Calimesa City Council
October 6, 2025

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complaining Owner may resort to alternative dispute resolution, as required by Section 5925, et seq., of the California Civil Code, or litigation for relief.

12.1.4 Legal Proceedings. Failure to comply with any of the terms of the Governing Documents by any Person is grounds for relief which may include an action to recover damages, injunctive relief, foreclosure of any lien, or any combination thereof; however, the procedures established in Sections 5900, et seq., and 5925, et seq., of the California Civil Code and in Sections 12.1.2 and 12.1.3 must first be followed, if they apply.

12.1.5 Additional Remedies. After Notice and Hearing, the Board may impose any of the remedies provided for in the Bylaws. The Board may adopt a schedule of reasonable fines or penalties which, in its reasonable discretion, the Board may assess against a Person for the failure of such Person to comply with the Governing Documents. Such fines or penalties may only be assessed pursuant to Civil Code Sections 5850 and 5855. After Notice and Hearing, the Board may direct the officers of the Association to Record a notice of noncompliance (if allowed by law) against a Lot owned by any Owner who has violated any provision of this Declaration. The notice shall include a legal description of the Lot and shall specify the provision of this Declaration that was violated, the violation committed, and the steps required to remedy the noncompliance. Once the noncompliance is remedied or the noncomplying Owner has taken such other steps as reasonably required by the Board, the Board shall direct the officers of the Association to Record a notice that the noncompliance has been remedied.

12.1.6 No Waiver. Failure to enforce any provision of this Declaration does not waive the right to enforce that provision, or any other provision of this Declaration.

12.1.7 Limit on Expenditures. The Association may not incur litigation expenses, including attorneys’ fees, or borrow money to fund litigation, where the Association initiates legal proceedings or is joined as a plaintiff in legal proceedings, unless the Association first obtains the consent of a majority of the Association’s voting power (excluding the voting power of any Owner who would be a defendant in such proceedings) and, if applicable, complies with the requirements of California Civil Code Sections 5900, et seq., 5925, et seq. Provided, however, that no such approval shall apply to any legal proceedings initiated (a) to enforce the use restrictions contained in Article 2, (b) to enforce the architectural and landscaping control provisions contained in Article 5, (c) to collect any unpaid Assessments levied pursuant to the Governing Documents, (d) for a claim, the total value of which is less than Five Hundred Thousand Dollars ($500,000), (e) as a cross-complaint in litigation to which the Association is already a party, or (f) in connection with any Right to Repair Law Claim. If the Association decides to use or transfer Reserve Funds or borrow funds to pay for any litigation, the Association must notify the Owners of the decision by mail. Such notice shall provide an explanation of why the litigation is being initiated or defended, why Operating Funds cannot be used, how and when the Reserve Funds will be replaced or the loan will be repaid, and a proposed budget for the litigation. The notice must state that the Owners have a right to review an accounting for the litigation which will be available at the Association’s office. The accounting shall be updated monthly.

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12.1.8 No Preconditions to Board Authority to Pursue Certain Claims.

Notwithstanding Section 12.1.7 above, nothing in this Declaration or the other Governing Documents shall be interpreted to impose any precondition or limitation on the Board’s authority to commence and pursue any of the matters described in California Civil Code Section 5986(b) against a Declarant Party, except as provided in California Civil Code Sections 5986(c) and 6150.

12.2 DELINQUENT ASSESSMENTS.

12.2.1 Delinquency. Assessments are delinquent if not paid within fifteen (15) days after the due date established by the Association. Assessments not paid within thirty (30) days after the due date, plus all reasonable costs of collection (including attorneys’ fees) and late charges bear interest at the maximum rate permitted by law commencing thirty (30) days after the due date until paid. The Association may also require the delinquent Owner to pay a late charge in accordance with California Civil Code Section 5650. The Association need not accept any tender of a partial payment of an Assessment and all costs and attorneys’ fees attributable thereto. Acceptance of any such tender does not waive the Association’s right to demand and receive full payment.

12.2.2 Creation and Release of Lien.
(a) Priority of Lien. All liens levied in accordance with this Declaration shall be prior and superior to (1) any declaration of homestead Recorded after the Recordation of this Declaration, and (2) all other liens, except (A) all taxes, bonds, Assessments and other levies which, by law, would be superior thereto, and (B) the lien or charge of any First Mortgage made in good faith and for value and Recorded before the date on which the “Notice of Delinquent Assessment” (described in this Section) against the assessed Lot was Recorded. (b) Notice Before Creating Lien. Before the Association may place a lien on a Owner’s Lot to collect a past due Assessment, the Association shall send written notice (“Notice of Intent to Lien”), at least thirty (30) days before Recording the lien, to the Owner by certified mail which contains the following information: (1) the Association’s fee and penalty procedure, (2) an itemized statement of the charges owed by the Owner, including the principal owed, any late charges, any interest, the method of calculation, and any attorneys’ fees, (3) the collection practices used by the Association, (4) a statement that the Association may recover reasonable costs of collecting past due Assessments, (5) a statement that the Owner has the right to inspect the Association’s records, pursuant to California Corporations Code Section 8333, (6) the following statement in 14-point boldface type or all capital letters: “IMPORTANT NOTICE: IF YOUR SEPARATE INTEREST IS PLACED IN FORECLOSURE BECAUSE

YOU ARE BEHIND IN YOUR ASSESSMENTS, IT MAY BE SOLD WITHOUT COURT ACTION,” (7) a statement that the Owner shall not be liable to pay the charges, interest and costs of collection if it is determined the Assessment was paid on time to the Association, (8) a statement that the Owner has the right to request a meeting with the Board, as provided by California Civil Code Section 5705(b) and Section 12.2.2(g) below, (9) a statement concerning the Owner’s right to dispute the Assessment debt by submitting a written request for dispute resolution to the Association pursuant to the Association’s “meet and confer” program required in California Civil Code Section 5900, et seq., and (10) a statement concerning the Owner’s right

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to request alternative dispute resolution with a neutral third party pursuant to California Civil Code Section 5925, et seq., before the Association may initiate foreclosure against the Owner’s separate interest, except that binding arbitration shall not be available if the Association intends to initiate a judicial foreclosure.
(c) Dispute Resolution Before Recording Lien. Before Recording a Notice of Delinquent Assessment, the Association shall offer the Owner and, if the Owner so requests, participate in dispute resolution under the Association’s “meet and confer” program. (d) Dispute Resolution Before Foreclosure. Before initiating a foreclosure for delinquent Assessments, the Association shall offer the Owner and, if the Owner so requests, shall participate in dispute resolution under the Association’s “meet and confer” or alternative dispute resolution with a neutral third party. The decision to pursue resolution or a particular type of alternative dispute resolution is the Owner’s choice, except that binding arbitration is not available if the Association intends to initiate a judicial foreclosure. (e) Board Approval. The decision to Record a Notice of
Delinquent Assessment shall be made only by the Board and may not be delegated to an Association agent. The Board must approve the decision by a majority vote of the Board members in an open meeting. The Board shall record the vote in the minutes of that meeting. (f) Dispute by Owner. An Owner may dispute the Notice of Intent to Lien by submitting to the Board a written explanation of the reasons for the Owner’s dispute.

The Board shall respond in writing to the Owner within fifteen (15) days after the date of the postmark of the explanation, if the explanation is mailed within fifteen (15) days after the postmark of the Notice of Intent to Lien.
(g) Owner’s Right to Request Meeting. An Owner may submit a written request to meet with the Board to discuss a payment plan for the debt noticed in Section 12.2.2(b) above. The Association shall provide the Owner with the standards for payment plans, if any exist. The Board shall meet with the Owner in executive session within forty-five (45) days of the postmark of the request, if the request is mailed within fifteen (15) days after the date of the postmark of the Notice of Intent to Lien, unless there is no regularly scheduled Board meeting within that period, in which case the Board may designate a committee of one or more members to meet with the Owner.
(h) Notice of Delinquent Assessment. The lien becomes effective on Recordation by the Board or its authorized agent of a Notice of Delinquent Assessment (“Notice of Delinquent Assessment”) securing the payment of any Assessment or installment thereof levied by the Association against any Lot Owner, as provided in California Civil Code Section 5675. The Notice of Delinquent Assessment must identify (1) the amount of the Assessment and other authorized charges and interest, including the cost of preparing and Recording the Notice of Delinquent Assessment, (2) the amount of collection costs incurred, including reasonable attorneys’ fees, (3) a sufficient description of the Lot that has been assessed, (4) the Association’s name and address, (5) the name of the Owner of the Lot that has been assessed, and (6) if the lien is to be enforced by non-judicial foreclosure, the name and address of the trustee authorized by the Association to enforce the lien by sale. The Notice of

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Delinquent Assessment must be signed by an authorized Association officer or agent and must be mailed in the manner required by California Civil Code Section 2924b to the Owner of record of the Lot no later than ten (10) calendar days after Recordation. The lien relates only to the individual Lot against which the Assessment was levied and not to the Community as a whole. (i) Service on Owner’s Legal Representative. In addition to the requirements of California Civil Code Section 2924, a Notice of Delinquent Assessment shall be served by the Association on the Owner’s legal representative as provided in California Code of Civil Procedure Section 415.10 and following.
(j) Secondary Addresses. Upon receipt of an Owner’s written request identifying a secondary address for purposes of collection notices, the Association shall send an additional copy of any Notice of Intent to Lien, Notice of Delinquent Assessment or other Notice given under Section 12.2.2 to the secondary address provided. The Association shall notify Owners of their right to submit secondary addresses to the Association, when the Association issues its pro forma operating budget under California Civil Code Section 5300.

The Owner’s request must be in writing and mailed to the Association in a manner which indicates the Association has received it. The Owner may identify or change a secondary address at any time, provided that, if a secondary address is identified or changed during the collection process, the Association shall only be required to send Notices to the indicated secondary address from the point the Association receives the request. (k) Exceptions. Assessments described in California Civil Code Section 5725(b) and California Code of Regulations Section 2792.26(c) may not become a lien against an Owner’s Lot enforceable by the sale of the Lot under California Civil Code Sections 2924, 2924b and 2924c.
(l) Release of Lien. Within twenty-one (21) days after payment of the full amount claimed in the Notice of Delinquent Assessment, or other satisfaction thereof, the Board shall cause to be Recorded a Notice of Satisfaction and Release of Lien (“Notice of Release”) stating the satisfaction and release of the amount claimed. The Association shall provide the Owner with a copy of the Notice of Release or any other notice that the full amount claimed in the Notice of Delinquent Assessment has been satisfied. The Board may require the Owner to pay a reasonable charge for preparing and Recording the Notice of Release. Any purchaser or encumbrancer who has acted in good faith and extended value may rely on the Notice of Release as conclusive evidence of the full satisfaction of the sums identified as owed in the Notice of Delinquent Assessment.

12.2.3 Enforcement of Liens. The Board shall enforce the collection of amounts due under this Declaration by one (1) or more of the alternative means of relief afforded by this Declaration, subject to the restrictions in California Civil Code Sections 5705, 5715 and 5720.
(a) The lien on a Lot may be enforced by foreclosure and sale of the Lot after the Owners failure to pay any Assessment, or installment thereof, as provided in this Declaration.

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(b) The decision to initiate foreclosure after Recording a Notice of Delinquent Assessment shall be made only by the Board and may not be delegated to an Association agent. The Board shall approve the decision by a majority vote of the Board members in an executive session. The Board shall record the vote in the minutes of the next Board meeting open to all members. The Board shall maintain the confidentiality of the Owner or Owners by identifying the matter in the minutes by the Lot number, rather than the name of the Owner or Owners. A Board vote to approve foreclosure of a lien shall take place at least thirty (30) days before any public sale.
(c) The Board shall provide notice by personal service to an Owner who occupies the Lot or to the Owner’s legal representative, if the Board votes to foreclose on the Lot. The Board shall provide written notice to an Owner who does not occupy the Lot by first-class mail, postage prepaid, at the most current address shown on the Association’s books.

Unless the Owner provides written notification of a different mailing address to the Association, the address of the Owner’s Lot may be treated as the Owner’s mailing address. (d) The sale shall be conducted in accordance with the provisions of the California Civil Code applicable to the exercise of powers of sale in Mortgages, or in any manner permitted by law. The Association (or any Owner if the Association refuses to act) may sue to foreclose the lien if (1) at least thirty (30) days have elapsed since the date on which the Notice of Delinquent Assessment was Recorded, and (2) at least ten (10) days have elapsed since a copy of the Notice of Delinquent Assessment was mailed to the Owner affected thereby. The Association may bid on the Lot at foreclosure sale, using as a credit bid the amounts secured by its lien plus trustee’s fees and expenses, Association funds, or funds borrowed for such purpose, and acquire and hold, lease, mortgage and convey the same. On completion of the foreclosure sale, the Association or the purchaser at the sale may file suit to secure occupancy of the defaulting Owner’s Lot, and the defaulting Owner shall be required to pay the reasonable rental value for the Lot during any period of continued occupancy by the defaulting Owner or any persons claiming under the defaulting Owner. A nonjudicial foreclosure to collect delinquent Assessments shall be subject to the right of redemption within ninety (90) days after the sale, as provided in California Civil Code Section 5715(b).
(e) A suit to recover a money judgment for unpaid Assessments may be brought without foreclosing or waiving any lien securing the same, subject to the provisions of California Civil Code Section 5655, but this provision or any suit to recover a money judgment does not affirm the adequacy of money damages. Any recovery resulting from a suit at law or in equity initiated pursuant to this Section may include reasonable attorneys’ fees as fixed by the court.

12.2.4 Priority of Assessment Lien. Mortgages Recorded before a Notice of Delinquent Assessment have lien priority over the Notice of Delinquent Assessment. Sale or transfer of any Lot does not affect the Assessment lien, except that the sale or transfer of any Lot pursuant to judicial or non-judicial foreclosure of a First Mortgage extinguishes the lien of such Assessments as to payments which became due before such sale or transfer. No sale or transfer relieves such Lot from liens for any Assessments thereafter becoming due. No Person who obtains title to a Lot pursuant to a judicial or non-judicial foreclosure of the First Mortgage is liable for the share of the Common Expenses or Assessments chargeable to such Lot which

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became due before the acquisition of title to the Lot by such Person. Such unpaid share of Common Expenses or Assessments is a Common Expense collectible from all Owners including such Person. The Association may take such action as is necessary to make any Assessment lien subordinate to the interests of the California Department of Veterans Affairs under its Cal-Vet loan contracts as if the Cal-Vet loan contracts were First Mortgages.

12.2.5 Alternative Dispute Resolution. An Owner may dispute the Assessments imposed by the Association as provided in this Declaration and in California Civil Code Sections 5650, et seq., and 5705. If it is determined through dispute resolution pursuant to the Association’s “meet and confer” program required in this Declaration or alternative dispute resolution with a neutral third party pursuant to California Civil Code Section 5925, et seq., that the Association Recorded a Notice of Delinquent Assessment in error, the Association shall promptly reverse all late charges, fees, interest, attorney’s fees, costs of collection, costs imposed for the Notice prescribed in Section 5660, and costs of Recordation and release of the lien authorized under Section 5720(b) and pay all costs related to the dispute resolution or alternative dispute resolution.

