Agenda — Calimesa City Council, October 2, 2023 (part 2 of 2)

WHEREAS, the RIPAOZ is intended to (i) provide opportunities for the development of affordable housing, (ii) promote efficiency in the utilization of existing infrastructure and services, (iii) facilitate integrated physical design, (iv) promote a high level of design quality, (v) facilitate development proposals responsive to current and future market conditions, and (vi) provide safe vehicular circulation patterns for residents and safety/service providers; and,
WHEREAS, GPA 22-01 and ZC 21-01, together, constitute the Residential Infill Priority Area Overlay Zone Project (the “RPIAOZ Project” or “Project”), and are considered a “project” pursuant to the terms of the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. and the State CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et seq. (collectively “CEQA”); and, WHEREAS, an Environmental Impact Report (SCH#2022030754) and Mitigation Monitoring and Reporting Program were prepared for the Project by the City of Calimesa (“City”), in accordance with CEQA to evaluate the development of the properties included in the RIPAOZ; and,
WHEREAS, on March 28, 2022, the City’s on-call CEQA consultant distributed copies of the Notice of Preparation (“NOP”) on the City’s behalf to 536 State Agencies, Responsible Agencies, Native American Tribes, local agencies, surrounding property owners, and other interested parties. The City’s on-call CEQA consultant submitted a PDF of the NOP, Notice of Completion, and SCH Summary Form to the California Office of Planning and Research State Clearing House for posting, and the NOP was also posted on the City’s website. The NOP was available for public review for 30 days between March 29, 2022 and April 27, 2022; and,
WHEREAS, in accordance with Section 21083.9(a)(2) of the Public Resources Code and CEQA Guidelines Section 15082(c), the City held a public scoping meeting on April 7, 2022, where agencies, organizations, and members of the public received a brief presentation on the Project and had an opportunity to provide comments on the scope of the information and analysis to be included in the EIR; and, WHEREAS, on March 28, 2023, the City’s on-call CEQA consultant distributed copies of the Notice of Availability of a Draft Environmental Impact Report (“NOA ”) on the City’s behalf to 570 State Agencies, Responsible Agencies, Native American Tribes, local agencies, surrounding property owners, and other interested parties. The City’s oncall CEQA consultant submitted a PDF of the NOA, Notice of Completion, and SCH Summary Form to the California Office of Planning and Research State Clearing House for posting, and the NOA was also posted on the City’s website. The NOA was available for public review for 45 days between March 31, 2023 and May 15, 2023; and, WHEREAS, on August 18, 2023, the City gave public notice as required under Chapter 18.15.080 (Hearings and Appeals) of the City of Calimesa Municipal Code by advertising in the Yucaipa Calimesa News Mirror newspaper of the holding of a public hearing at a special meeting of the Planning Commission at which Environmental Assessment 22-05, General Plan Amendment 22-01, and Zone Change 21-01 were considered for a recommended action for the City Council; and,

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WHEREAS, on August 28, 2023, during a duly noticed public hearing at a special meeting, the Planning Commission adopted Resolution 2023-09 recommending to the City Council the approval of Environmental Assessment 22-05, General Plan Amendment 22-01, and Zone Change 21-01, approving the RIPAOZ, and, WHEREAS, on September 8, 2023, the City gave public notice as required under Chapter 18.15.080 (Hearings and Appeals) of the City of Calimesa Municipal Code by advertising in the Yucaipa Calimesa News Mirror newspaper of the holding of a public hearing at a regular meeting of the City Council at which Environmental Assessment 22- 05, General Plan Amendment 22-01, and Zone Change 21-01 would be considered by the City Council; and,
WHEREAS, on September 18, 2023, the City Council held the duly noticed public hearing at which time interested persons had an opportunity to testify in support of, or opposition to, the proposed ordinance, and at which time the City Council continued the hearing for EA 22-05, GPA 22-01, and ZC 21-01 to the October 2, 2023 meeting of the City Council; and,
WHEREAS, on October 2, 2023, the City Council held the continued public hearing at which time interested persons had an opportunity to testify in support of, or opposition to, the proposed ordinance, and at which time the City Council considered EA 22-05, GPA 22-01, and ZC 21-01.

NOW, THEREFORE, the City Council of the City of Calimesa does hereby find, order and resolve as follows:

SECTION 1. The City Council finds that the recitals contained above in this Resolution are true and correct.

SECTION 2. The City Council makes the findings and determinations set forth in this Resolution in connection with the Final EIR based on the entire record before the City Council, including but expressly not limited to the NOP, NOA, Draft EIR, the comments to the NOP and Draft EIR, the responses to all comments, the Final EIR, the CEQA Findings of Fact and Statement of Overriding Considerations for the Final EIR (attached hereto as Exhibit “A”), the Mitigation Monitoring and Reporting Program (attached hereto as Exhibit “B”), additional public comments, and the written and oral staff report (collectively the “record of proceedings”), and the recitals set forth above.

SECTION 3. The City Council finds as follows in connection with the proposed Final EIR for the proposed Residential Infill Priority Area Overlay Zone Project:

A. Final EIR for the proposed Residential Infill Priority Area Overlay Zone Project has been completed in compliance with CEQA and the CEQA Guidelines.

B. That the Final EIR was presented to the City Council and the City Council has reviewed and considered the information contained in the FEIR and public testimony received thereon during the hearing prior to the City Council taking any action on the proposed Residential Infill Priority Area Overlay Zone Project.

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C. That the Final EIR reflects and represents the City Council’s independent judgment and analysis and adequately addresses the impacts of, and proposes appropriate mitigation measures upon, the City’s actions in approving or taking action on the proposed Residential Infill Priority Area Overlay Zone Project.

D. That the Final EIR is the appropriate and applicable environmental document pursuant to CEQA for the City’s actions in approving the proposed Residential Infill Priority Area Overlay Zone Project.

E. That the modifications to the Final EIR that have been made since circulation of the Draft EIR do not constitute the addition of new significant information to the Final EIR within the meaning of CEQA Guidelines Section 15088.5.

F. The City Council finds, based on the record of proceedings, that the proposed Residential Infill Priority Area Overlay Zone Project will not cause significant environmental impacts except with respect to Air Quality, Greenhouse Gases, Noise, Population and Housing, and Cumulative Transportation and Traffic Impacts. The specific impacts in each of these issue areas are explained in the, “Significant and Unavoidable Environmental Effects” of the CEQA Findings of Fact and Statement of Overriding Considerations (Exhibit “A” attached hereto) and the Final EIR.

1. With respect to Biological Resources, Cultural Resources, and Energy, the Final EIR identifies feasible mitigation measures for each impact that reduce the level of impact to less than significant, and those mitigation measures are set forth in Exhibit B of this Resolution.

2. With respect to other significant environmental impacts identified in this Section 3F, the impacts could not be reduced to levels less than significant, and in some cases, even with the implementation of mitigation measures, and consequently the Final EIR identifies and recommends overriding considerations that support approval of the project, as set forth in this Resolution and the CEQA Findings of Fact and Statement of Overriding Considerations (Exhibit “A”, attached hereto).

G. The City Council further finds that in response to each significant impact identified in the Final EIR, and listed in Section 3.F of this Resolution, changes or alterations are hereby required in, or incorporated into the proposed Residential Infill Priority Area Overlay Zone, which avoid or substantially lessen certain impacts to less than significant. The proposed Residential Infill Priority Area Overlay Zone includes required development standards to mitigate and/or reduce to a level of significance potential adverse environmental impacts resulting from the proposed Residential Infill Priority Area Overlay Zone, and therefore the City should require compliance with those development standards when the City approves future development projects. In addition, the mitigation measures set forth in the Mitigation Monitoring and Reporting Program, (Exhibit “B”) avoid or substantially lessen the potentially significant biological resource impacts, cultural resource impacts, and energy of the proposed Residential Infill Priority Area Overlay Zone. The City Council finds that the mitigation measures

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listed in Mitigation Monitoring and Reporting Program as set forth in Exhibit “B” will avoid or mitigate all significant biological, cultural, and energy related environmental effects of the proposed Residential Infill Priority Area Overlay Zone that can feasibly be avoided or mitigated, as identified in the Final EIR.

H. The City Council finds that the Final EIR describes a reasonable alternative to the proposed Residential Infill Priority Area Overlay Zone which might fulfill the Project’s basic objectives. This alternative is the “No Development/Existing Land Use – Alternative 1”. However, the City Council also finds that the No Development/Existing Land Use alternative is not feasible because it would not achieve the basic objectives of the proposed Residential Infill Priority Area Overlay Zone and therefore leave unaddressed significant goals the proposed Residential Infill Priority Area Overlay Zone was designed to achieve. As set forth in this Section 2.H, this alternative is thus infeasible due to the Project objectives to increase the amount of housing opportunities available and to provide ways to meet the City’s fair share of affordable housing units.

I. The City Council also finds that the Final EIR properly rejected three other alternatives for analysis, the “Reduced Project Size – Alternative 2,” the “15 Dwelling Units/Acre Maximum - Alternative 3”, the “Elimination of Parcels East of Bryant Street Alternative – Alternative 4”.

