Regular Meeting of the Calimesa City Council
Monday, October 2, 2023
CALL TO ORDER
ROLL CALL: MAYOR DAVIS, MAYOR PRO TEM HEWITT, COUNCIL MEMBER CERVANTEZ, COUNCIL MEMBER MANLY AND COUNCIL MEMBER MOLINA.
STAFF: CITY MANAGER KOLBOW, CITY ATTORNEY BARROW, CITY CLERK
GERDES, FINANCE DIRECTOR REID, PLANNING DIRECTOR LUCIA, PUBLIC
WORKS ENGINEER SHAKIR, CITY ENGINEER THORNTON, FIRE CHIEF O’CONNELL AND SHERIFF CAPTAIN PETERSON.
PLEDGE OF ALLEGIANCE
COMMUNICATIONS FROM THE PUBLIC
Pursuant to the Brown Act, this is the opportunity for members of the public to directly address the Council on any item within the Council’s subject matter jurisdiction.. Please note that this is also the time in which members of the public may address the Council on any item on the Consent Calendar. This is not the time for City Council discussion of non-agenda items. After receiving public comments, Council Members, or staff, after being recognized by the Mayor, may briefly respond to statements made by the public or questions posed by the public. In addition, Council Members may ask questions for clarification or make a referral to staff for factual information to be reported back to the Council at a later meeting.
APPROVAL OF THE AGENDA, CONSENT CALENDAR AND WAIVER OF FULL READING OF ORDINANCES This is the time for the City Council to notify the public of any changes to the agenda; such as removal of an agenda item, rearrangement of the agenda, postponement of an agenda item or continuance of an item to a future meeting. This is also the time for the City Council to remove items from the Consent Calendar for individual consideration. Waiver of full reading of ordinances does not take policy action or approve or disapprove any ordinances on the agenda, it simply means that the entire text of the ordinance will not be read.
Regular Meeting of the Calimesa City Council
Meeting Agenda
Monday, October 2, 2023 – 6:00 p.m.
Norton Younglove Multipurpose Senior Center
908 Park Avenue, Calimesa, CA 92320
William Davis, Mayor Wendy Hewitt, Mayor Pro Tem
Jeff Cervantez, Council Member John Manly, Council Member Linda Molina, Council Member Will Kolbow, City Manager Quinn Barrow, City Attorney The Calimesa City Council will be conducting this meeting in the Norton Younglove Senior Center. Members of the public may attend this meeting in person at the Norton Younglove Senior Center, 908 Park Avenue, Calimesa, CA 92320, or the public may view the City Council meetings live at https://www.facebook.com/cityof.calimesa or https://www.youtube.com/@calimesacity900/live beginning at 6:00 p.m.
Submission of Public Comments: If attending the meeting, public comment will be allowed by completing a speaker slip and providing it to the City Clerk at the meeting. Please observe a time limit of three (3) minutes when giving your presentation. When called upon, please step forward to the microphone, state your name for the record, whom you represent and any statement you wish to make. Please be advised that you may not defer your three (3) minutes to another speaker.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Clerk’s Office, (909) 795-9801. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. Any public writings distributed by the City to at least a majority of the Council Members regarding any item on this regular meeting agenda will be made available at the public counter at City Hall located at 908 Park Avenue, Calimesa, CA 92320.
AMENDED
Council Member Manly will be attending the meeting from the following remote location:
Holiday Inn Express, 4360 Town Center Blvd., Eldorado Hills, CA 95762 Regular Meeting of the Calimesa City Council
Monday, October 2, 2023
RECOMMENDATION: Move to approve the agenda and consent calendar Motion________________________ Second_______________________ Vote___________________________ CONSENT CALENDAR (Items 1 – 6)
The following items on the Consent Calendar are routine and customary items and are enacted by a single motion, with the exception of items previously removed during “Approval of the Agenda” for individual consideration. Any items removed shall be individually considered immediately after taking action on the Consent Calendar.
1. APPROVAL OF CITY COUNCIL ACTION MINUTES.
a) City Council action minutes of a regular meeting of September 18, 2023.
2. RECEIVE AND FILE CITY COMMISSION & BOARD MINUTES.
a) There are no minutes ready for approval at this time
3. APPROVAL OF WARRANT REGISTERS.
a) Check Register Report with a total of $75,870.27 (Check Nos. 40901 to 40966) b) September 14, 2023 Payroll of $99,783.34.
4. MEMORANDUM OF UNDERSTANDING FOR PLAN REVIEW SERVICES AND ONSITE
WASTEWATER TREATMENT SYSTEMS WITH RIVERSIDE COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH (“DEH”).
RECOMMENDATION: That the City Council approve a Memorandum of Understanding between the City of Calimesa and Riverside County Department of Environmental Health for plan review services and Onsite Wastewater Treatment Systems (OWTS) and authorize the City Manager to execute the Agreement.
5. ADVANCED LIFE SUPPORT FIRST RESPONDER AGREEMENT BY AND BETWEEN THE CITY OF CALIMESA AND AMERICAN MEDICAL RESPONSE RIVERSIDE COUNTY.
RECOMMENDATION: That the City Council approve the ALS First Responder Agreement between the City of Calimesa and American Medical Response (AMR) for the purposes pursuant to the implementation and maintenance of an Advanced Life Support (ALS) Paramedic program for the City of Calimesa Fire Department with Resolution 2023-65 and direct and authorize the City Manager/Fire Chief to execute the ALS First Responder Agreement between AMR, required for the purpose of governance, to operate in-kind, with American Medical Response (AMR) Riverside for the purposes of providing Fire Department Advanced Life Support Paramedic Services
6. FEDERAL EXCESS PERSONAL PROPERTY (FEPP) COOPERATIVE AGREEMENT
RENEWAL BETWEEN THE CITY OF CALIMESA AND CAL FIRE
RECOMMENDATION: That the City Council adopt Resolution No. 2023-66 approving the renewal of the cooperative agreement with CAL FIRE to continue participation in the Federal Excess Personal Property (FEPP) program and allow staff (Fire Chief) to acquire, when deemed necessary, suitable equipment and apparatus for use by the City of Calimesa Fire Department
Regular Meeting of the Calimesa City Council
Monday, October 2, 2023
PUBLIC HEARINGS
The order of business for the Public Hearing shall be:
Open Public Hearing
Staff Presentation
Applicant/Representative Presentation
Public Testimony
Applicant Rebuttal (if necessary)
Public Testimony Closed
. Close Public Hearing
Council Discussion
Council Motion and Vote
Speakers are encouraged to be brief and remain within the established time limit of three (3) minutes per speaker. Once the public hearing has been closed, no further testimony will be taken.
7. PUBLIC HEARING: ANNEXATION OF CERTAIN PROPERTY TO (A) CITY OF CALIMESA COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SUMMERWIND TRAILS) AS ANNEXATION NO. 2 (ADDING IMPROVEMENT AREA NO. 3) AND (B) CITY OF CALIMESA PUBLIC SERVICES COMMUNITY FACILITIES DISTRICT NO. 1 (LAW ENFORCEMENT, FIRE, PARAMEDIC AND PARK MAINTENANCE SERVICES) AS ANNEXATION NO. 4; AND DESIGNATION OF FUTURE ANNEXATION AREA FOR SAID CFD NO. 1 RECOMMENDATION: That the City Council:
1. Hold a public hearing to annex the commercial portion of the Summerwind Commons development into CFD No. 2018-1 (Summerwind Trails) Improvement Area No. 3;
2. Adopt Resolution 2023-55, a Resolution Determining Validity of Prior Proceedings and Calling an Election for Annexation No. 2 to be Designated as Improvement Area No. 3;
3. Conduct election for annexation of Improvement Area No. 3 to CFD No. 2018-1 (Summerwind Trails);
4. Adopt Resolution 2023-56, a Resolution Canvassing Results of Election to annex Improvement Area No. 3 to CFD No. 2018-1 (Summerwind Trails);
5. Adopt Resolution 2023-57, a Resolution Annexing Improvement Area No. 3 into CFD No. 2018- 1;
6. Hold a public hearing to (a) annex the Summerwind Commons development into CFD No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) as Annexation Area No. 4 and (b) designate Future Annexation Area;
7. Adopt Resolution 2023-58, a Resolution Determining Validity of Prior Proceedings, Calling an Election for Annexation Area No. 4 and Approving Future Annexation Area;
8. Conduct election for annexation of Annexation Area No. 4 to CFD No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services);
9. Adopt Resolution 2023-59, a Resolution Canvassing Results of Election to annex Annexation Area No. 4 to CFD No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services); and
10.Adopt Resolution 2023-60, a Resolution Annexing Annexation Area No. 4 into CFD No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services).
Regular Meeting of the Calimesa City Council
Monday, October 2, 2023
8. PUBLIC HEARING: ENVIRONMENTAL ASSESSMENT 22-05, GENERAL PLAN AMENDMENT 22-01, AND ZONE CHANGE 21-01 FOR THE RESIDENTIAL INFILL PRIORITY AREA OVERLAY ZONE PROJECT.
RECOMMENDATION: That the City Council:
1. Adopt CC Resolution 2023-61, approving Environmental Assessment 22-05, certifying the Environmental Impact Report for the Residential Infill Priority Area Overlay Zone (SCH# 2022030754), and adopting a Mitigation Monitoring and Reporting Program.
2. Adopt CC Resolution 2023-62, approving Segment No. 1 of General Plan Amendment 22-01 for the Residential Infill Priority Area Overlay Zone.
3. Adopt CC Resolution 2023-63 approving Segment No. 2 of General Plan Amendment 22-01 for the Residential Infill Priority Area Overlay Zone.
4. Adopt CC Resolution 2023-64, approving Segment No. 3 of General Plan Amendment 22-01 for the Residential Infill Priority Area Overlay Zone.
5. Introduce Ordinance No. 392, approving Segment No. 1 of Zone Change 21-01 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).
6. Introduce Ordinance No. 393, approving Segment No. 2 of Zone Change 21-01 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).
7. Introduce Ordinance No. 394, approving Segment No. 3 of Zone Change 21-01 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).
MAYOR & COUNCIL MEMBER REPORTING OF COUNTY & REGIONAL MEETINGS/CONFERENCES This is the time for general comments, announcements, reports on meetings attended at public expense as required by AB 1234, requests of staff, and other issues of concern to Council Members may be presented briefly at this time. The Council may not legally take action on any item presented at this time other than to direct staff to investigate a complaint or place an item on a future agenda unless (1) by a majority vote, the Council determines that an emergency situation exists, as defined by Government Code § 54956.5 or (2) by a four-fifths vote, the Council determines that there is a need for immediate action and the need for action arose subsequent to the agenda being posted as required by Government Code § 54954.2(b).
CITY MANAGER COMMENTS & REPORTS
ADJOURNMENT
Adjourn to the Regular Meeting of the City Council on October 16, 2023 at 6:00 p.m.
City Council Meeting
Agenda Report
Agenda Item No. 1
SUBJECT: APPROVAL OF CITY COUNCIL MEETING MINUTES
MEETING DATE: October 2, 2023
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the action minutes as presented for the Regular City Council meeting of September 18, 2023.
ATTACHMENTS:
Attachment A: City Council action minutes of September 18, 2023 regular meeting.
City Council Meeting
Agenda Report
Agenda Item No. 2
SUBJECT: APPROVAL OF COMMISSION MEETING MINUTES
MEETING DATE: October 2, 2023
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk There are no minutes ready for approval at this time.
City Council Meeting
Agenda Report
Agenda Item No. 3
SUBJECT: APPROVAL OF WARRANT REGISTER
MEETING DATE: October 2, 2023
PREPARED BY: Celeste Reid, Finance Director
RECOMMENDATION: That the City Council approve the Warrant Register as presented.
SUMMARY: The attached Check Register Report for City Council’s approval is as follows:
a) Check Register Report with a total of $75,870.27 (Check Nos. 40901-40966) b) September 14, 2023 Payroll of $99,783.34
City Council Meeting
Agenda Report
Agenda Item No. 4
SUBJECT: MEMORANDUM OF UNDERSTANDING FOR PLAN REVIEW
SERVICES AND ONSITE WASTEWATER TREATMENT SYSTEMS
WITH RIVERSIDE COUNTY DEPARTMENT OF
ENVIRONMENTAL HEALTH (“DEH”)
MEETING DATE: October 2, 2023
PREPARED BY: Kelly Lucia, Planning Director
RECOMMENDATION: That the City Council approve a Memorandum of Understanding between the City of Calimesa and Riverside County Department of Environmental Health for plan review services and Onsite Wastewater Treatment Systems (OWTS) and authorize the City Manager to execute the Agreement.
BACKGROUND/DISCUSSION: As the City Council is aware, Calimesa has been experiencing an increase in both large-scale and small-scale development throughout the last several years.
As such, in an effort to ensure compliance with the Local Agency Management Program (LAMP) to the Regional Water Control Board staff is recommending assistance from the Riverside County Department of Environmental Health.
The State Water Resources Control Board (State Water Board) adopted the Water Quality Control Policy for Siting, Design, Operation and Maintenance of Onsite Wastewater Treatment Systems (OWTS Policy) for wastewater treatment systems in June 2012. Local agencies were given the option to adopt the statewide minimum standards or propose a LAMP to the Regional Water Control Board for approval. Calimesa opted for the statewide standards and has implemented regulations therein. Approval of this MOU will require the City to abide by the Riverside County LAMP and rescind any and all existing OWTS ordinances, rules and regulations, if applicable.
With their expertise in this field, DEH will provide assistance in environmental planning review, technical assistance and plan review for onsite wastewater treatment systems. Staff is confident that the County has the knowledge and resources to provide the required services. DEH successfully performs the services above for other local and similarly sized jurisdictions.
FISCAL IMPACT: No fiscal impact is anticipated. All costs for plan review services will be paid by the applicant (developer and/or resident) directly to the County.
ATTACHMENTS:
Attachment A: Riverside County Environmental Health MOU
1 MEMORANDUM OF UNDERSTANDING
BETWEEN
RIVERSIDE COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH
AND
THE CITY OF
This Memorandum of Understanding (MOU) is made and entered into by and between the CITY OF , hereinafter referred to as “CITY” and the COUNTY OF RIVERSIDE, DEPARTMENT OF ENVIRONMENTAL HEALTH, hereinafter referred to as “COUNTY”, to be effective on the date approved by both parties.
I. RECITALS
WHEREAS, CITY desires Environmental Planning review, Technical Assistance, and Plan Review for the evaluation that a project’s development ensures the protection of public health and the environment and;
WHEREAS, CITY desires Environmental Planning review, Technical Assistance, and Plan Review for Onsite Wastewater Treatment Systems (OWTS) in accordance with the Riverside County Local Agency Management Program (LAMP) and; WHEREAS, CITY does not have an approved LAMP and;
WHEREAS, COUNTY’s LAMP was approved by the Regional Water Quality Control Board and;
WHEREAS, CITY desires to abide by the Riverside County LAMP and; WHEREAS, CITY agrees to rescind any and all existing OWTS ordinances, rules and regulations, if applicable, prior to COUNTY’S review to avoid conflicting and duplicative rules and regulations and;
Attachment 4A
2 WHEREAS, CITY agrees to allow for billing of permit fees by COUNTY for services to be rendered, according to County of Riverside Ordinance No. 640 and; WHEREAS, COUNTY has personnel with sufficient training and expertise to provide such services in accordance with the applicable regulations, statutes, and guidance and;
WHEREAS, COUNTY is prepared to provide such services under the terms and conditions set forth in this Memorandum of Understanding; and WHEREAS, CITY and COUNTY agree to now enter into this Memorandum of Understanding for a period of five (5) years;
NOW THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, the parties mutually agree as follows:
II. TERMS AND CONDITIONS
A. SUMMARY
The CITY requires professional services as described herein from the COUNTY for review of Onsite Wastewater Treatment Systems (OWTS) and the evaluation that a project’s development ensures the protection of public health and the environment.
B. TERM
The term of this MOU shall be effective on the date of execution. The MOU shall continue in effect for up to 5 five years, or until terminated as outlined in Section IV below.
3 C. SERVICES TO BE RENDERED
1) General Comment on County Services
COUNTY will provide the services listed for plans submitted directly to the COUNTY.
2) Plan Review Services
a) COUNTY will provide plan review of OWTS for commercial and residential applications within the CITY. This review will include inspections of the property and technical review of the soil percolation study to ensure compliance with the Riverside County LAMP. Requests for an OWTS shall be accompanied by a City application and/or building permit and shall be submitted in an acceptable format by the project proponent to a COUNTY office for review. The project proponent shall be responsible for the payment of any applicable fees, as established in County Ordinance 640 and codified in Riverside County Code, Ch. 4.52 for the type of review requested at the time of submission of the request, to cover the cost of services provided. All such review shall be provided within fifteen (15) working days of submittal of a completed application.
b) COUNTY will evaluate CITY permits for referral to the appropriate COUNTY programs.
3) Planning Review:
a. COUNTY will provide environmental planning review to the CITY for projects proposing OWTS, to ensure compliance with Riverside County LAMP.
b. COUNTY will provide environmental planning review to evaluate that a project’s development will not negatively affect human health and the Environment. This assessment will include the COUNTY’s review of the
4 project scope, site history, and may include a request for other site related documents. Other related documents may include but are not limited to Phase I/II Environmental Site Assessment (ESA) reports. 4) Inspection/Review of Annual Evaluation for Advanced Treatment Systems (ATS) COUNTY will provide inspection and/or review of the annual evaluation report for ATSs as required in the LAMP. The project proponent and/or property owner shall be responsible for the payment of any applicable fees, as established in County Ordinance 640 and codified in Riverside County Code, Ch. 4.52, to cover the cost of services provided.
5) OWTS excluded services
Services to be rendered specifically exclude COUNTY response to and enforcement of any complaints regarding malfunction or failure of an OWTS. CITY agrees to enact any ordinances or regulations necessary to enforce the correction of any failure of any OWTS, and to enforce in a manner consistent with the LAMP. 6) Conflicting OWTS Regulations
CITY shall rescind or suspend for the duration of this agreement and any subsequent renewals, any and all ordinances, regulations or other mandatory laws regarding OWTS systems within the CITY to avoid duplication of laws or conflicting laws. CITY shall also enact necessary implementation ordinances, regulations or other laws that would allow the provisions of the LAMP to control within the CITY’s border and also that would allow COUNTY to provide services under the LAMP.
D. PAYMENT FOR SERVICES
CITY shall enact any necessary ordinances to allow for COUNTY to directly bill any applicant.
5 E. PERSONNEL
The services provided by the COUNTY shall be performed by COUNTY personnel under the control and direction of COUNTY. To the extent that CITY personnel may also participate in any of the activities herein provided for, CITY agrees to conduct those activities in accordance with the COUNTY LAMP, and any expenses by the CITY in this process shall be borne by CITY.
E. MUTUAL HOLD HARMLESS/INDEMNIFICATION
1) CITY agrees to defend, indemnify, and hold harmless COUNTY, its directors, officers, agents, Board of Supervisors, elected and appointed officials, employees, and representatives from and against any liability, damages, costs, losses, claims and expenses, based or asserted upon any services of COUNTY, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this MOU, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever and resulting from any reason whatsoever arising from the performance of COUNTY under this MOU, its officers, agents, employees, subcontractors, agents or representatives.
2) In the event there is conflict between this foregoing clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve CITY from indemnifying the COUNTY to the fullest extent allowed by law.
3) With respect to any action or claim subject to indemnification herein by CITY, CITY shall, at their sole cost, have the right to use counsel of their own choice, subject to approval of COUNTY, which shall not be unreasonably withheld,
6 and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of COUNTY provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CITY’S indemnification to COUNTY as set forth herein. CITY’S obligation to defend, indemnify and hold harmless COUNTY shall be subject to COUNTY having given CITY written notice within a reasonable period of time of the claim or of the commencement of the related action as the case may be, and information and reasonable assistance, at COUNTY’S expense, for the defense or settlement thereof. CITY’S obligation hereunder shall be satisfied when CITY has provided to COUNTY the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved. 4) COUNTY agrees to defend, indemnify, and hold harmless CITY, its directors, officers, agents, City Council, elected and appointed officials, employees, and representatives from and against any liability, damages, costs, losses, claims and expenses, based or asserted upon any services of CITY, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this MOU, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever and resulting from any reason whatsoever arising from the performance of CITY under this MOU, its officers, agents, employees, subcontractors, agents or representatives.
5) In the event there is conflict between this foregoing clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve COUNTY from indemnifying the CITY to the fullest extent allowed by law.
6) With respect to any action or claim subject to indemnification herein by COUNTY, COUNTY shall, at their sole cost, have the right to use counsel of
7 their own choice, subject to approval of CITY, which shall not be unreasonably withheld, and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of CITY provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes COUNTY’S indemnification to CITY as set forth herein.
COUNTY’S obligation to defend, indemnify and hold harmless CITY shall be subject to CITY having given COUNTY written notice within a reasonable period of time of the claim or of the commencement of the related action as the case may be, and information and reasonable assistance, at CITY’S expense, for the defense or settlement thereof. COUNTY’S obligation hereunder shall be satisfied when COUNTY has provided to CITY the appropriate form of dismissal relieving CITY from any liability for the action or claim involved.
III. AMENDMENTS
Any amendment, modification, or variation from the terms of this MOU shall be in writing and shall be effective only upon mutual approval by the authorized parties.
IV. TERMINATION
Either CITY or COUNTY may terminate this MOU at any time by giving (30) days written notice with or without cause to the designated contacts. Upon receipt of any notice of termination on the agreed upon effective date of termination services shall cease thereafter. Upon termination of this MOU, any OWTS under permit and subject to annual inspection shall revert to the CITY for inspection and permitting. Any fees paid to the COUNTY for an annual permit prior to notification of termination, shall not be refunded by the COUNTY.
8 V. COMPLETE MEMORANDUM OF UNDERSTANDING
This written MOU, including all writings specifically incorporated hereby in reference, shall constitute the complete MOU between the parties hereto. No oral agreement or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement or representation be binding upon the parties hereto. Any previous agreements between the CITY and COUNTY, whether oral or written, with regards to the activities outlined in Section II.C of this MOU, shall be supplanted by this MOU. Other agreements or contracts between the CITY and COUNTY, not involving OWTS, shall be unaffected by this MOU.
VI. JURISDICTION/VENUE
This MOU shall be governed by, and construed in accordance with, the laws of the State of California. CITY agrees and consents to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this MOU and further agrees and consents that venue of any action brought hereunder shall be exclusively in the County of Riverside.
9 VII. NOTICE
All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows:
CITY: COUNTY:
County of Riverside
Department of Environmental Health
4065 County Circle Drive
Riverside, CA 92503
VIII. AUTHORITY TO EXECUTE MEMORANDUM OF UNDERSTANDING
Both CITY and COUNTY do covenant to each individual executing this MOU on behalf of each party is a person duly authorized.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
CITY OF
_________________________________ Dated:
COUNTY OF RIVERSIDE
_________________________________ Dated:
Jeff Johnson, Director of Environmental
Health
APPROVED AS TO FORM:
10 Minh C. Tran
County Counsel
__________________________________ Dated: ___________________________ Caroline K. Monroy, Deputy County Counsel
City Council Meeting
Agenda Report
Agenda Item No. 5
SUBJECT: ADVANCED LIFE SUPPORT FIRST RESPONDER AGREEMENT
BY AND BETWEEN THE CITY OF CALIMESA AND AMERICAN
MEDICAL RESPONSE RIVERSIDE COUNTY
MEETING DATE: October 2, 2023
PREPARED BY: Tim O’Connell, Fire Chief
RECOMMENDATION: That the City Council approve the ALS First Responder Agreement between the City of Calimesa and American Medical Response (AMR) for the purposes pursuant to the implementation and maintenance of an Advanced Life Support (ALS) Paramedic program for the City of Calimesa Fire Department with Resolution 2023-xx and direct and authorize the City Manager/Fire Chief to execute the ALS First Responder Agreement between AMR, required for the purpose of governance, to operate in-kind, with American Medical Response (AMR) Riverside for the purposes of providing Fire Department Advanced Life Support Paramedic Services.
BACKGROUND: The purpose of this request is to facilitate an Advanced Life Support (ALS) First Responder Agreement between the City of Calimesa Fire Department and American Medical Response Riverside for Medical Direction/Administration, Training, Continuous Quality Improvement – Quality Assurance, Equipment Exchange, and the operational oversight recommended and required to establish and provide a comprehensive First Responder Advanced Life Support Pre-Hospital Care Paramedic Services program, by qualified and licensed City of Calimesa Fire Personnel.
DISCUSSION: American Medical Response currently provides Basic Life Support (BLS) and Advanced Life Support pre-hospital care and transport services to the Riverside County Operational area, which includes the City of Calimesa. A “Public- Private Partnership,” with AMR for the purposes of this system’s services enhancement, will ensure a continued, high level of service, and was selected as being one of the most cost-effective and expeditious routes for this service level increase. The services obtained will be exchanged “in-kind,” for the governance, supervision, restock of supplies and medications, Continuous Quality Improvement, Training and Medical Oversight, in leu of credit for an increase in ambulance response times whereas Calimesa Fire Paramedics will be considered the first arriving advanced life support resource for the purposes of Response Time Standards.
FISCAL IMPACT: This ALS First Responder Operating Agreement does not realize a direct fiscal impact or contract cost associated with the Adopted Budget.
ATTACHMENTS:
Attachment A: AMR – Calimesa ALS First Responder Agreement Attachment B: Schedule “A” Calimesa – AMR First Responder Agreement Attachment C: Resolution 2023-65
First Responder Agreement
Confidential and Proprietary P
A
G
E
ALS FIRST RESPONDER AGREEMENT
(AMR & CITY OF CALIMESA)
THIS ALS FIRST RESPONDER AGREEMENT
(“Agreement”) is made between the American
Medical Response Ambulance Service, Inc. (“AMR”)
and the City of Calimesa (the “First Responder”). This
Agreement is effective as of the Commencement Date
as defined in Schedule “A” attached hereto. AMR and
First Responder are sometimes individually referred to
as “Party” and collectively as “Parties” in this
Agreement.
WHEREAS, AMR is the emergency medical services
provider in Riverside County, California (the
“County”) and has entered in a Ground Advanced Life
Support Emergency Ambulance Services agreement
with the County, effective July 1, 2015, with an initial term of five (5) years and with the ability for up to ten (10) additional one (1) year “earned extensions”
through June 30, 2030 (“County 911 Agreement”);
WHEREAS, the emergency ambulance services that
AMR is to provide in the County, including in the
Pass zone and First Responder’s service area, is
defined in the County 911 Agreement (“AMR
Emergency Ambulance Services”);
WHEREAS, the County 911 Agreement permits
AMR additional time to respond for a transport when
it enters into public/private partnerships with agencies which can arrive on-scene and provide Advanced Life
Support (“ALS”) services to patients first;
WHEREAS, AMR shall receive benefit in the form of
costs savings in an extended response time when an
ALS first responder arrives before AMR and begins
caring for the patient;
WHEREAS, AMR wishes to retain First Responder
to perform ALS first responder services within the
service area defined in Schedule “A” attached hereto
(“Service Area”) in order for AMR to receive
additional time to respond under the County 911
Agreement; and
WHEREAS, First Responder wishes to perform, and
is capable of performing, ALS first responder services
within the Service Area pursuant to the terms of this
Agreement.
NOW THEREFORE, in consideration of the
foregoing and for other good and valuable
consideration, the receipt and sufficiency of which is
hereby acknowledged, the Parties hereto agree as
follows:
1. Provision of Services. First Responder will
provide the ALS first responder services
described in Schedule “A” attached hereto (the
“Services”) to patients who are responded to as
part of the County EMS System (as defined in the
County 911 Agreement) (“Patients”) on the
conditions, if any, described in Schedule “A”
attached hereto and in the Service Area.
2. Compliance with Laws. The Parties will comply
in all material respects with all applicable federal
and state laws and regulations, including the
federal Anti-kickback statute. Each Party’s
vehicles will conform to applicable state
regulations and AMR’s vehicles will be duly
licensed for the transportation of Patients. All
First Responder personnel staffing vehicles that
provide the Services and all AMR personnel
staffing vehicles that provide AMR Emergency
Ambulance Services will be licensed or certified
as required by applicable law. Nothing in this
agreement shal be construed in any manner to
abrogate or diminish this grant of authority or
AMR’s qualifications to receive such exclusive
authority under existing law;
3. Term. Unless earlier terminated as provided for
in Section 4 below, the term of this Agreement
shall commence on the Commencement Date set
out in Schedule “A” attached hereto, and shall
continue in full force and effect through the term
and any earned extensions or other renewal terms
of the County 911 Agreement (“Term”).
Notwithstanding the foregoing, in no event will
the Term of this Agreement go beyond the term
and any earned extensions or other renewal terms
of the County 911 Agreement.
