Calimesa Municipal Code
Chapter 18.65 FENCE, WALL, AND SCREENING
STANDARDS
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
5. Razor wire.
6. Debris, or berms formed with various materials other than dirt and landscaping. [Ord. 342 § 3 (Exh. A), 2016.]
18.65.060 Exemptions.
The following fence and wall types are exempt from the specified provisions of this zoning code:
A. City- or state-required sound attenuation walls bordering freeways are exempt from CMC 18.65.020 and
18.65.030 if so recommended by a noise attenuation study and first approved by the community development director.
B. Fences installed by the city inside of or on the perimeter of a public park shall be exempt from CMC 18.65.020,
18.65.030, and 18.65.040, and 18.65.050(B)(2).
C. Fences installed by a public or private school inside of or on the property boundary of the school grounds shall be exempt from CMC 18.65.020, 18.65.030, and 18.65.040, and 18.65.050(B)(2).
D. Fences around public baseball diamonds, and sports fields shall be exempt from CMC 18.65.020, 18.65.030, and
18.65.040, and 18.65.050(B)(2).
E. Agricultural fences for the keeping of animals, including horse arenas and corrals so long as the fence is not a perimeter fence, unless outside of any required setback, shall be exempt from CMC 18.65.020, 18.65.030, and
18.65.040, and 18.65.050(B)(1), (2) and (4). Solid fences must comply with the clear site triangle requirements listed in CMC 18.65.020(A)(1).
F. Agricultural fences around fruit orchards shall be exempt from CMC 18.65.020, 18.65.030, and 18.65.040, and
18.65.050(B)(1) and (2). Solid fences must comply with the clear site triangle requirements listed in CMC
18.65.020(A)(1).
G. Golf course driving range fences shall be exempt from CMC 18.65.020, 18.65.030, and 18.65.040, and
18.65.050(B)(2).
H. Temporary construction fences as part of an approved project.
I. Fences or walls in association with an approved temporary use permit.
J. Fences legally constructed prior to the adoption of the ordinance codified in this chapter, except that CMC
18.65.040(B) shall apply. [Ord. 342 § 3 (Exh. A), 2016.]
Calimesa Municipal Code
Chapter 18.70 LANDSCAPE REQUIREMENTS
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
Chapter 18.70
LANDSCAPE REQUIREMENTS
Sections:
18.70.010 Purpose and intent.
18.70.020 Definitions.
18.70.030 Applicability.
18.70.040 Exclusions.
18.70.050 Landscape plans.
18.70.060 Irrigation systems.
18.70.070 Procedural requirements.
18.70.080 Landscape design requirements.
18.70.090 Plant materials.
18.70.100 Trees – General requirements.
18.70.110 Street trees.
18.70.120 Tree preservation guidelines.
18.70.130 Parking lots.
18.70.140 Special areas and features.
18.70.150 Landscape maintenance.
18.70.160 Landscape security/bonding requirements.
18.70.170 Erosion control.
18.70.180 Slopes.
18.70.190 Soils.
18.70.200 Compliance.
18.70.210 Severability.
18.70.010 Purpose and intent.
The purpose of this chapter is to establish landscaping regulations that are intended to:
A. Enhance the aesthetic appearance of development in all areas of the city by providing standards relating to quality, quantity and functional aspects of landscaping.
B. Increase compatibility between residential and abutting commercial and industrial land uses.
C. Reduce the heat and glare generated by development.
D. Protect the public health, safety and welfare by minimizing the impact of all forms of physical and visual pollution, controlling soil erosion, screening incompatible land uses, preserving the integrity of neighborhoods and enhancing pedestrian and vehicular traffic and safety. [Ord. 94-4; Code 1990 § 9.14.01.]
18.70.020 Definitions.
Whenever the following words and phrases are used in this chapter, unless otherwise defined in this chapter, they shall have the meanings ascribed to them in this section:
“Application rate” means the depth of water applied to a given area, usually measured in inches per hour. “Applied water” means the portion of water supplied by the irrigation system to the landscape. “Automatic control timer” means a mechanical or solid state timer, capable of operating valve stations to set the days and length of time of a water application.
“Established landscape” means the point at which plants in the landscape have developed roots in the soil adjacent to the root ball; the time in which this occurs is defined as the “establishment period.” “Establishment period” means the first year after installation of the plant(s) in the landscape.
Calimesa Municipal Code
Chapter 18.70 LANDSCAPE REQUIREMENTS
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. “Evapotranspiration” means the quantity of water evaporated from adjacent soil surfaces and transpired by plants during a specific time.
“Homeowner” means the individual that has title to the parcel and dwelling unit. “Hydrozone” means a portion of the landscaped area having plants with similar water needs that are served by a valve or a set of valves with the same schedule.
“Landscaped area” means the entire area served by an irrigation system, less the building footprint, driveways, nonirrigated portions of parking lots, hardscapes such as decks, patios, walkways and other nonporous areas. Water features are included in the calculation of the landscaped area. Areas dedicated to edible plants, such as orchards or vegetable gardens, are not included.
“Mulch” means any material such as leaves, bark, straw or other materials left loose and applied to the soil surface for the beneficial purpose of reducing evaporation.
“Overspray” means the water which is delivered beyond the landscaped area, wetting pavements, walks, structures or other nonlandscaped areas.
“Parking lot entry” means the main public entrance(s) to a commercial/industrial site where the entry is off of a publicly maintained street.
“Rain-sensing device” means a system which senses rainfall and automatically shuts off the irrigation system. “Recreational area” means areas of active play or recreation such as sports fields, school yards, picnic grounds or other areas with intense foot traffic. “Recycled water,” “reclaimed water,” or “treated sewage effluent water” means treated or recycled waste water of a quality suitable for nonpotable uses such as landscape irrigation; not intended for human consumption. “Runoff” means water which is not absorbed by the soil or landscape to which it is applied and flows from the area. “Soil-moisture-sensing device” means a device that measures the amount of water in the soil. “Soil texture” means the classification of soil based on the percentage of sand, silt and clay in the soil. “Sprinkler head” means a device which sprays water through a nozzle. “Turf” means a surface layer of earth containing mowed grass with its roots. Annual bluegrass, Kentucky bluegrass, perennial ryegrass, red fescue and tall fescue are cool season grasses. Bermuda grass, kikuyu grass, seashore paspalum, St. Augustine grass, zoysia grass and buffalo grass are warm season grasses. “Valve” means a device used to control the flow of water in the irrigation system. “Water-conserving plants” means plants that can survive with little or no water other than available rainfall. Most water-conserving plants need water initially in order to become established. In addition, some water-conserving plants need occasional watering, infrequent but deep soakings to encourage a deep root system. “Xeriscape” means a combination of landscape features and techniques that in the aggregate reduce the demand for and consumption of water, including appropriate low-water-using plants, nonliving ground cover, a low percentage of turf coverage, permeable paving and water-conserving irrigation techniques and systems. [Ord. 94-4; Code 1990 § 9.14.02.]
Calimesa Municipal Code
Chapter 18.70 LANDSCAPE REQUIREMENTS
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
18.70.030 Applicability.
Except as provided in CMC 18.70.040, this chapter shall apply to all new and rehabilitated landscaping for public agency projects and private development projects in the city of Calimesa, including:
A. Developer-installed landscaping in single-family front yards and multifamily projects.
B. Common area landscaping in single-family projects.
C. Commercial and industrial projects.
D. Rehabilitated landscaping on existing development. As applied to landscaping, a rehabilitated project includes installation of new plants into existing landscape area, or the increase of existing landscape area.
E. Developer shall notify buyer of homeowner responsibility to maintain street trees and all landscaping within public rights-of-way on homeowner’s lot of record. [Ord. 94-4; Code 1990 § 9.14.03.]
18.70.040 Exclusions.
This chapter shall not apply to:
A. Homeowner-provided landscaping at single-family residences and owner-occupied units at multifamily projects.
B. Registered historical sites.
C. Ecological restoration projects that do not require a permanent irrigation system.
D. Mined land reclamation projects that do not require a permanent irrigation system.
E. Any project with a landscaped area less than 1,500 square feet. [Ord. 94-4; Code 1990 § 9.14.04.]
18.70.050 Landscape plans.
A. Landscape plans shall be submitted in accordance with CMC 18.75.050.
B. A fee as set by resolution of the city council shall be charged for landscape plan review and inspections. [Ord. 94- 4; Code 1990 § 9.14.05.]
18.70.060 Irrigation systems.
A. Irrigation systems operations and equipment shall be in accordance with CMC 18.75.070 through 18.75.090.
B. A fee as set by resolution of the city council shall be charged for irrigation plan review. [Ord. 94-4; Code 1990 §
9.14.06.]
18.70.070 Procedural requirements.
A. Landscaping materials and irrigation systems shall be located, designed, installed and maintained as specified on the approved plans.
B. Any modification to an approved landscape or irrigation plan must be applied for in writing and approved by the community development department prior to installation of said landscaping or irrigation system.
C. No final inspection or certificate of occupancy will be granted until all the landscaping and irrigation is installed in accordance with approved plans and bonded for maintenance in an amount to be determined by the community development department in accordance with CMC 18.70.160. Requests for final inspection and certificate of occupancy prior to completion of landscape installation may be considered by the community development department on a case-by-case basis. In these cases, a bond to guarantee installation in an amount equal to the cost of the landscape materials and installation labor, but not less than $500.00, shall be posted. Such installation bonds shall require that landscape installation be completed no later than 60 days from the date of posting.
D. All approvals of landscape and irrigation plans are subject to and dependent upon the applicant complying with all applicable ordinances, codes, regulations, adopted policies and the payment of all applicable fees and
Calimesa Municipal Code
Chapter 18.70 LANDSCAPE REQUIREMENTS
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. assessments. Such additional requirements shall include, where applicable, obtaining plumbing permits for irrigation systems. [Ord. 94-4; Code 1990 § 9.14.07.]
18.70.080 Landscape design requirements.
Landscape design shall be in accordance with CMC 18.75.060 in addition to the following:
A. Landscape plant materials shall be primarily long-lived perennial varieties. Short-lived annual materials may be utilized but only as a supplement to longer-lived elements.
B. Appropriate trees, shrubbery and creeping vines shall be provided along all walls and fences adjoining public rights-of-way.
C. Appropriate shrubs and trees shall be provided along all walls and fences in residential tracts which face the public right-of-way.
D. All plants shall meet the minimum standards of the California State Department of Agriculture regulations and be uniform in growth habit and be either container-grown or field-grown material.
E. Mature Plant Material. Generally, the use of older, aging, mature specimen plant material or native plants shall not be permitted unless the developer can provide assurances/guarantees that such transplanted material will survive.
Therefore, prior to city approval for use, native plant material, plant material in containers 48-inch box size or larger, bare root plant material, and individual specimen plants shall be certified by a licensed landscape architect or professional arborist/horticulturist that the plant is vigorous and in a healthy condition, capable of being successfully transplanted to the proposed site and likely to survive such transplanting.
F. Plant materials shall conform to the following spacing standards when planted near public utilities:
1. A minimum of 20 feet from the pavement edge at a street intersection to the center of the first large shrub in excess of four feet in height.
2. A minimum of 15 feet between center of trees and large shrubs for lighting standards.
3. A minimum of 15 feet between center of trees or large shrubs and fire hydrants.
4. A minimum of 10 feet between center of trees or large shrubs and edge of driveways and alleys. [Ord. 94-4; Code 1990 § 9.14.08.]
18.70.090 Plant materials.
A. Shrubs.
1. All shrubs shall be water-conserving varieties as specified in the “City of Calimesa List of Water-Conserving Plants.” Shrubs not listed may be utilized subject to the approval of the community development department upon recommendation by a licensed landscape architect and acceptance by city staff.
2. Shrub selection and planting methods shall be suitable for the soil and climatic conditions of the site. Shrub sizes shall be a minimum of five gallon; however, the use of smaller plants may be approved for areas where color or growth habits make it suitable.
B. Ground Covers.
1. All landscaped areas other than turf areas and hardscape areas shall be underplanted with living ground cover. Limited use of materials such as crushed rock, redwood chips, pebbles and stone is acceptable; however, in no case should the use of such materials exceed 15 percent of the total amount of ground cover area. Where possible, plants should be incorporated into nonliving ground cover areas. Artificial plants and painted surfaces are not acceptable under any circumstance.
Calimesa Municipal Code
Chapter 18.70 LANDSCAPE REQUIREMENTS
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
2. All ground cover materials shall be water-conserving as specified in the “City of Calimesa List of WaterConserving Plants.” Ground cover materials not listed may be utilized subject to the approval of the community development department upon recommendation by a licensed landscape architect and acceptance by city staff.
C. Turf.
1. Water-conserving varieties of turf grass shall be used. Warm season grasses are more water-conserving than cool season grasses. Bermuda grass, kikuyu grass, seashore paspalum, St. Augustine grass, zoysia grass and buffalo grass are warm season grasses. Bluegrass and ryegrass varieties (cool season) should be avoided.
2. The method of installation (seeding, hydromulching or sodding) shall be noted on the landscape plans.
3. Turf areas shall not exceed 25 percent of the landscaped area. However, turf that is specifically intended for outdoor living/recreational uses shall be exempt from this limit. In order to qualify as a recreational-use turf area, the area in question must demonstrate usability with features such as, at a minimum, easy pedestrian access and a minimum dimension of 15 feet.
4. Nonrecreational turf should be located so as to maximize visibility.
5. The minimum dimension of any turf area should be determined by the minimum “throw” of the sprinkler head to be used for that area and in no case may be less than 10 feet. Landscape areas with dimensions of less than 10 feet should be planted with nonturf materials.
6. All turf areas shall be separated from other landscaped areas by concrete curb, a band of redwood or other acceptable material having a minimum above-grade height of four inches and a minimum thickness of threequarters of an inch.
7. Turf areas should drain away from trees and shrubs except where runoff water is used to irrigate a nonnative/adapted plant species.
8. Turf areas should not exceed a 10 percent (one-in-10) slope. This standard may be relaxed where perimeter berms are to be used to screen project parking, or other undesirable project areas, from view of the public rightof-way.
Where turf is to be used on slopes greater than 10 percent, three square feet of turf will be subtracted from the total turf area allowed the project for each square foot of turf located above the 10 percent slope line. [Ord. 94- 4; Code 1990 § 9.14.09.]
18.70.100 Trees – General requirements.
A. Trees for shade shall be provided for residential, commercial and industrial buildings, parking lots and open space areas.
B. Trees should be planted to shade turf, ground cover, shrub and parking areas, thereby reducing water evaporation from these areas.
C. Trees shall be water-conserving varieties as specified in the “City of Calimesa List of Water-Conserving Plants” included as Appendix A attached to the ordinance codified in this chapter. Trees not listed may be utilized subject to the approval of the community development department upon recommendation by a licensed landscape architect and acceptance by city staff.
D. Tree selection and planting methods shall be suitable for the soil and climatic conditions of the site. Unless otherwise stated in this chapter, tree sizes shall conform to the following mix:
1. Sixty percent, 15 gallon.
2. Twenty-five percent, 24-inch box.
3. Fifteen percent, mature specimen trees in 36-inch box.
Calimesa Municipal Code
Chapter 18.70 LANDSCAPE REQUIREMENTS
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
4. The minimum tree size at time of planting shall be a 15-gallon tree.
E. All trees shall be double-staked and secured with a rubber or plastic strip, or other commercial tie material. Wire ties shall not be used. Refer to the city of Calimesa street tree staking and planting details (STD-L-050) of the city of Calimesa construction specifications and improvement standards.
F. Where trees are planted in paved pedestrian areas, they shall have a protective tree grate. Tree grates shall be recycled plastic, concrete or cast iron with a natural finish.
G. Trees and Turf.
1. Turf should be separated from new trees to prevent overwatering of the tree, surface rooting, crown-rot and “girdling” of the tree trunk by maintenance equipment.
The minimum separation should be from three to five feet. If the tree is located within a turf area, this separation should be five feet in diameter. Ground cover and/or shrubs may be planted within this area.
2. If trees are to be planted in a turf area, the following criteria should be met:
a. Only deep-rooted tree species should be used.
b. Turf area should be graded so that turf irrigation water drains away from the tree. c. Turf irrigation should be directed away from the tree. The tree should be watered by a combined bubbler/deep waterpipe fixture. [Ord. 94-4; Code 1990 § 9.14.10.]
18.70.110 Street trees.
A. Street trees shall be planted on the entire length of all existing and planned extensions of designated city streets, commercial/industrial streets, residential streets or other established thoroughfares.
B. The designated street trees for each affected street shall be selected from the approved street tree list included in Appendix A attached to the ordinance codified in this chapter, except that in the case of designated specific tree areas where only trees which provide fall foliage may be planted, as decided by the city (refer to CMC
18.70.140(D)). The developer may select any tree species from the approved list and utilize those species on the designated street. Mixing deciduous and evergreen trees is desirable.
C. The size of street trees shall be 24-inch box specimens.
D. Street trees shall be clean, fruitless, require little maintenance, be structurally strong, insect- and disease-resistant and require little pruning.
E. Street Trees for Designated Streets. All development adjacent to the following major corridors1 or historical community routes (to be determined by the city) shall incorporate within the development plan a designated street tree/parkway theme with selected trees from Group “A” of the approved street tree list included in Appendix A attached to the ordinance codified in this chapter. Designated corridors/routes:
1. Calimesa Boulevard.
2. Avenue L.
3. California Street.
4. County Line Road.
5. Singleton Road.
6. Bryant Street.
7. Fifth Street.
Calimesa Municipal Code
Chapter 18.70 LANDSCAPE REQUIREMENTS
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
F. All major intersections (88 feet or greater in width) and cross streets shall contain intersection enhancement improvements at the time of development of abutting properties. Refer to CMC 18.70.140(D), Specific Tree Areas.
G. Street Trees for Nondesignated Streets. Required street landscaping for developments or uses not located adjacent to a designated street specified above shall select and incorporate street trees based upon Group “B” of the approved street tree list included in Appendix A attached to the ordinance codified in this chapter. The city may allow deviations from the list where it can be found that such tree will not adversely affect the public right-of-way.
H. Location.
1. All street trees shall be planted a minimum of 20 feet from the pavement edge at a street intersection to the center of the first tree.
2. All street trees shall be planted not further than 10 feet from the back of sidewalks. Deviations from this requirement may be permitted through development plan review.
3. Group “A” trees are permitted within the public right-of-way provided they are spaced at least 30 to 40 feet on center, are to be planted within a planting area which contains at least a six-foot minimum radius area around the tree trunk, and are trained and pruned to achieve and maintain a minimum eight-foot vertical clearance between the sidewalk grade and the tree branch structure above the sidewalk grade and a minimum clearance within the street travel-way of 15 feet between the street travel-way grade and the tree branch structure.
4. Group “B” trees are permitted within the public right-of-way provided they are spaced at least 25 to 35 feet on center, are to be planted within a planting area which contains at least a four-foot minimum radius area around the tree trunk, and are trained and pruned to achieve and maintain a minimum eight-foot vertical clearance between the sidewalk grade and the tree branch structure above the sidewalk grade and a minimum clearance within the street travel-way of 15 feet between the street travel-way grade and the tree branch structure.
5. Street tree locations for all residential subdivisions within the city shall be located such that at maturity the crown will not encroach across property lines. The trees shall be planted a minimum of 10 feet from all driveways and spaced according to Group “A” or “B” requirements or a minimum of one tree per lot. Corner lots are required to have street trees on both frontages. Reverse corner lots, side yards and rear yards facing a public right-of-way are required to have street trees spaced according to Group “A” or “B” requirements.
Deviations from the above spacing standards shall be permitted to accommodate driveways, utility appurtenances, sight distance requirements, public safety or other similar right-of-way constraints as deemed necessary by the city engineer and community development department.
Where street trees are required adjacent to larger development sites and meandering sidewalk alignments or configurations are proposed, designated street trees should be alternated between street curb and contiguous to sidewalk, provided adequate planting area and planting conditions are established to meet the growth requirements of the tree.
Where sidewalks are required adjacent to the street curbs, on-site development plans shall be designed in such a manner as to assure that street trees have adequate planting area (combined with the available public right-of-way) to assure proper tree root development, taking into consideration underground utility alignments. In certain cases, the city may require tree root guards to assure proper root development. Group “A” and Group “B” trees shall be installed with such root guard type devices where available planter areas are less than six feet in width from curb or sidewalk.
I. Tree Removal. No street tree shall be removed without the city’s consent. All destroyed or dying trees shall be replaced by the property owner.
J. Encroachment permits shall be obtained for all installations associated with this section to the satisfaction of the city prior to the commencement of any installation work. [Ord. 94-4; Code 1990 § 9.14.11.]
Calimesa Municipal Code
Chapter 18.70 LANDSCAPE REQUIREMENTS
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
18.70.120 Tree preservation guidelines.
The following tree preservation guidelines shall be incorporated into approved grading, building and landscaping plans as appropriate and shall apply to all species of trees with the exception of oak trees, which are regulated by Chapter 18.80 CMC:
A. Removal of healthy, shade-providing, aesthetically valuable trees shall be discouraged. In the event that more than five trees are to be cut down, uprooted, destroyed or removed within a 36-month period, a permit shall first be issued by the community development department.
1. Prior to any permit issued for tree removal, all existing trees on-site shall be surveyed and plotted by the applicant.
2. Unless there is a preapproved tree replacement plan, granted with a development approval, any mature specimen that is removed in a new subdivision is considered to be of significant value by the community development department and shall be replaced with a 36-inch box specimen tree in addition to any other required landscaping. Such a plan does not necessarily require a tree for tree replacement provision.
Commercial tree farms, city government projects and individual single-family lots less than one acre shall be exempt from this provision.
3. Repealed by Ord. 246.
B. Every effort shall be made to prevent encroachment of structures, grading, or trenching within the dripline or 25 feet of the trunk of any trees, whichever is greater.
C. If encroachment within the dripline is unavoidable, no more than one-third of the root area shall be disturbed, graded or covered with impervious materials. The root area is considered to extend beyond the dripline a distance equal to one-half the radius.
D. Building, grading or improvements shall not occur within 10 feet of any tree trunk.
E. Retaining walls shall be constructed where necessary to preserve the natural grade at least one-half the distance between the trunk and dripline. Walls shall be designed with a post or caisson footing rather than a continuous footing to minimize root damage.
F. Runoff channelled near trees shall not substantially change normal soil moisture characteristics on a seasonal basis.
G. Runoff shall not be directed towards the base of trees so that the base of the trees remain in wet soil for an extended period. Where natural topography has been altered, drainage away from trunks shall be provided where necessary to ensure that water will not stand at the crown.
H. Sedimentation and siltation in the drainage ways shall be controlled where necessary to avoid filling around the base of the trees.
I. Land uses that would cause excessive soil compaction within the dripline of trees shall be avoided. If the areas are planned for recreation, trails shall be provided so as to restrict compaction to a small area. Heavy use under trees shall be avoided unless measures to minimize compaction are undertaken. [Ord. 246 §§ 1, 2, 2006; Ord. 94-4; Code 1990 § 9.14.12.]
18.70.130 Parking lots.
A. General.
1. All parking lots shall be screened from view in urban areas along the entire perimeter of the lot by the construction of either a three-foot-high earthen berm or a landscape buffer planted with shrubbery that can be maintained at a height of three feet. The minimum berm or buffer size shall be five feet in width. All landscaped islands shall have a minimum width of five feet excluding curbs.
Calimesa Municipal Code
Chapter 18.70 LANDSCAPE REQUIREMENTS
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
2. The grading plans shall show the drainage of all planting areas and the heights of mounds. Mounds shall not exceed 3:1 slope, and no mound over 30 inches high shall be placed within 10 feet of any street and/or alley intersections.
3. Proposed treatment of all ground surfaces, including paving, turf and gravel, shall be shown.
4. Planters. Planters containing live landscaping shall be provided adjacent to and within parking lots in accordance with the following regulations:
a. All landscaping shall be within planters bounded by a curb at least six inches wide and six inches high.
No parking island planters shall be smaller than 25 square feet, excluding curbing. Each planter shall include an irrigation system.
b. A planter at least five feet wide, excluding curbing, shall be provided adjacent to all street right-of-way.
In addition, any area within the street right-of-way between the edge of the sidewalk and outer edge of the right-of-way shall also be developed as a planter or landscaped area in conjunction with the required fivefoot planter, unless this requirement is waived by the community development department. A planter shall be increased to eight feet, excluding curb, for every development on a public street which is classified as a collector (44 feet/66 feet) or larger. The planter shall include trees, shrubs, hedges and other natural growth or other features such as berms, designed to form a partial visual screen at least three feet in height, except within 10 feet of street and driveway intersections where landscaping shall not be permitted to grow higher than 30 inches. Nothing in this section shall preclude the installation of additional landscaping and the planting of additional trees so long as such planting is consistent with the visibility regulations. At the discretion of the community development department, a barrier-free, four-foot-wide paved walkway may be provided through the required planter at street and driveway intersections to provide unencumbered access for the handicapped from the sidewalk to the parking lot. Such walkway shall be located so as to facilitate the most direct movement of persons using sidewalk curb ramps, if such are provided. Bus shelters may be located within this planter if approved by the community development department, but such shelters shall not be placed so as to reduce the number of trees which are otherwise required by this section.
c. A six-inch-high curb with a 12-inch-wide concrete walkway shall be constructed along planters on end stalls adjacent to automobile parking areas to facilitate access to parked vehicles. d. A planter at least five feet wide, excluding curbing, shall be provided adjacent to all properties. Within this planter, one screen tree from the approved list shall be planted at an average of at least every 25 feet on center, in combination with other plants, to provide a dense visual screen. In addition, projects abutting residential uses shall incorporate additional trees and large shrubs between the trees to create an additional buffer.