1. The City Council finds that the Reduced Project Size - Alternative 2, which would reduce development of the Project by 25 percent, was properly rejected as infeasible pursuant to CEQA Guidelines Section 15126.6(c) on the basis that demand for sites of this size – especially for infill development, attendant land costs, and the low Inland Empire market lease rates for product of this type --, this Alternative may result in a return on investment too low to justify the cost and risk of investment. The feasibility of the Reduced Project Size Alternative is further impacted by the loss of economies of scale in the construction of smaller buildings, which would drive the rate of return on the investment. Due to all of these factors, a reasonable developer may not take the risk to develop the Reduced Project Size Alternative. Therefore, despite meeting all Project objectives, Alternative 2 is not feasible since developers may not take risk to develop and because it does not maximize the housing opportunity to meet the States residential laws slated to increase housing supply.

2. The City Council finds that the 15 Dwelling Units/Acre Maximum – Alternative 3 was also properly rejected as infeasible pursuant to CEQA Guidelines Section 15126.6(c). Alternative 3 would reduce development of the Project site in comparison to the proposed Project site. This alternative would have reduced impacts to air quality because it would generate fewer operational VOCs and are assumed to fall below SCAQMD’s regional threshold of significance. Greenhouse gas emission would also be reduced; however, emissions would still exceed the SCAQMD threshold. This alternative development would remain inconsistent with the 2016 AQMP. It would also reduce impacts to traffic related noise and population because fewer dwelling units could be developed resulting in lower traffic trips and

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population. Alternative 3 would have the same cumulative traffic impacts as the Project because the priority and timing of road improvements through fair share contributions are not under the sole control of a project proponent.

Although this Alternative partially meets the Project objectives, these objectives are met to a lesser degree than the proposed Project because it reduces the amount of development that could occur. However, Alternative 3 is not feasible since it does not maximize the housing opportunity to meet the States newly adopted residential laws intended to increase housing supply. For these reasons, a reduced density alternative is considered infeasible pursuant to State CEQA Guidelines Section 15126.6(c) and is being rejected as a feasible project alternative.

3. The City Council finds that the Elimination of Parcels East of Bryant Street - Alternative 4 was also properly rejected as infeasible pursuant to CEQA Guidelines Section 15126.6(c). Alternative 4 would reduce development of the Project in comparison to the proposed Project through eliminating two parcels which could experience higher development densities. This alternative would have reduced impacts to air quality because it would generate fewer operational VOC emissions, albeit the VOCs would not be reduced below SCAQMD’s regional threshold of significance. Greenhouse gas emission would also be reduced by 7.5 percent; however, emissions would still exceed the SCAQMD threshold. This alternative development would remain inconsistent with the 2016 AQMP since overall the higher densities were not included in the AQMP. Alternative 4 would also reduce impacts to traffic related noise and population because fewer dwelling units could be developed resulting in lower traffic trips and population. Alternative 4 would have the same cumulative traffic impacts as the Project because the priority and timing of road improvements through fair share contributions are not under the sole control of a project proponent. Although Alternative 4 partially meets the Project objectives, these objectives are met to a slightly lesser degree than the proposed Project. This Alternative reduces the amount of development that could occur. However, despite meeting some of the Project objectives, Alternative 4 is not feasible since it does not maximize the housing opportunity to meet the States newly adopted residential laws slated to increase housing supply.

J. The City Council finds that the following substantial benefits will occur as a result of the proposed Residential Infill Priority Area Overlay Zone Project:

1. As stated in Government Code Section 65589.5, the State of California has a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state’s environmental and climate objectives. The Legislature adopted the Housing Crisis Act of 2019 (SB 330) which states that “In 2018, California ranked 49th out of the 50 states in housing units per capita…

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California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over 7 years.” By implementing the Project, which allows for additional housing opportunities, the City is helping to address this statewide crisis at a local level.

2. The Project will provide the ability to build 1,759 additional dwelling units, a portion of which may be developed to satisfy the City’s fair share of Regional Housing Need allocation. State law requires that jurisdictions provide their fair share of regional housing needs by conducting a Regional Housing Needs Assessment (RHNA) and adopting a general plan for future growth (California Government Code Section 65300). The California Department of Housing and Community Development (HCD) is mandated to determine state-wide housing needs by income category for each Council of Governments (COG) throughout the state. The housing need is determined based on four broad household income categories:
very low (households making less than 50 percent of median family income), low (50 to 80 percent of median family income), moderate (80 to 120 percent of median family income), and above moderate (more than 120 percent of median family income). The intent of the future needs allocation by income groups is to relieve the undue concentration of very low and low-income households in a single jurisdiction and to help allocate resources in a fair and equitable manner. SCAG determined that Calimesa’s projected RHNA share for the 6th Cycle Housing Element (2021 ‐ 2029) is 2,017 housing units. The City is currently in the process of updating for the 6th Cycle Housing Element (2021-2029). RHNA for this planning period has projected the need for 2,017 housing units, consistent with SCAG. Of the 2,017 units, 495 are classified in the income categories of very low and 275 in classified in the low category. Because the City is largely developed, infill sites, allowing for higher density residential products, will provide opportunity to fulfill RHNA housing needs. While the Project will result in an increase to projected planned population, the Project will satisfy the State requirements to provide new housing opportunities to increase housing supplies.

3. Because many areas of the City are built out, in order to comply with State regulation and attempt to meet fair share RHNA allocations, the City sought out vacant parcels that can be utilized for infill development allowing for higher density residential product types within areas of existing residential development or existing uses that are compatible with higher density residential development. Directing growth to these areas fosters well-planned, compact developments.

4. The areas within the Project were chosen for their proximity to existing streets and utilities to ensure existing infrastructure is available to future implementing development projects. Promoting efficiency in the utilization of existing infrastructure and services, facilitates integrated physical design within the City.

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K. The City Council finds, after balancing the unavoidable and irreversible environmental impacts of the proposed Residential Infill Priority Area Overlay Zone Project with the benefits of the proposed Residential Infill Priority Area Overlay Zone Project as described in Section J of this Resolution, in the Findings of Fact attached hereto as Exhibit “A”, and the Mitigation Monitoring and Reporting Program attached hereto as Exhibit “B”, that to the extent that adverse and potentially adverse impacts of the proposed Residential Infill Priority Area Overlay Zone Project have not been mitigated to a level of less than significant, that the specific economic, social, legal, environmental and technological or other benefits of the proposed Residential Infill Priority Area Overlay Zone Project, as described herein, outweigh the significant and irreversible impacts to the environment. The City Council further finds that due to overriding benefits of the proposed Residential Infill Priority Area Overlay Zone Project and because the alternatives identified in the EIR are not feasible, as discussed in Sections 3H and 3I above, any unavoidable impacts of the proposed Residential Infill Priority Area Overlay Zone Project, including Air Quality, Greenhouse Gases, Noise, Population and Housing, and Cumulative Transportation and Traffic , as identified in the FEIR, are acceptable. The City Council finds that this determination shall constitute a statement of overriding considerations within the meaning of CEQA and is based on the benefits of the proposed Residential Infill Priority Area Overlay Zone Project identified in the Final EIR and the record of proceedings, and that each overriding benefit is severable from any other consideration should one or more consideration be shown or determined to be legally insufficient for any reason.

SECTION 4. In accordance with Public Resources Code Section 21081.6(a)(2) and CEQA Guidelines Section 15091(e), the documents and other materials that constitute the record of the proceedings upon which the City Council findings are based, are located in the Planning Department of the City of Calimesa, at 908 Park Avenue, Calimesa, California 92320. As provided above, the record of proceedings includes, but is not limited to, the NOA and all other notices issued by the City in conjunction with the proposed project, the Draft EIR and all documents included in the appendices and referenced in the Draft EIR, the Final EIR and all documents included in the appendices and referenced in the Final EIR, all comments received in response to the NOA and all other notices issued by the City in connection with the preparation of the Draft EIR and Final EIR, the staff reports for the proposed Residential Infill Priority Area Overlay Zone, as well as all of the materials that comprise and support the Final EIR and all of the materials that support the staff reports for the proposed Residential Infill Priority Area Overlay Zone Project. The custodian of these documents is the Planning Department of the City of Calimesa.

SECTION 5. Based on all the evidence in the record of proceedings and the findings contained in Sections 1 through 4 of this Resolution, the City Council of the City of Calimesa hereby takes the following actions:

A. Certifies Final Environmental Impact Report (SCH# 2022030754) for the Residential Infill Priority Area Overlay Zone Project;

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B. Approves and adopts the CEQA Findings of Fact and Statement of Overriding Considerations set forth in Exhibit “A”, attached to this Resolution and incorporated herein by this reference;
C. Adopts the “Mitigation Monitoring and Reporting Program” attached hereto as Exhibit “B” and incorporated herein by reference, and requires that the Mitigation Monitoring Program be used to monitor compliance with the mitigation measures that have been adopted or made a condition of approval of the proposed Residential Infill Priority Area Overlay Zone.

SECTION 6. The City Clerk shall certify the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED, this 2
nd day of October, 2023.
_____________________________
William Davis, Mayor
Attest:
____________________________
Darlene Gerdes, City Clerk
Approved as to form:
_______________________________
Quinn Barrow, City Attorney

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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) §

CITY OF CALIMESA )
I, Darlene Gerdes, City Clerk of the City of Calimesa, California, do hereby certify that the foregoing City Council Resolution, No. 2023-61, was duly adopted by the City Council of the City of Calimesa, California, at a regular meeting thereof held on the 2nd day of October 2023, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Darlene Gerdes, City Clerk
City of Calimesa, California

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Exhibit “A”
CEQA Findings of Fact and Statement of Overriding Considerations The California Environmental Quality Act (CEQA) requires that in the event an agency chooses to approve a project that includes significant and unavoidable impacts which cannot be reduced to acceptable levels the agency must adopt a written Statement of Overriding Considerations which identifies why the local agency is willing to accept the significant unavoidable effect(s).