4. Termination. Either Party may terminate this
Agreement: (a) at any time without cause and at
its sole discretion upon ninety (90) days written
notice to the other Party; (b) upon the material
breach of this Agreement by the other Party, if
such breach is not cured within thirty (30) days of
written notice thereof to the other Party; or (c)
upon the implementation of a new first responder
agreement directly with the County.
Notwithstanding the foregoing, AMR may
terminate this Agreement immediately upon: (i)
the failure of First Responder to meet the
Response Time Standard provided in Schedule
“A” attached hereto two (2) months in a row or
three (3) months in any twelve (12) month rolling
period; or (ii) following First Responder’s loss or
suspension of licensure necessary for the
provision of the Services or reduction or loss of
First Responder’s insurance coverage below the
minimum required under this Agreement.
5. Standards for Services. Each Party represents
and warrants to the other Party that any and all
services they provide shall be provided in
accordance with prevailing industry standards of
quality and care applicable to those services
Attachment 5A
First Responder Agreement
Confidential and Proprietary P
A
G
E
provided and the standards required by the
County. All requirements of the County 911
Agreement applicable to the Services provided by
First Responder are incorporated herein. The
Parties represent that there are no terms within
this Agreement that are inconsistent with the
requirements of the County 911 Agreement
applicable to the Services provided by First
Responder. In the event of any amendment to, or
interpretation of, the County 911 Agreement
which would create an inconsistency between the
requirements applicable to the Services provided
by First Responder and the terms of this
Agreement, AMR shall immediately bring them
to the attention of First Responder and the Parties
shall negotiate in good faith an amendment to this
Agreement to address the inconsistency.
6. No Billing by First Responder for Ambulance
Transport Services. First Responder shall not
bill any Patient, third-party payer or any other
source for any ambulance transport services.
7. Response Time Extension. As consideration for
the Services provided under this Agreement and
the benefits received by the City of Calimesa
from AMR, (as discussed in the recitals above),
AMR shall receive and additional 2 minutes for a
response time of 11 minutes and 59 seconds
within the City of Calimesa.
8. Response Time Penalties: First Responder will
invoice AMR for any late penalties imposed on a
quarterly basis. AMR shall make payments
within forty-five (45) days of date of such
invoice.
9. AMR Transport of City Personnel. If AMR
responds a BLS ambulance due to the
unavailability of an ALS ambulance, for
transports not identified in the Countyity of
Riverside FD Medical Priority Dispatch Service
(MPDS) matrix form for a BLS response, AMR
shall reimburse the city $200 each time a
firesighter must accompany a patient in a BLS
ambulance provided that doing so is clinically
indicated. AMR will be billed for this on a
quarterly basis by City.
10. Restocking of Supplies. AMR shall restock
First Responder in the field on a one-for-one
basis for disposable supplies and non-regulated
medications used for treatment by First
Responder for patients that AMR transports.
Should restock fail to occur in the field, First
Responder may contact AMR Supervisor to
obtain restock.
11. Continuous Quality Improvement (CQI)
Training and Medical Oversight
Under the direction of AMR’s Medical Director,
AMR shall institute a continuous quality and
quality assurance plan known as a CQI Program
as part of this agreement and the Department’s
establishment of an ALS paramedic program.
The Department will work under and follow
AMR’s CQI program. The Department
understands and agrees that REMSA requires an
annual review of the CQI plan and that all
updates must be submitted to REMSA prior to
their implementation but no later than December
31 of the same year.
12. Record Retention. First Responder will retain
books and records respecting Services rendered
to Patients for the greater of ten (10) years or the
time periods required under all applicable laws
(including the requirements of the Secretary of
Health and Human Services (“HHS”)) and allow
access to such books and records by duly
authorized agents of the Secretary of HHS, the
Comptroller General and others to the extent
required by law.
13. Audit Rights. Each Party shall, within a
reasonable amount of time after written notice
from the other, provide representatives of the
other Party or the U.S. Government (as specified
in the notice), with access to all records,
documents, fiscal and accounting data, and other
information (whether in paper form, microform,
electronic media or other form) that relate to this
Agreement. This obligation shall survive for a
period of three (3) years following final payment
under this Agreement or until such later time as
required under applicable law and regulation.
14. Indemnity. Each Party will indemnify and hold
the other Party harmless from and against
liability claims resulting from or alleged to result
from any negligence or willful misconduct of the
indemnifying Party related to the indemnifying
Party’s performance of this Agreement or the
County 911 Agreement.
15. Insurance. The Parties currently maintain and
will maintain during the Term of this Agreement
liability insurance policies for claims that may
arise out of the services provided under this
Agreement or the County 911 Agreement. The
Parties shall maintain comprehensive general and
automobile liability coverage with limits no less
than the amounts set forth in the County 911
Agreement. The Parties shall maintain medical
professional liability coverage with limits no less
than the amounts set forth in the County 911
Agreement. The Parties shall maintain workers’
compensation insurance in the statutory required
amounts. The Parties shall exchange, upon
execution of this Agreement, certificates of
insurance evidencing coverage. Notwithstanding
the foregoing, either Party may self-insure any or
First Responder Agreement
Confidential and Proprietary P
A
G
E
all of the noted coverages, provided they are able
to document sufficient reserves to cover
exposures in the amounts noted above. In the
event of self-insured coverage, the Party shall
provide a letter evidencing such reserves to the
other Party. Coverage shall not be changed or
modified without using best efforts to at least
thirty (30) days prior written notice to the other
Party.
16. Notices. Any notice required or permitted by this
Agreement shall be in writing and shall be
delivered as follows, with notice deemed given as
indicated: (a) by personal delivery, when
delivered personally; (b) by overnight courier,
upon written verification of receipt; (c) by
facsimile transmission, upon acknowledgment of
receipt of electronic transmission; or (d) by
certified or registered mail, return receipt
requested, upon verification of receipt. Notice
shall be sent to the following addresses:
IF TO FIRST RESPONDER:
Fire Chief
City of Calimesa
908 Park Avenue
Calimesa CA, 92320
IF TO AMR:
Regional Director
American Medical Response
879 Marlborough Avenue
Riverside, CA 92507
With Mandatory Copy to:
Legal Department
American Medical Response, Inc.
6200 South Syracuse Way, Suite 200
Greenwood Village, Colorado 80111
17. Confidentiality. All information with respect to
the operations and business of a Party (including
but not limited to the rates charged hereunder)
and any other information considered to be and
treated as confidential by that Party gained during
the negotiation or Term of this Agreement will be
held in confidence by the other Party and will not
be divulged to any unauthorized person without
prior written consent of the other Party, except
for access required by law, such as the California
Public Records Act, regulation and third party
reimbursement agreements. The obligations
under this section shall not apply to information
which (a) at the time of disclosure is in the public
domain or, after disclosure, enters the public
domain other than by breach of this Agreement;
or (b) is already in the possession of the recipient
at the time of disclosure and is not acquired from
the other Party; or (c) is later received on a nonconfidential basis from a third party having the right to impart such information; or (d) is
independently developed by the recipient’s
employees who did not have access to such
information in connection with this Agreement.
18. HIPAA Compliance. Each Party shall comply
with the privacy provisions of the Health
Insurance Portability and Accountability Act of
1996 and the regulations thereunder (“HIPAA”),
and with such other requirements of HIPAA that
may become effective during the Term. All
Patient medical records shall be treated as
confidential so as to comply with all state and
federal laws.
19. Relationship. In the performance of this
Agreement, each Party shall be, as to the other,
an independent contractor, and neither Party shall
have the right or authority, express or implied, to
bind or otherwise legally obligate the other.
Nothing contained within this Agreement shall be
construed to constitute either Party assuming or
undertaking control or direction of the operations,
activities or medical care rendered by the other.
As to either Party’s employees, nothing contained
herein shall be construed in such a manner as to
give effect to the notion that either Party shall in
anyway assume responsibility for the oversight or
provision of the other Party’s employee benefits,
including but not limited to the payment of
wages, provision of health insurance, or any and
all other commonly accepted benefits of
employment.
20. Compliance Program and Code of Conduct.
AMR has made available to the First Responder a
copy of its Code of Conduct, Anti-kickback
policies and other compliance policies, as may be
changed from time-to-time, at AMR’s web site,
located at: www.amr.net, and the First
Responder acknowledges receipt of such
documents. AMR warrants that its personnel
shall comply with AMR’s compliance policies,
including training related to the Anti-kickback
Statute. No funds shall be used by the First
Responder in a manner that may violate 42
U.S.C. Section 1320a-7b, the federal AntiKickback Statute.
21. Non-Exclusion. Each Party represents and
certifies that neither it nor any practitioner or
employee who orders or provides services on its
behalf hereunder, has been convicted of any
conduct that constitutes grounds for mandatory
exclusion as identified in 42 U.S.C.§ 1320a-7(a).
Each Party further represents and certifies that it
is not ineligible to participate in Federal health
care programs or in any other state or federal
government payment program. Each Party
agrees that if DHHS/OIG excludes it, or any of
its practitioners or employees who order or
First Responder Agreement
Confidential and Proprietary P
A
G
E
provide services, from participation in Federal
health care programs, the Party must notify the
other Party within five (5) days of knowledge of
such fact, and the other Party may immediately
terminate this Agreement, unless the excluded
practitioner or employee immediately
discontinues ordering or providing services
hereunder.
22. Background Investigation. First Responder
warrants and represents that it has performed a
background investigation on employees who
provide Services or drive vehicles as part of the
Services (“Background Investigation”). The
Background Investigation includes at least the
following:
Social Security Number Verification
Criminal Search (7 years or up to 5 criminal
searches)
Employment Verification to include reason for
separation and eligibility for re-employment for
each employer for 7 years
OIG List of Excluded Individuals/Entities
Sex Offender Registry
GSA List of Parties Excluded from Federal
Programs
Department of Motor Vehicle Driving History
State and Local Licensure Verification
Drug Screen
First responder also warrants and represents that
it shall perform a Background Investigation on
future employees who will provide Services or
drive vehicles as part of the Services. Upon
request and from time-to-time, First Responder
shall provide AMR with a continuing
certification of such Background Investigations.
Notwithstanding the foregoing, in no event shall
AMR or any other third party be entitled to any
information in, or report resulting from, such
Background Investigations.
23. Referrals. It is not the intent of either Party
that any remuneration, benefit or privilege
provided for under this Agreement shall influence
or in any way be based on the referral or
recommended referral by either Party of Patients
to the other Party or its affiliated providers, if
any, or the purchasing, leasing or ordering of any
services other than the specific services described
in this Agreement. Any payments specified
herein are consistent with what the Parties
reasonably believe to be a fair market value for
the services provided. First Responder represents
and warrants that the compensation it receives
from AMR is less than or equal to the costs of the
Services it provides.
24. Equal Employment Opportunity. If the
provisions of Executive Order 11,246 are
applicable to this Agreement, the Parties
incorporate the equal employment opportunity
clause set forth in 41 C.F.R. part 60-1. If the
provisions of Executive Order 13,496 are
applicable to this Agreement, the Parties
incorporate the clause set forth in 29 C.F.R. part
471, Appendix A to Subpart A.
25. Benefits. This Agreement is entered into for the
benefit of the Parties to this Agreement only and
shall confer no benefits, direct or implied, on any
third persons or parties. The Services provided by
First Responder under this Agreement represent
an extension and expansion of services the First
Responder owes to the public in general and by
entering into this Agreement the First Responder
does not intend to create a special relationship or
duty to the other Party or to the public served by
either Party.
26. Miscellaneous. This Agreement
(including the whereas recital clauses above and
Schedule “A” attached hereto, all of which are
expressly incorporated herein by reference): (a)
constitutes the entire agreement between the
Parties with respect to the subject matter hereof,
superseding all prior oral or written agreements
with respect thereto; (b) may be amended only by
written instrument executed by all Parties; (c)
may not be assigned by any Party without the
written consent of the other Party, provided such
consent not to be unreasonably withheld; (d) shall
be binding on and inure to the benefit of the
Parties hereto and their respective successors and
permitted assigns; (e) shall be interpreted and
enforced in accordance with the laws of the State
of California, without regard to the conflict of
laws provisions thereof, and the federal laws of
the United States applicable therein; (f) may be
executed in several counterparts (including by
facsimile or electronic transmission), each of
which shall constitute an original and all of
which, when taken together, shall constitute one
agreement; and (g) shall not be effective until
executed by both Parties. In the event of a
conflict between this Agreement and any
Schedule attached hereto, the terms of this
Agreement shall govern.
[SIGNATURES ON FOLLOWING PAGE]
First Responder Agreement
Confidential and Proprietary P
A
G
E
SIGNATURE PAGE FOR
201823
ALS FIRST RESPONDER AGREEMENT
(AMR & CITY OF CALIMESA)
IN WITNESS WHEREOF, the Parties have hereto executed this Agreement as of July 1, 2015 November1 2023 .
AMERICAN MEDICAL RESPONSE AMBULANCE SERVICE, INC.
By: ________________________________________
Edward B. Van Horne, CEO and President
By: ________________________________________
Jeremey Shumaker, Regional Director of Operations
CITY OF CALIMESA
By: ________________________________________
Attest: ________________________________________
First Responder Agreement
Confidential and Proprietary P
A
G
E
SCHEDULE “A”
I. Services:
First Responder shall provide advanced life support and basic life support (as defined in the County 911 Agreement) first response services to every emergency call dispatched through a Public Safety Answering Point to a call location within the Service Area defined below.
II. Service Area:
Services shall be provided within the City of Calimesa and its service areas (including those in which it provides contracted services).
III. Commencement Date:
The Commencement Date referred to in Section 3 of this Agreement shall be: XX/XX/XXXX.
IV. Response Times, Response Time Standards and Per Call Assessments:
1. For ALS Services, First Responder shall arrive on scene in nine (9) minutes and fifty-nine (59) seconds or less at least ninety percent (90%) of the time (“Response Time Standard”) for incidents that require a code three response per the Riverside County Medical Priority Dispatch System matrix (MPDS).
2. AMR ALS response shall arrive on scene in eleven (11) minutes and fifty-nine (59) seconds or less at least ninety percent (90%) of the time (“Response Time Standard”).
3. For BLS Service, First Responder shall arrive on scene in (20) minutes and (59) seconds or less at least ninety percent (90%) of the time for incident requiring a code two response per the Riverside County MPDS matrixUnless otherwise adjusted by the County of Riverside, AMR BLS shall arrive on scene in twenty-four (24) minutes and fifty-nine (59) seconds or less at least ninety percent (90%) of the time (“Response Time Standard”).
Response time for Services will be measured from the time the dispatch is received by the First Responder with all information necessary to respond to the call until the time the First Responder arrives on-scene (or in the case of a location other than the actual scene, the staging area or nearest accessible point, e.g., fence, apartment complex parking lot) or the call is cancelled (“Response Time”).
In accordance with the County 911 Agreement, First Responder and AMR shall report Response Times and Response Time Standards for Services quarterly along with explanations for any delayed responses in which the agency requests and exemption. Exemptions outlined in the County 911 Agreement, such as for dispatch errors, delays in dispatching for calls and other non-First Responder errors, will be removed from Response Time Standards calculations, as reasonably determined County. Only those exemptions which are outlined in the County 911 Agreement are acceptable.
Attachment 5B
RESOLUTION NO. 2023-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CALIMESA, CALIFORNIA, APPROVING AN ADVANCED LIFE
SUPPORT FIRST RESPONDER AGREEMENT BETWEEN THE
CITY AND AMERICAN MEDICAL RESPONSE.
WHEREAS, the City of Calimesa is a California municipal corporation located in the County of Riverside, State of California; and WHEREAS, the City of Calimesa City Council directed Fire Department staff (Chief) to transition from a Basic Life Support (BLS) service provider to an Advanced Life Support (ALS) paramedic pre-hospital care provider.
WHEREAS, the City desires to enter into an Operating Agreement with American Medical Response (AMR) for the purposes of (ALS) program operating and governance requirements as stipulated and required by relevant State Codes and County Ordinances pertaining to ALS Paramedic Program services as stipulated in the ALS First Responder Agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
Section 1 The City Council of the City of Calimesa does hereby approve the following documents: (a). Advanced Life Support (ALS) First Responder Agreement by and Between the City of Calimesa and American Medical Response (b). Exhibit A, Schedule “A” AMR & City of Calimesa ALS First Responder Agreement.
Section 2 The City Manager for City of Calimesa is hereby authorized to execute the Agreement and other documents specified in Section 1 of this Resolution on behalf of the City of Calimesa.
PASSED, APPROVED, and ADOPTED this 2nd day of October 2023. ________________________________
WILLIAM DAVIS, MAYOR
ATTEST:
___________________________
DARLENE GERDES, CITY CLERK
Attachment 5C
City Council Meeting
Agenda Report
Agenda Item No. 6
SUBJECT: FEDERAL EXCESS PERSONAL PROPERTY (FEPP)
COOPERATIVE AGREEMENT RENEWAL BETWEEN THE
CITY OF CALIMESA AND CAL FIRE
MEETING DATE: October 2, 2023
PREPARED BY: Tim O’Connell, Fire Chief
RECOMMENDATION: That the City Council adopt Resolution No. 2023-66 approving the renewal of the cooperative agreement with CAL FIRE to continue participation in the Federal Excess Personal Property (FEPP) program and allow staff (Fire Chief) to acquire, when deemed necessary, suitable equipment and apparatus for use by the City of Calimesa Fire Department.
BACKGROUND: The City of Calimesa has been a participant in the Federal Excess Personal Property Program (FEPP), which is a cooperative agreement program, whereby local government agencies may receive surplus United States Government apparatus and equipment, to be utilized for the purposes of fighting structural and wildland fires under the United States Forest Service Cooperative Forestry Assistance Act (CFAA), which is coordinated through the Department of Forestry & Fire Protection “CAL FIRE” Federal Property Unit. .
DISCUSSION: The City of Calimesa Fire Department currently maintains an FEPP Vehicle inventory consisting of a 2003 Types 3 Wildland engine, 2003 Types 2 Tactical Water Tender, and a 2005 4X4 Utility Truck. These vehicles have been invaluable when used for the mitigation of multiple emergency incidents within the City of Calimesa and the surrounding Riverside County Operational area during their assigned use by the Calimesa Fire Department. These assets lead to the overall reliability, concentration and distribution of resources and the ability to provide the adequate level of response capability needed by the city fire department during the initial response to many types of emergencies. These (FEPP) vehicles remain property of the federal government and are placed on a permanent loan status to the City for the duration of their remaining useful service life. The vehicles are obtained and require annual maintenance services, and in some cases repainting and graphics prior to being placed into service.
FISCAL IMPACT: The fiscal impact for participation in this program does not require additional funding. Annual service, required repairs, and maintenance are accounted for in the Adopted Budget General Fund Account established for Repair and Maintenance- Vehicles, Fund 01-4300- 7432.
ATTACHMENTS:
Attachment A: Federal Excess Personal Property (FEPP) Cooperative Agreement Number 993105 Attachment B: Resolution 2023-66
STATE OF CALIFORNIA NATURAL RESOURCES AGENCY Gavin Newsom, Governor “The Department of Forestry and Fire Protection serves and safeguards the people and protects the property and resources of California.” September 18, 2023
Tim O’Connell, Fire Chief
City of Calimesa Fire Department
908 Park Avenue
Calimesa, CA 92320
Subject: Federal Excess Personal Property (FEPP) Cooperative Agreement Number 993105 Dear Chief O’Connell:
Enclosed is a renewal Cooperative Agreement with CAL FIRE to continue participation in the Federal Excess Personal Property (FEPP) Program. Currently the department has three (3) federal property items as noted on Attachment A.
Included is a Want/Wish list form for you to complete, at your option. By filling out this form, this helps to give our office an idea of what the fire department needs, and we can work more efficiently as a team to acquire property.
If everything in the agreement is correct, please complete the following steps:
1. Review the agreement and sign page six (6),
2. Include a signed *resolution from the governing board/council approving continued participation in the FEPP Program. * Example included (do not have to use),
3. GSA PPMS Screener Request Form – to have access to view available property on GSA PPMS site,
4. Want/Wish List form,
5. Send the original agreement and additional paperwork listed above to:
CAL FIRE Federal Property Unit, P.O. Box 944246, Sacramento, CA 94244-2460 Attn: Alicia Hastings
Or scan and email to: [email protected] (Email is accepted and preferred) NOTE: Per the USDA Forest Service, without the resolution, the agreement is incomplete and will result in the inability of CAL FIRE to acquire future property items for the department.
A copy of the agreement will be emailed to you when the additional signatures have been obtained.
Thank you for your assistance in completing this agreement in a timely manner and please contact me if you have any questions or concerns.
Sincerely,
ALICIA HASTINGS
Federal Property Coordinator
[email protected]
(916) 955-4108
Enclosure
cc: Donovan Ozenne, Riverside Unit (RRU)
DEPARTMENT OF FORESTRY & FIRE PROTECTION
BUSINESS SERVICES OFFICE
Federal Property Unit
P. O. Box 944246
Sacramento, CA 94244-2460
(916) 955-4108
Website: www.fire.ca.gov
Attachment 6A
Agreement #: 993105
STATE OF CALIFORNIA
THE NATURAL RESOURCES AGENCY
DEPARTMENT OF FORESTRY AND FIRE PROTECTION (CAL FIRE)
COOPERATIVE AGREEMENT FOR THE
USDA FOREST SERVICE
FEDERAL EXCESS PERSONAL PROPERTY (FEPP) PROGRAM
Under the United States Forest Service Cooperative Forestry Assistance Act (CFAA) of 1978 This agreement is entered into by and between
THE STATE OF CALIFORNIA
DEPARTMENT OF FORESTRY AND FIRE PROTECTION (CAL FIRE)
AND
CITY OF CALIMESA FIRE DEPARTMENT
This agreement made and entered into this day of , 20 , by and between the State of California acting by and through the Director of the Department of Forestry and Fire Protection (CAL FIRE), hereinafter referred to as the STATE and the City of Calimesa Fire Department, hereinafter referred to as the COOPERATOR, covenants as follows:
I. PURPOSE
The STATE has been approved as an agent of the United States Department of Agriculture (USDA) Forest Service for administering Federal Excess Personal Property (FEPP) as part of the Cooperative Fire Protection Program, which allows the COOPERATOR to take custody and use FEPP property for wildland and rural community fire protection services.
II. MUTUAL INTEREST OF PARTIES
Both the STATE and the COOPERATOR have a mutual interest in the prevention, protection and suppression of all wildland and rural community fires near and adjacent to the property and the people of California.
III. AUTHORITIES
The Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. § 483) and the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. § 2106(c)) authorizes the FEPP Program as an element of the Cooperative Fire Protection Program (16 U.S.C. § 2106(b)). Under these authorities, the USDA Forest Service may lend FEPP property needed for wildland and rural community fire protection to the STATE and to local paid or unpaid fire departments for their use.
IV. RESPONSIBILITIES
THE COOPERATOR AGREES:
1. Primary use of FEPP property must be 90 percent for activities directly related to wildland and rural community fire protection; however, situations may occur that make this exclusive use impractical.
Non-fire emergency use of FEPP property is authorized and limited to no more than 10percent total usage. Abuse of the 10 percent non-fire use standard could result in recall of the property on loan, suspension from the program, or other sanctions.
Agreement #: 993105
2. FEPP property acquired by the COOPERATOR is not permitted to be rented, leased, loaned, or traded to another party; no exceptions. FEPP property is not permitted to be transferred or sold without prior approval from the STATE or the USDA Forest Service. FEPP property is for official use only; personal use of FEPP property is prohibited, violates the law, and this Cooperative agreement.
Any personal use violations found, subjects the COOPERATOR to penalties and FEPP property recall as determined by the STATE and the USDA Forest Service.
3. To immediately notify the STATE of receipt of FEPP property during the acquisition process.
4. To bear the entire cost of transportation, retrofit, modification, maintenance, repairs, and operation of acquired FEPP property while in the COOPERATOR’s possession.
5. The COOPERATOR must paint any FEPP rolling stock acquired directly from the USDA Forest Service that has the distinct Forest Service green color. If the FEPP property is acquired from the Department of Defense (DoD) and has military colors or markings, it must be painted. This is mandatory per the STATE and the USDA Forest Service. The painting of the FEPP vehicle must be accomplished within one (1) calendar year of the acquisition.
6. To register all FEPP rolling stock with the California Department of Motor Vehicles (DMV) within 60 days of receipt of property. Lien Holder will remain as the USDA Forest Service. This is mandatory as ownership remains with the USDA Forest Service. Registered Owner will be the COOPERATOR.
7. To obtain prior to operation of any FEPP property the minimum liability insurance in the amount required by State law to cover the operation of FEPP rolling stock. The COOPERATOR must maintain adequate insurance to cover damages or injuries to cover persons or property relating to the use of the property. Proof of insurance coverage must be provided to the STATE in the form of an insurance policy or a self-insured statement on an official letterhead.
8. Drivers of FEPP property must take the necessary equipment training and have a valid California operator license to operate the loaned vehicle(s).
9. To make FEPP property operable and ready to be placed into service for wildland and rural community fire protection, including fire suppression and prevention. Operational condition of the property will be achieved within one (1) year to the date of property pick up/receipt.
10. FEPP property cannot be modified or cannibalized without prior authorization from the STATE and the USDA Forest Service. The COOPERATOR shall contact the STATE with a request and justification to modify or cannibalize any FEPP property. The request must be submitted for approval before any modification or cannibalization to FEPP property takes place.
11. The COOPERATOR is responsible for the proper care, maintenance, security and storage of all acquired FEPP property.
12. All FEPP property must be identified as property belonging to the USDA Forest Service and for fire use only. The STATE will provide USDA Forest Service property tags along with a property number assigned to accountable FEPP property.
Agreement #: 993105
13. To promptly report any FEPP property when it is no longer needed by the COOPERATOR to the STATE and the USDA Forest Service for disposal authority. The COOPERATOR is not to release FEPP property to anyone unless the STATE and the USDA Forest Service have provided the proper authorization and documentation needed. The COOPERATOR is to provide reasonable access to authorized personnel for inspection and removal of FEPP property.
14. Ownership of all accessories, tools, light bars, sirens and equipment which is added to the loaned FEPP property remains with the COOPERATOR and must be removed prior to the disposal process.
15. Accidents involving FEPP property must be reported directly to the STATE within 10 days of the situation. This includes accidents that result in death, injury, illness, or property damage (more than $350). Depending on the type of accident, the STATE will provide direction to the COOPERATOR on the information required to be submitted to the USDA Forest Service.
16. Lost, stolen, damaged or destroyed FEPP property shall be reported to the STATE for proper documentation and handling.
17. When FEPP property is lost, damaged, destroyed or stolen, a determination is required whether there was negligence on the part of the COOPERATOR. The STATE shall make a recommendation to the USDA Forest Service Property Management Officer (PMO) whether there was negligence or gross negligence.
a. Negligence: The failure to abide by Federal rules and regulations. i. Repeated instances of negligent damage to FEPP property by staff of the COOPERATOR may be cause for the STATE to suspend further acquisitions by the COOPERATOR until the reasons for the negligence are identified and steps taken to prevent further instances. b. Gross negligence: The intentional, willful, or wanton failure to exercise a reasonable degree of care to protect FEPP property in one’s custody in reckless disregard of the consequences of the actions.
i. If the STATE determines that there is apparent gross negligence on the part of the COOPERATOR staff, the findings plus all supporting documentation shall be forwarded by the STATE to the USDA Forest Service PMO for a final determination. ii. Should the USDA Forest Service submit the final determination is one of gross negligence and sends the STATE a Bill of Collection for FEPP property under the COOPERATOR’s care, the COOPERATOR will reimburse the STATE for all the costs listed on the Bill of Collection.
iii. The COOPERATOR shall be suspended from acquiring any additional FEPP property for a set time as determined by the STATE.
iv. A second case of gross negligence will cause the COOPERATOR to lose all privileges of participation in the FEPP program as determined by the STATE.
18. To perform/participate in the physical inventory process on FEPP property in the COOPERATOR’s possession every two (2) years.
19. The STATE and the USDA Forest Service will periodically conduct joint reviews of the FEPP program to ensure compliance with the USDA Forest Service and other applicable statutes, regulations and policies are being followed. The COOPERATOR must participate and provide access to all physical FEPP property along with access to all FEPP documentation during the review. The STATE is authorized to perform audits and reviews by STATE personnel, in between joint reviews, to provide the USDA Forest Service information for FEPP program improvements.
Agreement #: 993105
20. To retain all documentation on all inventoried FEPP property for six (6) years and three (3) months after the year designated for the disposal of the property. The STATE will send all mandatory documentation required for acquisition, management and disposal of FEPP property to the COOPERATOR as these processes occur.
21. The COOPERATOR must provide access to and the right to examine all records, books, papers or documents relating to the FEPP program to the USDA Forest Service, the USDA Office of the Inspector General (OIG), the Comptroller General of the United States, the STATE and their authorized representatives.