5. In addition to the perimeter landscaping required by subsection (A)(1) of this section, parking lots of five spaces or more shall provide landscaped areas interior to the parking lot covering a percentage of the total parking area as follows:
Parking Spaces
Percent of Total Parking Area
to Be Landscaped
5 – 24 spaces 6.0% minimum
25 – 49 spaces 8.5% minimum
50+ spaces 11.0% minimum
6. When the total uncovered area on the property (including adjoining parcels over which the property has parking privileges) exceeds 3,600 square feet, the following shall be required in addition to other provisions of this section of a landscape plan:
Calimesa Municipal Code
Chapter 18.70 LANDSCAPE REQUIREMENTS
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. a. Trees, shrubbery and ground cover shall be provided at suitable intervals in order to break up the continuity of the parking area. Planting islands for such trees and shrubs shall be protected from automobile traffic by concrete curbs.
b. All ends of parking lanes shall have landscaped islands. All landscaped islands shall have a minimum width of five feet excluding curbs.
7. Landscaped areas shall be distributed throughout the entire parking area as evenly as is appropriate in the design of the parking facility.
8. All landscaped areas shall be designed so that materials are protected from vehicle damage, encroachment or overhang.
9. Public parking areas shall be designed with a permanent curb, bumper, wheel stop or similar device so that a parked vehicle does not overhang required sidewalks, planters or landscaped areas. If such protection is provided by means of a method designed to stop the wheel rather than the bumper of the vehicle, the stopping edge shall be placed no closer than two feet from the edge of any required sidewalks, planters or landscaped areas, and from any building. The innermost two feet of each parking space, between the curb and any planter or sidewalk, may remain unpaved, be planted with low ground cover, or added to any required or proposed landscaping to allow for bumper overhang. This additional planting area is considered part of the parking space and may not be counted toward satisfying any landscaping requirement.
10. All shrubs used within parking lot landscape shall be drawn to reflect the average specimen size at 15 years of age. Shrubs shall be a minimum five-gallon size; however, the use of smaller plants may be approved for areas where color or growth habits make it suitable.
B. Trees.
1. Trees shall be planted and maintained throughout the parking lot area to ensure that within 15 years after establishment of the parking lot at least 50 percent of the parking spaces will be shaded. The parking lot shading plan should be calculated by using the diameter of the tree crown at 15 years. Trees planted in order to comply with the regulations of this section shall be selected from the fast-growing tree list included in Appendix A attached to the ordinance codified in this chapter. The applicant may choose to select a tree outside this list provided the selected tree complies with the intent of this chapter. A mix of tree types is desired if more than five trees are proposed.
2. Parking lot trees shall be clean, fruitless, require little maintenance, be structurally strong, insect- and disease-resistant and require little pruning.
3. Tree sizes for parking lot planters shall be as follows:
a. Twenty-four-inch box minimum.
4. In addition to the above requirements, parking lot trees shall be planted in compliance with CMC 18.70.100.
C. Parking Lot Entry Treatment Standards.
1. Parking lot entries, for commercial/industrial projects over five gross acres in size, shall include additional special design requirements, including but not limited to the following:
a. Monument walls identifying the project.
b. Enhanced landscape areas.
c. Specimen trees shall be a minimum of 36-inch box size. d. Incorporate mounding within the overall design, with landscaped slopes not exceeding a 3:1 ratio, or three feet in height. No mound shall be within 10 feet of any street and/or alley intersections.
Calimesa Municipal Code
Chapter 18.70 LANDSCAPE REQUIREMENTS
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. e. Enhanced paving at intersections within the parking lot area. f. Use of enhanced paving at offset sidewalk crossings to alert drivers and pedestrians to the potential danger.
g. Trees which provide fall foliage shall be incorporated where appropriate. [Ord. 94-4; Code 1990 §
9.14.13.]
18.70.140 Special areas and features.
A. Buffer Planting/Screening Requirements.
1. An “incompatible land use” is defined as one that is more intensely developed than its neighbor. “Buffers” or “screens” consist of horizontal space (land) and vertical elements (plants, berms, fences or walls). The purpose of buffers is to physically separate and visually screen adjacent land uses that are not fully compatible.
2. All incompatible land uses shall provide a buffer area with a minimum width of 10 feet.
3. Buffer planting shall consist of a mix of large evergreen trees and shrubs as follows:
a. All trees must be a minimum of eight feet in height at time of planting, and must have an expected height of at least 35 feet at maturity. Spacing shall be 30 feet on center. b. All shrubs must be a minimum of one and one-half feet tall when planted, with an expected mature height of at least six feet within five years.
4. Clustering or staggering of plant materials is preferred over uniform planting.
5. Fences or walls must be constructed of materials compatible with the principal building.
6. Buffer planting shall occur along all freeways and major arterials in order to visually screen uses and provide noise reduction.
7. Residential development must be buffered from collector streets and higher road classifications.
B. Setback and Parkway Treatment Standards.
1. All major streets (88 feet or greater in width) shall contain a setback for parkway areas eight feet from the public right-of-way.
2. Landscape plans for setback and parkway areas shall include but not be limited to the following:
a. Setback and parkway areas shall be properly designed and landscaped in order to establish a high level of development quality while providing for neighborhood identity where appropriate. The design shall utilize uniform street tree plantings with complementary landscape materials. b. Provide a design which ensures the desired screening, shading, appearance and compatibility with established setback and parkway areas, including a sensitive transition between diverse landscape types and patterns.
c. Incorporate mounding within the overall design, with landscaped slopes not exceeding a 3:1 ratio, or three feet in height. No mound shall be within 10 feet of any street and/or alley intersections. A minimum of six feet of landscaping shall be placed on the exterior of perimeter walls and fences. d. Incorporate walls and fences into the landscape design, including the special treatment of meandering walls, and wall breaks or openings where the design shall complement the interior landscaping of the adjacent development.
Calimesa Municipal Code
Chapter 18.70 LANDSCAPE REQUIREMENTS
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. e. Street tree varieties shall be selected from the street tree list included in Appendix A attached to the ordinance codified in this chapter, and exact location shall be determined by the community development department. The community development department shall mark locations and inspect plant material on site, prior to planting. Sidewalks, curbs and gutters must be clean of debris prior to marking. A 24-hour notice is required for inspection. The size of street trees shall be 24-inch box specimens. The 24-inch box trees shall be planted as street trees fronting the public parkway of city property.
C. Corner Treatment Standards.
1. Landscape plans for any development (including residential subdivisions) on streets less than 88 feet in width involving corner lots shall include additional special design requirements, including but not limited to the following:
a. A minimum landscape area of 300 square feet for corner areas. b. Incorporate significant landscape features, including specimen trees, coordination with wall breaks or openings and special “residential entry” image treatment wherever appropriate. c. Specimen trees shall be a minimum of 24-inch box size. d. Ensure that any corner landscape landscape plan will not interfere with safe sight distances for vehicular, bicycle or pedestrian traffic.
D. Specific Tree Areas.
1. All major intersections (88 feet or greater in width) and cross streets shall contain intersection enhancement improvements at the time of development of abutting properties (refer to the city of Calimesa street tree policy intersection enhancement area (STD-L-060) of the city of Calimesa construction specifications and improvement standards). These areas shall utilize trees which provide fall foliage; these trees shall be selected from the fall foliage tree section in Appendix A attached to the ordinance codified in this chapter, and shall include additional special design requirements, including but not limited to the following:
a. A minimum landscape area of 1,250 square feet for corner areas. b. Incorporate significant landscape features, including specimen trees, coordination with wall breaks or openings and special city entry image treatment wherever appropriate. c. Incorporate signage which identifies the development; this signage shall be in the form of monument signs.
d. Specimen trees shall be a minimum of 24-inch box size. e. Ensure that any corner landscape plan will not interfere with safe sight distances for vehicular, bicycle or pedestrian traffic.
f. Clustering of fall foliage trees within specific tree areas.
E. Median Areas.
1. Landscape plans for median areas shall include additional special design requirements, including but not limited to the following:
a. Incorporate significant landscape features such as decorative rocks and enhanced paving. b. Street trees from the approved street tree list included in Appendix A attached to the ordinance codified in this chapter shall be used in median areas along with the other landscaping requirements of this chapter. c. Turf areas shall not be allowed in median areas.
Calimesa Municipal Code
Chapter 18.70 LANDSCAPE REQUIREMENTS
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. d. Irrigation systems shall be underground; no spray heads shall be utilized. e. Ensure that any landscape plan for median areas will not interfere with safe sight distances for vehicular, bicycle or pedestrian traffic.
F. Water Features.
1. Decorative Water Features. Decorative water features typically include reflective pools and ponds, spray and mist-type fountains. They function only as visual features, and are typically single water users in that they do not reuse or capture other irrigation water or stormwater runoff, nor is their wastewater reused for other project operations.
2. Functional Water Features. Functional water features provide a visual amenity or recreational feature which are integral to a required or desired project operation. Examples include: swimming pools or other recreational amenities for residential projects; water falls and puddling type fountains to create white noise; holding ponds for HVAC (heating, ventilation and air conditioning) equipment water.
3. Decorative water features, especially spray and mist-type fountains, are discouraged. Functional water features may be allowed; provided, that the water feature is an integral part of the operations of the new development.
4. Decorative water features will be counted as turf area in accordance with the turf provisions of this chapter.
5. Functional water features will not be included in the maximum allowed turf area.
6. Swimming pools and spas should be covered when not in use to reduce water loss due to evaporation.
7. Where possible, water features (excluding swimming pools and spas) shall use recycled or reused water. [Ord. 94-4; Code 1990 § 9.14.14.]
18.70.150 Landscape maintenance.
A. Landscape shall be maintained in accordance with CMC 18.75.100 in addition to the following:
1. All development projects, as a condition of approval, shall annex to the existing city of Calimesa lighting, landscape and maintenance district.
2. Major development projects (commercial developments over 10 acres in size, industrial development over 15 acres and residential developments including 100 units or more) shall be required to establish a subarea of the existing lighting, landscape and maintenance district to cover the additional costs of lighting, landscape and maintenance of the new project.
3. Trimming of shrubs and trees should enhance the natural form and beauty of the species. Topping of trees shall be avoided unless necessitated for public health and safety.
B. Street Trees.
1. All trees and related improvements shall be maintained by the abutting property owner, developers’ landscape maintenance firm, homeowners’ association or individual homeowner. All trees shall be properly watered and fertilized to assure a healthy and normal growth pattern. All street trees shall be trained, trimmed or pruned to enhance and encourage the natural form, beauty and growth habit of the species. Any severe cutback or topping is prohibited. Any other specific pruning or shaping request must first be authorized in writing by the city. However, a minimum eight-foot branch clearance (measured vertically) shall be maintained along sidewalks. Branches/canopy structures above all vehicular travel-ways shall be maintained to achieve a minimum vertical 15-foot clearance. However, emergency trimming or removal will be authorized in the event of an emergency affecting public health and safety.
Prior to the issuance of a certificate of occupancy, the landowner shall file a maintenance agreement or covenant and easement to enter and maintain, subject to the approval of the city attorney. The agreement or covenant and
Calimesa Municipal Code
Chapter 18.70 LANDSCAPE REQUIREMENTS
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. easement to enter and maintain shall ensure that if the landowner, or subsequent owners, fails to maintain the required/installed site improvements, the city will be able to file an appropriate lien(s) against the property in order to accomplish the required maintenance. [Ord. 94-4; Code 1990 § 9.14.15.]
18.70.160 Landscape security/bonding requirements.
A. Bonding requirements for landscaping shall be in accordance with CMC 18.75.100(C).
B. Bonding for Street Trees.
1. Prior to the issuance of building or grading permits, the developer shall enter into an agreement with the city for the planting of the trees and for the guarantee and warranty of the work for a period of one year following the acceptance of all improvements as against any defective work or labor done, or defective materials furnished. The amount of the security shall be $100.00 for each tree required. The security shall be released when the one-year warranty period has ended.
2. Funding/Timing of Improvement/Plan Preparation.
a. At the time of the street improvements, the developer shall fund and assure the installation of street trees and intersection enhancement (where applicable) as a condition of the development approval. The city shall also require the developer to deposit a $50.00 nonrefundable funding fee for future maintenance and care of each tree. Where the city engineer and city planner determine the installation of street trees is not feasible due to lack of ultimate improvements, right-of-way or proper grade, existing drainage or soils conditions, utility constraints or public safety, the developer shall deposit cash funds sufficient to cover the costs of installment of required improvements specified by this policy at a future date. Deposit shall be made prior to development permits being approved. Street tree plans shall be submitted in a form and manner satisfactory to the city. They may be a part of street improvement plans or plans for a concurrent development project. Street tree installation guarantees shall be submitted concurrently with public improvement guarantees.
C. Acceptable Forms of Security.
1. A bond or bonds by one or more duly authorized corporate sureties acceptable to the city;
2. A deposit with the city of cash;
3. An irrevocable instrument of credit from one or more financial institutions acceptable to the city, subject to the regulation by the state or federal government, pledging that the funds necessary to carry out the agreements are on deposit until released by the city;
4. An irrevocable letter of credit issued by a financial institution acceptable to the city, subject to regulation by the state or federal government, guaranteeing that all or any portion of the funds available pursuant to the letter of credit will be paid upon the written demand of the city manager, and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. [Ord. 94-4; Code 1990 §
9.14.16.]
18.70.170 Erosion control.
A. Standards for erosion control shall be in accordance with CMC 18.75.110 in addition to the following.
B. Temporary sediment control measures may consist of the placement of straw or hay bales, gravel or earth-filled sandbags, gravel or earthen berms, filter fabric-type fences and desilting basins with energy dissipators. [Ord. 94-4; Code 1990 § 9.14.17.]
18.70.180 Slopes.
A. Slopes exceeding three feet in vertical height shall be planted with an approved groundcover to protect the slope from erosion and instability.
B. Slopes exceeding eight feet in vertical height shall be planted with approved groundcover, shrubs, spaced at not more than 10 feet on center, and trees, spaced not to exceed 20 feet on center; any combination of shrubs and trees at
Calimesa Municipal Code
Chapter 18.70 LANDSCAPE REQUIREMENTS
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. appropriate spacings and on a ratio of five shrubs to every tree is acceptable. Shrubs shall be a minimum of five gallon and trees a minimum of 15 gallon in size. Jute netting shall be required to help prevent slope erosion while planting materials mature. [Ord. 94-4; Code 1990 § 9.14.18.]
18.70.190 Soils.
Soil preparation and testing shall be in accordance with CMC 18.75.130. [Ord. 94-4; Code 1990 § 9.14.19.]
18.70.200 Compliance.
Compliance with and enforcement of these standards shall be in accordance with CMC 18.75.150 and 18.75.160. [Ord. 94-4; Code 1990 § 9.14.20.]
18.70.210 Severability.
If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this chapter. The city council of the city of Calimesa hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions were to be declared invalid or unconstitutional. [Ord. 94-4; Code 1990 § 9.14.21.]
1 All new streets with a width of 88 feet or greater are classified as major corridors, including all appropriate corridors within the Oak Valley specific plan.
Calimesa Municipal Code
Chapter 18.75 WATER CONSERVATION FOR
LANDSCAPING
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
Chapter 18.75
WATER CONSERVATION FOR LANDSCAPING
Sections:
18.75.010 Purpose.
18.75.020 Definitions.
18.75.030 Applicability.
18.75.040 Landscape documentation package requirements.
18.75.050 Landscape irrigation and maintenance.
18.75.060 Compliance/plan submittal process.
18.75.070 Landscape water use efficiency enforcement.
18.75.080 Compliance with landscape documentation package.
18.75.090 Penalties.
18.75.100 Elements of the landscape documentation package.
18.75.110 Water-efficient landscape worksheet.
18.75.120 Soil management report.
18.75.130 Landscape design plan.
18.75.140 Irrigation design plan.
18.75.150 Grading design plan.
18.75.160 Certificate of completion.
18.75.170 Irrigation scheduling.
18.75.180 Landscape and irrigation maintenance schedule.
18.75.190 Irrigation audit, irrigation survey and irrigation water use analysis.
18.75.200 Irrigation efficiency.
18.75.210 Recycled water.
18.75.220 Stormwater management.
18.75.230 Public education.
18.75.240 Environmental review.
18.75.250 Provisions for existing landscapes.
18.75.260 Irrigation audit, irrigation survey and irrigation water use analysis.
18.75.270 Water waste prevention.
18.75.280 Effective precipitation.
Prior legislation: Ord. 92-18; Code 1990 Ch. 9.12.
18.75.010 Purpose.
The purpose of this chapter is to adopt the findings and declarations of the California Legislature enumerated in Government Code Section 65591.2 and adopt this chapter in compliance with Government Code Section 65595. The purpose of this chapter is also to:
A. Establish provisions for water management practices and water waste prevention; B. Establish a structure for planning, designing, installing, maintaining, and managing water-efficient landscapes in new construction and rehabilitated projects;
C. To reduce the water demands from landscapes without a decline in landscape quality or quantity; D. To retain flexibility and encourage creativity through appropriate design; E. To assure the attainment of water-efficient landscape goals by requiring that landscapes not exceed a maximum water demand of 70 percent of its reference evapotranspiration (ETo) or any lower percentage as may be required by water purveyor policy or state legislation, whichever is stricter; F. To eliminate water waste from overspray and/or runoff;
Calimesa Municipal Code
Chapter 18.75 WATER CONSERVATION FOR
LANDSCAPING
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
G. To achieve water conservation by raising the public awareness of the need to conserve water through education and motivation to embrace an effective water demand management program; and H. To implement the requirements to meet the state of California Water Conservation in Landscaping Act 2006 and the California Code of Regulations Title 23, Division 2, Chapter 2.7. [Ord. 299 § 2, 2009.]
18.75.020 Definitions.
The terms used in this chapter have the meanings set forth below:
“Backfilling” means to refill an excavation, usually with excavated material. “Backflow prevention device” means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. “Check valve” or “anti-drain valve” means a valve located under a sprinkler head or other location in the irrigation system to hold water in the system to prevent drainage from the sprinkler heads when the system is off. “City” shall mean the city of Calimesa.
“Established landscape” means the point at which plants in the landscape have developed significant root growth into the site. Typically, most plants are established after one or two years of growth. “Estimated annual water use” or “EAWU” means estimated total water use per year as calculated by the formula contained in CMC 18.75.040(B)(12)(n).
“Hydrozone” means a portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or nonirrigated.
“Invasive species” are nonindigenous species (e.g., plants or animals) that adversely affect the habitats they invade economically, environmentally, or ecologically. Lists of invasive species are included within the Western Riverside County Multi-Species Habitat Conservation Plan and the Coachella Valley Multi-Species Habitat Conservation Plan (incorporated by reference). In addition, for the purposes of this chapter, invasive species include other locally invasive species as further defined by a local lead agency. “Landscape architect” means a person who holds a license to practice landscape architecture in the state of California (Government Code Section 5615).
“Landscaped area” or “LA” means all of the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance (MAWA) calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or impervious hardscapes, and other nonirrigated areas designated for nondevelopment (e.g., open spaces and existing native vegetation).
“Local water purveyor” means any entity that provides retail water service to customers within the city of Calimesa, such as Yucaipa Valley, South Mesa, and/or Beaumont Cherry Valley Water Districts. “Low-volume irrigation” means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low-volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. “Maximum applied water allowance” or “MAWA” means the upper limit of annual applied water allowed for the established landscaped area.
“Overhead sprinkler irrigation systems” means systems that deliver water through the air (e.g., pop ups, impulse sprinklers, spray heads and rotors, etc.).
“Reference evapotranspiration” or “ETo” means a standard measurement of environmental parameters, which affect the water use of plants. ETo is given in inches per day, month, or year. Reference evapotranspiration is used as the
Calimesa Municipal Code
Chapter 18.75 WATER CONSERVATION FOR
LANDSCAPING
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. basis of determining the maximum applied water allowances so that regional differences in climate can be accommodated. The California Department of Water Resources shall take reference evapotranspiration numbers from the most current evapotranspiration zones map. For geographic areas not covered by the evapotranspiration zones map, data from nearby areas shall be used.
“Rehabilitated landscapes” means any re-landscaping project that requires a permit, plan check, or design review, and/or would meet the requirements of CMC 18.75.030.
“Smart irrigation controller” means an irrigation control device with a clock that automatically adjusts irrigation run times in response to environmental changes, including the use of sensors and weather information to manage watering times and frequency so that, as environmental conditions vary, the controller increases or decreases irrigation, or can turn off sprinklers automatically during rain, high wind or low temperature. “Special landscape area” means an area of the landscape dedicated to edible plants, areas irrigated with recycled water, and publicly accessible areas dedicated to active play such as parks, sports fields, or golf courses, where turf provides a playing field or where turf is needed for high traffic activities. “Temporarily irrigated” means irrigation for the purposes of establishing plants, or irrigation which will not continue after plant establishment. Temporary irrigation is for a period of six months or less. “Water intensive landscaping” means a landscape with a WUCOLS plant factor of 0.7 or greater. “WUCOLS” means the publication entitled “Water Use Classification of Landscape Species” by the U.C.
Cooperative Extension (1999 or most current version).
“Xeriscape” means a combination of landscape features and techniques that in the aggregate reduce the demand for and consumption of water, including appropriate low water using plants, nonliving ground cover, a low percentage of turf coverage, permeable paving and water-conserving irrigation techniques and systems. [Ord. 299 § 2, 2009.]
18.75.030 Applicability.
This chapter shall apply to all new and rehabilitated landscaping for public agency projects and private development projects in the city of Calimesa, including:
A. The water-efficient landscape requirements contained in this chapter shall be applicable to all new construction landscapes which are homeowner-provided and/or homeowner-hired in single-family and multifamily projects with a total project landscape area equal to or greater than 5,000 square feet requiring a building or landscape permit, plan checks or development plan review (DPR, including MDPRs) and/or all other landscape projects with a landscape area equal to or greater than 2,500 square feet subject to discretionary permits, plan checks, design reviews, and/or approvals.
B. In the event covenants, conditions and restrictions (CC&Rs) are required by the city for any permit subject to this chapter, a condition shall be incorporated into any project approval prohibiting the use of water-intensive landscaping and requiring the use of low water use landscaping pursuant to the provisions of this chapter in connection with common area/open space landscaping. Additionally, such a condition shall also require the CC&Rs to incorporate provisions concerning landscape irrigation system management and maintenance. This chapter shall not be construed as requiring landscaping of common areas or open space that is intended to remain natural. CC&Rs shall not prohibit use of low water use plants or the replacement of turf with less water intensive plant species, or xeriscape.
C. CMC 18.75.250(B) applies to existing properties with landscape areas one acre or greater in size or properties served by a dedicated landscape irrigation meter.
D. Recognizing the special landscape needs of future cemeteries.
E. The following are exempt from the provisions of this chapter:
1. Any project with a total landscaped area less than 2,500 square feet;
Calimesa Municipal Code
Chapter 18.75 WATER CONSERVATION FOR
LANDSCAPING
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
2. Registered local, state or federal historical sites;
3. Ecological restoration projects that do not require a permanent irrigation system and have an establishment period of less than three years;
4. Mined-land reclamation projects that do not require a permanent irrigation system; and
5. Botanical gardens and arboretums open to the public. [Ord. 299 § 2, 2009.]
18.75.040 Landscape documentation package requirements.
An applicant proposing any new landscape that is subject to this chapter (CMC 18.75.210) and designated for recycled water use is advised that recycled water irrigation systems will entail additional coordination with the local water purveyor, the land use agency and the maintenance entity’s standards, approvals, and implementation requirements. Therefore, applicants shall consult with the appropriate water purveyor early in the development review process to ensure that future recycled water facilities meet the projected demand and that subsequent landscape plans comply with the applicable standards, approvals, and implementation requirements of the local water purveyor, land use agency, and maintenance entity.
Water systems for common open space areas shall use nonpotable water if approved facilities are made available by the water purveyor. Provisions for a nonpotable water system shall be provided within the landscape plan. Water systems designed to utilize non-potable water shall be designed to meet all applicable standards of the California Regional Water Quality Control Board and the Riverside County health department. This section is specific to water agencies. An applicant proposing any new or rehabilitated landscape subject to this chapter (CMC 18.75.030) shall prepare and submit to the community development director documentation including the following:
1. Project information;
2. Planting plan;
3. Irrigation design plan;
4. Soil management plan; and
5. Grading design plan.
An applicant proposing any new landscape that is subject to this chapter (CMC 18.75.210) and designated for recycled water use is advised that recycled water irrigation systems will entail additional coordination with the local water purveyor, the land use agency and the maintenance entity’s standards, approvals, and implementation requirements.
Therefore, applicants shall consult with the appropriate water purveyor early in the development review process to ensure that future recycled water facilities meet the projected demand and that subsequent landscape plans comply with the applicable standards, approvals, and implementation requirements of the local water purveyor, land use agency, and maintenance entity.
Water systems for common open space areas shall use nonpotable water if approved facilities are made available by the water purveyor. Provisions for a nonpotable water system shall be provided within the landscape plan. Water systems designed to utilize nonpotable water shall be designed to meet all applicable standards of the California Regional Water Quality Control Board and the Riverside County health department, and shall include the following:
A. Project Information.
1. Date;
2. Applicant and applicant contact information;
3. Project owner and contact information;
Calimesa Municipal Code
Chapter 18.75 WATER CONSERVATION FOR
LANDSCAPING
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
4. Project address including parcel and lot numbers;
5. Total landscape area (square feet);
6. Project type (e.g., new, rehabilitated, public, private);
7. Water supply (e.g., potable, well, recycled). Use of recycled water is encouraged;
8. Applicant signature and date with statement “I agree to comply with the requirements of Chapter 18.75 CMC and submit a complete landscape documentation package.” B. Planting Plan Requirements.
1. The “Riverside County Guide to California Friendly Landscaping” (Landscaping Guide) is hereby incorporated by reference to assist with developing water-efficient landscapes.
2. Plant types shall be grouped together in regards to their water, soil, sun and shade requirements and in relationship to the buildings. Plants with different water needs shall be irrigated separately. Plants with the following classifications shall be grouped accordingly: high and moderate, moderate and low, low and very low. Deviation from these groupings shall not be permitted.
3. Trees for shade shall be provided for residential, commercial and industrial buildings, parking lots and open space areas. These trees can be deciduous or evergreen and are to be incorporated to provide natural cooling opportunities for the purpose of energy and water conservation.
