Regular Meeting of the Calimesa City Council
Monday, October 16, 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, DEPUTY CITY CLERK
BENSON, FINANCE DIRECTOR REID, PLANNING DIRECTOR LUCIA, PUBLIC
WORKS DIRECTOR MONSON, 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.
Regular Meeting of the Calimesa City Council
Meeting Agenda
Monday, October 16, 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.
Regular Meeting of the Calimesa City Council
Monday, October 16, 2023
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.
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 October 2, 2023.
2. RECEIVE AND FILE CITY COMMISSION & BOARD MINUTES.
a) Library Commission action minutes of a regular meeting of September 5, 2023 b) Parks, Trails & Community Services action minutes of a regular meeting of September 6, 2023
3. APPROVAL OF WARRANT REGISTERS.
a) Check Register Report with a total of $365,023.82 (Check Nos. 40967 to 41020) b) September 28, 2023 Payroll of $105,185.66.
October 1, 2023 Council Payroll of $1,683.75
4. COUNCIL TRAVEL EXPENSES.
RECOMMENDATION: That the City Council move to approve the Council Travel Training and Meeting/Mileage Expenses Report through September 30, 2023
5. TREASURER’S REPORT FOR THE MONTH ENDED AUGUST 31, 2023.
RECOMMENDATION: That the City Council receive and file the Investment Report for the month ended August 31, 2023.
6. COUNCIL APPROVAL OF AN ALLOCATION OF FUNDS TO BE USED FOR PROFESSIONAL SERVICES TO ENSURE COMPLIANCE OF THE CALIFORNIA AB 434 DIGITAL ACCESSIBILITY LAW.
RECOMMENDATION: That the City Council approve Resolution No. 2023-67, amending the FY 2023-24 Budget to include an additional appropriation to the Information Technology Account for Professional Services to ensure compliance of the California AB 434 Digital Accessibility Law.
SHERIFF CAPTAIN COMMENTS & REPORTS
FIRE CHIEF COMMENTS & REPORTS
CALIMESA CHAMBER OF COMMERCE REPORTS
Regular Meeting of the Calimesa City Council
Monday, October 16, 2023
BUSINESS ITEMS
7. CALIMESA BREAKFAST LIONS CLUB BEAUTIFICATION PROJECT – MYRTLEWOOD MEDIAN.
RECOMMENDATION: That the City Council provide staff with direction for the Myrtlewood Median Beautification Project proposed by the Calimesa Breakfast Lions Club.
8. 2nd READINGS OF ORDINANCE NOS. 392, 393 AND 394, ORDINANCES OF THE CITY OF CALIMESA, CALIFORNIA, APPROVING SEGMENT NOS. 1, 2, AND 3 OF ZONE CHANGE 21- 01 IN CONNECTION WITH THE ADOPTION OF THE RESIDENTIAL INFILL PRIORITY OVERLAY ZONE (“RIPAOZ”) AND THE AMENDMENT OF VARIOUS SECTIONS OF THE ZONING CODE (TITLE 18 OF THE CALIMESA MUNICIPAL CODE).
RECOMMENDATION: That the City Council:
1) Conduct 2nd reading by title only and adopt Ordinance No. 392, AN ORDINANCE OF THE CITY OF CALIMESA, CALIFORNIA, APPROVING SEGMENT NO. 1 OF ZONE CHANGE 21-01 IN
CONNECTION WITH THE ADOPTION OF THE RESIDENTIAL INFILL PRIORITY OVERLAY ZONE (“RIPAOZ”) AND THE AMENDMENT OF VARIOUS SECTIONS OF THE ZONING CODE (TITLE 18 OF THE CALIMESA MUNICIPAL CODE).
2) Conduct 2nd reading by title only and adopt Ordinance No. 393, AN ORDINANCE OF THE CITY OF CALIMESA, CALIFORNIA, APPROVING SEGMENT NO. 2 OF ZONE CHANGE 21-01 IN
CONNECTION WITH THE ADOPTION OF THE RESIDENTIAL INFILL PRIORITY OVERLAY ZONE (“RIPAOZ”) AND THE AMENDMENT OF VARIOUS SECTIONS OF THE ZONING CODE (TITLE 18 OF THE CALIMESA MUNICIPAL CODE).
3) Conduct 2nd reading by title only and adopt Ordinance No. 394, AN ORDINANCE OF THE CITY OF CALIMESA, CALIFORNIA, APPROVING SEGMENT NO. 3 OF ZONE CHANGE 21-01 IN
CONNECTION WITH THE ADOPTION OF THE RESIDENTIAL INFILL PRIORITY OVERLAY ZONE (“RIPAOZ”) AND THE AMENDMENT OF VARIOUS SECTIONS OF THE ZONING CODE (TITLE 18 OF THE CALIMESA MUNICIPAL CODE).
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 November 6, 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 16, 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 October 2, 2023.
ATTACHMENTS:
Attachment A: City Council action minutes of October 2, 2023 regular meeting.
City Council Meeting
Agenda Report
Agenda Item No. 2
SUBJECT: APPROVAL OF COMMISSION MEETING MINUTES
MEETING DATE: October 16, 2023
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the action minutes as presented for the Library Commission regular meeting of September 5, 2023 and the Parks, Trails & Community Services Commission regular meeting of September 6, 2023 ATTACHMENTS:
Attachment A: Library Commission action minutes of regular meeting of 9/5/2023 Attachment B: Parks, Trails & Community Services Commission action minutes of regular meeting of 9/6/2023.
City Council Meeting
Agenda Report
Agenda Item No. 3
SUBJECT: APPROVAL OF WARRANT REGISTER
MEETING DATE: October 16, 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 $365,023.82 (Check Nos. 40967-41020) b) September 28, 2023 Payroll of $105,185.66
October 1, 2023 Council Payroll of $1,683.75
City Council Meeting
Agenda Report
Agenda Item No. 4
SUBJECT: COUNCIL TRAVEL, TRAINING AND MEETING/MILEAGE
EXPENSES
MEETING DATE: October 16, 2023
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the Council Travel, Training and Meeting/Mileage Expenses Report through September 30, 2023.
ATTACHMENTS:
Attachment A: Council Travel, Training and Meeting/Mileage Expenses Report through September 30, 2023.
FISCAL YEAR 2023-24
COUNCIL TRAVEL AND MEETING/MILEAGE EXPENSES
ATTACHMENT 4A
MEETING/MILEAGE 01-1100-7590
DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
TOTAL TRAVEL/TRAINING $ - TOTAL MEETING/MILEAGE $ -
REMAINING BALANCE $ 1,450.00 REMAINING BALANCE $ 600.00 MEETING/MILEAGE 01-1100-7590
DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
TOTAL TRAVEL/TRAINING $ - TOTAL MEETING/MILEAGE $ -
REMAINING BALANCE $ 1,450.00 REMAINING BALANCE $ 600.00
JEFF CERVANTEZ TRAVEL - MEETING/MILEAGE EXPENSES
TRAVEL/TRAINING 01-1100-7585
WENDY HEWITT TRAVEL - MEETING/MILEAGE EXPENSES
TRAVEL/TRAINING 01-1100-7585
FISCAL YEAR 2023-24
COUNCIL TRAVEL AND MEETING/MILEAGE EXPENSES
ATTACHMENT 4A
MEETING/MILEAGE 01-1100-7590
DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
TOTAL TRAVEL/TRAINING $ - TOTAL MEETING/MILEAGE $ -
REMAINING BALANCE $ 1,900.00 REMAINING BALANCE $ 600.00 MEETING/MILEAGE 01-1100-7590
DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
1-Jul LOCC Annual Conf Registration $ 75.00 10-Jul LOCC Riverside Division Meeting $ 40.00 31-Jul Airline ticket for Conference $ 336.97
TOTAL TRAVEL/TRAINING $ 411.97 TOTAL MEETING/MILEAGE $ 40.00 REMAINING BALANCE $ 1,038.03 REMAINING BALANCE $ 560.00
LINDA MOLINA TRAVEL - MEETING/MILEAGE EXPENSES
TRAVEL/TRAINING 01-1100-7585
BILL DAVIS TRAVEL - MEETING/MILEAGE EXPENSES
TRAVEL/TRAINING 01-1100-7585
FISCAL YEAR 2023-24
COUNCIL TRAVEL AND MEETING/MILEAGE EXPENSES
ATTACHMENT 4A
MEETING/MILEAGE 01-1100-7590
DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
TOTAL TRAVEL/TRAINING $ - TOTAL MEETING/MILEAGE $ -
REMAINING BALANCE $ 1,450.00 REMAINING BALANCE $ 600.00
JOHN MANLY TRAVEL - MEETING/MILEAGE EXPENSES
TRAVEL/TRAINING 01-1100-7585
City Council Meeting
Agenda Report
Agenda Item No. 5
SUBJECT: TREASURER’S REPORT FOR THE MONTH ENDED
AUGUST 31, 2023
MEETING DATE: October 16, 2023
PREPARED BY: Celeste Reid, Finance Director and Treasurer RECOMMENDATION: That the City Council receive and file the Investment Report for the month ended August 31, 2023.
BACKGROUND: Pursuant to Council Resolution No. 2022-61 approved on November 7, 2022, the monthly Treasurer’s Report is hereby submitted. The report complies with the aforementioned Council resolution, as well as Government Code Section 53646.
DISCUSSION: The investment report provides information in accordance with the Investment Policy approved by Council Resolution No. 2022-61. Information includes the reporting of realized and unrealized gain and loss activity for the respective month of reporting. Generally, unrealized gains and losses are the day-to-day increases or decreases in an assets value. Until an investment is sold for cash, the gains or losses remain unrealized. Realized gains and losses reflect the results of selling of investments and are the difference between the cost basis and the market value as of the transaction date of sale. The City will continually have reportable changes of unrealized gain and loss activity between cost basis and market value as underlying investments are subject to the variability of market conditions. Staff evaluates investment options on an ongoing basis to ensure reasonable access to funds and reserves are set aside to maintain availability of cash position for general operations and capital assets.
Significant transactions during the month include a transfer on August 16, 2023 of $1,800,000 from the LAIF investment fund to the General Checking account.
FISCAL IMPACT: Revenue was recognized for interest and dividend earnings of $9,184 from CFD and Successor Agency funds.
ATTACHMENTS:
Attachment A: Treasurer’s Report for the month ended August 31, 2023.
City Council Meeting
Agenda Report
Agenda Item No. 6
SUBJECT: COUNCIL APPROVAL OF AN ALLOCATION OF FUNDS TO BE
USED FOR PROFESSIONAL SERVICES TO ENSURE
COMPLIANCE OF THE CALIFORNIA AB 434 DIGITAL
ACCESSIBILITY LAW.
MEETING DATE: October 16, 2023
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve Resolution No. 2023-67, amending the FY 2023-24 Budget to include an additional appropriation to the Information Technology Account for Professional Services to ensure compliance of the California AB 434 Digital Accessibility Law.
BACKGROUND: California Assembly Bill 434 came into effect on July 1, 2019. It mandates that all state agencies and entities ensure that their websites live up to web content accessibility guidelines (WCAG) standards 2.0, level AA. The Web Content Accessibility Guidelines (WCAG) is an international standard that was and continues to be developed by the Web Accessibility Initiative (WAI), a part of the World Wide Web Consortium (W3C). The WCAG was created with the intention of making the web a more accessible place for people with disabilities. The guidelines offer technical recommendations on how to make website content accessible. The guidelines are also the standard reference for most website accessibility-related legislation like the Americans with Disability Act (ADA) in the US.
Further, California Civil Code 51, the Unruh Civil Rights Act states that businesses must grant people with disabilities equal access to their services and facilities under this law. This includes, among other things, making sure websites are accessible to the blind and offering physical wheelchair access and sign language interpreters.
Staff’s intent is to make the City’s website as compliant as possible by adhering to the required guidelines and the State of California’s Digital Accessibility Law. In order to accomplish this, staff is recommending an allocation of funding to be able to partner with CivicPlus. As you know CivicPlus created our website and currently provides annual support, maintenance and hosting.
Monsido is a division of CivicPlus and would provide the appropriate services to ensure that the City of Calimesa website meets the necessary requirements.
FISCAL IMPACT: The FY 2023-24 General Fund Budget requires an amendment to include an appropriation of $6,500 to the Information Technology Department Fund 2100-7230 Other Contract Services.
ATTACHMENTS:
Attachment A: Resolution No. 2023-67
RESOLUTION 2023-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CALIMESA CALIFORNIA, AMENDING THE FY 2023-24 BUDGET
TO INCLUDE AN ADJUSTMENT IN INFORMATION
TECHNOLOGY IN THE GENERAL FUND
WHEREAS, California Assembly Bill 434 came into effect on July 1, 2019 and it mandates that all state agencies and entities ensure that their websites live up to web content accessibility guidelines (WCAG) standards 2.0, level AA; and WHEREAS, The Web Content Accessibility Guidelines (WCAG) is an international standard that was and continues to be developed by the Web Accessibility Initiative (WAI), a part of the World Wide Web Consortium (W3C).; and
WHEREAS, The WCAG was created with the intention of making the web a more accessible place for people with disabilities; and
WHEREAS, California Civil Code 51, the Unruh Civil Rights Act states that businesses must grant people with disabilities equal access to their services and facilities under this law including, among other things, making sure websites are accessible to the blind and offering physical wheelchair access and sign language interpreters; and WHEREAS, it is the intent of the City to make the it’s website as compliant as possible by adhering to the required guidelines and the State of California’s Digital Accessibility Law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
The Fiscal Year 2023-24 General Fund Budget is hereby amended as follows:
• Increase appropriations in account 01-2100-7230 by $6,500 PASSED, APPROVED, and ADOPTED this 16th day of October 2023. _____________________________________
WILLIAM DAVIS, MAYOR
ATTEST:
_________________________________
DARLENE GERDES, CITY CLERK
City Council Meeting
Agenda Report
Agenda Item No. 7
SUBJECT: CALIMESA BREAKFAST LIONS CLUB BEAUTIFICATION
PROJECT – MYRTLEWOOD MEDIAN
MEETING DATE: October 16, 2023
PREPARED BY: Mari Shakir, Associate Engineer
RECOMMENDATION: That the City Council provide staff with direction for the Myrtlewood Median Beautification Project proposed by the Calimesa Breakfast Lions Club.
DISCUSSION: The median on Myrtlewood at Calimesa Blvd is currently bare dirt with planted palm trees. The Calimesa Breakfast Lions Club has approached City staff with their desire to beautify this median. The proposed project includes metal plants, boulders, and rocks to be installed by Lions Club volunteers.
The Lions Club is requesting that the City provide Traffic Control during installation and provide for the ongoing maintenance of the medians after installation. This would include replacement of any damaged components. Attached to this report is the proposal that shows the estimated cost of each item being installed. The Lions Club would provide a clean-up crew once a month to pick up trash.
FISCAL IMPACT: It is estimated that up to $2,000 worth of staff time will be needed for traffic control, and about $1,000 for annual maintenance costs to include replacements and staff time. If approved, this amount will be projected during the annual budget process.
ATTACHMENTS:
Attachment A: Calimesa Breakfast Lions Club Proposal and Plans
City Council Meeting
Agenda Report
Agenda Item No. 8
SUBJECT: 2
nd READINGS OF ORDINANCE NOS. 392, 393 AND 394,
ORDINANCES OF THE CITY OF CALIMESA, CALIFORNIA,
APPROVING SEGMENT NOS. 1, 2, AND 3 OF ZONE CHANGE 21-
01 IN CONNECTION WITH THE ADOPTION OF THE
RESIDENTIAL INFILL PRIORITY OVERLAY ZONE (“RIPAOZ”)
AND THE AMENDMENT OF VARIOUS SECTIONS OF THE
ZONING CODE (TITLE 18 OF THE CALIMESA MUNICIPAL CODE)
MEETING DATE: October 16, 2023
PREPARED BY: Will Kolbow, City Manager
RECOMMENDATION: That the City Council:
1) Conduct 2nd reading by title only and adopt Ordinance No. 392, AN ORDINANCE OF THE CITY OF CALIMESA, CALIFORNIA, APPROVING SEGMENT NO. 1 OF ZONE CHANGE 21-01 IN
CONNECTION WITH THE ADOPTION OF THE RESIDENTIAL INFILL PRIORITY OVERLAY ZONE (“RIPAOZ”) AND THE AMENDMENT OF VARIOUS SECTIONS OF THE ZONING CODE (TITLE 18 OF THE CALIMESA MUNICIPAL CODE).
2) Conduct 2nd reading by title only and adopt Ordinance No. 393, AN ORDINANCE OF THE CITY OF CALIMESA, CALIFORNIA, APPROVING SEGMENT NO. 2 OF ZONE CHANGE 21-01 IN
CONNECTION WITH THE ADOPTION OF THE RESIDENTIAL INFILL PRIORITY OVERLAY ZONE (“RIPAOZ”) AND THE AMENDMENT OF VARIOUS SECTIONS OF THE ZONING CODE (TITLE 18 OF THE CALIMESA MUNICIPAL CODE).
3) Conduct 2nd reading by title only and adopt Ordinance No. 394, AN ORDINANCE OF THE CITY OF CALIMESA, CALIFORNIA, APPROVING SEGMENT NO. 3 OF ZONE CHANGE 21-01 IN
CONNECTION WITH THE ADOPTION OF THE RESIDENTIAL INFILL PRIORITY OVERLAY ZONE (“RIPAOZ”) AND THE AMENDMENT OF VARIOUS SECTIONS OF THE ZONING CODE (TITLE 18 OF THE CALIMESA MUNICIPAL CODE).