22. To comply with Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and in accordance with Title VI of that Act, no person in the United States shall, on the ground of race, color, or natural origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination, under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. To comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d) prohibiting discrimination where discriminatory practices will result in unequal treatment of persons who are or should be benefiting from the activity.
V. OTHER AGREEMENT TERMS
IT IS MUTUALLY AGREED THAT:
1. Title to all FEPP property shall remain vested in the United States federal government.
2. The COOPERATOR shall complete a resolution, or a statement from their governing board/council, approving participation in the FEPP program. The resolution must be received with this Cooperative agreement as a requirement of the Terms and Conditions before the STATE will prepare or continue (in the case of a renewal agreement) the COOPERATOR’s access to screen and manage FEPP property.
3. All FEPP property loaned to the COOPERATOR shall be for an indefinite period of time, unless the COOPERATOR is negligent of program requirements as detailed in the Terms and Conditions of this Cooperative agreement as well as any Federal regulations that govern the FEPP program. The agreement may be terminated by either party after giving notice 60 days in advance of such termination to the other party.
4. The STATE will not be responsible for furnishing spare parts for FEPP property and the COOPERATOR accepts all FEPP property “as is” without any warranties of any kind, either expressed or implied.
5. Amendments to this Cooperative agreement covering acquisitions and disposals of FEPP property will be submitted by the STATE to the COOPERATOR for review and signature. These Amendments will be sent upon completion of the action taken and must be returned signed and dated by the COOPERATOR to the STATE to maintain accurate record keeping as required by the USDA Forest Service.
6. COOPERATORS with any FEPP property will cooperate with regulatory agencies to ensure compliance with Federal and State regulations, program and property management requirements.
7. In the event of any dispute over FEPP loaned equipment or any terms or conditions contained herein, the dispute shall be decided by the STATE and its decision shall be binding and final.
Agreement #: 993105
8. The parties hereto agree that the COOPERATOR, their officers, employees, agents, servants, contractors, volunteers, paid firefighters, and all others acting on behalf of the COOPERATOR, performing under the terms of this Cooperative agreement, are not acting as officers, employees or agents of the State or the Federal government.
9. The COOPERATOR agrees to defend, indemnify, save and hold harmless the STATE as defined herein, and the Department of Forestry and Fire Protection (CAL FIRE), their officers, agents and employees against all claims, demands, causes of action or liability of any kind whatsoever arising out of the acts of the COOPERATOR, its agents or employees in the performance of any function provided for under the terms of this agreement or the use of property transferred.
10. The period of this agreement is for five (5) years from the date of last signature on page six (6) and entered on page one (1), if no violations or signatory changes occur. Thereafter, the agreement shall be reviewed every other year for compliance by the STATE during the agreement review process and extended if no violations or changes have occurred, not to exceed a five (5) year term renewal. This Cooperative agreement supersedes all prior agreements related to the FEPP program.
11. Either party may terminate this agreement by providing written notice to the other party 60 days prior to the termination date. If the agreement is terminated, the COOPERATOR shall be ineligible to continue participation in the FEPP program. Upon termination of this Cooperative agreement, all FEPP property assigned to the COOPERATOR shall be returned to the STATE. Prior to terminating a COOPERATOR’s eligibility for cause, the STATE shall attempt alternative resolutions.
12. Any information provided to the STATE under this Cooperative agreement is subject to the Freedom of Information Act (5 U.S.C. §§ 551 et seq.).
13. The primary contact information of the parties hereto, for all notices, payments, repayments, or any other activity required or contemplated under the terms of this Cooperative agreement are:
Cooperator Name:
City of Calimesa Fire Department Department of Forestry and Fire Protection (CAL FIRE)
Federal Property Programs Contact Name:
Fire Chief
Title:
Tim O'Connell
Street Address:
908 Park Aven
Street Address:
710 Riverpoint Court
West Sacramento, CA 95605
Mailing Address: Mailing Address:
P.O. Box 944246
City:
Calimesa
City:
Sacramento
Zip:
92320
Zip:
94244-2460
Phone Number:
(909) 795-9801 Ext. 243
Phone Number:
(916) 894-9804
Cell Phone Number:
(909) 478-2977
Fax Phone Number:
(916) 894-9880
Email:
[email protected]
Email:
Agreement #: 993105
14. Local CAL FIRE Unit contact information:
CAL FIRE Unit:
Riverside Unit (RRU)
Point of Contact:
RRU Forestry Logistics Officer
Physical Address:
210 W. San Jacinto
City:
Perris
Zip Code:
92570
Phone Number:
(951) 940-6900 Ext. :
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year of the last signature below.
COOPERATOR
NAME OF COOPERATOR:
City of Calimesa Fire Department
BY (Authorized Signature):
DATE SIGNED:
PRINTED NAME AND TITLE OF PERSON SIGNING:
Tim O'Connell, Fire Chief
STATE OF CALIFORNIA
Department of Forestry and Fire Protection (CAL FIRE)
BY (CAL FIRE Unit Chief):
DATE SIGNED:
PRINTED NAME AND TITLE OF PERSON SIGNING:
Bill Reiser, Unit Chief, Riverside Unit (RRU)
BY (CAL FIRE State and Federal Property and Recycling Manager):
DATE SIGNED:
PRINTED NAME AND TITLE OF PERSON SIGNING:
Melissa Hillis, State and Federal Property and Recycling Manager
Agreement #: 993105
STATE OF CALIFORNIA
THE NATURAL RESOURCES AGENCY
DEPARTMENT OF FORESTRY AND FIRE PROTECTION (CAL FIRE)
COOPERATIVE AGREEMENT FOR THE
USDA FOREST SERVICE
FEDERAL EXCESS PERSONAL PROPERTY (FEPP) PROGRAM
Under the United States Forest Service Cooperative Forestry Assistance Act (CFAA) of 1978
ATTACHMENT A
CITY OF CALIMESA FIRE DEPARTMENT
ITEM: SERIAL #: PROPERTY #
1. Type 3 Wildland Engine, 2003 Intl
Mdl-7400, 4X2 1HTWCADN33J048378 PP0000032527
2. Fire Truck, 2005 Chevrolet Silverado 3500,
4X4 1GBHK34U55E243006 PP0000032747
3. Water Tender, 2003 Intl Mdl-7400, 4X2 1HTWCADRX3J048283 PP0000070654
4. 5.
6. 7.
Rev. November 2022
Agreement #: 993105
RESOLUTION AUTHORIZING APPLICATION
FOR FEDERAL EXCESS PERSONAL PROPERTY (FEPP) PROGRAM
IN ACCORDANCE WITH
United States Forest Service Cooperative Forestry Assistance Act (CFAA) of 1978 ______________ Date
The City Council of the _________________________________Fire Department finds:
WHEREAS, there is a need for Federal Excess Personal Property to help fight wildland, rural, structure or other fires in the City of ________________________________,and WHEREAS, ______________________is the Chief of the ______________________Fire Department, THEREFORE, be it resolved that the City Council of the ____________________________Fire Department accepts the agreement between the State of California, Department of Forestry and Fire Protection (CAL FIRE) and the ______________________________Fire Department, for the loan of Federal Excess Personal Property, and, authorizes Fire Chief __________________________________to sign the agreement on behalf of the City Council. ____________________________________
City Clerk
City Council of the ______________________________Fire Department Rev. 1/2023
RESOLUTION NO. 2023-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CALIMESA, CALIFORNIA, APPROVING RENEWAL OF THE
FEDERAL EXCESS PROPERTY (FEPP) COPERATIVE
AGRREMENT BETWEEN THE CITY OF CALIMESA AND CAL
FIRE
WHEREAS, the City of Calimesa is a California municipal corporation located in the County of Riverside, State of California; and WHEREAS, the City of Calimesa City Council formed the City of Calimesa Fire Department as a standalone municipal fire department effective January 1, 2019.
WHEREAS, the City has directed staff to procure the required personnel and equipment necessary for use during the mitigation of fire and rescue services to include structural and wildland fires, including participation in programs such as the Federal Excess Personal Property (FEPP) Program, for the purpose of acquisition of fire apparatus and equipment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
Section 1 The City Council of the City of Calimesa does hereby approve the following documents: (a). Federal Excess Property Program (FEPP) Cooperative Agreement Number 993105
Section 2 The City Manager/ Fire Chief for City of Calimesa is hereby authorized to execute the Agreement and other documents specified in Section 1 of this Resolution on behalf of the City of Calimesa.
PASSED, APPROVED, and ADOPTED this 2nd day of October 2023. ________________________________
WILLIAM DAVIS, MAYOR
ATTEST:
___________________________
DARLENE GERDES, CITY CLERK
Attachment 6B
City Council Meeting
Agenda Report
Agenda Item No. 7
SUBJECT: PUBLIC HEARING: ANNEXATION OF CERTAIN PROPERTY TO (A) CITY OF CALIMESA COMMUNITY FACILITIES DISTRICT NO.
2018-1 (SUMMERWIND TRAILS) AS ANNEXATION NO. 2
(ADDING IMPROVEMENT AREA NO. 3) AND (B) CITY OF
CALIMESA PUBLIC SERVICES COMMUNITY FACILITIES
DISTRICT NO. 1 (LAW ENFORCEMENT, FIRE, PARAMEDIC AND
PARK MAINTENANCE SERVICES) AS ANNEXATION NO. 4; AND
DESIGNATION OF FUTURE ANNEXATION AREA FOR SAID CFD
NO. 1
MEETING DATE: October 2, 2023
PREPARED BY: Lyn Gruber, Koppel and Gruber Finance
PRESENTED BY: Will Kolbow, City Manager
RECOMMENDATION: That the City Council:
1. Hold a public hearing to annex the commercial portion of the Summerwind Commons development into CFD No. 2018-1 (Summerwind Trails) Improvement Area No. 3;
2. Adopt Resolution 2023-55, a Resolution Determining Validity of Prior Proceedings and Calling an Election for Annexation No. 2 to be Designated as Improvement Area No. 3;
3. Conduct election for annexation of Improvement Area No. 3 to CFD No. 2018-1 (Summerwind Trails);
4. Adopt Resolution 2023-56, a Resolution Canvassing Results of Election to annex Improvement Area No. 3 to CFD No. 2018-1 (Summerwind Trails);
5. Adopt Resolution 2023-57, a Resolution Annexing Improvement Area No. 3 into CFD No. 2018-1;
6. Hold a public hearing to (a) annex the Summerwind Commons development into CFD No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) as Annexation Area No. 4 and (b) designate Future Annexation Area;
7. Adopt Resolution 2023-58, a Resolution Determining Validity of Prior Proceedings, Calling an Election for Annexation Area No. 4 and Approving Future Annexation Area;
8. Conduct election for annexation of Annexation Area No. 4 to CFD No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services);
9. Adopt Resolution 2023-59, a Resolution Canvassing Results of Election to annex Annexation Area No. 4 to CFD No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services); and
10. Adopt Resolution 2023-60, a Resolution Annexing Annexation Area No. 4 into CFD No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services).
BACKGROUND: Community Facilities Districts (“CFDs”) are a form of financing that can be used by cities, counties, school district, and special districts. CFDs raise money through special taxes that must be approved by 2/3 of the voters within the CFD. Most often, CFDs are formed by the landowner prior to subdivision. A CFD can be formed to finance a wide list of improvements, which include roads, water facilities, sewers and schools. They are also used to finance ongoing maintenance services such as landscaping, streets, lighting and drainage facilities. The taxes are secured by a continuing lien and are levied against property within the CFD on an annual basis. The revenue stream is used to pay debt service on bonds to finance facilities and to pay for services on a pay as you go basis by the annual special tax for services.
DISCUSSION: The City is in receipt of a Petition (including consent and waiver) with respect to a development for Summerwind Trails from the owner of the property known as the Summerwind Commons development (the “Owner”), which property consists of approximately 36 acres that are currently zoned as a combination of commercial (Phase I) and residential (Phase II) (the “Property”).
The Owner is requesting that the City move forward and declare its intent to (a) annex the commercial portion of the Property (Phase I) to the City of Calimesa Community Facilities District No. 2018-1 (Summerwind Trails) (“CFD No. 2018-1”) as Annexation No. 2 (adding Improvement Area No. 3) for the purpose of financing a portion of the cost of providing lighting maintenance, including traffic signals, streets and sidewalk maintenance, street landscape maintenance, street maintenance and storm drain and detention basin maintenance services (the “CFD No. 2018-1 Services”), and (b) annex the full development (Phase I and Phase II) to the City of Calimesa Public Services Community Facilities District No. 1 as Annexation No. 4 for the purpose of funding law enforcement, fire, paramedic, and park maintenance services (the “CFD No. 1 Services,” and together with the CFD No. 2018-1 Services, the “Services”).
The Property is slated for approximately 168 residential units (detached condominium units) and 76,680 square feet of convenience store, car wash, child care, quick service retails and coffee shop.
The Rate and Method of Apportionment for Improvement Area No. 3 for CFD No. 2018-1 sets a maximum Special Tax B at $11,307 per acre for fiscal year 2023-24 with an annual escalator of the greater of the most recent annual percentage change in the Consumer Price Index or two-percent (2%). This annexation does not affect the special taxes (both for facilities and services) for Improvement Area No. 1 of CFD No. 2018-1 or of the bonds issued in 2020 by CFD No. 2018-1 for Improvement Area No. 1 or for the services special tax for Improvement Area No. 2. Improvement Area No. 3 is proposed to only have a services special tax and no bonding capacity.
The Rate and Method of Apportionment for CFD No. 1 will not be modified due to Annexation No.
4. The existing maximum special tax rates for CFD No. 1 Services will remain unchanged with its annual escalator, with Annexation No. 4 falling in Land Use Category 3 (Non-Residential Property) for Phase I at a fiscal year 2023-24 maximum special tax rate of $3,607.42 per acre and Land Use
Category 1 (single-family) for Phase II at a fiscal year 2023-24 maximum tax rate of $721.47 per unit.
On August 21, 2023, the City Council, as the legislative body of the CFDs accepted the Petition, Consent and Waiver from the Owner, Calimesa 2 Holdings, LLC. This document is the petition from the Owner requesting all or a portion of its property to be annexed into the two CFDs, waiving certain statutory requirements and consenting to holding the public hearings and elections at the same meeting.
On August 21, 2023, the City Council adopted the Resolution of Intention to Annex the commercial portion of the Property (Phase I) to CFD No. 2018-1 and adopted the Resolution of Intention to Annex the full development (Phase I and Phase II) to CFD No. 1 and to designate certain property within the City as future annexation area to CFD No. 1. These resolutions set a public hearing for each annexation and the designation of Future Annexation Area for CFD No. 1 for October 2, 2023.
On behalf of the City, Koppel & Gruber Public Finance, as special tax consultant, has prepared a CFD Report describing the proposed annexation to CFD No. 2018-1 (Attachment A).
Staff is recommending the City Council for CFD No. 2018-1: (a) hold a public hearing; (b) assuming there is no majority protest at the public hearing, adopt the Resolution Determining Validity of Prior Proceedings and Calling an Election for Annexation No. 2 to be Designated as Improvement Area No. 3 (Attachment B); (c) conduct election; (d) adopt Resolution Canvassing Results of Election (Attachment C); and (e) assuming the proposition passes with at least two-thirds vote from the qualified voters, adopt Resolution Annexing Improvement Area No. 3 into CFD No. 2018-1 (Attachment D).
On behalf of the City, Koppel & Gruber Public Finance, as special tax consultant, has prepared a CFD Report describing the proposed annexation to CFD No. 1 and the designation of Future Annexation Area for CFD No. 1 (Attachment E).
Staff is recommending the City Council for CFD No. 1: (a) hold a public hearing; (b) assuming there is no majority protest at the public hearing, adopt the Resolution Determining Validity of Prior Proceedings, Calling an Election for Annexation No. 4 and Approving the Future Annexation Area (Attachment F); (c) conduct election; (d) adopt Resolution Canvassing Results of Election for Annexation Area No. 4 (Attachment G); and (e) assuming the proposition passes with at least twothirds vote from the qualified voters, adopt Resolution Annexing Annexation Area No. 4 into CFD No. 1 (Attachment H).
The CFDs may then levy the special taxes pursuant to the rates and method of apportionment described in the applicable CFD Reports.
FISCAL IMPACT: None. Funds to be used for this annexation process were provided by developer deposit. Expenses of the City related to administration of the CFDs will be paid for by the Special Tax.
ATTACHMENTS:
Attachment A CFD Report for Annexation of Improvement Area No. 3 to CFD No. 2018-1 (Summerwind Trails) (including Rate and Method of Apportionment)
Attachment B Resolution No. 2023-55 Determining Validity of Prior Proceedings and Calling Election for Annexation No. 1 Designated as Improvement Area No. 3 to CFD No. 2018-1 (Summerwind Trails)
Attachment C. Resolution No. 2023-56 Canvassing Results of Election for Improvement Area No. 3 to CFD No. 2018-1 (Summerwind Trails) Attachment D. Resolution No. 2023-57 Annexing Improvement Area No. 3 to CFD No. 2018-1 (Summerwind Trails)
Attachment E. CFD Report for Annexation of Annexation Area No. 4 to CFD No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) (including Rate and Method of Apportionment).
Attachment F Resolution No. 2023-58 Determining Validity of Prior Proceedings and Calling Election for Annexation Area No. 4 to CFD No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) Attachment G. Resolution No. 2023-59 Canvassing Results of Election for Annexation Area No. 4 to CFD No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services)
Attachment H. Resolution No. 2023-60 Annexing Annexation Area No. 4 to CFD No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services)
City of Calimesa
Community Facilities District
No. 2018-1 (Summerwind Trails)
Improvement Area No. 3
Annexation No. 2
Public Report
October 2, 2023
Attachment 7A
City of Calimesa
City Council
William “Bill” Davis, Mayor
Wendy Hewitt, Mayor Pro Tem
Linda Molina, Council Member
Jeff Cervantez, Council Member
John Manly, Council Member
City Manager
Will Kolbow
Finance Director
Celeste Reid
City of Calimesa
Community Facilities District No. 2018-1
(Summerwind Trails) IA No 3 Annexation No. 2
October 2, 2023, Public Hearing
TABLE OF CONTENTS
Introduction ........................................................................................................................ 1 A. Description Of Services ........................................................................................... 2 B. Boundaries Of The Community Facilities District ................................................... 3 C. Cost Estimate .......................................................................................................... 3 D. Rate And Method Of Apportionment ..................................................................... 3 E. General Terms And Conditions ............................................................................... 3 Exhibit A – Boundary Map ............................................................................................... A-1 Exhibit B – Cost Estimates ................................................................................................ B-1 Exhibit C – Rate and Method of Apportionment ............................................................. C-1
City of Calimesa 1
Community Facilities District No. 2018-1
(Summerwind Trails) IA No. 3 Annexation No. 2
October 2, 2023, Public Hearing
INTRODUCTION
The City Council of the City of Calimesa (the “Council”) did, pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), on August 21, 2023 adopt a resolution entitled “Resolution of Intention of the City Council of the City of Calimesa, Acting as the Legislative Body of the City of Calimesa Community Facilities District No. 2018-1 (Summerwind Trails), Declaring its Intention to Annex Property into said District as Improvement Area No. 3 and to Authorize the Levy of a Special Tax within Improvement Area No. 3” (the “Resolution of Intention”). In the Resolution of Intention the Council expressly ordered the preparation of a written Community Facilities District Report (the “Report”), for the proposed Community Facilities District No. 2018-1 (Summerwind Trails), Improvement Area No. 3 (“CFD No. 2018-1, IA No. 3” or the “District”).
The Resolution of Intention ordering the Report did direct that the Report generally contain the following:
1. a brief description the Services which are required to adequately meet the needs of CFD No. 2018-1, IA No. 3; and
2. an estimate of the cost of providing the Services, including an estimate of the fair and reasonable cost of all Incidental Expenses, determination of the amount of any special taxes, collection of any special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the City with respect to the District, and any other expenses incidental to the construction, completion and inspection of the authorized work to be paid through the proposed financing, and the costs associated with the providing the authorized Services.
For particulars, reference is made to the Resolution of Intention (Resolution Number 2023-48) for the District, as previously approved and adopted by Council.
Now, Therefore Koppel & Gruber Public Finance, the appointed responsible firm directed to prepare the Report, does hereby submit the following:
City of Calimesa 2
Community Facilities District No. 2018-1
(Summerwind Trails) IA No. 3 Annexation No. 2
October 2, 2023, Public Hearing
A. DESCRIPTION OF CFD NO. 2018-1, IA NO. 3
CFD No. 2018-1, IA No. 3 (Annexation No 2 is comprised of approximately 11.91 net acres of commercially zoned land in the City of Calimesa known as Summerwind Commons. A map showing the boundaries of Community Facilities District No. 2018- 1 (Summerwind Trails), Annexation No. 2 is included in Exhibit “A” of this Report.
Table 1 below shows the estimated taxable acreage for CFD No. 2018-1 IA No. 3.
CFD NO. 2018-1, Annexation No. 2 Estimated Taxable Acreage Improvement Area No. 3 11.91
B. DESCRIPTION OF SERVICES
The purpose of CFD No. 2018-1, IA No. 3 is to provide funding for maintenance services that are in addition to those provided in the territory within CFD No. 2018- 1, IA No. 3 prior to the formation of District.
Services to be Maintained
The General Description of the services to be maintained are described below (together referred to as “the Services”) as part of CFD No. 2018-1 include but are not limited:
Park landscape maintenance,
Lighting servicing and maintenance,
Streets and sidewalk maintenance, and
Street Landscape servicing and maintenance,
Storm drain and detention basin maintenance.
These Services are in addition to those provided prior to the annexation into CFD No. 2018-1, IA No. 3 and do not supplant services already available within the territory proposed to be included in CFD No. 2018-1.
Incidental Expenses - the District may also finance any of the following:
The costs of administering the levy and collection of the Special Tax B and all other costs of the levy of the Special Tax B, including but not limited to, legal, fiscal, and financial consultant fees, election costs, and all other administrative costs of the tax levy.
City of Calimesa 3
Community Facilities District No. 2018-1
(Summerwind Trails) IA No. 3 Annexation No. 2
October 2, 2023, Public Hearing
C. BOUNDARIES OF ANNEXATION NO 3
A reduced map of the boundaries of CFD No. 2018-1, IA No. 3 titled “Annexation Map No. 2, Community Facilities District No. 2018-1 (Summerwind Trails) Improvement Area No. 3” is included in Exhibit “A” and is incorporated herein.
A full-scale map is on file with the Clerk of the City of Calimesa and was recorded with the County Recorder in the County of Riverside in Book 91 of Maps of Assessment and Community Facilities Districts, Page 70, Document Number 2023-0255174.
D. COST ESTIMATE
As discussed above, CFD No. 2018-1, IA No. 3 includes the costs of Services. The budget for Services is estimated at $127,948 for fiscal year 2023/2024.
The estimated costs of the Services are shown in 2023 dollars. For particulars on the estimated cost of Services, reference is made to Exhibit “B” of this Report.
E. RATE AND METHOD OF APPORTIONMENT
The Rate and Method of Apportionment provides sufficient information to allow a property owner within CFD No. 2018-1 IA No. 3 to estimate the Maximum Special Tax B for his or her property.
For particulars on the Rate and Method of apportionment, reference is made to Exhibit “C” of this report.
F. GENERAL TERMS AND CONDITIONS
The description of the Services is general in nature. The final nature and location of the Services that will be provided and/or maintained will be determined upon approval of such Services.
City of Calimesa
Community Facilities District No. 2018-1
(Summerwind Trails) IA No. 3 Annexation No. 2
October 2, 2023, Public Hearing
A - 1
EXHIBIT A
BOUNDARY MAP FOR
ANNEXATION NO. 2
COMMUNITY FACILITIES DISTRICT NO. 2018-1
(SUMMERWIND TRAILS) IMPROVEMENT AREA NO. 3
A reduced copy of the Boundary Map follows. The original map is on file in the Office of the City Clerk and in the records of the County Recorder, County of Riverside, State of California.
City of Calimesa
Community Facilities District No. 2018-1
(Summerwind Trails) IA No. 3 Annexation No. 2
October 2, 2023, Public Hearing
A -2
City of Calimesa
Community Facilities District No. 2018-1
(Summerwind Trails) IA No. 3 Annexation No. 2
October 2, 2023, Public Hearing
B - 1
EXHIBIT B
COST ESTIMATES
Services Budget
The budget below reflects the maintenance costs for Improvement Area No. 3. The Special Tax for Services, Special Tax B, will be levied each fiscal year based on the methodology set out in the Rate and Method of Apportionment.
Improvement Area No. 3
Services Budget Fiscal Year 2023/2024
Direct Costs Total
Landscape Maintenance $33,484
Street Lighting 3,885
Streets 25,474
Storm Drains 0
Contingency 1,885
Subtotal $64,728
Reserve Collection
Replacement Reserve $53,781
Cash Flow Reserve 3,236
Subtotal $57,017
Indirect Costs
District Administration $5,000
County Costs 104
Legal Services 500
Accounting 500
Misc Office Expense 100
Subtotal $6,204
Total* $127,948
*May not sum due to rounding
The total costs for Services are estimates only. The District has the ability to reallocate amounts between line items as long as the total costs do not exceed the total budgeted amounts, which are subject to escalation.
City of Calimesa
Community Facilities District No. 2018-1
(Summerwind Trails) IA No. 3 Annexation No. 2
October 2, 2023, Public Hearing
C - 1
EXHIBIT C
COMMUNITY FACILITIES DISTRICT NO. 2018-1
(SUMMERWIND TRAILS)
IMPROVEMENT AREA NO. 3
OF THE CITY OF CALIMESA
RATE AND METHOD OF APPORTIONMENT
A Special Tax shall be levied on all Taxable Property (as defined below) within the boundaries of Improvement Area No. 3 (“IA No. 3”) of Community Facilities District No. 2018-1 (Summerwind Trails), (“CFD No. 2018-1”) of the City of Calimesa (“City”) and collected each Fiscal Year commencing in Fiscal Year 2023/2024 in an amount determined by the City Council (as defined below), through the application of this Rate and Method of Apportionment of the Special Tax to the extent and in the manner herein provided.
1. DEFINITIONS
“Acreage” or “Acre” means the land area of an Assessor’s Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable parcel map, condominium plan, or other recorded County parcel map. An Acre means 43,560 square feet of land. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expenses” means the expenses incurred by the City on behalf of IA No. 3 related to the determination of the amount of the levy of Annual Special Taxes; the collection of Annual Special Taxes including the expenses of collecting delinquencies; the payment of salaries and benefits of any employee of the City whose employment duties are directly related to the administration of IA No. 3; and the costs otherwise incurred in order to carry out authorized purposes of IA No. 3. “Annual Special Tax” means any Special Tax actually levied in any Fiscal Year on any Assessor’s Parcel.
“Assessor” means the Assessor of the County.
“Assessor’s Parcel” means a parcel shown on an Assessor's Parcel Map with an assigned Assessor's Parcel number.
“Assessor’s Parcel Map” means an official map of the County designating parcels by Assessor’s Parcel number.
City of Calimesa
Community Facilities District No. 2018-1
(Summerwind Trails) IA No. 3 Annexation No. 2
October 2, 2023, Public Hearing
C - 2
“Building Permit” means a building permit for the construction within CFD No. 2018- 1, IA No. 3 issued by the City, or another public agency in the event the City no longer issues building permits.
“Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD Administrator” means an authorized representative of the City, or designee thereof, responsible for determining the Special Tax Requirement for Services, for preparing the Annual Special Tax roll.
“CFD No. 2018-1” means Community Facilities District No. 2018-1 (Summerwind Trails) of the City.
“City” means the City of Calimesa, California.
“City Council” means the City Council of the City of Calimesa, acting as the legislative body of CFD No. 2018-1, or its designee.
“Consumer Price Index” means, for each Fiscal Year, the Consumer Price Index published by the U.S. Bureau of Labor Statistics for “All Urban Consumers” in the Los Angeles-Long Beach-Anaheim Area, measured as of the month of April in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index that is reasonably comparable to the Consumer Price Index for the Los Angeles-Long Beach-Anaheim Area, as determined by the CFD Administrator. “County” means the County of Riverside, California.
“Developed Property” means for each Fiscal Year, all Assessor’s Parcels of Taxable Property, exclusive of Assessor’s Parcels of Provisional Undeveloped Property, for which a Building Permit was issued prior to May 1 of the previous Fiscal Year. “Exempt Property” means Assessor’s Parcels designated as being exempt from Special Taxes pursuant to Section 7.
“Fiscal Year” means the period starting on July 1 and ending the following June 30. “Improvement Area No. 3” or “IA No. 3” means Improvement Area No. 3 of CFD No. 2018-1, as identified on the boundary map for CFD No. 2018-1, IA No. 3, as in effect on the date of formation of IA No. 3, and as may thereafter be amended in accordance with the Act.
“Land Use Class” means any of the classes listed in Table 1 under Section 3 below.