Pursuant to Public Resources Code Section 21081 and Section 15093 of the CEQA Guidelines, the City Council adopts and makes the following Statement of Overriding Considerations regarding the remaining significant unavoidable impacts of the proposed Residential Infill Priority Area Overlay Zone (RIPOAZ) project (Project), and the anticipated economic, social and other benefits of the Project.

The purpose of the statement of overriding considerations is defined in CEQA Guidelines Section 15093 (a and b):
a) CEQA requires the decision-maker to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." b) When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record.

The statement of overriding considerations shall be supported by substantial evidence in the record.

The Statement of Overriding Considerations should be used in decision making to balance the benefits of the project against the unavoidable environmental risks. CEQA also requires that the Statement of Overriding Considerations be included in the record of project approval and mentioned in the Notice of Determination.

Significant and Unavoidable Effects
Air Quality
1) The Project would conflict with or obstruct implementation of the applicable air quality plan. the South Coast Air Quality Management District (SCAQMD) is required to develop an Air Quality Management Plan (AQMP), which sets forth a comprehensive program for the South Coast Air Basin (the Basin) designed to bring the Basin into compliance with all federal and state air quality standards. The control measures and related emission reduction estimates included in the current 2020 AQMP are based on emissions projections for a future development scenario derived from land use, population, and employment estimates defined in consultation with local governments.

Implementation of the Project would increase the population within the Project area and add 4,292 persons, an increase in population of almost 20 percent over previous projections for the City. The proposed Project would not obstruct implementation of the control measures contained within the 2022 AQMP. However, the Project is not consistent with growth projections which were used in the 2022 AQMP. As a result, the Project may conflict with the 2022 AQMP. No feasible mitigation is available to reduce

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impacts related to this inconsistency, and therefore, the Project’s impacts in this regard are significant and unavoidable.
2) The Project could result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standards. Based on the Regional Significance Threshold for the proposed Project, short-term emissions will not exceed the daily regional thresholds set by SCAQMD. However, the exact extent of construction activity, construction schedule and specific equipment needs for each future implementing development project is unknown and may vary in the future.

Therefore, although the modeled analysis for the Project indicates that emissions will fall under applicable thresholds for construction emissions, there is a potential for future construction emissions to exceed applicable thresholds. Modeled long-term operational emissions will only exceed the daily regional threshold set by SCAQMD for volatile organic compounds (VOC). Since most of the operational VOC emissions are generated by consumer product usage and mobile sources that are outside of the City’s control/jurisdiction, operational impacts are considered significant and unavoidable.

Mitigation measures MM AQ 2 through MM AQ 8 will be implemented to reduce operational VOC emissions from buildout of the Project. However, there are no quantitative reductions associated with those measures and no further mitigation measures are available that would reduce impacts to below applicable SCAQMD significance thresholds due to the magnitude and associated emissions generated by the Project and the fact that the operational VOC emissions are primarily from consumer product usage and mobile sources, which are outside the City’s jurisdictional control. Therefore, operational air quality impacts remain significant and unavoidable. 3) The Project could expose sensitive receptors to substantial pollutant concentrations. The SCAQMD Localized Significance Thresholds (LST) analysis for the short-term construction modeled scenario for the Project will not result in localized air quality impacts. However, the exact construction schedule and equipment needs for each future implementing development projects is unknown and vary. Therefore, the potential exists for construction emissions to exceed applicable thresholds. Therefore, the Project may result in the exposure of sensitive receptors to substantial pollutant concentrations during Project construction, and impacts are considered significant and unavoidable.

Greenhouse Gases
1) The Project could generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment. The total GHG emissions from the RIPAOZ parcels are above the SCAQMD screening threshold of 3,000 MTCO2E/yr for residential projects and exceed the adjusted SCAQMD efficiency target of 2.6 MTCO2E/yr per service population. Mitigation measures MM AQ 2 through MM AQ 8 would contribute to reduced GHG emissions from transportation and MM GHG 1 through MM GHG 4 would reduce GHG emissions from energy consumption associated with buildout of the RIPAOZ. However, no quantitative reductions are associated with these mitigation measures given that no development is proposed and the majority of GHG emissions are from mobile sources, which are outside the City’s jurisdictional control. Since the GHG emissions reductions attributable to the mitigation measures cannot be definitively assessed at this time, and since the GHG emissions exceed the SCAQMD screening threshold for residential projects and do not meet the adjusted SCAQMD efficiency target of 2.6 MTCO2E/yr per service population, this impact would remain significant and unavoidable after implementation of mitigation.

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Noise
1) The Project may result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project area in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. The City’s General Plan Policy N-14 states that the maximum acceptable interior noise level created by exterior noise sources in residential areas is 45 dBA. The traffic noise levels at 50 feet from roadway centerlines near Project parcels exceed 65 dBA and there is potential for noise levels to exceed 65 dBA Community Noise Equivalent Level (CNEL) at sensitive land uses; therefore, a projectspecific noise study would be required for future implementing development projects to evaluate the noise environment at Project parcels and recommend structural and site design features that will adequately mitigate noise impacts, as applicable. As such, implementation of MM NOI 1 will reduce noise impacts. The feasibility of these measures would be determined on a project-by-project basis. However, it may not be possible to fully mitigate traffic noise in all areas, particularly in existing developed areas constrained due to placement or other factors which limit the feasibility of mitigation such as residences fronting the right of way that limit the placement of noise barriers. As a result, increases in transportation noise associated with the future implementing development of Project parcels could result in a permanent increase in ambient noise levels in the vicinity of the Project area in excess of standards established in the City’s General Plan. Therefore, impacts are significant and unavoidable.

Population and Housing
1) The Project would induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure). The Project is proposing a change in existing allowable density from a total of 397 units to 2,156 units; an increase of 1,759 units. Assuming a generation factor of 2.44 persons per dwelling unit, population under existing build out conditions for subject parcels would result in 969 persons. With implementation of the Project, projections would increase to 5,261 persons; a total of 4,292 more people. As such, the Project may induce a substantial population growth resulting in potential impacts associated with direct or indirect unplanned population growth in an area. With a projected total of 4,292 more people, the proposed Project has the potential to result in an increase in population of almost 20 percent over SCAG projections for the City for year 2045. Thus, the proposed Project will have a substantial impact on unplanned population growth in the project area, either directly or indirectly. Therefore, impacts are significant and unavoidable.

Transportation
1) The project would result in significant cumulative transportation impacts. The precise timing of future development that would occur to reach general plan buildout cannot be determined presently because of the complex nature of land development. It is anticipated that as development proceeds, each development will pay for and construct GP level road improvements on roads adjacent to the development sites and would pay “fair share” fees for use by local jurisdictions to construct road improvements necessary to address the cumulative impact of area-wide development. However, the timing of road improvements needed to improve levels of service on a regional basis would be determined by the City of Calimesa, County of Riverside, and Caltrans based upon need and the availability of funding. The priority and timing of these road

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improvements cannot be determined at this time, nor are they under the sole control of the project proponent and in case of other jurisdictions, the City, to implement. Hence, it is possible that the required improvements will not be constructed in time to mitigate the Project’s cumulative impacts upon off-site intersections and roads to below the level of significance. Thus, although after paying fair share fees, the Project’s cumulative trafficrelated impacts to would be reduced to less than significant, impacts would remain significant until such time as the improvements are completed. Therefore, because of the uncertainty of when improvements would be implemented in relationship to project development, cumulative impacts are significant and unavoidable Statement of Overriding Considerations
The City Council recognizes that significant and unavoidable environmental impacts would result from implementation of the Project. The City Council hereby finds that, for the reasons set forth below, the economic, social and other considerations prompted by the Project outweigh the unavoidable impacts for the reasons stated below. The City finds and determines that:
(i) the majority of the significant impacts of the Project will be reduced to less-than significant and acceptable levels by the mitigation measures described in the Final EIR and approved and adopted by these Findings;
(ii) the City's approval of the Project will result in certain significant adverse environmental effects that cannot be avoided even with the incorporation of all feasible mitigation measures into the Project; and
(iii) there are no other feasible mitigation measures or feasible Project alternatives that would further mitigate or avoid the remaining significant environmental effects. The significant effects that have not been mitigated to a less-than-significant level and are therefore considered significant and unavoidable.