BACKGROUND & DISCUSSION: On October 2, 2023, the City Council conducted a public hearing for the Residential Infill Priority Area Overlay Zone project. During the hearing, the City Council proposed and approved various changes prior to the first readings and approvals of Ordinance Nos. 392, 393, and 394.
The ordinances have been updated to reflect the changes made by the City Council. The changes are summarized below:
• Parcel No. 413-320-003, within Segment No. 1, was revised to be included in Area 1 of the RIPAOZ.
• Parcel Nos. 411-171-018 and 411-171-041, within Segment No. 2, were revised to be included in Area 1 of the RIPAOZ.
• RIPAOZ Area 1 maximum building height for buildings and structures, contained in Section 9 of the respective ordinances, was revised to 32’ or two stories, whichever is less. This is the same maximum building height allowed within the R-L zone, which is the underlying zone for the majority of RIPAOZ Area 1 parcels.
• RIPAOZ Area 2 maximum building height for buildings and structures, contained in Section 9 of the respective ordinances, was revised to 40’ or three stories, whichever is less. This is the same maximum building height allowed within the R-L-M zone, which is the underlying zone for all RIPAOZ Area 2 parcels.
• Parcel Nos. 409-100-009 and 409-100-011, the two parcels adjacent to Douglas Street between County Line Road and Avenue L, were removed from the RIPAOZ ordinance.
Attached are redline versions of the ordinances from what was proposed at the public hearing to reflect these changes (Attachments B, D, and F), as well as clean revised versions of the ordinances (Attachments A, C, and E). A revised map showing the final RIPAOZ is included as Attachment G.
FISCAL IMPACT: None.
ATTACHMENTS: Please use letters when identifying attachments Attachment A: Ordinance No. 392 (Clean)
Attachment B: Ordinance No. 392 (Redline)
Attachment C: Ordinance No. 393 (Clean)
Attachment D: Ordinance No. 393 (Redline)
Attachment E: Ordinance No. 394 (Clean)
Attachment F: Ordinance No. 394 (Redline)
Attachment G: Updated RIPAOZ Map
1 ORDINANCE NO. 392
AN ORDINANCE OF THE CITY OF CALIMESA, CALIFORNIA, APPROVING SEGMENT NO. 1 OF ZONE CHANGE 21-01 IN CONNECTION WITH THE
ADOPTION OF THE RESIDENTIAL INFILL PRIORITY AREA OVERLAY ZONE (“RIPAOZ”) AND THE AMENDMENT OF VARIOUS SECTIONS OF THE ZONING CODE (TITLE 18 OF THE CALIMESA MUNICIPAL CODE)
WHEREAS, in 2017, Governor Brown signed a 15-bill housing package aimed at addressing the state’s housing shortage and high housing costs. The package included the Building Homes and Jobs Act (SB 2), which established a funding source to increase the supply of affordable homes in California by collecting a $75 recording fee on real estate documents. These funds were made available to all local governments in California to help prepare, adopt, and implement plans that streamline housing approvals and accelerate housing production; and,
WHEREAS, the City was awarded a $160,000 grant by the State of California Department of Housing and Community Development (“HCD”) SB 2 program to prepare a “Residential Infill Priority Area Overlay Zone”, also referred to as the “RIPAOZ,” to up-zone certain residential properties identified by the City to allow higher density development including duplexes, townhomes, condos, and a limited amount of apartments by-right; and,
WHEREAS, the City was awarded a $65,000 supplementary grant by HCD Local Early Action Grants program, also referred to as the “LEAP” program, to assist in the preparation and adoption of planning documents and process improvements that accelerate housing production and facilitate compliance to implement the sixth cycle of the regional housing need assessment; and, WHEREAS, the City prepared the RIPAOZ to encourage infill development and allow for higher density residential development than the underlying zoning designation as established by Calimesa Municipal Code (CMC) Chapter 18.20. The RIPAOZ establishes areas where infill residential development is encouraged which maintains the character of existing neighborhood buildings and structures; to permit a flexible approach to providing affordable housing; to increase property values in residential neighborhoods; and to foster well-planned, compact developments keeping with the character of the existing neighborhood by a) Providing opportunities for the development of affordable housing, b) Promoting efficiency in the utilization of existing infrastructure and services, c) Facilitating integrated physical design, d) Promoting a high level of design quality, e) Facilitating development proposals responsive to current and future market conditions, and f) Providing safe vehicular circulation patterns for residents and safety/service providers; and,
WHEREAS, ZC 21-01 is a component of the Residential Infill Priority Area Overlay Zone Project (the “RPIAOZ Project” or “Project”), and is considered a “project” pursuant to the terms of the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. and the State CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et seq. (collectively “CEQA”); and, WHEREAS, an Environmental Impact Report (SCH#2022030754) and Mitigation Monitoring and Reporting Program were prepared for the Project by the City of Calimesa (“City”), in accordance with CEQA to evaluate the development of the properties included in the RIPAOZ (Environmental Assessment 22-05); and,
2 WHEREAS, on August 18, 2023, the City gave public notice as required under Chapter 18.15.080 (Hearings and Appeals) of the City of Calimesa Municipal Code by advertising in the Yucaipa Calimesa News Mirror newspaper of the holding of a public hearing at a special meeting of the Planning Commission at which Environmental Assessment 22-05, General Plan Amendment 22-01, and Zone Change 21-01 were considered for a recommended action for the City Council; and, WHEREAS, on August 28, 2023, during a duly noticed public hearing at a special meeting, the Planning Commission adopted Resolution 2023-09 recommending to the City Council the approval of Environmental Assessment 22-05, General Plan Amendment 22-01, and Zone Change 21-01, approving the RIPAOZ, and,
WHEREAS, on September 13, 2023, the Fair Political Practices Commission (the “FPPC”) advised the City Attorney that it would be appropriate for the City Council to divide the City Council’s consideration of the RIPAOZ into segments pursuant to 2 Cal. Code of Regs. Section 18706; and, WHEREAS, accordingly, General Plan Amendment 22-01, and Zone Change 21-01 have been segmented into three distinct components pursuant to 2 Cal. Code of Regs. Section 18706. This Segment No. 1 of Zone Change 21-01 contains the property that is identified as Assessor Parcel Map No. 413-320- 003 and which is proposed to be added into newly created RIPAOZ Area 1. Mayor Davis will recuse himself from participation in this segment of the RIPAOZ involving designating property that was located within 1,000 feet from the Mayor’s property into the RIPAOZ; and, WHEREAS, on September 18, 2023, the City Council continued the duly noticed hearing for EA 22-05, GPA 22-01, and ZC 21-01 to the October 2, 2023 meeting of the City Council; and, WHEREAS, on October 2, 2023, the City Council held the continued public hearing for EA 22- 05, GPA 22-01, and ZC 21-01 at which time interested persons had an opportunity to testify in support of, or opposition to, the proposed ordinance, and at which time the City Council considered EA 22-05, GPA 22-01, and ZC 21-01; and,
WHEREAS, City Council of the City of Calimesa desires to approve Segment No. 1 of Zone Change 21-01, also known as ZC 21-01, adopting the RIPAOZ and amending various sections of the Zoning Code (Title 18 of the Calimesa Municipal Code).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA DOES ORDAIN AS FOLLOWS:
Section 1. The above recitals are all true and correct and constitute a material portion of this Ordinance.
Section 2. The City Council has reviewed and considered the information included in the General Plan, as amended by Resolution No. 2023-62, Zoning Code, and Staff Report for the Public Hearing and public testimony prior to taking action on the proposed ordinance, approving the Zone Change and related EIR, and adopting the MMRP.
Section 3. The proposed Project, Zone Change 21-01, also known as ZC 21-01, amending various sections of the Zoning Code (Title 18 of the Calimesa Municipal Code, has been environmentally
3 reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.). A Final Environmental Impact Report was prepared and the City Council, by separate Resolution No. 2023-61, certified the Final Environmental Impact Report, made appropriate environmental findings, and adopted a Mitigation Monitoring and Reporting Program for the Project.
Resolution No. 2023-61 is incorporated by reference, and made a part hereof as if fully set forth herein.
The documents and other material that constitute the record on which this decision is based are located in the Planning Department of the City of Calimesa, at 908 Park Avenue, Calimesa, California 92320 and are in the custody of the Planning Director.
Section 4. The City Council finds that the Zone Change is consistent with the goals and policies of the General Plan and State housing goals, and would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
Section 5. Segment No. 1 of the RIPAOZ, as defined in the recitals of the Ordinance, and which contains property known as Assessor Parcel No. 413-320-003 is hereby approved, inclusive of the provisions contained in Sections 6 through 12 of this Ordinance. The property within Segment No. 1 is hereby designated as being within Area 1 of the RIPAOZ. The location and boundaries of the property within Segment No. 1 of the RIPAOZ shall be as shown on the official zoning map of the City of Calimesa, California. This information is on file and available at the Community Development Department at Calimesa City Hall.
Section 6. Section 18.05.080 (Zone districts establish) of Chapter 18.05 (General Provisions) of Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby amended to add “Residential Infill Priority Area Overlay Zone” as follows, with all other provisions in Section 18.05.080 to remain the same:
18.05.080 Zone districts established.
Symbol Zone Name Chapter
RIPAOZ Residential Infill Priority Area Overlay Zone 18.20 Section 7. Section 18.20.020 (Residential zone districts) in Chapter 18.20 (Residential Zone Districts) of the Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby amended to add a new Subsection H as follows, with all other subsections to remain the same:
H. Residential Infill Priority Area Overlay (RIPAOZ) Zone. The purposed of this chapter is to establish the Residential Infill Priority Area Overlay Zone (RIPAOZ) to encourage residential infill development at a higher density than the underlying zoning designation established by Calimesa Municipal Code (CMC) Chapter 18.20. The RIPAOZ identifies areas where residential infill development is encouraged; permits a flexible approach to providing affordable housing; aims to increase the variety of housing options in existing residential neighborhoods; fosters well-planned, compact developments keeping with the character of the existing neighborhood, promotes efficiency in the utilization of existing infrastructure and services, facilitates integrated physical design, promotes a high level of design quality,
4 facilitates development proposals responsive to current and future market conditions, and provides safe vehicular circulation patterns for residents and safety/service providers.
Section 8. Table 18.20.030 (Uses Permitted Within Residential Districts) of Chapter 18.20 (Residential Zone Districts) of the Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby amended to add two columns as follows, with all other sections, subsections, and notes of Table 18.20.030 to remain the same:
Table 18.20.030 – Uses Permitted Within Residential Districts Use RIPAOZ
Area 1
RIPAOZ
Area 2
A. Residential Uses
Accessory dwelling unit P P
Bed and breakfast inn C C
Boarding house X X
Community care facility
• Six or fewer persons P P
• Seven or more persons C C
Convalescent care facility C C
Day Care Facility
• Six or fewer children P P
• Seven or more children P P
Guest house P P
Junior accessory dwelling unit P P
Manufactured housing P P
Mobile home park X X
Senior congregate care housing C C
Multifamily dwellings X P
Single-family detached P P
Single-family attached P P
B. Equestrian Uses
Riding academy X X
Rodeo arena X X
Stables. private X X
Stables, commercial X X
C. Agricultural Uses X X
D. Commercial Uses
Hair stylist P P
Feed and grain sales X X
Fruit and vegetable processing X X
Nursery and incidental garden supply X X
Produce market X X
Display and sale of agricultural products X X
E. Public/Quasi-Public Uses
5 Use RIPAOZ
Area 1
RIPAOZ
Area 2
Cemeteries, columbariums, mausoleums (including pet cemeteries) X X Churches and other religious institutions C C
Educational institutions (public and private schools, not including vocational schools):
a. Small (25 or fewer students) on sites with existing assembly uses and adequate off-street parking
b. Large (26 or more students)
P
C
P
C
Fire and police stations C C
Meeting places of nonprofit civic groups, community organizations, clubs, and lodge halls
C
C
Public libraries and museums C C
Public utility and public service substations, reservoirs, pumping plants, and similar installations, not including public utility offices C C F. Recreational Uses
Archery ranges X X
Fishing lakes (commercial and noncommercial) X X
Golf courses and customary appurtenant facilities, including clubhouses, restaurants and retail shops, except driving ranges and miniature golf courses
X X
Parks P P
Picnic grounds for day use only X X
G. Accessory Uses
Antennas, satellite dishes P P
Garages P P
Other accessory uses and structures located on the same site as a permitted use P P
Permanent outdoor storage within parking lot areas X X
H. Home Occupations
Subject to the provisions
of CMC 18.15.090, Home
occupation permits
I. Temporary Uses
Subject to the provisions
of CMC 18.151.130.
Temporary use Permits
J. Other
Apiary X X
Camp X X
Commercial cannabis activity X X
Community garden P P
Farm projects (Future Farmers, 4-H, or similar projects) X X Guest ranch X X
Kennels X X
Menageries, animal hospitals, and shelters X X
Outdoor storage, front yard areas X X
6 Use RIPAOZ
Area 1
RIPAOZ
Area 2
K. Other Uses Similar to and No More Objectionable Than the Uses Identified Above
Subject to the provisions
of CMC 18.15.180
Determination of similar
use
Legend:
P – Permitted use
C – Subject to conditional use permit
X – Prohibited
Section 9. Table 18.20.040 (Residential Development Standards) in Section 18.20.040 (Residential Development Standards) of Chapter 18.20 (Residential Zone Districts) of Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby amended add two columns as follows, with all other sections, subsections, and notes to remain the same:
Table 18.20.040 – Residential Development Standards
Standard RIPAOZ Area 1 RIPAOZ Area 2
Maximum density (DUs per gross acre) 15 35
Minimum lot size (net area) 1,591 s.f. N/A
Minimum lot width137’ 60’
Minimum lot depth 43’ 100’
Minimum front yard setback 10’ 10’
Minimum side yard setbacks23
Note 2 below
Minimum rear yard setback35
Note 3 below
Maximum lot coverage 75% 75%
Maximum height for buildings and structures 32’ or two stories, whichever is less
40’ or three
stories,
whichever is
less
Notes:
1. Flag lots (lots with less than the required lot width minimum) are prohibited. Cul-de-sac lots shall have a minimum width of 35 feet.
2. Side Yard Setbacks (RIPOAZ 2) One-story building; five feet. Two-story building: five feet for the first story and 10 feet for the second story. For buildings having more than two stories: five feet for the first story; 10 feet for the second story; and an additional five feet for each story thereafter]
3. Rear yard Setbacks (RIPAOZ 2) One- and two-story buildings; 10 feet. For buildings having more than two stories: 10 feet for the first and second stories; and an additional five feet for each story thereafter
Section 10. Table 18.45.060 (Number of Required Parking Spaces) of Chapter 18.45 (OffStreet Parking) of Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal
7 Code, is hereby amended to add one new row as follows, with all other sections, subsections, and notes of Section 18.45.060 to remain the same:
Uses Number of Required Spaces
Residential Uses
All residential uses proposed within the Residential Infill Priority Area Overlay Zone (“RIPAOZ”)
Subject to Planning Director and City
Engineer approval of a site-specific
focused Traffic & Parking Study
prepared in accordance with the latest
edition of the Institute of Transportation
Engineers (ITE) Trip Generation Manual.
Section 11. A new Subsection 11 of subdivision B (“Applicability”) of Section 18.90.030 (Minor Development Plan Review) of Chapter 18.90 (Development Plan Review) of Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby added with all other subsections of Section 18.90.030 to remain the same:
11. All single family attached, single family detached, multi-family dwellings, and accessory dwelling units (if permitted by State law) proposed within the Residential Infill Priority Area Overlay Zone (“RIPAOZ”).
Section 12. A new Subsection P (“RIPAOZ Design, Screening, and Privacy Standards”) of Section 18.20.050 (Specific development standards for residential districts) of Chapter 18.20 (Residential Zone Districts) of Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby added with all other subsections of Section 18.20.050 to remain the same:
P. RIPAOZ Design, Screening, and Privacy Standards. Multifamily housing within the RIPAOZ shall be constructed in the following manner:
1. All multifamily developments within the RIPAOZ with 12 or more dwelling units shall provide 20 percent usable open space for passive and active recreational uses. Usable open space areas shall not include rights-of-way, vehicle parking areas, areas adjacent to or between any structures less than 15 feet apart, setbacks, patios or private yards, or slope areas greater than eight percent.
2. All multifamily developments within the RIPAOZ shall be required to install a 7’ perimeter block wall to limit visual intrusion on surrounding development to the greatest extent possible.
3. Each dwelling unit within the RIPAOZ shall have a private (walled) patio or balcony.
4. All multifamily developments within the RIPAOZ shall provide recreational amenities within the site which may include a swimming pool; spa; gym; on site multi-use trails/walking paths (separate from private sidewalks); package centers; smart home technology; clubhouse; tot lot with play equipment; picnic shelter/barbecue area; court game facilities such as tennis, basketball, or racquetball; improved softball or baseball fields; or day care facilities. The type of amenities shall be approved by the planning director and provided according to the following schedule:
8 Schedule Table
Units Amenities
0 – 11 0
12 – 100 1
101 – 200 2
201 – 300 3
Note: Add one amenity for each 100 additional units or fraction thereof.