City of Calimesa
Community Facilities District No. 2018-1
(Summerwind Trails) IA No. 3 Annexation No. 2
October 2, 2023, Public Hearing
C - 3
“Maximum Special Tax B” means the Maximum Special Tax B (Services), determined in accordance with Section 3 below, which may be levied in any Fiscal Year on any Assessor’s Parcel of Taxable Property.
“Proportionately” or “Proportionate” means for Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels of Developed Property. For Undeveloped Property, “Proportionately” means that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax B, as applicable, per Acre is equal for all Assessor's Parcels of Undeveloped Property. The term “Proportionately” may similarly be applied to other categories of Taxable Property as described in Section 3 below.
“Provisional Undeveloped Property” means all Assessor’s Parcels of property that would otherwise be classified as Exempt Property pursuant to the provisions of Section 7, but cannot be classified as Exempt Property because to do so would reduce the Acreage of all Taxable Property below the required minimum Acreage as set forth in Section 7.
“Services” means the services eligible to be funded by IA No. 3. This includes the repair, removal and replacement of all or part of an improvement. “Special Tax” means any special tax authorized to be levied within CFD No. 2018-1 pursuant to the Act and this Rate and Method of Apportionment. “Special Tax B” means the Special Tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property within IA No. 3 to fund the Special Tax Requirement for Services.
“Special Tax Requirement for Services” means that amount required in any Fiscal Year to: (i) pay the costs of Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Services as determined by the CFD Administrator; (iii) pay Administrative Expenses; (iv) less a credit for funds available to reduce the annual Special Tax B levy as determined by the CFD Administrator.
“State” means the State of California.
“Taxable Property” means all of the Assessor's Parcels within the boundaries of CFD No. 2018-1, IA No. 3, which are not exempt from the levy of the Special Tax pursuant to law or Section 7 below.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property within the boundaries of IA No. 3 not classified as Developed Property or Provisional Undeveloped Property.
City of Calimesa
Community Facilities District No. 2018-1
(Summerwind Trails) IA No. 3 Annexation No. 2
October 2, 2023, Public Hearing
C - 4
2. LAND USE CLASSIFICATION
Each Fiscal Year, beginning with Fiscal Year 2023/2024, each Assessor’s Parcel within the boundaries of IA No. 3 shall be classified as Taxable Property or Exempt Property.
In addition, all Taxable Property within IA No. 3 shall be classified as Developed Property, Undeveloped Property or Provisional Undeveloped Property, and all such Taxable Property shall be subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment determined pursuant to Sections 3 and 4 below.
3. MAXIMUM SPECIAL TAX RATES
A. Special Tax B (Services)
i. Developed Property
The Maximum Special Tax B applicable to an Assessor’s Parcel of Developed Property for Fiscal Year 2023/2024 shall be $11,307 per Acre.
Each July 1 commencing July 1, 2024, the Maximum Special Tax B for Developed Property or Approved Property shall be increased by the greater of (i) the most recent annual percentage change in the Consumer Price Index or (ii) two-percent (2%) of the amount in effect in the prior Fiscal Year.
ii. Undeveloped Property Maximum Special Tax B
The Maximum Special Tax B applicable to an Assessor’s Parcel of Undeveloped Property for Fiscal Year 2023/2024 shall be $11,307 per Acre.
Each July 1, commencing July 1, 2024, the Backup Special Tax B for Undeveloped Property shall be increased by the greater of (i) the most recent annual percentage change in the Consumer Price Index or (ii) two-percent (2%) of the amount in effect in the prior Fiscal Year. iii. Provisional Undeveloped Property
The Maximum Special Tax B for Provisional Undeveloped Property for Fiscal Year 2023/2024 shall be $11,307 per Acre.
Each July 1, commencing July 1, 2024, the Maximum Special Tax B for Provisional Undeveloped Property shall be increased by the greater of (i) the most recent annual percentage change in the Consumer Price Index or (ii) two-percent (2%) of the amount in effect in the prior Fiscal Year.
City of Calimesa
Community Facilities District No. 2018-1
(Summerwind Trails) IA No. 3 Annexation No. 2
October 2, 2023, Public Hearing
C - 5
4. METHOD OF APPORTIONMENT
A. Special Tax B (Services)
For each Fiscal Year, commencing Fiscal Year 2023/2024, the CFD Administrator shall calculate the Special Tax Requirement for Services and levy Special Tax B on all Taxable Property in accordance with the following steps:
Step 1: The Special Tax B shall be levied Proportionately on each Assessor’s Parcel of Developed Property up to 100% of the applicable Maximum Special Tax B for Developed Property as necessary to satisfy the Special Tax Requirement for Services;
Step 2: If additional monies are needed to satisfy the Special Tax Requirement for Services after the first step has been completed, the Special Tax B shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property up to 100% of the Maximum Special Tax B; Step 3: If additional monies are needed to satisfy the Special Tax Requirement for Services after the first two steps have been completed, then the Special Tax B shall be levied Proportionately on each Assessor’s Parcel of Provisional Undeveloped Property at up to 100% of the Maximum Special Tax B for Provisional Undeveloped Property.
Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor’s Parcel of Developed Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within IA No. 3, except for those Assessor’s Parcels of Developed Property whose owners are also delinquent or in default on their Special Tax payments for one or more other properties within IA No. 3.
5. COLLECTON OF ANNUAL SPECIAL TAXES
Collection of the Annual Special Tax shall be by the County in the same manner as ordinary ad valorem property taxes are collected and the Annual Special Tax shall be subject to the same penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided, however, that the City Council may provide for other means of collecting the Annual Special Tax, including direct billings thereof to the property owners.
City of Calimesa
Community Facilities District No. 2018-1
(Summerwind Trails) IA No. 3 Annexation No. 2
October 2, 2023, Public Hearing
C - 6
6. TERM OF SPECIAL TAX
Special Tax B shall be levied as long as necessary to meet the Special Tax Requirement for Services.
7. EXEMPTIONS
The CFD Administrator shall classify as Exempt Property (i) Assessor’s Parcels owned by the State of California, Federal or other local governments, (ii) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization (iii) Assessor’s Parcels with public utility easement by the restriction, as determined reasonably by the CFD Administrator, provided that no such classification would reduce the sum of all Taxable Property in IA No. 3 to less than 10.39 Acres. Assessor’s Parcels which cannot be classified as Exempt Property because such classification would reduce the sum of all Taxable Property in IA No. 3 to less than 10.39 Acres shall be classified as Provisional Undeveloped Property and will continue to be subject to the Special Tax B accordingly.
Tax exempt status for this purpose of this paragraph will be assigned by the CFD Administrator in the chronological order in which property becomes eligible for classification as Exempt Property.
If the use of an Assessor’s Parcel of Exempt Property changes so that such Assessor’s Parcel is no longer classified as one of the uses set forth in the first paragraph of this Section 7 above that would make such Assessor’s Parcel eligible to be classified as Exempt Property, such Assessor’s Parcel shall cease to be classified as Exempt Property and shall be deemed to be Taxable Property.
8. APPEALS
Any landowner who pays the Annual Special Tax and claims the amount of the Annual Special Tax levied on his or her Assessor’s Parcel is in error shall first consult with the CFD Administrator regarding such error not later than twelve (12) months after first having paid the first installment of the Annual Special Tax that is disputed. If following such consultation, the CFD Administrator determines that an error has occurred, the CFD Administrator may recommend changing the amount of the Annual Special Tax levied on such Assessor’s Parcel. If following such consultation and action, if any by the CFD Administrator, the landowner believes such error still exists, such person may file a written notice with the City Manager, or designee of the City, appealing the amount of the Annual Special Tax levied on such Assessor’s Parcel. Upon the receipt of such notice, the City Manager or designee may establish such procedures as deemed necessary to undertake the review of any such appeal. The City Manager or designee thereof shall interpret this Rate and Method of Apportionment and make determinations relative to the administration of the Annual Special Tax and any landowner appeals.
The decision of the City Manager or designee shall be final and binding as to all persons.
9/11/23
137053107.2
RESOLUTION NO. 2023-55
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA
DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING
TO ANNEXATION OF PROPERTY INTO CITY OF CALIMESA
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SUMMERWIND
TRAILS), AND CALLING SPECIAL ELECTION RELATED TO
ANNEXATION NO. 2 TO BE DESGINATED AS IMPROVEMENT AREA NO. 3 WHEREAS, the City Council (the “Council”) of the City of Calimesa, California (the “City”), has heretofore formed the City of Calimesa Community Facilities District No. 2018-1 (Summerwind Trails) (the “CFD”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, (the “Act”);
WHEREAS, the City Council, acting as the legislative body of the CFD, has heretofore adopted Resolution No. 2023-48 (the “Resolution of Intention to Annex”) stating its intention to annex certain property to the CFD (“Annexation No. 2”) to be designated as Improvement Area No. 3 (“Improvement Area No. 3”) pursuant to the Act; and WHEREAS, a copy of the Resolution of Intention to Annex incorporating a description and map of the proposed boundaries of Annexation No. 2 to be designated as Improvement Area No. 3, and setting forth the rate and method of apportionment (the “IA3 RMA”) and manner of collection of the special tax to be levied within Improvement Area No. 3, which will be used to finance a portion of the cost of providing lighting maintenance, including traffic signals, streets and sidewalk maintenance, street and park landscape maintenance, street maintenance, and storm drain and detention basin maintenance services (the “IA3 Services”), that are in addition to those provided in the territory within Improvement Area No. 3 prior to the annexation of Improvement Area No. 3 to the CFD and do not supplant services already available within the territory proposed to be included in Annexation No. 2, is on file with the City Clerk and is incorporated herein by reference; and
WHEREAS, the Resolution of Intention to Annex set October 2, 2023 as the date of the public hearing on the annexation of Annexation No. 2 as Improvement Area No. 3 to the CFD and this Council held the said public hearing as required by law; and WHEREAS, prior to the commencement of the hearing, there was filed with the City Council a Community Facilities Report prepared by Koppel & Gruber Public Finance (the “CFD Report”) containing a boundary map of Annexation No. 2 as Improvement Area No. 3, a description of the IA3 Services, an estimate of the costs of the IA3 Services and incidental expense to be financed by properties within Improvement Area No. 3, and the CFD Report has been reviewed by the Council and is incorporated herein and made a part of the record of the public hearing; and
WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the annexation of proposed Annexation Area No. 2 as Improvement Area No. 3 to the CFD were heard and a full and fair hearing was held; and
Attachment 7B
137053107.2 2
WHEREAS, at said hearing evidence was presented to the Council on said matters before it, and this Council at the conclusion of said hearing is fully advised in the premises.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
CALIMESA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF CALIMESA COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SUMMERWND TRAILS), AS FOLLOWS:
Section 1. Pursuant to Section 53325.1(b) of the Government Code, the Council finds and determines that the proceedings prior hereto were valid and in conformity with the requirements of the Act.
Section 2. The description and map of the boundaries of Annexation No. 2 designated as Improvement Area No. 3 on file in the City Clerk’s office and as described in the Resolution of Intention to Annex and incorporated herein by reference, shall be the boundaries of Annexation No. 2 designated as Improvement Area No. 3. The map of the proposed boundaries of Improvement Area No. 3 has been recorded in the Office of the County Recorder of Riverside County, California in Book 91, page 70 of the Book of Maps of Assessments and Community Facilities Districts (Instrument Number 2023-0255174).
Section 3. Except where funds are otherwise available, it is proposed that there shall be levied annually in accordance with procedures contained in the Act, special taxes (the “Special Tax B”) sufficient to finance the IA3 Services that are in addition to those provided in the territory within Annexation No. 2 as Improvement Area No. 3 prior to the annexation thereof to the CFD and do not supplant services already available within the territory proposed to be included in Imrpovement Area No. 3. The IA3 RMA and manner of collection is described in detail in Exhibit “A” attached to the Resolution of Intention to Annex and incorporated herein by this reference.
The Special Tax B shall be utilized to pay for authorized services.
Section 4. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the Special Tax shall attach to all taxable real property in Improvement Area No. 3, and this lien shall continue in force and effect until the special tax obligation is canceled in accordance with law or until collection of the tax by the City ceases.
Section 5. Council finds that the IA3 Services are necessary to meet the increased demand put upon the City as a result of the development within Improvement Area No. 3.
Section 6. The Council finds that there is not an ad valorem property tax currently being levied on property within Improvement Area No. 3 for the exclusive purpose of financing services similar to the IA3 Services.
Section 7. Written protests against annexation of Annexation No. 2, or against the furnishing of specified services or the levying of a specified special tax within Improvement Area No. 3, have not been filed by fifty percent (50%) or more of the registered voters or property owners of one-half (1/2) or more of the area of land within either the existing CFD or proposed Improvement Area No. 3.
137053107.2 3
Section 8. Pursuant to Government Code Section 53353.5, the Council hereby submits to the qualified electors of Improvement Area No. 3 a proposition (the “Proposition”) to annex into the CFD Annexation No. 2 to be designated as Improvement Area No. 3 and to levy special taxes on property within Improvement Area No. 3 in accordance with the IA3 RMA. The Proposition is attached as Exhibit “A.”
Section 9. A special election is hereby called for Improvement Area No. 3 within the CFD on the Proposition set forth in Section 8 above.
Section 10. The Council hereby directs that the election be conducted by the City Clerk of the City of Calimesa, as the elections official.
Section 11. The City Clerk shall mail or hand deliver the ballots to the landowners immediately upon the adoption of this Resolution.
Section 12. The time for notice having been waived by the qualified electors, the date of the special election for the annexation of Improvement Area No. 3 to the CFD on the applicable proposition shall be on the 2
nd day of October, 2023. The voter ballots shall each be returned to the City Clerk at 908 Park Avenue, Calimesa, California, no later than 11:00 o’clock p.m. on October 2, 2023. The election may be closed with the concurrence of the City Clerk, as soon as all of the ballots for such election are returned.
Section 13. The Council finds and determines that there were no registered voters residing within the territory of proposed Improvement Area No. 3 at the time of the protest hearing and ninety (90) days prior thereto. The requirements of Section 53326 of the Government Code having been waived by all of the landowners, the ballots for the special election shall be personally delivered to the landowners within Improvement Area No. 3. Each landowner shall have one (1) vote for each acre or portion thereof that he or she owns within Improvement Area No. 3 as provided by Section 53326 of the Act.
Section 14. Annexation No. 2 designated as Improvement Area No. 3 within the CFD shall constitute a single election precinct for the purpose of holding said election relating to Annexation No. 2.
Section 15. The City Clerk is directed to certify and attest to this Resolution and to take any and all necessary acts to call, hold, canvass and certify an election or elections on the levy of the special tax.
Section 16. This Resolution shall take effect from and after the date of its passage and adoption.
137053107.2 4
PASSED, APPROVED AND ADOPTED this 2
nd day of October 2023, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
WILLIAM DAVIS, MAYOR
ATTEST:
DARLENE GERDES, CITY CLERK
APPROVED AS TO FORM:
QUINN BARROW, CITY ATTORNEY
9/11/23
137053107.2
YES
NO
EXHIBIT A
CITY OF CALIMESA
COMMUNITY FACILITIES DISTRICT NO. 2018-1
(SUMMERWIND TRAILS)
ANNEXATION NO. 2 - IMPROVEMENT AREA NO. 3
SPECIAL TAX ELECTION
October 2, 2023
To vote, mark an “X” in the voting square after the word “YES” or after the word “NO.” All marks otherwise made are forbidden.
This ballot is provided to ___________________________________, as owner or authorized representative of such owner of land within proposed Improvement Area No. 3 of City of Calimesa Community Facilities District No. 2018-1 (Summerwind Trails) and represents ___ votes.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Calimesa at 908 Park Avenue, Calimesa, California 92320.
PROPOSITION Shall City of Calimesa Community Facilities District No. 2018-1 (Summerwind Trails) (the “CFD”) annex property known as Improvement Area No. 3 and be authorized to levy special taxes within Improvement Area No. 3 of the CFD pursuant to the rate and method of apportionment of special taxes (the “IA3 RMA”) set forth in Resolution No. 2023-48 to finance the authorized services, all as provided for in the IA3 RMA?
8/29/23
137053114.1
RESOLUTION NO. 2023-56
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA ACTING ON BEHALF OF CITY OF CALIMESA COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SUMMERWIND TRAILS) CANVASSING THE RESULTS OF THE ELECTION HELD WITHIN IMPROVEMENT AREA NO. 3 PROPOSED TO BE ANNEXED TO SAID
DISTRICT
WHEREAS, the City Council (the “Council”) of the City of Calimesa, California has previously conducted proceedings pertaining to the annexation of certain property (“Annexation No. 2”) to be designated as Improvement Area No. 3 (“Improvement Area No. 3”), into the City of Calimesa Community Facilities District No. 2018-1 (Summerwind Trails) (the “CFD”), the rate and method of apportionment of a special tax to finance the cost of providing certain public services (the “IA3 Services”), and the calling of an election in regard to the foregoing; and WHEREAS, the landowners of record within the CFD as of the close of the public hearing held on October 2, 2023 unanimously consented to a waiver of the time limits for setting the election and a waiver of any written analysis, arguments or rebuttals as set forth in California Government Code sections 53326 and 53327. Such waivers are set forth in the written petition executed by the landowners which is on file with the City Clerk as election official (the “Election Official”) concurring therein; and
WHEREAS, on October 2, 2023, an election was held within proposed Improvement Area No. 3 regarding annexation to the CFD and the levy of a proposed special tax in accordance with the rate and method of apportionment of special tax (the “IA3 RMA”); and WHEREAS, there has been presented to the Council a Certificate of the Election Official as to the Results of the Canvass of the Election Returns (the “Certificate of the Election Official”), a copy of which is attached hereto as Exhibit “A”; and
WHEREAS, at such election the proposal for the annexation of Improvement Area No. 3 into the CFD and the levy of a special tax pursuant to the IA3 RMA for nonexempt parels within Improvement Area No. 3 was approved by the qualified electors of Improvement Area No. 3;
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
CALIMESA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF CALIMESA COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SUMMERWIND TRAILS), AS FOLLOWS:
Section 1. It is hereby determined that the election conducted for Annexation No. 2 within Improvement Area No. 3 was duly and validly conducted.
Section 2. The canvass of the votes cast at the special election held in Improvement Area No. 3 within the CFD on October 2, 2023, as shown in the Certificate of the Election Official attached hereto, is hereby approved and confirmed.
Attachment 7C
137053114.1 2
Section 3. The Proposition presented to the qualified electors within Improvement Area No. 3 of the CFD for receipt by the Election Official on October 2, 2023, has carried.
Section 4. The Council, acting as the legislative body of the CFD, is authorized to annex Annexation No. 2 to be designated as Improvement Area No. 3 to the CFD and to levy the special tax on behalf of the CFD on nonexempt properties within Improvement Area No. 3.
Section 5. This Resolution shall take effect from and after the date of its passage and adoption.
PASSED, APPROVED AND ADOPTED this 2
nd day of October, 2023, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
WILLIAM DAVIS, MAYOR
ATTEST:
DARLENE GERDES, CITY CLERK
APPROVED AS TO FORM:
QUINN BARROW, CITY ATTORNEY
137053114.1 A-1
EXHIBIT A
CITY OF CALIMESA
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SUMMERWIND TRAILS) IMPROVEMENT AREA NO. 3
CERTIFICATE OF THE ELECTION OFFICIAL
AS TO THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF CALIMESA )
I, DARLENE GERDES, City Clerk in my capacity as Elections Official in the City of Calimesa, California, in its capacity as the legislative body of the City of Calimesa Community Facilities District No. 2018-1 (Summerwind Trails) (the “CFD”), DO HEREBY CERTIFY, that pursuant to the provisions of Section 53325.4 of the Government Code and Division 15, commencing with Section 15000 of the Elections Code of the State of California, I did canvass the return of the votes cast at the Special Election on October 2, 2023, held in CITY OF CALIMESA COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SUMMERWIND TRAILS) IMPROVEMENT AREA NO. 3
ANNEXATION NO. 2
I FURTHER CERTIFY that the Statement of All Votes Cast, to which this certificate is attached, shows the total number of ballots cast within the property within Improvement Area No. 3 of the CFD for the Proposition, and the totals of the respective columns and the totals as shown for the Proposition are full, true and correct.
WITNESS my hand and Official Seal this 2
nd day of October, 2023.
CITY OF CALIMESA, CALIFORNIA, acting as
the LEGISLATIVE BODY OF THE CITY OF
CALIMESA COMMUNITY FACILITIES
DISTRICT NO. 2018-1 (SUMMERWIND
TRAILS)
By: ______________________________________
DARLENE GERDES, City Clerk
137053114.1 A-2
CITY OF CALIMESA
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SUMMERWIND TRAILS)
STATEMENT OF ALL VOTES CAST
SPECIAL ELECTION
FOR ANNEXATION NO. 2
IMPROVEMENT AREA NO. 3
OCTOBER 2, 2023
Qualified Landowner Votes Votes Cast YES NO
12
8/29/23
137053088.1
RESOLUTION NO. 2023-57
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA,
ACTING AS THE LEGISLATIVE BODY OF THE CITY OF CALIMESA
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SUMMERWIND
TRAILS), ANNEXING ANNEXATION NO. 2 AS IMPROVEMENT AREA
NO. 3 TO SAID DISTRICT AND AUTHORIZING THE LEVY OF A
SPECIAL TAX WITHIN SAID IMPROVEMENT AREA NO. 3
WHEREAS, on August 21, 2023, the City Council (the “ City Council”) of the City of Calimesa, California (the “City”), acting as the legislative body of the City of Calimesa Community Facilities District No. 2018-1 (Summerwind Trails) (the “CFD”), adopted Resolution No. 2023-48 (the “Resolution of Intention to Annex”) stating its intention to annex certain property (“Annexation No. 2”) to be designated as Improvement Area No. 3 (“Improvement Area No. 3”) into the CFD pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, (the “Act”); and
WHEREAS, notice was published as required by law relative to the intention of the City Council to annex into the CFD proposed Improvement Area No. 3; and WHEREAS, on October 2, 2023, this City Council held a duly noticed public hearing as required by law relative to the determination to proceed with the annexation into the CFD of Improvement Area No. 3; and
WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the annexation into the CFD of Improvement Area No. 3 were heard and a full and fair hearing was held; and
WHEREAS, the City Council subsequent to said hearing adopted a resolution determining the validity of prior proceedings relative to the annexation into the CFD of Improvement Area No. 3 and the authorization of the levy of a special tax within Improvement Area No. 3 and called an election for Annexation No. 2 with proposed Improvement Area No. 3 for October 2, 2023, on the proposition of annexing into the CFD and the levying of a special tax for such annexation; and WHEREAS, on October 2, 2023, an election was held within proposed Improvement Area No. 3 in which the eligible electors of such annexation approved by more than two-thirds vote the proposition of annexing into the CFD and the levying of a special tax within Improvement Area No. 3; and
WHEREAS, this City Council, by the adoption of Ordinance No. 385 (the “Ordinance”), as authorized by Section 53340 of the Act, has authorized the levy of such special taxes within the CFD for Annexation No. 1 and any annexations to the CFD, including Annexation No. 2;
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
CALIMESA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF CALIMESA Attachment 7D
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SUMMERWIND TRAILS), AS FOLLOWS:
Section 1. The above recitals are all true and correct.
Section 2. Annexation No. 2, designated as Improvement Area No. 3, is hereby annexed into the CFD and hereafter all references to the CFD shall include Improvement Area No.
3. Section 3. A special tax (the “Special Tax B”) shall be levied within the boundaries of Improvement Area No. 3 pursuant to the rate and method of apportionment set forth in Exhibit “A” attached to the Resolution of Intention to Annex and incorporated by reference (the “IA3 RMA”), in an amount necessary to finance all or a portion of the cost of providing certain public services and maintenance that are in addition to those provided in the territory within Improvement Area No. 3 prior to the annexation to the CFD, periodic costs, and costs of the tax levy and collection.
Section 4. This resolution shall constitute a Resolution of Annexation within the meaning of the Ordinance and Annexation No. 2 shall be subject to the terms of the Ordinance.
Section 5. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, the City Council hereby establishes the following accountability measures pertaining to the levy by the CFD of the Special Tax B above:
(1) Such Special Tax B shall be levied for the specific purposes set forth in Section 3 hereof.
(2) The proceeds of the levy of such Special Tax B shall be applied only to the specific purposes set forth in Section 3 hereof.
(3) The CFD shall establish an account or accounts into which the proceeds of such Special Tax B shall be deposited.
(4) The City Manager, or his or her designee, acting for and on behalf of the CFD, shall annually file a report with the Council as required pursuant to Government Code Section 50075.3.
Section 6. The Office of the City Manager, 908 Park Avenue, Calimesa, California 92320, (909) 795-9801, or its designee, is designated to be responsible for preparing annually a current roll of special tax levy obligations by assessor’s parcel number and for estimating future special tax levies pursuant to Section 53340.1 of the Government Code.
Section 7. This resolution shall become effective upon its passage and adoption.
137053088.1
PASSED, APPROVED AND ADOPTED this 2
nd day of October 2, 2023, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
WILLIAM DAVIS, MAYOR
ATTEST:
DARLENE GERDES, CITY CLERK
APPROVED AS TO FORM:
QUINN BARROW, CITY ATTORNEY
City of Calimesa
Public Services
Community Facilities District No. 1
(Law Enforcement, Fire, Paramedic and
Park Maintenance Services)
Annexation No. 4
Public Report
October 2, 2023
Attachment 7E
City of Calimesa
City Council
William “Bill” Davis, Mayor
Wendy Hewitt, Mayor Pro Tem
Linda Molina, Council Member
Jeff Cervantez, Council Member
John Manly, Council Member
City Manager
Will Kolbow
Finance Director
Celeste Reid
TABLE OF CONTENTS
Introduction ........................................................................................................................ 1 A. Description of PSCFD No. 1 ......................................................................................... 2 B. Description of Services ................................................................................................ 2 C. Boundaries of The Community Facilities District ........................................................ 2 D. Cost Estimate .............................................................................................................. 3 E. Rate And Method of Apportionment ......................................................................... 3 F. General Terms And Conditions ................................................................................... 3 Exhibit A – Boundary Map ............................................................................................... A-1 Exhibit B – Cost Estimates ................................................................................................ B-1 Exhibit C – Rate and Method of Apportionment ............................................................. C-1
City of Calimesa 1
Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) Annexation No. 4
October 2, 2023. Public Hearing
INTRODUCTION
The City Council of the City of Calimesa (the “Council”) did, pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), on August 21, 2023 adopt a resolution entitled “Resolution of Intention of the City Council of the City of Calimesa, Acting as the Legislative Body of the City of Calimesa Public Services Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services), Declaring its Intention to Annex Property into said District, Authorize the Levy of a Special Tax within Annexation Area No. 4, and Designate Certain Property for Future Annexation to Said District” (the “Resolution of Intention”). In the Resolution of Intention the Council expressly ordered the preparation of a written Community Facilities District Report (the “Report”) for Annexation Area No. 4, for the proposed Public Services Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) (“PSCFD No. 1,” or the “District”).
The Resolution of Intention ordering the Report did direct that the Report generally contain the following:
1. a brief description the Services which are required to adequately meet the needs of Annexation No. 4 and the Future Annexation Area; and
2. an estimate of the cost of providing the Services, including an estimate of the fair and reasonable cost of all Incidental Expenses, determination of the amount of any special taxes, collection of any special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the City with respect to the District, and any other expenses incidental to the construction, completion and inspection of the authorized work to be paid through the proposed financing, and the costs associated with the providing the authorized Services.
For particulars, reference is made to the Resolution of Intention (Resolution Number 2023-49) for the District, as previously approved and adopted by Council.
Now, Therefore Koppel & Gruber Public Finance, the appointed responsible firm directed to prepare the Report, does hereby submit the following:
City of Calimesa 2
Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) Annexation No. 4
October 2, 2023. Public Hearing
A. DESCRIPTION OF PSCFD NO. 1, ANNEXATION NO. 4
PSCFD No. 1, Annexation No. 4 is comprised of approximately 22.16 net acres of commercially and residentially zoned land in the City of Calimesa known as Summerwind Commons. The Annexation is expected to develop into 168 residential units and 11.91 acres of commercial. A map showing the boundaries of Public Services Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services), Annexation No. 4 is included in Exhibit “A” of this Report.
Table 1 below shows the expected minimum taxable acreage for Annexation No. 4.
Additionally, this annexation sets forth the remaining area of the City that is not already within the boundaries of PSCFD No. 1.
PSCFD No. 1, Annexation No. 4 Estimated Taxable Acreage Annexation No. 4 22.16
B. DESCRIPTION OF SERVICES
The purpose of PSCFD No. 1 is to provide for the cost of providing (1) police protection services, (2) fire protection/paramedic services, and (3) park maintenance services that are in addition to those provided in the territory within the Annexation and Future Annexation Area prior to the annexation into PSCFD No. 1 and (4) the incidental expenses related to administering PSCFD No. 1.