12.2.6 Receivers. In addition to the foreclosure and other remedies granted to the Association in this Declaration, each Owner, by acceptance of a deed to such Owner’s Lot, conveys to the Association all of such Owner’s right, title and interest in all rents, issues and profits derived from and appurtenant to such Lot, subject to the right of the Association to collect and apply such rents, issues and profits to any delinquent Assessments owed by such Owner, reserving to the Owner the right, before any default by the Owner in the payment of Assessments, to collect and retain such rents, issues and profits as they may become due and payable. On any such default, the Association may, on the expiration of thirty (30) days following delivery to the Owner of the “Notice of Delinquent Assessment” described in this Declaration, either in person, by agent or by receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness secured by the lien described in this Declaration, (a) enter in or on and take possession of the Lot or any part thereof, (b) in the Association’s name sue for or otherwise collect such rents, issues and profits, including those past due and unpaid, and (c) apply the same, less allowable expenses of operation, to any delinquencies of the Owner, and in such order as the Association may determine. The entering upon and taking possession of the Lot, the collection of rents, issues and profits and the application thereof, shall not cure or waive any default or notice of default under this Declaration or invalidate any act done pursuant to such notice.

12.2.7 Compliance with Law. To the extent that any provision in this Section 12.2 conflicts with the provisions of the CID Act, the statutory provisions shall control.

12.3 ENFORCEMENT OF BONDED OBLIGATIONS. If (a) the Common Property Improvements in any Phase are not completed before issuance of a Public Report for such Phase by the DRE, and (b) the Association is an obligee under a bond or other arrangement (“Bond”) required by the DRE to secure performance of Declarant’s commitment to complete such Improvements, then the following provisions of this Section will be applicable:

12.3.1 Consideration by the Board. The Board shall consider and vote on the question of action by the Association to enforce the obligations under the Bond with respect

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to any such Improvement for which a Notice of Completion has not been filed within sixty (60) days after the completion date specified for that Improvement in the Planned Construction Statement appended to the Bond. If the Association has given an extension in writing for the completion of any Common Property Improvement, then the Board shall be directed to consider and vote on the aforesaid question if a Notice of Completion has not been filed within thirty (30) days after the expiration of the extension.

12.3.2 Consideration by the Owners. A special meeting of Owners for the purpose of voting to override a decision by the Board not to initiate action to enforce the obligations under the Bond or on the Board’s failure to consider and vote on the question shall be held no fewer than thirty-five (35) nor more than forty-five (45) days after the Board receives a petition for such a meeting signed by Owners representing five percent (5%) of the Association’s total voting power. A vote of a majority of the Association’s voting power (excluding Declarant) to take action to enforce the obligations under the Bond shall be deemed to be the decision of the Association, and the Board shall thereafter implement such decision by initiating and pursuing appropriate action in the Association’s name.

12.4 DISPUTES WITH DECLARANT PARTIES. Any dispute between the Association or any Owners, on the one hand, and the Declarant, or any director, officer, partner, shareholder, member, employee, representative, contractor, subcontractor, design professional or agent of the Declarant (each, a “Declarant Party,” and collectively the “Declarant Parties”), on the other hand, which dispute:
(a) Arises under this Declaration or otherwise relates to the Community including Right to Repair Law Claims and any other claims arising out of or relating to defects in design or construction; and
(b) Involves neither Common Property completion bonds, nor the collection of delinquent Assessments from Declarant; and (c) Does not involve an amount in controversy that is subject to the Small Claims Act (California Code of Civil Procedure Sections 116.110 and following); shall be a “Dispute” for purposes of this Section 12.4.

In accordance with California Civil Code Section 912(f), Owners and the Association are advised that Chapter 4 of the Right to Repair Law at California Civil Code Sections 910 to 938 establish a non-adversarial procedures for the resolution of matters governed by the Right to Repair Law (“Statutory Nonadversarial Procedure”) which impacts the legal rights of Owners and the Association. Pursuant to California Civil Code Sections 912(f) and 914, Owners and the Association are hereby notified that the Declarant intends to engage in its own alternative nonadversarial contractual procedure described in Sections 12.4.1, 12.4.2 and 12.4.3 below (“Alternative Nonadversarial Contractual Procedure”), for the resolution of matters governed by the Right to Repair Law, any other claims arising out of or relating to defects in design or construction, and all other matters satisfying the definition of “Dispute” above. The Declarant’s procedures are different from and are in lieu of the “Statutory Nonadversarial Procedure” described in Chapter 4 of the Right to Repair Law. Therefore, all Disputes shall be resolved in

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accordance with the following Alternative Nonadversarial Contractual Procedure, and if not resolved thereby, then submitted to binding arbitration as described in Sections 12.4.4 below, instead of a jury trial.

12.4.1 Notice. Any Person with a Dispute shall give written notice of the Dispute by personal or mail service as authorized by California Code of Civil Procedure Sections 415.10, 415.20, 415.21, 415.30 or 415.40 to the party to whom the Dispute is directed (“Respondent”) describing the nature of the Dispute and any proposed remedy (the “Dispute Notice”).

12.4.2 Right to Inspect and Correct. Commencing on the date the Dispute Notice is delivered to the Respondent and continuing until the Dispute is resolved, the Respondent and its representatives have the right to (a) meet with the party alleging the Dispute at a reasonable time and place to discuss the Dispute, (b) enter the Community to inspect any areas that are subject to the Dispute, and (c) conduct inspections and testing (including destructive or invasive testing) in a manner deemed appropriate by the Respondent. If Respondent elects to take any corrective action, Respondent and its representatives shall be provided full access to the Community to take and complete the corrective action. Respondent is not obligated to take any corrective action. Respondent, with the consent of Declarant, has the right to select the corrective action Respondent believes is appropriate. The right to inspect and correct granted in this Section is in addition to the rights granted in the Calderon Act at California Civil Code Section 6000 that may be applicable. The procedures established in the Calderon Act, when applicable, may be implemented before, during or after the procedure in this Section is implemented.

12.4.3 Mediation. If the Dispute is not resolved within ninety (90) days after the Respondent receives the Dispute Notice, any party may submit the Dispute to mediation by delivering a request for mediation (a “Mediation Notice”) in the same manner as allowed for delivery of the Dispute Notice. The Dispute shall be mediated pursuant to (a) JAMS (Judicial Arbitration and Mediation Services) mediation procedures in existence when the Dispute Notice is delivered, as modified by this Section, or (b) the mediation procedures of any successor to JAMS in existence when the Dispute Notice is delivered, as modified by this Section, or (c) mediation procedures approved by the parties of any entity offering mediation services that are acceptable to the parties to the Dispute (each, a “Party” and collectively, the “Parties”). (a) Selection of Mediator. The mediator shall be selected within sixty (60) days from delivery of the Mediation Notice. The mediator shall be selected by mutual agreement of the Parties. If the Parties cannot agree on a mediator, the mediator shall be selected by the entity providing the mediation service. No Person shall serve as a mediator in any Dispute in which the Person has any financial or personal interest in the result of the mediation, except by the written consent of all Parties. Before accepting any appointment, the prospective mediator shall disclose any circumstances likely to create a presumption of bias or to prevent a prompt commencement of the mediation process.
(b) Position Letter; Pre-Mediation Conference. No later than sixty (60) days after selection of the mediator, each Party to the Dispute shall submit a letter (a “Position Statement”) containing (1) a description of the Party’s position concerning the issues

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that need to be resolved, (2) a detailed description of the defects allegedly at issue, and (3) a suggested plan of repair, remediation, correction, or resolution of the Dispute. The mediator may schedule a pre-mediation conference. All Parties shall attend unless otherwise mutually agreed.

The mediation shall be commenced within twenty (20) days after submittal of all Position Statements and shall be concluded within fifteen (15) days after the mediation began unless the Parties mutually agree to extend the mediation period. The mediation shall be held in the County or another place mutually acceptable to the Parties.
(c) Conduct of Mediation. The mediator has discretion to conduct the mediation in the manner in which the mediator believes is most appropriate to achieve the goal of settling the Dispute. The mediator is authorized to conduct joint and separate meetings with the Parties and to make oral and written recommendations for settlement. The mediator may also obtain expert advice concerning technical aspects of the Dispute, provided the Parties agree to and do assume the expenses of obtaining such advice. The mediator shall not have the authority to impose a settlement on the Parties.
(d) Application of Evidence Code. The provisions of California Evidence Code Sections 1115 through 1128 shall be applicable to the mediation process. Use and disclosure of statements, evidence and communications offered or made in the course of the mediation shall be governed by these sections, including the sections which preclude use of material in future proceedings and the sections which provide for confidentiality of material. (e) Parties Permitted at Mediation. Persons other than the Parties, their liability insurers, Declarant, attorneys for the Parties and the mediator may attend mediation sessions only with the permission of the Parties and the consent of the mediator. Declarant has the right to attend the mediation session even if Declarant is not one of the Parties. (f) Record. There shall be no stenographic, video or audio record of the mediation process.
(g) Expenses. Each Party shall bear its own attorneys’ fees and costs incurred in connection with the mediation. All other expenses of the mediation including the fees charged by the mediator and the cost of any proof or expert advice requested by the mediator shall be borne equally by each of Declarant and the Declarant Parties to whom the Dispute is directed, unless the Parties agree otherwise. This provision does not modify any provision of a contract between Declarant and any Declarant Party requiring indemnification or establishing a different allocation of costs between the Declarant and the Declarant Party.

12.4.4 Binding Arbitration. If a Dispute remains unresolved after the mediation required by Section 12.4.3 is completed, then such Dispute shall be submitted to neutral binding arbitration. ARBITRATION SHALL BE MANDATORY AND BINDING,

AND SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT AND THE

CALIFORNIA ARBITRATION ACT (TO THE EXTENT IT IS CONSISTENT WITH THE

FEDERAL ARBITRATION ACT), AND CONDUCTED SUBJECT TO THE FOLLOWING PROCEDURES.

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(a) Selection of Arbitrator. Any Dispute subject to this Section

12.4.4 shall be submitted to neutral binding arbitration by and pursuant to the arbitration rules and procedures of JAMS (Judicial Arbitration and Mediation Services) in effect at the time the request for arbitration is submitted. If JAMS is for any reason unwilling or unable to serve as the arbitration service, the Parties shall select another reputable arbitration service mutually acceptable to all Parties. Nothing herein shall prevent the Parties from agreeing to use an alternative arbitration service. If the Parties are unable to agree on an alternative service, then any Party may petition any court of competent jurisdiction in the County to appoint such an alternative service, which appointment shall be binding on the Parties. Such arbitration shall be conducted pursuant to the rules and procedures of such alternative service in effect at the time the request for arbitration is submitted.
(b) Federal Arbitration Act. Disputes subject to arbitration under this Section 12.4.4 involve and concern interstate commerce and are governed by the provisions of the Federal Arbitration Act (9 U.S.C. §1, et seq.), to the exclusion of any different or inconsistent state or local law, ordinance, regulation, or judicial rule. (c) Benefitted Parties. The arbitration provisions in this Section

12.4.4(c) shall inure to the benefit of, and be enforceable by the Declarant Parties and each of their contractors, subcontractors, agents, vendors, suppliers, design professionals, insurers and any other person whom the applicable claimant may contend is responsible for any alleged loss, liability or damages incurred by the claimant as a result of the circumstances relating to such Dispute.
(d) Attorney’s Fees. If any Dispute is submitted to arbitration, each Party shall bear its own attorneys’ fees and costs (including expert costs) for the arbitration. (e) Remedies. The arbitrator is authorized to provide all recognized remedies available in law or in equity for any cause of action that is the basis of the arbitration; however, the arbitrator shall have no power to grant any remedy not available to a judge of the Superior Court of the State of California under California law or equity. (f) Decision. The decision of the arbitrator is final and binding; provided, however, that the arbitrator shall not have the power to commit errors of law or legal reasoning, and the award may be vacated or corrected for any such error on appeal to a court of competent jurisdiction in the County. Any application to confirm, vacate, modify, or correct an award rendered by the arbitrator shall be filed in any court of competent jurisdiction in the County.
(g) Choice of Law. To the extent that any state or local law, ordinance, regulation, or judicial rule is inconsistent with any provision of the rules of the arbitration service under which the arbitration proceeding shall be conducted, the latter rules shall govern the conduct of the proceeding.
(h) Other Proceedings. The participation by any Party in any judicial proceeding concerning this arbitration provision or any arbitrable issue hereunder shall

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not be asserted or accepted as a reason to delay, to refuse to participate in, or to refuse to enforce this arbitration agreement.
(i) Expenses. The fees to initiate the arbitration shall be advanced by the Declarant and any Declarant Party. Subsequent fees and costs of the arbitration and/or the arbitrator shall be borne equally by the Parties to the arbitration; provided, however, that the fees and costs of the arbitration and/or the arbitrator ultimately shall be borne as determined in the discretion of the arbitrator. This provision does not modify any provision of a contract requiring indemnification or establishing a different allocation of costs between the Parties. (j) Arbitrator. The arbitrator appointed to serve shall be a neutral and impartial individual. The arbitrator shall be a retired Judge or attorney licensed in the State of California with at least fifteen (15) years of experience in design and construction issues. (k) Venue. The venue of the arbitration shall be in the County unless the Parties agree in writing to another location. (l) Severability. If any provision of this Section 12.4.4 is determined to be unenforceable or to have been waived, the remaining provisions shall be deemed to be severable therefrom and enforceable according to their terms. (m) Self-Executing. This arbitration provision is self-executing.

Any Dispute concerning the interpretation or the enforceability of the arbitration provisions in this Section 12.4.4, including its revocability or voidability for any cause, any challenges to the enforcement or the validity hereof, or the scope of arbitrable issues hereunder, and any defense relating to the enforcement of the arbitration agreement set forth in this Section 12.4.4, including, waiver, estoppel, or laches, shall be decided by an arbitrator in accordance with this arbitration provision and not by a court of law.
(n) AGREEMENT. BY TAKING TITLE TO ALL OR ANY

PORTION OF THE COMMUNITY, THE ASSOCIATION AND EACH OWNER ARE

DEEMED TO AGREE TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS SECTION 12.4.4 DECIDED BY NEUTRAL ARBITRATION IN

ACCORDANCE WITH THE FEDERAL ARBITRATION ACT AND THE CALIFORNIA

ARBITRATION ACT (TO THE EXTENT THE CALIFORNIA ARBITRATION ACT IS CONSISTENT WITH THE FEDERAL ARBITRATION ACT). ACKNOWLEDGEMENT OF

THE FOREGOING IS A CONDITION TO CONVEYANCE OF TITLE TO ANY PORTION OF THE COMMUNITY TO SUCH PARTICIPANT. BY TAKING TITLE TO ANY PORTION OF THE COMMUNITY SUBJECT TO THIS SECTION 12.4.4, A PARTY IS

DEEMED TO HAVE AGREED TO GIVE UP ANY RIGHTS SUCH PARTY MIGHT

POSSESS TO HAVE ANY DISPUTES SUBJECT HERETO LITIGATED IN A COURT OR

JURY TRIAL, AS WELL AS THEIR RESPECTIVE JUDICIAL RIGHTS TO DISCOVERY AND APPEAL. IF ANY SUCH PARTY REFUSES TO SUBMIT TO ARBITRATION AFTER

TAKING TITLE TO ANY PORTION OF THE COMMUNITY AND AGREEING, IN

CONNECTION THEREWITH, TO THE FOREGOING PROVISIONS, SUCH PARTY MAY

BE COMPELLED TO ARBITRATE UNDER THE FEDERAL ARBITRATION ACT AND

THE CALIFORNIA ARBITRATION ACT (TO THE EXTENT THE CALIFORNIA

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ARBITRATION ACT IS CONSISTENT WITH THE FEDERAL ARBITRATION ACT). BY

EXECUTING ANY GRANT DEED OR OTHER INSTRUMENT CONVEYING ANY

PORTION OF THE COMMUNITY, THE GRANTEE THEREIN SHALL BE DEEMED TO

ACKNOWLEDGE THAT ITS AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.