After balancing the specific economic, legal, social, technological, and other benefits of the proposed project, the City of Calimesa has determined that the unavoidable adverse environmental impacts identified above may be considered “acceptable” due to the following specific considerations, which outweigh the unavoidable adverse environmental impacts of the Project. The City Council finds that each one of the following overriding considerations independently, grouped by overarching theme, or collectively, is/are sufficient to outweigh the significant and unavoidable impacts of the Project:
1) As stated in Government Code Section 65589.5, the State of California has a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state’s environmental and climate objectives. The Legislature adopted the Housing Crisis Act of 2019 (SB 330) which states that “In 2018, California ranked 49th out of the 50 states in housing units per capita… California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over 7 years.” By implementing the Project, which allows for additional housing opportunities, the City is helping to address this statewide crisis at a local level.
2) The Project will provide the ability to build 1,759 additional dwelling units, a portion of which may be developed to satisfy the City’s fair share of Regional Housing Need allocation. State law requires that jurisdictions provide their

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fair share of regional housing needs by conducting a Regional Housing Needs Assessment (RHNA) and adopting a general plan for future growth (California Government Code Section 65300). The California Department of Housing and Community Development (HCD) is mandated to determine state-wide housing needs by income category for each Council of Governments (COG) throughout the state. The housing need is determined based on four broad household income categories: very low (households making less than 50 percent of median family income), low (50 to 80 percent of median family income), moderate (80 to 120 percent of median family income), and above moderate (more than 120 percent of median family income). The intent of the future needs allocation by income groups is to relieve the undue concentration of very low and low-income households in a single jurisdiction and to help allocate resources in a fair and equitable manner. SCAG determined that Calimesa’s projected RHNA share for the 6th Cycle Housing Element (2021 ‐ 2029) is 2,017 housing units. The City is currently in the process of updating for the 6th Cycle Housing Element (2021- 2029). RHNA for this planning period has projected the need for 2,017 housing units, consistent with SCAG. Of the 2,017 units, 495 are classified in the income categories of very low and 275 in classified in the low category.

Because the City is largely developed, infill sites, allowing for higher density residential products, will provide opportunity to fulfill RHNA housing needs.

While the Project will result in an increase to projected planned population, the Project will satisfy the State requirements to provide new housing opportunities to increase housing supplies.
3) Because many areas of the City are built out, in order to comply with State regulation and attempt to meet fair share RHNA allocations, the City sought out vacant parcels that can be utilized for infill development allowing for higher density residential product types within areas of existing residential development or existing uses that are compatible with higher density residential development. Directing growth to these areas fosters wellplanned, compact developments. 4) The areas within the Project were chosen for their proximity to existing streets and utilities to ensure existing infrastructure is available to future implementing development projects. Promoting efficiency in the utilization of existing infrastructure and services, facilitates integrated physical design within the City.

Findings of Fact
On the basis of the foregoing analysis, and the substantial evidence in the whole record of this proceeding, it is specifically found that there are significant benefits of the Project in spite of the unavoidable significant impact. It is further found that, as part of the process of obtaining Project approval, all significant effects on the environment from implementation of the Project have been eliminated or substantially lessened where feasible. Any remaining significant effects on the environment found to be unavoidable are found to be acceptable due to the abovediscussed specific overriding economic, technical, legal, social and other considerations.

Therefore, pursuant to CEQA Guidelines Section 15093(b), these adverse effects are considered acceptable.

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Exhibit B
Mitigation Monitoring and Reporting Program

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CITY COUNCIL RESOLUTION NO. 2023-62

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA APPROVING SEGMENT NO. 1 OF GENERAL PLAN AMENDMENT NO. 22-01 FOR

THE RESIDENTIAL INFILL PRIORITY AREA OVERLAY ZONE PROJECT, AND

MAKING FINDINGS IN SUPPORT THEREOF
WHEREAS, in 2017, Governor Brown signed a 15-bill housing package aimed at addressing the state’s housing shortage and high housing costs. The package included the Building Homes and Jobs Act (SB 2), which established a funding source to increase the supply of affordable homes in California by collecting a $75 recording fee on real estate documents. These funds were made available to all local governments in California to help prepare, adopt, and implement plans that streamline housing approvals and accelerate housing production; and
WHEREAS, the City was awarded a $160,000 grant by the State of California Department of Housing and Community Development (“HCD”) SB 2 program to prepare a “Residential Infill Priority Area Overlay Zone”, also referred to as the “RIPAOZ,” to upzone certain residential properties identified by the City to allow higher density development including duplexes, townhomes, condos, and a limited amount of apartments by-right; and
WHEREAS, the City was awarded a $65,000 supplementary grant by HCD Local Early Action Grants program, also referred to as the “LEAP” program, to assist in the preparation and adoption of planning documents and process improvements that accelerate housing production and facilitate compliance to implement the sixth cycle of the regional housing need assessment; and
WHEREAS, the Planning Commission and City Council conducted four public workshops from May to November of 2021 to discuss local housing policy, the Regional Housing Needs Assessment (“RHNA”), Housing Element law, and the Residential Infill Priority Area Overlay Zone concept; and
WHEREAS, the City has prepared General Plan Amendment 22-01 (“GPA 22-01”) to amend Table LU-B - General Plan Land Use Categories, to define RIPAOZ Area 1 and Area 2; Amendment Table LU-C- List of Zoning Districts Compatible with General Plan Land Use Categories to add the RIPAOZ, and Amend Figure LU-1 Land Use Map to reflect the boundaries of RIPAOZ Area 1 and Area 2 on the City’s “single map” General Plan Land Use and Zoning Designation Map. GPA 22-01 is attached as Exhibit A to this Resolution; and
WHEREAS, the City prepared the RIPAOZ as Zone Change 21-01 (“ZC-21-01”) to encourage infill development and allow for higher density residential development than the underlying zoning designation as established by Chapter 18.20 of the Calimesa Municipal Code (CMC). The RIPAOZ establishes areas where infill residential development is encouraged which will maintain the character of existing neighborhood buildings and structures, permit a flexible approach to providing affordable housing, increase property values in residential neighborhoods, and foster well-planned, compact developments keeping with the character of the existing neighborhood; and Attachment 8G

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WHEREAS, the RIPAOZ is intended to (i) provide opportunities for the development of affordable housing, (ii) promote efficiency in the utilization of existing infrastructure and services, (iii) facilitate integrated physical design, (iv) promote a high level of design quality, (v) facilitate development proposals responsive to current and future market conditions, and (vi) provide safe vehicular circulation patterns for residents and safety/service providers; and,
WHEREAS, GPA 22-01 and ZC 21-01, together, constitute the Residential Infill Priority Area Overlay Zone Project (the “RPIAOZ Project” or “Project”), and are considered a “project” pursuant to the terms of the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. and the State CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et seq. (collectively “CEQA”); and, WHEREAS, an Environmental Impact Report (SCH#2022030754) and Mitigation Monitoring and Reporting Program were prepared for the Project by the City of Calimesa (“City”), in accordance with CEQA to evaluate the development of the properties included in the RIPAOZ (Environmental Assessment 22-05); and,
WHEREAS, on August 18, 2023, the City gave public notice as required under Chapter 18.15.080 (Hearings and Appeals) of the City of Calimesa Municipal Code by advertising in the Yucaipa Calimesa News Mirror newspaper of the holding of a public hearing at a special meeting of the Planning Commission at which Environmental Assessment 22-05, General Plan Amendment 22-01, and Zone Change 21-01 were considered for a recommended action for the City Council; and, WHEREAS, on August 28, 2023, during a duly noticed public hearing at a special meeting, the Planning Commission adopted Resolution 2023-09 recommending to the City Council the approval of Environmental Assessment 22-05, General Plan Amendment 22-01, and Zone Change 21-01, approving the RIPAOZ, and, WHEREAS, on September 8, 2023, the City gave public notice as required under Chapter 18.15.080 (Hearings and Appeals) of the City of Calimesa Municipal Code by advertising in the Yucaipa Calimesa News Mirror newspaper of the holding of a public hearing at a regular meeting of the City Council at which Environmental Assessment 22- 05, General Plan Amendment 22-01, and Zone Change 21-01 would be considered by the City Council; and,
WHEREAS, on September 13, 2023, the Fair Political Practices Commission (the “FPPC”) advised the City Attorney that it would be appropriate for the City Council to divide the City Council’s consideration of the RIPAOZ into segments pursuant to 2 Cal.

Code of Regs. Section 18706; and,
WHEREAS, accordingly, General Plan Amendment 22-01, and Zone Change 21- 01 have been segmented into three distinct components pursuant to 2 Cal. Code of Regs.

Section 18706. This Segment No. 1 of General Plan Amendment 22-01 contains the property that is identified as Assessor Parcel Map No. 413-320-003 and which is proposed to be added into newly created RIPAOZ Area 2 and includes the General Plan text amendments contained in General Plan Amendment 22-01 and which are attached hereto as Exhibit A. Mayor Davis will recuse himself from participation in this segment

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of the RIPAOZ involving designating property that was located within 1,000 feet from the Mayor’s property into the RIPAOZ; and,
WHEREAS, on September 18, 2023, the City Council continued the duly noticed hearing for EA 22-05, GPA 22-01, and ZC 21-01 to the October 2, 2023 meeting of the City Council; and,
WHEREAS, on October 2, 2023, the City Council held the continued public hearing for EA 22-05, GPA 22-01, and ZC 21-01 at which time interested persons had an opportunity to testify in support of, or opposition to, the proposed ordinance, and at which time the City Council considered EA 22-05, GPA 22-01, and ZC 21-01; and, WHEREAS, City Council of the City of Calimesa desires to approve Segment No. 1 of General Plan Amendment 22-01, also known as GPA 22-01 and Zone Change 21- 01, also known as ZC 21-01, amending provisions of the Land Use Element of the General Plan and adopting the RIPAOZ and amending various sections of the Zoning Code (Title 18 of the Calimesa Municipal Code).

NOW, THEREFORE, the City Council of the City of Calimesa does hereby find, order and resolve as follows:

SECTION 1. The City Council finds that the recitals contained above in this Resolution are true and correct and a material part of this resolution.