C.BOUNDARIES OF ANNEXATION NO. 4 AND FUTURE
ANNEXATION AREA
A reduced map of the boundaries of PSCFD No. 1, Annexation No. 4 titled “Annexation Map No. 4, City of Calimesa, Public Services Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services)” including the Future Annexation Area is included in Exhibit “A” and is incorporated herein. This map also includes the territory that is not included in PSCFD No. 1 as a Future Annexation Area.
A full-scale map is on file with the Clerk of the City of Calimesa and was recorded with the County Recorder in the County of Riverside in Book 91 of Maps of Assessment and Community Facilities Districts, Page 71-72, Document Number 2023-0255175.
City of Calimesa 3
Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) Annexation No. 4
October 2, 2023. Public Hearing
D. COST ESTIMATE
As discussed above, PSCFD No. 1, Annexation No. 4 includes the costs of Services. The budget for Annexation No. 4 Services is estimated at $164,171 for fiscal year 2023/2024, based on the special taxes expected to be generated from the annexation at build out.
The estimated costs of the Services are shown in 2023 dollars. For particulars on the estimated cost of Services, reference is made to Exhibit “B” of this Report.
E. RATE AND METHOD OF APPORTIONMENT
The Rate and Method of Apportionment provides sufficient information to allow a property owner within Annexation No. 4 of PSCFD No. 1 and the Future Annexation Area to estimate the Maximum Special Tax B for his or her property.
For particulars on the Rate and Method of apportionment, reference is made to Exhibit “C” of this report. The table below provides the fiscal year 2023/2024 special tax rates.
Classification FY 2023/2024
Maximum Special Tax
Single Family Residential Property $721.47 per Unit
Multi-Family Property $541.12 per Unit
Non-Residential Property $3,607.42 per Acre
F. GENERAL TERMS AND CONDITIONS
The description of the Services is general in nature. The final nature and location of the Services that will be provided and/or maintained will be determined upon approval of such Services.
City of Calimesa A-1
Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) Annexation No. 4
October 2, 2023 Public Hearing
EXHIBIT A
BOUNDARY MAP FOR ANNEXATION NO. 4
PUBLIC SERVICES COMMUNITY FACILITIES DISTRICT
NO. 1
(LAW ENFORCEMENT, FIRE, PARAMEDIC AND PARK
MAINTENANCE SERVICES)
A reduced copy of the Boundary Map follows. The original map is on file in the Office of the City Clerk and in the records of the County Recorder, County of Riverside, State of California.
City of Calimesa A-1
Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) Annexation No. 4
October 2, 2023 Public Hearing
City of Calimesa A-1
Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) Annexation No. 4
October 2, 2023 Public Hearing
City of Calimesa B-1
Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) Annexation No. 4
October 2, 2023 Public Hearing
EXHIBIT B
COST ESTIMATES
Services Budget
The budget below reflects the maintenance costs for Annexation No. 4. The Special Tax will be levied each fiscal year based on the methodology set out in the Rate and Method of Apportionment based on the proportions set forth at the time of formation. The total costs for Services are estimates only. The City has the ability to reallocate amounts between line items as long as the total costs do not exceed the total budgeted amounts, which are subject to escalation.
Annexation No. 4
Services Budget Fiscal Year 2023/2024
Direct Costs Total
Police Services $71,379
Fire Services $44,255
Park Maintenance $48,538
Total Estimated Budget $164,171
City of Calimesa C-1
Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) Annexation No. 4
October 2, 2023 Public Hearing
EXHIBIT C
RATE AND METHOD OF APPROTIONMENT
CITY OF CALIMESA
PUBLIC SERVICES COMMUNITY FACILITIES
DISTRICT NO. 1
(LAW ENFORCEMENT, FIRE, PARAMEDIC AND
PARK MAINTENANCE SERVICES)
RATE AND METHOD OF APPORTIONMENT
A Special Tax shall be levied on all Taxable Property within the boundaries of the City of Calimesa Public Services Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) (“CFD No. 1”) and collected each Fiscal Year commencing in Fiscal Year 2006-2007 according to the tax liability determined by the City Council, through the application of the rate and method of apportionment of the Special Tax set forth below. All Taxable Property shall be taxed to the extent and in the manner herein provided.
1. Definitions
“Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final Subdivision Map, parcel map, condominium plan, or other recorded County parcel map. An Acre means 43,560 square feet of land. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expenses” means the costs incurred by the City to determine, levy and collect the Special Taxes, including salaries of City employees and the fees of consultants and the costs of collecting installments of the Special Taxes upon the general tax rolls; preparation of required reports, and any other costs required to administer CFD No. 1 as determined by the City.
“Annual Cost(s)” means for each Fiscal Year, the total of 1) the estimated cost of Services as determined by the City; 2) Administrative Expenses, and 3) any amounts needed to cure actual or projected delinquencies in Special Taxes for the current or previous Fiscal Year.
“Annual Tax Escalation Factor” means an increase in the Maximum Special Tax each year following the Base Year in an amount not to exceed the greater of Consumer Price Index (All Items) for Los Angeles – Riverside – Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year or two percent (2%) annually. “Assessor” means the Assessor of the County of Riverside.
City of Calimesa 1 Public Services
Community Facilities District No. 1
“Assessor's Parcel” means a lot or parcel shown on an Assessor's Parcel Map with an assigned Assessor's Parcel Number.
“Assessor’s Parcel Map” means an official map of the Assessor designating parcel(s) by Assessor’s Parcel Number(s).
“Assessor's Parcel Number” means the number assigned to an Assessor’s Parcel by the County for purposes of identification.
“Base Year” means Fiscal Year ending June 30, 2007.
“CFD No. 1” means the City of Calimesa Public Services Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance). “CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Annual Costs and preparing the annual Special Tax roll. “City” means the City of Calimesa, California.
“City Council” means the City Council of the City of Calimesa which acts for CFD No. 1 under the Act.
“County” means the County of Riverside, California.
“Developed Property” means for each Fiscal Year, commencing with Fiscal Year 2006- 2007, each Assessor’s Parcel, for which a building permit for new construction was issued, prior to May 1 of the previous Fiscal Year.
“Exempt Property” means an Assessor’s Parcel that is not classified as Taxable Property. Exempt Property is not subject to the Special Tax. “Fiscal Year” means the period starting on July 1 and ending the following June 30. “Land Use Class” means any of the classes listed in Table 1 under Section 3 below. “Maximum Special Tax” means the greatest amount of Special Tax, determined in accordance with Section 3 below, which may be levied in any Fiscal Year on any Assessor’s Parcel.
“Multi-Family” means all Residential Property for which a building permit has been issued for attached residential units or manufactured home for which an Assessor’s Parcel Number is not assigned.
“Non-Residential Property” means all Developed Property for which a building permit(s) was issued for a non-residential use.
“Public Property” means any property within the boundaries of CFD No. 1, the ownership of which is transferred to a public agency of CFD No. 1, and is used for rightsof-way or any other purpose and is owned by, or irrevocably offered for dedication to the City of Calimesa 2 Public Services
Community Facilities District No. 1
federal government, the State of California, the County, the City or any other public agency where the public agency has officially agreed to accept the offer of dedication; provided however that any property owned by a public agency and leased to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use.
“Residential Property” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units.
“Services” means services, including 1) police protection services, 2) fire protection/paramedic services, and 3) park maintenance services that are in addition to those services that were provided within the boundaries of CFD 1 at the time of formation of CFD 1.
“Single-Family” means all Residential Property for which a building permit has been issued for single family detached residential development or manufactured home for which an Assessor’s Parcel Number is assigned.
“Special Tax” means any special tax authorized to be levied within CFD No. 1 pursuant to the Act and this Rate and Method of Apportionment.
“State” means the State of California.
“Taxable Property” means all of the Assessor's Parcels within the boundaries of CFD 1 that are classified as Residential Property or Non-Residential Property.
2. Land Use Classification
Each Fiscal Year, each Assessor’s Parcel within the boundaries of CFD No. 1 shall be classified as Taxable Property, Public Property or Exempt Property. Each Assessor’s Parcel of Taxable Property shall be classified as Residential Property or NonResidential Property. Each Assessor’s Parcel of Residential Property shall be further classified as either a Single-Family or a Multi-Family .
City of Calimesa 3 Public Services
Community Facilities District No. 1
3. Maximum Special Tax Rates
Table 1
Fiscal Year 2006/2007
Maximum Special Tax Rates
Land Use
Class Description
Maximum
Special Tax
1 Residential Property
Single-Family $429.65 per Unit
2 Residential Property
Multi-Family $322.24 per Unit
3 Non-Residential Property $2,148.27 per Acre
Escalation of Maximum Special Tax
Each Fiscal Year following the Base Year, the Maximum Special Tax shall be increased in accordance with the Annual Tax Escalation Factor and otherwise adjusted as provided in this rate and method of apportionment.
Multiple Land Use Classes
In some instances an Assessor’s Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Taxes for all Land Use Classes located on that Assessor’s Parcel. For an Assessor’s Parcel that contains both Residential Property and Non-Residential Property, the Acreage of such Assessor’s Parcel shall be allocated to each type of property based on the amount of Acreage designated for each Land Use Class as determined by reference to the site plan approved for such Assessor’s Parcel. The CFD Administrator’s allocation to each type of property shall be final.
4. Method of Apportionment
For each Fiscal Year, commencing Fiscal Year 2006/2007, the CFD Administrator shall determine the Annual Costs and calculate the Special Tax so that the amount of Special Taxes equals the Annual Costs. The Special Tax shall be levied on Taxable Property each Fiscal Year as follows:
First: Calculate the available Special Tax revenues by setting the Special Tax on each Assessor’s Parcel of Taxable Property at 100% of its Maximum Special Tax. If revenues are greater than the Annual Costs, then reduce the Special Tax City of Calimesa 4 Public Services
Community Facilities District No. 1
proportionately against all Assessor’s Parcels until the tax levy is set at an amount sufficient to cover the Annual Costs.
Second: Levy on each Assessor’s Parcel of Taxable Property the amount calculated above. No Special Tax shall be levied on Exempt Property.
The City shall make every effort to correctly assign the number of taxable units and calculate the Special Tax for each Assessor’s Parcel.
5. Collection of Special Taxes
Collection of the Special Tax shall be by the County in the same manner as ordinary ad valorem property taxes are collected and the Special Tax shall be subject to the same penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided, however, that the City Council may provide for other means of collecting the Special Tax if necessary to meet its financial obligations, including direct billings to the property owners.
6. Administrative Changes and Appeals
Any landowner who pays the Special Tax and claims the amount of the Special Tax levied on his or her Assessor’s Parcel is in error shall first consult with the CFD Administrator regarding such error not later than twelve (12) months after first having paid the first installment of the Special Tax that is disputed. If following such consultation, the CFD Administrator determines that an error has occurred, the CFD Administrator may recommend changing the amount of the Special Tax levied on such Assessor’s Parcel. If following such consultation and action, if any by the CFD Administrator, the landowner believes such error still exists, such person may file a written notice with the City Manager or designee of the City appealing the amount of the Special Tax levied on such Assessor’s Parcel. Upon the receipt of such notice, the City Manager or designee may establish such procedures as deemed necessary to undertake the review of any such appeal. The City Manager or designee thereof shall interpret this Rate and Method of Apportionment and make determinations relative to the administration of the Special Tax and any landowner appeals. The decision of the City Manager or designee shall be final and binding as to all persons.
Interpretations may be made by Resolution of the City Council for purposes of clarifying any vagueness or ambiguity as it relates to the Special Tax, the Rate and Method of Apportionment, the classification of properties, or any definition applicable to CFD No. 1.
7. Term of Special Tax
The Special Tax shall be levied annually in perpetuity, unless terminated earlier by the City Council.
City of Calimesa 5 Public Services
Community Facilities District No. 1
9/11/23
137053113.2
RESOLUTION NO. 2023-58
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA
DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING
TO ANNEXATION OF PROPERTY INTO CITY OF CALIMESA PUBLIC
SERVICES COMMUNITY FACILITIES DISTRICT NO. 1 (LAW
ENFORCEMENT, FIRE, PARAMEDIC AND PARK MAINTENANCE
SERVICES), CALLING SPECIAL ELECTION RELATED TO ANNEXATION AREA NO. 4, AND APPROVING FUTURE ANNEXATION AREA
WHEREAS, the City Council (the “Council”) of the City of Calimesa, California (the “City”), has heretofore formed the City of Calimesa Public Services Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) (the “CFD”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, (the “Act”); WHEREAS, the City Council, acting as the legislative body of the CFD, has heretofore adopted Resolution No. 2023-49 (the “Resolution of Intention”) stating its intention to annex certain property to the CFD (“Annexation Area No. 4”) and designate certain property as additional future annexation to the CFD (“Future Annexation Area”) pursuant to the Act; and WHEREAS, a copy of the Resolution of Intention incorporating a description and map of the proposed boundaries of Annexation Area No. 4, and the proposed boundaries of the area designated as the Future Annexation Area, and setting forth the rate and method of apportionment (the “RMA”) and manner of collection of the special tax to be levied within Annexation Area No. 4, which will be used to finance the cost of providing certain services and maintenance, including but not limited to, law enforcement, fire, paramedic and park maintenance services (the “Services”) that are in addition to those provided in the territory within Annexation Area No. 4 prior to the annexation of Annexation Area No. 4 to the CFD and within Future Annexation Area prior to annexation of such Future Annexation Area, and do not supplant services already available within the territory proposed to be included in Annexation Area No. 4, and the Future Annexation Area, if annexed, is on file with the City Clerk and is incorporated herein by reference; and WHEREAS, the Resolution of Intention set October 2, 2023 as the date of the public hearing on the annexation of Annexation Area No. 4 to the CFD, and the designation of the Future Annexation Area, and this Council held the said public hearing as required by law; and WHEREAS, prior to the commencement of the hearing, there was filed with the City Council a Community Facilities Report prepared by Koppel & Gruber Public Finance (the “CFD Report”) containing a boundary map of Annexation Area No. 4, including the proposed boundaries of the Future Annexation Area, a description of the Services, an estimate of the costs of the Services and incidental expense to be financed by properties within Annexation Area No. 4, and the CFD Report has been reviewed by the Council and is incorporated herein and made a part of the record of the public hearing; and
WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the annexation of proposed Annexation Area No. 4 to the CFD and the designation of the Future Annexation Area were heard and a full and fair hearing was held; and Attachment 7F
137053113.2 2
WHEREAS, at said hearing evidence was presented to the Council on said matters before it, and this Council at the conclusion of said hearing is fully advised in the premises.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
CALIMESA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF CALIMESA PUBLIC SERVICES COMMUNITY FACILITIES DISTRICT NO. 1 (LAW ENFORCEMENT, FIRE, PARAMEDIC AND PARK MAINTENANCE SERVICES), AS FOLLOWS:
Section 1. Pursuant to Section 53325.1(b) of the Government Code, the Council finds and determines that the proceedings prior hereto were valid and in conformity with the requirements of the Act.
Section 2. Written protests against annexation of Annexation Area No. 4, or against the furnishing of specified services or the levying of a specified special tax within Annexation Area No. 4, have not been filed by fifty percent (50%) or more of the registered voters, or six registered voters, whichever is more, residing within the existing CFD, or fifty percent (50%) or more of the registered voters or six registered voters, whichever is more, residing within Annexation No. 4, or by the owners of one-half or more of the area of land in the territory included in the existing CFD, or by the owners of one-half or more of the area of land in Annexation No. 4.
Section 3. Written protests against the future annexation of the Future Annexation Area, or against the furnishing of specified services or facilities or the levying of a specified special tax within such Future Annexation Area, have not been filed by fifty percent (50%) or more of the registered voters, or six registered voters, whichever is more, residing within the existing CFD, or fifty percent (50%) or more of the registered voters or six registered voters, whichever is more, residing within the Future Annexation Area, or by the owners of one-half or more of the area of land in the territory included in the existing CFD, or by the owners of one-half or more of the area of land in the Future Annexation Area.
Section 4. The description and map of the boundaries of Annexation Area No. 4 on file in the City Clerk’s office and as described in the Resolution of Intention and incorporated herein by reference, shall be the boundaries of Annexation Area No. 4. The map of the proposed boundaries of Annexation Area No. 4 has been recorded in the Office of the County Recorder of Riverside County, California in Book 91, pages 71-72 of the Book of Maps of Assessments and Community Facilities Districts (Instrument Number 2023-0255175).
Section 5. The description and map of the boundaries of the Future Annexation Area on file in the City Clerk’s office and as described in the Resolution of Intention and incorporated herein by reference, shall be the boundaries of the Future Annexation Area. The map of the boundaries of the Future Annexation Area is shown on map described in Section 4 above.
Section 6. Except where funds are otherwise available, it is proposed that there shall be levied annually on nonexempt property within Annexation No. 4 and on nonexempt property within the Future Annexation Area upon annexation, in accordance with procedures contained in the Act, the Special Tax sufficient to finance the Services that are in addition to those provided in the territory within Annexation Area No. 4 prior to the annexation thereof to the CFD and do not supplant services already available within the territory proposed to be included in Annexation Area
137053113.2 3
No. 4. The RMA and manner of collection is described in detail in Exhibit “A” attached to the Resolution of Intention and incorporated herein by this reference. The Special Tax shall be utilized to pay for authorized services.
Section 7. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the Special Tax shall attach to all taxable real property in Annexation Area No. 4 and, upon annexation, in the Future Annexation Area, and this lien shall continue in force and effect until the special tax obligation is canceled in accordance with law or until collection of the tax by the City ceases.
Section 8. Pursuant to Section 53339.7(a) of the Act, the Council provides for the annexation of all or a portion of the Future Annexation Area to the CFD upon the unanimous written approval of the owner or owners of each parcel or parcels requesting annexation within the Future Annexation Area at the time of such request, without additional hearings or further action from the Council.
Section 9. Council finds that the Services are necessary to meet the increased demand put upon the City as a result of the development within Annexation Area No. 4.
Section 10. The Council finds that there is not an ad valorem property tax currently being levied on property within Annexation Area No. 4 for the exclusive purpose of financing law enforcement, fire, paramedic and park maintenance services.
Section 11. Pursuant to Government Code Section 53353.5, the Council hereby submits to the qualified electors of Annexation Area No. 4 a proposition (the “Proposition”) to annex into the CFD Annexation Area No. 4 and to levy special taxes on property within Annexation Area No. 4 in accordance with the RMA. The Proposition is attached as Exhibit “A.” Section 12. A special election is hereby called for the Annexation Area No. 4 within the CFD on the Proposition set forth in Section 11 above.
Section 13. The Council hereby directs that the election be conducted by the City Clerk of the City of Calimesa, as the elections official.
Section 14. The City Clerk shall mail or hand deliver the ballots to the landowners immediately upon the adoption of this Resolution.
Section 15. The time for notice having been waived by the qualified electors, the date of the special election for the annexation of Annexation Area No. 4 to the CFD on the applicable proposition shall be on the 2
nd day of October, 2023. The voter ballots shall each be returned to the City Clerk at 908 Park Avenue, Calimesa, California, no later than 11:00 o’clock p.m. on October 2, 2023. The election may be closed with the concurrence of the City Clerk, as soon as all of the ballots for such election are returned.
Section 16. The Council finds and determines that there were no registered voters residing within the territory of proposed Annexation Area No. 4 at the time of the protest hearing and ninety (90) days prior thereto. The requirements of Section 53326 of the Government Code having been waived by all of the landowners, the ballots for the special election shall be personally
137053113.2 4
delivered to the landowners within Annexation Area No. 4. Each landowner shall have one (1) vote for each acre or portion thereof that he or she owns within Annexation Area No. 4 as provided by Section 53326 of the Act.
Section 17. Annexation Area No. 4 within the CFD shall constitute a single election precinct for the purpose of holding said election relating to Annexation Area No. 4.
Section 18. The City Clerk is directed to certify and attest to this Resolution and to take any and all necessary acts to call, hold, canvass and certify an election or elections on the levy of the special tax.
Section 19. This Resolution shall take effect from and after the date of its passage and adoption.
PASSED, APPROVED AND ADOPTED this 2
nd day of October, 2023, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
WILLIAM DAVIS, MAYOR
ATTEST:
DARLENE GERDES, CITY CLERK
APPROVED AS TO FORM:
QUINN BARROW, CITY ATTORNEY
9/11/23
137053113.2
YES
NO
EXHIBIT A
CITY OF CALIMESA
PUBLIC SERVICES COMMUNITY FACILITIES DISTRICT NO. 1
(LAW ENFORCEMENT, FIRE, PARAMEDIC AND PARK MAINTENANCE SERVICES) ANNEXATION AREA NO. 4
SPECIAL TAX ELECTION
October 2, 2023
To vote, mark an “X” in the voting square after the word “YES” or after the word “NO.” All marks otherwise made are forbidden.
This ballot is provided to ___________________________________, as owner or authorized representative of such owner of land within Annexation Area No. 4 of City of Calimesa Public Services Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) and represents ___ votes.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Calimesa at 908 Park Avenue, Calimesa, California 92320.
PROPOSITION Shall City of Calimesa Public Services Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) (the “CFD”) annex property known as Annexation Area No. 4 and be authorized to levy special taxes within Annexation Area No. 4 of the CFD pursuant to the rate and method of apportionment of special taxes (the “RMA”) set forth in Resolution No. 2023-49 to finance the authorized services, all as provided for in the RMA?
8/29/23
137142471.1
RESOLUTION NO. 2023-59
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA ACTING ON
BEHALF OF CITY OF CALIMESA PUBLIC SERVICES COMMUNITY FACILITIES DISTRICT NO. 1 (LAW ENFORCEMENT, FIRE, PARAMEDIC AND PARK
MAINTENANCE SERVICES) CANVASSING THE RESULTS OF THE ELECTION HELD WITHIN ANNEXATION AREA NO. 4 PROPOSED TO BE ANNEXED TO SAID
DISTRICT
WHEREAS, the City Council (the “Council”) of the City of Calimesa, California has previously conducted proceedings pertaining to the annexation of certain property (“Annexation Area No. 4”), into the City of Calimesa Public Services Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) (the “CFD”), the rate and method of apportionment of a special tax to finance the cost of providing certain public services (the “Services”), and the calling of an election in regard to the foregoing; and WHEREAS, the landowners of record within the CFD as of the close of the public hearing held on October 2, 2023 unanimously consented to a waiver of the time limits for setting the election and a waiver of any written analysis, arguments or rebuttals as set forth in California Government Code sections 53326 and 53327. Such waivers are set forth in the written petition executed by the landowners which is on file with the City Clerk as election official (the “Election Official”) concurring therein; and
WHEREAS, on October 2, 2023, an election was held within Annexation Area No. 4 regarding annexation to the CFD and the levy of a proposed special tax in accordance with the rate and method of apportionment of special tax (the “RMA”); and WHEREAS, there has been presented to the Council a Certificate of the Election Official as to the Results of the Canvass of the Election Returns (the “Certificate of the Election Official”), a copy of which is attached hereto as Exhibit “A”; and
WHEREAS, at such election the proposal for the annexation of Annexation Area No. 4 to the CFD and the levy of a special tax pursuant to the RMA for nonexempt parels within Annexation Area No. 4 was approved by the qualified electors of Annexation Area No. 4;
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
CALIMESA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF CALIMESA PUBLIC SERVICES COMMUNITY FACILITIES DISTRICT NO. 1 (LAW ENFORCEMENT, FIRE, PARAMEDIC AND PARK MAINTENANCE SERVICES), AS FOLLOWS:
Section 1. It is hereby determined that the election conducted within Annexation Area No. 4 was duly and validly conducted.
Section 2. The canvass of the votes cast at the special election held in Annexation Area No. 4 within the CFD on October 2, 2023, as shown in the Certificate of the Election Official attached hereto, is hereby approved and confirmed.
Attachment 7G
137142471.1 2
Section 3. The Proposition presented to the qualified electors within Annexation Area No. 4 of the CFD for receipt by the Election Official on October 2, 2023, has carried.
Section 4. The Council, acting as the legislative body of the CFD, is authorized to annex Annexation Area No. 4 to the CFD and to levy the special tax on behalf of the CFD on nonexempt properties within Annexation Area No. 4.
Section 5. This Resolution shall take effect from and after the date of its passage and adoption.
PASSED, APPROVED AND ADOPTED this 2
nd day of October, 2022, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
WILLIAM DAVIS, MAYOR
ATTEST:
DARLENE GERDES, CITY CLERK
APPROVED AS TO FORM:
QUINN BARROW, CITY ATTORNEY
137142471.1 A-1
EXHIBIT A
CITY OF CALIMESA
PUBLIC SERVICES COMMUNITY FACILITIES DISTRICT NO. 1 (LAW
ENFORCEMENT, FIRE, PARAMEDIC AND PARK MAINTENANCE SERVICES)
CERTIFICATE OF THE ELECTION OFFICIAL
AS TO THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF CALIMESA )
I, DARLENE GERDES, City Clerk in my capacity as Elections Official in the City of Calimesa, California, in its capacity as the legislative body of the City of Calimesa Public Services Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) (the “CFD”), DO HEREBY CERTIFY, that pursuant to the provisions of Section 53325.4 of the Government Code and Division 15, commencing with Section 15000 of the Elections Code of the State of California, I did canvass the return of the votes cast at the Special Election on October 2, 2023, held in
CITY OF CALIMESA PUBLIC SERVICES COMMUNITY FACILITIES DISTRICT NO. 1 (LAW ENFORCEMENT, FIRE, PARAMEDIC AND PARK MAINTENANCE SERVICES) – ANNEXATION AREA NO. 4
I FURTHER CERTIFY that the Statement of All Votes Cast, to which this certificate is attached, shows the total number of ballots cast within the property within Annexation Area No. 4 of the CFD for the Proposition, and the totals of the respective columns and the totals as shown for the Proposition are full, true and correct.
WITNESS my hand and Official Seal this 2
nd day of October, 2022.
CITY OF CALIMESA, CALIFORNIA, acting as
the LEGISLATIVE BODY OF THE CITY OF
CALIMESA PUBLIC SERVICES COMMUNITY
FACILITIES DISTRICT NO. 1 (LAW
ENFORCEMENT, FIRE, PARAMEDIC AND
PARK MAINTENANCE SERVICES)
By: ______________________________________
DARLENE GERDES, City Clerk
137142471.1 A-2
CITY OF CALIMESA
PUBLIC SERVICES COMMUNITY FACILITIES DISTRICT NO. 1 (LAW
ENFORCEMENT, FIRE, PARAMEDIC AND PARK MAINTENANCE SERVICES)
STATEMENT OF ALL VOTES CAST
SPECIAL ELECTION
FOR ANNEXATION AREA NO. 4
OCTOBER 2, 2023
Qualified Landowner Votes Votes Cast YES NO
37
8/29/23
137053086.1
RESOLUTION NO. 2023-60
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA,
ACTING AS THE LEGISLATIVE BODY OF THE CITY OF CALIMESA
PUBLIC SERVICES COMMUNITY FACILITIES DISTRICT NO. 1 (LAW
ENFORCEMENT, FIRE, PARAMEDIC AND PARK MAINTENANCE
SERVICES), ANNEXING ANNEXATION AREA NO. 4 TO SAID
DISTRICT AND AUTHORIZING THE LEVY OF A SPECIAL TAX
WITHIN SAID ANNEXATION AREA NO. 4
WHEREAS, on October 3, 2022, the City Council (the “ City Council”) of the City of Calimesa, California (the “City”), acting as the legislative body of the City of Calimesa Public Services Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) (the “CFD”), adopted Resolution No. 2022-57 (the “Resolution of Intention to Annex”) stating its intention to annex certain property (“Annexation Area No. 4”) into the CFD pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, (the “Act”); and WHEREAS, notice was published as required by law relative to the intention of the City Council to annex into the CFD Annexation Area No. 4; and WHEREAS, on October 2, 2023, this City Council held a duly noticed public hearing as required by law relative to the determination to proceed with the annexation into the CFD of Annexation Area No. 4; and
WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the annexation into the CFD of Annexation Area No. 4 were heard and a full and fair hearing was held; and
WHEREAS, the City Council subsequent to said hearing adopted a resolution determining the validity of prior proceedings relative to the annexation into the CFD of Annexation Area No. 4 and the authorization of the levy of a special tax within Annexation Area No. 4 and called an election within Annexation Area No. 4 for October 2, 2023, on the proposition of annexing into the CFD and the levying of a special tax for such annexation; and WHEREAS, on October 2, 2023, an election was held within Annexation Area No. 4 in which the eligible electors of such annexation approved by more than two-thirds vote the proposition of annexing into the CFD and the levying of a special tax within Annexation Area No. 4; and
WHEREAS, this City Council, by the adoption of Ordinance No. 385 (the “Ordinance”), as authorized by Section 53340 of the Act, has authorized the levy of such special taxes within Annexation Area No. 3 and any annexations to the CFD, including Annexation Area No. 4;
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
CALIMESA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF CALIMESA Attachment 7H
PUBLIC SERVICES COMMUNITY FACILITIES DISTRICT NO. 1 (LAW ENFORCEMENT, FIRE, PARAMEDIC AND PARK MAINTENANCE SERVICES), AS FOLLOWS:
Section 1. The above recitals are all true and correct.
