Recreational Facilities Mitigation Fees

18.110.010 Findings. ......................................................................................................................... 18.110-1

18.110.020 Purpose. ......................................................................................................................... 18.110-1

18.110.030 Area to be benefited and amount of fees. .................................................................... 18.110-2

18.110.040 Exemptions. ................................................................................................................... 18.110-2

18.110.050 Limited use of fees. ........................................................................................................ 18.110-2

18.110.060 Fee adjustments. ............................................................................................................ 18.110-2

Page ix


Chapter 18.115 Development Impact Fees

18.115.010 Findings and purpose. .................................................................................................... 18.115-1

18.115.020 Definitions. ..................................................................................................................... 18.115-2

18.115.030 Establishment of development impact fees and providing for their adoption by resolution. ................................................................................................................. 18.115-2

18.115.040 Automatic adjustment of fees. ...................................................................................... 18.115-3

18.115.050 Increase by resolution. ................................................................................................... 18.115-3

18.115.060 Creation of special accounts. ......................................................................................... 18.115-3

18.115.070 General Plan land use to compute fee. ......................................................................... 18.115-3

18.115.080 Payment of fees. ............................................................................................................ 18.115-3

18.115.090 Exemptions established by resolution. .......................................................................... 18.115-4

18.115.100 Discretionary fee adjustments. ...................................................................................... 18.115-4

18.115.110 Developer construction of capital facilities. .................................................................. 18.115-4

Chapter 18.120 Outdoor Lighting

18.120.010 Purpose and intent. ....................................................................................................... 18.120-1

18.120.020 Definitions. ..................................................................................................................... 18.120-2

18.120.030 Exempt lighting. ............................................................................................................. 18.120-3

18.120.040 Prohibited lighting. ........................................................................................................ 18.120-3

18.120.050 Nonconforming lighting. ................................................................................................ 18.120-3

18.120.060 Lighting plan required. ................................................................................................... 18.120-4

18.120.070 Performance standards applicable in all lighting zones. ............................................... 18.120-4

18.120.080 Lighting in the residential lighting zone. ........................................................................ 18.120-4

18.120.090 Lighting in the commercial/industrial zone. .................................................................. 18.120-5

18.120.100 Lighting in the open space zone. ................................................................................... 18.120-7

18.120.110 Lighting for special uses. ................................................................................................ 18.120-7

18.120.120 Parks, trails, and wildlife corridor lighting specifications. ............................................. 18.120-9

18.120.130 Calimesa Boulevard Corridor lighting specifications. .................................................. 18.120-10

18.120.140 Administration and enforcement. ............................................................................... 18.120-10

18.120.150 Violations and penalties. .............................................................................................. 18.120-10

Page x


Chapter 18.125 Residential Density Bonus Provisions

18.125.010 Purpose and intent. ....................................................................................................... 18.125-1

18.125.020 Definitions. ..................................................................................................................... 18.125-1

18.125.030 Implementation. ............................................................................................................ 18.125-3

18.125.040 Types of incentives allowed. .......................................................................................... 18.125-6

18.125.050 Requirements for density bonus projects. .................................................................... 18.125-7

18.125.060 Development standards. ................................................................................................ 18.125-9

18.125.070 Processing of density bonus requests. .......................................................................... 18.125-9

18.125.080 Density bonus housing agreement. ............................................................................. 18.125-10

18.125.090 Changes in state density bonus laws. .......................................................................... 18.125-12

Chapter 18.130 Inclusionary Housing

18.130.010 Purpose. ......................................................................................................................... 18.130-1

18.130.020 Definitions. ..................................................................................................................... 18.130-2

18.130.030 Inclusionary requirements. ............................................................................................ 18.130-3

18.130.040 Exemptions. ................................................................................................................... 18.130-3

18.130.050 Affordable housing standards. ....................................................................................... 18.130-3

18.130.060 Inclusionary housing plan. ............................................................................................. 18.130-4

18.130.070 Alternative means of compliance. ................................................................................. 18.130-4

18.130.080 Inclusionary housing affordability covenant.................................................................. 18.130-5

18.130.090 Eligibility for inclusionary units – Owner occupancy required. ..................................... 18.130-5

18.130.100 Affordable sales price and long-term affordability restriction. ..................................... 18.130-6

18.130.110 Adjustments and waivers. .............................................................................................. 18.130-6

18.130.120 General prohibitions and enforcement. ........................................................................ 18.130-8

Page xi


Title 18 Zoning, Land Use, and Development Regulations


Updates have been made to the following chapters:

18.05 General Provisions

18.10 Definitions

18.15 Administrative Provisions

18.20 Residential Zone Districts

18.25 Commercial Zone Districts

18.28 Mixed Use Zone Districts

18.30 Industrial Zone Districts

18.35 Open Space District

18.39 Downtown Business District

18.40 Special Districts

18.45 Off-Street Parking

18.50 Sign Regulations

18.55 Hillside Development Regulations

18.60 Outdoor Advertising Structures

18.65 Fence, Wall, and Screening Standards

18.80 Tree Preservation

18.90 Development Plan Review

18.115 Development Impact Fees

18.125 Residential Density Bonus Provisions

18.130 Inclusionary Housing

Ordinance No. 342 Effective Date March 17, 2016

City of Calimesa Zoning Code, Chapter 1

Chapter 18.05 GENERAL PROVISIONS Sections:

18.05.010 Title.

18.05.020 Purpose.

18.05.030 Authority.

18.05.040 Applicability.

18.05.050 Interpretation of title provisions.

18.05.060 Conflicting regulations.

18.05.070 Calimesa General Plan.

18.05.080 Zone districts established.

18.05.090 Official zoning map.

18.05.100 Filing of official zoning map.

18.05.110 Revisions to and amendment of official zoning map.

18.05.120 Interpretation of official zoning map.

18.05.130 City to be held harmless.

18.05.140 Statute of limitations.

18.05.010 Title.

The ordinance codified in this title shall be known as the Zoning Code of the City of Calimesa. [Ord. 95-7 § 2; Code 1990 § 12.1.01.]

18.05.020 Purpose.

The purpose of the Zoning Code is to serve the public health, safety, and welfare of the city by establishing zone districts within the boundaries of the city regulating land uses and imposing development standards. All established districts are designed to obtain the economic and social advantages resulting from the planned use of land, as referred to in the Land Use Element of the General Plan and this title. The enactment of this title shall guide the growth and development of the city in a proper and orderly manner for the maximum benefit of its citizens. [Ord. 95-7 § 2; Code 1990 § 12.1.02.]

Page 18.05-1

City of Calimesa • Zoning and Development Code

18.05.030 Authority.

The authority for the regulations contained in this title is derived from the police power granted to municipalities by Section 7, Article XI, of the California Constitution and the provisions of the California Zoning Law (Division 1 of Title 7 of the California Government Code), which provide for the regulation of the intensity of land use and the adoption of standards for the development of property. [Ord. 95-7 § 2; Code 1990 § 12.1.03.]


All land, buildings, and structures within the incorporated portions of the city shall be used only as hereinafter provided. No use of land, and no use, construction, maintenance, operation, reconstruction, or enlargement of any building or structure, shall be allowed unless permitted under the express provisions of this title or by other applicable ordinance of the City.

A. Private Projects.

1. No land, building, or structure shall be used, constructed, altered, or maintained except in conformance with the provisions of this title.

2. No use that requires a permit or approval under the provisions of this title shall be established or operated until the permit or approval is finally granted, and all conditions of the permit or approval have been complied with.

3. No use that requires a permit or approval under the provisions of this title shall be established or operated in violation of, or contrary to, any terms and conditions of the granted permit or approval.

B. Public Projects. Unless otherwise exempted, federal, state, county, city, and other governmental projects shall be subject to the provisions of this title, including projects operated by any combination of these agencies, or by a private person for the benefit of any such governmental agency.

C. Public Nuisance. Any building or structure erected or maintained, or any use of property, contrary to the provisions of this title is hereby declared to be unlawful and a public nuisance, and the City Attorney or other proper official may immediately commence an action or actions, proceeding or proceedings for the abatement, removal, and enjoinment thereof, in the manner provided by law; and may take such other steps, and may apply to such court or courts as may have jurisdiction to grant such relief, as will abate or remove such building, structure, or use and restrain and enjoin any person from setting up, erecting, or maintaining such building or structure, or using any property contrary to the provisions of this title. It shall be the right and duty of every citizen to participate and assist city officials in the enforcement of the provisions of this title. [Ord. 95-7 § 2; Code 1990 § 12.1.04.]

18.05.050 Interpretation of title provisions.

When there is any question regarding the interpretation of the provisions of the Zoning Code, or its application to any specific case or situation, the Planning Commission shall have the authority to interpret the intent of the provisions of this title by written resolution, approved by a majority of its members. Thereafter, such interpretation shall be followed in applying the provisions of this title unless the Commission’s interpretation is changed by the City Council, on appeal.

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Any appeal of the Planning Commission interpretation may be taken to the City Council, if the appeal is filed within 14 days following the Planning Commission’s decision. Such appeal must be submitted in accordance with the procedures set forth in Section 18.15.080, Hearings and appeals. A majority vote of the whole Council shall be required to change an interpretation made by the Planning Commission. [Ord. 95-7 § 2; Code 1990 § 12.1.05.]

18.05.060 Conflicting regulations.

The provisions of this title are not intended to interfere with or void any easements or legally established covenants or other existing agreements which are more restrictive than the provisions of this title. Except where the express provisions of this title or the context hereof amend any existing ordinance, nothing in this title shall be deemed to repeal any other ordinances relating to the properties and areas affected hereby. [Ord. 95 -7 § 2; Code 1990 § 12.1.06.]

18.05.070 Calimesa General Plan.

The City shall adopt and maintain a General Plan in accordance with the requirements of California Government Code Section 65350 et seq. and applicable general plan guidelines prepared by the California Governor’s Office of Planning and Research.

A. Consistency with the General Plan.

1. No use of land, buildings, or structures for which an application is required pursuant to this title is to be approved for processing under this title unless it is consistent with the General Plan or a concurrent General Plan amendment request. In any case where there is a conflict in regulations between this title and the General Plan, the General Plan shall prevail.

2. All land divisions within the city and changes or amendments to land use classifications, districts, or regulations, and conditional use permits, variances, development agreements, site plans, and other permits and approvals, shall be consistent with the Calimesa General Plan and all applicable specific plans.

3. A proposed use or approval is consistent with the General Plan when the following conditions exist:

a) The proposed use is allowed in the land use district in which the use is located, as shown by the Land Use Map and as described in the text of the General Plan;

b) The proposed use is in conformance with the goals, objectives, policies, programs, and guidelines of the elements of the General Plan and the intent thereof; and

c) The proposed use is to be established and maintained in a manner which is consistent with the elements of the General Plan and all applicable provisions contained therein.

B. Determinations of Consistency with the General Plan. The Planning Director shall have the responsibility to prepare reports and make determinations as to the conformity of applications and requests pursuant to this title.

C. Administration of the General Plan. The Planning Commission on recommendation from the Planning Director shall have the responsibility to:

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1. Investigate and make recommendations to the City Council regarding reasonable and practical means for implementing the General Plan or any element thereof, so that it will serve as an effective guide for orderly growth and development, preservation, and conservation of open space and natural resources.

2. Provide periodic reports to the City Council on the status of the General Plan and progress in its implementation. [Ord. 95-7 § 2; Code 1990 § 12.1.07.]

18.05.080 Zone districts established.

To carry out the purpose and provisions of this title, the City of Calimesa is hereby divided into the following zone districts:

Symbol Zone Name Chapter

O-S-R Open Space Residential 18.20

R-E Residential Estate 18.20

R-R Rural Residential 18.20

R-L Residential Low 18.20

R-L-M Residential Low/Medium 18.20

R-M Residential Medium 18.20

R-H Residential High 18.20

C-N Neighborhood Commercial 18.25

C-C Community Commercial 18.25

C-R Regional Commercial 18.25

O-P Office Professional 18.25

R-MU Residential Mixed Use 18.28

C-MU Commercial Mixed Use 18.28

O-MU Office Mixed Use 18.28

L-I Light Industrial 18.30

B-P Business Park 18.30

O-S Open Space 18.35

DVC Downtown Village Commercial 18.39

DNC Downtown Neighborhood Commercial 18.39

DVS Downtown Visitor-Serving Commercial 18.39

CCO Calimesa Creek Overlay 18.40

PRD Planned Residential Development 18.40

P/Q Public/Quasi-Public 18.40 [Ord. 298 § 4, 2010; Ord. 95-7 § 2; Code 1990 § 12.1.08.]

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18.05.090 Official zoning map.

The boundaries of the zones established in Section 18.05.080 are set forth on the official zoning map of the City of Calimesa. This map and all the notations, references, and other information shown on it shall be considered as part of this title as if fully described and set forth herein. [Ord. 95-7 § 2; Code 1990 § 12.1.09.]

18.05.100 Filing of official zoning map.

A printed, signed copy of the official zoning map shall be kept on file with the City Clerk and shall constitute the original record. A copy of said map shall also be kept with the Planning Department. [Ord. 95-7 § 2; Code 1990 § 12.1.10.]

18.05.110 Revisions to and amendment of official zoning map.

All amendments and changes adopted to the official zoning provisions of this title are considered a part of these regulations and of the official zoning map at the time of the effective date of all changes and amendments. The City Council may, from time to time, order revisions of the official zoning map so as to include all changes to date. No changes shall be made to said map that have not been officially adopted according to the provisions of this title. Said revised map shall become the official zoning map of the City of Calimesa and shall replace the preceding map.

All amendments and changes of the official zoning map shall be recorded on additional zoning maps at the end of each fiscal year. Individual amendments shall be recorded by the City Clerk and with the Planning Department not later than 48 hours after such amendment becomes effective. [Ord. 95-7 § 2; Code 1990 § 12.1.11.]

18.05.120 Interpretation of official zoning map.

Where uncertainty exists as to the boundaries of any zone as shown on the zoning map, the following shall apply:

A. Street, Alley, or Lot Lines.

1. Where indicated zone boundaries are approximately coterminous with street, alley, or lot lines, said lines are determined to be the boundaries of the zone. Otherwise the boundaries shall be determined by the dimensions shown on the map created and maintained by the County Assessor as contained in the parcel book. In the absence of dimensions, the boundary shall be determined by use of the scale shown on the map.

2. A street, alley, railroad or railway right-of-way, watercourse, channel, or body of water included on the zoning map shall, unless otherwise indicated, be included within the zone of adjoining property on either side thereof; and where such street, alley, railroad or railway right-of-way, watercourse, channel, or body of water serves as a boundary between two or more different zones, a line midway in such street, alley, railroad or railway right-of-way, watercourse, channel, or body of water, extending in the general direction of the long dimension thereof, shall be considered the boundary between zones.

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B. Further Uncertainties. Where further uncertainties exist, the Planning Commission shall, by written decision, determine the location of the zone boundary or building setback line.

C. Vacations. In the event that a vacated street, alley, right-of-way, or easement was the boundary between two zones, the new zone boundaries shall be at the new property line. [Ord. 95-7 § 2; Code 1990 § 12.1.12.]

18.05.130 City to be held harmless.

Any person, organization, or entity who obtains or files an application to obtain a permit or approval pursuant to this title shall hold the City harmless from any liability, including any claims of the applicant arising out of the issuance of the permit or approval, or the denial thereof, or arising out of any action by any person seeking to have a granted permit or approval held void by a court of law. [Ord. 95-7 § 2; Code 1990 § 12.1.13.]

18.05.140 Statute of limitations.

A. Any court action or proceeding to attack, review, set aside, void, or annul any decision regarding the General Plan or any matter mentioned in this title (other than a matter governed by Government Code Section 65907) or concerning any of the proceedings, acts, or determinations taken, done, or made prior to such decision, shall not be maintained by any person unless such action or proceeding is commenced within 30 days after the date on which such decision becomes final. Thereafter all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of such decision or of such proceedings, acts, or determinations.

B. Any court action brought pursuant to Code of Civil Procedure Section 1094.5 to attack, review, set aside, void, or annul any decision denying an application for the permit shall not be maintained by any person unless such action is commenced within 90 days after the date on which such decision becomes final. This subsection has been adopted pursuant to Code of Civil Procedure Section 1094.6. [Ord. 95-7 § 2; Code 1990 § 12.1.14.]

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Chapter 18.10 DEFINITIONS Sections:

18.10.010 General.

18.10.020 Definitions.

18.10.010 General.

A. When not inconsistent with the context, words used in the present tense include the future; words in the singular number include the plural, and those in the plural number include the singular.

B. The terms “shall” and “will” are imperative; the words “can” and “may” are permissive. [Ord. 95-7 § 2; Code 1990 § 12.2.01.]


For the purposes of carrying out the intent of this title, the following words and phrases shall have the meanings respectively ascribed to them in this section:

Abandon. To cease or suspend from developing or maintaining a building or use for a stated period of time.

Abutting and adjoining. Having district boundaries or lot lines in common.

Access. The place, or way, by which pedestrians and vehicles shall have safe, adequate, and usable ingress and egress to a property or use as required by the zoning regulations.

Accessory building. A portion of the main building or a detached subordinate building located on the same lot, the use of which is customarily incident to that of the main building or to the use of the land. Where a substantial part of the wall of an accessory building is a part of the wall of the main building, or where the accessory building is attached to the main building in a substantial manner by a roof, such accessory building shall be considered as a part of the main building.

Accessory use. A use incidental, appropriate, subordinate, and devoted exclusively to the main use of the lot or building.

Alley. A public or private way, other than a street or highway, permanently reserved as a primary or secondary means of vehicle access to adjoining property.

Amendment. A change in the wording, content, or substance of this title or an addition or deletion or a change in the zone boundaries or classifications on the zoning map, when adopted by ordinance passed by the City Council in the manner prescribed by law.

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Ancillary use. The same as an accessory use.

Animal hospital. A place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use of the premises as a kennel or a place where animals or pets are boarded for remuneration may be an ancillary use.

Antique shop. A store whose retail inventory includes at least 50 percent circa 1960 or older items. Antique shops do not include secondhand stores. See also consignment shop.

Arcade. Any business establishment in which there are more than 10 mechanical or electronic play devices, as defined in this section, which are available for use by the public or business invitees, or both. Any business establishment that anticipates receipt of more than 50 percent of its gross income from the sale of food and beverages, and which possesses a valid County Health Department permit to operate a restaurant, shall not be considered an arcade for the purposes of this title.

As-graded. The surface configuration upon completion of final grading.

Authorized agent. Anyone who has actual or ostensible authority to speak for or make presentations on behalf of the owner of any property. An authorized agent shall be responsible for any information or data which he/she presents to the City.

Automobile dismantling yard. Any lot or any portion of a lot used for the dismantling or wrecking of automobiles or other motor vehicles or trailers, or for the storage, sale, keeping for sale, or dumping of dismantled, partly dismantled, obsolete, or wrecked motor vehicles or their parts, as a business, hobby, or otherwise, other than the sale of used car parts within an enclosed building where no dumping is permitted. The presence on any lot or parcel of land of four or more motor vehicles which, for a period exceeding 30 days, have not been capable of being operated under their own power, and from which parts have been or are to be removed for reuse or sale, shall constitute prima facie evidence that such lot or portion thereof is an automobile dismantling yard.

Automobile impound yard. Any lot or parcel of land used for the storage of any motor vehicle which has been impounded under court order or any state law. An automobile impound yard shall not include the dismantling, reuse, or sale of motor vehicles or their parts.

Automobile parking space. An area, other than a street or an alley, reserved for the parking of an automobile.

Automobile repair garage. A building, other than a private garage, used for the care, repair, or equipment of automobiles or where such vehicles are parked or stored for remuneration, hire, or sale.

Automobile service station. Any building or premises used primarily for the retail sale of gasoline and lubricants, but which may also provide for the incidental servicing of motor vehicles, including grease racks, tire repairs, battery charging, automobile washing (nonmechanical), sale of merchandise and supplies related to the servicing of motor vehicles, the performance of minor automotive maintenance and repair, minor replacements, and the supplying of other incidental customer services and products. Major automotive repairs, painting, body and fender work, engine overhauling, and similar work are excluded from the term “automobile service station” except where such uses are otherwise permitted.

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Automobile storage of nonoperating vehicles. The presence on any lot or parcel of land of one or more motor vehicles which for a period exceeding 30 days have not been capable of operating under their own power, and from which no parts have been or are to be removed for reuse or sale, shall constitute prima facie evidence of the storage of nonoperating motor vehicles. The storage of nonoperating motor vehicles shall not include automobile wrecking.

Average slope. The slope calculated by utilizing the following formula:

Average cross slope = I x L x 0.0023A I = contour interval L = contour length 0.0023 = constant to convert square feet to acres and slope to percent A = acres in site

Balance. The cutting and filling of a site which does not require the export or import of earth material.

Barber or beauty shop. A business employing one or more persons offering hair cutting and/or styling services.

Basement. One or more stories wholly or partly underground. A basement shall be counted as a story for the purpose of height measurements if:

A. Over 5 feet of its height is above average level of the adjoining ground; or

B. Uses conducted therein are chargeable for parking.

Bench. A relatively level step excavated into earth material on which fill is to be placed, or an intermediate drainage area.

Bench drain. A generally horizontal drainage feature on a manufactured slope, usually in the form of a gunited concrete V-ditch with a minimum of 5 percent slope.

Berm. A mound or embankment of earth, or a low mound of earth graded in a linear or undulating form, often used as a noise or visual barrier.

Bicycle locker. An enclosed box with a locking door where a single bicyclist has access to a bicycle storage compartment.

Billboard. The same as an off-site sign. See Chapter 18.50, Sign Regulations for definitions pertaining to signs.

Block. All property fronting upon one side of the street between intersecting and/or intercepting streets, or between a street and a right-of-way, waterway, dead end of a street, or city boundary. An intercepting street shall determine only the boundary of the block on the side of the street which it intercepts.

Boarding or rooming house. A building containing a single dwelling unit and not more than 10 guest rooms where lodging is provided with or without meals, for compensation. A boarding or rooming house shall not include rest homes, nursing homes, or homes for the aged.

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Branch warehouse. See “distribution warehouse”.

Building. A permanently located structure having a roof supported by walls or columns; provided, however, that no form of tent or vehicle shall be considered a building. The word “building” shall include the word “structure.”

Building Code. The building code of the City of Calimesa.

Building face. The area of one building elevation, either the front, rear, or side.

Building frontage. The side of a building which contains the main entrance for pedestrian ingress and egress. If more than one main entrance exists, the one that more nearly faces or is oriented to the street of highest classification as portrayed in the General Plan Transportation Element shall be considered the building frontage. If all streets are of the same classification, the side of the building with the smallest lineal dimension containing a main entrance shall be considered the building frontage.

Building height. The vertical distance measured from the adjoining curb level (ground-level grade) to the highest point of the building, exclusive of chimneys and ventilators; provided, however, that where buildings are set back from the street line, the height shall be measured from the average elevation of the finished grade at the front of the building.

Building line. An imaginary line on a building site specifying the closest point from an ultimate right-of-way line or a property line where a main building may be located.

Business. A commercial, office, institutional, or industrial establishment.

Carport. A permanently roofed structure with not more than two enclosed sides, used for automobile shelter or storage.

City. The City of Calimesa as the same now exists or may hereafter exist.

City Council. The City Council of the City of Calimesa.

Clinic, dental or medical. A building or group of buildings which a group of physicians and/or dentists and professional assistants allied therewith are associated for the purpose of carrying out their profession and providing group medical services. The clinic may include a dental or medical laboratory, but shall not include inpatient care or operating rooms for major surgery.

Clubhouse. A building or group of buildings of an association of persons (whether or not incorporated) for the promotion of some nonprofit common interest and holding meetings or functions periodically which are limited to members and guests. It does not include groups organized primarily to render a service which is customarily carried on as a business.

Cluster. For the purposes of interpreting Chapter 18.80, Tree Preservation, a grouping of at least three trees whose driplines intersect.

Clustering. The process of reducing required lot sizes while allowing permitted densities on a site to remain in order to preserve open space or sensitive or hazardous areas.

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Commercial. Any activity on or use of land which involves the buying, selling, processing, or improving of things not produced on the land, and having financial gain as the primary aim of the activity or use, whether or not such activity or use is for hire or on account of buyer, seller, processor, or improver.

Commercial recreation facility. Facilities or uses that provide participant or spectator recreation for commercial purposes.

Commission. The Planning Commission of the City of Calimesa.

Community care facility. Any facility, place, or building licensed by the State of California that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including but not limited to the physically handicapped, mentally impaired, incompetent persons, or abused or neglected children.

Community Development Director. The director of the City of Calimesa Planning Department, or his/her designee.

Compassionate Use Act. The Compassionate Use Act of 1996 (Proposition 215), codified as California Health and Safety Code Section 11362.5.

Conditional use. A use of land for which a conditional use permit is required by this title.

Condominium. A development consisting of an undivided interest in common for a portion of a parcel coupled with a separate interest in space in a residential or commercial building on the parcel.

Consignment shop. A store that sells secondhand items (typically clothing and accessories) on behalf of the original owner, who receives a percentage of the selling price. Consignment shops do not include secondhand stores. See also antique shop.

Construction, new. Any structure for which the start of construction commenced on or after the effective date of the ordinance codified in this title.

Construction, start of. The first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets or walkways; nor does it include excavation for a basement, footings, piers, or foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure.

Contour. A line drawn on a plan which connects all points of equal elevation.

Contour grading. A grading concept designed to result in earth forms which resemble the original natural terrain characteristics. Horizontal and vertical curve variations are often used for slope banks.

Contractor’s equipment yard. A facility, building, or premises used for the conduct of a business involved primarily with the rendition of contractor’s services and the use or storage of trucks, trailers, semi-trailers, cranes, hoists, storage tanks, large timbers or beams, or similar equipment or the storage of construction or maintenance materials or supplies, but excluding any such equipment or materials when

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used as incidental to a primary use lawfully conducted on the premises and stored thereon in accordance with all applicable provisions of this title.

Convalescent home. The same as a rest home.

Convenience store. Any retail establishment offering for sale prepackaged food products, household items, and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet.

County. The County of Riverside.

Creek. A natural stream of running water larger than a brook and smaller than a river.

Crib wall. An earth-retaining structure with nearly vertical face constructed of modular preformed materials.

Cut. The mechanical removal of earth material.

Cut and fill. Excavating material in one place and depositing it as fill in another place.

Cutting. The detaching or separating, from a protected tree, of any limb, branch, or root in a manner which will permanently damage the health or condition of the tree.

Damage. For the purposes of interpreting Chapter 18.80, Tree Preservation, any action undertaken which causes injury, death, or disfigurement to a tree. This includes but is not limited to cutting, poisoning, overwatering, relocating, or transplanting a protected tree, or trenching, excavating, or paving within the protected zone of a tree.

Day care facility. A facility which provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. Includes family day care homes and extended day care facilities. A family day care home is a day care facility located in a residence which regularly provides care, protection, and supervision of 14 or fewer children from more than one other family, in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away and includes the following:

A. Small family day care homes are those which provide family day care for 8 or fewer children, including children who reside at the home.

B. Large family day care homes are those which provide family day care for up to 14 children, inclusive, including children who reside at the home.

Daylight line. The line between grading and natural terrain drawn by connecting the points where proposed contours meet existing contours.

Deadwood. Limbs, branches, or portions of a tree that contain no green leaves during a period of the year when they should be present.

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Deck. An uncovered area constructed using hardscape materials including but not limited to wood, composite materials, concrete, etc., that is elevated above final grade to a maximum of 3 feet measured at the finished floor and which may or may not include railing.

Density. The number of dwelling units per gross acre, unless otherwise stated, for residential uses.

Density transfer. A way of retaining open space by concentrating densities while leaving unchanged historic, sensitive, scenic, or hazardous areas.

Distribution center. A warehouse or other specialized building, that may or may not have refrigeration or air conditioning, which is stocked with goods, wares, merchandise, equipment, manufactured goods, wholesale products, retail products, and similar types of materials or finished products and commercial or industrial products or equipment of any type or nature, to be redistributed to retailers, to wholesalers, or directly to consumers.

Distribution facility. A structure, building or other facility that is usually smaller than a firm's main warehouse and is used for receipt, temporary storage, and redistribution of goods, wares, merchandise, equipment, manufactured goods, wholesale products, retail products, and similar types of materials or finished products and commercial or industrial products or equipment of any type or nature, according to the customer orders as they are received. Also called branch warehouse or distribution warehouse.

District. A zoning district.

Dripline. The outermost edge of a tree's canopy. When depicted on a map, the dripline will appear as an irregular-shaped circle that follows the contour of the branches as seen from overhead.

Drive-through facility. A facility, including a restaurant, which by its design allows people to receive goods and/or services while remaining in their automobiles.

Drive-through restaurant. See restaurant.

Dwelling. A building or portion thereof designed exclusively for residential occupancy, including one-family, two-family, and multiple-family dwellings, but not including hotels, boarding or rooming houses, or dormitories.

A. Dwelling, multiple-family. A detached building designed and used for occupancy by three or more families, each living independently of others and each having separate kitchen facilities.

B. Dwelling, multifamily attached. A building containing two or more dwelling units.

C. Dwelling, single-family. A detached building designed or used exclusively for the occupancy by one family and having a kitchen facility for only one family.

D. Dwelling, single-family attached. A duplex, triplex, or fourplex.

E. Dwelling, single-family detached. A building containing one dwelling unit.

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F. Dwelling, two-family. A building designed or used exclusively for the occupancy by two families, living independently of each other and having separate kitchen facilities for each family. The term "two-family dwelling" shall include the term "duplex."

Dwelling unit. Two or more rooms including a bathroom(s) and a kitchen, designed for occupancy by one family for living and sleeping purposes.

Earth material. Any rock, natural soil, or fill and/or any combination thereof.

Easement. A grant of one or more property rights by the property owner for use by the public, a corporation, or another person or entity.

Educational facility – public and private schools. Public or private schools offering instruction in those courses required by the California Education Code and maintained pursuant to the standards set by the State Board of Education. This definition includes a nursery school, preschool, elementary school, middle school, junior/middle high school, high school, or college/university. It does not include a vocational or professional trade school.

A. Small educational facility. A public or private school, as defined above, for 25 or fewer students.

B. Large educational facility. A public or private school, as defined above, for 26 or more students.

Educational facility – vocational/trade schools. Schools that offer instruction and practical introductory experience in commercial and/or trade skills.

Elevation. The height or distance above sea level.

Emergency shelter. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person, regardless of an ability to pay.

Encroachment. For purposes of interpreting Chapter 18.80, Tree Preservation, any intrusion or human activity into the protected zone of an oak tree including but not limited to pruning, grading, excavating, trenching, or the construction of structures or other improvements.

Erosion. The process by which the soil and rock components of the earth's crust are worn away and removed from one place to another by natural forces such as weathering, solution, and transportation.

Excavation. The mechanical removal of earth material.

Existing grade. The ground level prior to grading.

Export. The excess earth material that is removed from a grading project and deposited off-site.

Family. One or more individuals occupying a dwelling unit and living as a single household unit.

Fill. A deposit of earth material placed by artificial means.

Finish grade. The final grade of the site which conforms to the approved plan.

Floodplain. The land area adjacent to a watercourse which is subject to the overflow of floodwaters.

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Floor area ratio (FAR). The numerical value obtained by dividing the aboveground gross floor area of a building or buildings located on a lot or parcel of land by the total area of such lot or parcel of land.

Foothill. A hill at the base of a mountain.

Freeway building frontage. A building wall parallel or nearly parallel to an adjacent freeway.

Freeway lot frontage. A property line adjacent to a freeway right-of-way.

Frontage. The distance measured along a front line adjoining a street or a side lot line on the street side of a corner lot.

Garage. Defined as one of the following:

A. Garage, private. An accessory building or an accessory portion of a main building, not including carports, designed or used only for the shelter or storage of operating motor vehicles owned or operated by the occupants of the main building.

B. Garage, public. Any garage other than a private garage used only for the shelter or storage of operating motor vehicles and/or for the care, repair, equipping, hire, or sale of such vehicles.

General Plan. The City of Calimesa General Plan as adopted by the City Council, who may amend the plan from time to time.

General retail. A retail business focusing on the sale of typical consumer merchandise not specifically listed under another use classification. General retail does not include general services. See also, “General Services”

General services. Activities where people offer their knowledge and time to improve productivity, performance, potential, and sustainability. The production of services instead of end products. Typical personal services include but are not limited to dry cleaners, locksmiths, tailors, shoe repair, etc. General services do not include personal services.

Grade. The average of the finished ground level at the center of all exterior walls of a building. In cases where the walls are parallel to and within 5 feet of a sidewalk, the aboveground level shall be measured at the sidewalk.

Grade separation. The separation at different levels of two intersecting roads, by bridge, tunnel, or underpass, so as to permit the roads to cross without obstructing free traffic movement on either.

Grading. Any excavating or filling or combination thereof.

Gross acreage. The total area within the lot lines of a lot or parcel of land before public streets, easements, or other areas to be dedicated or reserved for public use are deducted from such lot or parcel. Does not include adjacent lands already dedicated for such purposes.

Gross floor area. The area included within the surrounding exterior finish wall surface of a building or portion thereof, exclusive of courtyards.

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Guest house. Living quarters, having no kitchen facilities, located on the same premises with a main building and occupied for the sole use of members of the family, temporary guests, or persons permanently employed on the premises.

Hair stylist. A business run from a private residence. See also barber or beauty shop.

Haul road. A road along which material is transported from the area of excavation to the processing plant or stockpile area of a surface mining operation.

Healthy oak tree. Any oak tree that is not dead or in a state of decline (i.e., exhibits a greater degree of disease and/or pest infestation than normal).

Heritage oak tree. An oak tree of the genus Quercus other than a protected oak tree or scrub oak that has a trunk measuring 12 inches or more in diameter as measured 4.5 feet from the natural grade (i.e., diameter at breast height (DBH)).

Hill. An area of land that is higher than the land around it.

Hillside. A parcel of land or a definable portion thereof with an average rise or fall of more than 1 foot vertically for each 16 feet horizontally (16 percent slope).

Home occupation. Any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which does not change the character thereof. A day care facility shall not be a home occupation for the purpose of this code.

Hospital. Any facility licensed by the California Department of Public Health specializing in providing clinical, temporary, or emergency services of a medical or surgical nature to patients or injured persons.

Hotel. Guest rooms or suites occupied on a transient basis, with most rooms gaining access from an interior hallway.

Hydrology. The properties of the water, including circulation and distribution, on and below the ground.

Idle. To curtail, for a period of one year or more, surface mining operations by more than 90 percent of the operation's previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date (California Public Resources Code Section 2727.1).

Import fill. Material obtained off-site to balance a grading project.

Junk. Any worn out, cast off, or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some reuse. Any article or material which, unaltered or unchanged and without further reconditioning, can be used for its original purpose as readily as when new shall not be considered junk.

Junkyard. Any lot or the use of any portion of a lot where scrap, waste, or discarded materials are bought, sold, exchanged, baled, packed, disassembled, handled, or stored, including automobile wrecking yards, house wrecking yards, used lumber yards, and places or yards for storage of salvage house-wrecking and structural steel materials and equipment. Junkyards do not include pawnshops and

Page 18.10-10


establishments for the sale, purchase, or storage of used furniture and household equipment, used cars in operable condition, or salvaged material incidental to manufacturing operations conducted on the premises.

Kennel. Any lot, building, structure, or premises upon or in which four or more dogs or cats over four months of age are kept for sale or breeding purposes or are boarded or trained for hire, or where four or more weaned dogs or cats are kept, maintained, or permitted for any reason or purpose, whether commercial, noncommercial, or otherwise.

Kitchen. Any room designed, used, or maintained for cooking or preparation of food.

Knoll. A small round hill or mound.

Land. The portion of the earth's surface above the level of the sea or ocean.

Landscaping. The planting and maintenance of some combination of trees, shrubs, vines, ground cover, flowers, or lawn. In addition, the combination or design may include natural features such as rocks, stone, and structural features including but not limited to fountains, reflecting pools, art works, screens, fences, and benches.

Linkage. A pedestrian walkway, constructed within landscaped parking areas, which provides safe, unrestricted access to establishments within the development.

Live-work unit. A mixed-use development that combines residential living space and commercial or office space within one structure and/or unit for a single owner.

Living area. The interior habitable area of a dwelling unit including basements and attics. Does not include a garage or accessory structure.

Loading space. An off-street space or berth on the same lot with a building for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.

Lot. A parcel of land occupied, or to be occupied, by a building or group of buildings and accessory buildings, together with such yards, open spaces, lot width, and lot area as required by the provisions of this title, and having frontage upon a public street or a place approved by the Commission. The word "lot" shall include the words "parcel" or "plot."

A. Lot, corner. A lot abutting upon two or more streets at their intersection or junction.

B. Lot, flag. A lot having access or an easement to a public or private street by a narrow, private right-of-way.

C. Lot, interior. A lot other than a corner, reversed corner, or key lot.

D. Lot, key. A lot with a side line that abuts the rear line of any one or more adjoining lots.

E. Lot, reversed corner. A corner lot, the street side of which is substantially a continuation of the front lot line of the first interior lot to its rear.

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F. Lot, through. A lot having frontage on two parallel or approximately parallel streets.

Lot area. The total horizontal area within the lot lines of a lot.

Lot depth. The horizontal distance between the front and rear lot lines, measured in the mean direction of the side lot lines.

Lot line. Any boundary of a lot. The classifications of lot lines are as follows:

A. Lot line, front. The line separating the lot from the street in the case of an interior lot, and the line separating the narrowest street frontage of the lot from the street in the case of a corner lot.

B. Lot line, rear. The lot line which is opposite and most distant from the front lot line.

C. Lot line, side. Any lot line which is not a front lot line or a rear lot line.

Lot width. The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

Man-made slope. A manufactured slope consisting wholly or partly of either cut or fill.

Manufacture. To assemble, fabricate, compound, process, treat, or remanufacture.

Manufactured home. A home built or manufactured in a factory, including mobile homes, as permitted by California and federal laws.

Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.

Mechanical play device or electronic play device. Any machine, device, or apparatus, whether mechanically or electronically operated, including pool and billiard tables, the operation of which is made possible by the deposit or placement of any coin, slug, disk, card, key, or any other article or device, into any slot, crevice, or opening, or by the payment of any fee or consideration for its use or operation, and which involves the manipulation of hand levers, electronic releases, or other buttons or levers in the conduct of the game.

Mineral. Any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including but not limited to coal, peat, and bituminous rock, but excluding geothermal resources, natural gas, and petroleum (California Code of Regulations Section 3501). For the purposes of this title, minerals shall also include but not be limited to sand, gravel, cinders, diatomaceous earth, shale, limestone, flagstone, decorative stone, and riprap.

Mobile home. The same as manufactured home, but subject to the National Manufactured Housing Construction and Safety Standards Act of 1974.

Mobile home park. Any area or tract of land where one or more mobile home spaces are rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation.

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Motel. Guest rooms or suites occupied on a transient basis, with most rooms gaining access from an exterior walkway.

Municipal Code. The Calimesa Municipal Code, as amended.

Native vegetation. The natural vegetation commonly found in the area.

Natural area. An undeveloped site which has not been graded.

Natural open space. The landform as created by nature or as subsequently modified by either agricultural activities or to meet fuel modification fire standards. Within natural open spaces, vegetation introduced for agricultural purposes may be removed and the area revegetated. Existing trees, riparian vegetation, and native plant communities within natural open spaces shall be preserved and protected. Man-made water bodies and trails through natural open spaces may be considered as natural open space.

Natural slope. A slope which is not man-made. A natural slope may retain the natural vegetation during adjacent grading operations or it may be partially or completely removed and replanted.

Net site area. The total area within the lot lines of a lot or parcel of land after public street easements or other areas to be dedicated or reserved for public use are deducted from such lot or parcel.

Nonconforming lot. A lot which, when lawfully created or established, complied with the width and area requirements of the district where located, but which does not conform to the presently existing area or width regulations of the district where located, or which does not conform to the presently existing requirements of the subdivision ordinance governing lot standards.

Nonconforming structure. A building or structure lawfully existing on the effective date of these regulations but which would be prohibited, regulated, or restricted under the terms of these regulations or future amendment.

Nonconforming use. A use which lawfully occupied a building or land on the effective date of these regulations but which would be prohibited, regulated, or restricted under the terms of these regulations or future amendment.

Oak tree. Any oak tree of the genus Quercus, including scrub oak (Quercus dumosa).

Open space. Land not covered by buildings, roads, or vehicular accessways and including such areas as private yards, landscaped areas, slopes, natural areas, common areas, greenbelts, parks, and areas of recreation as described in California Government Code Section 66560.

Operator, mining. Any person who is engaged in surface mining operations, who permits others to conduct surface mining operations on his property and who receives a financial benefit therefrom, or who contracts with others to conduct operations on his behalf, except a person who is engaged in surface mining operations as an employee with wages as his sole compensation.

Overburden. The soil, rock, or other materials that lie above a natural mineral deposit or in between deposits, before or after their removal by surface mining operations.

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Pad. A generally flat or stepped area created by grading to accommodate development.

Parcel. A parcel of land under one ownership that has been legally subdivided or combined and is shown as a single parcel on the latest equalized assessment roll.

Park and recreation facility. A public or private open space or park, which may contain recreation facilities. Park and recreation facilities do not include commercial recreation facilities. See also, “Commercial Recreation Facility”

Parking space, automobile. A space within a building or on a lot for the parking or temporary storage of one automobile with adequate provision for ingress and egress by an automobile of standard size.

Patio. An uncovered area constructed at grade using hardscape materials including but not limited to concrete, brick, pavers, or gravel.

Peak. The highest part of a mountain, usually steep sided at the summit.

Permitted use. Any use allowed in a zone district and subject to the provisions applicable to that district.

Person. A firm, association, organization, partnership, trust, company, governmental agency, or corporation, as well as an individual or other legal entity.

Personal services. Include tanning salons, day spas, massage establishments, tattoo or body piercing parlors, or uses deemed similar to any listed herein.

Planning Director. The director of the City of Calimesa Planning Department, or his/her designee.

Principal use. The primary or predominant use of any lot, building, or structure.

Prominent ridge. A ridge or hill which is visible from arterial streets or major public space, which forms a part of the skyline or is seen as a distant edge against a backdrop of land or is so designated by the General Plan or Zoning Code.

Protected oak tree. An oak tree of the genus Quercus, including scrub oak (Quercus dumosa), other than a heritage oak tree or scrub oak, that has a trunk measuring 2 inches or more in diameter as measured 4.5 feet from the natural grade (i.e., diameter at breast height (DBH)).

Protected stand of oak trees (oak grove). A cluster of four or more oak trees of the genus Quercus, including scrub oaks (Quercus dumosa).

Protected zone. A specifically defined area totally encompassing an oak tree or an oak grove within which work activities are strictly controlled. When depicted on a map, the outermost edge of the protected zone will appear as an irregular-shaped circle that follows the contour of the dripline of the tree or the outermost trees in a grove. Using the dripline as a point of reference, the protected zone shall commence at a point 5 feet outside of the dripline of an oak tree or oak grove and extend inward to the trunk of the tree or grove. In no case shall the protected zone be less than 15 feet from the trunk of an oak tree.

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Pruning. Any or all work performed upon the roots or the limbs of an oak tree, including but not limited to removal of live tissue, ornamental pruning, aesthetic pruning, thinning out, heading up, or any similar actions that involve removal of live tissue.

Public right-of-way. A strip of land acquired by reservation, dedication, prescription, or condemnation and intended to be occupied by a road, trail, water line, sanitary sewer, and/or other public uses.

Public utility facility. Defined as, but not be limited to, an assembly of materials and equipment including the buildings and structures necessary for the provision of electricity, telephone, cable television, water, and gas for general consumer use.

Quasi-public use. A use conducted by a private nonprofit educational, religious, recreational, charitable, or medical institution, the use having the purpose primarily of serving the general public, and including uses such as churches, private schools and universities, private hospitals, youth centers, and similar uses.

Reclamation. The combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines. Mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses, and creates no danger to public health or safety. The process may extend to affected lands surrounding mined lands and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization, or other measures.

Recreational vehicle. A vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for recreational or sporting purposes. Includes but is not limited to travel trailers, pickup campers, camping trailers, motor coach homes, converted trucks or buses, boats and boat trailers, and all-terrain vehicles.

Recyclable material. Reusable material, including but not limited to metals, glass, plastic, and paper, which is intended for reuse, remanufacture, or constitution for the purpose of using the altered form. Does not include refuse or hazardous materials.

Recycling facility. A center for the collection and/or processing of recyclable materials.

A. Certified recycling facility or certified processor. A recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business, or manufacturer.

B. Collection facility. A center for the acceptance, by donation, redemption, or purchase, of recyclable materials from the public. Such a facility does not use power-driven processing equipment except as indicated in Subsection 18.25.050.H.2.e. Collection facilities may include the following:

1. Reverse vending machines.

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2. A small collection facility which occupies an area of not more than 500 square feet and may include a mobile unit.

3. Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet.

4. Kiosk-type units, which may include permanent structures.

5. Unattended containers placed for the donation of recyclable materials.

6. A large collection facility which may occupy an area of more than 500 square feet and may include permanent structures.

C. Mobile recycling unit. An automobile, truck, trailer, or van, licensed by the California Department of Motor Vehicles, which is used for the collection of recyclable materials. A mobile recycling center also means the bins, boxes, or containers transported by trucks, vans, or trailers and used for the collection of recyclable materials.

D. Processing facility. A building or enclosed space used for the collection and processing of recyclable material. Processing means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Processing facilities include the following:

1. A light processing facility occupies an area of under 45,000 square feet of gross collection, processing, and storage area and has up to an average of two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding, and sorting of source-separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers.

2. A heavy processing facility is any processing facility other than a light processing facility.

E. Reverse vending machine(s). An automated mechanical device which accepts at least one or more types of empty beverage containers, including but not limited to aluminum cans, glass, and plastic bottles and cartons, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the State of California. A reverse vending machine may sort and process containers mechanically, provided that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary. A bulk reverse vending machine is a reverse vending machine that is larger than 50 square feet, is designed to accept more than one container at a time, and will pay by weight instead of by container.

Removal, tree. Physically removing a tree or causing the death of a tree through damaging, poisoning, or other direct or indirect action.

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Restaurant. Defined as the following:

A. Restaurant, drive-in, drive-through, and walk-up. An establishment which, on a regular basis, is open for the serving of meals to patrons for compensation, from a limited menu, on which orders and food are taken or provided at a counter serving primarily take-out food, or any full-service restaurant with a drive-in or walk-up counter or window.

B. Restaurant, full service. An establishment which, on a regular basis, is open for the serving of meals to patrons for compensation and which has adequate kitchen facilities suitable for the preparation of a variety of complete cooked meals, over and beyond such foods as sandwiches or salads, and at which orders are taken and meals are served at the tables by employees of the restaurant.

Rest home. A building or a group of buildings which provides nursing, dietary, and/or other personal services rendered to convalescents, invalids, or aged persons, but excludes cases of contagious, communicable diseases, and excluding surgery or primary treatment, such as are customarily provided in sanitariums, hospitals, and mental institutions.

Retail, general. See “General Retail”.

Retail shopping center. A combination of two or more buildings totaling 25,000 square feet or more of gross floor area which are located on one or more parcels with reciprocal parking and access.

Retail store. A business selling goods, wares, or merchandise directly to the ultimate consumer.

Routine maintenance, tree. Actions needed for the continued good health of an oak tree, including but not limited to removal of deadwood, insect control spraying, and watering.

Salvage yard. Any lot or the use of any portion of any lot where scrap, waste, discarded, or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, handled, or stored, including automobile wrecking yards, used lumber yards, and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but not including pawnshops and establishments for the sale, purchase, or storage of used furniture and household equipment, used cars in operable condition, or salvaged materials incidental to manufacturing operations conducted on the premises.

School. See “educational facility – public and private schools”.

School, trade or vocational. See “educational facility – vocational/trade schools”.

Second dwelling unit. An additional dwelling unit providing independent living facilities for one or more persons located on the same parcel as a single-family dwelling.

Secondhand store. A store that sells items that have been previously sold or used or that have been donated for resale.

Section. Any portion of this title immediately preceded by figures commencing with the number 18.

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Setback. The required distance that a building, structure, parking, or other designated item must be located from a lot line.

Setback area. The area between the building line and the property line, or when abutting a street, the ultimate right-of-way line.

Setback distance. The distance between the building line and the property line, or when abutting a street, the ultimate right-of-way line.

Single household unit. The functional equivalent of a traditional family, whose members are an interactive group of persons, where such persons jointly occupy a single dwelling unit, jointly use common areas, and share household activities and responsibilities (e.g., meals, chores, and expenses), and where, if the unit is rented, all adult residents have chosen to jointly occupy the entire premises of the dwelling unit, under a single written lease with joint use and responsibility for the premises, and the makeup of the household occupying the unit is determined by the residents of the unit rather than the landlord or property manager.

Single-loaded street. A street with lots fronting on one side only.

Single-room occupancy (SRO). Multiunit housing for very low-income persons that typically consist of a single room and shared bath and also may include a common kitchen and common activity area.

Slope. An inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance.

Slope bank. A man-made slope steeper than 5:1 (20 percent).

Storage. The use of land or structures for the warehousing, storage, or holding of goods, wares, merchandise, equipment, building materials, lumber, furniture, household goods, manufactured goods, wholesale products, retail products, and similar types of materials or finished products and commercial or industrial products or equipment of any type or nature, for any length of time, and regardless of whether any of the foregoing items are offered for sale.

Storage yard. Any open space upon which is stored or placed for any length of time, as a primary use of the land, any goods, wares, merchandise, finished products, materials in process, equipment, or supplies of any kind, but excluding the storage or placing of any of the foregoing items solely as a use secondary to a lawful primary use conducted on the property, provided applicable provisions of the Municipal Code are met.

Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. That portion of a building between a floor and a floor above, more than 50 percent of the volume of which is below grade, shall not be considered a story unless chargeable for parking.

Street. A public thoroughfare of right-of-way dedicated, deeded, or condemned for public use and which affords the principal means of access to abutting properties.

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Street site. Any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.

Structure. Anything constructed or erected which requires location on the ground or attached to something having a location on the ground.

Subsection. Any division within any numbered section of this title.

Supportive housing. Housing with no limit on length of stay that is occupied by the target population as defined by Government Code Section 65582 and that is linked to on- or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

Surface mining operations. All, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incidental to an underground mine. Surface mining operations include but are not limited to:

A. In-place distillation, retorting, or leaching.

B. Production and disposal of mining waste.

C. Prospecting and exploratory activities.

Surface mining operations also include the creation of borrow pits, streamed skimming, segregation, and stockpiling of mined materials and recovery of same (California Code of Regulations Section 3501).

Temporary use. A use established for a specified period of time, with the intent to discontinue the use at the end of the designated time period.

Toe of slope. The lowest elevation of a slope which transitions to a flatter area or pad.

Top of slope. The highest elevation of a slope.

Topography A general term to include characteristics of the ground surface such as plains, hills, mountains, degree of relief, steepness of slope, and other physiographic features.

Transition. The area where a slope bank meets the natural terrain or a level graded area either vertically or horizontally.

Transitional housing. Rental housing operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. The term "transitional housing" shall include the term "transitional housing development."

Truck terminal. Any facility, building, or premises used or improved for use for the storage, maintenance, repair, or servicing of trucks, trailers, semi-trailers, or similar transportation equipment or used primarily in connection with the transportation, transfer, or storage of goods, wares, or merchandise, whether or not such use is conducted outside or within an enclosed building, but

Page 18.10-19


excluding the storage, maintenance, repair, or servicing of any such transportation equipment or the storage of goods, wares, and merchandise solely as an incident to a conduct of a primary use permitted and lawfully conducted by the owner thereof on such premises.

Undeveloped parcel. A property that has not been developed or improved to the maximum extent allowed by the existing land use designation and zoning of the property. [Ord. 239 § 2, 2006; Ord. 200 § 2, 2002; Code 1990 § 9.16.02.]

Uniform slope. A slope of a uniform slope ratio.

Usable open space. Any usable area designated for and to be used for outdoor living, recreation, or landscaping on the ground or unenclosed balcony, or on an approved roof deck. May include patios and deck areas of swimming pools and rear yards. No portion of required front yards and side yards, off-street parking space, or driveways shall constitute usable open space.

Use. The purpose for which land or a building is arranged, designed, or intended or for which either is or may be occupied or maintained.

Variable slope. A man-made slope (usually a slope bank) which has a variety of slope ratios rather than a single ratio.

Variance. A waiver of specific regulations of this title, granted by the City in accordance with the provisions set forth in this title, for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone.

Vegetation. Growing plants.

Viewshed. Areas of development which can be viewed from arterial roads, freeways, major collector roads, and public gathering places such as major shopping centers. [Ord. 94-6; Code 1990 § 9.15.06.]

Warehouse. A facility building, facility or other structure for the storage or holding of any goods, wares, merchandise, equipment, building materials, lumber, furniture, household goods, manufactured goods, wholesale products, retail products, and similar types of materials or finished products and commercial or industrial products or equipment of any type or nature, for any length of time, and regardless of whether any of the foregoing items are offered for sale.

Warehousing/distribution. A structure, building or other facility, or any portion thereof, primarily used for the warehousing, storage, or holding of goods, wares, merchandise, equipment, manufactured goods, wholesale products, retail products, and similar types of materials or finished products and commercial or industrial products or equipment of any type or nature, for any length of time, and regardless of whether any of the foregoing items are offered for sale. “Warehouse, storage or distribution facility” shall include, but is not limited to, the following:

1. Wholesale distribution facility;

2. Distribution center;

3. Distribution facility;

4. Moving and transfer storage;

Page 18.10-20


5. Mini-warehousing, self-storage; and

6. Cross-dock facility, bulk break center, package handling center, order fulfillment center, logistics center or facility, or warehousing or distribution center, building, structure or other facility.

Wholesale. An item for sale or resale and not for direct consumption.

Wrecking yard. The same as an automobile dismantling yard.

Yard. An open space on a lot unoccupied and unobstructed from the ground above. Classifications are as follows:

A. Yard, front. A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot located at the distance prescribed by the regulations of the zone district in which the property is located.

B. Yard, rear. A yard extending across the full width of the lot between the most rear main building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the nearest part of the main building toward the nearest point of the rear lot line.

C. Yard, side. A yard between the main building and the side lot line, extending from the front yard or front lot line where no front yard is required, to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of a side lot line toward the nearest point of the main building.

Zero lot line. The location of a structure on a lot in such a manner that one or more of the structure's sides rests directly on a lot line.

Zone. An area of land shown on the official zoning map or described in this title within which uniform regulations for the uses and development of land are made applicable by this title. Includes district, zone district, and zoning district.

Zone change. The legislative act of amending this title by changing the zone district for a parcel or other area of land on the official zoning map.

Zoning clearance. A process to ensure that all new and modified uses and structures comply with applicable provisions of this code. [Ord. 288 § 3, 2009; Ord. 285 §§ 2, 3, 2009; Ord. 233, §§ 4 – 6; Ord. 95-7 § 2; Code 1990 § 12.2.02.]

Zoning map. The map or maps that are part of the Zoning Code that delineate the boundaries of zone districts.

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Chapter 18.15 ADMINISTRATIVE PROVISIONS

Sections:

18.15.010 Purpose.

18.15.020 Application.

18.15.030 Building permits.

18.15.040 Certificates of occupancy.

18.15.050 Conditional use permits.

18.15.060 Zoning code amendments.

18.15.070 Enforcement.

18.15.080 Hearings and appeals.

18.15.090 Home occupation permits.

18.15.100 Minor adjustments.

18.15.110 Minor modifications.

18.15.120 Nonconforming structures and uses.

18.15.130 Temporary use permits.

18.15.135 Temporary events.

18.15.140 Variances.

18.15.150 Zone change.

18.15.160 Reasonable accommodation.

18.15.170 Zoning clearance.

18.15.180 Determination of similar use.

18.15.190 Specific plan.

18.15.010 Purpose.

The purpose of this chapter is to provide provisions for the review of all development applications and procedures for public hearings and public noticing. [Ord. 95-7 § 2; Code 1990 § 12.10.01.]

Page 18.15-1


18.15.020 Application.

A. Application Filing. Application for permits, permit modifications, amendments, and other matters pertaining to this Zoning Code shall be filed with the Planning Department on a City application form, together with all fees, plans, maps, and other information required by the Planning Department. The application shall be made by the owner(s) or lessee(s) of property, or their agents, or person(s) who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this Zoning Code, or the agent(s) of such persons. An application shall be acted upon within one year of the filing date; otherwise the application shall be null and void. Refunds will not be issued for expired applications.

B. Fees. The City Council shall, by resolution, establish a schedule of fees for permits, amendments, and other matters pertaining to this Zoning Code. The schedule of fees may be changed or modified only by resolution of the Council. Until all applicable fees have been paid in full, review shall not commence on any application. The City is not required to continue processing any application unless its fees are paid in full. Failure to pay the applicable fees is grounds for denial of the application. [Ord. 95-7 § 2; Code 1990 § 12.10.02.]

C. Agreement. Upon approval of a permit, entitlement or other development approval pursuant to this chapter, the applicant shall agree, in writing, to abide by and comply with all provisions and conditions of the permit or other approval and this code, in a form satisfactory to the city.

18.15.030 Building permits.

A. Required. It is unlawful for any property owner, or his/her authorized agent, to commence any work pertaining to the erection, construction, reconstruction, moving, conversion, or alteration of any building, or any addition to any building, until a building permit has first been secured from the Building and Safety Division for such work.

B. Application. Each application for a building permit shall be made on a printed form to be obtained at the Building and Safety Division, and shall be accompanied by accurate information and dimensions as to the size and location of the lot, the size and location of the buildings on the lot, the dimensions of all yards and open spaces, and such other information as may be necessary for the enforcement of these regulations. Where complete and accurate information is not readily available from existing records, the Building and Safety Division may require the applicant to furnish a survey of the lot, prepared by a licensed surveyor. The original of such application shall be kept in the Building and Safety Division.

C. Issuance Restrictions – General. No building permit shall be issued for the erection or use of any structure or part thereof, or for the use of any land, which is not in accordance with the provisions of this title, and in conformity with the approved site plan or conditional use permit, where required by this title. Any permit issued contrary to the provisions of this title, or not in conformity with the approved site plan or conditional use permit, shall be void and of no effect.

D. Issuance Restrictions – Prohibited Structures. No building permit shall be issued where the structure or structures to be erected will have the effect of depriving other persons of the use of their property or will have the effect of invalidating the General Plan.

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E. Dedication of Streets. The applicant for a building permit in any zone shall dedicate any half-width streets that have not been dedicated, or the applicant shall dedicate additional right-of-way as may be shown on the General Plan or any ordinance which sets forth rights-of-way in excess of those now in existence.

F. Improvements Required.

1. The applicant for a building permit shall be required to improve street frontages and provide public facilities in accordance with the existing standards and regulations developed by the Director of Public Works; generally, the street improvements include paving, curbs, gutters, sidewalks, and drainage facilities.

2. The applicant for a building permit shall provide for the street improvements to be installed abutting the lots desired to be built upon. Such street improvements shall include the half-width street improvements and the concrete curbs and gutters immediately abutting the premises to which the building permit would apply. The street improvements shall also include sidewalks, in accordance with standards developed by the Public Works Department. Public facilities shall be installed by the developer for all construction, and in accordance with the requirements of the Public Works Department. [Ord. 95-7 § 2; Code 1990 § 12.10.03.]

18.15.040 Certificates of occupancy.

The following provisions are intended to ensure that any initiation or reestablishment of a legally permitted use within a legally established, or a legal nonconforming, structure shall comply with all applicable provisions of the Municipal Code.

A. New Buildings. A certificate of occupancy shall be issued only after such new building, enlargement, or alteration has been completed in conformity with the provisions of any regulating ordinance, and with any approved site plan and required conditions of approval, and when the proposed use conforms to this title and required conditions.

B. Existing Buildings and Undeveloped Land. A certificate of occupancy shall be issued for the reuse of an existing building, or the use of undeveloped land, only after the improvements for such building or land conform to the property development standards of this title. Where feasible, such standards shall include the provision of required walls, landscaping, parking, trash enclosures, street improvements, and all other improvements determined by the Planning Department to be necessary or required by any regulating ordinance for the particular use. [Ord. 95-7 § 2; Code 1990 § 12.10.04.]

18.15.050 Conditional use permits.

A. Purpose and Intent. A conditional use permit (CUP) provides for a discretionary review of a project or use to ensure that the project or use will not have an adverse effect on the surrounding area. A use that requires a CUP shall be permitted only if a permit is granted by the Planning Commission in accordance with the provisions of this section.

1. Application. An application for a conditional use permit shall be filed in a manner consistent with the requirements contained in Section 18.15.020, Application.

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B. Public Improvement and Dedication Requirements. Requirements include dedications for streets, drainage, and easements for public utilities, trails, flood control, and such other rights-of-way as may be essential to the orderly development of the site and abutting properties. Improvements include:

1. Grading, drainage, and drainage structures

2. Curbs and gutters

3. Sidewalks

4. Street pavement

5. Adequate domestic water service

6. Sanitary sewer facilities and connections

7. Services from public utilities, where provided

8. Street trees

9. Streetlights and street name signs

10. Any additional improvements and facilities as determined necessary by the Commission for the proper development of the site and area

C. Hearings and Notice. A public hearing shall be held on the application for a conditional use permit in accordance with the provisions of Section 18.15.080, Hearings and appeals.

D. Commission Actions. A conditional use permit application may be approved as submitted, conditionally approved, or denied. The CUP may be granted subject to such conditions which the Planning Commission considers necessary to protect the public health, safety, and welfare, and the intent and considerations stated in this section.

E. Continuation of Existing Uses. Uses existing on the effective date of the ordinance codified in this title which are listed as permitted subject to a conditional use permit may continue without securing such permit; however, any extension or expansion of such use shall comply with the provisions of this section.

F. Findings. The Commission, in approving a conditional use permit, shall find as follows:

1. The proposed use is conditionally permitted within the subject land use district and complies with all of the applicable provisions of this Zoning Code.

2. The proposed use would not impair the integrity and character of the land use district in which it is to be located.

3. The subject site is physically suitable for the type and intensity of land use being proposed.

4. The proposed use is compatible with the land uses presently on the subject property.

5. The proposed use would be compatible with existing and future land uses within the general area in which the proposed use is to be located.

6. The proposed use is compatible in scale, mass, coverage, density, and intensity with all adjacent land uses.

7. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety.

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8. There will be adequate provisions for public access to serve the subject proposal.

9. The proposed use is consistent with the General Plan.

10. There will not be significant adverse effects upon environmental quality and natural resources.

11. The negative impacts of the proposed use are mitigated.

12. The proposed location, size, design, and operating characteristics of the proposed use would not be detrimental to the public interests, health, safety, convenience, or welfare of the city.

G. Use of Property Before Final Decision. No permit shall be issued for any use involved in an application for approval of a conditional use permit until, and unless, the same shall have become final, pursuant to Subsection 18.15.080.F, Effective Date.

H. Expiration and Automatic Extension.

1. Expiration. Except as provided in subsection H.2, H.3, or H.4 of this section, a conditional use permit shall be used within one year from the date of permit approval; otherwise, the permit shall be null and void. The permittee may, at least 30 days prior to expiration of the permit, request an extension of time in which to use the permit. The request for extension of time shall be made to the Planning Department and accompanied by the fee set forth by resolution of the City Council. The Commission may grant 12-month extensions, not to exceed two extensions, based upon a determination that a valid reason exists for the permit not being used within the required period of time. The total time allowed for the use of the permit shall not exceed a period of three years, calculated from the date of permit approval. The term “used” shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under the terms of the authorized use.

2. First Automatic Extension – 2009. The expiration date of all conditional use permit approvals that have either not expired by October 9, 2009, or that are subsequently approved prior to January 1, 2012, shall be automatically extended by 24 months. This automatic extension provision shall not apply to any development plan approval that is granted on or after January 1, 2012.

3. Second Automatic Extension – 2011. The expiration date of all conditional use permit approvals that have either not expired by October 9, 2011, or that are subsequently approved prior to January 1, 2014, shall be automatically extended by 24 months. This automatic extension provision shall not apply to any development plan approval that is granted on or after January 1, 2014.

4. Third Automatic Extension – 2013. Except as provided in this subparagraph 18.15.050.H.4, the expiration date of all conditional use permits that were approved on or after January 1, 2000 and that have not expired on or before July 11, 2013, shall be automatically extended by 24 months. This automatic extension provision shall not apply to any conditional use permit approval that is granted on or after July 11, 2013. This automatic extension shall also not apply to any conditional use permit if the use for which the permit was granted had ceased or was suspended for more than one year.

I. Revisions and Modifications. A modification or revision to a conditional use permit may be approved by the Commission if it is determined that the revision is minor in nature pursuant to Subsection 18.15.110.C and that the following requirements are met:

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1. The proposed modification does not affect the required findings in subsection F of this section.

2. The proposed modification does not change the use designated in the original approval.

3. The proposed modification does not alter the shape or size of the buildings or land involved in the conditional use.

4. The proposed modification does not alter or affect any of the conditions placed on the project. Modifications or revisions that are not considered minor, as defined above, shall be made pursuant to the regular conditional use permit procedure set forth in this chapter.

J. Revocation. The Commission may hold a hearing to revoke or modify a conditional use permit granted pursuant to the provisions of this chapter. A conditional use permit may be revoked or modified by the Commission if any one of the following findings can be made:

1. Circumstances have changed so that one or more of the findings contained in subsection F of this section can no longer be made.

2. The conditional use permit was obtained by misrepresentation or fraud.

3. The use for which the conditional use permit was granted had ceased or was suspended for six or more consecutive calendar months.

4. One or more of the conditions of the conditional use permit have not been met within the time periods set forth in this chapter.

5. The use is in violation of any statute, ordinance, law, or regulation.

6. The use permitted by the conditional use permit is detrimental to the public health, safety, or welfare or constitutes a nuisance.

Notice shall be mailed to the record owner or lessee of the subject property not less than 20 days prior to giving public notice. Such notice shall set forth the noncompliance, and shall request appearance by the owner or lessee at the time and place specified for the hearing, to show cause why the permit should not be revoked. Public notice shall be given as provided in Section 18.15.080, Hearings and appeals. Within 10 days after the public hearing, the Commission may revoke or modify the conditional use permit. After revocation, the subject property shall conform to all regulations of the zone district in which it is located.

K. Conditional Use Permit to Run with Land. A conditional use permit granted pursuant to the provisions of this chapter shall continue to be valid upon a change of ownership of the site, business, service, use, or structure which was the subject of the permit application. [Ord. 318 § 2, 2011; Ord. 293 § 3, 2009; Ord. 95-7 § 2; Code 1990 § 12.10.05.]

18.15.060 Zoning code amendments.

A. Purpose. The City Council may amend the provisions of this Zoning Code for the public health, safety, convenience, general welfare, and aesthetic harmony of the city.

B. Hearings and Notice. Upon receipt in proper form of a Zoning Code amendment application, or upon direction of the City Council, and following department review, hearings shall be set before the Commission and City Council. Notice of the hearings shall be given pursuant to the requirements of Section 18.15.080, Hearings and appeals.

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C. Commission Action on Amendments. The Commission shall make a written recommendation to the City Council on the proposed amendment whether to approve, approve in modified form, or disapprove, based upon the findings contained in subsection E of this section.

1. Commission action recommending that the proposed Zoning Code amendment be approved, approved in modified form, or denied shall be considered by the City Council following Commission action.

D. City Council Action on Amendments. Upon receipt of the Commission's recommendation, the City Council may approve, approve in modified form, or disapprove the proposed amendment based upon the findings contained in subsection E of this section. Amendments to the Zoning Code shall be adopted by ordinance.

E. Findings. An amendment to this Zoning Code may be adopted only if the following findings are made:

1. The proposed amendment is consistent with the General Plan.

2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city. [Ord. 95-7 § 2; Code 1990 § 12.10.06.]


A. Purpose. Enforcement of the provisions of this Zoning Code shall be diligently pursued in order to provide for their effective administration, to ensure compliance with any conditions of approval, to ensure compliance with the General Plan, to promote the City’s planning efforts, and for the protection of the public health, safety, and welfare of the city.

B. Responsibility. The Planning Department shall be responsible for enforcing the conditions and standards imposed on all permits granted by the City and permitted under this Zoning Code. Any structure or use which is established, operated, erected, moved, altered, enlarged, or maintained contrary to the provisions of this Zoning Code is hereby declared to be unlawful and a public nuisance and shall be subject to the remedies and penalties set forth in Chapter 1.20, and/or revocation procedures contained in the following sections of this title: Section 18.15.050, Conditional use permits; Section 18.15.090, Home occupation permits; Section 18.15.130, Temporary use permits; and Section 18.15.140, Variances.

C. Permit Issuance. Any permit, certificate, or license issued subsequent to the effective date of and in conflict with this Zoning Code shall be null and void.

D. Remedies.

1. All remedies concerning this Zoning Code shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility of correcting prohibited conditions or removing prohibited structures, signs, or improvements, and shall not prevent the enforced correction or removal thereof.

2. Any construction in violation of this Zoning Code, or any condition(s) imposed on a permit or license, shall be subject to the issuance of a stop work order. The City may also pursue all available civil and criminal remedies authorized by Chapter 1.20 of Title 1 of this code or as otherwise authorized by law to eliminate or remedy any such violations. [Ord. 95-7 § 2; Code 1990 § 12.10.07.]

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18.15.080 Hearings and appeals.

A. Purpose. These provisions specify procedures for hearings before the City Council and Planning Commission, and appeals of any determination or action made by the Planning Director or the Planning Commission.

B. Application Processing. A public hearing upon an application shall be set before the appropriate body when:

1. The Planning Director has determined that the application complies with all applicable ordinance requirements; and

2. All procedures required by the City of Calimesa local guidelines for implementing the California Environmental Quality Act to hear a matter have been completed.

C. Notice of Hearing. Hearing notices shall be processed in a manner consistent with the provisions of California Government Code Sections 65090 and 65091.

Unless otherwise required by law, notice of time, date, and place of the hearing, the identity of the hearing body, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of real property which is the subject of the hearing, shall be given at least 10 days prior to the hearing by all of the following procedures:

1. By publication once in a newspaper of general circulation within the city.

2. By mailing or delivering to the owner of the subject real property or the owner’s duly authorized agent, and to the project applicant.

3. By mailing or delivering to each local agency expected to provide water, sewerage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

4. By mailing or delivering to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection or subsection C.2 of this section is greater than 1,000, a local agency, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the city.

5. By mailing to any person who has filed a written request with the Planning Department and has provided that department with a self-addressed stamped envelope for that purpose.

6. By posting in at least three public places within the boundaries of the city, including one public place in the area directly affected by the proceeding.

7. The Planning Director may require that additional notice of the hearing be given in any other manner he/she deems necessary or desirable.

D. Hearing Procedure. Hearings as provided for in this section shall be held at the date, time, and place for which notice has been given pursuant to this section. The meeting minutes shall be prepared and filed in the Planning Department. Any hearing may be continued, provided that prior to the adjournment or recess of the hearing, a clear announcement is made specifying the date, time, and place to which said hearing will be continued.

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E. Notice of Decision.

1. Planning Director. The Planning Director shall announce and record his/her respective decision in writing. The decision shall set forth applicable findings and any conditions of approval. A notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown on the application. The Planning Director’s decision shall not be final until issuance of the written decision.

2. Planning Commission. The Planning Commission shall announce and record its decision at the conclusion of the public hearing. The decision shall set forth the findings of the Commission together with all required conditions of approval deemed necessary to mitigate any impacts and protect the health, safety, and welfare of the community. The Commission’s decision shall be memorialized by resolution. The Commission’s decision shall not be final until issuance of the resolution.

Following the hearing, a written notice of the decision of the Commission and any conditions of approval shall be mailed to the applicant at the address shown on the application.

The recommendation with findings of the Commission for the following applications shall be transmitted to the City Council for final action:

a) Specific plans

b) General Plan amendments, text or map

c) Zoning Code amendments

d) Development agreements

e) Zone changes

3. City Council. The City Council shall announce and record its decision at the conclusion of the public hearing. The decision shall set forth the findings of the City Council and conditions of approval deemed necessary to mitigate any impacts and protect the health, safety, and welfare of the community. The City Council’s decision shall be memorialized by resolution. The City Council’s decision shall not be final until issuance of the resolution.

Following the hearing, a written notice of the decision of the City Council and any resolution, including the conditions of approval, shall be mailed by the City Clerk to the applicant at the address shown on the application.

The decision of the City Council shall be final, and there shall be no further appeal within the administrative procedures of the city.

F. Effective Date of Decision. Minor adjustments, variances, conditional use permits, and all other development permits shall become effective 16 days following the final date of action (i.e., date of approval of the permit by resolution or written decision) by the appropriate review authority, except as otherwise provided by subsection 18.15.080.J of this section. For decisions issued by the Planning Director, the Director’s letter of approval of the permit shall constitute the permit. The resolution approving the minor adjustment, variance, conditional use permit or other development permit shall constitute the permit. Zoning Code amendments, specific plan adoption and amendments, and zone changes shall become effective 30 days following the final date of action (i.e., adoption) by the City Council. The resolution or ordinance approving the specific plan, zone change, zoning provision,

Page 18.15-9


or amendment thereto, shall constitute the Zoning Code amendment, zone change, specific plan or specific plan amendment.

G. Appeal of Action or Determination. Any determination or action taken by the Planning Director may only be appealed to the Planning Commission. Any determination or action taken by the Planning Commission to approve or disapprove an application may be appealed to the City Council.

1. Appeals to Planning Commission. The following decisions of the Planning Director may be appealed to the Planning Commission:

a) Any decision by the Planning Director on an application for a home occupation permit, minor adjustment, minor modification, or reasonable accommodation;

b) Any decision by the Planning Director on an application for a sign permit;

c) Any other action by the Planning Director for which an appeal is authorized by this title.

2. Appeals to City Council. Only the following actions may be appealed to the City Council: All decisions of the Planning Commission.

3. Standing to Appeal. The applicant, or any interested person who is aggrieved by or dissatisfied with an appealable decision of the Planning Director or Planning Commission, for which an appeal is authorized by this Section 18.15.180.G may appeal from such determination or action by filing a written notice of appeal. The City Manager or any member of the City Council may file a written appeal of a decision of the Planning Commission on the basis that such action is of sufficient importance to the city that it should be reviewed by the entire City Council. In filing such appeal, the member of the City Council is not taking a position in favor of or against the action or any portion thereof and is not deciding or committing to a vote in favor of or against the action or any portion thereof. All appeals shall be filed in accordance with this Subsection 18.15 .180.

H. Filing of Appeals. All appeals shall be submitted to the Planning Department in writing on forms supplied by the Planning Director, and shall specifically state the basis of the appeal. A written appeal of an action of the Planning Director or Planning Commission shall be filed with the Planning Department within 15 days following the final date of determination or action for which an appeal is made. Except where an appeal is filed by the city manager of any member of the city council, the written appeal shall be accompanied by a filing fee as set forth by resolution of the City Council.

I. Notice of Appeal Hearings. Notice of an appeal hearing shall conform to the manner in which the original notice was given. The appellant shall be responsible for all noticing materials required in the original application.

J. Effective Date of Appealed Actions. An action of the Planning Director appealed to the Planning Commission shall not become final unless and until upheld by the Commission. An action of the Planning Commission appealed to the City Council shall not become final unless and until upheld by the City Council.

K. Reapplication. When an application for a permit or amendment is denied, no application for the same or substantially same permit or amendment shall be filed in whole, or in part, for the ensuing 12 months, except as otherwise specified at the time of denial. The Planning Director shall determine whether the new application is for a permit or amendment which is the same or substantially the same as a previously denied permit or amendment. No decision of the Planning Director shall be effective until a period of 15 days has elapsed following the written notice of decision.

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L. Reconsideration. If more complete or additional facts or information which may affect the original action taken on an application by a review authority are presented, the review authority may reconsider such action taken, if a request for reconsideration is filed with the Planning Department within 15 days following the final date of action. If a public hearing was required in the original review process, another public notice as specified in subsection C of this section shall be made prior to the reconsideration of the review authority, and all costs associated with the reconsideration shall be paid by the applicant. [Ord. 95-7 § 2; Code 1990 § 12.10.08.]

18.15.090 Home occupation permits.

A. Purpose. The purpose of a home occupation permit is to allow only those home occupations that are clearly subordinate and secondary to the primary use of the dwelling as a residence and to ensure compatibility of the home occupations with the principal residential uses in order to protect the integrity and character of neighborhoods.

B. Definition. A home occupation is an accessory, nonresidential business activity that is conducted.

C. Applicability. A home occupation permit shall be required for all home-based businesses except as provided in this Subsection C. An employee or contract employee of a licensed business enterprise (not located within a home) may work from home without first obtaining a home occupation permit.

1. Application and Fee. A signed application and payment of a fee, as set by resolution of the City Council, shall be submitted to the Planning Department.

2. Property Owner Authorization. If the home occupation is to be conducted on rental property, the property owner’s written authorization for the proposed use shall be obtained prior to the submittal for a home occupation permit.

3. Nontransferability. A home occupation permit is not transferable. Upon any change in ownership or occupancy of the property, or relocation of the home occupation to another location, the home occupation permit shall be void and of no effect, and a new permit and review shall be required for the new location or new owner or tenant.

D. Approval. The Planning Director shall have the authority to approve or deny a request for a home occupation based on the criteria contained in subsection D.2 of this section.

1. Business Registration. Immediately following the effective date of an approved home occupation permit, the applicant shall obtain a City business license. No home occupation shall be initiated until a current business license is obtained.

2. Criteria for Approval. A home occupation permit shall be granted only when the Planning Director determines that the proposed home occupation complies with the following findings:

a) The proposed home occupation is consistent with the General Plan, any applicable specific plan or master plan, and all applicable provisions of the Zoning Code.

b) The proposed home occupation is consistent with the standards and prohibited use regulations in subsections E and F of this section.

c) The establishment, maintenance, or operation of the home occupation applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the city.

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3. Compliance Requirements. The Planning Director may impose requirements and/or require guarantees in order to ensure compliance with this title and to prevent adverse or detrimental impact to the surrounding neighborhood.

E. Development Standards. Home occupation shall be subject to the following limitations:

1. Number of Home Occupations. There shall be no more than three home occupations in any dwelling unit.

2. Employees. Only the occupants of the dwelling may be engaged in the home occupation, except for a cottage food operation which is entitled to one non-resident employee.

3. Habitable Floor Area. The home occupation shall be an incidental and accessory use and shall not change the principal character of the dwelling unit. There shall be no remodeling or construction that will change the external appearance from a residential to a commercial look when viewed from the front of the building.

4. On-Site Sales. There shall be no direct sales of products or merchandise from the home, except for products of a cottage food operation.

5. Traffic/Vehicles. The home occupation shall not generate pedestrian or vehicular traffic beyond that normal to the residential district. No vehicles or trailers, except those normally incidental to the residential use, shall be kept on the site.

6. Signs. The home occupation shall not involve the use of advertising signs or window displays on the premises, or any other local advertising media which calls attention to the fact that the home is being used for business purposes, telephone number listing excepted.

7. Storage. There shall be no storage of material or supplies within view of the public right-of-way, and storage shall not utilize a required parking space (e.g., within a required garage). No outdoor storage shall be permitted.

8. Deliveries. The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises, except for FedEx, UPS, or USPS-type home pickups and deliveries. Deliveries shall not exceed those normally and reasonably occurring for a residence.

9. Off-Site Effects. No use shall create or cause noise, dust, light, vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare, or electrical interference or other hazards or nuisances.

10. Special Condition. Any special condition established by the Planning Director or other review authority and made part of the record of the home occupation permit, as deemed necessary to carry out the intent of this section.

F. Prohibited Home Occupation Uses. The following examples are uses that are not considered incidental to or compatible with residential activities, and are prohibited:

1. Barber, beauty shop or hair stylist;

2. Businesses which entail the harboring, training, breeding, raising, or grooming of dogs, cats, or other animals on the premises;

3. Carpentry and cabinet making;

4. Food handling, food processing, food warehousing, or food packaging businesses or other uses, except in conjunction with a cottage food operation with a valid home occupation permit and health department permit or license as required by county and state law;

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5. Medical and dental offices, clinics, and laboratories;

6. Mini storage;

7. Repair, fix-it, or plumbing shops;

8. Storage of equipment, materials, and other accessories to the construction and service trades;

9. Vehicle repair (body or mechanical), upholstery, and painting;

10. Welding and machining;

11. Any use not allowed in the zone district in which the residence is located; and

12. Any other use determined by the Planning Director to be not incidental or compatible with residential activities

G. Expiration. A home occupation permit shall automatically expire and become void if the use for which the home occupation permit was obtained has ceased or has been suspended for six or more consecutive calendar months. An expired home occupation permit shall be subject to revocation as provided in subsection 18.15.090.H.

H. Modification or Revocation. A home occupation permit may be revoked or modified by the Planning Director following a hearing. Fifteen days prior to the hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which the minor adjustment was granted.

The Planning Director may modify or revoke the home occupation permit if the Planning Director makes any of the following findings:

1. The use has become detrimental to the public health, safety, or welfare, or constitutes a nuisance.

2. The permit was obtained by misrepresentation or fraud.

3. The use for which the permit was granted has ceased or was suspended for six or more calendar months and the permit therefore automatically expired and became void.

4. The condition of the premises, or the area of which it is a part, has changed so that the use is no longer justified under the meaning and intent of this section.

5. One or more of the conditions of the home occupation permit have not been met.

6. The use is in violation of any statute, ordinance, law, or regulation in effect at the time of permit issuance. [Ord. 268 § 2, 2007; Ord. 95-7 § 2; Code 1990 § 12.10.09.]

18.15.100 Minor adjustments.

A. Purpose and Intent. Adjustments from the standards contained in this Zoning Code shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of this Zoning Code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification, or when installation and use of renewable energy devices conflict with strict application of this Zoning Code. Any adjustment granted shall be subject to conditions to ensure that the adjustment does not constitute a grant of special privileges inconsistent with the limitations on other properties in the vicinity and in the same land use category as the subject property. The power to grant an adjustment does not extend to use regulations.

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B. Application. An application for a minor adjustment shall be filed in a manner consistent with the requirements contained in Section 18.15.020, Application.

C. Applicability. The Planning Director may grant a minor adjustment up to a maximum of 10 percent governing only the following measurable design/site considerations:

1. Lot dimensions

2. On-site parking (except temporary recreational vehicle guest parking standards), loading, and landscaping

3. Setbacks

4. Structure heights

Any minor adjustment request which exceeds the prescribed limitations outlined in this section shall require the filing of a variance application, pursuant to Section 18.15.140, Variances. Minor adjustments may be approved by the Planning Director only if no other entitlements are required. If other approvals are necessary, the minor adjustment shall be filed and processed concurrently.

D. Findings. The following findings must be made to approve a minor adjustment:

1. There are special circumstances applicable to the property, including size, shape, topography, location, surroundings, or installation and use of renewable energy devices, such that the strict application of this Zoning Code deprives such property of privileges enjoyed by other property in the vicinity and under identical land use district classification.

2. Granting of the adjustment does not constitute a special privilege inconsistent with the limitations on other properties in the vicinity and land use district in which such property is located.

3. Granting of the adjustment will not be materially detrimental to the public health, safety, or welfare or injurious to the property or improvements in such vicinity and land use district in which the property is located.

4. The adjustment does not exceed 10 percent of the standard(s) being modified, or allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel.

5. Granting the adjustment will not be inconsistent with the General Plan.

E. No Precedent. The granting of a prior minor adjustment shall have no precedential value in the City’s consideration of a new minor adjustment application on the same property or any other property in the city, and shall not be admissible evidence when considering an application for a new minor adjustment on the same or different property.

F. Burden of Proof. The burden of proof to establish the evidence in support of the findings, as required by this section, is the responsibility of the applicant.

G. Expiration and Automatic Extension.

1. Expiration. Except as provided in subsection G.2, G.3 or G.4 of this section, a minor adjustment shall be used within one year from the date of approval, or the minor adjustment shall become null and void. The term “used” shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under the terms of the authorized use.

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2. First Automatic Extension — 2009. The expiration date of all minor adjustment approvals that have either not expired by October 9, 2009, or that are subsequently approved prior to January 1, 2012, shall be automatically extended by 24 months. This automatic extension provision shall not apply to any minor adjustment approval that is granted on or after January 1, 2012.

3. Second Automatic Extension — 2011. The expiration date of all minor adjustment review approvals that have either not expired by October 9, 2011, or that are subsequently approved prior to January 1, 2014, shall be automatically extended by 24 months. This automatic extension provision shall not apply to any minor adjustment approval that is granted on or after January 1, 2014.

4. Third Automatic Extension – 2013. Except as provided in this subparagraph 18.15.100.G.4, the expiration date of all minor adjustments that were approved on or after January 1, 2000 and that have not expired on or before July 1, 2013, shall be automatically extended by 24 months. This automatic extension provision shall not apply to any minor adjustment approval that is granted on or after July 11, 2013. This automatic extension shall also not apply to any minor adjustment approval if the use for which the minor adjustment was granted had ceased or was suspended for more than one year.

H. Time Extension. Subject to Subsection 18.15.100.G, the Planning Director, upon an application being filed 30 days prior to expiration and for good cause, may grant a one-time extension not to exceed 12 months. Upon granting of an extension, the Planning Director shall ensure that the minor adjustment complies with all current Zoning Code provisions.

I. Use of Property Before Final Decision. No permit shall be issued for any use involved in an application for approval of a minor adjustment until, and unless, the same shall have become final pursuant to Subsection 18.15.080.F, Effective Date.

J. Modification or Revocation. The Planning Director may hold a hearing to revoke or modify a minor adjustment granted pursuant to the provisions of this section. Fifteen days prior to the hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which the minor adjustment was granted.

The Planning Director may revoke or modify a minor adjustment if any one of the following findings can be made:

1. Circumstances have changed so that one or more of the findings contained in subsection D of this section can no longer be made, and the grantee has not substantially exercised the rights granted by the minor adjustment.

2. The minor adjustment was obtained by misrepresentation or fraud.

3. The improvement authorized pursuant to the minor adjustment had ceased or was suspended for six or more consecutive calendar months, and the minor adjustment approval therefore automatically expired and became void.

4. One or more of the conditions of the minor adjustment have not been met, and the grantee has not substantially exercised the rights granted by the minor adjustment.

5. The improvement authorized pursuant to the minor adjustment is in violation of any statute, ordinance, law, or regulation.

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6. The improvement permitted by the minor adjustment is detrimental to the public health, safety, or welfare or constitutes a nuisance. [Ord. 318 § 3, 2011; Ord. 293 § 4, 2009; Ord. 95-7 § 2; Code 1990 § 12.10.10.]

K. Appeals. Appeals shall be made in accordance with Section 18.15.180, Hearings and Appeals.

18.15.110 Minor modifications.

A. Purpose. The minor modification procedure is intended to provide a method whereby minor changes may be made to existing, previously approved land use entitlements without any additional impact or expansion of use or structure(s).

B. Application. An application for a minor modification shall be on a form prescribed by the Planning Director and shall be filed with the Planning Department, pursuant to Section 18.15.020, Application.

C. Applicability. The Planning Director may grant a minor modification to an approved permit up to a maximum of 10 percent governing only the following measurable design/site considerations, which in no case would result in a reduction from any minimum standard outlined in this Zoning Code:

1. On-site circulation and parking, loading, and landscaping.

2. Placement and/or height of walls, fences, and structures.

3. Reconfiguration of architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme.

4. A reduction in density or intensity of a development project. [Ord. 95-7 § 2; Code 1990§ 12.10.11.]

5. Any modification request which exceeds the prescribed limitations outlined in this section shall require the filing of an original application for an amendment to the approved permit and a subsequent hearing by the appropriate review authority, as applicable.

D. Findings. The written decision to approve or deny a request for a minor modification shall be based on the following findings, all of which are required for approval:

1. The proposed modification does not affect the required findings applicable to the original application.

2. The proposed modification does not exceed 10 percent of the standard(s) being modified.

3. The proposed modification does not result in a reduction of any minimum standard outlined in the Zoning Code.

E. Conditions. The Planning Director may impose additional conditions to further the intent of this section.

F. Expiration. Except as provided in Subsection 18.15.110.G, a minor modification shall be used within one year from the date of approval, or the minor modification shall become null and void and subject to revocation as provided in Section 18.15.110.J. The term “used” shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under the terms of the authorized use.

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G. Revocation or Modification . The Planning Director may hold a hearing to revoke or modify a minor modification granted pursuant to the provisions of this section. Fifteen days prior to the hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which the minor modification was granted. A minor modification may be revoked or modified by the Planning Director if any one of the following findings can be made:

1. That circumstances have changed so that one or more of the findings contained in subsection 18.15.110.D can no longer be made, and the grantee has not substantially exercised the rights granted by the minor modification;

2. That the minor modification was obtained by misrepresentation or fraud;

3. That the improvement authorized pursuant to the minor modification had ceased or was suspended for 12 or more consecutive calendar months, and the minor modification approval therefore automatically expired and became void;

4. That one or more of the conditions of the minor modification have not been met, and the grantee has not substantially exercised the rights granted by the minor modification;

5. That the improvement authorized pursuant to the minor modification is in violation of any statute, ordinance, law, or regulation; or

6. That the improvement permitted by the minor modification is detrimental to the public health, safety, or welfare or constitutes a nuisance.

H. Appeals. Appeals shall be made in accordance with Section 18.15.080, Hearings and appeals.

18.15.120 Nonconforming structures and uses.

A. Purpose. These provisions provide for the orderly termination of nonconforming structures and uses to promote the public health, safety, and general welfare, and to bring these structures and uses into conformity with the goals and policies of the General Plan. This section is intended to prevent the expansion of nonconforming structures and uses to the maximum extent feasible, to establish the criteria under which they may be continued or possibly expanded, and to provide for the correction or removal of these land use nonconformities in an equitable, reasonable, and timely manner.

It is hereby declared that nonconforming structures and uses within the city are detrimental to both orderly and planned development and to the general welfare of citizens and property. It is further declared that nonconforming structures and uses shall be eliminated as rapidly as possible without infringing on the constitutional rights of property owners.

For properties which have a nonconforming structure and/or use located in any zone other than residential, the abatement of nonconforming use timelines in subsection D of this section shall not take effect until a property within that specific zone transitions to a use identified for that zone. At that point in time, all property owners within that zone shall be notified by the City that the abatement of nonconforming use timelines have started.

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B. Nonconforming Structures. A structure which lawfully existed prior to the effective date of this Zoning Code is a nonconforming structure, and may continue even though the structure fails to conform to the present requirements of the land use district or zone in which it is located. A nonconforming structure may be maintained as follows:

1. A nonconforming structure which is damaged to an extent of 50 percent or more of its replacement value immediately prior to such damage may be restored only if made to conform to all provisions of this Zoning Code. However, any residential structure(s), including multifamily, in a residential land use district destroyed by a catastrophe, including fire, may be reconstructed up to the original size, placement, and density. However, reconstruction shall commence within two years after the catastrophe.

2. Necessary repairs and desired alterations (not including expansions to nonconforming residential structures in nonresidential zone districts) may be made to a nonconforming residential structure(s), including multifamily, within residential and nonresidential zone districts. Additions or expansions of any size to nonconforming residential structures in residential zone districts may be allowed if the addition or expansion meets all current development standards of the applicable zone district.

3. Necessary repairs and desired alterations to nonconforming single-family residential structures in nonresidential zone districts may be made in compliance with (a) the applicable standards contained in Section 18.20.040, Residential development standards; and (b) the requirements of subsections C.7 and C.8 of this section.

4. Reasonable repairs and alterations (not including expansions) may be made to nonconforming commercial, institutional, or industrial structures, provided that no structural alterations shall be made which would prolong the life of the supporting members of a structure, such as bearing walls, columns, beams, or girders. Structural elements may be modified or repaired only if the Building and Safety Division determines that such modification or repair is immediately necessary to protect the health and safety of the public or occupants of the nonconforming structure or adjacent property and the cost does not exceed 50 percent of the replacement value of the nonconforming structure. However, improvements required to reinforce non-reinforced masonry structures shall be permitted without replacement cost limitations, provided that such retrofitting is strictly limited to compliance with earthquake safety standards.