12.4.5 Judicial Reference. If for any reason the arbitration provisions included in Section 12.4.4 are unenforceable, then Disputes must be resolved by general judicial reference pursuant to California Code of Civil Procedure Sections 638 and 641 through 645.1, as modified by this Section 12.4.5. The Parties shall cooperate in good faith to ensure that all necessary and appropriate parties are included in the judicial reference proceeding. No Party shall be required to participate in the judicial reference proceeding if all Parties against whom such Party would have necessary or permissive cross-claims or counterclaims will not or cannot be joined in the judicial reference proceeding. The general referee shall have the authority to try all issues of fact and law and to report a statement of decision to the court. The referee shall be the only trier of fact and law in the reference proceeding, and shall have no authority to further refer any issues of fact or law to any other Person unless all Parties to the judicial reference proceeding consent, or the referee determines that a conflict of interest or similar situation has arisen which would make it inappropriate for the referee to act as the trier of fact or law concerning an issue or matter. In the second alternative, an alternative judicial referee shall be selected in accordance with Section 12.4.5(b) solely for resolving or rendering a decision concerning the issue or matter involved in the conflict. (a) Place. The proceedings shall be heard in the County. (b) Referee. The referee shall be a retired judge who served on the Superior Court of the State of California in the County with substantial experience in the type of matter in dispute and without any relationship to the Parties or interest in the Community, unless the Parties agree otherwise. The Parties to the judicial reference proceeding shall meet to select the referee no later than thirty (30) days after service of the initial complaint on all defendants named in the complaint. Any dispute regarding the selection of the referee shall be resolved by the court in which the complaint is filed.
(c) Commencement and Timing of Proceeding. The referee shall commence the proceeding at the earliest convenient date and shall conduct the proceeding without undue delay.
(d) Pre-hearing Conferences. The referee may require pre-hearing conferences.
(e) Discovery. The Parties to the judicial reference proceeding shall be entitled only to limited discovery, consisting of the exchange of the following:
(i) witness lists, (ii) expert witness designations, (iii) expert witness reports, (iv) exhibits, (v) reports of testing or inspections, and (vi) briefs. Any other discovery authorized in the California Code of Civil Procedure shall be permitted by the referee upon a showing of good cause or based on the consent of all Parties to the judicial reference proceeding.

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(f) Motions. The referee shall have the power to hear and dispose of motions, including motions relating to discovery, provisional remedies, demurrers, motions to dismiss, motions for judgment on the pleadings and summary judgment and/or adjudication motions, in the same manner as a trial court judge. The referee shall also have the power to adjudicate summarily issues of fact or law including the availability of remedies whether or not the issue adjudicated could dispose of an entire cause of action or defense. (g) Record. A stenographic record of the hearing shall be made which shall remain confidential except as may be necessary for post-hearing motions and any appeals.
(h) Statement of Decision. The referee’s statement of decision shall contain an explanation of the factual and legal basis for the decision pursuant to California Code of Civil Procedure Section 632. The decision of the referee shall stand as the decision of the court, and upon filing of the statement of decision with the clerk of the court, judgment may be entered thereon in the same manner as if the matter had been tried by the court. (i) Remedies. The referee may grant all legal and equitable remedies and award damages in the judicial reference proceeding. (j) Post-hearing Motions. The referee may rule on all posthearing motions in the same manner as a trial judge. (k) Appeals. The decision of the referee shall be subject to appeal in the same manner as if the matter had been tried by the court under California Code of Civil Procedure Section 645.
(l) Expenses. Each Party shall bear its own attorneys’ fees and costs incurred in connection with the judicial reference proceeding. All other fees and costs incurred in connection with the judicial reference proceeding, including the cost of the stenographic record, shall be advanced equally by each of Declarant and the Declarant Parties to whom the Dispute is directed. However, the referee shall have the power to reallocate such fees and costs among the Parties in the referee’s final ruling. This provision does not modify any provision of a contract between Declarant and any Declarant Party requiring indemnification or establishing a different allocation of costs between the Declarant and the Declarant Party.

12.4.6 Statutes of Limitation. Nothing in this Section 12.4 shall be considered to toll, stay, reduce or extend any applicable statute of limitations; provided, however, that Declarant, the Declarant Parties, the Association and any Owner may begin a legal action which in the good faith determination of that Person is necessary to preserve that Person’s rights under any applicable statute of limitations as long as no further steps in processing the action are taken except those authorized in this Section 12.4.

12.4.7 Agreement to Dispute Resolution; Waivers of Jury Trial.

DECLARANT, THE ASSOCIATION AND EACH OWNER AGREE TO USE THE PROCEDURES ESTABLISHED IN THIS SECTION 12.4 TO RESOLVE ALL DISPUTES AND WAIVE THEIR RIGHTS TO RESOLVE DISPUTES IN ANY OTHER MANNER.

DECLARANT, THE ASSOCIATION AND EACH OWNER ACKNOWLEDGE THAT BY

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AGREEING TO RESOLVE ALL DISPUTES AS PROVIDED IN THIS SECTION 12.4, THEY ARE GIVING UP THEIR RIGHT TO HAVE DISPUTES TRIED BEFORE A JURY. THIS SECTION 12.4 MAY NOT BE AMENDED WITHOUT DECLARANT’S PRIOR WRITTEN CONSENT.

12.5 COVENANT REGARDING PROCEEDS. If the Association or any Owner prevail in a Dispute, and the judgment thereon or settlement terms thereof includes a monetary award, then the proceeds of the award shall be first applied to the remediation of the condition that gave rise to the Dispute.

12.6 APPROVAL OF AMENDMENTS. No amendment may be made to Sections

12.4, 12.5 or 12.6 without the prior written approval of Declarant.

ARTICLE XIII

DURATION AND AMENDMENT

13.1 DURATION. This Declaration shall continue in full force unless a declaration of termination satisfying the requirements of an amendment to this Declaration established in Section 13.2 is Recorded.

13.2 TERMINATION AND AMENDMENT.

13.2.1 Amendment Approval. Notice of the subject matter of a proposed amendment to this Declaration, a Notice of Addition or a Supplemental Declaration in reasonably detailed form must be included in the notice of any Association meeting or election at which a proposed amendment is to be considered. To be effective, a proposed amendment (other than amendment or termination by Declarant as described in Section 13.2.7(a) or minor corrections by Declarant or by the Board, as described in Sections 13.2.7(b) or 13.2.8 respectively) must be adopted by the vote, in person or by proxy, or written consent of Owners representing not less than (a) sixty-seven percent (67%) of the voting power of each Class of the Association and (b) sixty-seven percent (67%) of the Association’s voting power represented by Owners other than Declarant. If, however, the provision being considered for amendment requires amendment approval by a higher percentage of the voting power than that specified in this Section, then the proposed amendment shall not be adopted unless approved by such higher percentage of the voting power. So long as Declarant has the right to appoint a majority of the members of the Board, and the VA or FHA is making or insuring a Mortgage in the Community, the prior approval of the VA or FHA (whichever is making or insuring a Mortgage) is required for any amendment to the Declaration for the purpose of terminating the Declaration, dissolving the Association (except pursuant to merger or consolidation) or conveying all of the Common Area.

13.2.2 Mortgagee Consent. In addition to the consents required by Section 13.2.1, the Mortgagees of fifty-one percent (51%) of the First Mortgages on all the Lots in the Community who have requested the Association notify them of proposed action requiring the consent of a specified percentage of First Mortgagees must approve any amendment which is of a material nature, as follows:

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(a) Any amendment which affects or purports to affect the validity or priority of Mortgages or the rights or protection granted to Mortgagees, insurers or guarantors of First Mortgages.
(b) Any amendment which would require a Mortgagee after it has acquired a Lot through foreclosure to pay more than its proportionate share of any unpaid Assessment or Assessments accruing before such foreclosure. (c) Any amendment which would or could result in a Mortgage being canceled by forfeiture, or in a Lot not being separately assessed for tax purposes. (d) Any amendment relating to (i) the insurance provisions in Article 8, (ii) the application of insurance proceeds in Article 9, or (iii) the disposition of any money received in any taking under condemnation proceedings. (e) Any amendment which would restrict an Owner’s right to sell or transfer his or her Lot.
(f) Any amendment which would subject any Owner to a right of first refusal or other such restriction, if such Lot is proposed to be transferred.

13.2.3 Amendment of Right to Repair Law Provisions. Except for any amendment made by Declarant as authorized in Section 13.2.7, neither this Section 13.2.3 nor Sections 1.1.44, 1.1.65, 1.1.66, 2.1.1, 2.1.2, 2.1.3, 3.22, 4.2.7, 4.5, 12.1.7, 12.4, 13.2.7, 13.2.8 or

15.7 may be amended without the prior written approval of Declarant until the expiration of all applicable statutes of limitation or repose for the filing of a complaint or suit or other legal remedies against Declarant or its affiliates under the Right to Repair Law (including tolling periods).

13.2.4 Termination Approval. Termination of this Declaration requires approval of the Owners as provided in Section 13.2.1, and until the expiration of all applicable statutes of limitation or repose for the filing of a complaint or suit or other legal remedies against Declarant or its affiliates under the Right to Repair Law (including tolling periods), the prior written approval of Declarant.

13.2.5 Notice to Mortgagees. Each Mortgagee of a First Mortgage on a Lot in the Community which receives proper written notice of a proposed amendment or termination of this Declaration, any Notice of Addition or any Supplemental Declaration with a return receipt requested is deemed to have approved the amendment or termination if the Mortgagee fails to submit a response to the notice within sixty (60) days after the Mortgagee receives the notice.

13.2.6 Certificate. A copy of each amendment must be certified by at least two (2) Association officers. The amendment becomes effective when a Certificate of Amendment is Recorded. The certificate, signed and sworn to by two (2) Association officers that the requisite number of Owners and Mortgagees have approved the amendment, when Recorded, is conclusive evidence of that fact. The Association shall keep in its files for at least four (4) years the record of all such approvals. The certificate reflecting any termination or

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amendment which requires the written consent of any of the Mortgagees of First Mortgages must include a certification that the requisite approval of such First Mortgagees was obtained.

13.2.7 Amendment or Termination by Declarant.
(a) Before First Closing. Notwithstanding any other provisions in this Article, (i) Declarant may unilaterally amend or terminate this Declaration for any purpose, until the first Close of Escrow in the Community, and (ii) Declarant may unilaterally amend or terminate a Notice of Addition or Supplemental Declaration for any purpose, until the first Close of Escrow in the real property affected by the Notice of Addition or Supplemental Declaration to be amended or terminated. Amendment or termination shall not be effective until Declarant has Recorded in the Official Records an instrument signed and acknowledged by Declarant. (b) Minor Corrections. Notwithstanding any other provisions of this Article, Declarant (as long as Declarant owns any portion of the Community or the Annexable Territory) may unilaterally amend this Declaration, a Notice of Addition or a Supplemental Declaration by Recording a written instrument signed by Declarant to:
(i) Conform to the rules, regulations or requirements of FHFA, VA, FHA, DRE, Fannie Mae, Ginnie Mae, Freddie Mac or the County or City; (ii) Amend, replace or substitute any exhibit to correct typographical or engineering errors;
(iii) Include any exhibit that was inadvertently omitted at the time of Recording;
(iv) Comply with any City, County, State, or Federal laws or regulations;
(v) Correct typographical errors in any provision thereof; (vi) Supplement this Declaration, a Notice of Addition, or a Supplemental Declaration with provisions which pertain to rights and obligations of Declarant, the Association or Owners arising under the Right to Repair Law; (vii) Re-Phase any portion of the Community; and
(viii) Change any exhibit or provision of this Declaration, Notice of Addition, or Supplemental Declaration to conform to as-built conditions.

Nothing in this Section 13.2.7 may be amended or terminated without the prior written approval of Declarant until the expiration of all applicable statutes of limitation or repose for the filing of a complaint or suit or other legal remedies against Declarant or its affiliates under the Right to Repair Law (including tolling periods).

13.2.8 Minor Corrections by the Board. The Board may amend this Declaration, a Notice of Addition or a Supplemental Declaration for the reasons stated in parts

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(2), (3), (4), (5), or (8) of Section 13.2.7(b) above by Recording a written instrument signed by two officers of the Association certifying that the Board approved the amendment for the purposes described therein. However, until the end of all applicable statutes of limitation or repose for the filing of a complaint or suit or other legal remedies against Declarant or its affiliates under the Right to Repair Law (including tolling periods), the Board must obtain the prior written approval of Declarant to any amendment approved by the Board, or any other amendment by the Board or Association that affects the rights of Declarant under the Right to Repair Law, this Declaration or any Supplemental Declaration or Notice of Addition, or for any amendment by the Board concerning matters discussed in Article 3 or Article 15.

13.2.9 City Approval to Amend. Notwithstanding any provisions of Section 13.2 concerning amendment of this Declaration by Declarant or by the Association, its Board and members, no provisions of this Declaration shall be amended in any way that modifies the maintenance and management requirements of the Association in accordance with the Conditions of Approval, unless such proposed amendment has obtained the prior written consent of the City Manager or their designee.

ARTICLE XIV

GENERAL PROVISIONS

14.1 MERGERS OR CONSOLIDATIONS. In a merger or consolidation of the Association with another association, the property, rights and obligations of the Association may, by operation of law, be transferred to another surviving or consolidated association or, alternatively, the property, rights and obligations of another association may, by operation of law, be added to the property, rights and obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consolidated association may administer and enforce the covenants, conditions and restrictions established by this Declaration governing the Community, together with the covenants and restrictions established on any other property, as one (1) plan. Any such merger or consolidation requires the prior written approval of the VA.

14.2 NO PUBLIC RIGHT OR DEDICATION. Nothing in this Declaration is a gift or dedication of all or any part of the Community to the public, or for any public use.

14.3 NOTICES. Except as otherwise provided in this Declaration, notice to be given to an Owner must be in writing and may be delivered personally to the Owner. Personal delivery of such notice to one (1) or more co-Owners, or any general partner of a partnership owning a Lot, constitutes delivery to all Owners. Personal delivery of such notice to any officer or agent for the service of process on a corporation or limited liability company constitutes delivery to the corporation or limited liability company. Such notice may also be delivered by regular United States mail, postage prepaid, addressed to the Owner at the most recent address furnished by such Owner to the Association or, if no such address has been furnished, to the street address of such Owner’s Lot. Such notice is deemed delivered three (3) business days after the time of such mailing, except for notice of a meeting of Owners or of the Board, in which case the notice provisions of the Bylaws control. Any notice to be given to the Association may be delivered personally to any member of the Board, or sent by United States mail, postage prepaid, addressed to the Association at such address as may be fixed and circulated to all Owners.

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14.4 CONSTRUCTIVE NOTICE AND ACCEPTANCE. Every Person who owns, occupies or acquires any right, title, estate or interest in or to any Lot or other portion of the Community consents and agrees to every limit, restriction, easement, reservation, condition and covenant contained in this Declaration, whether or not any reference to these restrictions is in the instrument by which such Person acquired an interest in the Community. As soon as practicable before sale or transfer of title to a Lot or other separate interest in the Community or execution of a real property sales contract therefor, the Owner of the Lot or other separate interest shall provide to the purchaser copies of the Governing Documents listed in California Civil Code Section 4525 and its successor statutes.

ARTICLE XV
DECLARANT’S RIGHTS AND RESERVATIONS
If there is a conflict between any other portion of the Governing Documents and this Article, this Article shall control.