Section 2. Annexation Area No. 4 is hereby annexed into the CFD and hereafter all references to the CFD shall include Annexation Area No. 4.
Section 3. A special tax (the “Special Tax”) shall be levied within the boundaries of Annexation Area No. 4 pursuant to the rate and method of apportionment set forth in Exhibit “A” attached to the Resolution of Intention to Annex and incorporated by reference (the “RMA”), in an amount necessary to finance all or a portion of the cost of providing certain public services and maintenance that are in addition to those provided in the territory within Annexation Area No. 4 prior to the annexation to the CFD, periodic costs, and costs of the tax levy and collection.
Section 4. This resolution shall constitute a Resolution of Annexation within the meaning of the Ordinance and Annexation Area No. 4 shall be subject to the terms of the Ordinance.
Section 5. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, the City Council hereby continues the following accountability measures pertaining to the levy by the CFD of the Special Tax above:
(1) Such Special Tax shall be levied for the specific purposes set forth in Section 3 hereof.
(2) The proceeds of the levy of such Special Tax shall be applied only to the specific purposes set forth in Section 3 hereof.
(3) The CFD shall establish an account or accounts into which the proceeds of such Special Tax shall be deposited.
(4) The City Manager, or his or her designee, acting for and on behalf of the CFD, shall annually file a report with the Council as required pursuant to Government Code Section 50075.3.
Section 6. The Office of the City Manager, 908 Park Avenue, Calimesa, California 92320, (909) 795-9801, or its designee, is designated to be responsible for preparing annually a current roll of special tax levy obligations by assessor’s parcel number and for estimating future special tax levies pursuant to Section 53340.1 of the Government Code.
Section 7. This resolution shall become effective upon its passage and adoption.
137053086.1
PASSED, APPROVED AND ADOPTED this 2
nd day of October, 2023, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
WILLIAM DAVIS, MAYOR
ATTEST:
DARLENE GERDES, CITY CLERK
APPROVED AS TO FORM:
QUINN BARROW, CITY ATTORNEY
City Council Meeting
Agenda Report
Agenda Item No. 8
SUBJECT: CONTINUED PUBLIC HEARING – ENVIRONMENTAL
ASSESSMENT 22-05, GENERAL PLAN AMENDMENT 22-01, AND
ZONE CHANGE 21-01 FOR THE RESIDENTIAL INFILL PRIORITY
AREA OVERLAY ZONE PROJECT (PUBLIC HEARING
CONTINUED FROM THE REGULAR MEETING OF SEPTEMBER
18, 2023)
MEETING DATE: October 2, 2023
PREPARED BY: Kelly Lucia, Planning Director
RECOMMENDATION: That the City Council:
1. Adopt CC Resolution 2023-61, approving Environmental Assessment 22-05, certifying the Environmental Impact Report for the Residential Infill Priority Area Overlay Zone (SCH# 2022030754), and adopting a Mitigation Monitoring and Reporting Program,
2. Adopt CC Resolution 2023-62, approving Segment No. 1 of General Plan Amendment 22-01 for the Residential Infill Priority Area Overlay Zone
3. Adopt CC Resolution 2023-63 approving Segment No. 2 of General Plan Amendment 22-01 for the Residential Infill Priority Area Overlay Zone
4. Adopt CC Resolution 2023-64, approving Segment No. 3 of General Plan Amendment 22-01 for the Residential Infill Priority Area Overlay Zone
5. Introduce Ordinance No. 392, approving Segment No. 1 of Zone Change 21-01 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)
6. Introduce Ordinance No. 393, approving Segment No. 2 of Zone Change 21-01 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)
7. Introduce Ordinance No. 394, approving Segment No. 3 of Zone Change 21-01 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)
BACKGROUND: In recent years, the California Legislature enacted the Housing Crisis Act of 2019 and declared the following:
• California is experiencing a housing supply crisis, with housing demand far outstripping supply. In 2018, California ranked 49th out of the 50 states in housing units per capita.
• Consequently, existing housing in this state, especially in its largest cities, has become very expensive. Seven of the 10 most expensive real estate markets in the United States are in California.
• California is also experiencing rapid year-over-year rent growth with three cities in the state having had overall rent growth of 10 percent or more year-over-year, and of the 50 United States cities with the highest United States rents, 33 are cities in California.
• 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 the next 7 years.
• The housing crisis has particularly exacerbated the need for affordable homes at prices below market rates. Reusing existing infrastructure and developed properties and building more smaller homes with good access to schools, parks, and services, will provide the most immediate help with the lowest greenhouse gas footprint to state residents. California housing has become the most expensive in the nation. The excessive cost of the state’s housing supply is partially caused by activities and policies of many local governments that limit the approval of housing, increase the cost of land for housing, and require that high fees and exactions be paid by producers of housing. • Among the consequences of those actions are discrimination against low-income and minority households, lack of housing to support employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration.
• Many local governments do not give adequate attention to the economic, environmental, and social costs of decisions that result in disapproval of housing development projects, reduction in density of housing projects, and excessive standards for housing development projects.
• California’s overall homeownership rate is at its lowest level since the 1940s.
The state ranks 49th out of the 50 states in homeownership rates as well as in the supply of housing per capita. Only one-half of California’s households are able to afford the cost of housing in their local regions.
1 Housing Elements2
Since 1969, California has required that all local governments (cities and counties) adequately plan to meet the housing needs of everyone in the community. California’s local governments meet this requirement by adopting housing plans (also called “housing elements”) as part of their “general plan”. General plans serve as the local government’s "blueprint" for how the city and/or county will 1 The Housing Crisis Act of 2019, codified in California Government Code Section 66300(d). 2 More information about the housing element requirements is available at the following link:
https://www.hcd.ca.gov/community-development/housing-element/index.shtml.
grow and develop and include seven elements: land use, transportation, conservation, noise, open space, safety, and housing.
California’s housing-element law acknowledges that, in order for the private market to adequately address the housing needs and demand of Californians, local governments must adopt plans and regulatory systems that provide opportunities for (and do not unduly constrain) housing development. As a result, housing policy in California rests largely on the effective implementation of local general plans and, in particular, local housing elements.
Updating a jurisdiction’s housing element, while important to meeting one of the most basic needs of Californians, can be daunting, and a lot is at stake. Individuals and families are directly affected by each jurisdiction’s ability to plan for the housing needs of those who will live, work, and play in every community.
Those who build homes and apartments and help families become homeowners often rely on funding from state and federal housing programs administered by HCD and other state departments and agencies. In some cases, funding from state/federal housing programs can only be accessed if the jurisdiction has a compliant housing element. In other cases, a compliant housing element is not a requirement in order to apply for funding; however, those applying for funding will receive extra points on their application if they do have a compliant housing element (thereby increasing their chances in the competitive application process).
In order to create a housing element showing it could meet the local housing needs, a jurisdiction must first know how much housing it must plan for and estimate how much will be needed at a variety of affordability levels in order to match the needs of the people who will live there. This is determined by a process called the regional housing needs assessment.
The Role of the California Department of Housing and Community Development The California Department of Housing and Community Development (“HCD”) plays the critical role of reviewing every local government’s housing element to determine whether it complies with state law and then submits written findings back to each local government. HCD’s approval is required before a local government can adopt its housing element as part of its overall General Plan.
Grant Funding to Accelerate Housing Production (SB 2 and LEAP Planning Grants) The State has been aware of California’s housing shortage for some time. 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. On October 7, 2019, the City Council adopted CC Resolution 2019- 48 authorizing application for, and receipt of, SB 2 Planning Grant Program Funds.
Staff subsequently submitted an application to the HCD SB 2 program describing the concept of a “Residential Infill Priority Area Overlay Zone” (“Overlay”). The Overlay would 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. The Overlay zone concept was approved by HCD to receive $160,000 grant funding on February 6, 2020.
On January 27, 2020, HCD released a Notice of Funding Availability (“NOFA”) for approximately $119,040,000 as part of the Local Early Action Planning Grants Program (“LEAP”). Similar to the SB 2 program, the LEAP program provides funding to jurisdictions for the preparation and adoption of planning documents, process improvements that accelerate housing production, and facilitate compliance in implementing the sixth cycle of the Regional Housing Needs Assessment (“RHNA”).
On July 20, 2020, the City Council adopted CC Resolution 2020-32 authorizing application for, and receipt of LEAP program funds. Staff subsequently submitted an application to HCD to supplement the grant funds previously awarded by the SB 2 grant. On January 27, 2021, staff was notified that the City of Calimesa was awarded $65,000 in LEAP funds to develop the Overlay Zone.
Public Workshops
During development of the Overlay Zone planning documents, public workshops focused on housing issues in Calimesa were conducted by the Planning Commission on May 10, 2021, and the City Council on June 7, 2021, respectively. The workshops were advertised on the City website, posted in multiple locations at City Hall, and advertised in the Yucaipa-Calimesa News Mirror. Each workshop featured discussion of the 6th Cycle Housing Element update, introduction of the Residential Infill Priority Area Overlay Zone project, residential infill development policies, possible density increases, zone changes, general plan amendments, and changes to allowable housing product types (to include apartments, condominiums, townhomes, duplexes, triplexes, and other multi-family products) at various locations throughout the City.
City of Calimesa Regional Housing Needs Assessment (“RHNA”) Allocation Calimesa’s 6th Cycle (2021-2029) RHNA Allocation:
Total: 2,017 Residential Units
Very-Low Income: 495
Low Income: 275
Moderate Income: 379
Above Moderate Income: 868
The above RHNA allocation is the minimum number of residential units that the City is required to plan for during the subject planning period. The allocation is determined by the Southern California Association of Governments (“SCAG”), and the City is not able to modify these numbers. However, the City Council is able to decide where the units will be located3. The City’s draft Housing 3 SB 35 limits the City’s discretion by requiring a ministerial approval process of certain housing projects.
See Attachment A for reference only. SB 35 information is provided for context as it is existing State legislation that the limits the City Council’s ability to determine where certain income restricted units can
Element that is currently going through the HCD review process proposes to distribute the units Citywide and locate the required housing units at existing residentially zoned sites, within the Summerwind Specific Plan, the Mesa Verde Specific Plan, the JP Ranch (east) community, the Riedman map, within the proposed (not approved) multi-family Heights at Calimesa Specific Plan, through construction of Accessory Dwelling Units (“ADU”s), and through implementation of the Residential Infill Priority Area Overlay Zone Project. Please see Table 1 below for additional information.
Table 1: Summary of RHNA Status and Site Inventory
Extremely
Low/Very
Low Income
Low
Income
Moderate
Income
Above Moderate
Income
Total
2021-2029 RHNA 495 275 379 868 2,017
Pipeline Project (The Heights at
Calimesa)
113 1,068 1,067 2,248
Projected ADU construction 17 10 5 32
Remaining RHNA 640 0 0 0
Existing Sites Available
Residentially Zoned Sites 154 52 506 712
Summerwind Ranch Specific Plan 150 1,266 1,675 3,091
Mesa Verde Specific Plan 185 2,909 556 3,650
Heritage Oaks Specific Plan 0 0 45 45
JP Ranch (east) 24 227 227 478
Riedman Map 9 0 170 179
Subtotal Potential Capacity
Based on Existing GP and Zoning
522 4,454 3,179 8,155
Sites to Accommodate Remaining RHNA Need
Residential Infill Priority Area Overlay
Zone - Area 1 (up to 15 du/acre) 0 0 671
2,156
Residential Infill Priority Area Overlay
Zone - Area 2 (up to 35 du/acre) 372 372 741
Total Development
Potential Capacity 1,024 5,904 5,663 12,591
Planning Commission
The Planning Commission considered the Project at a public hearing held at a special meeting on August 28, 2023. The Planning Commission recommended approval of the Project as presented with a 3-0 vote in favor of recommending approval. Two Planning Commissioners were conflicted from voting on the item, due to their material financial interest in real property due to the proximity of their primary resident to proposed rezone parcels. See Attachment B (PC Resolution 2023-09). be constructed. The Residential Infill Priority Area Overlay Zone Project does not propose any income restricted units.
City Council
The City Council opened the public hearing for the Project, received public comment from five residents, and continued the public hearing to October 2, 2023. To ensure that Councilmembers do not participate in decisions involving parcels proposed to be designated in the General Plan as an RIPAOZ Area and rezoned into the RIPAOZ that are reasonably foreseeable to materially affect their own property interests or properties within 1,000 feet of their property interests, the City Council will consider the Project in three distinct segments pursuant to the requirements of Fair Political Practices Commission Regulation 18706.
Segment No. 1 involves the property identified as Assessor Parcel Map No. 413-320-003. See Attachments G and J.
Segment No. 2 involves the properties identified as Assessor Parcel Map Nos. 411-171-018, 411- 171-041, 410-080-045, 410-080-006, 410-181-013 See Attachments H and K.
Segment No. 3 involves 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, 410-170-007, 410- 170-009, 410-170-010, 410-170-011, 410-170-012, 410-170-013, 410-170-025, 409-100-009, 409- 100-011. See Attachments I and L.
DISCUSSION:
Rezoning to Expand Housing Options (Rezone to Permit By-Right) In response to the State housing crisis, the Planning Department is proposing a “Residential Infill Priority Area Overlay Zone” (RIPAOZ), which if approved, would modify the General Plan and Zoning designation of thirty-six (36) properties throughout the City to permit by-right densities up to 15 dwelling units to the acres (Area 1) or up to 35 dwelling units to the acre (Area 2). This means that in these areas, townhomes, condominiums, duplexes, townhomes, and apartments (Area 2 only) would be permitted subject to staff level approval of a Minor Development Plan Review. No future public hearings or discretionary actions would be required for projects that comply with objective design standards written in the draft ordinance. Please note, a subsequent public hearing may be required if an applicant proposes a subdivision.
Property Selection
The methodology for selection of properties within the Project generally included identification of vacant, undeveloped, unentitled residential infill parcels that are in close proximity to existing infrastructure. All of the properties are already zoned residential, with the exception of one property that has a split designation of residential and commercial. The three planning areas that would allow apartment development were selected due to their close proximity to I-10 interchanges, the
Downtown Business District, and existing multi-family development, as applicable. The 36 properties included in the proposed Project are identified in Attachment C.
If approved, the RIPAOZ would encourage residential infill development, provide a flexible approach to providing affordable housing through density, increase the variety of housing options in existing residential neighborhoods, foster compact development, promote efficiency in the utilization of existing infrastructure and services, facilitate integrated physical design, promote a high level of design quality, facilitate development proposals responsive to current and future market conditions, and provide safe vehicular circulation patterns for residents and safety/service providers.
General Plan Amendment 22-01 (See Attachments G, H, and I) GPA 22-01 would amend the General Plan Land Use Element (Chapter 2) to:
o Amend Table LU-B – General Plan Land Use Categories to define RIPAOZ Area 1 and Area 2;
o Amend Table LU-C – List of Zoning Districts Compatible with General Plan Land Use Categories to add the RIPAOZ; and
o Amend Figure LU-1 – Land Use Map to reflect the boundary of the RIPAOZ Area 1 and Area 2 on the City’s “single map” General Plan Land Use and Zoning Designation Map.
Zone Change 21-01 (See Attachment J, K and L)
Zone Change 21-01 would amend Calimesa Municipal Code (CMC), Title 18 – Zoning, Land Use and Development Regulations; specifically Chapters 18.05 – General Provisions, 18.20 – Residential Zone Districts , 18.45 – Off-Street Parking, and 18.90 – Development Plan Review in order to:
o Amend Section 18.05.08 – Zone Districts Established to add “Residential Infill Priority Area Overlay Zone” (RIPAOZ);
o Amend Section 18.20.020 – Residential Zone Districts to add new Subsection H to establish the RIPAOZ;
o Amend Table 18.20.030 – Uses Permitted within Residential Districts to identify allowable uses within the RIPAOZ:
o Amend Table 18.20.040 – Residential Development Standards to establish development standards for the RIPAOZ and allow for increased density of up to 15 dwelling units per acre in RIPAOZ Area 1 and 35 dwelling units per acre in RIPAOZ Area 2;
o Amend Section 18.20.050 – Specific Standards for Residential Districts to add new Subsection P to define Design, Screening, and Privacy Standards; o Amend Table 18.45.060 – Number of Parking Spaces Required to establish parking standards for the RIPAOZ; and
o Amend Section 18.90.030 – Minor Development Plan Review to add new Subsection 11 of Subdivision B to identify that 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”) may be considered for Minor Development Plan Review.
Environmental Assessment 22-05 (See Attachment M)
An Environmental Impact Report (EIR) has been prepared to inform decision-makers and the public of the potentially significant environmental effects associated with the Project. The EIR was prepared pursuant to the California Environmental Quality Act, known as CEQA (California Public Resources Code, Sections 21000 et seq.), and the State CEQA Guidelines (California Code of Regulations, Sections 15000 et seq.). The City of Calimesa is the Lead Agency for the proposed project under CEQA and is responsible for its preparation. As summarized in EIR, the public review of the Initial Study and Notice of Preparation (IS/NOP) began on March 29, 2022, and ended on April 27, 2022. A scoping meeting was held on April 7, 2022, via Zoom. Written comments received during the IS/NOP public period and verbal comments received during the scoping meeting are addressed and outlined in Section 2.0 – Introduction of the DEIR. Additionally, the public review of the DEIR began on March 31, 2023 and ended on May 15, 2023. As such the Project has engaged the public and complied with CEQA Guidelines Sections 15082, 15083 and 15087. A total of twentyfour (24) public comment letters were received. The anticipated environmental impacts associated with the Project, submitted comment letters, Responses to Comments, suggested mitigation measures, technical studies, and other environmental information can be found here as Attachment M.
Other Considerations
Staff has been working diligently with HCD on the draft 6th Cycle Housing Element Update since 2021. Although the draft Housing Element has not yet received approval, it has gone through several rounds of HCD review and comment. It should be noted that the Overlay Zone Project is programmed into the draft Housing Element as a rezone program to be implemented in an effort to accelerate housing production. If the City Council chooses not to approve the Project, which is within its authority as a legislative body, the City will need to revise its draft Housing Element and submit it to HCD for further review.
Consequences for Non-Certified Housing Element
1. Limits access to State Funding. Many state funding programs for housing and community development related items are contingent upon having a certified Housing Element.
2. Lawsuits. Developers, advocates and the Attorney General may sue jurisdictions if their Housing Element is not compliant with State Law. There are several potential consequences of being sued, including:
· Mandatory compliance – The court may order the community to bring the Element into compliance within 120 days
·Suspension of local control on building matters – The court may suspend the locality’s authority to issue building permits or grant zoning changes, variances or subdivision map approvals.
· Court approval of housing developments – The court may step in and approve housing projects, including large projects that may not be wanted by the local community. · Attorney Fees – If a jurisdiction faces a court action stemming from its lack of compliance and either loses or settles the case, it often must pay substantial attorney fees to the plaintiff’s attorneys in addition to the fees paid to its own attorneys. These fees can easily exceed $100,000.
3. Builders Remedy – Housing Accountability Act (Government Code Section 65589.51) new requirements. The HAA requires cities and counties to approve housing development projects that do not comply with either the zoning or the general plan except under very limited circumstances. A City has to approve the project, unless it can make certain findings.
ATTACHMENTS:
Attachment A: SB 35 Guidelines (for reference only)
Attachment B: PC Resolution 2023-09 (for reference)
Attachment C: Project Site, Existing and Proposed General Plan Land Use and Zoning Designations
Attachment D: Proposed General Plan Land Use Chapter
Attachment E: Proposed General Plan Land Use and Zoning Map Attachment F: Proposed CC Resolution No. 2023-61 Approving Environmental Assessment 22- 05 Attachment G: Proposed CC Resolution No. 2023-62 Approving Segment No. 1 of GPA 22-01 Attachment H: Proposed CC Resolution No. 2023-63 Approving Segment No. 2 of GPA 22-01 Attachment I: Proposed CC Resolution No. 2023-64 Approving Segment No. 3 of GPA 22-01 Attachment J: Proposed Ordinance No. 392 adopting Segment No. 1 of Zone Change 21-01 Attachment K: Proposed Ordinance No. 393 adopting Segment No. 2 of Zone Change 21-01 Attachment L: Proposed Ordinance No. 394 adopting Segment No. 3 of Zone Change 21-01 Attachment M: Draft and Final Environmental Impact Reports (SCH#2022030754) Attachment N: Public comments heard at the September 18, 2023 Council meeting Attachment O: Written comments received by the City Clerk for the record
1 SB 35 AFFORDABLE HOUSING
STREAMLINED APPROVAL:
MINISTERIAL ACTION –
No CEQA Required
Introduction
Enacted in 2017, SB 35 added Government Code
§65913.4 to the Housing Development Approvals
provisions (Government Code §§65913 - 65914.5)
to require streamlining of affordable housing
development approvals in cities and counties that
have insufficient progress toward their Regional
Housing Need Allocation (RHNA) goal and/or have not
submitted the latest Housing Element Annual Progress
Report (APR). Since its passing, several other bills have made amendments to Government Code §65913.4,
such as AB 1485, AB 168, and AB 831, to clarify certain provisions of this code section.
SB 35 requires local entities to streamline the approval by providing a ministerial process through which a
project is only reviewed against objective standards.
Qualifying projects are considered ministerial and are
not subject to a conditional use permit (CUP). This is a voluntary program that a project sponsor may elect to
pursue, provided that certain eligibility criteria are met.
These provisions sunset on January 1, 2026.
Eligibility for Streamlining
In order to be eligible for streamlining, the project must meet all of the following criteria:
HOUSING TYPES
Multifamily or Mixed-Use: The development
must be a multifamily housing development
containing at least two or more net new
residential units, or a mixed-use project where at
least 2/3 of the square footage is dedicated to
residential uses.
Consistency with Objective Standards:
The project must meet all objective standards
of the Planning Code at the time of SB 35
application submittal. Objective standards are
those that require no personal or subjective
(discretionary) judgment, such as objective
dimensional requirements.
Attachment 8A
2 SITE REQUIREMENTS
Infill Development: At least 75 percent of the
perimeter of the site adjoins parcels currently or
formerly developed with urban uses, including
parcels separated by a street or highway.
Zoning or General Plan Consistency: The
development must be located on a legal parcel
or parcels that are zoned for or designated by
the general plan for residential or residential
mixed uses.
Not Located in Sensitive Environments: The
development must be located on a property
that is not within a coastal zone, prime farmland,
wetlands, a community conservation plan area,
a habitat for protected species, or under a
conservation easement.
Not Subject to Hazardous Conditions: The
project site is not within a high or very high
fire hazard severity zone, hazardous waste site,
delineated earthquake fault zone, flood plain,
or floodway.
No Demolition of Residential Units: The
project does not demolish any housing units
that have been occupied by tenants in the last
10 years; or demolish housing that is subject to
any form of rent or price control, or are subject
to a recorded covenant, ordinance, or law that
restricts rents to levels affordable to persons and
families of moderate, low, or very low incomes.
Historic Structures: The project does not
demolish a historic structure that has been
placed on a national, state, or local historic
register.
Subdivisions: The development did not or
does not involve a subdivision of a parcel that
is subject to the California Subdivision Map Act,
unless the development either (a) receives a
low-income housing tax credit and is subject
to the requirement that prevailing wages be
paid, or (b) is subject to the requirements to pay
prevailing wages and to use a skilled and trained
workforce.
AFFORDABILITY PROVISIONS
Affordability: At least 10 or 50 percent
depending upon the jurisdiction’s insufficient
progress toward their Above Moderate income
or Lower Income (Very Low and Low Income)
RHNA allocation of the proposed residential
units must be dedicated as affordable to
households at or below 80 percent AMI for
either rental or ownership projects. See the
latest SB 35 Statewide Determination Summary
for the jurisdictions that are eligible with ≥10
percent affordability and the jurisdictions that
are eligible with ≥50 percent affordability.
3 LABOR PROVISIONS
Prevailing Wages: If the development is more
than 10 units and not in its entirety a public
work, as defined in Government Code §65913.4
(a)(8)(A), all construction workers employed in
the execution of the development must be paid
at least the general prevailing rate of per diem
wages for the type of work and geographic area.
Skilled and Trained Workforce Provisions:
A skilled and trained workforce, as defined in
Section 2601 of the California Public Contracts
Code, must complete the development if the
project consists of units that are not 100 percent
subsidized affordable housing as follows:
ADDITIONAL REQUIREMENTS
Notification to California Native American
Tribes: After providing notice of the intent to
develop the site to California Native American
tribes that are traditionally and culturally
affiliated with the geographic area of the
proposed development site, a determination
shall be made by the city or county that: the
development site is not a tribal or cultural
resource on a national, state, tribal or local
historic register list; that the parties involved in
the scoping consultation have documented an
enforceable agreement on methods, measures,
and conditions for tribal cultural resource
treatment; or that the parties to the scoping
consultation do not disagree as to whether a
potential tribal cultural resource will be affected
by the proposed development.
Parking: Project must provide at least one
parking space per unit. Parking standards shall
not be imposed if the project meets any of the
following:
• The project is located within one half mile of a
public transit stop.
• The development is located within an
architecturally and historically significant
historic district.
• The project is located within one block of a car
share vehicle station.
• When on-street parking permits are required
but not offered to the development occupants.
See SB 35 Worksheet to determine whether the
project is eligible for SB 35.
County Type Population
Density
Number of
Housing Units
Coastal 225,000
or more
50 or more
Non-Coastal Fewer than
550,000 More than 25
4 Process for Streamlined Approval
Applicants must submit to a lead agency a
“preliminary application” with a notice of intent to
invoke the provisions of SB 35. The “preliminary
application” is the same as mentioned in SB 330
(Government Code §65941.1). Many agencies have
developed SB 35 applications to evaluate project
eligibility and provide a framework for the lead
agency’s SB 35 review procedures.
Within 30 calendar days of receiving the applicant’s
“preliminary application” for SB 35, the lead agency
must provide formal notice to each California
Native American tribes about the proposed
development. The formal notice must include
the location and description of the proposed
development, and an invitation to engage in
scoping consultation. Each Tribe then has 30
calendar days to respond and accept the invitation
to engage in consultation, and after the receiving
the acceptance to invitation, the agency has 30
calendar days to initiate consultation. If there is no
response to the notification of intent or there is an
agreement reached in a scoping consultation and
the project application is deemed complete and
qualifies for SB 35 review, the project is eligible for SB 35 ministerial approval. If agreement with one
or more tribes is not reached, then a project is
not eligible for SB 35 approval. Provided that the
notification and scoping session result in either an
agreement or no response, SB 35 timelines shall
commence provided an application is submitted.
SB 35 establishes mandatory timelines for lead
agencies to complete their streamlined review.
Lead agencies must determine if a project is
eligible for streamlining within:
60 days of application submittal for projects of
150 or fewer units, or
90 days of application submittal for projects
containing more than 150 units.
When determining consistency, a local government
shall find that a development is consistent with the
objective planning standards if there is substantial
evidence that would allow a reasonable person to
conclude that the development is consistent with
the objective standards. The local government may
only find that a development is inconsistent with
one or more objective planning standards, if the
local government finds no substantial evidence
in favor of consistency and that, based on the
entire record, no reasonable person could
conclude that the development is consistent
with the objective standards. A determination
of inconsistency with objective planning
standards does not preclude the development
proponent from correcting any deficiencies and
resubmitting an application for streamlined
review.
If the lead agency provides written comments
to an applicant detailing that a project, as
proposed, is not SB 35 eligible, or requests
additional information to make such a
determination, then the 60- or 90-day timeline
will restart upon submittal of a revised
development application in response to that
written notice. SB 35 projects are ministerial,
which do not require public hearings. Design
review or public oversight may be conducted
by Planning Commission, City Council or
an equivalent board but can only assess
streamlining criteria such as if the city or
county so chooses, objective design review or
development standards. Design review or public
oversight must be completed within:
90 days of application submittal for projects
with 150 or fewer units, or
180 days of application submittal for projects
with more than 150 units.
If the lead agency does not meet the applicable
timeline, then the project is automatically
approved. See Gov. Code §65913.4(e) for permit
approval expiration guidelines.
SCAG DEVELOPMENT STREAMLINING TOOLS | HCD REAP GRANT PROGRAM 5 Modifications
AB 831 amended SB 35 to allow applicants to make modification requests to their project prior to the issuance of the final building permit. The modification has to be consistent with development standards that applied to original application, with limited exceptions to changes to unit count and total floor area [Gov. Code §65913.4 (f)(3)].
In addition, AB 1174 amended and added that if the development proponent requests a modification to a development that has been approved pursuant to SB 35, then the time during which the approval will remain valid is extended for the number of days between the submittal of the modification request and the date of its final approval, plus an additional 180 days to allow time to obtain a building permit. If litigation is filed relating to the modification request, the time is further extended during the pendency of the litigation. However, these required extensions apply only to the first request for a modification submitted by the development proponent.