5. Changes to interior partitions or other nonstructural improvements and repairs may be made to a nonconforming commercial, institutional, or industrial structure, provided that the cost of the desired improvement or repair shall not exceed 50 percent of the replacement value of the nonconforming structure over any consecutive five-year period.

6. The replacement value shall be determined by the Planning Director. All related costs, including appraisal, shall be the responsibility of the applicant.

7. Any additional development of a parcel with a nonconforming structure will require that all new structures be in conformance with this Zoning Code.

8. If the use of a nonconforming structure is discontinued for a period of six or more consecutive calendar months, the structure shall lose its nonconforming status, and shall be removed or altered to conform to the provisions of this Zoning Code. A use of a nonconforming structure shall be considered discontinued when any of the following apply:

Page 18.15-18


a) The intent of the owner to discontinue use of the nonconforming structure is apparent, as determined by the Planning Director.

b) Where characteristic furnishings and equipment associated with the use have been removed and not replaced with equivalent furnishings and equipment during this time, and where normal occupancy and/or use has been discontinued for a period of six or more consecutive calendar months.

c) Where there are no business receipts available for the six-month period.

C. Nonconforming Uses. A nonconforming use is one which lawfully existed prior to the effective date of this Zoning Code, but which is no longer permitted in the land use district in which it is located. The continuance of a nonconforming use is subject to the following:

1. Change of ownership, tenancy, or management of a nonconforming use shall not affect its nonconforming status, provided that the use and intensity of use do not change.

2. If a nonconforming use is discontinued for a period of six or more consecutive calendar months, it shall lose its nonconforming status, and the continued use of the property shall be required to conform with the provisions of this Zoning Code.

3. Additional development of any property on which a nonconforming use exists shall require that all new uses conform to the provisions of this Zoning Code.

4. If a nonconforming use is converted to a conforming use, the nonconforming use may not thereafter be resumed.

5. No nonconforming use may be established or replaced by another nonconforming use, nor may any nonconforming use be expanded or changed, except as provided in subsections C.6 and C.7 of this section.

6. A nonconforming use of a portion of a nonconforming commercial or industrial center or complex may be established or replaced by another similar nonconforming use subject to development plan review approval after a noticed public hearing as specified in Section 18.15.080, Hearings and appeals, and if all of the following findings are made:

a) The nonconforming use is similar to the uses originally allowed in the center or complex.

b) The nonconforming use will not adversely affect or be materially detrimental to adjoining properties.

c) The use of the entire center or complex has not been vacant or discontinued for a period of six or more calendar months.

7. Except as further allowed in subsection C.8 of this section, an existing nonconforming use or nonconforming structure may be minimally expanded or changed, up to a maximum of 10 percent, subject to development plan review approval, after a noticed public hearing as specified in Section 18.15.080, and if all of the following findings are made:

a) Such expansion or change is minimal.

b) Such expansion or change will not adversely affect or be materially detrimental to adjoining properties.

c) There is a need for relief of overcrowded conditions or for modernization in order to properly operate the use.

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d) The use is existing and has not been discontinued for a period of six or more calendar months.

8. Existing nonconforming single-family residential structures and uses may be expanded beyond the 10 percent expansion limitation specified in subsection C.7 of this section, provided that the expansion complies with all applicable standards in Section 18.20.040, Residential development standards, and the City affirmatively finds the criteria specified in subsections C.7.a through d of this section to be satisfied. In addition, if the nonconforming single-family residential structure is located in the city’s downtown business district, the application shall be subject to (a) the findings for approval specified in subsection C.7 of this section; and (b) development plan review approval by the Planning Commission following a noticed public hearing. The city’s downtown business district is shown on the City’s official zoning map and includes all property along Calimesa Boulevard between Sandalwood Drive and County Line Road. Expansions of nonconforming single-family residential structures and uses located outside the city’s downtown business district shall not be subject to a noticed public hearing and shall be subject to review and approval by the City’s Community Development Director.

D. Abatement of Nonconforming Uses. Nonconforming uses shall be discontinued within the following specified time limits, which such time limit shall commence from the date of written notification by the city to the property owner and any lessee of the nonconforming status of the use:

1. A nonconforming use which does not occupy a structure: 5 years

2. The nonconforming use of a conforming structure within any residential land use district: 15 years

3. The nonconforming use of a conforming structure within any commercial/industrial land use district: 20 years

The city shall serve written notice by mail of nonconforming status to the property owner in order to trigger the beginning of any amortization period set forth herein. Notwithstanding the time limits within which all other nonconforming uses must be discontinued in accordance with this provision, a residential use in a nonconforming zone district may continue without abatement until such time as the residential use discontinues pursuant to the provisions of subsection C of this section.

E. Structure Permits or Certificates of Occupancy Prohibited. When any nonconforming structure or use is no longer allowed pursuant to the provisions of this section, no permit for a structure shall thereafter be issued for further continuance, alteration, or expansion. Any permit issued in error shall not be construed as allowing the continuation of the nonconforming structure or use.

F. Removal of Illegal Nonconforming Structures and Uses. Nothing contained in this section shall be construed or implied so as to allow for the continuation of illegal nonconforming structures and uses. Said structures and uses shall be removed immediately subject to the provisions of Section 18.15.070, Enforcement, and state law. “Illegal structures and uses” shall mean those structures and uses which did not lawfully exist prior to the effective date of this Zoning Code and which fail to conform to the present requirements of the land use district or zone district in which they are located.

G. Nonconforming Use – Time Extension.

1. Prior to the expiration of the abatement period provided in subsection D of this section, a written request may be made to the City for an extension of said abatement period on such forms as are provided by the Community Development Director. The applicant shall state

Page 18.15-20


sufficient facts in said application to show cause why an extension of said abatement period is necessary for the particular nonconforming use so as to enable the Planning Commission to consider the factors set forth in this section prior to its determination whether to grant the requested extension. Extension requests shall be heard and considered by the Planning Commission, and the Planning Commission shall make its determination after considering all pertinent evidence presented.

The Community Development Director shall accept for filing an application for extension of said abatement period only after the applicant has paid to the City a fee, as established by City Council resolution, for defraying the costs of processing said application. [Ord. 317 § 2, 2011; Ord. 269 § 2, 2007; Ord. 2000-8 § 2; Ord. 95-7 § 2; Code 1990 § 12.10.12.]

18.15.130 Temporary use permits.

A. Purpose. The temporary use permit allows for uses of private property that are temporary in nature. These provisions place restrictions on the duration of the temporary use, its location, and other development standards. The intent of these regulations is to ensure that the temporary use does not adversely impact the long-term uses of the same or neighboring sites, or impact the general health, safety, and welfare of persons residing within the community. Refer to Section 18.15.135 for temporary events.

B. Applicability. Except as otherwise provided in this Zoning Code, the following temporary uses shall require the issuance of a temporary use permit prior to establishment of the use:

1. Real estate offices within approved development projects.

2. Off-site contractors’ construction yards in conjunction with an approved development project. As used herein, the phrase “in conjunction with an approved active development project” means only during such period of time as the development project is actively undergoing construction. Upon completion of construction of the development project or expiration of the building permit (whichever occurs first), the off-site construction yard shall be immediately removed.

3. Trailer, coach, or mobile home as a temporary residence of the property owner when a valid residential building permit is in force. The permit may be granted for up to 180 days, or upon expiration of the building permit, whichever occurs first.

4. Christmas tree and pumpkin sale lots.

5. Outdoor display and sales of merchandise within commercial land use districts, limited to two events per calendar year, not exceeding four consecutive days, including only merchandise customarily sold on the premises by a permanently established business.

C. Exempt Temporary Uses. The following temporary uses are exempt from the permit requirements of this section, provided that they comply with the development standards listed below.

1. Emergency Facilities. Temporary facilities to accommodate emergency public health and safety needs and activities.

2. Construction Yards – On-Site. Yards and sheds for the storage of materials and equipment used as part of a construction project, provided a valid building permit has been issued and the materials and equipment are stored on the same site as the construction activity. Upon

Page 18.15-21


completion of construction of the construction project or expiration of the building permit (whichever occurs first), the on-site construction yard shall be immediately removed.

3. Miscellaneous. Activities conducted on public property or within the public right-of-way that are approved by the City or as otherwise required by the Municipal Code.

4. Christmas tree sale lots when such sales are in conjunction with an established commercial business holding a valid business license, provided such activity shall only be held from November 1 through December 31.

5. Temporary uses which occur in theaters, meeting halls, or other permanent public assembly facilities which do not overflow outside the enclosed facility. Temporary uses may be subject to additional permits, other City department approvals, licenses, and inspections as required by any applicable laws or regulations.

D. Application. Application for a temporary use permit shall be made in accordance with Section 18.15.020, Application.

E. Review Authority.

1. Director review. The Planning Director shall be the designated approving authority for temporary use permits.

2. Other review authority. If an application for a temporary use permit is submitted in conjunction with an application for a discretionary permit described in this chapter, the written determination shall be made by the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review.

F. Findings. A temporary use permit may only be approved if all of the following findings can be made.

1. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety.

2. There will be adequate provisions for public access to serve the subject proposal.

3. The proposed use is consistent with the General Plan.

4. There will not be significant adverse effects upon environmental quality and natural resources.

G. Conditions of Approval. In approving an application for a temporary use permit, the Planning Director may impose conditions deemed necessary to ensure that the permit will be in accordance with the findings required by Subsection 18.15.130.F. These conditions may involve any pertinent factors affecting the operation of such temporary use, and may include but are not limited to:

1. Provision for a fixed period not to exceed 90 days for a temporary use not occupying a structure, including promotional activities, or one year for all other uses or structures, or for a shorter period of time as determined by the Planning Director.

2. Provision for temporary parking facilities, including vehicular ingress and egress.

3. Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination on adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases, and heat.

4. Regulation of temporary structures and facilities, including placement, height, and size, location of equipment and open spaces, including buffer areas and other yards.

5. Provision for sanitary and medical facilities.

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6. Provision for solid, hazardous, and toxic waste collection and disposal.

7. Provision for security and safety measures.

8. Regulation of signs.

9. Regulation of operating hours and days.

10. Submission of a performance bond or other surety devices to ensure that the temporary use location is restored to its original condition and any temporary facilities or structures used will be removed from the site within a reasonable time following the event. The City shall determine the amount of the bond or other security, and the event sponsor shall post it with the permitting authority.

11. Proof of indemnity or liability insurance naming the City as an additional insured when using City property or public streets.

12. Agreement by the applicant to defend and indemnify the City for any physical injuries, property damages or personal injuries resulting from the approval of the temporary use permit and/or operation of the temporary use authorized by the temporary use permit, when using public property or public streets, in a form satisfactory to the city.

13. Provision for the nontransferability of the temporary use and temporary use permit, including a condition providing that if ownership or occupancy of the property changes, or the temporary use relocates, the existing temporary use permit shall be void and of no effect, and a new permit and review shall be required for the new location and/or property owner.

14. Any other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accordance with the intent and purpose of this section.

H. Condition of Site Following Temporary Use. Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used pursuant to the provisions of this Zoning Code.

I. Revocation. The Planning Director may hold a hearing to revoke or modify a temporary use permit. Fifteen days prior to the hearing a notice shall be delivered in writing to the applicant and/or property owner. A temporary use permit may be revoked or modified by the Planning Director if any one of the following findings can be made:

1. Circumstances have changed so that one or more of the findings of fact contained in Subsection 18.15.130.F can no longer be made and the permittee has not substantially exercised the rights granted by the temporary use permit.

2. The temporary use permit was obtained by misrepresentation or fraud.

3. One or more of the conditions of the temporary use permit have not been met.

4. The use is in violation of any statute, ordinance, law, or regulation in effect at the time of permit issuance. [Ord. 95-7 § 2; Code 1990 § 12.10.13.]

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18.15.135 Temporary events.

A. Purpose. The following provisions highlight the need for the sponsor of temporary events to obtain all required permits and approvals from the City and other agencies to ensure the safety of the public attending the events.

B. Temporary Events Defined. Temporary events are typically one-time events of no more than three days in length (including annual or recurring events). Examples include fairs, carnivals, rodeos, shows, walking/running and/or bicycling events and races, parades, and seasonal sale of agricultural products (e.g., farmer’s markets).

C. Temporary Events Prohibited. Any temporary event that allows access by the public into or on a temporary structure on residential property by any person is prohibited. For the purposes of this section, “temporary structure” is any enclosed or unenclosed structure requiring the assembly of materials or parts and erected for a period not to exceed 45 consecutive days. This definition excludes tables, chairs, umbrellas, or inflatable objects.

D. Temporary Event Coordination Required. Unless a temporary event is exempt as defined below, the event sponsor shall contact and obtain any required permits from the following departments and agencies:

1. City of Calimesa Building and Safety Division

2. City of Calimesa Public Works/Engineering Department

3. Riverside County Fire Department

4. Riverside County Sheriff’s Department

5. Riverside County Department of Environmental Health

E. Exempt Temporary Events. The following temporary events are exempt from the requirements of this section, unless they require approval from any of the departments or agencies listed in Subsection 18.15.135.D.

1. Temporary facilities to accommodate emergency public health and safety needs and activities.

2. Noncommercial events conducted at private homes (weddings, parties, etc.), which do not involve the construction of temporary structures in the front yard.

3. Yard or garage sales, or holiday displays.

4. Promotional events and grand opening celebrations in established commercial shopping centers that do not interfere with vehicular traffic on public or private streets and driveways, do not disrupt the proper functioning of parking areas, do not involve the outdoor sale of goods and merchandise, and do not exceed three days in duration.

5. Temporary events which occur in theaters, meeting halls, or other permanent public assembly facilities which do not overflow outside the enclosed facility. Temporary events may be subject to additional permits, other City department approvals, licenses, and inspections as required by any applicable laws or regulations.

F. Temporary Event Standards. Temporary events must comply with the following standards:

1. Each temporary event shall be no more than three consecutive days in length.

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2. All parking spaces for patrons and guests shall be provided on-site where the activity is taking place. On-street or off-site parking may be used in lieu of on-site parking if approved by the City.

3. Vehicular access to the event site shall not create traffic conflicts or congestion on city streets or preclude access to any other private property during the operation of the event.

4. Noise created by the event shall not exceed the levels outlined by the City of Calimesa Noise Ordinance.

5. The concentration of persons, animals, structures, or vehicles shall not interfere with emergency access.

G. Limitation. The maximum number of temporary events shall be four times in each calendar year at a location, with a minimum of 30 calendar days between each event.

H. Plans. The applicant shall submit plans to the review authority for signs, solid, hazardous and toxic waste collection and disposal; for safety and security measures; and for sanitary and medical facilities.

I. Bond, Insurance and Indemnity.

1. The city may require a sponsor of a temporary event to post a bond or other financial security, in a form satisfactory to the City, to ensure that the event location is restored to its original condition and that the City is fully reimbursed for any unanticipated law enforcement or emergency medical expenses. The City shall determine the amount of the bond or other security, and the event sponsor shall post it with the permitting authority.

2. The city may require that the sponsor of a temporary event show proof of indemnity or liability insurance naming the City as an additional insured when using public property or public streets, and may also require the applicant to agree in writing to defend, indemnify and hold harmless the City from any physical injuries, property damages or personal injuries resulting from or arising out of the operation of the temporary event when using public property or public streets, in a form satisfactory to the city.

J. Condition of Site Following Temporary Use. Each site occupied by a temporary event shall be left free of debris, litter, or any other evidence of the temporary event upon completion or removal of the event, and shall thereafter be used pursuant to the provisions of this Zoning Code.

K. Nontransferability. A temporary event permit is non-transferable.

L. Additional conditions. The review authority may impose such other conditions to require that the operation of the temporary event will be carried out in an orderly and efficient manner and in accordance with the intent and purpose of this section.

M. Enforcement. The city may require the immediate closure of any nonexempt event which is operating without the required approvals and/or permits from the City or any other public agency or does not meet the standards of this section. The city may also pursue any other civil or criminal remedy available under CMC 18.15.070 and any other provision of this code or state or federal law to remedy any violation of this section or any approval issued pursuant to this section.

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18.15.140 Variances.

A. Purpose. These provisions shall ensure the following:

1. Variances from the terms of this Zoning Code shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of this Zoning Code deprives such property of privileges enjoyed by other property in the vicinity and under identical land use district classification.

2. Any variance granted shall be subject to such conditions as will ensure that the adjustment thereby authorized shall not constitute a grant of special privilege(s) inconsistent with the limitations upon other properties in the vicinity and land use district in which such property is situated.

3. The power to grant variances does not extend to use regulations. Flexibility in use regulations is provided in the conditional use permit provisions of this Zoning Code.

B. Application. Application for a variance shall be filed in a manner consistent with the requirements contained in Section 18.15.020, Application.

C. Applicability. The Planning Commission may grant a variance from the requirements of this Zoning Code governing only as to the following:

1. Permit the modification of the dimensional standards of the following:

a) Lot area

b) Lot coverage

c) Lot dimensions

d) Setbacks

e) Structure heights

2. Permit the modification of sign regulations.

3. Permit the modification of the number and dimensions of parking areas or loading space requirements.

D. Hearings and Notice. Upon receipt in proper form of a variance application, a public hearing shall be set and notice of such hearing given in a manner consistent with Section 18.15.080, Hearings and appeals.

E. Findings. Following a public hearing, the Commission shall record the decision in writing and shall recite therein the findings upon which such decision is based, pursuant to Section 65906 of the Government Code. The Commission may approve and/or modify an application in whole or in part, with or without conditions, only if all of the following findings are made:

1. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, such that the strict application of this Zoning Code deprives such property of privileges enjoyed by other property in the vicinity and under identical land use district classification.

2. Granting the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and land use district and denied to the property for which the variance is sought.

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3. Granting the variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and land use district in which the property is located.

4. Granting the variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which such property is located.

5. Granting the variance does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel.

6. Granting the variance will not be inconsistent with the General Plan.

F. No Precedents. The granting of a prior variance shall have no precedential value in the City’s consideration of a new variance application on the same property or any other property in the city, and shall not be admissible evidence when considering an application for the granting of a new variance on the same or different property in the city.

G. Burden of Proof. The burden of proof to establish the evidence in support of the findings, as required by subsection E of this section, is the responsibility of the applicant.

H. Expiration and Automatic Extensions.

1. Expiration. Except as provided in subsection H.2, H.3 or H.4 of this section, a variance shall be used within one year from the date of approval, or the variance shall become null and void. The term “used” shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under the terms of the authorized use.

2. First Automatic Extension – 2009. The expiration date of all variance approvals that have either not expired by October 9, 2009, or that are subsequently approved prior to January 1, 2012, shall be automatically extended by 24 months. This automatic extension provision shall not apply to any variance approval that is granted on or after January 1, 2012.

3. Second Automatic Extension – 2011. The expiration date of all variance approvals that have either not expired by October 9, 2011, or that are subsequently approved prior to January 1, 2014, shall be automatically extended by 24 months. This automatic extension provision shall not apply to any variance approval that is granted on or after January 1, 2014.

4. Third Automatic Extension – 2013. Except as provided in this subparagraph 18.15.140.H.4, the expiration date of variances that were approved on or after January 1, 2000 and that have not expired on or before July 1, 2013, shall be automatically extended by 24 months. This automatic extension provision shall not apply to any variance that is granted on or after July 11, 2013. This automatic extension shall also not apply to any variance if the use or development for which the variance was granted had ceased or was suspended for more than one year.

I. Time Extension. The Commission may, upon an application being filed 30 days prior to expiration and for good cause, grant a one-time extension not to exceed 12 months. Upon granting of an extension, the Commission shall ensure that the variance complies with all current Zoning Code provisions.

J. Use of Property Before Final Decision. No permit shall be issued for any use involved in an application for approval of a variance until, and unless, the same shall have become final, pursuant to Subsection 18.15.080.F, Effective Date.

Page 18.15-27


K. Revocation. The Commission may hold a public hearing to revoke or modify a variance granted pursuant to the provisions of this section. Ten days prior to the public hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which such variance was granted.

A variance may be revoked or modified by the Commission if any one of the following findings can be made:

1. Circumstances have changed so that one or more of the findings contained in subsection E of this section can no longer be made, and the grantee has not substantially exercised the rights granted by the variance.

2. The variance was obtained by misrepresentation or fraud.

3. The improvement authorized pursuant to the variance had ceased or was suspended for six or more consecutive calendar months.

4. One or more of the conditions of the variance have not been met, and the grantee has not substantially exercised the rights granted by the variance.

5. The improvement authorized pursuant to the variance is in violation of any statute, ordinance, law, or regulation in effect at the time of approval of the variance.

6. The improvement permitted by the variance is detrimental to the public health, safety, or welfare or constitutes a nuisance. [Ord. 318 § 4, 2011; Ord. 293 § 5, 2009; Ord. 95-7 § 2; Code 1990 § 12.10.14.]

L. Appeals. Appeal of the written determination shall be made in accordance with Section 18.15.180, Hearings and Appeals.

18.15.150 Zone change.

A. General. Whenever the public necessity, convenience, general welfare, good zoning practice, or the policies set forth in the General Plan justify such action, this Zoning Code may be amended by changing the boundaries of zone districts.

Zone changes may be initiated by the City Council, the Planning Commission, or by application of the property owner or other person having a legal or equitable interest in the property that is the subject of the zone change or by that person’s authorized agent.

B. Application. Application for a zone change shall be filed in a manner consistent with the requirements contained in Section 18.15.020, Application.

C. Hearings and Notice. Upon receipt in proper form of a zone change application, or upon direction of the Planning Commission or City Council, and following department review, hearings shall be set before the Commission and City Council. Notice of the hearings shall be given pursuant to the requirements of Section 18.15.080, Hearings and appeals.

D. Planning Commission Action. The Planning Commission shall hold at least one public hearing and shall make a recommendation of approval, denial, or modified approval to the City Council. A recommendation of approval or modified approval shall be based on the findings in subsection F of this section.

Page 18.15-28


E. City Council Action.

1. Upon receipt of the recommendation of the Commission for approval, the City Council shall hold a public hearing. If the Commission has recommended against adoption of such amendment, the City Council shall not be required to take any further action thereon unless the applicant files a written appeal with the City Clerk within five days after the Commission files its recommendations with the City Council.

2. Notice of time and place of hearing shall be given pursuant to Section 18.15.080, Hearings and appeals.

3. The City Council may approve, modify, or deny the recommendation of the Commission, provided that any modification of the proposed change of zone by the City Council shall first be referred to the Commission for report and recommendation, but the Commission shall not be required to hold a public hearing thereon.

4. Failure of the Commission to report within 40 days after the referral, or such longer period as may be designated by the City Council, shall be deemed to be approval of the proposed modification.

F. Findings. A zone change may be adopted only if the following findings are made:

1. The proposed zone change is consistent with the General Plan or any amendment approved concurrently with the zone change;

2. The proposed zone change would not be detrimental to the public interest, health, safety, convenience, or welfare of the city;

3. The proposed zone change would not affect the surrounding area or community in general;

4. The proposed zone change is in conformance with the purpose of this section and with all applicable, officially adopted policies and plans; and

5. Adequate public facilities, including but not limited to sewer and water lines, utilities, drainage facilities, police and fire protection, vehicular circulation, and school facilities, will be available to serve the area affected by the proposed zone change when development occurs.

G. Prezoning. An unincorporated area may be prezoned to determine the zoning that will apply in the event of subsequent annexation to the city. Procedures for initiation are the same as for property rezoning.

H. Interim Zoning.

1. Without following the procedures otherwise required prior to the adoption of a zoning ordinance, the City Council, to protect the public safety, health, and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses which may be in conflict with a contemplated General Plan, specific plan, or zoning proposal which the City Council, Planning Commission, or Planning Department is considering or studying or intends to study within a reasonable time. Such urgency measure shall require four-fifths vote of the City Council for adoption. Such interim ordinance shall be of no further force and effect 45 days from the date of adoption; provided, however, that after notice pursuant to Government Code Section 65090 and public hearing, the City Council may extend the interim ordinance for 10 months and 15 days and subsequently extend the interim ordinance for one year. Any extension shall also require a four-fifths vote for adoption. Not more than two extensions may be adopted.

Page 18.15-29


2. Alternatively, an interim ordinance may be adopted by a four-fifths vote following notice pursuant to Government Code Section 65090 and public hearing, in which case it shall be of no further force and effect 45 days from its date of adoption. After notice pursuant to Section 65090 and public hearing, the City Council may by a four-fifths vote extend the interim ordinance for 22 months and 15 days.

3. The City Council shall not adopt or extend any interim ordinance pursuant to this section unless the ordinance contains a finding that there is a current and immediate threat to the public health, safety, or welfare and that the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in a threat to public health, safety, or welfare.

4. Ten days prior to the expiration of an interim ordinance or any extension, the City Council shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance.

5. When an interim ordinance has been adopted, every subsequent ordinance adopted pursuant to this section, covering the whole or a part of the same property, shall automatically terminate and be of no further force or effect upon the termination of the first interim ordinance or any extension of the ordinance as provided in this section. [Ord. 95-7 § 2; Code 1990 § 12.10.15.]

18.15.160 Reasonable accommodation.

A. Purpose and Intent. This section provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the federal Fair Housing Act and the California Fair Employment and Housing Act (together, the acts) in the application of zoning laws and other land use regulations, policies, and procedures.

B. Applicability.

1. A request for reasonable accommodation may be made by any person with a disability, their representative, or any entity, when the application of a requirement of this Zoning Code or other City requirement, policy, or practice acts as a barrier to fair housing opportunities. For purposes of this section, a “person with disability” shall be as defined in the acts.

2. A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

3. A reasonable accommodation is granted to the household that needs the accommodation and does not apply to successors in interest to the site.

4. A reasonable accommodation may be granted in compliance with this section without the need for the approval of a variance.

C. Procedure.

1. Application. A request for reasonable accommodation shall be submitted on an application form provided by the Planning Department.

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2. Review with Other Land Use Applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval, the applicant shall file the information required for application of the reasonable accommodation for concurrent review with the application for discretionary approval.

D. Review Authority.

1. Director. The Community Development Director is hereby designated to grant, grant with modification, or deny a request for reasonable accommodation.

2. Other review authority. A request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application.

E. Review.

1. Director Review. The Community Development Director shall make a written determination within 45 days of the application being deemed complete and either grant, grant with modification, or deny a request for reasonable accommodation. The written determination shall set forth applicable findings and any conditions of approval. A notice of the written determination and any conditions of approval shall be mailed to the applicant at the address shown on the application.

2. Other Review Authority. The written determination on whether to grant, grant with modification, or deny the request for reasonable accommodation shall be made by the authority responsible for reviewing the concurrent discretionary land use application in compliance with the applicable review procedure for the discretionary review. The written determination shall set forth applicable findings and any conditions of approval. A notice of the written determination and any conditions of approval shall be mailed to the applicant at the address shown on the application.

F. Findings. The written decision to grant, grant with modification, or deny a request for reasonable accommodation will be consistent with the acts and shall be based on the following findings, all of which are required for approval:

1. The accommodation is requested by or on behalf of one or more persons considered disabled under the acts.

2. The requested accommodation is necessary to provide one or more individuals considered disabled under the acts an equal opportunity to use and enjoy a residence.

3. The requested accommodation will not impose an undue financial or administrative burden on the City.

4. The requested accommodation will not require a fundamental alteration in the nature of a City program or law, including but not limited to land use and zoning.

G. Considerations.

1. In determining whether the requested accommodation is necessary to provide one or more disabled persons an equal opportunity to use and enjoy a residence, pursuant to Subsection 18.15.160.F.2, the City may consider, but not be limited to, the following factors:

a) Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals considered disabled under the acts.

Page 18.15-31


b) Whether the individual(s) with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation.

c) Whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants.

d) Whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in the city.

e) Whether other reasonable accommodations are available that may provide an equivalent level of benefit.

2. In determining whether the requested accommodation would require a fundamental alteration in the nature of a City program or law, pursuant to Subsection 18.15.160.F.4, the City may consider, but not be limited to, the following factors:

a) Whether the requested accommodation would fundamentally alter the character of the neighborhood.

b) Whether the requested accommodation would result in a substantial increase in traffic or insufficient parking.

c) Whether granting the requested accommodation would substantially undermine any express purpose of either the City’s General Plan or an applicable specific plan or other similar regulatory document.

d) Whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.

H. Conditions of Approval. In granting a request for reasonable accommodation, the review authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings.

I. Expiration and Extension.

1. Expiration. Any reasonable accommodation approved in accordance with the terms of this section shall expire 12 months from the effective date of approval, or at an alternative time specified as a condition of approval, unless:

a) A building permit has been issued and substantial construction has commenced, which construction must thereafter be pursued diligently to completion; or

b) A certificate of occupancy has been issued; or

c) The right granted by the accommodation has been exercised; or

d) A time extension has been granted in accordance with Subsection 18.15.160.I.2.

2. Extension. The applicant may, at least 30 days prior to expiration of the approved reasonable accommodation permit, request an extension of time in which to use the permit. The request for extension of time shall be made to the Planning Department on a form provided by the Planning Department and shall be accompanied by the fee set forth by resolution of the City Council. The review authority responsible for approval of the request for accommodation shall review the request for extension. The review authority may grant an extension of up to 12 months, based upon a determination that a valid reason exists for the permit not being used within the required period of time. Multiple extensions are allowed; however, the total time

Page 18.15-32


granted under extension(s) for the use of the reasonable accommodation shall not exceed a period of three years, calculated from the date of permit approval.

J. Revisions and Modifications. A request for changes in the conditions of approval of a reasonable accommodation, or changes to plans that would affect a condition of approval, shall be treated as a new application. The Planning Director may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or additions to the plan or the conditions of approval, and are consistent with the intent of the original approval.

K. Discontinuance. If the disabled person(s) for whom the reasonable accommodation was originally granted vacates the residence, or if the Planning Director finds that the accommodation is no longer necessary for the use and enjoyment of the residence pursuant to Subsection 18.15.160.F.2, the previously approved reasonable accommodation shall be discontinued. Should the accommodation be necessary to give another disabled individual an equal opportunity to enjoy the residence, separate application shall be made in accordance with this section.

L. Rules While Decision Is Pending. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

M. Appeals. Appeal of the written determination shall be made in accordance with Section 18.15.080, Hearings and appeals.

18.15.170 Zoning clearance

A. Purpose. The purpose of the zoning clearance process is to ensure that all new and modified uses and structures comply with applicable provisions of this Zoning Code, using administrative procedures.

B. Applicability. Zoning clearance shall be conducted by the Planning Director as part of the building permit or other City application review. Zoning clearance is required for the following actions:

1. All structures that require a building permit.

2. Signs, in accordance with Chapter 18.50, Sign Regulations.

3. Business licenses.

4. All planning entitlement and permit approvals to ensure compliance with applicable conditions of approval.

5. All other City applications that may be subject to the provisions of this Zoning Code, including but not limited to tree removal, encroachment, and grading and improvement plans.

C. Application. No separate application form is necessary for zoning clearance.

D. Approving Authority and Procedure. The Planning Director shall be the designated approving authority for zoning clearance. The procedures shall be established by the Planning Director.

E. Notice and Hearing. Public notice and public hearing are not required for zoning clearance.

F. Appeals. Appeals shall be made in accordance with Section 18.15.080, Hearings and appeals.

Page 18.15-33


18.15.180 Determination of similar use.

A. Purpose. To provide a method whereby an applicant can propose a use not listed or expressly authorized as a permitted use or as a conditional use by the regulations of this Zoning Code.

B. Applicability. When a property owner, or applicant, proposes or contemplates a use of property not expressly authorized as a permitted use or as a conditional use by the regulations of the applicable zone district or districts, he/she may apply for a determination of similar use in accordance with the procedures set out in this section.

C. Application. Application for a determination of similar use shall be made in accordance with Section 18.15.020, Application.

D. Review Authority.

1. Director Review. The Planning Director shall be the designated approving authority for determination of similar use.

2. Other review authority. If an application for determination of similar use is submitted in conjunction with an application for a discretionary permit described in this chapter, the written determination shall be made by the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review.

E. Findings. In making a determination, the review authority shall determine that a proposed or contemplated use is similar to a use or uses expressly authorized in the applicable zone district or districts if the proposed or contemplated use meets all of the following criteria:

1. The use resembles or is of the same basic nature as a use or uses expressly authorized in the applicable zone district or districts in terms of the following:

a) The activities involved in or equipment or materials employed in the use.

b) The effects of the use on the surrounding area, such as traffic impacts, noise, dust, odors, vibrations, and appearance.

2. The use is consistent with the stated purpose of the applicable zone district or districts.

F. Appeals. Appeals shall be made in accordance with Section 18.15.080, Hearings and appeals.

G. Updates to Zoning Code. The Planning Director, at least once per year, shall forward to the City Clerk a list of uses added in accordance with this section for addition to the Zoning Code.

18.15.190 Specific plan.

A. Purpose. The purpose of a specific plan is to provide a vehicle for implementing the City’s General Plan on an area-specific basis. The specific plan is intended to serve as a regulatory document, consistent with the General Plan. In the event there is an inconsistency or conflict between an adopted specific plan and comparable provisions of this title, the specific plan shall prevail. This section is consistent with California Government Code Section 65450 et seq. This section describes the process for adopting and amending specific plans, and for approving subsequent development under a specific plan.

B. Applicability. Specific plan zoning may be considered for any area of the city.

Page 18.15-34


C. Review Authority and Process. The designated review authority for specific plans is the City Council. Review of an application for a specific plan or amendment thereto shall be in accordance with Section 18.15.060, Zoning code amendments.

D. Application. In addition to the minimum content requirements of California Government Code Section 65451, the specific plan application shall be made in accordance with Section 18.15.020, Application.

E. Public Hearing and Notice. Public hearing and notice are required for a specific plan pursuant to Section 18.15.020, Hearings and appeals.

F. Approval Findings. Specific plans and any amendment thereto shall be approved only when the City Council makes all of the following findings:

1. The proposed specific plan is consistent with the General Plan goals, policies, and implementation programs.

2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city.

G. Adoption. Adoption of the specific plan shall be by ordinance of the City Council, which shall constitute final action and approval of the specific plan. Authorization for construction in accordance with the specific plan may only be granted after the effective date of the adoption.

H. Delineation of Specific Plan Areas. On the zoning map, a specific plan zone district shall be delineated in a manner similar to that of any other zone district, except that each specific plan-zoned area shall also bear a number, text, or other symbol which distinguishes it from other specific plan areas.

I. Specific Plan Zones and Zoning Map Designations. The city has adopted the following specific plans which are designated on the city’s Zoning Map as set forth herein.

1. Summerwind Ranch. The Summerwind Ranch Specific Plan was approved in January 2005 and includes 2,590.1 acres approved for development of up to 3,841 dwelling units, as well as commercial, business park, open space, recreation, and public facility uses.

2. Mesa Verde Estates. The Mesa Verde Estates Specific Plan was approved in February 2007 and includes 1,493 acres approved for development of up to 3,850 dwelling units, as well as mixed-use, open space, recreation, and public facility uses.

3. Heritage Oaks Equestrian Community Specific Plan. The Heritage Oaks Equestrian Community Specific Plan was approved in May 2007, and includes 54 acres approved for development of 45 single-family homes.

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Chapter 18.20 RESIDENTIAL ZONE DISTRICTS

Sections:

18.20.010 General purpose.

18.20.020 Residential zone districts.

18.20.030 Use regulations for residential districts.

18.20.040 Residential development standards.

18.20.050 Specific development standards for residential districts.

18.20.060 Design and neighborhood compatibility standards.


The purpose of the residential zone districts is to provide a range of housing intensities for people of different income levels in Calimesa, as well as other limited land uses appropriate for a residential setting, consistent with the General Plan, and to establish appropriate standards to protect the public health, safety, welfare, and aesthetics. The districts described in this chapter are created in order for the following to be achieved:

A. Ensure adequate light, air, privacy, and open space for each dwelling.

B. Protect residential uses from excessive noise, illumination, unsightliness, odor, smoke, and other objectionable influences.

C. Facilitate the provision of utility services and other public facilities commensurate with the anticipated increase in population, dwelling unit densities, and service requirements.

D. Facilitate the establishment and operation of other small uses appropriate for placement in a residential setting. [Ord. 285 § 4, 2009; Ord. 95-7 § 2; Code 1990 § 12.3.01.]

18.20.020 Residential zone districts.

A. Open Space Residential (O-S-R) Zone. The zone is intended to preserve open space while allowing for limited detached single-family development. The terrain in this zone is unsuitable for a higher density due to steep slopes limiting sound pad areas on which to build. The minimum lot size in this zone is 10 acres.

B. Residential Estate (R-E) Zone. The zone is intended to provide for the development of single-family detached homes, and buildings and structures related to agriculture, farm use, animal keeping, and equestrian uses. The minimum lot size in this zone is 5 acres.

C. Rural Residential (R-R) Zone. The zone is intended to provide for the development of single-family detached dwellings and related agricultural uses on rural-sized lots and for such accessory uses as are related, incidental, and not detrimental to the rural residential environment. No more than 2

Page 18.20-1


single-family dwellings per gross acre are permitted. The minimum lot size for this zone is 20,000 square feet.

D. Residential Low (R-L) Zone. The zone is intended to provide for and protect the atmosphere and lifestyle associated with detached, single-family residential neighborhoods. No more than 4 dwellings per gross acre are permitted. The minimum lot size for this zone is 7,200 square feet.

E. Residential Low/Medium (R-L-M) Zone. The zone is intended to provide for the development of small-lot single-family detached dwellings. No more than 7 dwellings per gross acre are permitted. The minimum lot size for this zone is 6,000 square feet.

F. Residential Medium (R-M) Zone. The zone is intended to provide for the development of higher-density housing types. Included housing types are single-family detached, single-family attached, and multifamily homes such as duplexes, condominiums, townhouses, apartments, and senior citizen housing developments. This zone is situated in areas served adequately by infrastructure, allowing a maximum of 14 dwellings per gross acre. The minimum lot size is 6,000 square feet.

G. Residential High (R-H) Zone. The zone is intended to provide housing opportunities for people of low and moderate incomes in the form of attached or apartment-like living accommodations. The minimum lot area is 6,000 square feet, with a maximum of 20 dwelling units per gross acre. [Ord. 95-7 § 2; Code 1990 § 12.3.02.]

18.20.030 Use regulations for residential districts.

Table 18.20.030 provides a list of those uses in the residential zone districts which are permitted (P), subject to a conditional use permit (C), or prohibited (X). A minor development plan or major development plan may be required in accordance with Chapter 18.90, Development Plan Review..

TABLE 18.20.030 USES PERMITTED WITHIN RESIDENTIAL DISTRICTS

Use O-S-R R-E R-R R-L R-L-M R-M R-H

A. Residential Uses

Bed and breakfast inn a C C C C C C C

Boarding house X X X X X X C

Community care facility

• Six or fewer persons P P P P P P P

• Seven or more persons X X X X X C C

Convalescent care facility X X X X X C C

Day care facility

• Six or fewer children P P P P P P P

• Seven or more children b P P P P P P P

Guest house c P P P P P P P

Manufactured housing P P P P P P P

Page 18.20-2



Mobile home park X X X X X X X

Multifamily dwellings d X X X X X P P

Second dwelling unit e P P P P P P P

Senior congregate care housing X X X X X C C

Single-family attached d X X X X X P P

Single-family detached d P P P P P P P

B. Equestrian Uses

Riding academy C C C X X X X

Rodeo arena X C C X X X X

Stables, private P P P X X X X

Stables, commercial C C C X X X X

C. Agricultural Uses C C C X X X X

D. Commercial Uses

Hair stylist f X X P P X X X

Feed and grain sales X X C X X X X

Fruit and vegetable processing X X C X X X X

Nursery and incidental garden supply X X C X X X X

Produce market X X C X X X X

Display and sale of agricultural productsg X X C X X X X

E. Public/Quasi-Public Uses

Cemeteries, columbariums, mausoleums (including pet cemeteries) X X C X X X X

Churches and other religious institutions C C C C C C C Educational institutions (private schools, not including vocational schools) h

a. Small (25 or less students) on sites with existing assembly uses and adequate off- street parking b. Large (26 or more students)

P P P P P P P

C C C C C C C

Fire and police stations X X C C C C C

Meeting places of nonprofit civic groups, community organizations, clubs and lodge halls X X X X X C C

Public libraries and museums X X C C C C C

Page 18.20-3



Public utility and public service substations, reservoirs, pumping plants, and similar installations, not including public utility offices

C C C C C C C

F. Recreational Uses

Archery ranges C X X X X X X

Fishing lakes (commercial and noncommercial) C X X X X X X

Golf courses and customary appurtenant facilities, including clubhouses, restaurants, and retail shops, except driving ranges and miniature golf courses

C C C X X X X

Parks P P P P P P P

Picnic grounds for day use only P X X X X X X

G. Accessory Uses

Antennas, satellite dishes P P P P P P P

Garages P P P P P P P

Other accessory uses and structures located on the same site as a permitted use P P P P P P P

Other accessory uses and structures located on the same site as a use subject to a conditional use permit

C C C C C C C

Permanent outdoor storage within parking lot areas X X X X X X X

H. Home Occupations Subject to the provisions of Section 18.15.090, Home Occupation Permits.

I. Temporary Uses Subject to the provisions of Section 18.15.130, Temporary Use Permits.

J. Other

Apiary i P X X X X X X

Camp C X X X X X X

Community garden j P P P P P P P Farm projects (Future Farmers, 4-H, or similar projects) k P P P X X X X

Guest ranch C X X X X X X

Kennels X C C X X X X

Menageries, animal hospitals and shelters C C C X X X X

Page 18.20-4



Outdoor storage, front yard areas l X X X X X X X

K. Other uses similar to and no more objectionable than the uses identified above

Subject to the provisions of Section 18.15.180, Determination of Similar Use.

Legend: P – Permitted use

C – Subject to conditional use permit X — Prohibited

Notes: a. Subject to the provisions of Subsection 18.20.050.C, Bed and Breakfast Inns. b. Subject to the provisions of Subsection 18.20.050.D, Large Family Day Care Facility Standards. c. Subject to the provisions of Subsection 18.20.050.F, Guest House Standards. d. In all cases, supportive housing and transitional housing are and shall be treated as residential uses, subject only to the

permitting requirements that apply to residential uses of the same housing type location in the same zone. e. Subject to the provisions of Subsection 18.20.050.L, Second Dwelling Units in Residential Zones. f. Subject to the provisions of Subsection 18.20.050.G, Hair Stylists. g. A permanent stand for the display and sale of the agricultural products of any permitted use that is produced on the

premises where such stand is located or upon contiguous land owned or leased by the owner or occupant of the premises. h. Small educational facilities permitted by right must be located on property occupied by an approved assembly use and all

uses on site must comply with off-street parking requirements. For large facilities, the Planning Commission shall consider the appropriateness of the use as part of the CUP process and with respect to the adequacy of off-street parking, neighborhood traffic, the building occupancy requirements for the proposed use, and other impacts of the use on surrounding properties and neighborhood.

i. Provided that hives or boxes housing bees are kept no closer than 500 feet from any dwelling other than that occupied by the owner of the apiary and 300 feet from any public road.

j. Subject to the provisions of Subsection 18.20.050.N, Community Gardens. k. Provided the total number of animals shall not exceed the total number of animals allowed under this chapter. l. Outdoor storage within front yard areas, including refuse and waste material as defined in Section 8.05.010, is prohibited.

Additionally, the use of 200 or more square feet of any lot for outside storage, wrecking, dismantling, or salvage of any used or secondhand materials, including but not limited to lumber, auto parts, household appliances, pipe drums, machinery, or furniture is prohibited. A proposed or intended use by the owner of the used or secondhand materials does not constitute an exception to this definition. The outside storage of used or secondhand materials in an area less than 200 square feet is permitted only on the rear half of the lot or parcel.

[Ord. 285 § 5, 2009; Ord. 95-7 § 2; Code 1990 § 12.3.03.]

Page 18.20-5


18.20.040 Residential development standards.

The following property development standards shall apply to all development projects and permitted or conditionally permitted uses located within their respective residential districts. In addition, if the project is within an area adjacent to existing development within the scope of Section 18.20.060, Design and Neighborhood Compatibility Standards, the project shall be subject to the neighborhood compatibility standards contained in Section 18.20.070.

A. General Requirements. Table 18.20.040 sets forth minimum site development standards for residential districts, unless stated as maximum by this Zoning Code.

TABLE 18.20.040 RESIDENTIAL DEVELOPMENT STANDARDS

Standard O-S-R R-E R-R R-L R-L-M R-M R-H

Maximum density (DUs per gross acre) .1 .2 2 4 7 14 20

Minimum lot size (net area) 10 ac. 5 ac. 20,000 s.f. 7,200 s.f. 6,000 s.f. 6,000 s.f. 6,000 s.f.

Minimum lot width a 200' 100' 100' 70' 60' 60' 60'

Minimum lot depth 150' 120' 120' 100' 100' 100' 100'

Minimum front yard setback e 35' 35' 30' 20' 20' 20' 20'

Minimum side yard setbacks e b b b b b c c

Minimum rear yard setback e 25' 25' 25' 10' 10' d d

Maximum lot 60% 60%

Maximum height for buildings and structures 32' or two stories, whichever is less 40' or three stories, whichever

is less coverage

Notes:

a. Flag lots (lots with less than the required lot width minimum) are prohibited. Cul-de-sac lots shall have a minimum width of 35 feet.

b. Side yard setbacks (O-S-R, R-E, R-R, R-L, and R-L-M districts). 1. The minimum combined side yard setback shall be 17 feet with a minimum side yard setback of 5 feet except on the side

of the lot closest to the driveway it shall be 12 feet. The 12-foot side yard shall be maintained exclusive of any structural or other physical encroachments (HVAC units, utility meters, etc.) other than eave overhangs or other improvements which do not project more than 24 inches into the side yard. The 12-foot side yard may be reduced behind the rear of the main building line to not less than 5 feet for open patios and other similar open structures, swimming pools, and pool equipment.

2. Corner lots shall maintain a minimum combined setback of 20 feet with a minimum setback of 5 feet except on the street side where a minimum of 15 feet shall be maintained from the property line (edge of right-of-way) for all structures.

3. Side yard exceptions. Each lot with an existing nonconforming dwelling unit which otherwise meets current building code and current zoning requirements may have additions placed at existing building setbacks with not less than 5-foot side yards, except where the 12-foot side yard can be maintained for any additions, or where the lot has legal access onto a dedicated alley.

c. Side yard setbacks (R-M and R-H districts).

Page 18.20-6


1. One-story buildings: 5 feet. 2. Two-story buildings: 5 feet for the first story; 10 feet for the second story. 3. For buildings having more than two stories: 5 feet for the first story; 10 feet for the second story; and an additional 5 feet

for each story thereafter. d. Rear yard setbacks (RM and RH Districts).

1. One- and two-story buildings: 10 feet. 2. For buildings having more than two stories: 10 feet for the first and second stories; and an additional 5 feet for each

story thereafter. Ord. 277 § 2, 2008; Ord. 95-7 § 2; Code 1990 § 12.3.04.]

B. Yard Encroachments. Where yards are required by this code, they shall be open and unobstructed from the ground to the sky and kept free of all structural encroachments, except as follows:

1. Fences, walls, retaining walls, and screening materials in accordance with Chapter 18.65, Fence, Wall, and Screening Standards.

2. Uncovered steps leading to the primary residence, provided the steps are not more than 4 feet in height from final grade, not including any required handrail, and do not cause a hazard to traffic by obstructing the view of a street or intersection.

3. Decks, porches, patio covers, and bay windows, not more than 10 feet wide, projecting not more than 5 feet into any required front yard or rear yard setback, and not more than 2 feet into any required side yard setback.

4. Roof overhangs, eaves, and cornices projecting not more than 3 feet into any required front yard or rear yard setback, and not more than 2 feet into any required side yard setback.

5. Sidewalks, patios, and pathways.

6. Driveways leading to a garage or required parking area. No portion of a front yard, except for approved driveways, patios, allowed parking areas, and pathways, may be hard-surfaced or gravel.

18.20.050 Specific development standards for residential districts.

A. Accessory Structures. Accessory structures are subject to the following requirements:

1. An accessory structure shall be compatible in terms of mass, scale, height, design, colors, and materials with the existing structures on the parcel, or the existing structures shall be modified to be compatible with the new construction. In addition, new construction of accessory structures on vacant parcels (where permitted) shall be compatible with the surrounding development pattern in terms of the mass, scale, and height of surrounding structures as specified in this section.

2. Accessory structures may only be constructed on a lot containing a main dwelling unit, except for agricultural buildings where permitted and in compliance of this section.

3. Permitted accessory structures shall maintain the yard requirements of the underlying zone and shall not be habitable and shall not cover more than 30 percent of the required rear yard. No accessory building or structure shall be located within a required front or side yard.

4. Nonhabitable accessory structures of 1,500 square feet or less in size, located on a residentially zoned lot of 15,000 square feet or greater in size, shall be exempt from public improvements requirements or fees in lieu of such.

Page 18.20-7


5. Accessory structures on lots or parcels with 7,200 square feet or less shall be limited to one story and not more than 18 feet in height to the ridge and 9 feet in height to the top plate. Height shall be measured in accordance with the building height definition of the Calimesa Zoning Code.

6. Accessory structures on lots or parcels with 7,200 square feet or less shall be limited in size to not more than 8 percent of the total lot area and 50 percent of the area (in square feet) of the primary structure. However, the minimum size requirements for a garage shall supersede this restriction should the resulting floor area be less than the minimum required.

B. Agricultural and Animal Uses.

1. Applicability. All agricultural and animal keeping uses conducted shall comply with the provisions of this section in addition to the applicable provisions of the zone district in which the use is located.

2. Domestic Pets and Large Animals.

a) The noncommercial keeping of dogs, cats, domestic equines, bovines, swine, llamas, alpacas, rabbits, chicken (poultry), and similar pets or agricultural animals as listed in this subsection shall be permitted so long as the minimum requirements in Table 18.20.050 are met.

TABLE 18.20.050 GENERAL REQUIREMENTS FOR DOMESTIC PETS, LARGE AND SMALL ANIMALS

Land Use District (Zone) Maximum Number of Animals Allowed

All lots within single-family residential zones with less than 20,000 square feet

1. Four adult dogs or four adult cats a 2. Any number of household pets, excluding cats and dogs 3. Two potbelly pigs c 4. A maximum combination of no more than ten rabbits or chickens (poultry, excluding roosters, and other household pets) b,i

All lots within single-family residential zones with 20,000 square feet or more

1. Eight adult pets (dogs or cats) d 2. Any number of pets, excluding cats and dogs b 3. Four potbelly pigs e 4. Two large animals per 20,000 square feet f,h,i 5. A maximum combination of no more than 50 rabbits or chickens (poultry, including roosters, and other household pets) per 20,000 square feet b,g,i,j

Notes: a. Allows for a combination of both cats and dogs but not exceeding four animals total. b. Household pets include tropical fish, pet rats and mice, birds, or similar small pets (excluding dogs, cats, and potbelly pigs). c. Allows a combination of cats, dogs, and potbelly pigs not to exceed a total of four pets, such as two cats, one dog, and one

potbelly pig, or any combination thereof. d. Requires lot size of at least 20,000 square feet, otherwise the total shall not exceed those allowed in footnote a. e. Allows a combination of cats, dogs, and potbelly pigs not to exceed a total of eight pets, such as two cats, two dogs, and two

pigs, or any combination thereof.

Page 18.20-8


f. Minimum lot area of 20,000 square feet; provided, however, that two animal units may be kept on the first 20,000 square feet of lot area and one additional animal unit may be kept on each additional half-acre of lot area, subject to this chapter.

g. In no case shall the number of animals exceed 500 per parcel. h. A "large animal" is defined as one equine, one bovine, one swine, one llama, or one alpaca, as well as two miniature horses,

two sheep, or two goats. i. The offspring of permitted adult animal units shall not be counted in determining the permitted number of animal units

allowed on a lot, if such offspring do not exceed one year of age for equines, bovines, swine, llamas, and alpacas. j. No more than one rooster for every 10 hens.

b) All pets and animals must be provided with adequate food, water, and proper shelter adequate in size to house the animal during periods of inclement weather (for large animal requirements see subsection B.3.a.vii of this section).

3. Additional Standards for the Keeping of Large Animals, Which Include Domestic Equines, Bovines, Swine, Llamas, and Alpacas.

a) The noncommercial keeping of equines, bovines, swine, llamas, and alpacas is permitted in all single-family residential zone districts and land use districts, subject to the following provisions:

i. The minimum lot area requirement of 20,000 square feet shall not include the "arm" or narrow access drive of a flag lot or other unusable areas (e.g., steeply sloped) of the lot where animal-keeping is not feasible, and shall not be included in the calculation of the required 20,000-square-foot lot area.

ii. Open corrals and enclosures shall be located and maintained no less than 10 feet to any side or rear property line.

iii. Open corrals and enclosures may be located in the front yard if located at least 50 feet from the front property line.

iv. Barns and related structures shall be consistent with the regulations for accessory structures in the residential zone districts.

v. Front, side, and rear yard areas may be used for pasture area and shall be maintained in a sanitary and orderly condition.

vi. Adequate and durable fencing necessary to keep the animals from escaping the property shall be required.

vii. All animals identified in this section must be provided with food, water, and proper shelter adequate in size to house the animal during periods of inclement weather. Adequate size shall mean room enough for all of the ability for the animal(s) being kept, including the ability for the animal to turn around inside of the shelter. The shelter must be roofed with a solid material that can withstand the elements known to Calimesa, such as wind, rain, and occasional periods of snow, as well as hot weather.

b) Nonprofit educational animal-keeping organizations may be located in the O-S-R, R-E, and R-R districts, subject to the approval of a conditional use permit. The scope and scale of the use, including but not limited to the number of animals, the number of participants, the location of the use on the property, availability of parking for participants, and hours of operation, shall be subject to review and approval by the Planning Commission through the conditional use permit process.

Page 18.20-9


4. Additional Standards for Keeping Rabbits, Chickens (Poultry), and Other Small Animals.

a) Animals in this category numbering from 1 to 10 shall be kept, fed, and maintained not less than 20 feet from any property line unless a minor development plan review (MDPR) approval is obtained from the City with consent from the adjacent property owners. However, the distance criteria shall be re-established upon new construction of residential dwellings on the adjacent lots.

b) Animals in this category numbering 11 or more shall be kept, fed, and maintained not less than 50 feet from any property line unless a minor development plan review (MDPR) approval is obtained from the City with consent from the adjacent property owners. However, the distance criteria shall be re-established upon new construction of residential dwellings on the adjacent lots.

C. Bed and Breakfast Inns.

1. Bed and breakfast inns shall be subject to the following requirements:

a) The inn structure shall serve as the owner’s primary residence. If a corporation is the owner, a majority shareholder shall reside primarily in the inn structure.

b) The bed and breakfast use shall be operated as an accessory use to the owner's residential use.

c) Guests may check in only from 9:00 a.m. to 8:00 p.m.

d) Breakfast shall be the only meal served to guests of the bed and breakfast rooms.

e) No long-term rental of rooms shall be permitted. The maximum stay for guests shall be 14 days.

f) No cooking facilities shall be allowed in the guest rooms.

g) Applications shall be subject to a one-year review period by the Planning Commission.

h) If the use at any time becomes unduly intrusive to the neighborhood, the permit may be revoked at the discretion of the Planning Commission, pursuant to Subsection 18.15.050.K, Revocation.

i) The permit to operate is granted solely to the property owner. If a change of ownership occurs, a new application shall be required.

j) Satisfactory evidence of compliance with state and local laws in other land use endeavors, if any, shall be provided by the owner as a prerequisite to any approvals under this chapter.

2. Property Development Standards.

a) The lot upon which the bed and breakfast inn is to be established shall conform to all standards of the zone district in which it is located, and shall not be further subdivided.

b) One parking space in a permitted location shall be provided on the same lot for each guest room and each employee, in addition to the required parking spaces serving the resident owner.

c) Outdoor living space shall be provided in accordance with the minimum standards of the underlying zone.

Page 18.20-10


d) Any sign shall be reviewed as part of the conditional use permit application, and shall not exceed 4 square feet in area. If not attached to the residence, a sign shall not exceed 3 feet in height. One sign shall be permitted. Wording such as "motel," "hotel," "motor hotel," or "lodge" shall not be permitted. The establishment may be referred to as an "inn." The sign may be lighted externally. Lighting shall be turned off between 10:00 p.m. and 6:00 a.m.

e) Number of Rooms.

i. In the single-family residential zones, the number of guest rooms shall not exceed one room for each multiple of minimum lot area required for each dwelling unit in the underlying zone, with a maximum number of 10.

ii. In the multiple-family residential zones, the maximum number of rooms shall be determined by the adequacy of the parcel to provide on-site parking and outdoor living space.

f) The Planning Commission may, at the time of application, determine a reasonable maximum limit to the total number of guests staying at the inn.

g) In addition to standards required of all conditional uses, the Planning Commission may require the preservation and maintenance of significant permanent landscaping features and significant historical, architectural, or cultural features of the structure or property.

D. Large Family Day Care Facility Standards. Large family day care facilities shall be constructed in the following manner:

1. The facility shall conform to all property development standards of the land use district in which it is located.

2. An outdoor play area shall be provided which complies with the provisions of the California Health and Safety Code governing child day care facilities. Stationary play equipment shall not be located in required front or side yard setbacks. Passive play areas shall not be located within 10 feet of the public right-of-way line and shall be separately fenced.

3. A 6-foot-high solid decorative fence or masonry wall shall be constructed on all property lines, except in the front yard, where a fence shall not exceed 48 inches in height. A masonry wall may be constructed, provided that it is no higher than 36 inches in height. Material, textures, colors, and design of the fence or wall shall be compatible with the on-site development and adjacent properties. A fence or wall system shall provide for child safety with controlled points of entry.

4. On-site landscaping shall be installed and maintained pursuant to Chapter 18.70, Landscape Requirements. Landscaping shall be provided to reduce noise impacts on surrounding properties.

5. All on-site parking shall comply with the provisions of Chapter 18.45, Off-Street Parking.

6. All on-site lighting shall comply with Chapter 18.120, Outdoor Lighting.

7. The facility shall contain a fire extinguisher and smoke detector devices, and meet all standards and codes adopted by the City of Calimesa.

8. Day care facilities in residential districts may operate between the hours of 6:00 a.m. and 7:00 p.m. seven days a week.

9. Outdoor activities may only be conducted between the hours of 8:30 a.m. and 6:00 p.m.

Page 18.20-11


10. All day care facilities shall be state licensed and shall be operated according to all applicable state and local regulations.

11. One unlighted sign not to exceed 2 square feet in area shall be permitted on site.

E. Front/Rear Yard Average Standards.

1. Front/rear yard setbacks required by the base district may be averaged on the interior lots within a single-family detached or duplex subdivision.

2. The front/rear yard setback of a group of five adjacent dwelling units may vary up to 5 feet from that required. The average setback of all five units shall be equal to the minimum required for the base district.

3. A reduction of the front yard setback may be granted by the Planning Commission as an incentive to place garages behind houses, with access obtained from the side yards. In no case shall the front yard setback be reduced to less than 10 feet from the public right-of-way line. All front yard setbacks shall be measured from the public right-of-way line.

F. Guest House Standards. Guest houses shall be constructed in the following manner:

1. All guest houses shall conform to the property development standards of the underlying land use district.

2. There shall be no more than one guest house on any lot.

3. The floor area shall not exceed 500 square feet.

4. The guest house shall not exceed the height of the main dwelling.

5. There shall be no kitchen or cooking facilities in a guest house.

6. The guest house shall conform to all of the setback regulations outlined in the applicable land use district.

7. The guest house shall be attached to the main dwelling with a roof-to-roof connection (i.e., roof trellis or other open structure).

8. The guest house shall be used only by the occupants of the main dwelling, their nonpaying guests, or domestic employees. The guest house shall not be rented.

G. Hair Stylists. Hair stylist operations shall be subject to the following requirements.

1. Operation shall be by residents of the dwelling.

2. No assistants shall be employed.

3. One unlighted sign not to exceed 2 square feet shall be allowed on-site.

H. Minimum Dwelling Size Standards. The following minimum dwelling areas are computed by calculating the living areas as measured from the outside of walls and exclude garages, carports, exterior courtyards, patios, or balconies.

1. The minimum area requirements for single-family residential units are as follows:

a) Single-family tracts: minimum livable area, 1,200 square feet.

b) Infill single-family tracts: minimum livable area, 1,000 square feet.

c) Notes:

Page 18.20-12


i. Infill single-family tracts are defined as tracts less than 20 dwellings in size.

ii. The minimum setbacks of the applicable land use district shall be applied.

2. The minimum area requirements for apartments/multifamily are as follows:

Minimum Livable Area Number of Bedrooms Number of Baths

750 sq. ft. 1 1

900 sq. ft. 2 1–1/2

1,000 sq. ft. 3 2

1,200 sq. ft. 3+ 2

I. Mobile Home and Manufactured Housing Standards. Manufactured or mobile homes shall be subject to the following requirements:

1. Mobile or manufactured homes may be used as single-family dwellings in the residential land use districts if the home is certified under the National Mobile Home Construction and Safety Standards Act of 1974, and was constructed within 10 years of the date of the application for issuance of a permit to install the mobile/manufactured home. Documentation indicating certification and construction date must be submitted to the Building and Safety Division in order to secure valid building permit(s).

2. Mobile or manufactured homes shall be installed on an approved permanent foundation system in compliance with all applicable codes, pursuant to Section 18551 of the California Health and Safety Code.

3. The Planning Director shall determine that the subject lot, together with the proposed mobile or manufactured home, is compatible with the surrounding development. This determination shall include an assessment of on-site design and development standards and materials, architectural aesthetics, setbacks, building height, accessory buildings, access, off-street parking and minimum square footage requirements, and any other criteria determined appropriate by the Planning Director.

4. The following specific design standards shall govern the installation and construction of manufactured and mobile homes:

a) All homes shall have a minimum eave dimension of 1 foot.

b) All siding shall be nonreflective and shall be installed from the ground up to the roof.

c) All roofs shall have a minimum pitch of 1:4.

d) All homes shall have a minimum width (across the narrowest portion) of 20 feet.

e) Homes constructed on lots of 20,000 square feet or greater shall be required to:

i. Construct a minimum of two roof dormers on the front of the house facing a street or public view; and

ii. Architecturally treat gables.

J. Multifamily Housing Standard. Multifamily housing shall be constructed in the following manner:

Page 18.20-13


1. All multifamily developments with 12 or more dwelling units shall provide 30 percent usable open space for passive and active recreational uses. Usable open space areas shall not include rights-of-way, vehicle parking areas, areas adjacent to or between any structures less than 15 feet apart, setbacks, patios or private yards, or slope areas greater than 8 percent.

2. Each dwelling unit shall have a private (walled) patio or balcony as follows:

a) Ground-level units: 25 percent of dwelling unit size.

b) Upper-story units: 15 percent of dwelling unit size.

3. All multifamily developments shall provide recreational amenities within the site, and may include a swimming pool; spa; clubhouse; tot lot with play equipment; picnic shelter/barbecue area; court game facilities such as tennis, basketball, or racquetball; improved softball or baseball fields; or day care facilities. The type of amenities shall be approved by the Planning Director and provided according to the following schedule:

SCHEDULE TABLE

Units Amenities

0–11 0

12–50 1

51–100 2

101–200 3

201–300 4 Note: Add one amenity for each 100 additional units or fraction thereof.

4. Off-street parking spaces for multifamily residential developments shall be oriented to the front of the dwelling unit for which the parking space is provided.

5. Each dwelling unit shall be provided with a minimum of 150 cubic feet of enclosed storage space within the garage, carport, or immediately adjacent to the dwelling unit.

6. Driveway approaches within a multifamily development of 12 or more units shall be delineated with interlocking pavers and/or rough-textured concrete and landscaped medians.

7. All parts of all structures shall be within 100 feet of paved access for single-story and 50 feet for multistory units.

8. A bus turnout and shelter on the on-site arterial frontage shall be dedicated if the project is located on a bus route as determined by the Planning Director.

9. Common laundry facilities of sufficient number and accessibility consistent with the number of living units and the Uniform Building Code shall be provided.

10. Each condominium unit shall be plumbed and wired for a washing machine and dryer.

11. Each dwelling unit shall be provided with an automatic dishwasher and a heavy-duty garbage disposal unit.

12. Telephone jacks shall be installed in all living rooms, kitchens, and bedrooms.

Page 18.20-14


13. Interior television antennas (cable television) shall be installed in each apartment unit, or a central interior antenna shall be installed in each apartment building. No exterior antenna or satellite dish antenna shall be permitted.

14. All utilities, including but not limited to electrical, cable television, and telephone lines, on the site shall be underground.

15. Each multiple-dwelling building or complex shall provide one hose bib for each three required parking spaces, and these hose bibs shall be located adjacent to the open parking areas. One dedicated carwash space shall be provided for every 100 units.

16. Lighting. Refer to Chapter 18.120, Outdoor Lighting.

17. Management and security plans shall be submitted for review and approval for multifamily developments with 12 or more dwelling units. These plans shall be comprehensive in scope.

18. Electronic Gates. Multifamily buildings or complexes with 40 or more dwellings shall provide electronic gates as follows:

a) A minimum 6-foot-high, decorative wrought iron fence shall be provided along the front of the property, to the rear of any required setback. Such fence shall incorporate a self-locking remote-controlled vehicle and pedestrian entry/exit gate. The vehicle entry shall incorporate an electronically activated tenant marquee to permit notification of tenants in the event of visitors. Such marquee shall be 5 feet above finished grade.

K. Recreational Vehicle Storage Facilities. Developments within the multifamily land use districts and with 12 or more dwelling units shall provide recreational vehicle storage facilities. The storage facilities shall be constructed in the following manner:

1. Centralized storage areas shall be provided for recreational vehicles, boats, etc., at a minimum of one space for each eight dwelling units. Any fractional space requirement shall be constructed as requiring one full storage space, pursuant to Chapter 18.45, Off-Street Parking.

2. Individual storage spaces shall measure not less than 12 feet by 30 feet, and shall have direct access to a driveway with a minimum paved width of 25 feet.

3. Storage areas shall be paved and drained.

4. Storage areas shall be completely screened from exterior view by a combination of landscaping, masonry walls, fences, or other comparable screening devices 8 feet in height, subject to the approval of the Planning Director.

L. Second Dwelling Units in Residential Zones.

1. No more than one second dwelling unit shall be permitted on any parcel or lot (hereafter referred to as a "lot").

2. Second dwelling units shall be permitted pursuant to Government Code Section 65852 and this section.

3. A second dwelling unit shall only be located and maintained on a lot with an existing owner-occupied single-family residence. At such time as the property owner no longer resides on the property, the second dwelling shall be considered a guest house, and the kitchen and all cooking facilities shall be removed from the unit.

Page 18.20-15


4. A second dwelling unit may only be permitted on a residential lot on which there is already built one single-family detached dwelling unit (main unit). The lot must be 10,000 square feet or greater in area and may not be part of a planned residential development (PRD) or mobile home park regardless of the underlying land use and zone district or lot size.

5. Second dwelling units shall not be considered accessory structures for the purpose of applying development standards.

6. An application review for a second dwelling unit shall only be discretionary with respect to matters within the scope of the MDPR and not with respect to the permitability of the use.

7. A second dwelling unit that conforms to this section shall be deemed to be in compliance with the General Plan.

8. The second dwelling unit may be rented, but shall not be sold separately from the primary residence (main dwelling unit) on the lot.

9. Either the second unit or the main residence shall be occupied by the owner of the property at all times.

10. A second dwelling unit may not be permitted on residential lots already having two or more dwelling units, including guest homes.

11. The parcel upon which the second dwelling unit is to be established shall conform to all standards of the land use district in which it is located.

12. The second dwelling unit shall be subject to the same minimum required front, side, and rear yard setbacks as the main dwelling on the parcel.

13. The floor area of an attached second dwelling unit shall not exceed 30 percent of the existing living area of the main dwelling unit, if attached. If detached, the second dwelling unit shall not exceed 1,200 square feet in area nor have more than two bedrooms and two bathrooms.

14. The second dwelling unit shall be architecturally compatible with the main dwelling. Mobile homes (as defined in California Health and Safety Code Section 18008, as amended from time to time) shall not be permitted as a second unit, regardless of the status of the main dwelling. Manufactured homes (as defined in Health and Safety Code Section 18007, and as amended from time to time) shall not be permitted as a second unit regardless of the status of the main dwelling, if more than 10 years have elapsed between the date of manufacture of the manufactured home and the date of the application for the issuance of a permit to install the manufactured home.

15. The second dwelling unit shall meet all of the applicable standards of Section 18.20.060, Design and Neighborhood Compatibility Standards. Second dwellings shall be no more than one story in height and may not exceed the height of the existing primary home. If attached to the main dwelling unit, the second unit may be located over an attached garage only when the main dwelling is two stories in height, and provided that the height of the second dwelling unit does not exceed the height of the main dwelling unit.

16. The second dwelling unit shall be provided with one fully enclosed garage per unit or per bedroom within the second dwelling unit, whichever is greater. A carport may be allowed only if located in the rear yard setback and not visible to the public from any adjoining street, except alleys, provided that it is fully screened from all sides.

Page 18.20-16


17. The second dwelling unit may be metered separately from the main dwelling for gas, electricity, and water/sewer services.

18. All second dwelling units shall be required to have a driveway that is paved with asphalt or concrete that leads from the public street to the required enclosed parking area.

19. Prior to the issuance of a building permit, the owner of the lot or parcel upon which the second dwelling unit is proposed to be constructed shall record a covenant with the County Recorder's Office, on a form approved by the City Attorney, which shall place future buyers on notice that the maximum size of the dwelling unit is as set forth in subsections L.10 and L.11 of this section, that either the main dwelling or second dwelling unit must be occupied by the owner(s) as their principal residence, that not less than one off-street parking space shall be provided per unit or per bedroom (whichever is greater) of the second dwelling unit, that the second dwelling unit may not be sold separately from the main dwelling, and that such restrictions shall run with the land and be binding upon all future owners. A copy of the covenant shall also be filed with the City's Planning Division.

20. The applicant for a second dwelling unit shall be the owner of the property upon which the second dwelling unit is proposed to be located.

21. This section shall not validate any existing illegal second dwelling unit. An application to convert an illegal second unit to a conforming legal second unit shall be made pursuant to the provisions of this section, and such application shall be subject to the standards and requirements set forth in this section.

M. Senior Citizen/Congregate Care Housing Standards. Senior group housing developments (housing more than six residents) shall be constructed in the following manner:

1. A bus turnout and shelter on the on-site arterial frontage shall be dedicated if the project is located on a bus route as determined by the Planning Director.

2. Dial-a-ride transportation shuttles shall be provided; number to be determined by transit authority during project review.

3. The parcel upon which the senior group housing facility is to be established shall conform to all standards of the underlying land use district.

4. The senior group housing shall conform with all local, state, and federal requirements.

5. The minimum floor area for each residential unit shall be as follows:

Number of Bedrooms Minimum Livable Area

Studio 410 sq. ft.

1 510 sq. ft. (if kitchen-dining and living areas are combined)

570 sq. ft. (if kitchen-dining and living areas are separate)

2 610 sq. ft. (if kitchen-dining and living areas are combined)

670 sq. ft. (if kitchen-dining and living areas are separate)

6. The main pedestrian entrance to the development, common areas, and the parking facility shall be provided with handicapped access pursuant to Section 18.45.070, Handicapped Parking Requirements.

Page 18.20-17


7. Indoor common areas and living units shall be handicap-adaptable and be provided with all necessary safety equipment (e.g., safety bars), as well as emergency signal/intercom systems as determined by the Planning Director.

8. Outdoor lighting shall be provided for pursuant to Chapter 18.120, Outdoor Lighting.

9. Common recreational and entertainment activities of a size and scale consistent with the number of living units shall be provided. The minimum size shall equal 100 square feet for each living unit.

10. Common laundry facilities of sufficient number and accessibility, consistent with the number of living units and the Uniform Building Code, shall be provided. The facilities shall have keyed access for tenants only.

11. The development may provide one or more of the following specific internal common facilities for the exclusive use of the residents:

a) Central cooking and dining room(s).

b) Beauty and barber shop.

c) Small-scale drugstore not exceeding 1,000 square feet.

12. Off-street parking shall be provided in the following manner:

a) One covered parking space for each dwelling unit for the exclusive use of the senior citizen residents plus one space for every five units for guest parking.

b) Three parking spaces for every four dwelling units for employee and guest use for congregate care residences.

c) All off-street parking shall be located within 150 feet of the front door of the main entrance.

d) Adequate and suitably striped paved areas for shuttle parking. Shaded waiting areas shall be provided adjacent to shuttle stops.

e) Design standards relating to handicapped parking, access, surfacing, striping, lighting, landscaping, shading, dimensional requirements, etc., shall be consistent with the standards outlined in Chapter 18.45, Off-Street Parking.

f) Senior citizen/congregate care parking requirements may be adjusted on an individual project basis, subject to a parking study based on project location and proximity to services for senior citizens, including but not limited to medical offices, shopping areas, mass transit, etc.

13. The project shall be designed to provide maximum security for residents, guests, and employees.

14. Trash receptacle(s) shall be provided on the premises. Trash receptacle(s) shall comply with adopted Public Works Department standards and be of sufficient size to accommodate the trash generated. The receptacle(s) shall be screened from public view on at least three sides by a solid wall 6 feet in height and on the fourth side by a solid gate not less than 6 feet in height. The gate shall be maintained in good working order and shall remain closed except when in use. The wall and gate shall be architecturally compatible with the surrounding buildings and structures. The receptacle(s) shall be located in close proximity to the residential units which they are intended to serve.

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15. Residential occupancy shall be limited to single persons over 55 years of age or married couples of which one spouse is over 55 years of age.

16. Developers of senior citizen/congregate care housing which have a density larger than that allowed in the underlying land use district shall provide a marketing analysis which analyzes long-term feasibility and a conversion plan of senior residential units to standard units, with a corresponding reduction in the number of units to equal the density allowed in the underlying land use district if the project is not occupied by seniors 60 years of age or older. The feasibility study and conversion plan shall not be required if the project is sponsored by any government housing agency, the City's Redevelopment Agency, or a nonprofit housing development corporation.

17. All parts of all structures shall be within 150 feet of paved access for single-story and 50 feet for multistory. [Ord. 305 § 2, 2010; Ord. 296 § 2, 2009; Ord. 294 §§ 6 – 8, 2009; Ord. 292 § 2, 2009; Ord. 228 § 2, 2006; Ord. 220 § 2, 2004; Ord. 217 § 3, 2004; Ord. 95-7 § 2; Code 1990 § 12.3.05.]

N. Community Gardens. Community gardens are subject to the following development standards:

1. Use. Community gardens are limited to the cultivation of herbs, fruits, flowers, or vegetables, including the cultivation and tillage of soil and the production, cultivation, growing, and harvesting of any agricultural, floricultural, or horticultural commodity.

2. The keeping of livestock and animals is prohibited.

3. Accessory buildings and structures shall comply with the accessory structure setback requirements listed in Subsection 18.20.050.A, Accessory Structures. Crop areas must be set back at least 3 feet from all property lines.

4. Garden- and farm-related buildings and structures may not exceed 18 feet in height.

5. Fencing shall be provided around the site consistent with the standards of Section 18.20.060(B), Fences and Walls.

6. The use of commercial-grade pesticides as part of a community garden is prohibited.

18.20.060 Design and neighborhood compatibility standards.

A. Design Compatibility. Additions to existing structures and new structures proposed on a developed parcel shall be compatible in terms of mass, scale, height, design, colors, and materials with the existing structures on the parcel or the existing structures shall be modified to be compatible with the new construction. In addition, new construction on vacant parcels shall be compatible with the surrounding development pattern in terms of the mass, scale, and height of surrounding structures as specified in this section.

B. Second-Story Construction or Top Plate Heights above 9 Feet.

1. New two-story home construction, or additions to an existing single-story home that is adjacent to single-story homes, shall be required to provide an additional 5 feet to the setback for the proposed second story. This 5-foot setback shall be in addition to the minimum setbacks specified in Section 18.20.040, Residential Development Standards.

2. Rear decks and balconies shall be prohibited for infill development where a majority of the surrounding properties are single-story homes.

Page 18.20-19


3. Second stories shall be limited to no more than 75 percent of the floor area of the existing first story.

4. To avoid box structure designs, continuous second-story walls and wall areas greater than 9 feet in height that are flush with the first story of a primary structure shall be designed with a minimum recess of 1 foot for every 20 feet of wall length. For the purposes of this section, "flush" shall mean any second-story element or wall area above 9 feet in height that is less than 1 foot in depth from the first story or area below 9 feet.

C. Visual Privacy Standards. When proposed construction involves a second story or a single story at a grade differential of 3 or more feet from adjacent property and is adjacent to existing single-story dwellings, the following standards shall be met:

1. Landscape screening shall be provided along the property line(s) adjacent to the single-story dwelling(s) or property on the downslope. A landscape plan shall be submitted to the Community Development Director for review and approval. The landscaping shall, at minimum, provide visual screening of the area immediately across from the second story to ensure privacy for the adjacent single-story dwelling from visual intrusion to the windows or back yard of the adjacent residence.

2. If it is determined during project review that visual privacy issues will exist along side yard elevations, the Planning Director may limit the second-story wall or any structure wall above 9 feet in height to clerestory windows or permanent opaque screening, if any windows are proposed. This determination shall be based on whether or not the proposed second story would have views into a neighbor's bedroom(s), living/family room, or back yard.

D. Antennas, Vertical, and Satellite Dish Design Standards. All antennas, including portable units, but exempting residential satellite dish installations which are 10.5 feet or less in diameter, 12 feet or less in height, located in the rear yard, and are ground-mounted; and exempting residential single-pole or tower roof- or ground-mounted television, or amateur radio antennas where the boom or any active element of the antenna array is 30 feet or less and the height does not exceed 75 feet, shall be installed in the following manner:

1. The subject location shall conform to all standards of the land use district in which it is proposed.

2. The antennas/satellite dish shall not be located in the following areas:

a) Front setback.

b) Street side setback.

c) On any structure, unless architecturally screened and approved by the planning commission. The screening restriction on antennas may be modified by the Commission, if there is no alternative to maintain line of sight clearance for satellites or amateur radio antennas.

3. The maximum overall height for ground- mounted antennas shall be 75 feet above grade.

4. The operation of the antennas shall not cause interference with any electrical equipment in the surrounding neighborhoods (e.g., television, radio, telephone, computer), unless exempted by federal regulation.

5. The antennas/satellite dish shall be a single, nonglossy color (e.g., off-white, cream, beige, green, black, gray).

Page 18.20-20


6. Antennas/satellite dish facilities (not including an antenna/satellite dish for the exclusive use of a residence) shall be screened on all sides with a 6-foot block wall, and with a solid gate 6 feet in height providing access to the facility.

7. The antenna/satellite dish shall be sited to assure compatibility with surrounding development and not adversely impact the neighborhood.

E. Fences and Walls. Fences and walls, including retaining walls, shall comply with Section 18.65, Fence, Wall, and Screening Standards.

F. Lighting. Lighting shall comply with Section 18.120, Outdoor Lighting.

G. Regrading. Regrading of lots to meet the standards of this section shall be prohibited.

H. Solar Energy Design Standards. Passive heating and cooling opportunities shall be incorporated in all developments in the following manner:

1. Future structures should be oriented to maximize solar access opportunities.

2. Streets, lot sizes, and lot configurations should be designed to maximize the number of structures oriented so that the south wall and roof area face within 45 degrees of due south.

3. The proposed lot size and configuration should permit structures to receive cooling benefits from both prevailing breezes and existing and proposed shading.

4. Any pool or spa facilities owned and maintained by a homeowners association shall be equipped with a solar cover and solar water heating system.

5. No structure (building, wall, or fence) shall be constructed or vegetation placed so as to obstruct solar access on an adjoining parcel.

6. Roof-mounted solar collectors shall be placed in the most obscure location without reducing the operating efficiency of the collectors. Wall-mounted and ground-mounted collectors shall be screened from public view.

7. Roof-mounted collectors shall be installed at the same angle or as close as possible to the pitch of the roof.

8. Plumbing in new construction shall have connections for solar energy additions.

9. Appurtenant equipment, particularly plumbing and related fixtures, shall be installed in the attic.

10. Exterior surfaces of the collectors and related equipment shall have a matte finish and shall be color-coordinated to harmonize with roof materials or other dominant colors of the structure. [Ord. 95-7 § 2; Code 1990 § 12.3.06.]

Page 18.20-21


Chapter 18.25 COMMERCIAL ZONE DISTRICTS

Sections:


18.25.020 Commercial zone districts.

18.25.030 Use regulations for commercial districts.

18.25.040 Commercial development standards.

18.25.050 Specific development standards for commercial districts.

18.25.060 Design standards.


The purpose of the commercial zone districts is to achieve the following:

A. Provide appropriate commercial areas for retail and service establishments, neighborhood convenience, and office uses required by residents of the city in a manner consistent with the General Plan.

B. Provide adequate space to meet the needs of commercial development, including off-street parking and loading.

C. Minimize traffic congestion and avoid the overloading of utilities.

D. Protect commercial areas from excessive noise, illumination, unsightliness, odor, smoke, and other objectionable influences.

E. Promote high standards for pedestrian safety, site planning, and landscape design for commercial and office developments within the city.

F. Provide employment opportunities for existing and future residents of the city and those of adjacent communities.

G. Provide for land uses which meet the needs of and attract regional populations, in addition to local residents.

H. Ensure compatibility with adjacent land uses. [Ord. 95-7 § 2; Code 1990 § 12.4.01.]

18.25.020 Commercial zone districts.

A. Neighborhood Commercial (C-N) Zone. The zone is intended to provide for the continued use, expansion, and new development of small-scale, low-intensity neighborhood commercial uses which serve and are in proximity to residential neighborhoods throughout the city.

B. Community Commercial (C-C) Zone. The zone is intended to provide for larger commercial uses to serve the residents of the city and surrounding areas.

Page 18.25-1


C. Regional Commercial (C-R) Zone. The zone is intended to provide for the development of commercial uses which will cater to a wide market, including a full range of retail shops and services in a shopping center environment.

D. Office Professional (O-P) Zone. The zone is intended to provide for uses such as business and service offices, cultural and community facilities, financial institutions, legal and medical services, restaurants, and other similar uses which represent major concentrations of community and employment activities. [Ord. 95-7 § 2; Code 1990 § 12.4.02.]

18.25.030 Use regulations for commercial districts.

Table 18.25.030 identifies those uses and activities which may be permitted in the commercial zone districts subject to the provisions of this title and applicable General Plan policies, and those uses and activities which are not permitted. Table 18.25.030 also indicates the development procedure and the approval type by which each listed use or activity may be permitted in each of the commercial zone districts. A minor development plan or major development plan may be required in accordance with Chapter 18.90, Development Plan Review.

TABLE 18.25.030 USES PERMITTED WITHIN COMMERCIAL DISTRICTS

Use C-N C-C C-R O-P

A. Commercial Uses

Uses requiring an Alcoholic Beverage Control permit approval a C C C C

Ambulance services X C C X

Art galleries P P P X

Art supply shops and studios P P P X

Appliance stores and repair (large appliances) X P P X

Arcades b X C C C

Athletic and health clubs X P P X

Auto supply stores P P P X

Automobile dealership c X C C X

Automobile internet sales (office use only, 2 vehicles or less on display) P P P X

Automotive washing, self-service C P P X

Automotive washing, full-service C P P X

Automotive paint and body d X C C X

Automotive repair garages, which do not include body and fender shops or spray painting d

C P P X

Bookstores P P P P

Page 18.25-2


Use C-N C-C C-R O-P

Convenience stores, including sale of motor vehicle fuel C C C X

Delicatessens P P P P

Department stores X P P X

Convenience stores P P P X

Commercial recreation facilities

• Indoor X P P P

• Outdoor X X X X

Emergency care facilities X C X C

Drive-in/throughs e C C C C

Feed and tack stores C P P X

Florists P P P P

Gas stations C C C C

General retail P P P X

General services P P P P

Gift shops P P P P

Hospitals X C X C

Hotels and motels X P P C

Ice cream and yogurt shops P P P P

Internet cafes P P P P

Kennels X C C X

Liquor stores (see also alcohol sales) X C C C

Medical offices X X X P

Mortuaries X C C C

Movie theaters X P P X

Newspaper and magazine stores P P P P

Paint stores X P P X

Pawnshops f X P P X

Personal services, including massage, tattooing, or piercing C C C X

Plumbing shops and supplies X P P X

Restaurants and other eating establishments, excluding fast food

• With entertainment C C C C

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Use C-N C-C C-R O-P

• Without entertainment P P P P

Secondhand store X P P X

Service station (automotive without convenience sales) g C C C X

Service station (automotive, with convenience sales) g C C C C

Smoke shops and hookah lounges, including vapor and e-cigarettes C C C X

Swimming pool sales/service (outdoor display) X C C X

Tire sales and service d X P P X

Upholstery shops X P P X

Veterinary offices and animal hospitals, including exterior kennels, pens, or runs

X C C X

Veterinary offices and animal hospitals, excluding exterior kennels, pens, or runs

P P P X

Warehouse/wholesale and industrial uses

• When combined with retail use and less than or equal to 45% of the total square footage of the parcel development is designated for warehouse/wholesale and/or industrial uses h

X P X X

• When combined with retail use and greater than 45% of the total square footage of the parcel development is designated for warehouse/wholesale and/or industrial uses h

X P X X

B. Office and Related Uses

Bail bonds offices X P P X

Check cashing/payday loan services X P P X

Professional offices P P P P

Self-storage facilities X P P X

Social service offices X P P P

Warehouse/wholesale and industrial uses

• When combined with office use and less than or equal to 45% of the total square footage of the parcel development is designated for warehouse/wholesale and/or industrial uses h

X P X X

• When combined with office use and greater than 45% of the total square footage of the parcel development is designated for warehouse/wholesale and/or industrial uses h

X C X X

C. Public/Quasi-Public Uses

Auditoriums X C C C

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Use C-N C-C C-R O-P

Churches and other religious institutions C C C C

Convalescent homes C C X X

Cultural center/performing arts theaters X C C X

Day care facilities, preschools, nursery schools, or community care facilities

C C C C

Educational institutions (public and private) C C C C

Fire and police stations P P P P

Government offices (e.g., City Hall, Community Center) P P P P

Meeting places of nonprofit civic groups, community organizations, clubs, and lodge halls

C C C C

Parking, surface or garage (not associated with a development project) P P P P

Parks and recreation facilities (public or private) P P P P

Post offices P P P P

Public libraries and museums P P P P


C P P P

Wireless communication facilities X C C C

D. Residential Uses

Emergency shelters i X P X X

Mixed-use [j] X C X X

Single-room occupancy housing X P P X

F. Temporary Uses Subject to the provisions of Section 18.15.130, Temporary

Use Permits.

Other uses similar to and having no greater impact on the surrounding environment than the uses identified above

Subject to the provisions of Section 18.15.180,

Determination of Similar Use.

Legend: P – Permitted

C – Subject to conditional use permit X – Prohibited

Notes: a. Subject to the provisions of Subsection 18.25.050.B, Alcohol Beverage Control “ABC” License. b. Subject to the provisions of Subsection 18.25.050.C,Arcades. c. Subject to the provisions of Subsection 18.25.050.D,Automobile Dealerships. d. Subject to the provisions of Subsection 18.25.050.M,Vehicle Repair Facilities.

Page 18.25-5


e. Subject to the provisions of Subsection 18.25.050.G, Drive-In, Drive-Through, Fast-Food, and Take-Out Restaurants. f. Subject to the provisions of Subsection 18.25.050.J, Pawnshops. g. Subject to the provisions of Subsection 18.25.050.L, Service Stations. h. Subject to the provisions of Subsection 18.25.050.N, Warehouse/Wholesale and Industrial Uses. i. Subject to the provisions of Subsection 18.25.050.H, Emergency Shelters. j. Subject to the provisions of Subsection 18.25.050.I, Mixed Use. [Ord. 286 § 6, 2009; Ord. 95-7 § 2; Code 1990 § 12.4.03.]

18.25.040 Commercial development standards.

A. Table 18.25.040 provides the minimum site development standards applicable to proposed and existing development in all commercial zone districts.

1. A development or commercial center may, for purposes of meeting the minimum site size standards, consist of a combination of parcels whose total net acreage meets the minimum site size criteria, provided that the design for the entire site is integrated and unified.

TABLE 18.25.040 COMMERCIAL DEVELOPMENT STANDARDS

Standard C-N C-C C-R O-P

1. Minimum site area (net) 7,200 s.f. 10,000 s.f. 10,000 s.f. 10,000 s.f.

2. Minimum front setback 15’[a] 20'[a] 20' 20'

3. Minimum side setbacks (ea.) 10' 10' 10' 10’

4. Minimum side street setback 20' 20' 20' 20’

5. Minimum rear yard setback 10' 10' 10' 10’

6. Maximum floor area ratio 0.25 0.50 0.75 0.50

7. Maximum height for buildings and structures 1 st. 25' 2 st. 35' 3 st. 50' 2 st. 35’

s.f. = square feet

st. = story Notes: a. The front yard setback may be reduced to 0 feet if a public place or sitting or eating area is provided within the required

setback area. Playground equipment does not satisfy this requirement.

B. The following standards shall apply to development in all commercial districts, except as otherwise provided in this title:

1. All indoor uses shall be conducted within a completely enclosed structure. Limited outside uses (e.g., patio dining areas and nursery sales, limited to plants and trees) shall be approved through development plan review.

2. There shall be no visible storage of motor vehicles (except display areas for sale or rent of motor vehicles), trailers, airplanes, boats, recreational vehicles, or their composite parts; loose rubbish, garbage, junk, or their receptacles; tents; equipment; or building materials in any portion of a lot. No storage shall occur on any vacant parcel. Building materials for use on the same premises

Page 18.25-6


may be stored on the parcel during the time that a valid building permit is in effect for construction.

3. Every parcel with a structure shall have a trash receptacle on the premises. The trash receptacle shall comply with adopted Public Works Department standards, pursuant to Chapter 8.35, and be of sufficient size to accommodate the trash generated.

4. All roof-mounted air conditioning or heating equipment, vents, or ducts shall not be visible from any abutting lot or any public street or right-of-way. This shall be accomplished through the extension of the main structure or roof or screening in a manner which is architecturally integrated with the main structure(s).

5. Loading/unloading, delivery, packing, or refuse areas shall be screened from any abutting lot or any public street or right-of-way. This shall be accomplished through the extension of the main structure, or construction of a concrete block wall of a height which adequately screens the area. The method of screening shall be architecturally integrated with the adjacent structure in terms of materials, color, shape, and size.

6. Elevations of all structures shall be architecturally treated to ensure compatibility with high-quality neighboring structures.

7. Transformers and backflow devices shall be completely screened from view with landscaping or other building materials.

8. Designated pedestrian access shall be provided from project sites to existing and future transit routes, park-and-ride facilities, and other facilities to support public transit and nonmotorized transportation abutting the site.

9. The City may require the preparation of market feasibility studies demonstrating the economic viability of the proposed development prior to or concurrently with a development application. [Ord. 95-7 § 2; Code 1990 § 12.4.04.]

18.25.050 Specific development standards for commercial districts.

A. Accessory Structures. Accessory structures are subject to the same level of review as the main structure, e.g., development plan review or conditional use permit review. An accessory structure shall be compatible with the architectural style and materials of the main building on the property. Accessory structures may only be constructed on a lot containing a main building. Permitted accessory structures shall maintain the yard requirements of the underlying zone and shall not be closer than 10 feet to any other structure.

Where the accessory structure is attached to a main building by means of a common foundation, wall, roof, or other means of attachment, it shall be considered a portion of the main building and shall comply with all the regulations applicable to that zone.

B. Alcohol Beverage Control "ABC" License.

1. A business or establishment which is required to obtain an off-site or on-site "ABC" license is subject to a conditional use permit.