SECTION 2. The proposed Project, including General Plan Amendment 22-01, also known as GPA 22-01 and Zone Change 21-01, also known as ZC 21-01, amending provisions of the Land Use Element of the General Plan and adopting the RIPAOZ and amending various sections of the Zoning Code (Title 18 of the Calimesa Municipal Code, has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.). A Final Environmental Impact Report was prepared and the City Council, by separate Resolution No. 2023-61, certified the Final Environmental Impact Report, made appropriate environmental findings, and adopted a Mitigation Monitoring and Reporting Program for the Project. Resolution No. 2023-61 is incorporated by reference, and made a part hereof as if fully set forth herein. The documents and other material that constitute the record on which this decision is based are located in the Planning Department of the City of Calimesa, at 908 Park Avenue, Calimesa, California 92320 and are in the custody of the Planning Director.

SECTION 3. Based on all the evidence in the record, the City Council makes the following general findings in connection with the proposed Segment No. 1 of General Plan Amendment 22-01 for the Residential Infill Priority Area Overlay Zone:

1. The City Council finds that the proposed General Plan Amendment (GPA 22- 01) is consistent with the textual portions of the General Plan, and the proposed amendments are internally consistent with other portions of the General Plan as required by law.

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2. The City Council finds that the proposed General Plan Amendment (GPA 21- 01) is consistent with the goals, objectives, policies, and programs of the General Plan, and will not result in any internal inconsistencies with the General Plan or the General Plan Land Use Map.

3. The City Council finds that the proposed General Plan Amendment (GPA 22- 01) will not adversely affect the overall public health, safety, and welfare of the City. Environmental impacts associated with the GPA are evaluated within the DEIR/FEIR and the required Statement of Overriding Considerations is provided as in Resolution No. 2023-61
In making these findings, the City Council has reviewed and considered the Draft EIR and Final EIR consistent with CEQA Guidelines Section 15025(c).

SECTION 4. Based on all the findings contained in Sections 1 through 3 of this Resolution , the City Council of the City of Calimesa hereby approves Segment No. 1 of General Plan Amendment No. 22-01.

SECTION 5. The City Clerk shall certify the adoption of this Resolution.

PASSES, APPROVED AND ADOPTED, this 2
nd day of October, 2023.
_____________________________
William Davis, Mayor
Attest:
____________________________
Darlene Gerdes, City Clerk
Approved as to form:
_______________________________
Quinn Barrow, City Attorney

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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) §

CITY OF CALIMESA )
I, Darlene Gerdes, City Clerk of the City of Calimesa, California, do hereby certify that the foregoing City Council Resolution, No. 2023-62, was duly adopted by the City Council of the City of Calimesa, California, at a regular meeting thereof held on the 2nd day of October 2023, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Darlene Gerdes, City Clerk
City of Calimesa, California

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Exhibit “A”
General Plan Amendment No. 22-01
(attached)

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CITY COUNCIL RESOLUTION NO. 2023-63

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA APPROVING SEGMENT NO. 2 OF GENERAL PLAN AMENDMENT NO. 22-01 FOR

THE RESIDENTIAL INFILL PRIORITY AREA OVERLAY ZONE PROJECT, AND

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WHEREAS, the RIPAOZ is intended to (i) provide opportunities for the development of affordable housing, (ii) promote efficiency in the utilization of existing infrastructure and services, (iii) facilitate integrated physical design, (iv) promote a high level of design quality, (v) facilitate development proposals responsive to current and future market conditions, and (vi) provide safe vehicular circulation patterns for residents and safety/service providers; and,
WHEREAS, GPA 22-01 and ZC 21-01, together, constitute the Residential Infill Priority Area Overlay Zone Project (the “RPIAOZ Project” or “Project”), and are considered a “project” pursuant to the terms of the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. and the State CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et seq. (collectively “CEQA”); and, WHEREAS, an Environmental Impact Report (SCH#2022030754) and Mitigation Monitoring and Reporting Program were prepared for the Project by the City of Calimesa (“City”), in accordance with CEQA to evaluate the development of the properties included in the RIPAOZ (Environmental Assessment 22-05); and,
WHEREAS, on August 18, 2023, the City gave public notice as required under Chapter 18.15.080 (Hearings and Appeals) of the City of Calimesa Municipal Code by advertising in the Yucaipa Calimesa News Mirror newspaper of the holding of a public hearing at a special meeting of the Planning Commission at which Environmental Assessment 22-05, General Plan Amendment 22-01, and Zone Change 21-01 were considered for a recommended action for the City Council; and, WHEREAS, on August 28, 2023, during a duly noticed public hearing at a special meeting, the Planning Commission adopted Resolution 2023-09 recommending to the City Council the approval of Environmental Assessment 22-05, General Plan Amendment 22-01, and Zone Change 21-01, approving the RIPAOZ, and, WHEREAS, on September 8, 2023, the City gave public notice as required under Chapter 18.15.080 (Hearings and Appeals) of the City of Calimesa Municipal Code by advertising in the Yucaipa Calimesa News Mirror newspaper of the holding of a public hearing at a regular meeting of the City Council at which Environmental Assessment 22- 05, General Plan Amendment 22-01, and Zone Change 21-01 would be considered by the City Council; and,
WHEREAS, on September 13, 2023, the Fair Political Practices Commission (the “FPPC”) advised the City Attorney that it would be appropriate for the City Council to divide the City Council’s consideration of the RIPAOZ into segments pursuant to 2 Cal.

Code of Regs. Section 18706; and,
WHEREAS, accordingly, General Plan Amendment 22-01, and Zone Change 21- 01 have been segmented into three distinct components pursuant to 2 Cal. Code of Regs.

Section 18706. This Segment No. 2 of General Plan Amendment 22-01 contains the properties identified as Assessor Parcel Map Nos. 410-080-045, 410-080-006, 410-181- 013, which are proposed to be added into newly created RIPAOZ Area 1 and Assessor Parcel Map Nos. 411-171-018 and 411-171-041, which are proposed to be added into newly created RIPAOZ Area 2, and includes the General Plan text

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amendments contained in General Plan Amendment 22-01 and which are attached hereto as Exhibit A. Councilmember Manly will recuse himself from participation in this segment of the RIPAOZ involving designating the properties located within 1,000 feet from his property into the RIPAOZ; and,
WHEREAS, on the September 18, 2023, the City Council continued the duly noticed hearing for EA 22-05, GPA 22-01, and ZC 21-01 to the October 2, 2023 meeting of the City Council; and,
WHEREAS, on the October 2, 2023, the City Council held the continued public hearing for EA 22-05, GPA 22-01, and ZC 21-01 at which time interested persons had an opportunity to testify in support of, or opposition to, the proposed ordinance, and at which time the City Council considered EA 22-05, GPA 22-01, and ZC 21-01; and, WHEREAS, City Council of the City of Calimesa desires to approve Segment No. 2 of General Plan Amendment 22-01, also known as GPA 22-01 and Zone Change 21- 01, also known as ZC 21-01, amending provisions of the Land Use Element of the General Plan and adopting the RIPAOZ and amending various sections of the Zoning Code (Title 18 of the Calimesa Municipal Code).

NOW, THEREFORE, the City Council of the City of Calimesa does hereby find, order and resolve as follows:

SECTION 1. The City Council finds that the recitals contained above in this Resolution are true and correct and a material part of this resolution.

1. The City Council finds that the proposed General Plan Amendment (GPA 22- 01) is consistent with the textual portions of the General Plan, and the proposed

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amendments are internally consistent with other portions of the General Plan as required by law.

SECTION 4. Based on all the findings contained in Sections 1 through 3 of this Resolution , the City Council of the City of Calimesa hereby approves Segment No. 2 of General Plan Amendment No. 22-01.

SECTION 5. The City Clerk shall certify the adoption of this Resolution.

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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) §

CITY OF CALIMESA )
I, Darlene Gerdes, City Clerk of the City of Calimesa, California, do hereby certify that the foregoing City Council Resolution, No. 2023-63, was duly adopted by the City Council of the City of Calimesa, California, at a regular meeting thereof held on the 2nd day of October 2023, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Darlene Gerdes, City Clerk
City of Calimesa, California

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Exhibit “A”
General Plan Amendment No. 22-01
(attached)

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CITY COUNCIL RESOLUTION NO. 2023-64

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA APPROVING SEGMENT NO. 3 OF GENERAL PLAN AMENDMENT NO. 22-01 FOR

THE RESIDENTIAL INFILL PRIORITY AREA OVERLAY ZONE PROJECT, AND

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WHEREAS, the RIPAOZ is intended to (i) provide opportunities for the development of affordable housing, (ii) promote efficiency in the utilization of existing infrastructure and services, (iii) facilitate integrated physical design, (iv) promote a high level of design quality, (v) facilitate development proposals responsive to current and future market conditions, and (vi) provide safe vehicular circulation patterns for residents and safety/service providers; and,
WHEREAS, GPA 22-01 and ZC 21-01, together, constitute the Residential Infill Priority Area Overlay Zone Project (the “RPIAOZ Project” or “Project”), and are considered a “project” pursuant to the terms of the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. and the State CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et seq. (collectively “CEQA”); and, WHEREAS, an Environmental Impact Report (SCH#2022030754) and Mitigation Monitoring and Reporting Program were prepared for the Project by the City of Calimesa (“City”), in accordance with CEQA to evaluate the development of the properties included in the RIPAOZ (Environmental Assessment 22-05); and,
WHEREAS, on August 18, 2023, the City gave public notice as required under Chapter 18.15.080 (Hearings and Appeals) of the City of Calimesa Municipal Code by advertising in the Yucaipa Calimesa News Mirror newspaper of the holding of a public hearing at a special meeting of the Planning Commission at which Environmental Assessment 22-05, General Plan Amendment 22-01, and Zone Change 21-01 were considered for a recommended action for the City Council; and, WHEREAS, on August 28, 2023, during a duly noticed public hearing at a special meeting, the Planning Commission adopted Resolution 2023-09 recommending to the City Council the approval of Environmental Assessment 22-05, General Plan Amendment 22-01, and Zone Change 21-01, approving the RIPAOZ, and, WHEREAS, on September 8, 2023, the City gave public notice as required under Chapter 18.15.080 (Hearings and Appeals) of the City of Calimesa Municipal Code by advertising in the Yucaipa Calimesa News Mirror newspaper of the holding of a public hearing at a regular meeting of the City Council at which Environmental Assessment 22- 05, General Plan Amendment 22-01, and Zone Change 21-01 would be considered by the City Council; and,
WHEREAS, on September 13, 2023, the Fair Political Practices Commission (the “FPPC”) advised the City Attorney that it would be appropriate for the City Council to divide the City Council’s consideration of the RIPAOZ into segments pursuant to 2 Cal.