5. Each dwelling unit shall be provided with a minimum of 100 cubic feet of enclosed storage space, such as roof rack storage, within the garage, carport, or immediately adjacent to the dwelling unit. Garages shall not be used as a gym.
6. Driveway approaches within a multifamily development of 12 or more units within the RIPAOZ shall be delineated with interlocking pavers and/or rough-textured concrete and landscaped medians.
7. All parts of all structures shall be within 100 feet of paved access for single-story and 50 feet for multistory units.
8. A bus turnout and shelter on the on-site arterial frontage shall be dedicated if the project is located on a bus route as determined by the planning director.
9. Common laundry facilities of sufficient number and accessibility consistent with the number of living units and the Uniform Building Code shall be provided.
10. Each condominium unit shall be plumbed and wired for a washing machine and dryer.
11. Each dwelling unit shall be provided with an automatic dishwasher and a heavy-duty garbage disposal unit.
12. Telephone jacks shall be installed in all living rooms, kitchens, and bedrooms.
13. Interior television antennas (cable television) shall be installed in each apartment unit, or a central interior antenna shall be installed in each apartment building. No exterior antenna or satellite dish antenna shall be permitted.
14. All utilities, including but not limited to electrical, cable television, and telephone lines, on the site shall be underground.
15. Each multiple-dwelling building or complex shall provide one hose bib for each three required parking spaces, and these hose bibs shall be located adjacent to parking areas.
16. Lighting. Refer to Chapter 18.120 CMC, Outdoor Lighting.
9 17. Management and security plans shall be submitted for review and approval by the Planning Director (or designee) for multifamily developments within the RIPAOZ with 12 or more dwelling units. These plans shall be comprehensive in scope.
18. Electronic Gates. Multifamily buildings or complexes with 40 or more dwellings within the RIPAOZ shall provide electronic gates as follows:
a. A minimum six-foot-high, decorative wrought iron fence shall be provided along the front of the property, to the rear of any required setback. Such fence shall incorporate a self-locking remote-controlled vehicle and pedestrian entry/exit gate. The vehicle entry shall incorporate an electronically activated tenant marquee to permit notification of tenants in the event of visitors. Such marquee shall be five feet above finished grade.
Provisions for emergency access, such as a Knox box, shall be provided in accordance with California Fire Code requirements.
19. Rear decks and balconies shall be discouraged for multi-story development where a majority of the surrounding properties are single-story homes within 50’ of the property line.
20. To avoid box structure designs, continuous multi-story walls and wall areas greater than nine feet in height that are flush with the first story of a primary structure shall be designed with a minimum recess of one foot for every 20 feet of wall length. For the purposes of this section, “flush” shall mean any multi-story element or wall area above nine feet in height that is less than one foot in depth from the first story or area below nine feet.
21. Landscape screening shall be provided along the property line(s) adjacent to the singlestory dwelling(s) or property on the downslope. A landscape plan that includes accurate visual simulations shall be submitted to the Planning Director (or designee) for review and approval. The landscaping shall be as mature as possible at installation such that at minimum, it will provide visual screening of the area immediately across from the multistory development to ensure privacy for the adjacent single-story dwelling from visual intrusion to the windows or back yard of the adjacent residence. The height and density of the landscape buffer at installation shall be determined by the Planning Director and City Landscape Architect, with consideration given to tree survival upon transplant.
22. If it is determined during project review that visual privacy issues will exist alongside yard elevations, as determined by accurate visual simulations, the Planning Director may limit the multi-story wall or any structure wall above nine feet in height to clerestory windows or permanent opaque screening, if any windows are proposed. This determination shall be based on whether or not the proposed multi-story building would have views into a neighbor’s bedroom(s), living/family room, or back yard.
Section 13. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion
10 thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
Section 14. Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution of any violation of any City ordinance or provision of the Calimesa Municipal Code, committed prior to the effective date hereto, nor be construed as a waiver of any license or penalty or the penal provision applicable to any violation thereof.
Section 15. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law.
INTRODUCED AND APPROVED UPON FIRST READING this 2
nd day of October, 2023,
upon the following vote:
AYES: Cervantez, Hewitt and Molina
NOES: None
ABSENT: None
ABSTAIN: Davis and Manly
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 16th day of October, 2023, upon the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
WILLIAM DAVIS, MAYOR
ATTEST:
_________________________________
DARLENE GERDES, CITY CLERK
APPROVED AS TO FORM:
__________________________________
QUINN BARROW, CITY ATTORNEY
1 ORDINANCE NO. 392
AN ORDINANCE OF THE CITY OF CALIMESA, CALIFORNIA, APPROVING SEGMENT NO. 1 OF ZONE CHANGE 21-01 IN CONNECTION WITH THE
ADOPTION OF THE RESIDENTIAL INFILL PRIORITY AREA OVERLAY ZONE (“RIPAOZ”) AND THE AMENDMENT OF VARIOUS SECTIONS OF THE ZONING CODE (TITLE 18 OF THE CALIMESA MUNICIPAL CODE)
WHEREAS, in 2017, Governor Brown signed a 15-bill housing package aimed at addressing the state’s housing shortage and high housing costs. The package included the Building Homes and Jobs Act (SB 2), which established a funding source to increase the supply of affordable homes in California by collecting a $75 recording fee on real estate documents. These funds were made available to all local governments in California to help prepare, adopt, and implement plans that streamline housing approvals and accelerate housing production; and,
WHEREAS, the City was awarded a $160,000 grant by the State of California Department of Housing and Community Development (“HCD”) SB 2 program to prepare a “Residential Infill Priority Area Overlay Zone”, also referred to as the “RIPAOZ,” to up-zone certain residential properties identified by the City to allow higher density development including duplexes, townhomes, condos, and a limited amount of apartments by-right; and,
WHEREAS, the City was awarded a $65,000 supplementary grant by HCD Local Early Action Grants program, also referred to as the “LEAP” program, to assist in the preparation and adoption of planning documents and process improvements that accelerate housing production and facilitate compliance to implement the sixth cycle of the regional housing need assessment; and, WHEREAS, the City prepared the RIPAOZ to encourage infill development and allow for higher density residential development than the underlying zoning designation as established by Calimesa Municipal Code (CMC) Chapter 18.20. The RIPAOZ establishes areas where infill residential development is encouraged which maintains the character of existing neighborhood buildings and structures; to permit a flexible approach to providing affordable housing; to increase property values in residential neighborhoods; and to foster well-planned, compact developments keeping with the character of the existing neighborhood by a) Providing opportunities for the development of affordable housing, b) Promoting efficiency in the utilization of existing infrastructure and services, c) Facilitating integrated physical design, d) Promoting a high level of design quality, e) Facilitating development proposals responsive to current and future market conditions, and f) Providing safe vehicular circulation patterns for residents and safety/service providers; and,
WHEREAS, ZC 21-01 is a component of the Residential Infill Priority Area Overlay Zone Project (the “RPIAOZ Project” or “Project”), and is considered a “project” pursuant to the terms of the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. and the State CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et seq. (collectively “CEQA”); and, WHEREAS, an Environmental Impact Report (SCH#2022030754) and Mitigation Monitoring and Reporting Program were prepared for the Project by the City of Calimesa (“City”), in accordance with CEQA to evaluate the development of the properties included in the RIPAOZ (Environmental Assessment 22-05); and,
2 WHEREAS, on August 18, 2023, the City gave public notice as required under Chapter 18.15.080 (Hearings and Appeals) of the City of Calimesa Municipal Code by advertising in the Yucaipa Calimesa News Mirror newspaper of the holding of a public hearing at a special meeting of the Planning Commission at which Environmental Assessment 22-05, General Plan Amendment 22-01, and Zone Change 21-01 were considered for a recommended action for the City Council; and, WHEREAS, on August 28, 2023, during a duly noticed public hearing at a special meeting, the Planning Commission adopted Resolution 2023-09 recommending to the City Council the approval of Environmental Assessment 22-05, General Plan Amendment 22-01, and Zone Change 21-01, approving the RIPAOZ, and,
WHEREAS, on September 13, 2023, the Fair Political Practices Commission (the “FPPC”) advised the City Attorney that it would be appropriate for the City Council to divide the City Council’s consideration of the RIPAOZ into segments pursuant to 2 Cal. Code of Regs. Section 18706; and, WHEREAS, accordingly, General Plan Amendment 22-01, and Zone Change 21-01 have been segmented into three distinct components pursuant to 2 Cal. Code of Regs. Section 18706. This Segment No. 1 of Zone Change 21-01 contains the property that is identified as Assessor Parcel Map No. 413-320- 003 and which is proposed to be added into newly created RIPAOZ Area 21. Mayor Davis will recuse himself from participation in this segment of the RIPAOZ involving designating property that was located within 1,000 feet from the Mayor’s property into the RIPAOZ; and, WHEREAS, on September 18, 2023, the City Council continued the duly noticed hearing for EA 22-05, GPA 22-01, and ZC 21-01 to the October 2, 2023 meeting of the City Council; and, WHEREAS, on October 2, 2023, the City Council held the continued public hearing for EA 22- 05, GPA 22-01, and ZC 21-01 at which time interested persons had an opportunity to testify in support of, or opposition to, the proposed ordinance, and at which time the City Council considered EA 22-05, GPA 22-01, and ZC 21-01; and,
WHEREAS, City Council of the City of Calimesa desires to approve Segment No. 1 of Zone Change 21-01, also known as ZC 21-01, adopting the RIPAOZ and amending various sections of the Zoning Code (Title 18 of the Calimesa Municipal Code).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA DOES ORDAIN AS FOLLOWS:
Section 1. The above recitals are all true and correct and constitute a material portion of this Ordinance.
Section 2. The City Council has reviewed and considered the information included in the General Plan, as amended by Resolution No. 2023-62, Zoning Code, and Staff Report for the Public Hearing and public testimony prior to taking action on the proposed ordinance, approving the Zone Change and related EIR, and adopting the MMRP.
Section 3. The proposed Project, Zone Change 21-01, also known as ZC 21-01, amending various sections of the Zoning Code (Title 18 of the Calimesa Municipal Code, has been environmentally
3 reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.). A Final Environmental Impact Report was prepared and the City Council, by separate Resolution No. 2023-61, certified the Final Environmental Impact Report, made appropriate environmental findings, and adopted a Mitigation Monitoring and Reporting Program for the Project.
Resolution No. 2023-61 is incorporated by reference, and made a part hereof as if fully set forth herein.
The documents and other material that constitute the record on which this decision is based are located in the Planning Department of the City of Calimesa, at 908 Park Avenue, Calimesa, California 92320 and are in the custody of the Planning Director.
Section 4. The City Council finds that the Zone Change is consistent with the goals and policies of the General Plan and State housing goals, and would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
Section 5. Segment No. 1 of the RIPAOZ, as defined in the recitals of the Ordinance, and which contains property known as Assessor Parcel No. 413-320-003 is hereby approved, inclusive of the provisions contained in Sections 6 through 12 of this Ordinance. The property within Segment No. 1 is hereby designated as being within Area 2 1 of the RIPAOZ. The location and boundaries of the property within Segment No. 1 of the RIPAOZ shall be as shown on the official zoning map of the City of Calimesa, California. This information is on file and available at the Community Development Department at Calimesa City Hall.
Section 6. Section 18.05.080 (Zone districts establish) of Chapter 18.05 (General Provisions) of Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby amended to add “Residential Infill Priority Area Overlay Zone” as follows, with all other provisions in Section 18.05.080 to remain the same:
18.05.080 Zone districts established.
Symbol Zone Name Chapter
RIPAOZ Residential Infill Priority Area Overlay Zone 18.20 Section 7. Section 18.20.020 (Residential zone districts) in Chapter 18.20 (Residential Zone Districts) of the Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby amended to add a new Subsection H as follows, with all other subsections to remain the same:
H. Residential Infill Priority Area Overlay (RIPAOZ) Zone. The purposed of this chapter is to establish the Residential Infill Priority Area Overlay Zone (RIPAOZ) to encourage residential infill development at a higher density than the underlying zoning designation established by Calimesa Municipal Code (CMC) Chapter 18.20. The RIPAOZ identifies areas where residential infill development is encouraged; permits a flexible approach to providing affordable housing; aims to increase the variety of housing options in existing residential neighborhoods; fosters well-planned, compact developments keeping with the character of the existing neighborhood, promotes efficiency in the utilization of existing infrastructure and services, facilitates integrated physical design, promotes a high level of design quality,
4 facilitates development proposals responsive to current and future market conditions, and provides safe vehicular circulation patterns for residents and safety/service providers.
Section 8. Table 18.20.030 (Uses Permitted Within Residential Districts) of Chapter 18.20 (Residential Zone Districts) of the Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby amended to add two columns as follows, with all other sections, subsections, and notes of Table 18.20.030 to remain the same:
Table 18.20.030 – Uses Permitted Within Residential Districts Use RIPAOZ
Area 1
RIPAOZ
Area 2
A. Residential Uses
Accessory dwelling unit P P
Bed and breakfast inn C C
Boarding house X X
Community care facility
• Six or fewer persons P P
• Seven or more persons C C
Convalescent care facility C C
Day Care Facility
• Six or fewer children P P
• Seven or more children P P
Guest house P P
Junior accessory dwelling unit P P
Manufactured housing P P
Mobile home park X X
Senior congregate care housing C C
Multifamily dwellings X P
Single-family detached P P
Single-family attached P P
B. Equestrian Uses
Riding academy X X
Rodeo arena X X
Stables. private X X
Stables, commercial X X
C. Agricultural Uses X X
D. Commercial Uses
Hair stylist P P
Feed and grain sales X X
Fruit and vegetable processing X X
Nursery and incidental garden supply X X
Produce market X X
Display and sale of agricultural products X X
E. Public/Quasi-Public Uses
5 Use RIPAOZ
Area 1
RIPAOZ
Area 2
Cemeteries, columbariums, mausoleums (including pet cemeteries) X X Churches and other religious institutions C C
Educational institutions (public and private schools, not including vocational schools):
a. Small (25 or fewer students) on sites with existing assembly uses and adequate off-street parking
b. Large (26 or more students)
P
C
P
C
Fire and police stations C C
Meeting places of nonprofit civic groups, community organizations, clubs, and lodge halls
C
C
Public libraries and museums C C
Public utility and public service substations, reservoirs, pumping plants, and similar installations, not including public utility offices C C F. Recreational Uses
Archery ranges X X
Fishing lakes (commercial and noncommercial) X X
Golf courses and customary appurtenant facilities, including clubhouses, restaurants and retail shops, except driving ranges and miniature golf courses
X X
Parks P P
Picnic grounds for day use only X X
G. Accessory Uses
Antennas, satellite dishes P P
Garages P P
Other accessory uses and structures located on the same site as a permitted use P P
Permanent outdoor storage within parking lot areas X X
H. Home Occupations
Subject to the provisions
of CMC 18.15.090, Home
occupation permits
I. Temporary Uses
Subject to the provisions
of CMC 18.151.130.
Temporary use Permits
J. Other
Apiary X X
Camp X X
Commercial cannabis activity X X
Community garden P P
Farm projects (Future Farmers, 4-H, or similar projects) X X Guest ranch X X
Kennels X X
Menageries, animal hospitals, and shelters X X
Outdoor storage, front yard areas X X
6 Use RIPAOZ
Area 1
RIPAOZ
Area 2
K. Other Uses Similar to and No More Objectionable Than the Uses Identified Above
Subject to the provisions
of CMC 18.15.180
Determination of similar
use
Legend:
P – Permitted use
C – Subject to conditional use permit
X – Prohibited
Section 9. Table 18.20.040 (Residential Development Standards) in Section 18.20.040 (Residential Development Standards) of Chapter 18.20 (Residential Zone Districts) of Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby amended add two columns as follows, with all other sections, subsections, and notes to remain the same:
Table 18.20.040 – Residential Development Standards
Standard RIPAOZ Area 1 RIPAOZ Area 2
Maximum density (DUs per gross acre) 15 35
Minimum lot size (net area) 1,591 s.f. N/A
Minimum lot width137’ 60’
Minimum lot depth 43’ 100’
Minimum front yard setback 10’ 10’
Minimum side yard setbacks23
Note 2 below
Minimum rear yard setback35
Note 3 below
Maximum lot coverage 75% 75%
Maximum height for buildings and structures 36’ 32’ or three two stories,
whichever is less
50’ 40’ or four
three stories,
whichever is
less
Notes:
1. Flag lots (lots with less than the required lot width minimum) are prohibited. Cul-de-sac lots shall have a minimum width of 35 feet.
2. Side Yard Setbacks (RIPOAZ 2) One-story building; five feet. Two-story building: five feet for the first story and 10 feet for the second story. For buildings having more than two stories: five feet for the first story; 10 feet for the second story; and an additional five feet for each story thereafter]
3. Rear yard Setbacks (RIPAOZ 2) One- and two-story buildings; 10 feet. For buildings having more than two stories: 10 feet for the first and second stories; and an additional five feet for each story thereafter
Section 10. Table 18.45.060 (Number of Required Parking Spaces) of Chapter 18.45 (OffStreet Parking) of Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal
7 Code, is hereby amended to add one new row as follows, with all other sections, subsections, and notes of Section 18.45.060 to remain the same:
Uses Number of Required Spaces
Residential Uses
All residential uses proposed within the Residential Infill Priority Area Overlay Zone (“RIPAOZ”)
Subject to Planning Director and City
Engineer approval of a site-specific
focused Traffic & Parking Study
prepared in accordance with the latest
edition of the Institute of Transportation
Engineers (ITE) Trip Generation Manual.