Additional Resources
SB 35 Streamlined Ministerial Approval Program Guidelines: Last updated March 2021.
Developments that may be experiencing barriers to utilizing SB 35 Streamlining may contact [email protected].
SB 35 Statewide Determination Summary: Summary of jurisdictions that are not subject to SB 35 streamlining, are currently subject to SB 35 streamlining for developments with at least 10 percent affordability, and are currently subject to SB 35 streamlining for developments with at least 50 percent affordability (as of June 1, 2022).
SB 35 Determination Methodology and Background Data: Additional detail on the determination methodology and background data.
Interactive SB 35 Determination Online Map: This online interactive map can quickly allow users to view whether a city/county:
• has an HCD-approved housing element,
• is subject to streamlined ministerial housing approvals, and • has been submitting its Annual Progress Reports.
SCAG DEVELOPMENT STREAMLINING TOOLS | HCD REAP GRANT PROGRAM 6 SB 35 PROCESS
Applicant
submits a
“preliminary
application” with
a notice of intent
to invoke SB 35
Agency notifies
and invites
tribes to engage
in scoping
consultation
Application
submitted to
lead agency
SB 35
Streamlined
Approval
Agency
Determines
Eligibility
Lead agency
may provide
written comments
determining
project is not
eligible for
SB 35 (i.e.,
inconsistencies
and conflicts with
objective design
standards) or
request additional
information
to make a
determination. 60-
or 90-day timeline
restarts
If no agreement,
project is not
eligible for
SB 35
Lead agency
determines project
is eligible for
SB 35
•Within 60 days for
projects of ≤150 units
•Within 90 days for
projects with >150 units
•Within 90 days for
projects of ≤150 units
•Within 180 days for
projects with >150 units
If agreement
reached or no
response from
tribes, project may
proceed and be
eligible for SB 35
2 1
3 4
5 The purpose of this material is to provide guidance, which agencies and other entities may use at their discretion. This guidance does not alter lead agency discretion in decision-making, independent judgment and analysis, and preparing environmental documents for project or governmental action subject to CEQA requirements. This material is for general information only and should not be construed as legal advice or legal opinion.
*If the lead agency does not meet the applicable timeline, then the project is automatically approved.
7 WORKSHEETS
SB 35 Eligibility Checklist
Requirements Applicability Yes No N/A
HOUSING TYPES
Multi-family or
Mixed-use
The development is a multifamily housing development
containing at least two or more net new residential units, or a mixed-use project where at least 2/3 of the square footage is dedicated to residential uses.
Consistent with
Objective Standards
The project meets all objective standards of the Planning Code at the time of SB 35 application submittal.
SITE REQUIREMENTS
Infill Development At least 75 percent of the perimeter of the site adjoins parcels currently or formerly developed with urban uses, including parcels separated by a street or highway.
Zoning or General Plan
Consistency
The development is located on a legal parcel or parcels that are zoned or designated by the general plan for residential or mixed uses.
Not Located in Sensitive
Environments
The project site is not within a coastal zone, prime farmland, wetlands, a community conservation plan area, a habitat for protected species, or under a conservation easement.
Not Subject to
Hazardous Conditions
The project site is not within a high fire hazard severity zone, hazardous waste site, delineated earthquake fault zone, flood plain, or floodway.
No Demolition of
Residential Units
The project does not demolish any housing units that have been occupied by tenants in the last 10 years; or demolish housing subject to any form of rent or price control, or are subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low incomes.
Historic Structures The project does not demolish a historic structure that has been placed on a national, state, or local historic register.
Subdivisions The development did not or does not involve a subdivision of a parcel that is subject to the California Subdivision Map Act, unless the development either (a) receives a low-income housing tax credit and is subject to the requirement that prevailing wages be paid, or (b) is subject to the requirements to pay prevailing wages and to use a skilled and trained workforce.
8 Requirements Applicability Yes No N/A
AFFORDABILITY PROVISIONS
Affordability At least 10 percent or 50 percent (depending upon the jurisdiction’s insufficient progress toward their Above Moderate income or Lower Income RHNA, Very Low and Low Income) of the proposed residential units will be dedicated as affordable to households at 80% AMI for either rental or ownership projects. (See the latest Statewide Determination Summary for the jurisdictions that are eligible with >10 percent affordability and the jurisdictions that are eligible with >50 percent affordability).
LABOR PROVISIONS
Prevailing Wages If the development is more than 10 units and not in its entirety a public work, as defined in Government Code Section 65913.4 (a) (8)(A), all construction workers employed in the execution of the development will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area.
Skilled and Trained
Workforce Provisions
A skilled and trained workforce, as defined in Section 2601 of the California Public Contracts Code, will complete the development if the project consists of:
• 50 or more units in coastal counties with populations of 225,000 or more,
• More than 25 units in non-coastal counties with populations fewer than 550,000.
ADDITIONAL REQUIREMENTS
Notification to
California Native
American Tribes
The lead agency has provided notice of the intent to develop the site to California Native American tribes that are traditionally and culturally affiliated with the geographic area of the proposed development site, and a determination has been made by the lead agency that: the development site is not a tribal or cultural resource on a national, state, tribal or local historic register list; that the parties to a scoping consultation have documented an enforceable agreement on methods,
measures, and conditions for tribal cultural resource treatment; or that the parties to the scoping consultation do not disagree as to whether a potential tribal cultural resource will be affected by the proposed development.
Parking The project provides at least one parking space per unit, unless it meets any of the following:
• The project is located within one half mile of a public transit stop.
• The development is located within an architecturally and historically significant historic district.
• The project is located within one block of a car share vehicle station.
• When on-street parking permits are required but not offered to the development occupants.
Attachment 8B
Attachment A - Project Site Sources: Riverside Co. GIS, 2021; RCIT, 2020 (imagery).
CALIMESA BLVD
3RD ST
5TH ST
WOODHOUSE RD
SINGLETON RD
7TH ST
MYRTLEWOOD DR
ROBERTS RD
AVENUE L 7TH PL
2ND ST
C ST
SANDALWOOD DR
CALIFORNIA ST
COUNTY LINE ROAD
ENGLEMAN DR
CHERRY VALLEY BLVD
BUENA MESA DR
BRYANT ST
AVENUE L
§¨¦10
411200007
409100011
411200008
410170007
410170025
411171041
413320003
410080006
411200022
411200001
411171018 410162013
410080050
410162012
410092012
409100009
410080045
410080013
410170013
410162014
410181013
411200004 410080014
410080003
411200003
410080009
411200002
410170012
410080019
410080005
410170009
410170010
410170011
410080007
410181011
410181012
LEGEND
Overlay Zone Properties
RIPAOZ Area 1
RIPAOZ Area 2
City Boundary
H:\2020\20-0238\GIS\Project_Site.mxd; Map revised 08 Nov 2021 0 1,000
I
2,000 3,000
Feet
Residential Infill Priority Area Overlay Zone Project
Attachment 8C
Figure 4 –Existing General Plan Land Use
and Zoning Designations
Source: Riverside Co. GIS, 2021.
City of Calimesa 2014.
411200007
411200008
410170007
410170025
411171041
413320003
410080006
411200022
411200001
411171018
410162013
410080050
410162012
410092012
411200004
410080045
410080013
410080014
410080003
411200003
410170013
410170012 410080005
410181013
410080009
411200002
410080019 410170009
410170010
410170011
410080007
410162014 410181011
410181012
409100009 409100011
CALIMES A
BLV D
WOODHOUSE RD
SINGLETON RD
COUNTY LINE RD
AVENUE L
7TH PL
2ND ST
C ST
SAND A LW OOD D R
COUNTRY C LUB DR
R-L
R-R
OS
SPA1
OS-R
B-P
QP
L-I
R-L-M
SPA2
C-C
R-H
O-P
C-R
C-N
D-N-C
D-V-C
D-V-S
§¨¦
10 §¨¦
10 LEGEND
Overlay Zone Properties
City Boundary
Calimesa Zoning Districts
R-E - Residential Estate
R-R - Rural Residential (0-2 DU/AC)
R-L - Residential Low (2-4 DU/AC)
R-L-M - Residential low/Medium (4-7 DU/AC)
R-H - Residential High (14-20 DU/AC)
C-N - Neighborhood Commercial
C-C - Community Commercial
C-R - Regional Commercial
O-P - Office Professional
B-P - Business Park
L-I - Light Industrial
OS-R - Planned Residential (1 DU/10 AC)
OS - Open Space
QP - Public/Quasi-Public
SPA1 - Summerwind Ranch
SPA2 - Mesa Verde Estates
D-V-C - Downtown Village Commercial
D-V-S - Downtown Visitor-Serving Commercial
D-N-C - Downtown Neighborhood Commercial
H:\2020\20-0238\GIS\EX_Zoning_LU.mxd; Map created 08 Nov 2021 I Residential Infill Priority Area Overlay Zone Project 0 2,000 4,000
Feet
Figure 5 – Proposed General Plan
and Zoning Amendments
Source: Riverside Co. GIS, 2021.
City of Calimesa 2014.
409100011
409100009
411200007
411200008
410170007
410170025
411171041
413320003
410080006
411200022
411200001
411171018 410162013
410080050
410162012
410092012
411200004
410080045
410080013
410080014
410080003
411200003
410170013
410170012
410080005
410181013
410080009
411200002 410080019 410170009
410170010
410170011
410080007
410162014
410181011
410181012
CALIMES A
BLV D
WOODHOUSE RD
5TH ST
SINGLETON RD
UNTY LINE RD
AVENUE L
7TH PL
2ND ST
C ST
SA N D AL W OO D D R
3RD ST
CALIFORNIA
ST
COUNTRY C LUB DR
R-L
R-R
OS
OS-R
B-P
SPA1
L-I
R-L-M
QP
SPA2
C-C
O-P R-H
C-R
C-N
D-V-C
D-N-C
D-V-S
§¨¦
10 LEGEND
RIPAOZ Area 1 - 15 max du/acre - no apartments
Calimesa Zoning Districts
R-E - Residential Estate
R-R - Rural Residential (0-2 DU/AC)
R-L - Residential Low (2-4 DU/AC)
R-L-M - Residential low/Medium (4-7 DU/AC)
R-H - Residential High (14-20 DU/AC)
C-N - Neighborhood Commercial
C-C - Community Commercial
C-R - Regional Commercial
O-P - Office Professional
B-P - Business Park
L-I - Light Industrial
OS-R - Planned Residential (1 DU/10 AC)
OS - Open Space
QP - Public/Quasi-Public
SPA1 - Summerwind Ranch
SPA2 - Mesa Verde Estates
D-V-C - Downtown Village Commercial
D-V-S - Downtown Visitor-Serving Commercial
D-N-C - Downtown Neighborhood Commercial
\\elsinore\WO4\2020\20-0238\GIS\Proposed_Zoning_LU.mxd; Map created 16 Mar 2022 I Residential Infill Priority Area Overlay Zone Project 0 2,000 4,000
Feet
RIPAOZ Area 2 - 35 max du/acre - apartments allowed
City Boundary
CHAPTER 2: LAND
USE
CALIMESA GENERAL PLAN revised AUGUST 28, 2023
2014
2-1
INTRODUCTION
The Land Use Chapter is what people typically think of when they think of the “plan” for the city. This chapter establishes the pattern of activity for the community and provides the central framework for the General Plan by serving as a compass to guide planners, the development community, the general public, and decision-makers on the desired pattern of development in Calimesa.
The Land Use Chapter defines areas of the city for housing, business, industry, open space, recreation, education, and other public services and describes future land use activity. Text, maps, and diagrams establish the blueprint for future land uses within the city and describe how these uses are integrated with the other General Plan chapters and policies.
BACKGROUND
The Trails End Trading Post was a landmark in Calimesa’s earlydays.
Calimesa began as a small rural town with mostly
single-family homes and ranches. Withcompletion
of US Route 99 (now Interstate 10), businesses
opened in the community and Calimesa began to
create a separate identity from the larger
neighboring town of Yucaipa. Residents of the
community came together and applied for their
own post office, which was opened in 1929 and
was located at CalimesaBoulevard and Avenue K.
At the same time, the residents initiated a name
contest. Calimesa was chosen from 107 names
submitted and is said tocome from “Cali,” meaning
California, and “mesa” from the Spanish word
meaning table or tablelands.
In 1947, the Calimesa Improvement Association was formed. The purpose of the association was the development and improvement of Calimesa and the community. In 1962, the Calimesa Improvement Association became the Calimesa Chamber of Commerce.
The community incorporated in 1990 as the City of Calimesa.
Commented [KL1]: The proposed additions to this
chapter are shown in italicized green text
throughout, beginning on Page 2-20
Attachment 8D
CHAPTER 2: LAND
USE
2-2 CALIMESA GENERAL PLAN AUGUST
2014
HISTORICAL DEVELOPMENT
Calimesa developed primarily as a low-density residential community that has fostered a friendly, small-town
atmosphere enjoyed by Calimesa residents since its
beginnings.
Many of the existing residential lots are sized to
accommodate horses and other animals. As a result, many residents of Calimesa maintain an equestrian lifestyle and keep other small animals, which is an aspect of the
community that is integral to its identity. However, much of the population growth in recent years has been accommodated in newer developments, including those subdivisions around the Calimesa Golf and Country Club, located in the eastern portion of the city.
Calimesa is characterized by foothills in the city’s eastern area, with a mesa area extending through the central and western portions of the city, gradually sloping south and west toward San Timoteo Creek. Although Calimesa has a variety of topography, the majority of urban development has occurred on land with slopes of less than 15 percent.
The proximity of Calimesa to the surrounding hillsides, canyons, nearby state parks, and San Bernardino National Forest has encouraged a history of preserving land for varied recreation activities, including walking, biking, and equestrian activities, as well as providing connectivity for wildlife migrations.
FUTURE DEVELOPMENT
A majority of the future growth expected to occur over the next 22 years will likely be accommodated in the adopted specific plan areas.
As new development occurs, the City’s focus will be on retaining those qualities of life associatedwith a small community while recognizing the need for growth to fulfill the City’s goals for economic opportunity and adequate support services in the community, as summarized in the Calimesa Community Vision:
The City of Calimesa is dedicated to remaining a community that honors its beautiful natural setting through open space preservation, wildlife corridors, and extensive trail systems, as well as enriching the quality of life for Calimesa through sensitive planning that creates increased business activity, local jobs, new parks, and schools.
The population at the time of
incorporation, according to the 1990
Census, was 6,659. Growth over the next
20 years was slow: the 2010 Census
showed a population of 7,879, an
average growth rate of just 61 persons
each year.
CHAPTER 2: LAND
USE
CALIMESA GENERAL PLAN revised AUGUST 28, 2023
2014
2-3
The General Plan addresses this challenge and begins to chart a path to the future for Calimesa on both a local and regional level.
EXISTING LAND USES
The Planning Area examined in this General Plan encompasses approximately 9,533 acres, or 14.9 square miles.
Existing (2013) land uses in the Planning Area are summarized in the table below. This marks the starting point for the future growth of Calimesa.
TABLE LU-A: EXISTING PLANNING AREA LAND USES (2013)
Land Use Acreage Percentage
Agricultural 16 0.2%
Commercial 435 4.6%
Manufactured/Mobile Home 50 0.5%
Multi-Family Residential 100 1.0%
Open Space 108 1.1%
Residential 45 0.5%
Roads 503 5.3%
Single-Family Residential 1209 12.7%
Vacant 7067 74.1%
Total 9533 100.0%
The US Census (2010) reported the following population and housing information for Calimesa:
Total Population: 7,879
Total Housing Units: 3,687
Occupied Housing Units: 89.9% (3,314)
Vacant Housing Units: 10.1% (373)
CHAPTER 2: LAND
USE
2-4 CALIMESA GENERAL PLAN AUGUST
2014
RELATED PLANS AND PROGRAMS
The Land Use Chapter relates to several other plans and programs, including the following:
• City of Calimesa Zoning Code. The Zoning Code establishes zoning districts that implement this General Plan’s land use designations. The Zoning Code also establishes development standards for each zoning district; these standards help create the physical form of the community (e.g., building setbacks, heights).
The Zoning Code also contains the Hillside Ordinance and the Oak Tree Preservation Ordinance, which were adopted to restrict development on significant hillsides and ridges and address the protection of oak trees.
• Downtown Business District Code. The intent of the Downtown Business District is to encourage the creation of a pedestrian-friendly downtown area along Calimesa Boulevard. The Downtown Business District Code includes attractive storefronts, gathering areas, pedestrian and vehicular links, and other features aimed at encouraging retail and mixed-use development in a downtown setting.
• Calimesa Creek Master Plan, July 2012. The intent of this Master Plan is to promote public access to and pedestrian use along Calimesa Creek, to protect and enhance the scenic characterof the downtown, and to improve development potential within the overlay zone. The Master Plan provides conceptual analyses of the creek drainage system and explores measures for creek stabilization and flood control while preserving the natural look of the creek to functionas a recreational amenity for the community. Shared parking strategies for properties along the creek are also included in the plan.
• Adopted Specific Plans. There are three adopted specific plans in the City of Calimesa (see Figure LU-1). They are:
− Summerwind Ranch, January 2005. 2,590.1 acres approved for the development of up to 3,841 dwelling units, as well as commercial, business park, open space, recreation, and public facility uses.
− Mesa Verde Estates, February 2007. 1,493 acres approved for the development of up to 3,850 dwelling units, as well as mixed-use, open space, recreation, and public facility uses. − Heritage Oaks Equestrian Community Specific Plan, May 2007. 54 acres approved for the development of 45 single-family homes.
• Western Riverside County Multiple Species Habitat Conservation Plan. The Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) is a comprehensive, multijurisdictional habitat conservation plan focusing on conservation of species and their associated
CHAPTER 2: LAND
USE
CALIMESA GENERAL PLAN revised AUGUST 28, 2023
2014
2-5
habitats in western Riverside County. The overall goal of this plan is to maintain biological and ecological diversity within a rapidly urbanizing region. The MSHCP allows jurisdictions within its approximately 1.26-million-acre plan area boundary, including Calimesa, to better control local land use decisions and maintain a strong economic climate in the region while addressing the requirements of the state and federal Endangered Species Acts. Detailed, up-to-date information on the MSHCP is available at http://www.rctlma.org/epd/wrmshcp.aspx. • City of Calimesa Redevelopment Plans. The City of Calimesa has three existing redevelopment plans:
− Redevelopment Plan Area No. 5, July 1999. Prior to the incorporation of Calimesa, the Riverside County Redevelopment Agency established a redevelopment project area, referred to as Area 5, encompassing approximately 172 acres to provide for the elimination of blight conditions. Subsequent to Calimesa’s incorporation, the City Council activated the Calimesa Redevelopment Agency in 1992. Pursuant to a Jurisdictional Transfer Agreement executed on June 13, 2000, the Riverside County Redevelopment Agency transferred jurisdiction of Area 5 retroactively as of July 1, 1999. − Redevelopment Plan Area No. 1, December 1993. This plan was the first initiated and adopted by the Calimesa Redevelopment Agency. The plan was adopted on December 30, 1993, and consists of about 762 acres located in four subareas. − Redevelopment Plan Area No. 2, May 2011. This plan was pursued in response to the failure of residential subdivisions in the city after the collapse of the residential real estate market in 2007. Area 2 contains a portion of the former Summerwind Ranch project by SunCal, the Mastercraft Project, and a portion of JP Ranch, in addition to the existing developed subdivisions known as Rancho Calimesa Mobile Home Park and The Plantation by the Lake. The plan was adopted on May 2, 2011, and consists of about 1,143 acres.
Note: As of February 1, 2012, all redevelopment agencies in California were dissolved per legislation enacted in 2011. Each redevelopment agency has what is known as a successor agency to finish redevelopment activities in progress. The existing redevelopment plans in Calimesa will remain in place and continue to guide the successor agency in meeting obligationsin place prior to the dissolution of redevelopment agencies.
KEY ISSUES
This Land Use Chapter addresses issues identified during the preparation of the City’s General Plan through discussions with the General Plan Advisory Committee and City staff, and feedback received during the various public meetings. The goals, policies, and actions included in this chapter have been prepared in consideration of these issues, which include the need to:
CHAPTER 2: LAND
USE
2-6 CALIMESA GENERAL PLAN AUGUST
2014
GOAL LU-1:
GOAL LU-2:
GOAL LU-3:
GOAL LU-4:
Preserve and enhance the small-town atmosphere of Calimesa.
A logical and efficient pattern of development that reduces infrastructure costs and maintains the character of Calimesa.
An arrangement of land uses that achieves maximum compatibility between land uses and especially with existing neighborhoods.
Commercial and industrial development that serves the needs of Calimesa and the surrounding area, provides local job opportunities, and creates a greater job/housing balance.
• Establish Calimesa as a distinct community with an identity that preserves a rural atmosphere. • Improve accessibility to commercial and other services, including entertainment and health-care facilities.
• Provide for increased employment opportunities in the community.
LAND USE ELEMENT GOALS
LAND USE ELEMENT POLICIES
Policies are provided in this chapter for the following topics:
• Calimesa General Plan Land Use Map – Page 2-6
• Maintaining Calimesa’s Character – Page 2-28
• Location and Timing of Land Uses – Page 2-29
• Economic Development – Page 2-30
• Calimesa Downtown Business Corridor – Page 2-30
• Service Commercial Improvement Area – Page 2-32
• Southern Calimesa Boulevard Corridor Area – Page 2-34 • Design – Page 2-36
Note to the Reader: The policies and action items designated with (MM) provide mitigation for impacts identified through the Environmental Impact Report analysis prepared for this General Plan.
CHAPTER 2: LAND
USE
CALIMESA GENERAL PLAN revised AUGUST 28, 2023
2014
2-7
CALIMESA GENERAL PLAN LAND USE MAP
POLICY LU-1: Figure LU-1, Land Use Map, depicts the land use policy of the City ofCalimesa.
The Land Use Map is an illustration of the City’s land use policy for all of the lands in the city.
ACTION ITEM LU-1.1: Review those areas susceptible to flooding for boundary changes on an annual basis.
Note to the Reader: Refer to Figure SAF-5, Flood Zones, for areas susceptible to flooding.
POLICY LU-2: The Land Use Map’s designations are intended to generally follow parcel lines. Some parcels may be covered by more than one land use designation.
In some cases, interpretation may be needed to determine the exact boundaries of a land use classification where parcel lines are unclear, have been moved, or have been deleted. The exact boundaries of a land use designation may be adjusted at the City’s discretion to reflect conditions on the ground, ownership boundaries, or other conditions. Minor changes of this type shall not be considered an amendment to this General Plan.
POLICY LU-3: Zoning in the city limits shall be consistent with the General Plan Land Use Map. Where multiple zoning districts may be compatible, the City shall apply the most compatible district that best achieves the goals and policies of this General Plan. (MM)
POLICY LU-4: The following shall apply to the use and interpretation of the Land Use Map:
• The official Land Use Map shall be the printed, signed copy on file in the office of the City Clerk, including any adopted amendments. • Electronic files used to create the map are not the official map. • The official Land Use Map shall be printed for viewing and interpretation at a scale of 1 inch = 1,000 feet.
POLICY LU-5: Questions regarding the location of land use designations shall be resolved by the City using the official Land Use Map or a printed copy at the scale specified above.
POLICY LU-6: Although Calimesa has operated under a “one-map” system with a single General Plan Land Use Map and Zoning Map, the City intends to create a traditional “two-map” system in which the General Plan Land Use Map’s
CHAPTER 2: LAND
USE
2-8 CALIMESA GENERAL PLAN AUGUST
2014
designations are implemented by a separate Zoning Map. This will ultimately provide for the use of more specific zoning designations that fall within the General Plan’s land use categories and will eliminate the need for a concurrent General Plan amendment with every change of zone.
ACTION ITEM LU-6.1: Adopt a separate Zoning Map that implements and is consistent with the Land Use Map of this General Plan. (MM) ACTION ITEM LU-6.2: Create residential and other zoning categories that provide more specificity than the land use categories of this General Plan and apply them to parcels as part of future changes of zone. (MM)
POLICY LU-7: The following are the City’s land use designations. All references to acreage or acres, unless otherwise specified, are to gross acreage.
Note to the Reader: Some of these categories may not appear on the Land Use Map but are available for use where appropriate.
FIGURE LU-1: LAND USE MAP
CHAPTER 2: LAND
USE
Commented [KL2]: If the Residential Infill Priority
Area Overlay Zone project is approved, this
General Plan land use map will be updated to
include the overlay designation depicted in
Attachment C of the Staff Report
CALIMESA GENERAL PLAN AUGUST 2-9
2014
This page intentionally left blank
CHAPTER 2: LAND
USE
CALIMESA GENERAL PLAN AUGUST
2014
2-10
CHAPTER 2: LAND
USE
CALIMESA GENERAL PLAN AUGUST
2014
2-11
TABLE LU-B: GENERAL PLAN LAND USE CATEGORIES
Land Use
Designation
Building
Intensity
Range
(du/acre or
FAR)1,2
and
Population
Density
(persons/acre)3
General Plan Land Use Categories
Residential Land Use Categories
See also the Open Space Residential and Open Space land use categories, included in the Resource Lands designations. Both of these categories allow residential uses.
Residential
Estate
(RE)
0 to 1 du/5
acres
0 to 3
persons/5 acres
Residential Estate is characterized by single-family detached homes and by buildings and structures related to agriculture, farm use, animal keeping, and equestrian uses. Minimum lot sizes of 5 gross acres are required.
The following apply to land with the RE land use designation:
• This designation helps preserve the rural character of Calimesaby permitting existing Residential Estate uses to continue and expand.
• Homes and buildings constructed within this designation may have a variety of styles and construction, but are primarily of aresidential nature.
• Homes constructed in this category are likely to be served by streets that may not have curbs, gutters, sidewalks, or streetlights. The lots may be served by septic systems and well water, if standards for provision and service, as required by theYucaipa Valley Water District (YVWD), the Santa Ana
Regional Water Quality Control Board, and/or the City, are met.
• Equestrian/pedestrian trails are likely to be found.
• Precise determination of any development shall be on the basis of a detailed slope analysis and biological, archeological, and paleontological assessment prior to approval of any
development.
Residential
Rural
(RR)
0.2 to 2
du/acre
Residential Rural is characterized by single-family detached homes on 0.5-acre and 1-acre lots.
The following apply to land with the RR land use designation:
• This designation provides for light agricultural uses, in conjunction with single-family residential units. It also permits 1 to 5
persons/acre
CHAPTER 2: LAND
USE
2-12 CALIMESA GENERAL PLAN AUGUST
2014
Land Use
Designation
Building
Intensity
Range
(du/acre or
FAR)1,2
and
Population
Density
(persons/acre)3
General Plan Land Use Categories
residential subdivisions with equestrian uses.
• The intent of this category is to preserve the country atmosphere, while providing a transition from Residential Estateinto Residential Low areas.
• Lots in this area are likely to be served by both public and privatestreets, some with curb, gutter, sidewalks, and
streetlights. Somelots in this category may be served by septic systems and well water, if the standards required by the YVWD, the Santa Ana Regional Water Quality Control Board, and/or the City are met.
• Precise determination of any development shall be on the basis of a detailed slope analysis and biological, archeological, and paleontological assessment prior to approval of any
development.
• Some lots in the Rural Residential designation may be limited to a maximum density of one dwelling unit per 2 acres, when they have steep slopes or other constraints which would pose hazards to development.
Residential
Low
(RL)
2.1 to 4
du/acre
Residential Low is characterized by single-family detached homes on not less than 7,200-square-foot lots to 0.5-acre lots.
The following apply to land with the RL land use designation:
• Residential developments in this category are intended to reflect a more urban residential character.
• Housing types will include single-family detached homes on streets with curbs, gutters, sidewalks, and streetlights. • Lots are expected to be served by a domestic water and sewer system.
5 to 10
persons/acre
Residential
Low Medium
(RLM)
4.1 to 7
du/acre
Residential Low Medium is characterized by single-family residential development on lots ranging from 6,000 to 10,000 square feet in size.
The following apply to land with the RLM land use designation:
• Development in this category will consist of single-family detached homes typical of urban residential subdivisions. 10 to 17
persons/acre
CHAPTER 2: LAND
USE
CALIMESA GENERAL PLAN AUGUST
2014
2-13
Land Use
Designation
Building
Intensity
Range
(du/acre or
FAR)1,2
and
Population
Density
(persons/acre)3
General Plan Land Use Categories
• Public facilities, services, and infrastructure shall be available,including water and sewer services, storm
drainage, streets, sidewalks, and streetlights.
Residential
Medium
(RM)
7.1 to 14
du/acre
17 to 34
persons/acre
Residential Medium is characterized by residential homes either on small lots or in an attached configuration, including townhomes, condominiums, or apartments.