2. A business or establishment which is required to obtain an off-site "ABC" license shall comply with the following:

Page 18.25-7


a) A business or establishment shall not be located within 500 feet of any religious institution, school, or public park within the city; within 100 feet of any property designated for residential use or used for residential purposes; and shall not be located in such close proximity to another similar use to cause oversaturation of the neighborhood. The license application shall be reviewed by the Sheriff's Department prior to City approval.

3. Exceptions.

a) A conditional use permit shall not be required for sales of alcoholic beverages at a restaurant where the primary income (51 percent) results from the on-site sale of food.

b) A business or establishment containing 25,000 square feet or more, which does not sell alcoholic beverages as its principal business, is exempt from the provisions of this section.

C. Arcades. Arcades shall comply with the provisions of this section in addition to the development standards and permit procedures for the district in which the arcade is located. The standards shall also be required for existing nonconforming arcades at such time as those arcades apply for City permits for expansion, or where issuance of a business license is required.

1. Maximum Number of Machines. The number of video machines permitted shall not exceed one machine per each 30 square feet of floor area.

2. Bicycle Racks. Bicycle storage racks shall be maintained off the public sidewalk at the ratio of one-half bicycle space per machine to adequately accommodate bicycles utilized by arcade patrons.

3. Telephones. At least one public telephone shall be provided at each arcade. All telephones shall be located within the building.

4. Hours of Operation. The hours of operation shall be limited to between 8:00 a.m. and 10:00 p.m., seven days a week.

5. Adult Supervision. An adult supervisor shall be able to readily observe all video machines and all areas of business. The adult supervisor shall be present at all times during hours of operation, and, if the number of video machines exceeds 40, there shall be two adult supervisors present at all times during hours of operation.

6. Noise. No sound created by any arcade, or its patrons, shall be detectable from the exterior of the arcade or from adjacent uses. Additional wall soundproofing shall be required.

7. Smoking, Eating, and Drinking. No alcoholic beverages or cigarettes shall be sold or consumed within the arcade. Appropriate notification shall be displayed within the premises.

8. Litter. The premises shall be continuously maintained in a safe, clean, and orderly condition.

D. Automobile Dealerships. Automobile dealerships shall comply with the provisions of this section in addition to the development standards and permit procedures for the district in which the dealership is located.

1. Minimum Lot Size. The minimum lot size for automobile dealerships shall be 40,000 square feet.

2. Parking. Areas designated for employee and customer parking shall not be used for vehicle storage or display.

3. Vehicle Inventory. No more than 25 percent of a dealership’s on-site inventory shall consist of used vehicles. A used vehicle shall be considered any vehicle over three years old.

Page 18.25-8


4. Service Bays. Openings of service bays shall not face public rights-of-way and shall be designed to minimize the visual intrusion onto adjoining properties. Access to service bays shall not be located within 50 feet of a residentially zoned property.

5. Loading and Unloading of Vehicles.

a) All loading and unloading of vehicles shall occur on-site and not in adjoining streets and alleys.

b) Loading and unloading areas shall be located behind the buildings.

c) Loading and unloading of vehicles is limited to the hours of 7:00 a.m. through 7:00 p.m. Monday through Saturday.

d) The dealership operator is deemed to be responsible and liable for any activities of a common carrier, operator, or other person controlling such loading or unloading activities, to the extent any such activities violate the provisions of this subsection.

6. Repair of Vehicles. The repair and service facility portion of any automobile dealership shall comply with the provisions of subsection N, Vehicle Repair Facilities, of this section.

7. Queuing of Vehicles. An on-site queuing area or lanes for service customers shall be provided, which shall be large enough to accommodate a minimum of 1.5 vehicles for each service bay in the facility. On-site driveways may be used for queuing, but may not interfere with access to required parking spaces. Required parking spaces may not be counted as queuing spaces.

8. Toxic Waste Storage and Disposal. Gasoline storage tanks shall meet all applicable state and local health regulations, and shall be constructed and maintained under the same conditions and standards that apply to service stations.

E. Commercial Shopping Centers.

1. Small Shopping Center. Consists of one or two anchors (i.e., drugstore, grocery store). This size development shall provide the following specific development standards:

a) Access.

i. Pedestrian Access. All anchors, including drug, grocery, stand-alone, and big-box retailers, shall have the curb flush with the pavement at the store entrances to provide a "no-lip" situation for easier pedestrian access.

b) Parking Areas.

i. Parking areas shall be designed to provide exceptional circulation and pedestrian safety within the development.

ii. No parking stalls shall be permitted along the frontage area of any major anchor where there is a pedestrian entrance. This area must be maintained as a free drive aisle.

iii. The majority of all parking shall be oriented to the front of the building and public entrance areas, except as follows:

(a) For small shopping centers located in the Downtown Business District, parking shall be conveniently located near public rear or front entrance areas.

Page 18.25-9


c) Vending Machines (including news racks and telephones). All vending machines shall be located directly against the building to either side of the main entrance, out of the main pedestrian entrance. The building facade shall have a specific place for vending machines and shall be architecturally treated. Trash cans shall be located directly adjacent to the entrance, but shall in no way impede pedestrian movement.

d) Outdoor Storage. No outdoor merchandise displays or storage shall be allowed in the parking lot without proper approvals. Storage and displays of merchandise on sidewalks shall be prohibited unless proper approvals have been granted.

i. Outdoor storage and display areas shall be screened from public view.

ii. Outdoor storage and display areas located on private sidewalks need to be screened from public view; however, a minimum 4-foot path of travel must be maintained.

e) Cart Storage.

i. Retail facilities which entail the use of shopping carts shall provide screened cart storage areas and cart corral areas. Open-view cart storage on sidewalks is strictly prohibited.

ii. Screened areas for outside cart storage shall be constructed in front of the building in a manner as to obscure a major portion of the carts from public areas and view. The screening shall be accomplished with a 40-inch decorative block wall, part of the main structure, or a combination of block wall and planters integrated with steel or wrought iron railings.

iii. Corral areas shall be located at each parking island which fronts the retail facility. Placement shall be between the landscape planter and the first set of parking stalls. No metal frame or freestanding cart corrals shall be permitted.

f) Architectural and Landscape Design. All buildings shall have a unifying architectural theme including color scheme, building materials, and building style. A unifying landscape design shall be established for the shopping center.

g) Phasing. All phases of development shall be designated on approved plans, including timing of on-site and off-site improvements, landscape improvements, vehicular and pedestrian access, and parking.

2. Large Shopping Center. Consists of three or more anchors (i.e., drugstore, grocery store) or one large-box retailer (i.e., discount/membership store or home improvement center). In addition to the requirements for small shopping centers provided above, large shopping centers shall provide the following:

a) Access.

i. Center walkways down one or more landscape strips, between parking stalls, shall be provided to enhance pedestrian and cart movement between parking areas, stores, and other facilities within the center. Landscaping requirements must still be achieved.

ii. Walkways shall be planned to provide a comprehensive linkage system within the center. All major anchors and retail pads shall be accessible from the linkages.

(A) Specifications. Walkways shall be concrete and shall be at least 6 feet wide to allow pedestrian/cart movement.

Page 18.25-10


iii. Sidewalks.

(A) Sidewalks in front of all stores and retail buildings shall be constructed and maintained with a minimum sidewalk width of 10 feet from the store facade to the curb/pavement for pedestrian safety and movement.

(C) Sidewalks shall be designed to provide complete access to all buildings and parking areas. Where required, sidewalks shall provide access to all linkages, pedestrian areas, and public transit areas.

(D) Ramps for all handicapped access points shall be curb-cut style. Bermed ramps within the parking area are not permitted.

(E) Storage and displays of merchandise shall be prohibited on sidewalks within the required 10-foot sidewalk width. Storage and display areas may be permitted only if the building has these areas architecturally incorporated into the original approved design and set back from the 10-foot minimum sidewalk requirement.

b) Bus Stops/Turnouts. Development plans shall include the placement of bus turnouts along the major public corridor that serves the development. The turnout shall be constructed to accommodate a full-size bus out of traffic lanes. The turnout shall be constructed of concrete. Pedestrian all-weather transit stops and seating areas shall be provided and shall be architecturally compatible with the development.

c) Pedestrian Areas. Consideration shall be given to include pedestrian seating and gathering areas within the development. The areas may be covered or have an open trellis design. Public art, water features, community/educational displays, or other amenities shall be considered in the design. The seating/gathering areas shall be accessible and oriented to all buildings or be interconnected by pedestrian linkages.

F. Density Bonus. A density bonus may be granted to a developer of a commercial project when the developer agrees to set aside floor area for a child care facility in accordance with Government Code Section 65917.5.

G. Drive-In, Drive-Through, Fast-Food, and Take-Out Restaurants. The following provisions shall apply to all new drive-in, drive-through, fast-food, and take-out restaurants and to the expansion of 20 percent or more of the gross floor area or increase of more than 25 percent of the number of seats in any existing restaurant.

1. Pedestrian walkways should not intersect the drive-through aisles, but where they do, they shall have clear visibility, and they must be emphasized by enhanced paving or striping.

2. Drive-through aisles shall have a minimum 12-foot width on straight sections; radius shall be as determined by the City Engineer.

3. Drive-through aisles shall provide sufficient stacking area behind the menu board to accommodate a minimum of eight cars.

4. All drive-through windows shall be covered. The construction and materials of the cover shall be architecturally compatible with the main structure and shall be approved by the Planning Director.

5. All service areas and ground-mounted and roof-mounted mechanical equipment shall be screened from view.

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6. Drive-through or drive-in aisles shall be screened from the public right-of-way with landscaping, berms, block wall, or a combination. The screening method shall also be used to minimize the visual impact of readerboard signs and directional signs. All landscaping shall be in conformance with Chapters 18.70, Landscape Requirements, and 18.75, Water Conservation for Landscaping.

7. Drive-through aisles shall be constructed with PCC pavement.

8. Parking areas and drive-through aisles and structures shall be set back from the ultimate curb face a minimum of 20 feet.

9. Drive-through restaurants within an integrated shopping center shall have an architectural style consistent with the theme established in the center. The architecture of any drive-through restaurant must provide compatibility with surrounding uses in form, materials, colors, scale, etc. Structure plans shall have variation in depth and angle to create variety and interest in its basic form and silhouette. Articulation of structure surface shall be encouraged through the use of openings and recesses which create texture and shadow patterns.

10. The use of outdoor dining and seating areas is encouraged.

H. Emergency Shelters. Such uses shall be permitted pursuant to Government Code Section 65583 and this subsection in addition to complying with applicable standards of the zone district in which the use is located. The following standards shall apply to all emergency shelters, except those shelters established in response to an emergency as defined in Chapter 2.80, Administration of Disaster Operations and Relief, of this Municipal Code:

1. The maximum number of beds shall be ten beds per facility.

2. All client intake shall be conducted inside the facility.

3. On-site management is required during hours of operation.

4. An emergency shelter shall not be located within 300 feet of any other emergency shelter, as measured from property line to property line.

5. The length of stay for any individual shall be limited to six months or less.

6. Adequate lighting for security and safety purposes shall be provided on-site and shall be maintained in good working condition.

7. Security shall be provided on-site during the hours of operation.

I. Mixed Use. In the Community Commercial (C-C) zone, residential uses may be combined with nonresidential uses upon approval of a conditional use permit.

1. In an entirely new building constructed for such purposes, required parking shall be provided for each use, calculated in accordance with the individual requirements for the particular uses.

2. In an existing commercial building, parking for the residential unit(s) shall be provided on-site, in addition to that required for the commercial use(s), or by evidence of an agreement for off-site parking, acceptable to the City.

J. Pawnshops. The following provisions shall apply to pawnshops. Such uses shall comply with the provisions of this subsection in addition to the applicable standards and permit procedures of the zone district in which the use is located.

1. Pawnshops shall be a minimum distance of 500 feet from each other, as measured from structure to structure. The distance between any structures used as a pawnshop shall be

Page 18.25-12


measured in a straight line, without regard to intervening structures. Exceptions may be considered if it can be demonstrated that no direct route exists between two businesses without traveling more than 500 feet, such as adjoining or nearby properties on different streets, and separated by physical barriers from one another, such as walls, fencing, landscaping, etc.

2. Pawnshops shall be limited to operating between 8:00 a.m. and 10:00 p.m.

K. Recycling Facilities. The following provisions shall apply to the following uses: (1) reverse vending machines; (2) small recycling facilities; and (3) recycling and reprocessing facilities. Such uses shall comply with the provisions of this subsection in addition to the applicable standards and permit procedures of the zone district in which the use is located.

1. Reverse Vending Machines. Reverse vending machines shall be subject to development plan review and shall comply with the following standards:

a) Shall be established in conjunction with a commercial use or public facility which is in compliance with this title and all applicable provisions of the building code and the Calimesa Municipal Code.

b) Shall be located within 30 feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation.

c) Shall not occupy required parking spaces.

d) Shall occupy no more than 50 square feet of floor area per installation, including any protective enclosure, and shall be no more than 8 feet in height.

e) Shall be constructed and maintained with durable, waterproof, and rustproof material.

f) Shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.

g) Shall have a sign area of a maximum of 4 square feet per machine, exclusive of operating instructions.

h) Shall be maintained in a clean, litter-free condition on a daily basis.

i) Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.

j) Shall be adequately maintained, and shall be clean and not dented, bent, or otherwise disfigured.

2. Small Collection Facilities. Small collection facilities shall be subject to development plan review and shall comply with the following standards:

a) Shall be established in conjunction with an existing commercial use or public facility which is in compliance with this title and the building code and the Calimesa Municipal Code.

b) Shall be no larger than 500 square feet and occupy no more than five parking spaces, not including space that will be periodically needed for removal of materials or exchange of containers.

c) Shall be set back at least 10 feet from any property line, and shall not obstruct pedestrian or vehicular circulation.

Page 18.25-13


d) Shall accept only glass, metals, plastic containers, papers, and reusable items.

e) Shall use no power-driven processing equipment except for reverse vending machines.

f) Shall use containers that are constructed and maintained with durable waterproof and rustproof material, covered when site is not attended, secured from unauthorized entry or removal of material, and of a capacity sufficient to accommodate materials collected and the collection schedule.

g) Shall store all recyclable material in containers or in the mobile unit vehicle, and shall not leave materials outside of containers when attendant is not present.

h) Shall be maintained free of lifter and any other undesirable materials. Mobile facilities, at which a truck or containers are removed at the end of each collection day, shall be swept at the end of each collection day.

i) Shall operate only during the hours between 9:00 a.m. and 7:00 p.m. when located within 100 feet of a property zoned or occupied for residential use.

j) Shall locate containers for the 24-hour donation of materials at least 100 feet from any property zoned or occupied by a residential use, unless there is a recognized service corridor and acoustical shielding between the containers and the residential use. All containers shall be painted and shall not be dented, bent, or otherwise disfigured.

k) Shall utilize clearly marked containers which identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and shall display a notice stating that no material shall be left outside the recycling enclosure or containers.

l) Signs may be provided as follows:

i. Small collection facilities may have a maximum of four identification signs, each a maximum of 20 percent per side of the facility or 16 square feet, whichever is larger. In the case of a wheeled facility, the side shall be measured from the pavement to the top of the container.

ii. Signs shall be consistent with the character of their location.

iii. Directional signs, consistent with Chapter 18.50, Sign Regulations, bearing no advertising message may be installed with the approval of the Planning Director if found necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way.

m) The facility shall not impair the landscaping required by Chapter 18.70, Landscape Requirements, for any concurrent use.

n) Parking.

i. No additional parking spaces shall be required for customers of a small collection facility located in the established parking lot of a commercial use.

ii. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present.

iii. Occupation of parking spaces by the facility and by the attendant shall not reduce available parking spaces below the minimum number required for the primary use unless all of the following conditions exist.

Page 18.25-14


(A) A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site; and

(B) The permit shall be reviewed at the end of 12 months.

o) Small collection facilities may be subject to landscaping and/or screening as determined by the Planning Commission.

p) Shall maintain adequate refuse containers for the disposal of nonhazardous waste.

3. Large Collection Facility. A large collection facility which is larger than 500 square feet, or on a separate parcel not accessory to a primary use, which has a permanent structure, is permitted in the Community Commercial (C-C), Regional Commercial (C-R), and industrial land use districts, subject to a conditional use permit and the following standards:

a) Facility shall be located a minimum of 150 feet from the property line of any lot zoned or planned for residential use.

b) Facility shall be screened from the public right-of-way by operating in an enclosed building or within an area enclosed by an opaque fence at least 6 feet in height with landscaping and shall meet all applicable noise standards of Chapter 8.15.

c) Setbacks and landscape requirements shall be those provided for the zone district in which the facility is located.

d) All exterior storage of material shall be in sturdy containers which are covered, secured, and maintained in good condition. Outdoor storage shall be screened by a 6-foot solid decorative masonry wall. No storage, excluding truck trailers, shall be visible above the height of the wall. No outdoor storage shall be permitted in the land use districts which do not permit outdoor storage.

e) The site shall be maintained free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis.

f) Space shall be provided on site for six vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit recyclable materials.

g) One parking space shall be provided for each commercial vehicle operated by the recycling facility. Parking requirements shall be as provided for in Chapter 18.45, Off-Street Parking.

h) Noise levels shall not exceed 65 dBA as measured at the property line of residential land use districts, and shall not exceed 70 dBA at any point.

i) If the facility is located within 500 feet of property zoned, planned, or occupied for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m.

j) Any containers or enclosures provided for after-hours donation of recyclable materials shall be at least 50 feet from any property zoned, planned, or occupied for residential use, shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected, and shall be secured from unauthorized entry or removal of materials.

k) Donation areas shall be kept free of litter and any other undesirable material, and the containers shall be clearly marked to identify the type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers.

Page 18.25-15


l) The facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation; identification and informational signs shall meet the standards of the zone. Directional signs may be installed with the approval of the planning director if necessary, to facilitate traffic circulation or if the facility is not visible to the public right-of-way.

m) Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material, may be approved at the discretion of the Planning Director if noise and other conditions are met.

4. Processing Facilities. Processing facilities, both light and heavy, shall be permitted in the commercial land use districts subject to a conditional use permit, and shall comply with the following standards:

a) The facility shall be located at least 150 feet from property planned, zoned, or occupied for residential use and operations shall take place within a fully enclosed building or within an area enclosed by a 6-foot solid decorative masonry wall.

b) Setbacks from property lines shall be those provided for the land use district in which the facility is located.

c) When located within 500 feet of property planned, zoned, or occupied for residential use, the facility shall not be in operation between 7:00 p.m. and 7:00 a.m.

d) Noise levels shall not exceed 65 dBA as measured at the property line of residentially zoned or occupied property, and shall not exceed 70 dBA at any point.

e) Sign criteria shall be those specified in Chapter 18.50, Sign Regulations. In addition, the facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation.

f) Any containers or enclosures provided for after-hours donation of recyclable materials shall be at least 50 feet from any property zoned or occupied for residential use; shall be of sturdy, rustproof construction; shall have sufficient capacity to accommodate materials collected; and shall be secured from unauthorized entry or removal of materials.

g) The facility shall be administered by on-site personnel during hours of operation.

h) Donation areas shall be kept free of litter and any other undesirable material. The containers shall be clearly marked to identify the type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers.

i) No dust, fumes, smoke, vibration, or odor above ambient level may be detectable on neighboring properties.

j) Power-driven processing shall be permitted, provided all noise level requirements are met. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding, and sorting or source-separated recyclable materials and repairing of reusable materials.

k) A light processing facility shall be no larger than 45,000 square feet and shall have no more than an average of two outbound truck shipments of material per day and shall not shred, compact, or bale ferrous metals other than food and beverage containers.

Page 18.25-16


l) A processing facility may accept used motor oil for recycling from the generator in accordance with Section 25250.11 of the California Health and Safety Code.

m) All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured, and maintained in good condition or may be baled or placed on pallets. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage shall be in containers approved by the County Director of Environmental Health Services; no storage excluding truck trailers and overseas containers shall be visible above the height of the fencing.

n) Site shall be maintained free of litter and any other undesirable materials, shall be cleaned of loose debris on a daily basis, and shall be secured from unauthorized entry and removal of materials when attendants are not present.

o) One parking space shall be provided for each commercial vehicle operated by the processing center. Parking requirements shall otherwise be as mandated by Chapter 18.45, Off-Street Parking.

5. Site Cleanup. The operator of any recycling collection or processing facility shall, on a daily basis, remove any and all recyclable materials or solid wastes which have accumulated or are deposited outside the containers, bins, or enclosures intended as receptacles for such materials. Upon the failure to remove said materials, the City may deem them to be abandoned and may enter the site to remove the materials. The property owner(s) of the premises and the operator of the facility shall be liable for the full cost of any such cleanup work done by the City.

L. Service Stations. All service stations shall comply with the provisions of this subsection in addition to the property development standards and the permit procedures for the district in which they are to be located. These provisions shall apply to all new service stations and to all existing service stations at such time as those existing stations may come before the City for an expansion of 25 percent or greater in floor area, or a remodeling, or any other development that would cost more than 50 percent of the value of the improvements on the parcel at the time of remodeling, excluding land value.

1. Minimum Site Size. The minimum parcel size shall be 15,000 square feet.

2. Minimum Street Frontage. Each parcel shall have a minimum street frontage of 100 feet on each abutting street.

3. Setbacks. No building or structure, except canopies as provided below, shall be located within 30 feet of any right-of-way line, or within 20 feet of any interior parcel line.

4. Gasoline Pumps. Gasoline pumps shall be located a minimum of 20 feet from any property line.

5. Canopies. Canopies shall be located a minimum of 10 feet from any property line.

6. Paving. The site shall be entirely paved, except for buildings and landscaping.

7. Access and Circulation.

a) The maximum number of points of ingress/egress to any one street shall be two.

b) There shall be a minimum distance of 30 feet between curb cuts along a street frontage.

c) No driveway may be located closer than 50 feet from a street intersection.

d) Maximum driveway width shall be 35 feet.

Page 18.25-17


e) All parking, loading, circulation aisles, and pump island bay areas shall be constructed with PCC pavement.

8. Walls. Service stations shall be separated from adjacent property which is zoned or used for residential purposes by a decorative masonry wall of not less than 8 feet in height. Materials, textures, colors, and design of all walls shall be compatible with on-site development and adjacent properties. No wall higher than 3 feet in height shall be constructed within 5 feet of a driveway entrance or vehicle accessway which opens onto a street or alley. Walls shall be constructed so as to ensure a clear cross-view of pedestrians on the sidewalk, alley, or elsewhere by motorists entering or exiting the parcel.

9. Landscaping. Landscaping shall be provided pursuant to the provisions of Chapter 18.70, Landscape Requirements, and Chapter 18.75, Water Conservation for Landscaping.

10. Service Bays. Openings of service bays shall not face public rights-of-way and shall be designed to minimize the visual intrusion onto adjoining properties. Access to service bays shall not be located within 50 feet of a residentially zoned property.

11. Air and Water. Each service station shall provide air and water to customers at a convenient location during hours when gasoline is dispensed.

12. Restrooms. Each service station shall provide men's and women's public restrooms which are accessible to the general public and to the physically disabled during all hours the service station is open to the public. Restrooms shall be attached to a structure on-site with entrances or signage clearly visible from the gasoline service area or cashier station, and concealed from view of adjacent properties by planters or decorative screening, and shall be maintained on a regular basis.

13. Telephones. At least one public telephone shall be provided at each service station in a location that is easily visible from public rights-of-way.

14. Vending Machines. Coin-operated vending machines may be permitted within or abutting a structure for the purpose of dispensing items commonly found in service stations, such as refreshments and maps.

15. Lighting. Refer to Subsection 18.120.110.B.7.

16. Abandoned Service Stations.

a) Where service stations become vacant or cease operation for more than 180 days, the owner shall be required to remove all underground storage tanks (in a manner acceptable to all applicable permitting/regulatory agencies), remove all gasoline pumps and pump islands, and remove freestanding canopies.

b) So as to confirm that the use has not been abandoned, the owner shall provide evidence to the Planning Director with written verification prior to the 180th day that an allocation of gas has been received and operation of the station will commence within 30 days of the date of written correspondence.

c) Resumption of service station operations after the 180 days specified above may be permitted by the Planning Director, provided that a development plan review application is filed and approved. Such development plan review may result in conditions of approval which may include but not be limited to the following:

i. Replanting existing landscape areas;

Page 18.25-18


ii. Installing new landscape areas;

iii. Painting of structures;

iv. Upgrading or installing trash enclosures;

v. Striping parking spaces;

vi. Installation of signs in conformance with Chapter 18.50, Sign Regulations;

vii. Resurfacing vehicle access and parking areas; and

viii. Installation of missing street improvements.

17. Converted Service Stations. The conversion of service station structures and sites to another use may require upgrading and remodeling, including but not limited to removal of underground storage tanks (in a manner acceptable to all applicable permitting/regulatory agencies), removal of all gasoline appurtenances, removal of canopies, removal of pump islands, removal of overhead doors, additional landscaping, installation of missing street improvements, or modification of existing improvements to conform to access regulations and exterior remodeling.

M. Vehicle Repair Facilities. Each vehicle repair facility, including those which may be part of and incorporated within an automobile dealership, shall comply with the provisions of this subsection in addition to the development standards and permit procedures of the district in which it is to be located and any other applicable standards contained in this title.

1. Paving. The site shall be entirely paved, except for buildings and landscaping.

2. Service Bays. When practical, entrances to individual service bays shall not face public rights-of-way or abutting residential parcels and shall be designed to minimize the visual intrusion onto adjoining properties. Access to service bays shall not be located within 50 feet of a residentially zoned property.

3. Repair Activities. All repair activities and operations shall be conducted entirely within an enclosed building. Outdoor hoists are prohibited.

4. Enclosure. Repair facilities performing body and fender work or similar noise-generating activities shall be conducted in fully enclosed structures with walls of concrete block or similar materials. All painting shall occur within a fully enclosed booth.

5. Litter. The premises shall be kept in a neat and orderly condition at all times, and all improvements shall be maintained in a condition of reasonable repair and appearance. No used or discarded automotive parts or equipment or permanently disabled, junked, or wrecked vehicles may be stored outside the main building.

6. Storage. Exterior parking areas shall be used for employee and customer parking only, and not for the repair or finishing work or long-term (over one week) storage of vehicles. No vehicles to be repaired shall be parked or stored on any street or in any alley. No outdoor merchandise displays or storage shall be allowed in the parking lot without proper approvals.

N. Warehouse/Wholesale and Industrial Uses. The warehouse/wholesale and/or industrial uses shall be located at the rear of the lot with the retail uses fronting the street.

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A. Access. Every development, structure, or use shall have frontage upon a public street or permanent means of access to a public street by a public or private easement, or a recorded reciprocal access agreement.

1. Arterial Access.

a) Access to an arterial road shall be limited to one point for every 300 feet of frontage or one point for parcels with less than 300 feet of frontage.

b) Combined and/or reciprocal access onto arterials shall be required between adjacent properties, wherever possible, to reduce vehicular access points and increase roadway efficiency.

c) For corner lots, whenever possible, vehicular access points on arterial roadways shall be located a minimum of 300 feet from the centerline of the intersection.

B. Additional Height. Where the maximum permitted height of a new structure exceeds 35 feet, the following provisions shall apply:

1. Enhanced buffering to surrounding properties and the appropriateness of understructure parking shall be evaluated.

2. A visual analysis relating structure proportions, massing, height and setback shall be conducted to preserve and enhance the scenic viewshed.

3. The need and appropriateness of the additional height shall be demonstrated.

4. Compatibility and harmony with surrounding development and land use designations shall be demonstrated.

5. Above 35 feet, additional structural setbacks (step back) may be required.

C. Antennas, Vertical, and Satellite Dish Design Standards. All antennas, including portable units, shall be installed in the following manner:


2. The antennas/satellite dish shall not be located in the following areas:

a) Front setback.


c) On any structure, unless architecturally screened and approved by the Planning Commission. The screening restriction on antennas may be modified by the Commission, if there is no alternative to maintain line of sight clearance for satellites or amateur radio antennas.

3. The maximum overall height for ground- mounted antennas shall be 75 feet above grade.

4. The operation of the antenna/satellite dish shall not cause interference with any electrical equipment in the surrounding neighborhoods (e.g., television, radio, telephone, computer), unless exempted by federal regulation.

Page 18.25-20


5. The antennas/satellite dish shall be a single, nonglossy color (e.g., off-white, cream, beige, green, black, gray).

6. Antennas/satellite dish facilities shall be screened on all sides with a 6-foot block wall, and with a solid gate 6 feet in height providing access to the facility.

7. The antenna/satellite dish shall be sited to ensure compatibility with surrounding development and not adversely impact the neighborhood.

D. Bicycle Facilities. Bicycle facilities shall be provided in accordance with the provisions of Chapter 18.45, Off-Street Parking.

E. Design Considerations. The following standards are in addition to the specific design guidelines contained in the individual land use districts:

1. The proposed development shall be of a quality and character which is consistent with the community design goals and policies including but not limited to scale, height, bulk, materials, cohesiveness, colors, roof pitch, roof eaves, and the preservation of privacy.

2. The design shall improve community appearance by avoiding excessive variety and monotonous repetition. There shall be a breakage of building facade employing the following methods:

a) All structure elevations shall be architecturally treated.

b) Blank walls at the ground floor levels shall be avoided. Windows, trellises, wall articulation, arcades, change in materials, or other features should be utilized.

c) The different parts of a building's facade should be articulated through use of color, arrangement of facade elements, or a change in materials.

d) Building height should be varied so the buildings appear to be divided into distinct massing elements.

e) Vary the planes of the exterior walls in depth and/or direction. Wall planes shall not run in one continuous direction for more than 50 feet without an offset.

f) Tower features should be integrated into buildings.

3. In accordance with the Calimesa General Plan, commercial developments shall be designed to reflect the rural and country atmosphere of Calimesa (using building materials such as exposed heavy timbers, use of rustic or weathered wood, new and used bricks and stone, and the like) while maintaining good planning and design principles and sound development practices.

4. Proposed signage and landscaping shall be an integral architectural feature which does not overwhelm or dominate the structure or property.

5. Architectural or building lighting shall conform to Chapter 18.120, Outdoor Lighting.

6. Mechanical equipment, storage, trash areas, and utilities shall be architecturally screened from public view.

7. With the intent of protecting sensitive land uses, the proposed design shall promote a harmonious and compatible transition in terms of scale and character between areas of different land uses.

8. Parking structures shall be architecturally compatible with the primary and surrounding structures.

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9. Nearly vertical roofs (A-frames) and piecemeal mansard roofs (used on a portion of the structure perimeter only) are prohibited. Mansard roofs, if utilized on commercial structures, shall wrap around the entire structure perimeter.

F. Exterior Building/Structure Walls. The following standards shall apply to all exterior building/structure wall construction:

1. Since walls will always be a main architectural and visual feature in any major development, restraint must be exercised in the number of permissible finish materials. The harmony of materials and particularly color treatment is essential to achieve unity in the project. Graffiti-resistant materials and/or coatings shall be employed.

2. The following designs are deemed unacceptable in any development and therefore shall be prohibited:

a) Nonanodized and unpainted aluminum finished window frames.

b) Metal grills and facades. However, grills and facades of unique design and in keeping with the general decor of the development and neighborhood may be permitted subject to prior approval by the Planning Director.

c) Aluminum or other metal panels are not permitted on the street elevation, unless it can be demonstrated that they are consistent with a structure's overall design character and do not adversely affect the pedestrian environment.

G. Fences and Walls.

1. Fences and walls shall comply with the provisions of Chapter 18.65, Fence, Wall, and Screening Standards, except as specified in Table 18.25.060.

TABLE 18.25.060 FENCE, WALL, AND SCREENING HEIGHT AND TYPE LIMITS – COMMERCIAL ZONE DISTRICTS

Location Maximum Permitted Height a

Front yard or side of street yard 2' 6" – Solid structures or plants

6' – Open work structures or plants b

Abutting residential district 8' – Solid, decorative masonry wall

Other yard area 8'

Outdoor storage areas visible from public rights-of-way (located behind required yards)

12'

Notes: a. The limitations shall not apply in the following instances:

Where a greater height is required by any other provision of the municipal code; or Where a greater height or type of fence, wall or hedge is required as a condition of approval.

b. Open work structures or plants must permit the passage of a minimum of 90 percent of light.

Page 18.25-22


H. Freeway Visibility. All building elevations visible to the freeway shall be architecturally treated.

I. Landscaping. Landscaping and irrigation systems shall comply with the provisions of Chapter 18.70, Landscape Requirements, and Chapter 18.75, Water Conservation for Landscaping.

J. Lighting. Exterior lighting shall conform to Chapter 18.120, Outdoor Lighting.

K. News Racks. News racks and other vending machines shall be located behind sidewalks and out of the public right-of-way.

L. Noise. No loudspeakers, bells, gongs, buzzers, mechanical equipment, or other sounds, or attention-attracting or communication device associated with any use shall be discernible beyond any boundary line of the parcel, except fire protection devices, burglar alarms, and church bells. The following provisions shall apply:

1. In residential areas, no exterior noise level shall exceed 65 dBA and no interior noise level shall exceed 45 dBA.

2. The minimum acceptable surface weight for a noise barrier is 4 pounds per square foot (equivalent to three-quarter-inch plywood). The barrier shall be of a continuous material which is resistant to sound, including:

a) Masonry block.

b) Precast concrete.

c) Earth berm or a combination of earth berm with block concrete.

3. Noise barriers shall interrupt the line of sight between noise source and receiver.

4. Features which incorporate the use of sound to mask intrusive noise, such as water, rustling leaves, music, and the like, shall be considered in project design.

5. The use of loudspeakers shall be limited to background music and reservation announcements only.

M. Public Street Improvements.

1. Any new construction or remodel construction valued at 25 percent or more of the current market assessment of the primary structure shall require the dedication and improvement of public right-of-way for public street purposes. In addition, the property owner shall be required to irrevocably agree to participate in any future assessment district that may be formed to construct public street improvements in accordance with the policies, procedures, and standards of the Public Works Director/City Engineer.

2. Whenever street improvements are required along a parcel as a condition of approval, and the off-site drainage pattern requires it, the entire street section shall be improved in accordance with the policies, procedures and standards of the Public Works Director/City Engineer.

N. Screening. Any equipment, whether on the roof, side of structure, or ground, shall be screened. The method of screening shall be architecturally compatible in terms of materials, color, shape, and size. The screening design shall blend with the building design and include landscaping when on the ground.

O. Solar Energy Design Standards. Passive heating and cooling opportunities shall be incorporated in all developments in the following manner:

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9. Exterior surfaces of the collectors and related equipment shall have a matte finish and shall be color-coordinated to harmonize with roof materials or other dominant colors of the structure. [Ord. 294 §§ 10, 11, 2009; Ord. 95-7 § 2; Code 1990 § 12.4.06.]

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Chapter 18.28 MIXED USE ZONE DISTRICTS

Sections:


18.28.020 Design concept.

18.28.030 Mixed use zone districts.

18.28.040 Use regulations for mixed use districts.

18.28.050 Development standards for mixed use.

18.28.060 Development standards for streets and pedestrian ways.

18.28.070 Conceptual plan review.


The intent of the mixed use districts is to create vibrant, integrated mixed-use environments that include a combination of neighborhood-serving retail, office, and residential uses. Standards encourage the integration of a variety of different use types into the same project site and provide flexibility to allow a variety of activities and mix of tenants within a single building. This chapter establishes appropriate standards to protect the public health, safety, welfare, and aesthetics.

The standards and requirements of this chapter are not to be confused with the mixed-use policies or development standards for the Downtown Business District, which are described in Chapter 18.39, Downtown Business District.

The districts described in this chapter are created in order for the following to be achieved:

A. Allow a range of uses.

B. Establish incentives for mixed-use development that create a public benefit (e.g., workforce housing, daycare facilities, community care facilities, small-scale commercial/service uses).

C. Provide for the flexible integration of different use types independent of property locations.

D. Provide guidance for the types of mixed-use development desired by the City.

E. Ensure that new mixed-use centers are compatible with surrounding neighborhoods.

F. Require a pedestrian-friendly environment.

G. Facilitate smart growth principles to reduce travel between work and residential options.

Page 18.28-1


18.28.020 Design concept.

The design concept for the mixed use districts is intended to provide the following key characteristics:

A. Retail, residential, office, business and personal services, public, and institutional uses in neighborhood-oriented centers in a variety of mixed-use configurations, such as ground-floor commercial with residential or office uses above, or co-location of buildings with different single uses in a contiguous mixed-use area.

B. Development is pedestrian-oriented to enhance street life and to enhance the vibrancy of new and existing neighborhoods.

C. Residential density ranges from 8 to (20 units per gross acre.

D. Buildings are typically a combination of one-, two-, and three-story buildings, with less development intensity adjacent to single-family residential areas.

18.28.030 Mixed use zone districts.

A. Residential Mixed Use (R-MU) Zone. The zone is intended to provide for predominantly residential development at medium to high densities. It allows commercial or office uses to be co-located on the same property either vertically or horizontally. It does not preclude solely residential development within the category, but rather encourages a mixing of uses.

B. Commercial Mixed Use (C-MU) Zone. The zone encourages the integration of retail and service commercial uses with office and/or residential uses. This zone district may also include hospitals and other public/quasi-public uses. Commercial uses shall be the predominant use on the ground floor.

C. Office Mixed Use (O-MU) Zone. The zone encourages the integration of commercial and/or residential use in conjunction with office use of a site. The Office Mixed Use zone may also include hospitals and other public/quasi-public uses. Office uses shall be the predominant use, although others may be included in a vertical and horizontal configuration.

18.28.040 Use regulations for mixed use districts.

Table 18.28.040 provides a list of those uses in the mixed use zone districts, which are permitted (P), are subject to a conditional use permit (C), or are prohibited (X). Prior to development within any mixed use zone district, a concept plan is required, in accordance with Section 18.28.070, Conceptual Plan Review.

TABLE 18.28.040 USES PERMITTED WITHIN MIXED USE DISTRICTS

Use R-MU C-MU O-MU

Commercial Uses

Uses requiring an Alcoholic Beverage Control permit approval a C C C

Ambulance services X C X

Arcades b X C X

Appliance stores and repair (large appliances) X P X

Page 18.28-2


Use R-MU C-MU O-MU

Athletic and health clubs P P P

Auto supply stores X P X

Automobile dealerships X X X

Automobile internet sales (office use only, 2 vehicles or less on display)

X X X

Automotive paint and body X X X

Automotive repair garages, which do not include body and fender shops or spray painting

X X X

Catering services, with food preparation c X P P


• Indoor X P X

• Outdoor X X X

Convenience stores C C C

Department stores X P P

Drive-in/throughs X X X

Feed and tack stores X C C

General retail P P P

General service P P P

Hotels and motels C P P

Internet cafes P P P

Liquor stores X C C

Medical marijuana distribution facilities and mobile medical marijuana dispensaries

X X X

Mortuaries X C C

Movie theaters C P P

Paint stores C P P

Pawnshops C C C

Personal services, including massage, tattooing, and piercing C C C

Pet grooming C C C

Pet shops and pet supply shops C C C

Plumbing shops and supplies X P P

Printers or publishers C P P

Page 18.28-3


Use R-MU C-MU O-MU

Produce markets P P C

Restaurants and other eating establishments

• With entertainment C C C

• Without entertainment P P P

Service stations X X X

Smoke shops and hookah lounges, including vapor and e-cigarettes C P C

Sporting goods stores X P P

Swimming pool supplies X P P

Swimming pool sales/service (outdoor display) X X X

Tire sales and service X X X

Upholstery shops X X X

Veterinary offices and animal hospitals with exterior kennels, pens, or runs

X X X

Veterinary offices and animal hospitals with interior kennels, pens, or runs only

X P X

Office Uses

Bail bonds offices X P P

Check cashing/payday loan services X P P

Financial services and institutions (excludes check cashing and payday loan services)

P P P

Professional offices P P P

Self-storage facilities X X X

Social service offices X X X

Public/Quasi-Public Uses

Auditoriums X C C

Churches and other religious institutions C C C

Convalescent homes C C X

Cultural center/performing arts theaters X C C

Day care facilities, preschools, nursery schools, or community care facilities

C C C

Educational institutions (private) C C C

Fire and police stations P P P

Government offices (e.g., City Hall, Community Center) X P P

Page 18.28-4


Use R-MU C-MU O-MU


C C C

Parking, surface or garage P P P

Parks and recreation facilities (public or private) P P P

Post offices P P P

Public libraries and museums P P P


C P P

Wireless communication facilities C C C

Residential Uses

Apartments/flats P X X

Bed and breakfast inns C C C

Guest houses P X X

Live-work units d P P P

Multifamily dwellings P P P

Second dwelling units P X X

Single-family attached P C C

Single-family detached P C C

Townhomes attached P C C

Temporary Uses Subject to the provisions of Section 18.15.130,

Temporary Use Permits.


Subject to the provisions of Section 18.15.180,




Notes: a. Subject to the provisions of Subsection18.25.050.B, Alcohol Beverage Control “ABC” License. b. Subject to the provisions of Subsection 18.25.050.C,Arcades. c. Without food preparation, use is considered general retail. d. Subject to the provisions of Subsection 18.39.100.D, Live-Work Units..

Page 18.28-5


18.28.050 Development standards for mixed use.

A. The following property development standards shall apply to all development projects and permitted or conditionally permitted uses located within their respective mixed use zone districts.

1. Land Use Mix.

a) Each district shall meet the land use mix percentages as specified in Table 18.28.050-1.

TABLE 18.28.050-1 LAND USE MIX

Land Use Type R-MU C-MU O-MU

Min. Max. Min. Max. Min. Max.

Residential 50% 100% 0% 50% 0% 50%

Commercial 0% 50% 50% 90% 0% 30%

Office 0% 50% 0% 30% 50% 90%

Public/Quasi-Public Uses 0% 10% 0% 20% 0% 30%

b) Land use mix percentages may be transferred within the concept plan area, regardless of the underlying zone district. To determine acreage minimums and maximums for each land use type for the concept plan area, acreage minimums and maximums for each individual parcel shall be determined.

2. Building Placement. Each proposed structure shall comply with the build-to line, setback, and buildable area requirements listed in Table 18.28.050-2 and shown in Figure 18.28.050-1. Setbacks and build-to lines shall be measured from the back of the property line when along a public street or from a sidewalk when along an internal, private drive.

Page 18.28-6


TABLE 18.28.050-2 BUILDING PLACEMENT

Development Standard a R-MU C-MU O-MU

Build-to Line b

Front

Minimum 0’ 0’ 0’

Maximum 10’ c 10’ c 10’ c

Street Side, corner lot b

Minimum 0’ c 0’ c 0’ c

Maximum 10' 10’ 10’

Side 0’ 0’ 0’

Rear

Adjacent to residential property 10’ d 10’ d 10’ d

Adjacent to nonresidential property 10’ 10’ 10’

Adjacent to alley 10’ d 10’ d 10’ d

Minimum Building Frontage

Primary street 50% 50% 50%

Secondary street 40% 40% 40% Notes: a. Additional setbacks may be provided through regulating plan approval to allow for

the creation of pedestrian plazas. b. Buildings, including awnings, arcades, galleries, and other architectural features,

are allowed to encroach over and into sidewalks that are not part of the public right-of-way, provided a minimum 4 foot clear walk path is provided.

c. The building façade along a street may be recessed to create inviting pedestrian spaces such as entries, courtyards, and patios.

d. Residential dwellings may be developed with no side yard setback and no alley setback as part of entitlement review.

Page 18.28-7


FIGURE 18.28.050-1 BUILDING PLACEMENT

Page 18.28-8


3. Height. Height standards for development within the mixed use zone districts are listed in Table 18.28.050-3 and shown in Figure 18.28.050-2.

TABLE 18.28.050-3 HEIGHT

Development Standard R-MU C-MU O-MU

General Height Standards

Structure height 25’ max. 25’ max. 25’ max.

First-floor ceiling height 9’ min. 9’ min. 9’ min.

Upper-floor(s) ceiling height 9’ min. 9’ min. 9’ min.

Architectural Features (additional height)

Parapet wall/mechanical screen 4’ max. 4’ max. 4’ max.

Towers, spires, and similar features 10' max. 10’ max. 10’ max.

FIGURE 18.28.050-2 HEIGHT

4. Parking. Parking in mixed use districts is meant to be shared among all properties and uses within the district. The intent is to allow people the opportunity to park once and then travel by foot between the various uses within the district. Parking in mixed use districts shall be provided through a combination of parking lots behind buildings and on-street parking spaces along internal main streets and minor streets.

Page 18.28-9


a) On-Street Parking Standards. On-street parking shall be developed consistent with the standards identified in Subsection 18.28.050.A.5, Connectivity and Circulation.

b) Parking Lot Standards. Parking lots (off-street parking) shall be developed consistent with the standards listed in Table 18.28.050-4 and Figure 18.28.050-3. In addition to these standards, parking lots shall be lighted and landscaped consistent with the standards in Chapter 18.120, Outdoor Lighting, and Chapter 18.70, Landscape Requirements. Parking stall dimensions shall be consistent with the standards of Subsection 18.45.100.B, Dimensions of Parking Spaces.

TABLE 18.28.050-4 PARKING LOTS

Development Standard R-MU C-MU O-MU

Location of Parking Lot

Between building and main street

Not Allowed

Not Allowed

Not Allowed

Between building and drive aisles Allowed Allowed Allowed

Setbacks

Setback to side property line 0’ min. 0’ min. 0’ min.

Setback to minor street 10’ min. a 10’ min. a 10’ min. a

Setback to rear property line 0’ min. 0’ min. 0’ min.

Parking Lot Design

Driveway width 24’ max. b 24’ max. b 24’ max. b

Drive aisle width and stall dimensions

See Chapter

18.45

See Chapter

18.45

See Chapter

18.45 Notes: a. Intent is to allow space for pedestrian path and landscape screening

between the street and parking lot. b. A greater or lesser width may be required as determined by Public

Works as part of entitlement review.

Page 18.28-10


FIGURE 18.28.050-3 PARKING LOT LOCATION

c) Number of Required Parking Spaces. The number of parking spaces required for mixed-use centers shall be based on the standards listed in Chapter 18.39, Downtown Business District. The required parking shall be calculated based on the range of uses developed within the center by type of use during the peak parking period.

d) Location of Parking Spaces. The parking required for each individual use need not be provided on the same parcel or immediately adjacent to the use generating the required parking. Rather, the required parking just needs to be provided somewhere within the center.

Page 18.28-11


FIGURE 18.28.050-4 SHARED PARKING CONCEPT

Page 18.28-12


5. Connectivity and Circulation. In keeping with the design concept for mixed use development (see Section 18.28.020, Design Concept), mixed use districts shall be developed with an internal set of streets, drive aisles, and other similar paths that divide the sites into smaller blocks. These smaller blocks, when designed correctly, promote pedestrian mobility. To that end, mixed use districts are subject to the connectivity requirement in Table 18.28.050-4. The intent is to achieve these requirements through the implementation of the regulating plan established for each mixed use district (see Section 18.28.070, Conceptual Plan Review). The standards listed in Table 18.28.050-5 are illustrated using a variety of development types in Figure 18.28.050-5. A new regulating plan shall be created or updated prior to development within each mixed use district.

TABLE 18.28.050-5 CONNECTIVITY REQUIREMENTS

Development Standard Measurement

Block length 800’ max.

Block perimeter 3,000’ max.

Distance between pedestrian paths (e.g., paseo) 400’ max.

Page 18.28-13


FIGURE 18.28.050-5 CONNECTIVITY

Page 18.28-14


a) Street System. Access to each mixed-use center is generally provided through public arterial and collector streets. While these streets are ideal for bringing people to the centers, they are designed first and foremost for vehicles, allowing high volumes of traffic at higher speeds (35+ miles per hour). This design is not conducive to pedestrian activity. As such, each mixed-use center, as part of the regulating plan, shall establish an internal system of streets that connect to the city street system at appropriate locations. These internal streets may be public (street) or private (drive aisle); however, the City encourages these streets to be private because this provides greater design flexibility in terms of roadway width and design.

Internal streets shall be based on the following roadway hierarchy and consistent with the development standards listed in Section 18.28.060, Development Standards for Streets and Pedestrian Ways.

i. Main Street. A “main street,” or “main way,” is a drive aisle or street that functions as a major vehicular pathway through a site. This street features active pedestrian spaces with wide sidewalks (greater than 8 feet). Buildings are constructed directly adjacent to the sidewalk (e.g., 0 foot built-to line). On-street parking is provided within the pavement area and is typically angled such that vehicles can only pull into spaces directly in front of them on the passenger side of the vehicle. The sidewalk is lined with street trees in tree wells near the curb. Intersections may be controlled with stop signs when warrants support such controls.

ii. Drive Aisle. A drive aisle is a vehicular pathway that provides access from the public street system or on-site private main street(s) to the parking areas of the project.

iii. Alley. Alleys are narrow roads that provide access to utility areas. These roads are intended for large deliveries and trash collection and are not meant as pedestrian areas. Alleys do not provide parking (but may provide access to parking).

b) Pedestrian Ways. Pedestrian ways in mixed-use centers are generally broken down into two categories: sidewalks and other pedestrian paths. Each shall comply with the following standards:

i. Sidewalks. Sidewalks are a critical element of the on-site circulation system providing pathways for pedestrians. Generally, on-site sidewalks shall function as logical extensions of the public sidewalk. Every internal street or drive aisle shall include a sidewalk between the roadway and the adjacent building. Exceptions shall be granted through regulating plan approval for alleys and areas where pedestrians should not be. Sidewalks shall be designed consistent with the standards listed in Section 18.28.060, Development Standards for Streets and Pedestrian Ways.

ii. Other Pedestrian Paths. As identified in Table 18.28.050-4, additional pedestrian paths shall be provided between block ends within mixed use districts. These paths shall comply with the following standards:

B. Pedestrian paths between buildings shall be a minimum of 10 feet wide with a minimum paved area of 5 feet.

C. Where walls and/or landscaping is used to screen parking areas, breaks shall be provided at least every 60 feet to provide pedestrian access from the parking area to the sidewalk. The minimum paved width for these areas shall be 3 feet.

Page 18.28-15


D. Pedestrian paths shall be designed with features such as enhanced paving, trellis structures, and additional landscaping or lighting to distinguish paths from the sidewalk.

E. Hardscape materials used in pedestrian-oriented spaces such as plazas, paths, and sidewalks shall be attractive, durable, slip-resistant, of high quality, and compatible in color and pattern with a project’s design. Surfaces in pedestrian circulation areas shall be constructed from materials that provide a hard, stable surface and that permit maneuverability for people of all abilities.

F. Pedestrian pathways crossing a vehicle drive, loading area, or parking area shall be made identifiable by the use of an alternative hardscape material such as pavers or patterned, stamped, or colored concrete.

G. The primary hardscape materials used for pedestrian spaces shall be high-quality poured-in-place concrete.

H. Signs. Signs in the mixed use districts shall comply with Chapter 18.50, Sign Regulations, of this title.

18.28.060 Development standards for streets and pedestrian ways

A. Each of the three street typologies shall be developed consistent with the following standards.

Page 18.28-16


Main Street

Dimensions

Component Measurement

Sidewalk

Total width 12' to 24'

Minimum clear space 4'

Tree planters

Planter size 5' x 5'

Planter spacing 30' on center

Parking (angled)

Stall width 9' to 10'

Stall to curb 19' to 20.5'

Angle 45⁰

Travel lanes

Number of lanes 2

Lane width 11'

Curb and gutter 2'

Paved width 56' to 60'

Total right-of-way (building face to building face)

80'

Page 18.28-17


Drive Aisle

Dimensions


Travel lanes

Number of lanes 2

Lane width 12'

Total right-of-way 24'

Page 18.28-18


Alley

Dimensions


Travel lanes

Number of lanes 1

Lane width 25' to 45'

Paved width 25' to 45'

Total right-of-way 25' to 45'

Page 18.28-19


B. Pedestrian Spaces and Ways. This section identifies the development standards for the public areas of mixed-use centers, more specifically the streets, alleys, and other pedestrian ways. The intent of this section is to identify how the public spaces shall be developed and maintained in order to promote an active pedestrian environment.

1. Required Pedestrian Spaces. Every mixed use district shall include one or more outdoor gathering spaces. Public space shall occupy at minimum 5 percent of the gross area of each mixed-use center.

2. Required Amenities. The following amenities shall be provided within all pedestrian spaces:

a) Seating. Seating shall be provided throughout the center at a ratio of 1 linear foot of seating area per 30 square feet of pedestrian space. Seating should be provided in a variety of types and configurations and able to accommodate solitary and social activities, such as moveable seating, fixed individual seating, fixed benches (with and without backs), and seating integrated into architectural features. Seating shall be smooth with even surfaces and curved edges. Seating shall conform to crime prevention standards, such as “open seating” that inhibits vandalism (e.g., spray paint, skateboarding). Bench seating shall be designed to prohibit sleeping, such as including armrests or other obstructions.

b) Drinking Fountains. One drinking fountain shall be provided for every 10,000 square feet of public space.

c) Trash Receptacles. One trash receptacle shall be provided for every 2,000 square feet of public space. Spaces that include outdoor dining shall provide an additional trash receptacle for every 1,500 square feet of dining space. Trash receptacles shall have a capacity of at least 25 gallons and feature top and/or side openings of at least 12 inches. The City recommends that receptacles be located within 50 feet of all seating areas.

C. Standards for Pedestrian Spaces. All pedestrian spaces shall comply with the following standards:

1. Landscaping. Landscaping in pedestrian spaces shall be consistent with the requirements of Chapter 18.70, Landscape Requirements.

2. Lighting. Pedestrian spaces shall be illuminated for safety and to complement the architecture of the space. Lighting shall be consistent with the standards of Chapter 18.120, Outdoor Lighting.

3. Electrical Power. Pedestrian spaces shall be serviced with at least two electrical outlets for every 2,000 square feet of public space. The intent is to provide adequate power for temporary uses and activities and to facilitate proper maintenance.

4. Materials. Materials used in pedestrian-oriented spaces shall be attractive, durable, slip-resistant, of high quality, and compatible in color and pattern with a project’s design. Surfaces in pedestrian circulation areas shall be constructed from materials that provide a hard, stable surface and that permit comfortable maneuverability for people of all abilities. Wherever a pathway crosses a drive aisle, loading area, or parking area, the pathway shall be made identifiable by the use of one of the following: elevation changes, changes in paving materials, and/or the use of colors.

Page 18.28-20


5. Sidewalks and the Clear Walk Space. The width of a sidewalk shall extend from the face of the curb backward toward a building’s facade. The width of the sidewalk shall be as established in Subsection 18.28.050.A.5, Connectivity and Circulation. All sidewalks shall include a clear walk space that is a minimum 4 feet wide. This clear walk space shall be free of obstructions at all times. See Figure 18.28.060-1.

FIGURE 18.28.060-1 CLEAR WALK SPACE

18.28.070 Conceptual plan review.

A conceptual plan is required for all new development and redevelopment within a designated mixed use district.

A. Conceptual Plan Purpose. The intent of the conceptual plan is to illustrate key components of each mixed-use center. The conceptual plan should include information on the private realm (development standards, building prototypes, and frontage types) and the design of the public realm (street typologies). The conceptual plan shall describe the conceptual configuration of land uses, the on-site circulation system, and the relationship to adjacent properties and uses for the center. The purpose is to develop each mixed-use center in an integrated fashion with connected streets, an integrated pedestrian system, and common parking areas. It is not meant to lock landowners into a set development pattern or restrict the types or range of uses that are allowed on a given property. Rather, its focus is on planning for and providing integrated access across properties for efficient and cohesive operations and placement of proposed use appropriately based on existing surrounding development.

B. Conceptual Plan Components. A conceptual plan shall be established for a mixed use district prior to or in conjunction with approval of the first tentative subdivision or parcel map or development plan review within the district. The plan shall be created by the project proponent and submitted to the City for review and approval (see Subsection 18.28.070.C, Conceptual Plan Approval and Modification).

Page 18.28-21


Each conceptual plan shall specifically include the following written and graphic components. Figure 18.28.070-1 illustrates a prototype conceptual plan graphic.

1. Location of any new streets and pedestrian ways.

2. Location of any plazas and other types of open space.

3. Location of storefront frontage along key pedestrian paths.

4. Location of storefront frontage along streets.

5. Anticipated vehicular and pedestrian connections within the entire mixed use district as well as connections to adjacent properties.

6. Location of any common parking facilities (individual parking lots are discouraged in the mixed use district).

7. Location of any transit/bus stop.

8. A written description of how the conceptual plan achieves the development standards within this chapter.

C. Conceptual Plan Approval and Modification. A conceptual plan shall be reviewed and approved by the City through a minor development review (see Section 18.90.030, Minor Development Plan Review). The plan shall be prepared by the applicant consistent with the requirements of this chapter and submitted to the planning department for review. As part of the submittal, the applicant shall demonstrate that they have provided a copy of the draft plan to other owner(s) of property within the district for review and provide copies of their comments (if any) to the City.

After approval of the conceptual plan, the plan may be modified through an amendment to the minor development review. The amendment may be prepared by any land owner within the mixed use district or by the City.

The City may, at its discretion, provide assistance to property owners with the preparation of the conceptual plan prior to submittal of subsequent application for development of the site.

D. Development Proposal Process. After approval of the conceptual plan, subsequent planning permits and entitlements and other approvals may be issued. Figure 18.28.070-2 illustrates the process for review and approval of development in a mixed-use center.

Page 18.28-22


FIGURE 18.28.070-1 CONCEPTUAL PLAN PROTOTYPE

Page 18.28-23


FIGURE 18.28.070-2 DEVELOPMENT PROPOSAL PROCESS FOR MIXED-USE CENTERS

Page 18.28-24


Chapter 18.30 INDUSTRIAL ZONE DISTRICTS

Sections:


18.30.020 Industrial zone districts.

18.30.030 Use regulations for industrial districts.

18.30.040 Industrial development standards.

18.30.050 Performance standards.

18.30.060 Specific development standards for industrial districts.

18.30.070 Adult-oriented businesses.


18.30.090 Architectural review committee.

18.30.100 Specific development standards for self-storage warehouses.


The purpose of the industrial zone districts is to achieve the following:

A. Provide appropriate industrial areas to accommodate enterprises engaged in the manufacturing, processing, creating, repairing, renovating, painting, cleaning, or assembling of goods, merchandise, or equipment.

B. Provide adequate space to meet the needs of industrial development, including off-street parking and loading.

C. Promote high standards of site planning and landscape design for industrial developments within the city.

D. Promote a mix of industrial uses that provide the city with a sound, diverse industrial base.

E. Ensure compatibility with adjacent land uses. [Ord. 95-7 § 2; Code 1990 § 12.5.01.]

18.30.020 Industrial zone districts.

A. Light Industrial (L-I) Zone. The zone is intended to accommodate industrial and other activities such as low-intensity packing, manufacturing, assembly of nonhazardous products and materials, limited retail sales and services related to or supportive of manufacturing activities and employees, churches, educational facilities, including public or private vocational schools (but excluding day care facilities and preschools), and certain public assembly uses. The regulations and development standards set forth within this zone are deemed necessary to provide an environment for desirable

Page 18.30-1


and efficient use of land and to provide proper measures to protect compatibility with other land uses.

B. Business Park (B-P) Zone. The zone is intended to provide uses such as business and professional offices, light manufacturing, storage, warehousing/distribution, wholesaling, small-scale warehouse retail, service commercial services, public uses, churches, educational facilities, including public or private vocational schools (but excluding day care facilities and preschools), and certain public assembly uses. Retail and commercial service uses shall not exceed 25 percent of the gross floor area. [Ord. 285 § 6, 2009; Ord. 95-7 § 2; Code 1990 § 12.5.02.]

18.30.030 Use regulations for industrial districts.

Table 18.30.030 identifies those uses and activities which may be permitted in the industrial zone districts subject to the provisions of this title and applicable General Plan policies, and those uses and activities which are not permitted. Table 18.30.030 also indicates the development procedure and the approval type by which each listed use or activity may be permitted in each of the industrial zone districts. A minor development plan or major development plan may be required in accordance with Chapter 18.90, Development Plan Review.

TABLE 18.30.030 USES PERMITTED WITHIN INDUSTRIAL DISTRICTS

Use L-I B-P

A. Processing and Fabrication

Chemicals P P

Clay P P

Electrical P P

Food products P P

Glass P P

Leather P P

Lumber and wood products P P

Machinery P P

Metals P P

Paper P P

Plastics P P

Rubber P P

Stone P P

Textiles P P

Page 18.30-2


Use L-I B-P

B. Storage/Wholesale Trades

Distribution center, including catalog sales distribution CC CC

Equipment rental, storage and sales P X

Lumber yard, contractor yard, nonhazardous materials storage yard, and building material yard

P X

Mini-warehousing, self-storage a P C

Recreational vehicle storage P X

Transportation/trucking yards, stations, terminals CC X

Vehicle storage yards, inclusive of towing yards P X

Warehousing/distribution CC CC

C. Services

Auto body repair and painting C X

Automobile or truck assembly C X

Automotive services and garages, inclusive of car washes P X

Distributors, showrooms, and administrative offices P P

Fuel dispensing services P P

Laboratories, inclusive of medical, chemical, dental, optical P P

Laundry, dry cleaning, and cleaning plants P P

Printing/blueprint/photography studios and laboratories P P

Research and development P P

Services that are more industrial in nature (e.g., pest control, carpet cleaners) P P

Incidental retailing when part of a permitted use of this section P P

D. Manufacturing

Asphalt and asphalt product manufacture and storage C X

Bakery/food preparation P C

Bottling plants P C

Carpenter and cabinet shops P C

Cement, lime, gypsum, plaster manufacturing or processing C X

Concrete batch plant C X

Electronics: electrical and related parts; electrical appliances, motors, and devices; radio, television, and phonograph

P P

Fertilizer processing and manufacture C X

Page 18.30-3


Use L-I B-P

Furniture upholstering P P

Instruments: electronic and precision; medical and dental; timing and measuring P P

Metal casting, foundries, or rolling or drawing mills C X

Packing houses P X

Paint manufacturing C X

Pharmaceuticals: cosmetics, drugs, perfumes, toiletries and soap (not including refining or rendering of fats or oils)

P P

E. Public/Quasi-Public Uses

Bus, rail, and taxi stations C C

Churches and other religious institutions X C

Educational facilities (including public or private vocational schools) X C

Fire and police facilities P P

Postal services P P

Public administration buildings and civic center P P

Public utility services offices X P

F. Office and Related Uses

Financial services and institutions X P

Professional office P P

G. Miscellaneous

Adult entertainment b X P

Animal hospital/veterinary office C X

Brewery, microbrewery, distillery, or winery C C


• Indoor C C

• Outdoor C X

Kennel/animal shelter C X

Public assembly c

• Occupancy of up to 20 total persons P P

• Occupancy of 21 or more persons or use not meeting parking requirements C C

Refuse disposal operations C X

Tire recapping or retreading C X

Page 18.30-4


Use L-I B-P

Restaurants C C

H. Accessory Uses

Watchman's or caretaker's living quarters, only when incidental to and on the same site as a permitted or conditionally permitted use (where 24-hour surveillance is required)

P P

Temporary Uses Subject to the provisions of

Section 18.15.130,



Subject to the provisions of

Section 18.15.180,


Legend: P — Permitted

C – Subject to conditional use permit CC – Subject to City Council-approved conditional use permit d

X – Prohibited Notes: a. Subject to the development standards of Section 18.30.100, Specific Development Standards for Self-Storage Warehouses. b. Subject to the provisions of Section 18.30.070, Adult-Oriented Businesses. c. Public assembly uses are those in which people gather for social or recreational activities and may include but are not limited

to facilities for gymnastic classes, martial arts studios, yoga classes, craft and hobby classes, indoor batting cages, etc. For occupancies of 21 or more persons or uses lacking in parking, the Planning Commission shall consider the appropriateness of the use as part of the CUP process and with respect to the adequacy of off-street parking, including shared parking (without a separate variance application), the building occupancy requirements for the proposed use, and other impacts of the use on surrounding properties and neighborhood.

d. This use requires issuance of a conditional use permit approved by the City Council, following the recommendation of the Planning Commission.

[Ord. 286 § 7, 2009; Ord. 285 § 7, 2009; Ord. 257 § 2, 2007; Ord. 98-5 § 1; Ord. 95-7 § 2; Code 1990 § 12.5.03.]

18.30.040 Industrial development standards.

A. Table 18.30.040 provides the minimum site development standards applicable to proposed and existing development in all industrial zone districts.

1. A development of a business park may, for the purposes of meeting the minimum site size standards, consist of a combination of parcels whose total net acreage meets the minimum site size criteria, provided that the design for the entire site is integrated and unified.

Page 18.30-5


2. In addition to the minimum development standards established in Table 18.30.040, developments within the industrial zone districts shall comply with the provisions of Section 18.30.050, Performance Standards, and other applicable City regulations and ordinances and the City's General Plan.

TABLE 18.30.040 INDUSTRIAL DEVELOPMENT STANDARDS

Standard L-I B-P

Minimum site area (net) 20,000 sq. ft. 1 ac.

Street setback a a

Side street setback(s) b b

Side yard setback c c

Rear yard setback d d

Maximum floor area ratio 0.50 0.50

Maximum height for buildings and structures 3 stories or 50'

s.f. = square feet Notes: a. There shall be a street setback according to the street classification as set forth in the General Plan as follows:

1. Collector and Local. a. Building Setback. Buildings and structures shall be located no closer than 15 feet of the property line adjacent to the

public right-of-way. All setback areas shall be landscaped. b. Parking Setback. Parking areas shall be located no closer than 10 feet of the property line adjacent to the public right-

of-way. All setback areas shall be landscaped. c. Landscape Setback. Building and parking setback areas shall be landscaped in accordance with the provisions of

Chapter 18.70, Landscape Requirements. d. Storage Setback. All storage of materials and display areas fenced and screened, in accordance with this chapter, shall

be located no closer than 15 feet of the property line adjacent to the public right-of-way from which primary access for the site is obtained. A 10-foot setback may be permissible for storage, if the building for the use is fenced within the storage area.

2. Major and Secondary Arterials. a. Building Setback. Buildings and structures shall be located no closer than 20 feet of the property line adjacent to the

public right-of-way. All setback areas shall be landscaped. b. Parking Setback. Parking areas shall be located no closer than 10 feet of the property line adjacent to the public right-

of-way. All setback areas shall be landscaped. c. Landscape Setback. Building and parking setback areas shall be landscaped in accordance with the provisions of

Chapter 18.70, Landscape Requirements. d. Storage Setback. All storage of materials and display areas fenced and screened, in accordance with this chapter, shall

be located no closer than 20 feet of the property line adjacent to the public right-of-way from which primary access for the site is obtained. A 10-foot setback may be permissible for storage, if the building for the use is fenced within the storage area.

3. Freeway. a. Building Setback. Buildings and structures shall be located no closer than 20 feet of the property line adjacent to the

public right-of-way. All setback areas shall be landscaped.

Page 18.30-6


b. Parking Setback. Parking areas shall be located no closer than 20 feet of the property line adjacent to the public right-of-way. All setback areas shall be landscaped.

c. Landscape Setback. Building and parking setback areas shall be landscaped in accordance with the provisions of Chapter 18.70, Landscape Requirements.

d. Storage Setback. All storage of materials and display areas fenced and screened, in accordance with this chapter, shall be located no closer than 20 feet of the property line adjacent to the public right-of-way from which primary access for the site is obtained. A 10-foot setback may be permissible for storage, if the building for the use is fenced within the storage area.

b. Setbacks for side streets shall be as follows for all street classifications: 1. Building Setback. Buildings and structures shall be located no closer than 10 feet of the property line adjacent to the

public right-of-way. All setback areas shall be landscaped. 2. Parking Setback. Parking areas shall be located no closer than 10 feet of the property line adjacent to the public right-

of-way. All setback areas shall be landscaped. 3. Landscape Setback. Building and parking setback areas shall be landscaped in accordance with the provisions of

Chapter 18.70, Landscape Requirements. 4. Storage Setback. All storage of materials and display areas fenced and screened, in accordance with this chapter, shall

be located no closer than 5 feet of the property line adjacent to the public right-of-way from which primary access for the site is not obtained.

c. Side Yard Setback. There shall be no required side yard except where the property adjoins a parcel zoned or shown on the General Plan Land Use Map for residential use, in which case a minimum building setback of 30 feet shall be maintained and a buffer of landscaping shall be placed adjacent to the property line in accordance with the provisions of Subsection 18.70.140A.

d. Rear Yard Setback. There shall be no required rear yard except where the property adjoins a parcel zoned or shown on the General Plan Land Use Map for residential use, in which case a minimum building setback of 30 feet shall be maintained and a buffer of landscaping shall be placed adjacent to the property line in accordance with the provisions of Subsection 18.70.140.A.

B. The following standards shall apply to development in all industrial districts, except as otherwise provided in this title:

1. All uses shall be subject to development plan review or conditional use permit approval.

2. Retail sales and service incidental to a principally permitted use are allowable, provided that the following standards are met:

a) The operations are contained within the main structure which houses the primary use;

b) Retail sales occupy no more than 15 percent of the total building square footage;

c) No retail sales or display of merchandise occur(s) outside the structure(s); and

d) All products offered for retail sales on the site are manufactured, warehoused, or assembled on the premises.

3. Outside storage shall be confined to the rear of the principal structure(s) or the rear two-thirds of the site, whichever is the more restrictive setback, and screened from public view from any adjoining properties and public rights-of-way by appropriate walls, fencing, and landscaping.

4. An intensity bonus of up to 12 square feet for each 1 square foot of permanent space for properly designed and administered day care facilities may be approved by the review authority.

5. Every parcel with a structure shall have a trash receptacle on the premises. The trash receptacle shall comply with adopted Public Works Department standards, pursuant to Chapter 8.35, and be of a sufficient size to accommodate the trash generated.

Page 18.30-7


6. The City may require the preparation of market feasibility studies demonstrating the economic viability of the proposed development prior to or concurrently with a development application. [Ord. 95-7 § 2; Code 1990 § 12.5.04.]

18.30.050 Performance standards.

All uses in the industrial zone districts shall comply with the following performance standards:

A. Noise. No use shall be permitted which exceeds the sound levels permitted by Chapter 8.15.

B. Electrical Disturbance. Devices which radiate radio frequency energy shall be so operated as not to cause interference with any activity carried on beyond the boundary line of the parcel upon which the device is located. The term "radio frequency energy" as used herein shall mean the electromagnetic energy at any frequency in the radio spectrum between 10 kilocycles and 3,000,000 megacycles.

C. Radioactivity. The use of radioactive materials shall be limited to measuring, gauging, and calibration devices. No use shall emit dangerous radioactivity. No cleaning of radioactive materials, equipment, or devices shall be permitted.

D. Fire and Explosion Hazards. All activities involving flammable or explosive materials and all storage of such materials shall be provided with adequate safety devices against the hazard of fire and explosion. Adequate firefighting and fire suppression equipment shall be available within response times defined by the Fire Department.

E. Vibration. Every use shall be so operated that ground vibration inherently and recurrently generated is not perceptible without instruments by a reasonable person standing on any boundary line of the lot on which the use is located.

F. Smoke, Dust, Fumes, and Other Particulate Emissions. Said emission levels shall comply with the standards of the South Coast Air Quality Management District.

G. Odors. Odors shall not be in such quantities as to be offensive to a reasonable person standing anywhere outside the boundaries of the parcel from which said odors emanate.

H. Emission of Heat and Glare. Every use shall be so operated that it does not emit heat or glare in such quantity or degree as to be readily detectable by a reasonable person standing beyond any boundary line of the parcel from which said heat or glare emanates. [Ord. 95-7 § 2; Code 1990 § 12.5.05.]

18.30.060 Specific development standards for industrial districts.

A. Accessory Structures. Accessory structures are subject to the same level of review as the main structure, e.g., development plan review or conditional use permit review. An accessory structure shall be compatible with the architectural style and materials of the main building on the property. Permitted accessory structures shall maintain the yard requirements of the underlying zone and shall not be closer than 10 feet to any other structure.

B. Where the accessory structure is attached to a main building by means of a common foundation, wall, roof, or other means of attachment, it shall be considered a portion of the main building and shall comply with all the regulations applicable to that zone.

C. See Section 18.30.070, Adult-Oriented Businesses.

Page 18.30-8


D. Density Bonus. A density bonus may be granted to a developer of an industrial project when the developer agrees to set aside floor area for a child care facility in accordance with Government Code Section 65917.5 for the express use of employees within the project. [Ord. 95-7 § 2; Code 1990 § 12.5.06.]

18.30.070 Adult-oriented businesses.

A. The purpose of this section is to mitigate the adverse secondary effects that can be generated by the unregulated operation of adult-oriented businesses. Prior to enacting this section, the City Council considered studies that persuasively demonstrate these adverse secondary effects include, without limitation, depreciation of property values; increased criminal activity, litter, noise, and vacancy rates; and interference with the enjoyment of property in the vicinity of such businesses.

B. Definitions set forth in Section 5.25.020 shall apply to this section. The term "church," as used in this section, shall mean property that is used primarily for religious worship and related religious activities.

C. Adult-oriented businesses shall comply with the following location standards:

1. The business shall be located in the business park zone.

2. The business shall not be located within 500 feet of any existing adult-oriented business. An adult-oriented business shall be considered "existing" if either:

a) It is currently operating;

b) A regulatory permit has been issued for the business but it has not commenced operating; or

c) A regulatory permit has been issued for the business but it is not operating due to a suspension of such permit.

3. The business shall not be located within 1,000 feet of any existing residence, park, church, or school. A residence, park, church, or school shall be considered "existing" if either:

a) It is currently in use;

b) A certificate of occupancy or building permit has been issued for it but such use has not commenced; or

c) It is designated in an approved and unexpired tentative tract map.

4. The distances specified in this section shall be measured in a straight line, without regard for intervening structures, from any public entrance of the adult-oriented business to the property line of the property so used at the time of submission of the regulatory permit application. [Ord. 233 § 7, 2005; Ord. 96-9.1 § 2; Code 1990 § 12.5.06(b).]


A. Access. Every development, structure, or use shall have frontage upon a public street or permanent means of access to a public street by way of a public or private easement, or a recorded reciprocal access agreement.

1. Arterial Access.

Page 18.30-9


a) Access to an arterial road shall be limited to one point for every 300 feet of frontage or one point for parcels with less than 300 feet of frontage.

b) Combined and/or reciprocal access onto arterials shall be required between adjacent properties, wherever possible, to reduce vehicular access points and increase roadway efficiency.

c) For corner lots, whenever possible, vehicular access points on arterial roadways shall be located a minimum of 300 feet from the centerline of the intersection.

B. Antennas, Vertical, and Satellite Dish Design Standards. All antennas, including portable units, shall be installed in the following manner:


2. The antenna/satellite dish shall not be located in the following areas:

a) Front setback.


c) On any structure, unless architecturally screened and approved by the Planning Commission. The screening restriction on antennas may be modified by the Commission, if there is no alternative to maintain line of sight clearance for satellites or amateur radio antennas.

3. The maximum overall height for ground-mounted antennas shall be 75 feet above grade.

4. The operation of the antenna/satellite dish shall not cause interference with any electrical equipment in the surrounding neighborhoods (e.g., television, radio, computer), unless exempted by federal regulation.

5. The antenna/satellite dish shall be a single, nonglossy color (e.g., off-white, cream, beige, green, black, gray).

6. Antennas/satellite dish facilities shall be screened on all sides with a 6-foot block wall and with a solid gate 6 feet in height providing access to the facility.

7. The antenna/satellite dish shall be sited to ensure compatibility with surrounding development and not adversely impact the neighborhood.

C. Architecture.

1. In accordance with the Calimesa General Plan, industrial developments shall be designed to reflect the rural and country atmosphere of Calimesa (using building materials such as exposed heavy timbers, use of rustic or weathered wood, new and used bricks and stone, and the like) while maintaining good planning and design principles and sound development practices.

2. All building elevations visible from and within proximity of the public right-of-way, or located and oriented with access to public, employee, or patron parking, shall be architecturally treated. Architectural treatment may include one or more of the following elements: color variation, reveal lines, window treatment, variation in materials, columns, screen lines, or other architectural treatment that provides an architectural value to the building.

3. Metal Buildings. Metal buildings may be allowed in the L-I zone subject to the following:

Page 18.30-10


a) Buildings or structures having exterior walls of sheet metal shall not be located closer than 150 feet from the property line along any freeway, major, or arterial, closer than 100 feet from the property line along any other dedicated street, or located and oriented with access to public, employee, or patron parking, except that such buildings or structures may be located closer if any of the following conditions prevail:

i. The sheet metal comprises less than 25 percent of the exterior wall area of the building or structure; or

ii. The sheet metal consists of panels with stainless steel, baked enamel, or similar finish; or

iii. The building or structure is concealed from view from the public street by walls, fences, landscaping, or other buildings or structures.

D. Building Orientation.

1. Building Access. Buildings shall be oriented to provide access directly from parking areas.

2. Bay Doors and Open Work Areas. Orientation of bay doors and open work areas shall be located in a manner to minimize the view from the public right-of-way and parking areas. The application of screen walls and landscaping to screen the view may be incorporated to achieve this effect.

E. Bus Stops/Turnouts. Industrial developments of 10 acres in size or greater shall include the placement of bus turnouts along the major public corridor that serves the development. The turnout shall be constructed to accommodate a full-size bus out of traffic lanes. The turnout shall be constructed of concrete. Pedestrian all-weather transit stops and seating areas shall be provided and shall be architecturally compatible with the development.

F. Fences and Walls.

1. Fences and walls shall comply with the provisions of Chapter 18.65, Fence, Wall, and Screening Standards, except as specified in Table 18.30.080.

TABLE 18.30.080 FENCE, WALL, AND SCREENING HEIGHT AND TYPE LIMITS – INDUSTRIAL ZONE DISTRICTS

Location Maximum Permitted Height a

Front yard or side of street yard 2'6" – Solid structures or plants

6' – Open work structures or plants b

Abutting residential district 8' – Solid, decorative masonry wall

Other yard area 8'


12'

Notes: a. The limitations shall not apply in the following instances:

1. Where a greater height is required by any other provision of the Municipal Code; or 2. Where a greater height or type of fence, wall, or hedge is required as a condition of approval.

b. Open work structures or plants must permit the passage of a minimum of 90 percent of light.

Page 18.30-11


G. Landscaping. Landscaping and irrigation systems shall comply with the provisions of Chapter 18.70, Landscape Requirements, and Chapter 18.75, Water Conservation for Landscaping.

H. Lighting. All parking areas shall have lighting in conformance with Chapter 18.120, Outdoor Lighting.

I. Outdoor Activities. All functions and activities must be contained wholly within an enclosed building. The following activities and uses may occur outside of a building in the L-I zone, subject to the applicable regulations.

1. Outdoor Storage Areas. Nonhazardous material may be stored outside, provided that the storage is completely screened from the public right-of-way and parking areas. Outdoor storage shall not exceed the height of fencing unless located 10 feet from fencing. Outdoor storage shall be kept in a clean, sanitary, and orderly fashion, and adequate access lanes shall be maintained.

2. Outdoor Display Areas. Material, inventory, and merchandise may be displayed outdoors, provided that an area is dedicated for said activity. Outdoor display areas shall not exceed the height of fencing unless located 10 feet from fencing. Outdoor display areas shall be kept in a clean, sanitary, and orderly fashion, and adequate access lanes shall be maintained.

3. Outdoor Activities. Manufacturing activities may be permitted outside, provided that all regulations of this chapter are complied with, including but not limited to screening, noise, and dust control.

J. Solar Energy Design Standards. Passive heating and cooling opportunities shall be incorporated in all developments in the following manner:









9. Exterior surfaces of the collectors and related equipment shall have a matte finish and shall be color-coordinated to harmonize with roof materials or other dominant colors of the structure.

K. Utilities. All utility connections shall be coordinated with the development of the site, so as not to be exposed except where necessary. Pad-mounted transformer and/or meter box locations shall be included in the site plan with an appropriate screening treatment. Overhead utilities shall be undergrounded, unless waived by the City Engineer.

Page 18.30-12


1. Ground-Mounted Equipment. Inclusive of heating and air conditioning units and trash receptacle areas, all ground-mounted utilities and equipment shall be completely screened from surrounding properties, through use of screen walls, landscaping, or other method deemed acceptable by the Planning Division.

2. Roof-Mounted Equipment. Inclusive of heating and air conditioning units and vents, all roof-mounted utilities shall be completely screened from surrounding properties. Exposed gutters, downspouts, vents, louvers, and other similar elements shall be painted to match the surface to which they are attached, unless the elements are incorporated as part of the design element of the site. [Ord. 294 § 12, 2009; Ord. 95-7 § 2; Code 1990 § 12.5.07.]

18.30.090 Architectural review committee.

Reserved. [Code 1990 § 12.5.08.]

18.30.100 Specific development standards for self-storage warehouses.

Self-storage or mini-storage warehouses, which are subject to a conditional use permit, shall comply with the following standards:

A. The minimum site area shall be 20,000 square feet.

B. The site shall be completely enclosed with a 6-foot-high solid decorative masonry wall, except for points of ingress and egress (including emergency fire access) which shall be properly gated. The gate(s) shall be maintained in good working order and shall remain closed except when in use.

C. No business activity or other uses shall be conducted or maintained other than the rental of storage spaces for inactive storage use.

D. All storage shall be located within a fully enclosed structure(s).

E. No flammable or otherwise hazardous materials shall be stored on site.

F. Residential quarters for a manager or caretaker may be provided in the development.

G. Access and Parking.

1. The development shall provide for two parking spaces for the manager or caretaker, and a minimum of five spaces located adjacent or in close proximity to the manager's quarters for customer parking.

2. A parking lane a minimum of 9 feet in width shall be provided adjacent to the storage building where openings occur.

3. Aisle width shall be a minimum of 25 feet between buildings to provide unobstructed and safe circulation.

4. Access and circulation shall be designed to as to eliminate the need to back out of any drive or access road.

5. The parking standards specified above shall be applicable to this use only.

H. There shall be no visible storage of motor vehicles, trailers, airplanes, boats, recreational vehicles, or their composite parts.

Page 18.30-13


I. Adequate trash receptacles shall be provided. The receptacles shall comply with adopted Public Works Department standards pursuant to Chapter 8.35 and be of sufficient size to accommodate the trash generated.

J. Elevations of all structures shall be architecturally treated to ensure compatibility with high-quality neighboring structures.

K. All roof-mounted or air conditioning and heating equipment, vents, or ducts shall not be visible from any abutting lot, or from any public street or right-of-way.

L. The City may require the preparation of market feasibility studies demonstrating the economic viability of the proposed development prior to or concurrent with a development application.

M. No more than 50 percent of the total lot area shall be dedicated toward storage of recreational vehicles, and storage of such vehicles shall be limited to the rear half of the lot and adequately screened.

N. Recreational vehicles shall be stored only on paved surfaces.

O. Signs on self-storage warehouses shall be limited to one nonilluminated monument sign and one building sign per street frontage. [Ord. 257 § 2(4), 2007; Code 1990 § 12.5.09.]

Page 18.30-14


Chapter 18.35 OPEN SPACE DISTRICT

Sections:


18.35.020 Use regulations for open space districts.

18.35.030 Open space easements and trails.


The Calimesa General Plan outlines goals, objectives, and policies regarding the location and character of open space land uses and development activities. It is the purpose of this chapter to provide regulations implementing General Plan goals, objectives, and policies which ensure the availability of low-intensity outdoor-oriented recreational facilities, preserve unique natural and environmentally sensitive areas, and protect and preserve the public health, safety, and welfare for the residents of the city. [Ord. 95-7 § 2; Code 1990 § 12.6.01.]

18.35.020 Use regulations for open space districts.

Table 18.35.020 provides a list of those uses in the open space district which are permitted (P), subject to a conditional use permit (C), or prohibited (X). A minor development plan or major development plan may be required in accordance with Chapter 18.90, Development Plan Review.

TABLE 18.35.020 USES PERMITTED WITHIN OPEN SPACE DISTRICTS

Use O-S

Single-family residential – 1 dwelling unit per 20 gross acres P

Agricultural uses – all types of agriculture, horticulture, and raising of animals, in accord with the provisions of Subsection 18.20.050.B. The sale of products raised on the premises shall be permitted.

P

Apiaries a P


• Indoor X

• Outdoor C

Communication and telecommunication facilities P

Fire and police stations X

Page 18.35-1


Use O-S

Flood control facilities P

Forest maintenance facilities and ranger stations P

Groundwater percolation basins P

Historical landmarks P

Kennels and catteries X

Landscaping services X

National and state parks and forests P

Park and recreation facilities C

Public buildings and grounds P

Public utility installations P

Riding and hiking trails P

Riding academies or stables C

Wildlife preserve sanctuaries P

Temporary Uses Subject to the provisions of

Section 18.15.130,



Subject to the provisions of

Section 18.15.180,


Legend: P — Permitted


Notes: Precise determination of any development shall be on the basis of a detailed slope analysis and biological, archeological, and paleontological assessment prior to approval of any development. a. Provided that hives or boxes housing bees are kept no closer than 300 feet from any dwelling other than that occupied by

the owner of the apiary. [Ord. 95-7 § 2; Code 1990 § 12.6.02.]

Page 18.35-2


18.35.030 Open space easements and trails.

At the time an application for a land use or development is submitted, or at the time of filing of a tentative map, the City may designate portions of any open space areas to be accessible to the public, and may require that appropriate easements over the property be granted in conformance with the adopted master plan of trails. [Ord. 95-7 § 2; Code 1990 § 12.6.03.]

Page 18.35-3


CHAPTER 18.39 DOWNTOWN BUSINESS DISTRICT

Sections:

18.39.010 Downtown Business District.


18.39.030 Application of standards.

18.39.040 Downtown Business District zones.

18.39.050 Use regulations for Downtown Business District zones.

18.39.060 Development standards for Downtown Business District zones.

18.39.070 Development Standards applicable to commercial uses and structures.

18.39.080 Development Standards applicable to residential uses and structures.

18.39.090 Development Standards applicable to mixed uses and structures.

18.39.100 Specific development standards for Downtown Business District zones.

18.39.110 Street design guidelines.

18.39.010 Downtown Business District.

The Downtown Business District is the area depicted with zoning designations of Downtown Village Commercial (DVC), Downtown Neighborhood Commercial (DNC), Downtown Visitor-Serving (DVS), and Calimesa Creek Overlay. The intent of the district is to improve the marketability of the region, encourage facade and other site improvements, decrease vacancy rates, attract new development, and increase pedestrian activity with the implementation of pedestrian-oriented design regulations and features.


The purpose of the Downtown Business District is to:

A. Provide tailored development regulations, design guidelines, and street improvement plans that will set the Downtown Business District apart from other commercial areas in the city, consistent with the vision expressed in the General Plan.

B. Allow for and encourage a denser pattern of development than exists in downtown Calimesa today.

C. Create distinct areas within the Downtown Business District in order to satisfy the diverse activities and markets that are served along Calimesa Boulevard.

D. Promote the idea of Calimesa Creek as an asset to downtown Calimesa and integrate the creek with future development.

Page 18.39-1


E. Create a mixture of land uses, including shops, workplaces, civic buildings, entertainment uses, and residences in a walkable environment.

F. Provide more pedestrian-scale amenities and an identifiable downtown core area.

G. Emphasize pedestrian access and connections between and within developments.

H. Enhance the visual and aesthetic character of development, while providing areas for the public to gather.

I. Improve the appearance of Calimesa Boulevard and slow traffic.

J. Enhance property values and increase economic and financial benefits to the City and the community.

K. Promote high standards for pedestrian safety, site planning, and landscape design for commercial, office, and mixed-use developments in the Downtown Business District.


A. This chapter shall apply to all properties within the Downtown Business District boundaries, as shown on the official zoning map.

B. All other provisions of the Calimesa Municipal Code continue to apply within the Downtown Business District, except as expressly stated to the contrary in this Downtown Business District chapter.

C. The provisions of any Downtown Business District shall control over duplicative and conflicting provisions of the Zoning Code of the City of Calimesa. In the event the Downtown Business District is silent as to a development standard or procedure, the provisions of the City of Calimesa Zoning Code shall control.

D. Development and land uses that were lawfully established and exist within the Downtown Business District boundaries as of the effective date of this ordinance are affected by this code as follows:

1. Existing structures or land uses that comply with the requirements of this chapter may continue to operate, and may only be altered or replaced in compliance with this chapter.

2. Existing structures or land uses that do not comply with the requirements of this chapter may continue to operate and may be sold or otherwise transferred in compliance with the City's regulations for nonconforming uses (Section 18.15.120, Nonconforming Structures and Uses, of the Calimesa Municipal Code).

18.39.040 Downtown Business District zones.

A. Downtown Village Commercial (DVC) Zone. The purpose of the Downtown Village Commercial zone is to encourage new development in a more traditional downtown form that incorporates a mixture of specialty retail, dining, entertainment, residential, office, and civic/cultural uses. This district encourages both horizontal and vertical mixed-use development with a storefront character, and architectural styles consistent with the Calimesa Commercial Design Guidelines. Buildings are close to and oriented toward the sidewalk, especially at street corners. The mix of uses is intended to work together to create a pedestrian-oriented shopping, dining, living, and working experience.

Page 18.39-2


B. Downtown Neighborhood Commercial (DNC) Zone. The Downtown Neighborhood Commercial zone is intended to allow automobile-oriented commercial development, primarily in shopping centers. This zone includes a full range of retail and service businesses that satisfy the daily shopping needs of nearby residents and draw from the surrounding communities. Given its location in the Downtown Business District, development is expected to be of high quality and consistent with the Calimesa Commercial Design Guidelines, oriented toward Calimesa Boulevard, and with landscape plans that complement the public streetscape design. Typical uses in this zone include larger retail stores; commercial recreation and entertainment uses such as movie theaters, hotels, and restaurants; and smaller neighborhood uses such as grocery stores and banks.

C. Downtown Visitor-Serving (DVS) Zone. The Downtown Visitor-Serving zone is intended to welcome and serve travelers coming into Calimesa. This district allows for commercial land uses that are most convenient to visitors. This includes motels/hotels, fast-food and dine-in restaurants, gas stations, and convenience stores. Additional uses could include a visitor information center that welcomes and informs travelers about Calimesa and California. Development is expected to be consistent with the Calimesa Commercial Design Guidelines and oriented to Calimesa Boulevard and the highway, where applicable. Landscape improvements shall complement the public streetscape design, conveying a welcoming image to visitors and drawing them into the downtown.

18.39.050 Use regulations for Downtown Business District zones.

Table 18.39.050 identifies those uses and activities which may be permitted in the Downtown Business District zones subject to the provisions of this title and applicable General Plan policies, and those uses and activities which are not permitted. Table 18.39.050 also indicates the development procedure and the approval type by which each listed use or activity may be permitted in each of the Downtown Business District zones. Uses authorized below may require minor development plan review or major development review in accordance with Chapter 18.90, Development Plan Review.