Section 11. A new Subsection 11 of subdivision B (“Applicability”) of Section 18.90.030 (Minor Development Plan Review) of Chapter 18.90 (Development Plan Review) of Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby added with all other subsections of Section 18.90.030 to remain the same:
11. All single family attached, single family detached, multi-family dwellings, and accessory dwelling units (if permitted by State law) proposed within the Residential Infill Priority Area Overlay Zone (“RIPAOZ”).
Section 12. A new Subsection P (“RIPAOZ Design, Screening, and Privacy Standards”) of Section 18.20.050 (Specific development standards for residential districts) of Chapter 18.20 (Residential Zone Districts) of Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby added with all other subsections of Section 18.20.050 to remain the same:
P. RIPAOZ Design, Screening, and Privacy Standards. Multifamily housing within the RIPAOZ shall be constructed in the following manner:
1. All multifamily developments within the RIPAOZ with 12 or more dwelling units shall provide 20 percent usable open space for passive and active recreational uses. Usable open space areas shall not include rights-of-way, vehicle parking areas, areas adjacent to or between any structures less than 15 feet apart, setbacks, patios or private yards, or slope areas greater than eight percent.
2. All multifamily developments within the RIPAOZ shall be required to install a 7’ perimeter block wall to limit visual intrusion on surrounding development to the greatest extent possible.
3. Each dwelling unit within the RIPAOZ shall have a private (walled) patio or balcony.
4. All multifamily developments within the RIPAOZ shall provide recreational amenities within the site which may include a swimming pool; spa; gym; on site multi-use trails/walking paths (separate from private sidewalks); package centers; smart home technology; clubhouse; tot lot with play equipment; picnic shelter/barbecue area; court game facilities such as tennis, basketball, or racquetball; improved softball or baseball fields; or day care facilities. The type of amenities shall be approved by the planning director and provided according to the following schedule:
8 Schedule Table
Units Amenities
0 – 11 0
12 – 100 1
101 – 200 2
201 – 300 3
Note: Add one amenity for each 100 additional units or fraction thereof.
5. Each dwelling unit shall be provided with a minimum of 100 cubic feet of enclosed storage space, such as roof rack storage, within the garage, carport, or immediately adjacent to the dwelling unit. Garages shall not be used as a gym.
6. Driveway approaches within a multifamily development of 12 or more units within the RIPAOZ shall be delineated with interlocking pavers and/or rough-textured concrete and landscaped medians.
7. All parts of all structures shall be within 100 feet of paved access for single-story and 50 feet for multistory units.
8. A bus turnout and shelter on the on-site arterial frontage shall be dedicated if the project is located on a bus route as determined by the planning director.
9. Common laundry facilities of sufficient number and accessibility consistent with the number of living units and the Uniform Building Code shall be provided.
10. Each condominium unit shall be plumbed and wired for a washing machine and dryer.
11. Each dwelling unit shall be provided with an automatic dishwasher and a heavy-duty garbage disposal unit.
12. Telephone jacks shall be installed in all living rooms, kitchens, and bedrooms.
13. Interior television antennas (cable television) shall be installed in each apartment unit, or a central interior antenna shall be installed in each apartment building. No exterior antenna or satellite dish antenna shall be permitted.
14. All utilities, including but not limited to electrical, cable television, and telephone lines, on the site shall be underground.
15. Each multiple-dwelling building or complex shall provide one hose bib for each three required parking spaces, and these hose bibs shall be located adjacent to parking areas.
16. Lighting. Refer to Chapter 18.120 CMC, Outdoor Lighting.
9 17. Management and security plans shall be submitted for review and approval by the Planning Director (or designee) for multifamily developments within the RIPAOZ with 12 or more dwelling units. These plans shall be comprehensive in scope.
18. Electronic Gates. Multifamily buildings or complexes with 40 or more dwellings within the RIPAOZ shall provide electronic gates as follows:
a. A minimum six-foot-high, decorative wrought iron fence shall be provided along the front of the property, to the rear of any required setback. Such fence shall incorporate a self-locking remote-controlled vehicle and pedestrian entry/exit gate. The vehicle entry shall incorporate an electronically activated tenant marquee to permit notification of tenants in the event of visitors. Such marquee shall be five feet above finished grade.
Provisions for emergency access, such as a Knox box, shall be provided in accordance with California Fire Code requirements.
19. Rear decks and balconies shall be discouraged for multi-story development where a majority of the surrounding properties are single-story homes within 50’ of the property line.
20. To avoid box structure designs, continuous multi-story walls and wall areas greater than nine feet in height that are flush with the first story of a primary structure shall be designed with a minimum recess of one foot for every 20 feet of wall length. For the purposes of this section, “flush” shall mean any multi-story element or wall area above nine feet in height that is less than one foot in depth from the first story or area below nine feet.
21. Landscape screening shall be provided along the property line(s) adjacent to the singlestory dwelling(s) or property on the downslope. A landscape plan that includes accurate visual simulations shall be submitted to the Planning Director (or designee) for review and approval. The landscaping shall be as mature as possible at installation such that at minimum, it will provide visual screening of the area immediately across from the multistory development to ensure privacy for the adjacent single-story dwelling from visual intrusion to the windows or back yard of the adjacent residence. The height and density of the landscape buffer at installation shall be determined by the Planning Director and City Landscape Architect, with consideration given to tree survival upon transplant.
22. If it is determined during project review that visual privacy issues will exist alongside yard elevations, as determined by accurate visual simulations, the Planning Director may limit the multi-story wall or any structure wall above nine feet in height to clerestory windows or permanent opaque screening, if any windows are proposed. This determination shall be based on whether or not the proposed multi-story building would have views into a neighbor’s bedroom(s), living/family room, or back yard.
Section 13. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion
10 thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
Section 14. Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution of any violation of any City ordinance or provision of the Calimesa Municipal Code, committed prior to the effective date hereto, nor be construed as a waiver of any license or penalty or the penal provision applicable to any violation thereof.
Section 15. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law.
INTRODUCED AND APPROVED UPON FIRST READING this 2
nd day of October, 2023,
upon the following vote:
AYES: Cervantez, Hewitt and Molina
NOES: None
ABSENT: None
ABSTAIN: Davis and Manly
PASSED, APPROVED AND ADOPTED UPON SECOND READING this ____ 16th day of _____________, October, 2023, upon the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
WILLIAM DAVIS, MAYOR
ATTEST:
_________________________________
DARLENE GERDES, CITY CLERK
APPROVED AS TO FORM:
__________________________________
QUINN BARROW, CITY ATTORNEY
1 ORDINANCE NO. 393
AN ORDINANCE OF THE CITY OF CALIMESA, CALIFORNIA, APPROVING SEGMENT NO. 2 OF ZONE CHANGE 21-01 IN CONNECTION WITH THE
ADOPTION OF THE RESIDENTIAL INFILL PRIORITY AREA OVERLAY ZONE (“RIPAOZ”) AND THE AMENDMENT OF VARIOUS SECTIONS OF THE ZONING CODE (TITLE 18 OF THE CALIMESA MUNICIPAL CODE)
WHEREAS, in 2017, Governor Brown signed a 15-bill housing package aimed at addressing the state’s housing shortage and high housing costs. The package included the Building Homes and Jobs Act (SB 2), which established a funding source to increase the supply of affordable homes in California by collecting a $75 recording fee on real estate documents. These funds were made available to all local governments in California to help prepare, adopt, and implement plans that streamline housing approvals and accelerate housing production; and,
WHEREAS, the City was awarded a $160,000 grant by the State of California Department of Housing and Community Development (“HCD”) SB 2 program to prepare a “Residential Infill Priority Area Overlay Zone”, also referred to as the “RIPAOZ,” to up-zone certain residential properties identified by the City to allow higher density development including duplexes, townhomes, condos, and a limited amount of apartments by-right; and,
WHEREAS, the City was awarded a $65,000 supplementary grant by HCD Local Early Action Grants program, also referred to as the “LEAP” program, to assist in the preparation and adoption of planning documents and process improvements that accelerate housing production and facilitate compliance to implement the sixth cycle of the regional housing need assessment; and, WHEREAS, the City prepared the RIPAOZ to encourage infill development and allow for higher density residential development than the underlying zoning designation as established by Calimesa Municipal Code (CMC) Chapter 18.20. The RIPAOZ establishes areas where infill residential development is encouraged which maintains the character of existing neighborhood buildings and structures; to permit a flexible approach to providing affordable housing; to increase property values in residential neighborhoods; and to foster well-planned, compact developments keeping with the character of the existing neighborhood by a) Providing opportunities for the development of affordable housing, b) Promoting efficiency in the utilization of existing infrastructure and services, c) Facilitating integrated physical design, d) Promoting a high level of design quality, e) Facilitating development proposals responsive to current and future market conditions, and f) Providing safe vehicular circulation patterns for residents and safety/service providers; and,
WHEREAS, ZC 21-01 is a component of the Residential Infill Priority Area Overlay Zone Project (the “RPIAOZ Project” or “Project”), and is considered a “project” pursuant to the terms of the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. and the State CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et seq. (collectively “CEQA”); and, WHEREAS, an Environmental Impact Report (SCH#2022030754) and Mitigation Monitoring and Reporting Program were prepared for the Project by the City of Calimesa (“City”), in accordance with CEQA to evaluate the development of the properties included in the RIPAOZ (Environmental Assessment 22-05); and,
2 WHEREAS, on August 18, 2023, the City gave public notice as required under Chapter 18.15.080 (Hearings and Appeals) of the City of Calimesa Municipal Code by advertising in the Yucaipa Calimesa News Mirror newspaper of the holding of a public hearing at a special meeting of the Planning Commission at which Environmental Assessment 22-05, General Plan Amendment 22-01, and Zone Change 21-01 were considered for a recommended action for the City Council; and, WHEREAS, on August 28, 2023, during a duly noticed public hearing at a special meeting, the Planning Commission adopted Resolution 2023-09 recommending to the City Council the approval of Environmental Assessment 22-05, General Plan Amendment 22-01, and Zone Change 21-01, approving the RIPAOZ, and,
WHEREAS, on September 13, 2023, the Fair Political Practices Commission (the “FPPC”) advised the City Attorney that it would be appropriate for the City Council to divide the City Council’s consideration of the RIPAOZ into segments pursuant to 2 Cal. Code of Regs. Section 18706; and, WHEREAS, accordingly, General Plan Amendment 22-01, and Zone Change 21-01 have been segmented into three distinct components pursuant to 2 Cal. Code of Regs. Section 18706. This Segment No. 2 of Zone Change 21-01 contains the properties identified as Assessor Parcel Map Nos. 410-080-045, 410-080-006, 410-181-013, 411-171-018, and 411-171-041, which are proposed to be added into newly created RIPAOZ Area 1. Councilmember Manly will recuse himself from participation in this segment of the RIPAOZ involving designating the properties located within 1,000 feet from his property into the RIPAOZ; and,
WHEREAS, on September 18, 2023, the City Council continued the duly noticed hearing for EA 22-05, GPA 22-01, and ZC 21-01 to the October 2, 2023 meeting of the City Council; and, WHEREAS, on October 2, 2023, the City Council held the continued public hearing for EA 22- 05, GPA 22-01, and ZC 21-01 at which time interested persons had an opportunity to testify in support of, or opposition to, the proposed ordinance, and at which time the City Council considered EA 22-05, GPA 22-01, and ZC 21-01; and,
WHEREAS, City Council of the City of Calimesa desires to approve Segment No. 2 of Zone Change 21-01, also known as ZC 21-01, adopting the RIPAOZ and amending various sections of the Zoning Code (Title 18 of the Calimesa Municipal Code).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA DOES ORDAIN AS FOLLOWS:
Section 1. The above recitals are all true and correct and constitute a material portion of this Ordinance.
Section 2. The City Council has reviewed and considered the information included in the General Plan, as amended by Resolution No. 2023-63, Zoning Code, and Staff Report for the Public Hearing and public testimony prior to taking action on the proposed ordinance, approving the Zone Change and related EIR, and adopting the MMRP.
Section 3. The proposed Project, Zone Change 21-01, also known as ZC 21-01, amending various sections of the Zoning Code (Title 18 of the Calimesa Municipal Code, has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code
3 Sections 21000, et seq. (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.). A Final Environmental Impact Report was prepared and the City Council, by separate Resolution No. 2023-61, certified the Final Environmental Impact Report, made appropriate environmental findings, and adopted a Mitigation Monitoring and Reporting Program for the Project.
Resolution No. 2023-61 is incorporated by reference, and made a part hereof as if fully set forth herein.
The documents and other material that constitute the record on which this decision is based are located in the Planning Department of the City of Calimesa, at 908 Park Avenue, Calimesa, California 92320 and are in the custody of the Planning Director.
Section 4. The City Council finds that the Zone Change is consistent with the goals and policies of the General Plan and State housing goals, and would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
Section 5. Segment No. 2 of the RIPAOZ, as defined in the recitals of the Ordinance, and which contains properties known as Assessor Parcel Nos. 410-080-045, 410-080-006, 410-181-013, 411- 171-018 and 411-171-041, is hereby approved, inclusive of the provisions contained in Sections 6 through 12 of this Ordinance. The property within Segment No. 2 is hereby designated as being within Area 1 of the RIPAOZ. The location and boundaries of the property within Segment No. 2 of the RIPAOZ shall be as shown on the official zoning map of the City of Calimesa, California. This information is on file and available at the Community Development Department at Calimesa City Hall.
Section 6. Section 18.05.080 (Zone districts establish) of Chapter 18.05 (General Provisions) of Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby amended to add “Residential Infill Priority Area Overlay Zone” as follows, with all other provisions in Section 18.05.080 to remain the same:
18.05.080 Zone districts established.
Symbol Zone Name Chapter
RIPAOZ Residential Infill Priority Area Overlay Zone 18.20 Section 7. Section 18.20.020 (Residential zone districts) in Chapter 18.20 (Residential Zone Districts) of the Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby amended to add a new Subsection H as follows, with all other subsections to remain the same:
H. Residential Infill Priority Area Overlay (RIPAOZ) Zone. The purposed of this chapter is to establish the Residential Infill Priority Area Overlay Zone (RIPAOZ) to encourage residential infill development at a higher density than the underlying zoning designation established by Calimesa Municipal Code (CMC) Chapter 18.20. The RIPAOZ identifies areas where residential infill development is encouraged; permits a flexible approach to providing affordable housing; aims to increase the variety of housing options in existing residential neighborhoods; fosters well-planned, compact developments keeping with the character of the existing neighborhood, promotes efficiency in the utilization of existing infrastructure and services, facilitates integrated physical design, promotes a high level of design quality, facilitates development proposals responsive to current and future market conditions, and provides safe vehicular circulation patterns for residents and safety/service providers.
4 Section 8. Table 18.20.030 (Uses Permitted Within Residential Districts) of Chapter 18.20 (Residential Zone Districts) of the Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby amended to add two columns as follows, with all other sections, subsections, and notes of Table 18.20.030 to remain the same:
Table 18.20.030 – Uses Permitted Within Residential Districts Use RIPAOZ
Area 1
RIPAOZ
Area 2
A. Residential Uses
Accessory dwelling unit P P
Bed and breakfast inn C C
Boarding house X X
Community care facility
• Six or fewer persons P P
• Seven or more persons C C
Convalescent care facility C C
Day Care Facility
• Six or fewer children P P
• Seven or more children P P
Guest house P P
Junior accessory dwelling unit P P
Manufactured housing P P
Mobile home park X X
Senior congregate care housing C C
Multifamily dwellings X P
Single-family detached P P
Single-family attached P P
B. Equestrian Uses
Riding academy X X
Rodeo arena X X
Stables. private X X
Stables, commercial X X
C. Agricultural Uses X X
D. Commercial Uses
Hair stylist P P
Feed and grain sales X X
Fruit and vegetable processing X X
Nursery and incidental garden supply X X
Produce market X X
Display and sale of agricultural products X X
E. Public/Quasi-Public Uses
Cemeteries, columbariums, mausoleums (including pet cemeteries) X X
5 Use RIPAOZ
Area 1
RIPAOZ
Area 2
Churches and other religious institutions C C
Educational institutions (public and private schools, not including vocational schools):
a. Small (25 or fewer students) on sites with existing assembly uses and adequate off-street parking
b. Large (26 or more students)
P
C
P
C
Fire and police stations C C
Meeting places of nonprofit civic groups, community organizations, clubs, and lodge halls
C
C
Public libraries and museums C C
Public utility and public service substations, reservoirs, pumping plants, and similar installations, not including public utility offices C C F. Recreational Uses
Archery ranges X X
Fishing lakes (commercial and noncommercial) X X
Golf courses and customary appurtenant facilities, including clubhouses, restaurants and retail shops, except driving ranges and miniature golf courses
X X
Parks P P
Picnic grounds for day use only X X
G. Accessory Uses
Antennas, satellite dishes P P
Garages P P
Other accessory uses and structures located on the same site as a permitted use P P
Permanent outdoor storage within parking lot areas X X
H. Home Occupations
Subject to the provisions
of CMC 18.15.090, Home
occupation permits
I. Temporary Uses
Subject to the provisions
of CMC 18.151.130.