15.1 CONSTRUCTION RIGHTS. Until Declarant no longer owns any portion of the Community or the Annexable Territory, Declarant has the right, without obtaining the approval of the Association, to (a) subdivide or re-subdivide the portions of the Community owned by Declarant, (b) complete or modify Improvements in the Common Area, or in any portion of the Community or Annexable Territory that is owned or leased solely or partially by Declarant, (c) alter Improvements and Declarant’s construction plans and designs, (d) modify Declarant’s development plan for the Community and the Annexable Territory, including designating and redesignating Phases, reshaping the Lots and Common Area, and constructing dwellings of larger or smaller sizes, values, and of different types, (e) modify, extend, postpone or terminate the annexation of any or all of the Annexable Territory, or the completion of the Community, for any purpose, including changed economic conditions, changes in Declarant’s business plans or other factors determined by Declarant in its sole discretion, and (f) construct additional or different Improvements, all as Declarant considers advisable in the course of development of the Community. Declarant may temporarily erect barriers, close off and restrict access to portions of the Common Area as reasonably necessary to allow Declarant to exercise the rights reserved in this Section so long as an Owner’s access to that Owner’s Lot is not eliminated.

15.2 SALES AND MARKETING RIGHTS. Declarant shall have the following rights related to sales and marketing, all of which may be exercised unilaterally by Declarant in Declarant’s sole discretion. The rights reserved in this Section will terminate on the date of the last Close of Escrow for sale of a Lot in the Community and Annexable Territory.

15.2.1 Marketing and Sales Facilities. Declarant’s rights under this Declaration include the right to install and maintain such structures, displays, signs, billboards, flags and sales offices in the Community, and the right to use any land, Lots or mobile homes owned or leased by Declarant in the Community for model home purposes, or for the operation of real estate sales offices or leasing offices, all as may be reasonably necessary to conduct the business of completing construction and disposing of the Lots by sale, resale, lease or otherwise.

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15.2.2 Use of Common Area. Declarant reserves for its benefit, and for the benefit of its prospective purchasers of Lots who are entitled to the nonexclusive use of the Common Area owned in fee simple by the Association, without further cost for access, ingress, egress, use or enjoyment, the right to (a) show the Community to prospective purchasers, (b) dispose of the Community as provided in this Declaration, and (c) develop and sell the Annexable Territory. Declarant, its employees, agents and prospective purchasers are also entitled to the nonexclusive use of trails, drives and walkways for ingress, egress and vehicle parking as necessary in connection with the marketing and sale of the Lots. Neither Declarant, nor its employees, agents nor prospective purchasers shall make any use of the Common Area that will unreasonably interfere with the use and enjoyment thereof by the Owners.

15.3 CREATING ADDITIONAL EASEMENTS. At any time before the Close of Escrow for a Lot, Declarant reserves the right to establish on that Lot additional licenses, easements, reservations and rights-of-way to itself, to utility companies, or to others as Declarant determines are reasonably necessary to the proper development and disposal of the Community and Annexable Territory.

15.4 ARCHITECTURAL RIGHTS. Declarant and any Person to whom Declarant may assign all or a portion of its exemption under this Declaration need not seek or obtain Design Review Committee approval of any Improvements constructed anywhere on the Community by Declarant or such Person. Declarant may exclude portions of the Community from jurisdiction of the Design Review Committee in the applicable Notice of Addition or Supplemental Declaration. Declarant, may, at its option, establish an additional design review committee for any area exempted from the jurisdiction of the Design Review Committee.

15.5 DECLARANT EXEMPTION. Declarant is exempt from the application of Article 2 of this Declaration and from all other restrictions on the use and enjoyment of real property and all maintenance covenants that are established for Owners under this Declaration, or in a Notice of Addition, a Supplemental Declaration or in any other Governing Documents, except to the extent that a particular provision expressly includes Declarant among the parties covered thereby.

15.6 ASSIGNMENT OF RIGHTS. Declarant may assign any or all of its rights and exemptions under this Article 15, and any other Declarant rights, exemptions, appointment powers, veto powers or easements in the Governing Documents to any successor in interest to any portion of Declarant’s interest in the Community by a Recorded written assignment.

15.7 AMENDMENT. No amendment may be made to this Article without the prior written approval of Declarant.

15.8 POWER OF ATTORNEY. Each Owner of a Lot in the Community, by accepting a deed to a Lot, shall be deemed to have:

15.8.1 Agreed and acknowledged that neither the Owners nor the Association own any interest in the Annexable Territory, which may be developed, if at all, by Declarant in its sole and absolute discretion and in accordance with Declarant’s development plans; and

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15.8.2 Constituted and irrevocably appointed Declarant, for so long as Declarant owns all or any portion of the Annexable Territory, as his Attorney-in-Fact, for himself and each of his Mortgagees, optionees, grantees, licensees, trustees, receivers, lessees, tenants, judgment creditors, heirs, legatees, devisees, administrators, executors, legal representatives, successors and assigns, whether voluntary or involuntary, and thereby to have conveyed a Power of Attorney coupled with an interest to Declarant as his Attorney in Fact to prepare, execute, acknowledge and Record any instrument for all or any portion of the Annexable Territory. However, nothing set forth herein shall be deemed or construed as an agreement by Declarant that any Owner shall be entitled to any participation in or discretion over the preparation and Recordation of an instrument for all or any portion of the Annexable Territory. The acceptance or creation of any Mortgage or other encumbrance, whether or not voluntary, created in good faith, or given for value, shall be deemed to be accepted or created subject to each of the terms and conditions of the Power of Attorney described in this Section.

15.9 COOPERATION AND PARTICIPATION.

15.9.1 Notice of Transfers; Other Notices. Until the date of expiration of all applicable statutes of limitations or repose for the filing of a complaint or suit or other legal remedies against Declarant by the Association under the Right to Repair Law (including any tolling periods), the Association shall provide Declarant with written notice of the transfer of any Lot and all notices and other documents to which a Mortgagee is entitled pursuant to this Declaration, provided that Declarant shall not be required to make written request for such notices and other documents.

15.9.2 Observation of Open Meetings. In furtherance of Declarant’s rights and the performance of the obligations of Declarant, the Association and Owners under the Right to Repair Law, Declarant shall have the right to observe and speak at open meetings of the Board in accordance with this Section 15.9.2.
(a) Attendance and Limited Participation. Commencing on the date on which Declarant no longer has a representative on the Board, and continuing until the date of expiration of all applicable statutes of limitations or repose for the filing of a complaint or suit or other legal remedies against Declarant by the Association under the Right to Repair Law (including any tolling periods):
(i) The Association shall provide Declarant with written notice of all meetings of the Board that any Owner is entitled to attend (each, an “Open Meeting”), as if Declarant was an Owner;
(ii) Declarant shall be entitled to have its representatives attend all Open Meetings and speak (during the Owner comment period) on matters governed by the Right to Repair Law, including maintenance and repair of Common Property and the Lots and Improvements thereon; and
(iii) Declarant representatives shall be entitled to receive copies of the minutes, proposed minutes and summary minutes of all Open Meetings and meetings of members, as well as copies of books, financial records, Governing Documents, or

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maintenance records, upon request for, and reimbursement of, the actual costs to copy and mail such materials.
(b) Rights of Board. Notwithstanding the foregoing, the Board shall have the unilateral right to exclude Declarant and its representatives from any Open Meeting or portion thereof, and to decline to provide Declarant or its representatives with minutes, proposed minutes or summary minutes if, in the good faith judgment of the Board, the presence of Declarant or its representatives at an Open Meeting, or delivery of minutes to Declarant or its representatives would not be in the best interest of the Association. Such determination may be made if:
(i) the presence of Declarant or its representatives at an Open Meeting or portion thereof would adversely affect the attorney-client privilege between the Association and its counsel; or
(ii) Declarant or its representatives would have access to confidential information received or developed by the Association or its consultants. (c) Further Limitations. This Section creates no right in representatives of Declarant to attend executive sessions of the Board or to participate in deliberations by the Board. Declarant representatives shall attend any Open Meeting they are permitted to attend under this Section 15.9.2 in an observer capacity only, and they shall not have any right to vote on matters coming before the Board.

15.10 DECLARANT APPROVAL OF ACTIONS.

15.10.1 General Rights. Until Declarant no longer owns a portion of the Community or the Annexable Territory, Declarant’s prior written approval is required for any amendment to the Governing Documents which would impair or diminish Declarant’s right to complete the Community or the Annexable Territory or sell or lease dwellings therein.

15.10.2 Limit on Actions. Until the expiration of all applicable statutes of limitations or repose for the filing of a complaint or suit or other legal remedies against Declarant under the Right to Repair Law (including any tolling periods), the following actions, before being undertaken by the Association, must first be approved in writing by Declarant:
(a) Any amendment or action requiring the approval of First Mortgagees;
(b) The annexation to the Community of real property other than the Annexable Territory pursuant to Section 16.2;
(c) The levy of a Capital Improvement Assessment for the construction of new facilities not constructed on the Common Area by Declarant; (d) Any significant reduction of Association maintenance or other services; or

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(e) Any modification or termination of any provision of the Governing Documents benefiting Declarant.

15.11 MARKETING NAME. The Community shall be marketed under the general name “Heritage Oaks.” Declarant may change the marketing name of the Community or designate a different marketing name for any Phase at any time in Declarant’s sole discretion.

Declarant shall notify the DRE of any change in or addition to the marketing name or names of the Community or any Phase.

ARTICLE XVI

ANNEXATION OF ADDITIONAL PROPERTY
Additional real property may be annexed to the Community and become subject to this Declaration by any of the following methods:

16.1 ADDITIONS BY DECLARANT. Declarant may add the Annexable Territory to the Community and bring such added territory under the general plan of this Declaration without the approval of the Association, the Board, or Owners, so long as Declarant owns any portion of the Annexable Territory. No amendment may be made to this Section 16.1 without the prior written approval of Declarant for so long as Declarant owns any portion of the Community or the Annexable Territory.

16.2 OTHER ADDITIONS. Additional real property may be annexed to the Community and brought under the general plan of this Declaration upon the approval by vote or written consent of Members (other than Declarant) who are entitled to exercise no less than twothirds (2/3) of the Association’s voting power.

16.3 RIGHTS AND OBLIGATIONS-ADDED TERRITORY. Subject to the provisions of Section 16.4, when a Notice of Addition containing the provisions required by Section 16.4 is Recorded, all provisions in this Declaration will apply to the real property described in such Notice of Addition (the “Added Territory”) in the same manner as if the real property were originally covered by this Declaration. Thereafter, the rights, powers and responsibilities of the Owners, lessees and occupants of Lots in the Added Territory, as well as in the property originally subject to this Declaration, will be the same as if the Added Territory were originally covered by this Declaration. After the first day of the month following the first Close of Escrow in the Added Territory, the Owners of Lots located in the Added Territory shall share in the payment of Assessments to the Association to meet Common Expenses of the Community. Voting rights attributable to the Lots in the Added Territory may not be exercised until Annual Assessments have commenced on such Lots.

16.4 NOTICE OF ADDITION. The additions authorized under Sections 16.1 and

16.2 must be made by Recording in Official Records a Notice of Addition against the real property to be added to the coverage of this Declaration. The Notice of Addition must (a) reference by instrument number this Declaration and the date of its Recordation, (b) describe with specificity the Added Territory, (c) state that this Declaration shall apply to the Added Territory, and (d) describe the land use designations in the Added Territory. The Notice of Addition for any addition under Section 16.1 must be signed by Declarant. The Notice of

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Addition for any addition under Section 16.2 must be signed by at least two (2) officers of the Association to certify that the Owner approval required under Section 16.2 was obtained. On Recordation of the Notice of Addition, the Added Territory will be annexed to and constitute a part of the Community and it will become subject to this Declaration. Subject to Section 16.3, the Owners of Lots in the Added Territory will automatically acquire Membership in the Association.

16.5 DE-ANNEXATION AND AMENDMENT. In addition to the rights to amend or terminate a Notice of Addition granted elsewhere in this Declaration or in a Notice of Addition, Declarant may also amend a Notice of Addition for purposes other than those described in Section 13.2.7 or delete real property from the coverage of this Declaration and the Association’s jurisdiction so long as Declarant is the owner of all of such real property and provided that (a) an amending instrument or a Notice of Deletion of Territory, as applicable, is Recorded in the same manner as the applicable Notice of Addition was Recorded, (b) Declarant has not exercised any Association vote with respect to any portion of such real property, (c) Assessments have not yet commenced with respect to any portion of such real property, (d) Close of Escrow has not occurred for the sale of any Lot in such real property, and (e) the Association has not made any expenditures or incurred any obligations with respect to any portion of such real property. No amendment may be made to this Section 16.5 without the prior written approval of Declarant, for so long as Declarant owns any portion of the Community or the Annexable Territory.
[SIGNATURES ON FOLLOWING PAGE]

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[SIGNATURE PAGE TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND RESERVATION OF EASEMENTS]
This Declaration is dated for identification purposes _______________________, _____.

FAR WEST INDUSTRIES,
a California corporation
By:

Print Name:

Title:

Declarant

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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF
On , , before me,
(here insert name and title of the officer)
personally appeared
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

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EXHIBIT A

LEGAL DESCRIPTION OF ANNEXABLE TERRITORY
All that certain real property located in the City of Calimesa, Riverside County, California described as follows:

Tract Map No. 37204, as shown on a subdivision map, Recorded in Book _____, at Pages ___ to ___, inclusive, of Maps, in the Office of the Riverside County Recorder, excepting therefrom Phase 1.

7333-129014\1632423.2
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EXHIBIT B

ARTICLES OF INCORPORATION OF THE ASSOCIATION

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EXHIBIT C

BYLAWS OF THE ASSOCIATION

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EXHIBIT D

APPROXIMATE LOCATIONS OF ASSOCIATION MAINTENANCE AREAS IN PHASE 1

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EXHIBIT E

APPROXIMATE LOCATIONS OF FUEL MODIFICATION ZONES IN THE

COMMUNITY

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EXHIBIT F

APPROXIMATE LOCATIONS OF PUBLIC TRAIL AREAS IN THE

COMMUNITY

City Council Meeting
Agenda Report
Agenda Item No. 9
SUBJECT: FIRST AMENDMENT TO AGREEMENT FOR MANAGED

INFORMATION TECHNOLOGY SERVICES WITH ACTIVE IT

SOLUTIONS
MEETING DATE: October 6, 2025
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the First Amendment to the Agreement for Managed Information Technology Services between the City of Calimesa and Active IT Solutions.

BACKGROUND: At the September 16, 2024 meeting, City Council approved the Agreement for Managed Information Technology Services between the City of Calimesa and Active IT Solutions.

The Professional Services Agreement approved by the City Council contains a provision for a oneyear term with the possibility of an extension up to five (5) years.

The Parties desire to extend the terms of the Agreement pursuant to the authority and approval of the City Council and the Parties further agree to payment rates and terms and schedule of payment as set forth in Exhibit A to the First Amendment to the Agreement for Managed Information Technology Services.

Active IT Solutions has provided expert and prompt support during this first agreement year. They have performed various services that include but are not limited to computer infrastructure needs and regular maintenance and monitoring, regularly scheduled updates, backups, network maintenance and troubleshooting. City staff are happy with the service we have received from Active IT and respectfully recommend City Council approval.

FISCAL IMPACT: Exhibit A provides a price sheet for each of the 5 years from 2026-2030 with a 4% escalation for each year as follows: 2026 monthly rate of $6,265.40, 2027 monthly rate of $6,502.42, 2028 monthly rate of $6,751.33, 2029 monthly rate of $7,012.53 and 2030 monthly rate of $7,286.60.

ATTACHMENTS:

Attachment A: First Amendment to the agreement for Managed Information Technology Support Services between the City of Calimesa and Active IT Solutions.