TABLE 18.39.050 DOWNTOWN BUSINESS DISTRICT PERMITTED USES

Uses

Downtown Village

Commercial (DVC)

Downtown Neighborhood

Commercial (DNC)

Downtown Visitor-

Serving (DVS)

Commercial

Alcohol sales a (see also liquor stores) C C C

Ambulance services (less than 3 vehicles) X P P

Ambulance services (3 vehicles or more) X X X

Antique shops P X X

Art galleries P X X

Art supply shops and studios P P X

Arcades b A A A

Athletic and health clubs P P X

Page 18.39-3


Uses

Downtown Village

Commercial (DVC)


Commercial (DNC)

Downtown Visitor-

Serving (DVS)

Automotive parts stores – retail with incidental parts delivery

P P A

Automobile dealerships X X X

Automobile Internet sales (office use only, 2 vehicles or less on display)

P P X

Automotive washing, full-service X X A

Automotive washing, self-service X X X

Automotive washing, automated (incidental with service station)

X X P

Automotive paint and body X X X

Automotive repair garages which include body and fender shops or spray painting

X X X

Automotive repair garages which do not include body and fender shops or spray painting

X X X

Barber and beauty shops, including nail salons c P P X

Bed and breakfast inns d C X X

Blueprint, duplicating, and photocopying services P P X


• Indoor P X X

• Outdoor X X X

Convenience stores P P P

Consignment shops P X X

Drive-in/througsh [e] C C C

General retail P P X

General services P P X

Hotels and motels f C X C

Internet cafes P P X

Liquor stores (see also alcohol sales) X C X

Mortuaries X X X

Movie theatres P P X

Pawnshops g C X X

Personal services C C X

Page 18.39-4


Uses

Downtown Village

Commercial (DVC)


Commercial (DNC)

Downtown Visitor-

Serving (DVS)

Restaurants, coffee shops, and other eating establishments With entertainment Without entertainment

C P

C P

C P

Secondhand stores X X X

Service stations h X X C

Smoke shops and hookah lounges, including vapor and e-cigarettes

C X X

Swimming pool sales/service with outdoor display X X X

Tire sales and service X X X

Veterinary offices and animal hospitals, with exterior kennels, pens, or runs

X X X

Veterinary offices and animal hospitals, without exterior kennels, pens, or runs

P P X

Residential

Emergency shelters X X X

Live-work units i P X X

Single-room occupancy housing X X X

Townhomes, attached P X X

Apartments/flats P X X

Mixed use C X X

Office and Related Uses

Professional offices P P X

Bail bonds offices X X X

Check cashing/payday loan services X A X

Financial services and institutions (excludes check cashing and payday loan services)

P P X

Medical, dental, and related health services for humans, including clinics and the sale of articles clearly incidental to the services provided

X X X

Self-storage facilities X X X

Public/Quasi Public Uses

Auditoriums X X X

Churches and other religious institutions X X X

Page 18.39-5


Uses

Downtown Village

Commercial (DVC)


Commercial (DNC)

Downtown Visitor-

Serving (DVS)

Convalescent homes X X X

Cultural center/performing arts theatres X X X

Day care facilities, preschools, nursery schools, or child care facilities

P P X

Educational institutions (private) C C X

Fire and police stations P P P

Government offices (e.g., city hall, community center, post office)

P P P


C C X

Parks and recreation facilities (public or private) P P X

Public libraries and museums P P X


X X X

Surface/garage parking (not associated with a development project)

X P X

Wireless telecommunication facilities C C C

Temporary Uses

Temporary uses Subject to the provisions of Section 18.15.130, Temporary Use Permits.

Other uses similar to and no more objectionable than the uses identified above

Subject to the provisions of Section 18.15.180, Determination of Similar Use.



A – Accessory uses Notes: a. Subject to the provisions of Subsection 18.25.050.B, Alcohol Beverage Control “ABC” License. b. Subject to the provisions of Subsection 18.25.050.C, Arcades. c. Subject to the provisions of Subsection 18.39.100.A, Barbers and Beauty Shops. d. Subject to the provisions of Subsection 18.20.050.C, Bed and Breakfast Inns. e. Subject to the provisions of Subsection 18.25.050.G, Drive-In, Drive-Through, Fast-Food, and Take-Out Restaurants. f. Subject to the provisions of Subsection 18.39.100.B, Hotels and Motels. g. Subject to the provisions of Subsection 18.25.050.J, Pawnshops. h. Subject to the provisions of Subsection 18.25.050.L, Service Stations. i. Subject to the provisions of Subsection 18.39.100.D, Live-Work Units.

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18.39.060 Development standards for Downtown Business District zones.

A. Table 18.39.060-1 provides the minimum site development standards applicable to the Downtown Business District zones.

TABLE 18.39.060-1 DOWNTOWN BUSINESS DISTRICT — DEVELOPMENT STANDARDS

Downtown Village Commercial

(DVC) Zone


Commercial (DNC) Zone

Visitor Commercial (DVS) Zone

Mixed-Use Commercial Residential Commercial Commercial Maximum residential density (DU/gross acre)

30 du/ac n/a 30 du/ac n/a n/a

Maximum nonresidential density (FAR)

1.0 1.0 n/a 0.35 0.35

Minimum building site (net area sq ft) d

10,000 sq ft 10,000 sq ft 6,000 sq ft 10,000 sq ft 10,000 sq ft

Minimum lot width 60 ft 60 ft 40 ft n/a n/a

Minimum lot depth 100 ft 100 ft 80 ft n/a n/a

Minimum/maximum front setback a

0 ft/10 ft 0 ft/10 ft (c) 5 ft/15 ft 10 ft/none 10 ft/none

Minimum side setback a 0 ft 0 ft 10 ft 10 ft 10 ft

Minimum/maximum side street setback a

0 ft/10 ft 0 ft/10 ft (c) 5 ft/10 ft 5 ft 5 ft

Minimum rear setback a 5 ft 5 ft 10 ft 10 ft 10 ft

Maximum height e 3 stories 3 stories 3 stories 2 stories 2 stories

Minimum building to building separation

20 ft 20 ft 20 ft 20 ft 20 ft

Minimum building frontage at Calimesa Blvd.

9O% b 90% b,c 90% b 50% c 50% c

Minimum building frontage at all other streets

75% b 75% b,c 75% b 50% c 50% c

a. Encroachments At required setback areas, arcades, awnings, entrance porticos, porches, stoops, stairs, balconies, bay windows, eaves, and covered and entrance overhangs are permitted to encroach up to 6 feet within the required front setback area. At zero-setback area, building overhangs such as canopies and awnings may extend up to 6 feet horizontally beyond the back of sidewalk, but may not encroach further than within 2.5 feet of the face of curb. These overhangs must provide a minimum of 8 feet clear height above the sidewalk. b. Percentage of building frontage for front and side street setbacks may be reduced by the City to accommodate pedestrian plazas located between the building and street. c. Exceptions apply to anchor stores.

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d. A development or commercial center may, for purposes of meeting the minimum site size standards, consist of a combination of parcels whose total net acreage meets the minimum site size criteria, provided that the design for the entire site is integrated and unified.

e. Additional height may be permitted through a conditional use permit process, and subject to the requirements under this Downtown Business District Code.

B. The following standards shall apply to development in all Downtown Business District zones, except as otherwise provided in this title.

1. General Development Standards.

a) All development within the Downtown Business District zones must meet the minimum standards as outlined in Section 18.25.050, Specific Development Standards for Commercial Districts. However, the more strict requirements as listed in this chapter shall apply. Where a conflict arises between the two standards, the stricter requirements shall apply.

b) All indoor uses shall be conducted within a completely enclosed structure. Limited outside uses (e.g., patio dining area and nursery sales, limited to plants and trees) shall be approved through development plan review.

c) There shall not be visible storage of motor vehicles, trailers, airplanes, boats, recreational vehicles, or their composite parts; loose rubbish, garbage, junk, or their receptacles; tents; equipment; or building materials in any portion of a lot. No storage shall occur on any vacant parcel. Building materials for use on the same premises may be stored on the parcel during the time that a valid building permit is in effect for construction.

d) Every parcel with a structure shall have a fully enclosed and covered trash receptacle on the premises. A shared centralized trash collection area may be approved by Public Works. The trash receptacle shall comply with adopted Public Works Department standards, pursuant to Title V, Chapter 3, of the Calimesa City Municipal Code, and be of sufficient size to accommodate the trash generated.

e) All roof-mounted air conditioning or heating equipment, vents, or ducts shall not be visible from any abutting lot or any public street or right-of-way. This shall be accomplished through the extension of the main structure or roof, or by screening in a manner that is architecturally integrated with the main structure.

f) Loading/unloading, delivery, packing, or refuse areas shall be screened from any abutting lot or any public street or right-of-way. This shall be accomplished through the extension of the main structure, or construction of a concrete block wall of a height that adequately screens the area. The method of screening shall be architecturally integrated with the adjacent structure in terms of materials, color, shape, and size.

g) Transformers and backflow devices shall be completely screened from view with landscaping or other building materials.

h) The City may require the preparation of market feasibility studies demonstrating the economic viability of the proposed development prior to or concurrently with a development application.

i) Lot consolidation is encouraged for the purpose of creating larger development sites that can accommodate two or more uses and their associated improvements.

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j) Incentives for development projects that include the consolidation of lots may be granted by the Planning Commission. Incentives may include but not be limited to a parking reduction, density bonus, height bonus, and reduction in development impact fees.

2. Additional Height. Where the maximum height of a new structure is permitted to exceed three stories, with issuance of a conditional use permit, the following provisions shall apply.

a) Enhanced buffering to surrounding properties and the appropriateness of understructure parking shall be evaluated.

b) A visual analysis relating structure proportions, massing, height, and setback shall be conducted to preserve and enhance the scenic viewshed.

c) The need and appropriateness of the additional height shall be demonstrated.

d) Compatibility and harmony with surrounding development and land use designations shall be demonstrated.

e) Above two stories, additional structural setbacks (step back) may be required.

3. Fences and Walls.

a) Fences and walls shall comply with the provisions of Chapter 18.65, Fence, Wall, and Screening Standards, except as specified in Table 18.25.050-2.

TABLE 18.39.060-2 FENCE, WALL, AND SCREENING HEIGHT AND TYPE LIMITS –

DOWNTOWN BUSINESS DISTRICT ZONES

Location Maximum Permitted Height

Front yard or side of street yard 2'6" – solid structures or plants

4' – open work structures or plants

Abutting residential district 6' – solid, decorative masonry wall

Other yard area 6'


6'

4. Landscaping. Landscaping shall comply with Chapters 18.70, Landscape Requirements, and 18.75, Water Conservation for Landscaping unless a more strict requirement is specified within this chapter. In addition to the requirements of Chapter 18.70, every project within the Downtown Business District shall be required to landscape all portions of the lot or parcel that are not occupied with structures, required parking, walkways, patios, or other hard surface areas. No vacant portion of any parcel shall be left un-landscaped or untreated with some type of hard surface, such as cement, decorative pavers, and similar materials. Temporary landscaping shall be required for projects where phasing within the site is necessary, such as for pad sites or future buildings. A landscaping plan for temporarily vacant land within a proposed development is required if phasing is necessary.

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5. Outdoor Gathering Spaces. An open space creates an inviting shared space between the multiple uses of the Downtown Business District. Areas that are not occupied by buildings shall be enhanced with landscaping and hardscape amenities such as seating areas, trellises, trees, benches, planters, and water features. The following standards shall apply to outdoor gathering spaces.

a) Land uses shall coordinate their outdoor gathering space requirements to provide larger public spaces that are centrally located, functional, and serve multiple uses.

b) Outdoor gathering spaces shall be strategically located along areas of pedestrian activity, such as shopping areas and major pedestrian throughways.

c) Outdoor gathering spaces shall be oriented to maximize their visual and physical link from adjacent streets and pathways.

d) Safety and visibility shall be considered in the design of both outdoor gathering spaces and pathways for the security of residents and their guests.

e) Pedestrian pathways shall provide connectivity within the project by connecting each project to neighboring properties and emphasizing links between different uses.

f) Pedestrian access shall be provided that links public transportation stops to adjacent building entrances and pedestrian connections to surrounding uses.

6. News Racks and Vending Machines. News racks and other vending machines shall be located behind sidewalks and out of the public right-of-way. News racks shall not exceed 8 feet in width and 2 feet in depth, and shall be no higher than 4 feet as part of any development project. Where possible, all news racks shall be architecturally integrated into the overall project and should appear as if the presence of the news racks or vending machines is part of the structure. Outside vending machine locations should be carefully considered and integrated into the overall project. Unless architecturally integrated into a building facade or properly screened, vending machines shall not face a public right-of-way.

7. Parking. All on-site parking within the DNC and DVS zones shall comply with the provisions of Chapter 18.45, Off-Street Parking. The number of required parking spaces within the DVC zone shall be provided in accordance with Table 18.39.060-3. All other parking requirements in the DVC zone, except as noted below, shall be set forth in Chapter 18.45.

TABLE 18.39.060-3 REQUIRED PARKING FOR DVC ZONE ONLY

Uses Number of Required Spaces Residential Uses

Studio Minimum 1 covered space per unit.

1 bedroom Minimum 1.5 covered spaces per unit.

2, 3, or more bedrooms Minimum 2 covered spaces within an enclosed garage.

Senior-designated unit (65 and older) Minimum 0.5 covered space per unit.

Guest spaces Minimum 3 spaces per 10 units located on-site.

Commercial Uses

Page 18.39-10


Uses Number of Required Spaces Banks, savings and loans, other financial institutions

Minimum 1 space for each 300 sq. ft. of gross floor area.

Hotels/motels Minimum 1 space per guest room plus 1 space per 120 gross sq. ft. of banquet, assembly, or restaurant seating area.

Banks, savings and loans, other financial institutions


Mortuaries and funeral homes Minimum 1 space for every 5 fixed seats or 1 space for every 50 sq. ft. of gross floor area used for assembly purposes plus 1 space for each hearse or limousine plus funeral procession queue capacity for 5 cars located within 200 feet. For benches or pews, one seating space is equal to 18 linear inches.

Personal and business services Minimum 1 space for each 300 sq. ft. of gross floor area.

Professional, business, or administrative offices (excluding medical and dental)

Minimum 1 space for each 300 sq. ft. of gross leasable floor area.

Restaurants, cafes, bars, and other eating and drinking establishments (gross floor area includes outdoor seating/eating areas)


Retail commercial Minimum 1 space for each 300 sq. ft. of gross floor area.

Specialty stores (antique shops, art galleries, bakeries, candy stores, and gift shops)


Health/Educational Services

Day care facilities, preschools, nursery schools

Minimum 1 space for each staff member plus 1 space for each 6 children. A minimum of 4 spaces shall be provided. A semicircular drive or its equivalent, with sufficient space for 2 passenger loading areas, shall be provided.

Trade schools, business colleges, commercial schools, and other private schools

Minimum 1 space per 4 person capacity or 1 space per 225 gross sq. ft. or floor area, whichever is greater. Parking to be located on-site.

Convalescent and nursing homes Minimum 1 space for every 4 beds. Parking to be located on-site.

Medical and dental offices and clinics Minimum 1 space for every 240 sq. ft. of gross leasable floor area.

Entertainment and Recreation Uses

Entertainment and recreation theaters, bowling alley parks

Minimum 1 space for every 120 sq. ft. of gross floor area located within 500 feet. To be determined by the approval body for the proposed use, and may include a request for a parking study.

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Uses Number of Required Spaces Miscellaneous Uses

Churches, auditoriums, and other places of public assembly

Minimum 1 space for every 4 fixed seats or 1 space for every 45 sq. ft. of nonfixed seating area in the principal sanctuary or auditorium, whichever is greater. For benches or pews, 1 seating space is equal to 18 linear inches.

Health clubs Minimum 1 space for every 200 sq. ft. of gross floor area.

Libraries, museums, art galleries Minimum 1 space for every 360 sq. ft. of gross floor area.

Other uses not listed To be determined by the Community Development Director, and may require the submittal of a parking study.

Public utility facilities Minimum 1 space for every 2 full-time employees plus 1 space for each vehicle kept in connection with the use or to be determined by the approval authority for the proposed use.

a) Parking requirements may be reduced in developments where it can be demonstrated that shared parking facilities will meet parking demand without providing separate facilities for each use. Shared parking shall be provided in accordance with Subsection 18.45.110, Shared Parking. If the number of parking spaces provided is less than the required number of spaces, the Director’s approval is required. A parking study may be required.

b) Up to 50 percent of assigned residential parking requirements for mixed-use and live-work units may be tandem parking. Tandem parking is not allowed for guest parking or common parking areas.

c) In instances where small or awkwardly shaped properties make the provision of on-site parking impractical, the Director may permit the in-lieu payment of the cost to construct the required amount of parking off-site.

8. Service, Trash, and Utility Areas. Covered enclosures are required and shall comply with the City's trash enclosure standards. Furthermore, enclosure walls shall be architecturally compatible with main structure(s) or designed to match approved decorative masonry wall. Trash enclosures adjacent to landscaped areas shall also incorporate the use of vines and large shrubs for the purpose of screening the enclosure walls.

9. Screening. Any equipment, whether on the roof, side of structure, or ground, shall be screened. The method of screening shall be architecturally compatible in terms of materials, color, shape, and size. The screening design shall blend with the building design and include landscaping when on the ground.

10. Signs. Signs within the Downtown Business District shall comply with Chapter 18.50, Sign Regulations, with the exception of City-initiated signs that may be co-located with other freestanding signs. City-initiated signs, including freestanding electronic reader-board signs necessary to advertise City-sponsored events, shall be permitted within the Downtown Business District and shall be exempt from the standards and provisions of Chapter 18.50, provided they are approved by the Planning Commission and the City Council. Such signs may be co-located with existing or proposed monument signs, freestanding signs, or other types of signage. Co-

Page 18.39-12


location may include the signage of nearby businesses, whether or not the co-located signage is advertising a business or shopping center located on the property where the sign is located.

C. Design Guidelines. The following design guidelines shall apply to development in all Downtown Business District zones, except as otherwise provided in this title.

1. New building facades should be designed in accordance with the Downtown Village Commercial Architectural Design Guidelines. Renovation of existing buildings of a different architectural style may adhere to their original style, as determined by the Director. In general, all new or renovated building facades should achieve the following:

a) All structural elevations shall be architecturally treated.

b) Bland walls at the ground-floor levels shall be avoided. Windows, trellises, wall articulation, arcades, change in materials, or other features shall be utilized, as consistent with the architectural style.

c) The different parts of a building's facade shall be articulated through use of color, arrangement of facade elements, and a change in materials.

d) Building height should be varied so the buildings appear to be divided into distinct massing elements.

e) Vary the planes of the exterior walls in depth and/or direction. Wall planes shall not run in one continuous direction for more than 50 feet without an offset.

f) Tower features should be integrated into buildings, as consistent with the architectural style.

g) Proposed signage and landscaping shall be an integral architectural feature that does not overwhelm or dominate the structure or property.

h) Architectural or building lighting shall be stationary and deflected away from all adjacent properties, public streets, and rights-of-way.

2. With the intent of protecting sensitive land uses, the proposed design shall promote a harmonious and compatible transition in terms of scale and character between areas of different land uses.

3. Parking structures shall be architecturally compatible with the primary and surrounding structures.

4. Each building may have one or more street frontages. Design consideration must be taken to orient pedestrian and automobile access. Buildings should be designed to maximize views, where available, keeping in mind that the prominent view of the building is equally important. Solar access and noise attenuation should also be a consideration in the final design and placement of building forms.

5. Vehicular access to each site must be designed to minimize conflicts between pedestrians, autos, and service vehicles. Sight lines, pedestrian walkways, and lighting are factors to consider in final site designs.

6. Buildings should be oriented so that public access or windows face areas of pedestrian activity, such as public plazas and pedestrian pathways.

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7. Multiple buildings in a single area should be grouped and organized to demonstrate a positive functional relationship to one another. The grouping of multiple buildings should be clustered to create functional plazas and pedestrian corridors. Where clustering is impractical, a visual link should be established between buildings through the integration of an arcade system, trellis, colonnade, or other such open structure.

8. Enhanced or "signature" architecture shall be provided at prominent locations. Buildings with unique architectural elements, such as clock towers and other landmark structures, should be positioned on corners of significant intersections or entryways to enhance the sense of arrival and project monumentation.

18.39.070 Development standards applicable to commercial uses and structures.

A. Outdoor Gathering Spaces. The purpose of establishing standards for outdoor gathering spaces is to establish safe and inviting outdoor gathering spaces where residents, employees, and visitors may gather, interact, rest, shop, and eat in an attractive and vibrant pedestrian environment. Commercial uses shall conform to the following outdoor gathering space standards.

1. Each development project with a commercial or office gross leasable area (GLA) of 15,000 square feet or more shall provide or contribute 50 square feet of outdoor gathering space for every 1,000 square feet of GLA.

2. Outdoor gathering spaces shall have a minimum dimension 15 feet in any direction and a minimum area of 400 square feet.

3. Outdoor gathering spaces may consist of pedestrian-accessible spaces, including outdoor seating areas, open space, water features, and landscape areas.

4. Outdoor eating areas provided as part of private eating establishments cannot be counted toward the outdoor gathering space requirement, unless the eating areas are open and accessible to the public, with no fencing or other barriers or obstructions. If the eating areas are enclosed by fencing or landscaping no greater than 4 feet in height, these areas may count toward up to 20 percent of the total outdoor gathering space requirement.

5. Outdoor gathering spaces shall exclude parking areas and roadways.

6. Commercial or office space provided within a live-work unit is exempt from the requirements for outdoor gathering spaces.

7. Outdoor gathering spaces provided in accordance with these standards shall incorporate a variety of pedestrian amenities to promote regular use. Pedestrian amenities may include but are not limited to seating, lighting, special paving, landscaping, food and flower vendors, artwork, and/or special urban recreational features.

8. To ensure the visibility and security of outdoor gathering spaces and community amenities, buildings adjacent to an existing or planned pedestrian plaza, patio, or urban park shall provide at least two of the following elements along the building wall abutting the outdoor gathering space or community amenities:

a) A building entry.

b) Windows meeting the street frontage standards facing onto the outdoor amenity.

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c) Arcades along the edges of the outdoor amenity.

d) Outdoor seating areas or cafes.

e) A similar feature that the Director finds will, to at least the equivalent degree, bolster security and encourage pedestrian use of the outdoor amenity.

9. In instances where small or awkwardly shaped properties make the provision of on-site outdoor gathering space impractical, the Director may permit the in-lieu payment of the cost to construct the required amount of usable open space off-site.

18.39.080 Development standards applicable to residential uses and structures.

A. General Development Standards. The standards contained in this section shall apply to residential development in all Downtown Business District zones, except as otherwise provided in this title. If a standard in this section is found to conflict with standards contained in Chapter 18.20, Residential Zone Districts, the standards contained in this section shall apply.

1. Residential uses shall comply with the development standards in Table 18.39.060-1.

2. Residential uses shall comply with the development standards applicable to the R-H residential zone contained in Sections 18.20.040, Residential Development Standards, 18.20.050, and Specific Development Standards for Residential Districts.

B. Common and Private Open Space. Multifamily developments shall provide a minimum of 200 square feet of private open space and outdoor usable common space per dwelling unit as follows:

1. A minimum of 70 square feet per unit shall be private with a minimum dimension of 7 feet in any direction. Private open space shall be accessible directly from the living area of the unit, in the form of a fenced yard, patio, courtyard, balcony, or roof garden. In lieu of this requirement, a developer may propose an alternative that provides comparable amenities for the unit and increases the minimum common space requirements twofold.

2. A minimum of 100 square feet per unit shall be usable common open space.

a) Usable common open space shall have a minimum level surface dimension of 15 feet in any direction and a minimum area of 400 square feet.

b) The dimensions for usable common open space areas shall be measured from the outside of any private open space attached to a unit at ground level.

c) The dimensions for usable common open space may include the building setback area if the buildings facing the open space area display a high degree of articulation and the building setback area is heavily landscaped. Landscaping may consist of in-ground or potted plantings.

d) Usable common open space shall not include:

i. Any area counted as private open space.

ii. Sidewalks and paved pathways within setback areas.

iii. Any portion of open and enclosed parking areas, garages, streets, driveways, automobile turning aisles, or turnaround areas.

Page 18.39-15


iv. Storage areas (refuse or otherwise) or any area fenced or otherwise inaccessible to the residents.

v. Slope areas exceeding 8 percent.

e) A minimum of 30 square feet per unit shall be provided in the form of common or private open space. This space can also be referred to as "flex space" and can be added to the private or common open space areas.

3. Required off-street parking spaces for a multifamily residential unit shall be within a 100-foot walking distance of the dwelling unit for which the parking space is assigned or from an elevator providing access to the unit.

4. The standards contained in Section 18.20.060, Design and Neighborhood Compatibility Standards, do not apply in the Downtown Business District.

C. Minimum Dwelling Size. The following minimum dwelling size areas are computed by calculating the living areas as measured from the outside of walls and exclude garages, carports, exterior courtyards, patios or balconies. The minimum area requirements for apartments/multifamily are:

TABLE 18.39.080 MINIMUM DWELLING UNIT SIZES

Minimum Livable Area Number of Bedrooms Number of Baths

630 sq ft Studio 1

750 sq ft 1 1

900 sq ft 2 1½

1,000 sq ft 3 2

1,200 sq ft 3+ 2

D. Design Guidelines.

1. Housing should be oriented to streets and pedestrian walkways.

2. The windows of interior living spaces shall overlook streets and public spaces to enhance community security and maximize view potential.

3. Residential buildings shall emphasize pedestrian access and connections to public sidewalks, paths, recreational facilities, and enhanced edges.

4. Structures shall be configured and oriented to afford a sense of individuality and privacy and to create small-scale public spaces.

5. Recreational facilities shall be conveniently and centrally located for the majority of units.

6. Ground-floor residential uses are not permitted to be located along Calimesa Boulevard.

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18.39.090 Development standards applicable to mixed uses and structures.

A. Mixed-Use Development. Residential uses may be combined with nonresidential uses pursuant to the following standards.

1. A minimum of 100 square feet of usable common open space shall be provided for each live-work unit or any residential unit in a mixed-use building.

a) Usable common open space shall have a minimum level surface dimension of 20 feet in any direction and a minimum area of 400 square feet.

b) The dimensions for usable common open space areas shall be measured from the outside of any private open space attached to a unit at ground level.

c) The dimensions for usable common open space may include the building setback area if the buildings facing the open space area display a high degree of articulation and the building setback area is heavily landscaped. Landscaping may consist of in-ground or potted plantings.

d) Usable common open space shall not include:

i. Any area counted as private open space.

ii. Sidewalks and paved pathways.

iii. Any portion of open and enclosed parking areas, garages, streets, driveways, automobile turning aisles, or turnaround.

iv. Storage areas (refuse or otherwise) or any area fenced or otherwise inaccessible to the residents.

v. Slope areas exceeding 7 percent.

vi. Areas within public rights-of-way along roadways.

2. The residential open space requirements of mixed-use buildings must be met in addition to any public plaza space requirements generated by nonresidential portions of the mixed-use building. See Section 18.39.110 for private open space requirements.

3. In an existing commercial building, parking for the residential unit(s) shall be provided on-site, in addition to that required for the commercial use(s), or by evidence of an agreement for off-site parking acceptable to the City.

4. Required parking shall be provided for each use, calculated in accordance with the individual requirements for the particular uses. Parking requirements may be reduced in developments where it can be demonstrated that shared parking facilities will meet parking demand without providing separate facilities for each use. Shared parking shall be provided in accordance with Section 18.45.110, Shared Parking.

B. Design Guidelines. The following standards are intended to ensure the compatibility of uses in a mixed-use project, whether it be vertically or horizontally integrated.

1. Defined below are the various building elements that define the transition between the street and the primary building facade. Such elements are permitted to encroach within the primary building setback as set forth in Table 18.39.060-1.

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a) Porch – A structure attached to a building to shelter an entrance or to serve as a semi-enclosed space; usually roofed and generally open-sided.

b) Stoop – A platform or small porch usually elevated several steps at the entrance to a dwelling or building.

c) Steps (to stoop or porch) – A stair unit which consists of stairs and risers.

d) Forecourt – A private open space enclosed by a low wall or fence between the building facade and frontage line/street right-of-way.

e) Balcony – A projecting platform on a building, sometimes supported from below, sometimes cantilevered; enclosed by a railing or balustrade.

f) Fireplace, roof overhangs, canopies, awnings, and other architectural features that are subordinate to the main building facade.

g) Arbor and trellis.

2. When commercial and residential uses in a project are not vertically integrated, the residential product should be elevated from the sidewalk through the application of elevated building pads and "stoop" style building design to help define the separation between public and private spaces.

3. Each building may have one or more street frontages. Design consideration must be taken to orient pedestrian and automobile access. Buildings must be designed to maximize views, where available, keeping in mind that the prominent view of the building is equally important. Solar access and noise attenuation should also be a consideration in the final design and placement of building forms.

4. Site planning must take the location of residential units into consideration and must screen or cover service areas to minimize noise levels and visual impacts.

5. Where commercial and residential uses are on the same level, different design methods may be used to clearly distinguish between public and private (commercial versus residential) spaces and access points. These methods could include vertical separation by raising the residential unit slightly above grade or applying distinguishing materials, textures, colors, or other physically clear demarcations at a common grade level.

6. The residential units must be designed to ensure the security of residents through the provision of secured entrances and exits that are separate from the nonresidential uses and are directly accessible to resident parking areas.

7. Buildings with solely residential uses should be elevated from the sidewalk through the application of elevated building pads and "stoop" style building design to help define the separation between public and private spaces.

8. Residential portions of the project must be designed to limit the interior noise caused by the commercial and parking portions of the project. Proper design may include but must not be limited to building orientation, double or extra-strength windows, wall and ceiling insulation, and orientation and insulation of vents. Where it is necessary that windows be closed in order to achieve the required noise level, means must be provided for ventilation/cooling to provide a habitable environment.

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9. No use shall produce continual vibrations or noxious odors that are perceptible without instruments by the average person at the property lines of the site or within the interior of residential units on the site.

10. Commercial uses must be designed and operated, and hours of operation limited where appropriate, so that neighboring residents are not exposed to offensive noise, especially from traffic, trash collection, routine deliveries, or late-night activity.

11. No use must produce continual loading or unloading of heavy trucks at the site between the hours of 8:00 p.m. and 6:00 a.m.

12. Outdoor lighting associated with commercial uses shall not adversely impact surrounding residential uses, but shall provide sufficient illumination for access and security purposes. Such lighting shall not blink, flash, oscillate, or be unusually bright or intense.

13. Covered trash enclosures are required due to the urban nature of mixed-use environments. Since residential units have the potential to be close together and will most likely be designed as multistory, covered structures can minimize the visual impact of unsightly trash bins from dwelling units.

14. Utility structures become a larger design issue as density increases. The various structures and boxes must be carefully sited and coordinated with landscaping before final engineering plans are done. Major utilities and pull-boxes shall be out of the line of sight.

15. Parking in the mixed-use areas includes public and private facilities, surface parking, and structured parking. Parking for residents must be secure, accessible, and separated from that open to the general public.

16. Where there are vertically mixed uses, parking spaces specifically designated for nonresidential and residential uses must be marked by the use of posting, pavement markings, and/or physical separation.

17. Mixed-use development located along Calimesa Boulevard must include commercial, office, public, or live-work with commercial space on the ground floor of the portion of the project that fronts onto Calimesa Boulevard.

18.39.100 Specific development standards for Downtown Business District zones.

A. Barber and Beauty Shops. Limited personal services are not to exceed 10 percent of the net floor service area of the commercial establishment, and/or up to 10 percent of the anticipated annual revenues from the business.

B. Hotels and Motels. Ground-floor guest rooms are not permitted to be located along Calimesa Boulevard.

C. Nurseries and Incidental Garden Supply. All equipment and supplies, including plants, shall be kept within an approved building or approved fenced enclosure.

D. Live-Work Units. Live-work units and buildings are subject to the following standards:

1. Live-work premises shall only be used by people who live in the unit. Living and working spaces shall not be rented or sold separately.

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2. The commercial square footage approved for the live-work unit should not be converted into residential use and should remain commercial in nature.

3. Live-work units and buildings must comply with any requirements imposed by the Building, Fire, Community Development, Police, and Public Works departments intended to protect the public health, safety, and welfare.

4. Businesses using commercial vehicles that weigh more than 15,000 pounds or vehicles with more than two axles are prohibited.

5. The minimum total floor area of a live-work space shall be 750 square feet within each unit. All floor area other than that reserved for living space shall be reserved and regularly used for working and display space.

6. Each live-work unit fronting a public street, and located at street level, shall have a pedestrian-oriented frontage that publicly displays the interior of the nonresidential areas of the structure. The first 25 feet of the floor area depth at the street-level frontage shall be limited to display and sales activity.

7. The living space within the live-work unit shall be contiguous with and an integral part of the working space, with direct access between the two areas, and not a separate stand-alone dwelling unit. The residential component shall not have a separate street address from the business component.

8. Where more than one live-work unit is proposed within a single structure, each live-work unit shall be separated from other live-work units and other uses in the structure. Access to each unit shall be provided from common access areas and corridors.

18.39.110 Street design guidelines.

The following guidelines are intended to complement the approved Calimesa Boulevard Streetscape Plan in order to help create a unique environment. Streetscape design should respond to and enhance future development in the downtown and in particular, help achieve the vision for each of the zones in the Downtown Business District. The elements of streetscapes should enhance pedestrian space and encourage pedestrian activity.

1. Provide additional connectivity to Calimesa Boulevard. Alignments should be established as part of the development review process.

2. Landscaping is encouraged and should be well maintained and complement the adjacent project:

a) Landscaping should be selected at a scale that is consistent with the building site.

b) Street landscaping should be appropriate for sidewalk environments to limit the potential of root systems to affect the adjacent sidewalks.

c) Landscaping should not interfere with pedestrian movement or impede with the visibility of business and signage.

3. Furniture: Benches, seating areas, kiosks, and shade structures should be incorporated as amenities for pedestrians.

a) Furnishings should be placed where pedestrian traffic, viewsheds, or building ingress and egress will not be obstructed.

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b) Furnishings should be constructed of durable, high quality materials that can withstand the elements without showing wear.

c) Furniture design should be complementary to the architectural styles of the area.

4. Public art and water features should be used to highlight public spaces and create points of interest for each project. These streetscape elements should be well maintained and used as accent features.

5. Use of distinctive paving treatments is encouraged to give visual cues to users and emphasize different areas within the streetscape and public spaces. Painted paving surfaces should not be used except to indicate traffic lanes or parking spaces.

6. Lighting should be used to illuminate public spaces and contribute to the safety and beauty of the project:

a) Fixtures should be complementary to the architectural styles of the area.

b) Overly glaring or flashing lights are discouraged.

7. Signage should be used to identify places, provide direction, and advertise businesses. Along with communicating information, signage should add to the character of each project and reinforce a sense of place:

a) Signs should consist of high quality materials and color palettes that reflect the architectural themes of the surrounding area,

b) Location and placement of signs should not obstruct pedestrian or vehicular movement.

8. On-street parking should be provided along Calimesa Boulevard in the Downtown Village Commercial zone and should include areas for diagonal or parallel parking, particularly near high activity uses. On-street parking provides a protective barrier between auto traffic and pedestrians, and serves as a traffic calming technique.

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Chapter 18.40 SPECIAL DISTRICTS

Sections:

18.40.010 Planned Residential Development (PRD) district.

18.40.020 Public/Quasi-Public (P/Q) district.

18.40.030 Calimesa Creek Overlay (CCO) district.

18.40.010 Planned Residential Development (PRD) district.

A. Purpose. The purpose of the Planned Residential Development (PRD) zone district is to promote residential amenities beyond those expected in conventional residential developments, to achieve greater flexibility in design, to encourage well-planned neighborhoods through creative and imaginative planning as a unit, to provide for appropriate use of land which is sufficiently unique in its physical characteristics or other circumstances to warrant special methods of development, to create flexibility in street design as long as adequate off-street parking is provided, to reduce development problems in hillside areas, and to preserve areas of natural scenic beauty through the encouragement of integrated planning and design and unified control of development.

B. Definition. "Planned residential development" means a development located on a site approved as a subdivision, to be constructed by a person or corporate body, involving a variety of residential structure types, planned as a total entity and therefore subject to approval, development, and regulation as one land use complex.

C. Establishment.

1. There is hereby created a Planned Residential Development (PRD) zone district. Whenever it is placed on the official zoning map, the designation PRD shall be indicated after the zoning designation of the area over which it is placed, and the provisions of said PRD zone shall apply in addition to the provisions of the principal zone of the area to which it is applied. Whenever a use is permitted in said PRD zone, said use shall be permitted in addition to the uses otherwise allowed in the area over which it is placed.

2. A planned residential development may be permitted in the O-S-R, R-E, R-R, R-L, R-L-M, R-M, and O-S zone districts.

D. Permitted Uses. Principal permitted uses in the PRD zone shall be as follows:

1. Attached and detached single-family homes, townhouses, patio houses, or combinations thereof not exceeding four units in any one group shall be permitted, and such other uses as are permitted in the zone in which the Planned Residential Development is to be located.

a) For purposes of this chapter, all permitted dwelling types are considered to be single-family in nature. Each unit shall be a separate and complete entity extending from the lowest floor level to the highest point of the building. Separate dwelling units shall not be placed above one another, and each unit shall be directly accessible to private, ground-level open spaces.

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2. Open Space Uses. Noncommercial parks, gardens, playgrounds, golf courses, natural open space, and other open space uses are permitted in the zone in which the Planned Residential Development is to be located. Various noncommercial facilities such as clubhouses, swimming pools, tennis courts, and horticultural conservatories may be included in such open space uses.

E. Prohibited Uses. All uses and structures not listed as permitted in this section are hereby deemed to be specifically prohibited.

F. Property Development Standards. The following property development standards shall apply to all land and buildings in the PRD zone:

1. Site Area. The minimum gross site area for a PRD zone shall be 10 acres, except that sites with a lesser area may be permitted when contiguous to an existing planned development and when they constitute a logical extension in arrangement of buildings, facilities, and open space. All of the area of dedicated street right-of-way entirely within the boundaries of the site may be included in determining the gross area of the zone for minimum area purposes.

2. Density. The underlying residential land use district shall determine the maximum number of dwelling units allowed in PRD developments. Where a parcel or parcels have more than one land use district, the maximum number of dwelling units shall be determined by adding together the allowable density for each land use district area. Density transfer throughout the PRD project area is permitted for the promotion of clustering units in those areas suited to development, and thus preserving the open space and natural features of the site.

3. Lot Area. Individual lot areas may be reduced below the minimum standard requirement for the zone; provided, however, that the average overall lot size of the development is in conformance with the underlying zone, and provided that the developer demonstrates that there is a direct relationship between the lot size and adjacent open space area within the development. Individual lots shall contain sufficient area to provide all required setbacks, yards, and private outdoor living areas.

4. Lot Dimensions. Lot widths and depths may be reduced below the standard of the district; however, to preserve and maintain the quality of the zone in an existing neighborhood and surrounding neighborhoods, all lots abutting a dedicated public street shall have a lot width not less than the minimum required for the zone. Certain exceptions may be approved by the Planning Commission where it can be shown that a reduction in lot width will not adversely affect the character and quality of the surrounding neighborhood.

5. Site Coverage. Buildings and structures, which shall not include patios open on three or more sides, shall not occupy more than 30 percent of the gross area of the PRD zone.

6. Building Height. A building, structure, or portion thereof shall not exceed the following heights:

a) Single-family dwellings: two stories or 32 feet, whichever is less.

b) Exceptions.

i. On slopes, single-family dwellings may be three stories in height on the downhill side provided they do not exceed two stories on the uphill side.

ii. If a cantilever foundation structure is used on a hillside, the height shall be measured from the lowest point at which the foundation beams enter the hill.

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iii. If the downhill sides of the structure are enclosed in a monolithic foundation, the height shall be measured from the midpoint of that portion of the finished slope which is covered by the structure.

G. Minimum Yard Requirements.

1. Front Yard Setback. The minimum front yard provisions of the zone in which the site is located shall apply to all lots, whether abutting a public or private street, pursuant to subsection F.4 of this section.

2. Side Yard Setback(s).

a) The side yard provisions of the zone in which the site is located shall apply to all properties in the planned development which abut property not a part of the development, pursuant to subsection F.4 of this section.

b) For the remainder of the development, the side yard(s) for a residence or group of residences may be modified as follows:

i. For a single-family detached residence on a separate lot, one side yard may be reduced to zero, provided the opposite side yard is not less than the total required for each side yard in the zone. No window or door openings are permitted on the zero setback line.

ii. For attached single-family residences or patio houses and townhouses, both interior side yards between structures may be reduced to zero, provided the exterior side yards of the series or group are set back a distance not less than 10 feet for each story or height of each building series or group. No window or door openings are permitted on the zero setback line.

3. Rear Yard Setback. The rear yard provisions of the zone in which the site is located shall apply.

H. Accessory Buildings. The provisions of the zone in which the site is located shall apply, provided that such accessory uses are compatible with the approved PRD.

I. Off-Street Parking. Off-street parking shall be provided in accordance with the provisions of Chapter 18.45, Off-Street Parking. In addition, an appropriate number of off-street parking spaces shall be provided to compensate for the reduction in on-street parking resulting from the reduced linear feet of streets typically associated with planned residential developments. The number and distribution of such required additional spaces shall be determined by an analysis of the plan by the Planning Department.

J. Open Space Areas.

1. For the purposes of this chapter, open space within a PRD shall be the total area of land or water within the boundaries of a PRD, designed and intended for use and enjoyment as open space areas.

2. Open space areas may include swimming pools, tot lots, putting greens, court game facilities, and recreational buildings. Natural canyons and similar natural physical features may be included in open space areas as approved by the Planning Commission; these areas are to be cleared of debris, poison oak, and similar fire and health hazards. Automatic sprinklers shall be provided at top of slope in canyon areas where it has been determined by the City that a fire hazard exists.

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3. Except as provided in subsection J.2 of this section, usable open space areas shall not include:

a) Rights-of-way.

b) Vehicle parking areas and accessways.

c) Areas less than 15 feet in width that are adjacent to or between structures.

d) Slope areas of more than 8 percent grade.

e) School sites.

f) Commercial, industrial, or office areas, and the buildings, accessory buildings, parking, and loading facilities thereof.

4. A PRD project shall have a minimum of 40 percent private and common open space, not including balcony area.

5. The City shall be granted an easement or other interest limiting the future use of the open space and preserving open spaces.

6. Provisions for the maintenance and management of the common open space and common facilities shall be reviewed and approved by the reviewing authority. Such approval shall be based on the following criteria:

a) The applicant shall establish a property owners association prior to the selling of any lot or occupancy of any dwelling unit.

b) The property owners association bylaws, restrictions, and articles of incorporation shall include the necessary regulations required by the Federal Housing Administration, the California Department of Real Estate, and other governmental agencies.

7. All improvements located within the common open space, such as landscaping, parks, recreational facilities, travelways, and parking areas, shall be maintained in a safe condition and a state of good repair.

a) Any failure to maintain such improvements located within the common areas shall be, and the same is hereby declared to be, unlawful and a public nuisance endangering the health, safety, and general welfare of the public and a detriment to the surrounding community.

b) In addition to any other remedy provided for by law for the abatement, removal, and enjoinment of such public nuisance, the City, after giving proper notice, may cause the necessary work of maintenance or repair to be done, and the cost thereof shall be assessed against the owner or owners of the development.

K. Phasing. In a phased development, safeguards shall be required in the form of easements or bonds or other commitments for open space requirements that will protect the integrity of the total project.

L. Subdivision. When a tentative subdivision map is filed with a Planned Residential Development, prior to recordation of the final subdivision map, the following items shall be filed with the appropriate agency:

1. Documentation of easements, covenants, deeds, and property owners association bylaws, restrictions, and articles of incorporation.

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2. Sureties and performance bonds covering open space areas, dedicated public improvements, and other items as determined by the reviewing authority; the amount of the performance bonds shall be reviewed annually by the appropriate agency.

M. Revision of Approved Development Plans. No revisions may be made in an approved Planned Residential Development before, during, or after the construction of a PRD, except upon application by the applicant to the appropriate reviewing authority, under the procedures provided below.

1. Minor revisions such as in the location and siting of buildings and structures may be authorized by the Planning Director if required by engineering or other circumstances not foreseen at the time the development plan was approved. These revisions shall be made prior to recording the final subdivision map or the issuance of any building permits, whichever occurs first.

2. Major revisions such as changes in use; any significant rearrangement of lots, blocks, and building tracts; any substantial changes in the provision of common open spaces; and all other modifications shall be approved by the reviewing authority authorized to approve the plan being revised. The reviewing authority shall hold a public hearing to consider such major revisions. No amendments may be made in the approved development plan unless they are shown to be required by changes in conditions that have occurred since the development plan was approved or by changes in the General Plan, specific plan, or area plan.

N. Design Standards.

1. Unless specifically changed within this section, all adopted City ordinances, standards, and policies apply to a Planned Residential Development, including those set forth in the Calimesa General Plan. The Planning Commission may alter adopted standards where, in their opinion, the altered standards would more adequately serve the intent and purposes of the Planned Residential Development provisions of the code.

2. Circulation.

a) The vehicular circulation pattern shall be designed such that the following are accomplished:

i. It provides adequate vehicular access to and within the project, in accordance with adopted City standards.

ii. It is coordinated with external transportation networks in terms of location and loads.

iii. It is integrated with the natural landscape and, where possible, parallels the natural drainage system.

iv. It is designed such that the noise levels from vehicular traffic shall comply with the noise quality standards of the Calimesa General Plan.

v. The Planned Residential Development project and each phase thereof has two points of vehicular ingress and egress from surrounding streets, one of which may be emergency only. Where the applicant can show that this is a physical impossibility, this requirement may be modified by the County Fire Department.

vi. Private streets are acceptable if they are built to city standards and are inspected by the City. However, right-of-way shall not be accepted by the City, nor shall private streets be accepted into the City-maintained road system.

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b) The pedestrian circulation pattern shall be designed such that the following are accomplished:

i. It is separated from vehicular traffic, where possible, and designed to discourage pedestrian crossing of the vehicular network, except at controlled points which are designed for pedestrian safety.

ii. Hard-surfaced, safely lighted pedestrian access to common open space, recreational areas, community facilities, and other logical terminal points shall be provided.

c) All common off-street parking areas shall be designed such that the following are accomplished:

i. They provide adequate, convenient, well-marked, and safely lighted parking.

ii. With the exception of building-enclosed parking structures, they contain appropriate landscaping to minimize the effect of large areas of asphalt or concrete.

d) All proposed developments shall incorporate design features or trip reduction programs, or a combination of design features and trip reduction programs in accordance with Subsection 18.100.050.A.

3. Site Resource Utilization.

a) The Planned Residential Development shall be designed and developed in such a manner as to minimize the cutting of trees, disturbance of ground cover, cut-and-fill work, drainage alteration, and hillside development. All tree removals shall be in accordance with City permit procedures.

b) All new dirt work, exposed slopes, and erosion control problem areas shall be suitably stabilized in accordance with Chapter 18.70, Landscape Requirements. Scarred and erosion-prone areas shall be stabilized with appropriate planting methods or other appropriate techniques as determined by the Planning Director.

c) A drainage analysis shall be prepared and shall accompany the application for a PRD.

4. Site and Structure Relationship.

a) The spacing of buildings shall be governed by the requirements for adequate light and air, proper access, fire regulations, and by the need for visual and auditory privacy.

b) Whenever possible, dwelling units shall be arranged to take advantage of views and vistas with consideration given to micro (subsections of the planned development) climate control and pleasing relationships of building mass.

c) The placement of garages behind dwelling units and the construction of front porches is encouraged to enhance the neighborhood streetscape.

d) The Planned Residential Development shall be designed to minimize the likelihood of criminal activity by the following methods:

i. Minimizing those areas that are neither clearly private nor public.

ii. Planting landscaping such that maximum observation is obtained while providing the desired degree of aesthetics.

e) Building height, bulk, and micro coverage are regulated only inasmuch as they meet the performance criteria set out above.

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f) No structure for human habitation shall be placed in an environmentally hazardous, fragile, or unique area.

5. Perimeter.

a) Adjacent properties to the Planned Residential Development shall be protected from adverse influences of traffic, land uses, building scale, and density by the combined use of screening, setbacks, and land use location.

b) Perimeter planning and coordination are required to assure continuity in the community facilities and services. The applicant shall demonstrate that the development proposal can be adequately served by community facilities and services without undue public expenditure. [Ord. 95-7 § 2; Code 1990 § 12.7.01.]

18.40.020 Public/Quasi-Public (P/Q) district.

A. General Purpose. The purpose of the Public/Quasi-Public (P/Q) district is to provide appropriate areas to accommodate uses such as City Hall, post offices, police and fire stations, institutional uses (schools, churches), libraries, and other similar development.

B. Use Regulations for the Public/Quasi-Public District.

1. Table 18.40.020 identifies those uses and activities which may be permitted in the Public/Quasi-Public district subject to the provisions of this title and applicable General Plan policies, and those uses and activities which are not permitted. Table 18.40.020 also indicates the development procedure and the approval type by which each listed use or activity may be permitted. A minor development plan review or major development plan review may be required in accordance with Chapter 18.90, Development Plan Review.

TABLE 18.40.020 USES PERMITTED WITHIN PUBLIC/QUASI-PUBLIC DISTRICT

Use Condition of Use

A. Public/Quasi-Public Uses

Auditoriums C

Churches and other religious institutions C

Educational institutions (private vocational schools) C

Fire and police stations P

Post offices P

Public libraries and museums P

Public parks and recreation facilities (public or private) P

Public utilities and public service substations, reservoirs, pumping plants, and similar installations, not including public utility offices

C

Public utility service offices P

All public buildings and grounds not otherwise mentioned herein P

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Use Condition of Use

Temporary uses (subject to the provisions of Section 18.15.130, Temporary Use Permits, and the issuance of a temporary use permit (T))

T

Other uses similar to, and no more objectionable than, the uses identified above shall be reviewed per the process required by the similar use procedures, as determined by the Planning Commission. The Commission will determine whether the use is subject to development plan review or conditional use permit.



C. Public/Quasi-Public District Development Standards. Minimum site development standards applicable to proposed and existing development in the Public/Quasi-Public district shall be determined by the Planning Commission on a case-by-case basis. [Ord. 95-7 § 2; Code 1990 § 12.7.02.]

18.40.030 Calimesa Creek Overlay (CCO) district.

A. General Purpose. The purpose of this overlay district is to establish guidelines for the redevelopment of the Calimesa Creek area. The guidelines describe the City's intent and vision for Calimesa Creek and are intended to promote public access to and pedestrian use along Calimesa Creek and to protect and enhance the scenic character of the downtown.

B. Permitted Uses. Uses shall be permitted within the Calimesa Creek Overlay district in accordance with the underlying zone district.

C. Development Standards.

1. Calimesa Creek shall be developed to preserve the natural look of the creek. The creek shall retain its natural look and feel, with no concrete or unnatural confinement or channelization.

2. The design of structures and outdoor improvements shall complement the attractiveness and functionality of the downtown. Design shall be coordinated to ensure smooth pedestrian transition between properties, reasonable lighting, understandable signage, and minimal inconvenience to shoppers and strollers.

3. Buildings shall address both their street and creek frontage. In no case shall a building turn its back on the creek.

4. A vegetated natural creek bank is encouraged except where terrain conditions would make it difficult, prohibitively expensive, or unnatural in appearance.

5. A continuous pedestrian sidewalk or trail, a minimum of 10 feet in width, may be required for both sides of the creek edge. The trail may be built as part of a maintenance road.

6. The construction of areas for rest, relaxation, and dining along the creek are encouraged. Street furniture should be provided as often as is reasonable. Lighting should be sufficient for safety, but should not glare.

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7. Buildings shall be set back from the creek enough to provide for lighting and adequate pedestrian access along the creek. Buildings are encouraged to have a continuous setback line in order to provide the feel of an outdoor room.

8. Nothing in this section shall be construed so as to preclude the use of any existing property or the rebuilding of any existing improvements in the event of catastrophic loss.

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Chapter 18.45 OFF-STREET PARKING

Sections:

18.45.010 Purpose.


18.45.030 General provisions.

18.45.040 Nonconforming uses.

18.45.050 Use limitations and prohibited parking.

18.45.060 Number of required parking spaces.

18.45.070 Handicap parking requirements.

18.45.080 Bicycle and motorcycle parking requirements.

18.45.090 Carpool, vanpool, and zero emission vehicle parking requirements.

18.45.100 Development standards.

18.45.110 Shared parking provisions.

18.45.120 Loading requirements.

18.45.130 Off-street parking restrictions for commercial and other vehicles in residential zones.

18.45.140 Off-street parking restrictions for recreational vehicles in residential zones.

18.45.010 Purpose.

The purpose of this chapter is to achieve the following:

A. Ensure that adequate off-street parking is provided to meet the parking needs of uses located within Calimesa.

B. Provide accessible, attractive, secure, properly lighted, and well-maintained and screened off-street parking facilities.

C. Reduce traffic congestion and hazards.

D. Promote vehicular and pedestrian safety.

E. Promote compatibility between parking facilities and surrounding neighborhoods. [Ord. 95-7 § 2; Code 1990 § 12.8.01.]

Page 18.45-1



A. Off-street parking facilities, both vehicular and bicycle, shall be provided for any new building constructed, for any new use established, for any addition or enlargement of an existing building or use, and for any change in the occupancy of an existing building or the manner in which a use is conducted that would result in additional parking spaces being required.

B. In all situations where additional vehicular parking spaces are required, all existing and proposed handicap parking spaces located on the site shall be marked and striped in accordance with state standards. [Ord. 95-7 § 2; Code 1990 § 12.8.02.]


A. No structure or use shall be permitted or constructed unless off-street parking spaces are provided in accordance with the provisions of this chapter.

B. Requirements for uses not specifically listed herein shall be determined by the Planning Director based on the requirements for comparable uses and on the particular characteristics of the use.

C. Fractional space requirements shall be rounded up to the next whole space.

D. The required off-street parking shall be a continuing obligation. It is unlawful to discontinue or dispense with the required vehicle parking facilities without providing other vehicle parking facilities which meet the requirements of this chapter.

E. Unless specifically permitted otherwise, required off-street parking spaces shall not be used for storage of any items other than a motor vehicle, and all required off-street parking spaces shall be kept free and clear at all times for use in the parking and storage of a motor vehicle.

F. Permit Requirements.

1. No building shall be occupied and no final inspection shall be given until off-street parking facilities are provided in accordance with the provisions of this chapter.

2. No parking area shall be resurfaced and/or restriped without a parking plan submitted to and approved by the Planning Department.

G. Relocation of Facilities. Whenever existing parking facilities for residential uses are removed or converted to a permissible non-parking use, the following regulations shall apply:

1. Any driveway approach that no longer provides access to a covered parking facility shall be removed and replaced with standard curb and gutter, in accordance with City standards.

2. All paved surfaces in the front yard area that no longer provide access to a covered parking facility shall be removed and the areas landscaped.

H. Transportation Demand Management Ordinance. The requirements and provisions of the transportation demand management ordinance, Chapter 18.100, shall be adhered to, including but not limited to reduced parking provisions, parking analysis, and penalties. [Ord. 95-7 § 2; Code 1990 § 12.8.03.]

Page 18.45-2


18.45.040 Nonconforming uses.

A. Residential Uses. Any dwelling unit or group of dwelling units which, on the effective date of the ordinance codified in this chapter or any subsequent amendment thereto, is nonconforming as to the regulations relating to off-street parking facilities may be continued in the same manner as if the parking facilities were conforming. However, any existing dwelling unit that is enlarged by 25 percent or more of the gross living area shall be required to provide off-street parking facilities in accordance with the provisions of this chapter.

B. Nonresidential Uses. Any use of property which, on the effective date of the ordinance codified in this chapter or any subsequent amendment thereto, is nonconforming as to the regulations relating to off-street parking facilities may be continued in the same manner as if the parking facilities were conforming. However, if such parking facilities do exist, they shall not be reduced. [Ord. 95-7 § 2; Code 1990 § 12.8.04.]

18.45.050 Use limitations and prohibited parking.

A. Residential Uses.

1. No parking shall be permitted in required landscaped front yard areas.

2. All inoperative motor vehicles (not including recreational vehicles as defined in Subsection 18.45.140.B) shall be stored in an enclosed parking space or stored in an area screened from the street. No permanent parking or storage of a nonoperative motor vehicle shall be permitted in the driveway or front yard area of any parcel or lot.

B. Nonresidential Uses. Required parking areas shall be used exclusively for vehicle parking in conjunction with a permitted use, and shall not be reduced or encroached upon in any manner. [Ord. 295 § 8, 2010; Ord. 95-7 § 2; Code 1990 § 12.8.05.]

18.45.060 Number of required parking spaces.

The number of off-street parking spaces or amount of parking area required for each use shall be not less than that set forth in this section. Whenever more than one method of calculating the required number of spaces or area is indicated, the method which provides the greatest number of spaces shall apply.

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TABLE 18.45.060 NUMBER OF REQUIRED PARKING SPACES

Use Number of Required Spaces

Residential Uses

Single-family dwelling 2 covered spaces within an enclosed garage.

Apartments

Studio/1 bedroom 1 covered space per unit plus 1 uncovered guest space for each 5 units.

2, 3, or more bedrooms 2 covered spaces per unit plus 1 uncovered guest space for each 5 units.

Single-room occupancy housing 1 covered space per unit plus 1 uncovered guest space for each 5 units.

Condominiums and Townhomes

Studio/1 bedroom 1 covered space within an enclosed garage plus 1 uncovered space for each 5 units.

2, 3, or more bedrooms 2 covered spaces within an enclosed garage plus 1 uncovered guest space for each 5 units.

Commercial Uses

Automobile repair and service shop 5 spaces for every service bay.

Automobile service station 4 spaces plus 4 spaces for service bay.

Bank, savings and loan, other financial institution

1 space for each 250 sq. ft. of gross floor area. Where drive-through service is provided, there shall be adequate stacking to accommodate 6 vehicles.

Barber or beauty shop 2 spaces for each barber chair; 3 spaces for each beautician station.

Car wash, full-service 10 spaces, plus adequate service stacking to accommodate 6 vehicles.

Car wash, self-service 1 space per stall plus adequate stacking to accommodate 1 vehicle per stall. Adequate circulation must be provided around stacked vehicles.

Furniture, drapery, plumbing, floor covering, and appliance store 1 space for every 500 sq. ft. of gross space floor area.

Hotel/motel 1 space per guest room plus 1 space per 100 gross sq. ft. of banquet, assembly, or restaurant seating area plus 1 space per 400 sq. ft. of accessory retail area.

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Mortuary and funeral home

1 space for every 4 fixed seats or 1 space for every 40 sq. ft. of gross floor area used for assembly purposes plus 1 space for each hearse or limousine plus funeral procession queue capacity for 5 cars. For benches or pews, one seating space is equal to 18 linear inches.

Plant nursery, lumber yard, building material yard, outdoor sales of merchandise

1 space for every 500 sq. ft. of indoor area and outdoor sales/display area to 10 spaces, and 1 space for every 2,000 sq. ft. exceeding the 10 spaces.

Professional, business, or administrative office (excluding medical and dental)

1 space for each 250 feet of gross leasable floor area or a minimum of 3 spaces for each office, whichever is greater.

Restaurant, cafe, bar, other eating and drinking establishment (including outdoor seating/eating areas)

1 space for each 35 sq. ft. of non-fixed public seating area, and 1 space for each 3 fixed seats, plus 1 space for each 200 sq. ft. of all other gross floor area, with a minimum of 10 spaces.

Fast-food restaurant, with drive-up or drive-through facilities (including outdoor seating areas)

1 space for each 100 sq. ft. of gross floor area, plus 1 lane for each drive-up window with stacking space for 8 vehicles, as measured from the pickup window.

Retail center 1,2

1 space for each 250 sq. ft. of gross floor area, with the exception of the following uses, which shall be counted as noted: 1. Restaurant: 1 space for each 75 feet of non-fixed

public seating area, and 1 space for each 3 fixed seats (including outdoor seating/eating areas).

2. Fast-food restaurant: 1 space for each 100 sq. ft. of gross floor area, and 1 space for each 3 seats, plus 1 lane for each drive-up window with stacking for 8 vehicles, as measured from the pickup window.

3. Cinema: 1 space for every 5 seats.

Retail commercial 1 space for each 250 sq. ft. of gross floor area.

Vehicle sales

1 space for each 500 sq. ft. of gross floor area for indoor area, plus 1 space for each 2,000 sq ft. of outdoor sales/display up to 10,000 sq. ft. Area exceeding 10,000 sq. ft. shall require 1 space for every 5,000 sq. ft.

Educational Uses

Day care facility, preschool, nursery school (not including large family day care homes and small family day care homes)

1 space for each staff member plus 1 space for each 5 children. A minimum of 4 spaces shall be provided. A semicircular drive or its equivalent, with sufficient space for 2 passenger loading areas, shall be provided.

Page 18.45-5



Elementary school, junior high school 5 spaces plus 2 spaces for each classroom. A semicircular drive or its equivalent, with sufficient space for 2 passenger loading areas, shall be provided.

High school 10 spaces plus 10 spaces per classroom.

College, university 10 spaces plus 30 spaces per classroom.

Trade school, business college, commercial school, other private school

1 space per 4 person capacity or 1 space per 225 sq. ft. of gross floor area, whichever is greater.

Health Services

Convalescent home, nursing home 1 space for every 3 beds.

Hospital 1 space for every 1.5 patient beds.

Medical and dental office/clinic 1 space for every 200 sq. ft. of gross leasable floor area.

Veterinary hospital/clinic 6 spaces minimum, plus 1 space for every 500 sq. ft. of gross floor area in excess of 1,000 sq. ft.

Industrial Uses

Manufacturing 1 space for every 500 sq. ft. of gross floor area devoted to manufacturing plus the required amount of parking for gross square footage devoted to other uses.

Storage yard 1 space for every 500 sq. ft., plus required parking for other uses on the site.

Warehouse and wholesaling

1 space for every 1,000 sq. ft. of gross floor area, plus required parking for other uses on site, except when located in commercial community zoning the parking shall be consistent with the retail parking requirements (1 space per 250 sq. ft. of floor area).

Entertainment and Recreation Uses

Bowling alley, billiard hall 5 spaces for each lane plus 2 spaces for each billiard table, plus required parking for other uses on the site.

Driving range 1 space per tee plus required parking for other uses on the site.

Golf course 6 spaces per hole, plus required parking for other uses on the site.

Miniature golf course 3 spaces per hole, plus required parking for any other uses on the site.

Park To be determined by the approval body for the proposed use. Applicant must submit a parking study.

Skating rink 1 space for every 3 fixed seats, plus 1 space for every 250 sq. ft. of gross floor area.

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Swimming pool 1 space for every 100 sq. ft. of water surface, plus 1 space for every employee, with a 10-space minimum.

Tennis, handball, racquetball court 3 spaces per court required parking for additional uses on the site.

Video arcade 1 space for every 150 sq. ft. of gross floor area.

Miscellaneous Uses

Church, auditorium, other places of public assembly

1 space for every 3 fixed seats or 1 space for every 40 sq. ft. of non-fixed seating area in the principal sanctuary or auditorium, whichever is greater. For benches or pews, 1 seating space is equal to 18 linear inches.

Health club 1 space for every 150 sq. ft. of gross floor area.

Library, museum, art gallery 1 space for every 300 sq. ft. of gross floor area.

Public utility facility

1 space for every 2 employees plus 1 space for each vehicle kept in connection with the use or to be determined by the approval authority for the proposed use.

Emergency shelter 1 space for every 1.5 beds. 1. Refer to Section 18.10.020, Definitions, under “retail shopping center.” 2. For retail centers, the City may modify the parking requirements for sit-down restaurants, fast-food restaurants, and cinemas based on a parking study approved by the City as part of the development plan review process. [Ord. 288 § 2, 2009; Ord. 184 § 2, 2001; Ord. 95-7 § 2; Code 1990 § 12.8.06.]

18.45.070 Handicap parking requirements.

Handicap parking requirements are established by the State of California. The parking standards contained in this section are identical to those established by the State at the time of the adoption of the ordinance codified in this section. Any future change in state handicap parking standards which would preempt or differ from the requirements given in this section shall apply automatically without any amendment of this section.

A. Handicap parking for residential uses shall be provided at the rate of one space for each dwelling unit that is designed for occupancy by the handicapped.

B. Handicap parking spaces shall be provided for all uses other than residential, outpatient facilities, and facilities that specialize in services for persons with mobility impairments at the following rate:

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TABLE 18.45.070 NUMBER OF HANDICAP PARKING SPACES REQUIRED

Number of Automobile Spaces Provided Number of Handicap Spaces Required

1–25 1 van-accessible space

26–50 2 including 1 van-accessible space







401–500 9 including 2 van-accessible spaces

501–1,000 2% including 3 van-accessible spaces

1,000+ 20 + 1 per 100 or fraction, including minimum 1 van-accessible space per 8 accessible spaces or

fraction thereof

C. Outpatient facilities: 10 percent of the total spaces shall be accessible.

D. Facilities that specialize in services for persons with mobility impairments: 20 percent of the total spaces shall be accessible.

E. Handicap parking spaces shall be located so as to provide for safety and optimum proximity to curb ramps or other pedestrian ways providing the most direct access to the primary entrance of the building served by the parking lot.

F. Dimensions.

1. Van. Minimum 9 feet wide with minimum 8-foot side loading and unloading passenger side aisle, minimum 18-foot length.

2. Auto. Minimum 9 feet wide with minimum 5-foot-wide loading and unloading passenger side aisle, minimum 18 feet long. Two spaces may share the same 5-foot aisle.

G. In each parking area, a bumper or curb shall be provided and located to prevent encroachment of cars over the required width of walkways. The space shall be located so that a handicapped person is not compelled to wheel or walk behind parked cars other than their own. Pedestrian ways which are accessible to the physically handicapped shall be provided from each such parking space to related facilities, including curb cuts or ramps as needed. Ramps shall not encroach into any parking space. However, ramps located at the front of handicap parking spaces may encroach into the length of such spaces when such encroachment does not limit a handicapped person’s ability to leave or enter their vehicle, and when it is determined that compliance with any regulation of this section would create an unreasonable hardship.

Page 18.45-8


H. Surface slopes of parking spaces for the physically handicapped shall be the minimum possible and shall not exceed 1 vertical to 50 horizontal in any direction.

I. Each parking space reserved for persons with physical disabilities shall be identified by a reflectorized sign permanently posted immediately adjacent to and visible from each stall or space, consisting of a profile view of a wheelchair with occupant in white on dark blue background. The sign shall not be smaller than 70 square inches in area and, when in a path of travel, shall be posted at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade. Signs may also be centered on the wall at the interior end of the parking space at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. Van spaces shall be delineated as van accessible.

J. A “tow away” sign with telephone number shall be posted at each entrance to the parking area or adjacent to accessible spaces, not less than 17 inches by 22 inches with lettering not less than 1 inch in height.

K. In addition to the above requirements, the surface of each accessible parking space or stall shall have a surface identification duplicating either of the following schemes:

1. By outlining or painting the stall or space in blue and outlining on the ground in the stall or space in white or suitable contrasting color a profile view depicting a wheelchair with occupant; or

2. By outlining a profile view of a wheelchair with occupant in white on blue background. The profile view shall be located so that it is visible to a traffic enforcement officer when a vehicle is properly parked in the space and shall be 36 inches high by 36 inches wide.

L. Parking Structures. The minimum vertical clearance at the entrance and within shall be 8 feet, 2 inches to accessible parking spaces.

M. Handicap parking spaces required by this section shall count toward fulfilling automobile parking requirements. [Ord. 95-7 § 2; Code 1990 § 12.8.07.]

18.45.080 Bicycle and motorcycle parking requirements.

A. Bicycle Parking. All nonresidential uses shall provide bicycle parking facilities in accordance with the following table:

TABLE 18.45.080-1 NUMBER OF BICYCLE PARKING SPACES REQUIRED

Number of Automobile Spaces Required

Minimum Spaces Required for Bicycle Parking

1–49 5

50–99 10

100 or more 15, plus 5 for each additional 100 spaces

1. Industrial uses, business parks, and other uses which encourage commuters are encouraged to install bicycle lockers for employees.

2. Design Standards.

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a) Bicycle parking facilities shall consist of a stationary bicycle rack designed to secure the frame and one wheel of the bicycle, where the bicyclist supplies only a padlock.

b) Bicycle parking areas shall be located near main entrances or buildings.

c) Bicycle parking facilities shall be installed in a manner which allows adequate spacing for access to the bicycle and the locking device when the facilities are occupied. General space allowances shall include a 2-foot width and a 6-foot length per bicycle and a 5-foot-wide maneuvering space behind the bicycle.

d) The facilities shall be located on a hard, dust-free surface, preferably asphalt or concrete.

B. Motorcycle Parking. All nonresidential uses shall provide motorcycle parking spaces in accordance with the following table:

TABLE 18.45.080-2 MINIMUM AREA FOR MOTORCYCLE PARKING SPACE REQUIRED


Minimum Area Required for Motorcycle Parking

1–39 None

40–99 7 feet in length and area not less than 56 square feet

100 or more 7 feet in length and area not less than 70 square feet [Ord. 95-7 § 2; Code 1990 § 12.8.08.]

18.45.090 Carpool, vanpool, and zero emission vehicle parking requirements.

All nonresidential uses shall provide designated preferential parking for carpools, vanpools, and zero emission vehicles as follows:

A. The required number of designated parking spaces for carpool, vanpool, and zero emission vehicles shall be calculated based on the total number of automobile parking spaces required for the premises in accordance with the following table:

TABLE 18.45.090 NUMBER OF CARPOOL, VANPOOL, AND ZERO EMISSION PARKING SPACES REQUIRED


Minimum Spaces Required for Carpool, Vanpool, and Zero Emission Vehicles

1–9 0

10–25 1

26–50 3

51–75 6

76–100 8

101–150 11

Page 18.45-10



Minimum Spaces Required for Carpool, Vanpool, and Zero Emission Vehicles

151–200 16

201 or more At least 8% of the automobile parking spaces on the premises

B. Carpool, vanpool, and zero emission vehicle parking spaces shall be located in the most favorable proximity to the primary entrance of the building served by the parking lot.

C. Each parking space reserved for carpool/vanpool/zero emission vehicles shall be identified by a reflectorized sign permanently posted immediately adjacent to and visible from each stall or space informing patrons to clearly display a valid carpool/vanpool/zero emission vehicle sticker or tag in order to park in carpool/vanpool/zero emission vehicle–designated parking spaces.

1. The sign shall not be smaller than 70 square inches in area and, when in a path of travel, shall be posted at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade.

2. Signs may also be centered on the wall at the interior end of the parking space at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk.

D. A “tow away” sign with telephone number shall be posted at each entrance to the parking area or adjacent to carpool/vanpool/zero emission vehicle spaces, not less than 17 inches by 22 inches with lettering not less than 1 inch in height, informing patrons of the violation.

E. Carpool/vanpool/zero emission vehicle parking spaces shall be constructed in accordance with the provisions of Section 18.45.100, Development standards.

F. Only the minimum number of required carpool/vanpool/zero emission vehicle parking spaces shall count toward fulfilling the total number of automobile parking spaces required. Any carpool/vanpool/zero emission vehicle parking spaces provided beyond the minimum amount required by this section shall not count toward fulfilling the total number of automobile parking spaces required.


A. Location of Off-Street Parking Facilities.

1. Residential Uses. Off-street parking facilities required by this chapter shall be located on the same lot or parcel as the residential unit they are intended to serve.

a) Covered parking spaces shall not be located in any required front, side, or rear yard.

2. Nonresidential Uses.

a) Parking facilities required by this chapter shall be located on the same lot or parcel of land as the use they are intended to serve, except in cases of large centers with reciprocal access and parking agreements, and uses with approved shared parking agreements.

b) Parking facilities shall be located and oriented to access the main entrance or front of buildings. Parking shall not be located behind buildings to the greatest extent possible.

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B. Dimensions of Parking Spaces.

1. Residential. Each covered parking space in a garage or carport shall have a minimum dimension of not less than 10 feet in width and 20 feet in length.

2. Nonresidential Uses. Each off-street parking space shall have dimensions not less than 10 feet in width and 19 feet in length, except parallel parking stalls which shall be a minimum of 8 feet in width and 24 feet in length. No part of the area of a required parking space shall be used for driveways, aisles, walkways, or other improvements.

3. Compact Parking. Compact parking stalls for nonresidential uses shall be permitted subject to the following:

a) Compact stalls shall have dimensions not less than 9 feet in width and 16 feet in length.

b) Compact stalls shall be permitted for projects that provide more than 25 off-street parking spaces. Developments with more than 25 off-street parking spaces may be permitted to utilize a maximum of 20 percent compact stalls.

c) Compact spaces shall be dispersed throughout the development and shall not be located at the main entrance.

d) Compact spaces shall be designated “Compact”, with the designation visible day and night.

C. Access to Off-Street Parking. The following requirements shall govern access to off-street parking facilities:

1. Residential.

a) Units located with sole access from major or secondary arterials shall provide a vehicular turnaround facility on the site to permit straightforward travel upon entering a street. Said facilities may be required for lots with sole access to a collector street.

b) The width of driveway entrances measured at the property line shall be as follows:

i. One-car facility: 12 feet minimum

ii. Two-car facility: 24 feet maximum

iii. Three-car facility: 30 feet maximum

c) Lots of one-half acre or less shall have paved driveways of asphaltic concrete or concrete.

d) An approved driveway approach shall be constructed on all residential lots. An encroachment permit shall be obtained from the Public Works Department prior to the commencement of any construction within the public right-of-way.

2. Nonresidential.

a) Forward travel to and from parking facilities from a dedicated street or alley is required. The parking area shall be adequate to facilitate the turning of vehicles to permit forward travel upon entering a street.

b) All uses which adjoin a major or secondary arterial shall adhere to the following:

i. Access to an arterial road shall be limited to one point for every 300 feet of frontage or one point for parcels with less than 300 feet of frontage.

Page 18.45-12


ii. Combined and/or reciprocal access onto arterials shall be required between adjacent properties, wherever possible, to reduce vehicular access points and increase roadway efficiency.

iii. For corner lots, whenever possible, vehicular access points on arterial roadways shall be located a minimum of 300 feet from the centerline of the intersection.

c) The access to all off-street parking facilities shall be designed in a manner which will not interfere with the safe movement of traffic.

d) The entryway to parking areas shall be well defined and recognizable, with adequate lighting and signage provided to facilitate adequate movement on- and off-site.

e) Concrete and/or accented paving driveway approaches shall be provided for ingress to and egress from all parking facilities. Each parking space shall be easily accessible to the intended user. The width of driveway entrances and exits from a public street shall be measured at the property line and shall comply with the following standards, unless specific exceptions are made by the City Engineer:

i. Minimum driveway width for single-lane entrances and/or exits: 24 feet

ii. Minimum driveway width for combined entrances and exits: 32 feet

iii. Minimum driveway width for multiple entrances and exits: 40 feet

f) An encroachment permit shall be obtained from the Public Works Department prior to the commencement of any construction within the public right-of-way.

D. Circulation within Parking Areas.

1. Minimum aisle width for two-way circulation shall be 25 feet, unless otherwise specified. In areas commonly used by oversized vehicles, such as delivery and loading areas, the minimum aisle width shall be 30 feet.

2. Two-way circulation with perpendicular parking is encouraged; however, angled parking with one-way circulation is permissible in parking areas subject to the following regulations:

TABLE 18.45.100 PARKING SPACE MEASUREMENTS

Parking Angle Stall Width Stall Depth Aisle Width

0° 8 ft. 24 ft. 15 ft.

30° 10 ft. 19 ft. 15 ft.

45° 10 ft. 20 ft. 16 ft.

60° 10 ft. 21 ft. 18 ft.

90° 10 ft. 19 ft. 25 ft.

3. Circulation within a parking area with more than one aisle must be such that a car need not enter the street to reach another aisle in the same parking area.

4. A 5-foot turnout area shall be provided for all “dead-end” parking areas.

Page 18.45-13


E. Improvements to Parking Areas. All required off-street parking areas shall have the following improvements:

1. All off-street parking areas and vehicle sales areas, and any driveways used for access thereto, shall be paved. Acceptable means of paving shall include asphaltic concrete or other permanent, impervious material as approved by the City Engineer.

2. Individual parking stalls shall be legibly marked on the pavement by means of paint or contrasting materials. Arrows painted on paving shall dictate direction of traffic flow. Parking stall striping, directional arrows, and parking stall identification shall meet the following standards:

a) All parking stalls shall be clearly striped and permanently maintained with 4-inch-wide double or hairpin lines on the surface of the parking facility, with the two lines located an equal distance of 9 inches on either side of the stall sidelines. Striping shall be done in white.

b) All drive aisles, entrances, and exits shall be clearly marked with directional arrows painted on the parking surface.

3. Wheel Stops. The use of wheel stops shall be required where necessary to alleviate any conditions that may result in vehicular damage to on-site facilities. This requirement can be eliminated if the required planter width is increased by 2 feet on each parking side.

4. Drainage. Parking area surfaces shall be graded and drained so as to dispose of all surface water. Drainage shall be taken to the curb or gutter and away from adjoining property. Such drainage facilities shall not be allowed to cross the surface of a public sidewalk.

5. Pedestrian Walkways. Walkways for pedestrians shall be provided to connect parking areas to destination points. Walkways shall be paved, lighted, and have adequate marking for easy identification and direction of pedestrian traffic.

6. Landscaping. Landscaping shall be provided in accordance with the provisions of Chapter 18.70, Landscape Requirements.

7. Lighting.

a) Parking areas shall have lighting in conformance with Chapter 18.120, Outdoor Lighting.

b) All parking lot lights shall be mounted on 3-foot-high concrete pedestals (minimum 24 inches in diameter) to protect parking light uprights, or as approved by the City Engineer.

c) All light uprights and pedestal locations shall be between required landscape medians so as not to be affected by maturing landscape. Lighting uprights may be located in landscape areas providing no landscape materials will grow beyond 10 feet in height. [Ord. 294 § 13, 2009; Ord. 95-7 § 2; Code 1990 § 12.8.09.]

Page 18.45-14


18.45.110 Shared parking provisions.

Shared parking may be approved, provided that times of operation of the involved entities are not the same, as specified herein.

A. Up to 50 percent of the parking facilities required by this chapter for a use considered to be primarily a daytime (on-peak) use may be provided by a use considered to be a nighttime or Sunday (off-peak) use; up to 50 percent of the parking facilities required by this chapter for a use considered to be a nighttime or Sunday use may be provided by a use considered to be primarily a daytime use; provided that a reciprocal parking area shall be subject to such conditions as stipulated herein.

B. The following uses are considered to be daytime uses: banks, business and professional offices, retail stores, service shops, and similar uses. The following uses are considered to be nighttime or Sunday uses: auditoriums, churches, fraternal organizations, and theaters. The Planning Department shall determine the parking requirements of the uses proposed for shared parking.

C. Conditions Required for Shared Parking.

1. Shared parking facilities shall be located within 200 feet of the buildings and uses.

2. The applicant shall demonstrate that there is no substantial conflict in the principal operating hours for the buildings and uses.

3. Parties concerned in the shared use of off-street parking facilities shall execute an agreement for such use by a proper legal instrument approved by the City Attorney as to form and content. [Ord. 95-7 § 2; Code 1990 § 12.8.10.]

18.45.120 Loading requirements.

A. All nonresidential uses shall provide loading spaces not less than 10 feet in width, 20 feet in length, and 14 feet in height, except for those spaces intended for use by tractor trailers, which shall be a minimum of 12 feet in width, 45 feet in length, and 14 feet in height, as follows:

1. Commercial Buildings.

a) 5,000 sq. ft.–15,000 sq. ft. building area: 1 loading space

b) 15,001 sq. ft.–50,000 sq. ft. building area: 2 loading spaces

c) 50,001 sq. ft.–75,000 sq. ft. building area: 3 loading spaces

d) 75,001 sq. ft.–105,000 sq. ft. building area: 4 loading spaces

e) 105,001+ sq. ft. building area: 5 loading spaces

2. Industrial Buildings.




d) 150,001+ sq. ft. building area: 4 loading spaces

3. Institutional/Hospital Buildings.


Page 18.45-15




d) 75,001 sq. ft.–125,000 sq. ft. building area: 4 loading spaces

e) 125,001+ sq. ft. building area: 5 loading spaces

4. Office/Service Buildings.



c) 100,001+ sq. ft. building area: 3 loading spaces

B. All loading facilities and maneuvering areas shall be located on-site.

C. Sites shall be designed so that parking areas are separate from loading areas, and loading areas are oriented to the rear or side of buildings.

D. Loading facilities shall be screened from public view by use of walls, landscaping, or building design and/or placement.

E. Loading areas shall be designed as an integral part of the building’s architecture and site design.

F. Loading areas shall be poured in concrete. [Ord. 95-7 § 2; Code 1990 § 12.8.11.]

18.45.130 Off-street parking restrictions for commercial and other vehicles in residential zones.

A. Findings, Purpose, and Intent.

1. There exist within the city large commercial vehicles which park in such a way that they constitute a nuisance and pose a threat to public health and safety because they generate unusual and disproportionate amounts of noise and pollution, particularly when parked on private properties in residential neighborhoods or in close proximity to residential uses.

2. The City Council has received numerous complaints from citizens, including residents and business owners, regarding excessive noise, air pollution, and safety hazards resulting from the presence of large commercial vehicles parked off-street in residential zones. The City Council finds that the operation of large commercial vehicles on private properties in residential zones, or in close proximity to residential zones, detrimentally affects the community and its neighborhoods.

3. The City Council has found and determined, in balancing the interests of the owners/operators of commercial vehicles who have relied on their ability to park their large commercial vehicles where they live and those of other residents of the city in the peaceful enjoyment of their homes, that the amortization and total discontinuance of large commercial vehicle parking in residential zones is beneficial in addressing issues of excessive noise, air pollution, aesthetics, safety hazards, and the preservation of residential street conditions.

B. Definitions. Except where the context requires a different meaning, the definitions given in this subsection shall govern the construction of this section:

Page 18.45-16


1. “Commercial vehicle” shall mean a vehicle required to be registered under the California Vehicle Code, used or maintained for the transportation of persons for hire, compensation, or profit, or designed, used, or maintained primarily for the transportation of goods, equipment, or property. Passenger vehicles which are not used for the transportation of persons for hire, compensation, or profit, pickup trucks, and motor homes are not commercial vehicles. Any vanpool vehicle is not a commercial vehicle. “Commercial vehicle” shall include any truck tractor, motor truck, truck trailer, or a combination thereof which exceeds a manufacturer’s gross vehicle weight of 10,000 pounds.

2. “Truck tractor” shall mean a motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.

3. “Truck trailer” shall mean a vehicle, other than a motor vehicle, designed for carrying goods, persons, or property, and for being drawn by a motor vehicle, and so constructed that some part of its weight and/or of its load rests on or is carried by another vehicle.

4. “Minor repair” shall mean oil change, tire change, minor safety repairs, spark plug replacement, brake system repair/replacement, battery replacement, and oil filter replacement.

C. Parking of Oversized Vehicles on Private Properties within Residential Zones in the City.

1. Except as provided for in this section:

a) It is unlawful for the property owner, or the owner or operator of any commercial vehicle, to park, or allow to be parked, or allow such vehicle to remain standing on any private property within a residential zone of the city, or on any private property which is within 5 feet of any residential zone in the city.

b) It is unlawful for any person to park, or allow to be parked, any truck trailer which has been detached from a commercial vehicle (truck or truck tractor), or which is not in itself capable of being driven, on any private property in a residential zone in the city.

c) It is unlawful for any person to perform any mechanical work on a commercial vehicle on any property within a residential zone in the city, other than minor repair, as defined in subsection B.4 of this section, which minor repair may occur only between the hours of 8:00 a.m. and 8:00 p.m.

2. Subsection C.1 of this section notwithstanding, commercial vehicles may be parked on private property within residential zones, or within 5 feet of residential zones in the city, as follows:

a) While making pickups or deliveries of goods, wares, or merchandise from or to any property adjacent to or abutting streets or highways which are not designated truck routes.

b) When such commercial vehicle is parked in connection with, and in aid of, the immediate, ongoing performance of a service to or on the property on which such vehicle is parked or left standing.

c) When such commercial vehicle is parked on property owned by the owner/operator of the commercial vehicle, with a valid permit issued pursuant to subsection D of this section, and otherwise in accordance with the provisions of this section.

d) The restrictions and prohibitions set forth in subsections C.1.a and b of this section shall not apply to commercial vehicles which have valid and effective permits issued pursuant to subsection D of this section.

Page 18.45-17


D. Commercial Vehicle Parking Permits.

1. Any owner or operator of a commercial vehicle or property which is subject to this section may apply to the Planning Director, or the designee of the Planning Director, for, and the Planning Director, or the designee of the Planning Director, may issue a commercial vehicle parking permit for an exemption from the restrictions and prohibitions of subsections C.1.a or b of this section if it can be demonstrated that the property is adequate in size and shape to satisfy all applicable conditions identified in Subsection 18.45.130.F, Permit Conditions.

The permit shall be in such form as may be approved by the Planning Director. No notice is required. Application for such a permit shall be made on a form approved by, and subject to such verification as may be required by, the Planning Director.

2. A commercial vehicle parking permit issued pursuant to this section shall expire one year after the date of issuance; provided, however, that no permit may expire later than January 1, 2005, in accordance with subsection G.1 of this section, or January 1, 2020, in accordance with subsection G.2 of this section. Applications for renewal of permits shall be submitted to the Planning Director at least 10 days prior to the expiration date of the then-current permit.

3. Temporary commercial vehicle parking permits may be issued to nonresident visitors, and shall expire three days after the date of issuance. Commercial vehicles for which a temporary commercial vehicle parking permit is granted may be permitted to park within the required front yard setback and are not required to be screened from public view. Not more than three nonresident visitor permits may be issued to any one property in any 12-month period of time.

4. Permits for commercial vehicle parking shall be nontransferable and shall apply only to the particular commercial vehicle, property, and location described in the application, and the rights granted thereto shall be limited to the term of the permit.

5. The Planning Director may revoke any commercial vehicle parking permit issued hereunder prior to the permit’s expiration date upon a determination by the Planning Director that good cause exists for such revocation. Good cause for revocation is established by a finding by the Planning Director that the permittee, or any person operating a permitted vehicle with the permittee’s consent, has violated one or more of the provisions of this section or any other provision of the Municipal Code or of state law relating to the operation, licensing, maintenance, or parking of commercial vehicles on the property for which the permit was issued.

E. Appeal of Permit Denial or Revocation.

1. The decision of the Planning Director to deny or revoke any commercial vehicle parking permit issued hereunder may be appealed in accordance with Section 18.15.080, Hearings and appeals. Such written notice of appeal shall include all facts which form the basis for appeal, including but not limited to mistake of facts, or error in interpretation of this section, together with any relevant documentation in support of the appeal.

2. The decision of the Planning Commission may be appealed to the City Council in accordance with Section 18.15.080, Hearings and appeals. Such written notice of appeal shall include all facts which form the basis for appeal, as set forth above.

F. Permit Conditions. Each commercial vehicle parking permit issued pursuant to subsection C of this section shall be subject to the following conditions:

Page 18.45-18


1. No commercial vehicle shall be parked or left standing on any vacant residentially zoned property. Commercial vehicle permits shall be valid only on residential property occupied by the owner/operator of the commercial vehicle, except where a temporary commercial vehicle parking permit has been issued pursuant to subsection D.3 of this section.

2. The operator of the commercial vehicle shall not idle the vehicle’s engine for longer than 15 minutes, race the vehicle’s engine, or blow air horns (except for an emergency).

3. No commercial vehicle shall be loaded or unloaded or have cargo transferred to or from the vehicle except during the first 24 hours during which such vehicle is mechanically disabled.

4. No refrigeration unit on a commercial vehicle shall be operated between the hours of 8:00 p.m. and 8:00 a.m.

5. One commercial vehicle, including a truck tractor with a trailer or semi-trailer, may be parked on the owner/operator’s occupied residential lot if such lot is at least 20,000 square feet in size. One additional commercial vehicle, including a truck tractor with a trailer or truck trailer, up to a maximum of three such commercial vehicles, may be parked on the owner/operator’s residential lot for each additional 20,000 square feet which said lot contains. No commercial vehicle shall be parked or left standing pursuant to this subsection unless all parts of such vehicle are at least 5 feet from each interior property line and at least 15 feet from all public rights-of-way and easements. Within the front yard setback, a commercial vehicle may only be parked on a driveway or other impermeable surface approved by the City for parking vehicle(s).

6. As a condition of the issuance of a permit pursuant to subsection D of this section, perimeter landscaping shall be installed along rear and side property lines to screen the view of the commercial vehicle from neighboring properties. The landscape materials shall be nontoxic and of the sort that fully obscure the truck parking area from neighboring residential uses.

7. Truck tractors may be parked in the driveway of the owner/operator’s residential lot of any size, subject to the following conditions:

a) The truck tractor must be completely clear of all public streets, sidewalks, and easements.

b) No mechanical work shall be done, other than minor repairs, as defined in subsection B.4 of this section, which minor repair may occur only between the hours of 8:00 a.m. and 8:00 p.m.

8. The owner/operator of a commercial vehicle which is subject to the provisions of this chapter and required to obtain a commercial vehicle parking permit pursuant to subsection D of this section must either conform to the provisions hereof or must apply for the required commercial vehicle parking permit within 30 days following the effective date of the ordinance codified in this section.

9. No permit issued pursuant to this section shall expire later than January 1, 2005, in accordance with subsection G.1 of this section, and January 1, 2020, in accordance with subsection G.2 of this section.

G. Legal Nonconforming Use and Amortization of Commercial Vehicle Parking in Residential Zones.

1. Any residential property on which commercial vehicles were parked that was registered with the State as a truck terminal on or after December 10, 1990, and prior to January 1, 2000, or which is verified by the Planning Director, based on objective evidence submitted by the property owner, to have been parked on residential property within that period, shall not be subject to

Page 18.45-19


the limitation on vehicle numbers set forth in subsection F.5 of this section, but shall hereafter be considered a nonconforming use and shall be allowed to continue parking on that residential property until January 1, 2005, provided such use is not expanded, altered, or increased in intensity. Parking of said commercial vehicles shall in all other ways fully comply with the requirements of all other provisions of this section. Upon the sale or transfer of the property, the nonconforming use shall terminate, and thereafter all provisions of this section shall apply.

2. Any residential property on which commercial vehicles were parked that was registered with the State as a truck terminal prior to December 10, 1990, or which is verified by the Planning Director, based on objective evidence submitted by the property owner, to have been parked on residential property, prior to December 10, 1990, shall not be subject to the limitation on vehicle numbers set forth in subsection F.5 of this section, but shall hereafter be considered a nonconforming use and shall be allowed to continue parking on that residential property until January 1, 2020, provided such use is not expanded, altered, or increased in intensity. Parking of said commercial vehicles shall in all other ways fully comply with the requirements of all other provisions of this section. Upon the sale or transfer of the property, the nonconforming use shall terminate, and thereafter all provisions of this section shall apply.

3. The number of allowed vehicles in excess of those permitted by this section shall be established pursuant to the criteria set forth herein, and shall not be increased or expanded thereafter. Parking of said “grandfathered” nonconforming uses shall in all other ways fully comply with the requirements of all other provisions of this section, the City’s Municipal Code, and the zoning and development regulations of the City.

4. The owner/occupier of any residential property registered as a truck terminal and operating a trucking business from such residential property shall be subject to the requirements of the City’s business license and zoning regulations, and this section shall not be considered to authorize the establishment of such business in a residential zone.

5. Any alteration or expansion of a nonconforming use shall be subject to the requirements of Calimesa Municipal Code Title 17.

6. All permits issued pursuant to this section shall expire not later than as set forth in subsections G.1 and 2 of this section, at which time parking of commercial vehicles in any residential zone in the city shall be prohibited, except as provided in subsections C.2.a, b, and c of this section, or otherwise as required by law.

H. Extension of Time for Termination of Nonconforming Use. The owner or operator of a nonconforming use as described in subsection G of this section may apply under the provisions of this section to the Planning Director for an extension of time within which to terminate the nonconforming use.

1. Time and Manner of Application. An application for an extension of time within which to terminate a use made nonconforming by the provisions of subsection G of this section may be filed by the owner of the real property upon which such use is operated, or by the operator of the use. Such an application must be filed with the Planning Director at least 60 days but no more than 180 days prior to the expiration of the time established in subsection G of this section for termination of such use.

2. Content of Application – Fees. The application shall state the grounds for requesting an extension of time, and shall be accompanied by the required filing fee. The filing fee for such application shall be the same as that for a variance as is set forth in the schedule of fees

Page 18.45-20


established by resolution from time to time by the City Council. An application which fails to state a basis upon which an extension may be granted, as set forth in subsection H.4 of this section, shall be returned to the applicant as nonresponsive, together with the application fee less any administrative costs of processing the application.

3. Hearing Procedure. The City Manager shall appoint a hearing officer to hear the application. The hearing officer shall set the matter for hearing within 20 days of receipt of the application. The hearing shall be noticed in accordance with Subsection 18.15.080.C, Notice of Hearing. All parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or witness. The decision of the hearing officer shall be final and subject to judicial review pursuant to Code of Civil Procedure Section 1094.6.