Code of Regs. Section 18706; and,
WHEREAS, accordingly, General Plan Amendment 22-01, and Zone Change 21- 01 have been segmented into three distinct components pursuant to 2 Cal. Code of Regs.

Section 18706. This Segment No. 3 of General Plan Amendment 22-01 contains the properties identified as Assessor Parcel Map Nos. 411-200-001, 411-200-002, 411-200- 003 , 411-200-004, 411-200-007, 411-200-008, 411-200-022, 410-080-003, 410-080- 005, 410-080-007, 410-080-009, 410-080-013, 410-080-014, 410-080-019, 410-080-050, 410-092-012, 410-181-011, 410-181-012, 410-162-012, 410-162-013, 410-162-014, 410-

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170-007, 410-170-009, 410-170-010, 410-170-011, 410-170-012, 410-170-013, 410-170- 025, 409-100-009, 409-100-011 and which are proposed to be added into newly created RIPAOZ Areas 1 and 2 and includes the General Plan text amendments contained in General Plan Amendment 22-01 and which are attached hereto as Exhibit A; and, WHEREAS, on September 18, 2023, the City Council continued the duly noticed hearing for EA 22-05, GPA 22-01, and ZC 21-01 to the October 2, 2023 meeting of the City Council; and,
WHEREAS, on October 2, 2023, the City Council held the continued public hearing for EA 22-05, GPA 22-01, and ZC 21-01 at which time interested persons had an opportunity to testify in support of, or opposition to, the proposed ordinance, and at which time the City Council considered EA 22-05, GPA 22-01, and ZC 21-01; and, WHEREAS, City Council of the City of Calimesa desires to approve Segment No. 3 of General Plan Amendment 22-01, also known as GPA 22-01 and Zone Change 21- 01, also known as ZC 21-01, amending provisions of the Land Use Element of the General Plan and adopting the RIPAOZ and amending various sections of the Zoning Code (Title 18 of the Calimesa Municipal Code).

NOW, THEREFORE, the City Council of the City of Calimesa does hereby find, order and resolve as follows:

SECTION 1. The City Council finds that the recitals contained above in this Resolution are true and correct and a material part of this resolution.

SECTION 3. Based on all the evidence in the record, the City Council makes the following general findings in connection with the proposed Segment No. 3 of General Plan Amendment 22-01 for the Residential Infill Priority Area Overlay Zone:

1. The City Council finds that the proposed General Plan Amendment (GPA 22- 01) is consistent with the textual portions of the General Plan, and the proposed

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amendments are internally consistent with other portions of the General Plan as required by law.

In making these findings, the City Council has reviewed and considered the Draft EIR and Final EIR consistent with CEQA Guidelines Section 15025(c).

SECTION 4. Based on all the findings contained in Sections 1 through 3 of this Resolution , the City Council of the City of Calimesa hereby approves Segment No. 3 of General Plan Amendment No. 22-01.

SECTION 5. The City Clerk shall certify the adoption of this Resolution.

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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) §

CITY OF CALIMESA )
I, Darlene Gerdes, City Clerk of the City of Calimesa, California, do hereby certify that the foregoing City Council Resolution, No. 2023-64, was duly adopted by the City Council of the City of Calimesa, California, at a regular meeting thereof held on the 2nd day of October 2023, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Darlene Gerdes, City Clerk
City of Calimesa, California

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Exhibit “A”
General Plan Amendment No. 22-01
(attached)

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1 ORDINANCE NO. 392

AN ORDINANCE OF THE CITY OF CALIMESA, CALIFORNIA, APPROVING SEGMENT NO. 1 OF ZONE CHANGE 21-01 IN CONNECTION WITH THE

ADOPTION OF THE RESIDENTIAL INFILL PRIORITY AREA OVERLAY ZONE (“RIPAOZ”) AND THE AMENDMENT OF VARIOUS SECTIONS OF THE ZONING CODE (TITLE 18 OF THE CALIMESA MUNICIPAL CODE)
WHEREAS, in 2017, Governor Brown signed a 15-bill housing package aimed at addressing the state’s housing shortage and high housing costs. The package included the Building Homes and Jobs Act (SB 2), which established a funding source to increase the supply of affordable homes in California by collecting a $75 recording fee on real estate documents. These funds were made available to all local governments in California to help prepare, adopt, and implement plans that streamline housing approvals and accelerate housing production; and,
WHEREAS, the City was awarded a $160,000 grant by the State of California Department of Housing and Community Development (“HCD”) SB 2 program to prepare a “Residential Infill Priority Area Overlay Zone”, also referred to as the “RIPAOZ,” to up-zone certain residential properties identified by the City to allow higher density development including duplexes, townhomes, condos, and a limited amount of apartments by-right; and,
WHEREAS, the City was awarded a $65,000 supplementary grant by HCD Local Early Action Grants program, also referred to as the “LEAP” program, to assist in the preparation and adoption of planning documents and process improvements that accelerate housing production and facilitate compliance to implement the sixth cycle of the regional housing need assessment; and, WHEREAS, the City prepared the RIPAOZ to encourage infill development and allow for higher density residential development than the underlying zoning designation as established by Calimesa Municipal Code (CMC) Chapter 18.20. The RIPAOZ establishes areas where infill residential development is encouraged which maintains the character of existing neighborhood buildings and structures; to permit a flexible approach to providing affordable housing; to increase property values in residential neighborhoods; and to foster well-planned, compact developments keeping with the character of the existing neighborhood by a) Providing opportunities for the development of affordable housing, b) Promoting efficiency in the utilization of existing infrastructure and services, c) Facilitating integrated physical design, d) Promoting a high level of design quality, e) Facilitating development proposals responsive to current and future market conditions, and f) Providing safe vehicular circulation patterns for residents and safety/service providers; and,
WHEREAS, ZC 21-01 is a component of the Residential Infill Priority Area Overlay Zone Project (the “RPIAOZ Project” or “Project”), and is considered a “project” pursuant to the terms of the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. and the State CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et seq. (collectively “CEQA”); and, WHEREAS, an Environmental Impact Report (SCH#2022030754) and Mitigation Monitoring and Reporting Program were prepared for the Project by the City of Calimesa (“City”), in accordance with CEQA to evaluate the development of the properties included in the RIPAOZ (Environmental Assessment 22-05); and,
Attachment 8J

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2 WHEREAS, on August 18, 2023, the City gave public notice as required under Chapter 18.15.080 (Hearings and Appeals) of the City of Calimesa Municipal Code by advertising in the Yucaipa Calimesa News Mirror newspaper of the holding of a public hearing at a special meeting of the Planning Commission at which Environmental Assessment 22-05, General Plan Amendment 22-01, and Zone Change 21-01 were considered for a recommended action for the City Council; and, WHEREAS, on August 28, 2023, during a duly noticed public hearing at a special meeting, the Planning Commission adopted Resolution 2023-09 recommending to the City Council the approval of Environmental Assessment 22-05, General Plan Amendment 22-01, and Zone Change 21-01, approving the RIPAOZ, and,
WHEREAS, on September 13, 2023, the Fair Political Practices Commission (the “FPPC”) advised the City Attorney that it would be appropriate for the City Council to divide the City Council’s consideration of the RIPAOZ into segments pursuant to 2 Cal. Code of Regs. Section 18706; and, WHEREAS, accordingly, General Plan Amendment 22-01, and Zone Change 21-01 have been segmented into three distinct components pursuant to 2 Cal. Code of Regs. Section 18706. This Segment No. 1 of Zone Change 21-01 contains the property that is identified as Assessor Parcel Map No. 413-320- 003 and which is proposed to be added into newly created RIPAOZ Area 2. Mayor Davis will recuse himself from participation in this segment of the RIPAOZ involving designating property that was located within 1,000 feet from the Mayor’s property into the RIPAOZ; and, WHEREAS, on September 18, 2023, the City Council continued the duly noticed hearing for EA 22-05, GPA 22-01, and ZC 21-01 to the October 2, 2023 meeting of the City Council; and, WHEREAS, on October 2, 2023, the City Council held the continued public hearing for EA 22- 05, GPA 22-01, and ZC 21-01 at which time interested persons had an opportunity to testify in support of, or opposition to, the proposed ordinance, and at which time the City Council considered EA 22-05, GPA 22-01, and ZC 21-01; and,
WHEREAS, City Council of the City of Calimesa desires to approve Segment No. 1 of Zone Change 21-01, also known as ZC 21-01, adopting the RIPAOZ and amending various sections of the Zoning Code (Title 18 of the Calimesa Municipal Code).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA DOES ORDAIN AS FOLLOWS:

Section 1. The above recitals are all true and correct and constitute a material portion of this Ordinance.