4. Plants shall be placed in a manner considerate of solar orientation to maximize summer shade and winter solar gain.
5. Plant selection for projects in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required. Fire-prone plant materials and highly flammable mulches shall be avoided.
6. Invasive species of plants shall be avoided especially near parks, buffers, greenbelts, water bodies, and open spaces because of their potential to cause harm to environmentally sensitive areas.
7. All exposed surfaces of non-turf areas within the developed landscape area shall be mulched with a minimum three-inch layer of material, except in areas with groundcover planted from flats where mulch depth shall be one and one-half inches.
8. Stabilizing mulching products shall be used on slopes.
9. Turf areas shall be used in response to functional needs and in compliance with the water budget.
10. Decorative water features, such as fountains, reflection pools, etc., shall use recirculating water systems.
11. Where available, recycled water shall be used as the source for irrigation and decorative water features.
12. Planting plans shall identify and site the following:
a. New and existing trees, shrubs, ground covers, and turf areas within the proposed landscape area; b. Planting legend indicating all plant species by botanical name and common name, spacing, and quantities of each type of plant by container size;
c. Designation of hydrozones;
d. Area, in square feet, devoted to landscaping and a breakdown of the total area by landscape hydrozones; e. Property lines, streets, and street names;
Calimesa Municipal Code
Chapter 18.75 WATER CONSERVATION FOR
LANDSCAPING
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. f. Building locations, driveways, sidewalks, retaining walls, and other hardscape features; g. Appropriate scale and north arrow;
h. Any special landscape areas;
i. Type of mulch and application depth;
j. Type and surface area of any water features;
k. Type and installation details of any applicable storm water best management practices; l. Planting specifications and details, including the recommendations from the soils analysis, if applicable; m. Maximum Applied Water Allowance.
i. Planting plans shall be prepared using the following water budget formula:
MAWA (in gallons) = (ETo)(0.62)[0.7 x LA + 0.3 x SLA] where ETo is reference evapotranspiration
SLA is the amount of special landscape area in square feet LA is total landscape area (including the SLA) in square feet ii. For the purposes of determining the maximum applied water allowance, average irrigation efficiency is assumed to be 0.71. Irrigation systems shall be designed, maintained, and managed to meet or exceed an average irrigation efficiency of 0.71. n. Estimated Annual Water Use (EAWU).
i. EAWU for a given hydrozone is calculated as follows:
EAWU (in gallons) = (ETo)(0.62)[(PF x HA) / IE) + SLA] Where ETo is reference evapotranspiration
PF is plant factor
HA is hydrozone area in square feet
IE is irrigation efficiency (minimum 0.71)
SLA is the amount of special landscape area in square feet ii. Landscaping plans shall provide EAWU (in the same units as the MAWA) for each valve circuit in the irrigation hydrozone. The sum of all EAWU calculations shall not exceed the MAWA for the project.
iii. The plant factor used shall be from WUCOLS. The plant factor for low water use plants ranges from zero to 0.3, for moderate water use plants ranges from 0.4 to 0.6, and for high water use plants ranges from 0.7 to 1.0.
iv. The plant factor calculation is based on the proportions of the respective plant water uses and their plant factor or the plant factor of the higher water using plant is used. v. The surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation and temporarily irrigated areas in the low water use hydrozone.
Calimesa Municipal Code
Chapter 18.75 WATER CONSERVATION FOR
LANDSCAPING
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
13. Planting plans and irrigation plans shall be drawn at the same size and scale.
14. The planting plan shall be prepared by a landscape architect licensed by the state of California.
C. Irrigation Design Plan Requirements.
1. The “Riverside County Guide to California Friendly Landscaping” (landscaping guide) is hereby incorporated by reference to assist the applicant in designing, constructing, and maintaining an efficient irrigation system.
2. Irrigation systems shall be designed, maintained, and managed to meet or exceed an average irrigation efficiency of 0.71.
3. All irrigation systems shall be designed to prevent runoff, overspray, low-head drainage and other similar conditions where water flows off site onto adjacent property, nonirrigated areas, walks, roadways, or structures.
Irrigation systems shall be designed, constructed, managed, and maintained to achieve as high an overall efficiency as possible. The irrigation system shall be designed to ensure that the dynamic pressure at each emission device is within the manufacturer’s recommended pressure range for optimal performance.
4. Landscaped areas shall be provided with a smart irrigation controller, as defined in CMC 18.75.020, which automatically adjusts the frequency and/or duration of irrigation events in response to changing weather conditions unless the use of the property would otherwise prohibit use of a timer. The planting areas shall be grouped in relation to moisture control zones based on similarity of water requirements (i.e., turf separate from shrub and groundcover, full sun exposure areas separate from shade areas, top of slope separate from toe of slope). Additional water conservation technology may be required, where necessary, at the discretion of the community development director.
5. Water systems for common open space areas shall use nonpotable water, if approved facilities are made available by the water purveyor. Provisions for the conversion to a nonpotable water system shall be provided within the landscape plan. Water systems designed to utilize nonpotable water shall be designed to meet all applicable standards of the California Regional Water Quality Control Board and the Riverside County health department.
6. Separate valves shall be provided for separate water use planting areas, so that the same irrigation valve irrigates plants with similar water needs. All installations shall rely on highly efficient state of the art irrigation systems to eliminate runoff and maximize irrigation efficiency as required by the landscaping guide.
7. Static water pressure, dynamic or operating pressure and flow reading of the water supply shall be measured.
These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at the installation.
8. The capacity of the irrigation system shall not exceed:
a. The capacity required for peak water demand based on water budget calculations; b. Meter capacity; or
c. Backflow preventer type and device capacity.
9. Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer.
10. In mulched planting areas, the use of low-volume irrigation is required to maximize water infiltration into the root zone.
11. Non-turf areas on slopes greater than 25 percent shall be irrigated with drip irrigation or other low-volume irrigation technology.
Calimesa Municipal Code
Chapter 18.75 WATER CONSERVATION FOR
LANDSCAPING
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
12. Long, narrow, or irregularly shaped areas including turf less than eight feet in width in any direction shall be irrigated with subsurface irrigation or low-volume irrigation technology.
13. Overhead irrigation shall not be permitted within 24 inches of any nonpermeable surface. There are no restrictions on the irrigation system type if the landscape area is adjacent to permeable surfacing and no overspray and runoff occurs.
14. Overhead irrigation shall be limited to the hours of 8:00 p.m. to 9:00 a.m.
15. All irrigation systems shall be equipped with the following:
a. A smart irrigation controller as defined in subsection (C)(4) of this section; b. A rain-sensing device to prevent irrigation during rainy weather; c. Anti-drain check valves installed at strategic points to minimize or prevent low-head drainage; d. A manual shut-off valve shall be required as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency or routine repair; e. A pressure regulator when the static water pressure is above or below the recommended operating pressure of the irrigation system;
f. Backflow prevention devices; and
g. Riser protection components for all risers in high-traffic areas.
16. Dedicated landscape meters shall be required for all projects greater than 2,500 square feet except singlefamily residences.
17. Irrigation design plans shall identify and site the following:
a. Hydrozones.
i. Each hydrozone shall be designated by number, letter or other designation; ii. A hydrozone information table shall be prepared for each hydrozone; b. The areas irrigated by each valve;
c. Irrigation point of connection (POC) to the water system; d. Static water pressure at POC;
e. Location and size of water meter(s), service laterals, and backflow preventers; f. Location, size, and type of all components of the irrigation system, including automatic controllers, main and lateral lines, valves, sprinkler heads and nozzles, pressure regulator, drip and low-volume irrigation equipment;
g. Total flow rate (gallons per minute), and design operating pressure (psi) for each overhead spray and bubbler circuit, and total flow rate (gallons per hour) and design operating pressure (psi) for each drip and low-volume irrigation circuit;
h. Precipitation rate (inches per hour) for each overhead spray circuit; i. Irrigation legend with the manufacturer name, model number, and general description for all specified equipment, separate symbols for all irrigation equipment with different spray patterns, spray radius, and precipitation rate;
Calimesa Municipal Code
Chapter 18.75 WATER CONSERVATION FOR
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The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. j. Irrigation system details for assembly and installation; k. Recommended irrigation schedule for each month, including number of irrigation days per week, number of start times (cycles) per day, minutes of run time per cycle, and estimated amount of applied irrigation water, expressed in gallons per month and gallons per year, for the established landscape; and l. Irrigation design plans shall contain the following statement: “I agree to comply with the criteria of Chapter 18.75 CMC and to apply them for the efficient use of water in the irrigation design plan.”
18. For each valve, two irrigation schedules shall be prepared, one for the initial establishment period of six months and one for the established landscape, which incorporate the specific water needs of the plants and turf throughout the calendar year.
19. Irrigation plans and planting plans (subsection (B) of this section) shall be drawn at the same size and scale.
D. Soil Management Plan Requirements.
1. After mass grading, the project applicant or his/her designee shall:
a. Perform a preliminary site inspection;
b. Determine the appropriate level of soil sampling and sampling method needed to obtain representative soil sample(s);
c. Conduct a soil probe test to determine if the soil in the landscape area has sufficient depth to support the intended plants; and
d. Obtain appropriate soil sample(s).
2. The project applicant or his/her designee shall submit soil sample(s) to a laboratory for analysis and recommendation. The soil analysis may include:
a. Soil texture;
b. Infiltration rate determined by laboratory test or soil texture infiltration rate tables; c. pH;
d. Total soluble salts;
e. Sodium; and
f. Recommendations.
3. The project applicant or his/her designee shall prepare documentation describing the following:
a. Soil type;
b. Identification of limiting soil characteristics;
c. Identification of planned soil management actions to remediate limiting soil characteristics; and d. Submit the soil analysis report and documentation verifying implementation of soil analysis report recommendations to the city pursuant to the requirements of CMC 18.75.160, Certificate of completion.
E. Grading Design Plan Requirements, if Applicable. The landscape documentation package shall include rough/precise grade elevations prepared for the project by a licensed civil engineer. [Ord. 299 § 2, 2009.]
Calimesa Municipal Code
Chapter 18.75 WATER CONSERVATION FOR
LANDSCAPING
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
18.75.050 Landscape irrigation and maintenance.
This section applies to all landscape projects subject to this chapter.
A. The “Riverside County Guide to California Friendly Landscaping” (landscaping guide) is hereby incorporated by reference to assist the applicant in implementing landscape maintenance to ensure water use efficiency.
B. Two irrigation schedules shall be prepared, one for the initial establishment period of six months and one for the established landscape, which incorporate the specific water needs of the plants and turf throughout the calendar year.
The irrigation schedule shall take into account the particular characteristics of the soil; shall be continuously available on site to those responsible for the landscape maintenance; and shall contain specifics as to optimum run time and frequency of watering, and irrigation hours per day. The schedule currently in effect shall be posted at the controller.
C. A regular maintenance schedule and certificate of completion shall be submitted to the community development director, property owner, and water purveyor. A regular maintenance schedule shall include, but not be limited to, routine inspection, adjustments, and repair of the irrigation system and its components; aerating and de-thatching turf areas; replenishing mulch; fertilizing; pruning; weeding in all landscape areas and removing any obstruction to irrigation devices. Repair of all irrigation equipment shall be done with the originally installed components or equivalent.
D. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water-efficient landscapes described in this chapter.
E. Information shall be provided to owners of new, single-family residential homes regarding the design, installation, management, and maintenance of water-efficient landscapes. [Ord. 299 § 2, 2009.]
18.75.060 Compliance/plan submittal process.
The community development director or designee shall have the duty and authority to administer and enforce this chapter.
A. As part of the land development process and prior to construction, the city of Calimesa shall:
1. Provide the project applicant with the ordinance and procedures for permits, plan checks, or design reviews;
2. Review the landscape documentation package (CMC 18.75.040) submitted by the project applicant;
3. Approve or reject the landscape documentation package; and
4. Issue a permit or approve the plan check or design review for the project applicant.
B. As part of the land development process and prior to construction, the project applicant shall:
1. Submit a landscape documentation package to the city for review and approval by the community development director. An independent licensed landscape architect to ensure that all components of the plans adhere to the requirements of this chapter shall review the planting plan, irrigation plan, and soils management plan. The licensed landscape architect shall sign the plans, verifying that the plans comply with this chapter.
Any plans submitted without the signature of a licensed landscape architect shall not be accepted for review.
C. Prior to issuance of a certificate of occupancy or final inspection for a project subject to this chapter, a regular maintenance schedule and a certificate of completion shall be submitted to the community development director certifying that the landscaping has been completed in accordance with the approved planting, irrigation, soil management, and grading design plans for the project. The certificate of completion shall be signed by a licensed landscape architect and shall indicate:
1. Date;
2. Project information:
Calimesa Municipal Code
Chapter 18.75 WATER CONSERVATION FOR
LANDSCAPING
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. a. Project name;
b. Project applicant name, telephone, mailing address;
c. Project address and location;
d. Property owner name and mailing address;
3. Prior to backfilling, evidence that the party responsible for irrigation installation conducted a preliminary field inspection of the irrigation system (evidence of field inspection shall be attached);
4. The landscaping has been installed in conformance with the approved planting and irrigation plans;
5. Irrigation audit report performed by a certified irrigation auditor after project installation (audit report shall be attached);
6. The smart irrigation controller has been set according to the irrigation schedule;
7. The irrigation system has been adjusted to maximize irrigation efficiency and eliminate overspray and runoff;
8. A copy of the approved landscape documentation package, the irrigation schedule, and the maintenance schedule have been given to the property owner and local water purveyor; and
9. Verification that the maintenance schedule has been provided to the community development director.
D. At a minimum, all landscape irrigation audits shall comply with the “Irrigation Association Certified Landscape Irrigation Auditor Training Manual” (2004 or most current) and shall be conducted by a certified landscape irrigation auditor.
E. The community development director or his/her designee shall have the right to enter upon the project site at any time before, during and after installation of the landscaping to conduct inspections for the purpose of enforcing this chapter. [Ord. 299 § 2, 2009.]
18.75.070 Landscape water use efficiency enforcement.
A. Restrictions. The following water conservation requirements are intended to avoid water waste, are effective at all times, and are permanent:
1. Limits on Watering Hours. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of 9:00 a.m. and 5:00 p.m. on any day, except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system.
Overhead irrigation shall be limited to the hours of 8:00 p.m. to 9:00 a.m.
2. No Excessive Water Flow or Runoff. Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited.
3. No Washing Down Hard or Paved Surfaces. Washing down hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, is prohibited except when necessary to alleviate safety or sanitary hazards, and then only by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off device, a low-volume, highpressure cleaning machine equipped to recycle any water used, or a low-volume high-pressure water broom.
4. Obligation to Fix Leaks, Breaks or Malfunctions. Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user’s plumbing or distribution system for any period of time after such escape of water should have reasonably been discovered and corrected and in no event more than seven days is prohibited.
Calimesa Municipal Code
Chapter 18.75 WATER CONSERVATION FOR
LANDSCAPING
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
B. Landscape Meter Requirements.
1. A separate dedicated meter is required for landscape areas greater than or equal to 2,500 square feet.
2. The efficient use of water should be considered in the design of any new landscape area. The MAWA will be calculated for customers that request a new account using the formula in CMC 18.75.040(B)(12)(m).
3. Prior to the issuance of a meter, the new customer shall calculate the EAWU for each landscape area using the formula provided in CMC 18.75.040(B)(12)(n). The EAWU shall be submitted to the local water purveyor for review. For the new meter to be issued, the calculated water budget for the landscape area cannot exceed the MAWA calculated in CMC 18.75.080(B)(2).
4. New accounts that have to comply with equivalent or more stringent water use efficiency measures imposed by another jurisdiction do not need to comply with the requirements of this section, but do need to provide information about the landscape area to the local water purveyor. a. A local agency may designate another agency, such as a water purveyor, to implement some or all of the requirements contained in this chapter. Local agencies may collaborate with water purveyors to define each entity’s specific responsibilities relating to this chapter. b. Applicability.
i. Except as provided in CMC 18.75.030(A), this section shall apply to:
(A) All new and rehabilitated landscaping for public agency projects and private development projects that require a permit; and
(B) Developer-installed landscaping in single-family and multi-family projects. ii. Projects subject to this section shall conform to the provisions in CMC 18.75.030. iii. This section shall not apply to:
(A) Homeowner-provided landscaping at single-family and multifamily projects; (B) Cemeteries;
(C) Registered historical sites;
(D) Ecological restoration projects that do not require a permanent irrigation system; (E) Mined-land reclamation projects that do not require a permanent irrigation system; or (F) Any project with a landscape area less than 2,500 square feet.
C. Landscape Documentation Package.
1. A copy of the landscape documentation package conforming to this chapter shall be submitted to the city. No permit shall be issued until the city reviews and approves the landscape documentation package.
2. A copy of the approved landscape documentation package shall be provided to the property owner or site manager along with the record drawings and any other information normally forwarded to the property owner or site manager.
3. A copy of the water conservation concept statement and the certificate of substantial completion shall be sent by the project manager to the local retail water purveyor.
4. Each landscape documentation package shall include the following elements, which are described in CMC
18.75.080(C):
Calimesa Municipal Code
Chapter 18.75 WATER CONSERVATION FOR
LANDSCAPING
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. a. Water conservation concept statement;
b. Calculation of the maximum applied water allowance;
c. Calculation of the estimated applied water use;
d. Calculation of the estimated total water use;
e. Landscape design plan;
f. Irrigation design plan;
g. Irrigation schedules;
h. Maintenance schedule;
i. Landscape irrigation audit schedule;
j. Grading design plan;
k. Soil analysis;
l. Certificate of substantial completion (to be submitted after installation of the project).
5. If effective precipitation is included in the calculation of the estimated total water use, then an effective precipitation disclosure statement from the landscape professional and the property owner shall be submitted with the landscape documentation package.
D. Elements of Landscape Documentation Package.
1. Water Conservation Concept Statement. Each landscape documentation package shall include a cover sheet, referred to as the water conservation concept statement, similar to the following example. It serves as a checklist to verify that the elements of the landscape documentation package have been completed and has a narrative summary of the project. [Ord. 299 § 2, 2009.]
18.75.080 Compliance with landscape documentation package.
A. Prior to construction, the local agency shall:
1. Provide the project applicant with this chapter and procedures for permits, plan checks or design reviews;
2. Review the landscape documentation package submitted by the project applicant;
3. Approve or deny the landscape documentation package;
4. Issue a permit or approve the plan check or design review for the project applicant; and
5. Upon approval of the landscape documentation package, submit a copy of the water-efficient landscape worksheet to the local water purveyor.
B. Prior to construction, the project applicant shall:
1. Submit a landscape documentation package to the local agency.
C. Upon approval of the landscape documentation package by the local agency, the project applicant shall:
1. Receive a permit or approval of the plan check or design review and record the date of the permit in the certificate of completion;
Calimesa Municipal Code
Chapter 18.75 WATER CONSERVATION FOR
LANDSCAPING
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
2. Submit a copy of the approved landscape documentation package along with the record drawings, and any other information to the property owner or his/her designee; and
3. Submit a copy of the water-efficient landscape worksheet to the local water purveyor. [Ord. 299 § 2, 2009.]
18.75.090 Penalties.
Any violation of this chapter shall be subject to penalties provided in Chapters 1.20 and 1.30 CMC. [Ord. 299 § 2, 2009.]
18.75.100 Elements of the landscape documentation package.
The landscape documentation package shall include the following six elements:
A. Project Information.
1. Date;
2. Project applicant;
3. Project address (if available, parcel and/or lot number(s));
4. Total landscape area (square feet);
5. Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed);
6. Water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well.
B. Checklist of all documents in landscape documentation package.
C. Project contacts to include contact information for the project applicant and property owner, applicant signature and date with statement, “I agree to comply with the requirements of the water-efficient landscape ordinance and submit a complete landscape documentation package.”
D. Water-efficient landscape worksheet.
E. Hydrozone information table.
F. Water Budget Calculations.
1. Maximum applied water allowance (MAWA);
2. Estimated total water use (ETWU);
3. Soil management report;
4. Landscape design plan;
5. Irrigation design plan; and
6. Grading design plan. [Ord. 299 § 2, 2009.]
18.75.110 Water-efficient landscape worksheet.
A project applicant shall complete the water-efficient landscape worksheet, which contains two sections:
A. A hydrozone information table (see Appendix B to the ordinance codified in this chapter, Section A) for the landscape project; and
B. A water budget calculation (see Appendix B to the ordinance codified in this chapter, Section B) for the landscape project. For the calculation of the maximum applied water allowance and estimated total water use, a
Calimesa Municipal Code
Chapter 18.75 WATER CONSERVATION FOR
LANDSCAPING
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. project applicant shall use the ETo values from the Reference Evapotranspiration Table in Section 495, Appendix A.
For geographic areas not covered in Appendix A, use data from other cities located nearby in the same reference evapotranspiration zone.
1. Water budget calculations shall adhere to the following requirements:
a. The plant factor used shall be from WUCOLS. The plant factor ranges from zero to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants and from 0.7 to 1.0 for high water use plants. b. All water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone.
c. All special landscape areas shall be identified and their water use calculated as described below. d. ETAF for special landscape areas shall not exceed 1.0.
2. The Maximum Applied Water Allowance. A project’s maximum applied water allowance shall be calculated using the following formula:
MAWA = (ETo) (0.8) (LA) (0.62) where:
MAWA = Maximum Applied Water Allowance (gallons per year) ETo = Reference Evapotranspiration (inches per year)
0.8 = ET Adjustment Factor
LA = Landscaped Area (square feet)
0.62 = conversion factor (to gallons per square foot)
3. Portions of landscaped areas in public and private projects such as parks, playgrounds, sports fields, golf courses, or school yards where turf provides a playing surface or serves other recreational purposes are considered recreational areas and may require water in addition to the maximum applied water allowance. A statement shall be included with the landscape design plan, designating recreational areas to be used for such purposes and specifying any needed amount of additional water above the maximum applied water allowance. [Ord. 299 § 2, 2009.]
18.75.120 Soil management report.
In order to reduce runoff and encourage healthy plant growth, the project applicant or designee shall complete a soil management report, as follows:
A. Submit soil samples to a laboratory for analysis and recommendations.
1. Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants.
2. The soil analysis may include:
a. Soil texture;
b. Infiltration rate determined by laboratory test or soil texture infiltration rate table; c. pH;
d. Total soluble salts;
e. Sodium;
Calimesa Municipal Code
Chapter 18.75 WATER CONSERVATION FOR
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The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. f. Percent organic matter; and
g. Recommendations.
3. The project applicant, or his/her designee, shall comply with one of the following:
a. If significant mass grading is not planned, the soil analysis report shall be submitted to the local agency as part of the landscape documentation package; or
b. If significant mass grading is planned, the soil analysis report shall be submitted to the local agency as part of the certificate of completion.
4. The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans.
5. The project applicant, or designee, shall submit documentation verifying implementation of soil analysis report recommendations to the local agency with the certificate of completion.
B. Landscape Design Plan. A landscape design plan meeting the following requirements shall be submitted as part of the landscape documentation package.
C. Plant Selection and Grouping.
1. Any plants may be used in the landscape, providing the estimated applied water use recommended does not exceed the maximum applied water allowance and that the plants meet the specifications set forth in CMC
18.75.040(B).
2. Plants having similar water use shall be grouped together in distinct hydrozones.
3. Plants shall be selected appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the site. Protection and preservation of native species and natural areas is encouraged. The planting of trees is encouraged wherever it is consistent with the other provisions of this chapter.
4. Fire prevention needs shall be addressed in areas that are fire-prone. Information about fire-prone areas and appropriate landscaping for fire safety is available from local fire departments or the California Department of Forestry. [Ord. 299 § 2, 2009.]
18.75.130 Landscape design plan.
A. For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. A landscape design plan meeting the following design criteria shall be submitted as part of the landscape documentation package:
1. Plant Material. Any plant may be selected for the landscape, providing the estimated total water use in the total landscape area does not exceed the maximum applied water allowance. To encourage the efficient use of water, the following is highly recommended:
a. Protection and preservation of native species and natural vegetation; b. Selection of water-conserving plant species and turf species; c. Selection of trees based on applicable local tree ordinances or tree shading guidelines; and d. Selection of plants from local and regional landscape program plant lists.
2. Each hydrozone shall have plant materials with similar water use, with the exception of for hydrozones with plants of mixed water use, as specified in CMC 18.75.140(B).
Calimesa Municipal Code
Chapter 18.75 WATER CONSERVATION FOR
LANDSCAPING
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
3. Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. To encourage the efficient use of water, the following is highly recommended:
a. Use the Sunset Western Climate Zone System, which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate; b. Recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure (e.g., buildings, sidewalks, power lines); and c. Consider the solar orientation for plant placement to maximize summer shade and winter solar gain.
4. Turf is not allowed on slopes greater than 25 percent where the toe of the slope is adjacent to an impermeable hardscape, and where 25 percent means one foot of vertical elevation change for every four feet of horizontal length (rise divided by run times 100 equals slope percent).
5. A landscape design plan for projects in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code Section 4291(a) and (b).
Avoid fire-prone plant materials and highly flammable mulches.
6. The use of invasive and/or noxious plant species is discouraged. Invasive species of plants shall be avoided especially near parks, buffers, greenbelts, water bodies, and open spaces because of their potential to cause harm to environmentally sensitive areas.
7. The architectural guidelines of a common interest development, which includes community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low water use plants as a group.
B. Water Features.
1. Recirculating water shall be used for decorative water features.
2. Pool and spa covers are encouraged to prevent evaporation.
3. Where available, recycled water shall be used as a source for decorative water features.
4. Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation.
C. Mulch and Amendments.
1. A minimum two-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers or direct seeding applications where mulch is contraindicated.
2. Stabilizing mulching products shall be used on slopes.
3. The mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirement.
4. Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected as noted in CMC 18.75.120(C).
D. Landscape Design Plan Specifications. The landscape design plan shall be drawn on project base sheets at a scale that accurately and clearly identifies:
1. Designation of hydrozones.
Calimesa Municipal Code
Chapter 18.75 WATER CONSERVATION FOR
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The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
2. Landscape materials, trees, shrubs, groundcover, turf, and other vegetation. Planting symbols shall be clearly drawn and plants labeled by botanical name, common name, container size, spacing, and quantities of each group of plants indicated.