4. Approval of Extension – Findings. An extension under the provisions of this subsection H shall be for a reasonable period of time commensurate with the investment involved, and shall be approved only if the hearing officer makes all of the following findings or such other findings as are required by law:

a) The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on which the nonconforming use is conducted; such property or structure cannot be readily converted to another use; and such investment was made prior to January 1, 2000.

b) The applicant will be unable to recoup said investment as of the date established for modification or termination of the use.

c) The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with this section.

I. Public Nuisance Declaration. The City Council hereby finds and declares that any violation of the provisions of this section occurring on private property shall constitute a public nuisance, and may be prosecuted as such in accordance with the provisions of the Municipal Code. This remedy is nonexclusive.

J. Penalties.

1. No person shall violate any provision or fail to comply with any of the requirements of this section. Every act prohibited or declared unlawful and every failure to perform an act made mandatory by this section is punishable as a misdemeanor. Where the City Attorney determines that such action would be in the interest of justice, he/she may specify in the accusatory pleading that the offense shall be an infraction. Each person shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of any provision of this section is committed, continued, or permitted by such person and shall be punishable accordingly.

2. It shall be a defense to a citation issued for a violation of subsection D.3 of this section (failure to have a nonresident visitor permit) that the violation occurred at a time when City Hall was closed so that a permit could not be issued, and that the permit would have been issued had City Hall been open. [Ord. 2000-6 § 1; Code 1990 § 12.8.12.]

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18.45.140 Off-street parking restrictions for recreational vehicles in residential zones.

A. Purpose. It is the purpose of this section to establish regulations for the parking of recreational vehicles in residential zones, including the establishment of standards regarding size, number, location, maintenance, and other requirements, so that impacts to pedestrians, motorist safety, and neighborhood aesthetics will not be compromised while providing reasonable accommodation to recreational vehicle owners.

B. Definition of a Recreational Vehicle. For purposes of this section, “recreational vehicle” means a vehicle for noncommercial, recreational use, which is towed or self-propelled on its own chassis or attached to the chassis of another vehicle, and which is designed or used for recreational or sporting purposes. The term “recreational vehicle” includes but is not limited to travel trailers, pickup campers, camping trailers, motor coach homes, converted trucks or buses, boats and boat trailers, and all-terrain vehicles.

C. On-Site Parking Requirements. It shall be unlawful for any person to keep, maintain, park, or store any recreational vehicle in any residential zone except as provided in Table 18.45.140.

TABLE 18.45.140 RECREATIONAL VEHICLE PARKING AREA REQUIREMENTS

Location Parking Area Restrictions

Front yard and side yard Recreational vehicle parking and storage requirements. 1. A recreational vehicle shall not be parked so as to encroach into

the public right-of-way or to block or overhang the sidewalk. 2. A recreational vehicle shall not be parked or stored where such

parking or storage constitutes a clear and demonstrable traffic hazard and threat to public health and safety. Either the Sheriff or the City Manager may, at their discretion, declare the parking or storage of a particular recreational vehicle to be a traffic hazard and require the immediate removal of the recreational vehicle.

3. A recreational vehicle shall only be parked on an improved surface such as concrete, asphalt, laid brick, or other impervious material. The impervious material shall not exceed 50 percent of the area within the front yard of the lot or parcel, and shall not exceed 50 percent of the area within the side yard of the lot or parcel.

4. No more than one recreational vehicle shall be parked in the front yard or side yard area for any lot or parcel where such lot or parcel is less than 20,000 square feet in size. For lots or parcels 20,000 square feet or larger in area, a maximum of two recreational vehicles may be parked in the front yard or side yard. Note: A maximum of two additional recreational vehicles may be parked in the rear yard for any lot or parcel 40,000 square feet or larger.

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Location Parking Area Restrictions 5. No recreational vehicle higher than 12 feet and longer than 35

feet shall be parked in the front or side yard of any lot or parcel.

Side yard – street side of corner lot or parcel

All of the following requirements shall be met: 1. Parking or storage of recreational vehicles in the side yard

setback on the street side of any corner lot or parcel shall be prohibited.

2. A recreational vehicle may be temporarily parked or stored in the side yard on the street side of any corner lot or parcel only if the recreational vehicle is parked or stored behind a 6-foot-high wall or fence. The wall or fence shall be constructed of a material that shall block the visibility of the recreational vehicle from the public street or right-of-way and from adjacent property.

3. No recreational vehicle higher than 12 feet or longer than 35 feet shall be parked in the side yard on the street side of any corner lot or parcel.

Rear yard All of the following requirements shall be met: 1. A recreational vehicle may be parked on gravel in lieu of an

impervious surface. 2. The recreational vehicle shall be stored or parked a minimum of

5 feet from the rear property line of the subject lot or parcel.

D. Public Street Parking Requirements. Parking of recreational vehicles on public streets shall be subject to all of the following requirements:

1. Recreational vehicle access from the public street to the parcel or lot shall only be permitted on the approved driveway or driveway approach on file with the City. No additional driveways or driveway approaches shall be created or used for the purpose of parking or storing a recreational vehicle on the parcel or lot, or to provide access between the parcel or lot and the public street by use of the recreational vehicle.

2. Parking of all nonmotorized recreational vehicles that require a trailer to be transported on the public street is prohibited unless such nonmotorized recreational vehicle is attached to the tow vehicle at all times. Any owner of a nonmotorized recreational vehicle parked on the public street without being attached to its tow vehicle for any length of time shall be subject to immediate citation and/or to the removal of the recreational vehicle at the owner’s expense so long as signs are posted giving notice of the restrictions and removal. Any reasonable costs resulting from such impound, towing, or storage shall be charged to the owner of the recreational vehicle and to the driver who committed the violation. Removal shall be conducted in accordance with the California Vehicle Code.

3. No recreational vehicle shall be parked on a public street for any period of time longer than 72 consecutive hours without being moved. As used herein, the term “moved” means moved to a location not less than 1 mile from the subject property where the recreational vehicle was parked during the 72-hour period. The total number of days a recreational vehicle shall be parked on a public street shall not exceed six days per month. Any recreational vehicle which is

Page 18.45-23


parked on any public street longer than the 72-hour time limit specified in this section shall be subject to immediate citation and/or the removal of the recreational vehicle at the owner’s expense, so long as signs are posted giving notice of the restrictions and removal. Any reasonable costs resulting from such impound, towing, or storage shall be charged to the owner of the recreational vehicle and to the driver who committed the violation. Removal shall be conducted in accordance with the California Vehicle Code.

E. Limitations on Use.

1. Recreational vehicles shall not be occupied for permanent living purposes. Electrical hookups are allowed only under the following circumstances: during loading and unloading, not to exceed a total of 24 hours; for the charging of batteries for no more than 48 consecutive hours per week; and during the period of time that a temporary recreational vehicle parking permit for guest parking is valid per subsection G of this section. Sewer hookups and septic tank hookups shall be prohibited at all times.

2. Recreational vehicles shall not be used as an accessory structure, as defined in Section 18.10.020, Definitions, or as a second dwelling unit, as defined in Section 18.10.020.

3. Recreational vehicles shall not be used for the storage of goods, material, or equipment other than those items required for its intended use.

F. Maintenance Requirements. The following requirements shall apply to all recreational vehicles when parked or stored on any residential property:

1. All recreational vehicles shall be kept neat and clean at all times. Broken windows, flat tires, unpainted exteriors, unfinished upholstery, and the accumulation of spiderwebs, dirt, weeds, junk, engine and/or machine parts, tools, papers, and other debris on, in, and/or under a recreational vehicle shall be prohibited at all times. All recreational vehicles shall be maintained in a weather-resistant condition at all times.

2. All recreational vehicles shall display current license plates and/or current vehicle registration tags if required by applicable law. Those recreational vehicles not displaying current license plates and/or registration tags will be considered inoperable and shall be removed from the public view. As used in this section, “public view” means any recreational vehicle which is visible from any street, sidewalk, alley, and adjacent properties.

3. All covers, tarps, or any other material employed to protect a recreational vehicle from the weather shall be secured and shall be weatherproof. Use of rocks, bricks, or other weighted items to secure the weatherproofing cover shall be prohibited.

4. All recreational vehicle parking and storage areas shall be properly maintained and kept free of weeds, mud, and other debris.

G. Temporary Recreational Vehicle Parking Permit for Guest Parking. No recreational vehicle shall be occupied for living, sleeping, or any other purposes while parked per the limitations listed in Table 18.45.140, other than for guest(s) of the resident of the property. Guest parking shall be allowed for a period of 14 days. Any time period beyond 14 days shall require the issuance of a permit by the Planning Director subject to the following provisions:

1. Application for such a permit shall be made on a form approved by, and subject to such verification as may be required by, the Planning Director.

2. A permit issued pursuant to this subsection shall expire 30 days after the date of issuance.

Page 18.45-24


3. A permit may be issued to nonresident visitors and shall expire 30 days after the date of issuance. Not more than three nonresident visitor permits may be issued to any one parcel or lot in any 12-month period of time with a minimum one-month gap between permits.

4. Temporary recreational vehicle parking permits shall be nontransferable and shall apply only to the particular recreational vehicle, property, and location described in the application, and the rights granted thereto shall be limited to the term of the permit.

5. The Planning Director may revoke any permit issued hereunder prior to the permit’s expiration date upon a determination by the Planning Director that good cause exists for such revocation. Good cause for revocation is established by a finding by the Planning Director that the permittee, or any person operating a permitted recreational vehicle with the permittee’s consent, has violated one or more of the provisions of this chapter, or any other provision of the Municipal Code relating to the operation, licensing, maintenance, or parking of recreational vehicles on the property for which the permit was issued.

6. Appeal of Permit Denial or Revocation.

a) The decision of the Planning Director to deny or revoke any guest recreational vehicle parking permit issued hereunder may be appealed to the Planning Commission by filing written notice of the appeal in accordance with Section 18.15.080, Hearings and appeals. Such written notice of appeal shall include all facts which form the basis for appeal, including but not limited to mistake of facts, or error in interpretation of this section, together with any relevant documentation in support of the appeal.

b) The decision of the Planning Commission may be appealed to the City Council. The appeal shall be filed in accordance with Section 18.15.080, Hearings and appeals.

c) Exhaustion of the administrative remedies provided herein shall be required prior to the filing of any legal action in a court of competent jurisdiction. Such legal action shall be filed pursuant to the requirements of Code of Civil Procedure Section 1094.6.

H. Temporary Recreational Vehicle Parking During an Emergency.

1. A recreational vehicle may be occupied as an emergency shelter by the residents of the property in which it is stored during an emergency, as defined in subsection H.2 of this section.

2. “Emergency” shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property in this city caused by such conditions as fire, flood, storm, riot, earthquake, or other conditions, as proclaimed by the city, county, state, or federal government.

I. Violations and Penalties.

1. The provisions of this section restricting parking and storage in the public right-of-way (including the public streets, sidewalks, and alleys) may be enforced by any regularly employed and salaried police officer of the City, deputy of the Riverside County Sheriff’s Department, or member of the California Highway Patrol.

2. Any violation of any provision of this section shall be subject to administrative proceedings, and/or criminal or civil prosecution, in accordance with Calimesa Municipal Code Chapter 1.20, Penalty Provisions, and Chapter 1.30, Administrative Citations, as determined to be appropriate in the discretion of the City Attorney. All remedies stated therein shall be cumulative and nonexclusive. [Ord. 295 § 9, 2010.]

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Chapter 18.50 SIGN REGULATIONS

Sections:


18.50.010 Purpose.


18.50.030 Authority and administration.


18.50.050 Sign regulations.


18.50.070 Outdoor advertising.




18.50.100 Maximum area.


18.50.120 Open house signs.

18.50.130 Off-site subdivision signs.

18.50.140 Violations.

18.50.150 Permitted signs — Residential districts.

18.50.160 Permitted signs – Office/commercial districts.

18.50.170 Permitted signs – Industrial/manufacturing districts.

18.50.180 Permitted signs – Public/semi-public districts.

Page 18.50-1



18.50.010 Purpose.

The purpose of this chapter is to establish regulations and guidelines of signs and sign structures in order to accomplish the following:

A. Provide a reasonable system of control of signs, integrated within and as a part of the comprehensive zoning plan set forth by this Zoning Code.

B. Encourage signs which are well designed and pleasing in appearance, and provide incentive and spacing of signs and latitude for a variety of good sign relationships.

C. Encourage a desirable urban character which has a minimum of overhead clutter.

D. Enhance the economic value of the community and each area thereof through the regulations of such things as size, height, location, and illumination of signs.

E. Protect the public and private investment in buildings and open space.

F. Encourage signs which are compatible with adjacent land uses.

G. Attract and direct persons to various activities and enterprises in order to provide for the maximum public convenience.

H. Prevent a profusion of sign displays which are confusing to the general public.

I. Reduce possible traffic and safety hazards to motorists and pedestrians through sound signing practices.

J. Preserve and improve the appearance of the city as a place in which to live and to work and as an attraction to nonresidents who come to visit or trade.

K. Promote the public health, safety, and general welfare of the city. [Ord. 95-7 § 2; Code 1990 § 12.9.01.]


As used in this chapter, the following terms shall have the following meanings:

Abandoned sign. Any sign which was lawfully erected and maintained, but whose use has ceased or the structure which it addresses has been abandoned by the owner thereof for a period exceeding 90 consecutive days.

Advertising structure. An on-site or off-site structure of any kind erected or maintained for outdoor advertising purposes, upon which any poster, bill, printing, painting, or symbols of any kind may be placed, including statuary for advertising purposes.

Alter. A change in copy, sign face, color, material, illumination, size, shape, position, construction, or supporting structure of any sign.

Animated sign. Any sign which is designed and constructed to attract attention by visual means through the movement or semblance of movement of the whole or any part of the sign and any artificial light which is not maintained stationary or constant in intensity and color at all times when such sign is in use.

Page 18.50-2


Area of sign. An area computed by including the entire area within a single, continuous, rectilinear perimeter of not more than eight straight lines, or a circle or an ellipse, enclosing the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop of structure against which it is placed, but not including any supporting framework or bracing that is incidental to the display itself. In the case of a two-sided sign, the area shall be computed as including the maximum single display surface.

Attached sign. Any sign affixed or attached to a building or structure.

Awning sign. A painted or silkscreened, nonelectric sign attached to an awning or canopy.

Banner, flag or pennant. Any bunting, plastic, paper, or similar material used for advertising purposes attached to any structure, staff, pole, line, framing, vehicle, or any other similar object.

Bench. A seat located on or adjacent to public property for the use of a combination of passersby or persons awaiting transportation.

Building frontage. The building elevation which fronts on a public street, public parking lot, or pedestrian walk.

Bulletin board. A sign of permanent character, but with removable letters, words, or numerals, indicating the names of persons associated with or events conducted on or products or services offered on the premises on which such signs are located and maintained.

Channel letters. Three-dimensional individually cut letters or figures, illuminated or nonilluminated, affixed to a building or sign structure.

Commemorative sign. A sign identifying historical buildings, structures, places, or events.

Community identification sign. Any sign which identifies the name and/or logo of a subdivision, mobile home park, multifamily complex, or specific plan.

Complex. Any group of two or more buildings, or individual units within a single building.

Construction sign. A sign which states the name of the developer and contractor(s) working on the site and any related engineering, architectural, or financial firms involved with the project.

Directory sign. A sign located in a multi-unit complex which lists businesses and corresponding addresses located within the complex.

Freestanding sign. A sign permanently supported by one or more uprights, braces, poles, or other similar structural components attached to the ground or any foundation set in or on the ground as a support base.

Freeway. Any roadway designated as a state or federal freeway or interstate.

Freeway sign. Any sign located on the same parcel as the entity it identifies, with such parcel located within 660 feet of the nearest edge of a freeway right-of-way line.

Page 18.50-3


Grand opening. A special event solely for the purpose of promoting newly established businesses, within three months of that particular business’s initial occupancy of the premises.

Illegal sign. Any sign erected or maintained in violation of any provision of this title or any other ordinance of the City.

Institution. A church, school, hospital, rest home, civic establishment, or similar facility.

Lighted sign. A sign which utilizes internal or external illumination or a material which creates a similar effect.

Marquee sign. Any sign designed to allow the changing of symbols through manual, mechanical, or electrical means, including time and temperature signs.

Master sign program. Design criteria established to guide the design of all signs on a building or complex.

Mobile sign. Any nonpermanent sign which is movable or relocates, whether it be on wheels, attached to a vehicle, or otherwise portable.

Monument sign. A low-profile, freestanding sign supported by a solid base as opposed to poles or open braces.

Nonconforming sign. A sign which was legally erected under the existing laws in effect but which does not comply with the present laws.

Off-site sign. A sign which advertises or directs attention to products or activities that are not provided or rendered on the site upon which the sign is located.

On-site directional sign. A noncommercial sign to direct pedestrian and vehicular traffic.

Outdoor advertising sign. A sign that directs attention to a business, profession, product, commodity, or service sold, manufactured, or offered not on the property on which the sign is placed.

Parcel identification sign. A freestanding on-site sign whose allowable sign area is related to the size of the premises on which it stands. Such a sign may include both permanent messages and bulletin boards, but shall not include the advertisement of products by trade names which are incidental to the predominant sales or services on said premises.

Pedestrian sign. Any sign to direct pedestrians.

Permanent sign. A sign which is intended to exist for the duration of time that the use or occupant is located on the premises.

Permitted sign. Any sign which is lawfully erected, replaced, altered, relocated, or maintained in conformance with the requirements of this chapter and other applicable laws.

Pole sign. A high-profile sign having one or more supports permanently attached directly into or upon the ground.

Page 18.50-4


Political sign. Any sign which is designed to influence the action of the voters with respect to the passage or defeat of a measure appearing on the ballot at any national, state, or local election, or which is designed to influence the voters with respect to the nomination, election, or defeat of a candidate for public office or the removal of any person from public office at any national, state, or local election. A political sign includes any sign which is designed to encourage voters to vote for the candidates of a particular political party, and any sign pertaining to the conduct of a government in general.

Projecting sign. A sign which protrudes from a building or structure.

Prospective tenant identification sign. A temporary sign which identifies a future use of a site or building(s).

Public convenience sign. A noncommercial sign which directs the public to public facilities.

Public utility sign. A sign erected for the purpose of identifying public utilities and related equipment.

Pylon sign. A high-profile sign having a solid support permanently attached directly into or on the ground.

Real estate sign. A temporary sign advertising the sale, lease, or rental of the property on which it is located and maintained, excluding a subdivision sign.

Roof sign. A sign of any nature, together with all its parts and supports, which is erected, constructed, placed on, or above the roof or parapet wall of a building.

Sign. Any notice, writing of letters, words or numerals, pictorial presentations, illustrations or decorations, emblems or devices, symbols or trademarks, flags, banners or pennants, graphic announcements, insignia display, display of words, bills, posters, pictures, lithographs, maps, plats, barber poles, buntings, whirligigs, balloons, valances, light festoons, merchandise display, or any other thing of a similar nature, designed to be and used as a means of attracting attention outdoors, including but not limited to a structure or any part thereof, or a thing attached to, painted on, or in any manner represented on a building or structure or device and used to advertise or promote, and attract the interest of any person.

Sign copy. Any words, letters, numbers, figures, characters, design, or other symbolic representations incorporated into a sign.

Sign height. The greatest vertical distance measured from the finished grade at the point the sign supports intersect the ground to the uppermost area of the sign which includes support features.

Tenant identification sign. A sign which identifies a tenant or business and is located on the same premises as that business or tenant.

Vehicle sign. A sign which is attached to or painted upon a vehicle.

Wall sign. A sign attached or erected upon a wall of a building or structure.

Window sign. A sign painted or otherwise attached to a window or located within 3 feet of the interior side of the window for the purpose of outside display. [Ord. 95-7 § 2; Code 1990 § 12.9.02.]

Page 18.50-5


18.50.030 Authority and administration.

A. Sign Permits Required. No person shall erect, move, alter, or reconstruct any type of sign without a permit unless the sign is exempt from the regulations of this chapter. A tag issued by the City indicating the sign permit number shall be securely affixed to the sign so as to be readily visible, and the tag shall be renewed yearly through the Planning Department. The following sign permits shall apply to the various types of signs:

1. Minor Development Plan Review.

a) No sign shall be erected, re-erected, constructed, painted, or altered (other than a change in copy), without minor development plan review pursuant to Chapter 18.90, Development Plan Review, unless a building permit for the same has been issued by the Planning Department. Separate permits shall be required for each sign or group of signs in one location. In addition, building and electrical permits shall be obtained for each sign as required.

b) In accordance with this chapter, a master sign program shall be approved through a minor development plan review pursuant to Section 18.90.030, Minor development plan review. Any sign included in the master sign program shall be in conformance with the approved master sign program, and building permits shall be obtained for each sign as required.

2. Development Plan Review Required.

a) No pole sign or commercial sign in excess of 16 feet in height shall be permitted, unless a development plan review application has been approved by the Planning Commission, and a building permit for the same issued by the Building and Safety Division.

3. Outdoor Advertising Signs.

a) No outdoor advertising sign or freeway sign shall be allowed within the city (per Chapter 18.60, Outdoor Advertising Structures).

B. Application Requirements. An application for a sign permit shall be filed in a manner consistent with the requirements contained in Section 18.15.020, Application.


A. Exemptions. The following signs along with a change in sign copy shall be exempt from the application, permit, and fee requirements of this chapter; however, an electrical or building permit may be required.

1. Address identification signs, provided that such signs are posted on contrasting background and comply with the following minimum requirements:

a) Single-family residential: minimum character height of 4 inches

b) Multifamily residential: minimum character height of 6 inches for each individual unit and 12 inches for each building and/or complex

c) Nonresidential uses (commercial/industrial/office/civic/institutional): minimum character height of 12 inches

2. Commemorative signs, provided such signs do not exceed 4 square feet in area.

Page 18.50-6


3. On-site directional signs, provided such signs do not exceed a maximum of 4 feet in height and 3 square feet in area.

4. Warning signs, including, “No Trespassing,” “No Parking,” and other warning signs, provided the sign:

a) Does not exceed 2 square feet in area; and

b) Is located entirely on site.

5. Bulletin boards which are freestanding shall not exceed 5 feet in height, or can be attached to the building with an area not to exceed 20 square feet. The sign shall be nonilluminated, with one sign permitted per street frontage.

6. Nameplates attached to doors, which are nonilluminated and do not exceed 2 square feet in area.

7. Public convenience signs, such as signs identifying restrooms, public telephones, walkways, and similar features or facilities, provided such signs:

a) Are no more than 2 square feet in area; and

b) Contain no advertising message.

8. Public utility signs which serve as an aid to public safety, or which show the location of underground facilities.

9. Permanent window signs, provided such signs do not exceed 4 square feet in area.

10. Real estate signs indicating the availability for sale, lease, or rent of the site on which they are located, provided such signs comply with the following:

a) Residential: nonilluminated signs not to exceed 4 square feet in area and 5 feet in height. One sign per street frontage only, to be removed within 15 days after the close of escrow, or the execution date of a rental or lease agreement.

b) Nonresidential: nonilluminated signs not to exceed 32 square feet in area and 8 feet in height. One sign permitted per street frontage, placed a minimum of 10 feet from the property line.

11. Prospective tenant identification signs, provided such signs are not erected on a site prior to the approval of a parcel map, final map, conditional use permit, or plot plan for the project being advertised for the site and are removed within 14 days upon issuance of certificate of occupancy.

a) Parcels less than 10 acres: signs shall be limited to one per street frontage, not to exceed 32 square feet in area and 8 feet in height. Such signs shall be placed 10 feet from the property line.

b) Parcels 10 acres or greater: signs shall be limited to one per every 600 linear feet of street frontage not to exceed 64 square feet in area and 15 feet in height. Such signs shall be placed 10 feet from the property line.

12. Political signs, provided such signs are in accordance with Subsection 18.50.050.F.1, Political Signs.

Page 18.50-7


13. Construction signs, provided such signs comply with the following: one directory sign per construction site not to exceed 32 square feet in area and 8 feet in height placed not more than 10 feet from property line. Such signs shall be removed prior to occupancy of the project.

14. Signs exclusively regulated by the state, traffic or municipal signs, signs required by law, railroad crossing signs, legal notices, and emergency or danger notices, provided such signs:

a) Shall not exceed 12 square feet unless otherwise specified by law;

b) Contain no advertising message; and

c) Do not constitute more than one sign per street frontage unless otherwise required by law.

15. Safety signs on construction sites.

16. Official and Legal Notices. Official and legal notices issued by the court, public body, person, or officer in performance of his/her public duty or in posting any legal notice.

17. Pedestrian signs, provided such signs do not exceed 2 square feet in area with a minimum head clearance of 7 feet.

18. Signs exclusively regulated by the state, traffic or municipal signs, signs required by law, railroad crossing, and emergency or danger notices, provided such signs:

a) Do not exceed 12 square feet in area unless otherwise specified by law; and

b) Contain no advertising messages.

19. Such emergency, temporary, or nonadvertising signs as are authorized by the Planning Commission or City Council.

20. Temporary window signs, provided such signs are not permanently affixed to a window and do not exceed an area greater than 25 percent of the window area and are not used for a period exceeding 30 days.

B. Prohibited Signs.

1. All signs not expressly permitted by this chapter are prohibited, including but expressly not limited to the following signs: animated, flashing, blinking or noise-making, revolving, vehicle, moving, portable, mobile, bench, multifaced, home occupation signs, outdoor advertising/freeway signs, and signs painted on walls.

2. The following signs shall be prohibited unless otherwise authorized by this chapter: advertising kiosks, banners, flags, pennants, balloons, tethered inflatable, signs within the public right-of-way, projecting signs, and off-site directional signs.

3. The following signs shall be prohibited subject to the following exceptions:

a) Roof signs may only be permitted if designed as an integral part of the building and only in accordance with applicable regulations of this Zoning Code.

b) V-shaped or multifaced signs with an angle between each face which exceeds 20 degrees.

C. Temporary Signs. Temporary signs shall be permitted subject to the following provisions:

1. Application Required. An application for a temporary sign permit shall be filed in a manner consistent with the requirements contained in Section 18.15.020, Application.

Page 18.50-8


2. Approval. A temporary sign permit shall be reviewed and approved by the Planning Director subject to the regulations and conditions pertaining to each sign type as contained in this section.

3. Cash Deposit. In any case where a permit is issued for a temporary sign or advertising display, the Planning Director shall require, as a condition of approval of the permit, that the applicant post a cash deposit in the amount of the estimated sign cost of removal of the sign, not to exceed $500.00, refundable on removal of the sign, and written authority to permit the City to enter upon the site and remove and dispose of the sign in the event such sign is not removed within a reasonable time period.

4. Signs requiring a temporary sign permit include the following:

a) Directional Subdivision Signs. A temporary sign permit is required prior to the placement of a directional subdivision sign either on or off the subject property. Such signs shall comply with regulations of this chapter for off-site directional signs.

b) Special Event Signs and Banners. A temporary sign permit is required before any special event sign or banner may be placed on private or public property. A special event sign or banner is intended to inform the public of a unique happening, action, purpose, or occasion, such as a grand opening or community event. The Planning Director shall approve, conditionally approve, or deny applications for special event signs and banners subject to the following:

i. A special event sign or banner permit may be granted for two 45-day periods per year, but in no case shall such periods combined exceed 90 days per year.

ii. In the case where the use is temporary, the time period for the temporary sign or advertising structure shall be the same as the time period for the temporary use permit issued.

c) Model Home Complex Signs. A temporary sign permit may be issued for model home complexes in accordance with Subsection 18.50.050.F.6, Model Home Complex, provided the signs are in compliance with all other applicable laws and ordinances.

d) Grand Opening Signs. A temporary sign permit is required before any grand opening signage may be placed on a site. Grand opening signs may be utilized for a period not to exceed 30 days. Inflatable balloons, statuaries, banners, flags, and spotlights may be permitted.

D. Location and Height. All freestanding signs shall be installed in compliance with the provisions of this section.

1. If the sign is constructed on an artificial berm, the height of the sign, as measured from the toe of the slope or berm, shall not exceed 150 percent of the maximum height allowed by this chapter.

2. Location of signs shall be no closer than 5 feet from the property line, and shall be located in a landscaped planter with an area equal to or greater than the area of the sign.

E. Illumination of Signs. All sign illumination shall comply with Chapter 18.120, Outdoor Lighting, and the following additional requirements. In the event of any conflicts between this chapter and any other provision of this Zoning Code, the more stringent regulations shall apply.

Page 18.50-9


1. All sign illumination shall be either from the interior of a sign, behind individually cut letters (backlighting), or an indirect source. No design or placement of a sign shall create adverse impacts on surrounding properties and roadways.

2. Interior raceways shall be used for channel letters if individually lit letters are not used. No exterior raceways shall be permitted, unless no other alternative is available.

3. Neon Tubing.

a) The use of neon shall be permitted in commercial districts only and requires the approval of a development plan review. The following requirements apply to the use of exposed neon tubing:

i. Neon and linear signage shall be Underwriters Laboratories (UL) listed with a maximum 20 amps per circuit and be designed to accommodate a dimmer in order to reduce the brightness of the neon.

ii. All neon manufactured signs shall be registered with the UL.

iii. Neon signs within 100 feet of a residential or open space district shall not exceed 0.3 foot-candle measured at the property line.

iv. When neon tubing is used for any purpose, it shall not be combined with reflective materials such as mirrors, polished metals, highly glazed tiles, or other such materials.

v. Neon tubing shall not exceed 0.5-inch diameter and shall be installed in a can.

vi. Neon tubing in can letters shall be open face only.

vii. The use of neon lighting is subject to design review pursuant to Section 18.50.060, Design standards.

viii. Neon tubing signs shall be limited to business identification and architectural highlights only, and may include graphic symbols.

4. Spotlights shall be permitted for grand opening and special events only, and shall be approved with the sign plan for those events.

F. Sign Maintenance.

1. Every sign and all parts, portions, and materials shall be manufactured, assembled, and erected in compliance with all applicable state, federal, and local regulations.

2. All signs shall be kept clean, neatly painted, and free from rust and corrosion. Any cracked or broken surfaces, malfunctioning lights, missing sign copy, or other non-maintained or damaged portions of a sign shall be repaired or replaced within 14 days from notification by the City. Noncompliance with such a request shall constitute a zoning violation.

3. Any residue, damage, or exposure of holes or electrical material on a building or structure resulting from the removal of signs shall be repaired within 14 days from removal of the sign. Noncompliance with such a request shall constitute a zoning violation.

4. Any sign pertaining to activities of businesses which are no longer in operation shall be removed from the premises or the sign copy shall be removed or obliterated within 60 days after the premises have been vacated or the specific business operation has ceased. Any such sign not

Page 18.50-10


removed or altered within the specific time as set forth above shall constitute a nuisance and shall be subject to removal by the City at the property owner’s expense.

5. Signs which are not properly maintained in accordance with the provisions of this section shall constitute a public nuisance, and shall be removed or abated at the owner’s expense pursuant to the provisions of this chapter. [Ord. 95-7 § 2; Code 1990 § 12.9.04.]

18.50.050 Sign regulations.

A. Permitted – Generally. No sign permit shall be issued under this section unless a sign proposal complies with all other applicable laws and ordinances.

B. Permitted – Residential. Signs shall be permitted in residential land use districts subject to the provisions listed in Section 18.50.150, Permitted signs – Residential districts.

C. Permitted – Commercial/Office. Signs shall be permitted in commercial/office land use districts subject to the provisions listed in Section 18.50.160, Permitted signs – Office/commercial districts.

D. Permitted – Manufacturing/Industrial. Signs shall be permitted in the manufacturing/industrial land use districts subject to the provisions listed in Section 18.50.170, Permitted signs – Industrial/ manufacturing districts.

E. Permitted – Public/Semi-Public. Signs shall be permitted in public/semi-public land use districts subject to the provisions listed in Section 18.50.180, Permitted signs – Public/semi-public districts.

F. Permitted – Special. This section regulates signs which are permitted within appropriate land use districts, but because of their special status require additional regulations to ensure appropriate and adequate use and implementation. These special signs include the following:

1. Political Signs. Political signs shall be permitted in any zone district subject to the following provisions:

a) An application shall be submitted to the Planning Department.

b) No political sign shall be placed earlier than 45 days prior to the election which it addresses and shall be removed no later than three days following the date of the election.

c) A political sign located in a commercial/industrial zone shall not exceed 32 square feet in total area for one side. No sign shall be placed in a manner that would obstruct visibility of traffic.

d) A political sign located in a residential zone shall not exceed 8 square feet in total area for one side. No sign shall be placed in a manner that would obstruct visibility of traffic.

e) No political sign shall exceed an overall height of 8 feet. Signs used for identification of political headquarters shall comply with the provisions of this title.

f) No political signs shall be posted on any public property or in the public right-of-way.

g) If the Planning Director finds that any political sign has been posted or is being maintained on public property or in the public right-of-way in violation of the provisions of this section, the owner of the sign shall be given written notice to remove said sign. Said notice shall include a brief statement of the reasons for requiring removal. If the person so notified fails to correct the violation or remove the sign within five days after such notice, the Planning Director may cause said sign to be removed. If the owner of the sign cannot in good faith be located within a reasonable time, the sign shall be deemed abandoned. Any political sign

Page 18.50-11


that remains posted for more than 14 days after the election to which it pertains shall also be deemed abandoned. The Planning Director may cause such abandoned signs and any signs which constitute an immediate peril to persons or property to be removed summarily and without prior notice.

2. Pole Signs. Pole signs shall be subject to major development plan review in accordance with Section 18.90.040, Major development plan review. Pole signs shall comply with the following provisions:

a) All pole signs shall be located on the same parcel as the entity they identify.

b) The parcel on which the sign is located shall be within 1,320 feet (one-quarter-mile radius) from a freeway interchange as determined by the following formula: 1,320 feet (one-quarter mile) radius from the intersection of the freeway and cross-street centerline. Any commercial retail establishment on a parcel located within this radius may construct a pole sign.

c) A maximum of one pole sign shall be allowed per parcel, site, or development.

d) Pole signs shall not exceed an overall height of 45 feet.

3. Gas Stations. Pursuant to California Business and Professions Code Section 13532(c), gas station permitted signage shall include motor fuel prices and shall comply with the applicable zoning requirements and the following regulation: height of the symbols which designate fuel prices shall not exceed 6 inches and shall be a single color.

4. Drive-Through Restaurants – Menu Boards.

a) Additional signage shall be permitted for menu boards for drive-through restaurants subject to the following provisions:

i. A maximum of two menu board signs shall be allowed per business.

ii. A menu board shall not exceed 32 square feet in total area. No sign shall be placed in a manner that would obstruct visibility of pedestrian or vehicular traffic.

iii. No menu board signs shall exceed an overall height of 5 feet.

iv. A loudspeaker shall be permitted on menu board signs, but in no case shall the loudspeaker exceed a reasonable noise level range with a maximum of 45 decibels.

v. Menu board signs shall be screened from public view, including the public right-of-way, adjacent parcels, and common areas such as parking, open space, dining areas, and similar areas.

vi. Menu board signs shall be located on-site as to permit adequate stacking of vehicles in the drive-through and prevent vehicle overflow upon public right-of-way areas or required parking drive aisles and circulation paths.

5. Entertainment Theater. Entertainment theater signs shall be permitted subject to the following provisions:

a) Entertainment theater signs shall be subject to the provisions of this chapter.

b) An entertainment theater may dedicate up to 50 percent of its permitted sign area to marquee signs.

Page 18.50-12


c) The entertainment theater complex with two or more screens shall be permitted an additional 10 square feet of sign area per each screen over two.

d) One movie poster encased in glass attached or affixed to the building shall be permitted per screen. Glass encasements shall not exceed 3 feet in width and 4 feet in height.

6. Model Home Complex. Sign permits may be issued for model home complexes for single-family developments and model units for multifamily developments with 40 units or more, provided the signs are in compliance with the provisions of this section and all applicable laws and provisions. Signage for model home complexes shall meet the following provisions:

a) Single-Family Model Homes.

i. Each model home complex may erect up to five flags per model home complex, with an additional two flags permitted per each model contained within the complex.

ii. Each model home complex shall be permitted to have one on-site identification sign, not to exceed 12 square feet in area, and not more than 8 feet in height.

iii. Each model home complex shall be permitted to have directional signs for parking areas, the model home entrance, and the sales office area. No sign shall be more than 2 square feet in area, and 4 feet in height if freestanding, or 6 feet from finished grade if attached to a structure.

iv. Each model home shall be permitted one sign 2 square feet in area and 4 feet in height if freestanding, or 6 feet from finished grade if attached to the home.

v. All model home complex signs shall be removed within 10 days from the closure of the model home complex.

vi. All signage for a model home complex shall require a temporary sign permit, in accordance with Subsection 18.50.040.C, Temporary Signs.

vii. One on-site tract identification sign, not to exceed 32 square feet in area, shall be permitted, but shall not be located adjacent to the model home complex.

b) Multifamily Model Homes. Signage for multifamily model units shall meet the following provisions:

i. Each multifamily development with more than 40 units may erect up to five flags per development, with an additional two flags for every 50 units contained within the complex.

ii. Each multifamily development with more than 40 units shall be permitted to have one on-site identification sign, not to exceed 12 square feet in area, and not more than 8 feet in height.

iii. Each multifamily development with more than 40 units shall be permitted to have directional signage for parking areas, the model entrance, and the sales office area. No sign shall be more than 2 square feet in area, and 4 feet in height if freestanding, or 6 feet from finished grade if attached to a structure.

iv. All signage for multifamily developments with more than 40 units shall be permitted upon the opening of a complex and until 80 percent of the complex is rented/sold or for a period of time not to exceed 12 months from the opening date, whichever

Page 18.50-13


comes first. A six-month extension may be granted if less than 80 percent of the complex is occupied.

v. All signs for a multifamily development with more than 40 units shall require a temporary sign permit, in accordance with Subsection 18.50.040.C, Temporary Signs.

7. Off-Site Directional. Off-site directional signs may be permitted under this section, provided the signs are in compliance with all other applicable laws. This section shall permit off-site directional signage for residential subdivisions only, and any other type of off-site directional signage shall not be permitted within any zone district. Off-site directional signage shall be permitted subject to the following provisions:

a) Off-site directional signs shall only be permitted pending the sale of the subdivision they promote. Off-site directional signs shall be removed after one year, or within 10 days after all sales are complete, whichever is less.

b) Each subdivision shall be permitted a maximum of four off-site signs.

c) Off-site directional signs shall be located only along collector or arterial streets as defined by the General Plan.

d) Off-site directional signs shall not exceed 32 square feet in surface area per side. No sign shall obstruct visibility of pedestrian or vehicular traffic.

e) Off-site directional signs shall not exceed an overall height of 10 feet.

f) Off-site directional signs shall not cause public health or safety hazards.

g) Off-site directional signs shall not be placed upon or fixed to a tree, fence, or utility pole, and shall not be posted on any public property or in or over the public right-of-way.

h) An off-site directional sign posted in violation of this section shall constitute a nuisance, and the Planning Director or his/her designee may remove such signs. An application for off-site directional sign permit shall include written authorization to enter the site for sign removal by the City under this section.

i) Commercial off-site directional signs as regulated through a contractual sign program with the City shall be permitted.

G. Master Sign Program Regulations.

1. Master Sign Program Required.

a) In order to ensure that all signs within a multi-tenant development are compatible and consistent with other on-site signs, buildings, and surrounding developments, a master sign program shall be required in addition to a sign permit. The intent of the master sign program is to integrate signs with building and landscaping design into a unified architectural statement. A master sign program shall be required when any one or more of the following circumstances exist:

i. Multi-tenant developments of two or more distinct businesses that share either the same lot or building and use common access and parking facilities.

ii. Whenever three or more signs are proposed for a development.

iii. Whenever wall signs are proposed on structures over two stories in height.

Page 18.50-14


2. Intent of the Master Sign Program.

a) A master sign program shall provide a means of flexible application of the sign regulations to large, unique, or sensitive developments so as to encourage maximum incentive and latitude in the design and display of signs in order to achieve the intent of the sign regulations. This shall be accomplished by requiring the following:

i. Sign color is compatible with building color. In general, limit the number of colors to be utilized on a single sign to no more than two colors, excluding logos, and limit the number of sign colors to be utilized by the development to no more than six colors.

ii. The same type of cabinet supports or method of mounting for signs of the same type; utilize the same type of construction material for components.

iii. Signs use the same compatible forms of illumination.

iv. Creation of comprehensive and aesthetically pleasing project identification signs.

3. Application. An application for a master sign program permit shall be filed in a manner consistent with the requirements contained in Section 18.15.020, Application.

4. Review Authority.

a) Director Review. Except as otherwise provided in Subsection b below, the Planning Director shall be the designated approving authority for a master sign program.

b) Other Review Authority. If an application for a master sign program is submitted in conjunction with an application for a discretionary permit described in this chapter, the written determination shall be made by the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review.

5. Revisions. Minor revisions to a master sign program may be approved by the Planning Director or his/her designee after approval of the master sign program, if such revisions are consistent with the intent of the original approval. [Ord. 95-7 § 2; Code 1990 § 12.9.05.]


A. General Applicability. The design standards set forth in this section shall apply to all sign proposals.

B. Architectural Style. Signs shall be compatible with the design of the surrounding development. Each sign shall be designed to be consistent with the architectural style of the main building or buildings on the site.

C. Sign Relationship to Buildings. Signs shall be proportional to the scale of the development. Signs located on a site with only one main building containing an enterprise which the sign identifies shall be designed to incorporate at least one of the predominantly visual elements of such building, such as type of construction materials or color. Each sign located on a site with more than one building, such as a commercial center or other nonresidential development developed in accordance with a common development plan, shall be designed to incorporate at least one predominant visual design element common to all such buildings or a majority of the buildings.

Page 18.50-15


D. Relationship to Other Signs. Multiple freestanding signs located within a single development or parcel shall have a common design established through the use of similar sign construction materials, sign supports, method of illumination, sign cabinet or other configuration of sign area, shape of sign and components, and color and letter style of sign copy.

E. Landscaping. Each freestanding sign shall be located in a planted landscaped area of a shape, design, and size not less than the sign area.

F. Sign Copy. The name of the use or business shall be the dominant message on the sign. In the use of complex identification signs, the name/identity of the complex development shall be the dominant message on the sign, and tenant identification may be incorporated. Tenant identification on complex signs shall be limited to ensure orderly and effective signing that does not produce visual clutter. Through design review, the sign shall be reviewed in respect to the number of tenants and signage area to be compatible and consistent with the goals and intent of this chapter.

G. Sign Color and Materials. Sign colors shall be consistent with the color scheme of the development. The use of fluorescent colors or similar highly reflective material shall be prohibited. [Ord. 95-7 § 2; Code 1990 § 12.9.06.]

18.50.070 Outdoor advertising.

Outdoor adverting signs or display structures are prohibited under Chapter 18.60, Outdoor Advertising Structures. [Ord. 95-7 § 2; Code 1990 § 12.9.07.]


A. Penalties and Abatement. Any violation of the provisions of this article shall be deemed to be a continuing violation until the violation has been corrected.

1. Any person violating any of the provisions of this article shall be guilty of a misdemeanor for each and every day the violation continues to exist.

2. Notwithstanding any other provision of this chapter, the City Attorney, upon the order of the City Council, may commence an action in a court of competent jurisdiction to obtain an injunction prohibiting the construction, erection, maintenance, or display, or requiring the removal, of any sign which is in violation of any of the provisions of this chapter. In any such action, the prevailing party shall be entitled to recover costs and reasonable attorneys’ fees. All remedies set forth herein are cumulative and nonexclusive.

3. The owner or other person entitled to possession of a sign which is removed, stored, and/or destroyed pursuant to any provision of this chapter shall be liable to the City for the cost of the removal, storage, and/or destruction along with any court costs and reasonable attorneys’ fees the City may incur.

4. Any illegal sign within the city shall constitute a public nuisance and may be abated by the City in accordance with the following:

a) If the address of the owner or person in possession or control of the sign is known, notice of the City’s intention to remove and destroy the sign, stating the date after which the sign shall be removed, shall be mailed to the owner or person in possession or control, by certified mail, return receipt requested, at least 10 days before the date of removal. If the address of the owner or person in possession or control is unavailable, the notice shall be

Page 18.50-16


affixed in a conspicuous place on the sign to be removed at least 10 days before the date of removal. The notice shall set forth the applicable provision(s) of this chapter violated.

b) The owner or person in possession or control of the sign may, before the removal date stated in the notice, file a written request for hearing with the City Council. The request shall identify the sign and its location, state the name and address of the owner or person in possession or control, and set forth in detail the reasons why the sign should not be removed and destroyed.

c) If a request for hearing is filed, the City Council shall hear the matter at a regularly scheduled meeting held not more than 60 days thereafter. After the hearing, the City Council shall determine whether the sign shall be removed in accordance with this chapter. The City Council shall render a written decision within 10 days after the hearing and a copy of the decision shall be mailed to the owner or person in possession or control of the sign within seven days thereafter.

d) Notwithstanding any provision of this chapter, any illegal sign which constitutes a hazard to pedestrian or vehicular traffic may be removed immediately by the City, at the expense of the owner or people in possession or control of the sign, pending the completion of the notification and hearing procedures set forth in this section.

B. Nonconforming Signs. It is the intent of this section to recognize that the eventual elimination of existing signs that are not in conformity with the provisions of this chapter is as important as the prohibition of new signs that would violate these regulations.

1. General Requirements.

a) A nonconforming sign shall not be:

i. Altered to convey an additional or alternative message.

ii. Structurally altered to extend its useful life.

iii. Structurally expanded.

iv. Reestablished after a business discontinues for 60 days.

v. Reestablished after damage or destruction of more than 50 percent of its value, as determined by the Building and Safety Division.

b) No new sign shall be approved for a site, structure, building, or use that contains nonconforming signs, unless such nonconforming signs are removed or modified to conform with the provisions of this chapter.

c) No building permit shall be issued for any structure or building expansion or any new construction on a site which contains nonconforming signs, unless all signs on the site are brought into conformance with this chapter.

C. Nonconforming – Amortization – Period for Alteration/Removal.

1. Except as otherwise provided in this title, the following type or valued signs shall be abated or altered to comply with the requirements of this chapter within the time period specified in this section for said signs, in accordance with Business and Professions Code Section 5412. Said time periods shall commence on the effective date of the ordinance codified in this chapter. If said signs are not so abated or altered, they shall be in violation of this chapter.

Page 18.50-17


Period for Alteration/Removal of Signs

Animated signs irrespective of their type or value 2.5 years

Parcel identification sign 5 years

Enterprise identification sign 5 years

2. Within six months after the adoption of this chapter, the Planning Director shall cause an inventory and identification of all nonconforming, illegal, and abandoned signs to be made. Time periods for amortization of all said signs shall begin from the effective date of this ordinance codified in this chapter. Any sign which becomes nonconforming either by reason of amendment to this chapter or by annexation to the city shall also be subject to the provisions of this chapter. The period of time within which such sign must be abated shall commence on the effective date of such amendment or annexation.

D. Nonconforming – Amortization – Time Extension.

1. Prior to the expiration of the amortization period provided in subsection C.1 of this section, a written request may be made to the City for an extension of said amortization period on such forms as are provided by the Planning Director. The applicant shall state sufficient facts in said application to show cause why an extension of said amortization period is necessary for the particular sign so as to enable the Planning Commission to consider the factors set forth in this section prior to its determination whether to grant the requested extension. Extension requests shall be heard and considered by the Planning Commission, and the Planning Commission shall make its determination after considering the following factors in its review of the evidence:

a) The original cost of the sign.

b) The date the sign was constructed and located on the site in question.

c) The remaining economic life of the sign, which may or may not be less than the actual physical life of said sign.

d) Any unusual circumstances concerning the size, height, and location of the sign.

e) The manner in which the sign violates the sign regulations as provided in this Zoning Code.

f) Whether the immediate removal or alteration of the sign, as required by said sign regulations within the prescribed amortization period, would create unnecessary hardship on applicant, which hardship would be inconsistent with the purpose and intent of the sign regulations.

g) The effect of the continuation of the nonconforming sign beyond the amortization period on the use, value, and enjoyment of contiguous properties surrounding the site of said sign.

The Planning Director shall accept for filing an application for extension of said amortization period only after the applicant has paid to the City a fee as established by City Council resolution for defraying the costs of processing said application. The procedures provided in this section are supplementary and cumulative to those provisions of this Zoning Code relating to variances. Any person may apply for an extension of time under this chapter and make the same request by a variance application, it being the intent of this chapter that neither the procedures under this chapter nor those in this Zoning Code are mutually exclusive.

Page 18.50-18


E. Removal. Unless otherwise approved by the Planning Director in writing, removal of nonconforming signs shall be accomplished in the following manner:

1. Signs Painted on Buildings, Walls, or Fences. By removal of the paint constituting the sign or by permanently painting over it in such a way that the sign shall not thereafter be or become visible.

2. Other Signs. By removal of said signs, including dependent structures and supports, or by modification, alteration, or replacement thereof in conformity with the provisions of this chapter. [Ord. 95-7 § 2; Code 1990 § 12.9.08.]



Definitions contained in Section 18.50.020, wherever applicable, shall apply to this article [Ord. 91-9; Code 1990 § 9.3.01.]

18.50.100 Maximum area.

The maximum area for real estate signs in all zones within the city is as follows:

A. For all properties, developed or undeveloped, of less than 1 acre, one sign not to exceed 4 square feet in area may be permitted.

B. For all properties, developed or undeveloped, of 1 acre or larger, one sign not to exceed 12 square feet in area may be permitted.

C. The standards shall apply to for sale, for rent, and for lease signs. [Ord. 91-9; Code 1990 § 9.3.02.]


A. Real estate signs shall not be lighted, either directly or indirectly. The sign shall not be attached to any tree, fence post, utility pole, or any temporary or portable structure, other than a post made specifically for the sign, or to a building.

B. Real estate signs may be modified to indicate the property has been sold, leased, or rented, provided, however, that no increase in the area of the sign shall be permitted. The sign shall be removed not more than 60 days following modification of the sign.

C. Real estate signs may not be placed less than 50 feet from any other real estate sign as measured along the public right-of-way. No more than two real estate signs may be placed on any individual property.

D. The maximum height of real estate signs and supporting structures shall not exceed 6 feet above the ground level. [Ord. 91-9; Code 1990 § 9.3.03.]

18.50.120 Open house signs.

A. One on-site open house sign, 4 square feet in area, may be permitted in conjunction with the sale of a detached single-family unit.

Page 18.50-19


B. Three off-site open house signs, each 4 square feet in area, may be permitted for a period not to exceed 72 hours in conjunction with the sale of a single-family dwelling unit.

C. Subject to the approval of the Planning Director, one on-site open house sign, 4 square feet in area, may be permitted on property where units within a multiple residential structure are offered for sale, rent, or lease, for a period not to exceed 120 days. [Ord. 91-9; Code 1990 § 9.3.04.]

18.50.130 Off-site subdivision signs.

Kiosks, off-site subdivision signs, and tract signs shall not be permitted within the city unless approved by the Planning Director and subject to the following conditions:

A. No kiosk shall contain more than eight tract signs per face.

B. No kiosk shall exceed four faces.

C. No kiosk shall be greater than 9 feet in height or 5 feet in width.

D. Tract signs shall not exceed 10 inches in height and 5 feet in length.

E. Tract signs may contain the following information: name of the subdivision, developer logo, no more than four colors, and a directional arrow.

F. No tag signs, streamers, devices, display boards, or other additions may be added to or placed upon any kiosk or at any kiosk location except as may be approved in writing by the Planning Director.

G. No other directional signs, posters, or trailer signs shall be permitted.

H. Kiosks may be permitted in all land use districts on private or public property. In addition to approval by the Planning Director, kiosks on public property shall require approval by the City Engineer.

I. Each developer, or the developer’s agent, shall remove all subdivision directional signs prior to the issuance of any new sign permit.

J. All liabilities, costs, and expenses arising from the location, installation, and construction of kiosks and tract signs, and from the administration of the provisions of this section, shall be borne by the developers benefitted by the kiosks and tract signs, or their agents.

K. An off-site subdivision sign or kiosk program may be implemented and installed pursuant to an agreement entered into between the City and a contractor. If such a program is implemented, all off-site subdivision signs shall be regulated and installed pursuant to the agreement and approvals between the parties thereto. No new structures may be installed under this section without the express written consent of the Planning Director as provided under the terms of this article. [Ord. 91-9; Code 1990 § 9.3.05.]

18.50.140 Violations.

A violation of this article shall constitute an infraction. Each such violation shall constitute a separate offense for each and every day during any portion of which violation of this article occurs or continues. After two or more violations of this article, each subsequent violation shall be prosecuted as provided in Section 18.50.080, Enforcement. [Ord. 91-9; Code 1990 § 9.3.06.]

Page 18.50-20


18.50.150 Permitted signs – Residential districts.

Class Sign Type Max. No. Max. Area Max. Height Notes 1. Institutional (Church/School/Organizations)

A. < 3 acres Wall or Monument

1 [b]

1 [b]

20 sq. ft. 20 sq. ft.

[f]

5′ [c] Copy shall be limited to the name/address of the institution Sign may incorporate changeable copy

B. 3–7 acres Wall or Monument

1 [b]

1 [b] 32 sq. ft. 32 sq. ft.

[f]

5′ [c]

C. 7+ acres Wall or Monument

1 [b]

1 [b] 32 sq. ft. 32 sq. ft.

[f]

5′ [c]

2. Agricultural Wall or Monument

1 [a]

1 [b] 20 sq. ft. 32 sq. ft.

[f]

5′ [c]

3. General Nonresidential

Wall or Monument

1 [a]

1 [b] 20 sq. ft. 32 sq. ft.

[f]

5′ [c] Signs shall not be internally lighted

4. Community Identification – Multifamily

A. <40 units Wall or

Monument

1 [d]

2 max. 1 [d]

2 max.

20 sq. ft.

20 sq. ft

[e], [f]

5′ [c]

Copy shall be limited to project name, address, and manager’s number

B. 40+ units Wall or

Monument

1 [d]

2 max. 1 [d]

2 max.

32 sq. ft.

32 sq. ft.

[e], [f]

5′ [c]

C. On-site directory

Wall or Monument

1 [g] 1 [g]

12 sq. ft. 12 sq. ft.

[e], [f]

5. Community Identification – Mobile Home Parks, Subdivisions

Wall or Monument

2 [g] 2 [g]

20 sq. ft. 20 sq. ft.

6′ [e], [f] 4′ [c]

Copy shall be limited to the name/address of the mobile home park/subdivision

6. Community Identification – Single-Family Residential Subdivisions

Wall or Monument

2 [g] 2 [g]

20 sq. ft. 20 sq. ft.

6′ wall 4′ [c]

Copy shall be limited to the name and/or logo of the subdivision

7. Community Identification – Specific Plans

Subject to design review. Specific plans (or master planned communities) which have signage for the purpose of community identification shall be approved through the development design guidelines or a master sign program for the specific plan.

Page 18.50-21


Class Sign Type Max. No. Max. Area Max. Height Notes 8. Miscellaneous Nonresidential

Subject to design review. Any miscellaneous nonresidential uses located within a residential zone district shall substantially conform to the signage requirements of the district and shall be subject to design review.

Notes: [a] Per occupant/tenant [b] Per site/parcel [c] Per finished grade [d] Per street frontage [e] Max. 20 feet from finished grade [f] Below roofline [g] Per major entrance [h] Per development [i] Per building frontage [j] 1:1 ratio – 1 square foot of sign area per linear foot of building frontage [k] 1:2 ratio – 1 square foot of sign area per every 2 linear feet of building frontage [Code 1990 Ch. 12.9, Table 1.]

18.50.160 Permitted signs – Office/commercial districts.

Class Sign Type Max. No. Max. Area Max. Height Notes 1. Office Uses* – Tenant Identification (Single-Tenant Buildings, Including Pad Tenants)

Wall or

Monument

1[i]

2 max. 1 [d]

1:1[J] 100 sq. ft.

max. 20 sq. ft

[e], [f]

4′ [c] A combination wall/ monument sign may be used; however, a maximum of 3 signs may be used to identify name and/or logo of tenant

2. Office Uses* – Small Complex (2–10 Tenants)

A. Complex identification

Wall or

Monument

1[i] 2 max. 1[d] 2 max.

1:1 [j] 50 sq. ft.

max. 32 sq. ft.

[e], [f]

5′ [c]

Sign copy may identify name and/or logo of the development

B. Tenant identification Wall 1[i] 2 max. 1:1 [j] 100 sq. ft. max.

[e], [f] Tenant signs shall identify name and/or logo

3. Office Uses* – Large Complex (10+ Tenants)


Wall or

Monument

1 [i] 2 max.

1[d] 2 max.

1:1 [j] 75 sq. ft.

max. 50 sq. ft.

[e], [f]

5′ [c]


B. Tenant identification Wall 1[i] 2 max. 1:1[j] 100 sq. ft.

max.


Page 18.50-22


Class Sign Type Max. No. Max. Area Max. Height Notes 4. Office Uses* – Office Park (10+ Acres)

Subject to design review. Large office park developments shall substantially conform to the sign regulations of this chapter, and shall be approved through the development review process/master sign program process.

*All office uses which contain two or more tenants shall be required to submit a master sign program that encompasses the entire development/site. The master sign program shall be in compliance with the sign regulations as indicated by this chapter. All signage for the development shall be in compliance with the approved master sign program.

5. Commercial Uses** – Tenant Identification (Single-Tenant Buildings, Including Pad Tenants)

A. Small tenants (<10,000 sq. ft. of building area)

Wall

Monument

1 [i]

2 max. 1 [d]

2 max.

1:1 [j] 100 sq. ft.

max. 20 sq. ft.

[e], [f]

4′ [c]

Tenant signs shall identify name and/or logo

B. Median tenants (10,000–30,000 sq. ft. of building area)

Wall and

Monument

1 [i] 2 max.

1 [d] 2 max.

1:1 [j] 100 sq. ft.

max. 32 sq. ft.

[e], [f]

5′ [c]

A combination wall/ monument sign may be used, but no more than 3 signs may be used

C. Large tenants (30,000+ sq. ft. of building area)

Wall and

Monument 2 max.

1 [i]

2 max. 1 [d]

1:1 [j] 150 sq. ft.

max. 50 sq. ft.

[e], [f]

5′ [c]

6. Commercial Uses** – Small Complex (<5 Acres)


Wall or

Monument

1 [i] 2 max.

1 [d] 2 max.

1:1 [j] 75 sq. ft.

max. 32 sq. ft.

[e], [f]

6′ [c]


B. Tenant identification Wall 1 [i] 1:1 [j] 2 max.

[e], [f]

100 sq. ft. max.


7. Commercial Uses** – Median Complex (5 to 15 Acres)


Wall

Monument

Pylon

1 [i] 2 max.

1 [d]

2 max. 1 [d]

2 max.

1:1[j]

100 sq. ft. max.

100 sq. ft.

1:1 [j]

[e], [f]

6′ [c]

20′ [c]


B. Tenant identification Wall 1 [i]

2 max. [e], [f]

100 sq. ft. max.


Page 18.50-23


Class Sign Type Max. No. Max. Area Max. Height Notes 8. Commercial Uses** – Large Complex (15–25 Acres)


Wall

Monument

Pylon

1 [i] 2 max.

1 [d] 2 max.

1 [d] 2 max.

1:1 [j] 100 sq. ft.

max. 75 sq. ft.

150 sq. ft

[e], [f]

8′ [c]

20′ [c]


B. Tenant identification Wall 1 [i] 2 max.

1:1 [j] 100 sq. ft.

max.


9. Commercial Uses** – Community Center (25+ Acres)

Subject to design review. Large community center developments shall substantially conform to the sign regulations of this chapter, and shall be approved through the development review process/master sign program process.

** All commercial uses which contain two or more tenants shall be required to submit a master sign program that encompasses the entire development/site. The master sign program shall be in compliance with the sign regulations as indicated by this chapter. All signage for the development shall be in compliance with the approved master sign program.

10. Pole Signs*** Retail Establishments

Pole 1 [b] 80 sq. ft. 45′ [c] One sign cabinet per major anchor tenant. Refer to location criteria below.

Location Criteria: Located within 1,320 feet (one-quarter-mile radius) from freeway interchange as determined by the following formula: 1,320 feet (one-quarter-mile radius) from the intersection of the freeway and cross-street centerline. Any retail establishment on a parcel located within this radius may construct a pole sign. ***All retail commercial uses which intend to utilize a pole sign shall be required to submit a master sign program that encompasses the entire development/site. The master sign program shall be subject to development plan review and approval by the Planning Commission and must be in compliance with the sign regulations as indicated by this chapter. All signage for the development shall be in compliance with the approved master sign program.

11. High-Rise Buildings (3+ Stories) Subject to design review. High-rise building developments shall substantially conform to the sign regulations of this chapter, and shall be approved through the development review process/master sign program process.

Notes: [a] Per occupant/tenant [b] Per site/parcel [c] Per finished grade [d] Per street frontage [e] Max. 20 feet from finished grade [f] Below roofline [g] Per major entrance [h] Per development

Page 18.50-24


[i] Per building frontage [j] 1:1 ratio – 1 square foot of sign area per linear foot of building frontage [k] 1:2 ratio – 1 square foot of sign area per every 2 linear feet of building frontage [Code 1990 Ch. 12.9, Table 2.]

18.50.170 Permitted signs – Industrial/manufacturing districts.

Class Sign Type Max. No. Max Area Max Height Notes 1. Industrial Uses* – Tenant Identification (Single-Tenant Buildings, Including Pad Tenants)

A. Small tenants (<5 acres)

Wall

and

Monument

1 [i] 2 max.

1 [d]

2 max.

1:1[j] 100 sq. ft. max. 20 sq.

ft.

[e], [f]

5′ [c]


B. Median tenants (5–15 acres)

Wall

and

Monument

1 [i]

2 max.

1 [d]

2 max.

1:1 [j] 100 sq. ft. max.

32 sq.

ft.

[e], [f]

6′ [c]

A combination wall/monument sign may be used, but no more than 3 signs may be used

C. Large tenants (15+ acres)

Wall

and

Monument

1 [i]

2 max.

1 [d] 2 max.

1:1 [j] 150 sq. ft. max.

50 sq.

ft.

[e], [f]

7′ [c]

2. Industrial Uses* — Small Complex (<10 Acres)


Wall

or

Monument

1 [i] 2 max.

1 [d]

2 max.

1:2 [k] 50 sq.

ft. max.

20 sq. ft.

[e], [f]

5′ [c]


B. Tenant identification

Wall 1 [i] 2 max.

1:2 [k]

50 sq. ft. max.


Page 18.50-25


Class Sign Type Max. No. Max Area Max Height Notes 3. Industrial Uses* — Large Complex (10–25 Acres)


Wall

or

Monument

1 [i] 2 max.

1 [d]

2 max.

1:2 [k] 100 sq. ft. max.

32 sq.

ft.

[e], [f]

6′ [c]


B. Tenant identification

Wall 1 [i] 2 max.

1:2 [k] 50 sq.

ft. max.


4. Industrial Uses* — Industrial Park (25+ Acres)

Subject to design review. Large industrial park developments shall substantially conform to the sign regulations of this chapter, and shall be approved through the development review process/master sign program process.

*All industrial uses which contain two or more tenants shall be required to submit a master sign program that encompasses the entire development/site. The master sign program shall be in compliance with the sign regulations as indicated by this chapter. All signage for the development shall be in compliance with the approved master sign program.

5. High-Rise Buildings (3+ Stories)

Subject to design review. High-rise building developments shall substantially conform to the sign regulations of this chapter, and shall be approved through the development review process/master sign program process.

Notes: [a] Per occupant/tenant [b] Per site/parcel [c] Per finished grade [d] Per street frontage [e] Max. 20 feet from finished grade [f] Below roofline [g] Per major entrance [h] Per development [i] Per building frontage [j] 1:1 ratio – 1 square foot of sign area per linear foot of building frontage [k] 1:2 ratio – 1 square foot of sign area per every 2 linear feet of building frontage [Code 1990 Ch. 12.9, Table 3.]

18.50.180 Permitted signs – public/semi-public districts.

Class Sign Type Max. No. Max. Area Max. Height Notes 1. Facility Identification Subject to design review.

Public and semi-public facility developments shall substantially conform to the sign regulations of this chapter, and shall be approved through the development review process/master sign program process.

[Code 1990 Ch. 12.9, Table 4.]

Page 18.50-26


Chapter 18.55 HILLSIDE DEVELOPMENT REGULATIONS

Sections:

18.55.010 Purpose.


18.55.030 Exceptions.

18.55.040 Hillside classifications.

18.55.050 Ridgeline preservation.

18.55.060 Average slope calculations.

18.55.070 Design criteria for open space.

18.55.080 Clustering and density transfer.

18.55.090 Grading.

18.55.100 Prohibited development areas.

18.55.110 Retaining walls/fences.

18.55.120 Architectural standards.

18.55.130 Drainage.

18.55.140 Hillside street development standards.

18.55.150 Application submittal.

18.55.160 Action of the Planning Director.

18.55.170 Action of the Planning Commission.

18.55.180 Issuance of grading permit.


18.55.200 Severability.

18.55.010 Purpose.

The purpose of this chapter is to reduce impacts of development in hillside areas and ensure that the hillsides are developed in an environmentally sensitive manner which protects the public health, safety, and welfare. These regulations are intended to minimize the alteration, reduction, and removal of the natural setting and create a more desirable living environment by creating design standards and criteria for hillside development. This chapter is intended to advance the following policies:

Page 18.55-1


A. Conserve the major ridgelines, valleys, and slopes which give Calimesa its distinctive character.

B. Discourage major disruption of natural slope areas for the creation of large flat house pads and similar terraces.

C. Create open spaces which are directly proportional to the steepness of terrain; i.e., the greater the percentage of slope, the greater the amount of open space.

D. Site dwellings and other structures in a manner which is compatible with significant rock outcroppings, natural drainage patterns, and physical landforms through sensitive grading design, architecture, and foundation design techniques.

E. Encourage that dwellings be designed to fit steep terrain, rather than designing terrain to fit house design.

F. Provide safe vehicular circulation patterns for residents and safety and service providers.

G. Utilize landscape design to enhance slope stability and to soften grading through the selection of appropriately sized (when mature) and appropriately placed plant materials. [Ord. 94-6; Code 1990 § 9.15.07.]

[Ord. 94-6; Code 1990 § 9.15.01.]


A. These standards shall apply to all developments and structures, including single-family residences, located on any property that contains slopes of 16 percent or greater. Any property which borders mountainous or hillside areas must prepare a slope map to determine if these regulations apply. Not all hillside or valley areas of the city may be worthy of such protection, as determined by City staff and the Planning Commission, by virtue of limited size, minimum visual impact on the overall community, minimum environmental sensitivity, minimum hazard to the public health, safety, and welfare, and other similar factors.

B. All development applications, buildings, structures, and uses located in the hillside development area are subject to this chapter, except those listed in Section 18.55.030, Exceptions. The hillside development regulations, when applied, shall take precedence over the underlying zone and may be incorporated into specific plans.

C. Should any conflict arise in the processing of a development application within the hillside development areas with various provisions of the zoning regulations and this standard, the Planning Commission and the City Council shall give preference to those provisions of this chapter which protect the natural environment of such hillside areas against change. Such provisions include the use of clustering, density transfers, smaller lot sizes, reduced setbacks through application of an PRD (Planned Residential Development) overlay zone, and other provisions as identified in this chapter. [Ord. 94-6; Code 1990 § 9.15.03.]

18.55.030 Exceptions.

The following shall be exempt from the provisions of this chapter:

A. Lot line adjustments.

Page 18.55-2


B. Projects for which tentative tract, tentative parcel maps, or development plan review applications have been approved by the Planning Commission or the City Council prior to the effective date of the ordinance codified in this section. [Ord. 214 § 2, 2004; Ord. 94-6; Code 1990 § 9.15.05.]

C. Buildings, structures, and uses lawfully in existence as of the effective date of this chapter shall be considered nonconforming uses, except new additions that have not received approval prior to the effective date shall be subject to the provisions of this chapter.

18.55.040 Hillside classifications.

Hillside classifications have been established to identify significant categories relative to hillside development. These categories have been classified in terms of average slope types with respect to different topography categories, as follows:

Slope Type 0%–15%* Flat, gentle, rolling land

16%–20%

Hillside

21%–25%

Steep hillside

26%–30%

Very steep hillside

31%–45%

Mountainside terrain

46%+ Rugged mountainside terrain *This classification is exempted from the provisions of this chapter.

A. Slopes of 0 to 15 Percent. Slopes of 0 to 15 percent consist of flat, gentle, or rolling land and are exempted from this chapter.

1. Flat land is defined as slopes of 0 to 5 percent. Slopes of 0 to 5 percent normally pose no major restriction to development, except in terms of landscaping and maintenance for the small amounts of slope created

2. Gentle land is defined as slopes of 6 to 10 percent. Slopes of 6 to 10 percent are flexible as to local road orientation and site layout. There are generally no significant constraints associated with this category, but it is more restrictive than flat land.

3. Rolling land is defined as slopes of 11 to 15 percent. Slopes of 11 to 15 percent are significantly affected in terms of road alignment in that roads will normally be required to parallel contours. More significant grading is required to create flat pad areas, and the orientation of site planning, such as orienting pads, begins to be restricted in terms of access and the ability to grade flat sites.

B. Slopes of 16 Percent and Above. Slopes of 16 percent and above consist of hillside and mountainside areas where developments in these areas are subject to the requirements of this chapter.

C. Slopes of 16 to 30 Percent. In hillside areas with slopes of 16 to 20 percent, 21 to 25 percent, or 26 to 30 percent, the required quantities of earthwork necessary for grading to create flat pads increase dramatically, as does the significance of view opportunities and visual prominence.

D. Development in areas with slopes of 16 percent and above shall require a hillside development review and include contour grading of the project site.

Page 18.55-3


E. Slopes of 31 to 45 Percent. In mountainside areas with slopes of 31 to 45 percent, both access and the ability to create pads using 2:1 slopes are severely restricted.

F. Slopes of 46 Percent or Greater. In areas with average slopes of 46 percent or greater, development is discouraged. Without the use of retaining walls, access is very difficult and the grading of pads on side slopes of 46 percent or greater is virtually impossible without massive grading that would involve cutting hilltop areas and filling the valleys. [Ord. 94-6; Code 1990 § 9.15.08.]

18.55.050 Ridgeline preservation.

Any property with a ridgeline shall provide a view analysis and comply with the development standards listed in Subsection A.1 below.

A. Ridgeline View Analysis.

1. The ridgeline view analysis depicting “before-and-after” construction conditions shall contain a minimum of three selected vantage points showing a precise depiction of the potential visual impacts of the proposed development. The selection of vantage points shall be determined by the Planning Director.

2. The technology may incorporate the use of a three-dimensional computer model or photographs incorporating and utilizing a height reference (either reference poles or chalk lines) of the proposed development in order to display the impact of development on ridgeline views.

B. Development requirements for ridgeline preservation are:

1. No structure shall be permitted within 150 feet of horizontal distance from the centerline of ridgelines as identified in the General Plan, and no finished pad shall be allowed within 50 feet of the top elevation of the ridge.

2. The contour elevation on each of the ridgelines designated for preservation, above which no development will occur, shall be identified.

3. No more than 50 percent of the proposed development shall obscure the ridgeline view from the foothill area. The Planning Director shall determine selected vantage points from which to make this determination.

4. Ridgeline preservation areas shall be determined within each project where development will be prohibited by the City Engineer and the Planning Director. [Ord. 94-6; Code 1990 § 9.15.09.]

18.55.060 Average slope calculations.

A. Slope Calculation Method. The formula for calculating average slopes for any given site shall be as follows:

Average Cross Slope = I x L x 0.0023A I = Contour Interval L = Contour Length 0.0023 = Constant to Convert Square Feet to Acres and Slope to Percent A = Acres

Page 18.55-4


B. Varying Slopes. Where there is a dramatically different slope character in the topography of any one site, the site may be divided into several distinct areas and the average slope calculated separately, at the discretion of the Planning Director. [Ord. 94-6; Code 1990 § 9.15.10.]

C. Slope Map. A slope map shall be prepared and submitted with any residential development application. The slope map shall include information as required in Section 18.55.180, Issuance of grading permit, together with the following information:

1. A topographic map of the proposed project area and all adjoining properties within 150 feet, at a scale of not less than 1 inch to 200 feet. The contour interval shall be not more than 2 feet, except that the contour interval may be 5 feet if the general slope is more than 10 percent. The topographic map shall be prepared and certified by a registered civil engineer.

2. Land within each slope category, e.g., 0 to 15 percent, shall be delineated. The area in acres shall be tabulated for each category.

18.55.070 Design criteria for open space.

A. Open Space Requirement. Preservation of open space in a development project is based on the steepness of the slope of the land. The slope-open space relationship table below is to be used to determine open space requirements for development projects.

B. The slope-open space relationship table below is designed so that as the steepness of the land increases, the open space requirement increases. One column defines the percentages of slope within a project that are to be categorized. The other column indicates the proportion of each slope category that must be left as natural open space.

C. Slope-Open Space Relationship.

Average Slope Category (%)

Minimum Percentage of Natural Open Space[1]

0–15 0

16–20 20

21–25 35

26–30 50

31–45 75

46+ 90 [1] Within natural open spaces, vegetation introduced for agricultural purposes may be removed and the area revegetated.

D. Open Space Calculation. The amount of land to be left in natural open space for any given project shall be computed by multiplying the number of acres of the project area within each average slope category by the required percentage of natural open space for that category. The totals for each category shall then be summed to yield the total natural open space requirement for the project. [Ord. 94-6; Code 1990 § 9.15.11.]

E. In areas of 45 percent slope or greater, density transfers are encouraged under the provisions of the PRD (Planned Residential Development) overlay zone.

Page 18.55-5


F. Other public health, safety, or welfare considerations could also increase the open space requirements for a project.

G. Exemption. This section does not apply to projects that fall within Section 18.55.050, Ridgeline preservation.

18.55.080 Clustering and density transfer.

The City of Calimesa encourages the use of PRD (Planned Residential Development) overlay zones to reduce development impacts in hillside areas and preserve natural scenic beauty through the encouragement of integrated planning, integrated design, and unified control of development.

A. The process of clustering and density transfer is allowed under the provisions of a PRD (Planned Residential Development) overlay zone which encourages development on rugged environmentally sensitive terrain to be concentrated, clustered, or intensified in the most appropriate areas of the site. Density transfers are allowed from one portion of a site to another.

B. The PRD (Planned Residential Development) overlay must be processed concurrently with the application for development. Density bonuses, up to 10 percent above that indicated in the General Plan land use district, may be granted by the City if one or more of the following are provided as part of the PRD (Planned Residential Development) application:

1. A publicly valuable resource is provided, preserved, or enhanced.

2. A public or quasi-public item is provided above and beyond normal expectations.

3. An amenity, convenience, or excellence in design is provided above and beyond the normal expectations.

C. In all cases, the granting of density bonuses must further the purpose and intent of residential planned development provisions of the Zoning Code and the General Plan. [Ord. 94-6; Code 1990 § 9.15.12.]

18.55.090 Grading.

A. Grading operations shall be prohibited unless an erosion control plan has been submitted and approved by the City Engineer to avoid adverse effects caused by rain, wind, or other weather conditions.

B. Grading shall be phased so that prompt revegetation or construction will control erosion.

C. All graded areas, slopes, and pads shall be temporarily and/or permanently irrigated and planted with hydroseed or equal prior to final landscaping, according to approved plans.

D. Irrigation and planting shall take place within 30 days after the grading operation or phase is complete.

E. Where possible, only those areas which will be built on, resurfaced, or landscaped shall be disturbed. Contour grading, required on areas of 16 percent slope and greater, shall be designed to the satisfaction of the City Engineer. This requirement may be waived on small or insignificant portions of the project site pending review by the City Engineer and the Planning Director.

Page 18.55-6


F. Slope Placement. Design and placement of structures shall be in harmony with and respond to both the cross-sectional slope and the silhouette contour of the hillsides. The following design standards shall be applied:

1. A majority of the roof pitches and gable ends shall generally be placed to angle with the slope and not 90 degrees to the slope.

2. Variation shall be provided to avoid a consistently monotonous application.

3. Collective mass roof lines shall reflect the naturally occurring ridgeline silhouettes and topographical variation, or create an overall variety, that blends with the hillside.

G. Slope Maintenance.

1. No tentative subdivision map shall be approved unless conditioned upon the preparation and recordation of a declaration of covenants, conditions, and restrictions or participation in a lighting, landscape, and maintenance subarea or other City-approved arrangement providing for the development and maintenance of slopes, as required by the hillside development regulations.

2. No tentative subdivision map shall be approved unless conditioned upon the subdivider supplying a program and/or staff for preventative maintenance of major manufactured slope areas. Such program shall be approved prior to approval of a final map and shall include homeowner slope maintenance requirements and guidelines to be incorporated into the declaration of covenants, conditions, and restrictions or participation in a lighting, landscape, and maintenance subarea or other City-approved arrangement.

H. The maximum grade of cut-and-fill slopes shall not exceed 2:1, and preferably 3:1 for fill slopes. The cut-and-fill slope may be as steep as 1.5:1 with a soils engineer approval, and review and approval by the City Engineer and the Planning Director.

I. Landscaping and automatic sprinkler systems shall be required on all cut-and-fill slopes, including single-family residential. The design of the landscaping shall conform to Chapter 18.70, Landscape Requirements, and Chapter 18.75, Water Conservation for Landscaping.

J. Curb cuts shall not be installed on any lot until specific house plans have been approved for the lot. However, this requirement may be waived if sidewalks are installed with curb and gutter.

K. The maximum slope height shall be as follows:

1. A maximum of 30 feet between pads or between roads and pads or between two roads, or a maximum of 30 feet of cut and fill area which ties into natural grade for a road or a pad.

2. All slopes shall be rounded at the top and the toe of the slope to a maximum of 15 feet radius.

3. Cut-and-fill slopes for roads may exceed the requirement of this section, upon approval of the City Engineer and the Planning Director when special circumstances exist and when impacts can be mitigated.

Page 18.55-7


18.55.100 Prohibited development areas.

A. Developments are prohibited in the following areas:

1. Within 75 feet of any natural body of water identified for preservation in the Calimesa General Plan.

2. In geologic hazard areas, or any other area identified to be unsafe in a soils and geologic report as identified in the General Plan.

3. In environmentally sensitive areas, as identified in the General Plan.

4. In ridgeline areas identified in the Calimesa General Plan for preservation.

5. In areas subject to flooding or other hazards, as identified in the General Plan.

18.55.110 Retaining walls/fences.

A. Retaining Walls.

1. Retaining walls on the upslope (from a building or structure) on a lot shall be a maximum of 6 feet in height.

2. Retaining walls on the downslope (from a building or structure) facing the public right-of-way shall not exceed 3 feet in height.

3. Terraced walls may be used with planters in between the walls to soften the effects within a minimum horizontal spacing of 3 feet. Terraced walls shall not exceed 3 feet in height.

4. Retaining walls adjacent to roadways shall be a maximum of 4 feet high, or a total of 6 feet if two 3-foot walls are used in combination with a minimum horizontal spacing of 3 feet. Height and spacing variations may be granted on review by the City Engineer and the Planning Director.

5. Retaining walls which are an integral part of a building or structure shall not exceed 8 feet in height. Visual impacts of such a building or structure shall be mitigated through contour grading and landscaping techniques as approved by the Planning Commission.

6. Retaining walls shall be designed with smooth, continuous lines that conform to the topography.

B. Fences and Walls.

1. Fencing of individual lots shall be discouraged on natural slope areas exceeding 16 percent slope. View fences or other unique architectural designs may be permitted with the approval of the Planning Director once justification has been proven.

2. Fencing of individual lots shall be allowed on manufactured or graded slopes where the homeowner has maintenance responsibilities.

3. No individual lot fencing shall be allowed on common or open space graded slopes.

4. Privacy walls and fences, not exceeding 6 feet in height, are permitted adjacent to structures in order to provide a private outdoor area. All fences which are adjacent to or visible from public roads or major public spaces shall be constructed of decorative masonry or other approved materials with a preference to use of indigenous rock and colors of materials which blend with the surrounding landscape.

Page 18.55-8


5. Freestanding walls integral to a structure shall be of the same material and design as the structure. The height of such walls shall not exceed 6 feet.

6. Freestanding wall setbacks along front yards shall be varied to avoid creating an unbroken, uniform streetscape. The height of such walls shall not exceed 4 feet.

7. Continuous rear yard fences and walls across tops of slopes shall be view fences and walls and shall be coordinated in design and use of materials.

8. Wall setbacks on slopes shall not allow more than 4 feet of solid wall to show above the sight line projected along the slope angle. [Ord. 94-6; Code 1990 § 9.15.14.]

18.55.120 Architectural standards.

All applications for approval of final building design shall comply with this chapter. The provisions in this section shall apply to all structures except existing structures for which a valid building permit has been issued.

A. Building Envelope/Setback and Height.

1. A minimum setback of 30 feet from top of slope or an average setback of 30 feet shall be provided from the edge of the pad where the structure is in the viewshed. Setbacks and building heights shall be varied from the top of 2:1 slopes to maintain ratios of 3:1 below ridgelines identified for preservation.

2. A minimum of 50 percent of the units shall be single-story when the housing is in the public view from arterial roads and major public spaces. Where two-story units are utilized, they shall be architecturally designed so that only one story is exposed to public view.

3. Below ridgelines identified for preservation, a variety of spacing between units shall be provided, at a minimum ratio of 0.5:1 (building setback to property line to building height).

B. Setbacks Reduction of the Underlying Zone.

1. Minimizing required setbacks, especially front and rear setbacks (when homes are not located at the top of slopes), may reduce grading by reducing the overall width of road and structure arrangements. Reduced setbacks also help to give the streetscape a more human scale.

2. Setbacks reduction shall be approved by the City Engineer and the Planning Director. Before applying reduced setbacks to a structure, it shall be demonstrated that grading will be reduced, while still providing for useful private space for the occupant of the structure as part of the site. Varying the use of reduced and standard setbacks will allow the flexibility to adapt to hillside features and avoid monotonous application of a consistent standard. [Ord. 94-6; Code 1990 § 9.15.13.]

C. Building Form.

1. Structures shall be designed to minimize creation of flat pads. Single-family units shall be compact and split-level if possible. Multifamily units shall be designed with two stories up-slope and three stories down-slope.

2. Building forms shall be scaled to the particular environmental setting so as to complement the hillside character and to avoid excessively massive forms that fail to enhance the hillside character. Building facades shall change plane or use overhangs as a means to create diversity to further break up massive forms.

Page 18.55-9


3. Roof lines shall relate to the slope and topography. Totally flat roof lines shall be allowed only on single-story dwellings.

D. Building Exteriors.

1. Colors of the building shall be selected to blend with the natural colors and hues of the surrounding hillsides. A color palette shall include browns, greens, grays, and other earth tones.

2. Reflective coatings such as chrome or glass and bright colors shall be used only if it has been demonstrated that the structures will not become distracting features in the hillside environment.

3. Surface materials shall be rough-textured to blend with the coarseness of landscaping and natural vegetation. Textured stucco, wood, earth-tone brick, and coarse block are appropriate.

4. A harmonious mixture of materials, colors, and forms, combined to achieve a mottled effect, shall be used to blend with the natural hillside.

5. Roof materials shall be of rough-textured, fire-retardant material. Wood shingles are prohibited. Roof colors shall be darker tones, including browns, black, greens, dark grays, and terra cotta. Bright colors shall be avoided. Special attention to coordinating roof design is important because of the dominant appearance of roofs in the landscape.

E. Architectural Elements.

1. In deck construction, the distance between structure and grade shall conform to the natural hillside profile as much as possible. Excessively high distances between structure and grade shall be prohibited. [Ord. 94-6; Code 1990 § 9.15.15.]

18.55.130 Drainage.

A. Building and grading permits shall not be issued for construction on any site without an approved location for disposal of runoff waters, including but not limited to such facilities as a drainage channel, detention basin, public street or alley, or private drainage easement. The following drainage components shall be utilized to complement standard engineering practice and County flood control standards:

1. Debris basins, riprap, and energy-dissipating devices shall be provided where necessary to reduce erosion when grading is undertaken.

2. Except for necessary flood control facilities, significant natural drainage courses shall be protected from grading activity and manmade facilities.

3. In instances where crossing is required, a natural crossing and bank protection shall be preferred over steel and concrete systems.

4. Where brow ditches are required, they shall be naturalized with plant materials and native rocks.

5. All cuts shall be drained.

6. The use of drainage across lots is permitted, subject to review and approval by the City Engineer based on the following findings:

a) This method will not adversely affect the proposed lots or adjacent properties; and

Page 18.55-10


b) This method is required in order to minimize the amount of grading which would result with conventional drainage practices.

7. Where drainage across lots is utilized, the following shall apply:

a) Project Interiors.

i. One lot may drain across one other lot if an easement is provided within an improved, open V-swale gutter which has a naturalized appearance, or within a closed drainage pipe which shall be a minimum 12 inches in diameter. In both cases, an integral wall shall be constructed.

ii. This drainage shall be conveyed to either a public street or to a drainage easement. If drainage is conveyed to a private easement, it shall be maintained by a homeowners association; otherwise the drainage shall be conveyed to a public easement. The easement width shall be determined on an individual basis and shall be dependent on appropriate hydrologic studies and access requirements.

b) Project Boundaries.

i. On-site drainage shall be conveyed in an improved open V-swale gutter which has a naturalized appearance, or within an underground pipe in either a private drainage easement, which is to be maintained by a homeowners association or other approved mechanism, or in a public easement. The easement width shall be determined on an individual basis and shall be dependent on appropriate hydrologic studies and access requirements.

ii. Where possible, drainage channels should be placed in inconspicuous locations. More importantly, they should receive a naturalizing treatment, including native rock, colored concrete, and landscaping, so that the structure appears as an integral part of the environment.

8. Natural drainage courses should be preserved and enhanced to the extent possible. Natural drainage and terrain features should be incorporated as an integral part of the project design. [Ord. 94-6; Code 1990 § 9.15.16.]

18.55.140 Hillside street development standards.

A. Objectives.

1. Provide for a safe means of ingress and egress of vehicular and pedestrian traffic to and within the hillside areas, and provide for access of emergency and service vehicles necessary to serve the hillside areas.

2. Encourage developments which will result in preservation of the natural character of the hillside and the amenities provided by the hillside areas.

3. Reduce the scarring effects of hillside street construction, while maintaining an acceptable level of safety against unstable slopes or slopes subject to erosion and deterioration.

4. Provide for the most economical construction of the necessary streets within the hillside areas, consistent with the objectives enumerated above.

B. Principles and Standards.

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1. These street standards shall not be imposed upon subdivisions comprising lots of 10 acres or more in size. Appropriate street standards shall be developed by the City Engineer and the Planning Director for larger lot subdivisions.

2. Curbs. Vertical curbs of portland cement concrete 6 inches minimum in height shall be constructed on both sides of all public streets.

a) Curbs which serve to carry storm runoff shall be constructed with an integral portland cement concrete gutter.

b) Exceptions to this requirement may be permitted, with approval of the City Engineer, where the Planning Commission finds that adequate drainage and traffic control are provided and normal maintenance would not be impaired.

3. Parking Lanes. Parking lanes, 8 feet in width, shall be provided on at least one side on all public streets except where existing topography renders development of such areas adjacent to the street to be impractical or where off-street parking spaces are provided on each lot adjacent to the street or in parking bays.

a) Roads without parking lanes shall be provided with emergency parking stalls adequate to contain two vehicles and spaced at an average distance of 500 feet.

4. Horizontal and Vertical Curves. The design of all streets shall incorporate horizontal and vertical curves adequate to provide safe vehicular travel.

a) The minimum horizontal curve radius shall be 100 feet on minor residential streets and 150 feet on all other residential streets. The minimum length of vertical curve shall be 100 feet where practical.

b) Collector streets and thoroughfares shall be designed to incorporate vertical and horizontal curves greater than the minimums for residential streets in order to provide for increased traffic flow and vehicle speeds on such collector streets and thoroughfares.

c) The paved width of one-way streets shall be increased as necessary to provide for safe movement of traffic at sharp curves.

5. Cut-and-Fill Slopes. All manufactured slopes adjacent to roadways shall normally be a maximum of two horizontal to one vertical (2:1), unless limited by existing topography or constructed in rock, pursuant to the recommendations of a soils engineer.

6. Erosion Control. All manufactured slopes, other than those constructed in rock, shall be planted or otherwise protected from the effects of storm runoff erosion, and shall be benched or terraced as required to provide adequate slope stability. Irrigation facilities are required to provide for proper maintenance of the planted area.

7. Storm Drainage. The design of storm drainage facilities shall ensure the acceptance and disposal of storm runoff without damage to the street or to adjacent properties. The use of special structures to accept storm runoff shall be incorporated into the street design.

8. Walkways. Walkways of 5.5 feet in width shall be provided along or in the proximity of all public streets, and along private streets as determined by the City to be necessary.

a) Walkways shall be constructed of materials suitable for use in the particular area and shall be located as necessary to provide maximum pedestrian safety and maximum conservation of the character of the hill area.

Page 18.55-12


b) Materials used for walkway construction shall not result in abnormal maintenance expense to the taxpayers.

9. Hillside Streets Geometries. The following minimum dimensions are to be utilized in the design of hillside streets:

a) Local mountain residential streets located in steeper slope areas shall have 40 feet of public right-of-way with 28 feet of paving. Location and placement of these streets shall be reviewed by the City Engineer and the Planning Director.

b) Minor residential streets (serving 25 or fewer residences) shall have 50 feet of public right-of-way with 36 feet of paving.

c) Residential streets (serving more than 25 residences) shall have 60 feet of public right-of-way with 40 feet of paving.

d) Collector streets shall have 66 feet of public right-of-way with 44 feet of paving.

e) Cul-de-sac streets in areas of 16 percent and greater shall not exceed 600 feet in length. Cul-de-sac streets in areas of less than 16 percent shall not exceed 1,320 feet in length. This standard applies to private and public streets.

f) All other road classifications shall conform to adopted City of Calimesa standards.

g) The use of split-level, one-way streets shall be encouraged, when approved by the City Engineer and the Planning Director, where the use of such design will result in a more efficient use of the existing terrain or will minimize the scarring effects of grading on the hillside.

h) When the established alignment of a road does not conform to the natural contours of slopes, excessively long stretches of manufactured straight embankments shall not be permitted; rather, the undulation of embankment slopes shall be provided. Manufactured slope faces shall be varied to avoid excessive flat-planed surfaces. Right-of-way widths may be modified to accommodate variations for meandering and divided roadways and sidewalks to fit contours.

10. Construction Standards. All streets shall be constructed to carry the anticipated traffic load without deterioration over the design life of the roadway. Streets constructed on a gradient of 15 percent or less may be paved with asphaltic concrete placed over a suitable base course.

11. Street Lighting. All hillside public streets shall be provided with a level of street lighting designed to protect the health, safety, and welfare of those living in hillside areas, and the general public traversing such areas.

12. Driveways and Drives. Driveways and drives shall be designed to a grade and alignment that will provide the maximum safety and convenience for emergency and service vehicles and pedestrian use in a manner which will not interfere with drainage or public use of the sidewalk and/or street area. Driveways shall meet current fire department requirements for ingress and egress.

13. Thoroughfares. The design of thoroughfares of four lanes or more, in hillside areas, shall conform to the principles previously enumerated.

14. Private Streets.

Page 18.55-13


a) The use of private streets in hillside areas may be permitted where the City determines that such streets will create a more desirable living environment and will result in a more sensitive relationship to the natural topography.

b) Private streets shall have a minimum paved width of 24 feet within 36 feet of right-of-way, with approved asphalt or concrete curbs.

c) Private streets serving more than five lots shall be constructed to minimum public road standards, including 4-foot sidewalks, but may remain private.

15. Provisions satisfactory to the City Council shall be made for perpetual maintenance of private streets.

16. Modifications to Right-of-Way Standards. The Planning Commission may recommend to the City Council approval of such modifications to the above right-of-way design standards, provided such modifications are in substantial conformance with the objectives stated in this section, and do not hinder the public health, safety, and welfare. [Ord. 94-6; Code 1990 § 9.15.17.]