Temporary use Permits
J. Other
Apiary X X
Camp X X
Commercial cannabis activity X X
Community garden P P
Farm projects (Future Farmers, 4-H, or similar projects) X X Guest ranch X X
Kennels X X
Menageries, animal hospitals, and shelters X X
Outdoor storage, front yard areas X X
K. Other Uses Similar to and No More Objectionable Than the Uses Identified Above
Subject to the provisions
of CMC 18.15.180
6 Use RIPAOZ
Area 1
RIPAOZ
Area 2
Determination of similar
use
Legend:
P – Permitted use
C – Subject to conditional use permit
X – Prohibited
Section 9. Table 18.20.040 (Residential Development Standards) in Section 18.20.040 (Residential Development Standards) of Chapter 18.20 (Residential Zone Districts) of Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby amended add two columns as follows, with all other sections, subsections, and notes to remain the same:
Table 18.20.040 – Residential Development Standards
Standard RIPAOZ Area 1 RIPAOZ Area 2
Maximum density (DUs per gross acre) 15 35
Minimum lot size (net area) 1,591 s.f. N/A
Minimum lot width137’ 60’
Minimum lot depth 43’ 100’
Minimum front yard setback 10’ 10’
Minimum side yard setbacks23
Note 2 below
Minimum rear yard setback35
Note 3 below
Maximum lot coverage 75% 75%
Maximum height for buildings and structures 32’ or two stories, whichever is less
40’ or three
stories,
whichever is
less
Notes:
1. Flag lots (lots with less than the required lot width minimum) are prohibited. Cul-de-sac lots shall have a minimum width of 35 feet.
2. Side Yard Setbacks (RIPOAZ 2) One-story building; five feet. Two-story building: five feet for the first story and 10 feet for the second story. For buildings having more than two stories: five feet for the first story; 10 feet for the second story; and an additional five feet for each story thereafter]
3. Rear yard Setbacks (RIPAOZ 2) One- and two-story buildings; 10 feet. For buildings having more than two stories: 10 feet for the first and second stories; and an additional five feet for each story thereafter
Section 10. Table 18.45.060 (Number of Required Parking Spaces) of Chapter 18.45 (OffStreet Parking) of Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby amended to add one new row as follows, with all other sections, subsections, and notes of Section 18.45.060 to remain the same:
7 Uses Number of Required Spaces
Residential Uses
All residential uses proposed within the Residential Infill Priority Area Overlay Zone (“RIPAOZ”)
Subject to Planning Director and City
Engineer approval of a site-specific
focused Traffic & Parking Study
prepared in accordance with the latest
edition of the Institute of Transportation
Engineers (ITE) Trip Generation Manual.
Section 11. A new Subsection 11 of subdivision B (“Applicability”) of Section 18.90.030 (Minor Development Plan Review) of Chapter 18.90 (Development Plan Review) of Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby added with all other subsections of Section 18.90.030 to remain the same:
11. All single family attached, single family detached, multi-family dwellings, and accessory dwelling units (if permitted by State law) proposed within the Residential Infill Priority Area Overlay Zone (“RIPAOZ”).
Section 12. A new Subsection P (“RIPAOZ Design, Screening, and Privacy Standards”) of Section 18.20.050 (Specific development standards for residential districts) of Chapter 18.20 (Residential Zone Districts) of Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby added with all other subsections of Section 18.20.050 to remain the same:
P. RIPAOZ Design, Screening, and Privacy Standards. Multifamily housing within the RIPAOZ shall be constructed in the following manner:
1. All multifamily developments within the RIPAOZ with 12 or more dwelling units shall provide 20 percent usable open space for passive and active recreational uses. Usable open space areas shall not include rights-of-way, vehicle parking areas, areas adjacent to or between any structures less than 15 feet apart, setbacks, patios or private yards, or slope areas greater than eight percent.
2. All multifamily developments within the RIPAOZ shall be required to install a 7’ perimeter block wall to limit visual intrusion on surrounding development to the greatest extent possible.
3. Each dwelling unit within the RIPAOZ shall have a private (walled) patio or balcony.
4. All multifamily developments within the RIPAOZ shall provide recreational amenities within the site which may include a swimming pool; spa; gym; on site multi-use trails/walking paths (separate from private sidewalks); package centers; smart home technology; clubhouse; tot lot with play equipment; picnic shelter/barbecue area; court game facilities such as tennis, basketball, or racquetball; improved softball or baseball fields; or day care facilities. The type of amenities shall be approved by the planning director and provided according to the following schedule:
8 Schedule Table
Units Amenities
0 – 11 0
12 – 100 1
101 – 200 2
201 – 300 3
Note: Add one amenity for each 100 additional units or fraction thereof.
5. Each dwelling unit shall be provided with a minimum of 100 cubic feet of enclosed storage space, such as roof rack storage, within the garage, carport, or immediately adjacent to the dwelling unit. Garages shall not be used as a gym.
6. Driveway approaches within a multifamily development of 12 or more units within the RIPAOZ shall be delineated with interlocking pavers and/or rough-textured concrete and landscaped medians.
7. All parts of all structures shall be within 100 feet of paved access for single-story and 50 feet for multistory units.
8. A bus turnout and shelter on the on-site arterial frontage shall be dedicated if the project is located on a bus route as determined by the planning director.
9. Common laundry facilities of sufficient number and accessibility consistent with the number of living units and the Uniform Building Code shall be provided.
10. Each condominium unit shall be plumbed and wired for a washing machine and dryer.
11. Each dwelling unit shall be provided with an automatic dishwasher and a heavy-duty garbage disposal unit.
12. Telephone jacks shall be installed in all living rooms, kitchens, and bedrooms.
13. Interior television antennas (cable television) shall be installed in each apartment unit, or a central interior antenna shall be installed in each apartment building. No exterior antenna or satellite dish antenna shall be permitted.
14. All utilities, including but not limited to electrical, cable television, and telephone lines, on the site shall be underground.
15. Each multiple-dwelling building or complex shall provide one hose bib for each three required parking spaces, and these hose bibs shall be located adjacent to parking areas.
16. Lighting. Refer to Chapter 18.120 CMC, Outdoor Lighting.
9 17. Management and security plans shall be submitted for review and approval by the Planning Director (or designee) for multifamily developments within the RIPAOZ with 12 or more dwelling units. These plans shall be comprehensive in scope.
18. Electronic Gates. Multifamily buildings or complexes with 40 or more dwellings within the RIPAOZ shall provide electronic gates as follows:
a. A minimum six-foot-high, decorative wrought iron fence shall be provided along the front of the property, to the rear of any required setback. Such fence shall incorporate a self-locking remote-controlled vehicle and pedestrian entry/exit gate. The vehicle entry shall incorporate an electronically activated tenant marquee to permit notification of tenants in the event of visitors. Such marquee shall be five feet above finished grade.
Provisions for emergency access, such as a Knox box, shall be provided in accordance with California Fire Code requirements.
19. Rear decks and balconies shall be discouraged for multi-story development where a majority of the surrounding properties are single-story homes within 50’ of the property line.
20. To avoid box structure designs, continuous multi-story walls and wall areas greater than nine feet in height that are flush with the first story of a primary structure shall be designed with a minimum recess of one foot for every 20 feet of wall length. For the purposes of this section, “flush” shall mean any multi-story element or wall area above nine feet in height that is less than one foot in depth from the first story or area below nine feet.
21. Landscape screening shall be provided along the property line(s) adjacent to the singlestory dwelling(s) or property on the downslope. A landscape plan that includes accurate visual simulations shall be submitted to the Planning Director (or designee) for review and approval. The landscaping shall be as mature as possible at installation such that at minimum, it will provide visual screening of the area immediately across from the multistory development to ensure privacy for the adjacent single-story dwelling from visual intrusion to the windows or back yard of the adjacent residence. The height and density of the landscape buffer at installation shall be determined by the Planning Director and City Landscape Architect, with consideration given to tree survival upon transplant.
22. If it is determined during project review that visual privacy issues will exist alongside yard elevations, as determined by accurate visual simulations, the Planning Director may limit the multi-story wall or any structure wall above nine feet in height to clerestory windows or permanent opaque screening, if any windows are proposed. This determination shall be based on whether or not the proposed multi-story building would have views into a neighbor’s bedroom(s), living/family room, or back yard.
Section 13. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion
10 thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
Section 14. Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution of any violation of any City ordinance or provision of the Calimesa Municipal Code, committed prior to the effective date hereto, nor be construed as a waiver of any license or penalty or the penal provision applicable to any violation thereof.
Section 15. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law.
INTRODUCED AND APPROVED UPON FIRST READING this 2
nd day of October, 2023,
upon the following vote:
AYES: Cervantez, Davis, Hewitt, and Molina
NOES: None
ABSENT: None
ABSTAIN: Manly
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 16th day of October, 2023, upon the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
WILLIAM DAVIS, MAYOR
ATTEST:
_________________________________
DARLENE GERDES, CITY CLERK
APPROVED AS TO FORM:
__________________________________
QUINN BARROW, CITY ATTORNEY
1 ORDINANCE NO. 393
AN ORDINANCE OF THE CITY OF CALIMESA, CALIFORNIA, APPROVING SEGMENT NO. 2 OF ZONE CHANGE 21-01 IN CONNECTION WITH THE
ADOPTION OF THE RESIDENTIAL INFILL PRIORITY AREA OVERLAY ZONE (“RIPAOZ”) AND THE AMENDMENT OF VARIOUS SECTIONS OF THE ZONING CODE (TITLE 18 OF THE CALIMESA MUNICIPAL CODE)
WHEREAS, in 2017, Governor Brown signed a 15-bill housing package aimed at addressing the state’s housing shortage and high housing costs. The package included the Building Homes and Jobs Act (SB 2), which established a funding source to increase the supply of affordable homes in California by collecting a $75 recording fee on real estate documents. These funds were made available to all local governments in California to help prepare, adopt, and implement plans that streamline housing approvals and accelerate housing production; and,
WHEREAS, the City was awarded a $160,000 grant by the State of California Department of Housing and Community Development (“HCD”) SB 2 program to prepare a “Residential Infill Priority Area Overlay Zone”, also referred to as the “RIPAOZ,” to up-zone certain residential properties identified by the City to allow higher density development including duplexes, townhomes, condos, and a limited amount of apartments by-right; and,
WHEREAS, the City was awarded a $65,000 supplementary grant by HCD Local Early Action Grants program, also referred to as the “LEAP” program, to assist in the preparation and adoption of planning documents and process improvements that accelerate housing production and facilitate compliance to implement the sixth cycle of the regional housing need assessment; and, WHEREAS, the City prepared the RIPAOZ to encourage infill development and allow for higher density residential development than the underlying zoning designation as established by Calimesa Municipal Code (CMC) Chapter 18.20. The RIPAOZ establishes areas where infill residential development is encouraged which maintains the character of existing neighborhood buildings and structures; to permit a flexible approach to providing affordable housing; to increase property values in residential neighborhoods; and to foster well-planned, compact developments keeping with the character of the existing neighborhood by a) Providing opportunities for the development of affordable housing, b) Promoting efficiency in the utilization of existing infrastructure and services, c) Facilitating integrated physical design, d) Promoting a high level of design quality, e) Facilitating development proposals responsive to current and future market conditions, and f) Providing safe vehicular circulation patterns for residents and safety/service providers; and,
WHEREAS, ZC 21-01 is a component of the Residential Infill Priority Area Overlay Zone Project (the “RPIAOZ Project” or “Project”), and is considered a “project” pursuant to the terms of the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. and the State CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et seq. (collectively “CEQA”); and, WHEREAS, an Environmental Impact Report (SCH#2022030754) and Mitigation Monitoring and Reporting Program were prepared for the Project by the City of Calimesa (“City”), in accordance with CEQA to evaluate the development of the properties included in the RIPAOZ (Environmental Assessment 22-05); and,
2 WHEREAS, on August 18, 2023, the City gave public notice as required under Chapter 18.15.080 (Hearings and Appeals) of the City of Calimesa Municipal Code by advertising in the Yucaipa Calimesa News Mirror newspaper of the holding of a public hearing at a special meeting of the Planning Commission at which Environmental Assessment 22-05, General Plan Amendment 22-01, and Zone Change 21-01 were considered for a recommended action for the City Council; and, WHEREAS, on August 28, 2023, during a duly noticed public hearing at a special meeting, the Planning Commission adopted Resolution 2023-09 recommending to the City Council the approval of Environmental Assessment 22-05, General Plan Amendment 22-01, and Zone Change 21-01, approving the RIPAOZ, and,
WHEREAS, on September 13, 2023, the Fair Political Practices Commission (the “FPPC”) advised the City Attorney that it would be appropriate for the City Council to divide the City Council’s consideration of the RIPAOZ into segments pursuant to 2 Cal. Code of Regs. Section 18706; and, WHEREAS, accordingly, General Plan Amendment 22-01, and Zone Change 21-01 have been segmented into three distinct components pursuant to 2 Cal. Code of Regs. Section 18706. This Segment No. 2 of Zone Change 21-01 contains the properties identified as Assessor Parcel Map Nos. 410-080-045, 410-080-006, 410-181-013, which are proposed to be added into newly created RIPAOZ Area 1 and Assessor Parcel Map Nos. 411-171-018, and 411-171-041, which are proposed to be added into newly created RIPAOZ Area 21. Councilmember Manly will recuse himself from participation in this segment of the RIPAOZ involving designating the properties located within 1,000 feet from his property into the RIPAOZ; and,
WHEREAS, on September 18, 2023, the City Council continued the duly noticed hearing for EA 22-05, GPA 22-01, and ZC 21-01 to the October 2, 2023 meeting of the City Council; and, WHEREAS, on October 2, 2023, the City Council held the continued public hearing for EA 22- 05, GPA 22-01, and ZC 21-01 at which time interested persons had an opportunity to testify in support of, or opposition to, the proposed ordinance, and at which time the City Council considered EA 22-05, GPA 22-01, and ZC 21-01; and,
WHEREAS, City Council of the City of Calimesa desires to approve Segment No. 2 of Zone Change 21-01, also known as ZC 21-01, adopting the RIPAOZ and amending various sections of the Zoning Code (Title 18 of the Calimesa Municipal Code).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA DOES ORDAIN AS FOLLOWS:
Section 1. The above recitals are all true and correct and constitute a material portion of this Ordinance.
Section 2. The City Council has reviewed and considered the information included in the General Plan, as amended by Resolution No. 2023-63, Zoning Code, and Staff Report for the Public Hearing and public testimony prior to taking action on the proposed ordinance, approving the Zone Change and related EIR, and adopting the MMRP.
Section 3. The proposed Project, Zone Change 21-01, also known as ZC 21-01, amending various sections of the Zoning Code (Title 18 of the Calimesa Municipal Code, has been environmentally
3 reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.). A Final Environmental Impact Report was prepared and the City Council, by separate Resolution No. 2023-61, certified the Final Environmental Impact Report, made appropriate environmental findings, and adopted a Mitigation Monitoring and Reporting Program for the Project.
Resolution No. 2023-61 is incorporated by reference, and made a part hereof as if fully set forth herein.
The documents and other material that constitute the record on which this decision is based are located in the Planning Department of the City of Calimesa, at 908 Park Avenue, Calimesa, California 92320 and are in the custody of the Planning Director.
Section 4. The City Council finds that the Zone Change is consistent with the goals and policies of the General Plan and State housing goals, and would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
Section 5. Segment No. 2 of the RIPAOZ, as defined in the recitals of the Ordinance, and which contains properties known as Assessor Parcel Nos. contains the properties identified as Assessor Parcel Map Nos. 410-080-045, 410-080-006, 410-181-013 (Area 1) , and 411-171-018 and 411-171-041, (Area 2), which are proposed to be added into newly created RIPAOZ Areas 1 and 2., is hereby approved, inclusive of the provisions contained in Sections 6 through 12 of this Ordinance. The property within Segment No. 2 is hereby designated as being within Areas 1 and 2 of the RIPAOZ. The location and boundaries of the property within Segment No. 2 of the RIPAOZ shall be as shown on the official zoning map of the City of Calimesa, California. This information is on file and available at the Community Development Department at Calimesa City Hall.
Section 6. Section 18.05.080 (Zone districts establish) of Chapter 18.05 (General Provisions) of Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby amended to add “Residential Infill Priority Area Overlay Zone” as follows, with all other provisions in Section 18.05.080 to remain the same:
18.05.080 Zone districts established.
Symbol Zone Name Chapter
RIPAOZ Residential Infill Priority Area Overlay Zone 18.20 Section 7. Section 18.20.020 (Residential zone districts) in Chapter 18.20 (Residential Zone Districts) of the Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby amended to add a new Subsection H as follows, with all other subsections to remain the same:
H. Residential Infill Priority Area Overlay (RIPAOZ) Zone. The purposed of this chapter is to establish the Residential Infill Priority Area Overlay Zone (RIPAOZ) to encourage residential infill development at a higher density than the underlying zoning designation established by Calimesa Municipal Code (CMC) Chapter 18.20. The RIPAOZ identifies areas where residential infill development is encouraged; permits a flexible approach to providing affordable housing; aims to increase the variety of housing options in existing residential neighborhoods; fosters well-planned, compact developments keeping with the character of the existing neighborhood, promotes efficiency in the utilization of existing infrastructure and
4 services, facilitates integrated physical design, promotes a high level of design quality, facilitates development proposals responsive to current and future market conditions, and provides safe vehicular circulation patterns for residents and safety/service providers.