3. Property lines and street names.
4. Streets, driveways, walkways, and other paved areas.
5. Pools, ponds, water features, fences, and retaining walls.
6. Existing and proposed buildings and structures including elevation if applicable.
7. Natural features including but not limited to rock outcroppings, existing trees, and shrubs that will remain.
8. Tree staking, plant installation, soil preparation details, and any other applicable planting and installation details.
9. A calculation of the total landscaped area.
10. Designation of recreational areas.
E. The landscape design plan shall follow standard industry practices and applicable local agency requirements. The landscape design plan, at a minimum, shall:
1. Delineate and label each hydrozone by number, letter, or other method;
2. Identify each hydrozone as low, moderate, high water or mixed water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation;
3. Identify recreational areas;
4. Identify areas permanently and solely dedicated to edible plants;
5. Identify areas irrigated with recycled water;
6. Identify type of mulch and application depth;
7. Identify soil amendments, type, and quantity;
8. Identify type and surface area of water features;
9. Identify hardscapes (pervious and nonpervious);
10. Identify location and installation details of any applicable stormwater best management practices that encourage on-site retention and infiltration of stormwater. Stormwater best management practices are encouraged in the landscape design plan and examples include, but are not limited to:
a. Infiltration beds, swales and basins that allow water to collect and soak into the ground; b. Constructed wetlands and retention ponds that retain water, handle excess flow and filter pollutants; and c. Pervious or porous surfaces (e.g., permeable pavers or blocks, pervious or porous concrete, etc.) that minimize runoff;
11. Identify any applicable rain harvesting or catchment technologies (e.g., rain gardens, cisterns, etc.);
12. Contain the following statement: “I have complied with the criteria of Chapter 18.75 CMC and applied them for the efficient use of water in the landscape design plan”; and
Calimesa Municipal Code
Chapter 18.75 WATER CONSERVATION FOR
LANDSCAPING
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
13. The signature of a licensed landscape architect, licensed landscape contractor or any other applicable landscape professional, person, licensed or unlicensed, authorized to design a landscape.
F. Irrigation Design Plan. An irrigation design plan meeting the following conditions shall be submitted as part of the landscaped documentation package:
1. Irrigation Design Criteria.
a. Runoff and Overspray. Soil types and infiltration rate shall be considered when designing the irrigation systems. All irrigation systems shall be designed to avoid runoff, low head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, or structures. Proper irrigation equipment and schedules, including features such as repeat cycles, shall be used to closely match application rates to infiltration rates, therefore minimizing runoff. Special attention shall be given to avoid runoff on slopes and to avoid overspray in planting areas with a width less than 10 feet, and in median strips. No overhead sprinkler irrigation systems shall be installed in median strips less than 10 feet wide.
b. Irrigation Efficiency. For the purpose of determining the maximum applied water allowance, irrigation efficiency is assumed to be 0.625. Irrigation systems shall be designed, maintained, and managed to meet or exceed 0.625 efficiency.
c. Equipment – Water Meters. Separate landscape water meters shall be installed for all projects except for single-family homes or any project with a landscaped area of less than 5,000 square feet. d. Controllers. Automatic control systems shall be required for all irrigation systems and must be able to accommodate all aspects of the design.
e. Valves. Plants which require different amounts of water shall be irrigated by separate valves. If one valve is used for a given area, only plants with similar water use shall be used in that area. Anti-drain (check) valves shall be installed in strategic points to minimize or prevent low-head drainage. f. Sprinkler Heads. Heads and emitters shall have consistent application rates within each control valve circuit. Sprinkler heads shall be selected for proper area coverage, application rate, operating pressure, adjustment capability, and ease of maintenance.
g. Rain-Sensing Override Devices. Rain-sensing override devices shall be required on all irrigation systems.
h. Soil Moisture Sensing Devices. It is recommended that soil moisture sensing devices be considered where appropriate.
G. Recycled Water.
1. The installation of recycled water irrigation systems (dual distribution systems) shall be required to allow for the current and future use of recycled water, unless a written exemption has been granted as described in CMC
18.75.210(B).
2. Irrigation systems shall make use of recycled water unless a written exemption has been granted by the local water agency, stating that recycled water meeting all health standards is not available and will not be available in the foreseeable future.
The recycled water irrigation systems shall be designed and operated in accordance with all local and state codes. [Ord. 299 § 2, 2009.]
18.75.140 Irrigation design plan.
A. For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturer’s recommendations. The irrigation system and its related components shall be planned and designed to
Calimesa Municipal Code
Chapter 18.75 WATER CONSERVATION FOR
LANDSCAPING
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the landscape documentation package:
1. System.
a. Dedicated landscape water meters are highly recommended on landscape areas smaller than 5,000 square feet to facilitate water management.
b. Weather-based irrigation controllers or soil-moisture-based controllers or other self-adjusting irrigation controllers shall be required for irrigation scheduling in all irrigation systems. c. The irrigation system shall be designed to ensure that the dynamic pressure at each emission device is within the manufacturer’s recommended pressure range for optimal performance. i. If the static pressure is above or below the required dynamic pressure of the irrigation system, pressure-regulating devices such as inline pressure regulators, booster pumps or other devices shall be installed to meet the required dynamic pressure of the irrigation system. ii. Static water pressure, dynamic or operating pressure and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at installation.
2. Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions such as rain or a freeze shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain.
3. Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be required, as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency (such as a main line break) or routine repair.
4. Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system. A project applicant shall refer to the applicable local agency code (i.e., public health) for additional backflow prevention requirements.
5. High flow sensors that detect and report high flow conditions created by system damage or malfunction are recommended.
6. The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto nontargeted areas, such as adjacent property, nonirrigated areas, hardscapes, roadways or structures.
7. Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems.
8. The design of the irrigation system shall conform to the hydrozones of the landscape design plan.
9. The irrigation system must be designed and installed to meet irrigation efficiency criteria as described in CMC 18.75.200 regarding the maximum applied water allowance.
10. It is highly recommended that the project applicant or local agency inquire with the local water purveyor about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system.
11. In mulched planting areas, the use of low-volume irrigation is required to maximize water infiltration into the root zone.
Calimesa Municipal Code
Chapter 18.75 WATER CONSERVATION FOR
LANDSCAPING
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
12. Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer’s recommendations.
13. Head to head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer’s recommendations.
14. Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to high-traffic areas.
15. Check valves or anti-drain valves are required for all irrigation systems.
16. Long, narrow, or irregularly shaped areas, including turf, less than eight feet in width in any direction shall be irrigated with subsurface irrigation or low-volume irrigation technology.
17. Overhead irrigation shall not be permitted within 24 inches of any nonpermeable surface. Allowable irrigation within the setback from non-permeable surfaces may include drip, drip line, or other low flow nonspray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if:
a. The landscape area is adjacent to permeable surfacing and no overspray or runoff occurs; or b. The adjacent nonpermeable surfaces are designed and constructed to drain entirely to landscaping; or c. The irrigation designer specifies an alternative design or technology as part of the landscape documentation package and clearly demonstrates strict adherence to irrigation system design criteria in CMC 18.75.130(F)(1). Prevention of overspray and runoff must be confirmed during irrigation audit.
18. Slopes greater than 25 percent shall not be irrigated with an irrigation system with a precipitation rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the landscape documentation package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during irrigation audit.
B. Hydrozone.
1. Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions and plant materials with similar water use.
2. Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone.
3. Where feasible, trees shall be placed on separate valves from shrubs, groundcovers and turf.
4. Individual hydrozones that mix plants of moderate and low water use or moderate and high water use may be allowed if:
a. Plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or
b. The plant factor of the higher water using plant is used for calculations.
5. Individual hydrozones that mix high and low water use plants shall not be permitted.
6. On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter or other designation. On the irrigation design plan, designate the areas irrigated by each valve, and assign a number to each valve. Use this valve number in the hydrozone information table. This table can also assist with pre-inspection and final inspection of the irrigation system, and programming the controller.
Calimesa Municipal Code
Chapter 18.75 WATER CONSERVATION FOR
LANDSCAPING
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
7. Irrigation Design Plan Specifications. Irrigation systems shall be designed to be consistent with hydrozones.
The irrigation design plan shall be drawn on project base sheets. It shall be separate from but use the same format as the landscape design plan. The scale shall be the same as that used for the landscape design plan described in CMC 18.75.130. The irrigation design plan shall accurately and clearly identify:
a. Location and size of separate water meters for the landscape. b. Location, type, and size of all components of the irrigation system, including automatic controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, and backflow prevention devices.
c. Static water pressure at the point of connection to the public water supply. d. Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (psi) for each station.
e. Recycled water irrigation systems as specified in CMC 18.75.210.
8. The irrigation design plan, at a minimum, submitted to the local agency shall follow standard industry practices and applicable local agency requirements, including:
a. Location and size of separate water meters for landscape; b. Location, type and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators and backflow prevention devices;
c. Static water pressure at the point of connection to the public water supply; d. Flow rate (gallons per minute), application rate (inches per hour) and design operating pressure (pressure per square inch) for each station;
e. Recycled water irrigation systems as specified in CMC 18.75.210; f. The following statement: “I have complied with the criteria of Chapter 18.75 CMC and applied them accordingly for the efficient use of water in the irrigation design plan”; and g. The signature of a licensed landscape architect, certified irrigation designer, irrigation consultant, licensed landscape contractor or any other applicable landscape professional or person, licensed or unlicensed, authorized to design an irrigation system.
h. Irrigation schedules satisfying the following conditions shall be submitted as part of the landscape documentation package.
An annual irrigation program with monthly irrigation schedules shall be required for the plant establishment period, for the established landscape, and for any temporarily irrigated areas.
C. The irrigation schedule shall:
1. Include run time (in minutes per cycle), suggested number of cycles per day, and frequency of irrigation for each station.
2. Provide the amount of applied water (in hundred cubic feet, gallons, or in whatever billing units the local water supplier uses) recommended on a monthly and annual basis.
3. The total amount of water for the project shall include water designated in the estimated total water use calculation plus water needed for any water features, which shall be considered as a high water using hydrozone.
Calimesa Municipal Code
Chapter 18.75 WATER CONSERVATION FOR
LANDSCAPING
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
4. Recreational areas designated in the landscape design plan shall be highlighted and the irrigation schedule shall indicate if any additional water is needed above the maximum applied water allowance because of high plant factors (but not due to irrigation inefficiency).
5. Whenever possible, irrigation scheduling shall incorporate the use of evapotranspiration data such as those from the California Irrigation Management Information System (CIMIS) weather stations to apply the appropriate levels of water for different climates.
6. Whenever possible, landscape irrigation shall be scheduled between 2:00 a.m. and 10:00 a.m. to avoid irrigating during times of high wind or high temperature.
D. Maintenance Schedules. A regular maintenance schedule satisfying the following conditions shall be submitted as part of the landscape documentation package:
1. Landscapes shall be maintained to ensure water efficiency. A regular maintenance schedule shall include but not be limited to checking, adjusting, and repairing irrigation equipment; resetting the automatic controller; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning, and weeding in all landscaped areas.
2. Whenever possible, repair of irrigation equipment shall be done with the originally specified materials or their equivalents.
E. Landscape Irrigation Audit Schedules.
1. A schedule of landscape irrigation audits, for all but single-family residences, satisfying the following conditions shall be submitted to the city as part of the landscape documentation package. a. At a minimum, audits shall be in accordance with the State of California Landscape Water Management Program as described in the Landscape Irrigation Auditor Handbook, the entire document, which is hereby incorporated by reference. (See Landscape Irrigation Auditor Handbook (June 1990) version 5.5 [formerly Master Auditor Training].)
b. The schedule shall provide for landscape irrigation audits to be conducted by certified landscape irrigation auditors at least once every five years.
2. Grading Design Plan. Grading design plans satisfying the following conditions shall be submitted as part of the landscape documentation package:
a. A grading design plan shall be drawn on project base sheets. It shall be separate from but use the same format as the landscape design plan.
b. The grading design plan shall indicate finished configurations and elevations of the landscaped area, including the height of graded slopes, drainage patterns, pad elevations, and finish grade. [Ord. 299 § 2, 2009.]
18.75.150 Grading design plan.
A. For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff and water waste. A grading plan shall be submitted as part of the landscape documentation package. A comprehensive grading plan prepared by a civil engineer for other local agency permits satisfies this requirement.
1. The project applicant shall submit a landscape grading plan that indicates finished configurations and elevations of the landscape area including:
a. Height of graded slopes;
b. Drainage patterns;
c. Pad elevations;
Calimesa Municipal Code
Chapter 18.75 WATER CONSERVATION FOR
LANDSCAPING
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. d. Finish grade; and
e. Stormwater retention improvements, if applicable.
2. To prevent excessive erosion and runoff, it is highly recommended that project applicants:
a. Grade so that all irrigation and normal rainfall remains within property lines and does not drain onto nonpermeable hardscapes;
b. Avoid disruption of natural drainage patterns and undisturbed soil; and c. Avoid soil compaction in landscape areas.
3. The grading design plan shall contain the following statement: “I have complied with the criteria of Chapter
18.75 CMC and applied them accordingly for the efficient use of water in the grading design plan” and the signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor or any other applicable landscape professional or person, licensed or unlicensed, as listed in the Business and Professions Code, California Code of Regulations, or Food and Agriculture Code licensed professional as required by law.
B. Soils. A soil analysis satisfying the following conditions shall be submitted as part of the landscape documentation package:
1. Determination of soil texture, indicating the percentage of organic matter.
2. An approximate soil infiltration rate (either measured or derived from soil texture/infiltration rate tables). A range of infiltration rates shall be noted where appropriate.
3. Measure of pH, and total soluble salts.
4. A mulch of at least three inches shall be applied to all planting areas except turf.
C. Certification.
1. Upon completing the installation of the landscaping and the irrigation system, an irrigation audit shall be conducted by a certified landscape irrigation auditor prior to the final field observation. (See Landscape Irrigation Auditor Handbook, as referenced in CMC 18.75.250(B).)
2. A licensed landscape architect or contractor, certified irrigation designer, or other licensed or certified professional in a related field shall conduct a final field observation and shall provide a certificate of substantial completion to the city. The certificate shall specifically indicate that plants were installed as specified, that the irrigation system was installed as designed, and that an irrigation audit has been performed, along with a list of any observed deficiencies.
3. Certification shall be accomplished by completing a certificate of substantial completion and delivering it to the city, to the retail water supplier, and to the owner of record. The city may provide a sample of the form as requested. [Ord. 299 § 2, 2009.]
18.75.160 Certificate of completion.
A. A certificate of completion provided by the applicant shall include the following six elements, including the following information and documentation:
1. Project information sheet that contains:
a. Date;
b. Project name;
Calimesa Municipal Code
Chapter 18.75 WATER CONSERVATION FOR
LANDSCAPING
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. c. Project applicant name, telephone, and mailing address; d. Project address and location; and
e. Property owner name, telephone, and mailing address;
2. Certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved landscape documentation package;
3. Parameters used to set the controller;
4. Landscape and irrigation maintenance schedule;
5. Irrigation audit report; and
6. Soil analysis report, if not submitted with landscape documentation package, and documentation verifying implementation of soil report recommendations.
B. The project applicant shall:
1. Submit the signed certificate of completion to the local agency for review;
2. Ensure that copies of the approved certificate of completion are submitted to the local water purveyor and property owner or his or her designee.
C. The local agency shall:
1. Receive the signed certificate of completion from the project applicant;
2. Approve or deny the certificate of completion. If the certificate of completion is denied, the local agency shall provide information to the project applicant regarding reapplication, appeal or other assistance. [Ord. 299 § 2, 2009.]
18.75.170 Irrigation scheduling.
For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria:
A. Irrigation scheduling shall use automatic irrigation systems and evapotranspiration data such as those from the California Irrigation Management Information System (CIMIS).
B. Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from the local water purveyor, the stricter of the two shall apply. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.
C. For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water meets the estimated total water use.
Total annual applied water shall be less than or equal to maximum applied water allowance (MAWA). Actual irrigation schedules shall be based on current time reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor.
D. Parameters used to set the controller shall be developed and submitted for each of the following:
1. The plant establishment period;
2. The established landscape; and
3. Temporarily irrigated areas.
Calimesa Municipal Code
Chapter 18.75 WATER CONSERVATION FOR
LANDSCAPING
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
E. Each irrigation schedule shall consider for each station all of the following that apply:
1. Irrigation interval (days between irrigation);
2. Irrigation run times (hours or minutes per irrigation event to avoid runoff);
3. Number of cycle starts required for each irrigation event to avoid runoff;
4. Amount of applied water scheduled to be applied on a monthly basis;
5. Application rate setting;
6. Root depth setting;
7. Plant type setting;
8. Soil type;
9. Slope factor setting;
10. Shade factor setting; and
11. Irrigation uniformity or efficiency setting. [Ord. 299 § 2, 2009.]
18.75.180 Landscape and irrigation maintenance schedule.
A. Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the certificate of completion.
B. A regular maintenance schedule shall include, but not be limited to, routine inspection; adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; weeding in all landscape areas and removing any obstruction to emission devices.
C. Repair of all irrigation equipment shall be done with the originally installed components or their equivalents.
D. A project applicant is encouraged to implement sustainable or environmentally friendly practices for overall landscape maintenance. [Ord. 299 § 2, 2009.]
18.75.190 Irrigation audit, irrigation survey and irrigation water use analysis.
A. At a minimum, all landscape irrigation audits shall comply with the Irrigation Association Certified Landscape Irrigation Auditor Training Manual (2004 or most current edition), which is hereby incorporated by reference.
B. All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.
C. For new construction and rehabilitated landscape projects installed after January 1, 2010:
1. The project applicant shall submit an irrigation audit report with the certificate of completion to the local agency that may include, but is not limited to: inspection, system tune-up, system test with distribution uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule;
2. The local agency shall administer programs that may include, but not be limited to, irrigation water use analysis, irrigation audits and irrigation surveys for compliance with the maximum applied water allowance. [Ord. 299 § 2, 2009.]
18.75.200 Irrigation efficiency.
For the purpose of determining maximum applied water allowance, average irrigation efficiency is assumed to be
0.71. Irrigation systems shall be designed, maintained, and managed to meet or exceed an average landscape irrigation efficiency of 0.71. [Ord. 299 § 2, 2009.]
Calimesa Municipal Code
Chapter 18.75 WATER CONSERVATION FOR
LANDSCAPING
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
18.75.210 Recycled water.
A. The installation of recycled water irrigation systems shall allow for the current and future use of recycled water, unless the local water purveyor has provided written documentation in letter form, indicating that recycled water is not generally available at the location.
B. Irrigation systems and decorative water features shall use recycled water unless a written exemption has been granted by the local water purveyor agency stating that recycled water meeting all public health codes and standards is not available and will not be available for the foreseeable future.
C. All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and state laws.
D. Landscapes using recycled water are considered special landscape areas. [Ord. 299 § 2, 2009.]
18.75.220 Stormwater management.
A. Stormwater management practices minimize runoff and increase infiltration, which recharges groundwater and improves water quality. Implementing stormwater best management practices into the landscape and grading design plans to minimize runoff and to increase on-site retention and infiltration are encouraged.
B. Project applicants shall refer to the local agency or regional water quality control board for information on any applicable stormwater ordinances and stormwater management plans.
C. Rain gardens and other landscape features that increase rainwater capture and infiltration are recommended.
D. Public Education.
1. Publications.
a. Local agencies shall provide information to owners of all new, single-family residential homes regarding the design, installation, and maintenance of water-efficient landscapes. b. Information about the efficient use of landscape water shall be provided to water users throughout the community. [Ord. 299 § 2, 2009.]
18.75.230 Public education.
Education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principles of design, installation, management and maintenance that save water is encouraged in the community.
A. A local agency shall provide information to owners of new, single-family residential homes regarding the design, installation, management and maintenance of water-efficient landscapes.
B. Model Homes. At least one model home that is landscaped in each project consisting of eight or more homes shall demonstrate via signs and information the principles of water-efficient landscapes described in this chapter.
1. Signs shall be used to identify the model as an example of water-efficient landscape and featuring elements such as hydrozones, irrigation equipment and others, which contribute to the overall water-efficient theme.
2. Information shall be provided about designing, installing, and maintaining water-efficient landscapes.
3. Model Homes. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water-efficient landscapes described in this chapter. a. Signs shall be used to identify the model as an example of a water-efficient landscape featuring elements such as hydrozones, irrigation equipment and others that contribute to the overall water-efficient theme.
b. Information shall be provided about designing, installing, managing, and maintaining water-efficient landscapes. [Ord. 299 § 2, 2009.]
Calimesa Municipal Code
Chapter 18.75 WATER CONSERVATION FOR
LANDSCAPING
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
18.75.240 Environmental review.
A. The adoption of the model water-efficient landscape ordinance by the state of California is not subject to review under the California Environmental Quality Act (CEQA).
B. The local agency must comply with the California Environmental Quality Act (CEQA), as appropriate. [Ord. 299 § 2, 2009.]
18.75.250 Provisions for existing landscapes.
A. A local agency may designate another agency, such as a water purveyor, to implement some or all of the requirements contained in this chapter. Local agencies may collaborate with water purveyors to define each entity’s specific responsibilities relating to this chapter.
B. Water Management. All existing landscaped areas to which the city provides water that are one acre or more, including golf courses, green belts, common areas, multi-family housing, schools, businesses, parks, cemeteries, and publicly owned landscapes shall have a landscape irrigation audit at least every five years. At a minimum, the audit shall be in accordance with the California Landscape Water Management Program as described in the Landscape Irrigation Auditor Handbook, the entire document which is hereby incorporated by reference.
1. If the project’s water bills indicate that they are using less than or equal to the maximum applied water allowance for that project site, an audit shall not be required.
2. Recognition of projects that stay within the maximum applied water allowance is encouraged. [Ord. 299 § 2, 2009.]
18.75.260 Irrigation audit, irrigation survey and irrigation water use analysis.
A. This section shall apply to all existing landscapes that were installed before January 1, 2010, and are over one acre in size.
1. For all landscapes that have a water meter, the local agency shall administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys and irrigation audits that verify landscape water use does not exceed the maximum applied water allowance for existing landscapes. The maximum applied water allowance for existing landscapes shall be calculated as: MAWA = (0.8)(ETo)(LA)(0.62).
2. For all landscapes that do not have a meter, the local agency shall administer programs that may include, but not be limited to, irrigation surveys and irrigation audits that verify proper operation of the irrigation system and prevent water waste.
B. For all existing landscapes installed before January 1, 2010, with a dedicated or mixed-use water meter that are one acre or more, including golf courses, green belts, common areas, multi-family housing, schools, businesses, parks, cemeteries and publicly owned landscapes, the local agency shall administer programs that may include but not be limited to irrigation water use analyses, irrigation surveys and irrigation audits to meet the existing landscape maximum applied water allowance.
For all existing landscapes installed before January 1, 2010, without a meter that are one acre or more, the local agency shall administer programs that may include but not be limited to irrigation surveys and irrigation audits to meet the existing landscape maximum applied water allowance.
C. Maximum applied water allowance for existing landscapes shall be calculated as: MAWA = (0.8)(ETo)(LA)(0.62).
D. The audit shall comply with the Irrigation Association Certified Landscape Irrigation Auditor Training Manual (2004 or the most current edition).
E. All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor. [Ord. 299 § 2, 2009.]
Calimesa Municipal Code
Chapter 18.75 WATER CONSERVATION FOR
LANDSCAPING
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
18.75.270 Water waste prevention.
A. It shall be a violation of this section to willfully allow water waste resulting from inefficient landscape irrigation runoff to leave the target landscape area due to low head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, parking lots or structures.
B. Restrictions regarding overspray may be modified if:
1. The landscape area is adjacent to permeable surfacing and no overspray or runoff occurs; or
2. The adjacent nonpermeable surfaces are designed and constructed to drain entirely to landscaping. [Ord. 299 § 2, 2009.]
18.75.280 Effective precipitation.
If effective precipitation is included in the calculation of the estimated total water use, an effective precipitation disclosure statement (similar to the sample effective precipitation disclosure statement attached to the ordinance codified in this chapter) shall be completed, signed, and submitted with the landscape documentation package. No more than 25 percent of the local annual mean precipitation shall be considered effective precipitation in the calculation of the estimated total water use.
A local agency may consider effective precipitation (25 percent of annual precipitation) in tracking water use and may use the following equation to calculate maximum applied water allowance: MAWA = (ETo-Eppt)(0.62)(0.7 x LA + 0.3 x SLA). [Ord. 299 § 2, 2009.]
Calimesa Municipal Code
Chapter 18.80 TREE PRESERVATION
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
Chapter 18.80
TREE PRESERVATION
Sections:
18.80.010 Purpose.
18.80.020 Oak tree protection and conservation.
18.80.030 Exemptions.
18.80.040 Oak tree pruning permit.
18.80.050 Oak tree removal/encroachment permit.
18.80.060 Oak tree preservation and replacement plan and permit required.
18.80.070 Nonliability of city of Calimesa.
Prior legislation: Ord. 200; Code 1990 §§ 9.16.01 – 19.16.09.
18.80.010 Purpose.
The purpose of this chapter is to regulate and set forth criteria for the cutting, pruning, removal, relocation, or replacement of oak trees to ensure that no oak trees are removed unless:
A. A reasonable and conforming use of property justifies the removal, cutting, pruning, and/or encroachment into the protected zone of an oak tree, heritage oak tree, or protected stand of oak trees; and B. Adequate mitigation, including the planting of replacement trees or acorns or the payment of replacement costs to the city for each tree removed, is provided at the discretion of the community development director or the planning commission, as applicable. [Ord. 342 § 3 (Exh. A), 2016.]
18.80.020 Oak tree protection and conservation.
A. The provisions of this chapter apply to:
1. Heritage oak trees.
2. Protected oak trees.
3. Protected stands of oak trees (oak groves).
B. No person shall take any action that will permanently damage the health or condition of any protected oak tree, heritage oak tree, or protected stand of oak trees on the property. Such actions will constitute a violation of this chapter.