Section 2. The City Council has reviewed and considered the information included in the General Plan, as amended by Resolution No. 2023-62, Zoning Code, and Staff Report for the Public Hearing and public testimony prior to taking action on the proposed ordinance, approving the Zone Change and related EIR, and adopting the MMRP.

Section 3. The proposed Project, Zone Change 21-01, also known as ZC 21-01, amending various sections of the Zoning Code (Title 18 of the Calimesa Municipal Code, has been environmentally

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3 reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.). A Final Environmental Impact Report was prepared and the City Council, by separate Resolution No. 2023-61, certified the Final Environmental Impact Report, made appropriate environmental findings, and adopted a Mitigation Monitoring and Reporting Program for the Project.

Resolution No. 2023-61 is incorporated by reference, and made a part hereof as if fully set forth herein.

The documents and other material that constitute the record on which this decision is based are located in the Planning Department of the City of Calimesa, at 908 Park Avenue, Calimesa, California 92320 and are in the custody of the Planning Director.

Section 4. The City Council finds that the Zone Change is consistent with the goals and policies of the General Plan and State housing goals, and would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

Section 5. Segment No. 1 of the RIPAOZ, as defined in the recitals of the Ordinance, and which contains property known as Assessor Parcel No. 413-320-003 is hereby approved, inclusive of the provisions contained in Sections 6 through 12 of this Ordinance. The property within Segment No. 1 is hereby designated as being within Area 2 of the RIPAOZ. The location and boundaries of the property within Segment No. 1 of the RIPAOZ shall be as shown on the official zoning map of the City of Calimesa, California. This information is on file and available at the Community Development Department at Calimesa City Hall.

Section 6. Section 18.05.080 (Zone districts establish) of Chapter 18.05 (General Provisions) of Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby amended to add “Residential Infill Priority Area Overlay Zone” as follows, with all other provisions in Section 18.05.080 to remain the same:

18.05.080 Zone districts established.

Symbol Zone Name Chapter
RIPAOZ Residential Infill Priority Area Overlay Zone 18.20 Section 7. Section 18.20.020 (Residential zone districts) in Chapter 18.20 (Residential Zone Districts) of the Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby amended to add a new Subsection H as follows, with all other subsections to remain the same:

H. Residential Infill Priority Area Overlay (RIPAOZ) Zone. The purposed of this chapter is to establish the Residential Infill Priority Area Overlay Zone (RIPAOZ) to encourage residential infill development at a higher density than the underlying zoning designation established by Calimesa Municipal Code (CMC) Chapter 18.20. The RIPAOZ identifies areas where residential infill development is encouraged; permits a flexible approach to providing affordable housing; aims to increase the variety of housing options in existing residential neighborhoods; fosters well-planned, compact developments keeping with the character of the existing neighborhood, promotes efficiency in the utilization of existing infrastructure and services, facilitates integrated physical design, promotes a high level of design quality,

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4 facilitates development proposals responsive to current and future market conditions, and provides safe vehicular circulation patterns for residents and safety/service providers.

Section 8. Table 18.20.030 (Uses Permitted Within Residential Districts) of Chapter 18.20 (Residential Zone Districts) of the Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby amended to add two columns as follows, with all other sections, subsections, and notes of Table 18.20.030 to remain the same:

Table 18.20.030 – Uses Permitted Within Residential Districts Use RIPAOZ
Area 1
RIPAOZ
Area 2
A. Residential Uses
Accessory dwelling unit P P
Bed and breakfast inn C C
Boarding house X X
Community care facility
• Six or fewer persons P P
• Seven or more persons C C
Convalescent care facility C C
Day Care Facility
• Six or fewer children P P
• Seven or more children P P
Guest house P P
Junior accessory dwelling unit P P
Manufactured housing P P
Mobile home park X X
Senior congregate care housing C C
Multifamily dwellings X P
Single-family detached P P
Single-family attached P P
B. Equestrian Uses
Riding academy X X
Rodeo arena X X
Stables. private X X
Stables, commercial X X
C. Agricultural Uses X X
D. Commercial Uses
Hair stylist P P
Feed and grain sales X X
Fruit and vegetable processing X X
Nursery and incidental garden supply X X
Produce market X X
Display and sale of agricultural products X X
E. Public/Quasi-Public Uses

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5 Use RIPAOZ
Area 1
RIPAOZ
Area 2
Cemeteries, columbariums, mausoleums (including pet cemeteries) X X Churches and other religious institutions C C
Educational institutions (public and private schools, not including vocational schools):
a. Small (25 or fewer students) on sites with existing assembly uses and adequate off-street parking
b. Large (26 or more students)
P
C
P
C
Fire and police stations C C
Meeting places of nonprofit civic groups, community organizations, clubs, and lodge halls
C
C
Public libraries and museums C C
Public utility and public service substations, reservoirs, pumping plants, and similar installations, not including public utility offices C C F. Recreational Uses
Archery ranges X X
Fishing lakes (commercial and noncommercial) X X
Golf courses and customary appurtenant facilities, including clubhouses, restaurants and retail shops, except driving ranges and miniature golf courses
X X
Parks P P
Picnic grounds for day use only X X
G. Accessory Uses
Antennas, satellite dishes P P
Garages P P
Other accessory uses and structures located on the same site as a permitted use P P
Permanent outdoor storage within parking lot areas X X
H. Home Occupations
Subject to the provisions
of CMC 18.15.090, Home
occupation permits
I. Temporary Uses
Subject to the provisions
of CMC 18.151.130.

Temporary use Permits
J. Other
Apiary X X
Camp X X
Commercial cannabis activity X X
Community garden P P
Farm projects (Future Farmers, 4-H, or similar projects) X X Guest ranch X X
Kennels X X
Menageries, animal hospitals, and shelters X X
Outdoor storage, front yard areas X X

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6 Use RIPAOZ
Area 1
RIPAOZ
Area 2
K. Other Uses Similar to and No More Objectionable Than the Uses Identified Above
Subject to the provisions
of CMC 18.15.180
Determination of similar
use
Legend:

P – Permitted use
C – Subject to conditional use permit
X – Prohibited
Section 9. Table 18.20.040 (Residential Development Standards) in Section 18.20.040 (Residential Development Standards) of Chapter 18.20 (Residential Zone Districts) of Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby amended add two columns as follows, with all other sections, subsections, and notes to remain the same:

Table 18.20.040 – Residential Development Standards
Standard RIPAOZ Area 1 RIPAOZ Area 2
Maximum density (DUs per gross acre) 15 35
Minimum lot size (net area) 1,591 s.f. N/A
Minimum lot width137’ 60’
Minimum lot depth 43’ 100’
Minimum front yard setback 10’ 10’
Minimum side yard setbacks23
Note 2 below
Minimum rear yard setback35
Note 3 below
Maximum lot coverage 75% 75%
Maximum height for buildings and structures 36’ or three stories, whichever
is less
50’ or four
stories,
whichever is
less
Notes:

1. 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.

2. Side Yard Setbacks (RIPOAZ 2) One-story building; five feet. Two-story building: five feet for the first story and 10 feet for the second story. For buildings having more than two stories: five feet for the first story; 10 feet for the second story; and an additional five feet for each story thereafter]

3. Rear yard Setbacks (RIPAOZ 2) One- and two-story buildings; 10 feet. For buildings having more than two stories: 10 feet for the first and second stories; and an additional five feet for each story thereafter
Section 10. Table 18.45.060 (Number of Required Parking Spaces) of Chapter 18.45 (OffStreet Parking) of Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal

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7 Code, is hereby amended to add one new row as follows, with all other sections, subsections, and notes of Section 18.45.060 to remain the same:

Uses Number of Required Spaces
Residential Uses
All residential uses proposed within the Residential Infill Priority Area Overlay Zone (“RIPAOZ”)
Subject to Planning Director and City
Engineer approval of a site-specific
focused Traffic & Parking Study
prepared in accordance with the latest
edition of the Institute of Transportation
Engineers (ITE) Trip Generation Manual.

Section 11. A new Subsection 11 of subdivision B (“Applicability”) of Section 18.90.030 (Minor Development Plan Review) of Chapter 18.90 (Development Plan Review) of Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby added with all other subsections of Section 18.90.030 to remain the same:

11. All single family attached, single family detached, multi-family dwellings, and accessory dwelling units (if permitted by State law) proposed within the Residential Infill Priority Area Overlay Zone (“RIPAOZ”).

Section 12. A new Subsection P (“RIPAOZ Design, Screening, and Privacy Standards”) of Section 18.20.050 (Specific development standards for residential districts) of Chapter 18.20 (Residential Zone Districts) of Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby added with all other subsections of Section 18.20.050 to remain the same:

P. RIPAOZ Design, Screening, and Privacy Standards. Multifamily housing within the RIPAOZ shall be constructed in the following manner:

1. All multifamily developments within the RIPAOZ with 12 or more dwelling units shall provide 20 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 eight percent.

2. All multifamily developments within the RIPAOZ shall be required to install a 7’ perimeter block wall to limit visual intrusion on surrounding development to the greatest extent possible.