City Council Meeting
Agenda Report
Agenda Item No. 10
SUBJECT: APPROVE SUPPLEMENTAL AGREEMENT WITH RIVERSIDE

COUNTY DEPARTMENT OF HOUSING AND WORKFORCE

SOLUTIONS (HWS) FOR COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) PROJECT NO. 5.CM.06-25, CALIMESA LIBRARY
ADA IMPROVEMENT PROJECT, PROJECT NO 2024-06.

MEETING DATE: October 6, 2025
PREPARED BY: Will Kolbow, City Manager
Mari Shakir, Interim Public Works Director
RECOMMENDATION: That the City Council approve the Supplemental Agreement with Riverside County Department of Housing and Workforce Solutions (HWS) for Community Development Block Grant (CDBG) Project No. 5.CM.06-25 for the amount of $26,644 for the construction of the Calimesa Library Access Improvement Project, Project No. 2024-06.

BACKGROUND: The City Council approved an application for funding from the federal Community Development Block Grant (CDBG) and a plan for the Calimesa Library ADA Improvement Project, Project No. 2024-06 (Project) on December 2, 2024. This plan provided an ADA accessible walkway along the frontage of the Calimesa Library to the intersection of Avenue K. The agreement with HWS for award of CDBG funding is $26,644.

DISCUSSION: In June of 2025, HWS approved the eligibility of project. Riverside County Board of Supervisors approved the funding for the Program Year of 2025-2026 which included the City’s Project and on August 26, 2025, and sent a letter with the Supplemental Agreement for signature.

FISCAL IMPACT: Council approved a preliminary construction budget of $39,180. Based on current year construction costs, the estimate is now $45,220. The agreement with HWS is for $26,644 leaving the remainder of $18,576 to be funded from the City’s Public Works and ADA fund.

At a future date, staff will request from the City Council an adjustment to total project budgeted expenditures in alignment with the recommendation of a contractor for this respective project. The agreement has been approved by the County Board of Supervisors. Staff recommend approval of the agreement.

ATTACHMENTS:

Attachment A: HWS Supplemental Agreement

Attachment 10A

Item # Item Description Quantity Unit of Measure Unit Price Item Total 1 CONSTRUCT 6"CURB ONLY PER SPPWC STANDARD PLAN 120-2 TYPE A1-6 20 LF $300.00 $6,000.00 2 CONSTRUCT 4" PCC SIDEWALK 655 SF $20.00 $13,100.00
3 CONSTRUCT ADA RAMP 39 SF $80.00 $3,120.00
4 SAWCUT , REMOVE, AND DISPOSE OF EXISTING CONCRETE CURB AND GUTTER 20 SF $50.00 $1,000.00 $23,220.00
$15,000.00
$7,000.00
TOTAL $45,220.00
CDBG FUNDING -$26,644.00
CITY PUBLIC WORKS AND ADA FUNDING $18,576.00
Staff time, bidding, construction management
Survey, Inspection, Materials Testing

CALIMESA LIBRARY PHASE II
Owner: City of CALIMESA
Bid Schedule

CONSTRUCTION TOTAL

City Council Meeting
Agenda Report
Agenda Item No. 11
SUBJECT: PUBLIC HEARING: SECOND READING ORDINANCE NO 416 - ADOPTING BY REFERENCE PART 7 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE CALIFORNIA WILDLANDURBAN INTERFACE CODE, 2025 EDITION (PART 7, TITLE 24,

CALIFORNIA CODE OF REGULATIONS), INCLUDING APPENDICES A,

B, C, F, G AND H AMENDS THE INTERNATIONAL WILDLAND-URBAN INTERFACE CODE , 2025 EDITION; PART 9 OF TITLE 24 OF THE

CALIFORNIA CODE OF REGULATIONS, COMPRISING THE
CALIFORNIA FIRE CODE, 2025 EDITION (PART 9, TITLE 24,

CALIFORNIA CODE OF REGULATIONS), INCLUDING APPENDIX
CHAPTER 4 AND APPENDICES B, BB, C, CC, D, E, F, G, H, I, K, N, O, P AND Q AND AMENDING TITLE 15 OF THE CALIMESA MUNICIPAL

CODE REGARDING THE SAME
MEETING DATE: October 6, 2025
PREPARED BY: Tim O’Connell, Fire Chief and David Fredborg, Building Official That the City Council: Open the Public Hearing, take public testimony and approve second reading by title only and adopt ORDINANCE NO. 416 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALIMESA ADOPTING BY REFERENCE PART 7 OF TITLE 24 OF THE CALIFORNIA

CODE OF REGULATIONS, COMPRISING THE CALIFORNIA WILDLAND-URBAN INTERFACE CODE, 2025 EDITION (PART 7, TITLE 24, CALIFORNIA CODE OF REGULATIONS), INCLUDING

APPENDICES A, B, C, F, G AND H AMENDS THE INTERNATIONAL WILDLAND-URBAN INTERFACE CODE , 2025 EDITION; PART 9 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE CALIFORNIA FIRE CODE, 2025 EDITION (PART 9, TITLE 24, CALIFORNIA CODE OF REGULATIONS), INCLUDING APPENDIX CHAPTER 4 AND APPENDICES B, BB, C, CC, D, E, F, G, H, I, K, N, O, P AND Q AND AMENDING TITLE 15 OF THE CALIMESA MUNICIPAL CODE REGARDING THE SAME.

BACKGROUND: Every three years, the State adopts new model codes (known collectively as the California Building Standards Code) to establish uniform standards for the construction and maintenance of buildings. This includes the California Fire Code and the California Wildlife-Urban Interface Code, which must in turn be adopted or utilized by each city or county. Cities may establish more restrictive building standards that are reasonably necessary because of local climatic, geological or topographical conditions. Findings of the local condition(s) and the adopted local building standard(s) must be filed with the California Building Standards Commission. Such findings are not necessary for local amendments that are only administrative.

Ordinance No. 416 was introduced for first reading at the September 15, 2025 meeting and the public hearing was set for October 6, 2025 for second reading to adopt the 2025 Edition of the California

Fire Code and the 2025 Edition of the California Wildlife-Urban Interface Code with local amendments.

Once the adoption is completed, the findings of local condition(s), if necessary, and the adopted local building standard(s) will be filed with the California Building Standards Commission.

DISCUSSION: The City of Calimesa Fire Department is responsible for providing fire suppression, emergency medical services, and fire marshal services within the City’s jurisdiction and recommends adoption of the 2025 Edition Fire Code, subject to certain amendments that would be incorporated into Chapter 15.10 of Title 15 of the Calimesa Municipal Code and adoption of the of the 2025 Edition of the California Wildlife-Urban Interface Code, subject to certain amendments that would be incorporated into a new Chapter 15.95 of Title 15 of the Calimesa Municipal Code.

ENVIRONMENTAL: Adoption of the Ordinance is categorically exempt from environmental review as a Class 8 Exemption pursuant to Section 15308 of the California Environmental Quality Act Guidelines (California Code of Regulations, Title 14, Chapter 3). It is further exempt in that there is no possibility that the adoption of this Ordinance, and the regulations established thereby, may have a significant effect on the environment, because the Ordinance will impose greater limitations on development in the City, and will thereby serve to reduce potential significant adverse environmental impacts. It is therefore exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations.

ATTACHMENTS:

Attachment A: Ordinance No. 416

ORDINANCE NO. 416

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALIMESA ADOPTING BY REFERENCE PART 7 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2025 EDITION OF THE CALIFORNIA WILDLAND-URBAN INTERFACE CODE, INCLUDING APPENDICES A, B, C, F, G AND H; PART 9 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2025 EDITION OF THE CALIFORNIA FIRE CODE, INCLUDING APPENDIX CHAPTER 4 AND

APPENDICES B, BB, C, CC, D, E, F, G, H, I, K, N, O, P AND Q AND AMENDING TITLE 15 OF THE CALIMESA MUNICIPAL CODE REGARDING THE SAME
THE CITY COUNCIL OF THE CITY OF CALIMESA DOES ORDAIN AS FOLLOWS:

Section 1. Certain model and uniform codes, including the 2025 California Wildland-Urban Interface Code and the 2025 California Fire Code located within Title 24 of the California Code of Regulations and including building standards therein, are adopted and amended by the State of California in the 2025 California Building Standards Code. On January 1, 2026, the 2025 California Building Standards Code will become applicable in the City, subject to amendments set forth in this Ordinance.

Section 2. Chapter 15.10 (“Adoption of the 2022 Edition of the California Fire Code”) of Title 15 (“Buildings and Construction”) of the Municipal Code of the City of Calimesa is hereby amended and restated in its entirety to read as follows:

Chapter 15.10
ADOPTION OF THE 2025 EDITION OF THE CALIFORNIA FIRE CODE

15.10.010 CALIFORNIA FIRE CODE ADOPTED.

A. Except as herein after provided, the California Fire Code, 2025 Edition (Part 9, Title 24, California Code of Regulations), including Appendix Chapter 4 and appendices B, BB, C, CC, D, E, F, G, H, I, K, N, O, P and Q, which incorporates and amends the International Fire Code, 2024 Edition, published by the International Code Council, is hereby adopted by reference as the Fire Code of the City of Calimesa for regulating the design, construction, quality of materials, erection installation, alteration, repair, location, relocation, replacement, addition to, provisions of the Fire Code systems, or other provisions in the City of Calimesa, and providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, conditions and terms of such International Fire Code 2024 Edition, not adopted or amended in the California Fire Code, and excepting Section 103, published by the International Code Council, which are on file in the office of the City Clerk, City of Calimesa, are hereby adopted by reference and made a part hereof as if fully set out in this ordinance
B. A copy of the Fire Code of the City of Calimesa shall be available in the office of the Building Division of the Community Development Department in the City of Calimesa, and it shall be made available for public inspection while this Code is in force.”
Attachment 11A

15.10.020 CALIFORNIA FIRE CODE AMENDMENTS.

The California Fire Code, as adopted herein, is amended as follows:

A. Definitions.

A.1.1. Wherever the word "Jurisdiction" is used in said California Fire Code, it shall mean the City of Calimesa.

A.1.2. Wherever the term "Corporation Counsel" is used in said California Fire Code, it shall mean the City Attorney for the City of Calimesa.

A.1.3. Wherever the term "Chief' is used in said California Fire Code, it shall mean the Fire Chief of the City of Calimesa, or his or her authorized representative.

A.1.4. Wherever the term "Fire Department" is used in said California Fire Code, it shall mean the Fire Department of the City of Calimesa.

A.1.5. An employee or agent of the City of Calimesa, when enforcing the California Fire Code, the Calimesa Municipal Code and other laws, rules and regulations relating to fire and life safety, fire prevention and fire investigation, shall be deemed a "Peace Officer" as those words are used in Section 830.31 of the California Penal Code.

B. Amendments.

A new Section 103.4 is hereby added to the California Fire Code to read as follows:
103.4 Cost Recovery. Fire suppression, investigation and rescue or emergency medical costs are recoverable in accordance with Health and Safety Code Sections 13009 and 13009.1. Any person who negligently, intentionally, or in violation of law, causes an emergency response, including but not limited to, a traffic accident or spill of toxic or flammable fluids or chemicals, is liable for the costs of securing such emergency, including those costs set out in Health and Safety Code Section 13009 et seq. and Government Code Section 53150 et seq.

Any expense incurred by the fire department for securing such an emergency may constitute a debt of such person and may be collectible by the City in the same manner as in the case of an obligation under contract, expressed or implied.

Section 104.1.1 is hereby added to the California Fire Code to read as follows:
104.1.1 Responsibilities. The Chief is authorized to administer and enforce this Code. Under the Chief's direction, the fire department is authorized to enforce all ordinances of the jurisdiction and the laws of the State pertaining to the prevention of fires, the suppression or extinguishment of dangerous or hazardous fires, the storage, use and handling of hazardous materials, the installation and maintenance of automatic, manual and other private fire alarm systems and fireextinguishing equipment, the maintenance and regulation of fire escapes, the

maintenance of fire protection and the elimination of fire hazards on land and in buildings, structures and other property, including those under construction, the maintenance of means of egress, and the investigation of the cause. origin and circumstances of fire and unauthorized releases of hazardous materials.

Employees and agents of the City of Calimesa are hereby authorized to interpret and enforce the provisions of this Code (except as provided in Section 108.1) and to make arrests and issue citations as authorized by law.

Section 108.1.1 is hereby added to the California Fire Code to read as follows:
108.1.1 Permit Fees. Permit fees as established by City Council resolution shall be collected by the Finance Department. Proof of receipt shall accompany all permit applications prior to inspection and approval by the fire department.

Section 111.1 of the California Fire Code is amended and restated in its entirety read as follows:
111.1 Board of appeals established. The Board of Appeals shall be the City Manager. If he or she determines an outside board is needed, he or she shall designate an outside hearing officer to hear the appeal. The Fire Chief shall be notified of any appeal and the Fire Chief or his or her designee shall be in attendance at the appeal hearing. Depending on the subject of the appeal, specialized expertise may be solicited, at the expense of the applicant, for the purpose of providing input to the Appeals Board.

Section 112.4 of the California Fire Code is amended and restated in its entirety to read as follows:
112.4 Violation penalties. Violations of any provision of this chapter or the provisions of any permit granted pursuant to this chapter shall be subject to punishment or remedy as provided in Title 1 of the Municipal Code.

Section 202 of the California Fire Code is hereby amended by adding the following:

Section 202 Definitions.

ALL-WEATHER DRIVING SURFACE. is an approved concrete, asphalt, or engineered surface approved by the Code Official of sufficient thickness, installed upon soil compacted to a minimum of 95% and designed to support the imposed loads of the fire apparatus.

BED AND BREAKFAST. See Lodging House.

EXPLOSIVE MATERIALS. Explosive materials are explosives, blasting agents and detonators including, but not limited to, dynamite and other high explosives; slurries, emulsions and water gels; black powder and pellet powder; initiating explosives; detonators or blasting caps; safety fuses; squibs; detonating cord; igniter cord; igniters and fireworks, 1.3G (Class B special fireworks) and any

explosives as defined in Section 841 of Title 18 of the United States Code and published pursuant to Section 55.23 of Title 27 of the Code of Federal Regulations.

FIREWORKS. Fireworks means any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects which are useful as pyrotechnic devices or for entertainment. The term fireworks includes, but is not limited to, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, roman candles, rockets, Daygo bombs, sparklers, party poppers, paper caps, chasers, fountains, smoke sparks, aerial bombs, and fireworks kits. (H&S 12511). Including, but not limited to, all fireworks defined in the California Health and Safety Code starting with Section 12500.

FIRE HAZARD SEVERITY ZONES shall mean those areas identified by the State of California/Cal-Fire as "Moderate Fire Severity Zone," "High Fire Severity Zone" or “Very High Fire Severity Zone". Finding: The State of California Fire Marshal has designated areas within the City of Calimesa as ‘Moderate Fire Hazard Severity Zone,’ High Fire Hazard Severity Zone’ or ‘Very High Fire Severity Zone’ in which all new construction must comply with requirements as set forth in the California Building Code Chapter 7A and the California Wildland-Urban Interface Code.

HIGH EXPLOSIVE. An explosive material, such as dynamite, which can be caused to detonate by means of a No. 8 test blasting cap when unconfined and any explosive defined in Section 12000 of the California Health and Safety Code.

HAZARDOUS FIRE AREA. Land which is covered with grass, grain, brush or forest, whether privately, or publicly owned, which is so situated or is of such inaccessible location that a fire originating upon such land would present an abnormally difficult job of suppression or would result in great and unusual damage through fire or resulting erosion. Such areas are designated on maps entitled "Hazardous Fire Areas of San Bernardino County" on file in the office of the Chief
MODEL ROCKET. Any toy or educational device, which weighs not more than 500 grams, including the engine and any payload, that is propelled by model rocket engines (H&SC 12519).