C. No person shall cut, damage, remove, encroach into the protected zone of a protected oak tree, heritage oak tree, or protected stand of oak trees, or relocate any oak tree on any public or private property within the city, without first having obtained a permit, as set forth in this chapter.
D. The city shall make available to property owners, upon request, information related to the proper care and maintenance of oak trees.
E. The status of limbs or trees as deadwood or dead trees must be confirmed by the community development director prior to cutting, pruning, or removal thereof. [Ord. 342 § 3 (Exh. A), 2016.]
18.80.030 Exemptions.
The following circumstances are exempted from the oak tree permit requirements:
A. Any activities related to pruning or removal of live tissue, involving oak trees that are less than two inches in diameter at breast height (measured four and one-half feet above natural grade).
B. Removal of deadwood.
Calimesa Municipal Code
Chapter 18.80 TREE PRESERVATION
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
C. Removal of trees that are dangerous or hazardous and pose an imminent threat to human life or structures on developed property, including but not limited to potential or actual damage due to thunderstorms, lightning strikes, windstorms, floods, fires, earthquakes, or other natural disasters.
D. Removal of trees when determined to be necessary by a fire official.
E. Removal of trees by a public agency that are located within an area for required improvements within the public street right-of-way or within a utility right-of-way.
F. Operations associated with commercial tree nurseries. [Ord. 342 § 3 (Exh. A), 2016.]
18.80.040 Oak tree pruning permit.
A. An oak tree pruning permit shall be obtained from the community development department, prior to pruning of any protected oak tree, heritage oak tree, or protected stand of oak trees on an undeveloped parcel that has not been developed or improved to the maximum extent allowed by the existing land use designation and zoning of the property.
B. A permit shall be issued by the community development director for the pruning of a protected tree(s) only if the director has made one of the following findings:
1. The condition or location of the oak tree requires pruning to maintain or aid in its health, balance, or structure.
2. The condition of the tree(s) with respect to disease, danger of falling, proximity to existing structures, high pedestrian traffic areas such as parking lots or pedestrian walkways, or interference with utility services requires pruning. [Ord. 342 § 3 (Exh. A), 2016.]
18.80.050 Oak tree removal/encroachment permit.
A. An oak tree removal/encroachment permit shall be obtained from the community development department prior to the following activities on any property subject to subsection (B) of this section:
1. Removal of a protected oak tree.
2. Encroachment into the protected zone of a protected oak tree.
3. Relocation of a protected oak tree. If removal, encroachment, or relocation of a protected oak tree is necessary for development, an oak tree removal permit shall be obtained prior to approval of a grading or construction permit for work in an area where trees are located.
B. An oak tree removal/encroachment permit is required for the following:
1. Parcels or lots that are less than 20,000 square feet in any zone with protected oak trees.
2. Parcels or lots that are 20,000 square feet or more in any zone with three or fewer protected oak trees (not including protected heritage oak trees or stands of oak trees).
C. An application for an oak tree removal/encroachment permit shall be filed in a manner consistent with the requirements contained in CMC 18.15.020, Application.
D. A permit shall be issued by the community development director for the removal, encroachment, or relocation of a protected oak tree(s) only if the director has made the following findings:
1. A reasonable and conforming use of the property justifies the removal of trees.
2. No other permit for removal of an oak tree on the same property has been issued within the prior one-year period.
Calimesa Municipal Code
Chapter 18.80 TREE PRESERVATION
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
3. The retention or relocation of the tree prevents reasonable use of the property on which it is located and, if required, the applicant has applied for any related discretionary or ministerial permits for the proposed use of property or that the tree has been determined to be damaged or diseased by a licensed arborist, as documented in a report to be reviewed and approved by the community development department.
4. Replacement trees or acorns will be planted to replace each tree that is removed, if feasible, based upon site characteristics, or other appropriate mitigation will be provided. [Ord. 342 § 3 (Exh. A), 2016.]
18.80.060 Oak tree preservation and replacement plan and permit required.
A. An oak tree preservation and replacement plan shall be prepared and submitted in conjunction with an application for an oak tree preservation and replacement permit for the following activities on any property subject to subsection (B) of this section:
1. Removal of any protected oak tree, any heritage oak tree, or protected stand of oak trees.
2. Encroachment into the protected zone of any protected oak tree, any heritage oak tree, or any protected stand of oak trees.
3. Relocation of a protected oak tree, any heritage oak tree, or any protected stand of oak trees. When removal, encroachment, or relocation of a protected oak tree, heritage oak tree, or protected stand of oak trees is proposed in conjunction with development, an oak tree removal permit shall be obtained prior to approval of a subdivision map or rough grading permit for an area where trees are located.
B. An oak tree preservation and replacement permit is required for the following:
1. Any parcel or lot in any zone with a heritage oak tree.
2. Any parcel or lot that is 20,000 square feet or more in any zone with more than three protected oak trees or protected stand of oak trees.
C. The oak tree preservation and replacement plan shall be prepared by a licensed arborist retained by the community development department, with the cost paid by the applicant. In addition to other information required to demonstrate conformance with subsection (D) of this section, the plan shall contain, but not be limited to, the following information:
1. Letter of justification explaining the reasons for the removal.
2. Site plan and/or elevations showing the location of all trees on the parcel or lot.
3. Oak tree assessment prepared by an arborist, if determined to be necessary by the community development department.
4. Methods proposed to mitigate the loss of an oak tree, including the planting of replacement oak trees or acorns, or other adequate mitigation. Mitigation other than replacement shall include the payment of replacement costs to replace each tree that is removed, as determined by the oak tree assessment.
D. The oak tree preservation and replacement plan shall demonstrate the following:
1. The proposed location and configuration of lots, buildings, and streets have been designed to minimize to the greatest extent feasible the removal of healthy trees, including the protection of singular significant specimens (i.e., heritage oak trees) and clusters of oak woodlands.
2. The proposed trees to be retained are located on common open space lots that will be preserved indefinitely.
3. In considering site design, more than 90 percent of healthy trees will be retained.
Calimesa Municipal Code
Chapter 18.80 TREE PRESERVATION
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. a. If a lesser percentage of trees is proposed to be retained, the plan shall identify additional measures to offset the loss of more trees, including the payment of fees equivalent to the replacement cost of the tree(s).
b. Not less than 75 percent of trees shall be retained.
4. In considering site design, any impacted grove will be retained.
5. Grading operations (e.g., location of cut and fill, construction operations) will be designed and conducted to minimize any negative effects on the trees to be retained.
6. An effective combination of replacement trees, acorns, and/or appropriate mitigation will be planted or provided.
a. Trees to be removed shall be replaced at a minimum replacement ratio of one tree for each tree removed or nine acorns planted for each tree removed.
b. Mitigation other than replacement shall include the payment of replacement costs to replace each tree that is removed as determined by the oak tree assessment.
7. The trees to be retained or replacement trees will be located in an area that will be maintained in such a manner as to ensure their long-term health (e.g., not be overwatered or receive too many nutrients).
8. A program has been included to monitor and report on the survival rate of replaced trees to ensure the longterm success of a tree preservation and replacement plan.
E. Approval Authority. A tree preservation and replacement plan and application for a tree preservation and replacement permit shall be subject to planning commission review and approval at a public hearing. A tree preservation and replacement plan and permit may be approved, conditionally approved, or denied.
F. Approval Findings. The planning commission, in approving a tree preservation and replacement plan and permit, shall find as follows:
1. A reasonable and conforming use of the property justifies the removal of trees.
2. The proposed location and configuration of lots, buildings, and streets have been designed to minimize to the greatest extent feasible the removal of healthy trees, including the protection of singular significant specimens and clusters of oak woodlands.
3. No other permit for removal has been issued within the prior one-year period.
4. The retention or relocation of selected trees prevents reasonable use of the property on which they are located and, if required, the applicant has applied for any related discretionary or ministerial permits for the proposed use of property.
5. Replacement trees or appropriate mitigation will be planted or provided to replace each tree that is removed, if feasible.
6. Retained and replacement trees will be located in an area that will be maintained in such a manner as to ensure the long-term health of the trees and that adequate monitoring methods will be implemented.
7. All necessary environmental analysis has been conducted in accordance with all applicable environmental regulations. [Ord. 342 § 3 (Exh. A), 2016.]
18.80.070 Nonliability of city of Calimesa.
Nothing in this chapter shall be deemed to impose any liability for damages or a duty of care and maintenance upon the city or upon any of its officers or employees. The person in possession of any public property or the owner of any private property shall have a duty to maintain the oak trees upon the property consistent with the
Calimesa Municipal Code
Chapter 18.80 TREE PRESERVATION
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. terms of this chapter. Where emergency action is necessary, as set forth in CMC 18.80.030, Exemptions, any person who removes a tree located on property possessed, owned, or controlled by them is responsible for securing the area as appropriate to safeguard both persons and improvements from damage. [Ord. 342 § 3 (Exh.
A), 2016.]
Calimesa Municipal Code
Chapter 18.85 DEVELOPMENT AGREEMENTS
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
Chapter 18.85
DEVELOPMENT AGREEMENTS
Sections:
18.85.010 Purpose and intent.
18.85.020 Application requirements and forms.
18.85.030 Proposed development agreement.
18.85.040 Parties to the development agreement.
18.85.050 Review of application.
18.85.060 Hearing by city council.
18.85.070 Periodic review.
18.85.080 Cancellation or modification.
18.85.090 Miscellaneous provisions.
18.85.010 Purpose and intent.
A. This section is adopted pursuant to Section 65864 et seq. of the Government Code, authorizing local governments to enter into development agreements with applicants for development projects.
B. The purpose of this section is to establish procedures and requirements for consideration of development agreements by the city consistent with state law. [Ord. 95-7 § 2; Code 1990 § 12.12.01.]
18.85.020 Application requirements and forms.
A. An applicant may propose that the city consider entering into a development agreement pursuant to Article 2.5, Title 7 of the California Government Code, commencing with Section 65864, by filing an application with the planning department and demonstrating that the project satisfies the eligibility requirements of this section.
The form of said application shall be as established by the planning director.
B. Applicant. An application may be filed only by the property owner or other person having a legal or equitable interest in the property that is the subject of the development agreement or by that person’s authorized agent. The term “applicant” shall also include any successor in interest to the property owner, or successor in interest to any other person having a legal or equitable interest in the property.
C. Eligibility Requirements. The city council finds that it may be in the city’s best interest to enter into a development agreement when construction of the project will be phased over a several-year period, is a large-scale development, shall occupy substantial acreage, or in some other way requires long-term certainty on the part of the developer and the city. The city council reserves the sole right to determine whether a development agreement is appropriate and in the best interest of the city for a specific development project. [Ord. 95-7 § 2; Code 1990 §
12.12.02.]
18.85.030 Proposed development agreement.
A. Each application shall be accompanied by a proposed development agreement which shall specify the following:
1. The duration of the agreement;
2. The permitted uses of the property;
3. The density and intensity of use;
4. The maximum height and size of proposed buildings; and
5. Provisions for reservation or dedication of land.
B. A proposed agreement may include conditions, terms, restrictions and requirements for subsequent discretionary actions; provided, that such conditions, terms, restrictions and requirements for subsequent discretionary actions
Calimesa Municipal Code
Chapter 18.85 DEVELOPMENT AGREEMENTS
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. shall not unreasonably prevent development of the land for the uses and to the density or intensity of the development set forth in the agreement. A proposed agreement may also provide that construction shall be commenced within a specified time and that the project or any phases thereof be completed within a specified time.
C. A program and standards for periodic review of the agreement shall be included.
D. Appropriate provisions, acceptable to the city attorney, providing security for the performance of the developer under the development agreement.
E. A development agreement shall include all conditions imposed by the city with respect to the development project, including those conditions required as a result of any environmental review prepared under the California Environmental Quality Act. Provided, however, agreements for special purposes may be adopted covering only certain aspects of the project. Any such special purpose development agreement shall be identified as such.
F. All development agreements shall contain an indemnity and insurance clause, in form and substance acceptable to the city attorney, requiring the developer to indemnify the city against claims arising out of the development process; provided, that such a provision does not violate applicable law or constitute a joint venture, partnership or other participation in the business affairs of the developer by the city.
G. All development agreements, or any part of such development agreements, may be subject to subsequent condemnation proceedings by the city.
H. A proposed agreement may include such additional conditions, terms, restrictions or requirements as determined by the planning commission and city council to be in the public interest. [Ord. 95-7 § 2; Code 1990 § 12.12.03.]
18.85.040 Parties to the development agreement.
A. Only a qualified applicant may file an application to enter into a development agreement with the city. The planning director may require an applicant to submit proof of his interest in the real property and of the authority of the agent to act for the applicant. Such proof may include a preliminary title report, issued by a title company licensed to do business in the state of California, evidencing the requisite interest of the applicant in the real property. Before processing the application, the planning director may obtain the opinion of the city attorney as to the sufficiency of the applicant’s interest in the real property to enter into the development agreement as a qualified applicant.
B. In addition to the city and the qualified applicant, any federal, state or local governmental agency or body may be included as a party to any development agreement. Any such additional party may be made a party to the development agreement pursuant to the provisions of the Joint Exercise of Powers Act (Government Code Section 6500 et seq.) providing for joint powers agreements, or provisions of other applicable federal, state or local law, in order to create a legally binding agreement among such parties. [Ord. 95-7 § 2; Code 1990 § 12.12.04.]
18.85.050 Review of application.
A. The planning director shall endorse the application the date it is received. He shall review the application and may reject it if it is incomplete or inaccurate for processing. If he finds that the application is complete he shall accept it for filing. The planning director shall review the application and determine any additional requirements necessary to complete the form of development agreement. After receiving the required information, he shall prepare a staff report and recommendation and shall state whether or not the development agreement, as proposed, or in an amended form (specifying the nature of the amendments), would be consistent with the general plan and any applicable specific plan, and with the provisions contained herein and whether it meets the needs and requirements of the city.
B. The planning director shall, as part of his review of the application, circulate copies of the proposed development agreement to those city departments and other agencies having jurisdiction over the development project to be undertaken pursuant to the development agreement, for review and comment by such city agencies. The city attorney shall also review the proposed development agreement for legal sufficiency and shall prepare a proposed ordinance authorizing the city to enter into the development agreement, for action by the city council upon hearing thereof as specified herein. The staff report and recommendation of the planning director shall include any appropriate recommendations received by other city agencies.
Calimesa Municipal Code
Chapter 18.85 DEVELOPMENT AGREEMENTS
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
C. The planning director shall, at the applicant’s expense and in accordance with city procedures for implementation of the California Environmental Quality Act, undertake environmental review and, upon completion of such review, transmit the application, together with the department’s recommendation thereon, to the planning commission.
D. Upon receipt of an application, the results of the environmental review, and the recommendations of the planning director, the planning commission shall schedule a public hearing. Notice of intention to consider the application shall be given as provided in Sections 65090 and 65091 of the California Government Code and as provided for in CMC 18.15.080, Hearings and appeals. In addition, if the application is being processed together with the development project, notice of such intention shall be given as required for consideration of the development project.
E. Review Standard. The planning commission may recommend use of a development agreement as a method of implementing or providing standards and criteria for any development approval, including:
1. A development approval pursuant to the zoning ordinance;
2. An amendment to the general plan of the city;
3. The formation of an assessment district, benefit district, maintenance district or special benefit district or any other procedure, for the installation of required on-site or off-site improvements or infrastructure; and/or
4. Mitigation measures imposed upon a development project after approval of an environmental impact report in which such mitigation measures have been proposed as a mechanism for eliminating or reducing environmental impacts.
F. Recommendation of Planning Commission. After the public hearing, the planning commission shall make its recommendation in writing to the city council. The recommendation shall include the planning commission’s determination as to whether or not the proposed development agreement:
1. Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;
2. Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is or will be located;
3. Is in conformity with and will promote public convenience, general welfare and good land use practice;
4. Will be detrimental to the health, safety and general welfare;
5. Will adversely affect the orderly development of property or the preservation of property values; and
6. Will promote and encourage the development of the proposed project by providing a greater degree of requisite certainty. [Ord. 95-7 § 2; Code 1990 § 12.12.05.]
18.85.060 Hearing by city council.
A. Adoption by Ordinance. A development agreement is a legislative act, and shall be enacted by ordinance only after a public hearing before the city council is held in accordance with the provisions of CMC 18.15.080, Hearings and appeals. The ordinance shall refer to and incorporate by reference the text of the development agreement.
B. Conduct of Hearing. At the hearing, the city council shall consider the planning commission’s recommendation together with any additional public testimony, and may approve, disapprove, or modify any recommendation of the planning commission. If public testimony is presented on an issue which was not considered by the planning commission, then the city council may refer the issue back to the planning commission for further hearings and recommendations.
C. Consistency with the General Plan, and Any Specific or Policy Plans. Before the city council may approve the development agreement, it must find that its provisions are consistent with the general plan and any applicable specific plans or policy plans of the city. If the city council approves the development agreement in the form
Calimesa Municipal Code
Chapter 18.85 DEVELOPMENT AGREEMENTS
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. recommended by the planning commission, without further findings, then it shall be deemed to have also adopted the findings of the planning commission.
D. Execution of a Development Agreement. If the city council adopts an ordinance approving a development agreement, then the parties thereto shall execute the development agreement within 30 calendar days after adoption of the ordinance; provided, however, that the development agreement shall not become effective until the ordinance authorizing the development agreement also becomes effective. The time for executing the agreement may be extended by the mutual consent of the city council and the applicant.
E. Recordation. Within 10 calendar days after the city enters into the development agreement, the city clerk shall have the agreement recorded with the Riverside County recorder. If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Government Code Section 65868, or if the city determines or modifies the agreement as provided in Government Code Section 65865.1 for failure of the applicant to materially comply in good faith with the terms or conditions in the agreement, then the city clerk shall have notice of such action recorded with the Riverside County recorder. [Ord. 95-7 § 2; Code 1990 § 12.12.06.]
18.85.070 Periodic review.
A. The city shall periodically review the development agreement at least once every 12 months after the city enters into a development agreement.
B. Not less than 45 nor more than 60 calendar days prior to the yearly anniversary of the date the development agreement was entered into, the applicant shall submit evidence to the planning director of the applicant’s good-faith compliance with the development agreement. Said notification shall be accompanied by a processing fee in such amount as may hereinafter be established by resolution of the city council.
C. Finding of Compliance. If the planning director finds good-faith compliance by the developer with the terms of the development agreement, a certificate of compliance shall be issued, which shall be in recordable form and may be recorded by the developer in the official records. The issuance of a certificate of compliance by the planning director and the expiration of the appeal period hereinafter specified without appeal, or the confirmation by the city council of the issuance of the certificate on such appeal, shall conclude the review for the applicable period and such determination shall be final.
D. Finding of Noncompliance. If, based on substantial evidence, the planning director finds the developer has not complied in good faith with the terms of the development agreement, the respects in which the developer has failed to comply shall be specified in writing. The planning director shall also specify a reasonable time for the developer to meet the terms of compliance. If such areas of noncompliance are not corrected within the reasonable time limits as prescribed by the planning director, the development agreement shall be subject to cancellation pursuant to the provisions herein.
E. Appeal of Determination. Any interested person may file an appeal of the issuance of a certificate of compliance to the city council within 10 days after the certificate’s issuance. The developer may also file an appeal to the city council of the finding of the planning director of noncompliance within 10 days after the giving of notice of such determination. All appeals before the city council shall be conducted pursuant to a noticed hearing in the same manner as any other appeal before the city council, at which evidence shall be taken and findings thereon made.
F. Referral to the Planning Commission. The planning director may refer any review to be conducted hereunder to the planning commission. Such referral shall be made together with a staff report of the planning director’s preliminary findings. Upon such referral, the planning commission shall conduct a noticed public hearing to determine the good faith compliance by the developer with the terms of the development agreement in accordance with the provisions contained herein, and shall direct the issuance of a certificate of compliance upon a finding of good faith compliance, or make the determination of noncompliance on the basis of substantial evidence. Any such decision by the planning commission shall be subject to appeal to the city council in the same manner as any other such decision. [Ord. 95-7 § 2; Code 1990 § 12.12.07.]
18.85.080 Cancellation or modification.
A. Cancellation or Modification by Mutual Consent. Any development agreement may be canceled or modified by mutual consent of the parties, but only in the manner provided in California Government Code Section 65868. Any
Calimesa Municipal Code
Chapter 18.85 DEVELOPMENT AGREEMENTS
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. proposal to cancel or modify a development agreement shall be heard and determined in accordance with the same procedures specified by this section for approval of a development agreement.
B. If, at any time during the term of a development agreement, the planning director or the planning commission finds, on the basis of substantial evidence, that the developer has not complied in good faith with the terms and conditions of the development agreement, and such noncompliance has not been corrected, the planning director or the planning commission, as may be, shall, pursuant to the notice provisions of this chapter, request that the city council conduct a public hearing at which the developer must demonstrate good faith compliance with the terms of the development agreement. The burden of proof of substantial evidence of compliance by the developer is upon the developer. If such compliance cannot be shown, the city council shall either commence proceedings to cancel the development agreement or recommend new terms and conditions intended to remedy the noncompliance.
C. The city council shall conduct a noticed hearing on the recommendations of the planning director or the planning commission at which time the developer and any other interested persons shall be entitled to submit such evidence and testimony as may be germane to the issue of the developer’s good faith compliance with the terms of the development agreement. If the city council finds, based on substantial evidence, noncompliance with the terms and conditions of the development agreement, it may either cancel the development agreement upon giving 60 days’ notice to the developer or, in its discretion, may allow the development agreement to be continued by imposition of new terms and conditions intended to remedy such noncompliance. The city council may impose such conditions to the action it takes as it considers necessary to protect the interest of the city. The decision of the city council shall be final.
D. In the event that a development agreement should be canceled, or otherwise terminated, unless otherwise agreed, all rights of the developer, property owner or successors in interests under the development agreement shall terminate. Any and all benefits, including money or land, received by the city shall be retained by the city.
Notwithstanding the above provision, any termination of the development agreement shall not prevent the developer from completing and occupying a building or other improvements authorized pursuant to a valid building permit previously approved by the city or under construction at the time of termination, but the city may take any action permitted by law to prevent, stop, or correct any violation of law occurring during and after construction, and the developer or any tenant shall not occupy any portion of the project or any building not authorized by a previously issued building permit. As used herein, “construction” means work under a valid building permit, and “completing” means completion for beneficial occupancy for developer’s use, or if a portion of the project is intended for use by a lessee or tenant, then for such portion. “Completion” means completion except for interior improvements such as partitions, duct and electrical runouts, floor coverings, wall coverings, lighting, furniture, trade fixtures, finished ceilings and other improvements typically constructed by or for tenants of similar buildings. At such time uses shall, to the extent possible, be deemed nonconforming uses, and shall be subject to the nonconforming use provisions of this title. [Ord. 95-7 § 2; Code 1990 § 12.12.08.]
18.85.090 Miscellaneous provisions.
A. All development agreements shall be subject to the regulation and requirements of the laws of the state of California, the Constitution of the United States; any codes, statutes, or executive mandates; and any court decision, state or federal, thereunder. In the event that any such law, code, statute, mandate or decision made or enacted after a development agreement has been entered into prevents or precludes compliance with one or more provisions of the development agreement, then such provisions of the development agreement shall be modified or suspended in the manner and pursuant to the procedures specified in the development agreement, as may be necessary to comply with such law, code, statute, mandate, or decision.
B. All development agreements entail and consist of a separate procedure from other land use planning procedures, and shall not take the place of the zoning ordinance, the general plan, conditional use permits, subdivision approvals, building permits or any other city development procedures. If so specified in the development agreement, it shall constitute an approval pursuant to such planning procedures as if separately enacted under other provisions of this title or other city ordinances. To the extent practicable, public hearings on a proposed development agreement shall be held concurrently with the public hearings on all related land use approvals and all such approvals shall be made concurrently with the approval of the development agreement.
C. When approved, the development agreement and any development control maps and all notations, references and regulations which are a part of the development agreement shall be part of the development agreement ordinance.
Calimesa Municipal Code
Chapter 18.85 DEVELOPMENT AGREEMENTS
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
Development control maps include, but are not limited to, regulations intended to carry out any plan respecting location or type of activities; height, bulk, siding or design of structures; location or design of open areas; and landscaping and other comparable regulations.
D. This section and any subsequent development agreement with respect to any development agreement enacted under this section, any provision of such a development agreement which is in conflict with this title shall be void.
Unless otherwise provided by the development agreement, the city’s rules, regulations and official policies governing permitted uses of land, governing density, and governing design, improvement and construction standards and specifications applicable to development of the property subject to a development agreement shall be those city rules, regulations and official policies in force at the time of the approval of the development agreement by the city council; provided, however, that the developer is subject to all increases in city-imposed fees, dedication requirements and charges with respect to subsequent applications for development and construction within the property subject to a development agreement. [Ord. 95-7 § 2; Code 1990 § 12.12.09.]
Calimesa Municipal Code
Chapter 18.90 DEVELOPMENT PLAN REVIEW
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
Chapter 18.90
DEVELOPMENT PLAN REVIEW
Sections:
18.90.010 Purpose.
18.90.020 Unapproved development prohibited.
18.90.030 Minor development plan review.
18.90.040 Major development plan review.
* Prior legislation: Ords. 264, 286, 293 and 318; Code 1990 §§ 9.13.03, 9.13.05 – 9.13.12.
18.90.010 Purpose.
The city council finds and declares that the public health, safety, and welfare requires that all proposed development be consistent with the city’s general plan, applicable specific plans, zoning, and all federal, state, and local laws and regulations. The purpose of this chapter is to ensure such consistency by requiring development plan review of all development proposed within the city unless specifically exempted by this chapter. [Ord. 342 § 3 (Exh. A), 2016; Ord. 96-11 § 1; Ord. 95-4 § 1; Code 1990 § 9.13.01.]