3. Each dwelling unit within the RIPAOZ shall have a private (walled) patio or balcony.

4. All multifamily developments within the RIPAOZ shall provide recreational amenities within the site which may include a swimming pool; spa; gym; on site multi-use trails/walking paths (separate from private sidewalks); package centers; smart home technology; 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:

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8 Schedule Table
Units Amenities
0 – 11 0
12 – 100 1
101 – 200 2
201 – 300 3
Note: Add one amenity for each 100 additional units or fraction thereof.

5. Each dwelling unit shall be provided with a minimum of 100 cubic feet of enclosed storage space, such as roof rack storage, within the garage, carport, or immediately adjacent to the dwelling unit. Garages shall not be used as a gym.

6. Driveway approaches within a multifamily development of 12 or more units within the RIPAOZ 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.

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 parking areas.

16. Lighting. Refer to Chapter 18.120 CMC, Outdoor Lighting.

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9 17. Management and security plans shall be submitted for review and approval by the Planning Director (or designee) for multifamily developments within the RIPAOZ 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 within the RIPAOZ shall provide electronic gates as follows:
a. A minimum six-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 five feet above finished grade.

Provisions for emergency access, such as a Knox box, shall be provided in accordance with California Fire Code requirements.

19. Rear decks and balconies shall be discouraged for multi-story development where a majority of the surrounding properties are single-story homes within 50’ of the property line.

20. To avoid box structure designs, continuous multi-story walls and wall areas greater than nine feet in height that are flush with the first story of a primary structure shall be designed with a minimum recess of one foot for every 20 feet of wall length. For the purposes of this section, “flush” shall mean any multi-story element or wall area above nine feet in height that is less than one foot in depth from the first story or area below nine feet.

21. Landscape screening shall be provided along the property line(s) adjacent to the singlestory dwelling(s) or property on the downslope. A landscape plan that includes accurate visual simulations shall be submitted to the Planning Director (or designee) for review and approval. The landscaping shall be as mature as possible at installation such that at minimum, it will provide visual screening of the area immediately across from the multistory development to ensure privacy for the adjacent single-story dwelling from visual intrusion to the windows or back yard of the adjacent residence. The height and density of the landscape buffer at installation shall be determined by the Planning Director and City Landscape Architect, with consideration given to tree survival upon transplant.

22. If it is determined during project review that visual privacy issues will exist alongside yard elevations, as determined by accurate visual simulations, the Planning Director may limit the multi-story wall or any structure wall above nine 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 multi-story building would have views into a neighbor’s bedroom(s), living/family room, or back yard.

Section 13. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion

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10 thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

Section 14. Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution of any violation of any City ordinance or provision of the Calimesa Municipal Code, committed prior to the effective date hereto, nor be construed as a waiver of any license or penalty or the penal provision applicable to any violation thereof.

Section 15. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law.

INTRODUCED AND APPROVED UPON FIRST READING this 2
nd day of October, 2023,
upon the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PASSED, APPROVED AND ADOPTED UPON SECOND READING this ____ day of _____________, 2023, upon the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_________________________________

DARLENE GERDES, CITY CLERK
APPROVED AS TO FORM:
__________________________________

QUINN BARROW, CITY ATTORNEY

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1 ORDINANCE NO. 393

AN ORDINANCE OF THE CITY OF CALIMESA, CALIFORNIA, APPROVING SEGMENT NO. 2 OF ZONE CHANGE 21-01 IN CONNECTION WITH THE

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2 WHEREAS, on August 18, 2023, the City gave public notice as required under Chapter 18.15.080 (Hearings and Appeals) of the City of Calimesa Municipal Code by advertising in the Yucaipa Calimesa News Mirror newspaper of the holding of a public hearing at a special meeting of the Planning Commission at which Environmental Assessment 22-05, General Plan Amendment 22-01, and Zone Change 21-01 were considered for a recommended action for the City Council; and, WHEREAS, on August 28, 2023, during a duly noticed public hearing at a special meeting, the Planning Commission adopted Resolution 2023-09 recommending to the City Council the approval of Environmental Assessment 22-05, General Plan Amendment 22-01, and Zone Change 21-01, approving the RIPAOZ, and,
WHEREAS, on September 13, 2023, the Fair Political Practices Commission (the “FPPC”) advised the City Attorney that it would be appropriate for the City Council to divide the City Council’s consideration of the RIPAOZ into segments pursuant to 2 Cal. Code of Regs. Section 18706; and, WHEREAS, accordingly, General Plan Amendment 22-01, and Zone Change 21-01 have been segmented into three distinct components pursuant to 2 Cal. Code of Regs. Section 18706. This Segment No. 2 of Zone Change 21-01 contains the properties identified as Assessor Parcel Map Nos. 410-080-045, 410-080-006, 410-181-013, which are proposed to be added into newly created RIPAOZ Area 1 and Assessor Parcel Map Nos. 411-171-018 and 411-171-041, which are proposed to be added into newly created RIPAOZ Area 2. Councilmember Manly will recuse himself from participation in this segment of the RIPAOZ involving designating the properties located within 1,000 feet from his property into the RIPAOZ; and,
WHEREAS, on September 18, 2023, the City Council continued the duly noticed hearing for EA 22-05, GPA 22-01, and ZC 21-01 to the October 2, 2023 meeting of the City Council; and, WHEREAS, on October 2, 2023, the City Council held the continued public hearing for EA 22- 05, GPA 22-01, and ZC 21-01 at which time interested persons had an opportunity to testify in support of, or opposition to, the proposed ordinance, and at which time the City Council considered EA 22-05, GPA 22-01, and ZC 21-01; and,
WHEREAS, City Council of the City of Calimesa desires to approve Segment No. 2 of Zone Change 21-01, also known as ZC 21-01, adopting the RIPAOZ and amending various sections of the Zoning Code (Title 18 of the Calimesa Municipal Code).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA DOES ORDAIN AS FOLLOWS:

Section 1. The above recitals are all true and correct and constitute a material portion of this Ordinance.

Section 2. The City Council has reviewed and considered the information included in the General Plan, as amended by Resolution No. 2023-63, Zoning Code, and Staff Report for the Public Hearing and public testimony prior to taking action on the proposed ordinance, approving the Zone Change and related EIR, and adopting the MMRP.

Section 3. The proposed Project, Zone Change 21-01, also known as ZC 21-01, amending various sections of the Zoning Code (Title 18 of the Calimesa Municipal Code, has been environmentally

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Resolution No. 2023-61 is incorporated by reference, and made a part hereof as if fully set forth herein.

Section 5. Segment No. 2 of the RIPAOZ, as defined in the recitals of the Ordinance, and which contains properties known as Assessor Parcel Nos. contains the properties identified as Assessor Parcel Map Nos. 410-080-045, 410-080-006, 410-181-013 (Area 1) and 411-171-018 and 411-171-041 (Area 2), which are proposed to be added into newly created RIPAOZ Areas 1 and 2. is hereby approved, inclusive of the provisions contained in Sections 6 through 12 of this Ordinance. The property within Segment No. 2 is hereby designated as being within Areas 1 and 2 of the RIPAOZ. The location and boundaries of the property within Segment No. 2 of the RIPAOZ shall be as shown on the official zoning map of the City of Calimesa, California. This information is on file and available at the Community Development Department at Calimesa City Hall.

18.05.080 Zone districts established.

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4 services, facilitates integrated physical design, promotes a high level of design quality, facilitates development proposals responsive to current and future market conditions, and provides safe vehicular circulation patterns for residents and safety/service providers.

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5 Use RIPAOZ
Area 1
RIPAOZ
Area 2
E. Public/Quasi-Public Uses
Cemeteries, columbariums, mausoleums (including pet cemeteries) X X Churches and other religious institutions C C
Educational institutions (public and private schools, not including vocational schools):
a. Small (25 or fewer students) on sites with existing assembly uses and adequate off-street parking
b. Large (26 or more students)
P
C
P
C
Fire and police stations C C
Meeting places of nonprofit civic groups, community organizations, clubs, and lodge halls
C
C
Public libraries and museums C C
Public utility and public service substations, reservoirs, pumping plants, and similar installations, not including public utility offices C C F. Recreational Uses
Archery ranges X X
Fishing lakes (commercial and noncommercial) X X
Golf courses and customary appurtenant facilities, including clubhouses, restaurants and retail shops, except driving ranges and miniature golf courses
X X
Parks P P
Picnic grounds for day use only X X
G. Accessory Uses
Antennas, satellite dishes P P
Garages P P
Other accessory uses and structures located on the same site as a permitted use P P
Permanent outdoor storage within parking lot areas X X
H. Home Occupations
Subject to the provisions
of CMC 18.15.090, Home
occupation permits
I. Temporary Uses
Subject to the provisions
of CMC 18.151.130.

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6 Use RIPAOZ
Area 1
RIPAOZ
Area 2
K. Other Uses Similar to and No More Objectionable Than the Uses Identified Above
Subject to the provisions
of CMC 18.15.180
Determination of similar
use
Legend:

1. 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.

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7 Code, is hereby amended to add one new row as follows, with all other sections, subsections, and notes of Section 18.45.060 to remain the same:

P. RIPAOZ Design, Screening, and Privacy Standards. Multifamily housing within the RIPAOZ shall be constructed in the following manner:

2. All multifamily developments within the RIPAOZ shall be required to install a 7’ perimeter block wall to limit visual intrusion on surrounding development to the greatest extent possible.

3. Each dwelling unit within the RIPAOZ shall have a private (walled) patio or balcony.

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