The following apply to land with the RM land use designation:
• Development in this category will consist of single-family detached and attached single-family and multi-family homes. • Public facilities, services, and infrastructure shall be available,including water and sewer services, storm
drainage, streets, sidewalks, and streetlights.
Residential
High
(RH)
14.1 to 20
du/acre
34 to 48
persons/acre
Residential High is the high-density category. It will allow dwelling unit densities that will provide housing opportunities for highdensity multiple-family living and for people of low and moderate incomes.
The following apply to land with the RH land use designation:
• This designation allows a wide range of living accommodations ranging from small-lot detached housing to apartments.
• Building intensity at the lower end of the density range would be appropriate near the Residential Low areas.
• Building intensity at the higher end of the range is more appropriate adjacent to commercial areas and major
transitroutes.
• Developments within this category are expected to be served by the public water and sewer system.
Commercial and Office Land Use Categories
Commercial
Neighborhood
(CN)
Up to 0.25 FAR Commercial Neighborhood allows for small-scale commercial uses (within a 1- to 2-mile service radius) that provide goods and services for the needs of residents in the immediate area. Examples of Commercial Neighborhood uses include grocery stores,
supermarkets, convenience stores, drugstores, and retail service
CHAPTER 2: LAND
USE
2-14 CALIMESA GENERAL PLAN AUGUST
2014
Land Use
Designation
Building
Intensity
Range
(du/acre or
FAR)1,2
and
Population
Density
(persons/acre)3
General Plan Land Use Categories
businesses such as cleaners, office supplies, card shops, offices, clothing stores, and restaurants.
This land use category should be located along arterial roads or at major intersections.
Areas with this designation should be 5 to 10 acres in size.
Commercial
Community
(CC)
Up to 0.50 FAR Commercial Community provides for large-scale commercial activities serving the city or the subregion. Examples of Commercial Community uses include junior department stores, discount or warehouse stores, furniture/appliance outlets, home improvement centers,
entertainment centers, and community centers.
Development in this category generally occurs on sites 15 to 30 acres in size located at key intersections of major arterial roads orat major off-ramps from Interstate 10.
Commercial Community developments should be accessible to automobiles and pedestrians, as well as to public transit.
Commercial
Regional
(CR)
Up to 0.75 FAR Commercial Regional allows for the development of commercial uses that will cater to a wide market, including a full range of retail shops and services within a shopping center environment. Typically, a population of at least 150,000 persons within 5 to 50 miles of the site is necessary to support the variety of businesses found in a regional center development.
The Commercial Regional designation should be located near major thoroughfares and along Interstate 10 to permit maximum potential for the dispersal of traffic and sufficient opportunities for ingress and egress.
The CR designation should be applied to contiguous areas of 40 or more acres of land that would provide at least 425,000 square feet of building area.
Office
Professional
(OP)
Up to 0.50 FAR Office Professional provides for activities such as business and service offices, cultural and community facilities, financial institutions, legal and medical services, restaurants, and other similar uses which together represent major concentrations of community and employment activities. Some limited retail and
CHAPTER 2: LAND
USE
CALIMESA GENERAL PLAN AUGUST
2014
2-15
Land Use
Designation
Building
Intensity
Range
(du/acre or
FAR)1,2
and
Population
Density
(persons/acre)3
General Plan Land Use Categories
commercial service uses are permitted.
The Office Professional designation should be located on arterial roadways for convenient automobile access and public transit service.
Mixed Use Land Use Categories
Residential
Mixed Use
(RMU)4
Up to 20
du/acre
Up to 48
persons/acre
Up to 0.50 FAR
The Residential Mixed Use category is characterized by
predominantly residential development at medium to high densities.
It allows for commercial or office uses to be co-located on the same property either vertically or horizontally. It does not preclude solely residential development within the category, but rather encourages a mixing of uses.
The following apply in the RMU category:
• Development shall take place pursuant to a master plan orcomprehensive plan that includes development
standards tailored to the specific mix of uses proposed. • Residential density shall not exceed 20 du/acre.
Commercial
Mixed Use
(CMU) 4
Up to 20
du/acre
Up to 48
persons/acre
Up to 0.50 FAR
The Commercial Mixed Use category encourages the integration of retail and service commercial uses with office and/or residential uses. This land use category may also include hospitals and other public/quasi-public uses.
The following apply in the CMU category:
• Development shall take place pursuant to a master plan orcomprehensive plan that includes development
standards tailored to the specific mix of uses proposed. • Commercial use shall be the predominant use on the ground floor.
• Parking for different uses may be combined or
separated,depending on the characteristics of the
project.
Office Mixed
Use
(OMU) 4
Up to 20
du/acre
The Office Mixed Use category encourages the integration of commercial and/or residential use in conjunction with office use of a site. The OMU category may also include hospitals and other public/quasi-public uses.
CHAPTER 2: LAND
USE
2-16 CALIMESA GENERAL PLAN AUGUST
2014
Land Use
Designation
Building
Intensity
Range
(du/acre or
FAR)1,2
and
Population
Density
(persons/acre)3
General Plan Land Use Categories
Up to 48
persons/acre
Up to 0.50 FAR
The following apply in the OMU category:
• Development shall take place pursuant to a master plan orcomprehensive plan that includes development
standards tailored to the specific mix of uses proposed. • Office uses shall be the predominant use, although others may be included in a vertical or horizontal configuration. (For example, a site may be developed with an office building in which the ground floor is occupied by retail and restaurant uses.) Industrial Land Use Designations
Business Park
(BP)
Up to 0.50 FAR Business Park provides for activities such as business/professional offices, light manufacturing, storage, warehousing/distribution, wholesaling, small-scale warehouse retail, service commercial services, and public uses. Developments in this category, except for warehousing, are generally within a campus-like setting.
Retail and commercial service uses shall not be greater than 25percent of the gross floor area.
The Business Park designation should be located on arterial roadways and freeway routes, providing automobile and
publictransit access.
Light
Industrial
(LI)
Up to 0.50 FAR Light Industrial will accommodate industrial activities such as lowintensity packing, manufacturing, assembly of nonhazardous products and materials, and limited retail sales and services related to or supportive of manufacturing activity and employees.
Resource Land Use Designations
Open Space
Residential
(OSR)
0 to 1 du/10
acres
0 to 3
persons/10
acres
Open Space Residential preserves open space while allowing for limited detached single-family development on parcels of 10 acres or greater. Public lands, flood control channels, groundwater percolation basins, agricultural uses, and recreational facilities such as parks, trails, riding schools, stables and facilities, wildlife preserves, archery ranges, golf courses, driving ranges, country clubs, and similar uses are permitted in this category.
The following apply to development in the OSR land use category:
CHAPTER 2: LAND
USE
CALIMESA GENERAL PLAN AUGUST
2014
2-17
Land Use
Designation
Building
Intensity
Range
(du/acre or
FAR)1,2
and
Population
Density
(persons/acre)3
General Plan Land Use Categories
• Strict controls on grading for roads and building pads are required to protect the visual and environmental resources in these areas.
• Future developments within this area shall be in accordance withthe Calimesa Hillside Development Guidelines, development standards, and good engineering and land planning practices. • The character of land in the Open Space Residential category is intended to remain undisturbed, while permitting limited singlefamily detached residential development.
Open Space
(OS)
0 to 1 du/20
acres
0 to 3
persons/20
acres
Open Space identifies areas within the Planning Area that have beenplanned to remain in a natural condition due to environmental and geologic constraints, steep slopes, visual resources and significant ridgelines, archeological and paleontological sensitivity, ecological quality and sensitive biological habitats, and public open space and/or recreational need. The OS category includes rock knolls and outcroppings, and mountainous landforms which have slopes in excess of 15 percent. The extremely rocky subsoil conditions of these areas cannot sustain typical grading for development withoutmassive disruption of existing contours. Strict controls on grading for roads and building pads are required to protect visual and environmental resources in these areas. Land uses such as flood control channels, groundwater percolation basins, agricultural uses and recreational facilities such as parks, trails, riding schools, stables and facilities, wildlife reserves, archery ranges, golf courses,driving ranges, country clubs, and similar uses are allowed in this category.
The following apply to development in the OS land use category:
• Precise determination of any development shall be on the basis of a detailed slope analysis and biological, archeological, and paleontological assessment prior to approval of any
development.
• The character of Open Space areas is intended to reflect thenatural environment, which provides the city its rural atmosphere.
CHAPTER 2: LAND
USE
2-18 CALIMESA GENERAL PLAN AUGUST
2014
Land Use
Designation
Building
Intensity
Range
(du/acre or
FAR)1,2
and
Population
Density
(persons/acre)3
General Plan Land Use Categories
• The operation of recreation businesses, such as golf courses, equestrian facilities, private recreation parks, and the like, is permitted subject to appropriate zoning regulations, such as a conditional use permit.
• Consideration of new or expanded recreation facilities should include consideration of whether the use would be consistent with the open space preservation goals of the OS land use category.
Public/Quasi
Public
(PQP)
Up to 0.50 FAR The Public/Quasi Public designation will accommodate uses such as Calimesa City Hall, the post office, the fire station, institutional uses (private schools, churches), libraries, and other similar development.
Other Categories and Overlays
Specific Plan
(SPA)
N/A A Specific Plan Area is a land use category that allows for designation of areas of the city which are currently under the requirements of a specific plan, such as Oak Valley, and designationof other areas in the city where the flexibility of a specific plan will aid in the development or redevelopment of the area.
The following apply to all SPA areas:
• Specific plans are best utilized when prepared for land that is environmentally constrained, has unique land use concerns, or requires the flexibility of a specific plan to design a development which is mutually beneficial to the City and the property owner. • Specific plans are required to be consistent with all elements of the General Plan.
• Each specific plan area shall be designated with SPA-#. • Intensities and densities of development shall be determined on a case-by-case basis.
CHAPTER 2: LAND
USE
CALIMESA GENERAL PLAN AUGUST
2014
2-19
Land Use
Designation
Building
Intensity
Range
(du/acre or
FAR)1,2
and
Population
Density
(persons/acre)3
General Plan Land Use Categories
Park
Overlay(P)
N/A A Park Overlay designation has been provided in areas which should be developed with a park or recreation facility.
The following apply to the P Overlay:
• This designation does not call for the entire site/parcel to be dedicated as a park. Rather, a portion shall be reserved for a park facility when the parcel is developed.
• The actual size and location of the park shall be determined during project planning and development review.
Hillside
Overla
y(H)
N/A Development within these areas shall be subject to the Hillside Development Ordinance of the City and the following standards:
• Field surveys and investigations must be made to identify significant natural resources that may be present on site.
Developments should be designed to preserve these resources to the maximum extent feasible. Development should also be sensitive to significant natural resources located in nearby areas. • Geologic studies shall be conducted in areas where landslide, erosion, liquefaction, or other geologic and seismic hazards may be present. Development shall be limited in areas with geologic and seismic hazards that cannot be eliminated by construction methods.
• Developments shall be designed to reduce hazards associated with wildfire and brush fires through the provision of
setbacks,access roadways, fire-resistant construction, etc.
Brush control programs for fire prevention should be sensitive to natural vegetation and special-status animals.
• Responsible and trustee agencies and local environmental groups should be consulted to ensure the environmental review is thorough, prior to development approval.
• Off-road vehicle use, which may destroy existing resources, shall be limited on the hillsides.
Earthquake
Fault
Overlay(E)
N/A The Earthquake Fault Overlay applies to earthquake hazard zones along the Banning and Cherry Valley faults, as well as to areas within 150 feet of other local faults and photo lineaments in
CHAPTER 2: LAND
USE
2-20 CALIMESA GENERAL PLAN AUGUST
2014
Land Use
Designation
Building
Intensity
Range
(du/acre or
FAR)1,2
and
Population
Density
(persons/acre)3
General Plan Land Use Categories
Calimesa.
The following apply in the Earthquake Fault Overlay:
• Proposed residential projects, critical facilities (fire and police stations, hospitals, emergency centers and shelters), schools, and other uses with dependent populations shall be required to submit a geologic report that evaluates the potential for surfacerupture and other seismic hazards on site.
• Development shall be allowed only when the geologic report shows that no surface rupture or extreme seismic hazard exists, as approved by the county and state geologists.
• If an active fault is determined on site, setbacks and other seismic design considerations shall be required based on the recommendations of the geologic report.
Residential
Infill Priority
Area Overlay
Zone
(RIPAOZ)
Area 1
0.2 to 15
du/acre
1 to 35
persons/acre5
Development within these areas shall be subject to the Residential Infill Priority Area Overlay Zone Ordinance of the City. It will allow dwelling unit densities that will provide housing opportunities for higher density living, opportunities for people of low and moderate incomes, and is characterized by residential homes either on large or small lots or in an attached or detached configuration. The following apply to land with the RIPAOZ Area 1designation:
• Development in this category will consist of single-family attached and detached homes.
• This designation allows a wide range of living
accommodationsranging from large to small-lot attached
and detached housing.
• Developments shall be designed to high development
standards so as to integrate cohesively with the existing neighborhood. Developments within this category are expected to be promote efficiency by utilizing existing infrastructure and services.
CHAPTER 2: LAND
USE
CALIMESA GENERAL PLAN AUGUST
2014
2-21
RIPAOZ
Area 2
2 to 35 du/acre
5 to 83
persons/acre5
Development within these areas shall be subject to the Residential Infill Priority Area Overlay Zone Ordinance of the City. It will allow dwelling unit densities that will provide housing opportunities for higher density living, opportunities for people of low and moderate incomes, and is characterized by residential homes on small lots in an attached or detached configuration, including townhomes, condominiums, or apartments. The following apply to land with the RIPAOZ Area 2 designation:
• Development in this category will consist of single-family detached and attached and multi-family homes.
• This designation allows a wide range of living accommodations ranging from small-lot detached and attached housing to apartments.
• Developments shall be designed to high development standards so as to integrate cohesively with the existing neighborhood.
Developments within this category are expected to be promote efficiency by utilizing existing infrastructure and services.
Notes:
1 FAR = Floor Area Ratio, which is the measurement of the amount of nonresidential building square footage in relation to the size of the lot. Du/ac = dwelling units per acre.
2 The building intensity range noted is exclusive; that is, the range noted provides a minimum and maximum building intensity. 3 The population density range noted was calculated using 2.36 persons per household multiplied by the stated dwelling units/acre for each land use designation. Any resulting fraction thereof was rounded up to the nearest whole number.
Note: Pursuant to state law, each land use designation that provides for residential development (other than caretakers dwellings) is assigned a population density standard for the purposes of projection and infrastructure planning. These populationdensity standards are relevant only for planning purposes and shall not be interpreted as constituting legal limitations on the number of persons who may reside at any particular location or parcel. Further, this information is not intended to limit or regulate the amount of development. Source for persons per household: US Census Bureau, 2010. 4 Density standards have been provided for residential and nonresidential uses as this land use designation allows for both categories of use. FAR shall apply only to that portion of a building used for nonresidential purposes. Du/ac and persons/acre shall apply only to that portion of a building used for residential purposes. 5 The population density range noted was calculated using 2.44 persons per household multiplied by the stated dwelling units/acre for each land use designation. Any resulting fraction thereof was rounded up to the nearest whole number.
Note: Pursuant to state law, each land use designation that provides for residential development (other than caretakers dwellings) is assigned a population density standard for the purposes of projection and infrastructure planning. These populationdensity standards are relevant only for planning purposes and shall not be interpreted as constituting legal limitations on the number of persons who may reside at any particular location or parcel. Further, this information is not intended to limit or regulate the amount of development. Source for persons per household: US Census Bureau, 2020.
POLICY LU-8: The Land Use Map does not constitute a guarantee that any particularproperty can be developed as shown on the map. A variety of constraints, including regulatory requirements, General Plan policies, and other factors, will affect a site’s development potential. The actual intensity of development approved for a site or project may be less than the potential maximum due to physical constraints and other requirements, and will be determined through the project approval process.
POLICY LU-9: Calculations of the potential intensity of development on any site shall be based on gross acreage. A variety of constraints may affect a site’s
CHAPTER 2: LAND
USE
2-22 CALIMESA GENERAL PLAN AUGUST
2014
development potential, including land required for right-of-way for collector and arterial streets shown on the Circulation Map; public parks (as defined in the Open Space, Parks, and Recreation Chapter); public facilities such as schools, fire stations, and police facilities; floodways or floodplains; protected biological habitats; and other unique constraints applicable to the property as determined by the City.
POLICY LU-10: Where a density range is specified for residential development, developments shall provide at least the minimum density. Maximum density may be exceeded pursuant to an applicable density bonus provision. (MM) Note to the Reader: Please see the Housing Chapter of this General Plan for information on density bonus provisions that may be applied.
POLICY LU-11: Table LU-C shows the zoning districts that are compatible with the land use categories shown on the General Plan Land Use Map. All zoning decisions must be consistent with Table LU-B. (MM)
CHAPTER 2: LAND
USE
CALIMESA GENERAL PLAN AUGUST
2014
2-23
TABLE LU-C: LIST OF ZONING DISTRICTS
COMPATIBLE WITH GENERAL PLAN LAND USE CATEGORIES
Land Use Designation Compatible Zoning Districts
Residential Estate (RE) Residential Estate (R-E) Zone
Residential Rural (RR) Rural Residential (R-R) Zone
Residential Low (RL) Residential Low (R-L) Zone
Residential Low Medium (RLM) Residential Low/Medium (R-L-M) Zone Residential Medium (RM) Residential Medium (R-M)
Residential High (RH) Residential High (R-H) Zone
Commercial Neighborhood (CN) Neighborhood Commercial (C-N) Zone Commercial Community (CC) Community Commercial (C-C) Zone Commercial Regional (CR) Regional Commercial (C-R) Zone Office Professional (OP) Office Professional (O-P) Zone Residential Mixed Use (RMU) To be created
Commercial Mixed Use (CMU) To be created
Office Mixed Use (OMU) To be created
Business Park (BP) Business Park (B-P) Zone
Light Industrial (LI) Light Industrial (L-I) Zone
Open Space Residential (OSR) Planned Residential District Open Space (OS) Open Space District
Public/Quasi Public (PQP) Public/Quasi Public District/Special District Specific Plan (SPA) Specific Plan
Park Overlay (P) May be applied to any zone
Hillside Overlay (H) Hillside Development District
Earthquake Fault Overlay (E) May be applied to any zone Residential Infill Priority Area Overlay
Zone (RIPAOZ) Area 1
Residential Infill Priority Area Overlay
District
Residential Infill Priority Area Overlay
Zone (RIPAOZ) Area 2
Residential Infill Priority Area Overlay
District
CHAPTER 2: LAND
USE
2-24 CALIMESA GENERAL PLAN AUGUST
2014
MAINTAINING CALIMESA’S CHARACTER
POLICY LU-12: Preserve the desired small-town characteristics of Calimesa through the selection and placement of land uses. (MM)
ACTION ITEM LU-12.1: Coordinate with adjacent cities and communities on land use planning for the preservation of the small-town character of the area. (MM)
POLICY LU-13: Preserve the natural character and visual quality of Calimesa’s hillsides through sensitive site design and grading. (MM)
POLICY LU-14: Protect existing stable residential neighborhoods by encouraging maintenance and upkeep. (MM)
POLICY LU-15: Commercial and industrial developments shall be designed to reflect the small-town atmosphere of Calimesa, using building materials such as exposed heavy timbers, weathered wood, and new and used bricks and stone, while maintaining good planning and design principles. (MM) ACTION ITEM LU-15.1: Commercial or industrial developments on lots greater than 5 acres in size shall be required to prepare plans that include, but are not limited to, the location of buildings, landscaping, parking, driveways, signage, architectural character, and development phasing. (MM)
POLICY LU-16: Discourage land use conflicts and incompatibilities by providing buffers to include, but not be limited to, landscaping, setbacks, walls/fencing, site design, architectural features, density/intensity/operation reduction, or shielding of lighting between incompatible land uses and new development. (MM)
POLICY LU-17: Encourage and facilitate the transition of nonconforming land uses to conforming land uses. (MM)
ACTION ITEM LU-17.1: Establish regulations that control the size, height, scale, and mass of infill residential development in order to enhance the choices of existing property owners to renovate, rebuild, and sell their homes or remain as is. (MM)
CHAPTER 2: LAND
USE
CALIMESA GENERAL PLAN AUGUST
2014
2-25
LOCATION AND TIMING OF LAND USES
POLICY LU-18: New development should be contiguous or close to existing development and in locations where infrastructure, public facilities, and services are available when needed.
POLICY LU-19: Locate commercial and industrial development in areas where street rightsof-way and capacity are available, as well as sufficient infrastructure and public services.
Note to the Reader: Please see the Infrastructure and Public Services Chapter of this General Plan for additional policies related to the coordination of infrastructure and services with development.
POLICY LU-20: Locate land uses to achieve maximum compatibility with existing neighborhoods. (MM)
POLICY LU-21: Proposed zone changes and general plan amendments shall respect the logical extension of land uses. (MM)
POLICY LU-22: Locate high-density residential developments in areas served by existing and/or planned transit routes, infrastructure, and commercial development.
CHAPTER 2: LAND
USE
2-26 CALIMESA GENERAL PLAN AUGUST
2014
ECONOMIC DEVELOPMENT
POLICY LU-23: Encourage the development of commercial and industrial centers to expand the employment and fiscal base of Calimesa.
POLICY LU-24: Encourage existing and new employers in Calimesa to hire local residents when seeking to fill employment positions.
Note to the Reader: Please refer to the Sustainability Chapter of this General Plan for additional policies related to LU-23.
CALIMESA DOWNTOWN BUSINESS CORRIDOR
POLICY LU-25: The area shown in Figure LU-2 is designated as the Calimesa Downtown Business Corridor.
CHAPTER 2: LAND
USE
CALIMESA GENERAL PLAN AUGUST
2014
2-27
FIGURE LU-2: CALIMESA DOWNTOWN BUSINESS CORRIDOR POLICIES
CHAPTER 2: LAND
USE
2-28 CALIMESA GENERAL PLAN AUGUST
2014
POLICY LU-26: Calimesa Boulevard is envisioned as a commercial district offering a variety of businesses and serving a local and regional customer base.
POLICY LU-27: The west side of Calimesa Boulevard between Avenue L and Myrtlewood Drive shall accommodate regional shopping oriented to Interstate 10.
POLICY LU-28: The light industrial uses that exist within the corridor and provide jobs for Calimesa residents will be retained and provide areas for expansion.
POLICY LU-29: Improve existing development and encourage new development that will result in a downtown area that reflects a small-town shopping district.
POLICY LU-30: Existing businesses shall be supported by providing investment in public infrastructure and attracting additional businesses and people to the corridor.
POLICY LU-31: The image of the Calimesa Downtown Business Corridor shall be enhanced and a traditional downtown environment will be created, especially east of Calimesa Boulevard between Avenue L and Myrtlewood Drive.
SERVICE COMMERCIAL IMPROVEMENT AREA
POLICY LU-32: The area west of Interstate 10, shown in Figure LU-3, is designated as the Service Commercial Improvement Area.
POLICY LU-33: Provide development of uses west of Interstate 10 that will create job opportunities and complement the Calimesa Downtown Business Corridor.
POLICY LU-34: In the Service Commercial Improvement Area, the City will encourage designs that transition from and complement any existing residential uses.
CHAPTER 2: LAND
USE
CALIMESA GENERAL PLAN AUGUST
2014
2-29
FIGURE LU-3: SERVICE COMMERCIAL IMPROVEMENT AREA POLICIES
CHAPTER 2: LAND
USE
2-30 CALIMESA GENERAL PLAN AUGUST
2014
SOUTHERN CALIMESA BOULEVARD CORRIDOR AREA
POLICY LU-35: The area along Calimesa Boulevard, shown in Figure LU-4, is designated as the Southern Calimesa Boulevard Corridor Area.
FIGURE LU-4: SOUTHERN CALIMESA BOULEVARD CORRIDOR AREA
POLICIES
CHAPTER 2: LAND
USE
CALIMESA GENERAL PLAN AUGUST
2014
2-31
POLICY LU-36: Create development in the Southern Calimesa Boulevard Corridor Area that will provide an effective use of the area to capture business from theregional market.
POLICY LU-37: Encourage design in the Southern Calimesa Boulevard Corridor Area that will be compatible with and complement the existing residential uses in this area. (MM)
POLICY LU-38: Land uses in the Southern Calimesa Boulevard Corridor Area should strengthen and complement the Calimesa Downtown Business Corridor to the north and the planned commercial area to the west.
DESIGN
POLICY LU-39: To the extent possible, hillside areas should be preserved and protected. (MM)
ACTION ITEM LU-39.1: Review all development in areas having a slope of 25 percent or greater for compliance with the Calimesa Hillside Ordinance. (MM) POLICY LU-40: Stepped or multilevel foundations are encouraged for use in hillside development to reduce grading and maintain the rural appearance of the hillside areas. (MM)
POLICY LU-41: In hillside areas and areas affected by natural hazards (earthquakes, earthquake faults, major drainage flows, and landslides), the City encourages the use of development standards specific to the project to protect hillsides and protect life and property. (MM)
ACTION ITEM LU-41.1: Consider the use of a Residential Planned Development Zone to encourage creative site designs that would preserve significant natural resources and protect slopes and improve safety in areas affected by earthquakes, earthquake faults, major drainage flows, and landslides.(MM)
CHAPTER 2: LAND
USE
2-32 CALIMESA GENERAL PLAN AUGUST
2014
POLICY LU-42: On a site having a slope of 25 percent or greater, minimum lot sizes may be reduced below those otherwise required by a Residential Plan Development or other method to:
• Preserve steep slope areas;
• Avoid known faults and landslides;
• Preserve significant biological and drainage areas; and • Add open space to existing contiguous open space lands. (MM)
City of Calimesa Land Use and Zoning
I
0 0.51
Miles
Downtown Business District
§¨¦10
§¨¦10
·|þ}60
Mesa Verde Estates Specific Plan
Heritage Oaks
Equestrian Community
Specific Plan
Summerwind Ranch
Specific Plan
OAK VALLEY PKWY
SELROCCO
DR
CALIMESA BLVD
NANCY AVE
MOUNTAIN VIEW AVE
UNION ST
HOLMES WAY
B
RO
O
K
SIDE AVE
F REMONT ST
SINGLETON RD
WOODHOUSE RD
SA
N
TIMOTEO CANYON RD
AVENUE LSANDALWOOD
D
R
CHERRY VALLEY BLVD B EAUMONT R EDLAN
DS
R D
H:\2020\20-0238\GIS\Calimesa_Zoning\Calimesa_Zoning\Calimesa_Zoning.aprx Map created 21 Jun 2022 Source: City of Calimesa GP Land Use 10/22
Legend
Overlay Zone Properties
RIPAOZ Area 1 - 15 du/acre - no aparments
RIPAOZ Area 2 - 35 du/acre - aparments permitted
City Limits
General Plan Planning Area
Downtown Business District
Summerwind Ranch Specific Plan
Heritage Oaks Equestrian Community Specific Plan
General Plan Land Use
BP - Residential Estate
CC - Community Commercial (FAR 50:1)
CN - Commercial Neighborhood (FAR 25:1)
CR - Regional Commercial (FAR 75:1)
LI - Light Industrial
OP - Office Professional
OS - Open Space
OSR - Open Space Residential (1 DU/10 AC)
QP - Quasi-Public (Public Buildings, Parks)
RE - Residential Estates
RH - Residential High (14-20 DU/AC)
RL - Residential Low (2-4 DU/AC)
RLM - Residential Low Medium (4-7 DU/AC)
RR - Residential Rural (0-2 DU/AC)
Down Town Business District
DNC - Downtown Neighborhood Commercial
DVC - Downtown Village Commercial
DVS - Downtown Neighborhood Commercial
Mesa Verde Specific Plan
Basin
Mixed Use
Open Space
Park
Recreation
Residential
Road
School
Water Tank
Summerwind Ranch Specific Plan
Buisiness Park
Bungalows
Commercial
Community Recreation
Cottages
Garden Air Wash
Garden Courts
Linear Park
Manors
Nature Park
Open Space
Park
RLC Option Lands
ROW
Schools
Townhomes
Villas
Water Reclamation Facility
Summerwind Ranch Specific Plan
Heritage Oaks Equestrian Community Specific Plan
Heritage Residential
Open Space
Heritage Oaks Equestrian Community Specific Plan
Note: Minor, non-substantive revisions needed to the Mesa Verde and Summerwind Specifc Plan color schemes to be consistent with each adopted specific plan graphic.
Attachment 8E
CITY COUNCIL RESOLUTION NO. 2023-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA
CERTIFYING AND ADOPTING THE FINAL ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NO. 2022030754) FOR THE RESIDENTIAL INFILL
PRIORITY AREA OVERLAY ZONE PROJECT, MAKING THE CEQA FINDINGS OF
FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING
THE MITIGATION MONITORING AND REPORTING PROGRAM
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; 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.
Attachment 8F