18.90.020 Unapproved development prohibited.
Unless specifically exempted from the provisions of this chapter, no person shall commence any new development, construct a sign, obtain a building permit or certificate of occupancy, or intensify any use until a development plan therefor has been approved. [Ord. 342 § 3 (Exh. A), 2016; Ord. 96-11 § 1; Ord. 95-4 § 1; Code 1990 § 9.13.02.]
18.90.030 Minor development plan review.
A. Purpose. The purpose of this section is to provide a process to consider minor site plan or architectural changes related to new or existing buildings.
B. Applicability. A minor development plan review permit is required for the following types of development:
1. Single-family homes when not in conjunction with residential tract map developments and not subject to the hillside development requirements of this zoning code.
2. Exterior remodel of commercial, administrative and professional office, industrial, institutional, and multifamily buildings or structures.
3. Additions to existing commercial, administrative and professional office, industrial, institutional, and multifamily development, which result in all of the following:
a. An increase or decrease of the existing number of parking spaces by 10 percent or less, not associated with changes in the buildings or uses served by the parking area. b. An increase or decrease of the existing floor area by 10 percent or less, up to a maximum of 5,000 square feet.
c. An increase of the existing building height by 10 percent or less. d. An increase in the existing density for residential projects by 10 percent or less. e. A change in use of an existing building requiring the increase of the existing number of parking spaces by 10 percent or less.
4. Construction of accessory buildings not more than 1,200 square feet in size and/or 18 feet in height in nonagricultural zone districts.
5. Construction of accessory buildings in agricultural zone districts.
Calimesa Municipal Code
Chapter 18.90 DEVELOPMENT PLAN REVIEW
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
6. Concept plan, in accordance with Chapter 18.28 CMC, Mixed Use Zone Districts.
7. Signs, in accordance with Chapter 18.50 CMC, Sign Regulations.
8. Master sign programs, in accordance with Chapter 18.50, Sign Regulations.
9. Accessory dwelling units.
10. As specifically stated in this title.
11. All single-family attached, single-family detached, multifamily dwellings, and accessory dwelling units (if permitted by state law) proposed within the residential infill priority area overlay zone (“RIPAOZ”).
C. Exemptions. The following structures are exempt from minor development plan review. However, such structures may require zoning clearance to ensure compliance with applicable zoning code provisions, or may be subject to compliance with conditions of an existing conditional use permit or other permit issued pursuant to this code or other city ordinance. A building permit may also be required.
1. Room additions in areas designated for single-family residential development, unless located in an area subject to the hillside development requirements of this zoning code.
2. Accessory buildings (650 square feet or less and no more than 18 feet in height), patios, decks, gazebos, and other incidental structures not directly adjacent to or facing a public street, landscape components, and fencedin areas, designed for single-family residential development.
3. Pools and spas in areas designated for single-family residential development, unless located in an area subject to the hillside development requirements of this zoning code.
4. A change in use of an existing building that would not result in any additional parking spaces or an exterior remodel to any buildings or structures where such exterior remodel is consistent with any applicable specific plan or other condition previously imposed on the building or structure. (Note: Some uses require other discretionary approvals such as a conditional use permit; this requirement is not affected by this exemption from minor development plan review.)
5. Projects that are subject to the “by right” approval process pursuant to CMC 18.20.020(H)(2).
D. Approving Authority. Subject to subsection (C) of this section, the planning director shall be the designated approving authority for minor development plan review. The planning director shall approve, approve with conditions, or deny applications for minor development plan review. Minor development plan review approval is required prior to issuance of any ministerial building permits or site improvement plans. Minor development plan review approval is required prior to or in conjunction with discretionary action on any development applications (e.g., conditional use permit, variance, etc.).
E. Planning Director – Elevation to Planning Commission. The planning director may elevate a minor development plan review permit to the planning commission for review and consideration for any reason. In such instances, the permit request shall become a major development plan review. The director’s decision to elevate a minor development plan review to the planning commission may be appealed as provided for this in zoning code.
F. Application. The planning director may adopt application forms and specify the requirements for submittal of an application for a minor development plan review consistent with the requirements of this title. An application for a minor development plan review shall be filed in a manner consistent with the requirements contained in CMC
18.15.020, Application.
G. Findings. Approval of a minor development plan review shall not be granted unless the designated approving authority makes all of the following findings in writing:
1. The development plan application is consistent with the city’s general plan, applicable specific plans, zoning, and all federal, state, and local laws and regulations.
Calimesa Municipal Code
Chapter 18.90 DEVELOPMENT PLAN REVIEW
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
2. The design of the site plan is safe, functional, and environmentally sensitive to the surrounding properties.
Grading, where required, minimizes any potential environmental damage to the greatest extent possible. For purposes of making this finding, consideration shall be given, but not limited, to the following:
a. Orientation and location of buildings and open space. b. Vehicle access.
c. Circulation, parking, and loading.
d. Building heights.
e. Design of walls and fences.
f. Preservation of natural landforms and vegetation.
g. Protection and enhancement of historic, archaeological, and cultural resources. h. Minimization of environmental impacts.
i. Fiscal and economic impacts.
j. Pedestrian amenities.
3. The architecture proposed is compatible with community standards and protects the character of adjacent development. For purposes of this finding, consideration shall be given, but not limited, to the following:
a. The scale, character, and quality of the design of the development. b. The appropriate use of design elements, including line, mass, contour, texture, and colors. c. The appropriate use of design principles, including unity, diversity, repetition, emphasis, symmetry, or asymmetry to achieve a pleasing effect.
d. Harmony with surrounding structural elements.
e. Screening of exterior structural elements.
f. Lighting design.
g. Energy conservation.
4. The landscaping plan ensures visual relief and provides an attractive environment for the public’s enjoyment and conforms to all landscape guidelines and water conservation requirements. For the purposes of this finding, consideration shall be given, but not limited, to the following:
a. Location, type, size, color, texture, and coverage of plant material. b. Provision for irrigation, maintenance, and protection of existing and proposed landscaped areas. c. Screening of buildings and structures so as to relate them more closely to the natural environment. d. Minimization and concealment of utility and mechanical features. e. Preservation of native vegetation, significant ecological areas, and environmental features. f. Water conservation.
Calimesa Municipal Code
Chapter 18.90 DEVELOPMENT PLAN REVIEW
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
H. Amendments and Revisions. Amendments proposed to a previously approved minor development plan review shall be processed in accordance with CMC 18.15.110, Minor modifications.
I. Appeals. Appeals shall be made in accordance with CMC 18.15.080, Hearings and appeals.
J. Expiration and Extensions.
1. Expiration. Except as provided in subsections (J)(2) and (3) of this section, minor development plans that have not been used shall expire two years after the date of initial approval. Submittal of revisions after initial approval shall not extend the expiration date, unless a new application is required for filing. The term “used” shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under the terms of the authorized use.
2. Automatic Extensions. Automatic Extension – 2011. The expiration date of all minor development plan review approvals that have either not expired by October 9, 2011, or that are subsequently approved prior to January 1, 2014, shall be automatically extended by 12 months. This automatic extension provision shall not apply to any minor development plan review approval that is granted on or after January 1, 2014.
3. Time Extension. The planning director, upon an application being filed 30 days prior to expiration and based on a determination that a valid reason exists for the approved minor development plan review not being used within the required period of time, may grant a time extension not to exceed 12 months. The request for time extension shall be made to the planning department in accordance with CMC 18.15.020, Application. The total time allowed for the use of the minor development plan review shall not exceed a period of three years, calculated from the date of initial approval.
4. Automatic Extension – 2020. Except as provided in this subsection (J)(4), the expiration date of all minor development plan review approvals that have either not expired by June 15, 2020, or that are subsequently approved prior to January 1, 2021, shall be automatically extended by 12 months. This automatic extension provision shall not apply to any minor development plan review approval that is granted on or after January 1, 2021. [Ord. 399 § 9, 2024; Ord. 394 § 11, 2023; Ord. 393 § 11, 2023; Ord. 392 § 11, 2023; Ord. 372-U § 1, 2020; Ord. 357 § 10, 2018; Ord. 342 § 3 (Exh. A), 2016.]
18.90.040 Major development plan review.
A. Purpose. The purpose of this section is to provide a process for the review of development projects within the community. The provisions are intended to promote the orderly and harmonious growth of the city; to encourage development in keeping with the desired character of the city; to ensure physical, visual, and functional compatibility between uses; and to help prevent the depreciation and land values by ensuring proper attention is given to site and architectural design.
B. Applicability. A major development plan review permit is required for the following types of development:
1. Master home plans for single-family residential subdivisions, including architectural/design review and precise grading plans.
2. Multifamily development, including duplexes, triplexes, and apartment complexes.
3. Condominium and condominium conversion development.
4. All new commercial, administrative and professional office, industrial, and institutional development, including rebuilding of a structure from a demolition.
5. Additions to existing commercial, administrative and professional office, industrial, institutional, and multifamily development, which result in all of the following:
a. An increase or decrease of the existing number of parking spaces by more than 10 percent. b. An increase or decrease of the existing floor area by more than 10 percent.
Calimesa Municipal Code
Chapter 18.90 DEVELOPMENT PLAN REVIEW
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. c. An increase of the existing building height by more than 10 percent. d. An increase in the existing density for residential projects by more than 10 percent. e. A change in use of an existing building requiring the increase of the existing number of parking spaces by more than 10 percent.
6. Planned residential development overlay project.
7. All projects subject to a concept plan, in accordance with Chapter 18.28 CMC, Mixed Use Zone Districts.
8. Pole signs, in accordance with Chapter 18.50 CMC, Sign Regulations.
9. Signs exceeding 16 feet in height, in accordance with Chapter 18.50 CMC, Sign Regulations.
10. As specifically stated in the Calimesa zoning code.
C. Exemptions. Anything subject to minor development plan review or exempt from minor development plan review is exempt from major development plan review, unless elevated in accordance with CMC 18.90.030(E).
D. Approving Authority. Except as otherwise provided in CMC 18.90.030(E), the planning commission shall be the designated approving authority for major development plan review. The planning commission shall approve, approve with conditions, or deny applications for major development plan review. Major development plan review approval is required prior to issuance of any building permits or site improvement plans. Major development plan review approval is required prior to or in conjunction with discretionary action on corresponding development applications.
E. Application. The planning director may adopt application forms and specify the requirements for submittal of an application for a minor development plan review consistent with the requirements of this title. An application for a major development plan review shall be filed in a manner consistent with the requirements contained in CMC
18.15.020, Application.
F. Findings. Major development plan review shall not be approved unless the designated approving authority makes all of the following findings in writing:
1. The development plan application is consistent with the city’s general plan, applicable specific plans, zoning, and all federal, state, and local laws and regulations.
2. The design of the site plan is safe, functional, and environmentally sensitive to the surrounding properties.
Grading, where required, minimizes any potential environmental damage to the greatest extent possible. For purposes of making this finding, consideration shall be given, but not limited, to the following:
a. Orientation and location of buildings and open space. b. Vehicle access.
c. Circulation, parking, and loading.
d. Building heights.
e. Design of walls and fences.
f. Preservation of natural landforms and vegetation.
g. Protection and enhancement of historic, archaeological, and cultural resources. h. Minimization of environmental impacts.
i. Fiscal and economic impacts.
Calimesa Municipal Code
Chapter 18.90 DEVELOPMENT PLAN REVIEW
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. j. Pedestrian amenities.
3. The architecture proposed is compatible with community standards and protects the character of adjacent development. For purposes of this finding, consideration shall be given, but not limited, to the following:
a. The scale, character, and quality of the design of the development. b. The appropriate use of design elements, including line, mass, contour, texture, and colors. c. The appropriate use of design principles, including unity, diversity, repetition, emphasis, symmetry, or asymmetry to achieve a pleasing effect.
d. Harmony with surrounding structural elements.
e. Screening of exterior structural elements.
f. Lighting design.
g. Energy conservation.
4. The landscaping plan ensures visual relief and provides an attractive environment for the public’s enjoyment and conforms to all landscape guidelines and water conservation requirements. For the purposes of this finding, consideration shall be given, but not limited, to the following:
a. Location, type, size, color, texture, and coverage of plant material. b. Provision for irrigation, maintenance, and protection of existing and proposed landscaped areas. c. Screening of buildings and structures so as to relate them more closely to the natural environment. d. Minimization and concealment of utility and mechanical features. e. Preservation of native vegetation, significant ecological areas, and environmental features. f. Water conservation.
G. Amendments and Revisions. Amendments proposed to a previously approved major development plan review shall be processed in accordance with CMC 18.15.110, Minor modifications.
H. Appeals. Appeals shall be made in accordance with CMC 18.15.080, Hearings and appeals.
I. Expiration and Extensions.
1. Expiration. Except as provided in subsections (I)(2) and (3) of this section, major development plans that have not been used shall expire two years after the date of initial approval. Submittal of revisions after initial approval shall not extend the expiration date unless a new application is required for filing. The term “used” shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under the terms of the authorized use.
2. Automatic Extensions. Automatic Extension – 2011. The expiration date of all major development plan review approvals that have either not expired by October 9, 2011, or that are subsequently approved prior to January 1, 2014, shall be automatically extended by 12 months. This automatic extension provision shall not apply to any major development plan review approval that is granted on or after January 1, 2014.
3. Time Extension. The planning commission, upon an application being filed 30 days prior to expiration and based on a determination that a valid reason exists for the approved major development plan review not being used within the required period of time, may grant a time extension not to exceed 12 months. The request for time extension shall be made to the planning department in accordance with CMC 18.15.020, Application. The
Calimesa Municipal Code
Chapter 18.90 DEVELOPMENT PLAN REVIEW
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. total time allowed for the use of the major development plan review shall not exceed a period of three years, calculated from the date of application approval.
4. Automatic Extension – 2020. Except as provided in this subsection (I)(4), the expiration date of all major development plan review approvals that have either not expired by June 15, 2020, or that are subsequently approved prior to January 1, 2021, shall be automatically extended by 12 months. This automatic extension provision shall not apply to any major development plan review approval that is granted on or after January 1, 2021. [Ord. 372-U § 2, 2020; Ord. 342 § 3 (Exh. A), 2016.]
Calimesa Municipal Code
Chapter 18.95 SURFACE MINING AND LAND
RECLAMATION REGULATIONS
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
Chapter 18.95
SURFACE MINING AND LAND RECLAMATION REGULATIONS
Sections:
18.95.010 Purpose and intent.
18.95.020 Incorporation of SMARA and state regulations.
18.95.030 Applicability.
18.95.040 Contents of applications for conditional use permits and reclamation plans.
18.95.050 Processing.
18.95.060 Performance standards for reclamation plans.
18.95.070 Phasing of reclamation.
18.95.080 Findings for approval.
18.95.090 Financial assurances for reclamation plans.
18.95.100 Inspections.
18.95.110 Interim management plans.
18.95.120 Periodic review.
18.95.130 Time limit for commencement of use of conditional use permit for surface mining operations.
18.95.140 Violations and penalties.
18.95.010 Purpose and intent.
The city of Calimesa recognizes that the extraction of minerals is essential to the continued economic well-being of the city and to the needs of society and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety. The city also recognizes that surface mining takes place in diverse areas where the geologic, topographic, climatic, biological and social conditions are significantly different and that reclamation operations and the specifications therefor may vary accordingly. The purpose and intent of this chapter is to regulate surface mining operations as authorized by California’s Surface Mining and Reclamation Act of 1975 (Public Resources Code Section 2710 et seq.), as amended, hereinafter referred to as “SMARA”; and Public Resources Code Section 2207; and the California Code of Regulations adopted pursuant thereto (14 California Code of Regulations, Section 3500 et seq.), to ensure that:
A. Adverse environmental and other effects of surface mining operations will be prevented or minimized and that the reclamation of mined lands will provide for the beneficial, sustainable long-term productive use of the mined and reclaimed lands; and
B. The production and conservation of minerals will be encouraged while eliminating hazards to public health and safety and avoiding or minimizing adverse effects on the environment, including but not limited to geologic subsidence, air pollution, water quality degradation, damage to biological resources, flooding, erosion, degradation of scenic quality and noise pollution. [Ord. 95-7 § 2; Code 1990 § 12.11.01.]
18.95.020 Incorporation of SMARA and state regulations.
The provisions of the California Surface Mining and Reclamation Act of 1975 (Public Resources Code, Section 2710 et seq.), Public Resources Code Section 2207 and the California Code of Regulations implementing the Act (14 California Code of Regulations, Section 3500 et seq.), and 14 California Code of Regulations, Article 9, Chapter 8, Section 3700 et seq., “Reclamation Standards,” hereinafter referred to as the “state regulations,” as those provisions may be amended from time to time, are made a part of this chapter by reference with the same force and effect as if the provisions therein were specifically and fully set out herein, excepting that when the provisions of this chapter are more restrictive than conflicting state provisions, this chapter shall prevail. [Ord. 95-7 § 2; Code 1990 § 12.11.02.]
18.95.030 Applicability.
A. Requirements for Conditional Use Permit and Land Reclamation Plans.
Calimesa Municipal Code
Chapter 18.95 SURFACE MINING AND LAND
RECLAMATION REGULATIONS
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
1. Unless exempted by provisions of this chapter, any person who proposes to engage in surface mining or who proposes to permit another person to engage in surface mining on his property shall, prior to the commencement of said operations as defined in this section, first file and obtain approval from the city of Calimesa of a conditional use permit as provided in CMC 18.15.050; a reclamation plan in accordance with the provisions set forth in this chapter, and as further provided in Section 2772 et seq. of the Public Resources Code, and 14 California Code of Regulations, Article 9, Chapter 8, Section 3700 et seq.; and financial assurances for reclamation. A conditional use permit shall be required for all surface mining operations in all zoning districts in which surface mining is allowed, and shall be required for the expansion or substantial change of operation of any surface mine for which such expansion or changes have not been thereby approved, including any operation which meets the definition of a nonconforming use pursuant to CMC 18.15.120.
2. Requirements for Reclamation Plans. A reclamation plan shall be required for all surface mining operations in all zoning districts in which surface mining is allowed, as well as for those portions of existing surface mining operations which claim to have vested rights pursuant to Public Resources Code Section 2776, unless otherwise exempted from the requirements of SMARA or as set forth herein. (Public Resources Code Section 2770 et seq.)
3. Exemptions. A reclamation plan shall not be required for any of the following activities:
a. Excavations or grading conducted for farming or on-site construction or for the purpose of restoring land following a flood or natural disaster (Public Resources Code Section 2714(a)). b. Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than 1,000 cubic yards in any one location of one acre or less (Public Resources Code Section 2714(b)).
c. Surface mining operations that are required by federal law in order to protect a mining claim, if such operations are conducted solely for that purpose (SMARA Section 2714(c)). d. Such other surface mining operations which the State Mining and Geology Board determines to be of an infrequent nature and which involve only minor surface disturbances (Public Resources Code Section 2714(d)).
e. Emergency excavations or grading conducted by the Department of Water Resources or the Reclamation Board for the purpose of averting, alleviating, repairing or restoring damage to property due to imminent or recent floods, disasters or other emergencies (Public Resources Code Section 2714(f)). f. Surface mining operations conducted on lands owned or leased, or upon which easements or rights-ofway have been obtained by, the Department of Water Resources for the purpose of the State Water Resources Development System or flood control, and surface mining operations on lands owned or leased, or upon which easements or rights-of-way have been obtained, by the Reclamation Board for the purpose of flood control, if the Department of Water Resources adopts, after submission to and consultation with, the Department of Conservation, a reclamation plan for lands affected by these activities, and those lands are reclaimed in conformance with the standards specified in regulations of the board adopted pursuant to this chapter (Public Resources Code Section 2714(g)(1)).
Nothing in this section shall require the Department of Water Resources or the Reclamation Board to obtain a permit or secure approval of a reclamation plan from the city in order to conduct surface mining operations specified in subsection (A)(1) of this section. Nothing in this section shall preclude the bringing of an enforcement action pursuant to Public Resources Code Section 2774.1 if it is determined that a surface mine operator acting under contract with the Department of Water Resources or the Reclamation Board on lands other than those owned or leased, or upon which easements or rights-of-way have been obtained, by the Department of Water Resources or the Reclamation Board, is otherwise not in compliance with Public Resources Code Section 2710 et seq. (Public Resources Code Section 2714(g)(2)).
An exemption under this chapter does not automatically exempt a project or activity from the application of other regulations, ordinances or policies of the city, including, but not limited to, application of the California
Calimesa Municipal Code
Chapter 18.95 SURFACE MINING AND LAND
RECLAMATION REGULATIONS
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
Environmental Quality Act (Public Resources Code Section 21000 et seq.), the requirement of site approvals or other permits, or the payment of development impact fees or the imposition of other dedications and exactions as may be permitted under the law. [Ord. 95-7 § 2; Code 1990 § 12.11.03.]
18.95.040 Contents of applications for conditional use permits and reclamation plans.
A. Applications for a conditional use permit or reclamation plan for surface mining or land reclamation projects shall be made on forms provided by the planning department. Said application shall be filed in accordance with this chapter and procedures to be established by the planning director. As many copies of the application as may be required shall be submitted to the planning department.
B. As many copies of a reclamation plan application as may be required shall be submitted in conjunction with all applications for surface mining operations. For surface mining operations that are exempt from a conditional use permit pursuant to this chapter, the reclamation plan application shall include information concerning the mining operation that is required for processing the reclamation plan.
C. Applications shall include all required environmental review forms and information prescribed by the planning department.
D. The planning department will review the application package for completeness and shall, within 30 days after receipt, either accept the application as complete for the purpose of initiating permit processing or return the application as incomplete with an explanation of where the application is deficient. Resubmittal of the revised application shall start a new review time frame. [Ord. 95-7 § 2; Code 1990 § 12.11.04.]
18.95.050 Processing.
A. Within 30 days of acceptance of an application for a conditional use permit for surface mining operations and/or a reclamation plan as complete, the planning department shall notify the Director of the California Department of Conservation of the filing of the application(s) (Public Resources Code Section 2774(e)). Whenever mining operations are proposed in the 100-year floodplain of any stream, as shown in Zone A of the flood insurance rate maps issued by the Federal Emergency Management Agency, and within one mile, upstream or downstream, of any state highway bridge, the planning department shall also notify the State Department of Transportation that the application has been received (Public Resources Code Section 2770.5).
B. The planning department shall process the application(s) through environmental review pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.) and the city’s environmental review guidelines.
C. Subsequent to the appropriate environmental review, the planning department shall prepare a staff report with recommendations for consideration by the planning commission.
D. The planning commission shall hold at least one noticed public hearing on the conditional use permit and/or reclamation plan.
E. Prior to final approval of a reclamation plan, financial assurances (as provided in this chapter), or any amendments to a reclamation plan or existing financial assurances, the planning commission shall certify to the Director of the California Department of Conservation that the reclamation plan and/or financial assurance complies with the applicable requirements of the state regulations and submit the plan, assurances or amendments to the Director of the California Department of Conservation for review (Public Resources Code Section 2774(c)). The planning commission may conceptually approve the reclamation plan and financial assurance before submittal to the Director of the California Department of Conservation. If a conditional use permit is being processed concurrently with the reclamation plan, the planning commission may simultaneously also conceptually approve the conditional use permit. However, the planning commission may defer action on the conditional use permit until taking final action on the reclamation plan and financial assurance. If necessary to comply with permit processing deadlines, the planning commission may conditionally approve the conditional use permit with the condition that the planning department shall not issue the conditional use permit for the mining operation until financial assurances have been reviewed by the Director of the California Department of Conservation and final action has been taken on the reclamation plan and financial assurances.
Calimesa Municipal Code
Chapter 18.95 SURFACE MINING AND LAND
RECLAMATION REGULATIONS
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
The Director of the California Department of Conservation shall have 45 days to prepare written comments on the reclamation plan and financial assurance, if the Director of the California Department of Conservation so chooses (Public Resources Code Section 2774(d)). The planning commission shall evaluate written comments received from the Director of the California Department of Conservation during the 45-day comment period. Staff shall prepare a written response describing the disposition of the major issues raised by the state for the planning commission’s approval. In particular, when the planning commission’s position is at variance with the recommendations and objections raised in the comments of the Director of the California Department of Conservation, the written response shall address, in detail, why specific comments and suggestions were not accepted (Public Resources Code Section 2774(d)). Copies of any written comments received and responses prepared by the planning commission shall be promptly forwarded to the operator/applicant.
F. The planning commission shall then take action to approve, conditionally approve or deny the conditional use permit and/or reclamation plan. The planning commission’s action shall be final, subject to appeal to the city council in accordance with CMC 18.15.080.
G. The planning department shall forward a copy of each approved conditional use permit for mining operations and/or approved reclamation plan and a copy of the financial assurances to the Director of the California Department of Conservation. By July 1st of each year, the planning department shall submit to the Director of the California Department of Conservation for each active or idle mining operation a copy of the conditional use permit or reclamation plan amendments, as applicable, or a statement that there have been no changes during the previous year (Public Resources Code Section 2774(e)).
H. Annual Reports. Surface mining operators shall forward an annual status report to the Director of the California Department of Conservation and the planning department on a date established by the Director of the California Department of Conservation upon forms furnished by the State Mining and Geology Board (Public Resources Code Section 2207(a) through (g)). [Ord. 95-7 § 2; Code 1990 § 12.11.05.]
18.95.060 Performance standards for reclamation plans.
A. All new or revised reclamation plans shall conform to minimum statewide performance standards required pursuant to Public Resources Code Section 2773(b) (14 California Code of Regulations, Article 9, Chapter 8, Section 3700 et seq.), as adopted by the State Mining and Geology Board, including but not limited to wildlife habitat, backfilling, revegetation, drainage, agricultural land reclamation, equipment removal, stream protection, topsoil salvage and waste management.
B. The city of Calimesa may impose additional performance standards developed either in review of individual projects, as warranted, or through the formulation and adoption of citywide performance standards. [Ord. 95-7 § 2; Code 1990 § 12.11.06.]