MODEL ROCKET ENGINE. A commercially manufactured, non-reusable rocket propulsion device which is constructed of a nonmetallic casing and solid propellant, wherein all of the ingredients are self-contained so as not to require mixing or handling by the user and which have design and construction characteristics determined by the State Fire Marshal to provide a reasonable degree of safety to the user (H&SC 12520).

Section 305.5.1 is hereby added to the California Fire Code to read as follows:

305.5.1 Spark Arresters Required. All chimneys attached to any appliance or fireplace that burns solid fuel shall be equipped with an approved spark arrester, and the spark arrester shall meet all the following requirements:

1. The net area of the spark arrester shall not be less than four times the net area of the outlet of the chimney.

2. The spark arrester screen shall have heat or corrosion resistance equivalent to 12-gauge wire, 19-gauge galvanized wire, or 24-gauge stainless steel.

3. Openings shall not permit the passage of spheres having a diameter larger than 1/2-inch and shall not block the passage of spheres having a diameter of less than 3/8-inch.

4. The spark arrester shall be accessible for cleaning, and the screen or chimney cap shall be removable to allow for cleaning of the chimney flue.

Section 307 is hereby added to the California Fire Code to read as follows:
307.1 General. No person shall kindle or maintain or authorize to be kindled or maintained any open and outdoor burning except as permitted by, and subject to the requirements of this Section 307, inclusive of Sections 307.1 through 307.5.

Section 307.2 is hereby added to the California Fire Code to read as follows:

Section 307.1.2 is hereby added to the California Fire Code to read as follows:
307.1.2 Burning Operations. The burning of salvage vehicles and salvage or waste materials shall be prohibited:

Section 307.1.2.1 is hereby added to the California Fire Code to read as follows:
307.1.2.1 Material restrictions. Open burning of rubbish containing paper products, trash and debris containing non-organic material is prohibited. 307.2 Definitions. The terms below shall have the following respective meanings for purposes of this Section 307.

1. “Agricultural Burning” means an outdoor open fire of burning clean vegetation for silvicultural, range, or wildlife management practices, prevention, or control of disease or pests.

2. “Approved” means acceptable to the City of Calimesa Fire Department Fire Chief or designee.

3. “Barbecue grill” (also known as a barbecue or BBQ) means a portable or fixed device constructed of non-combustible material for the primary purpose of

cooking food with a fuel fire consisting of either liquefied petroleum (LP), natural gas, clean wood, or charcoal.

4. “Barbecue pit” means a trench or depression in the ground for the primary purpose of cooking food with a fuel fire consisting of either clean wood or charcoal.

5. “Bonfires” means an outdoor open fire for pleasure, entertainment, ceremonial, cooking, warmth, or other similar activities with a fueled fire consisting of either liquefied petroleum (LP), natural gas, or clean wood with a total fuel area of three (3) feet or greater in width, length, or diameter or a total fuel area of two (2) feet or greater in height.

6. “Kindle” means to light or set on fire.

7. “Open and outdoor burning” means burning materials wherein combustion products are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. Open and outdoor burning activities include, without limitation: (i) agricultural burning; (ii) burning operations associated with barbecue grilling and barbecue pits; (iii) bonfires; (iv) portable outdoor fireplaces; (v) recreational fires; and (vi) residential burning. For this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues, or chimneys that are open are those necessary to provide combustion air and permit the escape of exhaust gas.

8. “Portable outdoor fireplace” means an outdoor open fire with a portable outdoor solid, burning fireplace constructed of steel, concrete, clay, or other noncombustible material for the primary purpose of a recreational fire with a fueled fire consisting of either liquefied petroleum (LP), natural gas, clean wood, or charcoal. A portable outdoor fireplace may be open in design or may be equipped with a small hearth opening and a short chimney or chimney opening on the top.

9. “Recreational Fire” means an outdoor open fire for pleasure, entertainment, ceremonial, cooking, warmth, or other similar activities with a fueled fire consisting of either liquefied petroleum (LP), natural gas, clean wood, or charcoal in a fire ring style with a total fuel area less than three (3) feet in width, length, or diameter or a total fuel area less than two (2) feet in height. Recreational fires shall not include fires occurring in an incinerator, portable outdoor fireplace, barbecue grill, or barbecue pit.

10. “Residential Burning” means an outdoor open fire burning clean waste vegetation, tree and yard trimmings, other than rubbish for disposal on residential privately owned property.

11. “Structure” means any dwelling, house, building, or flammable construction attached to or near any other structure.

307.3 Residential Burning Prohibited. Notwithstanding any other provision of the Municipal Code, including this Section 307, residential burning is prohibited.

No person kindle, maintain, or authorize to be kindled or maintained any residential burning operation anywhere in the City.
307.4 Requirements Applicable to all Open and Outdoor Burning. Any open and outdoor burning operation allowed under this Section 307 must be conducted in accordance with the following requirements:

1. No person younger than eighteen (18) years of age shall kindle or maintain any open and outdoor burning operation of any kind.

2. All open and outdoor burning operations of every kind must be continuously attended to by one or more persons at least eighteen (18) years of age or older until the fire is extinguished.

3. At least one functioning portable fire extinguisher with a minimum 4-A rating or other approved fire-extinguishing equipment must be readily available for use at times during open and outdoor burning operations.

4. All open and outdoor burning operations shall be conducted in compliance with all state or local law or regulations. Where state or local law or regulations require prior approval of an open and outdoor burning operation, no person shall conduct such open and outdoor burning operation without such approval or in a manner that violates the conditions of such approval, if any.
307.5 Permits required for Agricultural Burning and Bonfires.

1. No persons shall kindle, maintain, or authorize to be kindled or maintained any agricultural burning or bonfire without an operational permit approved in advance by the City of Fire Chief or their designee.

2. The Fire Chief or their designee shall not approve an operational permit for any agricultural burning or bonfire the proposed operations comply with all requirements of this Section 307 and the Fire Chief or their designee finds that the agricultural burning or bonfire will be conducted in a manner consistent with protection of life, health, safety, and property from fire hazards.

3. The Fire Chief or their designee shall have the authority to impose such conditions on the approval of any permit as are reasonably necessary to make such finding.
307.6 Setback Requirements. Where and when permitted by this Section 307, open and outdoor burning operations must be maintained at a reasonable setback from any structure, but in no case less than the following minimum distances:

1. Agricultural burning operations – at least fifty (50) feet from any structure.

2. Barbecue grills and barbecue pits – at least fifteen (15) feet from any structure.

3. Bonfires – at least fifty (50) feet from any structure.

4. Recreational fires – at least twenty-five (25) feet from any structure. 307.7 Enforcement. In addition to any other authority granted by law to the Fire Chief, the Fire Chief or their designee shall have the authority to:

1. Issue an order prohibiting any or all open and outdoor burning operations at such time or in such manner or locations that the Fire Chief or their designees determine are hazardous due to atmospheric conditions or local circumstances.

No person shall knowingly kindle or maintain or authorize to be kindled or maintained any open and outdoor burning in violation such an order by the Fire Chief or their designee.

2. Order the extinguishment of any open and outdoor burning operation conducted in violation of this Section 307 or when such operation creates, threatens to create, or adds to a hazardous situation.

Section 315.8. is hereby added to the California Fire Code to read as follows:
315.8 Removal. Combustible rubbish stored in containers outside of noncombustible vaults or rooms shall be removed from buildings at least once each working day or when determined by the Chief to be a fire hazard.

Section 315.9 is hereby added to the California Fire Code to read as follows:
315.9 Abatement. In the event that abatement is not performed as required in this code, the Chief may give notice to the owner of the property upon which such condition exists to correct such prohibited condition, and if the owner fails to correct such condition the Chief may cause the same to be done and may cause the expense of such correction to become a lien upon the property upon which such condition exists.

Section 324 is hereby added to the California Fire Code to read as follows:

SECTION 324 USE OF EQUIPMENT
324.1 General. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated, in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrester maintained in effective working order, or the engine is constructed, equipped, and maintained for the prevention of fire. 324.2 Spark Arrester. Spark arresters affixed to the exhaust system of engines or vehicles subject to this section shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.
324.3 Specifications. A spark arrester is a device constructed of nonflammable material specifically for the purpose of removing and retaining carbon and other

flammable particles over 0.0232 of an inch (0.58 mm) in size from the exhaust flow of an internal combustion engine that uses hydrocarbon fuels, or which is qualified and rated by the U.S. Forest Service.

EXCEPTIONS: Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California. Turbocharged engines are not subject to this section if all exhaust gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in effective mechanical condition.

Section 325 is hereby added to the California Fire Code to read as follows:

Section 325 RESTRICTED ENTRY
325.1 General. The Chief shall determine and publicly announce when hazardous fire areas shall be closed to entry and when such areas shall again be opened to entry. Entry on, and occupation of, hazardous fire areas, except public roadways, inhabited areas, or established trails and camp sites which have not been closed during such time when the hazardous fire area is closed to entry, is prohibited.

EXCEPTIONS: (1) Residents and owners of private property within hazardous fire areas, and their invitees and guests going to, or being upon, their lands; (2) Entry, in the course of duty, by peace or police officers, and other duly authorized public officers, members of a fire department, and members of the U.S. Forest service
Section 326 is hereby added to the California Fire Code to read as follows:

SECTION 326 TRESPASSING ON POSTED PROPERTY
326.1 General. When the fire code official determines that a specific area within a hazardous fire area presents an exceptional and continuing fire danger because of the density of natural growth, difficulty of terrain, proximity to structures or accessibility to the public, such areas shall be closed until changed conditions warrant termination of closure. Such areas shall be posted as hereinafter provided.
326.2 Signs. Approved signs prohibiting entry by unauthorized persons and referring to applicable fire code chapters shall be placed on every closed area. 326.3 Trespassing. Entering and remaining within areas closed and posted is prohibited.

EXCEPTION: Owners and occupiers of private or public property within closed and posed areas, their guests or invitees, and local, state or federal public officers and their authorized agents acting in the course of duty.

Section 327 is hereby added to the California Fire Code to read as follows:

SECTION 327 EXPLOSIVES AND BLASTING
327.1 General. Explosives shall not be possessed, kept, stored, sold, offered for sale, given away, used, discharged, transported, or disposed of within hazardous fire areas except by permit from the fire code official.

Section 328 is hereby added to the California Fire Code to read as follows:

SECTION 328 OUTDOOR FIRES
328.1 General. Outdoor fires shall not be built, ignited or maintained in or upon hazardous fire areas except by permit from the fire code official.

EXCEPTION: Outdoor fires within inhabited premises or designated camp sites where such fires are built in a permanent barbecue, portable barbecues, outdoor fireplace, incinerator or grill and are a minimum of 30 feet (9,144 mm) from a grass-, grain-, brush, - or forest covered area.
328.2 Permits. Permits shall incorporate such terms and conditions that will reasonably safeguard public safety and property. Outdoor fires shall not be built, ignited or maintained in or upon hazardous fire areas under the following conditions:

1. When high winds are blowing.

2. When a person aged 17 or over is not always present to watch and tend such fire.

3. When public announcement is made that open burning is prohibited. 328.2 Prohibited Burning. Permanent barbecues, portable barbecues, outdoor fireplaces or grills shall not be used for the disposal of rubbish, trash, or combustible waste material.

Section 503.1 The California Fire Code is hereby amended to read as follows:
503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with sections 503.1.1 through 503.1.5 Section 503.1.4 is hereby added to the California Fire Code to read as follows:
503.1.4 Fire Apparatus Access. Plans for fire apparatus access roads or modification of fire apparatus access roads shall be submitted to the fire marshal for review and approval prior to construction.

Section 503.1.5 is hereby added to the California Fire Code to read as follows:

503.1.5 Fire Lane designation. The Chief may designate fire apparatus access roads as a "Fire Lane," pursuant to the provisions of Vehicle Code Section 22500.1.

Section 503.2.3 The California Fire Code is hereby amended to read as follows:
503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus, minimum of 75,000 lbs., and shall be provided with a surface so as to provide all-weather driving capabilities. Gravel, Turf block, Ritter Rings, Turf Paver and other similar products shall not be used for fire department access surfacing.

Section 503.2.7 the California Fire Code amended to read as follows:
503.2.7 Grade. The gradient for fire apparatus access road grades shall not exceed a maximum of 10% unless approved by the City of Calimesa. A grade variance and plan review approval for a road, street, private lane or driveway with a slope of 10-12% may be approved at the discretion of the City of Calimesa Fire Marshall. A grade variance and plan review approval for a road, street, private lane or driveway with a slope of 12-16% may be approved at the discretion of the City of Calimesa Fire Chief/Fire Code Official.

Section 505.1 California Fire Code is hereby amended to read as follows:
505.1 Premises Identification. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background.

New Group R, Division 3 Occupancy addresses shall be posted with a minimum of 4-inch (102 mm) numbers, visible from the street, and during the hours of darkness the numbers shall be low voltage, internally electrically illuminated.

Posted numbers shall contrast with their background and be legible from the street. Where building setbacks exceed 100 feet (30,480 mm) from the roadway or where the addresses are not visible from the roadway, additional nonilluminated contrasting 4-inch (102 mm) numbers shall be displayed at the property entrance.

New Group A, B, E, F, H, I, L, M, R Division I and S occupancy addresses shall be posted with a minimum of 8-inch (203 mm) numbers, visible from the street, and during the hours of darkness shall be electrically illuminated. Where the building setback exceeds 200 feet (60,960 mm) from the roadway or where the addresses are not visible from the roadway, additional non-illuminated contrasting 6-inch (152 mm) numbers shall be displayed at the property entrance. Where commercial occupancies have multiple tenants, addresses or unit numbers shall be posted with a minimum of 3-inch contrasting numbers and displayed on both the front and the rear doors of the tenant spaces.

Section 505.1.1 is hereby added to the California Fire Code to read as follows:
505.1.1 Map directory. A lighted directory map shall be installed and maintained at each driveway entrance to multiple unit residential projects and mobile home parks, where the total number of units in the project exceeds fifteen (15).

Section 605.3.1 is hereby added to the California Fire Code to read as follows:
605.3.1 Sparks from Chimneys or Vents. Chimneys or vents used in conjunction with fireplaces or heating appliances in which solid or liquid fuel is used shall be equipped and maintained with an approved / listed spark arrester.

An approved spark arrester shall be defined as a device constructed of stainless steel, copper, brass or woven galvanized wire mesh. The spark arrester screen shall have heat and corrosion resistance equivalent to 12-gauge wire, 19-gauge galvanized wire or 24-gauge stainless steel. Openings shall not permit the passage of spheres having a diameter larger than 1/2-inch (12.7 mm) and shall not block the passage of spheres having a diameter of less than 3/8-inch (9.5 mm). The screen shall be mounted per the manufacturers listing in or over all outside flue openings in a vertical or near vertical position, adequately supported to prevent movement and visible from the ground.

Section 605.3.2 is hereby added to the California Fire Code to read as follows:
605.3.2 Incinerators. Free-standing non-commercial incinerators are prohibited.

Commercial and industrial incinerators shall be constructed and installed in accordance with other governing agencies regulating emissions. For other requirements and for other types of incinerators, see the Building and Mechanical Codes.

Section 905.4 of the California Fire Code is amended by adding the following:

7. The centerline of the 2.5" outlet shall be no less than 18" above, and no more than 24" above, the finished floor.

8. Hose connections shall be provided on every floor of the building.

9. Every new building with any horizontal dimensions greater than 300 feet (91,440 mm) shall be provided with either access doors or a 2.5" outlet so that all portions of the building can be reached with 150 feet (45,720 mm) of hose from an access door or hose outlet. Required access doors shall be located in the exterior of the building and shall be accessible without the use of a ladder. The door dimensions shall be not less than 3 feet (914 mm) in width, and not less than 6 feet 8 inches (2,032 mm) in height.