Section 8. Table 18.20.030 (Uses Permitted Within Residential Districts) of Chapter 18.20 (Residential Zone Districts) of the Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby amended to add two columns as follows, with all other sections, subsections, and notes of Table 18.20.030 to remain the same:
Table 18.20.030 – Uses Permitted Within Residential Districts Use RIPAOZ
Area 1
RIPAOZ
Area 2
A. Residential Uses
Accessory dwelling unit P P
Bed and breakfast inn C C
Boarding house X X
Community care facility
• Six or fewer persons P P
• Seven or more persons C C
Convalescent care facility C C
Day Care Facility
• Six or fewer children P P
• Seven or more children P P
Guest house P P
Junior accessory dwelling unit P P
Manufactured housing P P
Mobile home park X X
Senior congregate care housing C C
Multifamily dwellings X P
Single-family detached P P
Single-family attached P P
B. Equestrian Uses
Riding academy X X
Rodeo arena X X
Stables. private X X
Stables, commercial X X
C. Agricultural Uses X X
D. Commercial Uses
Hair stylist P P
Feed and grain sales X X
Fruit and vegetable processing X X
Nursery and incidental garden supply X X
Produce market X X
Display and sale of agricultural products X X
5 Use RIPAOZ
Area 1
RIPAOZ
Area 2
E. Public/Quasi-Public Uses
Cemeteries, columbariums, mausoleums (including pet cemeteries) X X Churches and other religious institutions C C
Educational institutions (public and private schools, not including vocational schools):
a. Small (25 or fewer students) on sites with existing assembly uses and adequate off-street parking
b. Large (26 or more students)
P
C
P
C
Fire and police stations C C
Meeting places of nonprofit civic groups, community organizations, clubs, and lodge halls
C
C
Public libraries and museums C C
Public utility and public service substations, reservoirs, pumping plants, and similar installations, not including public utility offices C C F. Recreational Uses
Archery ranges X X
Fishing lakes (commercial and noncommercial) X X
Golf courses and customary appurtenant facilities, including clubhouses, restaurants and retail shops, except driving ranges and miniature golf courses
X X
Parks P P
Picnic grounds for day use only X X
G. Accessory Uses
Antennas, satellite dishes P P
Garages P P
Other accessory uses and structures located on the same site as a permitted use P P
Permanent outdoor storage within parking lot areas X X
H. Home Occupations
Subject to the provisions
of CMC 18.15.090, Home
occupation permits
I. Temporary Uses
Subject to the provisions
of CMC 18.151.130.
Temporary use Permits
J. Other
Apiary X X
Camp X X
Commercial cannabis activity X X
Community garden P P
Farm projects (Future Farmers, 4-H, or similar projects) X X Guest ranch X X
Kennels X X
Menageries, animal hospitals, and shelters X X
Outdoor storage, front yard areas X X
6 Use RIPAOZ
Area 1
RIPAOZ
Area 2
K. Other Uses Similar to and No More Objectionable Than the Uses Identified Above
Subject to the provisions
of CMC 18.15.180
Determination of similar
use
Legend:
P – Permitted use
C – Subject to conditional use permit
X – Prohibited
Section 9. Table 18.20.040 (Residential Development Standards) in Section 18.20.040 (Residential Development Standards) of Chapter 18.20 (Residential Zone Districts) of Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby amended add two columns as follows, with all other sections, subsections, and notes to remain the same:
Table 18.20.040 – Residential Development Standards
Standard RIPAOZ Area 1 RIPAOZ Area 2
Maximum density (DUs per gross acre) 15 35
Minimum lot size (net area) 1,591 s.f. N/A
Minimum lot width137’ 60’
Minimum lot depth 43’ 100’
Minimum front yard setback 10’ 10’
Minimum side yard setbacks23
Note 2 below
Minimum rear yard setback35
Note 3 below
Maximum lot coverage 75% 75%
Maximum height for buildings and structures 36’ 32’ or three two stories,
whichever is less
50’ 40’ or four
three stories,
whichever is
less
Notes:
1. Flag lots (lots with less than the required lot width minimum) are prohibited. Cul-de-sac lots shall have a minimum width of 35 feet.
2. Side Yard Setbacks (RIPOAZ 2) One-story building; five feet. Two-story building: five feet for the first story and 10 feet for the second story. For buildings having more than two stories: five feet for the first story; 10 feet for the second story; and an additional five feet for each story thereafter]
3. Rear yard Setbacks (RIPAOZ 2) One- and two-story buildings; 10 feet. For buildings having more than two stories: 10 feet for the first and second stories; and an additional five feet for each story thereafter
Section 10. Table 18.45.060 (Number of Required Parking Spaces) of Chapter 18.45 (OffStreet Parking) of Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal
7 Code, is hereby amended to add one new row as follows, with all other sections, subsections, and notes of Section 18.45.060 to remain the same:
Uses Number of Required Spaces
Residential Uses
All residential uses proposed within the Residential Infill Priority Area Overlay Zone (“RIPAOZ”)
Subject to Planning Director and City
Engineer approval of a site-specific
focused Traffic & Parking Study
prepared in accordance with the latest
edition of the Institute of Transportation
Engineers (ITE) Trip Generation Manual.
Section 11. A new Subsection 11 of subdivision B (“Applicability”) of Section 18.90.030 (Minor Development Plan Review) of Chapter 18.90 (Development Plan Review) of Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby added with all other subsections of Section 18.90.030 to remain the same:
11. All single family attached, single family detached, multi-family dwellings, and accessory dwelling units (if permitted by State law) proposed within the Residential Infill Priority Area Overlay Zone (“RIPAOZ”).
Section 12. A new Subsection P (“RIPAOZ Design, Screening, and Privacy Standards”) of Section 18.20.050 (Specific development standards for residential districts) of Chapter 18.20 (Residential Zone Districts) of Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby added with all other subsections of Section 18.20.050 to remain the same:
P. RIPAOZ Design, Screening, and Privacy Standards. Multifamily housing within the RIPAOZ shall be constructed in the following manner:
1. All multifamily developments within the RIPAOZ with 12 or more dwelling units shall provide 20 percent usable open space for passive and active recreational uses. Usable open space areas shall not include rights-of-way, vehicle parking areas, areas adjacent to or between any structures less than 15 feet apart, setbacks, patios or private yards, or slope areas greater than eight percent.
2. All multifamily developments within the RIPAOZ shall be required to install a 7’ perimeter block wall to limit visual intrusion on surrounding development to the greatest extent possible.
3. Each dwelling unit within the RIPAOZ shall have a private (walled) patio or balcony.
4. All multifamily developments within the RIPAOZ shall provide recreational amenities within the site which may include a swimming pool; spa; gym; on site multi-use trails/walking paths (separate from private sidewalks); package centers; smart home technology; clubhouse; tot lot with play equipment; picnic shelter/barbecue area; court game facilities such as tennis, basketball, or racquetball; improved softball or baseball fields; or day care facilities. The type of amenities shall be approved by the planning director and provided according to the following schedule:
8 Schedule Table
Units Amenities
0 – 11 0
12 – 100 1
101 – 200 2
201 – 300 3
Note: Add one amenity for each 100 additional units or fraction thereof.
5. Each dwelling unit shall be provided with a minimum of 100 cubic feet of enclosed storage space, such as roof rack storage, within the garage, carport, or immediately adjacent to the dwelling unit. Garages shall not be used as a gym.
6. Driveway approaches within a multifamily development of 12 or more units within the RIPAOZ shall be delineated with interlocking pavers and/or rough-textured concrete and landscaped medians.
7. All parts of all structures shall be within 100 feet of paved access for single-story and 50 feet for multistory units.
8. A bus turnout and shelter on the on-site arterial frontage shall be dedicated if the project is located on a bus route as determined by the planning director.
9. Common laundry facilities of sufficient number and accessibility consistent with the number of living units and the Uniform Building Code shall be provided.
10. Each condominium unit shall be plumbed and wired for a washing machine and dryer.
11. Each dwelling unit shall be provided with an automatic dishwasher and a heavy-duty garbage disposal unit.
12. Telephone jacks shall be installed in all living rooms, kitchens, and bedrooms.
13. Interior television antennas (cable television) shall be installed in each apartment unit, or a central interior antenna shall be installed in each apartment building. No exterior antenna or satellite dish antenna shall be permitted.
14. All utilities, including but not limited to electrical, cable television, and telephone lines, on the site shall be underground.
15. Each multiple-dwelling building or complex shall provide one hose bib for each three required parking spaces, and these hose bibs shall be located adjacent to parking areas.
16. Lighting. Refer to Chapter 18.120 CMC, Outdoor Lighting.
9 17. Management and security plans shall be submitted for review and approval by the Planning Director (or designee) for multifamily developments within the RIPAOZ with 12 or more dwelling units. These plans shall be comprehensive in scope.
18. Electronic Gates. Multifamily buildings or complexes with 40 or more dwellings within the RIPAOZ shall provide electronic gates as follows:
a. A minimum six-foot-high, decorative wrought iron fence shall be provided along the front of the property, to the rear of any required setback. Such fence shall incorporate a self-locking remote-controlled vehicle and pedestrian entry/exit gate. The vehicle entry shall incorporate an electronically activated tenant marquee to permit notification of tenants in the event of visitors. Such marquee shall be five feet above finished grade.
Provisions for emergency access, such as a Knox box, shall be provided in accordance with California Fire Code requirements.
19. Rear decks and balconies shall be discouraged for multi-story development where a majority of the surrounding properties are single-story homes within 50’ of the property line.
20. To avoid box structure designs, continuous multi-story walls and wall areas greater than nine feet in height that are flush with the first story of a primary structure shall be designed with a minimum recess of one foot for every 20 feet of wall length. For the purposes of this section, “flush” shall mean any multi-story element or wall area above nine feet in height that is less than one foot in depth from the first story or area below nine feet.
21. Landscape screening shall be provided along the property line(s) adjacent to the singlestory dwelling(s) or property on the downslope. A landscape plan that includes accurate visual simulations shall be submitted to the Planning Director (or designee) for review and approval. The landscaping shall be as mature as possible at installation such that at minimum, it will provide visual screening of the area immediately across from the multistory development to ensure privacy for the adjacent single-story dwelling from visual intrusion to the windows or back yard of the adjacent residence. The height and density of the landscape buffer at installation shall be determined by the Planning Director and City Landscape Architect, with consideration given to tree survival upon transplant.
22. If it is determined during project review that visual privacy issues will exist alongside yard elevations, as determined by accurate visual simulations, the Planning Director may limit the multi-story wall or any structure wall above nine feet in height to clerestory windows or permanent opaque screening, if any windows are proposed. This determination shall be based on whether or not the proposed multi-story building would have views into a neighbor’s bedroom(s), living/family room, or back yard.
Section 13. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion
10 thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
Section 14. Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution of any violation of any City ordinance or provision of the Calimesa Municipal Code, committed prior to the effective date hereto, nor be construed as a waiver of any license or penalty or the penal provision applicable to any violation thereof.
Section 15. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law.
INTRODUCED AND APPROVED UPON FIRST READING this 2
nd day of October, 2023,
upon the following vote:
AYES: Cervantez, Davis, Hewitt, and Molina
NOES: None
ABSENT: None
ABSTAIN: Manly
PASSED, APPROVED AND ADOPTED UPON SECOND READING this ____ 16th day of _____________, October, 2023, upon the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
WILLIAM DAVIS, MAYOR
ATTEST:
_________________________________
DARLENE GERDES, CITY CLERK
APPROVED AS TO FORM:
__________________________________
QUINN BARROW, CITY ATTORNEY
1 ORDINANCE NO. 394
AN ORDINANCE OF THE CITY OF CALIMESA, CALIFORNIA, APPROVING SEGMENT NO. 3 OF ZONE CHANGE 21-01 IN CONNECTION WITH THE
ADOPTION OF THE RESIDENTIAL INFILL PRIORITY AREA OVERLAY ZONE (“RIPAOZ”) AND THE AMENDMENT OF VARIOUS SECTIONS OF THE ZONING CODE (TITLE 18 OF THE CALIMESA MUNICIPAL CODE)
WHEREAS, in 2017, Governor Brown signed a 15-bill housing package aimed at addressing the state’s housing shortage and high housing costs. The package included the Building Homes and Jobs Act (SB 2), which established a funding source to increase the supply of affordable homes in California by collecting a $75 recording fee on real estate documents. These funds were made available to all local governments in California to help prepare, adopt, and implement plans that streamline housing approvals and accelerate housing production; and,
WHEREAS, the City was awarded a $160,000 grant by the State of California Department of Housing and Community Development (“HCD”) SB 2 program to prepare a “Residential Infill Priority Area Overlay Zone”, also referred to as the “RIPAOZ,” to up-zone certain residential properties identified by the City to allow higher density development including duplexes, townhomes, condos, and a limited amount of apartments by-right; and,
WHEREAS, the City was awarded a $65,000 supplementary grant by HCD Local Early Action Grants program, also referred to as the “LEAP” program, to assist in the preparation and adoption of planning documents and process improvements that accelerate housing production and facilitate compliance to implement the sixth cycle of the regional housing need assessment; and, WHEREAS, the City prepared the RIPAOZ to encourage infill development and allow for higher density residential development than the underlying zoning designation as established by Calimesa Municipal Code (CMC) Chapter 18.20. The RIPAOZ establishes areas where infill residential development is encouraged which maintains the character of existing neighborhood buildings and structures; to permit a flexible approach to providing affordable housing; to increase property values in residential neighborhoods; and to foster well-planned, compact developments keeping with the character of the existing neighborhood by a) Providing opportunities for the development of affordable housing, b) Promoting efficiency in the utilization of existing infrastructure and services, c) Facilitating integrated physical design, d) Promoting a high level of design quality, e) Facilitating development proposals responsive to current and future market conditions, and f) Providing safe vehicular circulation patterns for residents and safety/service providers; and,
WHEREAS, ZC 21-01 is a component of the Residential Infill Priority Area Overlay Zone Project (the “RPIAOZ Project” or “Project”), and is considered a “project” pursuant to the terms of the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. and the State CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et seq. (collectively “CEQA”); and, WHEREAS, an Environmental Impact Report (SCH#2022030754) and Mitigation Monitoring and Reporting Program were prepared for the Project by the City of Calimesa (“City”), in accordance with CEQA to evaluate the development of the properties included in the RIPAOZ (Environmental Assessment 22-05); and,
2 WHEREAS, on August 18, 2023, the City gave public notice as required under Chapter 18.15.080 (Hearings and Appeals) of the City of Calimesa Municipal Code by advertising in the Yucaipa Calimesa News Mirror newspaper of the holding of a public hearing at a special meeting of the Planning Commission at which Environmental Assessment 22-05, General Plan Amendment 22-01, and Zone Change 21-01 were considered for a recommended action for the City Council; and, WHEREAS, on August 28, 2023, during a duly noticed public hearing at a special meeting, the Planning Commission adopted Resolution 2023-09 recommending to the City Council the approval of Environmental Assessment 22-05, General Plan Amendment 22-01, and Zone Change 21-01, approving the RIPAOZ, and,
WHEREAS, on September 13, 2023, the Fair Political Practices Commission (the “FPPC”) advised the City Attorney that it would be appropriate for the City Council to divide the City Council’s consideration of the RIPAOZ into segments pursuant to 2 Cal. Code of Regs. Section 18706; and, WHEREAS, accordingly, Zone Change 21-01 have been segmented into three distinct components pursuant to 2 Cal. Code of Regs. Section 18706. This Segment No. 3 of Zone Change 21-01 contains the properties identified as Assessor Parcel Map Nos. 411-200-001, 411-200-002, 411-200-003 , 411-200- 004, 411-200-007, 411-200-008, 411-200-022, 410-080-003, 410-080-005, 410-080-007, 410-080-009, 410-080-013, 410-080-014, 410-080-019, 410-080-050, 410-092-012, 410-181-011, 410-181-012, 410- 162-012, 410-162-013, 410-162-014, 410-170-007, 410-170-009, 410-170-010, 410-170-011, 410-170- 012, 410-170-013, and 410-170-025, and which are proposed to be added into newly created RIPAOZ Areas 1 and 2; and,
WHEREAS, on September 18, 2023, the City Council continued the duly noticed hearing for EA 22-05, GPA 22-01, and ZC 21-01 to the October 2, 2023 meeting of the City Council; and, WHEREAS, on October 2, 2023, the City Council held the continued public hearing for EA 22- 05, GPA 22-01, and ZC 21-01 at which time interested persons had an opportunity to testify in support of, or opposition to, the proposed ordinance, and at which time the City Council considered EA 22-05, GPA 22-01, and ZC 21-01; and,
WHEREAS, City Council of the City of Calimesa desires to approve Segment No. 3 of Zone Change 21-01, also known as ZC 21-01, adopting the RIPAOZ and amending various sections of the Zoning Code (Title 18 of the Calimesa Municipal Code).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA DOES ORDAIN AS FOLLOWS:
Section 1. The above recitals are all true and correct and constitute a material portion of this Ordinance.
Section 2. The City Council has reviewed and considered the information included in the General Plan, as amended by Resolution No. 2023-64, Zoning Code, and Staff Report for the Public Hearing and public testimony prior to taking action on the proposed ordinance, approving the Zone Change and related EIR, and adopting the MMRP.
3 Section 3. The proposed Project, Zone Change 21-01, also known as ZC 21-01, amending various sections of the Zoning Code (Title 18 of the Calimesa Municipal Code, has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.). A Final Environmental Impact Report was prepared and the City Council, by separate Resolution No. 2023-61, certified the Final Environmental Impact Report, made appropriate environmental findings, and adopted a Mitigation Monitoring and Reporting Program for the Project.
Resolution No. 2023-61 is incorporated by reference, and made a part hereof as if fully set forth herein.
The documents and other material that constitute the record on which this decision is based are located in the Planning Department of the City of Calimesa, at 908 Park Avenue, Calimesa, California 92320 and are in the custody of the Planning Director.
Section 4. The City Council finds that the Zone Change is consistent with the goals and policies of the General Plan and State housing goals, and would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
Section 5. Segment No. 3 of the RIPAOZ, as defined in the recitals of the Ordinance, and which contains properties known as Assessor Parcel Nos. 411-200-001, 411-200-002, 411-200-003 , 411- 200-004, 411-200-007, 411-200-008, and 411-200-022, which are designated as being within Area 2 of the RIPAOZ, and 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, and 410- 170-025, which are designated as being within Area 1 of the RIPAOZ, is hereby approved, inclusive of the provisions contained in Sections 6 through 12 of this Ordinance. The properties within Segment No. 3 are hereby designated as being within Areas 1 and 2 of the RIPAOZ as shown on the map on file with the Community Development Department. The location and boundaries of the property within Segment No. 3 of the RIPAOZ shall be as shown on the official zoning map of the City of Calimesa, California.
This information is on file and available at the Community Development Department at Calimesa City Hall.
Section 6. Section 18.05.080 (Zone districts establish) of Chapter 18.05 (General Provisions) of Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby amended to add “Residential Infill Priority Area Overlay Zone” as follows, with all other provisions in Section 18.05.080 to remain the same:
18.05.080 Zone districts established.
Symbol Zone Name Chapter
RIPAOZ Residential Infill Priority Area Overlay Zone 18.20 Section 7. Section 18.20.020 (Residential zone districts) in Chapter 18.20 (Residential Zone Districts) of the Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby amended to add a new Subsection H as follows, with all other subsections to remain the same:
H. Residential Infill Priority Area Overlay (RIPAOZ) Zone. The purposed of this chapter is to establish the Residential Infill Priority Area Overlay Zone (RIPAOZ) to encourage residential
4 infill development at a higher density than the underlying zoning designation established by Calimesa Municipal Code (CMC) Chapter 18.20. The RIPAOZ identifies areas where residential infill development is encouraged; permits a flexible approach to providing affordable housing; aims to increase the variety of housing options in existing residential neighborhoods; fosters well-planned, compact developments keeping with the character of the existing neighborhood, promotes efficiency in the utilization of existing infrastructure and services, facilitates integrated physical design, promotes a high level of design quality, facilitates development proposals responsive to current and future market conditions, and provides safe vehicular circulation patterns for residents and safety/service providers.
Section 8. Table 18.20.030 (Uses Permitted Within Residential Districts) of Chapter 18.20 (Residential Zone Districts) of the Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby amended to add two columns as follows, with all other sections, subsections, and notes of Table 18.20.030 to remain the same:
Table 18.20.030 – Uses Permitted Within Residential Districts Use RIPAOZ
Area 1
RIPAOZ
Area 2
A. Residential Uses
Accessory dwelling unit P P
Bed and breakfast inn C C
Boarding house X X
Community care facility
• Six or fewer persons P P
• Seven or more persons C C
Convalescent care facility C C
Day Care Facility
• Six or fewer children P P
• Seven or more children P P
Guest house P P
Junior accessory dwelling unit P P
Manufactured housing P P
Mobile home park X X
Senior congregate care housing C C
Multifamily dwellings X P
Single-family detached P P
Single-family attached P P
B. Equestrian Uses
Riding academy X X
Rodeo arena X X
Stables. private X X
Stables, commercial X X
C. Agricultural Uses X X
D. Commercial Uses
5 Use RIPAOZ
Area 1
RIPAOZ
Area 2
Hair stylist P P
Feed and grain sales X X
Fruit and vegetable processing X X
Nursery and incidental garden supply X X
Produce market X X
Display and sale of agricultural products X X
E. Public/Quasi-Public Uses
Cemeteries, columbariums, mausoleums (including pet cemeteries) X X Churches and other religious institutions C C
Educational institutions (public and private schools, not including vocational schools):
a. Small (25 or fewer students) on sites with existing assembly uses and adequate off-street parking
b. Large (26 or more students)
P
C
P
C
Fire and police stations C C
Meeting places of nonprofit civic groups, community organizations, clubs, and lodge halls
C
C
Public libraries and museums C C
Public utility and public service substations, reservoirs, pumping plants, and similar installations, not including public utility offices C C F. Recreational Uses
Archery ranges X X
Fishing lakes (commercial and noncommercial) X X
Golf courses and customary appurtenant facilities, including clubhouses, restaurants and retail shops, except driving ranges and miniature golf courses
X X
Parks P P
Picnic grounds for day use only X X
G. Accessory Uses
Antennas, satellite dishes P P
Garages P P
Other accessory uses and structures located on the same site as a permitted use P P
Permanent outdoor storage within parking lot areas X X
H. Home Occupations
Subject to the provisions
of CMC 18.15.090, Home
occupation permits
I. Temporary Uses
Subject to the provisions
of CMC 18.151.130.
Temporary use Permits
J. Other
Apiary X X
Camp X X
Commercial cannabis activity X X
6 Use RIPAOZ
Area 1
RIPAOZ
Area 2
Community garden P P
Farm projects (Future Farmers, 4-H, or similar projects) X X Guest ranch X X
Kennels X X
Menageries, animal hospitals, and shelters X X
Outdoor storage, front yard areas X X
K. Other Uses Similar to and No More Objectionable Than the Uses Identified Above
Subject to the provisions
of CMC 18.15.180
Determination of similar
use
Legend:
P – Permitted use
C – Subject to conditional use permit
X – Prohibited
Section 9. Table 18.20.040 (Residential Development Standards) in Section 18.20.040 (Residential Development Standards) of Chapter 18.20 (Residential Zone Districts) of Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby amended add two columns as follows, with all other sections, subsections, and notes to remain the same:
Table 18.20.040 – Residential Development Standards
Standard RIPAOZ Area 1 RIPAOZ Area 2
Maximum density (DUs per gross acre) 15 35
Minimum lot size (net area) 1,591 s.f. N/A
Minimum lot width137’ 60’
Minimum lot depth 43’ 100’
Minimum front yard setback 10’ 10’
Minimum side yard setbacks23
Note 2 below
Minimum rear yard setback35
Note 3 below
Maximum lot coverage 75% 75%
Maximum height for buildings and structures 32’ or two stories, whichever is less
40’ or three
stories,
whichever is
less
7 Table 18.20.040 – Residential Development Standards
Standard RIPAOZ Area 1 RIPAOZ Area 2
Notes:
1. Flag lots (lots with less than the required lot width minimum) are prohibited. Cul-de-sac lots shall have a minimum width of 35 feet.
2. Side Yard Setbacks (RIPOAZ 2) One-story building; five feet. Two-story building: five feet for the first story and 10 feet for the second story. For buildings having more than two stories: five feet for the first story; 10 feet for the second story; and an additional five feet for each story thereafter]
3. Rear yard Setbacks (RIPAOZ 2) One- and two-story buildings; 10 feet. For buildings having more than two stories: 10 feet for the first and second stories; and an additional five feet for each story thereafter
Section 10. Table 18.45.060 (Number of Required Parking Spaces) of Chapter 18.45 (OffStreet Parking) of Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby amended to add one new row as follows, with all other sections, subsections, and notes of Section 18.45.060 to remain the same:
Uses Number of Required Spaces
Residential Uses
All residential uses proposed within the Residential Infill Priority Area Overlay Zone (“RIPAOZ”)
Subject to Planning Director and City
Engineer approval of a site-specific
focused Traffic & Parking Study
prepared in accordance with the latest
edition of the Institute of Transportation
Engineers (ITE) Trip Generation Manual.
Section 11. A new Subsection 11 of subdivision B (“Applicability”) of Section 18.90.030 (Minor Development Plan Review) of Chapter 18.90 (Development Plan Review) of Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby added with all other subsections of Section 18.90.030 to remain the same:
11. All single family attached, single family detached, multi-family dwellings, and accessory dwelling units (if permitted by State law) proposed within the Residential Infill Priority Area Overlay Zone (“RIPAOZ”).
Section 12. A new Subsection P (“RIPAOZ Design, Screening, and Privacy Standards”) of Section 18.20.050 (Specific development standards for residential districts) of Chapter 18.20 (Residential Zone Districts) of Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby added with all other subsections of Section 18.20.050 to remain the same:
P. RIPAOZ Design, Screening, and Privacy Standards. Multifamily housing within the RIPAOZ shall be constructed in the following manner:
1. All multifamily developments within the RIPAOZ with 12 or more dwelling units shall provide 20 percent usable open space for passive and active recreational uses. Usable open space areas shall not include rights-of-way, vehicle parking areas, areas adjacent to or between any structures less than 15 feet apart, setbacks, patios or private yards, or slope areas greater than eight percent.
8 2. All multifamily developments within the RIPAOZ shall be required to install a 7’ perimeter block wall to limit visual intrusion on surrounding development to the greatest extent possible.
3. Each dwelling unit within the RIPAOZ shall have a private (walled) patio or balcony.
4. All multifamily developments within the RIPAOZ shall provide recreational amenities within the site which may include a swimming pool; spa; gym; on site multi-use trails/walking paths (separate from private sidewalks); package centers; smart home technology; clubhouse; tot lot with play equipment; picnic shelter/barbecue area; court game facilities such as tennis, basketball, or racquetball; improved softball or baseball fields; or day care facilities. The type of amenities shall be approved by the planning director and provided according to the following schedule:
Schedule Table
Units Amenities
0 – 11 0
12 – 100 1
101 – 200 2
201 – 300 3
Note: Add one amenity for each 100 additional units or fraction thereof.
5. Each dwelling unit shall be provided with a minimum of 100 cubic feet of enclosed storage space, such as roof rack storage, within the garage, carport, or immediately adjacent to the dwelling unit. Garages shall not be used as a gym.
6. Driveway approaches within a multifamily development of 12 or more units within the RIPAOZ shall be delineated with interlocking pavers and/or rough-textured concrete and landscaped medians.
7. All parts of all structures shall be within 100 feet of paved access for single-story and 50 feet for multistory units.
8. A bus turnout and shelter on the on-site arterial frontage shall be dedicated if the project is located on a bus route as determined by the planning director.
9. Common laundry facilities of sufficient number and accessibility consistent with the number of living units and the Uniform Building Code shall be provided.
10. Each condominium unit shall be plumbed and wired for a washing machine and dryer.
11. Each dwelling unit shall be provided with an automatic dishwasher and a heavy-duty garbage disposal unit.
12. Telephone jacks shall be installed in all living rooms, kitchens, and bedrooms.
9 13. Interior television antennas (cable television) shall be installed in each apartment unit, or a central interior antenna shall be installed in each apartment building. No exterior antenna or satellite dish antenna shall be permitted.
14. All utilities, including but not limited to electrical, cable television, and telephone lines, on the site shall be underground.
15. Each multiple-dwelling building or complex shall provide one hose bib for each three required parking spaces, and these hose bibs shall be located adjacent to parking areas.
16. Lighting. Refer to Chapter 18.120 CMC, Outdoor Lighting.
17. Management and security plans shall be submitted for review and approval by the Planning Director (or designee) for multifamily developments within the RIPAOZ with 12 or more dwelling units. These plans shall be comprehensive in scope.
18. Electronic Gates. Multifamily buildings or complexes with 40 or more dwellings within the RIPAOZ shall provide electronic gates as follows:
a. A minimum six-foot-high, decorative wrought iron fence shall be provided along the front of the property, to the rear of any required setback. Such fence shall incorporate a self-locking remote-controlled vehicle and pedestrian entry/exit gate. The vehicle entry shall incorporate an electronically activated tenant marquee to permit notification of tenants in the event of visitors. Such marquee shall be five feet above finished grade.
Provisions for emergency access, such as a Knox box, shall be provided in accordance with California Fire Code requirements.
19. Rear decks and balconies shall be discouraged for multi-story development where a majority of the surrounding properties are single-story homes within 50’ of the property line.
20. To avoid box structure designs, continuous multi-story walls and wall areas greater than nine feet in height that are flush with the first story of a primary structure shall be designed with a minimum recess of one foot for every 20 feet of wall length. For the purposes of this section, “flush” shall mean any multi-story element or wall area above nine feet in height that is less than one foot in depth from the first story or area below nine feet.
21. Landscape screening shall be provided along the property line(s) adjacent to the singlestory dwelling(s) or property on the downslope. A landscape plan that includes accurate visual simulations shall be submitted to the Planning Director (or designee) for review and approval. The landscaping shall be as mature as possible at installation such that at minimum, it will provide visual screening of the area immediately across from the multistory development to ensure privacy for the adjacent single-story dwelling from visual intrusion to the windows or back yard of the adjacent residence. The height and density of the landscape buffer at installation shall be determined by the Planning Director and City Landscape Architect, with consideration given to tree survival upon transplant.
22. If it is determined during project review that visual privacy issues will exist alongside yard elevations, as determined by accurate visual simulations, the Planning Director may limit the multi-story wall or any structure wall above nine feet in height to clerestory windows
10 or permanent opaque screening, if any windows are proposed. This determination shall be based on whether or not the proposed multi-story building would have views into a neighbor’s bedroom(s), living/family room, or back yard.
Section 13. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
Section 14. Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution of any violation of any City ordinance or provision of the Calimesa Municipal Code, committed prior to the effective date hereto, nor be construed as a waiver of any license or penalty or the penal provision applicable to any violation thereof.
Section 15. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law.
INTRODUCED AND APPROVED UPON FIRST READING this 2
nd day of October, 2023,
upon the following vote:
AYES: Cervantez, Davis, Hewitt and Molina
NOES: Manly
ABSENT: None
ABSTAIN: None
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 16th day of October, 2023, upon the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
WILLIAM DAVIS, MAYOR
ATTEST:
_________________________________
DARLENE GERDES, CITY CLERK
11 APPROVED AS TO FORM:
__________________________________
QUINN BARROW, CITY ATTORNEY
1 ORDINANCE NO. 394
AN ORDINANCE OF THE CITY OF CALIMESA, CALIFORNIA, APPROVING SEGMENT NO. 3 OF ZONE CHANGE 21-01 IN CONNECTION WITH THE
ADOPTION OF THE RESIDENTIAL INFILL PRIORITY AREA OVERLAY ZONE (“RIPAOZ”) AND THE AMENDMENT OF VARIOUS SECTIONS OF THE ZONING CODE (TITLE 18 OF THE CALIMESA MUNICIPAL CODE)
WHEREAS, in 2017, Governor Brown signed a 15-bill housing package aimed at addressing the state’s housing shortage and high housing costs. The package included the Building Homes and Jobs Act (SB 2), which established a funding source to increase the supply of affordable homes in California by collecting a $75 recording fee on real estate documents. These funds were made available to all local governments in California to help prepare, adopt, and implement plans that streamline housing approvals and accelerate housing production; and,
WHEREAS, the City was awarded a $160,000 grant by the State of California Department of Housing and Community Development (“HCD”) SB 2 program to prepare a “Residential Infill Priority Area Overlay Zone”, also referred to as the “RIPAOZ,” to up-zone certain residential properties identified by the City to allow higher density development including duplexes, townhomes, condos, and a limited amount of apartments by-right; and,
WHEREAS, the City was awarded a $65,000 supplementary grant by HCD Local Early Action Grants program, also referred to as the “LEAP” program, to assist in the preparation and adoption of planning documents and process improvements that accelerate housing production and facilitate compliance to implement the sixth cycle of the regional housing need assessment; and, WHEREAS, the City prepared the RIPAOZ to encourage infill development and allow for higher density residential development than the underlying zoning designation as established by Calimesa Municipal Code (CMC) Chapter 18.20. The RIPAOZ establishes areas where infill residential development is encouraged which maintains the character of existing neighborhood buildings and structures; to permit a flexible approach to providing affordable housing; to increase property values in residential neighborhoods; and to foster well-planned, compact developments keeping with the character of the existing neighborhood by a) Providing opportunities for the development of affordable housing, b) Promoting efficiency in the utilization of existing infrastructure and services, c) Facilitating integrated physical design, d) Promoting a high level of design quality, e) Facilitating development proposals responsive to current and future market conditions, and f) Providing safe vehicular circulation patterns for residents and safety/service providers; and,
WHEREAS, ZC 21-01 is a component of the Residential Infill Priority Area Overlay Zone Project (the “RPIAOZ Project” or “Project”), and is considered a “project” pursuant to the terms of the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. and the State CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et seq. (collectively “CEQA”); and, WHEREAS, an Environmental Impact Report (SCH#2022030754) and Mitigation Monitoring and Reporting Program were prepared for the Project by the City of Calimesa (“City”), in accordance with CEQA to evaluate the development of the properties included in the RIPAOZ (Environmental Assessment 22-05); and,
2 WHEREAS, on August 18, 2023, the City gave public notice as required under Chapter 18.15.080 (Hearings and Appeals) of the City of Calimesa Municipal Code by advertising in the Yucaipa Calimesa News Mirror newspaper of the holding of a public hearing at a special meeting of the Planning Commission at which Environmental Assessment 22-05, General Plan Amendment 22-01, and Zone Change 21-01 were considered for a recommended action for the City Council; and, WHEREAS, on August 28, 2023, during a duly noticed public hearing at a special meeting, the Planning Commission adopted Resolution 2023-09 recommending to the City Council the approval of Environmental Assessment 22-05, General Plan Amendment 22-01, and Zone Change 21-01, approving the RIPAOZ, and,
WHEREAS, on September 13, 2023, the Fair Political Practices Commission (the “FPPC”) advised the City Attorney that it would be appropriate for the City Council to divide the City Council’s consideration of the RIPAOZ into segments pursuant to 2 Cal. Code of Regs. Section 18706; and, WHEREAS, accordingly, Zone Change 21-01 have been segmented into three distinct components pursuant to 2 Cal. Code of Regs. Section 18706. This Segment No. 3 of Zone Change 21-01 contains the properties identified as Assessor Parcel Map Nos. 411-200-001, 411-200-002, 411-200-003 , 411-200- 004, 411-200-007, 411-200-008, 411-200-022, 410-080-003, 410-080-005, 410-080-007, 410-080-009, 410-080-013, 410-080-014, 410-080-019, 410-080-050, 410-092-012, 410-181-011, 410-181-012, 410- 162-012, 410-162-013, 410-162-014, 410-170-007, 410-170-009, 410-170-010, 410-170-011, 410-170- 012, 410-170-013, and 410-170-025, 409-100-009, 409-100-011 and which are proposed to be added into newly created RIPAOZ Areas 1 and 2; and,
WHEREAS, on September 18, 2023, the City Council continued the duly noticed hearing for EA 22-05, GPA 22-01, and ZC 21-01 to the October 2, 2023 meeting of the City Council; and, WHEREAS, on October 2, 2023, the City Council held the continued public hearing for EA 22- 05, GPA 22-01, and ZC 21-01 at which time interested persons had an opportunity to testify in support of, or opposition to, the proposed ordinance, and at which time the City Council considered EA 22-05, GPA 22-01, and ZC 21-01; and,
WHEREAS, City Council of the City of Calimesa desires to approve Segment No. 3 of Zone Change 21-01, also known as ZC 21-01, adopting the RIPAOZ and amending various sections of the Zoning Code (Title 18 of the Calimesa Municipal Code).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA DOES ORDAIN AS FOLLOWS:
Section 1. The above recitals are all true and correct and constitute a material portion of this Ordinance.
Section 2. The City Council has reviewed and considered the information included in the General Plan, as amended by Resolution No. 2023-64, Zoning Code, and Staff Report for the Public Hearing and public testimony prior to taking action on the proposed ordinance, approving the Zone Change and related EIR, and adopting the MMRP.
3 Section 3. The proposed Project, Zone Change 21-01, also known as ZC 21-01, amending various sections of the Zoning Code (Title 18 of the Calimesa Municipal Code, has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.). A Final Environmental Impact Report was prepared and the City Council, by separate Resolution No. 2023-61, certified the Final Environmental Impact Report, made appropriate environmental findings, and adopted a Mitigation Monitoring and Reporting Program for the Project.
Resolution No. 2023-61 is incorporated by reference, and made a part hereof as if fully set forth herein.
The documents and other material that constitute the record on which this decision is based are located in the Planning Department of the City of Calimesa, at 908 Park Avenue, Calimesa, California 92320 and are in the custody of the Planning Director.
Section 4. The City Council finds that the Zone Change is consistent with the goals and policies of the General Plan and State housing goals, and would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
Section 5. Segment No. 3 of the RIPAOZ, as defined in the recitals of the Ordinance, and which contains properties known as Assessor Parcel Nos. 411-200-001, 411-200-002, 411-200-003 , 411- 200-004, 411-200-007, 411-200-008, and 411-200-022, which are designated as being within Area 2 of the RIPAOZ, and 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, and 410- 170-025, 409-100-009, 409-100-011 which are designated as being within Area 1 of the RIPAOZ, is hereby approved, inclusive of the provisions contained in Sections 6 through 12 of this Ordinance. The properties within Segment NONo. 3 are hereby designated as being within Areas 1 and 2 of the RIPAOZ as shown on the map on file with the Community Development Department. The location and boundaries of the property within Segment No. 3 of the RIPAOZ shall be as shown on the official zoning map of the City of Calimesa, California. This information is on file and available at the Community Development Department at Calimesa City Hall.
Section 6. Section 18.05.080 (Zone districts establish) of Chapter 18.05 (General Provisions) of Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby amended to add “Residential Infill Priority Area Overlay Zone” as follows, with all other provisions in Section 18.05.080 to remain the same:
18.05.080 Zone districts established.
Symbol Zone Name Chapter
RIPAOZ Residential Infill Priority Area Overlay Zone 18.20 Section 7. Section 18.20.020 (Residential zone districts) in Chapter 18.20 (Residential Zone Districts) of the Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby amended to add a new Subsection H as follows, with all other subsections to remain the same:
H. Residential Infill Priority Area Overlay (RIPAOZ) Zone. The purposed of this chapter is to establish the Residential Infill Priority Area Overlay Zone (RIPAOZ) to encourage residential
4 infill development at a higher density than the underlying zoning designation established by Calimesa Municipal Code (CMC) Chapter 18.20. The RIPAOZ identifies areas where residential infill development is encouraged; permits a flexible approach to providing affordable housing; aims to increase the variety of housing options in existing residential neighborhoods; fosters well-planned, compact developments keeping with the character of the existing neighborhood, promotes efficiency in the utilization of existing infrastructure and services, facilitates integrated physical design, promotes a high level of design quality, facilitates development proposals responsive to current and future market conditions, and provides safe vehicular circulation patterns for residents and safety/service providers.
Section 8. Table 18.20.030 (Uses Permitted Within Residential Districts) of Chapter 18.20 (Residential Zone Districts) of the Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby amended to add two columns as follows, with all other sections, subsections, and notes of Table 18.20.030 to remain the same:
Table 18.20.030 – Uses Permitted Within Residential Districts Use RIPAOZ
Area 1
RIPAOZ
Area 2
A. Residential Uses
Accessory dwelling unit P P
Bed and breakfast inn C C
Boarding house X X
Community care facility
• Six or fewer persons P P
• Seven or more persons C C
Convalescent care facility C C
Day Care Facility
• Six or fewer children P P
• Seven or more children P P
Guest house P P
Junior accessory dwelling unit P P
Manufactured housing P P
Mobile home park X X
Senior congregate care housing C C
Multifamily dwellings X P
Single-family detached P P
Single-family attached P P
B. Equestrian Uses
Riding academy X X
Rodeo arena X X
Stables. private X X
Stables, commercial X X
C. Agricultural Uses X X
D. Commercial Uses
5 Use RIPAOZ
Area 1
RIPAOZ
Area 2
Hair stylist P P
Feed and grain sales X X
Fruit and vegetable processing X X
Nursery and incidental garden supply X X
Produce market X X
Display and sale of agricultural products X X
E. Public/Quasi-Public Uses
Cemeteries, columbariums, mausoleums (including pet cemeteries) X X Churches and other religious institutions C C
Educational institutions (public and private schools, not including vocational schools):
a. Small (25 or fewer students) on sites with existing assembly uses and adequate off-street parking
b. Large (26 or more students)
P
C
P
C
Fire and police stations C C
Meeting places of nonprofit civic groups, community organizations, clubs, and lodge halls
C
C
Public libraries and museums C C
Public utility and public service substations, reservoirs, pumping plants, and similar installations, not including public utility offices C C F. Recreational Uses
Archery ranges X X
Fishing lakes (commercial and noncommercial) X X
Golf courses and customary appurtenant facilities, including clubhouses, restaurants and retail shops, except driving ranges and miniature golf courses
X X
Parks P P
Picnic grounds for day use only X X
G. Accessory Uses
Antennas, satellite dishes P P
Garages P P
Other accessory uses and structures located on the same site as a permitted use P P
Permanent outdoor storage within parking lot areas X X
H. Home Occupations
Subject to the provisions
of CMC 18.15.090, Home
occupation permits
I. Temporary Uses
Subject to the provisions
of CMC 18.151.130.
Temporary use Permits
J. Other
Apiary X X
Camp X X
Commercial cannabis activity X X
6 Use RIPAOZ
Area 1
RIPAOZ
Area 2
Community garden P P
Farm projects (Future Farmers, 4-H, or similar projects) X X Guest ranch X X
Kennels X X
Menageries, animal hospitals, and shelters X X
Outdoor storage, front yard areas X X
K. Other Uses Similar to and No More Objectionable Than the Uses Identified Above
Subject to the provisions
of CMC 18.15.180
Determination of similar
use
Legend:
P – Permitted use
C – Subject to conditional use permit
X – Prohibited
Section 9. Table 18.20.040 (Residential Development Standards) in Section 18.20.040 (Residential Development Standards) of Chapter 18.20 (Residential Zone Districts) of Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby amended add two columns as follows, with all other sections, subsections, and notes to remain the same:
Table 18.20.040 – Residential Development Standards
Standard RIPAOZ Area 1 RIPAOZ Area 2
Maximum density (DUs per gross acre) 15 35
Minimum lot size (net area) 1,591 s.f. N/A
Minimum lot width137’ 60’
Minimum lot depth 43’ 100’
Minimum front yard setback 10’ 10’
Minimum side yard setbacks23
Note 2 below
Minimum rear yard setback35
Note 3 below
Maximum lot coverage 75% 75%
Maximum height for buildings and structures 36’ 32’ or three two stories,
whichever is less
50’ 40’ or four
three stories,
whichever is
less
7 Table 18.20.040 – Residential Development Standards
Standard RIPAOZ Area 1 RIPAOZ Area 2
Notes:
1. Flag lots (lots with less than the required lot width minimum) are prohibited. Cul-de-sac lots shall have a minimum width of 35 feet.
2. Side Yard Setbacks (RIPOAZ 2) One-story building; five feet. Two-story building: five feet for the first story and 10 feet for the second story. For buildings having more than two stories: five feet for the first story; 10 feet for the second story; and an additional five feet for each story thereafter]
3. Rear yard Setbacks (RIPAOZ 2) One- and two-story buildings; 10 feet. For buildings having more than two stories: 10 feet for the first and second stories; and an additional five feet for each story thereafter
Section 10. Table 18.45.060 (Number of Required Parking Spaces) of Chapter 18.45 (OffStreet Parking) of Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby amended to add one new row as follows, with all other sections, subsections, and notes of Section 18.45.060 to remain the same:
Uses Number of Required Spaces
Residential Uses
All residential uses proposed within the Residential Infill Priority Area Overlay Zone (“RIPAOZ”)
Subject to Planning Director and City
Engineer approval of a site-specific
focused Traffic & Parking Study
prepared in accordance with the latest
edition of the Institute of Transportation
Engineers (ITE) Trip Generation Manual.
Section 11. A new Subsection 11 of subdivision B (“Applicability”) of Section 18.90.030 (Minor Development Plan Review) of Chapter 18.90 (Development Plan Review) of Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby added with all other subsections of Section 18.90.030 to remain the same:
11. All single family attached, single family detached, multi-family dwellings, and accessory dwelling units (if permitted by State law) proposed within the Residential Infill Priority Area Overlay Zone (“RIPAOZ”).
Section 12. A new Subsection P (“RIPAOZ Design, Screening, and Privacy Standards”) of Section 18.20.050 (Specific development standards for residential districts) of Chapter 18.20 (Residential Zone Districts) of Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby added with all other subsections of Section 18.20.050 to remain the same:
P. RIPAOZ Design, Screening, and Privacy Standards. Multifamily housing within the RIPAOZ shall be constructed in the following manner:
1. All multifamily developments within the RIPAOZ with 12 or more dwelling units shall provide 20 percent usable open space for passive and active recreational uses. Usable open space areas shall not include rights-of-way, vehicle parking areas, areas adjacent to or between any structures less than 15 feet apart, setbacks, patios or private yards, or slope areas greater than eight percent.
8 2. All multifamily developments within the RIPAOZ shall be required to install a 7’ perimeter block wall to limit visual intrusion on surrounding development to the greatest extent possible.
3. Each dwelling unit within the RIPAOZ shall have a private (walled) patio or balcony.
4. All multifamily developments within the RIPAOZ shall provide recreational amenities within the site which may include a swimming pool; spa; gym; on site multi-use trails/walking paths (separate from private sidewalks); package centers; smart home technology; clubhouse; tot lot with play equipment; picnic shelter/barbecue area; court game facilities such as tennis, basketball, or racquetball; improved softball or baseball fields; or day care facilities. The type of amenities shall be approved by the planning director and provided according to the following schedule:
Schedule Table
Units Amenities
0 – 11 0
12 – 100 1
101 – 200 2
201 – 300 3
Note: Add one amenity for each 100 additional units or fraction thereof.
5. Each dwelling unit shall be provided with a minimum of 100 cubic feet of enclosed storage space, such as roof rack storage, within the garage, carport, or immediately adjacent to the dwelling unit. Garages shall not be used as a gym.
6. Driveway approaches within a multifamily development of 12 or more units within the RIPAOZ shall be delineated with interlocking pavers and/or rough-textured concrete and landscaped medians.
7. All parts of all structures shall be within 100 feet of paved access for single-story and 50 feet for multistory units.
8. A bus turnout and shelter on the on-site arterial frontage shall be dedicated if the project is located on a bus route as determined by the planning director.
9. Common laundry facilities of sufficient number and accessibility consistent with the number of living units and the Uniform Building Code shall be provided.
10. Each condominium unit shall be plumbed and wired for a washing machine and dryer.
11. Each dwelling unit shall be provided with an automatic dishwasher and a heavy-duty garbage disposal unit.
12. Telephone jacks shall be installed in all living rooms, kitchens, and bedrooms.
9 13. Interior television antennas (cable television) shall be installed in each apartment unit, or a central interior antenna shall be installed in each apartment building. No exterior antenna or satellite dish antenna shall be permitted.
14. All utilities, including but not limited to electrical, cable television, and telephone lines, on the site shall be underground.
15. Each multiple-dwelling building or complex shall provide one hose bib for each three required parking spaces, and these hose bibs shall be located adjacent to parking areas.
16. Lighting. Refer to Chapter 18.120 CMC, Outdoor Lighting.
17. Management and security plans shall be submitted for review and approval by the Planning Director (or designee) for multifamily developments within the RIPAOZ with 12 or more dwelling units. These plans shall be comprehensive in scope.
18. Electronic Gates. Multifamily buildings or complexes with 40 or more dwellings within the RIPAOZ shall provide electronic gates as follows:
a. A minimum six-foot-high, decorative wrought iron fence shall be provided along the front of the property, to the rear of any required setback. Such fence shall incorporate a self-locking remote-controlled vehicle and pedestrian entry/exit gate. The vehicle entry shall incorporate an electronically activated tenant marquee to permit notification of tenants in the event of visitors. Such marquee shall be five feet above finished grade.
Provisions for emergency access, such as a Knox box, shall be provided in accordance with California Fire Code requirements.
19. Rear decks and balconies shall be discouraged for multi-story development where a majority of the surrounding properties are single-story homes within 50’ of the property line.
20. To avoid box structure designs, continuous multi-story walls and wall areas greater than nine feet in height that are flush with the first story of a primary structure shall be designed with a minimum recess of one foot for every 20 feet of wall length. For the purposes of this section, “flush” shall mean any multi-story element or wall area above nine feet in height that is less than one foot in depth from the first story or area below nine feet.
21. Landscape screening shall be provided along the property line(s) adjacent to the singlestory dwelling(s) or property on the downslope. A landscape plan that includes accurate visual simulations shall be submitted to the Planning Director (or designee) for review and approval. The landscaping shall be as mature as possible at installation such that at minimum, it will provide visual screening of the area immediately across from the multistory development to ensure privacy for the adjacent single-story dwelling from visual intrusion to the windows or back yard of the adjacent residence. The height and density of the landscape buffer at installation shall be determined by the Planning Director and City Landscape Architect, with consideration given to tree survival upon transplant.
22. If it is determined during project review that visual privacy issues will exist alongside yard elevations, as determined by accurate visual simulations, the Planning Director may limit the multi-story wall or any structure wall above nine feet in height to clerestory windows
10 or permanent opaque screening, if any windows are proposed. This determination shall be based on whether or not the proposed multi-story building would have views into a neighbor’s bedroom(s), living/family room, or back yard.
Section 13. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
Section 14. Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution of any violation of any City ordinance or provision of the Calimesa Municipal Code, committed prior to the effective date hereto, nor be construed as a waiver of any license or penalty or the penal provision applicable to any violation thereof.
Section 15. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law.
INTRODUCED AND APPROVED UPON FIRST READING this 2
nd day of October, 2023,
upon the following vote:
AYES: Cervantez, Davis, Hewitt and Molina
NOES: Manly
ABSENT: None
ABSTAIN: None
PASSED, APPROVED AND ADOPTED UPON SECOND READING this ____ 16th day of _____________, October, 2023, upon the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
WILLIAM DAVIS, MAYOR
ATTEST:
_________________________________
DARLENE GERDES, CITY CLERK
11 APPROVED AS TO FORM:
__________________________________
QUINN BARROW, CITY ATTORNEY