18.95.070 Phasing of reclamation.
Reclamation activities shall be phased with respect to the mining operation and shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance (Public Resources Code Section 2772(f)) (see also CMC 18.95.110, Interim management plans). Interim reclamation may also be required for mined lands that have been disturbed and that may be disturbed again in future operations. Reclamation may be done on an annual basis, in stages compatible with continuing operations, or on completion of all excavation, removal or fill, as approved by the city. Each phase of reclamation shall be specifically described in the reclamation plan and shall include:
A. The beginning and expected ending dates for each phase; B. All reclamation activities required;
C. Criteria for measuring completion of specific reclamation activities; and D. Estimated costs as provided in CMC 18.95.090. [Ord. 95-7 § 2; Code 1990 § 12.11.07.]
Calimesa Municipal Code
Chapter 18.95 SURFACE MINING AND LAND
RECLAMATION REGULATIONS
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
18.95.080 Findings for approval.
A. Approval of a Conditional Use Permit. In addition to the findings for approval of a conditional use permit contained in CMC 18.15.050, approval of a conditional use permit for surface mining operations shall include a finding that the project complies with the provisions of state regulations.
B. Approval of Reclamation Plans. For reclamation plans, the following findings shall be required:
1. That the reclamation plan complies with Sections 2772, 2773 and 2773.1 of the Public Resources Code and any other applicable provisions.
2. That the reclamation plan complies with applicable requirements of the state regulations (14 California Code of Regulations, Section 3500 et seq., and 14 California Code of Regulations, Section 3700 et seq.).
3. That the reclamation plan and potential use of reclaimed land pursuant to the plan are consistent with this chapter and the city’s general plan and any applicable resource plan or element.
4. That the reclamation plan has been reviewed pursuant to the California Environmental Quality Act (“CEQA,” Public Resources Code Section 21000 et seq.) and the city’s environmental review guidelines, and all significant adverse impacts from reclamation of the surface mining operations are mitigated to the maximum extent feasible.
5. That the land and/or resources such as water bodies to be reclaimed will be restored to a condition that is as compatible with and blends in with the surrounding natural environment, topography and other resources, or that suitable off-site development will compensate for related disturbances to resource values.
6. That the reclamation plan will restore the mined lands to a usable condition which is readily adaptable for alternative land uses consistent with the general plan and applicable resource plan.
7. That a written response to the Director of the California Department of Conservation has been prepared, describing the disposition of major issues raised by the Director of the California Department of Conservation.
Where the city’s position is at a variance with the recommendations and objections raised by the Director of the California Department of Conservation, said response shall address in detail why specific comments and suggestions were not accepted (Public Resources Code Section 2772(d)). [Ord. 95-7 § 2; Code 1990 §
12.11.08.]
18.95.090 Financial assurances for reclamation plans.
A. In order to ensure that reclamation will proceed in accordance with the approved reclamation plan, the city shall require as a condition of approval security which will be released upon satisfactory performance. The applicant may post security in an acceptable form of a surety bond, trust fund, irrevocable letter of credit from an accredited financial institution, trust funds, or other method acceptable to the city and the Mining and Geology Board (the “Board”) as specified in statewide regulations adopted by the Board, and which the city reasonably determines are adequate to perform reclamation in accordance with the surface mining operation’s approved reclamation plan.
Financial assurances shall be made payable to the city of Calimesa and the Department of Conservation (Public Resources Code Section 2773.1 (a)(4)).
B. Financial assurances will be required to ensure compliance with elements of the reclamation plan including but not limited to revegetation and landscaping requirements, restoration of aquatic or wildlife habitat, restoration of water bodies and water quality, slope stability and erosion and drainage control, disposal of hazardous materials, and other mitigation measures. Financial assurances for such elements of the plan shall be monitored by the planning department.
C. The amount of the financial assurances shall be based upon the estimated costs of reclamation for the years or phases stipulated pursuant to the approved reclamation plan, including any maintenance of reclaimed areas as may be required, subject to adjustment for the actual amount required to reclaim lands disturbed by surface mining activities since January 1, 1976, and new lands to be disturbed by surface mining activities in the upcoming year, as provided in subsection (F) of this section. Cost estimates shall be prepared by a licensed engineer and/or other qualified professionals retained by the operator and approved by the planning director. The estimated amount of the
Calimesa Municipal Code
Chapter 18.95 SURFACE MINING AND LAND
RECLAMATION REGULATIONS
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. financial assurance shall be based on an analysis of physical activities necessary to implement the approved reclamation plan, the unit costs for each of these activities, the number of units of each of these activities and the actual administrative costs. Financial assurances to ensure compliance with revegetation, restoration of water bodies, restoration of aquatic or wildlife habitat and any other applicable element of the approved reclamation plan shall be based upon cost estimates that include but may not be limited to labor, equipment, materials, mobilization of equipment, administration and reasonable profit by a commercial operator other than the permittee.
D. In projecting the costs of financial assurances, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned by the operator and, consequently, the city or state may need to contract with a third party commercial company for reclamation of the site.
E. The financial assurances shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed (including any maintenance required) (Public Resources Code Section 2772.1(a)(2)).
F. The amount of financial assurances required of a surface mining operation for any one year shall be adjusted annually to account for new lands disturbed by surface mining operations, inflation and reclamation of lands accomplished in accordance with the approved reclamation plan (Public Resources Code Section 2773.1(a)(3)). The financial assurances shall include estimates to cover reclamation for existing conditions and anticipated activities during the upcoming year, excepting that the permittee may not claim credit for reclamation scheduled for completion during the coming year.
G. Revisions to financial assurances shall be submitted to the planning director each year prior to the anniversary date for approval of the financial assurances. The financial assurance shall cover the cost of including any required interim reclamation. If revisions to the financial assurances are not required, the operator shall explain, in writing, why revisions are not required. [Ord. 95-7 § 2; Code 1990 § 12.11.09.]
18.95.100 Inspections.
The planning department shall arrange for inspection of a surface mining operation within six months of receipt of the annual report required in CMC 18.95.050(H) to determine whether the surface mining operation is in compliance with the approved conditional use permit and/or reclamation plan, approved financial assurances and the state regulations (Public Resources Code Section 2774(b)). In no event shall less than one inspection be conducted in any calendar year. Said inspections may be made by a state-registered geologist, state-registered civil engineer, statelicensed landscape architect, state-registered forester, who is experienced in land reclamation and who has not been employed by the mining operation in any capacity during the previous 12 months, or other qualified specialists, as selected by the planning director and as retained by the city council. All inspections shall be conducted using a form approved and provided by the State Mining and Geology Board. The planning department shall notify the Director of the California Department of Conservation within 30 days of completion of the inspection that the said inspection has been conducted and shall forward a copy of said inspection notice and any supporting documentation to the mining operator. The operator shall be solely responsible for the reasonable cost of such inspection. [Ord. 95-7 § 2; Code 1990 § 12.11.10.]
18.95.110 Interim management plans.
A. Within 90 days of a surface mining operation becoming idle, as defined in this chapter, the operator shall submit to the planning department a proposed interim management plan (“IMP”) (Public Resources Code Section 2770(h)).
The proposed IMP shall fully comply with the requirements of Public Resources Code Section 2770(h) and shall provide measures the operator will implement to maintain the site in compliance with SMARA, including, but not limited to, all conditions of the conditional use permit and/or reclamation plan, and shall not be considered a project for the purposes of environmental review (Public Resources Code Section 2770(h)).
B. Financial assurances for idle operations shall be continued as addressed in the reclamation plan or as otherwise approved through the idle mine’s IMP.
C. Upon receipt of a complete proposed IMP, the planning department shall forward the IMP to the Department of Conservation for review. The IMP shall be submitted to the Department of Conservation at least 45 days prior to approval by the planning commission.
Calimesa Municipal Code
Chapter 18.95 SURFACE MINING AND LAND
RECLAMATION REGULATIONS
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
D. Within 60 days of receipt of the proposed IMP, or a longer period mutually agreed upon by the planning director and the operator, the planning commission shall review and approve or deny the IMP in accordance with this chapter. The operator shall have 30 days or a longer period mutually agreed upon by the operator and the planning director to submit a revised IMP. The planning commission shall approve or deny the revised IMP within 60 days of receipt. If the planning commission denies the revised IMP, the operator may appeal that action to the city council.
E. The IMP may remain in effect for a period not to exceed five years, at which time the planning commission may renew the IMP for another period not to exceed five years or require the surface mining operator to commence reclamation in accordance with its approved reclamation plan. [Ord. 95-7 § 2; Code 1990 § 12.11.11.]
18.95.120 Periodic review.
As a condition of approval for either the conditional use permit or the reclamation plan, a periodic review schedule shall be established to evaluate the compliance with said plan. [Ord. 95-7 § 2; Code 1990 § 12.11.12.]
18.95.130 Time limit for commencement of use of conditional use permit for surface mining operations.
The time limit for commencing a surface mining operation that is permitted pursuant to this chapter shall be as provided in CMC 18.15.050, regulating conditional use permits. [Ord. 95-7 § 2; Code 1990 § 12.11.13.]
18.95.140 Violations and penalties.
If the planning department, based upon an annual inspection or otherwise confirmed by an inspection of the mining operation, determines that a surface mining operation is not in compliance with this chapter, the applicable permit and/or reclamation plan, the city shall follow the procedures set forth in SMARA, Sections 2774.1 and 2774.2, concerning violations and penalties, as well as those provisions of CMC 18.15.050(K) for revocation and/or abandonment of a conditional use permit which are not preempted by SMARA. [Ord. 95-7 § 2; Code 1990 §
12.11.14.]
Calimesa Municipal Code
Chapter 18.100 TRANSPORTATION DEMAND
MANAGEMENT
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
Chapter 18.100
TRANSPORTATION DEMAND MANAGEMENT
Sections:
18.100.010 Findings.
18.100.020 Purpose.
18.100.030 Definitions.
18.100.040 Applicability.
18.100.050 Trip reduction requirements.
18.100.060 Design features.
18.100.070 Trip reduction programs.
18.100.080 Monitoring.
18.100.090 Enforcement.
18.100.100 Fees.
18.100.110 Voluntary motor vehicle trip reduction programs.
18.100.120 Appeals.
18.100.010 Findings.
A. The city council of the city of Calimesa is committed to protecting the health, safety and welfare of the residents of the city of Calimesa. Poor air quality and poor traffic congestion management are detrimental to public health, safety and welfare, and mobile sources throughout the South Coast Air Basin contribute significantly to poor air quality in the city of Calimesa.
B. The South Coast Air Quality Management Plan requires all cities and counties to reduce motor vehicle trips and motor vehicle miles traveled. The Riverside County transportation commission, as the congestion management agency for Riverside County, has established standards for new developments which could employ 100 or more persons. Every city in the county is required by state law to adopt and implement a transportation demand management ordinance which complies with the standards and requirements of the county’s congestion management plan. [Ord. 92-17 § 1; Code 1990 § 9.11.01.]
18.100.020 Purpose.
This chapter is intended to protect the public health, safety and welfare by reducing air pollution and traffic congestion caused by motor vehicle trips and motor vehicle miles traveled and to meet the requirements of Riverside County’s congestion management plan and the Air Quality Management Plan. [Ord. 92-17 § 1; Code 1990 §
9.11.02.]
18.100.030 Definitions.
“Alternate work schedules” means a variation from the traditional five-day, 40-hour work week to either a four-day, 40-hour work week, or a nine-day, 80-hour, two-week work schedule. “Flextime” means allowing employees to determine their own starting and quitting times by either extending the work day during the morning or evening, or both.
“Parking management” means an action taken to alter the supply, operation or demand for parking facilities to force a change from single-occupant motor vehicles to carpool, vanpool or other methods of transportation. “Rideshare” means a method of transporting more than one occupant per motor vehicle. “Telecommuting” means an employee working at home or a satellite office near home rather than the normal place of work. [Ord. 92-17 § 1; Code 1990 § 9.11.03.]
18.100.040 Applicability.
This chapter is applicable to all new development or existing development that could potentially employ 100 or more people based on the following relationship between land use and the gross number of square feet per employee:
Calimesa Municipal Code
Chapter 18.100 TRANSPORTATION DEMAND
MANAGEMENT
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
Land Use Category
Gross Square Feet per
Employee
Retail commercial 500 s.f. per employee
Office and professional 300 s.f. per employee
Industrial and manufacturing 500 s.f. per employee
Warehouse 1,000 s.f. per employee
Hospital 300 s.f. per employee
Hotel and motel 0.5 employees per guest room
Residential (excluding low and
moderate income housing)
100 or more residential units
s.f. = square feet
For mixed use developments, the projected number of employees will be based upon the proportion of the development devoted to each land use. [Ord. 92-17 § 1; Code 1990 § 9.11.04.]
18.100.050 Trip reduction requirements.
A. All proposed developments shall incorporate design features or trip reduction programs, or a combination of design features and trip reduction programs, in their development plans to reduce work-related motor vehicle trips.
The plans shall be sufficient to attain a 12 percent trip reduction from the expected number of trips that would be generated by the project as indicated in the latest edition of the Trip Generation Handbook published by the Institute of Traffic Engineers. Trip reductions shall be calculated by the standards established by the Southern California Association of Governments and the South Coast Air Quality Management District.
B. Design features and trip reduction programs shall be approved prior to the issuance of any permits. Agreements to secure implementation of such design features and trip reduction programs shall become conditions of development and shall be prepared and executed in a form satisfactory for recording in the office of the county recorder of Riverside County as covenants, conditions and restrictions running with the land for the benefit of the city of Calimesa. [Ord. 92-17 § 1; Code 1990 § 9.11.05.]
18.100.060 Design features.
Design features provided pursuant to the provisions of this chapter may include, but are not limited to:
A. Preferential parking for carpool vehicles;
B. Bicycle parking and shower facilities;
C. Information centers for transportation alternatives; D. Rideshare vehicle loading areas;
E. Vanpool vehicle accessibility;
F. Bus stop improvements and turnouts;
G. Walking, hiking and bicycle paths between buildings and linkages between development uses to reduce short vehicle trips;
H. On-site child care facilities;
I. Local transportation system management methods and road improvements;
Calimesa Municipal Code
Chapter 18.100 TRANSPORTATION DEMAND
MANAGEMENT
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
J. Contributions to funds providing regional facilities designed to reduce motor vehicle trips and vehicle miles, such as park-and-ride lots or multimodal transportation centers or to areawide transportation management organizations or educational programs to reduce vehicle trips and miles traveled; K. Facilities to encourage telecommuting;
L. Contributions to support regional facilities designed to reduce vehicle trips and miles traveled; M. On-site amenities such as cafeterias and restaurants, automated teller machines, and other services that would eliminate the need for additional trips. [Ord. 92-17 § 1; Code 1990 § 9.11.06.]
18.100.070 Trip reduction programs.
Any combination of the following programs may be used to achieve the required motor vehicle trip reduction:
A. Alternate Work Schedules and Flextime.
1. For office, professional, industrial, manufacturing and warehouse uses:
a. Incorporate alternate work schedules and flextime. (Adoption of a nine-day, 80-hour, two-week work schedule for all employees would account for a 10 percent reduction in motor vehicle trips.)
2. Hospital:
a. Incorporate alternate work schedules and flextime programs for employees that normally work between the hours of 8:00 a.m. and 5:00 p.m.
B. Telecommuting.
1. For office and professional uses:
a. Office facilities 25,000 square feet or larger may preserve five percent of the gross floor area for telecommuting purposes to allow tenants with multiple facilities to establish satellite work centers. b. Establish telecommuting or work-at-home programs to allow employees to work at home or a satellite work center either one day per week or one day every two weeks. c. Through the telecommuting or work-at-home program, provide incentives or offset employee costs in acquiring the needed equipment and supplies for telecommuting.
2. All other uses:
a. Establish telecommuting or work-at-home programs for selected employees (i.e., certain clerical and administrative employees).
C. Bicycle Facilities.
1. All uses:
a. Provide bicycle parking facilities equal to five percent of the total required automobile parking spaces. b. Preserve two percent of the gross floor area for employee locker and shower facilities.
D. Parking Management.
1. Office and professional uses:
a. Designate, with signs in lieu of painted pavement, 75 percent of required employee parking.
2. Commercial retail uses:
Calimesa Municipal Code
Chapter 18.100 TRANSPORTATION DEMAND
MANAGEMENT
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. a. Designate, with signs in lieu of painted pavement, 80 percent of required employee parking.
3. Industrial, manufacturing and warehouse uses:
a. Designate, with signs in lieu of painted pavement, 80 percent of required employee parking.
4. Hospital uses:
a. Designate, with signs in lieu of painted pavement, 70 percent of required employee parking.
5. All uses:
a. Designate, with signs in lieu of painted pavement, 25 percent of employee parking for carpools and vanpools.
b. Offer financial or other incentives to employees who participate in ridesharing or methods of transportation other than single-occupant motor vehicles. c. Establish a parking surcharge on single-occupant motor vehicles.
E. Mass Transit.
1. All uses:
a. Provide incentives for employees to use mass transit facilities. Incentives could include providing employees with mass transit passes, additional pay, flextime, or any other incentives which encourage employees to use mass transit facilities rather than single-occupant motor vehicles.
F. Truck Dispatching, Rescheduling and Rerouting.
1. Commercial and industrial uses:
a. Establish delivery schedules and truck routing to avoid congested areas and minimize peak hour travel. [Ord. 92-17 § 1; Code 1990 § 9.11.07.]
18.100.080 Monitoring.
The city shall monitor new developments for compliance with the conditions of development, the motor vehicle trip reduction components of the approved development plan and the provisions of this chapter as it may deem reasonable and necessary. Monitoring may include, but is not limited to:
A. Annual program review;
B. Field inspections of the development;
C. Other building site reports and surveys which the city may deem appropriate. [Ord. 92-17 § 1; Code 1990 §
9.11.08.]
18.100.090 Enforcement.
The city shall have the right to pursue every available remedy at law or in equity for any failure to comply with the conditions of development, the motor vehicle trip reduction components of the approved development plan, the provisions of this chapter, or any breach of the covenants, conditions and restrictions recorded in connection with the development agreement. In addition, violations of this chapter may be punished as misdemeanors as provided in Chapter 1.20 CMC (commencing with CMC 1.20.010). [Ord. 92-17 § 1; Code 1990 § 9.11.09.]
18.100.100 Fees.
A fee, in an amount set by resolution of the city council, shall be paid at the time of the initial project application for review of the motor vehicle trip reduction component of the development plan. In addition, an annual review fee, set
Calimesa Municipal Code
Chapter 18.100 TRANSPORTATION DEMAND
MANAGEMENT
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. by resolution of the city council, shall be paid with the annual business license renewal fee. [Ord. 92-17 § 1; Code 1990 § 9.11.10.]
18.100.110 Voluntary motor vehicle trip reduction programs.
A. Employers who employ less than 100 people will be encouraged by the city to submit trip reduction programs on a voluntary basis to achieve an overall trip reduction within the city of 12 percent.
B. The city manager shall be responsible for developing effective incentives which promote voluntary programs to reduce motor vehicle trips and miles traveled.
C. The city of Calimesa will implement an alternate work schedule for all city employees consisting of a nine-day, 80-hour, two-week work schedule. To assure optimum service to the public, half of the city staff shall report for work every other Friday and the other half shall report for work on the alternate Fridays. [Ord. 92-17 § 1; Code 1990 § 9.11.11.]
18.100.120 Appeals.
Any person aggrieved by an administrative action, or any action of the planning commission, under this chapter may appeal such action to the city council. A written notice of appeal concisely stating the facts of the case and the grounds of the appeal shall be filed with the city clerk within 30 days of the action appealed from. Within 10 days, the city manager shall estimate the cost of the appeal, including all direct and indirect costs, and notify the appellant of the estimated cost. Appellant shall pay the estimated cost of the appeal to the city clerk within 30 days. Upon receipt of payment of the estimated cost of the appeal, the city clerk shall set the matter for hearing within 30 days at a regular meeting of the city council, and shall give appellant notice of the time and place of the hearing at least five days before the hearing. The decision of the city council, after the appellant has had the opportunity to be heard, shall be final. [Ord. 92-17 § 1; Code 1990 § 9.11.12.]
Calimesa Municipal Code
Chapter 18.105 WESTERN RIVERSIDE COUNTY
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
Chapter 18.105
WESTERN RIVERSIDE COUNTY TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM1
Calimesa Municipal Code
TRANSPORTATION UNIFORM MITIGATION FEE
PROGRAM
The Calimesa Municipal Code is current through Ordinance 403, passed June 3, 2024.
Sections:
18.105.010 Title.
18.105.020 Definitions.
18.105.030 Establishment of the transportation uniform mitigation fee.
18.105.040 Reimbursements.
18.105.050 Procedures for the levy, collection and disposition of fees.
18.105.060 Appointment of the TUMF administrator.
18.105.070 Effect.
Calimesa Municipal Code
Chapter 18.105 WESTERN RIVERSIDE COUNTY
The Calimesa Municipal Code is current through Ordinance 403, passed June 3, 2024.
Chapter 18.105
WESTERN RIVERSIDE COUNTY
Calimesa Municipal Code
TRANSPORTATION UNIFORM MITIGATION FEE
PROGRAM
The Calimesa Municipal Code is current through Ordinance 403, passed June 3, 2024.
TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM1
Sections:
18.105.010 Title.
18.105.020 Definitions.
18.105.030 Establishment of the transportation uniform mitigation fee.
18.105.040 Reimbursements.
18.105.050 Procedures for the levy, collection and disposition of fees.
18.105.060 Appointment of the TUMF administrator.
18.105.070 Effect.
18.105.010 Title.
This chapter shall be known as the “Western Riverside County Transportation Uniform Mitigation Fee Program Ordinance of 2019.” [Ord. 362 § 3, 2019; Ord. 351 § 2, 2017; Ord. 302 § 2, 2009; Ord. 244 § 1, 2006.]
18.105.020 Definitions.
For the purpose of this chapter, the following words, terms and phrases shall have the following meanings:
A. “Class ‘A’ office” means an office building that is typically characterized by high quality design, use of high end building materials, state of the art technology for voice and data, on-site support services/maintenance, and often includes full service ancillary uses such as, but not limited to, a bank, restaurant/office coffee shop, health club, printing shop, and reserved parking. The minimum requirements of an office building classified as Class “A” office shall be as follows: (1) minimum of three stories (exception will be made for March JPA, where height requirements exist); (2) minimum of 10,000 square feet per floor; (3) steel frame construction; (4) central, interior lobby; and (5) access to suites shall be from inside the building unless the building is located in a central business district with major foot traffic, in which case the first floor may be accessed from the street to provide entrances/exits for commercial uses within the building.
B. “Class ‘B’ office” means an office building that is typically characterized by high quality design, use of high end building materials, state of the art technology for voice and data, onsite support services/maintenance, and often includes full service ancillary uses such as, but not limited to, a bank, restaurant/office coffee shop, health club, printing shop, and reserved parking. The minimum requirements of an office building classified as Class “B” office shall be as follows: (1) minimum of two stories; (2) minimum of 15,000 square feet per floor; (3) steel frame, concrete or masonry shell construction; (4) central, interior lobby; and (5) access to suites shall be from inside the building unless the building is located in a central business district with major foot traffic, in which case the first floor may be accessed from the street to provide entrances/exits for commercial uses within the building.
C. “Development project” or “project” means any project undertaken for the purposes of development, including the issuance of a permit for construction.
D. “Disabled veteran” means any veteran who is retired or is in process of medical retirement from military service who is or was severely injured in a theater of combat operations and has received a letter of eligibility for the Veterans Administration Specially Adapted Housing (SAH) Grant Program.
E. “Government/public buildings, public schools, and public facilities” mean any owned and operated facilities by a government entity in accordance with CMC 18.105.030(F)(2). A new development that is subject to a long-term lease with a government agency for government/public buildings, public schools, and public facilities shall apply only if all of the following conditions are met:
1. The new development being constructed is subject to a long-term lease with a government agency.
2. The project shall have a deed restriction placed on the property that limits the use to government/public facility for the term of the lease, including all extension options, for a period of not less than 20 years. Any change in the use of the facility from government shall trigger the payment of the TUMF in effect at the time the change is made.
Calimesa Municipal Code
TRANSPORTATION UNIFORM MITIGATION FEE
PROGRAM
The Calimesa Municipal Code is current through Ordinance 403, passed June 3, 2024.
3. No less than 90 percent of the total square footage of the building is leased to the government agency during the term of deed restriction in the long term and any extensions thereof.
4. The new development is constructed at prevailing wage rates.
5. A copy of the lease is provided to the applicable jurisdiction and to WRCOG.
6. Based on the facts and circumstances WRCOG determines that the intent of the lease is to provide for a longterm government use, and not to evade payment of TUMF.
F. “Gross acreage” means the total property area as shown on a land division of a map of record or described through a recorded legal description of the property. This area shall be bounded by road rights-of-way and property lines.
G. “Guest dwellings” and “detached accessory dwelling units” mean, according to the state of California legal definition, as follows: (1) the accessory dwelling unit is not intended for sale and may be rented; (2) the lot is zoned for single-family dwellings; (3) the lot contains an existing single-family dwelling; (4) the accessory dwelling unit is either attached to the existing dwelling and located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling; and (5) are ministerially amended by each jurisdiction’s local codes.
H. “Habitable structure” means any structure or part thereof where persons reside, congregate or work and which is legally occupied in whole or part in accordance with applicable building codes, and state and local laws.
I. “Industrial project” means any development project that proposes any industrial or manufacturing use allowed in CMC Title 18 zoning classification L-I (light industrial), B-P (business park) or S-P (specific plan) with one of the aforementioned zones used as the base zone.
J. “Long-term lease,” as used in the TUMF program, means a lease with a term of no less than 20 years.
K. “Low-income residential housing” means “residential affordable units” for:
1. Rental housing, in which the units shall be made available, rented and restricted to “lower income households” (as defined in Health and Safety Code Section 50079.5) at an “affordable rent” (as defined in Health and Safety Code Section 50053). Affordable units that are rental housing shall be made available, rented, and restricted to lower income households at an affordable rent for a period of at least 55 years after the issuance of a certificate of occupancy for new residential development.