Section 2809.1.1 is hereby added to the California Fire Code to read as follows:
2809.1.1 Pallet Yards. Pallet storage, handling, repair or manufacturing shall comply with the requirements of this Article. Pallets must be stored in an orderly manner not to exceed 16 feet in height, 20 feet in width, and 70 feet in length. Pile

separation shall be a minimum of 20 feet and no closer than 26 feet to property lines or exposures. Fire department access roadways shall be no less than 26 feet in width with a vertical clearance of 14 feet 6 inches. All fire department roadways shall be maintained within 150 feet of all pallet storage and structures.

Pallet yards shall be considered as a heavy industrial use.

Section 5601.2 the California Fire Code is hereby amended to read as follows:
5601.2 Permits Required. Permits shall be obtained from the San Bernardino County Sheriff’s Department for the following:
• To manufacture, possess, store, sell, display or otherwise dispose of explosives blasting agents or phosphoric compounds.
• To manufacture, possess, store, sell, display or otherwise dispose of explosives blasting agents or phosphoric compounds.
• To transport explosives or blasting agents. To use explosives or blasting agents.
• To operate a terminal for handling explosives or blasting agents. • To transport blasting caps or electric blasting caps in the same vehicle with explosives.

Section 5601.2.2 is hereby added to the California Fire Code to read as follows:
5601.2.2 Permit Holder. The handling and firing of explosives or blasting agents shall be performed only by persons possessing a valid explosives permit issued by the San Bernardino County Sheriff’s Department.

Section 5601.2.4.3 is hereby added to the California Fire Code to read as follows:
5601.2.4.3 Display. The maximum quantities, storage conditions, and fire protection requirements for gunpowder and ammunition displayed in a building shall be as follows:

Smokeless powder - 20 pounds in original containers. Containers shall not exceed one pound.

Section 5601.2.4.4 is hereby added to the California Fire Code to read as follows:
5601.2.4.4 Displays. Permits are required to conduct a fireworks display. See Section 105.6.14. Permit application shall be made not less than 14 days prior to the scheduled date of the display. The permit application shall include a diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged; the location of buildings, highways and other lines of communication; the lines behind which the audience will be restrained; and the location of nearby trees, telegraph or telephone lines and other overhead

obstructions. At the time of permit application, the Chief shall be consulted regarding requirements for standby fire apparatus and personnel. All fireworks displays shall be electrically fired.

Section 5601.2.4.5 is hereby added to the California Fire Code to read as follows:
5601.2.4.5 Additional Requirements. In addition to the requirements set forth in this Article, the police department, the fire department or the San Bernardino County Sheriff’s Department may, for the safety and security of the public, set additional requirements for a permit application.

Section 5601.7 the California Fire Code is hereby amended to read as follows:
5601.7 Seizure of Fireworks. The storage, use, sale, possession, and handling of fireworks 1.30 is prohibited. The sales, use and/or display of fireworks 1.4G (commonly referred to as Safe & Sane) is prohibited. The Chief, the police department and the San Bernardino County Sheriff’s Department are authorized to seize, take, remove or cause to be removed, at the expense of the owner, all stocks of fireworks, offered or exposed for sale, stored, handled or held in violation of Title 19 CCR, Chapter 6.

EXCEPTION: Fireworks 1.4G and fireworks 1.3G may be part of an electrically fired public display when permitted and conducted by a licensed pyrotechnic operator.

Section 5604.1.2 is hereby added to the California Fire Code to read as follows:
5604.1.2 Temporary Storage. For the purpose of this part, temporary storage shall mean no longer than 4 hours or the end of the workday, whichever time is less.

Section 5604.1.3 is hereby added to the California Fire Code to read as follows:
5604.1.3 Storage. The police department and the Chief may authorize the storage of smokeless powder not to exceed 100 pounds, sporting black powder not to exceed 25 pounds, and up to 75,000 small arms primers in approved portable magazines in approved establishments. Sporting black powder, when authorized, shall be stored in an approved portable magazine. Small arms primers or percussion caps shall be stored in a manner prescribed by the police department, the San Bernardino County Sheriff’s Department and the Chief.

Section 5604.3.4 is hereby added to the California Fire Code to read as follows:
5604.3.4 Magazines Required. Explosive materials shall be stored in magazines in accordance with Section 5604.3. Magazines shall at all times be in the custody of a person holding a valid explosives permit who shall be at least 21 years of age and who shall be held responsible for compliance with all safety precautions.

Section 5604.3.4.1 is hereby added to the California Fire Code to read as follows:

5604.3.4.1 Magazine Size. Indoor magazines shall not be of a size greater than the exit door or contain more than 50 pounds of explosive materials.

Section 5604.3.5 is hereby added to the California Fire Code to read as follows:
5604.3.5 Powder. The amount of powder stored in an indoor magazine shall not exceed 50 pounds.

Section 5604.3.6 is hereby added to the California Fire Code to read as follows:
5604.3.6 Classification and Use of Magazines. Magazines shall be classed as Type 1,2, 3, 4 or 5 and used in accordance with Title 27, Code of Federal Regulations, Part 55, Subpart K, and Title 19, California Code of Regulations, Subchapter 6, Section 989, as amended.

Section 5604.3.7 is hereby added to the California Fire Code to read as follows:
5604.3.7 Use and Handling. The police department, San Bernardino County Sheriff’s Department, and the fire department shall be notified prior to detonation of any explosives.

Section 5604.3.8 is hereby added to the California Fire Code added to read as follows:
5604.3.8 Personnel Qualifications. The handling and firing of explosives shall be performed only by person(s) possessing a valid explosives permit issued by the San Bernardino County Sheriff’s Department.

Section 5604.3.9 is hereby added to the California Fire Code to read as follows:
5604.3.9 Utility Notification. When blasting is being conducted in the vicinity of gas, electric, water, sewer, fire alarm, telephone, telegraph, cable television or stream utilities, the blasting person shall notify the appropriate representative of such utilities at least 24 hours in advance of blasting specifying the location and intended time of such blasting.

EXCEPTION: In an emergency, advance notification may be waived by the Chief, the police department and the San Bernardino County Sheriff's Department. The fire department shall be notified prior to detonation of any explosives.

Section 5604.10.2.1 is hereby added to the California Fire Code to read as follows:
5604.10.2.1 Deteriorated Material Handling. When an explosive has deteriorated to an extent that it is in an unstable or dangerous condition, or when a liquid has leaked from an explosive material, the person in possession of such explosive material shall immediately contact the police department, the San Bernardino County Sheriff’s Department and the Chief. The work of destroying

explosive materials shall be directed by persons experienced in the destruction of explosive materials. Explosive materials recovered from blasting misfires shall be handled in a standard method for disposal. Only persons holding a valid explosives pem1it shall do the work of destroying explosives.

Section 5605.1 the California Fire Code is hereby amended to read as follows:
5605.1 Manufacturing. The manufacturing of fireworks is prohibited.

Section 5605.1.2 is hereby added to the California Fire Code to read as follows:
5605.1.2 Pyrotechnic Special Effects Material. A permit is required to manufacture, compound, store or use pyrotechnic special effects material. A permit for use shall be granted only to a licensed pyrotechnic operator. See Section 105.6.36.

Section 5704.3.1.2 is hereby added to the California Fire Code to read as follows:
5704.3.1.2 Lubricating Oil. Lubricating oil that has been drained from motor vehicles shall be stored and handled as required for Class III-B liquids. Crankcase drainings and waste oil products may be stored in an above-ground tank as approved by the Chief. Drainings and used oils may also be stored outside a building in not more than 3 tight drums having an aggregate capacity not exceeding 180 gallons.

15.10.030 Regulation of building construction.

Section 15.10.030 is hereby repealed and replaced by the addition of Calimesa Municipal Code Title 15, Chapter 15.95
Section 3. Chapter 15.95 (“Adoption of the 2025 Edition of the California WildlandUrban Interface Code”) of Title 15 (“Buildings and Construction”) of the Municipal Code of the City of Calimesa is hereby amended and restated in its entirety to read as follows:

Chapter 15.95
ADOPTION OF THE 2025 EDITION OF THE

CALIFORNIA WILDLAND-URBAN INTERFACE CODE
Chapter 15.95 of Title 15 of the Calimesa Municipal Code is hereby added in its entirety, with amendments, to read as follows:
“15.95.010 CALIFORNIA WILDLAND-URBAN INTERFACE CODE ADOPTED

A. Except as herein after provided, the 2025 Edition of the California Wildland-Urban Interface Code, 2025 Edition (Part 7, Title 24, California Code of Regulations), including Appendices A, B, C, F, G and H amends the International Wildland-Urban Interface Code, 2024 Edition, published by the International Code Council, is hereby adopted by reference as the Wildland-Urban Interface Code of the City of Calimesa for regulating the design, construction, quality of materials, erection installation, alteration, repair, location, relocation, replacement, addition to, provisions of the Fire Code systems, or other provisions in the City of Calimesa, and providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, conditions and terms of such International Wildland-Urban Interface Code 2024 Edition, not adopted or amended in the California Wildland-Urban Interface Code, and excepting Section 103, published by the International Code Council, which are on file in the office of the City Clerk, City of Calimesa, are hereby adopted by reference and made a part hereof as if fully set out in this ordinance B. A copy of the California Wildland-Urban Interface Code of the City of Calimesa shall be available in the office of the Building Division of the Community Development Department in the City of Calimesa, and it shall be made available for public inspection while this Code is in force.”

15.95.020 CALIFORNIA WILDLAND-URBAN INTERFACE CODE
AMENDMENTS.

The California Wildland-Urban Interface Code, as adopted herein, is amended as follows:

Section 202 Definitions is hereby added to the California Wildland-Urban Interface Code to include the following definition:
. Areas that correspond to those areas identified by the State of California/CalFire as "Moderate Fire Severity Zone," "High Fire Severity Zone" or “Very High Fire Severity Zone".

Section 302.3 is hereby added to the California Wildland-Urban Interface Code to read as follows:
302.3. Division of Review Areas
Fire Hazard Severity Zones shall be as established by CAL FIRE and as adopted and amended by the City of Calimesa. Each area represents a different level of wildland hazard. A different set of requirements is applied in each severity zone.

The provisions for these requirements, are cumulative in that all of the requirements that are specified for Fire Hazard Severity Zone 3 shall also apply to Fire Hazard Severity Zone 2, and all of the requirements that are specified for Fire Hazard Severity Zone 2 and 3 shall also apply to Fire Hazard Severity Zone

1.

a. Fire Hazard Severity Zone 1 (FHSZ-1)
Fire Hazard Severity Zone 1 includes wildland areas that are marginally developable, areas which are not likely to be developed, and the area of transition between wildlands and areas that are partially developed or are likely to be developed in the future. The area of transition is often characterized by an abrupt slope change. Natural hazards are prevalent throughout Zone 1, especially in areas with natural ungraded slopes greater than thirty percent (30%). Zone 1 includes areas of very high to extreme fire hazard.
b. Fire Hazard Severity Zone 2 (FHSZ-2)
Fire Hazard Severity Zone 2 is relatively flat, and is either partially or completely developed, or, if it is not developed, is usually suitable for development. Present and future development within Zone2 is exposed to the impacts of wildland fires and other natural hazards primarily due to its proximity to Zone 1.
c. Fire Hazard Severity Zone 3 (FHSZ-3)
Land within Area 3 provides for the transition from the wildland areas of FHSZ-1 and FHSZ-2 to the developed portions of the City and this Zone is often developed. Present and future development within Zone 3 is exposed to the impacts of wildland fires and other natural hazards that would come from Zone 1 and extend past Zone 2.

Section 403.1.7 is hereby added to the California Wildland-Urban Interface Code to read as follows:
403.1.7 Static Water Source Access.

There shall be vehicular access, at least twelve (12) feet in width, to within at least ten (10) feet of any static water source including ponds, lakes, swimming pools, reservoirs and water storage tanks. Access shall be either to a plumbed outlet with two and one-half (2-1/2) inch National Hose Thread Fitting or directly to the source. This requirement shall be waived if the fire authority determines that the water source is sufficiently below the elevation of existing or proposed roads or driveways to make drafting of water from the source through a plumbed outlet infeasible, and that direct vehicular access to the water source would require an impractical extension of a road or driveway.

Section 404.4.1 is hereby added to the California Wildland-Urban Interface Code to read as follows:
404.4.1 Hydrant Identification.

Fire Hydrants shall be identified by a method specified by the fire authority.

Section 504.10.4 is hereby added to the California Wildland-Urban Interface Code to read as follows:
504.10.4 Eave-type attic ventilators. Eave-type attic ventilators are prohibited.

Section 601.4 is hereby added to the California Wildland-Urban Interface Code to read as follows:
601.4 General Provisions.
a. The provisions of this section shall apply to all phases of a development project.
b. A notice of all land use applications and/or development permits that would lead to the construction of structures, or the subdivision of land shall be filed with the responsible fire authority by the Community Development Department.
c. All proposed land use applications that would lead to the construction or expansion of a structure or the subdivision of land shall be submitted to the responsible fire authority and the appropriate Resource Conservation District Office for review and recommendation. Any recommendations received shall be indicated in any staff report and/or presentation for the proposed development and shall be incorporated into the conditions of approval where possible.
d. All proposed development must meet all other applicable standards set forth by the responsible fire authority.
e. When the requirements of the underlying land use district or an applicable specific plan are more restrictive than the provisions of this section, such requirements shall prevail.
f. When an addition, alteration, enlargement or reconstruction of a structure equals or exceeds fifty percent (50%) of the existing structure, or twenty-five percent (25%) of the roof for the roofing requirements only, the provisions of the City of Calimesa Development Code, regarding construction requirements shall apply to the entire structure and/or the whole roof as applicable.

Such structures and/or roofs shall be entirely retrofitted to comply with the provisions of this section.

Section 609.2.8 is hereby added to the California Wildland-Urban Interface Code to read as follows:
609.2.8 Slope Development.

Structures in areas with slopes exceeding thirty percent (30%) and thirty feet (30') in height shall comply with the following:
(a) Where structures are proposed or within two hundred (200) feet of slopes that are greater than thirty percent (30%) prior to grading and where

such slopes are at least thirty (30) feet in height, the vegetation on such slopes shall be treated in such a manner that it becomes a fuel modified area. Such fuel modified area shall be maintained for either the entire slope, or one hundred (100) feet, or to the property line, whichever distance is less.
(b) Where grading is utilized which does not conform to the natural slope and the graded area is adjacent to natural ungraded slopes which are greater than thirty percent (30%) and which are greater than thirty (30) feet in height, structures shall be set back at least thirty (30) feet from the edge(s) of the graded area adjacent to such natural ungraded slopes.

Section 608.3 is hereby added to the California Wildland-Urban Interface Code to read as follows:
608.3 Building Separations.

1. Building Separation Standards
(a) All buildings on parcels created after the effective date of this section and all other parcels with lot widths sixty (60) feet of greater shall have exterior wall separations of at least thirty (30) feet. (b) All buildings on parcels created prior to the effective date of this section with lot widths less than sixty (60) feet shall have interior side yards which shall not be less than five (5) feet and need not exceed fifteen (15) feet. In no case shall exterior wall separations be less than ten (10) feet for all buildings, including those on adjoining parcels.
(c) When exterior walls of residential and accessory buildings or portions thereof are within fifteen (15) feet of interior side or rear lot lines, or the exterior wall separation is less than thirty (30) feet, the following shall apply:
(i) The outside of all such exterior walls or portions
thereof shall be covered with materials which are approved for exterior locations and are of fire resistive construction as defined in the California Building Code.
(ii) All exterior doors made of wood or wood portions shall be solid core wood, and
(iii) Windows, skylights, sliding glass doors or glass
inserts in doors shall be constructed of approved tempered dual-pane glass.