18.55.150 Application submittal.

No development proposals, grading plan, or single-family building permit application shall be approved unless the development plan provides documentation (including but not limited to photographs, sketches, and renderings) relating to ridgeline preservation and recontouring (pursuant to subsections D and E of this section) through visual analysis as deemed necessary by the City and consistent with the requirements of this chapter. The following information shall be provided for review:

A. Average Slope Map. A slope map at a scale of not less than 1 inch equals 200 feet with a contour interval of 5 feet or less. The slope map shall use graphic techniques to portray the following slope categories on the entire site:

0%–15% 16%–20%

21%–25% 26%–30% 31%–45% 46%+

B. Lot Layout Study Map (May Be Tentative Tract Map). A lot layout study of the proposed lots at a scale of not less than 1 inch equals 100 feet, and a contour interval of 2 feet. The map shall include the following:

1. Lot size (square feet).

2. Lot dimensions

3. Daylight lines for all pad areas

4. Daylight lines for all slope areas with direction of slope indicated

5. Lot numbers

6. Street cross-sections

Page 18.55-14


7. Street grades

8. Adjacent improvements

9. Vicinity map

C. Geotechnical Report. Data shall be provided describing existing soils, geology, and drainage.

D. Conceptual landscape plans illustrating landscaping techniques and materials for all cut-and-fill slopes, including ridgeline softening techniques. Landscape plans shall conform to Chapter 18.70, Landscape Requirements, and Chapter 18.75, Water Conservation for Landscaping.

E. Conceptual building profiles exhibits shall be provided and shall be designed to illustrate contour grading techniques.

F. Optional information as determined necessary by the Community Development Director.

1. Models, showing before and after conditions.

2. Computer-generated projections of before and after conditions.

3. Any other information which the Planning Director deems necessary for clarification of development issues. [Ord. 94-6; Code 1990 § 9.15.18.]

18.55.160 Action of the Planning Director.

The Planning Director shall approve, conditionally approve, or deny any single-family building permit application which falls within the scope of this chapter. [Ord. 94-6; Code 1990 § 9.15.19.]

18.55.170 Action of the Planning Commission.

The Planning Commission shall approve, conditionally approve, or deny any development application which falls within the scope of this chapter. In addition to any other findings necessary to the development project approval, the Commission shall make the following findings:

A. The proposed project is consistent with the General Plan.

B. The proposed project is consistent with the purpose, intent, and development standards of this chapter.

C. The design of the project protects the public health, safety, and welfare.

D. The proposed conditions are necessary to carry out the intent and purpose of this chapter. [Ord. 94-6; Code 1990 § 9.15.20.]

18.55.180 Issuance of grading permit.

A. No grading permit (for any tract map, parcel map, etc.) or single-family building permit shall be issued until the City Engineer and the Planning Director determine compliance with this chapter.

B. No grading permit shall be issued for any tentative tract or parcel map in the hillside development area until a final map has been recorded and/or proper securities posted with the City. [Ord. 94-6; Code 1990 § 9.15.21.]

Page 18.55-15



Violations of this chapter shall be punished as misdemeanors, as provided in Chapter 120 (commencing with Section 1.20.010). [Ord. 94-6; Code 1990 § 9.15.22.]

A. Any person aggrieved by a final decision of the Planning Director may appeal the decision to the Planning Commission. A written notice of appeal, concisely stating the facts of the case and the grounds of appeal, shall be filed with the City Clerk within 30 days of the decision appealed. Within 10 days, the City Clerk shall notify the appellant of the costs of the appeal as estimated by the City Manager. Upon receipt of appellant’s deposit for the cost of the appeal, the City Clerk shall set the matter for hearing at a regular meeting of the Planning Commission and shall give the appellant written notice of the time and place of the hearing at least five days before the hearing.

B. Any person aggrieved by a final decision of the Planning Commission may appeal the decision to the City Council. A written notice of appeal, concisely stating the facts of the case and the grounds of appeal, shall be filed with the City Clerk within 30 days of the decision appealed. Within 10 days, the City Clerk shall notify appellant of the costs of the appeal as estimated by the City Manager. Upon receipt of appellant’s deposit for the cost of the appeal, the City Clerk shall set the matter for hearing at a regular meeting of the City Council and shall give appellant written notice of the time and place of the hearing at least five days before the hearing. The decision of the City Council, after the appellant has had the opportunity to be heard, is final. [Ord. 94-6; Code 1990 § 9.15.23.]


If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this chapter. The City Council of the City of Calimesa hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions were to be declared invalid or unconstitutional. [Ord. 94-6; Code 1990 § 9.15.24.]

Page 18.55-16


Chapter 18.60 OUTDOOR ADVERTISING STRUCTURES

Sections:

18.60.010 Purpose.


18.60.030 Erection of new or additional outdoor advertising structures prohibited.

18.60.040 Standards for relocation and reconstruction of outdoor advertising structures.

18.60.050 Application for permit required.

18.60.060 Appeals.

18.60.070 Revocation.


18.60.010 Purpose.

The purpose of this chapter is to prohibit the erection or construction of new or additional outdoor advertising structures within the city limits of Calimesa, and to provide standards for the relocation of outdoor advertising structures legally existing on the date the ordinance codified in this chapter becomes effective. The changing of an outdoor advertising message, display, or customary maintenance of a legally existing outdoor advertising structure shall not be construed to mean construction or erection of an outdoor advertising structure under this section and shall not require a permit. [Ord. 91-34; Code 1990 § 9.4.01.]


For the purposes of this chapter, the following words or phrases shall have the following definitions:

Abandoned. Any outdoor advertising structure or outdoor advertising display that is allowed to continue for more than one year without a poster, bill, printing, painting, or other form of advertisement or message.

Illegal outdoor advertising display. Any of the following:

A. An outdoor advertising structure or outdoor advertising sign erected without first complying with all applicable laws, ordinances, and regulations in effect at the time of its construction, erection, or use.

B. An outdoor advertising structure or outdoor advertising sign that was legally erected but whose use has ceased or the structure upon which the advertising display has been abandoned by its owner, not maintained or used for a period not less than one year.

Page 18.60-1


C. An outdoor advertising structure or outdoor advertising sign that was legally erected which later became nonconforming as a result of the adoption of an ordinance, and for which the amortization period has expired and conformance has not been accomplished.

D. An outdoor advertising structure or outdoor advertising sign which does not comply with the notice of decision or the approved plot plan.

E. An outdoor advertising structure or outdoor advertising sign which is a danger to the public or is unsafe as may be determined by the director of the Building and Safety Division.

F. An outdoor advertising structure or outdoor advertising sign which is a traffic hazard as may be determined by the Director of the Building and Safety Division, provided said traffic hazard was not created by the relocation of streets or by acts of the City.

Outdoor advertising display. Outdoor advertising structures and outdoor advertising signs used for outdoor advertising purposes, not including on-site advertising signs. An outdoor advertising display may be commonly known or referred to as an off-site or off-premises billboard.

Outdoor advertising sign. Any card, cloth, paper, metal, painted, plastic, or wooden sign of any character placed for outdoor advertising purposes, on or to the ground or any tree, wall, bush, rock, fence, building, structure, or thing, either privately or publicly owned, other than an outdoor advertising structure.

Outdoor advertising structure. A structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any poster, bill, printing, painting, or other advertisement of any kind whatsoever may be placed, including statuary, for advertising purposes. An outdoor advertising structure relocated pursuant to this chapter shall be constructed or erected upon a permanent foundation, or shall be attached to a structure having a permanent foundation.

The words “outdoor advertising structure” and “outdoor advertising sign” as defined in this section do not include:

A. Official notices issued by any court or public body or office.

B. Notices posted by any public officer in performance of a public duty or by any persons in giving legal notice.

C. Directional, warning, or information structures required by federal, state, or city authority, including signs necessary for the operation and safety of public utility uses.

D. A structure erected near the city or county boundary, which contains the name of the city or county and the names of or any other information regarding, civic, fraternal, or religious organizations located therein.

E. Any signs permitted by ordinance of the City of Calimesa. [Ord. 91-34; Code 1990 § 9.4.02.]

Page 18.60-2


18.60.030 Erection of new or additional outdoor advertising structures prohibited.

Pursuant to Section 5229 of the Business and Professions Code, no person, firm, copartnership, association, or corporation shall erect any new or additional outdoor advertising structure within the city limits of Calimesa; provided, however, an outdoor advertising structure legally existing within the city limits of Calimesa on the effective date of the ordinance codified in this chapter may be relocated and reconstructed in conformance with the standards provided in this chapter. [Ord. 91-34; Code 1990 § 9.4.03.]

18.60.040 Standards for relocation and reconstruction of outdoor advertising structures.

A. Outdoor advertising displays are permitted only in commercial and industrial zones on property abutting Interstate 10. Outdoor advertising displays are expressly prohibited in all other zones and shall not be located within 150 feet of property zoned for residential development.

B. No outdoor advertising display shall be located within 500 feet in any direction from any outdoor advertising display on the same side of Interstate 10.

C. The maximum height of an outdoor advertising display shall not exceed 25 feet from the roadbed of Interstate 10, or a maximum height of 25 feet from the grade on which it is constructed, whichever is greater.

D. A maximum of two steel poles are allowed for support of an outdoor advertising structure.

E. No outdoor advertising structure shall be affixed on or over the roof of any building, and no display shall be affixed to the wall of a building so that it projects above the parapet of the building. For the purposes of this section, a mansard-style roof shall be considered a parapet.

F. No more than one proposed outdoor advertising display per application shall be permitted. No more than two display faces per outdoor advertising structure shall be permitted. Back-to-back and V-type displays shall be allowed, provided that they are on the same outdoor advertising structure, and provided that V-type displays have a separation between display faces of not more than 25 feet.

G. An outdoor advertising display may be illuminated in conformance with Subsection 18.120.110.B, Special Uses Defined.

H. No outdoor advertising displays shall move or rotate, or display any moving or rotating parts. No propellers, flags, or other noise-creating devices, and no architectural embellishments which utilize mechanical or natural forces for motion, shall be permitted. Use of daylight reflective materials or electronic message boards using flashing, intermittent, or moving light or lights is prohibited; provided, however, that electronic message boards displaying only time and temperature for periods of not less than 30 seconds shall be permitted.

I. Each outdoor advertising display that is to be relocated and reconstructed shall have a total surface area of 300 square feet, no more or no less.

J. No person shall relocate, reconstruct, erect, alter, or repair any outdoor advertising display without first obtaining an outdoor advertising display permit from the City of Calimesa.

Page 18.60-3


K. No outdoor advertising display permit shall be issued unless and until the Planning Director determines that the proposed activity is in accordance with this chapter and that the applicant has obtained a valid state outdoor advertising permit.

L. No person shall place, erect, or maintain an outdoor advertising display and no outdoor advertising display shall be placed, erected, or maintained anywhere within Calimesa unless there is securely fastened thereto and on the front display face thereof the name of the outdoor advertising display owner in such a manner that the name is visible from the highway. Any outdoor advertising display placed, erected, or maintained without this identification shall be deemed to be placed, erected, and maintained in violation of this chapter.

M. No person shall place or otherwise allow a motor vehicle, trailer, or other advertising display not permanently affixed to the ground to be used as an outdoor advertising display. [Ord. 294 § 14, 2009; Ord. 91-34; Code 1990 § 9.4.04.]

18.60.050 Application for permit required.

A. In addition to all other applicable federal, state, and local laws, rules, regulations, and ordinances, no outdoor advertising displays shall be relocated, placed, or erected until a permit therefor has been issued by the Planning Director of the City of Calimesa. Application for such a permit shall be in accordance with Section 18.15.020, Application.

B. Upon acceptance of an application for relocation of an outdoor advertising display as being complete, the Planning Director shall transmit a copy of the application to the Planning Commission for review. A public hearing is required for the relocation of all outdoor advertising displays and shall be held in accordance with Section 18.15.180, Hearings and appeals.

18.60.060 Appeals.

Appeals shall be made in accordance with Section 18.15.180, Hearings and appeals.

18.60.070 Revocation.

Any outdoor advertising display permit which has been issued as a result of a material misrepresentation of fact by the applicant or his agent, whether or not a criminal prosecution is initiated therefor, may be summarily revoked by the City of Calimesa. Within 30 days after notice, any outdoor advertising display authorized by said outdoor advertising display permit shall be removed at the applicant's expense. Failure to remove the display within 30 days shall be deemed a separate violation of this chapter. Nothing in this chapter shall authorize the installation or maintenance of any outdoor advertising display which is in violation of any state or federal law or regulation. [Ord. 91-34; Code 1990 § 9.4.07.]


Whenever the Planning Director, or his/her designated agents, have cause to suspect the violation of this chapter, or whenever necessary to investigate either an application or the granting of a modification or any action to suspend or revoke an outdoor advertising display permit, or whenever necessary to investigate a possible violation, the Planning Director or his/her agent may lawfully gain access to the appropriate parcel of land upon which said violation is believed to exist. The following provisions shall apply to the violations of this chapter:

Page 18.60-4


A. All violations of this chapter committed by any person, whether as an agent, employee, officer, principal, or otherwise, shall be a misdemeanor.

B. Every person who knowingly provides false information on an outdoor advertising display permit application shall be guilty of a misdemeanor.

C. Every person who fails to stop work on an outdoor advertising display, when so ordered by the Planning Director or by the Chief Building Official or their designated agents, shall be guilty of a misdemeanor.

D. Each violation is punishable by a fine of $1,000, or by imprisonment in the county jail for a term of not more than six months, or by both such fine and imprisonment.

E. Every person found guilty of a violation shall be deemed to be guilty of a separate offense for every day during a portion of which the violation is committed, continued, or permitted by such persons.

F. Every illegal outdoor advertising display and every abandoned outdoor advertising display and every outdoor advertising display moved or maintained contrary to the provisions of this chapter shall be, and the same hereby is, declared to be unlawful and a public nuisance, and the City Attorney of the City of Calimesa shall immediately commence an action or proceeding for the abatement, removal, and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such outdoor advertising displays, and restrain and enjoin any person, firm, or corporation from setting up, erecting, building, maintaining, or using any such outdoor advertising display contrary to the provisions of this chapter. The remedies provided for herein shall be exclusive and not cumulative. [Ord. 91-34; Code 1990 § 9.4.08.]

Page 18.60-5


Chapter 18.65 FENCE, WALL, AND SCREENING STANDARDS

Sections:


18.65.020 Standards for location, height, and setbacks.


18.65.040 Allowable materials and maintenance.

18.65.050 Prohibited fences and materials.

18.65.060 Exemptions.


A. The following general provisions shall apply to all fences, walls, and screening:

1. All new fences, walls, retaining walls, and any screening, including landscaped screening, shall first require a review and approval by the Planning Department prior to installation or construction. A building permit issued by the Building and Safety Division may also be required.

2. For all new developments, such as housing tracts, commercial and industrial developments, churches, government and quasi-government projects, and institutional developments, fences, walls, and screening must be approved as part of the required review process including a specific plan (SP), development plan review (DPR), or a conditional use permit (CUP). If fencing or screening was not approved as part of the original review of the SP, DPR, CUP, or other review process, but is contemplated after the fact, a modification of the original review is required unless specifically stated in the approvals that walls and fencing can be reviewed separately.

18.65.020 Standards for location, height, and setbacks.

A. No fences, walls, or screening materials shall extend beyond that which is allowed in this Zoning Code. The construction and installation of any fence, wall, or screening material shall be in compliance with the following height standards:

1. Residential Districts.

a) Front Yard/Side Yard. A fence or wall made of materials which are sight obscuring may be built to a maximum of 3 feet in any required front/side yard setback area. Double-rail fences, or fences made of materials which are not sight obscuring (at least 75 percent open, such as wrought iron), may be built to a maximum of 4 feet in any required front/side yard.

Page 18.65-1


The fencing along the side yard may slope upward to connect with a higher rear yard fence. The length of a sloped fence section shall not exceed a maximum of 10 feet.

b) Rear Yard. A fence in a rear yard may be built to a maximum of 6 feet at the property line so long as it is built outside of the required front yard setback area. For fences or walls constructed within the required minimum setback area (where a main building may be constructed), the maximum freestanding fence height shall be 12 feet, including fencing around private tennis/sport courts.

c) Corner Lots. A fence not more than 6 feet high may be constructed in the rear yard, as defined in subsection b above, adjacent to a public street on a corner lot, if it does not obstruct clear view of intersecting streets as defined in subsection d below.

d) Clear Sight Triangle. The height of fences, trees, shrubs, and other visual obstructions shall be limited to a maximum height of 30 inches within the triangular area formed by drawing a straight line:

i. Between two points located on and 20 feet distant from the point of intersection (the intersection of the prolongation of the right-of-way lines, excluding any curved portion joining the two lines) of two ultimate street right-of-way lines.

ii. Between two points located on and 5 feet distant from the point of intersection of an ultimate street or alley right-of-way on one hand and the edge of a driveway or another alley right-of-way on the other if parkway width is less than 12 feet wide.

e) Grade Differences. Where there is a difference in the grade of the properties on either side of a fence, wall, or other similar structure, the height of the fence shall be measured from the natural grade on the outside edge of the proposed wall or fence of the property upon which it is located. Where the elevation of an adjoining building site is higher than the base of the fence within a side or rear setback area, the height of the fence may be measured from the elevation of the adjoining building site to the top of the fence. For properties that slope upward from the street, retaining walls may be used as a terrace to form planting beds, or a series of planting beds. However, in no case shall any retaining wall exceed the 3-foot maximum within the required front yard setback area.

f) Retaining Walls. Where a retaining wall protects a cut below or a fill above the natural grade and is located on the line separating lots or properties, such retaining wall may be topped by a fence, wall, or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed.

g) Double Frontage Lots. Each frontage is treated like as the front yard; thus, the same standards that apply in subsection a above apply to lots with double frontages (lots with frontage onto two streets).

h) Fire Hydrants and Mailboxes. Fire hydrants and mailboxes shall be accessible from the public streets and may not be enclosed behind fences or shrubs. Shrubs and other screening materials should be kept the minimum distance away from the hydrant as required by the fire code.

i) Gates. Gates shall be constructed of ornamental iron/tubular steel and/or wood. Such gates may be placed in any location provided they meet the requirements of this section. Wood gates over 36 inches wide shall have a metal frame. Chain-link gates are prohibited. Vehicular driveway gates shall be constructed of ornamental iron/tubular steel and metal if

Page 18.65-2


solid. If screening a recreational vehicle, the gate shall be constructed of a solid opaque material.

j) Split-Rail Fencing. Split two-rail fencing shall be allowed in the front yard or along the front property line with a maximum height of 4 feet for columns and 3 feet for the top rail. All columns shall be cemented with footings. Materials for the columns shall be wood, brick, or block. The rails may be either wood or other non-wood products that have the appearance of split rail. A building permit shall be obtained prior to construction.

k) Adjacent to a Nonresidential Zone or Use. The maximum fence height between a residential zone or use and a nonresidential zone or use shall be 6 feet.

l) Agricultural fences, equestrian fences, and fencing for agricultural animals. See exemptions in Section 18.65.060.

2. Downtown Business District, Commercial Districts, Industrial Districts.

a) Fences and Walls within the Front Setback. Fences and walls are discouraged within the required front setback area with the exception to small retaining walls (where needed). However, in no case shall any wall or fence exceed 6 feet in height within 10 feet from the front property line. The area in front of the fence shall be incorporated into the required landscaping and may be used to screen necessary fences. Any fence that exceeds 3 feet shall be placed at or beyond the required front setback, or the 10-foot setback, whichever is greater, unless specifically allowed by the zone district standards.

b) Perimeter Fencing and Walls. Perimeter fences and walls for uses that require such are limited to no more than 6 feet in height at the property line. If a taller fence or wall is required, the fence must be placed at either the required setback or 10 feet, whichever is greater. The area between the property line and the fence must be incorporated into the overall landscaping of the property, including sufficient landscaping screening materials to mitigate the visual impacts of the taller fence or wall.

c) Corner Lots. Solid fences and walls shall not exceed 6 feet in height and shall be set back no less than 5 feet from the edge of any sidewalk or driveway. The area between the wall and the sidewalk edge or curb edge shall be landscaped with a combination of trees and shrubs sufficient to screen the wall.

d) Berms. Earthen berms may be used to screen parking areas, mechanical equipment and other appurtenances otherwise visible to the public. Berms shall not exceed 2 feet in height and shall be sufficiently landscaped or integrated into the overall landscaping plan of a new project. Berms shall be designed with sufficient undulation to provide visual relief and shall meander for the entire length where possible.


A. All fences and walls shall be architecturally integrated to match the design of all main buildings associated with the project to the greatest extent possible. In commercial districts, industrial districts, and the downtown business district, fences shall be required to match the same or similar finishes as the exterior of buildings. Where possible, walls shall act as an extension of the building, rather than an afterthought. In addition to these standards, the following shall apply:

Page 18.65-3


1. Commercial or industrial projects that abut a residential use or residential zone district shall be required to install a 6-foot-tall decorative concrete block wall with adequate buffers and screening as required in Chapter 18.70, Landscape Requirements.

2. Commercial or industrial projects where proposed fences or walls are proposed on the property line adjacent to or visible to the public right-of-way, a parking lot, or Interstate 10 shall be constructed of decorative masonry. Perimeter walls shall have articulated planes by providing at a minimum for every 100 feet of continuous wall a 24-inch-deep by 8-foot-long landscaped recession. Graffiti mitigation measures shall be integrated into the wall, including area for vines and other screening materials to be planted in front of the wall. In addition to these standards, the following standards shall also apply:

a) Walls that exceed 5 feet in height and more than 50 feet in length, including retaining walls, shall be required to install metal trellises every 10 feet to break up the monotony of large wall spans between columns. Said trellises shall be fastened or bolted to the wall in a manner that will support planted vines as well as the weight of the trellis.

b) Acceptable wall materials include stone or brick veneer over block, split-faced masonry block with heavy articulation, stucco over block, or any other approved materials. Decorative split-rail wood fencing may be used where deemed appropriate during the required review process.

3. Public facilities whether private, government, or quasi-government, including water tanks, storage yards, pump houses, or other similar facilities, are required to install appropriate decorative fencing if adjacent to or visible from a public right-of-way. Approved fencing includes decorative masonry walls or wrought-iron fencing with appropriate landscape screening to deter vandalism and graffiti.

18.65.040 Allowable materials and maintenance.

A. Acceptable and allowed fencing and wall materials include the following:

1. Walls constructed using masonry, including stone or brick veneer over block, brick, stone-stacked reinforced walls, and split-faced block.

2. Wrought iron or any combination of brick pillars, or block with wrought iron.

3. Wood plank fence materials are acceptable in residential zone districts. Except for gates, split-rail (two-rail) fencing, and equestrian fencing, wood and vinyl or similar recycled fencing materials are permitted in rear or interior side yards only, and only if not visible from the street. Gates may be of wood in any location provided they comply with the standards of this section.

4. Vinyl fencing is acceptable in residential zone districts (see subsection 3 above).

5. Walls covered with pre-colored stucco.

6. Chain link fencing is allowed only as follows:

a) In any residential zone district, in locations where it will not be visible from the adjacent public street.

b) In any residential zone district chain link is allowed in the front or street side yard when it is consistent with the character of the street where the subject property is located.

Page 18.65-4


c) In the Open Space Residential (O-S-R), Residential Estate (R-E), or Rural Residential (R-R) zone districts, chain link is allowed in the front, street side, side, or rear yards, including in locations where it will be visible from the adjacent public street.

7. Other materials deemed appropriate for use as part of a DPR or CUP approval.

B. All fences, walls, and screening visible to public or adjacent to any public street or right-of-way shall be maintained accordingly:

1. General Maintenance. All walls and fences adjacent to a street, sidewalk, or public right-of-way shall be continuously maintained in good repair. The property owner shall be provided 30 days after receiving notice from the City to repair a wall or fence that becomes an obvious public nuisance, including the removal of graffiti. The Community Development Director may grant an extension to such time period not to exceed 60 days.

2. Landscaping. The area between the back of curb and any fencing shall be landscaped, have a suitable permanent irrigation system, and be continuously maintained by the property owner.

3. Hedges and screening materials shall be trimmed and cared for so as not to impede a sidewalk or street, or to grow to a height beyond that which is allowed in Subsection 18.65.020.A.

4. Stone, brick, and block wall surfaces shall remain natural and unpainted.

5. Wood fences, except split-rail fences, shall be stained.

6. Vinyl fencing shall be maintained free of damage and breakage, including large holes.

18.65.050 Prohibited fences and materials.

A. The following fences, walls, and screening are prohibited:

1. Any fence that has not previously been approved as part of a DPR, CUP, or first approved by the Planning Department shall be prohibited.

2. Prohibited perimeter fencing materials include the following:

a) Barbed wire (see exemptions)

b) Chain link, except as allowed per Subsection 18.65.040.A.6.

c) Plywood

d) Electric fences (see exemptions)

e) Razor wire

f) Debris, or berms formed with various materials other than dirt and landscaping


A. The following fence and wall types are exempt from the specified provisions of this Zoning Code:

1. City- or State-required sound attenuation walls bordering freeways are exempt from Sections 18.65.020 and 18.65.030 if so recommended by a noise attenuation study and first approved by the Community Development Director.

2. Fences installed by the City inside of or on the perimeter of a public park shall be exempt from Sections 18.65.020, 18.65.030, and 18.65.040, and Subsection 18.65.050.A.2.b.

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3. Fences installed by a public or private school inside of or on the property boundary of the school grounds park shall be exempt from Sections 18.65.020, 18.65.030, and 18.65.040, and Subsection 18.65.050.A.2.b.

4. Fences around public baseball diamonds, and sports fields park shall be exempt from Sections 18.65.020, 18.65.030, and 18.65.040, and Subsection 18.65.050.A.2.b.

5. Agricultural fences for the keeping of animals, including horse arenas and corrals so long as the fence is not a perimeter fence, unless outside of any required setback, shall be exempt from Sections 18.65.020, 18.65.030, and 18.65.040, and Subsections 18.65.050.A.2.a., b, and d. Solid fences must comply with the clear site triangle requirements listed in Subsections 18.65.020.A.1.

6. Agricultural fences around fruit orchards shall be exempt from Sections 18.65.020, 18.65.030, and 18.65.040, and Subsections 18.65.050.A.2.a and b. Solid fences must comply with the clear site triangle requirements listed in Subsections 18.65.020.A.1.

7. Golf course driving range fences shall be exempt from Sections 18.65.020, 18.65.030, and 18.65.040, and Subsection 18.65.050.A.2.b.

8. Temporary construction fences as part of an approved project.

9. Fences or walls in association with an approved temporary use permit.

10. Fences legally constructed prior to the adoption of this ordinance, except that Subsection 18.65.040.B shall apply.

Page 18.65-6

City of Calimesa Zoning Code, Article 18

Chapter 18.70 LANDSCAPE REQUIREMENTS

Sections:

18.70.010 Purpose and intent.



18.70.040 Exclusions.

18.70.050 Landscape plans.

18.70.060 Irrigation systems.

18.70.070 Procedural requirements.

18.70.080 Landscape design requirements.

18.70.090 Plant materials.

18.70.100 Trees – General requirements.

18.70.110 Street trees.

18.70.120 Tree preservation guidelines.

18.70.130 Parking lots.

18.70.140 Special areas and features.

18.70.150 Landscape maintenance.

18.70.160 Landscape security/bonding requirements.

18.70.170 Erosion control.

18.70.180 Slopes.

18.70.190 Soils.

18.70.200 Compliance.



The purpose of this chapter is to establish landscaping regulations that are intended to:

A. Enhance the aesthetic appearance of development in all areas of the city by providing standards relating to quality, quantity, and functional aspects of landscaping.

B. Increase compatibility between residential and abutting commercial and industrial land uses.

Page 18.70-1


C. Reduce the heat and glare generated by development.

D. Protect the public health, safety,and welfare by minimizing the impact of all forms of physical and visual pollution, controlling soil erosion, screening incompatible land uses, preserving the integrity of neighborhoods, and enhancing pedestrian and vehicular traffic and safety. [Ord. 94-4; Code 1990 § 9.14.01.]


Whenever the following words and phrases are used in this chapter, unless otherwise defined in this chapter, they shall have the meanings ascribed to them in this section:

"Application rate" means the depth of water applied to a given area, usually measured in inches per hour.

"Applied water" means the portion of water supplied by the irrigation system to the landscape.

"Automatic control timer" means a mechanical or solid state timer, capable of operating valve stations to set the days and length of time of a water application.

"Established landscape" means the point at which plants in the landscape have developed roots in the soil adjacent to the root ball; the time in which this occurs is defined as the "establishment period."

"Establishment period" means the first year after installation of the plant(s) in the landscape.

"Evapotranspiration" means the quantity of water evaporated from adjacent soil surfaces and transpired by plants during a specific time.

"Homeowner" means the individual that has title to the parcel and dwelling unit.

"Hydrozone" means a portion of the landscaped area having plants with similar water needs that are served by a valve or a set of valves with the same schedule.

"Landscaped area" means the entire area served by an irrigation system, less the building footprint, driveways, nonirrigated portions of parking lots, hardscapes such as decks, patios, walkways, and other nonporous areas. Water features are included in the calculation of the landscaped area. Areas dedicated to edible plants, such as orchards or vegetable gardens, are not included.

"Mulch" means any material such as leaves, bark, straw, or other materials left loose and applied to the soil surface for the beneficial purpose of reducing evaporation.

"Overspray" means the water which is delivered beyond the landscaped area, wetting pavements, walks, structures, or other nonlandscaped areas.

"Parking lot entry" means the main public entrance(s) to a commercial/industrial site where the entry is off of a publicly maintained street.

"Rain-sensing device" means a system which senses rainfall and automatically shuts off the irrigation system.

Page 18.70-2


"Recreational area" means areas of active play or recreation such as sports fields, school yards, picnic grounds, or other areas with intense foot traffic.

"Recycled water," "reclaimed water," or "treated sewage effluent water" means treated or recycled waste water of a quality suitable for nonpotable uses such as landscape irrigation; not intended for human consumption.

"Runoff" means water which is not absorbed by the soil or landscape to which it is applied and flows from the area.

"Soil-moisture-sensing device" means a device that measures the amount of water in the soil.

"Soil texture" means the classification of soil based on the percentage of sand, silt, and clay in the soil.

"Sprinkler head" means a device which sprays water through a nozzle.

"Turf' means a surface layer of earth containing mowed grass with its roots. Annual bluegrass, Kentucky bluegrass, perennial ryegrass, red fescue, and tall fescue are cool season grasses. Bermuda grass, kikuyu grass, seashore paspalum, St. Augustine grass, zoysia grass, and buffalo grass are warm season grasses.

"Valve" means a device used to control the flow of water in the irrigation system.

"Water-conserving plants" means plants that can survive with little or no water other than available rainfall. Most water-conserving plants need water initially in order to become established. In addition, some water-conserving plants need occasional watering, infrequent but deep soakings to encourage a deep root system.

"Xeriscape" means a combination of landscape features and techniques that in the aggregate reduce the demand for and consumption of water, including appropriate low-water-using plants, nonliving ground cover, a low percentage of turf coverage, permeable paving, and water-conserving irrigation techniques and systems. [Ord. 94-4; Code 1990 § 9.14.02.]


Except as provided in CMC 18.70.040, this chapter shall apply to all new and rehabilitated landscaping for public agency projects and private development projects in Calimesa, including:

A. Developer-installed landscaping in single-family front yards and multifamily projects.

B. Common area landscaping in single-family projects.

C. Commercial and industrial projects.

D. Rehabilitated landscaping on existing development. As applied to landscaping, a rehabilitated project includes installation of new plants into existing landscape area, or the increase of existing landscape area.

E. Developer shall notify buyer of homeowner responsibility to maintain street trees and all landscaping within public rights-of-way on homeowner's lot of record. [Ord. 94-4; Code 1990 § 9.14.03.]

Page 18.70-3


18.70.040 Exclusions.

This chapter shall not apply to:

A. Homeowner-provided landscaping at single-family residences and owner-occupied units at multifamily projects.

B. Registered historical sites.

C. Ecological restoration projects that do not require a permanent irrigation system.

D. Mined land reclamation projects that do not require a permanent irrigation system.

E. Any project with a landscaped area less than 1,500 square feet. [Ord. 94-4; Code 1990 § 9.14.04.]

18.70.050 Landscape plans.

A. Landscape plans shall be submitted in accordance with CMC 18.75.050.

B. A fee as set by resolution of the City Council shall be charged for landscape plan review and inspections. [Ord. 94-4; Code 1990 § 9.14.05.]

18.70.060 Irrigation systems.

A. Irrigation systems operations and equipment shall be in accordance with CMC 18.75.070 through 18.75.090.

B. A fee as set by resolution of the City Council shall be charged for irrigation plan review. [Ord. 94-4; Code 1990 § 9.14.06.]

18.70.070 Procedural requirements.

A. Landscaping materials and irrigation systems shall be located, designed, installed, and maintained as specified on the approved plans.

B. Any modification to an approved landscape or irrigation plan must be applied for in writing and approved by the Community Development Department prior to installation of said landscaping or irrigation system.

C. No final inspection or certificate of occupancy will be granted until all the landscaping and irrigation is installed in accordance with approved plans and bonded for maintenance in an amount to be determined by the Community Development Department in accordance with CMC 18.70.160. Requests for final inspection and certificate of occupancy prior to completion of landscape installation may be considered by the Community Development Department on a case-by-case basis. In these cases, a bond to guarantee installation in an amount equal to the cost of the landscape materials and installation labor, but not less than $500.00, shall be posted. Such installation bonds shall require that landscape installation be completed no later than 60 days from the date of posting.

D. All approvals of landscape and irrigation plans are subject to and dependent upon the applicant complying with all applicable ordinances, codes, regulations, adopted policies, and the payment of all applicable fees and assessments. Such additional requirements shall include, where applicable, obtaining plumbing permits for irrigation systems. [Ord. 94-4; Code 1990 § 9.14.07.]

Page 18.70-4


18.70.080 Landscape design requirements.

Landscape design shall be in accordance with CMC 18.75.060 in addition to the following:

A. Landscape plant materials shall be primarily long-lived perennial varieties. Short-lived annual materials may be utilized but only as a supplement to longer-lived elements.

B. Appropriate trees, shrubbery, and creeping vines shall be provided along all walls and fences adjoining public rights-of-way.

C. Appropriate shrubs and trees shall be provided along all walls and fences in residential tracts which face the public right-of-way.

D. All plants shall meet the minimum standards of the California Department of Agriculture regulations and be uniform in growth habit and be either container-grown or field-grown material.

E. Mature Plant Material. Generally, the use of older, aging, mature specimen plant material or native plants shall not be permitted unless the developer can provide assurances/guarantees that such transplanted material will survive. Therefore, prior to City approval for use, native plant material, plant material in containers 48-inch box size or larger, bare root plant material, and individual specimen plants shall be certified by a licensed landscape architect or professional arborist/horticulturist that the plant is vigorous and in a healthy condition, capable of being successfully transplanted to the proposed site and likely to survive such transplanting.

F. Plant materials shall conform to the following spacing standards when planted near public utilities:

1. A minimum of 20 feet from the pavement edge at a street intersection to the center of the first large shrub in excess of 4 feet in height.

2. A minimum of 15 feet between center of trees and large shrubs for lighting standards.

3. A minimum of 15 feet between center of trees or large shrubs and fire hydrants.

4. A minimum of 10 feet between center of trees or large shrubs and edge of driveways and alleys. [Ord. 94-4; Code 1990 § 9.14.08.]

18.70.090 Plant materials.

A. Shrubs.

1. All shrubs shall be water-conserving varieties as specified in the "City of Calimesa List of Water-Conserving Plants." Shrubs not listed may be utilized subject to the approval of the Community Development Department upon recommendation by a licensed landscape architect and acceptance by City staff.

2. Shrub selection and planting methods shall be suitable for the soil and climatic conditions of the site. Shrub sizes shall be a minimum of 5 gallon; however, the use of smaller plants may be approved for areas where color or growth habits make it suitable.

B. Ground Covers.

1. All landscaped areas other than turf areas and hardscape areas shall be underplanted with living ground cover. Limited use of materials such as crushed rock, redwood chips, pebbles, and stone is acceptable; however, in no case should the use of such materials exceed 15 percent of the total amount of ground cover area. Where possible, plants should be

Page 18.70-5


incorporated into nonliving ground cover areas. Artificial plants and painted surfaces are not acceptable under any circumstance.

2. All ground cover materials shall be water-conserving as specified in the "City of Calimesa List of Water-Conserving Plants." Ground cover materials not listed may be utilized subject to the approval of the Community Development Department upon recommendation by a licensed landscape architect and acceptance by City staff.

C. Turf.

1. Water-conserving varieties of turf grass shall be used. Warm season grasses are more water-conserving than cool season grasses. Bermuda grass, kikuyu grass, seashore paspalum, St. Augustine grass, zoysia grass, and buffalo grass are warm season grasses. Bluegrass and ryegrass varieties (cool season) should be avoided.

2. The method of installation (seeding, hydromulching, or sodding) shall be noted on the landscape plans.

3. Turf areas shall not exceed 25 percent of the landscaped area. However, turf that is specifically intended for outdoor living/recreational uses shall be exempt from this limit. In order to qualify as a recreational-use turf area, the area in question must demonstrate usability with features such as, at a minimum, easy pedestrian access and a minimum dimension of 15 feet.

4. Nonrecreational turf should be located so as to maximize visibility.

5. The minimum dimension of any turf area should be determined by the minimum "throw" of the sprinkler head to be used for that area and in no case may be less than 10 feet. Landscape areas with dimensions of less than 10 feet should be planted with nonturf materials.

6. All turf areas shall be separated from other landscaped areas by concrete curb, a band of redwood or other acceptable material having a minimum above-grade height of 4 inches and a minimum thickness of three-quarters of an inch.

7. Turf areas should drain away from trees and shrubs except where runoff water is used to irrigate a nonnative/adapted plant species.

8. Turf areas should not exceed a 10 percent (1-in-10) slope. This standard may be relaxed where perimeter berms are to be used to screen project parking, or other undesirable project areas, from view of the public right-of-way.

Where turf is to be used on slopes greater than 10 percent, 3 square feet of turf will be subtracted from the total turf area allowed the project for each square foot of turf located above the 10 percent slope line. [Ord. 94-4; Code 1990 § 9.14.09.]

18.70.100 Trees – General requirements.

A. Trees for shade shall be provided for residential, commercial, and industrial buildings, parking lots, and open space areas.

B. Trees should be planted to shade turf, ground cover, shrub, and parking areas, thereby reducing water evaporation from these areas.

Page 18.70-6


C. Trees shall be water-conserving varieties as specified in the "City of Calimesa List of Water-Conserving Plants" included as Appendix A attached to the ordinance codified in this chapter. Trees not listed may be utilized subject to the approval of the Community Development Department upon recommendation by a licensed landscape architect and acceptance by City staff.

D. Tree selection and planting methods shall be suitable for the soil and climatic conditions of the site. Unless otherwise stated in this chapter, tree sizes shall conform to the following mix:

1. Sixty percent, 15 gallon.

2. Twenty-five percent, 24-inch box.

3. Fifteen percent, mature specimen trees in 36-inch box.

4. The minimum tree size at time of planting shall be a 15-gallon tree.

E. All trees shall be double-staked and secured with a rubber or plastic strip, or other commercial tie material. Wire ties shall not be used. Refer to the City of Calimesa Street Tree Staking and Planting Details (STD-L-050) of the City of Calimesa Construction Specifications and Improvement Standards.

F. Where trees are planted in paved pedestrian areas, they shall have a protective tree grate. Tree grates shall be recycled plastic, concrete, or cast iron with a natural finish.

G. Trees and Turf.

1. Turf should be separated from new trees to prevent overwatering of the tree, surface rooting, crown rot, and "girdling" of the tree trunk by maintenance equipment.

The minimum separation should be from 3 to 5 feet. If the tree is located within a turf area, this separation should be 5 feet in diameter. Ground cover and/or shrubs may be planted within this area.

2. If trees are to be planted in a turf area, the following criteria should be met:

a) Only deep-rooted tree species should be used.

b) Turf area should be graded so that turf irrigation water drains away from the tree.

c) Turf irrigation should be directed away from the tree. The tree should be watered by a combined bubbler/deep waterpipe fixture. [Ord. 94-4; Code 1990 § 9.14.10.]

18.70.110 Street trees.

A. Street trees shall be planted on the entire length of all existing and planned extensions of designated city streets, commercial/industrial streets, residential streets, or other established thoroughfares.

B. The designated street trees for each affected street shall be selected from the approved street tree list included in Appendix A attached to the ordinance codified in this chapter, except that in the case of designated specific tree areas where only trees which provide fall foliage may be planted, as decided by the City (refer to CMC 18.70.140(D)). The developer may select any tree species from the approved list and utilize those species on the designated street. Mixing deciduous and evergreen trees is desirable.

C. The size of street trees shall be 24-inch box specimens.

Page 18.70-7


D. Street trees shall be clean, fruitless, require little maintenance, be structurally strong, insect- and disease-resistant, and require little pruning.

E. Street Trees for Designated Streets. All development adjacent to the following major corridors1 or historical community routes (to be determined by the City) shall incorporate within the development plan a designated street tree/parkway theme with selected trees from Group "A" of the approved street tree list included in Appendix A attached to the ordinance codified in this chapter. Designated corridors/routes:

1. Calimesa Boulevard

2. Avenue L

3. California Street

4. County Line Road

5. Singleton Road

6. Bryant Street

7. Fifth Street

F. All major intersections (88 feet or greater in width) and cross streets shall contain intersection enhancement improvements at the time of development of abutting properties. Refer to CMC 18.70.140(D), Specific tree areas.

G. Street Trees for Nondesignated Streets. Required street landscaping for developments or uses not located adjacent to a designated street specified above shall select and incorporate street trees based upon Group "B" of the approved street tree list included in Appendix A attached to the ordinance codified in this chapter. The City may allow deviations from the list where it can be found that such tree will not adversely affect the public right-of-way.

H. Location.

1. All street trees shall be planted a minimum of 20 feet from the pavement edge at a street intersection to the center of the first tree.

2. All street trees shall be planted not further than 10 feet from the back of sidewalks. Deviations from this requirement may be permitted through development plan review.

3. Group "A" trees are permitted within the public right-of-way provided they are spaced at least 30 to 40 feet on center, are to be planted within a planting area which contains at least a 6-foot minimum radius area around the tree trunk, and are trained and pruned to achieve and maintain a minimum 8-foot vertical clearance between the sidewalk grade and the tree branch structure above the sidewalk grade and a minimum clearance within the street travelway of 15 feet between the street travelway grade and the tree branch structure.

4. Group "B" trees are permitted within the public right-of-way provided they are spaced at least 25 to 35 feet on center, are to be planted within a planting area which contains at least a 4-foot minimum radius area around the tree trunk, and are trained and pruned to achieve and maintain a minimum 8-foot vertical clearance between the sidewalk grade and the tree branch structure above the sidewalk grade and a minimum clearance within the street travelway of 15 feet between the street travelway grade and the tree branch structure.

Page 18.70-8


5. Street tree locations for all residential subdivisions within the city shall be located such that at maturity the crown will not encroach across property lines. The trees shall be planted a minimum of 10 feet from all driveways and spaced according to Group "A" or "B" requirements or a minimum of one tree per lot. Corner lots are required to have street trees on both frontages. Reverse corner lots, side yards, and rear yards facing a public right-of-way are required to have street trees spaced according to Group "A" or "B" requirements.

Deviations from the above spacing standards shall be permitted to accommodate driveways, utility appurtenances, sight distance requirements, public safety, or other similar right-of-way constraints as deemed necessary by the City Engineer and Community Development Department.

Where street trees are required adjacent to larger development sites and meandering sidewalk alignments or configurations are proposed, designated street trees should be alternated between street curb and contiguous to sidewalk, provided adequate planting area and planting conditions are established to meet the growth requirements of the tree.

Where sidewalks are required adjacent to the street curbs, on-site development plans shall be designed in such a manner as to assure that street trees have adequate planting area (combined with the available public right-of-way) to assure proper tree root development, taking into consideration underground utility alignments. In certain cases, the City may require tree root guards to assure proper root development. Group "A" and Group "B" trees shall be installed with such root guard–type devices where available planter areas are less than 6 feet in width from curb or sidewalk.

I. Tree Removal. No street tree shall be removed without the City's consent. All destroyed or dying trees shall be replaced by the property owner.

J. Encroachment permits shall be obtained for all installations associated with this section to the satisfaction of the City prior to the commencement of any installation work. [Ord. 94 -4; Code 1990 § 9.14.11.]

18.70.120 Tree preservation guidelines.

The following tree preservation guidelines shall be incorporated into approved grading, building, and landscaping plans as appropriate and shall apply to all species of trees with the exception of oak trees, which are regulated by Chapter 18.80:

A. Removal of healthy, shade-providing, aesthetically valuable trees shall be discouraged. In the event that more than five trees are to be cut down, uprooted, destroyed, or removed within a 36-month period, a permit shall first be issued by the Community Development Department.

1. Prior to any permit issued for tree removal, all existing trees on-site shall be surveyed and plotted by the applicant.

2. Unless there is a preapproved tree replacement plan, granted with a development approval, any mature specimen that is removed in a new subdivision is considered to be of significant value by the Community Development Department and shall be replaced with a 36-inch box specimen tree in addition to any other required landscaping. Such a plan does not necessarily require a tree for tree replacement provision. Commercial tree farms, city government projects, and individual single-family lots less than 1 acre shall be exempt from this provision.

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3. Repealed by Ord. 246.

B. Every effort shall be made to prevent encroachment of structures, grading, or trenching within the dripline or 25 feet of the trunk of any trees, whichever is greater.

C. If encroachment within the dripline is unavoidable, no more than one-third of the root area shall be disturbed, graded, or covered with impervious materials. The root area is considered to extend beyond the dripline a distance equal to one-half the radius.

D. Building, grading, or improvements shall not occur within 10 feet of any tree trunk.

E. Retaining walls shall be constructed where necessary to preserve the natural grade at least one-half the distance between the trunk and dripline. Walls shall be designed with a post or caisson footing rather than a continuous footing to minimize root damage.

F. Runoff channelled near trees shall not substantially change normal soil moisture characteristics on a seasonal basis.

G. Runoff shall not be directed toward the base of trees so that the base of the trees remains in wet soil for an extended period. Where natural topography has been altered, drainage away from trunks shall be provided where necessary to ensure that water will not stand at the crown.

H. Sedimentation and siltation in the drainage ways shall be controlled where necessary to avoid filling around the base of the trees.

I. Land uses that would cause excessive soil compaction within the dripline of trees shall be avoided. If the areas are planned for recreation, trails shall be provided so as to restrict compaction to a small area. Heavy use under trees shall be avoided unless measures to minimize compaction are undertaken. [Ord. 246 §§ 1, 2, 2006; Ord. 94-4; Code 1990 § 9.14.12.]

18.70.130 Parking lots.

A. General.

1. All parking lots shall be screened from view in urban areas along the entire perimeter of the lot by the construction of either a 3-foot-high earthen berm or a landscape buffer planted with shrubbery that can be maintained at a height of 3 feet. The minimum berm or buffer size shall be 5 feet in width. All landscaped islands shall have a minimum width of 5 feet excluding curbs.

2. The grading plans shall show the drainage of all planting areas and the heights of mounds. Mounds shall not exceed 3:1 slope, and no mound over 30 inches high shall be placed within 10 feet of any street and/or alley intersections.

3. Proposed treatment of all ground surfaces, including paving, turf, and gravel, shall be shown.

4. Planters. Planters containing live landscaping shall be provided adjacent to and within parking lots in accordance with the following regulations:

a) All landscaping shall be within planters bounded by a curb at least 6 inches wide and 6 inches high. No parking island planters shall be smaller than 25 square feet, excluding curbing. Each planter shall include an irrigation system.

Page 18.70-10


b) A planter at least 5 feet wide, excluding curbing, shall be provided adjacent to all street right-of-way. In addition, any area within the street right-of-way between the edge of the sidewalk and outer edge of the right-of-way shall also be developed as a planter or landscaped area in conjunction with the required 5-foot planter, unless this requirement is waived by the Community Development Department. A planter shall be increased to 8 feet, excluding curb, for every development on a public street which is classified as a collector (44 feet/66 feet) or larger. The planter shall include trees, shrubs, hedges, and other natural growth or other features such as berms, designed to form a partial visual screen at least three feet in height, except within 10 feet of street and driveway intersections where landscaping shall not be permitted to grow higher than 30 inches. Nothing in this section shall preclude the installation of additional landscaping and the planting of additional trees so long as such planting is consistent with the visibility regulations. At the discretion of the Community Development Department, a barrier-free, 4-foot-wide paved walkway may be provided through the required planter at street and driveway intersections to provide unencumbered access for the handicapped from the sidewalk to the parking lot. Such walkway shall be located so as to facilitate the most direct movement of persons using sidewalk curb ramps, if such are provided. Bus shelters may be located within this planter if approved by the Community Development Department, but such shelters shall not be placed so as to reduce the number of trees which are otherwise required by this section.

c) A 6-inch-high curb with a 12-inch-wide concrete walkway shall be constructed along planters on end stalls adjacent to automobile parking areas to facilitate access to parked vehicles.

d) A planter at least 5 feet wide, excluding curbing, shall be provided adjacent to all properties. Within this planter, one screen tree from the approved list shall be planted at an average of at least every 25 feet on center, in combination with other plants, to provide a dense visual screen. In addition, projects abutting residential uses shall incorporate additional trees and large shrubs between the trees to create an additional buffer.

5. In addition to the perimeter landscaping required by subsection (A)(1) of this section, parking lots of five spaces or more shall provide landscaped areas interior to the parking lot covering a percentage of the total parking area as follows:

Parking Spaces Percent of Total Parking Area to Be Landscaped

5–24 spaces 6.0% minimum

25–49 spaces 8.5% minimum

50+ spaces 11.0% minimum

6. When the total uncovered area on the property (including adjoining parcels over which the property has parking privileges) exceeds 3,600 square feet, the following shall be required in addition to other provisions of this section of a landscape plan:

Page 18.70-11


a) Trees, shrubbery, and ground cover shall be provided at suitable intervals in order to break up the continuity of the parking area. Planting islands for such trees and shrubs shall be protected from automobile traffic by concrete curbs.

b) All ends of parking lanes shall have landscaped islands. All landscaped islands shall have a minimum width of 5 feet excluding curbs.

7. Landscaped areas shall be distributed throughout the entire parking area as evenly as is appropriate in the design of the parking facility.

8. All landscaped areas shall be designed so that materials are protected from vehicle damage, encroachment, or overhang.

9. Public parking areas shall be designed with a permanent curb, bumper, wheel stop, or similar device so that a parked vehicle does not overhang required sidewalks, planters, or landscaped areas. If such protection is provided by means of a method designed to stop the wheel rather than the bumper of the vehicle, the stopping edge shall be placed no closer than 2 feet from the edge of any required sidewalks, planters, or landscaped areas, and from any building. The innermost 2 feet of each parking space, between the curb and any planter or sidewalk, may remain unpaved, be planted with low ground cover, or added to any required or proposed landscaping to allow for bumper overhang. This additional planting area is considered part of the parking space and may not be counted toward satisfying any landscaping requirement.

10. All shrubs used within parking lot landscape shall be drawn to reflect the average specimen size at 15 years of age. Shrubs shall be a minimum 5-gallon size; however, the use of smaller plants may be approved for areas where color or growth habits make it suitable.

B. Trees.

1. Trees shall be planted and maintained throughout the parking lot area to ensure that within 15 years after establishment of the parking lot at least 50 percent of the parking spaces will be shaded. The parking lot shading plan should be calculated by using the diameter of the tree crown at 15 years. Trees planted in order to comply with the regulations of this section shall be selected from the fast-growing tree list included in Appendix A attached to the ordinance codified in this chapter. The applicant may choose to select a tree outside this list provided the selected tree complies with the intent of this chapter. A mix of tree types is desired if more than five trees are proposed.

2. Parking lot trees shall be clean, fruitless, require little maintenance, be structurally strong, insect- and disease-resistant, and require little pruning.

3. 3. Tree sizes for parking lot planters shall be as follows:

a) Twenty-four-inch box minimum.

4. In addition to the above requirements, parking lot trees shall be planted in compliance with CMC 18.70.100.

C. Parking Lot Entry Treatment Standards.

1. Parking lot entries, for commercial/industrial projects over 5 gross acres in size, shall include additional special design requirements, including but not limited to the following:

a) Monument walls identifying the project.

Page 18.70-12


b) Enhanced landscape areas.

c) Specimen trees shall be a minimum of 36-inch box size.

d) Incorporate mounding within the overall design, with landscaped slopes not exceeding a 3:1 ratio, or three feet in height. No mound shall be within 10 feet of any street and/or alley intersections.

e) Enhanced paving at intersections within the parking lot area.

f) Use of enhanced paving at offset sidewalk crossings to alert drivers and pedestrians to the potential danger.

g) Trees which provide fall foliage shall be incorporated where appropriate. [Ord. 94-4; Code 1990 § 9.14.13.]

18.70.140 Special areas and features.

A. Buffer Planting/Screening Requirements.

1. An "incompatible land use" is defined as one that is more intensely developed than its neighbor. "Buffers" or "screens" consist of horizontal space (land) and vertical elements (plants, berms, fences or walls). The purpose of buffers is to physically separate and visually screen adjacent land uses that are not fully compatible.

2. All incompatible land uses shall provide a buffer area with a minimum width of 10 feet.

3. Buffer planting shall consist of a mix of large evergreen trees and shrubs as follows:

a) All trees must be a minimum of 8 feet in height at time of planting, and must have an expected height of at least 35 feet at maturity. Spacing shall be 30 feet on center.

b) All shrubs must be a minimum of 1.5 feet tall when planted, with an expected mature height of at least 6 feet within five years.

4. Clustering or staggering of plant materials is preferred over uniform planting.

5. Fences or walls must be constructed of materials compatible with the principal building.

6. Buffer planting shall occur along all freeways and major arterials in order to visually screen uses and provide noise reduction.

7. Residential development must be buffered from collector streets and higher road classifications.

B. Setback and Parkway Treatment Standards.

1. All major streets (88 feet or greater in width) shall contain a setback for parkway areas 8 feet from the public right-of-way.

2. Landscape plans for setback and parkway areas shall include but not be limited to the following:

a) Setback and parkway areas shall be properly designed and landscaped in order to establish a high level of development quality while providing for neighborhood identity where appropriate. The design shall utilize uniform street tree plantings with complementary landscape materials.

Page 18.70-13


b) Provide a design which ensures the desired screening, shading, appearance, and compatibility with established setback and parkway areas, including a sensitive transition between diverse landscape types and patterns.

c) Incorporate mounding within the overall design, with landscaped slopes not exceeding a 3:1 ratio, or 3 feet in height. No mound shall be within 10 feet of any street and/or alley intersections. A minimum of 6 feet of landscaping shall be placed on the exterior of perimeter walls and fences.

d) Incorporate walls and fences into the landscape design, including the special treatment of meandering walls, and wall breaks or openings where the design shall complement the interior landscaping of the adjacent development.

e) Street tree varieties shall be selected from the street tree list included in Appendix A attached to the ordinance codified in this chapter, and exact location shall be determined by the Community Development Department. The Community Development Department shall mark locations and inspect plant material on site, prior to planting. Sidewalks, curbs, and gutters must be clean of debris prior to marking. A 24-hour notice is required for inspection. The size of street trees shall be 24-inch box specimens. The 24-inch box trees shall be planted as street trees fronting the public parkway of City property.

C. Corner Treatment Standards.

1. Landscape plans for any development (including residential subdivisions) on streets less than 88 feet in width involving corner lots shall include additional special design requirements, including but not limited to the following:

a) A minimum landscape area of 300 square feet for corner areas.

b) Incorporate significant landscape features, including specimen trees, coordination with wall breaks or openings, and special "residential entry" image treatment wherever appropriate.

c) Specimen trees shall be a minimum of 24-inch box size.

d) Ensure that any corner landscape landscape plan will not interfere with safe sight distances for vehicular, bicycle, or pedestrian traffic.

D. Specific Tree Areas.

1. All major intersections (88 feet or greater in width) and cross streets shall contain intersection enhancement improvements at the time of development of abutting properties (refer to the City of Calimesa Street Tree Policy Intersection Enhancement Area (STD-L-060) of the City of Calimesa Construction Specifications and Improvement Standards). These areas shall utilize trees which provide fall foliage; these trees shall be selected from the fall foliage tree section in Appendix A attached to the ordinance codified in this chapter, and shall include additional special design requirements, including but not limited to the following:

a) A minimum landscape area of 1,250 square feet for corner areas.

b) Incorporate significant landscape features, including specimen trees, coordination with wall breaks or openings, and special city entry image treatment wherever appropriate.

Page 18.70-14


c) Incorporate signage which identifies the development; this signage shall be in the form of monument signs.

d) Specimen trees shall be a minimum of 24-inch box size.

e) Ensure that any corner landscape plan will not interfere with safe sight distances for vehicular, bicycle, or pedestrian traffic.

f) Clustering of fall foliage trees within specific tree areas.

E. Median Areas.

1. Landscape plans for median areas shall include additional special design requirements, including but not limited to the following:

a) Incorporate significant landscape features such as decorative rocks and enhanced paving.

b) Street trees from the approved street tree list included in Appendix A attached to the ordinance codified in this chapter shall be used in median areas along with the other landscaping requirements of this chapter.

c) Turf areas shall not be allowed in median areas.

d) Irrigation systems shall be underground; no spray heads shall be utilized.

e) Ensure that any landscape plan for median areas will not interfere with safe sight distances for vehicular, bicycle, or pedestrian traffic.

F. Water Features.

1. Decorative Water Features. Decorative water features typically include reflective pools and ponds, and spray and mist-type fountains. They function only as visual features, and are typically single water users in that they do not reuse or capture other irrigation water or stormwater runoff, nor is their wastewater reused for other project operations.

2. Functional Water Features. Functional water features provide a visual amenity or recreational feature which are integral to a required or desired project operation. Examples include swimming pools or other recreational amenities for residential projects; waterfalls and puddling type fountains to create white noise; holding ponds for HVAC (heating, ventilation, and air conditioning) equipment water.

3. Decorative water features, especially spray and mist-type fountains, are discouraged. Functional water features may be allowed, provided that the water feature is an integral part of the operations of the new development.

4. Decorative water features will be counted as turf area in accordance with the turf provisions of this chapter.

5. Functional water features will not be included in the maximum allowed turf area.

6. Swimming pools and spas should be covered when not in use to reduce water loss due to evaporation.

7. Where possible, water features (excluding swimming pools and spas) shall use recycled or reused water. [Ord. 94-4; Code 1990 § 9.14.14.]

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18.70.150 Landscape maintenance.

A. Landscape shall be maintained in accordance with CMC 18.75.100 in addition to the following:

1. All development projects, as a condition of approval, shall annex to the existing City of Calimesa lighting, landscape, and maintenance district.

2. Major development projects (commercial developments over 10 acres in size, industrial development over 15 acres, and residential developments including 100 units or more) shall be required to establish a subarea of the existing lighting, landscape, and maintenance district to cover the additional costs of lighting, landscape, and maintenance of the new project.

3. Trimming of shrubs and trees should enhance the natural form and beauty of the species. Topping of trees shall be avoided unless necessitated for public health and safety.

B. Street Trees.

1. All trees and related improvements shall be maintained by the abutting property owner, developers' landscape maintenance firm, homeowners association, or individual homeowner. All trees shall be properly watered and fertilized to assure a healthy and normal growth pattern. All street trees shall be trained, trimmed, or pruned to enhance and encourage the natural form, beauty, and growth habit of the species. Any severe cutback or topping is prohibited. Any other specific pruning or shaping request must first be authorized in writing by the City. However, a minimum 8-foot branch clearance (measured vertically) shall be maintained along sidewalks. Branches/canopy structures above all vehicular travelways shall be maintained to achieve a minimum vertical 15-foot clearance. However, emergency trimming or removal will be authorized in the event of an emergency affecting public health and safety.

Prior to the issuance of a certificate of occupancy, the landowner shall file a maintenance agreement or covenant and easement to enter and maintain, subject to the approval of the City Attorney. The agreement or covenant and easement to enter and maintain shall ensure that if the landowner, or subsequent owners, fails to maintain the required/installed site improvements, the City will be able to file an appropriate lien(s) against the property in order to accomplish the required maintenance. [Ord. 94-4; Code 1990 § 9.14.15.]

18.70.160 Landscape security/bonding requirements.

A. Bonding requirements for landscaping shall be in accordance with CMC 18.75.100(C).

B. Bonding for Street Trees.

1. Prior to the issuance of building or grading permits, the developer shall enter into an agreement with the City for the planting of the trees and for the guarantee and warranty of the work for a period of one year following the acceptance of all improvements as against any defective work or labor done, or defective materials furnished. The amount of the security shall be $100.00 for each tree required. The security shall be released when the one-year warranty period has ended.

2. Funding/Timing of Improvement/Plan Preparation.

Page 18.70-16


a) At the time of the street improvements, the developer shall fund and assure the installation of street trees and intersection enhancement (where applicable) as a condition of the development approval. The City shall also require the developer to deposit a $50.00 nonrefundable funding fee for future maintenance and care of each tree. Where the City Engineer and City Planner determine the installation of street trees is not feasible due to lack of ultimate improvements, right-of-way, or proper grade, existing drainage or soils conditions, utility constraints or public safety, the developer shall deposit cash funds sufficient to cover the costs of installment of required improvements specified by this policy at a future date. Deposit shall be made prior to development permits being approved. Street tree plans shall be submitted in a form and manner satisfactory to the City. They may be a part of street improvement plans or plans for a concurrent development project. Street tree installation guarantees shall be submitted concurrently with public improvement guarantees.

C. Acceptable Forms of Security.

1. A bond or bonds by one or more duly authorized corporate sureties acceptable to the City;

2. A deposit with the City of cash;

3. An irrevocable instrument of credit from one or more financial institutions acceptable to the City, subject to the regulation by the state or federal government, pledging that the funds necessary to carry out the agreements are on deposit until released by the City;

4. An irrevocable letter of credit issued by a financial institution acceptable to the City, subject to regulation by the state or federal government, guaranteeing that all or any portion of the funds available pursuant to the letter of credit will be paid upon the written demand of the City Manager, and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. [Ord. 94-4; Code 1990 § 9.14.16.]

18.70.170 Erosion control.

A. Standards for erosion control shall be in accordance with CMC 18.75.110 in addition to the following.

B. Temporary sediment control measures may consist of the placement of straw or hay bales, gravel or earth-filled sandbags, gravel or earthen berms, filter fabric-type fences and desilting basins with energy dissipators. [Ord. 94-4; Code 1990 § 9.14.17.]

18.70.180 Slopes.

A. Slopes exceeding 3 feet in vertical height shall be planted with an approved groundcover to protect the slope from erosion and instability.

B. Slopes exceeding 8 feet in vertical height shall be planted with approved groundcover, shrubs, spaced at not more than 10 feet on center, and trees, spaced not to exceed 20 feet on center; any combination of shrubs and trees at appropriate spacings and on a ratio of five shrubs to every tree is acceptable. Shrubs shall be a minimum of 5 gallon and trees a minimum of 15 gallon in size. Jute netting shall be required to help prevent slope erosion while planting materials mature. [Ord. 94-4; Code 1990 § 9.14.18.]

Page 18.70-17


18.70.190 Soils.

Soil preparation and testing shall be in accordance with CMC 18.75.130. [Ord. 94-4; Code 1990 § 9.14.19.]

18.70.200 Compliance.

Compliance with and enforcement of these standards shall be in accordance with CMC 18.75.150 and 18.75.160. [Ord. 94-4; Code 1990 § 9.14.20.]


If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this chapter. The City Council of the City of Calimesa hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions were to be declared invalid or unconstitutional. [Ord. 94-4; Code 1990 § 9.14.21.]

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Chapter 18.75 WATER CONSERVATION FOR LANDSCAPING Sections:

18.75.010 Purpose.



18.75.040 Landscape documentation package requirements.

18.75.050 Landscape irrigation and maintenance.

18.75.060 Compliance/plan submittal process.

18.75.070 Landscape water use efficiency enforcement.

18.75.080 Compliance with landscape documentation package.

18.75.090 Penalties.

18.75.100 Elements of the landscape documentation package.

18.75.110 Water-efficient landscape worksheet.

18.75.120 Soil management report.

18.75.130 Landscape design plan.

18.75.140 Irrigation design plan.

18.75.150 Grading design plan.

18.75.160 Certificate of completion.

18.75.170 Irrigation scheduling.

18.75.180 Landscape and irrigation maintenance schedule.

18.75.190 Irrigation audit, irrigation survey, and irrigation water use analysis.

18.75.200 Irrigation efficiency.

18.75.210 Recycled water.

18.75.220 Stormwater management.

18.75.230 Public education.

18.75.240 Environmental review.

18.75.250 Provisions for existing landscapes.


Page 18.75-1


18.75.270 Water waste prevention.

18.75.280 Effective precipitation.

Prior legislation: Ord. 92-18; Code 1990 Ch. 9.12.

18.75.010 Purpose.

The purpose of this chapter is to adopt the findings and declarations of the California Legislature enumerated in Government Code Section 65591.2 and adopt this chapter in compliance with Government Code Section 65595. The purpose of this chapter is also to:

A. Establish provisions for water management practices and water waste prevention;

B. Establish a structure for planning, designing, installing, maintaining, and managing water-efficient landscapes in new construction and rehabilitated projects;

C. To reduce the water demands from landscapes without a decline in landscape quality or quantity;

D. To retain flexibility and encourage creativity through appropriate design;

E. To assure the attainment of water-efficient landscape goals by requiring that landscapes not exceed a maximum water demand of 70 percent of its reference evapotranspiration (ETo) or any lower percentage as may be required by water purveyor policy or state legislation, whichever is stricter;

F. To eliminate water waste from overspray and/or runoff;

G. To achieve water conservation by raising the public awareness of the need to conserve water through education and motivation to embrace an effective water demand management program; and

H. To implement the requirements to meet the state of California Water Conservation in Landscaping Act 2006 and the California Code of Regulations Title 23, Division 2, Chapter 2.7. [Ord. 299 § 2, 2009.]


The terms used in this chapter have the meanings set forth below:

"Backfilling" means to refill an excavation, usually with excavated material.

"Backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.

"Check valve" or "anti-drain valve" means a valve located under a sprinkler head or other location in the irrigation system to hold water in the system to prevent drainage from the sprinkler heads when the system is off.

"City" shall mean the City of Calimesa.

"Established landscape" means the point at which plants in the landscape have developed significant root growth into the site. Typically, most plants are established after one or two years of growth.

Page 18.75-2


"Estimated annual water use" or "EAWU" means estimated total water use per year as calculated by the formula contained in CMC 18.75.040(B)(12)(n).

"Hydrozone" means a portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or nonirrigated.

"Invasive species" are nonindigenous species (e.g., plants or animals) that adversely affect the habitats they invade economically, environmentally, or ecologically. Lists of invasive species are included in the Western Riverside County Multi-Species Habitat Conservation Plan and the Coachella Valley Multi-Species Habitat Conservation Plan (incorporated by reference). In addition, for the purposes of this chapter, invasive species include other locally invasive species as further defined by a local lead agency.

"Landscape architect" means a person who holds a license to practice landscape architecture in the state of California (Government Code Section 5615).

"Landscaped area" or "LA" means all of the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance (MAWA) calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or impervious hardscapes, and other nonirrigated areas designated for nondevelopment (e.g., open spaces and existing native vegetation).

"Local water purveyor" means any entity that provides retail water service to customers in Calimesa, such as the Yucaipa Valley, South Mesa, and/or Beaumont Cherry Valley water districts.

"Low-volume irrigation" means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low-volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

"Maximum applied water allowance" or "MAWA" means the upper limit of annual applied water allowed for the established landscaped area.

"Overhead sprinkler irrigation systems" means systems that deliver water through the air (e.g., pop ups, impulse sprinklers, spray heads, and rotors).

"Reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters, which affect the water use of plants. ETo is given in inches per day, month, or year. Reference evapotranspiration is used as the basis of determining the maximum applied water allowances so that regional differences in climate can be accommodated. The California Department of Water Resources takes reference evapotranspiration numbers from the most current evapotranspiration zones map. For geographic areas not covered by the evapotranspiration zones map, data from nearby areas shall be used.

"Rehabilitated landscapes" means any re-landscaping project that requires a permit, plan check, or design review, and/or would meet the requirements of CMC 18.75.030.

"Smart irrigation controller" means an irrigation control device with a clock that automatically adjusts irrigation run times in response to environmental changes, including the use of sensors and weather information to manage watering times and frequency so that, as environmental conditions vary, the

Page 18.75-3


controller increases or decreases irrigation, or can turn off sprinklers automatically during rain, high wind, or low temperature.

"Special landscape area" means an area of the landscape dedicated to edible plants, areas irrigated with recycled water, and publicly accessible areas dedicated to active play such as parks, sports fields, or golf courses, where turf provides a playing field or where turf is needed for high traffic activities.

"Temporarily irrigated" means irrigation for the purposes of establishing plants, or irrigation which will not continue after plant establishment. Temporary irrigation is for a period of six months or less.

"Water intensive landscaping" means a landscape with a WUCOLS plant factor of 0.7 or greater.

"WUCOLS" means the publication entitled "Water Use Classification of Landscape Species" by the UC Cooperative Extension (1999 or most current version).

"Xeriscape" means a combination of landscape features and techniques that in the aggregate reduce the demand for and consumption of water, including appropriate low water using plants, nonliving ground cover, a low percentage of turf coverage, permeable paving ,and water-conserving irrigation techniques and systems. [Ord. 299 § 2, 2009.]


This chapter shall apply to all new and rehabilitated landscaping for public agency projects and private development projects in Calimesa, including:

A. The water-efficient landscape requirements contained in this chapter shall be applicable to all new construction landscapes which are homeowner-provided and/or homeowner-hired in single-family and multifamily projects with a total project landscape area equal to or greater than 5,000 square feet requiring a building or landscape permit, plan checks, or development plan review (DPR, including MDPRs) and/or all other landscape projects with a landscape area equal to or greater than 2,500 square feet subject to discretionary permits, plan checks, design reviews, and/or approvals.

B. In the event covenants, conditions, and restrictions (CC&Rs) are required by the City for any permit subject to this chapter, a condition shall be incorporated into any project approval prohibiting the use of water-intensive landscaping and requiring the use of low-water-use landscaping pursuant to the provisions of this chapter in connection with common area/open space landscaping. Additionally, such a condition shall also require the CC&Rs to incorporate provisions concerning landscape irrigation system management and maintenance. This chapter shall not be construed as requiring landscaping of common areas or open space that is intended to remain natural. CC&Rs shall not prohibit use of low-water-use plants or the replacement of turf with less water intensive plant species, or xeriscape.

C. CMC 18.75.250(B) applies to existing properties with landscape areas 1 acre or greater in size or properties served by a dedicated landscape irrigation meter.

D. Recognizing the special landscape needs of future cemeteries.

E. The following are exempt from the provisions of this chapter:

1. Any project with a total landscaped area less than 2,500 square feet;

2. Registered local, state, or federal historical sites;

Page 18.75-4


3. Ecological restoration projects that do not require a permanent irrigation system and have an establishment period of less than three years;

4. Mined-land reclamation projects that do not require a permanent irrigation system; and

5. Botanical gardens and arboretums open to the public. [Ord. 299 § 2, 2009.]

18.75.040 Landscape documentation package requirements.

An applicant proposing any new landscape that is subject to this chapter (CMC 18.75.210) and designated for recycled water use is advised that recycled water irrigation systems will entail additional coordination with the local water purveyor, the land use agency, and the maintenance entity's standards, approvals, and implementation requirements. Therefore, applicants shall consult with the appropriate water purveyor early in the development review process to ensure that future recycled water facilities meet the projected demand and that subsequent landscape plans comply with the applicable standards, approvals, and implementation requirements of the local water purveyor, land use agency, and maintenance entity.

Water systems for common open space areas shall use nonpotable water if approved facilities are made available by the water purveyor. Provisions for a nonpotable water system shall be provided within the landscape plan. Water systems designed to utilize non-potable water shall be designed to meet all applicable standards of the California Regional Water Quality Control Board and the Riverside County Health Department. This section is specific to water agencies. An applicant proposing any new or rehabilitated landscape subject to this chapter (CMC 18.75.030) shall prepare and submit to the Community Development Director documentation including the following:

1. Project information.

2. Planting plan.

3. Irrigation design plan.

4. Soil management plan.

5. Grading design plan.

An applicant proposing any new landscape that is subject to this chapter (CMC 18.75.210) and designated for recycled water use is advised that recycled water irrigation systems will entail additional coordination with the local water purveyor, the land use agency, and the maintenance entity's standards, approvals, and implementation requirements.

Therefore, applicants shall consult with the appropriate water purveyor early in the development review process to ensure that future recycled water facilities meet the projected demand and that subsequent landscape plans comply with the applicable standards, approvals, and implementation requirements of the local water purveyor, land use agency, and maintenance entity.

Water systems for common open space areas shall use nonpotable water if approved facilities are made available by the water purveyor. Provisions for a nonpotable water system shall be provided within the landscape plan. Water systems designed to utilize nonpotable water shall be designed to meet all applicable standards of the California Regional Water Quality Control Board and the Riverside County Health Department, and shall include the following:

Page 18.75-5


A. Project Information.

1. Date.

2. Applicant and applicant contact information.

3. Project owner and contact information.

4. Project address including parcel and lot numbers.

5. Total landscape area (square feet).

6. Project type (e.g., new, rehabilitated, public, private).

7. Water supply (e.g., potable, well, recycled). Use of recycled water is encouraged.

8. Applicant signature and date with statement "I agree to comply with the requirements of Chapter 18.75 CMC and submit a complete landscape documentation package."

B. Planting Plan Requirements.

1. The "Riverside County Guide to California Friendly Landscaping" (landscaping guide) is hereby incorporated by reference to assist with developing water-efficient landscapes.

2. Plant types shall be grouped together in regard to their water, soil, sun, and shade requirements and in relationship to the buildings. Plants with different water needs shall be irrigated separately. Plants with the following classifications shall be grouped accordingly: high and moderate, moderate and low, low and very low. Deviation from these groupings shall not be permitted.

3. Trees for shade shall be provided for residential, commercial, and industrial buildings, parking lots, and open space areas. These trees can be deciduous or evergreen and are to be incorporated to provide natural cooling opportunities for the purpose of energy and water conservation.

4. Plants shall be placed in a manner considerate of solar orientation to maximize summer shade and winter solar gain.

5. Plant selection for projects in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required. Fire-prone plant materials and highly flammable mulches shall be avoided.

6. Invasive species of plants shall be avoided especially near parks, buffers, greenbelts, water bodies, and open spaces because of their potential to cause harm to environmentally sensitive areas.

7. All exposed surfaces of non-turf areas within the developed landscape area shall be mulched with a minimum 3-inch layer of material, except in areas with ground cover planted from flats where mulch depth shall be 1.5 inches.

8. Stabilizing mulching products shall be used on slopes.

9. Turf areas shall be used in response to functional needs and in compliance with the water budget.

10. Decorative water features, such as fountains, reflection pools, etc., shall use recirculating water systems.

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11. Where available, recycled water shall be used as the source for irrigation and decorative water features.

12. Planting plans shall identify and site the following:

a) New and existing trees, shrubs, ground covers, and turf areas within the proposed landscape area;

b) Planting legend indicating all plant species by botanical name and common name, spacing, and quantities of each type of plant by container size;

c) Designation of hydrozones;

d) Area, in square feet, devoted to landscaping and a breakdown of the total area by landscape hydrozones;

e) Property lines, streets, and street names;

f) Building locations, driveways, sidewalks, retaining walls, and other hardscape features;

g) Appropriate scale and north arrow;

h) Any special landscape areas;

i) Type of mulch and application depth;

j) Type and surface area of any water features;

k) Type and installation details of any applicable stormwater best management practices;

l) Planting specifications and details, including the recommendations from the soils analysis, if applicable;

m) Maximum Applied Water Allowance.

i. Planting plans shall be prepared using the following water budget formula:

MAWA (in gallons) = (ETo)(0.62)[0.7 x LA + 0.3 x SLA] where ETo is reference evapotranspiration

SLA is the amount of special landscape area in square feet

LA is total landscape area (including the SLA) in square feet

ii. For the purposes of determining the maximum applied water allowance, average irrigation efficiency is assumed to be 0.71. Irrigation systems shall be designed, maintained, and managed to meet or exceed an average irrigation efficiency of 0.71.

n) Estimated Annual Water Use (EAWU).

i. EAWU for a given hydrozone is calculated as follows:

EAWU (in gallons) = (ETo)(0.62)[(PF x HA) 11E) + SLA] where ETo is reference evapotranspiration

PF is plant factor

HA is hydrozone area in square feet

IE is irrigation efficiency (minimum 0.71)

SLA is the amount of special landscape area in square feet

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ii. Landscaping plans shall provide EAWU (in the same units as the MAWA) for each valve circuit in the irrigation hydrozone. The sum of all EAWU calculations shall not exceed the MAWA for the project.

iii. The plant factor used shall be from WUCOLS. The plant factor for low water use plants ranges from 0 to 0.3, for moderate water use plants ranges from 0.4 to 0.6, and for high water use plants ranges from 0.7 to 1.0.

iv. The plant factor calculation is based on the proportions of the respective plant water uses and their plant factor or the plant factor of the higher water using plant is used.

v. The surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation and temporarily irrigated areas in the low water use hydrozone.

13. Planting plans and irrigation plans shall be drawn at the same size and scale.

14. The planting plan shall be prepared by a landscape architect licensed by the State of California.

C. Irrigation Design Plan Requirements.

1. The "Riverside County Guide to California Friendly Landscaping" (landscaping guide) is hereby incorporated by reference to assist the applicant in designing, constructing, and maintaining an efficient irrigation system.

2. Irrigation systems shall be designed, maintained, and managed to meet or exceed an average irrigation efficiency of 0.71.

3. All irrigation systems shall be designed to prevent runoff, overspray, low-head drainage, and other similar conditions where water flows off-site onto adjacent property, nonirrigated areas, walks, roadways, or structures. Irrigation systems shall be designed, constructed, managed, and maintained to achieve as high an overall efficiency as possible. The irrigation system shall be designed to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance.

4. Landscaped areas shall be provided with a smart irrigation controller, as defined in CMC 18.75.020, which automatically adjusts the frequency and/or duration of irrigation events in response to changing weather conditions unless the use of the property would otherwise prohibit use of a timer. The planting areas shall be grouped in relation to moisture control zones based on similarity of water requirements (i.e., turf separate from shrub and ground cover, full sun exposure areas separate from shade areas, top of slope separate from toe of slope). Additional water conservation technology may be required, where necessary, at the discretion of the Community Development Director.

5. Water systems for common open space areas shall use nonpotable water, if approved facilities are made available by the water purveyor. Provisions for the conversion to a nonpotable water system shall be provided within the landscape plan. Water systems designed to utilize nonpotable water shall be designed to meet all applicable standards of the California Regional Water Quality Control Board and the Riverside County Health Department.

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6. Separate valves shall be provided for separate water use planting areas, so that the same irrigation valve irrigates plants with similar water needs. All installations shall rely on highly efficient state-of-the-art irrigation systems to eliminate runoff and maximize irrigation efficiency as required by the landscaping guide.

7. Static water pressure, dynamic or operating pressure, and flow reading of the water supply shall be measured. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at the installation.

8. The capacity of the irrigation system shall not exceed:

a) The capacity required for peak water demand based on water budget calculations;

b) Meter capacity; or

c) Backflow preventer type and device capacity.

9. Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer.

10. In mulched planting areas, the use of low-volume irrigation is required to maximize water infiltration into the root zone.

11. Non-turf areas on slopes greater than 25 percent shall be irrigated with drip irrigation or other low-volume irrigation technology.

12. Long, narrow, or irregularly shaped areas including turf less than 8 feet in width in any direction shall be irrigated with subsurface irrigation or low-volume irrigation technology.

13. Overhead irrigation shall not be permitted within 24 inches of any nonpermeable surface. There are no restrictions on the irrigation system type if the landscape area is adjacent to permeable surfacing and no overspray and runoff occurs.

14. Overhead irrigation shall be limited to the hours of 8:00 p.m. to 9:00 a.m.

15. All irrigation systems shall be equipped with the following:

a) A smart irrigation controller as defined in subsection (C)(4) of this section;

b) A rain-sensing device to prevent irrigation during rainy weather;

c) Anti-drain check valves installed at strategic points to minimize or prevent low head drainage;

d) A manual shut-off valve shall be required as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency or routine repair;

e) A pressure regulator when the static water pressure is above or below the recommended operating pressure of the irrigation system;

f) Backflow prevention devices; and

g) Riser protection components for all risers in high-traffic areas.

16. Dedicated landscape meters shall be required for all projects greater than 2,500 square feet except single-family residences.

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17. Irrigation design plans shall identify and site the following:

a) Hydrozones.

i. Each hydrozone shall be designated by number, letter, or other designation;

ii. A hydrozone information table shall be prepared for each hydrozone;

b) The areas irrigated by each valve;

c) Irrigation point of connection (POC) to the water system;

d) Static water pressure at POC;

e) Location and size of water meter(s), service laterals, and back-flow preventers;

f) Location, size, and type of all components of the irrigation system, including automatic controllers, main and lateral lines, valves, sprinkler heads and nozzles, pressure regulator, drip and low-volume irrigation equipment;

g) Total flow rate (gallons per minute), and design operating pressure (psi) for each overhead spray and bubbler circuit, and total flow rate (gallons per hour) and design operating pressure (psi) for each drip and low-volume irrigation circuit;

h) Precipitation rate (inches per hour) for each overhead spray circuit;

i) Irrigation legend with the manufacturer name, model number, and general description for all specified equipment, separate symbols for all irrigation equipment with different spray patterns, spray radius, and precipitation rate;

j) Irrigation system details for assembly and installation;

k) Recommended irrigation schedule for each month, including number of irrigation days per week, number of start times (cycles) per day, minutes of run time per cycle, and estimated amount of applied irrigation water, expressed in gallons per month and gallons per year, for the established landscape; and

l) Irrigation design plans shall contain the following statement: "I agree to comply with the criteria of Chapter 18.75 CMC and to apply them for the efficient use of water in the irrigation design plan."

18. For each valve, two irrigation schedules shall be prepared, one for the initial establishment period of six months and one for the established landscape, which incorporate the specific water needs of the plants and turf throughout the calendar year.

19. Irrigation plans and planting plans (subsection (B) of this section) shall be drawn at the same size and scale.

D. Soil Management Plan Requirements.

1. After mass grading, the project applicant or his/her designee shall:

a) Perform a preliminary site inspection;

b) Determine the appropriate level of soil sampling and sampling method needed to obtain representative soil sample(s);

c) Conduct a soil probe test to determine if the soil in the landscape area has sufficient depth to support the intended plants; and

Page 18.75-10


d) Obtain appropriate soil sample(s).

2. The project applicant or his/her designee shall submit soil sample(s) to a laboratory for analysis and recommendation. The soil analysis may include:

a) Soil texture;

b) Infiltration rate determined by laboratory test or soil texture infiltration rate tables;

c) pH;

d) Total soluble salts;

e) Sodium; and

f) Recommendations.

3. The project applicant or his/her designee shall prepare documentation describing the following:

a) Soil type;

b) Identification of limiting soil characteristics;

c) Identification of planned soil management actions to remediate limiting soil characteristics; and

d) Submit the soil analysis report and documentation verifying implementation of soil analysis report recommendations to the City pursuant to the requirements of CMC 18.75.160, Certificate of completion.

E. Grading Design Plan Requirements, if Applicable. The landscape documentation package shall include rough/precise grade elevations prepared for the project by a licensed civil engineer. [Ord. 299 § 2, 2009.]

18.75.050 Landscape irrigation and maintenance.

This section applies to all landscape projects subject to this chapter.

A. The "Riverside County Guide to California Friendly Landscaping" (landscaping guide) is hereby incorporated by reference to assist the applicant in implementing landscape maintenance to ensure water use efficiency.

B. Two irrigation schedules shall be prepared, one for the initial establishment period of six months and one for the established landscape, which incorporate the specific water needs of the plants and turf throughout the calendar year. The irrigation schedule shall take into account the particular characteristics of the soil; shall be continuously available on site to those responsible for the landscape maintenance; and shall contain specifics as to optimum run time and frequency of watering, and irrigation hours per day. The schedule currently in effect shall be posted at the controller.

C. A regular maintenance schedule and certificate of completion shall be submitted to the Community Development Director, property owner, and water purveyor. A regular maintenance schedule shall include, but not be limited to, routine inspection, adjustments, and repair of the irrigation system and its components; aerating and de-thatching turf areas; replenishing mulch; fertilizing; pruning;

Page 18.75-11


weeding in all landscape areas and removing any obstruction to irrigation devices. Repair of all irrigation equipment shall be done with the originally installed components or equivalent.

D. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water-efficient landscapes described in this chapter.

E. Information shall be provided to owners of new, single-family residential homes regarding the design, installation, management, and maintenance of water-efficient landscapes. [Ord. 299 § 2, 2009.]

18.75.060 Compliance plan submittal process.

The Community Development Director or designee shall have the duty and authority to administer and enforce this chapter.

A. As part of the land development process and prior to construction, the City of Calimesa shall:

1. Provide the project applicant with the ordinance and procedures for permits, plan checks, or design reviews;

2. Review the landscape documentation package (CMC 18.75.040) submitted by the project applicant;

3. Approve or reject the landscape documentation package; and

4. Issue a permit or approve the plan check or design review for the project applicant.

B. As part of the land development process and prior to construction, the project applicant shall:

1. Submit a landscape documentation package to the City for review and approval by the Community Development Director. An independent licensed landscape architect to ensure that all components of the plans adhere to the requirements of this chapter shall review the planting plan, irrigation plan, and soils management plan. The licensed landscape architect shall sign the plans, verifying that the plans comply with this chapter. Any plans submitted without the signature of a licensed landscape architect shall not be accepted for review.

C. Prior to issuance of a certificate of occupancy or final inspection for a project subject to this chapter, a regular maintenance schedule and a certificate of completion shall be submitted to the Community Development Director certifying that the landscaping has been completed in accordance with the approved planting, irrigation, soil management, and grading design plans for the project. The certificate of completion shall be signed by a licensed landscape architect and shall indicate:

1. Date.

2. Project information:

a) Project name;

b) Project applicant name, telephone, mailing address;

c) Project address and location;

d) Property owner name and mailing address.

3. Prior to backfilling, evidence that the party responsible for irrigation installation conducted a preliminary field inspection of the irrigation system (evidence of field inspection shall be attached).

Page 18.75-12


4. The landscaping has been installed in conformance with the approved planting and irrigation plans.

5. Irrigation audit report performed by a certified irrigation auditor after project installation (audit report shall be attached).

6. The smart irrigation controller has been set according to the irrigation schedule.

7. The irrigation system has been adjusted to maximize irrigation efficiency and eliminate overspray and runoff.

8. A copy of the approved landscape documentation package, the irrigation schedule, and the maintenance schedule have been given to the property owner and local water purveyor.

9. Verification that the maintenance schedule has been provided to the Community Development Director.

D. At a minimum, all landscape irrigation audits shall comply with the "Irrigation Association Certified Landscape Irrigation Auditor Training Manual" (2004 or most current) and shall be conducted by a certified landscape irrigation auditor.

E. The Community Development Director or his/her designee shall have the right to enter on the project site at any time before, during. and after installation of the landscaping to conduct inspections for the purpose of enforcing this chapter. [Ord. 299 § 2, 2009.]

18.75.070 Landscape water use efficiency enforcement.

A. Restrictions. The following water conservation requirements are intended to avoid water waste, are effective at all times, and are permanent:

1. Limits on Watering Hours. Watering or irrigating of lawn, landscape, or other vegetated area with potable water is prohibited between the hours of 9:00 a.m. and 5:00 p.m. on any day, except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. Overhead irrigation shall be limited to the hours of 8:00 p.m. to 9:00 a.m.

2. No Excessive Water Flow or Runoff. Watering or irrigating of any lawn, landscape, or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter, or ditch is prohibited.

3. No Washing Down Hard or Paved Surfaces. Washing down hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios, or alleys, is prohibited except when necessary to alleviate safety or sanitary hazards, and then only by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off device, a low-volume, high-pressure cleaning machine equipped to recycle any water used, or a low-volume high-pressure water broom.

4. Obligation to Fix Leaks, Breaks, or Malfunctions. Excessive use, loss, or escape of water through breaks, leaks, or other malfunctions in the water user's plumbing or distribution system for any period of time after such escape of water should have reasonably been discovered and corrected and in no event more than seven days is prohibited.

Page 18.75-13


B. Landscape Meter Requirements.

1. A separate dedicated meter is required for landscape areas greater than or equal to 2,500 square feet.

2. The efficient use of water should be considered in the design of any new landscape area. The MAWA will be calculated for customers that request a new account using the formula in CMC 18.75.040(B)(12)(m).

3. Prior to the issuance of a meter, the new customer shall calculate the EAWU for each landscape area using the formula provided in CMC 18.75.040(B)(12)(n). The EAWU shall be submitted to the local water purveyor for review. For the new meter to be issued, the calculated water budget for the landscape area cannot exceed the MAWA calculated in CMC 18.75.080(B)(2).

4. New accounts that have to comply with equivalent or more stringent water use efficiency measures imposed by another jurisdiction do not need to comply with the requirements of this section, but do need to provide information about the landscape area to the local water purveyor.

a) A local agency may designate another agency, such as a water purveyor, to implement some or all of the requirements contained in this chapter. Local agencies may collaborate with water purveyors to define each entity's specific responsibilities relating to this chapter.

b) Applicability.

i. Except as provided in CMC 18.75.030(A), this section shall apply to:

(A) All new and rehabilitated landscaping for public agency projects and private development projects that require a permit; and

(B) Developer-installed landscaping in single-family and multifamily projects.

ii. Projects subject to this section shall conform to the provisions in CMC 18.75.030.

iii. This section shall not apply to:

(A) Homeowner-provided landscaping at single-family and multifamily projects;

(B) Cemeteries;

(C) Registered historical sites;

(D) Ecological restoration projects that do not require a permanent irrigation system;

(E) Mined-land reclamation projects that do not require a permanent irrigation system; or

(F) Any project with a landscape area less than 2,500 square feet.

C. Landscape Documentation Package.

1. A copy of the landscape documentation package conforming to this chapter shall be submitted to the City. No permit shall be issued until the City reviews and approves the landscape documentation package.

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2. A copy of the approved landscape documentation package shall be provided to the property owner or site manager along with the record drawings and any other information normally forwarded to the property owner or site manager.

3. A copy of the water conservation concept statement and the certificate of substantial completion shall be sent by the project manager to the local retail water purveyor.

4. Each landscape documentation package shall include the following elements, which are described in CMC 18.75.080(C):

a) Water conservation concept statement

b) Calculation of the maximum applied water allowance

c) Calculation of the estimated applied water use

d) Calculation of the estimated total water use

e) Landscape design plan

f) Irrigation design plan

g) Irrigation schedules

h) Maintenance schedule

i) Landscape irrigation audit schedule

j) Grading design plan

k) Soil analysis

l) Certificate of substantial completion (to be submitted after installation of the project)

5. If effective precipitation is included in the calculation of the estimated total water use, an effective precipitation disclosure statement from the landscape professional and the property owner shall be submitted with the landscape documentation package.

D. Elements of Landscape Documentation Package.

1. Water Conservation Concept Statement. Each landscape documentation package shall include a cover sheet, referred to as the water conservation concept statement, similar to the following example. It serves as a checklist to verify that the elements of the landscape documentation package have been completed and has a narrative summary of the project. [Ord. 299 § 2, 2009.]

18.75.080 Compliance with landscape documentation package.

A. Prior to construction, the local agency shall:

1. Provide the project applicant with this chapter and procedures for permits, plan checks, or design reviews;

2. Review the landscape documentation package submitted by the project applicant;

3. Approve or deny the landscape documentation package;

4. Issue a permit or approve the plan check or design review for the project applicant; and

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5. Upon approval of the landscape documentation package, submit a copy of the water-efficient landscape worksheet to the local water purveyor.

B. Prior to construction, the project applicant shall:

1. Submit a landscape documentation package to the local agency.

C. Upon approval of the landscape documentation package by the local agency, the project applicant shall:

1. Receive a permit or approval of the plan check or design review and record the date of the permit in the certificate of completion;

2. Submit a copy of the approved landscape documentation package along with the record drawings, and any other information to the property owner or his/her designee; and

3. Submit a copy of the water-efficient landscape worksheet to the local water purveyor. [Ord. 299 § 2, 2009.]

18.75.090 Penalties.

Any violation of this chapter shall be subject to penalties provided in Chapters 1.20 and 1.30. [Ord. 299 § 2, 2009.]

18.75.100 Elements of the landscape documentation package.

The landscape documentation package shall include the following six elements:

A. Project Information.

1. Date

2. Project applicant

3. Project address (if available, parcel and/or lot number(s))

4. Total landscape area (square feet)

5. Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed)

6. Water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well.

B. Checklist of all documents in landscape documentation package.

C. Project contacts to include contact information for the project applicant and property owner, applicant signature, and date with statement, "I agree to comply with the requirements of the water-efficient landscape ordinance and submit a complete landscape documentation package."

D. Water-efficient landscape worksheet.

E. Hydrozone information table.

F. Water Budget Calculations.

1. Maximum applied water allowance (MAWA);

2. Estimated total water use (ETWU);

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3. Soil management report;

4. Landscape design plan;

5. Irrigation design plan; and

6. Grading design plan. [Ord. 299 § 2, 2009.]

18.75.110 Water-efficient landscape worksheet.

A project applicant shall complete the water-efficient landscape worksheet, which contains two sections:

A. Hydrozone information table (see Appendix B to the ordinance codified in this chapter, Section A) for the landscape project; and

B. A water budget calculation (see Appendix B to the ordinance codified in this chapter, Section B) for the landscape project. For the calculation of the maximum applied water allowance and estimated total water use, a project applicant shall use the ETo values from the Reference Evapotranspiration Table in Section 495, Appendix A. For geographic areas not covered in Appendix A, use data from other cities located nearby in the same reference evapotranspiration zone.

1. Water budget calculations shall adhere to the following requirements:

a) The plant factor used shall be from WUCOLS. The plant factor ranges from 0 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants.

b) All water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone.

c) All special landscape areas shall be identified and their water use calculated as described below.

d) ETAF for special landscape areas shall not exceed 1.0.

2. The Maximum Applied Water Allowance. A project's maximum applied water allowance shall be calculated using the following formula:

MAWA = (ETo) (0.8) (LA) (0.62) where:

MAWA = Maximum Applied Water Allowance (gallons per year)

ETo = Reference Evapotranspiration (inches per year)

0.8 = ET Adjustment Factor

LA = Landscaped Area (square feet)

0.62 = conversion factor (to gallons per square foot)

3. Portions of landscaped areas in public and private projects such as parks, playgrounds, sports fields, golf courses, or schoolyards where turf provides a playing surface or serves other recreational purposes are considered recreational areas and may require water in addition to the maximum applied water allowance. A statement shall be included with the

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landscape design plan, designating recreational areas to be used for such purposes and specifying any needed amount of additional water above the maximum applied water allowance. [Ord. 299 § 2, 2009.]

18.75.120 Soil management report.

In order to reduce runoff and encourage healthy plant growth, the project applicant or designee shall complete a soil management report, as follows:

A. Submit soil samples to a laboratory for analysis and recommendations.

1. Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants.

2. The soil analysis may include:

a) Soil texture;

b) Infiltration rate determined by laboratory test or soil texture infiltration rate table;

c) pH;

d) Total soluble salts;

e) Sodium;

f) Percent organic matter; and

g) Recommendations.

3. The project applicant, or his/her designee, shall comply with one of the following:

a) If significant mass grading is not planned, the soil analysis report shall be submitted to the local agency as part of the landscape documentation package; or

b) If significant mass grading is planned, the soil analysis report shall be submitted to the local agency as part of the certificate of completion.

4. The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans.

5. The project applicant, or designee, shall submit documentation verifying implementation of soil analysis report recommendations to the local agency with the certificate of completion.

B. Landscape Design Plan. A landscape design plan meeting the following requirements shall be submitted as part of the landscape documentation package.

C. Plant Selection and Grouping.

1. Any plants may be used in the landscape, providing the estimated applied water use recommended does not exceed the maximum applied water allowance and that the plants meet the specifications set forth in CMC 18.75.040(B).

2. Plants having similar water use shall be grouped together in distinct hydrozones.

3. Plants shall be selected appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the site. Protection and preservation of native species and

Page 18.75-18


natural areas is encouraged. The planting of trees is encouraged wherever it is consistent with the other provisions of this chapter.

4. Fire prevention needs shall be addressed in areas that are fire-prone. Information about fire-prone areas and appropriate landscaping for fire safety is available from local fire departments or the California Department of Forestry. [Ord. 299 § 2, 2009.]

18.75.130 Landscape design plan.

A. For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. A landscape design plan meeting the following design criteria shall be submitted as part of the landscape documentation package:

1. Plant Material. Any plant may be selected for the landscape, providing the estimated total water use in the total landscape area does not exceed the maximum applied water allowance. To encourage the efficient use of water, the following is highly recommended:

a) Protection and preservation of native species and natural vegetation;

b) Selection of water-conserving plant species and turf species;

c) Selection of trees based on applicable local tree ordinances or tree shading guidelines; and

d) Selection of plants from local and regional landscape program plant lists.

2. Each hydrozone shall have plant materials with similar water use, with the exception of for hydrozones with plants of mixed water use, as specified in CMC 18.75.140(B).

3. Plants shall be selected and planted appropriately based on their adaptability to the climatic, geologic, and topographical conditions of the project site. To encourage the efficient use of water, the following is highly recommended:

a) Use the Sunset Western Climate Zone System, which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate;

b) Recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure (e.g., buildings, sidewalks, power lines); and

c) Consider the solar orientation for plant placement to maximize summer shade and winter solar gain.

4. Turf is not allowed on slopes greater than 25 percent where the toe of the slope is adjacent to an impermeable hardscape, and where 25 percent means 1 foot of vertical elevation change for every 4 feet of horizontal length (rise divided by run times 100 equals slope percent).

5. A landscape design plan for projects in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code Section 4291(a) and (b). Avoid fire-prone plant materials and highly flammable mulches.

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6. The use of invasive and/or noxious plant species is discouraged. Invasive species of plants shall be avoided especially near parks, buffers, greenbelts, water bodies, and open spaces because of their potential to cause harm to environmentally sensitive areas.

7. The architectural guidelines of a common interest development, which includes community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low water use plants as a group.

B. Water Features.

1. Recirculating water shall be used for decorative water features.

2. Pool and spa covers are encouraged to prevent evaporation.

3. Where available, recycled water shall be used as a source for decorative water features.

4. Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation.

C. Mulch and Amendments.

1. A minimum 2-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting ground covers, or direct seeding applications where mulch is contraindicated.

2. Stabilizing mulching products shall be used on slopes.

3. The mulching portion of the seed/mulch slurry in hydroseeded applications shall meet the mulching requirement.

4. Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected as noted in CMC 18.75.120(C).

D. Landscape Design Plan Specifications. The landscape design plan shall be drawn on project base sheets at a scale that accurately and clearly identifies:

1. Designation of hydrozones.

2. Landscape materials, trees, shrubs, ground cover, turf, and other vegetation. Planting symbols shall be clearly drawn and plants labeled by botanical name, common name, container size, spacing, and quantities of each group of plants indicated.

3. Property lines and street names.

4. Streets, driveways, walkways, and other paved areas.

5. Pools, ponds, water features, fences, and retaining walls.

6. Existing and proposed buildings and structures including elevation if applicable.

7. Natural features including but not limited to rock outcroppings, existing trees, and shrubs that will remain.

8. Tree staking, plant installation, soil preparation details, and any other applicable planting and installation details.

9. A calculation of the total landscaped area.

10. Designation of recreational areas.

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E. The landscape design plan shall follow standard industry practices and applicable local agency requirements. The landscape design plan, at a minimum, shall:

1. Delineate and label each hydrozone by number, letter, or other method.

2. Identify each hydrozone as low, moderate, high water or mixed water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation.

3. Identify recreational areas.

4. Identify areas permanently and solely dedicated to edible plants.

5. Identify areas irrigated with recycled water.

6. Identify type of mulch and application depth.

7. Identify soil amendments, type, and quantity.

8. Identify type and surface area of water features.

9. Identify hardscapes (pervious and nonpervious).

10. Identify location and installation details of any applicable stormwater best management practices that encourage on-site retention and infiltration of stormwater. Stormwater best management practices are encouraged in the landscape design plan and examples include, but are not limited to:

a) Infiltration beds, swales, and basins that allow water to collect and soak into the ground;

b) Constructed wetlands and retention ponds that retain water, handle excess flow, and filter pollutants; and

c) Pervious or porous surfaces (e.g., permeable pavers or blocks, pervious or porous concrete) that minimize runoff.

11. Identify any applicable rain harvesting or catchment technologies (e.g., rain gardens, cisterns).

12. Contain the following statement: "I have complied with the criteria of Chapter 18.75 and applied them for the efficient use of water in the landscape design plan."

13. The signature of a licensed landscape architect, licensed landscape contractor, or any other applicable landscape professional, person, licensed or unlicensed, authorized to design a landscape.

F. Irrigation Design Plan. An irrigation design plan meeting the following conditions shall be submitted as part of the landscaped documentation package:

1. Irrigation Design Criteria.

a) Runoff and Overspray. Soil types and infiltration rate shall be considered when designing the irrigation systems. All irrigation systems shall be designed to avoid runoff, low head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, or structures. Proper irrigation equipment and schedules, including features such as repeat cycles, shall be used to closely match application rates to infiltration rates, therefore minimizing runoff. Special

Page 18.75-21


attention shall be given to avoid runoff on slopes and to avoid overspray in planting areas with a width less than 10 feet, and in median strips. No overhead sprinkler irrigation systems shall be installed in median strips less than 10 feet wide.

b) Irrigation Efficiency. For the purpose of determining the maximum applied water allowance, irrigation efficiency is assumed to be 0.625. Irrigation systems shall be designed, maintained, and managed to meet or exceed 0.625 efficiency.

c) Equipment – Water Meters. Separate landscape water meters shall be installed for all projects except for single-family homes or any project with a landscaped area of less than 5,000 square feet.

d) Controllers. Automatic control systems shall be required for all irrigation systems and must be able to accommodate all aspects of the design.

e) Valves. Plants which require different amounts of water shall be irrigated by separate valves. If one valve is used for a given area, only plants with similar water use shall be used in that area. Anti-drain (check) valves shall be installed in strategic points to minimize or prevent low head drainage.

f) Sprinkler Heads. Heads and emitters shall have consistent application rates within each control valve circuit. Sprinkler heads shall be selected for proper area coverage, application rate, operating pressure, adjustment capability, and ease of maintenance.

g) Rain-Sensing Override Devices. Rain-sensing override devices shall be required on all irrigation systems.

h) Soil Moisture Sensing Devices. It is recommended that soil moisture sensing devices be considered where appropriate.

G. Recycled Water.

1. The installation of recycled water irrigation systems (dual distribution systems) shall be required to allow for the current and future use of recycled water, unless a written exemption has been granted as described in CMC 18.75.210(B).

2. Irrigation systems shall make use of recycled water unless a written exemption has been granted by the local water agency, stating that recycled water meeting all health standards is not available and will not be available in the foreseeable future.

The recycled water irrigation systems shall be designed and operated in accordance with all local and state codes. [Ord. 299 § 2, 2009.]

18.75.140 Irrigation design plan.

A. For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturer's recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the landscape documentation package:

1. System.

a) Dedicated landscape water meters are highly recommended on landscape areas smaller than 5,000 square feet to facilitate water management.

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b) Weather-based irrigation controllers or soil-moisture-based controllers or other self-adjusting irrigation controllers shall be required for irrigation scheduling in all irrigation systems.

c) The irrigation system shall be designed to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance.

i. If the static pressure is above or below the required dynamic pressure of the irrigation system, pressure-regulating devices such as inline pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system.

ii. Static water pressure, dynamic or operating pressure, and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at installation.

2. Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions such as rain or a freeze shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain.

3. Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be required, as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency (such as a main line break) or routine repair.

4. Back-flow prevention devices shall be required to protect the water supply from contamination by the irrigation system. A project applicant shall refer to the applicable local agency code (i.e., public health) for additional backflow prevention requirements.

5. High flow sensors that detect and report high flow conditions created by system damage or malfunction are recommended.

6. The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto nontargeted areas, such as adjacent property, nonirrigated areas, hardscapes, roadways, or structures.

7. Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems.

8. The design of the irrigation system shall conform to the hydrozones of the landscape design plan.

9. The irrigation system must be designed and installed to meet irrigation efficiency criteria as described in CMC 18.75.200 regarding the maximum applied water allowance.

10. It is highly recommended that the project applicant or local agency inquire with the local water purveyor about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system.

11. In mulched planting areas, the use of low-volume irrigation is required to maximize water infiltration into the root zone.

12. Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer's recommendations.

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13. Head-to-head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer's recommendations.

14. Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to high-traffic areas.

15. Check valves or anti-drain valves are required for all irrigation systems.

16. Long, narrow, or irregularly shaped areas, including turf, less than 8 feet in width in any direction shall be irrigated with subsurface irrigation or low-volume irrigation technology.

17. Overhead irrigation shall not be permitted within 24 inches of any nonpermeable surface. Allowable irrigation within the setback from non-permeable surfaces may include drip, drip line, or other low-flow non-spray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if:

a) The landscape area is adjacent to permeable surfacing and no overspray or runoff occurs; or

b) The adjacent nonpermeable surfaces are designed and constructed to drain entirely to landscaping; or

c) The irrigation designer specifies an alternative design or technology as part of the landscape documentation package and clearly demonstrates strict adherence to irrigation system design criteria in CMC 18.75.130(F)(1). Prevention of overspray and runoff must be confirmed during irrigation audit.

18. Slopes greater than 25 percent shall not be irrigated with an irrigation system with a precipitation rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the landscape documentation package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during irrigation audit.

B. Hydrozone.

1. Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use.

2. Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone.

3. Where feasible, trees shall be placed on separate valves from shrubs, ground covers, and turf.

4. Individual hydrozones that mix plants of moderate and low water use or moderate and high water use may be allowed if:

a) Plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or

b) The plant factor of the higher water using plant is used for calculations.

5. Individual hydrozones that mix high and low water use plants shall not be permitted.

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6. On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter, or other designation. On the irrigation design plan, designate the areas irrigated by each valve, and assign a number to each valve. Use this valve number in the hydrozone information table. This table can also assist with pre-inspection and final inspection of the irrigation system, and programming the controller.

7. Irrigation Design Plan Specifications. Irrigation systems shall be designed to be consistent with hydrozones. The irrigation design plan shall be drawn on project base sheets. It shall be separate from but use the same format as the landscape design plan. The scale shall be the same as that used for the landscape design plan described in CMC 18.75.130. The irrigation design plan shall accurately and clearly identify:

a) Location and size of separate water meters for the landscape.

b) Location, type, and size of all components of the irrigation system, including automatic controllers, main and lateral lines, valves, sprinkler heads, moisture-sensing devices, rain switches, quick couplers, and backflow prevention devices.

c) Static water pressure at the point of connection to the public water supply.

d) Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (psi) for each station.

e) Recycled water irrigation systems as specified in CMC 18.75.210.

8. The irrigation design plan, at a minimum, submitted to the local agency shall follow standard industry practices and applicable local agency requirements, including:

a) Location and size of separate water meters for landscape.

b) Location, type, and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices.

c) Static water pressure at the point of connection to the public water supply.

d) Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station.

e) Recycled water irrigation systems as specified in CMC 18.75.210.

f) The following statement: "I have complied with the criteria of Chapter 18.75 and applied them accordingly for the efficient use of water in the irrigation design plan."

g) The signature of a licensed landscape architect, certified irrigation designer, irrigation consultant, licensed landscape contractor, or any other applicable landscape professional or person, licensed or unlicensed, authorized to design an irrigation system.

h) Irrigation schedules satisfying the following conditions shall be submitted as part of the landscape documentation package.

An annual irrigation program with monthly irrigation schedules shall be required for the plant establishment period, for the established landscape, and for any temporarily irrigated areas.

Page 18.75-25


C. The irrigation schedule shall:

1. Include run time (in minutes per cycle), suggested number of cycles per day, and frequency of irrigation for each station.

2. Provide the amount of applied water (in hundred cubic feet, gallons, or in whatever billing units the local water supplier uses) recommended on a monthly and annual basis.

3. The total amount of water for the project shall include water designated in the estimated total water use calculation plus water needed for any water features, which shall be considered as a high water using hydrozone.

4. Recreational areas designated in the landscape design plan shall be highlighted and the irrigation schedule shall indicate if any additional water is needed above the maximum applied water allowance because of high plant factors (but not due to irrigation inefficiency).

5. Whenever possible, irrigation scheduling shall incorporate the use of evapotranspiration data such as those from the California Irrigation Management Information System (CIMIS) weather stations to apply the appropriate levels of water for different climates.

6. Whenever possible, landscape irrigation shall be scheduled between 2:00 a.m. and 10:00 a.m. to avoid irrigating during times of high wind or high temperature.

D. Maintenance Schedules. A regular maintenance schedule satisfying the following conditions shall be submitted as part of the landscape documentation package:

1. Landscapes shall be maintained to ensure water efficiency. A regular maintenance schedule shall include but not be limited to checking, adjusting, and repairing irrigation equipment; resetting the automatic controller; aerating and dethatching turf areas; replenishing mulch; fertilizing; and pruning and weeding in all landscaped areas.

2. Whenever possible, repair of irrigation equipment shall be done with the originally specified materials or their equivalents.

E. Landscape Irrigation Audit Schedules.

1. A schedule of landscape irrigation audits, for all but single-family residences, satisfying the following conditions shall be submitted to the City as part of the landscape documentation package.

a) At a minimum, audits shall be in accordance with the State of California Landscape Water Management Program as described in the Landscape Irrigation Auditor Handbook, the entire document, which is hereby incorporated by reference. (See Landscape Irrigation Auditor Handbook (June 1990) version 5.5 [formerly Master Auditor Training].)

b) The schedule shall provide for landscape irrigation audits to be conducted by certified landscape irrigation auditors at least once every five years.

2. Grading Design Plan. Grading design plans satisfying the following conditions shall be submitted as part of the landscape documentation package:

a) A grading design plan shall be drawn on project base sheets. It shall be separate from but use the same format as the landscape design plan.

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b) The grading design plan shall indicate finished configurations and elevations of the landscaped area, including the height of graded slopes, drainage patterns, pad elevations, and finish grade. [Ord. 299 § 2, 2009.]

18.75.150 Grading design plan.

A. For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff, and water waste. A grading plan shall be submitted as part of the landscape documentation package. A comprehensive grading plan prepared by a civil engineer for other local agency permits satisfies this requirement.

1. The project applicant shall submit a landscape grading plan that indicates finished configurations and elevations of the landscape area including:

a) Height of graded slopes;

b) Drainage patterns;

c) Pad elevations;

d) Finish grade; and

e) Stormwater retention improvements, if applicable.

2. To prevent excessive erosion and runoff, it is highly recommended that project applicants:

a) Grade so that all irrigation and normal rainfall remains within property lines and does not drain onto nonpermeable hardscapes;

b) Avoid disruption of natural drainage patterns and undisturbed soil; and

c) Avoid soil compaction in landscape areas.

3. The grading design plan shall contain the following statement: "I have complied with the criteria of Chapter 18.75 C and applied them accordingly for the efficient use of water in the grading design plan" and the signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other applicable landscape professional or person, licensed or unlicensed, as listed in the Business and Professions Code, California Code of Regulations, or Food and Agriculture Code licensed professional as required by law.

B. Soils. A soil analysis satisfying the following conditions shall be submitted as part of the landscape documentation package:

1. Determination of soil texture, indicating the percentage of organic matter.

2. An approximate soil infiltration rate (either measured or derived from soil texture/infiltration rate tables). A range of infiltration rates shall be noted where appropriate.

3. Measure of pH and total soluble salts.

4. A mulch of at least 3 inches shall be applied to all planting areas except turf.

C. Certification.

1. Upon completing the installation of the landscaping and the irrigation system, an irrigation audit shall be conducted by a certified landscape irrigation auditor prior to the final field

Page 18.75-27


observation. (See Landscape Irrigation Auditor Handbook, as referenced in CMC 18.75.250(B).)

2. A licensed landscape architect or contractor, certified irrigation designer, or other licensed or certified professional in a related field shall conduct a final field observation and shall provide a certificate of substantial completion to the City. The certificate shall specifically indicate that plants were installed as specified, that the irrigation system was installed as designed, and that an irrigation audit has been performed, along with a list of any observed deficiencies.

3. Certification shall be accomplished by completing a certificate of substantial completion and delivering it to the City, to the retail water supplier, and to the owner of record. The City may provide a sample of the form as requested. [Ord. 299 § 2, 2009.]

18.75.160 Certificate of completion.

A. A certificate of completion provided by the applicant shall include the following six elements, including the following information and documentation:

1. Project information sheet that contains:

a) Date;

b) Project name;

c) Project applicant name, telephone, and mailing address;

d) Project address and location; and

e) Property owner name, telephone, and mailing address;

2. Certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved landscape documentation package;

3. Parameters used to set the controller;

4. Landscape and irrigation maintenance schedule;

5. Irrigation audit report; and

6. Soil analysis report, if not submitted with landscape documentation package, and documentation verifying implementation of soil report recommendations.

B. The project applicant shall:

1. Submit the signed certificate of completion to the local agency for review;

2. Ensure that copies of the approved certificate of completion are submitted to the local water purveyor and property owner or his or her designee.

C. The local agency shall:

1. Receive the signed certificate of completion from the project applicant;

2. Approve or deny the certificate of completion. If the certificate of completion is denied, the local agency shall provide information to the project applicant regarding reapplication, appeal or other assistance. [Ord. 299 § 2, 2009.]

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18.75.170 Irrigation scheduling.

For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria:

A. Irrigation scheduling shall use automatic irrigation systems and evapotranspiration data such as those from the California Irrigation Management Information System (CIMIS).

B. Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from the local water purveyor, the stricter of the two shall apply. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.

C. For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water meets the estimated total water use. Total annual applied water shall be less than or equal to maximum applied water allowance (MAWA). Actual irrigation schedules shall be based on current time reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor.

D. Parameters used to set the controller shall be developed and submitted for each of the following:

1. The plant establishment period;

2. The established landscape; and

3. Temporarily irrigated areas.

E. Each irrigation schedule shall consider for each station all of the following that apply:

1. Irrigation interval (days between irrigation);

2. Irrigation run times (hours or minutes per irrigation event to avoid runoff);

3. Number of cycle starts required for each irrigation event to avoid runoff;

4. Amount of applied water scheduled to be applied on a monthly basis;

5. Application rate setting;

6. Root depth setting;

7. Plant type setting;

8. Soil type;

9. Slope factor setting;

10. Shade factor setting; and

11. Irrigation uniformity or efficiency setting. [Ord. 299 § 2, 2009.]

18.75.180 Landscape and irrigation maintenance schedule.

A. Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the certificate of completion.

Page 18.75-29


B. A regular maintenance schedule shall include, but not be limited to, routine inspection, adjustment and repair of the irrigation system and its components, aerating and dethatching turf areas, replenishing mulch, fertilizing, pruning, weeding in all landscape areas, and removing any obstruction to emission devices.

C. Repair of all irrigation equipment shall be done with the originally installed components or their equivalents.

D. A project applicant is encouraged to implement sustainable or environmentally friendly practices for overall landscape maintenance. [Ord. 299 § 2, 2009.]


A. At a minimum, all landscape irrigation audits shall comply with the Irrigation Association Certified Landscape Irrigation Auditor Training Manual (2004 or most current edition), which is hereby incorporated by reference.

B. All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.

C. For new construction and rehabilitated landscape projects installed after January 1, 2010:

1. The project applicant shall submit an irrigation audit report with the certificate of completion to the local agency that may include, but is not limited to, inspection, system tune-up, system test with distribution uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule;

2. The local agency shall administer programs that may include, but not be limited to, irrigation water use analysis, irrigation audits and irrigation surveys for compliance with the maximum applied water allowance. [Ord. 299 § 2, 2009.]

18.75.200 Irrigation efficiency.

For the purpose of determining maximum applied water allowance, average irrigation efficiency is assumed to be 0.71. Irrigation systems shall be designed, maintained, and managed to meet or exceed an average landscape irrigation efficiency of 0.71. [Ord. 299 § 2, 2009.]

18.75.210 Recycled water.

A. The installation of recycled water irrigation systems shall allow for the current and future use of recycled water, unless the local water purveyor has provided written documentation in letter form, indicating that recycled water is not generally available at the location.

B. Irrigation systems and decorative water features shall use recycled water unless a written exemption has been granted by the local water purveyor agency stating that recycled water meeting all public health codes and standards is not available and will not be available for the foreseeable future.

C. All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and state laws.

D. Landscapes using recycled water are considered special landscape areas. [Ord. 299 § 2, 2009.]

Page 18.75-30


18.75.220 Stormwater management.

A. Stormwater management practices minimize runoff and increase infiltration, which recharges groundwater and improves water quality. Implementing stormwater best management practices into the landscape and grading design plans to minimize runoff and to increase on-site retention and infiltration are encouraged.

B. Project applicants shall refer to the local agency or Regional Water Quality Control Board for information on any applicable stormwater ordinances and stormwater management plans.

C. Rain gardens and other landscape features that increase rainwater capture and infiltration are recommended.

D. Public Education.

1. Publications.

a) Local agencies shall provide information to owners of all new, single-family residential homes regarding the design, installation, and maintenance of water-efficient landscapes.

b) Information about the efficient use of landscape water shall be provided to water users throughout the community. [Ord. 299 § 2, 2009.]

18.75.230 Public education.

Education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principles of design, installation, management, and maintenance that save water is encouraged in the community.

A. A local agency shall provide information to owners of new, single-family residential homes regarding the design, installation, management, and maintenance of water-efficient landscapes.

B. Model Homes. At least one model home that is landscaped in each project consisting of eight or more homes shall demonstrate via signs and information the principles of water-efficient landscapes described in this chapter.

1. Signs shall be used to identify the model as an example of water-efficient landscape and featuring elements such as hydrozones, irrigation equipment, and others, which contribute to the overall water-efficient theme.

2. Information shall be provided about designing, installing, and maintaining water-efficient landscapes.

3. Model Homes. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water-efficient landscapes described in this chapter.

a) Signs shall be used to identify the model as an example of a water-efficient landscape featuring elements such as hydrozones, irrigation equipment ,and others that contribute to the overall water-efficient theme.

b) Information shall be provided about designing, installing, managing, and maintaining water-efficient landscapes. [Ord. 299 § 2, 2009.]

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18.75.240 Environmental review.

A. The adoption of the model water-efficient landscape ordinance by the State of California is not subject to review under the California Environmental Quality Act (CEQA).

B. The local agency must comply with the California Environmental Quality Act (CEQA), as appropriate. [Ord. 299 § 2, 2009.]

18.75.250 Provisions for existing landscapes.

A. A local agency may designate another agency, such as a water purveyor, to implement some or all of the requirements contained in this chapter. Local agencies may collaborate with water purveyors to define each entity's specific responsibilities relating to this chapter.

B. Water Management. All existing landscaped areas to which the City provides water that are 1 acre or more, including golf courses, green belts, common areas, multifamily housing, schools, businesses, parks, cemeteries, and publicly owned landscapes, shall have a landscape irrigation audit at least every five years. At a minimum, the audit shall be in accordance with the California Landscape Water Management Program as described in the Landscape Irrigation Auditor Handbook, the entire document which is hereby incorporated by reference.

1. If the project's water bills indicate that they are using less than or equal to the maximum applied water allowance for that project site, an audit shall not be required.

2. Recognition of projects that stay within the maximum applied water allowance is encouraged. [Ord. 299 § 2, 2009.]


A. This section shall apply to all existing landscapes that were installed before January 1, 2010, and are over 1 acre in size.

1. For all landscapes that have a water meter, the local agency shall administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys, and irrigation audits that verify landscape water use does not exceed the maximum applied water allowance for existing landscapes. The maximum applied water allowance for existing landscapes shall be calculated as MAWA = (0.8)(ETo)(LA)(0.62).

2. For all landscapes that do not have a meter, the local agency shall administer programs that may include, but not be limited to, irrigation surveys and irrigation audits that verify proper operation of the irrigation system and prevent water waste.

B. For all existing landscapes installed before January 1, 2010, with a dedicated or mixed-use water meter that are 1 acre or more, including golf courses, green belts, common areas, multifamily housing, schools, businesses, parks, cemeteries, and publicly owned landscapes, the local agency shall administer programs that may include but not be limited to irrigation water use analyses, irrigation surveys, and irrigation audits to meet the existing landscape maximum applied water allowance.

For all existing landscapes installed before January 1, 2010, without a meter that are 1 acre or more, the local agency shall administer programs that may include but not be limited to irrigation surveys and irrigation audits to meet the existing landscape maximum applied water allowance.

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C. Maximum applied water allowance for existing landscapes shall be calculated as MAWA = (0.8)(ETo)(LA)(0.62).

D. The audit shall comply with the Irrigation Association Certified Landscape Irrigation Auditor Training Manual (2004 or the most current edition).

E. All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor. [Ord. 299 § 2, 2009.]

18.75.270 Water waste prevention.

A. It shall be a violation of this section to willfully allow water waste resulting from inefficient landscape irrigation runoff to leave the target landscape area due to low head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, parking lots, or structures.

B. Restrictions regarding overspray may be modified if:

1. The landscape area is adjacent to permeable surfacing and no overspray or runoff occurs; or

2. The adjacent nonpermeable surfaces are designed and constructed to drain entirely to landscaping. [Ord. 299 § 2, 2009.]

18.75.280 Effective precipitation.

If effective precipitation is included in the calculation of the estimated total water use, an effective precipitation disclosure statement (similar to the sample effective precipitation disclosure statement attached to the ordinance codified in this chapter) shall be completed, signed, and submitted with the landscape documentation package. No more than 25 percent of the local annual mean precipitation shall be considered effective precipitation in the calculation of the estimated total water use.

A local agency may consider effective precipitation (25 percent of annual precipitation) in tracking water use and may use the following equation to calculate maximum applied water allowance: MAWA = (ETo-Eppt)(0.62)(0.7 x LA + 0.3 x SLA). [Ord. 299 § 2, 2009.]

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Chapter 18.80 TREE PRESERVATION

Sections:

18.80.010 Purpose.

18.80.020 Oak tree protection and conservation.


18.80.040 Oak tree pruning permit.

18.80.050 Oak tree removal/encroachment permit

18.80.060 Oak tree preservation and replacement plan and permit required.

18.80.070 Non-liability of City of Calimesa.

18.80.010 Purpose.

The purpose of this chapter is to regulate and set forth criteria for the cutting, pruning, removal, relocation, or replacement of oak trees to ensure that no oak trees are removed unless:

A. A reasonable and conforming use of property justifies the removal, cutting, pruning, and/or encroachment into the protected zone of an oak tree, heritage oak tree, or protected stand of oak trees; and

B. Adequate mitigation, including the planting of replacement trees or acorns or the payment of replacement costs to the City for each tree removed, is provided at the discretion of the Community Development Director or the Planning Commission, as applicable. [Ord. 239 § 2, 2006; Ord. 200 § 1, 2002; Code 1990 § 9.16.01.]

18.80.020 Oak tree protection and conservation.

A. The provisions of this chapter apply to:

1. Heritage oak trees.

2. Protected oak trees.

3. Protected stands of oak trees (oak groves).

B. No person shall take any action that will permanently damage the health or condition of any protected oak tree, heritage oak tree, or protected stand of oak trees on the property. Such actions will constitute a violation of this chapter.

C. No person shall cut, damage, remove, encroach into the protected zone of a protected oak tree, heritage oak tree, or protected stand of oak trees, or relocate any oak tree on any public or private property within the city, without first having obtained a permit, as set forth in this chapter.

Page 18.80-1


D. The City shall make available to property owners, upon request, information related to the proper care and maintenance of oak trees. [Ord. 239 § 2, 2006; Ord. 200 § 3, 2002; Code 1990 § 9.16.03.]

E. The status of limbs or trees as deadwood or dead trees must be confirmed by the Community Development Director prior to cutting, pruning, or removal thereof. [Ord. 239 § 2, 2006; Ord. 200 § 4, 2002; Code 1990 § 9.16.04.]


The following circumstances are exempted from the oak tree permit requirements:

A. Any activities related to pruning or removal of live tissue, involving oak trees that are less than 2 inches in diameter at breast height (measured 4.5 feet above natural grade).

B. Removal of deadwood.

C. Removal of trees that are dangerous or hazardous and pose an imminent threat to human life or structures on developed property, including but not limited to potential or actual damage due to thunderstorms, lightening strikes, windstorms, floods, fires, earthquakes, or other natural disasters.

D. Removal of trees when determined to be necessary by a fire official.

E. Removal of trees by a public agency that are located within an area for required improvements within the public street right-of-way or within a utility right-of-way.

F. Operations associated with commercial tree nurseries. [Ord. 239 § 2, 2006; Ord. 200 § 5, 2002; Code 1990 § 9.16.05.]

18.80.040 Oak tree pruning permit.

A. An oak tree pruning permit shall be obtained from the Community Development Department, prior to pruning of any protected oak tree, heritage oak tree, or protected stand of oak trees on an undeveloped parcel that has not been developed or improved to the maximum extent allowed by the existing land use designation and zoning of the property.

B. A permit shall be issued by the Community Development Director for the pruning of a protected tree(s) only if the Director has made one of the following findings:

1. The condition or location of the oak tree requires pruning to maintain or aid in its health, balance, or structure.

2. The condition of the tree(s) with respect to disease, danger of falling, proximity to existing structures, high pedestrian traffic areas such as parking lots or pedestrian walkways, or interference with utility services requires pruning. [Ord. 239 § 2, 2006; Ord. 200 § 6, 2002; Code 1990 § 9.16.06.]

18.80.050 Oak tree removal/encroachment permit.

A. An oak tree removal/encroachment permit shall be obtained from the Community Development Department prior to the following activities on any property subject to subsection B below:

1. Removal of a protected oak tree.

2. Encroachment into the protected zone of a protected oak tree.

Page 18.80-2


3. Relocation of a protected oak tree. If removal, encroachment, or relocation of a protected oak tree is necessary for development, an oak tree removal permit shall be obtained prior to approval of a grading or construction permit for work in an area where trees are located.

B. An oak tree removal/encroachment permit is required for the following:

1. Parcels or lots that are less than 20,000 square feet in any zone with protected oak trees.

2. Parcels or lots that are 20,000 square feet or more in any zone with three or fewer protected oak trees (not including protected heritage oak trees or stands of oak trees).

C. An application for an oak tree removal/encroachment permit shall be filed in a manner consistent with the requirements contained in Section 18.15.020, Application.

D. A permit shall be issued by the Community Development Director for the removal, encroachment, or relocation of a protected oak tree(s) only if the Director has made the following findings:

1. A reasonable and conforming use of the property justifies the removal of trees.

2. No other permit for removal of an oak tree on the same property has been issued within the prior one-year period.

3. The retention or relocation of the tree prevents reasonable use of the property on which it is located and, if required, the applicant has applied for any related discretionary or ministerial permits for the proposed use of property or that the tree has been determined to be damaged or diseased by a licensed arborist, as documented in a report to be reviewed and approved by the Community Development Department.

4. Replacement trees or acorns will be planted to replace each tree that is removed, if feasible, based upon site characteristics, or other appropriate mitigation will be provided. [Ord. 239 § 2, 2006; Ord. 200 § 6, 2002; Code 1990 § 9.16.07.]

18.80.060 Oak tree preservation and replacement plan and permit required.

A. An oak tree preservation and replacement plan shall be prepared and submitted in conjunction with an application for an oak tree preservation and replacement permit for the following activities on any property subject to subsection B below:

1. Removal of any protected oak tree, any heritage oak tree, or protected stand of oak trees.

2. Encroachment into the protected zone of any protected oak tree, any heritage oak tree, or any protected stand of oak trees.

3. Relocation of a protected oak tree, any heritage oak tree, or any protected stand of oak trees. When removal, encroachment, or relocation of a protected oak tree, heritage oak tree, or protected stand of oak trees is proposed in conjunction with development, an oak tree removal permit shall be obtained prior to approval of a subdivision map or rough grading permit for an area where trees are located.

B. An oak tree preservation and replacement permit is required for the following:

1. Any parcel or lot in any zone with a heritage oak tree.

2. Any parcel or lot that is 20,000 square feet or more in any zone with more than three protected oak trees or protected stand of oak trees.

Page 18.80-3


C. The oak tree preservation and replacement plan shall be prepared by a licensed arborist retained by the Community Development Department, with the cost paid by the applicant. In addition to other information required to demonstrate conformance with subsection D below, the plan shall contain, but not be limited to, the following information:

1. Letter of justification explaining the reasons for the removal.

2. Site plan and/or elevations showing the location of all trees on the parcel or lot.

3. Oak tree assessment prepared by an arborist, if determined to be necessary by the Community Development Department.

4. Methods proposed to mitigate the loss of an oak tree, including the planting of replacement oak trees or acorns, or other adequate mitigation. Mitigation other than replacement shall include the payment of replacement costs to replace each tree that is removed, as determined by the oak tree assessment.

D. The oak tree preservation and replacement plan shall demonstrate the following:

1. The proposed location and configuration of lots, buildings, and streets have been designed to minimize to the greatest extent feasible the removal of healthy trees, including the protection of singular significant specimens (i.e., heritage oak trees) and clusters of oak woodlands.

2. The proposed trees to be retained are located on common open space lots that will be preserved indefinitely.

3. In considering site design, more than 90 percent of healthy trees will be retained.

a) If a lesser percentage of trees is proposed to be retained, the plan shall identify additional measures to offset the loss of more trees, including the payment of fees equivalent to the replacement cost of the tree(s).

b) Not less than 75 percent of trees shall be retained.

4. In considering site design, any impacted grove will be retained.

5. Grading operations (e.g., location of cut and fill, construction operations) will be designed and conducted to minimize any negative effects on the trees to be retained.

6. An effective combination of replacement trees, acorns, and/or appropriate mitigation will be planted or provided.

a) Trees to be removed shall be replaced at a minimum replacement ratio of one tree for each tree removed or nine acorns planted for each tree removed.

b) Mitigation other than replacement shall include the payment of replacement costs to replace each tree that is removed as determined by the oak tree assessment.

7. The trees to be retained or replacement trees will be located in an area that will be maintained in such a manner as to ensure their long-term health (e.g., not be overwatered or receive too many nutrients).

8. A program has been included to monitor and report on the survival rate of replaced trees to ensure the long-term success of a tree preservation and replacement plan.

Page 18.80-4


E. Approval Authority. A tree preservation and replacement plan and application for a tree preservation and replacement permit shall be subject to Planning Commission review and approval at a public hearing. A tree preservation and replacement plan and permit may be approved, conditionally approved, or denied.

F. Approval Findings. The Planning Commission, in approving a tree preservation and replacement plan and permit, shall find as follows:

1. A reasonable and conforming use of the property justifies the removal of trees.

2. The proposed location and configuration of lots, buildings, and streets have been designed to minimize to the greatest extent feasible the removal of healthy trees, including the protection of singular significant specimens and clusters of oak woodlands.

3. No other permit for removal has been issued within the prior one-year period.

4. The retention or relocation of selected trees prevents reasonable use of the property on which they are located and, if required, the applicant has applied for any related discretionary or ministerial permits for the proposed use of property.

5. Replacement trees or appropriate mitigation will be planted or provided to replace each tree that is removed, if feasible.

6. Retained and replacement trees will be located in an area that will be maintained in such a manner as to ensure the long-term health of the trees and that adequate monitoring methods will be implemented.

7. All necessary environmental analysis has been conducted in accordance with all applicable environmental regulations. [Ord. 239 § 2, 2006; Code 1990 § 9.16.08.]

18.80.070 Nonliability of City of Calimesa.

Nothing in this chapter shall be deemed to impose any liability for damages or a duty of care and maintenance upon the City or upon any of its officers or employees. The person in possession of any public property or the owner of any private property shall have a duty to maintain the oak trees upon the property consistent with the terms of this chapter. Where emergency action is necessary, as set forth in Section 18.80.030, Exemptions, any person who removes a tree located on property possessed, owned, or controlled by them is responsible for securing the area as appropriate to safeguard both persons and improvements from damage. [Ord. 239 § 2, 2006; Ord. 200 § 8, 2002; Code 1990 § 9.16.09.]

Page 18.80-5


Chapter 18.85 DEVELOPMENT AGREEMENTS

Sections:


18.85.020 Application requirements and forms.

18.85.030 Proposed development agreement.

18.85.040 Parties to the development agreement.

18.85.050 Review of application.

18.85.060 Hearing by City Council.

18.85.070 Periodic review.

18.85.080 Cancellation or modification.

18.85.090 Miscellaneous provisions.


A. This section is adopted pursuant to Section 65864 et seq. of the Government Code, authorizing local governments to enter into development agreements with applicants for development projects.

B. The purpose of this section is to establish procedures and requirements for consideration of development agreements by the City consistent with state law. [Ord. 95-7 § 2; Code 1990 § 12.12.01.]

18.85.020 Application requirements and forms.

A. An applicant may propose that the City consider entering into a development agreement pursuant to Article 2.5, Title 7 of the California Government Code, commencing with Section 65864, by filing an application with the Planning Department and demonstrating that the project satisfies the eligibility requirements of this section.

The form of said application shall be as established by the Planning Director.

B. Applicant. An application may be filed only by the property owner or other person having a legal or equitable interest in the property that is the subject of the development agreement or by that person's authorized agent. The term "applicant" shall also include any successor in interest to the property owner, or successor in interest to any other person having a legal or equitable interest in the property.

C. Eligibility Requirements. The City Council finds that it may be in the City's best interest to enter into a development agreement when construction of the project will be phased over a several-year period, is a large-scale development, shall occupy substantial acreage, or in some other way requires

Page 18.85-1


long-term certainty on the part of the developer and the City. The City Council reserves the sole right to determine whether a development agreement is appropriate and in the best interest of the City for a specific development project. [Ord. 95-7 § 2; Code 1990 § 12.12.02.]

18.85.030 Proposed development agreement.

A. Each application shall be accompanied by a proposed development agreement which shall specify the following:

1. The duration of the agreement;

2. The permitted uses of the property;

3. The density and intensity of use;

4. The maximum height and size of proposed buildings; and

5. Provisions for reservation or dedication of land.

B. A proposed agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not unreasonably prevent development of the land for the uses and to the density or intensity of the development set forth in the agreement. A proposed agreement may also provide that construction shall be commenced within a specified time and that the project or any phases thereof be completed within a specified time.

C. A program and standards for periodic review of the agreement shall be included.

D. Appropriate provisions, acceptable to the City Attorney, providing security for the performance of the developer under the development agreement.

E. A development agreement shall include all conditions imposed by the City with respect to the development project, including those conditions required as a result of any environmental review prepared under the California Environmental Quality Act; provided, however, agreements for special purposes may be adopted covering only certain aspects of the project. Any such special purpose development agreement shall be identified as such.

F. All development agreements shall contain an indemnity and insurance clause, in form and substance acceptable to the City Attorney, requiring the developer to indemnify the City against claims arising out of the development process, provided that such a provision does not violate applicable law or constitute a joint venture, partnership, or other participation in the business affairs of the developer by the City.

G. All development agreements, or any part of such development agreements, may be subject to subsequent condemnation proceedings by the City.

H. A proposed agreement may include such additional conditions, terms, restrictions, or requirements as determined by the Planning Commission and City Council to be in the public interest. [Ord. 95-7 § 2; Code 1990 § 12.12.03.]

Page 18.85-2


18.85.040 Parties to the development agreement.

A. Only a qualified applicant may file an application to enter into a development agreement with the City. The Planning Director may require an applicant to submit proof of his interest in the real property and of the authority of the agent to act for the applicant. Such proof may include a preliminary title report, issued by a title company licensed to do business in the state of California, evidencing the requisite interest of the applicant in the real property. Before processing the application, the Planning Director may obtain the opinion of the City Attorney as to the sufficiency of the applicant's interest in the real property to enter into the development agreement as a qualified applicant.

B. In addition to the City and the qualified applicant, any federal, state, or local governmental agency or body may be included as a party to any development agreement. Any such additional party may be made a party to the development agreement pursuant to the provisions of the Joint Exercise of Powers Act (Government Code Section 6500 et seq.) providing for joint powers agreements, or provisions of other applicable federal, state, or local law, in order to create a legally binding agreement among such parties. [Ord. 95-7 § 2; Code 1990 § 12.12.04.]

18.85.050 Review of application.

A. The Planning Director shall endorse the application the date it is received. He shall review the application and may reject it if it is incomplete or inaccurate for processing. If he finds that the application is complete he shall accept it for filing. The Planning Director shall review the application and determine any additional requirements necessary to complete the form of development agreement. After receiving the required information, he shall prepare a staff report and recommendation and shall state whether or not the development agreement, as proposed, or in an amended form (specifying the nature of the amendments), would be consistent with the General Plan and any applicable specific plan, and with the provisions contained herein and whether it meets the needs and requirements of the City.

B. The Planning Director shall, as part of his review of the application, circulate copies of the proposed development agreement to those City departments and other agencies having jurisdiction over the development project to be undertaken pursuant to the development agreement, for review and comment by such City agencies. The City Attorney shall also review the proposed development agreement for legal sufficiency and shall prepare a proposed ordinance authorizing the City to enter into the development agreement, for action by the City Council upon hearing thereof as specified herein. The staff report and recommendation of the Planning Director shall include any appropriate recommendations received by other City agencies.

C. The Planning Director shall, at the applicant's expense and in accordance with City procedures for implementation of the California Environmental Quality Act, undertake environmental review and, upon completion of such review, transmit the application, together with the department's recommendation thereon, to the Planning Commission.

D. Upon receipt of an application, the results of the environmental review, and the recommendations of the Planning Director, the Planning Commission shall schedule a public hearing. Notice of intention to consider the application shall be given as provided in Sections 65090 and 65091 of the California Government Code and as provided for in CMC 18.15.080, Hearings and appeals. In addition, if the application is being processed together with the development project, notice of such intention shall be given as required for consideration of the development project.

Page 18.85-3


E. Review Standard. The Planning Commission may recommend use of a development agreement as a method of implementing or providing standards and criteria for any development approval, including:

1. A development approval pursuant to the zoning ordinance;

2. An amendment to the General Plan of the City;

3. The formation of an assessment district, benefit district, maintenance district, or special benefit district or any other procedure, for the installation of required on-site or off-site improvements or infrastructure; and/or

4. Mitigation measures imposed upon a development project after approval of an environmental impact report in which such mitigation measures have been proposed as a mechanism for eliminating or reducing environmental impacts.

F. Recommendation of Planning Commission. After the public hearing, the Planning Commission shall make its recommendation in writing to the City Council. The recommendation shall include the Planning Commission's determination as to whether or not the proposed development agreement:

1. Is consistent with the objectives, policies, general land uses, and programs specified in the General Plan and any applicable specific plan;

2. Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is or will be located;

3. Is in conformity with and will promote public convenience, general welfare, and good land use practice;

4. Will be detrimental to the health, safety, and general welfare;

5. Will adversely affect the orderly development of property or the preservation of property values; and

6. Will promote and encourage the development of the proposed project by providing a greater degree of requisite certainty. [Ord. 95-7 § 2; Code 1990 § 12.12.05.]

18.85.060 Hearing by City Council.

A. Adoption by Ordinance. A development agreement is a legislative act, and shall be enacted by ordinance only after a public hearing before the City Council is held in accordance with the provisions of CMC 18.15.080, Hearings and appeals. The ordinance shall refer to and incorporate by reference the text of the development agreement.

B. Conduct of Hearing. At the hearing, the City Council shall consider the Planning Commission's recommendation together with any additional public testimony, and may approve, disapprove, or modify any recommendation of the Planning Commission. If public testimony is presented on an issue which was not considered by the Planning Commission, the City Council may refer the issue back to the Planning Commission for further hearings and recommendations.

C. Consistency with the General Plan, and Any Specific or Policy Plans. Before the City Council may approve the development agreement, it must find that its provisions are consistent with the General Plan and any applicable specific plans or policy plans of the City. If the City Council approves the development agreement in the form recommended by the Planning Commission, without further findings, then it shall be deemed to have also adopted the findings of the Planning Commission.

Page 18.85-4


D. Execution of a Development Agreement. If the City Council adopts an ordinance approving a development agreement, then the parties thereto shall execute the development agreement within 30 calendar days after adoption of the ordinance; provided, however, that the development agreement shall not become effective until the ordinance authorizing the development agreement also becomes effective. The time for executing the agreement may be extended by the mutual consent of the City Council and the applicant.

E. Recordation. Within 10 calendar days after the City enters into the development agreement, the city Clerk shall have the agreement recorded with the Riverside County Recorder. If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Government Code Section 65868, or if the City determines or modifies the agreement as provided in Government Code Section 65865.1 for failure of the applicant to materially comply in good faith with the terms or conditions in the agreement, then the City Clerk shall have notice of such action recorded with the Riverside County Recorder. [Ord. 95-7 § 2; Code 1990 § 12.12.06.]


A. The City shall periodically review the development agreement at least once every 12 months after the City enters into a development agreement.

B. Not less than 45 nor more than 60 calendar days prior to the yearly anniversary of the date the development agreement was entered into, the applicant shall submit evidence to the Planning Director of the applicant's good-faith compliance with the development agreement. Said notification shall be accompanied by a processing fee in such amount as may hereinafter be established by resolution of the City Council.

C. Finding of Compliance. If the Planning Director finds good-faith compliance by the developer with the terms of the development agreement, a certificate of compliance shall be issued, which shall be in recordable form and may be recorded by the developer in the official records. The issuance of a certificate of compliance by the Planning Director and the expiration of the appeal period hereinafter specified without appeal, or the confirmation by the city council of the issuance of the certificate on such appeal, shall conclude the review for the applicable period and such determination shall be final.

D. Finding of Noncompliance. If, based on substantial evidence, the Planning Director finds the developer has not complied in good faith with the terms of the development agreement, the respects in which the developer has failed to comply shall be specified in writing. The Planning Director shall also specify a reasonable time for the developer to meet the terms of compliance. If such areas of noncompliance are not corrected within the reasonable time limits as prescribed by the Planning Director, the development agreement shall be subject to cancellation pursuant to the provisions herein.

E. Appeal of Determination. Any interested person may file an appeal of the issuance of a certificate of compliance to the City Council within 10 days after the certificate's issuance. The developer may also file an appeal to the City Council of the finding of the Planning Director of noncompliance within 10 days after the giving of notice of such determination. All appeals before the City Council shall be conducted pursuant to a noticed hearing in the same manner as any other appeal before the City Council, at which evidence shall be taken and findings thereon made.

F. Referral to the Planning Commission. The Planning Director may refer any review to be conducted hereunder to the Planning Commission. Such referral shall be made together with a staff report of

Page 18.85-5


the Planning Director's preliminary findings. Upon such referral, the Planning Commission shall conduct a noticed public hearing to determine the good faith compliance by the developer with the terms of the development agreement in accordance with the provisions contained herein, and shall direct the issuance of a certificate of compliance upon a finding of good faith compliance, or make the determination of noncompliance on the basis of substantial evidence. Any such decision by the Planning Commission shall be subject to appeal to the City Council in the same manner as any other such decision. [Ord. 95-7 § 2; Code 1990 § 12.12.07.]

18.85.080 Cancellation or modification.

A. Cancellation or Modification by Mutual Consent. Any development agreement may be canceled or modified by mutual consent of the parties, but only in the manner provided in California Government Code Section 65868. Any proposal to cancel or modify a development agreement shall be heard and determined in accordance with the same procedures specified by this section for approval of a development agreement.

B. If, at any time during the term of a development agreement, the Planning Director or the Planning Commission finds, on the basis of substantial evidence, that the developer has not complied in good faith with the terms and conditions of the development agreement, and such noncompliance has not been corrected, the Planning Director or the Planning Commission, as may be, shall, pursuant to the notice provisions of this chapter, request that the City Council conduct a public hearing at which the developer must demonstrate good faith compliance with the terms of the development agreement. The burden of proof of substantial evidence of compliance by the developer is upon the developer. If such compliance cannot be shown, the City Council shall either commence proceedings to cancel the development agreement or recommend new terms and conditions intended to remedy the noncompliance.

C. The City Council shall conduct a noticed hearing on the recommendations of the Planning Director or the Planning Commission at which time the developer and any other interested persons shall be entitled to submit such evidence and testimony as may be germane to the issue of the developer's good faith compliance with the terms of the development agreement. If the City Council finds, based on substantial evidence, noncompliance with the terms and conditions of the development agreement, it may either cancel the development agreement upon giving 60 days' notice to the developer or, in its discretion, may allow the development agreement to be continued by imposition of new terms and conditions intended to remedy such noncompliance. The City Council may impose such conditions to the action it takes as it considers necessary to protect the interest of the City. The decision of the City Council shall be final.

D. In the event that a development agreement should be canceled, or otherwise terminated, unless otherwise agreed, all rights of the developer, property owner, or successors in interests under the development agreement shall terminate. Any and all benefits, including money or land, received by the City shall be retained by the City. Notwithstanding the above provision, any termination of the development agreement shall not prevent the developer from completing and occupying a building or other improvements authorized pursuant to a valid building permit previously approved by the City or under construction at the time of termination, but the City may take any action permitted by law to prevent, stop, or correct any violation of law occurring during and after construction, and the developer or any tenant shall not occupy any portion of the project or any building not authorized by a previously issued building permit. As used herein, "construction" means work under a valid building permit, and "completing" means completion for beneficial occupancy for developer's use, or if a portion of the project is intended for use by a lessee or tenant, then for such portion.

Page 18.85-6


"Completion" means completion except for interior improvements such as partitions, duct and electrical runouts, floor coverings, wall coverings, lighting, furniture, trade fixtures, finished ceilings, and other improvements typically constructed by or for tenants of similar buildings. At such time uses shall, to the extent possible, be deemed nonconforming uses, and shall be subject to the nonconforming use provisions of this title. [Ord. 95-7 § 2; Code 1990 § 12.12.08.]

18.85.090 Miscellaneous provisions.

A. All development agreements shall be subject to the regulation and requirements of the laws of the State of California, the Constitution of the United States; any codes, statutes, or executive mandates; and any court decision, state or federal, thereunder. In the event that any such law, code, statute, mandate, or decision made or enacted after a development agreement has been entered into prevents or precludes compliance with one or more provisions of the development agreement, then such provisions of the development agreement shall be modified or suspended in the manner and pursuant to the procedures specified in the development agreement, as may be necessary to comply with such law, code, statute, mandate, or decision.

B. All development agreements entail and consist of a separate procedure from other land use planning procedures, and shall not take the place of the zoning ordinance, the General Plan, conditional use permits, subdivision approvals, building permits, or any other City development procedures. If so specified in the development agreement, it shall constitute an approval pursuant to such planning procedures as if separately enacted under other provisions of this title or other City ordinances. To the extent practicable, public hearings on a proposed development agreement shall be held concurrently with the public hearings on all related land use approvals and all such approvals shall be made concurrently with the approval of the development agreement.

C. When approved, the development agreement and any development control maps and all notations, references, and regulations which are a part of the development agreement shall be part of the development agreement ordinance. Development control maps include, but are not limited to, regulations intended to carry out any plan respecting location or type of activities; height, bulk, siding, or design of structures; location or design of open areas; and landscaping and other comparable regulations.

D. This section and any subsequent development agreement with respect to any development agreement enacted under this section, any provision of such a development agreement which is in conflict with this title shall be void. Unless otherwise provided by the development agreement, the City's rules, regulations, and official policies governing permitted uses of land, governing density, and governing design, improvement and construction standards and specifications applicable to development of the property subject to a development agreement shall be those City rules, regulations, and official policies in force at the time of the approval of the development agreement by the City Council; provided, however, that the developer is subject to all increases in City-imposed fees, dedication requirements, and charges with respect to subsequent applications for development and construction within the property subject to a development agreement. [Ord. 95-7 § 2; Code 1990 § 12.12.09.]

Page 18.85-7


Chapter 18.90 DEVELOPMENT PLAN REVIEW

Sections:

18.90.010 Purpose.

18.90.020 Unapproved development prohibited.

18.90.030 Minor development plan review.

18.90.040 Major development plan review.

18.90.010 Purpose.

The City Council finds and declares that the public health, safety, and welfare requires that all proposed development be consistent with the City’s General Plan, applicable specific plans, zoning, and all federal, state, and local laws and regulations. The purpose of this chapter is to ensure such consistency by requiring development plan review of all development proposed within the city unless specifically exempted by this chapter. [Ord. 96-11 § 1; Ord. 95-4 § 1; Code 1990 § 9.13.01.]

18.90.020 Unapproved development prohibited.

Unless specifically exempted from the provisions of this chapter, no person shall commence any new development, construct a sign, obtain a building permit or certificate of occupancy, or intensify any use until a development plan therefor has been approved. [Ord. 96-11 § 1; Ord. 95-4 § 1; Code 1990 § 9.13.02.]

18.90.030 Minor development plan review.

A. Purpose. The purpose of this section is to provide a process to consider minor site plan or architectural changes related to new or existing buildings.

B. Applicability. A minor development plan review permit is required for the following types of development:

1. Single-family homes when not in conjunction with residential tract map developments and not subject to the Hillside Development requirements of this Zoning Code.

2. Exterior remodel of commercial, administrative and professional office, industrial, institutional, and multifamily buildings or structures.

3. Additions to existing commercial, administrative and professional office, industrial, institutional, and multifamily development, which result in all of the following:

a) An increase or decrease of the existing number of parking spaces by 10 percent or less, not associated with changes in the buildings or uses served by the parking area.

Page 18.90-1


b) An increase or decrease of the existing floor area by 10 percent or less, up to a maximum of 5,000 square feet.

c) An increase of the existing building height by 10 percent or less.

d) An increase in the existing density for residential projects by 10 percent or less.

e) A change in use of an existing building requiring the increase of the existing number of parking spaces by 10 percent or less.

4. Construction of accessory buildings not more than 1,200 square feet in size and/or 18 feet in height in nonagricultural zone districts.

5. Construction of accessory buildings in agricultural zone districts.

6. Concept plan, in accordance with Chapter 12.28, Mixed Use Zone Districts.

7. Signs, in accordance with Chapter 18.50, Sign Regulations.

8. Master sign programs, in accordance with Chapter 18.50, Sign Regulations.

9. Second dwelling units.

10. As specifically stated in this title.

C. Exemptions. The following structures are exempt from minor development plan review. However, such structures may require zoning clearance to ensure compliance with applicable Zoning Code provisions, or may be subject to compliance with conditions of an existing conditional use permit or other permit issued pursuant to this code or other City ordinance. A building permit may also be required.

1. Room additions in areas designated for single-family residential development, unless located in an area subject to the hillside development requirements of this Zoning Code.

2. Accessory buildings (650 square feet or less and no more than 18 feet in height), patios, decks, gazebos, and other incidental structures not directly adjacent to or facing a public street, landscape components, and fenced-in areas, designed for single-family residential development.

3. Pools and spas in areas designated for single-family residential development, unless located in an area subject to the Hillside Development requirements of this Zoning Code.

4. A change in use of an existing building that would not result in any additional parking spaces or an exterior remodel to any buildings or structures where such exterior remodel is consistent with any applicable specific plan or other condition previously imposed on the building or structure. (Note: Some uses require other discretionary approvals such as a conditional use permit; this requirement is not affected by this exemption from minor development plan review.)

[Ord. 286 §§ 2, 3, 2009; Ord. 264 § 2, 2007; Ord. 96-11 § 1; Ord. 95-4 § 1; Code 1990 § 9.13.03.]

D. Approving Authority. Subject to subsection C above, the Planning Director shall be the designated approving authority for minor development plan review. The Planning Director shall approve, approve with conditions, or deny applications for minor development plan review. Minor development plan review approval is required prior to issuance of any ministerial building permits or site improvement plans. Minor development plan review approval is required prior to or in conjunction with discretionary action on any development applications (e.g., conditional use permit, variance, etc.).

Page 18.90-2


E. Planning Director – Elevation to Planning Commission. The Planning Director may elevate a minor development plan review permit to the Planning Commission for review and consideration for any reason. In such instances, the permit request shall become a major development plan review. The Director’s decision to elevate a minor development plan review to the Planning Commission may be appealed as provided for this in Zoning Code.

F. Application. The Planning Director may adopt application forms and specify the requirements for submittal of an application for a minor development plan review consistent with the requirements of this title. An application for a minor development plan review shall be filed in a manner consistent with the requirements contained in Section 18.15.020, Application.

G. Findings. Approval of a minor development plan review shall not be granted unless the designated approving authority makes all of the following findings in writing:

1. The development plan application is consistent with the City's General Plan, applicable specific plans, zoning, and all federal, state, and local laws and regulations.

2. The design of the site plan is safe, functional, and environmentally sensitive to the surrounding properties. Grading, where required, minimizes any potential environmental damage to the greatest extent possible. For purposes of making this finding, consideration shall be given, but not limited, to the following:

a) Orientation and location of buildings and open space.

b) Vehicle access.

c) Circulation, parking, and loading.

d) Building heights.

e) Design of walls and fences.

f) Preservation of natural landforms and vegetation.

g) Protection and enhancement of historic, archeological, and cultural resources.

h) Minimization of environmental impacts.

i) Fiscal and economic impacts.

j) Pedestrian amenities.

3. The architecture proposed is compatible with community standards and protects the character of adjacent development. For purposes of this finding, consideration shall be given, but not limited, to the following:

a) The scale, character, and quality of the design of the development.

b) The appropriate use of design elements, including line, mass, contour, texture, and colors.

c) The appropriate use of design principles, including unity, diversity, repetition, emphasis, symmetry, or asymmetry to achieve a pleasing effect.

d) Harmony with surrounding structural elements.

e) Screening of exterior structural elements.

f) Lighting design.

g) Energy conservation.

Page 18.90-3


4. The landscaping plan ensures visual relief and provides an attractive environment for the public's enjoyment and conforms to all landscape guidelines and water conservation requirements. For the purposes of this finding, consideration shall be given, but not limited, to the following:

a) Location, type, size, color, texture, and coverage of plant material.

b) Provision for irrigation, maintenance, and protection of existing and proposed landscaped areas.

c) Screening of buildings and structures so as to relate them more closely to the natural environment.

d) Minimization and concealment of utility and mechanical features.

e) Preservation of native vegetation, significant ecological areas, and environmental features.

f) Water conservation. [Ord. 96-11 § 1; Ord. 95-4 § 1; Code 1990 § 9.13.08.]

H. Amendments and Revisions. Amendments proposed to a previously approved minor development plan review shall be processed in accordance with Section 18.15.110, Minor modifications.

I. Appeals. Appeals shall be made in accordance with Section 18.15.080, Hearings and appeals, of this Zoning Code.

J. Expiration and Extensions.

1. Expiration. Except as provided in subsection I.2 and subsection I.3 of this section, minor development plans that have not been used shall expire two years after the date of initial approval. Submittal of revisions after initial approval shall not extend the expiration date, unless a new application is required for filing. The term "used" shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under the terms of the authorized use.

2. Automatic Extensions.

a) Automatic Extension – 2011. The expiration date of all minor development plan review approvals that have either not expired by October 9, 2011, or that are subsequently approved prior to January 1, 2014, shall be automatically extended by 12 months. This automatic extension provision shall not apply to any minor development plan review approval that is granted on or after January 1, 2014. [Ord. 318 § 5, 2011; Ord. 293 § 2, 2009; Ord. 96-11 § 1; Ord. 95-4 § 1; Code 1990 § 9.13.11.]

3. Time Extension. The Planning Director, upon an application being filed 30 days prior to expiration and based on a determination that a valid reason exists for the approved minor development plan review not being used within the required period of time, may grant a time extension not to exceed 12 months. The request for time extension shall be made to the Planning Department in accordance with Section 18.15.020, Application. The total time allowed for the use of the minor development plan review shall not exceed a period of three years, calculated from the date of initial approval.

Page 18.90-4


18.90.040 Major development plan review.

A. Purpose. The purpose of this section is to provide a process for the review of development projects within the community. The provisions are intended to promote the orderly and harmonious growth of the city; to encourage development in keeping with the desired character of the city; to ensure physical, visual, and functional compatibility between uses; and to help prevent the depreciation and land values by ensuring proper attention is given to site and architectural design.

B. Applicability. A major development plan review permit is required for the following types of development:

1. Master home plans for single-family residential subdivisions, including architectural/design review and precise grading plans.

2. Multifamily development, including duplexes, triplexes, and apartment complexes.

3. Condominium and condominium conversion development.

4. All new commercial, administrative and professional office, industrial, and institutional development, including rebuilding of a structure from a demolition.

5. Additions to existing commercial, administrative and professional office, industrial, institutional, and multifamily development, which result in all of the following:

a) An increase or decrease of the existing number of parking spaces by more than 10 percent.

b) An increase or decrease of the existing floor area by more than 10 percent.

c) An increase of the existing building height by more than 10 percent.

d) An increase in the existing density for residential projects by more than 10 percent.

e) A change in use of an existing building requiring the increase of the existing number of parking spaces by more than 10 percent.

6. Planned Residential Development overlay project.

7. All projects subject to a concept plan, in accordance with Chapter 12.28, Mixed Use Zone Districts.

8. Pole signs, in accordance with Chapter 18.50, Sign Regulations.

9. Signs exceeding 16 feet in height, in accordance with Chapter 18.50, Sign Regulations.

10. As specifically stated in the Calimesa Zoning Code.

C. Exemptions. Anything subject to minor development plan review or exempt from minor development plan review is exempt from major development plan review, unless elevated in accordance with Subsection 18.90.030.E.

D. Approving Authority. Except as otherwise provided in Subsection 18.90.030.E, the Planning Commission shall be the designated approving authority for major development plan review. The Planning Commission shall approve, approve with conditions, or deny applications for major development plan review. Major development plan review approval is required prior to issuance of any building permits or site improvement plans. Major development plan review approval is required prior to or in conjunction with discretionary action on corresponding development applications.

Page 18.90-5


E. Application. The Planning Director may adopt application forms and specify the requirements for submittal of an application for a minor development plan review consistent with the requirements of this title. An application for a major development plan review shall be filed in a manner consistent with the requirements contained in Section 18.15.020, Application.

F. Findings. Major development plan review shall not be approved unless the designated approving authority makes all of the following findings in writing:

1. The development plan application is consistent with the City’s General Plan, applicable specific plans, zoning, and all federal, state, and local laws and regulations.

2. The design of the site plan is safe, functional, and environmentally sensitive to the surrounding properties. Grading, where required, minimizes any potential environmental damage to the greatest extent possible. For purposes of making this finding, consideration shall be given, but not limited, to the following:

a) Orientation and location of buildings and open space.

b) Vehicle access.

c) Circulation, parking, and loading.

d) Building heights.

e) Design of walls and fences.

f) Preservation of natural landforms and vegetation.

g) Protection and enhancement of historic, archeological, and cultural resources.

h) Minimization of environmental impacts.

i) Fiscal and economic impacts.

j) Pedestrian amenities.

3. The architecture proposed is compatible with community standards and protects the character of adjacent development. For purposes of this finding, consideration shall be given, but not limited, to the following:

a) The scale, character, and quality of the design of the development.

b) The appropriate use of design elements, including line, mass, contour, texture, and colors.

c) The appropriate use of design principles, including unity, diversity, repetition, emphasis, symmetry, or asymmetry to achieve a pleasing effect.

d) Harmony with surrounding structural elements.

e) Screening of exterior structural elements.

f) Lighting design.

g) Energy conservation.

4. The landscaping plan ensures visual relief and provides an attractive environment for the public’s enjoyment and conforms to all landscape guidelines and water conservation requirements. For the purposes of this finding, consideration shall be given, but not limited, to the following:

Page 18.90-6


a) Location, type, size, color, texture, and coverage of plant material.

b) Provision for irrigation, maintenance, and protection of existing and proposed landscaped areas.

c) Screening of buildings and structures so as to relate them more closely to the natural environment.

d) Minimization and concealment of utility and mechanical features.

e) Preservation of native vegetation, significant ecological areas, and environmental features.

f) Water conservation. [Ord. 96-11 § 1; Ord. 95-4 § 1; Code 1990 § 9.13.08.]

G. Amendments and Revisions. Amendments proposed to a previously approved major development plan review shall be processed in accordance with Section 18.15.110, Minor modifications.

H. Appeals. Appeals shall be made in accordance with Section 18.15.080, Hearings and appeals, of this code.

I. Expiration and Extensions.

1. Expiration. Except as provided in subsection I.2 and subsection I.3 of this section, major development plans that have not been used shall expire two years after the date of initial approval. Submittal of revisions after initial approval shall not extend the expiration date unless a new application is required for filing. The term "used" shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under the terms of the authorized use.

2. Automatic Extensions.

a) Automatic Extension – 2011. The expiration date of all major development plan review approvals that have either not expired by October 9, 2011, or that are subsequently approved prior to January 1, 2014, shall be automatically extended by 12 months. This automatic extension provision shall not apply to any major development plan review approval that is granted on or after January 1, 2014. [Ord. 318 § 5, 2011; Ord. 293 § 2, 2009; Ord. 96-11 § 1; Ord. 95-4 § 1; Code 1990 § 9.13.11.]

3. Time Extension. The Planning Commission, upon an application being filed 30 days prior to expiration and based on a determination that a valid reason exists for the approved major development plan review not being used within the required period of time, may grant a time extension not to exceed 12 months. The request for time extension shall be made to the Planning Department in accordance with Section 18.15.020, Application. The total time allowed for the use of the major development plan review shall not exceed a period of three years, calculated from the date of application approval.

Page 18.90-7


Chapter 18.95 SURFACE MINING AND LAND RECLAMATION REGULATIONS

Sections:


18.95.020 Incorporation of SMARA and state regulations.


18.95.040 Contents of applications for conditional use permits and reclamation plans.

18.95.050 Processing.

18.95.060 Performance standards for reclamation plans.

18.95.070 Phasing of reclamation.

18.95.080 Findings for approval.

18.95.090 Financial assurances for reclamation plans.

18.95.100 Inspections.

18.95.110 Interim management plans.


18.95.130 Time limit for commencement of use of conditional use permit for surface mining operations.

18.95.140 Violations and penalties.


The City of Calimesa recognizes that the extraction of minerals is essential to the continued economic well-being of the city and to the needs of society and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety. The City also recognizes that surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that reclamation operations and the specifications therefore may vary accordingly. The purpose and intent of this chapter is to regulate surface mining operations as authorized by California's Surface Mining and Reclamation Act of 1975 (Public Resources Code Section 2710 et seq.), as amended, hereinafter referred to as "SMARA"; Public Resources Code Section 2207; and the California Code of Regulations adopted pursuant thereto (14 California Code of Regulations, Section 3500 et seq.), to ensure that:

Page 18.95-1


A. Adverse environmental and other effects of surface mining operations will be prevented or minimized and that the reclamation of mined lands will provide for the beneficial, sustainable long-term productive use of the mined and reclaimed lands; and

B. The production and conservation of minerals will be encouraged while eliminating hazards to public health and safety and avoiding or minimizing adverse effects on the environment, including but not limited to geologic subsidence, air pollution, water quality degradation, damage to biological resources, flooding, erosion, degradation of scenic quality, and noise pollution. [Ord. 95-7 § 2; Code 1990 § 12.11.01.]

18.95.020 Incorporation of SMARA and state regulations.

The provisions of the California Surface Mining and Reclamation Act of 1975 (Public Resources Code Section 2710 et seq.), Public Resources Code Section 2207, and the California Code of Regulations implementing the act (14 California Code of Regulations, Section 3500 et seq.), and 14 California Code of Regulations, Article 9, Chapter 8, Section 3700 et seq., Reclamation Standards, hereinafter referred to as the "state regulations," as those provisions may be amended from time to time, are made a part of this chapter by reference with the same force and effect as if the provisions therein were specifically and fully set out herein, excepting that when the provisions of this chapter are more restrictive than conflicting state provisions, this chapter shall prevail. [Ord. 95-7 § 2; Code 1990 § 12.11.02.]


A. Requirements for Conditional Use Permit and Land Reclamation Plans.

1. Unless exempted by provisions of this chapter, any person who proposes to engage in surface mining or who proposes to permit another person to engage in surface mining on his property shall, prior to the commencement of said operations as defined in this section, first file and obtain approval from the City of Calimesa of a conditional use permit as provided in CMC 18.15.050; a reclamation plan in accordance with the provisions set forth in this chapter, and as further provided in Section 2772 et seq. of the Public Resources Code, and 14 California Code of Regulations, Article 9, Chapter 8, Section 3700 et seq.; and financial assurances for reclamation. A conditional use permit shall be required for all surface mining operations in all zoning districts in which surface mining is allowed, and shall be required for the expansion or substantial change of operation of any surface mine for which such expansion or changes have not been thereby approved, including any operation which meets the definition of a nonconforming use pursuant to CMC 18.15.120.

2. Requirements for Reclamation Plans. A reclamation plan shall be required for all surface mining operations in all zoning districts in which surface mining is allowed, as well as for those portions of existing surface mining operations which claim to have vested rights pursuant to Public Resources Code Section 2776, unless otherwise exempted from the requirements of SMARA or as set forth herein (Public Resources Code Section 2770 et seq.).

3. Exemptions. A reclamation plan shall not be required for any of the following activities:

a. Excavations or grading conducted for farming or on-site construction or for the purpose of restoring land following a flood or natural disaster (Public Resources Code Section 2714(a)).

Page 18.95-2


b. Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than 1,000 cubic yards in any one location of one acre or less (Public Resources Code Section 2714(b)).

c. Surface mining operations that are required by federal law in order to protect a mining claim, if such operations are conducted solely for that purpose (SMARA Section 2714(c)).

d. Such other surface mining operations which the State Mining and Geology Board determines to be of an infrequent nature and which involve only minor surface disturbances (Public Resources Code Section 2714(d)).

e. Emergency excavations or grading conducted by the Department of Water Resources or the Reclamation Board for the purpose of averting, alleviating, repairing or restoring damage to property due to imminent or recent floods, disasters or other emergencies (Public Resources Code Section 2714(f)).

f. Surface mining operations conducted on lands owned or leased, or upon which easements or rights-of-way have been obtained by, the Department of Water Resources for the purpose of the State Water Resources Development System or flood control, and surface mining operations on lands owned or leased, or upon which easements or rights-of-way have been obtained, by the Reclamation Board for the purpose of flood control, if the Department of Water Resources adopts, after submission to and consultation with, the Department of Conservation, a reclamation plan for lands affected by these activities, and those lands are reclaimed in conformance with the standards specified in regulations of the board adopted pursuant to this chapter (Public Resources Code Section 2714(g)(1)).

Nothing in this section shall require the Department of Water Resources or the Reclamation Board to obtain a permit or secure approval of a reclamation plan from the city in order to conduct surface mining operations specified in subsection (A)(1) of this section. Nothing in this section shall preclude the bringing of an enforcement action pursuant to Public Resources Code Section 2774.1 if it is determined that a surface mine operator acting under contract with the Department of Water Resources or the Reclamation Board on lands other than those owned or leased, or upon which easements or rights-of-way have been obtained, by the Department of Water Resources or the Reclamation Board, is otherwise not in compliance with Public Resources Code Section 2710 et seq. (Public Resources Code Section 2714(g)(2)).

An exemption under this chapter does not automatically exempt a project or activity from the application of other regulations, ordinances, or policies of the City, including, but not limited to, application of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), the requirement of site approvals or other permits, or the payment of development impact fees or the imposition of other dedications and exactions as may be permitted under the law. [Ord. 95-7 § 2; Code 1990 § 12.11.03.]

Page 18.95-3


18.95.040 Contents of applications for conditional use permits and reclamation plans.

A. Applications for a conditional use permit or reclamation plan for surface mining or land reclamation projects shall be made on forms provided by the Planning Department. Said application shall be filed in accordance with this chapter and procedures to be established by the Planning Director. As many copies of the application as may be required shall be submitted to the Planning Department.

B. As many copies of a reclamation plan application as may be required shall be submitted in conjunction with all applications for surface mining operations. For surface mining operations that are exempt from a conditional use permit pursuant to this chapter, the reclamation plan application shall include information concerning the mining operation that is required for processing the reclamation plan.

C. Applications shall include all required environmental review forms and information prescribed by the Planning Department.

D. The Planning Department will review the application package for completeness and shall, within 30 days after receipt, either accept the application as complete for the purpose of initiating permit processing or return the application as incomplete with an explanation of where the application is deficient. Resubmittal of the revised application shall start a new review time frame. [Ord. 95-7 § 2; Code 1990 § 12.11.04.]

18.95.050 Processing.

A. Within 30 days of acceptance of an application for a conditional use permit for surface mining operations and/or a reclamation plan as complete, the Planning Department shall notify the Director of the California Department of Conservation of the filing of the application(s) (Public Resources Code Section 2774(e)). Whenever mining operations are proposed in the 100-year floodplain of any stream, as shown in Zone A of the flood insurance rate maps issued by the Federal Emergency Management Agency, and within 1 mile, upstream or downstream, of any state highway bridge, the Planning Department shall also notify the California Department of Transportation that the application has been received (Public Resources Code Section 2770.5).

B. The Planning Department shall process the application(s) through environmental review pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.) and the City's environmental review guidelines.

C. Subsequent to the appropriate environmental review, the Planning Department shall prepare a staff report with recommendations for consideration by the Planning Commission.

D. The Planning Commission shall hold at least one noticed public hearing on the conditional use permit and/or reclamation plan.

E. Prior to final approval of a reclamation plan, financial assurances (as provided in this chapter), or any amendments to a reclamation plan or existing financial assurances, the Planning Commission shall certify to the director of the California Department of Conservation that the reclamation plan and/or financial assurance complies with the applicable requirements of the state regulations and submit the plan, assurances, or amendments to the director of the California Department of Conservation for review (Public Resources Code Section 2774(c)). The Planning Commission may conceptually approve the reclamation plan and financial assurance before submittal to the director of the California Department of Conservation. If a conditional use permit is being processed

Page 18.95-4


concurrently with the reclamation plan, the Planning Commission may simultaneously also conceptually approve the conditional use permit. However, the Planning Commission may defer action on the conditional use permit until taking final action on the reclamation plan and financial assurance. If necessary to comply with permit processing deadlines, the Planning Commission may conditionally approve the conditional use permit with the condition that the Planning Department shall not issue the conditional use permit for the mining operation until financial assurances have been reviewed by the director of the California Department of Conservation and final action has been taken on the reclamation plan and financial assurances.

The director of the California Department of Conservation shall have 45 days to prepare written comments on the reclamation plan and financial assurance, if the director of the California Department of Conservation so chooses (Public Resources Code Section 2774 (d)). The Planning Commission shall evaluate written comments received from the director of the California Department of Conservation during the 45-day comment period. Staff shall prepare a written response describing the disposition of the major issues raised by the state for the Planning Commission's approval. In particular, when the Planning Commission's position is at variance with the recommendations and objections raised in the comments of the director of the California Department of Conservation, the written response shall address, in detail, why specific comments and suggestions were not accepted (Public Resources Code Section 2774(d)). Copies of any written comments received and responses prepared by the Planning Commission shall be promptly forwarded to the operator/applicant.

F. The Planning Commission shall then take action to approve, conditionally approve, or deny the conditional use permit and/or reclamation plan. The Planning Commission's action shall be final, subject to appeal to the City Council in accordance with CMC 18.15.080.

G. The Planning Department shall forward a copy of each approved conditional use permit for mining operations and/or approved reclamation plan and a copy of the financial assurances to the director of the California Department of Conservation. By July 1 of each year, the Planning Department shall submit to the director of the California Department of Conservation for each active or idle mining operation a copy of the conditional use permit or reclamation plan amendments, as applicable, or a statement that there have been no changes during the previous year (Public Resources Code Section 2774(e)).

H. Annual Reports. Surface mining operators shall forward an annual status report to the director of the California Department of Conservation and the Planning Department on a date established by the director of the California Department of Conservation on forms furnished by the State Mining and Geology Board (Public Resources Code Section 2207 (a) through (g)). [Ord. 95-7 § 2; Code 1990 § 12.11.05.]

18.95.060 Performance standards for reclamation plans.

A. All new or revised reclamation plans shall conform to minimum statewide performance standards required pursuant to Public Resources Code Section 2773(b) (14 California Code of Regulations, Article 9, Chapter 8, Section 3700 et seq.), as adopted by the State Mining and Geology Board, including but not limited to wildlife habitat, backfilling, revegetation, drainage, agricultural land reclamation, equipment removal, stream protection, topsoil salvage, and waste management.

B. The City of Calimesa may impose additional performance standards developed either in review of individual projects, as warranted, or through the formulation and adoption of citywide performance standards. [Ord. 95-7 § 2; Code 1990 § 12.11.06.]

Page 18.95-5


18.95.070 Phasing of reclamation.

Reclamation activities shall be phased with respect to the mining operation and shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance (Public Resources Code Section 2772(f)) (see also CMC 18.95.110, Interim management plans). Interim reclamation may also be required for mined lands that have been disturbed and that may be disturbed again in future operations. Reclamation may be done on an annual basis, in stages compatible with continuing operations, or on completion of all excavation, removal, or fill, as approved by the City. Each phase of reclamation shall be specifically described in the reclamation plan and shall include:

A. The beginning and expected ending dates for each phase;

B. All reclamation activities required;

C. Criteria for measuring completion of specific reclamation activities; and

D. Estimated costs as provided in CMC 18.95.090. [Ord. 95-7 § 2; Code 1990 § 12.11.07.]

18.95.080 Findings for approval.

A. Approval of a Conditional Use Permit. In addition to the findings for approval of a conditional use permit contained in CMC 18.15.050, approval of a conditional use permit for surface mining operations shall include a finding that the project complies with the provisions of state regulations.

B. Approval of Reclamation Plans. For reclamation plans, the following findings shall be required:

1. That the reclamation plan complies with Sections 2772, 2773, and 2773.1 of the Public Resources Code and any other applicable provisions.

2. That the reclamation plan complies with applicable requirements of the state regulations (14 California Code of Regulations, Section 3500 et seq., and 14 California Code of Regulations, Section 3700 et seq.).

3. That the reclamation plan and potential use of reclaimed land pursuant to the plan are consistent with this chapter and the City's General Plan and any applicable resource plan or element.

4. That the reclamation plan has been reviewed pursuant to the California Environmental Quality Act (CEQA, Public Resources Code Section 21000 et seq.) and the City's environmental review guidelines, and all significant adverse impacts from reclamation of the surface mining operations are mitigated to the maximum extent feasible.

5. That the land and/or resources such as water bodies to be reclaimed will be restored to a condition that is as compatible with and blends in with the surrounding natural environment, topography, and other resources, or that suitable off-site development will compensate for related disturbances to resource values.

6. That the reclamation plan will restore the mined lands to a usable condition which is readily adaptable for alternative land uses consistent with the General Plan and applicable resource plan.

7. That a written response to the director of the California Department of Conservation has been prepared, describing the disposition of major issues raised by the director of the

Page 18.95-6


California Department of Conservation. Where the City's position is at a variance with the recommendations and objections raised by the director of the California Department of Conservation, said response shall address in detail why specific comments and suggestions were not accepted (Public Resources Code Section 2772(d)). [Ord. 95-7 § 2; Code 1990 § 12.11.08.]

18.95.090 Financial assurances for reclamation plans.

A. In order to ensure that reclamation will proceed in accordance with the approved reclamation plan, the City shall require as a condition of approval security which will be released upon satisfactory performance. The applicant may post security in an acceptable form of a surety bond, trust fund, irrevocable letter of credit from an accredited financial institution, trust funds, or other method acceptable to the City and the Mining and Geology Board (the Board) as specified in statewide regulations adopted by the Board, and which the City reasonably determines are adequate to perform reclamation in accordance with the surface mining operation's approved reclamation plan. Financial assurances shall be made payable to the City of Calimesa and the Department of Conservation (Public Resources Code Section 2773.1 (a)(4)).

B. Financial assurances will be required to ensure compliance with elements of the reclamation plan including but not limited to revegetation and landscaping requirements, restoration of aquatic or wildlife habitat, restoration of water bodies and water quality, slope stability and erosion and drainage control, disposal of hazardous materials, and other mitigation measures. Financial assurances for such elements of the plan shall be monitored by the Planning Department.

C. The amount of the financial assurances shall be based on the estimated costs of reclamation for the years or phases stipulated pursuant to the approved reclamation plan, including any maintenance of reclaimed areas as may be required, subject to adjustment for the actual amount required to reclaim lands disturbed by surface mining activities since January 1, 1976, and new lands to be disturbed by surface mining activities in the upcoming year, as provided in subsection (F) of this section. Cost estimates shall be prepared by a licensed engineer and/or other qualified professionals retained by the operator and approved by the Planning Director. The estimated amount of the financial assurance shall be based on an analysis of physical activities necessary to implement the approved reclamation plan, the unit costs for each of these activities, the number of units of each of these activities and the actual administrative costs. Financial assurances to ensure compliance with revegetation, restoration of water bodies, restoration of aquatic or wildlife habitat and any other applicable element of the approved reclamation plan shall be based on cost estimates that include but may not be limited to labor, equipment, materials, mobilization of equipment, administration, and reasonable profit by a commercial operator other than the permittee.

D. In projecting the costs of financial assurances, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned by the operator and, consequently, the City or state may need to contract with a third-party commercial company for reclamation of the site.

E. The financial assurances shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed (including any maintenance required) (Public Resources Code Section 2772.1(a)(2)).

F. The amount of financial assurances required of a surface mining operation for any one year shall be adjusted annually to account for new lands disturbed by surface mining operations, inflation, and reclamation of lands accomplished in accordance with the approved reclamation plan (Public Resources Code Section 2773.1(a)(3)). The financial assurances shall include estimates to cover

Page 18.95-7


reclamation for existing conditions and anticipated activities during the upcoming year, excepting that the permittee may not claim credit for reclamation scheduled for completion during the coming year.

G. Revisions to financial assurances shall be submitted to the Planning Director each year prior to the anniversary date for approval of the financial assurances. The financial assurance shall cover the cost of including any required interim reclamation. If revisions to the financial assurances are not required, the operator shall explain, in writing, why revisions are not required. [Ord. 95-7 § 2; Code 1990 § 12.11.09.]

18.95.100 Inspections.

The Planning Department shall arrange for inspection of a surface mining operation within six months of receipt of the annual report required in CMC 18.95.050(H) to determine whether the surface mining operation is in compliance with the approved conditional use permit and/or reclamation plan, approved financial assurances, and the state regulations (Public Resources Code Section 2774(b)). In no event shall less than one inspection be conducted in any calendar year. Said inspections may be made by a state-registered geologist, state-registered civil engineer, state-licensed landscape architect, state-registered forester, who is experienced in land reclamation and who has not been employed by the mining operation in any capacity during the previous 12 months, or other qualified specialists, as selected by the Planning Director and as retained by the City Council. All inspections shall be conducted using a form approved and provided by the State Mining and Geology Board. The Planning Department shall notify the director of the California Department of Conservation within 30 days of completion of the inspection that the said inspection has been conducted and shall forward a copy of said inspection notice and any supporting documentation to the mining operator. The operator shall be solely responsible for the reasonable cost of such inspection. [Ord. 95-7 § 2; Code 1990 § 12.11.10.]

18.95.110 Interim management plans.

A. Within 90 days of a surface mining operation becoming idle, as defined in this chapter, the operator shall submit to the Planning Department a proposed interim management plan (IMP) (Public Resources Code Section 2770(h)). The proposed IMP shall fully comply with the requirements of Public Resources Code Section 2770(h) and shall provide measures the operator will implement to maintain the site in compliance with SMARA, including, but not limited to, all conditions of the conditional use permit and/or reclamation plan, and shall not be considered a project for the purposes of environmental review (Public Resources Code Section 2770(h)).

B. Financial assurances for idle operations shall be continued as addressed in the reclamation plan or as otherwise approved through the idle mine's IMP.

C. Upon receipt of a complete proposed IMP, the Planning Department shall forward the IMP to the Department of Conservation for review. The IMP shall be submitted to the Department of Conservation at least 45 days prior to approval by the Planning Commission.

D. Within 60 days of receipt of the proposed IMP, or a longer period mutually agreed upon by the Planning Director and the operator, the Planning Commission shall review and approve or deny the IMP in accordance with this chapter. The operator shall have 30 days or a longer period mutually agreed upon by the operator and the Planning Director to submit a revised IMP. The Planning Commission shall approve or deny the revised IMP within 60 days of receipt. If the Planning Commission denies the revised IMP, the operator may appeal that action to the City Council.

Page 18.95-8


E. The IMP may remain in effect for a period not to exceed five years, at which time the Planning Commission may renew the IMP for another period not to exceed five years or require the surface mining operator to commence reclamation in accordance with its approved reclamation plan. [Ord. 95-7 § 2; Code 1990 § 12.11.11.]


As a condition of approval for either the conditional use permit or the reclamation plan, a periodic review schedule shall be established to evaluate the compliance with said plan. [Ord. 95-7 § 2; Code 1990 § 12.11.12.]

18.95.130 Time limit for commencement of use of conditional use permit for surface mining operations.

The time limit for commencing a surface mining operation that is permitted pursuant to this chapter shall be as provided in CMC 18.15.050, regulating conditional use permits. [Ord. 95-7 § 2; Code 1990 § 12.11.13.]


If the Planning Department, based on an annual inspection or otherwise confirmed by an inspection of the mining operation, determines that a surface mining operation is not in compliance with this chapter, the applicable permit, and/or reclamation plan, the City shall follow the procedures set forth in SMARA, Sections 2774.1 and 2774.2, concerning violations and penalties, as well as those provisions of CMC 18.15.050(K) for revocation and/or abandonment of a conditional use permit which are not preempted by SMARA. [Ord. 95-7 § 2; Code 1990 § 12.11.14.]

Page 18.95-9


Chapter 18.100 TRANSPORTATION DEMAND MANAGEMENT

Sections:

18.100.010 Findings.

18.100.020 Purpose.



18.100.050 Trip reduction requirements.

18.100.060 Design features.

18.100.070 Trip reduction programs.

18.100.080 Monitoring.


18.100.100 Fees.

18.100.110 Voluntary motor vehicle trip reduction programs.

18.100.120 Appeals.


A. The City Council of the City of Calimesa is committed to protecting the health, safety, and welfare of the residents of Calimesa. Poor air quality and poor traffic congestion management are detrimental to public health, safety, and welfare, and mobile sources throughout the South Coast Air Basin contribute significantly to poor air quality in Calimesa.

B. The South Coast Air Quality Management Plan requires all cities and counties to reduce motor vehicle trips and motor vehicle miles traveled. The Riverside County Transportation Commission, as the congestion management agency for Riverside County, has established standards for new developments which could employ 100 or more persons. Every city in the county is required by state law to adopt and implement a transportation demand management ordinance which complies with the standards and requirements of the county's congestion management plan. [Ord. 92-17 § 1; Code 1990 § 9.11.01.]

18.100.020 Purpose.

This chapter is intended to protect the public health, safety, and welfare by reducing air pollution and traffic congestion caused by motor vehicle trips and motor vehicle miles traveled and to meet the

Page 18.100-1


requirements of Riverside County's congestion management plan and the Air Quality Management Plan. [Ord. 92-17 § 1; Code 1990 § 9.11.02.]


"Alternate work schedules" means a variation from the traditional five-day, 40-hour workweek to either a four-day, 40-hour workweek or a nine-day, 80-hour, two-week work schedule.

"Flextime" means allowing employees to determine their own starting and quitting times by either extending the work day during the morning or evening, or both.

"Parking management" means an action taken to alter the supply, operation, or demand for parking facilities to force a change from single-occupant motor vehicles to carpool, vanpool, or other methods of transportation.

"Rideshare" means a method of transporting more than one occupant per motor vehicle.

"Telecommuting" means an employee working at home or a satellite office near home rather than the normal place of work. [Ord. 92-17 § 1; Code 1990 § 9.11.03.]


This chapter is applicable to all new development or existing development that could potentially employ 100 or more people based on the following relationship between land use and the gross number of square feet per employee:

Land Use Category Gross Square Feet per Employee

Retail commercial 500 s.f. per employee

Office and professional 300 s.f. per employee

Industrial and manufacturing 500 s.f. per employee

Warehouse 1,000 s.f. per employee

Hospital 300 s.f. per employee

Hotel and motel 0.5 employees per guest room

Residential (excluding low and moderate income housing) 100 or more residential units

s.f. = square feet

For mixed-use developments, the projected number of employees will be based on the proportion of the development devoted to each land use. [Ord. 92-17 § 1; Code 1990 § 9.11.04.]

18.100.050 Trip reduction requirements.

A. All proposed developments shall incorporate design features or trip reduction programs, or a combination of design features and trip reduction programs, in their development plans to reduce work-related motor vehicle trips. The plans shall be sufficient to attain a 12 percent trip reduction

Page 18.100-2


from the expected number of trips that would be generated by the project as indicated in the latest edition of the Trip Generation Handbook published by the Institute of Traffic Engineers. Trip reductions shall be calculated by the standards established by the Southern California Association of Governments and the South Coast Air Quality Management District.

B. Design features and trip reduction programs shall be approved prior to the issuance of any permits. Agreements to secure implementation of such design features and trip reduction programs shall become conditions of development and shall be prepared and executed in a form satisfactory for recording in the Office of the County Recorder of Riverside County as covenants, conditions, and restrictions running with the land for the benefit of the City of Calimesa. [Ord. 92-17 § 1; Code 1990 § 9.11.05.]

18.100.060 Design features.

Design features provided pursuant to the provisions of this chapter may include, but are not limited to:

A. Preferential parking for carpool vehicles;

B. Bicycle parking and shower facilities;

C. Information centers for transportation alternatives;

D. Rideshare vehicle loading areas;

E. Vanpool vehicle accessibility;

F. Bus stop improvements and turnouts;

G. Walking, hiking, and bicycle paths between buildings and linkages between development uses to reduce short vehicle trips;

H. On-site child care facilities;

I. Local transportation system management methods and road improvements;

J. Contributions to funds providing regional facilities designed to reduce motor vehicle trips and vehicle miles, such as park-and-ride lots or multimodal transportation centers, or to areawide transportation management organizations or educational programs to reduce vehicle trips and miles traveled;

K. Facilities to encourage telecommuting;

L. Contributions to support regional facilities designed to reduce vehicle trips and miles traveled;

M. On-site amenities such as cafeterias and restaurants, automated teller machines, and other services that would eliminate the need for additional trips. [Ord. 92-17 § 1; Code 1990 § 9.11.06.]

18.100.070 Trip reduction programs.

Any combination of the following programs may be used to achieve the required motor vehicle trip reduction:

A. Alternate Work Schedules and Flextime.

1. For office, professional, industrial, manufacturing, and warehouse uses:

Page 18.100-3


a) Incorporate alternate work schedules and flextime. (Adoption of a nine-day, 80-hour, two-week work schedule for all employees would account for a 10 percent reduction in motor vehicle trips.)

2. Hospital:

a) Incorporate alternate work schedules and flextime programs for employees that normally work between the hours of 8:00 a.m. and 5:00 p.m.

B. Telecommuting.

1. For office and professional uses:

a) Office facilities 25,000 square feet or larger may preserve 5 percent of the gross floor area for telecommuting purposes to allow tenants with multiple facilities to establish satellite work centers.

b) Establish telecommuting or work-at-home programs to allow employees to work at home or a satellite work center either one day per week or one day every two weeks.

c) Through the telecommuting or work-at-home program, provide incentives or offset employee costs in acquiring the needed equipment and supplies for telecommuting.

2. All other uses:

a) Establish telecommuting or work-at-home programs for selected employees (i.e., certain clerical and administrative employees).

C. Bicycle Facilities.

1. All uses:

a) Provide bicycle parking facilities equal to 5 percent of the total required automobile parking spaces.

b) Preserve 2 percent of the gross floor area for employee locker and shower facilities.

D. Parking Management.

1. Office and professional uses:

a) Designate, with signs in lieu of painted pavement, 75 percent of required employee parking.

2. Commercial retail uses:


3. Industrial, manufacturing, and warehouse uses:


4. Hospital uses:


Page 18.100-4


5. All uses:

a) Designate, with signs in lieu of painted pavement, 25 percent of employee parking for carpools and vanpools.

b) Offer financial or other incentives to employees who participate in ridesharing or methods of transportation other than single-occupant motor vehicles.

c) Establish a parking surcharge on single-occupant motor vehicles.

E. Mass Transit.

1. All uses:

a) Provide incentives for employees to use mass transit facilities. Incentives could include providing employees with mass transit passes, additional pay, flextime, or any other incentives which encourage employees to use mass transit facilities rather than single-occupant motor vehicles.

F. Truck Dispatching, Rescheduling, and Rerouting.

1. Commercial and industrial uses:

a) Establish delivery schedules and truck routing to avoid congested areas and minimize peak-hour travel. [Ord. 92-17 § 1; Code 1990 § 9.11.07.]

18.100.080 Monitoring.

The City shall monitor new developments for compliance with the conditions of development, the motor vehicle trip reduction components of the approved development plan, and the provisions of this chapter as it may deem reasonable and necessary. Monitoring may include, but is not limited to:

A. Annual program review;

B. Field inspections of the development;

C. Other building site reports and surveys which the City may deem appropriate. [Ord. 92-17 § 1; Code 1990 § 9.11.08.]


The City shall have the right to pursue every available remedy at law or in equity for any failure to comply with the conditions of development, the motor vehicle trip reduction components of the approved development plan, the provisions of this chapter, or any breach of the covenants, conditions, and restrictions recorded in connection with the development agreement. In addition, violations of this chapter may be punished as misdemeanors as provided in Chapter 1.20 (commencing with CMC 1.20.010). [Ord. 92-17 § 1; Code 1990 § 9.11.09.]

18.100.100 Fees.

A fee, in an amount set by resolution of the City Council, shall be paid at the time of the initial project application for review of the motor vehicle trip reduction component of the development plan. In addition, an annual review fee, set by resolution of the City Council, shall be paid with the annual business license renewal fee. [Ord. 92-17 § 1; Code 1990 § 9.11.10.]

Page 18.100-5


18.100.110 Voluntary motor vehicle trip reduction programs.

A. Employers who employ less than 100 people will be encouraged by the City to submit trip reduction programs on a voluntary basis to achieve an overall trip reduction within the city of 12 percent.

B. The City Manager shall be responsible for developing effective incentives which promote voluntary programs to reduce motor vehicle trips and miles traveled.

C. The City of Calimesa will implement an alternate work schedule for all City employees consisting of a nine-day, 80-hour, two-week work schedule. To assure optimum service to the public, half of the City staff shall report for work every other Friday and the other half shall report for work on the alternate Fridays. [Ord. 92-17 § 1; Code 1990 § 9.11.11.]

18.100.120 Appeals.

Any person aggrieved by an administrative action, or any action of the Planning Commission, under this chapter may appeal such action to the City Council. A written notice of appeal concisely stating the facts of the case and the grounds of the appeal shall be filed with the City Clerk within 30 days of the action appealed from. Within 10 days, the City Manager shall estimate the cost of the appeal, including all direct and indirect costs, and notify the appellant of the estimated cost. The appellant shall pay the estimated cost of the appeal to the City Clerk within 30 days. Upon receipt of payment of the estimated cost of the appeal, the City Clerk shall set the matter for hearing within 30 days at a regular meeting of the City Council, and shall give appellant notice of the time and place of the hearing at least five days before the hearing. The decision of the City Council, after the appellant has had the opportunity to be heard, shall be final. [Ord. 92-17 § 1; Code 1990 § 9.11.12.]

Page 18.100-6


Chapter 18.105 WESTERN RIVERSIDE COUNTY TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM1

Sections:

18.105.010 Title.


18.105.030 Establishment of the transportation uniform mitigation fee.

18.105.040 Reimbursements.

18.105.050 Procedures for the levy, collection, and disposition of fees

18.105.060 Appointment of the TUMF administrator.

18.105.070 Effect.

18.105.010 Title.

This chapter shall be known as the Western Riverside County transportation uniform mitigation fee program ordinance of 2009 ("ordinance"). [Ord. 302 § 2, 2009; Ord. 244 § 1, 2006.]


For the purpose of this chapter, the following words, terms, and phrases shall have the following meanings:

"Class "A" office" means an office building that is typically characterized by high-quality design, use of high-end building materials, state-of-the-art technology for voice and data, on-site support services/maintenance, and often includes full-service ancillary uses such as, but not limited to, a bank, restaurant/office coffee shop, health club, printing shop, and reserved parking. The minimum requirements of an office building classified as Class "A" office shall be as follows:

A. A minimum of three stories (exception will be made for March JPA, where height requirements exist);

B. A minimum of 10,000 square feet per floor;

C. Steel frame construction;

Page 18.105-1


D. Central, interior lobby; and

E. Access to suites shall be from inside the building unless the building is located in a central business district with major foot traffic, in which case the first floor may be accessed from the street to provide entrances/exits for commercial uses within the building.

"Class "B" office" means an office building that is typically characterized by high-quality design, use of high-end building materials, state-of-the-art technology for voice and data, on-site support services/maintenance, and often includes full-service ancillary uses such as, but not limited to, a bank, restaurant/office coffee shop, health club, printing shop, and reserved parking. The minimum requirements of an office building classified as Class "B" office shall be as follows:

A. A minimum of two stories;

B. A minimum of 15,000 square feet per floor;

C. Steel frame, concrete, or masonry shell construction;

D. Central, interior lobby; and

E. Access to suites shall be from inside the building unless the building is located in a central business district with major foot traffic, in which case the first floor may be accessed from the street to provide entrances/exits for commercial uses within the building.

"Development project" or "project" means any project undertaken for the purposes of development including the issuance of a permit for construction.

"Gross acreage" means the total property area as shown on a land division map of record, or described through a recorded legal description of the property. This area shall be bounded by road rights-of-way and property lines.

"Habitable structure" means any structure or part thereof where persons reside, congregate, or work and which is legally occupied in whole or part in accordance with applicable building codes and state and local laws.

"Industrial project" means any development project that proposes any industrial or manufacturing use allowed in CMC Title 18 zoning classifications L-I (light industrial), B-P (business park), or S-P (specific plan) with one of the aforementioned zones used as the base zone.

"Low-income residential housing" means residential units in publicly subsidized projects constructed as housing for low-income households as such households are defined pursuant to Section 50079.5 of the Health and Safety Code. "Publicly subsidized projects," as the term is used herein, shall not include any project or project applicant receiving a tax credit provided by the State of California Franchise Tax Board.

"Multifamily residential unit" means a development project that has a density of greater than eight residential dwelling units per gross acre.

"Nonresidential unit" means retail commercial, service commercial, and industrial development which is designed primarily for nondwelling use, but shall include hotels and motels.

"Recognized financing district" means a financing district as defined in the TUMF administrative plan as may be amended from time to time.

Page 18.105-2


"Residential dwelling unit" means a building or portion thereof used by one family and containing but one kitchen, which is designed primarily for residential occupancy, including single-family and multifamily dwellings. "Residential dwelling unit" shall not include hotels or motels.

"Retail commercial project" means any development project that proposes any commercial use not defined as a service commercial project allowed in the following CMC Title 18 zoning classifications: C-N (neighborhood commercial), C-C (community commercial), C-R (regional commercial), O-P (office professional), or S-P (specific plan) with one of the aforementioned zones used as the base zone.

"Service commercial project" means any development project that is predominantly dedicated to business activities associated with professional or administrative services, and typically consists of corporate offices, financial institutions, and legal and medical offices.

"Single-family residential unit" means each residential dwelling unit in a development that has a density of eight units to the gross acre or less.

"TUMF participating jurisdiction" means a jurisdiction in Western Riverside County which has adopted and implemented an ordinance authorizing participation in the TUMF program and complies with all regulations established in the TUMF administrative plan, as adopted and amended from time to time by the WRCOG. [Ord. 302 § 2, 2009; Ord. 244 § 3, 2006.]

18.105.030 Establishment of the transportation uniform mitigation fee.

A. Adoption of TUMF Schedule. The city council shall adopt an applicable TUMF schedule through a separate resolution, which may be amended from time to time.

B. Fee Calculation. The fees shall be calculated according to the calculation methodology set forth in the Fee Calculation Handbook adopted July 14, 2003, as amended from time to time. The following shall be observed for purposes of calculating the fee:

1. For nonresidential projects, the fee rate utilized shall be based upon the predominant use of the building or structure identified in the building permit and as further specified in the TUMF administrative plan.

2. For nonresidential projects, the fee shall be calculated on the total square footage of the building or structure identified in the building permit and as further specified in the TUMF administrative plan.

C. Fee Adjustment. The fee schedule may be periodically reviewed and the amounts adjusted by the WRCOG executive committee. By amendment to the resolution, the fees may be increased or decreased to reflect changes in actual and estimated costs of the regional system including, but not limited to, debt service, lease payments and construction costs. The adjustment of the fees may also reflect changes in the facilities required to be constructed, in estimated revenues received pursuant to this chapter, as well as the availability or lack of other funds with which to construct the regional system. WRCOG shall review the TUMF program no less than every four years after the effective date of the ordinance codified in this chapter.

D. Temporary Fee Reduction Period.

1. Notwithstanding subsection (A) of this section and the adopted TUMF schedule, the City Council may, by separate resolution, adopt a reduced TUMF fee schedule applicable only through December 31, 2010. The TUMF may be so reduced by up to 50 percent of fees

Page 18.105-3


established in the schedule adopted pursuant to subsection (A) of this section. If fees are reduced, all other sections of this chapter shall still be in effect during the temporary fee reduction period. After December 31, 2010, the regular TUMF schedule, as adopted by the City Council and revised from time to time pursuant to subsection (A) of this section, shall automatically apply.

2. If reduced fees are paid pursuant to this subsection (D) at the time a building permit is issued and the building permit expires, subsequent building permit application on the same parcel shall be subject to the full TUMF amount, unless the temporary fee reduction period is still in effect at the time the subsequent application is made.

E. Purpose. The purpose of the TUMF is to fund those certain improvements to the regional system depicted in Exhibit "A" of the ordinance codified in this chapter and identified in the 2009 nexus study, Exhibit "B" of the ordinance codified in this chapter.

F. Applicability. The TUMF shall apply to all new development within the city unless otherwise exempt hereunder.

G. Exemptions. The following new development shall be exempt from the TUMF:

1. Low-income residential housing.

2. Government/public buildings, public schools, and public facilities.

3. The rehabilitation and/or reconstruction of any habitable structure in use on or after January 1, 2000, provided that the same or fewer traffic trips are generated as a result thereof.

4. Development projects which are the subject of a public facilities development agreement entered into pursuant to Government Code Section 65864 et seq., prior to the effective date of the ordinance codified in this chapter, wherein the imposition of new fees is expressly prohibited, provided that if the term of such a development agreement is extended by amendment or by any other manner after the effective date of the ordinance codified in this chapter, the TUMF shall be imposed.

5. Guest dwellings.

6. Additional single-family residential units located on the same parcel pursuant to the provisions of any agricultural zoning classifications set forth in this title.

7. Kennels and catteries established in connection with an existing single-family residential unit.

8. Detached second units.

9. The sanctuary building of a church or other house of worship eligible for a property tax exemption.

10. Any nonprofit corporation or nonprofit organization offering and conducting full-time day school at the elementary, middle school, or high school level for students between the ages of 5 and 18 years.

H. Credit. Regional system improvements may be credited toward the TUMF in accordance with the TUMF administrative plan and the following:

Page 18.105-4


1. Regional Tier.

a) Arterial Credits. If a developer constructs arterial improvements identified on the regional system, the developer shall receive credit for all costs associated with the arterial component based on the approved nexus study, including Addendum 1, for the regional system effective at the time the credit agreement is entered into. WRCOG staff must preapprove any credit agreements that deviate from the standard WRCOG approved format.

b) Other Credits. In special circumstances, when a developer constructs off-site improvements such as an interchange, bridge, or railroad grade separation, credits shall be determined by WRCOG and the City in consultation with the developer. All such credits must have prior written approval from WRCOG.

c) The amount of the development fee credit shall not exceed the maximum amount determined by the nexus study, including Addendum 1, for the regional system at the time the credit agreement is entered into or actual costs, whichever is less.

2. Local Tier.

a) The local jurisdiction shall compare facilities in local fee programs against the regional system and eliminate any overlap in its local fee program except where a recognized financing district has been established.

b) If there is a recognized financing district established, the local agency may credit that portion of the facility identified in both programs against the TUMF in accordance with the TUMF administrative plan. [Ord. 302 § 2, 2009; Ord. 244 § 4, 2006.]

18.105.040 Reimbursements.

Should the developer construct regional system improvements in excess of the TUMF fee obligation, the developer may be reimbursed based on actual costs or the approved nexus study, including Addendum 1, effective at the time the agreement was entered into, whichever is less. Reimbursements shall be enacted through an agreement between the developer and the City, contingent on funds being available and approval by WRCOG. In all cases, however, reimbursements under such special agreements must coincide with construction of the transportation improvements as scheduled in the five-year capital improvements program adopted annually by WRCOG. [Ord. 302 § 2, 2009; Ord. 244 § 5, 2006.]

18.105.050 Procedures for the levy, collection, and disposition of fees.

A. Authority of the Building Department. The Director of Building and Safety, or his/her designee, is hereby authorized to levy and collect the TUMF and make all determinations required by this chapter.

B. Payment. Payment of the fees shall be as follows:

1. The fees shall be paid at the time a certificate of occupancy is issued for the development project or upon final inspection, whichever comes first (the "payment date"). However, this section should not be construed to prevent payment of the fees prior to issuance of an occupancy permit or final inspection. Fees may be paid at the issuance of a building permit, and the fee payment shall be calculated based on the fee in effect at that time, provided the developer tenders the full amount of his/her TUMF obligation. If the developer makes only a

Page 18.105-5


partial payment prior to the payment date, the amount of the fee due shall be based on the TUMF fee schedule in place on the payment date. The fees shall be calculated according to fee schedule set forth in the resolution and the calculation methodology set forth in the Fee Calculation Handbook adopted July 14, 2003, as amended from time to time.

2. The fees required to be paid shall be the fee amounts in effect at the time payment is due under this chapter, not the date the ordinance codified in this chapter was initially adopted. The City shall not enter into a development agreement which freezes future adjustments of the TUMF.

3. If all or part of any development project is sold prior to payment of the fee, the property shall continue to be subject to the requirement for payment of the fee. The obligation to pay the fee shall run with the land and be binding on all the successors in interest to the property.

4. Fees shall not be waived.

C. Disposition of Fees. All fees collected hereunder shall be transmitted to the executive director of WRCOG within 30 days for deposit, investment, accounting, and expenditure in accordance with the provisions of this chapter and the Mitigation Fee Act.

D. Appeals. Appeals shall be filed with WRCOG in accordance with the provisions of the TUMF administrative plan. Appealable issues shall be the application of the fee, application of credits, application of reimbursement, application of the legal action stay, and application of exemption.

E. Reports to WRCOG. The City Manager, or his/her designee, shall prepare and deliver to the executive director of WRCOG periodic reports as will be established under CMC 18.105.060. [Ord. 302 § 2, 2009; Ord. 244 § 6, 2006.]

18.105.060 Appointment of the TUMF administrator.

WRCOG is hereby appointed as the administrator of the transportation uniform mitigation fee program. WRCOG is hereby authorized to receive all fees generated from the TUMF within the city, and to invest, account for, and expend such fees in accordance with the provisions of this chapter and the Mitigation Fee Act. The detailed administrative procedures concerning the implementation of this chapter shall be contained in the TUMF administrative plan adopted May 5, 2003, and as may be amended from time to time. Furthermore, the TUMF administrator shall use the Fee Calculation Handbook adopted July 14, 2003, as amended from time to time, for the purpose of calculating a developer's TUMF obligation. In addition to detailing the methodology for calculating all TUMF obligations of different categories of new development, the purpose of the Fee Calculation Handbook is to clarify for the TUMF administrator, where necessary, the definition and calculation methodology for uses not clearly defined in the respective TUMF ordinances.

WRCOG shall expend only that amount of the funds generated from the TUMF for staff support, audit, administrative expenses, and contract services that are necessary and reasonable to carry out its responsibilities, and in no case shall the funds expended for salaries and benefits exceed 1 percent of the revenue raised by the TUMF program. The TUMF administrative plan further outlines the fiscal responsibilities and limitations of the administrator. [Ord. 302 § 2, 2009; Ord. 244 § 7, 2006.]

Page 18.105-6


18.105.070 Effect.

No provisions of this chapter shall entitle any person who has already paid the TUMF to receive a refund, credit, or reimbursement of such payment. This chapter does not create any new TUMF. [Ord. 302 § 2, 2009.]

1 Prior legislation: Ords. 204 and 231 and prior code §§ 6.15.01 through 6.15.06.

Page 18.105-7


Chapter 18.110 PARK DEVELOPMENT AND RECREATIONAL FACILITIES MITIGATION FEES

Sections:


18.110.020 Purpose.

18.110.030 Area to be benefited and amount of fees.


18.110.050 Limited use of fees.

18.110.060 Fee adjustments.


The City Council of the City of Calimesa hereby finds and declares that:

A. It is the responsibility of this City to provide and to encourage provisions for recreational opportunities and facilities for all people within this city.

B. When there is proper planning and development, parks, recreation areas, recreational facilities, and historical resource preservation projects contribute not only to a healthy physical and moral environment, but also contribute to the economic betterment of the city, and therefore, it is in the public interest for the City to acquire, develop, or restore areas for recreation, conservation, and preservation.

C. The demand for parks, recreation areas, recreational facilities, and historical preservation projects is greater than what is presently available.

D. Multifamily residential projects, apartment projects, and other residential construction not subject to the fees specified in Section 66477 of the California Government Code, as well as commercial and industrial construction, create a need for parks, recreation areas, recreational facilities, and historical preservation projects equal to or greater than residential subdivisions because of their higher population density and use. [Ord. 91-35; Code 1990 § 6.11.01.]

18.110.020 Purpose.

In order to implement the goals and objections of the proposed General Plan of the City and to mitigate the impact caused by new construction or reconstruction, not subject to the fees specified in Section 66477 of the California Government Code, upon parks, recreation areas, recreational facilities, and

Page 18.110-1


historical resource preservation projects, new parks, recreation areas, recreational facilities, and historical preservation sites must be acquired, constructed, and maintained. The City Council has determined that park development and recreational facility mitigation fees are needed to finance such acquisitions, construction, and maintenance, and pursuant to Section 66018 of the California Government Code held a public hearing which allowed for oral or written presentations to be made, as part of a regularly scheduled City Council meeting on November 12, 1991. [Ord. 91-35; Code 1990 § 6.11.02.]

18.110.030 Area to be benefited and amount of fees.

Park development and recreational facility mitigation fees are hereby authorized and the fees established pursuant to this chapter shall be applicable to any project requiring the issuance of a permit for construction or reconstruction which is not subject to the fees specified in Section 66477 of the California Government Code (Quimby Fees). The City Council shall, in a council resolution, set forth the specific amount of the fees to be imposed. The resolution shall refer to this chapter and may refer to the park and recreation master plan established for the former County Service Area 74 to establish the reasonable relationship between the fee thus established and the various types of new development. As described in the fee resolution, the park development and recreational facilities mitigation fee shall be paid by each applicant for a building permit, either prior to the issuance of a building permit or prior to the issuance of a certificate of occupancy for commercial, industrial or residential dwelling units. The City Council shall, on an annual basis, review these fees to determine whether the fee amounts are reasonably related to the impacts of development and whether the park development and recreational facility mitigation fees are still needed. [Ord. 91-35; Code 1990 § 6.11.03.]


No fee provided for in this chapter shall be applicable to the reconstruction of any residential, commercial, or industrial development project that is damaged or destroyed as a result of a natural disaster. Any reconstruction of real property, or portion thereof, which is not substantially equivalent to the damaged or destroyed property, shall be deemed to be new construction and only that portion which exceeds substantially equivalent construction may be assessed a fee. The term "substantially equivalent," as used in this section, shall have the same meaning as the term in subdivision (c) of Section 70 of the California Revenue and Taxation Code. [Ord. 91-35; Code 1990 § 6.11.04.]

18.110.050 Limited use of fees.

The revenue raised by the payment of the fees provided for in this chapter shall be placed in a separate and special account and such revenues, along with any interest earnings on that account, except for temporary investments, shall be used solely for the planning, acquisition, development, construction, and maintenance of parks, recreation areas, recreational facilities, and historical resource preservation projects. [Ord. 91-35; Code 1990 § 6.11.05.]

18.110.060 Fee adjustments.

Any applicant for a building permit subject to the fees described in this chapter may apply to the City Council for a reduction or adjustment of that fee, or a waiver of that fee, based on the absence of any reasonable relationship or nexus between the fee or fees and the impact of that development and the

Page 18.110-2


amount of the fee charged. The application shall be made in writing and filed with the City Clerk not later than:

A. Ten days prior to the public hearing on the development permit application for the project; or

B. If no development permit is required, then the time for application shall be no later than 10 days prior to the application for a building permit.

C. The application shall state in detail the factual basis for the claim of waiver, reduction, or adjustment. The City Council shall consider the application at the public hearing on the application for the building permit or at a separate hearing held within 60 days after the filing of the fee of the application for the adjustment, whichever is later. The decision of the City Council shall be final. If a reduction, adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment, or reduction of the fee. [Ord. 91-35; Code 1990 § 6.11.06.]

Page 18.110-3


Chapter 18.115 DEVELOPMENT IMPACT FEES

Sections:

18.115.010 Findings and purpose.


18.115.030 Establishment of development impact fees and providing for their adoption by resolution.

18.115.040 Automatic adjustment of fees.

18.115.050 Increase by resolution.

18.115.060 Creation of special accounts.

18.115.070 General Plan land use to compute fee.

18.115.080 Payment of fees.

18.115.090 Exemptions established by resolution.

18.115.100 Discretionary fee adjustments.

18.115.110 Developer construction of capital facilities.

18.115.010 Findings and purpose.

The City Council finds and determines as follows:

A. The cost of providing public facilities occasioned by development projects within the city far exceeds the revenue generated by fees exacted from said development projects.

B. Development impact fees are charged to developers in connection with both residential and nonresidential developments to mitigate the costs associated with additional capital and infrastructure needs attributed to new development.

C. The purpose of this chapter is to provide the mechanism by which the City Council will establish, adjust, and collect the development impact fees which are imposed on new development to mitigate the impacts of new development. The adoption and implementation of a schedule of development impact fees will in all ways be consistent with the requirements of the law, including, without limitation, the California Constitution and the provisions of Government Code Section 66000 et seq. (the Mitigation Fee Act).

D. The development impact fees authorized by this chapter are based on the costs which are generated through the need for new facilities and other capital acquisition costs required, incrementally, by new development projects within the city.

Page 18.115-1


E. The development impact fees authorized by this chapter shall not exceed the reasonable cost of providing the capital and infrastructure needs attributed to new residential and nonresidential development in the city.

F. The fees established pursuant to this chapter shall relate rationally to the reasonable cost of providing public capital and infrastructure needs occasioned by development projects within the city, which capital and infrastructure needs and development projects shall be consistent with the City's adopted comprehensive General Plan.

G. The fees authorized by this chapter shall be consistent with the goals and objectives of the City's comprehensive General Plan and shall be designed to mitigate the impacts caused by new development throughout the city. The development impact fees established herein are necessary in order to finance capital and infrastructure improvements and to provide new development's fair share of the construction and/or acquisition costs of these improvements.

H. Imposition of development impact fees to finance public facilities and service improvements, including police and fire protection capital and facilities needs, is necessary in order to protect the public safety and welfare.

I. In establishing and adjusting the development impact fees adopted pursuant to this chapter, it is the intent and goal of the City Council that, unless otherwise specifically provided in the enacting resolution, the development impact fees reflect the reasonable cost of providing the capital facilities and infrastructure necessitated by new development in the city. [Ord. 260 § 1, 2007; Code 1990 § 6.7.01.]


For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meanings ascribed to them in California Government Code Section 66000:

Development project shall be defined in accordance with California Government Code Section 66000(a). The term "development project" shall also include, without limitation, the erection or installation of manufactured housing or structures, and structures moved into the city.

Fee shall be defined in accordance with California Government Code Section 66000(b).

Public facilities shall be defined in accordance with California Government Code Section 66000(d). [Ord. 260 § 1, 2007; Code 1990 § 6.7.02.]

18.115.030 Establishment of development impact fees and providing for their adoption by resolution.

A. A development impact fee is hereby authorized on the issuance of all building permits or other initial entitlement of use within the city to finance the cost of public facilities and improvements required as a result of new development.

B. The City Council shall, by resolution, set forth the specific amount of the development impact fees, describe the benefit and impact area on which the fees are imposed, list the specific public improvements to be financed, describe the estimated cost of these facilities and the reasonable relationship between the fees and the various types of new development on which the fees are imposed, and set forth the time and terms of payment of the fees.

Page 18.115-2


C. On an annual basis, the City Council shall review the development impact fees to determine whether the fee amounts are reasonably related to the impacts of development and whether the described public facilities are still needed. [Ord. 260 § 1, 2007; Code 1990 § 6.7.03.]

18.115.040 Automatic adjustment of fees.

Each fee authorized by this chapter shall be adjusted automatically on July 1 of each year, beginning July 1, 2007, by a percentage equal to the McGraw-Hill Construction Index for Southern California for the preceding 12 months. This automatic adjustment shall not apply to fees which are based on variable factors, which result in automatic adjustments, or which specifically indicate otherwise. [Ord. 260 § 1, 2007; Code 1990 § 6.7.04.]

18.115.050 Increase by resolution.

The amount of each fee authorized pursuant to this chapter may be more specifically set and revised periodically by resolution of the City Council, with this section being considered as enabling and directive. [Ord. 260 § 1, 2007; Code 1990 § 6.7.05.]

18.115.060 Creation of special accounts.

Each development impact fee collected pursuant to this chapter shall be deposited in a special account created to hold the revenue generated by each such fee. Monies within each such account may be expended only by appropriation by the City Council for specific projects which are of the same category as that for which the fee was collected. [Ord. 260 § 1, 2007; Code 1990 § 6.7.06.]

18.115.070 General Plan land use to compute fee.

The approved comprehensive General Plan land use designation for the property to be developed shall be used in the computation of the development impact fees required to be paid by any development project or property. If a parcel contains more than one land use, then the applicable fees shall be prorated by acreage or square footage attributable to each land use. Public properties shall be classified into the category of use as between residential, commercial, or industrial, and shall pay the fee pursuant to that classification, as determined by the Community Development Director. [Ord. 260 § 1, 2007; Code 1990 § 6.7.07.]

18.115.080 Payment of fees.

A. The development impact fees authorized pursuant to this chapter shall be paid for the property on which a development project is proposed at the time of application for any required permit.

B. The fees created pursuant to this chapter shall be calculated on the basis of net acreage or square footage, as determined in the City's study or report, which forms the basis and justification for the fees. [Ord. 260 § 1, 2007; Code 1990 § 6.7.08.]

Page 18.115-3


18.115.090 Exemptions established by resolution.

The City Council shall, by resolution, set forth any exemptions to the development impact fee authorized by this chapter. These exemptions may be reviewed from time to time, and may be revised periodically by resolution of the City Council to conform with the law or City policy, with this section being considered enabling and directive. [Ord. 260 § 1, 2007; Code 1990 § 6.7.09.]

18.115.100 Discretionary fee adjustments.

A. The developer of a project subject to the development impact fees established pursuant to this chapter may apply to the City Council for a reduction or adjustment to the fee(s), or a waiver of the fee(s), based on the lack of any reasonable relationship or nexus between the impacts of that development and the amount of the fee charged or the type of facilities to be financed. The application shall be made in writing as follows:

1. Filed with the City Clerk not later than 10 days prior to the public hearing on the development permit application for the project; or

2. If no development permit or public hearing is required, at the time of the filing of the request for a building or other applicable use permit.

B. The application shall state in detail the factual basis for the claim of waiver, reduction, or adjustment. The City Council shall consider the application at the public hearing on the permit application, or at a separate hearing held within 60 days after the filing of the fee adjustment application, whichever is later. The decision of the City Council shall be final. If a reduction, adjustment or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment, or reduction of the fee.

C. The City Council may, from time to time, as the need may arise, and in the City Council's discretion, set forth, by council resolution, specific limitations which will apply to reductions, adjustments, waivers, or deferrals of development impact fees which may be made pursuant to his section. [Ord. 260 § 1, 2007; Code 1990 § 6.7.10.]

18.115.110 Developer construction of capital facilities.

Whenever a developer is or has been required, as a condition of approval of a development permit, to construct a public facility which is the subject of this chapter, and which facility is determined by the City Council to have supplemental size, length, or capacity over that needed for the impact of that development, and when such construction is necessary to ensure efficient and timely construction of the city's capital facilities network, a reimbursement and/or development impact fee credit agreement shall be offered. The reimbursement amount shall not include the portion of the improvement needed to provide services or mitigate the need for the facility or the burdens created by the development project. The specific procedures for reimbursement and/or credit agreements shall be adopted by resolution of the City Council, with this section being considered as enabling and directive. [Ord. 260 § 1, 2007; Code 1990 § 6.7.11.]

Page 18.115-4


Chapter 18.120 OUTDOOR LIGHTING

Sections:



18.120.030 Exempt lighting.

18.120.040 Prohibited lighting.

18.120.050 Nonconforming lighting.

18.120.060 Lighting plan required.

18.120.070 Performance standards applicable in all lighting zones.

18.120.080 Lighting in the residential lighting zone.

18.120.090 Lighting in the commercial/industrial zone.

18.120.100 Lighting in the open space zone.

18.120.110 Lighting for special uses.

18.120.120 Parks, trails, and wildlife corridor lighting specifications.

18.120.130 Calimesa Boulevard Corridor lighting specifications.

18.120.140 Administration and enforcement.



It is the purpose and intent of this chapter to establish regulations and standards which will reduce light pollution generated by residential, commercial, and industrial lighting fixtures and devices, minimize light pollution which has a detrimental effect on the environment and the enjoyment of the night sky, reduce and minimize lighting and lighting practices which cause unnecessary illumination of adjacent properties, correct problems of glare and light trespass, reduce energy use, comply with the regulations set forth in the California Building Efficiency Standards (Title 24, Parts 1 and 6 of the California Code of Regulations, enacted pursuant to California Public Resources Code Section 25402.1, or successor statute), and implement the Calimesa General Plan. [Ord. 294 § 15, 2009.]

Page 18.120-1



The terms used in this chapter shall have the meanings set forth in this section, except as provided as follows:

"Abandoned property" means a condition in which a property is: (A) vacant; or (B) distressed. (See CMC 8.55.020.)

"Adult-oriented business" means an adult-oriented business as defined in CMC 5.25.020.

"Day" means a calendar day.

"Disabling glare" means glare that (A) impairs the visibility and creates a potentially hazardous situation for either pedestrians or motorists, or (B) precludes the operation of a nearby business or the provision of activities, programs or services on nearby property.

"Distressed" means distressed as defined in CMC 8.55.020.

"Fixture" means the assembly that holds a lamp and may include an assembly housing, a mounting bracket or polo socket, lamp holder, ballast, reflector, or mirror and a refractor or lens.

"Foot-candle" means a unit of light measurement equal to one lumen per square foot.

"Glare" means the brightness of a light source that causes annoyance, discomfort, or loss in visual performance and visibility to the eye.

"Light trespass" means light emitted by a lighting installation which shines beyond the boundaries of the property on which the installation is sited.

"Lumen" means a unit of measurement of light. One lumen equals 1 foot-candle falling onto 1 square foot of area.

"Luminaire" means a lighting fixture complete with the light source or lamp, the reflector for directing the light, an aperture (with or without a lens), the outer shell or housing for lamp alignment and protection, an electrical ballast, if required, and connection to a power source.

"Nuisance glare" means glare that (A) creates an annoyance or aggravation but does not create a potentially hazardous situation, or (B) creates an annoyance or aggravation that impairs or impedes a person's right of quiet enjoyment of his/her property.

"Outdoor advertising sign" means an outdoor advertising sign as defined in CMC 18.60.020.

"Outdoor advertising structure" means an outdoor advertising structure as defined in CMC 18.60.020.

"Spillover light" means light trespass.

"Vacant" means vacant as defined in CMC 8.55.020.

"Watt" means a standard unit of power (energy per unit time), the equivalent of one joule per second. [Ord. 294 § 15, 2009.]

Page 18.120-2


18.120.030 Exempt lighting.

The following outdoor lighting and lighting fixtures are exempt from this chapter:

A. Fossil fuel (e.g., gas or kerosene) lamps;

B. Temporary holiday decorations, for the time period commencing 30 days prior to the holiday, and extending not later than 30 days after the holiday;

C. Flag lighting of 150 watts or less;

D. Emergency lighting, for the duration of the emergency;

E. Exposed string outdoor lighting, provided that (1) they consist exclusively of a white light with a clear bulb, (2) the installation of such lights shall be limited to the lighting of living landscape features (shrubs and trees) in outside dining areas or within the parking areas of a commercial center or plaza, and (3) all such lighting is installed in accordance with applicable safety regulations;

F. Interior lighting, provided that overly bright interior light emitted outdoors from any structure will be subject to control by this chapter if it is determined by the Community Development Director that the indoor lighting creates light trespass, nuisance glare, or disabling glare. [Ord. 294 § 15, 2009.]

18.120.040 Prohibited lighting.

The following lighting systems are prohibited except as otherwise indicated:

A. Aerial lasers, "search light" style lights, and flashing lights, unless they are allowed as part of a temporary use as regulated by CMC 18.15.130 (or any successor ordinance) (see CMC 18.120.110(B)(8));

B. Lighting fixtures mounted in such a way as to illuminate a roof, or aimed only toward a property line, or which cause disabling glare or light trespass, as determined by the Community Development Director; and

C. Billboard lighting that is pointed up. [Ord. 294 § 15, 2009.]

18.120.050 Nonconforming lighting.

All outdoor light fixtures existing and legally installed prior to the effective date of the ordinance codified in this chapter shall be deemed nonconforming and are exempt from the requirements of this chapter except that nonconforming lighting fixtures shall not be structurally altered, reconstructed, or replaced so as to extend their useful life. Nothing herein shall prevent the property owner or occupant from carrying out ordinary repairs and maintenance required to maintain said nonconforming outdoor light fixtures in a safe manner. In the event that any nonconforming lighting fixture is structurally altered, reconstructed, or replaced, such fixture shall be made to conform to the requirements of this chapter. Additionally, should it be determined that a nonconforming light fixture results in light trespass, the Community Development Director may require that the light be shielded, filtered, redirected, replaced with a less intense light source, removed, or a combination thereof, to eliminate light trespass. [Ord. 294 § 15, 2009.]

Page 18.120-3


18.120.060 Lighting plan required.

The submittal of a lighting plan is required as part of a development application or land use permit or clearance (except for lighting on an existing single-family residence). All lighting plans shall be prepared and certified to its compliance with the requirements of this chapter by a qualified lighting engineer prior to submitting lighting plans to the City. Lighting plans shall contain the information as specified by the lighting plan submittal requirements provided by the Community Development Department. [Ord. 294 § 15, 2009.]

18.120.070 Performance standards applicable in all lighting zones.

The following performance standards are applicable in all lighting zones:

A. The candlepower of all lights shall be the minimum required to accomplish the purpose of the light, but shall not exceed the candlepower requirements of this chapter.

B. All lights shall be directed, oriented, and shielded to prevent light trespass or glare onto adjacent properties, public rights-of-way, and/or driveway areas.

C. Lighting for advertising signs shall not cause light trespass, disabling glare, or nuisance glare on surrounding properties.

D. Lighting shall not be directed towards or seen from Interstate 10 in such a manner that would result in disabling glare for drivers, or otherwise result in light trespass.

E. Motion detector lighting fixtures are allowed, provided that: (1) there is no light trespass or spillover onto adjacent properties; (2) the fixtures are mounted within 5 feet of an entrance or exit door, garage door, or alcove of a structure; (3) installed no more than 8 feet above the ground; and (4) illuminated with a maximum of two light bulbs of no more than 75 watts each.

F. Exterior lighting shall be turned off during daylight hours. As used herein, "daylight hours" means the hours between sunrise (dawn) and sunset.

G. Exterior lighting shall demonstrate an efficient distribution of lighting using low-glare, low-light pollution fixtures for lighting building exteriors and surrounding areas. Exterior lighting shall demonstrate compliance with Title 24 Energy Standards (including but not limited to Parts 1 and 6 of Title 24, California Code of Regulations, or successor regulations). [Ord. 294 § 15, 2009.]

18.120.080 Lighting in the residential lighting zone.

A. The residential lighting zone consists of all areas of the city zoned for O-S-R, R-E, R-R, R-L, R-L-M, R-M, R-H, PRD, and any other residential zone that may be adopted by the City in the future.

B. General Requirements.

1. All outdoor lighting fixtures shall be installed and operated in conformance with this chapter, all other applicable provisions of the code, Title 24 of the California Code of Regulations, Part 6 (and any successor regulations), and the Uniform Building and Electrical Codes. In the event of any conflicts between this chapter and any other provision of the code, the more stringent regulation shall apply.

Page 18.120-4


2. In multifamily residential dwellings or buildings, lighting for safety and/or security purposes shall be provided at entryways, along walkways, between buildings, and within parking areas subject to the provisions of this chapter.

3. All outdoor lighting shall comply with the general performance requirements set forth in CMC 18.120.070(B).

4. Special Lighting Requirements. All outdoor lighting shall comply with the following additional requirements:

Subject Requirement

Candlepower Shall not exceed 0.3 foot-candles at property lines.

Height of Fixtures/Poles

Shall not exceed the maximum permitted building height of the applicable residential zone. If attached to a single-family residence the lighting shall not exceed the height of the roof eave.

Lighting Design

Lighting poles and fixtures shall complement the overall site architecture and design in terms of scale, color, and style.

[Ord. 294 § 15, 2009.]

18.120.090 Lighting in the commercial/industrial zone.

A. The commercial/industrial lighting zone consists of all areas of the city zoned for C-N, C-C, C-R, C-P Overlay, O-P, P/Q, L-I, BP, and any other commercial/industrial zone that may be adopted by the City in the future.



2. In commercial/industrial buildings, lighting for safety and/or security purposes shall be provided at entryways, along walkways, between buildings, and within parking areas subject to the provisions of this chapter.


4. Neon lighting is allowed under the following circumstances:

a) As signage pursuant to CMC 18.50.040(E)(3), Neon tubing.

Page 18.120-5


b) As part of the architectural theme of a building if approved under Chapter 18.90, Development plan review.

C. Special Lighting Standards. All outdoor lighting shall comply with the following additional requirements:

Subject Requirement

Candlepower for Parking Lot Lighting

Lighting shall maintain a minimum of 1 foot-candle power across the surface of the parking area.


Lights mounted on poles or structures intended primarily for mounting lights shall not exceed a maximum height of 20 feet, except that lighting attached to a single-story building shall not exceed the height of the roof eave.

Lighting Design

– Parking lot lighting poles and fixtures shall complement the overall site architecture and design in terms of scale, color, and style. – Exterior building lights shall complement the overall building appearance.

D. Lighting Curfew. Outdoor lighting systems in the commercial/industrial zone shall be turned off or reduced in lighting by at least 50 percent beginning at 10:00 p.m. or close of business, whichever is later, until dawn or the opening of business, whichever is earlier. The reduction shall be determined as an overall average for the parcel. When possible, the lighting system shall be turned off rather than reduced in lighting level. Lighting shall be equipped with either timer controls or with photocell on and off switches.

Exceptions to the lighting curfew are as follows:

1. When there is only one conforming lighting fixture for the parcel; or

2. When a law or regulation requires lighting for steps and stairs; or

3. When, in the opinion of the Community Development Director, reduced lighting levels at a given location (a) will cause unacceptable increased risk to safety and/or security; (b) will impair business operations when a business is open during the light curfew period or will impair the functions, services, or programs conducted during the light curfew period; and (c) will cause only a de minimis effect on nearby properties.

4. Pending determination of the Community Development Director on an exception application under this section, the responsible party shall bring the property into compliance with the light curfew.

5. The decision of the Community Development Director may be appealed to the Planning Commission in accordance with CMC 18.15.080. [Ord. 294 § 15, 2009.]

Page 18.120-6


18.120.100 Lighting in the open space zone.

A. The open space lighting zone consists of all areas of the city zoned for O-S and any other open space zone that may be adopted by the City in the future.



2. Lighting for safety and/or security purposes shall be provided at entryways, along walkways, between buildings, and within parking areas subject to the provisions of this chapter.


C. Special Lighting Standards. All outdoor lighting shall comply with the following additional requirements:

Subject Requirement

Candlepower Shall not exceed 0.3 foot-candles at property lines.


Shall not exceed the maximum permitted building height of the applicable residential zone. If attached to a single- family residence, the lighting shall not exceed the height of the roof eave.

Lighting Design Lighting poles and fixtures shall complement the overall site architecture and design in terms of scale, color, and style while being sensitive to its surroundings.

[Ord. 294 § 15, 2009.]

18.120.110 Lighting for special uses.

A. The special use lighting zone includes all uses that require specialized lighting requirements because of their unique operating characteristics, secondary effects on surrounding properties, and/or the need for accurate color rendition, as more specifically provided for in this section.

B. Special Uses Defined. The following uses are included in the special uses lighting zone:

1. Adult-oriented businesses;

2. Automobile sales lots;

3. Drive-through facilities;

Page 18.120-7


4. Massage establishments;

5. Outdoor recreation facilities (e.g., tennis courts, driving ranges, sports fields);

6. Outdoor advertising structures;

7. Service stations;

8. Temporary uses (i.e., fairs, festivals, concerts, carnivals, sales events, etc.);

9. Vacant and abandoned properties.

C. General Requirements.


2. Safety and Security. Except as otherwise provided in this section, lighting for safety and/or security purposes shall be provided at entryways, along walkways, between buildings, and within parking areas subject to the provisions of this chapter.

3. Except as otherwise expressly provided in this section, all outdoor lighting shall also comply with the general performance requirements set forth in CMC 18.120.070 and the general performance requirements set forth in the applicable lighting zone in which the use is located.

D. Special Lighting Requirements for Special Uses. In addition to the lighting requirements otherwise required by this chapter, the following shall also apply:

1. Adult-Oriented Businesses. Off-street parking areas and entries to the building in which the adult-oriented business is located shall each be illuminated from dusk until two hours past closing time with a lighting system that provides an average maintained horizontal illumination of 1 foot-candle of light on the parking surfaces or walkways.

2. Automobile/Vehicle Sales Lots. Areas for the display of vehicles shall be allowed to use lighting that provides for accurate color rendition of the vehicles. Such lighting shall also comply with the performance standards specified in CMC 18.120.070.

3. Drive-Through Facilities. Drive-through lanes shall provide adequate screening to ensure that vehicle headlights do not cause nuisance glare or disabling glare to drivers or pedestrians, or otherwise result in light trespass.

4. Massage Establishments. All off-street parking locations, entrances, and exits to the building in which the massage therapy establishment is located, or which are provided for or belong to the massage therapy establishment, shall be illuminated from dusk until two hours past closing time with a lighting system that provides an average maintained horizontal illumination of 1 foot-candle of light on the parking surface and walkways.

5. Outdoor Recreation Facilities (e.g., tennis courts, driving ranges, sports fields). Lighting shall be adequately shielded to direct light rays onto the activity area of the facility only. There shall be no illumination of outdoor recreational facilities unless the facilities are being utilized.

Page 18.120-8


6. Outdoor Advertising Structures. An outdoor advertising display may be illuminated, provided that the displays are so constructed that no light bulb, tube, filament, or similar source of illumination is visible beyond the display face. Displays making use of lights to convey the effect of movement or flashing, intermittent, or variable intensity shall not be permitted. Displays shall use the most advanced methods to ensure the most energy efficient methods of display illumination.

7. Service Stations. All light sources, including canopy, perimeter, and flood, shall be stationary and shielded or recessed within the roof canopy so that the service station shall be indirectly visible and light is deflected away from adjacent properties and public rights-of-way. Lighting shall not be of such a high intensity as to cause nuisance glare or disabling glare to drivers or pedestrians, or result in light trespass to nearby properties. No luminaire shall be higher than 15 feet above finished grade.

8. Temporary Uses (i.e., fairs, festivals, concerts, carnivals, sales events, etc.). Aerial lasers, "search light" style lights, and flashing lights may be allowed on a case-by-case basis based on the particular lighting zone, location, and surroundings, subject to the approval of a temporary use permit pursuant to CMC 18.15.130 (or any successor ordinance). Approved aerial lasers, "search light" style lights, and flashing lights temporarily allowed in connection with temporary uses shall also comply with the requirements of CMC 18.120.070 and 18.120.090.

9. Vacant and Abandoned Properties. Exterior light fixtures shall be maintained in good working order, free of broken lamps, lenses, and light bulbs. Outdoor lighting in working order shall not be directed skyward with exception to typical landscape lighting meant to accent architectural features of structures, trees, and shrubs. Outdoor lighting for vacant and abandoned properties shall also otherwise comply with the requirements of CMC 18.120.070 (performance standards applicable in all lighting zones) and 18.120.080 (residentially zoned property), or CMC 18.120.070 (performance standards applicable in all lighting zones) and 18.120.090 (commercially/industrially zoned property). [Ord. 294 § 15, 2009.]

18.120.120 Parks, trails, and wildlife corridor lighting specifications.

A. Generally. The following specifications shall apply to all public and private sidewalks, pedestrian trails, bicycle paths, and equestrian trails (collectively "trails"), public parks, and wildlife corridors.

B. State Regulations. All outdoor lighting fixtures shall be installed and operated in conformance with Title 24 of the California Code of Regulations, Part 6 (and any successor regulations), and the Uniform Building and Electrical Codes. In the event of any conflicts between this chapter and any state statute or regulation, the more stringent regulation shall apply.

C. Trails. Overhead lighting shall be placed on poles not more than 16 feet in height, illuminating only the trail itself plus an additional area of not more than 5 feet in width on either side of the trail.

D. Parks. Overhead lighting in parks shall be placed on poles not more than 16 feet in height, illuminating only the park itself. As part of the review process, a lighting curfew shall be established that addresses impacts to adjacent or nearby residential uses.

E. Wildlife Corridors. Wildlife corridors, as designated by the City of Calimesa General Plan, Western Riverside County Multiple Species Habitat Conservation Plan, a tentative tract or parcel map, or any other mechanism recognized by the City of Calimesa, shall not be lighted. [Ord. 294 § 15, 2009.]

Page 18.120-9


18.120.130 Calimesa Boulevard Corridor lighting specifications.

The specifications shown on Exhibit "A" to the ordinance codified in this chapter shall apply to all street lighting located within the designated area known as the Calimesa Boulevard Corridor. [Ord. 294 § 15, 2009.]

18.120.140 Administration and enforcement.

A. Generally. The Community Development Director, Planning Commission, or City Council shall administer and enforce the provisions of this chapter depending on the type of land use entitlement application.

B. Appeal. Appeals from any decision of the Community Development Director or Planning Commission shall be filed and processed in accordance with CMC 18.15.080.

C. Extension of Time to Correct Light Trespass.

1. In the event the Community Development Director determines that a nonconforming lighting fixture results in light trespass, the responsible party shall shield, filter, redirect, or replace the light with a less intense light source, or remove the light to eliminate the light trespass. Corrective action shall be taken within 10 days after the Community Development Director's determination.

2. Upon written application by the responsible party, the Community Development Director may grant additional time (not to exceed 90 days) to remedy the light trespass for hardship because the responsible party will incur significant difficulty in physically accessing the fixture, or the responsible party will incur significant financial difficulty in correcting the light trespass.

3. In seeking additional time, the responsible party shall provide written justification, signed by the property owner and occupant, that includes (a) the circumstances and conditions relied upon to justify the request for an extension of time; (b) the circumstances and conditions by which strict application of this chapter would result in hardship; and (c) that granting an extension of time will have only a de minimis effect on nearby properties.

4. Appeals from the decision of the Community Development Director on a time extension application shall be filed in accordance with CMC 18.15.080. [Ord. 294 § 15, 2009.]


Any violation of any provision of this chapter shall be subject to administrative proceedings, and/or criminal or civil prosecution, in accordance with Chapters 1.20 and 1.30, as determined to be appropriate in the discretion of the City Attorney. All remedies stated therein shall be cumulative and nonexclusive. [Ord. 294 § 15, 2009.]

Page 18.120-10


Chapter 18.125 RESIDENTIAL DENSITY BONUS PROVISIONS

Sections:



18.125.030 Implementation.

18.125.040 Types of incentives allowed.

18.125.050 Requirements for density bonus projects.


18.125.070 Processing of density bonus requests.

18.125.080 Density bonus housing agreement.

18.125.090 Changes in state density bonus laws.


The purpose of this chapter is to provide incentives for the production of housing for very low-income, low-income, moderate-income, and senior households in accordance with California Government Code Sections 65915 through 65918, as amended from time to time (“State Density Bonus Law”). In enacting this chapter, it is the City’s intent to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the City's General Plan Housing Element. [Ord. 305 § 3, 2010.]


Whenever the following terms are used in this chapter, they shall have the meanings established by this section.

A. Affordable rent. Monthly housing expenses, including a reasonable allowance for utilities, for rental target units reserved for very low-, low-, or moderate-income households, not exceeding the following calculations:

1. Very Low Income. Unless otherwise provided by law, the product of 30 percent times 50 percent of the area median income adjusted for family size appropriate for the unit, divided by 12.

2. Low Income. Unless otherwise provided by law, the product of 30 percent times 60 percent of the area median income adjusted for family size appropriate for the unit, divided by 12.

Page 18.125-1


3. Moderate Income. Unless otherwise provided by law, the product of 30 percent times 110 percent of the area median income adjusted for family size appropriate for the unit, divided by 12.

B. Affordable sales price. A sales price at which very low-, low-, or moderate-income households can qualify for the purchase of target units, calculated in accordance with California Health and Safety Code Section 50052.5 and the regulations adopted by the California Department of Housing and Community Development pursuant to that section.

C. Child care facility. A child care facility other than a family day care, including but not limited to infant centers, preschools, extended day care facilities, and school-age child care centers.

D. Concession. Has the same meaning as the term "incentive" defined herein.

E. Density bonus. A density increase of up to those percentages specified in this chapter above the otherwise allowable maximum residential density.

F. Density bonus housing agreement. A legally binding agreement between a developer of a housing development and the City, which ensures that the requirements of this chapter and the State Density Bonus Law are satisfied. The agreement shall establish, among other things, the number of target units, their size, location, terms and conditions of affordability, and production schedule.

G. Density bonus units. Those residential units granted pursuant to the provisions of this chapter that exceed the maximum residential density for the development site.

H. Housing cost. The sum of actual or projected monthly payments for all of the following associated with for-sale target units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowners association fees, and a reasonable allowance for utilities.

I. Housing development. A construction project consisting of five or more residential units or lots, including single-family and multifamily, and otherwise defined in accordance with Government Code Section 65915(i).

J. Incentive. A regulatory incentive or concession as defined in Government Code Section 65915(k) that may include but not be limited to the reduction of site development standards or a modification of zoning code requirements, approval of mixed-use zoning in conjunction with the housing development, or any other regulatory incentive which would result in identifiable cost avoidance or reductions, that are offered in addition to a density bonus.

K. Low-income household or lower income household. A household whose income does not exceed the lower income limits applicable to Riverside County, as published and periodically updated by the California Department of Housing and Community Development pursuant to Health and Safety Code Section 50079.5.

L. Maximum residential density. The maximum number of residential units permitted by the City's General Plan Land Use Element and development code, applicable to the subject property at the time an application for the construction of a housing development is deemed complete by the City, excluding the additional density bonus units permitted by this chapter. If a range of density is permitted by either the Land Use Element or the development code, maximum residential density shall mean the maximum allowable density within the range of density. If the Land Use Element and the development code conflict, the density set forth in the Land Use Element shall govern.

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M. Moderate-income household. A household whose income does not exceed the moderate-income limits applicable to Riverside County, as published and periodically updated by the California Department of Housing and Community Development pursuant to Health and Safety Code Section 50093.

N. Nonrestricted units. All units within a housing development excluding the target units.

O. Senior citizen housing or senior housing development. A senior citizen housing development, as defined in Sections 51.3 and 51.12 of the Civil Code, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code.

P. Target unit. A dwelling unit within a housing development which will be reserved for sale or rent to, and affordable to, very low-, low-, or moderate-income households.

Q. Total units or total dwelling units. The total number of units in a housing development, not including units added by a density bonus awarded pursuant to this chapter.

R. Very low-income household. A household whose income does not exceed the very low-income limits applicable to Riverside County, as published and periodically updated by the California Department of Housing and Community Development pursuant to Health and Safety Code Section 50105. [Ord. 305 § 3, 2010.]

18.125.030 Implementation.

A. Applicability.

1. This chapter shall apply to all zoning districts within the City that allow residential use.

2. The bonus granted pursuant to this chapter shall apply only to residential projects or residential components of mixed-use projects, not including units granted as a density bonus.

3. The proposed project shall have all of the following characteristics in order to qualify for a density bonus:

a) The residential development must include a minimum of five dwelling units.

b) The applicant seeks and agrees to provide housing units to very-low, lower or moderate income households or senior citizens at rates consistent with those specified in subsections (B) and (C) of this section and the State Density Bonus Law.

c) The resulting density is beyond that permitted by the applicable zoning district.

d) The applicant agrees to retain the affordable status of housing units in accordance with this chapter.

4. An applicant shall be ineligible for a density bonus and any incentives or concessions under this Chapter if ineligible or disqualified under any provision of state law, including but not limited to, Government Code Section 65195(c)(3) or as amended from time to time.

B. Target Units. The City shall grant a density bonus and incentives, pursuant to subsections B, C and D of this section, to an applicant who agrees to provide the following target units and who meets the other requirements of this chapter:

1. Lower-Income Units. Designate at least 10 percent of the total units of a housing development, or such other percentage provided by law, as target units affordable to low-income households;

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2. Very Low-Income Units. Designate at least 5 percent of the total units of a housing development, or such other percentage provided by law, as target units affordable to very low-income households;

3. Moderate-Income Units for Common Interest Developments. Designate at least 10 percent of the total units of a common interest development (including a condominium project), as defined in Civil Code Section 1351(f), planned development, as defined in Civil Code Section 1351(k), or other common interest development as defined in the State Density Bonus Law, or such other percentage provided by law, as target units affordable to moderate-income households; or

4. Any senior housing development.

C. Density Bonus. In determining the number of density bonus units to be granted pursuant to this section, the maximum allowable residential density for the site shall be computed in accordance with the following provisions. The amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in subsection B:

1. Low-Income Household. The maximum allowable residential density for the site shall be increased by 20 percent; provided, however, that for each 1 percent increase above 10 percent in the percentage of units made affordable to low-income households, the density bonus shall be increased by 1.5 percent up to a maximum of 35 percent.

2. Very Low-Income Household. The maximum allowable residential density for the site shall be increased by 20 percent; provided, however, that for each 1 percent increase above 5 percent in the percentage of units made affordable to very low-income households, the density bonus shall be increased by 2.5 percent up to a maximum of 35 percent.

3. Moderate-Income Common Interest Development. The maximum allowable residential density for the site shall be increased by 5 percent; provided, however, that for each 1 percent increase above 10 percent of the percentage of units made affordable to moderate-income households, the density bonus shall be increased by 1 percent up to a maximum of 35 percent.

4. Senior Housing Development. The maximum allowable residential density for the site shall be increased by 20 percent.

5. Certain Donations of Land. When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the City that satisfies the requirements of Government Code Section 65915(g) and complies with all procedural requirements of that subsection, including recordation of a deed restriction, the maximum allowable residential density for the site shall be increased by 15 percent based on the percentage of very low income units; provided, however, that for each 1 percent increase above the minimum percentage of land required to be donated pursuant to Government Code Section 65915(g), the density bonus shall be increased by 1 percent up to a maximum of 35 percent. This increase shall be in addition to any increase required by subsections B.1 through B.4 of this section, up to a maximum combined density increase of 35 percent, if an applicant seeks both the increase required by this subsection C.5 and by subsections C.1 through C.4 of this section.

D. Number of Incentives. In addition to the density bonus described in this chapter, the applicant shall receive the following number of incentives or concessions:

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1. One incentive shall be provided to a developer who agrees to construct at least 10 percent of the total units for low-income households, 5 percent of the total units for very low-income households, or 10 percent of units in a condominium for moderate-income households.

2. Two incentives shall be provided to a developer who agrees to construct at least 20 percent of the total units for low-income households, 10 percent of the total units for very low-income households, or 20 percent of units in a condominium for moderate-income households.

3. Three incentives shall be provided to a developer who agrees to construct at least 30 percent of the total units for low-income households, 15 percent of the total units for very low-income households, or 30 percent of units in a condominium for moderate-income households. In cases where a density increase of more than the amount specified in subsection B of this section is requested, the density increase, if granted, shall be considered an additional incentive.

4. In cases where the developer agrees to construct a housing development that qualifies for a density bonus pursuant to subsection A of this section, and that includes a child care facility as defined in Government Code Section 65915(h)(4), the developer shall be entitled to either an additional density bonus that is an amount of square feet of residential space equal to or greater than the amount of square feet in the childcare facility, or an additional incentive described in Section 18.125.040, Types of Incentives Allowed, that contributes significantly to the economic feasibility of the construction of the childcare facility. Any such child care facility shall comply with the following:

a) The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable.

b) Of the children who attend the child care facility, the children of very low-income households, low-income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low-income households, lower-income households, or families of moderate income, pursuant to this chapter.

c) Notwithstanding the foregoing, the City shall not be required to provide a density bonus or incentive for a child care facility when it is found, based on substantial evidence, that the community has adequate child care facilities. [Ord. 305 § 3, 2010.]

E. General Provisions. The following general requirements apply to the application and determination of all density bonuses and incentives.

1. Rounding. All density calculations resulting in fractional units shall be rounded up to the next whole number. When calculating the required number of target units, any resulting fraction of units shall be deleted.

2. Relation to General Plan, Zoning. The granting of a density bonus, or a concession or incentive, shall not be interpreted, in and of itself, to require a General Plan amendment, zoning change (rezone), or other discretionary approval.

3. Density Bonus Excluded in Calculation. The units permitted by the density bonus awarded under this chapter shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus.

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4. Multiple Zoning Districts. If the site of a development proposal is located in two or more zone districts, the number of dwelling units permitted in the development is the sum of the dwelling units permitted in each of the zone districts based on the site acreage within each zone district. The permitted number of dwelling units may be distributed within the development without regard to the zone boundaries.

5. City Authority. Nothing in this chapter shall be construed to enlarge or diminish the authority of the City to require a developer to donate land as a condition of development.

F. Waivers or Modifications. In addition to any density bonus or incentives provided, an applicant may seek a waiver or modification of development standards that would physically preclude the construction of a housing development at the densities or with the incentives permitted by this chapter. The applicant may request a meeting with City staff to discuss the applicant's proposal for reduced development standards. The City may deny a request for waiver or modification only if the written findings in Subsection 18. 125.070.D have been made. Except as provided in this section, the granting of a density bonus shall not be interpreted to require the waiver of any ordinances or provisions of any ordinance of the city unrelated to development standards.

18.125.040 Types of incentives allowed.

A. Incentives. If requested by the applicant, a qualifying project shall be entitled to the following incentives, the number of which shall be determined pursuant to Subsection 18.125.030.D, unless the City makes the written findings required by Government Code Section 65915(d)(1):

1. Types of Incentives. Incentives may include but are not limited to any of the following:

a) A reduction in site development standards or a modification of the requirements of this Zoning Code which exceed the minimum building standards provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code that results in identifiable, financially sufficient, and actual cost reductions. These may include, but are not limited to, one or more of the following:

i. Reduced minimum lot sizes and/or dimensions, as originally specified in Section 18.20.040, Table 18.20.040;

ii. Reduced minimum setbacks, as originally specified in Section 18.20.040, Table 18.20.040;

iii. Reduced minimum outdoor and/or private outdoor open space, as originally required by Subsection 18.20.050.I;

iv. Increased maximum lot coverage, as originally required by Section 18.20.040, Table 18.20.040;

v. Increased maximum building height, as originally required by Section 18.20.040, Table 18.20.040;

vi. Reduced on-site parking standards, as originally required by Section 18.45.060, and consistent with Government Code Section 65915(p)(1);

vii. Other site or construction conditions applicable to a residential development;

viii. Reduction in storage requirements as specified in Subsection 18.20.050.I.5;

ix. Reduction in the amount of amenities that may be required per Subsection 18.20.050.I.

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b) Mixed-use zoning to allow the housing development to include nonresidential uses and/or allow the housing development in a nonresidential zone. Approval of mixed-use activities in conjunction with the housing development if other land uses will reduce the cost of the housing development, and the other land uses are compatible with the housing development and the existing or planned development in the area, and are consistent with the General Plan.

c) Another regulatory incentive or concession proposed by the applicant and agreed to by the City that results in identifiable, financially sufficient, and actual cost reductions. Permissible incentives include but are not limited to direct financial aid (e.g., Community Development Block Grant (CDBG) funding) in the form of a loan or a grant to subsidize or provide low interest financing for on- or off-site improvements, land, or construction costs.

d) A density bonus of no more than 35 percent.

e) A reduction or deferment of plan check, construction permit, and/or development impact fees (TUMPF and MSHC, where applicable, are not eligible, but may have their own reductions or deferrals).

2. Requirements.

a) Economic Feasibility. Any development incentive granted shall contribute to the economic feasibility of providing the target units.

18.125.050 Requirements for density bonus projects.

A. The entry into and execution of the density bonus housing agreement shall be a condition of a discretionary planning permit (e.g., tract maps, parcel maps, site plans, planned development, or conditional use permits) or a ministerial building permit for a housing development proposed pursuant to this chapter. The agreement shall be recorded at the applicant's cost as a restriction running with the land on the parcel or parcels on which the target units will be constructed.

B. All very low and low income rental units that qualified the applicant for the award of the density bonus shall remain restricted and be offered at affordable rents to the designated group for a period of 55 years from issuance of the certificate of occupancy (or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program), or otherwise as provided by law.

C. The initial occupant of all for-sale units that qualified the applicant for the award of the density bonus shall be persons and families of very low, low, or moderate income, as required, and the units shall be offered at an affordable housing cost, as defined in Health & Safety Code Section 50052.5, or as amended from time to time. The subsequent occupants of such units shall meet the requirements of the density bonus housing agreement as described in Section 18.125.080.

D. In determining the maximum affordable rent or affordable sales price of target units, the following household and unit size assumptions shall be used, unless the housing development is subject to different assumptions imposed by other governmental regulations:

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SRO (residential hotel single-room occupancy) unit 1 person

Studio 1 person

1 bedroom 2 persons

2 bedroom 3 persons

3 bedroom 4 persons

4 bedroom 6 persons

E. An applicant shall agree that the initial occupants of the moderate-income units in the condominium project are persons and families of moderate income, as defined in Health and Safety Code Section 50093.

F. The applicant and the City shall enter into an equity sharing agreement, unless it is in conflict with the requirements of another public funding source or law. The equity sharing agreement shall provide that the seller and the City shall share in the equity as follows:

1. Upon resale of a very low, low or moderate income unit, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation.

2. The City shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within five years for any of the purposes described in Health and Safety Code Section 33334.2(e) that promote homeownership.

3. For purposes of this subsection, the City's proportionate share of appreciation shall be equal to the ratio of the City's initial subsidy to the fair market value of the home at the time of initial sale.

4. For purposes of this subsection, the City's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, the value at the time of resale shall be used as the initial market value.

G. All for-sale target units shall be occupied by their purchasers; no renting or subleasing shall be permitted.

H. The owner of a rental development shall submit, annually and within 30 days of occupancy of a target rental unit, a certificate of compliance, which shall include the name, address, and income of each tenant occupying the target unit.

I. The owner of a rental development shall maintain and keep on file annual sworn and notarized income statements and current tax returns for all tenants occupying the target rental units.

J. The owner of a rental development shall provide to the City any additional information required by the City to ensure the long-term affordability of the target units by eligible households.

K. The City shall have the right to inspect the owner's project-related records at any reasonable time and shall be entitled to audit the owner's records once a year.

L. The City may establish fees associated with the setting up and monitoring of target units. [Ord. 305 § 3, 2010.]

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A. Target units shall be constructed concurrently with nonrestricted units unless both the City and the applicant agree within the density bonus housing agreement to an alternative schedule for development.

B. Target units shall be built on-site wherever possible and, when practical, be dispersed within the housing development. Where feasible, the number of bedrooms of the target units shall be equivalent to the bedroom mix of the nonrestricted units of the housing development, except that the developer may include a higher proportion of target units with more bedrooms. The design and appearance of the target units shall be compatible with the design of the total housing development. All housing developments shall comply with all applicable development standards, except those standards that may be modified as provided by this chapter. Deviations from these provisions may only be permitted as part of an approved density bonus housing agreement.

C. Circumstances may arise in which the public interest would be served by allowing some or all of the target units associated with one housing development to be produced and operated at an alternative development site. Where the applicant and the City form an agreement, the resulting linked developments shall be considered a single housing development for purposes of this chapter. Under these circumstances, the applicant shall be subject to the same requirements of this chapter for the target units to be provided on the alternative site.

18.125.070 Processing of density bonus requests.

An application for a density bonus pursuant to this chapter shall be processed concurrent with the application for a housing development. An application for a housing development shall not be determined "complete" for purposes of Government Code Section 65920 et seq. unless and until the City Council has given preliminary approval of the form and content of a density bonus housing agreement which complies with the provisions of this chapter. The process for obtaining preliminary approval of the density bonus shall be as follows:

A. Filing. An applicant proposing a housing development pursuant to this chapter shall submit an application for a density bonus as part of the submittal of any formal request for approval of a housing development. The application, whether a preapplication or a formal application, shall be filed in a manner consistent with the requirements contained in Section 18.15.020, Application.

B. Review of Density Bonus Request.

1. Except as otherwise provided with regard to a preliminary proposal for a condominium conversion project under state law, within 30 days after receipt of a complete application for a density bonus and a housing development, the City shall provide to an applicant a letter which identifies project issues of concern and the procedures for compliance with this chapter.

2. If additional incentives are requested, the Planning Director shall inform the applicant that the requested additional incentives shall or shall not be recommended for consideration with the proposed housing development, or that alternative or modified incentives shall be recommended for consideration in lieu of the requested incentives. If the Planning Director recommends alternative or modified incentives, the recommendation shall establish how the alternative or modified incentives can be expected to have an equivalent affordability effect as the requested incentives.

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C. Approval.

1. The City shall approve a density bonus and requested incentives in conjunction with a discretionary planning permit or ministerial building permit for a housing development, if the application complies with the provisions of this chapter. The execution and recordation of the density bonus housing agreement shall be a condition of approval of the discretionary planning permit or ministerial building permit. [Ord. 305 § 3, 2010.]

D. Denial.

1. The City may deny the requested concession or incentives if it makes a written finding of any of the following, based on substantial evidence:

a) The concession or incentive is not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specific in subdivision (c) of Government Code Section 65915.

b) The concession of incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.

c) The concession or incentive would be contrary to state or federal law.

d) The applicant’s project is deemed ineligible for an incentive or concession by operation of Section 18.125.030, 18.125.060 or 18.125.070 of this chapter or any provision of state law.

18.125.080 Density bonus housing agreement.

A. The terms of the draft density bonus housing agreement (the "agreement") shall be reviewed and revised as appropriate by the Planning Director and the City Attorney, who shall formulate a recommendation to the Planning Commission for review and the City Council for final approval.

B. Following execution of the agreement by the applicant and the City, the completed agreement, or memorandum thereof, shall be recorded. The conditions contained in the agreement shall be filed and recorded on the parcel or parcels designated for the construction of target units as a condition of final map approval, or, where a map is not being processed, prior to issuance of building permits for such parcels or units. The agreement shall be binding upon all future owners and successors in interest for this property, which is the subject of the housing development application.

C. At a minimum, the agreement shall include the following:

1. The total number of units proposed within the housing development, including the number of target units.

2. A description of the household income group (very low, low or moderate income) to be accommodated by the housing development, and the standards for determining the corresponding affordable rent or affordable sales price and housing cost.

3. The location, unit sizes (square feet), and number of bedrooms of target units.

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4. Provisions to ensure the continued affordability of all very low and low income rental units that qualified the applicant for the award of the density bonus including but not limited to tenure of use restrictions for target units of at least 55 years from issuance of the certificate of occupancy (or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program), or otherwise as provided by law.

5. A schedule for completion and occupancy of target units.

6. A description of any additional incentive being provided by the City.

7. All equity sharing provisions to implement the requirements of CMC 18.125.050.

8. A description of remedies for breach of the agreement by either party (the City may identify tenants or qualified purchasers as third-party beneficiaries under the agreement).

9. Other provisions to ensure implementation and compliance with this chapter.

D. In the case of for-sale housing developments, the agreement shall provide for the following conditions governing the initial sale and use of target units during the applicable use restriction period:

1. Target units shall, upon initial sale, be sold to and occupied by eligible very low-, low-, or, in the case of a condominium or other common interest development, moderate-income households at an affordable sales price and housing cost, or to qualified senior citizen residents (i.e., maintained as senior citizen housing). This includes the requirement that the initial occupants of all for-sale units that qualified the applicant for the award of the density bonus shall be persons and families of very low, low, or moderate income, as required, and that the units are awarded at an affordable housing cost, as defined in Health & Safety Code Section 50052.5.

2. The initial purchaser of each target unit shall execute a lien, an instrument, or an agreement, approved by the City Attorney, restricting the sale of the target unit in accordance with this chapter during the applicable use restriction period. Such lien, instrument, or agreement shall be recorded against the parcel containing the target unit and shall contain provisions as the City may require to ensure continued compliance with this chapter and the state density bonus law.

E. In the case of rental housing developments, the agreement shall provide for the following conditions governing the use of target units during the use restriction period:

1. Provisions to ensure the continued affordability of all very low and low income rental units that qualified the applicant for the award of the density bonus, including the requirement that rents for the lower income density bonus units shall be set at an affordable rent as defined in Health & Safety Code Section 50053.

2. The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and the proper management and maintenance of target units for qualified tenants.

3. Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this chapter.

4. Provisions requiring owners to submit an annual report to the City, which includes the name, address, and income of each person occupying target units, and which identifies the bedroom size and monthly rent or cost of each target unit. [Ord. 305 § 3, 2010.]

Page 18.125-11


18.125.090 Changes in state density bonus laws.

It is the intent of the City Council that the provisions of this chapter shall be interpreted so as to fulfill the requirements of Government Code Section 65915 et seq., including any changes in the State Density Bonus Law or any other provisions of state laws that revise percentages, numerical thresholds, and/or other standards applicable to the granting of density bonuses or related incentives that may occur after the effective date of the ordinance codified in this chapter. Accordingly, it is the further intent of the City Council that any such changed percentages, numerical thresholds, or other standards shall be deemed to supersede and govern any conflicting percentages, numerical thresholds, or other standards contained in this chapter, to the maximum extent permitted by law. [Ord. 305 § 3, 2010.]

Page 18.125-12


Chapter 18.130 INCLUSIONARY HOUSING

Sections:

18.130.010 Purpose.


18.130.030 Inclusionary requirements.


18.130.050 Affordable housing standards.

18.130.060 Inclusionary housing plan.

18.130.070 Alternative means of compliance.

18.130.080 Inclusionary housing affordability covenant.

18.130.090 Eligibility for inclusionary units — Owner occupancy required.

18.130.100 Affordable sales price and long-term affordability restriction.

18.130.110 Adjustments and waivers.

18.130.120 General prohibitions and enforcement.

18.130.010 Purpose.

The purpose of this chapter, which shall be known as the Calimesa inclusionary housing ordinance, is as follows:

A. Encourage the development and availability of housing affordable within the city to a broad range of households with varying income levels.

B. Promote the City's goal of adding affordable housing units to the city's housing stock.

C. Increase the availability of housing opportunities for low- and moderate-income households within the city limits in order to protect the economic diversity of the city's housing stock, and to ultimately reduce traffic, commuting, and related air quality impacts within the region, and to encourage the quality of life unique to Calimesa.

D. Implement policies of the Housing Element of the General Plan, including:

1. Adopting an inclusionary housing program to meet the housing needs of those not currently served by other housing programs.

2. Encouraging the development of housing for first-time homebuyers, including low-income households.

E. Mitigate the fact that new housing developments increase the local demand for services and thereby expand the need for new low-wage jobs, increasing the demand for low-income housing in the city. [Ord. 304 § 2, 2011.]

Page 18.130-1



The terms used in this chapter shall have the meanings set forth below.

Affordable sales price. The maximum sales price to be paid by a low-income household for an inclusionary unit, to be determined as follows:

A. First, multiply 35 percent by 80 percent of the area median income, adjusted for household size, to determine the annual housing allowance.

B. Second, subtract annual housing expenses, including property taxes, homeowners association dues, utilities, insurance, and home maintenance costs, from the annual housing allowance determined in subsection A of this definition.

C. Third, given the annual income available for mortgage payments determined in subsection B of this definition, determine the mortgage available to the household at the prevailing interest rate for a Fannie Mae 30-year mortgage.

D. Fourth, determine the amount of a required 20 percent down payment by dividing the total available mortgage determined in subsection C of this definition by 0.8.

E. Fifth, add the amounts from subsections C and D of this definition to determine the affordable sales price to be paid for an inclusionary unit.

Applicant. Any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities that seeks City approvals for all or part of a residential development.

Area median income. The median household income, provided in Section 50093(c) of the California Health and Safety Code, as amended, that is applicable to Riverside County and adjusted for family size as published and annually updated by the United States Department of Housing and Urban Development.

Household. One person living alone or two or more persons sharing a residency whose income is considered for housing payments.

Inclusionary housing plan. The applicant's proposal for compliance with this chapter for a particular residential development.

Inclusionary unit. A dwelling unit that will be offered for sale to low-income households, at an affordable sales price, in compliance with this chapter.

Low-income household. A household whose income does not exceed 80 percent of area median income.

Market-rate unit. A dwelling unit in a residential development that is not an inclusionary unit.

Residential development. Any of the following: (A) a subdivision resulting in the creation of 20 or more residential lots or residential units; (B) the new construction of a project consisting of 20 or more for-sale dwelling units, whether in a multifamily development or a development of single-family homes; or (C) the conversion of 20 or more rental units to condominium ownership.

Unit size. All of the usable floor area within the perimeter walls of a dwelling unit, exclusive of open porches, decks, balconies, garages, basements, cellars that extend no more than 2 feet above finished grade, and attics that do not exceed a floor-to-ceiling height of 5 feet. [Ord. 304 § 2, 2011.]

Page 18.130-2


18.130.030 Inclusionary requirements.

A. General Requirement. For all residential developments, as defined in Section 18.130.020, at least 5 percent of the total lots or units created must be offered for sale as inclusionary units restricted for owner occupancy by low-income households.

B. Rounding. In determining the number of inclusionary units required by this section, any decimal fraction less than 0.5 shall be rounded down to the nearest whole number, and any decimal fraction of 0.5 or more shall be rounded up to the nearest whole number.

C. Affordable Sales Price. Inclusionary units must be sold at a price affordable to low-income households, calculated according to the definition in Section 18.130.020, or as otherwise described in a City affordable housing policy effective on the date of the Planning Commission's approval of the inclusionary housing plan. [Ord. 304 § 2, 2011.]


The requirements of this chapter shall not apply to the following types of development projects:

A. Residential dwelling units that are offered for lease rather than for sale.

B. The reconstruction of any residential units or structures which have been destroyed by fire, flood, earthquake, or other act of nature, which are being reconstructed in a manner consistent with the requirements of Calimesa Municipal Code Title 15.

C. Residential developments that comply with the density bonus ordinance pursuant to Chapter 18.125.

D. Applications deemed complete prior to the effective date of the ordinance codified in this chapter.

E. A residential project that is the subject of a development agreement or regulatory agreement that expressly provides for exemption from this chapter or provides for a different inclusionary requirement from that specified by this chapter. [Ord. 304 § 2, 2011.]

18.130.050 Affordable housing standards.

Inclusionary units must conform to the following standards:

A. Design. Inclusionary units must be comparable in construction quality and exterior design to the market-rate units. Inclusionary units may have different interior finishes and features than market-rate units so long as the interior features are durable, of good quality, and consistent with contemporary standards for new housing.

B. Size. The average number of bedrooms in the inclusionary units must equal or exceed the average number of bedrooms in the market-rate units. Inclusionary units shall have the number of bathrooms equal to that of a market-rate unit of the same number of bedrooms. The average unit size of each inclusionary unit shall equal or exceed the average unit size of the market-rate units.

C. Timing. Inclusionary units shall be provided concurrently with or prior to the related market-rate units. In phased developments, inclusionary units shall be provided in proportion to the number of units in each phase of the residential development.

D. Duration of Affordability Requirement. As stated in the inclusionary housing affordability covenant, inclusionary units shall be restricted for a minimum of 55 years to ownership by low-income households.

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E. Location. Except as otherwise provided in this chapter, inclusionary units shall be constructed on-site and shall be reasonably dispersed throughout the residential development.

F. Access to Amenities. Households occupying inclusionary units shall have the same access to the amenities and recreational facilities in the residential development as households occupying the market-rate units. [Ord. 304 § 2, 2011.]

18.130.060 Inclusionary housing plan.

A. Every residential development to which this chapter applies shall include an inclusionary housing plan as part of the initial application for the development plan, tentative map, or other discretionary approval to which this chapter applies.

B. No application for a development plan, tentative map, or discretionary approval for a residential development to which this chapter applies may be deemed complete until the accompanying inclusionary housing plan, containing the requirements of this section, is received and deemed complete by the Community Development Director.

C. At any time during the review process, the Community Development Director may require from the applicant additional information reasonably necessary to clarify and supplement the inclusionary housing plan, or to determine the consistency of the project's proposed inclusionary housing plan with the requirements of this chapter.

D. An inclusionary housing plan must include the following:

1. The number, location, structure (attached, semi-attached, or detached), and size of the proposed market-rate and inclusionary units and the basis for calculating the number of inclusionary units.

2. A floor or site plan depicting the location of the inclusionary units and the market-rate units.

3. The income levels to which each inclusionary unit will be made affordable.

4. The methods to be used to advertise the availability of the inclusionary units and select the eligible purchasers.

5. For any phased development, a phasing plan that provides for the timely development of the number of inclusionary units proportionate to each proposed phase of development.

6. Any alternative means designated in Section 18.130.070, Alternative means of compliance, proposed for the development along with information necessary to support the findings required by Section 18.130.070 for approval of such alternatives.

7. Any other information reasonably requested by the Community Development Director to assist with evaluation of the plan under the standards of this chapter. [Ord. 304 § 2, 2011.]

18.130.070 Alternative means of compliance.

An applicant may submit an inclusionary housing plan that proposes one of the alternative methods of compliance described in this section. The City may approve, conditionally approve, or deny such a proposal in accordance with the findings described herein.

A. Off-Site Construction. The required inclusionary units may be constructed off-site if the Planning Commission (or the City Council on appeal) finds as follows:

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1. The unit size and number of bedrooms of the proposed off-site inclusionary units would be greater than that of the inclusionary units if they were built on-site.

2. The off-site inclusionary units would allow for significantly reduced sales prices.

3. The off-site inclusionary units would be provided prior to the completion of the market-rate units.

4. The proposed location of the off-site inclusionary units would be accessible to public transit, commercial areas, or public services.

B. Dedication of Land. In lieu of building inclusionary units on-site or off-site, an applicant may dedicate land to the City (or a City-designated nonprofit housing developer) if the Planning Commission (or the City Council on appeal) finds as follows:

1. The land to be dedicated is appropriately zoned and otherwise suitable for construction of the number and type of inclusionary units that would be required to be built on-site; and

2. The value of the land to be dedicated is roughly equivalent to the value of the land and amount it would cost the applicant to construct the required number of inclusionary units on-site; and

3. The City, or the City-designated nonprofit housing developer, has adequate funding sources to construct the required inclusionary units on the dedicated land; or

4. The proposed location of the off-site inclusionary units would be accessible to public transit, commercial areas, or public services; or

5. In the alternative, in the event that subsections B.1, B.2, B.3, and B.4 of this section, or any one of those, is not satisfied, the dedication of land would accomplish specific housing goals set forth in the City's General Plan. [Ord. 304 § 2, 2011.]

18.130.080 Inclusionary housing affordability covenant.

A. Prior to issuance of a grading permit or building permit, whichever is requested first, an inclusionary housing affordability covenant must be approved and executed by the Community Development Director and the applicant/owners, and recorded against the title of each inclusionary unit.

B. If the residential development involves the subdivision of land or airspace into individual lots or units and a final map has not been approved and recorded at the time the applicant requests a grading permit or building permit, an interim inclusionary housing affordability covenant shall be recorded against the whole of the property to be subdivided, and shall be replaced by separate recorded inclusionary housing affordability covenants for each lot or unit prior to the sale of any lot, airspace, or condominium unit. [Ord. 304 § 2, 2011.]

18.130.090 Eligibility for inclusionary units – Owner occupancy required.

A. Eligibility for Inclusionary Units. No household may purchase or occupy an inclusionary unit unless the City has approved the household's eligibility as a low-income household, and the household and the City have executed and recorded an inclusionary housing affordability covenant in the chain of title of the inclusionary unit, as required by Section 18.130.080, Inclusionary housing affordability covenant.

B. Owner Occupancy. A household that purchases an inclusionary unit must occupy that unit as its principal residence, as that term is defined for federal tax purposes by the United States Internal Revenue Service. [Ord. 304 § 2, 2011.]

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18.130.100 Affordable sales price and long-term affordability restriction.

A. Initial Sales Price. The initial sales price of an inclusionary unit shall be set at the affordable sales price.

B. Transfers and Conveyances. A new inclusionary housing affordability covenant shall be executed upon each change of ownership of an inclusionary unit and upon any transfer or conveyance (whether voluntarily or by operation of law) of an inclusionary unit.

C. Resale Price. In order to maintain the availability of inclusionary units required by this chapter, the resale price of an inclusionary unit shall be limited to the lesser of the following:

1. The fair market value of the inclusionary unit, as established by a licensed real estate agent based on three comparable properties;

2. The affordable sales price based on the area median income at the time of resale; or

3. The sum of:

a) The selling party's initial purchase price;

b) Escrow costs, title insurance premiums paid, and other customary closing costs and fees;

c) The adjusted amount of any capital improvements for which a building permit has been issued by the City and a certification of occupancy or similar final certification has been filed, or other improvements which add assessed value to the inclusionary unit; and

d) Any applicable transaction fee charged by a real estate professional.

4. If the occupant has allowed the unit to deteriorate due to deferred maintenance, the restricted resale price shall be discounted in an amount equal to the costs necessary to bring the unit into conformity with the Calimesa Municipal Code.

D. Inheritance of Inclusionary Units. Upon the death of an owner of an owner-occupied inclusionary unit, title in the property may transfer to the surviving joint tenant without respect to the income-eligibility of the household. Upon the death of a sole owner or of all owners of an inclusionary unit and the inheritance of the property by one or more non-income-eligible persons, the property shall be sold to an income-eligible household within one year of the time when the deceased's estate is settled.

E. Forfeiture. If an inclusionary unit is sold for an amount in excess of the resale price controls required by subsection C of this section, the buyer and the seller shall be jointly and severally liable to the City for the entire purchase price of the unit. Recovered funds shall be used by the City to accomplish its affordable housing goals. Notwithstanding the foregoing, it shall be within the discretion of the City Manager to allow the buyer and seller 180 days to cure any violation of the resale price controls. [Ord. 304 § 2, 2011.]

18.130.110 Adjustments and waivers.

A. The requirements of this chapter may be adjusted or waived (in whole or in part) by the City if the applicant demonstrates to the Planning Commission (or the City Council on appeal) that applying the requirements of this chapter would constitute a taking of property without just compensation under the state or federal constitution.

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B. The applicant has the burden of providing economic information and other evidence necessary to establish that application of this chapter to the specific residential development would constitute a taking of the property of the proposed residential development without just compensation.

C. Application for Adjustment or Waiver. An application for an adjustment or waiver shall be accompanied by all of the following information:

1. The estimated fair market value of the property prior to the application for a development plan, tentative map, or discretionary approval for a residential development to which this chapter applies.

2. The estimated fair market value of the property after completion of the residential development, including the reservation of 5 percent of the total units for sale to low-income households.

3. The estimated fair market value of the property after completion of the residential development without the reservation of 5 percent of the total units for sale to low-income households.

4. The estimated cost of any alteration, demolition, and construction required to complete the residential development.

5. The amount paid for the property if purchased within the previous 36 months, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer.

6. Any listing of the property for sale, prices asked, and offers received within the two years prior to the application for a development plan, tentative map, or discretionary approval for a residential development to which this chapter applies.

D. Timing of Waiver Request. To receive an adjustment or waiver, the applicant shall make a request of the Planning Commission for such an adjustment or waiver and demonstrate the appropriateness of the adjustment or waiver when first applying to the Planning Commission for review and approval of the development plan, tentative tract map, or other discretionary approval triggering compliance with this chapter.

E. Assumptions. In making a determination on an application to adjust or waive the requirements of this chapter, the Planning Commission (or the City Council on appeal) may assume each of the following when applicable:

1. The applicant is subject to the inclusionary housing requirement.

2. The applicant is obligated to provide the inclusionary units in only the most economical manner feasible in terms of construction, design, and location.

F. Written Determination. Within 60 days of the public hearing on the adjustment or waiver request, the Planning Commission (or the City Council on appeal) shall deny the request unless it finds that:

1. Denial of the request would deny the applicant all economically viable use of the property; or

2. Denial of the request would substantially interfere with the applicant's distinct investment-backed expectations, which expectations may be formulated in part based on land acquisition costs, construction costs, financing costs, or other costs of development; or

3. Denial of the request would otherwise constitute a taking pursuant to the federal or state constitution.

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G. Modifications to Reduce Obligations. If it is determined that the application of the provisions of this chapter would constitute a taking, the inclusionary housing plan shall be modified to reduce the obligations of this chapter to the extent, and only to the extent, necessary to avoid a taking. If it is determined that no taking would occur, the requirements of this chapter shall apply.

H. Appeal to the City Council. Any action taken by the Planning Commission made pursuant to a request for an adjustment or waiver pursuant to this section may be appealed to the City Council in accordance with the appeal procedures of Section 18.15.080, Hearings and appeals. [Ord. 304 § 2, 2011.]

18.130.120 General prohibitions and enforcement.

A. No person shall sell an inclusionary unit at a price in excess of the maximum amount allowed by any restriction placed on the unit in accordance with this chapter.

B. No person shall sell an inclusionary unit to a person or persons that do not meet the income restrictions placed on the unit in accordance with this chapter.

C. No person shall provide false or materially incomplete information to the City or to a seller of an inclusionary unit to obtain occupancy of housing for which that person is not eligible.

D. Enforcement.

1. Any violation of this chapter constitutes a misdemeanor.

2. Forfeiture of Funds. Any individual who sells an inclusionary unit in violation of this chapter shall be required to forfeit all money so obtained. Recovered funds shall be relinquished to the City and used for the development of affordable housing in the city.

3. Legal Action. The City may institute any appropriate legal action or proceedings necessary to ensure compliance with this chapter, including actions:

a) To disapprove, revoke, or suspend any permit, including a building permit, certificate of occupancy, or discretionary approval; and

b) For injunctive relief or damages.

4. Recovery of Costs. In any action to enforce this chapter or an inclusionary housing affordability covenant recorded hereunder, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs. [Ord. 304 § 2, 2011.]

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Documents

CITY OF CALIMESA Zoning Code... · City of Calimesa Zoning Code Acknowledgements Calimesa City Council Jeff Hewitt, Mayor Joyce McIntire Ella Zanowic