2. For-sale housing, in which the units shall be sold to “persons or families of low or moderate income” (as defined in Health and Safety Code Section 50093) at a purchase price that will not cause the purchaser’s monthly housing cost to exceed “affordable housing cost” (as defined in Health and Safety Code Section 50052.5). Affordable units that are for-sale housing units shall be restricted to ownership by persons and families of low or moderate income for at least 45 years after the issuance of a certificate of occupancy for the new residential development.
L. “Mixed-use development,” as used in the TUMF program, means developments with the following criteria: (1) three or more significant revenue-producing uses, and (2) significant physical and functional integration of project components.
M. “Multifamily residential unit” means a development project that has a density of greater than eight residential dwelling units per gross acre.
N. “Nonprofit organization” means an organization operated exclusively for exempt purposes set forth in Section 501(c)(3) of the Internal Revenue Code, and none of its earnings may inure to any private shareholder or individual.
In addition, it may not be an action organization, i.e., it may not attempt to influence legislation as a substantial port of its activities and it may not participate in any campaign activity for or against political candidates. For the purposes of the TUMF program, the nonprofit may be a 501(c)(3) charitable organization as defined by the Internal Revenue Service.
Calimesa Municipal Code
TRANSPORTATION UNIFORM MITIGATION FEE
PROGRAM
The Calimesa Municipal Code is current through Ordinance 403, passed June 3, 2024.
O. “Nonresidential unit” means retail commercial, service commercial and industrial development which is designed primarily for nondwelling use but shall include hotels and motels.
P. “Recognized financing district” means a financing district as defined in the TUMF administrative plan as may be amended from time to time.
Q. “Residential dwelling unit” means a building or portion thereof used by one family and containing but one kitchen, which is designed primarily for residential occupancy including single-family and multifamily dwellings. “Residential dwelling unit” shall not include hotels or motels.
R. “Retail commercial project” means any development project that proposes any commercial use not defined as a service commercial project allowed in the following CMC Title 18 zoning classifications: C-N (neighborhood commercial), C-C (community commercial), C-R (regional commercial), O-P (office professional) or S-P (specific plan) with one of the aforementioned zones used as the base zone.
S. “Service commercial project” means any development project that is predominantly dedicated to business activities associated with professional or administrative services, and typically consists of corporate offices, financial institutions, legal and medical offices, eating/dining facilities, and other uses related to personal or professional services.
T. “Single-family residential unit” means each residential dwelling unit in a development that has a density of eight units to the gross acre or less.
U. “TUMF administrative plan” means that the TUMF administration plan adopted by the WRCOG execution committee on May 5, 2003, as amended, setting forth detailed administration procedures and requirements for the TUMF program.
V. “TUMF participating jurisdiction” means a jurisdiction in Western Riverside County which has adopted and implemented an ordinance authorizing participation in the TUMF program and complies with all regulations established in the TUMF administrative plan, as adopted and amended from time to time by the WRCOG. [Ord. 362 § 3, 2019; Ord. 357 § 11, 2018; Ord. 351 § 2, 2017; Ord. 330 § 3, 2014; Ord. 302 § 2, 2009; Ord. 244 § 3, 2006.]
18.105.030 Establishment of the transportation uniform mitigation fee.
A. Adoption of TUMF Schedule. The city council shall adopt an applicable TUMF schedule through a separate resolution, which may be amended from time to time.
B. Fee Calculation. The fees shall be calculated by WRCOG according to the calculation methodology fee set forth in the WRCOG TUMF Fee Calculation Handbook adopted July 14, 2003, as amended from time to time. In addition to data in the Fee Calculation Handbook, WRCOG staff may consider the following items when establishing the appropriate fee calculation methodology:
1. Underlying zoning of the site.
2. Land-use classifications in the latest nexus study.
3. Project-specific traffic studies.
4. Latest standardized reference manuals such as the Institute of Traffic Engineers Trip Generation Manual.
5. Previous TUMF calculations for similar uses.
6. WRCOG staff shall approve final draft credit/reimbursement agreement prior to execution.
WRCOG shall have final determination regarding the appropriate methodology to calculate the fee based on the information provided by the city. In case of a conflict between the applicant, WRCOG, and/or the city regarding the fee calculation methodology, the dispute resolution process in the TUMF administrative plan will apply.
Calimesa Municipal Code
TRANSPORTATION UNIFORM MITIGATION FEE
PROGRAM
The Calimesa Municipal Code is current through Ordinance 403, passed June 3, 2024.
C. Fee Adjustment. The fee schedule may be periodically reviewed and the amounts adjusted by the WRCOG executive committee. By amendment to the resolution referenced in subsection (A) of this section, the fees may be increased or decreased to reflect the changes in actual and estimated costs of the regional system including, but not limited to, debt service, lease payments and construction costs. The adjustment of the fees may also reflect changes in the facilities required to be constructed, in estimated revenues received pursuant to this chapter, as well as the availability or lack thereof of other funds with which to construct the regional system. WRCOG shall review the TUMF program no less than every four years after the effective date of this chapter.
D. Purpose. The purpose of the TUMF is to fund those certain improvements to the regional system as depicted in Exhibit “A” of the ordinance codified in this chapter and identified in the 2016 nexus study, Exhibit “B” of the ordinance codified in this chapter.
E. Applicability. The TUMF shall apply to all new development within the city, unless otherwise exempt hereunder.
F. Exemptions. The following types of new development shall be exempt from the provisions of this chapter and the TUMF administrative plan:
1. Low-income residential housing as described in CMC 18.105.020(K) and in the TUMF administrative plan.
2. Government/public buildings, public schools, and public facilities as described in CMC 18.105.020(E) and in the TUMF administrative plan. Airports that are public use airports and are appropriately permitted by Caltrans or other state agency.
3. Development projects which are the subject of a public facilities development agreement entered into pursuant to Government Code Section 65864 et seq., prior to the effective date of Ordinance No. 204, wherein the imposition of new fees are expressly prohibited; provided, that if the term of such a development agreement is extended by amendment or by any other manner after the effective date of Ordinance No. 204, the TUMF shall be imposed.
4. The rehabilitation and/or reconstruction of any habitable structure in use on or after January 1, 2000; provided, that the same or fewer traffic trips are generated as a result thereof.
5. Guest dwellings and detached accessory dwelling units as described in CMC 18.105.020(G) and in the administrative plan.
6. Kennels and catteries established in connection with an existing single-family residential unit.
7. Any sanctuary, or other activity under the same roof of a church or other house of worship that is not revenue generating and is eligible for a property tax exemption (excluding concert venues, coffee/snack shops, book stores, for-profit pre-school day cares, etc., which would be assessed TUMF).
8. Any nonprofit corporation or nonprofit organization offering and conducting full-time day school at the elementary, middle school or high school level for students between the ages of five and 18 years.
9. New single-family homes, constructed by nonprofit organizations, specially adapted and designed for maximum freedom of movement and independent living for qualified disabled veterans.
10. Other uses may be exempt as determined by the WRCOG executive committee as further defined in the TUMF administrative plan.
G. Credit. Regional system improvements may be credited toward the TUMF in accordance with the TUMF administrative plan and the following:
1. Regional Tier.
a. Arterial Credits. If a developer constructs arterial improvements identified on the regional system, the developer shall receive credit for all costs associated with the arterial component based on approved nexus
Calimesa Municipal Code
TRANSPORTATION UNIFORM MITIGATION FEE
PROGRAM
The Calimesa Municipal Code is current through Ordinance 403, passed June 3, 2024. study for the regional system effective at the time the credit agreement is entered into. WRCOG staff must preapprove any credit agreements that deviate from the standard WRCOG-approved format. b. Other Credits. In special circumstances, when a developer constructs off-site improvements such as an interchange, bridge, or railroad grade separation, credits shall be determined by WRCOG and the city in consultation with the developer. All such credits must have prior written approval from WRCOG. c. The amount of the development fee credit shall not exceed the maximum amount determined by the nexus study for the regional system at the time the credit agreement is entered into or actual costs, whichever is less.
2. Local Tier.
a. The local jurisdictions shall compare facilities in local fee programs against the regional system and eliminate any overlap in its local fee program except where there is a recognized financing district that has been established.
b. If there is a recognized financing district established, the city may credit that portion of the facility identified in both programs against the TUMF in accordance with the TUMF administrative plan. [Ord. 362 § 3, 2019; Ord. 357 § 12, 2018; Ord. 351 § 2, 2017; Ord. 330 § 4, 2014; Ord. 302 § 2, 2009; Ord. 244 § 4, 2006.]
18.105.040 Reimbursements.
Should the developer construct regional system improvements in excess of the TUMF fee obligation, the developer may be reimbursed based on actual costs or the approved nexus study effective at the time the agreement was entered into, whichever is less. Reimbursements shall be enacted through an agreement between the developer and the city, contingent on funds being available and approved by WRCOG. In all cases, however, reimbursements under such special agreements must coincide with construction of the transportation improvements as scheduled in the five-year zone transportation improvement programs adopted annually by WRCOG. [Ord. 362 § 3, 2019; Ord. 351 § 2, 2017; Ord. 302 § 2, 2009; Ord. 244 § 5, 2006.]
18.105.050 Procedures for the levy, collection and disposition of fees.
A. Authority of the Building Department. The director of building and safety, or his/her designee, is hereby authorized to provide WRCOG with development project specifics for the calculation of fees in a manner consistent with the TUMF administrative plan.
B. Payment. Payment of the fees shall be as follows:
1. All fees collected hereunder shall be collected by WRCOG for deposit, investment, accounting and expenditure in accordance with the provisions of this chapter, TUMF administrative plan, and the mitigation fee act.
2. The fees shall be paid at the time a certificate of occupancy is issued for the development project or upon final inspection, whichever comes first (the “payment date”). However, this section should not be construed to prevent payment of the fees prior to issuance of an occupancy permit or final inspection. Fees may be paid at the issuance of a building permit, and the fee payment shall be calculated based on the fee in effect at that time, provided the developer tenders the full amount of his/her TUMF obligation. If the developer makes only a partial payment prior to the payment date, the amount of the fee due shall be based on the TUMF fee schedule in place on the payment date. The fees shall be calculated according to the fee schedule set forth in the ordinance and the calculation methodology set forth in the Fee Calculation Handbook adopted July 14, 2003, as amended from time to time.
3. The fees required to be paid shall be the fee amounts in effect at the time payment is due under this chapter, not the date the ordinance codified in this chapter was initially adopted. The city shall not enter into a development agreement which freezes future adjustments of the TUMF.
Calimesa Municipal Code
TRANSPORTATION UNIFORM MITIGATION FEE
PROGRAM
The Calimesa Municipal Code is current through Ordinance 403, passed June 3, 2024.
4. If all or part of any development project is sold prior to payment of the fee, the property shall continue to be subject to the requirement for payment of the fee. The obligation to pay the fee shall run with the land and be binding on all the successors in interest to the property.
5. Fees shall not be waived.
C. Issuance of Certificate of Occupancy. The city shall not issue a certificate of occupancy for any development project until WRCOG has provided written evidence that it has collected the fee.
D. Appeals. Appeals shall be filed with WRCOG in accordance with the provisions of the TUMF administrative plan. Appealable issues shall be the application of the fee, application of credits, application of reimbursement, application of the legal action stay and application of exemption.
E. Reports to WRCOG. The city manager, or his/her designee, shall prepare and deliver to the executive director of WRCOG periodic reports as will be established under CMC 18.105.060. [Ord. 362 § 3, 2019; Ord. 351 § 2, 2017; Ord. 302 § 2, 2009; Ord. 244 § 6, 2006.]
18.105.060 Appointment of the TUMF administrator.
WRCOG is hereby appointed as the administrator of the transportation uniform mitigation fee program. WRCOG is hereby authorized to collect all fees generated from the TUMF within the city, and to invest, account for and expend such fees in accordance with the provisions of this chapter and the Mitigation Fee Act. The detailed administrative procedures concerning the implementation of this chapter shall be contained in the TUMF administrative plan.
Furthermore, the TUMF administrator shall use the Fee Calculation Handbook adopted July 14, 2003, as amended from time to time, for the purpose of calculating a developer’s TUMF obligation. In addition to detailing the methodology for calculating all TUMF obligations of different categories of new development, the purpose of the Fee Calculation Handbook is to clarify for the TUMF administrator, where necessary, the definition and calculation methodology for uses not clearly defined in the respective TUMF ordinances.
WRCOG shall expend only that amount of the funds generated from the TUMF for staff support, audit, administrative expenses, and contract services that are necessary and reasonable to carry out its responsibilities and in no case shall the funds expended for salaries and benefits exceed one percent of the revenue raised by the TUMF program. The TUMF administrative plan further outlines the fiscal responsibilities and limitations of the administrator. [Ord. 362 § 3, 2019; Ord. 351 § 2, 2017; Ord. 302 § 2, 2009; Ord. 244 § 7, 2006.]
18.105.070 Effect.
No provisions of this chapter shall entitle any person who has already paid the TUMF to receive a refund, credit or reimbursement of such payment. This chapter does not create any new TUMF. [Ord. 362 § 3, 2019; Ord. 351 § 2, 2017; Ord. 302 § 2, 2009.]
1 Prior legislation: Ords. 204 and 231 and prior code §§ 6.15.01 through 6.15.06.
Calimesa Municipal Code
Chapter 18.110 PARK DEVELOPMENT AND
RECREATIONAL FACILITIES MITIGATION FEES
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
Chapter 18.110
PARK DEVELOPMENT AND RECREATIONAL FACILITIES MITIGATION FEES Sections:
18.110.010 Findings.
18.110.020 Purpose.
18.110.030 Area to be benefited and amount of fees.
18.110.040 Exemptions.
18.110.050 Limited use of fees.
18.110.060 Fee adjustments.
18.110.010 Findings.
The city council of the city of Calimesa hereby finds and declares that:
A. It is the responsibility of this city to provide and to encourage provisions for recreational opportunities and facilities for all people within this city.
B. When there is proper planning and development, parks, recreation areas, recreational facilities, and historical resource preservation projects contribute not only to a healthy physical and moral environment, but also contribute to the economic betterment of the city, and therefore, it is in the public interest for the city to acquire, develop, or restore areas for recreation, conservation and preservation.
C. The demand for parks, recreation areas, recreational facilities and historical preservation projects is greater than what is presently available.
D. Multifamily residential projects, apartment projects, and other residential construction not subject to the fees specified in Section 66477 of the California Government Code, as well as commercial and industrial construction, create a need for parks, recreation areas, recreational facilities and historical preservation projects equal to or greater than residential subdivisions because of their higher population density and use. [Ord. 91-35; Code 1990 § 6.11.01.]
18.110.020 Purpose.
In order to implement the goals and objections of the proposed general plan of the city and to mitigate the impact caused by new construction or reconstruction, not subject to the fees specified in Section 66477 of the California Government Code, upon parks, recreation areas, recreational facilities, and historical resource preservation projects, new parks, recreation areas, recreational facilities and historical preservation sites must be acquired, constructed and maintained. The city council has determined that park development and recreational facility mitigation fees are needed to finance such acquisitions, construction and maintenance, and pursuant to Section 66018 of the California Government Code held a public hearing which allowed for oral or written presentations to be made, as part of a regularly scheduled city council meeting on November 12, 1991. [Ord. 91-35; Code 1990 § 6.11.02.]
18.110.030 Area to be benefited and amount of fees.
Park development and recreational facility mitigation fees are hereby authorized and the fees established pursuant to this chapter shall be applicable to any project requiring the issuance of a permit for construction or reconstruction which is not subject to the fees specified in Section 66477 of the California Government Code (Quimby Fees). The city council shall, in a council resolution, set forth the specific amount of the fees to be imposed. The resolution shall refer to this chapter and may refer to the park and recreation master plan established for the former County Service Area 74 to establish the reasonable relationship between the fee thus established and the various types of new development. As described in the fee resolution, the park development and recreational facilities mitigation fee shall be paid by each applicant for a building permit, either prior to the issuance of a building permit or prior to the issuance of a certificate of occupancy for commercial, industrial or residential dwelling units. The city council shall, on an annual basis, review these fees to determine whether the fee amounts are reasonably related to the impacts of development and whether the park development and recreational facility mitigation fees are still needed. [Ord. 91- 35; Code 1990 § 6.11.03.]
Calimesa Municipal Code
Chapter 18.110 PARK DEVELOPMENT AND
RECREATIONAL FACILITIES MITIGATION FEES
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
18.110.040 Exemptions.
No fee provided for in this chapter shall be applicable to the reconstruction of any residential, commercial or industrial development project that is damaged or destroyed as a result of a natural disaster. Any reconstruction of real property, or portion thereof, which is not substantially equivalent to the damaged or destroyed property, shall be deemed to be new construction and only that portion which exceeds substantially equivalent construction may be assessed a fee. The term “substantially equivalent,” as used in this section, shall have the same meaning as the term in subdivision (c) of Section 70 of the California Revenue and Taxation Code. [Ord. 91-35; Code 1990 § 6.11.04.]
18.110.050 Limited use of fees.
The revenue raised by the payment of the fees provided for in this chapter shall be placed in a separate and special account and such revenues, along with any interest earnings on that account, except for temporary investments, shall be used solely for the planning, acquisition, development, construction and maintenance of parks, recreation areas, recreational facilities and historical resource preservation projects. [Ord. 91-35; Code 1990 § 6.11.05.]
18.110.060 Fee adjustments.
Any applicant for a building permit subject to the fees described in this chapter may apply to the city council for a reduction or adjustment of that fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the fee or fees and the impact of that development and the amount of the fee charged. The application shall be made in writing and filed with the city clerk not later than:
A. Ten days prior to the public hearing on the development permit application for the project; or B. If no development permit is required, then the time for application shall be no later than 10 days prior to the application for a building permit.
C. The application shall state in detail the factual basis for the claim of waiver, reduction or adjustment. The city council shall consider the application at the public hearing on the application for the building permit or at a separate hearing held within 60 days after the filing of the fee of the application for the adjustment, whichever is later. The decision of the city council shall be final. If a reduction, adjustment or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee. [Ord. 91-35; Code 1990 § 6.11.06.]
Calimesa Municipal Code
Chapter 18.115 DEVELOPMENT IMPACT FEES
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
Chapter 18.115
DEVELOPMENT IMPACT FEES
Sections:
18.115.010 Findings, purpose and intent.
18.115.020 Definitions.
18.115.030 Establishment of development impact fees and providing for their adoption by resolution.
18.115.040 Automatic adjustment of fees.
18.115.050 Increase by resolution.
18.115.060 Creation of special accounts.
18.115.070 General plan land use to compute fee.
18.115.080 Payment of fees.
18.115.090 Exemptions established by resolution.
18.115.100 Discretionary fee adjustments.
18.115.110 Developer construction of capital facilities.
18.115.010 Findings, purpose and intent.
The city council finds and determines as follows:
A. That the cost of providing public facilities occasioned by development projects within the city far exceeds the revenue generated by fees exacted from said development projects.
B. Development impact fees are charged to developers in connection with both residential and nonresidential developments, to mitigate the costs associated with additional capital and infrastructure needs attributed to new development.
C. The purpose of this chapter is to provide the mechanism by which the city council will establish, adjust and collect the development impact fees which are imposed on new development, to mitigate the impacts of new development, and that the adoption and implementation of a schedule of development impact fees be in all ways consistent with the requirements of the law, including, without limitation, the California Constitution, and the provisions of Government Code Section 66000 et seq. (the “Mitigation Fee Act”).
D. The development impact fees authorized by this chapter are based upon the costs which are generated through the need for new facilities and other capital acquisition costs required, incrementally, by new development projects within the city.
E. The development impact fees authorized by this chapter shall not exceed the reasonable cost of providing the capital and infrastructure needs attributed to new residential and nonresidential development in the city.
F. The fees established pursuant to this chapter shall relate rationally to the reasonable cost of providing public capital and infrastructure needs occasioned by development projects within the city, which capital and infrastructure needs and development projects shall be consistent with the city’s adopted comprehensive general plan.
G. The fees authorized by this chapter shall be consistent with the goals and objectives of the city’s comprehensive general plan and shall be designed to mitigate the impacts caused by new development throughout the city. The development impact fees established herein are necessary in order to finance capital and infrastructure improvements and to provide new development’s fair share of the construction and/or acquisition costs of these improvements.
H. Imposition of development impact fees to finance public facilities and service improvements, including police and fire protection capital and facilities needs, is necessary in order to protect the public safety and welfare.
I. In establishing and adjusting the development impact fees adopted pursuant to this chapter, it is the intent and goal of the city council that, unless otherwise specifically provided in the enacting resolution, the development impact
Calimesa Municipal Code
Chapter 18.115 DEVELOPMENT IMPACT FEES
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. fees reflect the reasonable cost of providing the capital facilities and infrastructure necessitated by new development in the city. [Ord. 260 § 1, 2007; Code 1990 § 6.7.01.]
18.115.020 Definitions.
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings ascribed to them in Government Code Section 66000:
“Development project” shall be defined in accordance with Government Code Section 66000(a). The term “development project” shall also include, without limitation, the erection or installation of manufactured housing or structures, and structures moved into the city.
“Fee” shall be defined in accordance with Government Code Section 66000(b). “Public facilities” shall be defined in accordance with Government Code Section 66000(d). [Ord. 260 § 1, 2007; Code 1990 § 6.7.02.]
18.115.030 Establishment of development impact fees and providing for their adoption by resolution.
A. A development impact fee is hereby authorized on the issuance of all building permits or other initial entitlement of use within the city, to finance the cost of public facilities and improvements required as a result of new development.
B. The city council shall, by resolution, set forth the specific amount of the development impact fees, describe the benefit and impact area on which the fees are imposed, list the specific public improvements to be financed, describe the estimated cost of these facilities and the reasonable relationship between the fees and the various types of new development on which the fees are imposed, and set forth the time and terms of payment of the fees.
C. On an annual basis, the city council shall review the development impact fees to determine whether the fee amounts are reasonably related to the impacts of development and whether the described public facilities are still needed. [Ord. 260 § 1, 2007; Code 1990 § 6.7.03.]
18.115.040 Automatic adjustment of fees.
Each fee authorized by this chapter shall be adjusted automatically on July 1st of each year, beginning July 1, 2007, by a percentage equal to the McGraw-Hill Construction Index for Southern California for the preceding 12 months.
This automatic adjustment shall not apply to fees which are based on variable factors, which result in automatic adjustments or those which specifically indicate otherwise. [Ord. 260 § 1, 2007; Code 1990 § 6.7.04.]
18.115.050 Increase by resolution.
The amount of each fee authorized pursuant to this chapter may be more specifically set and revised periodically by resolution of the city council, with this section being considered as enabling and directive. [Ord. 260 § 1, 2007; Code 1990 § 6.7.05.]
18.115.060 Creation of special accounts.
Each development impact fee collected pursuant to this chapter shall be deposited in a special account created to hold the revenue generated by each such fee. Monies within each such account may be expended only by appropriation by the city council for specific projects, which are of the same category as that for which the fee was collected. [Ord. 260 § 1, 2007; Code 1990 § 6.7.06.]
18.115.070 General plan land use to compute fee.
The approved comprehensive general plan land use designation for the property to be developed shall be used in the computation of the development impact fees required to be paid by any development project or property. If a parcel contains more than one land use, then the applicable fees shall be prorated by acreage or square footage attributable to each land use. Public properties shall be classified into the category of use as between residential, commercial or industrial, and shall pay the fee pursuant to that classification, as determined by the director of community development. [Ord. 260 § 1, 2007; Code 1990 § 6.7.07.]
Calimesa Municipal Code
Chapter 18.115 DEVELOPMENT IMPACT FEES
The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.
18.115.080 Payment of fees.
A. The development impact fees authorized pursuant to this chapter shall be paid for the property on which a development project is proposed at the time of application for any required permit.
B. The fees created pursuant to this chapter shall be calculated on the basis of net acreage or square footage, as determined in the city’s study or report, which forms the basis and justification for the fees. [Ord. 260 § 1, 2007; Code 1990 § 6.7.08.]
18.115.090 Exemptions established by resolution.
The city council shall, by resolution, set forth any exemptions to the development impact fee authorized by this chapter. These exemptions may be reviewed from time to time, and may be revised periodically by resolution of the city council to conform with the law or city policy, with this section being considered enabling and directive. [Ord. 260 § 1, 2007; Code 1990 § 6.7.09.]
18.115.100 Discretionary fee adjustments.
A. The developer of a project subject to the development impact fees established pursuant to this chapter may apply to the city council for a reduction or adjustment to the fee(s), or a waiver of the fee(s), based upon the lack of any reasonable relationship or nexus between the impacts of that development and the amount of the fee charged or the type of facilities to be financed. The application shall be made in writing as follows:
1. Filed with the city clerk not later than 10 days prior to the public hearing on the development permit application for the project; or
2. If no development permit or public hearing is required, at the time of the filing of the request for a building or other applicable use permit.
B. The application shall state in detail the factual basis for the claim of waiver, reduction or adjustment. The city council shall consider the application at the public hearing on the permit application, or at a separate hearing held within 60 days after the filing of the fee adjustment application, whichever is later. The decision of the city council shall be final. If a reduction, adjustment or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee.
C. The city council may, from time to time, as the need may arise, and in the city council’s discretion, set forth, by council resolution, specific limitations which will apply to reductions, adjustments, waivers or deferrals of development impact fees which may be made pursuant to his section. [Ord. 260 § 1, 2007; Code 1990 § 6.7.10.]
18.115.110 Developer construction of capital facilities.
Whenever a developer is or has been required, as a condition of approval of a development permit, to construct a public facility which is the subject of this chapter, and which facility is determined by the city council to have supplemental size, length or capacity over that needed for the impact of that development, and when such construction is necessary to ensure efficient and timely construction of the city’s capital facilities network, a reimbursement and/or development impact fee credit agreement shall be offered. The reimbursement amount shall not include the portion of the improvement needed to provide services or mitigate the need for the facility or the burdens created by the development project. The specific procedures for reimbursement and/or credit agreements shall be adopted by resolution of the city council, with this section being considered as enabling and directive. [Ord. 260 § 1, 2007; Code 1990 § 6.7.11.]