2. Intent of Standards

The intent of the exterior wall separation standards is to reduce the exposure and risk from adjacent structural fires and to reduce the potential spread of fire from structure to structure.

3. Alternate Measures (Exterior Wall Separation)
Pursuant to Subsection 5, of this section and dependent upon site specific conditions, the following measures or combinations thereof may be substituted for the exterior walls separation requirements specified for all buildings in Subsection b.(1)(a) above; provided, that in no case shall such exterior wall separations be less than ten (10) feet:
(a) The expansion of fuel modified areas around the
development perimeter of the development project beyond that required through the provisions of this section or other parts of this Title.
(b) A substantial transfer of density from steeper slopes, including areas with slopes less than thirty percent (30%) if they exist on site, to less steep areas within the development project. (c) Clustering of structures away from the development
perimeter and away from fire hazardous areas. When this alternative is utilized, multi-residential dwelling units shall be located as far as practical from fuel modified areas and fire hazardous areas.
(d) The provision of more fire resistive construction standards than normally required through the provisions of the Fire Safety (FR) District and otherwise required through the California Building Code or California Fire Code.
(e) Other alternate measures if approved by the Community Development Department pursuant to the provisions of Subsection 5 of this Section.

Section 610.3 is hereby added to the California Wildland-Urban Interface Code to read as follows:
610.3 Project Design Requirements.
(1) All development projects and each phase thereof, except for a development project located exclusively on a cul-de-sac, shall have a minimum of two (2) points of vehicular ingress and egress, designed to City roadway standards, with a minimum width of twenty-four 24 feet of allweather surface as defined in the California Fire Code, from existing and surrounding streets. One such point of vehicular access may be an

emergency access route with an all-weather surface if the Community Development Department makes and justifies all of the following findings:
(a) Two points of non-emergency access are physically
infeasible.
(b) Provisions have been made to reasonably ensure that the emergency access will be maintained.
(c) Based on the review and consideration of the Fire Authority's recommendation, the emergency access route will provide adequate vehicular ingress and egress during emergencies. (2) All development projects shall provide eight (8) inch or larger circulating (loop) water mains as required by the California Fire Code, proper hydrant location and spacing, and have sufficient water storage capacity to provide the minimum fire flow duration requirements (gallons per minute (GPM) for a minimum number of hours or portions thereof) as specified by the minimum system standards established by the Fire Authority. Circulating (loop) mains are not required for cul-de-sacs and are not required for subdivisions that exclusively take all access from cul-de-sacs. In areas not served by water purveyors, on-site fire flow and water storage requirements will be as specified by the California Fire Code. (3) All public or private streets within or bordering a development project shall have noncombustible and reflective street name signs designed to City standards and visible at all street intersections.

Section 602.3.3 is hereby added to the California Wildland-Urban Interface Code to read as follows:
602.3.3 Additional Fire Protection Plan Requirements.
(a) A final fire protection plan and fuel modification area may be required to address areas around development projects of portions thereof that are adjacent or exposed to hazardous fire areas for the purpose of fire protection. The recommended width of the fuel modification area shall be determined by the responsible Fire Authority in conjunction with the Fire Department, but in no case shall it be less than the lot line one hundred (100) feet in width as measured from the development structure(s) perimeter. The width of the fuel modification area shall be determined based upon:
(1) The natural ungraded slope of the land within the project and in the areas adjacent to the project;
(2) Fuel loading;

(3) Access to the project and access directly to the fuel modified area;
(4) The on-site availability of water that can be used for firefighting purposes;
(5) Adequate provisions shall be made for the continual maintenance of such areas, and, where feasible, such areas shall be designated as common open space rather than private open space;
(6) Fuel modification areas shall also incorporate soil erosion and sediment control measures to alleviate permanent scarring and accelerated erosion.
(b) When development projects are phased, individual phases may be required to provide temporary fuel modification areas, where the development perimeter of a phase is contiguous to a subsequent phase of a project, which in its undeveloped state is a hazardous fire area. The need for a temporary fuel modification area shall be determined by the responsible fire authority in conjunction with the Fire Department and shall be based upon the same consideration described in Subsection c.(4)(a) of this Section for permanent fuel modification areas.
(c) Erosion and Sediment Control
All development projects, building permits, grading and any other significant land disturbing activity shall install erosion control measures in compliance with the provisions established by Title 16, Land Use and Development of the Calimesa Municipal Code for such erosion control measures.

Section 604.6 hereby added to the California Wildland-Urban Interface Code to read as follows:
604.6. Clearance of Brush or Vegetative Growth From Transmission Lines. 604.6.1 Support Clearance. Persons owning, controlling, operating or maintaining electrical transmission or distribution lines upon hazardous fire areas, including but not limited to, any mountainous land, forest-covered land, brushcovered land, or grass-covered land shall have an approved program in place that identifies poles or towers with equipment and hardware types that have a history of becoming an ignition source, and provides a combustion free space consisting of a clearing of not less than 10 feet in each direction from the outer circumference of such pole, tower or line.

EXCEPTION: Lines used exclusively as telephone, telegraph, messenger call, alarm transmission or other lines classed as communication circuits by the Public Utilities Commission. The Chief may permit other exceptions from the

requirements of this section that are based upon the specific circumstances involved.
604.6.2 Electrical Distribution and Transmission Line Clearance. Except as otherwise provided in Sections 604.6.3 below, any Persons owning, controlling, operating, or maintaining electrical transmission or distribution lines upon hazardous fire areas, including but not limited to any mountainous land, forestcovered land, brush-covered land, or grass-covered land shall maintain the clearance specified in all directions between vegetation and conductors carrying electrical current: The Chief may permit exceptions from the requirements of this section which are based upon the specific circumstances involved. 604.6.3 Exceptions to Minimum Clearance Provisions. Low voltage lines.

Section 604.6.2 above does not apply if the transmission or distribution line voltage is 750 volts or less. Poles and towers. The minimum clearance provisions of subsection 318.1 above are not required around poles and towers, including line junction, comer and dead end poles and towers:

A. Where all conductors are continuous over and through a pole or tower; or B. Where all conductors are not continuous over or through a pole or tower, provided all conductors and subordinate equipment are of the types listed below and are properly installed and used for the purpose for which they were designed and manufactured.
(1) Compression connectors.
(2) Automatic connectors.
(3) Parallel groove connectors.
(4) Hot line tap or clamp connector that are designed to absorb any expansion or contraction by applying spring tension on the main line or running conductor and top connector.
(5) Fargo GA 300 series piercing connectors designed and manufactured for use with tree wire.
(6) Flat plate connectors installed with not less than two bolts. (7) Tapered C-shaped member and wedge connectors.
(8) Solid blade single phase bypass switches and solid blade single phase disconnect switches associated with circuit reclosures, sectionalizers and line regulators.
(9) Equipment that is completely sealed and liquid filled. (10) Current limiting, non-expulsion fuses.

604.6.4 Abatement. In the event that the abatement is not performed as required in Sections 4907.3.2.1 or 49007.3.2 of this section, the Chief may give notice to the owner of the property upon which such condition exists to correct such prohibited conditions. If the owner fails to correct such conditions, the Chief may cause the same to be done and make the expense of such correction a lien upon the property upon which such condition exists.

Section 604.7 hereby added to the California Wildland-Urban Interface Code to read as follows:
604.7 Unusual Circumstances.
604.7.1 General. The fire code official may suspend enforcement and require reasonable alternative measures designed to advance the purposes of this chapter if he determines in any specific case that any of the following conditions exist:

1. Difficult terrain.

2. Danger of erosion.

3. Presence of plants included in any state or federal resources agencies, California Native Plant Society, and County approved list of wildlife, plants, rare, endangered and/or threatened species.

4. Stands or groves of trees or heritage trees.

5. Other unusual circumstances that make strict compliance with the clearance of vegetation provisions of this chapter undesirable or impractical.

Section 4. Adoption of Fire Hazard Severity Zone Map.

The Fire Hazard Severity Zone Map entitled “City of Calimesa Fire Hazard Severity Zones” attached hereto as Exhibit A, is hereby adopted and designated as the official FHSZ map of the City. The City Clerk and Fire Chief shall maintain the map on file and ensure that a searchable digital copy is posted on the City’s website.

Section 5. REPEAL OF ORDINANCE NOS. 327, 328, AND 352-U Ordinance Nos. 327, 328, and 352-U, and any and all other provisions of ordinances in conflict herewith, are hereby repealed in their entirety.

Section 6. SEVERABILITY
If any portion of this Ordinance is found to be unconstitutional or invalid, the City council hereby declares that it would have enacted the remainder of this Ordinance regardless of the absence of any such invalid part or portion. The City Council of the City of Calimesa hereby declares that it would have passed this ordinance, and each section, subsection, clause or phase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.

Section 7. PENALTY
Except where specified to be an infraction, violation of any provision of this Ordinance or any Code adopted herein by reference shall constitute a misdemeanor and shall be punishable by a fine not to exceed one thousand dollars ($1,000) or by imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. Each and every day such a violation exists shall constitute a separate and distinct violation of this Ordinance.

Section 8. EFFECTIVE DATE
This Ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby, shall take effect and be in full force and effect thirty (30) days from and after the date of its final passage and adoption, but no sooner than January 1, 2026.

INTRODUCED AND PASSED UPON FIRST READING by title only, this 15th day of September 2025, upon the following vote:

AYES: Cervantez, Cundieff, Garcia, Manly and Molina
NOES: None
ABSENT: None
ABSTAIN: None
PASSED, APPROVED, AND ADOPTED this 6
th day of October 2025, upon the following
vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________

LINDA MOLINA, MAYOR
ATTEST:
___________________________________

DARLENE GERDES, CITY CLERK
APPROVED AS TO FORM:
___________________________________
STEVEN L. FLOWER, CITY ATTORNEY

City Council Meeting
Agenda Report
Agenda Item No. 12
SUBJECT: APPROVAL OF CITY OF CALIMESA COMMUNITY GRANT

GUIDELINES AND APPLICATION
MEETING DATE: October 6, 2025
PREPARED BY: Will Kolbow, City Manager
RECOMMENDATION: That the City Council approve of the Calimesa Community Grant Guidelines and Community Grant Application.

BACKGROUND: The City of Calimesa in prior years provided funding to support various community nonprofit organizations. To request funds from the City Council, organizations followed a process which included requests directly to staff contacts, with presentation and approval at City Council meetings. To consolidate and streamline the grant process, at the February 18, 2025 City Council meeting, the City Council directed staff to prepare Community Grant Guidelines and a formal application process, with the assistance of the Finance Committee. ______________________________________________________________________________ DISCUSSION:

The purpose of the City of Calimesa’s community grant program is to enhance the community through partnerships with local nonprofit organizations to assist with events, services, and activities which support the residents of Calimesa such as and including seniors, youth, health, arts and cultural events.

The Community Grant Program Guidelines document provides a framework of the requirements to be eligible for grant programs, maximum amounts that may be requested per grant application, and pertinent dates. The Guidelines also note the request of the City Council that organizations return in June of the year of grant award to provide an impact update and results of the grant award.

The Community Grant Application requests the specifics of an organization and the program/event for which the grant will support. Information requested includes a detail list of board members, years in existence as a nonprofit organization, program/event budgets and the overall impact to the Community should the grant be awarded. Each application will be screened by staff with a scoring matrix to ensure all grant requirements are met. Staff will provide a schedule of all grant requests for discussion and selection of grant awards at a City Council meeting. In consideration of ethics requirements, any nonprofit organizations that have current City Council members or their immediate family as members of the Board of Directors, that respective City Council member must abstain from the vote to avoid the appearance of favoritism. The Finance Committee met last month to review the draft Guidelines and Applications. The Committee provided valuable input and suggestions which have been integrated into the Guidelines and Application before you for your consideration.

______________________________________________________________________________ FISCAL IMPACT: The City of Calimesa Fiscal Year Budget for 2025-26 has allocated $15,000 to support a Community Grant Program.

ATTACHMENTS:

Attachment A: Community Grant Program Guidelines
Attachment B: Community Grant Application

City of Calimesa
Grant Program Guidelines
The City of Calimesa welcomes applications for the City’s annual grant program.

To be eligible to submit for a Calimesa Grant, the organization must be a 501(c)3 organization. All applicants must provide proof of 501(c)3 status with an IRS Determination letter with the applying organization’s name. Organizations are not eligible for City of Calimesa grant funds if the charitable status is pending approval from the Internal Revenue Service or if they are a registered status other than a 501(c)3.

The maximum grant request amount is $3,000 per organization. Additional funds in excess of the maximum amount may be considered and approved at the City Council’s discretion.

The maximum grant amount or grant funding is not guaranteed with the submission of an application. An organization should not anticipate or expect renewed or continual grant renewals in subsequent years. If a grant is awarded to an organization, grant payments will be made within 30 days after the grant awardee’s program or event date.

Applying organizations must describe how the program/event will benefit the Community of Calimesa, the primary target group to receive benefits, alternative and additional funding support outside of the requested grant amount, the program budget, and a copy of the most recent financial statements available of the requesting organization.

The application period is open from November 1, 2025 through November 30, 2025.

Applications will be reviewed by the City of Calimesa and approved at the second City Council meeting in December 2025.

All applicants are required to provide a follow up report, at a date to be determined at a City Council meeting of how the grant supported the Community of Calimesa with data and relevant information of results and relevant grant outcomes.

Key Date and Timelines:

November 1, 2025 – November 30, 2025 – Grant applications are available at Calimesa.gov and should be completed and submitted to the following email:____________________. Applications received after November 30, 2025 will not be accepted for review.

December 2025 – Grant applications will be reviewed and submitted to Calimesa City Council.

June 2026 – Grant Awardees Organizations will be informed of a date and time to present the results and impacts of the grant awards at a City of Calimesa City Council public meeting. Presentation should approximate 3-5 minutes in length.

Attachment 12A

City of Calimesa
Community Activity Grant Application
Name of Applicant/Organization:

Tax ID:

Mailing Address: Phone Number:

Contact(1) Name: Contact(1) Phone Number:

Contact(1) email address:

Contact(2) Name: Contact(2) Phone Number:

Contact(2) email address:

Yes No
Information provided in this application is subject to Public Records disclosure requirements.

1. 2.

3. 4.

5. Estimated number of volunteers (including Board and Committee Members):

Is a current City Council member or immediate family member on your board?: Yes No Name and titles of all Officers and Board of Directors: (Please provide an organization chart if available) Attachment 12B

City of Calimesa
Community Activity Grant Application
Grant Funding Request/Program Description
Name of program/event: Date(s) of program/event:

Estimated cost for program/event: Total Amount of Request:

Program/event primary target audiance
Briefly describe the impact to this program/event if the grant were not to be funded.

Please describe how this program/event will benefit the community of Calimesa.

City of Calimesa
Community Activity Grant Application
Title Date
Financial Budget
Please provide other contributions and funding sources for this program/event. Please do not include the City's grant funding as a source. Please provide summary information and amounts in excess of $100.

Please attach a budget for this program/event and a copy of the organization's most recent financial statement.

Certification
I, the undersigned, do hereby attest that the above information is true and correct to the best of my knowledge.

This section must be signed by an officer of the organization.

To Be Completed By The City
Date City Council received follow-up report
Additional Notes: