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Agenda packet

Calimesa City Council
February 2, 2026

Document
Agenda packet
Meeting
February 2, 2026
Body
Calimesa City Council
Pages
545
Original file
24.1 MB
Text extracted from the city's file for reading and search. Open the original on calimesaca.api.civicclerk.com. That file is the official record.

Calimesa Municipal Code
Chapter 18.120 OUTDOOR LIGHTING

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The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.

Chapter 18.120

OUTDOOR LIGHTING
Sections:

18.120.010 Purpose and intent.

18.120.020 Definitions.

18.120.030 Exempt lighting.

18.120.040 Prohibited lighting.

18.120.050 Nonconforming lighting.

18.120.060 Lighting plan required.

18.120.070 Performance standards applicable in all lighting zones.

18.120.080 Lighting in the residential lighting zone.

18.120.090 Lighting in the commercial/industrial zone.

18.120.100 Lighting in the open space zone.

18.120.110 Lighting for special uses.

18.120.120 Parks, trails, and wildlife corridor lighting specifications.

18.120.130 Calimesa Boulevard Corridor lighting specifications.

18.120.140 Administration and enforcement.

18.120.150 Violations and penalties.

18.120.010 Purpose and intent.

It is the purpose and intent of this chapter to establish regulations and standards which will reduce light pollution generated by residential, commercial and industrial lighting fixtures and devices, minimize light pollution which has a detrimental effect on the environment and the enjoyment of the night sky, reduce and minimize lighting and lighting practices which cause unnecessary illumination of adjacent properties, correct problems of glare and light trespass, reduce energy use, comply with the regulations set forth in the California Building Efficiency Standards (Title 24, Parts 1 and 6 of the California Code of Regulations, enacted pursuant to California Public Resources Code Section 25402.1, or successor statute), and implement the Calimesa general plan. [Ord. 294 § 15, 2009.]

18.120.020 Definitions.

The terms used in this chapter shall have the meanings set forth in this section, except as provided as follows:
“Abandoned property” means a condition in which a property is: (A) vacant; or (B) distressed. (See CMC 8.55.020.) “Adult-oriented business” means an adult-oriented business as defined in CMC 5.25.020. “Day” means a calendar day.
“Disabling glare” means glare that (A) impairs the visibility and creates a potentially hazardous situation for either pedestrians or motorists, or (B) precludes the operation of a nearby business or the provision of activities, programs or services on nearby property.
“Distressed” means distressed as defined in CMC 8.55.020. “Fixture” means the assembly that holds a lamp and may include an assembly housing, a mounting bracket or polo socket, lamp holder, ballast, reflector, or mirror and a refractor or lens. “Foot-candle” means a unit of light measurement equal to one lumen per square foot. “Glare” means the brightness of a light source that causes annoyance, discomfort, or loss in visual performance and visibility to the eye.
“Light trespass” means light emitted by a lighting installation which shines beyond the boundaries of the property on which the installation is sited.

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The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. “Lumen” means a unit of measurement of light. One lumen equals one foot-candle falling onto one square foot of area.
“Luminaire” means a lighting fixture complete with the light source or lamp, the reflector for directing the light, an aperture (with or without a lens), the outer shell or housing for lamp alignment and protection, an electrical ballast, if required, and connection to a power source.
“Nuisance glare” means glare that (A) creates an annoyance or aggravation but does not create a potentially hazardous situation, or (B) creates an annoyance or aggravation that impairs or impedes a person’s right of quiet enjoyment of his/her property.
“Outdoor advertising sign” means an outdoor advertising sign as defined in CMC 18.60.020. “Outdoor advertising structure” means an outdoor advertising structure as defined in CMC 18.60.020. “Spillover light” means light trespass.
“Vacant” means vacant as defined in CMC 8.55.020.
“Watt” means a standard unit of power (energy per unit time), the equivalent of one joule per second. [Ord. 294 § 15, 2009.]

18.120.030 Exempt lighting.

The following outdoor lighting and lighting fixtures are exempt from this chapter:

A. Fossil fuel (e.g., gas or kerosene) lamps;
B. Temporary holiday decorations, for the time period commencing 30 days prior to the holiday, and extending not later than 30 days after the holiday;
C. Flag lighting of 150 watts or less;
D. Emergency lighting, for the duration of the emergency; E. Exposed string outdoor lighting; provided, that (1) they consist exclusively of a white light with a clear bulb, (2) the installation of such lights shall be limited to the lighting of living landscape features (shrubs and trees) in outside dining areas or within the parking areas of a commercial center or plaza, and (3) all such lighting is installed in accordance with applicable safety regulations;
F. Interior lighting; provided, that overly bright interior light emitted outdoors from any structure will be subject to control by this chapter if it is determined by the community development director that the indoor lighting creates light trespass, nuisance glare or disabling glare. [Ord. 294 § 15, 2009.]

18.120.040 Prohibited lighting.

The following lighting systems are prohibited except as otherwise indicated:

A. Aerial lasers, “search light” style lights, and flashing lights, unless they are allowed as part of a temporary use as regulated by CMC 18.15.130 (or any successor ordinance) (See CMC 18.120.110(B)(8)); B. Lighting fixtures mounted in such a way as to illuminate a roof, or aimed only towards a property line, or which cause disabling glare or light trespass, as determined by the community development director; and C. Billboard lighting that is pointed up. [Ord. 294 § 15, 2009.]

18.120.050 Nonconforming lighting.

All outdoor light fixtures existing and legally installed prior to the effective date of the ordinance codified in this chapter shall be deemed nonconforming and are exempt from the requirements of this chapter except that nonconforming lighting fixtures shall not be structurally altered, reconstructed or replaced so as to extend their

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The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. useful life. Nothing herein shall prevent the property owner or occupant from carrying out ordinary repairs and maintenance required to maintain said nonconforming outdoor light fixtures in a safe manner. In the event that any nonconforming lighting fixture is structurally altered, reconstructed or replaced, such fixture shall be made to conform to the requirements of this chapter. Additionally, should it be determined that a nonconforming light fixture results in light trespass, the community development director may require that the light be shielded, filtered, redirected, replaced with a less intense light source, removed or a combination thereof, to eliminate light trespass. [Ord. 294 § 15, 2009.]

18.120.060 Lighting plan required.

The submittal of a lighting plan is required as part of a development application or land use permit or clearance (except for lighting on an existing single-family residence). All lighting plans shall be prepared and certified to its compliance with the requirements of this chapter by a qualified lighting engineer prior to submitting lighting plans to the city. Lighting plans shall contain the information as specified by the lighting plan submittal requirements provided by the community development department. [Ord. 294 § 15, 2009.]

18.120.070 Performance standards applicable in all lighting zones.

The following performance standards are applicable in all lighting zones:

A. The candlepower of all lights shall be the minimum required to accomplish the purpose of the light, but shall not exceed the candlepower requirements of this chapter.

B. All lights shall be directed, oriented, and shielded to prevent light trespass or glare onto adjacent properties, onto public rights-of-way, and/or driveway areas.

C. Lighting for advertising signs shall not cause light trespass, disabling glare or nuisance glare on surrounding properties.

D. Lighting shall not be directed towards or seen from Interstate Highway 10 in such a manner that would result in disabling glare for drivers, or otherwise result in light trespass.

E. Motion detector lighting fixtures are allowed; provided, that: (1) there is no light trespass or spillover onto adjacent properties; (2) the fixtures are mounted within five feet of an entrance or exit door, garage door, or alcove of a structure; (3) installed no more than eight feet above the ground; and (4) illuminated with a maximum of two light bulbs of no more than 75 watts each.

F. Exterior lighting shall be turned off during daylight hours. As used herein, “daylight hours” means the hours between sunrise (dawn) and sunset.

G. Exterior lighting shall demonstrate an efficient distribution of lighting using low-glare, low-light pollution fixtures for lighting building exteriors and surrounding areas. Exterior lighting shall demonstrate compliance with Title 24 Energy Standards (including but not limited to Parts 1 and 6 of Title 24, California Code of Regulations, or successor regulations). [Ord. 294 § 15, 2009.]

18.120.080 Lighting in the residential lighting zone.

A. The residential lighting zone consists of all areas of the city zoned for O-S-R, R-E, R-R, R-L, R-L-M, R-M, R-H, PRD and any other residential zone that may be adopted by the city in the future.

B. General Requirements.

1. All outdoor lighting fixtures shall be installed and operated in conformance with this chapter, all other applicable provisions of the code, Title 24 of the California Code of Regulations, Part 6 (and any successor regulations), and the Uniform Building and Electrical Codes. In the event of any conflicts between this chapter and any other provision of the code, the more stringent regulation shall apply.

2. In multifamily residential dwellings or buildings, lighting for safety and/or security purposes shall be provided at entryways, along walkways, between buildings, and within parking areas subject to the provisions of this chapter.

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3. All outdoor lighting shall comply with the general performance requirements set forth in CMC

18.120.070(B).

4. Special Lighting Requirements. All outdoor lighting shall comply with the following additional requirements:

Subject Requirement
Candlepower Shall not exceed 0.3 foot-candles at
property lines.

Height of
Fixtures/Poles
Shall not exceed the maximum permitted
building height of the applicable
residential zone. If attached to a singlefamily residence the lighting shall not exceed the height of the roof eave.

Lighting Design Lighting poles and fixtures shall
complement the overall site architecture
and design in terms of scale, color, and
style.
[Ord. 294 § 15, 2009.]

18.120.090 Lighting in the commercial/industrial zone.

A. The commercial/industrial lighting zone consists of all areas of the city zoned for C-N, C-C, C-R, C-P Overlay, O-P, P/Q, L-I, BP and any other commercial/industrial zone that may be adopted by the city in the future.

B. General Requirements.

1. All outdoor lighting fixtures shall be installed and operated in conformance with this chapter, all other applicable provisions of the code, Title 24 of the California Code of Regulations, Part 6 (and any successor regulations), and the Uniform Building and Electrical Codes. In the event of any conflicts between this chapter and any other provision of the code, the more stringent regulation shall apply.

2. In commercial/industrial buildings, lighting for safety and/or security purposes shall be provided at entryways, along walkways, between buildings, and within parking areas subject to the provisions of this chapter.

3. All outdoor lighting shall comply with the general performance requirements set forth in CMC

18.120.070(B).

4. Neon lighting is allowed under the following circumstances:
a. As signage pursuant to CMC 18.50.040(E)(3), Neon Tubing. b. As part of the architectural theme of a building if approved under Chapter 18.90 CMC, Development Plan Review.

C. Special Lighting Standards. All outdoor lighting shall comply with the following additional requirements:

Subject Requirement
Candlepower for
Parking Lot Lighting
Lighting shall maintain a minimum of onefoot-candle power across the surface of the parking area.

Height of
Fixtures/Poles
Lights mounted on poles or structures
intended primarily for mounting lights
shall not exceed a maximum height of 20
feet, except that lighting attached to a
single story building shall not exceed the
height of the roof eave.

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Subject Requirement
Lighting Design – Parking lot lighting poles and fixtures shall complement the overall site
architecture and design in terms of scale,
color, and style.
– Exterior building lights shall
complement the overall building
appearance.

D. Lighting Curfew. Outdoor lighting systems in the commercial/industrial zone shall be turned off or reduced in lighting by at least 50 percent beginning at 10:00 p.m. or close of business, whichever is later, until dawn or the opening of business, whichever is earlier. The reduction shall be determined as an overall average for the parcel.

When possible, the lighting system shall be turned off rather than reduced in lighting level. Lighting shall be equipped with either timer controls or with photocell on and off switches.

Exceptions to the lighting curfew are as follows:

1. When there is only one conforming lighting fixture for the parcel; or

2. When a law or regulation requires lighting for steps and stairs; or

3. When, in the opinion of the community development director, reduced lighting levels at a given location (a) will cause unacceptable increased risk to safety and/or security; (b) will impair business operations when a business is open during the light curfew period or will impair the functions, services, or programs conducted during the light curfew period; and (c) will cause only a de minimis effect on nearby properties.

4. Pending determination of the community development director on an exception application under this section, the responsible party shall bring the property into compliance with the light curfew.

5. The decision of the community development director may be appealed to the planning commission in accordance with CMC 18.15.080. [Ord. 294 § 15, 2009.]

18.120.100 Lighting in the open space zone.

A. The open space lighting zone consists of all areas of the city zoned for O-S and any other open space zone that may be adopted by the city in the future.

B. General Requirements.

1. All outdoor lighting fixtures shall be installed and operated in conformance with this chapter, all other applicable provisions of the code, Title 24 of the California Code of Regulations, Part 6 (and any successor regulations), and the Uniform Building and Electrical Codes. In the event of any conflicts between this chapter and any other provision of the code, the more stringent regulation shall apply.

2. Lighting for safety and/or security purposes shall be provided at entryways, along walkways, between buildings, and within parking areas subject to the provisions of this chapter.

3. All outdoor lighting shall comply with the general performance requirements set forth in CMC

18.120.070(B).

C. Special Lighting Standards. All outdoor lighting shall comply with the following additional requirements:

Subject Requirement
Candlepower Shall not exceed 0.3 foot-candles at
property lines.

Height of
Fixtures/Poles
Shall not exceed the maximum permitted
building height of the applicable
residential zone. If attached to a singlePage 449 of 545 Calimesa Municipal Code
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Subject Requirement
family residence, the lighting shall not
exceed the height of the roof eave.

Lighting Design Lighting poles and fixtures shall
complement the overall site architecture
and design in terms of scale, color, and
style while being sensitive to its
surroundings.
[Ord. 294 § 15, 2009.]

18.120.110 Lighting for special uses.

A. The special use lighting zone includes all uses that require specialized lighting requirements because of their unique operating characteristics, secondary effects on surrounding properties, and/or the need for accurate color rendition, as more specifically provided for in this section.

B. Special Uses Defined. The following uses are included in the special uses lighting zone:

1. Adult-oriented businesses;

2. Automobile sales lots;

3. Drive-through facilities;

4. Massage establishments;

5. Outdoor recreation facilities (e.g., tennis courts, driving ranges, sports fields);

6. Outdoor advertising structures;

7. Service stations;

8. Temporary uses (i.e., fairs, festivals, concerts, carnivals, sales events, etc.);

9. Vacant and abandoned properties.

C. General Requirements.

1. All outdoor lighting fixtures shall be installed and operated in conformance with this chapter, all other applicable provisions of the code, Title 24 of the California Code of Regulations, Part 6 (and any successor regulations), and the Uniform Building and Electrical Codes. In the event of any conflicts between this chapter and any other provision of the code, the more stringent regulation shall apply.

2. Safety and Security. Except as otherwise provided in this section, lighting for safety and/or security purposes shall be provided at entryways, along walkways, between buildings, and within parking areas subject to the provisions of this chapter.

3. Except as otherwise expressly provided in this section, all outdoor lighting shall also comply with the general performance requirements set forth in CMC 18.120.070 and the general performance requirements set forth in the applicable lighting zone in which the use is located.

D. Special Lighting Requirements for Special Uses. In addition to the lighting requirements otherwise required by this chapter, the following shall also apply:

1. Adult-Oriented Businesses. Off-street parking areas and entries to the building in which the adult-oriented business is located shall each be illuminated from dusk until two hours past closing time with a lighting system that provides an average maintained horizontal illumination of one foot-candle of light on the parking surfaces or walkways.

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2. Automobile/Vehicle Sales Lots. Areas for the display of vehicles shall be allowed to use lighting that provides for accurate color rendition of the vehicles. Such lighting shall also comply with the performance standards specified in CMC 18.120.070.

3. Drive-Through Facilities. Drive-through lanes shall provide adequate screening to ensure that vehicle headlights do not cause nuisance glare or disabling glare to drivers or pedestrians, or otherwise result in light trespass.

4. Massage Establishments. All off-street parking locations, entrances and exits to the building in which the massage therapy establishment is located, or which are provided for or belong to the massage therapy establishment, shall be illuminated from dusk until two hours past closing time with a lighting system that provides an average maintained horizontal illumination of one foot-candle of light on the parking surface and walkways.

5. Outdoor Recreation Facilities (e.g., tennis courts, driving ranges, sports fields). Lighting shall be adequately shielded to direct light rays onto the activity area of the facility only. There shall be no illumination of outdoor recreational facilities unless the facilities are being utilized.

6. Outdoor Advertising Structures. An outdoor advertising display may be illuminated; provided, that the displays are so constructed that no light bulb, tube, filament, or similar source of illumination is visible beyond the display face. Displays making use of lights to convey the effect of movement or flashing, intermittent, or variable intensity shall not be permitted. Displays shall use the most advanced methods to ensure the most energy efficient methods of display illumination.

7. Service Stations. All light sources, including canopy, perimeter and flood, shall be stationary and shielded or recessed within the roof canopy so that the service station shall be indirectly visible and light is deflected away from adjacent properties and public rights-of-way. Lighting shall not be of such a high intensity as to cause nuisance glare or disabling glare to drivers or pedestrians, or result in light trespass to nearby properties. No luminaire shall be higher than 15 feet above finished grade.

8. Temporary Uses ((i.e., fairs, festivals, concerts, carnivals, sales events, etc.). Aerial lasers, “search light” style lights, and flashing lights may be allowed on a case-by-case basis based on the particular lighting zone, location, and surroundings, subject to the approval of a temporary use permit pursuant to CMC 18.15.130 (or any successor ordinance). Approved aerial lasers, “search light” style lights, and flashing lights temporarily allowed in connection with temporary uses shall also comply with the requirements of CMC 18.120.070 and

18.120.090.

9. Vacant and Abandoned Properties. Exterior light fixtures shall be maintained in good working order, free of broken lamps, lenses and light bulbs. Outdoor lighting in working order shall not be directed skyward with exception to typical landscape lighting meant to accent architectural features of structures, trees and shrubs.

Outdoor lighting for vacant and abandoned properties shall also otherwise comply with the requirements of CMC 18.120.070 (Performance standards applicable in all lighting zones) and 18.120.080 (residentially-zoned property), or CMC 18.120.070 (Performance standards applicable in all lighting zones) and 18.120.090 (commercially/industrially-zoned property). [Ord. 294 § 15, 2009.]

18.120.120 Parks, trails, and wildlife corridor lighting specifications.

A. Generally. The following specifications shall apply to all public and private sidewalks, pedestrian trails, bicycle paths, and equestrian trails (collectively “trails”), public parks, and wildlife corridors.

B. State Regulations. All outdoor lighting fixtures shall be installed and operated in conformance with Title 24 of the California Code of Regulations, Part 6 (and any successor regulations), and the Uniform Building and Electrical Codes. In the event of any conflicts between this chapter and any state statute or regulation, the more stringent regulation shall apply.

C. Trails. Overhead lighting shall be placed on poles not more than 16 feet in height, illuminating only the trail itself plus an additional area of not more than five feet in width on either side of the trail.

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D. Parks. Overhead lighting in parks shall be placed on poles not more than 16 feet in height, illuminating only the park itself. As part of the review process, a lighting curfew shall be established that addresses impacts to adjacent or nearby residential uses.

E. Wildlife Corridors. Wildlife corridors, as designated by the city of Calimesa general plan, Western Riverside County multiple species habitat conservation plan, a tentative tract or parcel map, or any other mechanism recognized by the city of Calimesa, shall not be lighted. [Ord. 294 § 15, 2009.]

18.120.130 Calimesa Boulevard Corridor lighting specifications.

The specifications shown on Exhibit “A” to the ordinance codified in this chapter shall apply to all street lighting located within the designated area known as the Calimesa Boulevard Corridor. [Ord. 294 § 15, 2009.]

18.120.140 Administration and enforcement.

A. Generally. The community development director, planning commission, or city council shall administer and enforce the provisions of this chapter depending upon the type of land use entitlement application.

B. Appeal. Appeals from any decision of the community development director or planning commission shall be filed and processed in accordance with CMC 18.15.080.

C. Extension of Time to Correct Light Trespass.

1. In the event the community development director determines that a nonconforming lighting fixture results in light trespass, the responsible party shall shield, filter, redirect or replace the light with a less intense light source, or remove the light to eliminate the light trespass. Corrective action shall be taken within 10 days after the community development director’s determination.

2. Upon written application by the responsible party, the community development director may grant additional time (not to exceed 90 days) to remedy the light trespass for hardship because the responsible party will incur significant difficulty in physically accessing the fixture, or the responsible party will incur significant financial difficulty in correcting the light trespass.

3. In seeking additional time, the responsible party shall provide written justification, signed by the property owner and occupant, that includes (a) the circumstances and conditions relied upon to justify the request for an extension of time; (b) the circumstances and conditions by which strict application of this chapter would result in hardship; and (c) that granting an extension of time will have only a de minimis effect on nearby properties.

4. Appeals from the decision of the community development director on a time extension application shall be filed in accordance with CMC 18.15.080. [Ord. 294 § 15, 2009.]

18.120.150 Violations and penalties.

Any violation of any provision of this chapter shall be subject to administrative proceedings, and/or criminal or civil prosecution, in accordance with Chapters 1.20 and 1.30 CMC, as determined to be appropriate in the discretion of the city attorney. All remedies stated therein shall be cumulative and nonexclusive. [Ord. 294 § 15, 2009.]

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Chapter 18.125 RESIDENTIAL DENSITY BONUS

PROVISIONS

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Chapter 18.125

RESIDENTIAL DENSITY BONUS PROVISIONS
Sections:

18.125.010 Purpose and intent.

18.125.020 Definitions.

18.125.030 Implementation.

18.125.040 Types of incentives allowed.

18.125.050 Requirements for density bonus projects.

18.125.060 Development standards.

18.125.070 Processing of density bonus requests.

18.125.080 Density bonus housing agreement.

18.125.090 Changes in State Density Bonus Laws.

18.125.010 Purpose and intent.

The purpose of this chapter is to provide incentives for the production of housing for very low-income, low-income, moderate-income, and senior households, transitional foster youth, disabled veterans, homeless persons, or lower income students in accordance with California Government Code Sections 65915 through 65918, as amended from time to time (“State Density Bonus Law”). In enacting this chapter, it is the city’s intent to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the city’s general plan housing element. [Ord. 342 § 3 (Exh. A), 2016; Ord. 305 § 3, 2010.]

18.125.020 Definitions.

Whenever the following terms are used in this chapter, they shall have the meanings established by this section.

A. “Affordable rent” means monthly housing expenses, including a reasonable allowance for utilities, for rental target units reserved for very low-, low-, or moderate-income households, not exceeding the following calculations:

1. Very Low-Income. Unless otherwise provided by law, the product of 30 percent times 50 percent of the area median income adjusted for family size appropriate for the unit, divided by 12.

2. Low-Income. Unless otherwise provided by law, the product of 30 percent times 60 percent of the area median income adjusted for family size appropriate for the unit, divided by 12.

3. Moderate-Income. Unless otherwise provided by law, the product of 30 percent times 110 percent of the area median income adjusted for family size appropriate for the unit, divided by 12.

B. “Affordable sales price” means a sales price at which very low-, low-, or moderate-income households can qualify for the purchase of target units, calculated in accordance with California Health and Safety Code Section 50052.5 and the regulations adopted by the California Department of Housing and Community Development pursuant to that section.

C. “Child care facility” means a child care facility other than a family day care home, including but not limited to infant centers, preschools, extended day care facilities, and school-age child care centers.

D. “Concession” has the same meaning as the term “incentive” defined herein.

E. “Density bonus” means a density increase of up to those percentages specified in this chapter above the otherwise allowable maximum residential density.

F. “Density bonus housing agreement” means a legally binding agreement between a developer of a housing development and the city, which ensures that the requirements of this chapter and the State Density Bonus Law are satisfied. The agreement shall establish, among other things, the number of target units, their size, location, terms and conditions of affordability, and production schedule.

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G. “Density bonus units” means those residential units granted pursuant to the provisions of this chapter that exceed the maximum residential density for the development site.

H. “Disabled Veterans” means individuals who have served in the United States Armed Forces and were discharged under honorable conditions. They must have a service-connected disability that has been formally rated by the U.S.

Department of Veterans Affairs, as defined in the California Revenue and Taxation Code Section 18541.

I. “Homeless persons” means individuals or families who lack a fixed, regular, and adequate nighttime residence.

This includes those living in emergency shelters, transitional housing, or places not intended for human habitation, such as cars, parks, or abandoned buildings, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). It also encompasses individuals or families who are sharing housing with others due to the loss of housing or economic hardship, often referred to as "doubling up." Additionally, individuals and families who are at imminent risk of losing their primary nighttime residence and need assistance to prevent homelessness are also included under this definition.

HJ. “Housing cost” means the sum of actual or projected monthly payments for all of the following associated with for-sale target units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowners’ association fees, and a reasonable allowance for utilities.

KI. “Housing development” means a construction project consisting of five or more residential units or lots, including single-family and multifamily, and otherwise defined in accordance with Government Code Section 65915(i).

LJ. “Incentive” means a regulatory incentive or concession as defined in Government Code Section 65915(k) that may include but not be limited to the reduction of site development standards or a modification of zoning code requirements, approval of mixed use zoning in conjunction with the housing development, or any other regulatory incentive which would result in identifiable cost avoidance or reductions, that are offered in addition to a density bonus.

MK. “Low-income household” or “lower-income household” means a household whose income does not exceed the lower-income limits applicable to Riverside County, as published and periodically updated by the California Department of Housing and Community Development pursuant to Health and Safety Code Section 50079.5.

N. “Major transit stop” means a location that meets one of the following criteria: 1) a rail station, which is a transit station serving a rail or light rail line, 2) a bus rapid transit (BRT) station, which is a station for a bus rapid transit line, or 3) a bus stop or terminal that is served by a bus with service intervals of 20 minutes or less during peak commute periods as published and periodically updated under Section 21064.3 of the California Public Resources Code.

LO. “Maximum residential density” means the maximum number of residential units permitted by the city’s general plan land use element and development code, applicable to the subject property at the time an application for the construction of a housing development is deemed complete by the city, excluding the additional density bonus units permitted by this chapter. If a range of density is permitted by either the land use element or the development code, maximum residential density shall mean the maximum allowable density within the range of density. If the land use element and the development code conflict, the density set forth in the land use element shall govern.

PM. “Moderate-income household” means a household whose income does not exceed the moderate-income limits applicable to Riverside County, as published and periodically updated by the California Department of Housing and Community Development pursuant to Health and Safety Code Section 50093.

NQ. “Nonrestricted units” means all units within a housing development excluding the target units.

OR. “Senior citizen housing” or “senior housing development” means a senior citizen housing development, as defined in Sections 51.3 and 51.12 of the Civil Code, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code.

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The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024.

S. “Shared housing building” means a residential or mixed-use structure with five or more shared housing units and one or more common kitchens and dining areas designed for the permanent residence of tenants for more than 30 days. The shared kitchens and dining areas must be capable of adequately accommodating all residents. A shared housing building may also include non-shared housing units, provided that these units do not occupy more than 25 percent of the floor area of the building.

T. “Shared housing unit” refers to one or more habitable rooms within a shared housing building that includes a bathroom, sink, refrigerator, and microwave. The unit is designed for permanent residence and must meet the minimum room area specified in California Residential Code Section R304. It must also comply with the definition of a "guestroom" in the California Residential Code Section R202. In the case of a residential care facility for the elderly, a shared housing unit may include a unit without an individual kitchen, where the room may be shared by unrelated persons, provided it meets the minimum room area requirements.

U. “Student housing development” means a development where all units are exclusively occupied by undergraduate, graduate, or professional students enrolled currently or in the past six months in at least six units at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. These developments consist of bedrooms with two or more bedspaces, each having access to either shared or private bathrooms, a shared or private living room, laundry facilities, and a shared or private kitchen.

P.V. “Target unit” means a dwelling unit within a housing development which will be reserved for sale or rent to, and affordable to, very low-, low-, or moderate-income households.

QW. “Total units” or “total dwelling units” means the total number of units in a housing development, not including units added by a density bonus awarded pursuant to this chapter.

X “Transitional foster youth” as defined in Section 66025.9 of the California Education Code, refers to individuals who are 18 to 23 years old and were in foster care when they turned 18. These are individuals who are continuing their education or training in a postsecondary institution, such as a community college, university, or vocational program.

RY. “Very low-income household” means a household whose income does not exceed the very low-income limits applicable to Riverside County, as published and periodically updated by the California Department of Housing and Community Development pursuant to Health and Safety Code Section 50105. [Ord. 379 § 8, 2021; Ord. 342 § 3 (Exh. A), 2016; Ord. 305 § 3, 2010.]

18.125.030 Implementation.

A. Applicability.

1. This chapter shall apply to all zoning districts within the city that allow residential use.

2. The bonus granted pursuant to this chapter shall apply only to residential projects or residential components of mixed use projects, not including units granted as a density bonus.

3. The proposed project shall have all of the following characteristics in order to qualify for a density bonus:
a. The residential development must include a minimum of five dwelling units. b. The applicant seeks and agrees to provide housing units to very low-, lower- or moderate-income households or, senior citizens, transitional foster youth, disabled veterans, homeless persons, or lower income students at rates consistent with those specified in subsections (B) and (C) of this section and the State Density Bonus Law.
c. The resulting density is beyond that permitted by the applicable zoning district. d. The applicant agrees to retain the affordable status of housing units in accordance with this chapter.

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4. An applicant shall be ineligible for a density bonus and any incentives or concessions under this chapter if ineligible or disqualified under any provision of state law, including but not limited to, Government Code Section 65195(c)(3) or as amended from time to time.

B. Target Units. The city shall grant a density bonus and incentives, pursuant to this subsection and subsections (C) and (D) of this section, to an applicant who agrees to provide the following target units and who meets the other requirements of this chapter:

1. Lower-Income Units. Designate at least 10 percent of the total units of a housing development, or such other percentage provided by law, as target units affordable to low-income households;

2. Very Low-Income Units. Designate at least five percent of the total units of a housing development, or such other percentage provided by law, as target units affordable to very low-income households;

3. Moderate-Income Units for Common Interest Developments. Designate at least 10 percent of the total units of a common interest development (including a condominium project), as defined in Civil Code Section 1351(f), planned development, as defined in Civil Code Section 1351(k), or other common interest development as defined in the State Density Bonus Law, or such other percentage provided by law, as target units affordable to moderate-income households; or

4. Any senior housing development, as defined in Civil Code Sections 51.3 and 51.12, or a mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Civil Code Sections 798.76 or 799.5.

5. Transitional foster youth, disabled veterans, or homeless persons. Designate at least 10 percent of total units to transitional foster youth, disabled veterans, or homeless persons at very low income affordability levels. The unit shall be subject to a 55-year recorded affordability restriction, and shall be provided at the same affordability level as very low income units.

6. Lower income students. Designate at least 20 percent of total units to lower income students (with priority for lower income students experiencing homelessness) in a student housing development where all units are exclusively occupied by undergraduate, graduate, or professional students enrolled currently or in the past 6 months in at least 6 units at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. The rent provided in the applicable units of the development for lower income students shall be calculated at 30 percent of 65 percent of the area median income for a single-room occupancy unit type. For the purpose of calculating a density bonus under this provision, a "unit" refers to an individual rental bed along with its proportional share of common area facilities. These units must be subject to a recorded affordability restriction for 55 years, ensuring that rental beds designated for lower-income students are not assigned to specific bedrooms.

7. Designate 100 percent of the units in the development, including both total units and density bonus units (excluding manager’s units), for lower-income households. However, up to 20 percent of these units may be allocated for moderate-income households. For the purposes of this provision, “development” includes shared housing building developments.

C. Density Bonus. In determining the number of density bonus units to be granted pursuant to this section, the maximum allowable residential density for the site shall be computed in accordance with the following provisions.

The amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in subsection (B) of this section:

1. Low-Income Household. The maximum allowable residential density for the site shall be increased by 20 50 percent; provided, however, that for each one percent increase above 10 percent in the percentage of units made affordable to low-income households, the density bonus shall be increased by 1.5 percent up to 35 percent and per the Table below to a maximum of 35 50 percent.

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Table 18.125.030-1 – Density Bonus (Low-Income)
Percentage Low-Income Units Percentage Density Bonus
10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
16 29
17 30.5
18 32
19 33.5
20 35
21 38.75
22 42.5
23 46.25
24 50

2. Very Low-Income Household. The maximum allowable residential density for the site shall be increased by 20 50 percent; provided, however, that for each one percent increase above five percent in the percentage of units made affordable to very low-income households, the density bonus shall be increased by 2.5 percent up to 35 percent and per the Table below to a maximum of 35 50 percent.

Table 18.125.030-2 – Density Bonus (Very Low-Income)
Percentage Very Low-Income Units Percentage Density Bonus 5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15 50

3. Moderate-Income Common Interest Development. The maximum allowable residential density for the site shall be increased by five 50 percent; provided, however, that for each one percent increase above 10 percent of the percentage of units made affordable to moderate-income households, the density bonus shall be increased by one percent up to 35 percent and per the Table below to a maximum of 35 50 percent.

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Table 18.125.030-3 – Density Bonus (Moderate-Income)
Percentage Moderate-Income Units Percentage Density Bonus 10 percent to 40 percent
5 percent to 35 percent (increment of one
percent for every one percent increase in
Percentage Moderate-Income Units
41 38.75
42 42.5
43 46.25
44 50

4. Senior, Housing Development Transitional Foster Youth, Disabled Veterans, Homeless Persons, or Lower Income Students Housing Development. The maximum allowable residential density for the site shall be increased by 20 50 percent; provided, however, that for each one percent increase above 20 percent of the percentage of units made affordable to very low-income households, the density bonus shall be increased by

3.75 percent to a maximum of 50 percent, as shown in the Table below.

Table 18.125.030-4 – Density Bonus (Senior, Transitional Foster Youth, Disabled Veterans, Homeless Persons, or Lower Income Students Housing)
Percentage Lower-Income Units Percentage Density Bonus
20 35
21 38.75
22 42.5
23 46.25
24 50

5. Certain Donations of Land. When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the city that satisfies the requirements of Government Code Section 65915(g) and complies with all procedural requirements of that subsection, including recordation of a deed restriction, the maximum allowable residential density for the site shall be increased by 15 35 percent based on the percentage of very low-income units; provided, however, that for each one percent increase above the minimum percentage of land required to be donated pursuant to Government Code Section 65915(g), the density bonus shall be increased by one percent up to a maximum of 35 percent. This increase shall be in addition to any increase required by subsections (B)(1) through (B)(4) of this section, up to a maximum combined density increase of 35 percent, if an applicant seeks both the increase required by this subsection (C)(5) and by subsections (C)(1) through (4) of this section.

6. Lower-income households. For developments where 100 percent of the units, including both total units and density bonus units (excluding manager’s units), are designated for lower-income households, the development shall be eligible for a density bonus of 80 percent of the total number of lower-income units. However, up to 20 percent of these units may be designated for moderate-income households.

7. In addition to any increase in density granted by C1, C2, C3, or C4, an applicant may receive an additional density bonus if:
• The applicant proposes to include additional rental or for-sale units that are affordable to very low-income or moderate-income households and meets the following requirements:
o The development meets the criteria for lower-income households and provides more than 24 percent of the total units to lower-income households.
o The development meets the criteria for very low-income households and provides more than 15 percent of the total units to very low-income households.

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The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. o The development meets the criteria for moderate-income households and provides more than 44 percent of the total units to moderate-income households. • Additional density bonus for a housing development is calculated as follows:

Table 18.125.030-5 – Density Bonus (Very Low-Income)
Percentage Very Low Income Units Percentage Density Bonus 5 20
6 23.75
7 27.5
8 31.25
9 35
10 38.75
Table 18.125.030-6 – Density Bonus (Moderate Income)
Percentage Moderate-Income Units Percentage Density Bonus 5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15 50
D. Number of Incentives. In addition to the density bonus described in this chapter, the applicant shall receive the following number of incentives or concessions:

1. One incentive shall be provided to a developer who agrees to construct at least 10 percent of the total units for low-income households, five percent of the total units for very low-income households, or 10 percent of units in a common interest developments, including condominiums, for moderate-income households.

2. One incentive shall be provided to a developer who agrees to construct at least 20 percent of the total units for lower income students in a student housing development. If a project includes at least 23 percent of the total units for lower income students in a student housing project, the applicant shall instead receive two incentives.

23. Two incentives shall be provided to a developer who agrees to construct at least 20 percent of the total units for low-income households, 10 percent of the total units for very low-income households, or 20 percent of units in a condominium for moderate-income households.

34. Three incentives shall be provided to a developer who agrees to construct at least 30 percent of the total units for low-income households, 15 percent of the total units for very low-income households, or 30 percent of units in a common interest developments, including condominiums, for moderate-income households. In cases where a density increase of more than the amount specified in subsection (B) of this section is requested, the density increase, if granted, shall be considered an additional incentive.

5. Four incentives shall be provided to a developer who agrees to construct at least 16 percent of the units for very low income households or at least 45 percent for persons and families of moderate income in a development in which the units are for sale.

6. Five incentives shall be provided if all units in the development - both total units and density bonus units, excluding any manager’s units—are designated for lower-income households. However, up to 20 percent of the

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The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. units, including total units and density bonus units, may be allocated for moderate-income households. This includes shared housing building developments.

47. In cases where the developer agrees to construct a housing development that qualifies for a density bonus pursuant to subsection (A) of this section, and that includes a child care facility as defined in Government Code Section 65915(h)(4), the developer shall be entitled to either an additional density bonus that is an amount of square feet of residential space equal to or greater than the amount of square feet in the childcare facility, or an additional incentive described in CMC 18.125.040, Types of incentives allowed, that contributes significantly to the economic feasibility of the construction of the childcare facility. Any such child care facility shall comply with the following:
a. The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable. b. Of the children who attend the child care facility, the children of very low-income households, lowincome households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low-income households, lower-income households, or families of moderate income, pursuant to this chapter. c. Notwithstanding the foregoing, the city shall not be required to provide a density bonus or incentive for a child care facility when it is found, based on substantial evidence, that the community has adequate child care facilities.

E. General Provisions. The following general requirements apply to the application and determination of all density bonuses and incentives.

1. Rounding. All density calculations resulting in fractional units shall be rounded up to the next whole number.

When calculating the required number of target units, any resulting fraction of units shall be deleted.

2. Relation to General Plan, Zoning. The granting of a density bonus, or a concession or incentive, shall not be interpreted, in and of itself, to require a general plan amendment, zoning change (rezone), or other discretionary approval.

3. Density Bonus Excluded in Calculation. The units permitted by the density bonus awarded under this chapter shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus.

4. Multiple Zoning Districts. If the site of a development proposal is located in two or more zone districts, the number of dwelling units permitted in the development is the sum of the dwelling units permitted in each of the zone districts based on the site acreage within each zone district. The permitted number of dwelling units may be distributed within the development without regard to the zone boundaries.

5. City Authority. Nothing in this chapter shall be construed to enlarge or diminish the authority of the city to require a developer to donate land as a condition of development.

F. Waivers or Modifications. In addition to any density bonus or incentives provided, an applicant may seek a waiver or modification of development standards that would physically preclude the construction of a housing development at the densities or with the incentives permitted by this chapter. The applicant may request a meeting with city staff to discuss the applicant’s proposal for reduced development standards. The city may deny a request for waiver or modification only if the written findings in CMC 18.125.070(D) have been made. Except as provided in this section, the granting of a density bonus shall not be interpreted to require the waiver of any ordinances or provisions of any ordinance of the city unrelated to development standards. [Ord. 342 § 3 (Exh. A), 2016; Ord. 305 § 3, 2010.]
G. Parking Requirements: The developer shall not be required to provide more parking than the specified ratios below:

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The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. • Studio and one-bedroom units – Maximum of one onsite parking space per unit. • Two- and three-bedroom units – Maximum of 1.5 onsite parking spaces per unit. • Four or more bedroom units – Maximum of 2.5 onsite parking spaces per unit.

If a development meets certain conditions, parking requirements can be further reduced, inclusive of parking for persons with a disability and guests, upon the developer's request if the development includes:
• At least 20 percent low-income units or at least 11 percent very low-income units, and is located within half a mile of a major transit stop with unobstructed access to that stop. The required parking can be further reduced to 0.5 parking spaces per unit.
• At least 40 percent moderate-income units and is located near a major transit stop with unobstructed access to that spot. The required parking can be further reduced to 0.5 parking spaces per bedroom.

No parking is required for the following:
• Student housing located within half a mile of a major transit stop with unobstructed access to that stop. • For-rent housing development for individuals who are 55 years of age that has either paratransit service or unobstructed access, within one-half mile, to a fixed bus route service that operates at least eight times per day.
• Special needs or supportive housing development with paratransit service or unobstructed access, within one-half mile, to a fixed bus route service that operates at least eight times per day.

18.125.040 Types of incentives allowed.

A. Incentives. If requested by the applicant, a qualifying project shall be entitled to the following incentives, the number of which shall be determined pursuant to CMC 18.125.030(D), unless the city makes the written findings required by Government Code Section 65915(d)(1):

1. Types of Incentives. Incentives may include but are not limited to any of the following:
a. A reduction in site development standards or a modification of the requirements of this zoning code which exceed the minimum building standards provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code that results in identifiable, financially sufficient, and actual cost reductions. These may include, but are not limited to, one or more of the following:
i. Reduced minimum lot sizes and/or dimensions, as originally specified in CMC 18.20.040, Table

18.20.040;
ii. Reduced minimum setbacks, as originally specified in CMC 18.20.040, Table 18.20.040; iii. Reduced minimum outdoor and/or private outdoor open space, as originally required by CMC

18.20.050(J);
iv. Increased maximum lot coverage, as originally required by CMC 18.20.040, Table 18.20.040; v. Increased maximum building height, as originally required by CMC 18.20.040, Table 18.20.040; vi. Reduced on-site parking standards, as originally required by CMC 18.45.060, and consistent with Government Code Section 65915(p)(1);
vii. Other site or construction conditions applicable to a residential development; viii. Reduction in storage requirements as specified in CMC 18.20.050(J)(5); ix. Reduction in the amount of amenities that may be required per CMC 18.20.050(I). b. Mixed use zoning to allow the housing development to include nonresidential uses and/or allow the housing development in a nonresidential zone. Approval of mixed use activities in conjunction with the housing development if other land uses will reduce the cost of the housing development, and the other

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The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. land uses are compatible with the housing development and the existing or planned development in the area, and are consistent with the general plan.
c. Another regulatory incentive or concession proposed by the applicant and agreed to by the city that results in identifiable, financially sufficient, and actual cost reductions. Permissible incentives include but are not limited to direct financial aid (e.g., community development block grant (CDBG) funding) in the form of a loan or a grant to subsidize or provide low interest financing for on- or off-site improvements, land, or construction costs.
d. A density bonus of no more than 35 50 percent.
e. A reduction or deferment of plan check, construction permit, and/or development impact fees (TUMPF and MSHC, where applicable, are not eligible, but may have their own reductions or deferrals).

2. Requirements.
a. Economic Feasibility. Any development incentive granted shall contribute to the economic feasibility of providing the target units. [Ord. 342 § 3 (Exh. A), 2016; Ord. 305 § 3, 2010.]

18.125.050 Requirements for density bonus projects.

A. The entry into and execution of the density bonus housing agreement shall be a condition of a discretionary planning permit (e.g., tract maps, parcel maps, site plans, planned development, or conditional use permits) or a ministerial building permit for a housing development proposed pursuant to this chapter. The agreement shall be recorded at the applicant’s cost as a restriction running with the land on the parcel or parcels on which the target units will be constructed.

B. All very low- and low-income rental units that qualified the applicant for the award of the density bonus shall remain restricted and be offered at affordable rents to the designated group for a period of 55 years from issuance of the certificate of occupancy (or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program), or otherwise as provided by law.

C. The initial occupant of all for-sale units that qualified the applicant for the award of the density bonus shall be persons and families of very low, low, or moderate income, as required, and the units shall be offered at an affordable housing cost, as defined in Health and Safety Code Section 50052.5, or as amended from time to time.

The subsequent occupants of such units shall meet the requirements of the density bonus housing agreement as described in CMC 18.125.080.

D. In determining the maximum affordable rent or affordable sales price of target units, the following household and unit size assumptions shall be used, unless the housing development is subject to different assumptions imposed by other governmental regulations:

SRO (single-room occupancy) unit 1 person
Studio 1 person
1 bedroom 2 persons
2 bedroom 3 persons
3 bedroom 4 persons
4 bedroom 6 persons
E. An applicant shall agree that the initial occupants of the moderate-income units in the condominium project are persons and families of moderate income, as defined in Health and Safety Code Section 50093.

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F. The applicant and the city shall enter into an equity sharing agreement, unless it is in conflict with the requirements of another public funding source or law. The equity sharing agreement shall provide that the seller and the city shall share in the equity as follows:

1. Upon resale of a very low-, low- or moderate-income unit, the seller of the unit shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation.

2. The city shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within five years for any of the purposes described in Health and Safety Code Section 33334.2(e) that promote homeownership.

3. For purposes of this subsection, the city’s proportionate share of appreciation shall be equal to the ratio of the city’s initial subsidy to the fair market value of the home at the time of initial sale.

4. For purposes of this subsection, the city’s initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, the value at the time of resale shall be used as the initial market value.

G. All for-sale target units shall be occupied by their purchasers; no renting or subleasing shall be permitted.

H. The owner of a rental development shall submit, annually and within 30 days of occupancy of a target rental unit, a certificate of compliance, which shall include the name, address, and income of each tenant occupying the target unit.

I. The owner of a rental development shall maintain and keep on file annual sworn and notarized income statements and current tax returns for all tenants occupying the target rental units.

J. The owner of a rental development shall provide to the city any additional information required by the city to ensure the long-term affordability of the target units by eligible households.

K. The city shall have the right to inspect the owner’s project-related records at any reasonable time and shall be entitled to audit the owner’s records once a year.

L. The city may establish fees associated with the setting up and monitoring of target units. [Ord. 342 § 3 (Exh. A), 2016; Ord. 305 § 3, 2010.]

18.125.060 Development standards.

A. Target units shall be constructed concurrently with nonrestricted units unless both the city and the applicant agree within the density bonus housing agreement to an alternative schedule for development.

B. Target units shall be built on site wherever possible and, when practical, be dispersed within the housing development. Where feasible, the number of bedrooms of the target units shall be equivalent to the bedroom mix of the nonrestricted units of the housing development, except that the developer may include a higher proportion of target units with more bedrooms. The design and appearance of the target units shall be compatible with the design of the total housing development. All housing developments shall comply with all applicable development standards, except those standards that may be modified as provided by this chapter. Deviations from these provisions may only be permitted as part of an approved density bonus housing agreement.

C. Circumstances may arise in which the public interest would be served by allowing some or all of the target units associated with one housing development to be produced and operated at an alternative development site. Where the applicant and the city form an agreement, the resulting linked developments shall be considered a single housing development for purposes of this chapter. Under these circumstances, the applicant shall be subject to the same requirements of this chapter for the target units to be provided on the alternative site. [Ord. 342 § 3 (Exh. A), 2016; Ord. 305 § 3, 2010.]

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18.125.070 Processing of density bonus requests.

An application for a density bonus pursuant to this chapter shall be processed concurrent with the application for a housing development. An application for a housing development shall not be determined “complete” for purposes of Government Code Section 65920 et seq. unless and until the city council has given preliminary approval of the form and content of a density bonus housing agreement which complies with the provisions of this chapter. The process for obtaining preliminary approval of the density bonus shall be as follows:

A. Filing. An applicant proposing a housing development pursuant to this chapter shall submit an application for a density bonus as part of the submittal of any formal request for approval of a housing development. The application, whether a preapplication or a formal application, shall be filed in a manner consistent with the requirements contained in CMC 18.15.020, Application.

B. Review of Density Bonus Request.

1. Except as otherwise provided with regard to a preliminary proposal for a condominium conversion project under state law, within 30 days after receipt of a complete application for a density bonus and a housing development, the city shall provide to an applicant a letter which identifies project issues of concern and the procedures for compliance with this chapter.

2. If additional incentives are requested, the planning director shall inform the applicant that the requested additional incentives shall or shall not be recommended for consideration with the proposed housing development, or that alternative or modified incentives shall be recommended for consideration in lieu of the requested incentives. If the planning director recommends alternative or modified incentives, the recommendation shall establish how the alternative or modified incentives can be expected to have an equivalent affordability effect as the requested incentives.

C. Approval.

1. The city shall approve a density bonus and requested incentives in conjunction with a discretionary planning permit or ministerial building permit for a housing development, if the application complies with the provisions of this chapter. The execution and recordation of the density bonus housing agreement shall be a condition of approval of the discretionary planning permit or ministerial building permit.

D. Denial. The city may deny the requested concession or incentives if it makes a written finding of any of the following, based on substantial evidence:

1. The concession or incentive is not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specific in subdivision (c) of Government Code Section 65915.

2. The concession of incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.

3. The concession or incentive would be contrary to state or federal law.

4. The applicant’s project is deemed ineligible for an incentive or concession by operation of CMC 18.125.030,

18.125.060 or 18.125.070 or any provision of state law. [Ord. 342 § 3 (Exh. A), 2016; Ord. 305 § 3, 2010.]

18.125.080 Density bonus housing agreement.

A. The terms of the draft density bonus housing agreement (the “agreement”) shall be reviewed and revised as appropriate by the planning director and the city attorney, who shall formulate a recommendation to the planning commission for review and the city council for final approval.

B. Following execution of the agreement by the applicant and the city, the completed agreement, or memorandum thereof, shall be recorded. The conditions contained in the agreement shall be filed and recorded on the parcel or

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C. At a minimum, the agreement shall include the following:

1. The total number of units proposed within the housing development, including the number of target units.

2. A description of the household income group (very low-, low- or moderate-income) to be accommodated by the housing development, and the standards for determining the corresponding affordable rent or affordable sales price and housing cost.

3. The location, unit sizes (square feet), and number of bedrooms of target units.

4. Provisions to ensure the continued affordability of all very low- and low-income rental units that qualified the applicant for the award of the density bonus including but not limited to tenure of use restrictions for target units of at least 55 years from issuance of the certificate of occupancy (or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program), or otherwise as provided by law.

5. A schedule for completion and occupancy of target units.

6. A description of any additional incentive being provided by the city.

7. All equity sharing provisions to implement the requirements of CMC 18.125.050.

8. A description of remedies for breach of the agreement by either party (the city may identify tenants or qualified purchasers as third-party beneficiaries under the agreement).

9. Other provisions to ensure implementation and compliance with this chapter.

D. In the case of for-sale housing developments, the agreement shall provide for the following conditions governing the initial sale and use of target units during the applicable use restriction period:

1. Target units shall, upon initial sale, be sold to and occupied by eligible very low-, low-, or, in the case of a condominium or other common interest development, moderate-income households at an affordable sales price and housing cost, or to qualified senior citizen residents (i.e., maintained as senior citizen housing). This includes the requirement that the initial occupants of all for-sale units that qualified the applicant for the award of the density bonus shall be persons and families of very low, low, or moderate income, as required, and that the units are awarded at an affordable housing cost, as defined in Health and Safety Code Section 50052.5.

If the unit is not purchased by an eligible household within 180 days of the issuance of the certificate of occupancy, it must be purchased by a qualified nonprofit housing corporation pursuant to Section 501(c)(3) of the Internal Revenue Code and should be based in California.

2. The initial purchaser of each target unit shall execute a lien, an instrument, or an agreement, approved by the city attorney, restricting the sale of the target unit in accordance with this chapter during the applicable use restriction period. Such lien, instrument, or agreement shall be recorded against the parcel containing the target unit and shall contain provisions as the city may require to ensure continued compliance with this chapter and the State Density Bonus Law.

E. In the case of rental housing developments, the agreement shall provide for the following conditions governing the use of target units during the use restriction period:

1. Provisions to ensure the continued affordability of all very low- and low-income rental units that qualified the applicant for the award of the density bonus, including the requirement that rents for the lower-income density bonus units shall be set at an affordable rent as defined in Health and Safety Code Section 50053.

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2. The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and the proper management and maintenance of target units for qualified tenants.

3. Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this chapter.

4. Provisions requiring owners to submit an annual report to the city, which includes the name, address, and income of each person occupying target units, and which identifies the bedroom size and monthly rent or cost of each target unit. [Ord. 342 § 3 (Exh. A), 2016; Ord. 305 § 3, 2010.]

18.125.090 Changes in State Density Bonus Laws.

It is the intent of the city council that the provisions of this chapter shall be interpreted so as to fulfill the requirements of Government Code Section 65915 et seq., including any changes in the State Density Bonus Law or any other provisions of state laws that revise percentages, numerical thresholds, and/or other standards applicable to the granting of density bonuses or related incentives that may occur after the effective date of the ordinance codified in this chapter. Accordingly, it is the further intent of the city council that any such changed percentages, numerical thresholds, or other standards shall be deemed to supersede and govern any conflicting percentages, numerical thresholds, or other standards contained in this chapter, to the maximum extent permitted by law. [Ord. 342 § 3 (Exh. A), 2016; Ord. 305 § 3, 2010.]

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Chapter 18.130
INCLUSIONARY HOUSING1
Sections:

18.130.010 Purpose and intent.

18.130.020 Definitions.

18.130.030 Inclusionary requirements.

18.130.040 Exemptions.

18.130.050 Affordable housing standards.

18.130.060 Inclusionary housing plan.

18.130.070 Alternative means of compliance.

18.130.075 In-Lieu Fee.

18.130.080 Inclusionary housing affordability covenant.

18.130.090 Eligibility for inclusionary units – Owner occupancy required.

18.130.100 Affordable sales price and long-term affordability restriction.

18.130.110 Adjustments and waivers.

18.130.120 General prohibitions and enforcement.

18.130.130 Temporary suspension.

18.130.010 Purpose and intent.

The purpose and intent of this chapter, which shall be known as the “Calimesa inclusionary housing ordinance,” are the following:

A. To encourage the development and availability of housing affordable within the city to a broad range of households with varying income levels;
B. To promote the city’s goal of adding affordable housing units to the city’s housing stock; C. To increase the availability of housing opportunities for low and moderate income households within the city limits in order to protect the economic diversity of the city’s housing stock, and to ultimately reduce traffic, commuting and related air quality impacts within the region, and to encourage the quality of life unique to the city of Calimesa;
D. To implement policies of the housing element of the general plan, including:

1. Adopting an inclusionary housing program to meet the housing needs of those not currently served by other housing programs; and

2. Encouraging the development of housing for first-time home buyers, including low income households; E. To mitigate the fact that new housing developments increase the local demand for services and thereby expand the need for new low wage jobs, increasing the demand for low income housing in the city; and F. To ensure that the imposition of the inclusionary housing requirements occurs at a time when the housing market has improved to a level that the requirements do not unduly hinder or impede housing development projects in the city. [Ord. 320 § 2, 2012; Ord. 304 § 2, 2011.]

18.130.020 Definitions.

The terms used in this chapter shall have the meanings set forth below:
“Affordable sales price” means the maximum sales price to be paid by a low income household for an inclusionary unit, to be determined as follows:

A. Determine the “annual income for a lower income household” as follows:

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1. Determine the average number of bedrooms per unit in the proposed residential development.

2. Round up the number of bedrooms from subsection (A)(1) of this defintion to the next whole number to determine the applicable household size.

3. Determine the area median income, as defined in this section, for a household of the size determined in subsection (A)(2) of this definition.

4. Multiply the area median income determined in subsection (A)(3) of this definition by 0.80 to determine the “annual income for a lower income household.”
B. Determine the “monthly household allowance available for a mortgage payment” as follows:

1. Multiply the “annual income for a lower income household” determined in subsection (A)(4) of this definition by 0.35 to determine the “annual housing allowance.”

2. Divide the “annual housing allowance” by 12 to determine the “monthly housing allowance.”

3. Multiply the “monthly housing allowance” by 0.80 to determine the “monthly household allowance available for a mortgage payment.”
C. Determine the “maximum mortgage” that can be financed as follows:

1. Find the “prevailing interest rate,” which shall be the historical daily required net yield for the prior month for a 30-year fully amortized fixed-rate single-family home mortgage, as identified by Fannie Mae;

2. Determine the “maximum mortgage” that can be financed at the “prevailing interest rate” determined in subsection (C)(1) of this definition based on the “monthly household allowance available for a mortgage payment” determined in subsection (B)(3) of this definition.

D. Determine the “affordable sales price” by dividing the “maximum mortgage” determined in subsection (C)(2) of this definition by 0.80.
“Applicant” means any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities that seeks city approvals for all or part of a residential development. “Area median income” means the median household income, provided in Section 50093(c) of the California Health and Safety Code, as amended, that is applicable to Riverside County and adjusted for family size as published and annually updated by the United States Department of Housing and Urban Development. “CMC” means the Calimesa Municipal Code.
“Household” means one person living alone or two or more persons sharing a residency whose income is considered for housing payments.
“Inclusionary housing plan” means the applicant’s proposal for compliance with this chapter for a particular residential development.
“Inclusionary unit” means a dwelling unit that will be offered for sale to low-income households, at an affordable sales price, in compliance with this chapter.
“Low-income household” means a household whose income does not exceed 80 percent of area median income. “Market-rate unit” means a dwelling unit in a residential development that is not an inclusionary unit. “Residential development” means any of the following: (A) a subdivision resulting in the creation of 20 or more residential lots or residential units; (B) the new construction of a project consisting of 20 or more for-sale dwelling

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“Unit size” means all of the usable floor area within the perimeter walls of a dwelling unit, exclusive of open porches, decks, balconies, garages, basements, cellars that extend no more than two feet above finished grade, and attics that do not exceed a floor-to-ceiling height of five feet. [Ord. 320 § 3, 2012; Ord. 304 § 2, 2011.]

18.130.030 Inclusionary requirements.

A. General Requirement. For all residential developments, as defined in CMC 18.130.020, at least five percent of the total lots or units created must be offered for sale as inclusionary units restricted for owner occupancy by lowincome households.

B. Rounding. In determining the number of inclusionary units required by this section, any decimal fraction less than 0.5 shall be rounded down to the nearest whole number, and any decimal fraction of 0.5 or more shall be rounded up to the nearest whole number.

C. Affordable Sales Price. Inclusionary units must be sold at a price affordable to low-income households, calculated according to the definition in CMC 18.130.020, or as otherwise described in a city affordable housing policy effective on the date of the planning commission’s approval of the inclusionary housing plan. [Ord. 304 § 2, 2011.]

18.130.040 Exemptions.

The requirements of this chapter shall not apply to the following types of development projects:

A. Residential dwelling units that are offered for lease rather than for sale.

B. The reconstruction of any residential units or structures which have been destroyed by fire, flood, earthquake or other act of nature, which are being reconstructed in a manner consistent with the requirements of CMC Title 15.

C. Residential developments that comply with the density bonus ordinance pursuant to Chapter 18.125 CMC.

D. Applications deemed complete prior to the effective date of the ordinance codified in this chapter.

E. A residential project that is the subject of a development agreement or regulatory agreement that expressly provides for exemption from this chapter or provides for a different inclusionary requirement from that specified by this chapter. [Ord. 304 § 2, 2011.]

18.130.050 Affordable housing standards.

Inclusionary units must conform to the following standards:

A. Design. Inclusionary units must be comparable in construction quality and exterior design to the market-rate units. Inclusionary units may have different interior finishes and features than market-rate units so long as the interior features are durable, of good quality and consistent with contemporary standards for new housing.

B. Size. The average number of bedrooms in the inclusionary units must equal or exceed the average number of bedrooms in the market-rate units. Inclusionary units shall have the number of bathrooms equal to that of a marketrate unit of the same number of bedrooms. The average unit size of each inclusionary unit shall equal or exceed the average unit size of the market-rate units.

C. Timing. Inclusionary units shall be provided concurrently with or prior to the related market-rate units. In phased developments, inclusionary units shall be provided in proportion to the number of units in each phase of the residential development.

D. Duration of Affordability Requirement. As stated in the inclusionary housing affordability covenant, inclusionary units shall be restricted for a minimum of 55 years to ownership by low-income households.

E. Location. Except as otherwise provided in this chapter, inclusionary units shall be constructed on site and shall be reasonably dispersed throughout the residential development.

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F. Access to Amenities. Households occupying inclusionary units shall have the same access to the amenities and recreational facilities in the residential development as households occupying the market-rate units. [Ord. 304 § 2, 2011.]

18.130.060 Inclusionary housing plan.

A. Every residential development to which this chapter applies shall include an inclusionary housing plan as part of the initial application for the development plan, tentative map, or other discretionary approval to which this chapter applies.

B. No application for a development plan, tentative map, or discretionary approval for a residential development to which this chapter applies may be deemed complete until the accompanying inclusionary housing plan, containing the requirements of this section, is received and deemed complete by the community development director.

C. At any time during the review process, the community development director may require from the applicant additional information reasonably necessary to clarify and supplement the inclusionary housing plan, or determine the consistency of the project’s proposed inclusionary housing plan with the requirements of this chapter.

D. An inclusionary housing plan must include the following:

1. The number, location, structure (attached, semi-attached, or detached), and size of the proposed market-rate and inclusionary units and the basis for calculating the number of inclusionary units;

2. A floor or site plan depicting the location of the inclusionary units and the market-rate units;

3. The income levels to which each inclusionary unit will be made affordable;

4. The methods to be used to advertise the availability of the inclusionary units and select the eligible purchasers;

5. For any phased development, a phasing plan that provides for the timely development of the number of inclusionary units proportionate to each proposed phase of development;

6. Any alternative means designated in CMC 18.130.070 proposed for the development along with information necessary to support the findings required by CMC 18.130.070 for approval of such alternatives. If the applicant is proposing to pay an inlieu fee, the inclusionary plan shall include the total square footage of the proposed finished residential living area (i.e., excluding garages) for all of the market-rate unitsAny alternative means designated in CMC 18.130.070 proposed for the development along with information necessary to support the findings required by CMC 18.130.070 for approval of such alternatives; and

7. Any other information reasonably requested by the community development director to assist with evaluation of the plan under the standards of this chapter. [Ord. 304 § 2, 2011.] [Ord. 418, 2025.]

18.130.070 Alternative means of compliance.

An applicant may submit an inclusionary housing plan that proposes one of the alternative methods of compliance described in this section. The city may approve, conditionally approve, or deny such a proposal in accordance with the findings described herein.

A. Off-Site Construction. The required inclusionary units may be constructed off-site if the planning commission (or the city council on appeal) finds as follows:

1. The unit size and number of bedrooms of the proposed off-site inclusionary units would be greater than that of the inclusionary units if they were built on site;

2. The off-site inclusionary units would allow for significantly reduced sales prices;

3. The off-site inclusionary units would be provided prior to the completion of the market-rate units;

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4. The proposed location of the off-site inclusionary units would be accessible to public transit, commercial areas, or public services.

B. Dedication of Land. In lieu of building inclusionary units on site or off site, an applicant may dedicate land to the city (or a city-designated nonprofit housing developer) if the planning commission (or the city council on appeal) finds as follows:

1. The land to be dedicated is appropriately zoned and otherwise suitable for construction of the number and type of inclusionary units that would be required to be built on site; and

2. The value of the land to be dedicated is roughly equivalent to the value of the land and amount it would cost the applicant to construct the required number of inclusionary units on site; and

3. The city, or the city-designated nonprofit housing developer, has adequate funding sources to construct the required inclusionary units on the dedicated land; and

4. The proposed location of the off-site inclusionary units would be accessible to public transit, commercial areas, or public services; or

5. In the alternative, in the event that subsections (B)(1), (B)(2), (B)(3) and (B)(4) of this section, or any one of those, is not satisfied, the dedication of land would accomplish specific housing goals set forth in the city’s general plan. [Ord. 304 § 2, 2011.]
C. In-Lieu Fee. In lieu of building inclusionary units on-site, an applicant may elect, by right, to pay an in-lieu fee as described in Section 18.130.075. [Ord. 418, 2025.]

18.130.075. In-Lieu Fee.

A. An applicant that elects to pay an in-lieu fee shall comply with the following:

1. The applicant shall pay an in-lieu fee for each market-rate dwelling unit that is subject to the inclusionary housing requirement pursuant to Section 18.130.030. The amount of the in-lieu fee shall be calculated in the manner established by resolution adopted by the City Council, as may be amended from time to time.

2. The in-lieu fee shall be paid concurrently with the payment for a building permit for a market-rate dwelling unit that is subject to the inclusionary housing requirement pursuant to Section 18.130.030.

B. The City shall establish a separate fund for affordable housing, and any inlieu fees collected shall be deposited into this fund. The City shall use monies deposited in this fund to support the development of housing that is affordable and restricted to households earning 80 percent of the Area Median Income or less. [Ord. 418, 2025.]

18.130.080 Inclusionary housing affordability covenant.

A. Prior to issuance of a grading permit or building permit, whichever is requested first, an inclusionary housing affordability covenant must be approved and executed by the community development director and the applicant/owners, and recorded against the title of each inclusionary unit.

B. If the residential development involves the subdivision of land or airspace into individual lots or units and a final map has not been approved and recorded at the time the applicant requests a grading permit or building permit, an interim inclusionary housing affordability covenant shall be recorded against the whole of the property to be subdivided, and shall be replaced by separate recorded inclusionary housing affordability covenants for each lot or unit prior to the sale of any lot, airspace or condominium unit. [Ord. 304 § 2, 2011.]

18.130.090 Eligibility for inclusionary units – Owner occupancy required.

A. Eligibility for Inclusionary Units. No household may purchase or occupy an inclusionary unit unless the city has approved the household’s eligibility as a “low-income household,” and the household and city have executed and recorded an inclusionary housing affordability covenant in the chain of title of the inclusionary unit, as required by CMC 18.130.080.

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B. Owner Occupancy. A household that purchases an inclusionary unit must occupy that unit as its principal residence, as that term is defined for federal tax purposes by the United States Internal Revenue Service. [Ord. 304 § 2, 2011.]

18.130.100 Affordable sales price and long-term affordability restriction.

A. Initial Sales Price. The initial sales price of an inclusionary unit shall be set at the affordable sales price.

B. Transfers and Conveyances. A new inclusionary housing affordability covenant shall be executed upon each change of ownership of an inclusionary unit and upon any transfer or conveyance (whether voluntarily or by operation of law) of an inclusionary unit.

C. Resale Price. In order to maintain the availability of inclusionary units required by this chapter, the resale price of an inclusionary unit shall be limited to the lesser of the following:

1. The fair market value of the inclusionary unit, as established by a licensed real estate agent based upon three comparable properties;

2. The affordable sales price based on the area median income at the time of resale; or

3. The sum of:
a. The selling party’s initial purchase price;
b. Escrow costs, title insurance premiums paid, and other customary closing costs and fees; c. The adjusted amount of any capital improvements for which a building permit has been issued by the city and a certification of occupancy or similar final certification has been filed, or other improvements which add assessed value to the inclusionary unit; and
d. Any applicable transaction fee charged by a real estate professional. e. If the occupant has allowed the unit to deteriorate due to deferred maintenance, the restricted resale price shall be discounted in an amount equal to the costs necessary to bring the unit into conformity with the CMC.

D. Inheritance of Inclusionary Units. Upon the death of an owner of an owner-occupied inclusionary unit, title in the property may transfer to the surviving joint tenant without respect to the income-eligibility of the household. Upon the death of a sole owner or of all owners of an inclusionary unit and the inheritance of the property by one or more non-income-eligible persons, the property shall be sold to an income-eligible household within one year of the time when the deceased’s estate is settled.

E. Forfeiture. If an inclusionary unit is sold for an amount in excess of the resale price controls required by subsection (C) of this section, the buyer and the seller shall be jointly and severally liable to the city for the entire purchase price of the unit. Recovered funds shall be used by the city to accomplish its affordable housing goals.

Notwithstanding the foregoing, it shall be within the discretion of the city manager to allow the buyer and seller 180 days to cure any violation of the resale price controls. [Ord. 304 § 2, 2011.]

18.130.110 Adjustments and waivers.

A. The requirements of this chapter may be adjusted or waived (in whole or in part) by the city if the applicant demonstrates to the planning commission (or the city council on appeal) that applying the requirements of this chapter would constitute a taking of property without just compensation under the California or federal Constitutions.

B. The applicant has the burden of providing economic information and other evidence necessary to establish that application of this chapter to the specific residential development would constitute a taking of the property of the proposed residential development without just compensation.

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C. Application for Adjustment or Waiver. An application for an adjustment or waiver shall be accompanied by all of the following information:

1. The estimated fair market value of the property prior to the application for a development plan, tentative map, or discretionary approval for a residential development to which this chapter applies.

2. The estimated fair market value of the property after completion of the residential development, including the reservation of five percent of the total units for sale to low-income households.

3. The estimated fair market value of the property after completion of the residential development without the reservation of five percent of the total units for sale to low-income households.

4. The estimated cost of any alteration, demolition, and construction required to complete the residential development.

5. The amount paid for the property if purchased within the previous 36 months, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer.

6. Any listing of the property for sale, prices asked, and offers received within the two years prior to the application for a development plan, tentative map, or discretionary approval for a residential development to which this chapter applies.

D. Timing of Waiver Request. To receive an adjustment or waiver, the applicant shall make a request of the planning commission for such an adjustment or waiver and demonstrate the appropriateness of the adjustment or waiver when first applying to the planning commission for review and approval of the development plan, tentative tract map, or other discretionary approval triggering compliance with this chapter.

E. Assumptions. In making a determination on an application to adjust or waive the requirements of this chapter, the planning commission (or the city council on appeal) may assume each of the following when applicable:

1. That the applicant is subject to the inclusionary housing requirement;

2. That the applicant is obligated to provide the inclusionary units in only the most economical manner feasible in terms of construction, design, and location.

F. Written Determination. Within 60 days of the public hearing on the adjustment or waiver request, the planning commission (or the city council on appeal) shall deny the request unless it finds that:

1. Denial of the request would deny the applicant all economically viable use of the property; or

2. Denial of the request would substantially interfere with the applicant’s distinct investment-backed expectations, which expectations may be formulated in part based on land acquisition costs, construction costs, financing costs, or other costs of development; or

3. Denial of the request would otherwise constitute a taking pursuant to the federal or state Constitutions.

G. Modifications to Reduce Obligations. If it is determined that the application of the provisions of this chapter would constitute a taking, the inclusionary housing plan shall be modified to reduce the obligations of this chapter to the extent, and only to the extent, necessary to avoid a taking. If it is determined that no taking would occur, the requirements of this chapter shall apply.

H. Appeal to the City Council. Any action taken by the planning commission made pursuant to a request for an adjustment or waiver pursuant to this section may be appealed to the city council in accordance with the appeal procedures of CMC 18.15.080, Hearings and appeals. [Ord. 304 § 2, 2011.]

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18.130.120 General prohibitions and enforcement.

A. No person shall sell an inclusionary unit at a price in excess of the maximum amount allowed by any restriction placed on the unit in accordance with this chapter.

B. No person shall sell an inclusionary unit to a person or persons that do not meet the income restrictions placed on the unit in accordance with this chapter.

C. No person shall provide false or materially incomplete information to the city or to a seller of an inclusionary unit to obtain occupancy of housing for which that person is not eligible.

D. Enforcement.

1. Any violation of this chapter constitutes a misdemeanor.

2. Forfeiture of Funds. Any individual who sells an inclusionary unit in violation of this chapter shall be required to forfeit all money so obtained. Recovered funds shall be relinquished to the city and used for the development of affordable housing in the city.

3. Legal Action. The city may institute any appropriate legal action or proceedings necessary to ensure compliance with this chapter, including actions:
a. To disapprove, revoke, or suspend any permit, including a building permit, certificate of occupancy, or discretionary approval; and
b. For injunctive relief or damages.

4. Recovery of Costs. In any action to enforce this chapter or an inclusionary housing affordability covenant recorded hereunder, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs. [Ord. 304 § 2, 2011.]

18.130.130 Temporary suspension.

The provisions of this chapter are temporarily suspended as of the effective date of Ordinance No. 304 and shall automatically become reinstituted and take effect on January 1, 2017. The city council may revise the effective date to be earlier or later based upon its determination that the real estate market has recovered sufficiently to allow the implementation of this chapter without unduly hindering or impeding the development of housing in the city. [Ord. 320 § 4, 2012.]
1 Code reviser’s note: See CMC 18.130.130, which temporarily suspends this chapter.

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Chapter 18.135

COMMERCIAL CANNABIS USES AND CULTIVATION
Sections:

18.135.010 Definitions.

18.135.020 Prohibited uses.

18.135.030 Indoor cannabis cultivation.

18.135.040 Exceptions.

18.135.050 Violation – Penalty.

18.135.010 Definitions.

For purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed to them by this section:
“Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” includes cannabis that is used for medical, adult use, or other purposes. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. “Cannabis” also does not include industrial hemp, as defined in California Health and Safety Code Section 11018.5. “Cannabis product” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. “Commercial cannabis activity” means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis product for medical, adult use, or any other purpose and includes the activities of any business licensed by the state or other government entity under California Business and Professions Code Division 10, or any provision of state law that regulates the licensing of cannabis businesses. Commercial cannabis activity does not include the cultivation, possession, storage, manufacturing, or transportation of cannabis by a qualified patient for his or her personal medical use so long as the qualified patient does not provide, donate, sell or distribute cannabis to any other person. Commercial cannabis activity also does not include the cultivation, possession, storage, manufacturing, transportation, donation or provision of cannabis by a primary caregiver, exclusively for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, but who does not receive remuneration for these activities except for compensation in full compliance with California Health and Safety Code Section 11362.765.
“Commercial cannabis use” means the use of any property for commercial cannabis activity. “Compassionate Use Act” means the Compassionate Use Act of 1996 (Proposition 215), codified as California Health and Safety Code Section 11362.5.
“Concentrated cannabis” means manufactured cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product’s potency. Resin from granular trichomes from a cannabis plant is a concentrate.
“Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
“Delivery” means the commercial transfer of cannabis or cannabis products to a customer. “Delivery” also includes the use by a retailer of any technology platform owned.

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The Calimesa Municipal Code is current through Ordinance 41803, passed June 3, 2024December 1, 2025. “Distribution” means the procurement, sale, and transport of cannabis and cannabis products between entities licensed under California Business and Professions Code Division 10, as the same may be amended from time to time.
“Fully enclosed and secure structure” means a space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors.
“Indoor” means within a fully enclosed and secure structure. “Manufacture” means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product. “MAUCRSA” means the Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified in Business and Professions Code Division 10, as the same may be amended from time to time. “Outdoors” means any location that is not within a fully enclosed and secure structure. “Person” means any natural person, firm, corporation, association, club, society, partnership, joint venture, limited liability company, sole proprietorship, collective, cooperative, coop, nonprofit, estate, trust, receiver, syndicate, or any other organization, group or entity or combination of organizations or entities of any kind whatsoever, however formed, as well as trustees, heirs, executors, administrators, and/or assigns, and shall also include any owner, operator, manager, proprietor, employee, agent, officer, volunteer, salesperson, trustees, heirs, executors, administrators and assigns. The term “person” shall also include all persons who have an ownership or leasehold interest in any real property, premises and/or structures in which commercial cannabis activity is occurring. “Primary caregiver” shall have the same meaning as is defined in California Health and Safety Code Section 11362.7(d), as the same may be amended from time to time. “Private residence” means a house, an apartment unit, condominium, or other similar dwelling that is lawfully used as a residence.
“Qualified patient” means a person who is entitled to the protections of California Health and Safety Code Section 11362.5, as the same may be amended from time to time, but who does not have an identification card. [Ord. 353 § 13, 2017.]

18.135.020 Prohibited uses.

A. Commercial cannabis uses are expressly prohibited in all zones and overlay districts in the city. No person shall establish, operate, maintain, conduct or allow commercial cannabis uses anywhere within the city. The city shall not approve any application for a building permit, conditional use permit, variance, or any other entitlement authorizing the establishment, operation, maintenance, development, or construction of any commercial cannabis use.

B. Outdoor cannabis cultivation is expressly prohibited everywhere in the city. No person owning, renting, leasing, occupying or having charge or possession of any parcel shall cause or allow such parcel to be used for cultivating cannabis outdoors.

C. Indoor cannabis cultivation, including cultivation by a qualified patient and primary caregiver, is prohibited except in strict compliance with CMC 18.135.030. [Ord. 353 § 13, 2017.]

18.135.030 Indoor cannabis cultivation.

It is hereby declared to be a public nuisance for any person owning, leasing, occupying, or having charge or possession of any real property in the city to cause or allow such real property to be used for the cultivation of cannabis except in strict compliance with the requirements set forth below.

A. Cannabis cultivation shall only occur indoors at a private residence, or inside an accessory structure located upon the grounds of a private residence.

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Calimesa Municipal Code
Chapter 18.135 COMMERCIAL CANNABIS USES AND

CULTIVATION

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The Calimesa Municipal Code is current through Ordinance 41803, passed June 3, 2024December 1, 2025.

B. Only persons 21 years of age or older may cultivate cannabis. Any cannabis cultivation must comply with the requirements set forth in California Health and Safety Code Sections 11362.1 and 11362.2.

C. Cannabis cultivation is permitted only within fully enclosed and secure structures. [Ord. 353 § 13, 2017.]

18.135.040 Exceptions.

A. The delivery of cannabis to a qualified patient or a primary caregiver from a business located outside the city and licensed under the MAUCRSA, or any other provision of law that permits state licenses for medical cannabis businesses, shall be permitted into the city.

B. Nothing in this chapter shall prohibit any person from transporting cannabis through the jurisdictional limits of the city for delivery or distribution to a person located outside the city, where such transport does not involve delivery or distribution within the jurisdictional limits of the city.

C. Nothing in this chapter shall prohibit a person 21 years of age or older from engaging in any activities authorized under California Health and Safety Code Section 11362.1.

D. Nothing in this chapter shall prohibit any commercial cannabis activity that the city is required by state law to permit within its jurisdiction pursuant to Business and Professions Code Section 26054(c) and (d), as the same may be amended from time to time, or any other provision of the MAUCRSA. [Ord. 353 § 13, 2017.]

18.135.050 Violation – Penalty.

In addition to any other enforcement permitted by this chapter, the city attorney or city prosecutor may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this chapter. In any civil action brought pursuant to this article, a court of competent jurisdiction may award reasonable attorneys’ fees and costs to the prevailing party. Notwithstanding the penalties set forth in CMC 1.20.010, no provision of this chapter authorizes a criminal prosecution, arrest or penalty inconsistent with or prohibited by Health and Safety Code Section 11362.71 et seq., or 11362.1 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under CMC 1.20.010 and any penalties set forth in state law, the maximum penalties allowable under state law shall govern. [Ord. 353 § 13, 2017.]

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17.15.180 Merger of parcels.

A. Purpose and Intent. This section establishes criteria and procedures for parcel mergers required to achieve conformance with other provisions of this title or voluntarily requested on the part of any property owner.

B. Applicability and Filing.

1. A lot consolidation can merge up to four (4) existing contiguous parcels into one parcel. Any lot, parcel or unit of land may be merged with a contiguous lot, parcel or unit held by the same owner if any one of the contiguous lots, units or parcels does not conform to current standards for minimum lot area or dimensions under the regulations of the zoning district applicable to the property without reverting to acreage if all of the following requirements are satisfied:
a. At least one of the affected parcels is:
i. Undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction. ii. Developed only with an accessory structure or accessory structures. iii. Developed with a single structure, other than an accessory structure, that is also partially situated on a contiguous parcel or unit.
iv. A Housing Element Candidate Site.
b. With respect to any affected parcel, one or more of the following conditions exist:
i. Comprises less than 5,000 square feet in area at the time of the determination of the merger.
ii. Was not created in compliance with applicable laws and ordinances in effect at the time of its creation.
iii. Does not meet current standards for sewage disposal and domestic water supply. iv. Does not meet slope stability standards.
v. Has no legal access which is adequate for vehicular and safety equipment access and maneuverability.
vi. Its development would create health or safety hazards. vii. Is inconsistent with the general plan and any applicable specific plan, other than minimum lot size or density standards.
viii. Is a Housing Element Candidate Site and comprises less than 11,500 square feet in area at the time of the determination of the merger.

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2. For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that notice of intention to determine status is recorded.

3. This section shall not apply in the event of existence of any of the conditions delineated in subparagraphs (A) through (E) of Subdivision Map ActGovernment Code Section 66451.11.

C. Incentives and Concessions. Incentives for affordable residential development projects may be granted by the planning commission or city council, depending on the incentives requested. The director of community development, or designee, shall determine the appropriate approval authority. The housing units shall be deed restricted as affordable housing units for no fewer than 55 years. A minimum of 20% of the units shall be affordable to low-income households, as defined in CMC 18.130.020, to be eligible.

Incentives may include, but are not limited to, parking reductions, density bonus, flexibility in the application of established development standards, and reduction or deferral of development impact fees. To receive incentives or concessions, the applicant shall make a request to the planning commission or city council wlisting the specific incentives or concessions requested. In making a determination on an incentive or concession request, the planning commission or city council shall have full discretion.

CD. Authority. Authority for approval of mergers of parcels shall be vested in the planning director. Within 30 days of the lot merger application being accepted as complete, the planning director shall conditionally approve, disapprove, or notify the applicant or representative that the request does not meet the requirements of this section. Whenever the planning director believes that real property should be merged pursuant to this section, then the planning director shall cause to be mailed by certified mail to the thencurrent owner of the real property affected by the merger a notice of intention to determine status, notifying the owner that the affected parcels may be merged pursuant to the standards specified in this section, and advising the owner of the opportunity to request a hearing on determination of status and to present evidence at the hearing that the property does not meet the criteria for merger. The notice of intention to determine status shall also be filed for record with the county recorder on the date the notice is mailed to the property owner, and shall advise the owner that he has 30 days to request a hearing before the planning commission on determination of status (why the notice of merger should not be recorded).

DE. Hearing and Determination. At any time within 30 days after recording of the notice of intention to determine status, the owner of the affected property may file with the planning director a request for hearing by the planning commission on determination of status. Upon receiving such request for hearing, the planning director shall cause to be fixed the time, date and place for hearing, and shall cause the property owner to be notified of that time, date and place for hearing by certified mail. The planning commission shall hold a public hearing on any merger pursuant to CMC 17.15.200 no later than 60 days following

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receipt of such property owner’s request. At the hearing the property owner shall be given the opportunity to state his objection and present the evidence upon which he relies. The hearing may be postponed or continued with the mutual consent of the city and the property owner. If the planning commission finds that the conditions constituting merger have not occurred, or that the findings required to maintain the lots, parcels or units of land as unmerged can be made, then it shall determine that no merger has occurred and the commission shall instruct the planning director not to file the notice of merger. Otherwise, the planning commission shall determine that the affected parcels are to be merged. The planning director shall notify the property owner of the planning commission’s decision. The planning director shall record the determination of merger with the county recorder within 30 days after conclusion of the hearing, as provided in Section 66451.12 of the Subdivision Map Act.

EF. Determination Without Hearing. If within the 30-day period specified in subsection (CD) of this section the owner does not file a request for a hearing in accordance with subsections (CD) and (DE) of this section, the planning director may, at any time thereafter, make a determination that the affected parcels are to be merged or are not to be merged. A determination of merger shall be recorded as provided for in Section 66451.12 of the Subdivision Map Act no later than 90 days following the mailing of notice required by subsection (CD) of this section.

FG. Recording and Mailing Notification Not to Merge. If it is determined that the parcels shall not be merged, the planning director shall cause to be recorded with the county recorder, in the manner specified in Section 66451.12 of the Subdivision Map Act, a release of the notice of intention to determine status, and shall mail a clearance letter to the then-current owner of record. [Ord. 96-8 § 2; Code 1990 § 13.3.18.]

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Accessory Dwelling Unit
Handbook

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ACCESSORY DWELLING UNIT HANDBOOK ACCESSORY DWELLING UNIT HANDBOOK City of Calimesa City of Calimesa  2

TABLE OF CONTENTS
Overview ..................................................................................................................................... 3 How to use this Handbook.............................................................................................................. 3 Introduction............................................................................................................................... 4 What is an ADU? ............................................................................................................................. 4 Why Build an ADU? ......................................................................................................................... 4 What is the Law for ADUs in California? ......................................................................................... 4 ADU Types.................................................................................................................................. 7 Detached ADU ................................................................................................................................ 7 What a detached ADU may look like:........................................................................................................ 7 Attached ADU ................................................................................................................................. 7 What an attached ADU may look like:....................................................................................................... 7 Conversion ADU .............................................................................................................................. 8 What an conversion ADU may look like:.................................................................................................... 8 Junior ADU (JADU) .......................................................................................................................... 8 What an JADU may look like: ................................................................................................................... 8 ADU Development Standards........................................................................................ 9 Process Overview ............................................................................................................... 10 FAQ............................................................................................................................................... 11 Resources................................................................................................................................ 12

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ACCESSORY DWELLING UNIT HANDBOOK City of Calimesa
 3

OVERVIEW
The purpose of this handbook is to educate and guide homeowners in the City of Calimesa through the process and procedures of building an Accessory Dwelling Unit (ADU). This handbook provides information on the different types of ADUs, the laws surrounding ADUs, and a step-by-step guide to developing ADUs.

How to use this Handbook
Use this handbook as a guide to help you determine what type of ADU you can build, understand the permitting process and procedures, and get answers to any other questions you may have. If you have additional questions or need more information, please refer to the FAQ section for contact information for the Calimesa Planning Department and the Calimesa Building and Safety Department. Additionally, to reference the City’s ADU Ordinance, please see Chapter 18.20 of the Calimesa Municipal Code (CMC).

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ACCESSORY DWELLING UNIT HANDBOOK ACCESSORY DWELLING UNIT HANDBOOK City of Calimesa City of Calimesa  4

INTRODUCTION
What is an ADU?
Accessory Dwelling Units (ADUs), also known as granny flats, in-law units, backyard cottages, and casitas, are residential units that can be added to a lot with an existing single-family or multi-family dwelling. These units are selfcontained with their own kitchens, bathrooms, living areas, and entrances.

ADUs can be built in various forms, such as: detached (a separate building in a backyard); attached to or part of the primary residence; garage conversions; or accessory building conversions (such as a shed, pool house, etc.). ADUs have the potential to increase the supply of affordable housing in our community. In recent years, California has enacted state laws to streamline and encourage the development of ADUs and require cities to facilitate the building process.

Why Build an ADU?
There are many reasons for building an ADU on your lot. ADUs can provide more housing options for renters, extended family, young adults, caregivers, or space for multi-generational households. ADUs can increase a property’s value and can even generate a second source of income for homeowners which can cover mortgage payments and make ends meet – especially for homeowners on a fixed income. Furthermore, ADUs built with an inexpensive wood-frame structure, construction costs significantly less than new multifamily homes.

What is the Law for
ADUs in California?
California Government Code Section 65852.150 declares that the state is facing a severe housing crisis and recognizes ADUs as a valuable form of housing that can significantly contribute to meeting the housing needs of many communities.

The law acknowledges that ADUs are a way to provide affordable housing options within existing neighborhoods without necessitating the subdivision of land to create new parcels. Passed in 2021, Senate Bill (SB) 9 (Chapter 162, Statutes of 2021) allows for the creation of up to four housing units typically used for one single-family home.

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ACCESSORY DWELLING UNIT HANDBOOK City of Calimesa
 5

ADU TYPES
Detached ADU
A detached ADU is a physically separated unit from the primary single-family or multi-family home, commonly known as a “backyard home.” This type of ADU is the most versatile, offering a wide variety of design options since it is a new freestanding home. Detached ADUs are the most expensive ADU type as it usually involves more complexity during permitting and construction. The higher price is due to factors such as the installation of new water, sewer, and electrical connections to the street and/or overhead power lines.

Attached ADU
An attached ADU is a residential unit that is connected to the primary home. Construction costs for attached ADUs are similar to a detached ADU, however, there are usually cost savings on utility connections as these can be linked directly through the primary residence, rather than creating new connections to the street or overhead power lines. Attached ADUs are limited in size to 50% of the total floor area of the primary residence.

What a detached ADU may look like:

What an attached ADU may look like:

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 6
Conversion ADU
A conversion ADU is when an existing structure, such as a garage or carport, is converted into a separate dwelling unit. Conversion ADUs are a cost-effective approach to designing, permitting, and building an ADU, because homeowners are typically able to use existing foundations, framing, roof systems, and plumbing/ electrical systems. Additionally, as it is not a new build, permitting fees are generally lower. However, the ADU is limited to the size/configuration of the existing structure and therefore design options can be more limited compared to new construction.

Junior ADU (JADU)
A Junior Accessory Dwelling Unit (JADU) is a smaller type of Accessory Dwelling Unit (ADU) that is limited to 500 square feet. It must be a conversion of existing space entirely contained within an existing or proposed single-family residence and have a separate entry. Garages and other non-living spaces can be converted to a JADU if they are attached to the primary residence. A JADU must include cooking and food storage areas.

However, JADUs may include their own sanitation facilities or may share sanitation facilities with the existing structure. A property can have both an ADU and a JADU. However, no more than one ADU and one JADU shall be permitted on any one lot.

What an conversion ADU may look like:

What an JADU may look like:

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 7

ADU DEVELOPMENT STANDARDS
Table 1: ADU Development Standards
JADU Single Family ADU
ADU Type Interior
Conversion Attached Conversion Detached
Zoning Allowed in existing Allowed on all lots within a residential zone or mixed use zone that allows residential uses.

Maximum Size 500 square feet
• 50 percent of the proposed or existing primary
dwelling living area.
• The total floor area should not exceed 1,200 square feet.

Front Setback
N/A
Same as base zone.

N/A
Same as base zone.

Side Setback 4 feet 4 feet
Rear Setback 4 feet 4 feet
Maximum Height N/A
25 feet or height
limitation in the local
zoning ordinance
that applies to the
primary dwelling,
whichever is less.

N/A 18 feet
Entrance Must have own separate exterior entrance.

Bathroom
Can share with
primary dwelling
or have its own.

Separate Bathroom Required.

Kitchen Efficiency
or Full Kitchen. Full Kitchen.

Parking
Requirements
No additional parking is required if the
unit is part of the proposed or existing
primary residence or an existing
accessory structure.
1 off-street parking space required unless
the property is located within 1/2 mile
walking distance from a transit stop*.

Short Term Rental Short Term Rentals are prohibited.

Impact Fees
No impact fees on ADUs under 750 square feet.

Impact fees for ADUs larger than 750 square feet.

Additional Fee’s Required
Owner Occupancy
Homeowner must
occupy the primary
or JADU unit.

No owner occupancy requirements.
*Other exemptions to the parking requirement: The accessory dwelling unit is located within an architecturally and historically significant historic district; on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; when there is a designated parking space for a car share vehicle located within one block of the accessory dwelling unit; or if ADUs submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the project satisfies the existing single-family or multi-family parking requirements.

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1 2
3 4

PROCESS OVERVIEW
Confirm Eligibility and Allowed Size of ADU and JADU
) Contact the Planning Department to discuss your ideas and determine the easiest path to approval. This meeting will allow you to discuss and understand any development constraints or site-specific factors that may delay your ADU development. ) Determine if your property is eligible for ADU development and what the maximum size you can build is.
) Utilize ADU finance tools (tools can be found in the resources section below) to help assist in estimating costs.

Design and Preparation
) Determine if you will build a new ADU or JADU or convert an existing structure. If building an ADU, you should determine if your ADU will be attached or detached. ) Determine how you will draft up plans. Consider whether it will be best to hire a designer or architect to draw up your site plans.
) Determine your choice in construction. You can hire a General Contractor to manage and complete the construction or obtain an owner/builder permit to allow you to manage and complete the project yourself or through sub-contractors.

Submit Plans and Required Documents to Obtain a Building Permit ) To determine if your plans are in compliance with code, your proposed ADU or JADU will need to go through plan check from the Planning Department.
) Your permit process will require plan review, building, and electrical at the minimum. The required documents for these reviews include: a comprehensive site plan, landscaping plans, a preliminary title report, approval of the Homeowners Association (if applicable), a grading permit, and an ADU or JADU covenant. Refer to the submittal requirements and the New Residential Dwelling Plan Review and Building Permit submittal Requirements, for an in-depth detail of what is required for your application.
) The timing of permit approvals may take several weeks for each round. All applications and plans can be uploaded online via the Online Permit Portal.

Obtain Permits, Register Your ADU or JADU and Pay Associated Permit/ Impact Fees
) Obtain your Building Permit and any other necessary permits. ) Get your ADU or JADU covenant recorded with the City of Calimesa. ) Pay all permit and impact fees. Fees vary both by size and by method of construction.

Begin Construction of Your ADU or JADU
) Ensure compliance with all state and City codes and regulations. This is done by undergoing all the required inspections. 5

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ACCESSORY DWELLING UNIT HANDBOOK ACCESSORY DWELLING UNIT HANDBOOK City of Calimesa City of Calimesa  9
FAQ
a Does my zone allow for an ADU?
Pursuant to California Government Code Section
66323(a) and the Calimesa Municipal Code, the
City shall ministerially approve an application
for an ADU or JADU within a residential zone or
mixed use zone that allows residential uses. ADUs
greater than 801 SF require a Minor Development
Plan Review (MDPR).
a Who can I talk to for ADU-related
planning questions?
You can contact the City of Calimesa’s Planning
Department, via phone at 909-795-9801, or email
at [email protected].
a If I convert a garage to an ADU,
do I have to replace parking?
If you build an Accessory Dwelling Unit (ADU)
by converting or demolishing a garage, carport,
or other covered parking structure, you are not
required to replace the eliminated parking spaces
as long as the ADU remains in use as a legal ADU.
a Will I need to install fire sprinklers
in my ADU?
Fire sprinklers are not required for ADUs if they
are not required for the primary residence, as
determined by the fire marshal. The construction
of an ADU shall not trigger a requirement for
fire sprinklers to be installed in the existing
primary dwelling.
a Will adding an ADU raise my
property taxes?
No, per SB 1164, ADUs built between January 1,
2025, and January 1, 2030, are exempt from being
categorized as “new construction.” As a result,
these ADUs will not increase your property taxes.
a Do ADUs required separate
exterior access?
Yes, ADUs must have separate exterior access.
a What is the smallest size my ADU
can be?
In no case shall an ADU be less than an 150 square
feet, as defined in California Health and Safety
Code Section 17958. These smaller ADUs may be
considered “efficiency units.”
a Can I build more than one ADU?
You can build both an ADU and a JADU. However,
for properties with single-family structures, no more
than one accessory dwelling unit and one junior
accessory dwelling unit shall be permitted on any
one lot. Existing multi-family properties can build
up to eight (8) detached ADUs or up to the existing
multi-family units on the lot, whichever is less. Only
two detached ADUs are permitted on a lot with a
proposed multi-family dwelling. Additonally, owners
may convert non-habitable spaces within existing
multi-family structures into ADUs.
a What is an efficiency kitchen?
An efficiency kitchen is a compact and minimal
kitchen area. At minimum, an efficiency kitchen
must have a cooking facility with appliances, a food
preparation counter, and storage cabinets that are
appropriately sized.
a What are the applicable fees for my
ADU?
Based on ADU type, materials used, and
size. Additional fees include permitting, utility
connections and impact fees. Details of anticipated
fee’s can be found in the Calimesa Fee Schedule.
a Can I sell my ADU separate from the
home?
The ADU cannot be sold separately from the primary
residence. (Section 18.20.050(I) of the CMC).

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ACCESSORY DWELLING UNIT HANDBOOK City of Calimesa
 10

RESOURCES
The following are external resources providing additional information and sources to help guide you through the ADU process.
¶ City Contacts
Planning Department: Phone 909-795-9801, Email [email protected] Building and Safety Department: Phone 909-795-9801, Email [email protected] ¶ HCD ADU Website
This resource from the California Department of Housing and Community Development provides additional information on ADUs, legal requirements, and other useful information for homeowners. ¶ ADU Handbook
Provided by the California Department of Housing and Community Development, this resource offers a summarized guide to ADU laws and state requirements.
¶ Calimesa Fee Schedule
This resource provides homeowners with an idea of potential costs for permits. Additionally, ADUs over 750 square feet are subject to impact fees. An impact fee is a one-time financial charge by a local government on new development projects to help fund the construction or expansion of public infrastructure and services needed to support that development.
¶ ADU for Lenders | ADU Grant | CalHFA
This resource provides information about a grant that homeowners can apply for to help with the construction of ADUs. The ADU Grant provides up to $40,000 towards pre-development and non-recurring closing costs associated with the construction of the ADU. Pre-development costs include site prep, architectural designs, permits, soil tests, impact fees, property surveys, and energy reports. ¶ ADU Possibilities On Your Lot
To help determine the potential for an ADU on your property, this resource helps you gather lot and zoning information of your home.
¶ Accessory Dwelling Unit Application Requirements
This resource by the City of Calimesa outlines in detail the required application requirements for an ADU application. Application requirements include:
— One (1) copy of the City of Calimesa Master Land Use Entitlement Application, — One (1) copy of the Accessory Dwelling Unit Clearance Eligibility Worksheet, — One (1) copy of the Affidavit for Accessory Dwelling Unit Application, — Six (6) copies of the proposed ADU plans.
— One (1) letter of Approval from the Homeowners Association (if applicable).

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908 Park Avenue
Calimesa, Ca 92320
City of Calimesa (909)795-9801 Fax (909)795-6187
Planning Department
THE HOUSING CRISIS ACT OF 2019 – REPLACEMENT

UNIT DETERMINATION
Please carefully read the summary below, which outlines the limitations to demolishing residential units and whether affordable units will be required in the proposed project.

Effective January 1, 2020, and as further amended, “The Housing Crisis Act of 2019,” (HCA) establishes a statewide “housing emergency” until January 1, 2030. The provisions of AB 1218 also apply to all development projects approved by the City on or after January 1, 2024, that involve the demolition or removal of a dwelling unit, with exceptions for certain industrial projects. AB 1218 clarifies that the obligation to replace Protected Units does not apply to any units demolished prior to January 1, 2020. The HCA applies to all development projects through 2034 when a development application is submitted to the City before January 1, 2030.

During the housing emergency, the Housing Crisis Act suspends certain restrictions on the development of new housing and expedites the permitting of housing. During the housing emergency, jurisdictions with denser populations, such as Calimesa, are generally prohibited from rezoning or imposing new development standards that would reduce the net capacity for housing or adopting new design standards that are not objective. In these jurisdictions, the jurisdiction can only approve a project that requires the demolition of existing housing units if the project includes at least the same number of units as are demolished.

Replacement of Existing Housing Units
The HCA requires housing projects that will demolish existing residential units to create at least as many units as the greatest number of residential dwelling units that existed on the project site within the last five years, including any demolished units. If a housing or non-housing project demolishes “protected” units, as specified below, special provisions apply. The following requirements shall only be applied to housing development projects that submit a complete project application after January 1, 2020, and non-housing project applications submitted after January 1, 2024, with exceptions for certain industrial projects.

The City may not approve a housing development project that requires the demolition of existing residential units unless the replacement project includes at least as many residential units as the greatest number of residential dwelling units that existed on the project site within the last five years, including any demolished units.

Certain requirements apply to housing and non-residential development projects that would demolish any existing “protected” units. Protected units are units that are or were in the five years prior to the development application:
• Affordable units deed-restricted to households earning below 80% of Area Median Income (AMI); • Subject to a local rent control program;
• Rented by low-income households earning below 80% of AMI; or • Withdrawn from the rental market under the Ellis Act within 10 years prior to development application.

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Single-family homes may also be considered protected units. Units constructed without permit may be considered protected units if they meet any of the criteria above. Except in limited circumstances, any development project that would demolish any protected units shall, as a condition of approval, provide replacement units of the same number of bedrooms, and at an affordable rent or sales price to households of the same or lower income category as that of the last household in occupancy of the unit in the past five years. Such rental units shall remain under the affordability restriction for a period of at least 55 years. The low-income categories defined in state law are:
• “Extremely low income” households earning up to 30% of AMI, • “Very-low income” households earning up to 50% of AMI, and • “Lower income” households earning up to 80% of AMI.

Where the household income of current or previous occupants is not known, the replacement units shall be provided as affordable to very-low (earning up to 50% AMI) and low-income households (earning between 50% and 80% of AMI) in an amount proportional to the number of very low and low-income households present in the jurisdiction according to the most current data from the Comprehensive Housing Affordability Strategy (CHAS) database provided by the Department of Housing and Urban Development (HUD). Where the existing units to be demolished are subject to a local rent control program and the last household in occupancy earned moderate or above moderate income (above 80% of AMI), the project shall provide either:
• Replacement units affordable to low-income households (i.e., earning up to 80% of AMI) for a period of at least five years; or
• Replacement units that are subject to the City’s rent control program, if applicable.

Effective January 1, 2022, Senate Bill 8 clarifies that replacement units can be constructed even if they exceed local density controls. If the project is not a housing development project, the project applicant must ensure that any required replacement housing is developed prior to or concurrently with the development project. The replacement housing may be located on a site other than the project site but must be located in the City of Calimesa. The project applicant may contract with another entity to develop the required replacement housing.

Relocation Assistance and Right of Return
Projects proposing the demolition of any protected units shall, as a condition of approval, provide all of the following to occupants of such protected units:
• For lower-income households, a right of first refusal to a comparable unit in the replacement project that shall be provided at a rent or sale price affordable to households of the same or lower income category, except when the replacement project is a single residential unit, a single-family home, or a 100% affordable project.
• For lower income households, relocation benefits pursuant to state or local law, whichever requires greater assistance.
• For all households, right to remain in the unit until six months before the start of construction. • For all households, right to return if demolition does not proceed and units are returned to the rental market.

The HCA was amended by Senate Bill 8 (2021) to apply to single-family homes. If a single-family home has been rented by a lower income household within five years preceding the date of the application, then the single-family home is considered a protected unit.

If a housing development project proposes to demolish a single-family home and construct a new singlefamily home, then the project applicant must provide relocation benefits to the current renters of the home

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but are not required to offer the existing renters a right of first refusal for the new single-family home. The new single-family home may be provided at any size and at any income level. If the housing development project proposes to demolish a single-family home and construct a building with two or more units, then the project applicant must comply with the replacement, relocation, and right of first refusal requirements as set forth above. If the protected single-family home included three bedrooms or fewer, the replacement unit must include at least the same number of bedrooms as the existing single-family home. If the protected singlefamily home contained four or more bedrooms, then the replacement unit must include at least three bedrooms. The replacement unit is not required to have the same or similar square footage or the same number of total rooms.

The HCA was amended effective January 1, 2024, to require a notice be sent to existing tenants alerting them to the proposed construction. The project applicant shall provide existing occupants with written notice of the planned demolition, the date they must vacate, and their rights under the Housing Crisis Act. Notice shall be provided at least six months in advance of the date that existing occupants must vacate.

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REPLACEMENT UNIT DETERMINATION (RUD) FORM
Contact Information
Who is the primary project contact? ☐ Owner ☐ Applicant ☐ Owner’s Agent/Representative Property Owner Name: ________________________________________________________________ Email:_________________________________________ Phone:_______________________________ Mailing Address: _____________________________________________________________________ Applicant Name (if different from Property Owner): _________________________________________ Email:_________________________________________ Phone:_______________________________ Mailing Address: _____________________________________________________________________ Owner’s Agent/Representative Name (if applicable): _________________________________________ Email:_________________________________________ Phone:_______________________________ Mailing Address: _____________________________________________________________________ Existing Property
Project Site Address:___________________________________________________________________ Assessor Parcel Numbers (APNs):________________________________________________________ ____________________________________________________________________________________ Zoning and General Plan Land Use:_______________________________________________________ Proposed Number of Units to be Demolished:_______________________________________________ Number of New Units Proposed: _________________________________________________________

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PROPOSED PROJECT
Project Description:

1. Will the project require any existing residential dwelling units to be demolished? ☐ Yes ☐ No

2. If so, how many existing dwelling units will be demolished? ____________________

3. As of the date of the application, how many of the existing units that will be demolished are occupied by renters?__________________________________ _________________________________________________________________________

4. What is the greatest number of residential dwelling units that existed on the project site within the last five (5) years? ____________________________________

5. Have any residential dwelling units that existed on the project site within the last five (5) years been demolished?
☐ Yes ☐ No

6. If so, identify the number of dwelling units that have been demolished and the date each was demolished using the Tenant Information Table (use multiple sheets, if necessary).

7. For each dwelling unit that is proposed to be demolished, or that was previously demolished within the last five (5) years (whether occupied or vacant), provide the following information:
a. The address (including apartment or unit number) of the dwelling unit. b. The number of bedrooms in the dwelling unit.
c. Was or has the dwelling unit been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower- or very-low income within the last five (5) years?
☐ Yes ☐ No

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d. Was or has the dwelling unit been occupied by one or more lower-income households within the last five (5) years?
1 ☐ Yes ☐ No ☐ Unknown2

8. For each existing dwelling unit occupied by renters that will be demolished, provide the following information2:
a. The number of bedrooms in the dwelling unit.
b. The number of persons residing in the household.
c. The annual income level of the household.
d. A copy of the Lease.

9. For each existing vacant dwelling unit that will be demolished, and for each dwelling unit that has been demolished in the last five (5) years, the rebuttable presumptions as to the income level of prior occupants required to be made pursuant to Government Code Section 66300(d)(2)(E)(iii) and 65915(c)(3)(B) apply. If the applicant intends to rebut these presumptions for any unit, provide the following information for the unit(s)2:
a. The current or prior address of the dwelling unit (including apartment or unit number). b. The number of bedrooms in the dwelling unit.
c. The dates of occupancy by the household for which the information is provided. d. A copy of the Lease for the relevant occupancy period. e. The number of persons residing in the household during the relevant period. 1 To determine if a unit is or was occupied by a “lower income household” or a “very low-income household”, refer to the definitions set forth in California Health and Safety Code §§ 50079.5 and 50105 and the current list of State Income Limits maintained by the California Department of Housing and Community Development. To verify this information, the applicant will need to know, and the tenant(s) will need to verify, the number of persons in the household, the number of bedrooms in the unit, and the annual income level of the household. If the unit is currently occupied renters, to answer “yes” the applicant must know and verify this information for the existing household occupants. If the unit has been vacated, but there remain other units on the site that are currently occupied, to answer “yes” the applicant must know and verify this information for the last household in occupancy. If all dwelling units on the project site have been vacated or demolished within the last 5 years, to answer “yes” the applicant must know and verify this information for the persons or families in occupancy at the point in time during the preceding 5 year period when the greatest number of residential dwelling units existed on the project site. The applicant certifies and declares under penalty of perjury under the laws of the State of California that the answers furnished in their responses, and that the facts, statements, and information presented are true and correct.
2 If it is unknown and/or cannot be verified whether each dwelling unit is/was occupied by a lower- or very low-income household within the last five (5) years, the rebuttable presumptions set forth in Government Code §65915(c)(3)(B) will apply. When a housing project will require the demolition of residential dwelling units currently occupied by renters, and the household income levels are unknown and/or cannot be verified, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the City, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. When all rental residential housing units on a site have been vacated or demolished in the last 5 years, and the household income levels of the previous renters are unknown and/or cannot be verified, it shall be rebuttably presumed that low income and very-low income renter households occupied these units in the same proportion of low income and very-low income renter households to all renter households within the City, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database.

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f. The annual income level of the household during the relevant period, supported by income verification documents as listed in the Income Certification Review Checklist. g. The current address, telephone number, or other valid contact information for the prior occupants of the household for which the information is provided. h. A notarized document signed by the prior tenant(s) verifying all of the above information.

CERTIFICATION:

I certify and declare under penalty of perjury under the laws of the State of California that the answers furnished above, and in the attached exhibits, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. I further understand that additional information may be required to be submitted to the City of Calimesa to complete my review. ________________________________________ __________________________________________ Signature Date

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TENANT INFORMATION TABLE
The information in this table shall be provided to the City by the property owner or applicant of the proposed project. A separate table shall be filled out for each associated property. Please copy and attach an additional table if needed. Additionally, please provide copies of signed leases for each unit, which will be used to verify the information provided on this form. Please note if two or more individuals are listed on a lease and/or rental agreement, please list each tenant on a separate line.

Address: ________________________________________________________________________________________________________ Assessor Parcel Numbers (APNs):____________________________________________________________________________________

OCCUPANT
NAME
UNIT
NUMBER
UNIT

BEDROOM
COUNT

OCCUPANCY
DATES
RENT
AMOUNT

OCCUPANT
PHONE
NUMBER

OCCUPANT EMAIL

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If a unit is not rented and/or currently vacant, please use the table below to explain its current use and last date of tenancy.

UNIT NUMBER UNIT BEDROOM COUNT LAST DATE OF TENANCY CURRENT USE CERTIFICATION:

I certify and declare under penalty of perjury under the laws of the State of California that the answers furnished above, and in the attached exhibits, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief.

I further understand that additional information may be required to be submitted to the City of Calimesa to complete my review. ________________________________________ __________________________________________ Signature Date

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RENTAL UNIT DOCUMENTS3 FOR INCOME CERTIFICATION REVIEW CHECKLIST Checklist of requirements for EACH adult household member (over 18 years of age):

1. If employed, provide the following documents:
☐ Copies of three (3) months consecutive recent pay stubs for every employer; or ☐ Copies of two (2) most recent income tax returns; or
☐ W-2 form

2. If self-employed, provide the following documents:
☐ Signed copies of two (2) most recent years’ income tax returns with Schedule C (1099 if Applicable)
☐ Current six (6) month profit and loss statement

3. If an adult household member is not employed, provide:
☐ Certification of zero income
☐ IRS Verification of Non-filing Letter

4. If an adult household member is receiving other benefits, provide:
☐ Proof of any income (e.g., Social Security, Award Letter, Pension, unemployment checks, child support, alimony Public Assistance, CAPI, TANF/AFDC, Disability and/or Worker’s Compensation Benefit Information, General Assistance, or other sources of income)

5. If an adult household member is a full-time student, provide:
☐ Verification of full-time student status
3 To the extent permissible under law, the City will not treat income documentation as information to be disclosed under the Public Records Request Act, in the interest of encouraging accurate information and reporting.

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OWNER’S AFFIDAVIT
(use when owner is the applicant)
_______________________________________________, (“Owner”) hereby certifies that:

1. Owner is the legal owner of the above-referenced real property (“Property”); and

2. That the person(s) identified below (“Authorized Signatory/ies”) has/have been legally authorized to sign on behalf of the owner(s) or ownership entity as evidenced by the separate instrument(s) attached herewith; and

3. The documents furnished to the City of Calimesa in conjunction herewith, represent the full and complete information required for the Replacement Unit Determination requested for the Property and that the facts, statements and information presented are true and correct to the best of its knowledge and belief.

4. Owner acknowledges that all occupants of Protected Units have the right to remain in their units until six (6) months before the start of construction activities, and the project proponent shall provide existing occupants with written notice of the planned demolition, the date the occupants must vacate, and their rights under California Government Code Section 66300.3(b)(4). Notice shall be provided at least six months in advance of the date that existing occupants must vacate. All Lower Income Household occupants of Protected Units are also entitled to: (a) Relocation benefits also subject to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code, and any implementing regulations and (b) the right of first refusal (“Right to Return”) to a comparable unit (same bedroom type) at the new Project following completion and that depending income level at the time of lease up or sale, if applicable, may be entitled to return at an affordable rent per California Health & Safety Code Section 50053 or an affordable housing cost pursuant to California Health & Safety Code 50052.5, unless otherwise exempt pursuant to California Government Code Section 66300.6(b)(4)(B)(i) or (ii). The owner acknowledges and will offer the first right of refusal to qualified households.

Owner declares under penalty of perjury under the State of California that the foregoing is true and correct. *Attach California Notary Public Acknowledgement
Executed on _____________________________ in ________________________________, California (date) (city)
Print Full Name of Authorized Signatory/ies: _______________________________________________ Signature of Authorized Signatory/ies: ____________________________________________________

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OWNERSHIP INFORMATION REQUIREMENTS
A letter from the Owner or Applicant (on business letterhead as applicable) to the City, attesting to ownership of the Property and confirming that Applicant is the potential future developer of the Property, that Owner is aware of, has no objections to, and authorizes the Applicant to submit a Replacement Unit Determination to the City of Calimesa for its property.

The following documentation must be submitted at the time of filing:
• Grant Deed – This is required if the Riverside County Assessor’s Records do not match the current ownership as listed on the application. The deed information should match the property owner as listed above.
• Letter of Authorization – This is required if the property owner does not sign the application. The property owner may instead provide a signed and dated letter in lieu of their original signature on this form, which must authorize the signatory of this application. Please see attached Letter of Authorization Example.
• Ownership Entity Documentation – This is required if the property is owned by an entity rather than an individual. Please provide the applicable required documentation for the type of ownership entity, as shown in the table below.

OWNERSHIP DOCUMENTATION REQUIREMENTS
Type of Property Owner Required Ownership
Documentation
Documents that May be Required
(If Applicable)
Individual N/A Grant Deed, Letter of Authorization
Limited Liability Company
(LLC)
Operating Agreement or
Articles of Incorporation
Grant Deed, Letter of Authorization
Corporation Articles of Incorporation,
Bylaws, and/or Meeting
Minutes
Grant Deed, Letter of Authorization
Limited Partnership (LP) Partnership Agreement Grant Deed, Letter of Authorization Trust Trust Instrument Grant Deed, Letter of Authorization

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OWNER AND TENANT AFFIDAVIT RE: TENANT RIGHTS
I/We _______________________ am a/are an existing tenant(s) (“Tenant”) of Address/Unit #____, a ___ bedroom unit, at the above-referenced real property (“Property”) which is owned by________________________ (“Owner”). I/We will be displaced from the Property and must vacate the Property by ________, 202_, due to its pending demolition for the construction of a proposed development project (the “Project”).

I/We acknowledge that the Owner has provided me/us with notice that:

1. All occupants of Protected Units have the right to remain in their units until six (6) months before the start of construction activities, and the project proponent shall provide existing occupants with written notice of the planned demolition, the date the occupants must vacate, and their rights under California Government Code Section 66300.3(b)(4). Notice shall be provided at least six months in advance of the date that existing occupants must vacate.; and

2. All Lower Income Household occupants of Protected Units are also entitled to: (a) Relocation benefits also subject to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code, and any implementing regulations., and (b) the right of first refusal (“Right to Return”) to a comparable unit (same bedroom type) at the new Project following completion and that depending income level at the time of lease up or sale, if applicable, may be entitled to return at an affordable rent per California Health & Safety Code Section 50053 or an affordable housing cost pursuant to California Health & Safety Code 50052.5, unless otherwise exempt pursuant to Government Code Section 66300.6(b)(4)(B)(i) or (ii).

IF YOU ARE A LOWER INCOME HOUSEHOLD, CHECK ONE:
_______ I/We have opted to exercise my/our Right to Return to the new Project and have informed the Owner. Owner has agreed to contact me/us _____________________________________________ at least 3 months before lease up or sale if applicable, to confirm the availability of the comparable unit at the Project. I/We understand that my/our current income documentation must be provided to Owner at this time and certified by the City so that the rent level or sales price if applicable for the comparable unit may be determined. I/We understand that only income qualified households are entitled to return at an affordable rent or an affordable housing cost: OR
_______ I/We hereby decline to exercise my/our Right to Return to the new Project.

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Tenant and Owner hereby declare under penalty of perjury under the State of California that the foregoing is true and correct.

Additional signature blocks may be added if needed.

FOR TENANT:
______________________________________
Print Name
_____________________________________
Signature
FOR OWNER:
__________________________________________
Print Name
___________________________________________
Signature
**This is NOT an Eviction Notice**
**This is part of the owner's application for the project, which has not yet been approved and is NOT FINAL.**

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908 Park Avenue
Calimesa, Ca 92320
City of Calimesa (909)795-9801 Fax (909)795-6187
Planning Department
SENATE BILL 25/423 ELIGIBILITY CHECKLIST AND

NOTICE OF INTENT

ELIGIBILITY CHECKLIST AND PRELIMINARY APPLICATION
Prior to submitting and SB 35/423 application, the applicant must confirm their proposed development is eligible for streamlined and ministerial review under SB 35/423. The Eligibility Checklist is provided below.

Prior to submitting and SB 35/423 application, the applicant must also submit a preliminary application with a “Notice of Intent” to invoke SB 35/423. The City of Calimesa will submit this application to local Native American tribes as an invitation to engage in a scoping consultation. The City’s preliminary application form is attached describing the required information.

City of Calimesa Staff Verification of Completion: _______________________

SCOPING CONSULTATION
The City of Calimesa must contact certain California Native American tribes within 30 days of the submittal of a complete preliminary application, and the Native American tribes contacted have 30 days to request a scoping consultation. If no consultation is requested, the project is eligible to submit an SB 35/423 application.

If consultation is requested, the City of Calimesa will initiate the consultation within 30 days of receipt of the request. An SB 35/423 application cannot be submitted unless an agreement is reached with the tribes if consultation is requested.

City of Calimesa Staff Verification of Completion: _______________________

PUBLIC MEETING
If the proposed project is located in a moderate resource area, low resource area, or an area of high segregation and poverty, as shown on the “CTCAC/HCD Opportunity Map,” no SB 35/423 application can be filed until a public meeting is held on the project. The meeting must be held by the Calimesa City Council within 45 days of the submittal of a complete preliminary application. The applicant must attend the meeting.

Calimesa Staff Verification of Completion: _______________________

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SB 35/423 ELIGIBILTY CHECKLIST AND PRELIMINARY APPLICATION FORM

SUBMITTAL REQUIREMENTS
The following information is required for a complete application. State law does not allow the City of Calimesa to accept a project application until a public meeting, if required, has been filed, and the tribal consultation and scoping process has been completed.

The SB 35/423 eligibility checklist and preliminary applications are reviewed to determine if the application qualifies for Streamlined Ministerial Review under SB 35/423 (Government Code Section 65913.4).

Applications that are not eligible for Streamlined Ministerial Review or that do not provide sufficient information to determine compliance with the City of Calimesa standards will be denied and must be resubmitted. The purpose of this form is to determine if the project meets the eligibility standards established in state law for Streamlined Ministerial Review.

Please enter a response to each prompt below. Contact the Planning Division for any questions.

Requirement Applicability Yes No N/A
Housing Type
Multi-family or
Mixed-use
The development is a multifamily housing development
containing at least two or more net new residential units, or a mixed-use project where at least 2/3 of the square footage is dedicated to residential uses.

Consistent with
Objective Standards
The project meets all objective standards of the Municipal Code at the time of SB 35 application submittal.

Site Requirements
Infill Development
At least 75 percent of the perimeter of the site adjoins parcels currently or formerly developed with urban uses, including parcels separated by a street or highway.

Zoning or General
Plan Consistency
The development is located on a legal parcel or parcels that are zoned or designated by the general plan for
residential or mixed uses.

Not Located in
Sensitive
Environments
The project site is not within a coastal zone, prime
farmland, wetlands, a community conservation plan area, a habitat for protected species, or under a conservation easement.

Not Subject to
Hazardous
Conditions
The project site is not within a high fire hazard severity zone, hazardous waste site, delineated earthquake fault zone, flood plain, or floodway.

No Demolition of
Residential Units
The project does not demolish any housing units that have been occupied by tenants in the last 10 years; or demolish housing subject to any form of rent or price control, or are subject to a recorded covenant, ordinance, or law that
restricts rents to levels affordable to persons and families of moderate, low, or very low incomes.

Historic Structures The project does not demolish a historic structure that has been placed on a national, state, or local historic register.

Subdivisions
The development did not or does not involve a subdivision of a parcel that is subject to the California Subdivision Map Act, unless the development either:

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1. Receives a low-income housing tax credit and is
subject to the requirement that prevailing wages be
paid, or

2. Is subject to the requirements to pay prevailing wages and to use a skilled and trained workforce.

Parking
The project provides at least one parking space per unit, unless it meets any of the following:
• The project is located within one half mile of a public transit stop.
• The development is located within an architecturally
and historically significant historic district.
• The project is located within one block of a car share vehicle station.
• When on-street parking permits are required but not
offered to the development occupants.

CTCAC/HCD
Opportunity Map
The proposed project is located in a moderate resource
area, low resource area, or an area of high segregation and poverty, as shown on the “CTCAC/HCD Opportunity
Map.”
Affordability Provisions
Affordability
At least 50 percent of the proposed residential units will be dedicated as affordable to households at 80% AMI for
either rental or ownership projects. (The Statewide
Determination Summary is updated yearly. Please refer to the Statewide Determination Summary for the latest
affordability requirements for the City of Calimesa).

Covenant
If more than 10 residential units are proposed, the
applicant must commit to record, prior to issuance of the first building permit, a land use restriction or covenant for the required affordable units providing that the housing shall remain affordable to lower or very low-income
households, as applicable, for the following minimum
durations, as applicable:

1. 55 years for rental units.

2. 45 years for homeownership units.

Labor Provisions
Prevailing Wages
If the development is more than 10 units and not in its entirety a public work, as defined in Government Code
Section 65913.4 (a) (8)(A), all construction workers
employed in the execution of the development will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area.

Skilled and Trained
Workforce
Provisions
A skilled and trained workforce, as defined in Section
2601 of the California Public Contracts Code, will
complete the development if the project consists of more than 25 units.

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PRELIMINARY APPLICATION FORM

1. PROJECT LOCATION - The specific location, including parcel numbers, a legal description, and site address, if applicable.

Street Address ___________________________________________________________________ Assessor Parcel Number(s)

2. EXISTING USES - The existing uses on the project site and identification of major physical alterations to the property on which the project is to be located.

3. SITE PLAN - A site plan showing the building(s) location on the property and approximate square footage of each building that is to be occupied.

Attached? YES ☐ NO ☐

4. ELEVATIONS - Elevations showing design, color, material, and the massing and height of each building that is to be occupied.

Attached? YES ☐ NO ☐

5. PROPOSED USES - The proposed land uses by number of units and square feet of residential and nonresidential development using the categories in the applicable zoning ordinance.

Number of Units
Market Rate
Managers Unit(s) – Market Rate
Extremely Low Income
Very Low Income
Low Income
Moderate Income
Total Number of Units
Total Number of Affordable Units
Total Number of Density Bonus Units

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6. FLOOR AREA - Provide the proposed floor area and square footage of residential and nonresidential development, by building (attach relevant information by building and totals here):

Residential Nonresidential Total
Floor Area
Square Footage of
Construction

7. PARKING - The proposed number of parking spaces:

8. AFFORDABLE HOUSING INCENTIVES, WAIVERS, CONCESSIONS and PARKING REDUCTIONS - Will the project proponent seek Density Bonus incentives, waivers, concessions, or parking reductions pursuant to California Government Code Section 65915?
YES ☐ NO ☐
If “YES,” please describe:

9. SUBDIVISION – Will the project proponent seek any approvals under the Subdivision Map Act, including, but not limited to, a parcel map, a vesting or tentative map, or a condominium map? YES ☐ NO ☐
If “YES,” please describe:

10. EXISTING SITE CONDITIONS – Provide the number of existing residential units on the project site that will be demolished and whether each existing unit is occupied or unoccupied. Provide attachment, if needed.

Occupied
Residential Units
Unoccupied
Residential
Units
Total
Residential Units
Existing
To Be Demolished

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ADDITIONAL SITE CONDITIONS:
a. Whether a portion of the property is located within any of the following:
i. A very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection, pursuant to Section 51178?
YES ☐ NO ☐
ii. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993)?
YES ☐ NO ☐
iii. A hazardous waste site that is listed pursuant to Section 65962.5, or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code?
YES ☐ NO ☐
iv. A special flood hazard area subject to inundation by the 1 percent annual chance flood (100- year flood) as determined by any official maps published by the Federal Emergency Management Agency?
YES ☐ NO ☐
v. A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2? YES ☐ NO ☐
vi. A stream or other resource that may be subject to a streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code? YES ☐ NO ☐
If “YES” to any, please describe:
b. Does the project site contain historic and/or cultural resources? YES ☐ NO ☐
If “YES,” please describe:
c. Does the project site contain any species of special concern? YES ☐ NO ☐
If “YES,” please describe:

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d. Does the project site contain any recorded public easement, such as easements for storm drains, water lines, and other public rights of way?
YES ☐ NO ☐
If “YES,” please describe:

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CERTIFICATE FOR COMPLIANCE WITH ELIGIBILITY REQUIREMENTS I, ________________________, do hereby certify and declare as follows:
(a) The subject property is located at (address and assessor's parcel number):
____________________________________ ____________________________________ Address Assessor's Parcel Number
(b) I am a duly authorized officer or owner of the subject property. (c) The property owner agrees to comply with the applicable affordable housing dedication requirements established under Government Code section 65913.4(a)(3) and (a)(4). (d) The property owner agrees to comply with the applicable prevailing wage requirements established under Government Code section 65913.4(a)(8)(A).
(e) The property owner agrees to comply with the applicable labor requirements established under Government Code section 65913.4(a)(8)(E).
(f) The property owner agrees to comply with the applicable skilled and trained workforce requirements established under Government Code section 65913.4(a)(8)(F). (g) The property owner certifies that the project site has not contained any housing occupied by tenants within 10 years prior to the date written above.
(h) The property owner certifies that information submitted to demonstrate compliance with all requirements of Government Code section 65913.4(a) is true and correct to the best of the owner's knowledge.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Print Name(s):

Signature(s):

Date: _____________________________________________________________________________ Notice to Agents: The property owner must provide a separate signature sheet granting authorization for you to act on the behalf of the owner. If the property is held in a trust, the Trustee must sign as such. All property owner signatures must be notarized with an attached notary certificate.

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908 Park Avenue
Calimesa, Ca 92320
City of Calimesa (909)795-9801 Fax (909)795-6187
Planning Department
SENATE BILL 25/423 STREAMLINING PROCEDURES
SENATE BILLS 35 AND 423
On January 1, 2018 California Senate Bill 35 (SB 35) became state law, establishing a streamlined and ministerial approval process for certain multifamily housing development projects. SB 35 amends Government Code Section 65913.4 to create a streamlined ministerial approval process for urban infill projects that are multifamily or mixed-use where at least two-thirds of the square footage is for residential use subject to certain affordability requirements and are consistent with objective General Plan, zoning, subdivision, and design review standards. Ministerial projects do not require the approval through a public hearing, review under the California Environmental Quality Act (CEQA), or neighborhood notification.

SB 35 applies to jurisdictions that are not meeting their Regional Housing Need Allocation (RHNA) goal for construction of above-moderate income housing and/or housing for households below 80% area median income (AMI). The provisions of this program are in effect until January 1, 2026, though SB 423 extends the provisions of SB 35 until January 1, 2036.

As of June 3, 2024, The City of Calimesa does not meet the RHNA goal for lower-income units. Therefore, SB 35/423 requires the City to streamline approval of eligible housing projects which provide 50% of the units as affordable housing at or below 80% average median income by providing a ministerial approval process.

Please refer to the updated Statewide Determination Summary on the California Department of Housing and Community Development's (HCD) website for current affordability requirements.

ELIGIBILITY
The SB 35 eligibility criteria is available in the City's SB 35 Eligibility Checklist and on HCD’s Streamlined Ministerial Approval Process Guidelines.

SB 35 PROCEDURES
Eligibility for SB 35 streamlining is determined by meeting the eligibility requirements listed City's SB 35 Eligibility Checklist and on HCD’s Streamlined Ministerial Approval Process Guidelines. The eligibility requirements are State-mandated and cannot be waived or amended.

Applicants intending to request SB 35 streamlined review must first submit a completed SB 35 Eligibility Checklist demonstrating the project’s SB 35 streamlining eligibility. Applications will not be accepted without providing sufficient evidence that the project meets all eligibility criteria. Once eligibility is confirmed, the

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applicant shall submit a Notice of Intent which initiates a required scoping consultation pursuant to AB 168 with California Native American tribes affiliated with the geographic area.

The AB 168 consultation timeline is as follows:

1. Notice. Within 30 days, the City will provide formal notice for each Tribe affiliated with the geographic area.

2. Acceptance. Each Tribe has 30 days to accept the invitation to engage in consultation.

3. Consultation. The City initiates consultation within 30 days of acceptance of the invitation.

Once the Tribal scoping consultation has been concluded, and the proposed project is deemed complete and eligible for SB 35 streamlined review, the applicant is eligible to submit a Minor Development Plan Review application for approval which starts the SB 35 application approval process.

Upon receipt of a formal application, the City has 60 or 90 days (60 days for projects less than 150 housing units; or 90 days for projects more than 150 housing units) to determine if the project is consistent with objective standards.
• If deemed consistent: The City has 90 or 180 days (90 days for projects les than 150 housing units; or 180 days for projects more than 150 housing units) to approve the project. • If deemed inconsistent: The City will provide the applicant with a written list and explanation of how the project does not comply with the required standards.

If the project includes public investment in housing affordability, beyond tax credits, then that approval shall not expire. If the project does not include public investment in housing affordability, beyond tax credits, the approval will expire after three years. A building permit must be issued prior to the three-year approval expiration date. A project may receive a one-time, one-year time extension if the applicant shows significant progress.

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Publish Date: January 23, 2026
Darlene Gerdes, City Clerk

CITY OF CALIMESA

NOTICE OF PUBLIC HEARING
PUBLIC NOTICE IS HEREBY GIVEN that on February 2, 2026 at 6:00 p.m. in the Norton Younglove Senior Center, 908 Park Avenue, Calimesa, California, the City Council of the City of Calimesa will hold a public hearing (in person) to consider proposed changes to Title 18 (Zoning, Land Use, and Development Regulations) and Chapter 17.15.180 (Land Division Regulations) of the Calimesa Municipal Code as follows:

ORDINANCE NO. 419 FOR ZONE TEXT AMENDMENT 25-01 (“ZTA 25-01”) A PROPOSED AMENDMENT TO CALIMESA MUNICIPAL CODE CHAPTER 18 AND CHAPTER 17.15 AMENDING VARIOUS SECTIONS OF THE CODE TO COMPLY WITH EFFECTIVE IMPLEMENTATION OF THE 6TH CYCYLE HOUSING

ELEMENT UPDATE AS REQUESTED BY THE STATE OF CALIFORNIA

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD), AND

MAKING A DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061(B)(3) AND GOVERNMENT CODE SECTION 65852.21(J):

NOTICE IS FURTHER GIVEN that the public may provide comments as follows: 1) Submit written comments to City Hall at the above address, 2) Email comments to the City Clerk at [email protected], or 3) Attend the meeting in person and speak thereon. Please note, mailed and/or emailed comments must be submitted by 5:30 p.m. on February 2, 2026.

PLEASE NOTE that pursuant to Government Code Section 65090, if you challenge the project in court, you may be limited to raising only those issues you raised at the public hearing as described in this Notice or in written correspondence delivered to the City Clerk of the City of Calimesa prior to or at the public hearing.

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Jan 12, 2026
City of Calimesa
908 Park Avenue
Calimesa, CA 92320
To: [email protected]; [email protected] Cc: [email protected]; [email protected]; [email protected] Re: Proposed Amendments to the City’s ADU Ordinance
Dear Calimesa Planning Commission,
The California Housing Defense Fund (“CalHDF”) submits this letter as a public comment regarding Public Hearing Item 1 for the Planning Commission meeting of January 12, 2026.

We specifically write to comment on the amendments to the City code sections governing the construction of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”).

There are areas where the proposed ADU ordinance violates state law, and the City must address these issues prior to passing the ordinance.

Background
The law gives local governments authority to enact zoning ordinances that implement a variety of development standards on ADUs. (Gov. Code, § 66314.) The standards in these local ordinances are limited by state law so as not to overly restrict ADU development. (See id.) Separately from local ADU ordinances, Government Code section 66323 establishes a narrower set of ADU types that local governments have a ministerial duty to approve. “Notwithstanding Sections 66314 to 66322 ... a local agency shall ministerially approve” these types of ADUs. (Id. at subd. (a).) This means that ADUs that satisfy the minimal requirements of section 66323 must be approved regardless of any contrary provisions of the local ADU ordinance. (Ibid.) Local governments may not impose their own standards on such ADUs. (Gov. Code, § 66323, subd. (b) [“A local agency shall not impose any objective development or design standard that is not authorized by this section upon any accessory dwelling unit that meets the requirements of any of paragraphs (1) to (4), inclusive, of subdivision (a).”].) 2201 Broadway, PH1, Oakland, CA 94612
www.calhdf.org

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In addition, ADUs that qualify for the protections of Government Code section 66323, like other ADUs, must be processed by local governments within 60 days of a complete permit application submittal. (Gov. Code, § 66317, subd. (a).) State law also prohibits creating regulations on ADU development not explicitly allowed by state law. Government Code Section 66315 states, “No additional standards, other than those provided in Section 66314, shall be used or imposed, including an owner-occupant requirement, except that a local agency may require that the property may be used for rentals of terms 30 days or longer.”
Duty to Allow Two 66323 ADUs Per Parcel
Code section 18.20.050(L)(3)(b) allows a maximum of one ADU and one JADU per single family parcels.

However, SB 543 amended Government Code section 66323, subdivision (a) to allow one detached 66323 ADU and one conversion 66323 ADU per single-family parcel. Government Code section 66323, subdivision (a) now reads as follows (emphasis added):

Notwithstanding Sections 66314 to 66322, inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following units, or any combination ofthe following units:

The City must amend its ADU ordinance to allow one detached 66323 ADU and one conversion 66323 ADU per single-family parcel.

Impermissible Size Limit for ADUs
Code section 18.20.050(L)(3)(d) limits an attached ADU to 1,200 square feet in size and further limits the size to 50% of the primary dwelling. This section also limits the cumulative square footage of an ADU and JADU to 1,200 square feet.

However, the City should be aware that such size restrictions are not permitted for ADUs developed pursuant to Government Code section 66323.
● Government Code section 66323, subdivision (a)(1) allows conversions of existing space on single-family parcels into ADUs without size restriction, plus expansions of up to 150 square feet. This section also allows a JADU up to 500 square feet in size. ● Government Code section 66323, subdivision (a)(2) allows a new construction, detached ADU up to 800 square feet in size.
● Government Code section 66323, subdivision (a)(3) allows conversion of existing space in multifamily buildings into ADUs without size restriction. 2 of 6

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● Government Code section 66323 subdivision (a)(4) allows up to eight detached ADUs on multifamily parcels without size restrictions.

The City’s limit of 1,200 square feet (further limited to 50% of the primary unit) impinges on these guaranteed allowances. The only size limitations the City may impose on 66323 ADUs are 800 square feet for new construction, detached ADUs on single-family parcels and 500 square feet for JADUs.

These additional size restrictions are plainly forbidden by Government Code, section 66323, subdivision (b), which explicitly exempts statewide exemption ADUs from all local standards:
“(b) A local agency shall not impose any objective development or design standard that is not authorized by this section upon any accessory dwelling unit that meets the requirements of any of paragraphs (1) to (4), inclusive, of subdivision (a).” Because Government Code section 66323 does not contain this 1,200 square foot limit, nor does it contain the 50% limit, the City may not unilaterally impose them.

HCD reaffirms this requirement of state law on page 20 of the January 2025 HCD ADU Handbook (emphasis added):

A local agency may notimpose development or design standards, including both local standards and standards found in State ADU Law, on 66323 Units that are not specifically listed in Government Code section 66323. (Gov. Code, § 66323, subds. (a), (b).) This includes, but is not limited to, parking, height, setbacks, or other zoning provisions (e.g., lot size, open space, floor area ratio, etc.).

The City must exempt ADUs developed pursuant to Government Code section 66323, subdivision (a) from these impermissible size restrictions.

Impermissible Deed Restriction Requirement
Code section 18.20.050(L)(3)(g) requires a restrictive covenant to be placed on the property as a condition of permitting an ADU. This is a clear violation of Government Code section 66323, which prohibits any standards not explicitly authorized in that section.

Deed restrictions are also not permitted by Government Code section 66315, which forbids standards not listed in section 66314.

The California Department of Housing and Community Development (“HCD”) has communicated that such deed restrictions are unlawful. The January 2025 HCD ADU Handbook specifically forbids deed restrictions as a condition of ADU development (see page 22).

Additionally, such deed restrictions imposed on ADUs (or on other accessory structures) are unenforceable. This is due to the absence of horizontal privity between the Town and the 3 of 6

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applicant. In other words, since the Town does not own the applicant’s property at the time of the application, and does not own a neighboring property to whose benefit the proposed restriction(s) redound, black letter property law bars the restrictions from binding future property owners. (See, e.g., Scaringe v. J. C. C. Enters (1988) 205 Cal.App.3d 1536 [describing the types of privity relationship between covenanting parties that allow enforcement of a deed restriction]; see also Civ. Code, §§ 1460 et seq.) The City must therefore amend the proposed ordinance to remove the deed restriction requirement.

Impermissible Parking Requirements
Code section 18.20.050(L)(3)(i) imposes parking requirements on all ADUs with some exceptions. However, for ADUs that meet the requirements of Government Code Section 66323, subdivision (a), the City may not impose any parking requirements at all. This is because Government Code section 66323, subdivision (b) exempts section 66323 ADUs from all local standards, which includes parking.

From page 20 of the January 2025 HCD ADU Handbook (emphasis added):

A local agency may not impose development or design standards, including both local standards and standards found in State ADU Law, on 66323 Units that are not specifically listed in Government Code section 66323. (Gov. Code, § 66323, subds. (a), (b).) This includes, but is not limited to, parking, height, setbacks, or other zoning provisions (e.g., lot size, open space, floor area ratio, etc.).

The City must exempt all section 66323 ADUs from parking requirements.

Impermissible Front Setbacks
Code section 18.20.050(L)(3)(p) imposes front setbacks of the underlying zoning district on all ADUs. Code section 18.20.050(L)(3)(q) creates an exception to this provision only for ADUs that are 800 square feet or less in size.

However, Government Code section 66323, subdivision (a) does not permit any imposition of front setback requirements if the ADUs qualify for the protections of that section of law. The City therefore must allow front yard ADUs that comply with the standards in Government Code section 66323, subdivision (a) both on single family and on multifamily properties.

The City’s exception for ADUs up to 800 square feet is insufficient, because detached ADUs on multifamily parcels developed pursuant to Government Code section 66323 are not subject to any size restrictions. This is because Government Code section 66323, subdivision (b) prohibits the application of any local standards to section 66323 ADUs. A size limit on 4 of 6

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detached ADUs on multifamily parcels is a local standard not provided in section 66323, and it is therefore prohibited.

Additionally, the exception for 800 square foot ADUs is insufficient because this provision would also prohibit the conversion of existing space into an ADU, if that existing space was nonconforming as to front setback. As discussed supra, Government Code section 66323 allows the conversion of existing space without size restriction.

HCD has issued guidance under its authority in Government Code section 66327 (that guidance is located in the January 2025 HCD ADU Handbook, page 18) affirming the duty of local agencies to allow ADUs protected by Government Code section 66323 in the front setback under all circumstances. This applies whether the property is a single family home or a multifamily building. From page 18 of the Handbook: “... 66323 Units do not have to comply with lot coverage, front setbacks, and design standards.” (emphasis added) The City must amend this ordinance to eliminate front setback requirements for section 66323 ADUs, as is required by state law.

Impermissible Additional Standards for Certain ADUs
Code section 18.20.050(L)(5)(a)(ii) imposes additional standards on detached ADUs greater than 800 square feet in size.

However, the City should be aware that it may not impose such additional standards on new construction, detached ADUs on multifamily parcels. Government Code section 66323 subdivision (a)(4) allows up to eight detached ADUs on multifamily parcels without size restrictions. Size restrictions are plainly forbidden by Government Code, section 66323, subdivision (b), which explicitly exempts statewide exemption ADUs from all local standards:
“(b) A local agency shall not impose any objective development or design standard that is not authorized by this section upon any accessory dwelling unit that meets the requirements of any of paragraphs (1) to (4), inclusive, of subdivision (a).” Because Government Code section 66323 subdivision (a)(4) does not contain a size limit for new construction, detached ADUs on multifamily parcels, the City may not unilaterally impose one (or impose additional standards on ADUs that exceed 800 square feet).

HCD reaffirms this requirement of state law on page 20 of the January 2025 HCD ADU Handbook (emphasis added):

A local agency may notimpose development or design standards, including both local standards and standards found in State ADU Law, on 66323 Units that are not specifically listed in Government Code section 66323. (Gov. Code, § 66323, subds. (a), (b).) This includes, but is not limited to, parking, height, setbacks, or other zoning provisions (e.g., lot size, open space, floor area ratio, etc.). 5 of 6

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The City must exempt ADUs developed pursuant to Government Code section 66323, subdivision (a)(4) from the additional local development standards, regardless of their size. ⧫ ⧫ ⧫
It is laudable that the City is updating its ADU regulations as state law changes. However, the City should make sure that its zoning code for ADUs complies with state law.

CalHDF is a 501(c)(3) non-profit corporation whose mission includes advocating for increased access to housing for Californians at all income levels, including low-income households. You may learn more about CalHDF at www.calhdf.org.

Sincerely,
Dylan Casey
CalHDF Executive Director
James M. Lloyd
CalHDF Director of Planning and Investigations
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CITY COUNCIL MEETING
Agenda Report
Agenda Item No. 11.

SUBJECT: Mid-Year Financial and Budget Report Fiscal Year 2025-26 MEETING DATE: February 2, 2026
PREPARED BY: Celeste Reid, Finance Director
RECOMMENDATION:

That the City Council approve Resolution No. 2026-02 a resolution of the City Council of the City of Calimesa amending the Fiscal Year 2025-26 Budget to include recommended adjustments as provided in Attachments A-E.

BACKGROUND:

This mid-year budget update is provided in accordance with policy to maintain best practice methods of financial management. The fiscal year activity compared to budget is reviewed on an ongoing routine basis with the City Manager, Finance Director and Department heads to ensure fiscal management and integrity of the City of Calimesa’s operations and capital improvement projects.

DISCUSSION:

This report will provide financial and budget information and includes updated projections for fiscal year 2025-26 for each fund in Attachment A with recommended updates to the budget for fiscal year 2025-26 in Attachments B through E.

General Fund
Fiscal year ending June 30, 2025
The summary results of revenues, expenditures and fund balances for fiscal year ending June 30, 2025, have been provided in the General Fund Summary for Attachment B. The projected results of fiscal year 2024-25 were provided in the fiscal year 2025-26 original budget approved by Council on June 16, 2025. Consistent with direction from the City Council and prudent fiscal management policies, projections are oftentimes moderately estimated and actual results will differ from projections.

A summary of actual results to the projected actuals for Fiscal Year 2024-25 provided in the Fiscal Year 2025-26 Adopted Budget and Capital Improvement Program is detailed below:

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The most significant difference between revenue actual results versus projected actuals is a result of increase in building and safety fee revenue with an unrealized investment gain of approximately $136,000. It is important to note activity related to unrealized gain of investment balances is subject to daily variability, however accounting standards required unrealized investment activity be reported in the annual audited financial statements as of June 30, 2025. The remaining variance of $80,000 is less than 1% of actual revenue. This indicates projected revenue estimates were reasonably close.

The most significant difference between expenditure actual results versus projected actuals for an expenditures savings of $623,000, is a result of approximately $314,000 in budgetary carryover expenditures to fiscal year 2025-26. Detail of the carryover expenditures is provided in Attachment F and are described below. Additional expenditure savings of approximately $309,000 were averaged across most City departments primarily from reductions in professional services and personnel savings. The remaining variance of $309,000 is 3% of actual expenditures, which indicates projected estimates were reasonably close and not underestimated.

Budgetary Carryovers
Resolution No. 2025-25 adopted on June 16, 2025, approved the fiscal year 2024-25 budget and indicates there may be purchase commitments, contractual obligations, or one-time allocation for specific projects of unspent budgeted expenditures as of June 30, 2025. This is common in the Capital Improvement Plan (CIP) wherein projects oftentimes cross fiscal years.

At the City Manager’s discretion, these amounts may be budgeted as carryover to the fiscal year 2025-26 so long as these amounts do not cause expenditures in fiscal year 2024-25 to exceed projected actuals as shown in the adopted fiscal year 2025-26 budget. The City Manager concluded carryovers were necessary and met the terms as established in the Council Resolution. A schedule of carryovers from Fiscal Year 2024-25 to Fiscal Year 2025-26 for all

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funds is provided in Attachment F.

Fiscal Year ending June 30, 2026
Revenue
The City’s fiscal management policy requires that staff routinely monitor and assess revenue trends and changes and identify one-time revenue increases such as grant revenues, developer contributions or higher than average development fees. One-time revenue increases are identified to ensure one-time revenue sources are not used for operational expenditures such as ongoing salaries or maintenance costs.

General Fund recommended revenue adjustments for fiscal year 2025-26 will increase revenues by $770,850 details are provided in Attachment C Revenue Summary – General Fund.

The revenue recommended adjustment includes increases and decreases for several revenue types. Significant increases include Interest Income of $115,000, Development Agreement Fee revenue of $452,000, and Administrative Fee revenue of $70,000. These increases are onetime in nature and the remaining balance of $133,850 is ongoing routine revenue increase based on current operations and activity.

Expenditures
General Fund recommended expenditure adjustments for fiscal year 2025-26 will increase expenditures by $478,000. Details are provided in Attachment D Expenditure Summary – General Fund. The expenditure category increases include City attorney increases of $300,000 with the balance of $178,000 for professional services and projects. Recommended expenditure increases of $423,000 are one-time due to current litigation and projects that were not anticipated or provided for with routine repair and maintenance costs.

Ongoing vs One-time
If the Council were to approve the recommendations for adjustments for the general fund, the City would remain in a structural surplus of approximately $160,000 with respect to ongoing revenues to expenditures. A projected budgeted summary is provided below:

City Council approved one-time expenditures of $864,015 during the Fiscal Year 2025-26 budget process and adjustments through January 31, 2026. With the additional request of

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one-time expenditures of $423,000 in this mid-year budget report, total anticipated one-time expenditures are projected to be $1,287,015. Approvals and combined one-time expenditures are summarized below:
• One-time projects and expenditures approved with the Fiscal Year 2024-25 Adopted Budget of $450,000. Details are provided in the Adopted Budget Fiscal Year 2025-26 budget book.
• Carryovers of projects previously approved from fiscal year 2024-25 of $314,015. See details in Attachment F- General Fund.
• One-time projects and expenditures approved by City Council from July 2025-January 2026 of $100,000 for Professional Grant services. Details are available in City Council meeting agendas.
• One-time recommended increase of $423,000 included in this mid-year budget report.

See details in Attachment D.

Other Funds
Attachment E contains the recommended revenue and expenditure adjustments for other City funds. The recommended adjustments are summarized below:
• Insurance Fund – Professional Services increase of $120,000 • Vehicle Fund – Balance of costs anticipated for Brush Engine outfitting of $30,000. Total Anticipated outfitting costs of $50,000 for the Brush Engine will be funded by $20,000 from the General Fund through the carryover appropriation balance and $30,000 from

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the Vehicle Replacement Fund.

Looking Ahead
The Fiscal Year 2026-27 budget process started in January 2026. There will be a combined Capital and Operating Budget workshops in a Special Meeting of the City Council scheduled on Monday, April 27, 2026 at 5:00 p.m. Members of the public are encouraged to attend the budget workshop as there will be insight and discussion regarding specifics of the City of Calimesa’s budget. The final adoption budget meeting has an anticipated meeting date of June 1, 2026.

FISCAL IMPACT:

The proposed adjustments impact the Fiscal Year 2025-26 fund balances as detailed below:

ATTACHMENTS:

1. Attachment A All Fund Summary

2. Attachment B General Fund Summary

3. Attachment C General Fund Revenue

4. Attachment D General Fund Expenditures

5. Attachment E Other Fund Expenditures

6. Attachment F Carryovers from 2024-25 to 2025-26

7. Resolution 2026-02 for budget amendment mid year

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City of Calimesa Attachment A Fund Balance Summary
Mid-Year Budget Review Fiscal Year 2025-26
Projected
Beginning Revenue Expenditures Ending
Fund Estimates Budget Fund
Balance & Transfers & Transfers Balance
Fund July 1, 2025 FY2025-26 FY2025-26 June 30, 2026
General Fund (1) $ 7,787,971 $ 11,649,652 $ 12,300,248 $ 7,137,375 Special Revenue Funds
Insurance Fund 187,282 - 127,000 60,282
Supplemental Law Enforcement 167,299 193,200 221,500 138,999 Housing Rehab Federal - CDBG (2) 269,464 75 3,000 266,539 Housing Rehab State (2) 920,435 8,000 5,000 923,435
Library Fund 395,033 131,361 345,450 180,944
Air Quality Fund (AQMD) 90,433 16,700 1,270 105,863
Gas Tax Fund 68,366 315,023 346,984 36,405
LLMD 10,405 112,000 104,100 18,305
Recycling Fund 18,116 5,600 7,000 16,716
Total Special Revenue Funds 2,126,833 781,959 1,161,304 1,747,488 Community Facility District (CFD) Funds
Public Services CFD 471,322 926,287 1,294,500 103,109
JP Ranch CFD (3) 1,431,265 682,801 625,707 1,488,359
Singleton Heights CFD (3) 2,294,264 786,971 622,942 2,458,293 Summerwind CFD (3) 3,170,475 1,098,477 939,715 3,329,237 Total CFD Funds 7,367,326 3,494,536 3,482,864 7,378,998 Successor Agency Fund (3) $ 139,594 $ 216,518 $ 211,418 $ 144,694

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City of Calimesa Attachment A Fund Balance Summary
Mid-Year Budget Review Fiscal Year 2025-26
Projected
Beginning Revenue Expenditures Ending
Fund Estimates Budget Fund
Balance & Transfers & Transfers Balance
Fund July 1, 2025 FY2025-26 FY2025-26 June 30, 2026
Capital Improvement Funds
Measure A $ 810,718 $ 344,000 $ 453,450 $ 701,268
Road Maintenance and Rehabiliation 461,438 305,115 682,705 83,848 Capital Projects 1,033,125 33,000 912,840 153,285
Capital Projecta Fund - ADA CDBG 63,656 82,638 93,684 52,610 Fire Facilities Fees 133,602 4,800 61,774 76,628
Flood Control and Drainage Fees 3,030,955 12,429,418 12,949,271 2,511,102 Administration Facilities Fees 2,614,190 62,000 2,113,000 563,190 Library Facilities Fees 1,270,451 45,000 1,130,000 185,451 Law Enforcement Fees 587,111 25,000 13,000 599,111
Traffic Improvement Fees 2,310,165 24,244,001 25,304,366 1,249,800 Park Improvement Fees 1,850,730 229,550 1,932,764 147,516 Vehicle Fund 553,996 458,600 430,914 581,682
Information Technology Fund 193,296 166,098 301,800 57,594 Total Capital Improvement Funds 14,913,433 38,429,220 46,379,568 6,963,085 Total All Funds $ 32,335,157 $ 54,571,885 $ 63,535,402 $ 23,371,640 Notes:
(1) Balance includes funds restricted per Reserve Policy (2) Grant completed. Activity includes repayments due from loans. (3) Balances include funds restricted for debt service on bonds. (4) Fund balance is -0- and there are no budgeted revenues or expenditures in this fiscal period of reporting.

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City of Calimesa Attachment B
Actuals
FY2024-25
Amended
Budget
FY2025-26
Revised
Estimates
FY2025-26
Recommended
Adjustments
FY2025-26
Revenue
Taxes $ 6,342,427 $ 6,619,000 $ 6,627,000 $ 8,000
Franchise Fees 609,496 612,500 612,500 -
Intergovernmental Revenues 1,667,221 1,700,492 1,707,492 7,000 Fines & Forfeitures 27,785 18,650 22,650 4,000
Building & Safety 175,314 105,100 130,200 25,100
Use of Money & Property 543,527 295,360 411,060 115,700 Charges for Services - Planning & Engineering 186,364 114,750 204,500 89,750 Charges for Services 1,121,145 1,380,500 1,898,500 518,000 Licenses & Permits 53,233 32,450 35,750 3,300
Other Revenue 218 - - -
Total Revenue 10,726,730 10,878,802 11,649,652 770,850
Expenditures
City Council 79,349 96,586 96,586 -
City Manager 365,325 510,047 510,047 -
City Clerk - General Functions 187,475 175,678 175,678 - City Clerk - Mobile Home Rent Control 26,432 39,393 39,393 - City Clerk - Human Resources 76,039 77,109 77,109 -
City Clerk - Risk Management 302,398 335,726 335,726 -
City Attorney 613,550 279,148 579,148 300,000
Finance 375,715 443,271 443,271 -
Information Technology 258,116 400,780 400,780 -
Comm Dev - Planning, Building & Safety, Code 615,872 670,425 810,425 140,000 Engineering 145,761 120,000 120,000 -
Citizens On Patrol 1,993 4,850 4,850 -
Police Department 2,683,673 2,930,632 2,930,632 -
Animal Control 21,480 36,000 36,000 -
Fire Department - Operations 3,065,678 3,459,245 3,459,245 - Community Risk Reduction Bureau 209,587 218,039 233,039 15,000 Community Services - Senior Center 247,042 244,597 252,597 8,000 Public Works Department 720,128 838,925 853,925 15,000
Non-Departmental 263,186 265,817 265,817 -
Total Expenditures 10,258,799 11,146,268 11,624,268 478,000 $ 467,931 $ (267,466) $ 25,384 $ 292,850
8,668,040 7,787,971 7,787,971
Transfers Out (One-Time)
Insurance Fund 227,000 - - -
Capital Projects 360,000 33,000 33,000 -
Capital Projects ADA 5,000 12,180 12,180
DIF Fire 326,000 - -
DIF Park Improvement - 11,000 11,000 -
Vehicles - New and Replacement (75) 350,000 458,600 458,600 - Information Technology - New and Replacement (76) 80,000 161,200 161,200 - Total 1,348,000 675,980 675,980 -
7,787,971 6,844,525 7,137,375 -
3,351,413 3,664,601 3,683,851 -
Reserve for Mobile Home Rent 283,228 285,000 285,000 -
Reserve for Parks and Trails 75,000 - - -
Net Unreseved Fund Balance $ 4,078,330 $ 2,894,924 $ 3,168,524 $ - General Fund Summary
Mid-Year Budget Review Fiscal Year 2025-26
Net Change in Fund Balance Before Transfers
Beginning Fund Balance
Ending Fund Balance (Projected)
Council Approved Reserves

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Revenue
Actuals Fiscal
Year 2024-25
Amended
Budget Fiscal
Year 2025-26
Revised
Estimate
Fiscal Year
2025-26
Mid Year
Adjustment
Fiscal Year
2025-26
Taxes
Property Tax $ 1,445,984 $ 1,525,000 $ 1,525,000 $ -
Property Transfer Tax 34,311 30,000 35,000 5,000
Transient Occupancy Tax 62,813 55,000 58,000 3,000
Sales Tax 1,658,378 1,692,000 1,692,000 -
Fire District Property Tax 3,140,941 3,317,000 3,317,000 - Total Taxes 6,342,427 6,619,000 6,627,000 8,000
Franchise Fees
So Cal Edison 154,896 159,000 159,000 -
Gas Company 36,081 37,000 37,000 -
CR&R Sanitation 329,578 330,000 330,000 -
Charter Communications 79,836 78,000 78,000 -
Frontier 9,105 8,500 8,500 -
Total Franchise Fees 609,496 612,500 612,500 -
Intergovernmental Revenues
Waste Management 5,183 1,800 1,800 -
Other Govtl Revenues 15,826 4,000 11,000 7,000
Beaumont Bldg Permit 16,700 - - -
Vehicle License Fees (VLF) 1,629,512 1,694,692 1,694,692 - Total Intergovernmental 1,667,221 1,700,492 1,707,492 7,000 Fines & Forfeitures
Parking/Registration 8,337 6,000 6,000 -
Admin Citations 500 8,000 12,000 4,000
Vehicle Impound Cost Recovery 1,802 2,500 2,500 -
EMSA Penalties 16,996 2,000 2,000 -
Building Abatement 150 150 150 -
Total Fines & Forfeitures 27,785 18,650 22,650 4,000
Building & Safety
Building Permits 128,483 90,000 115,000 25,000
Building Permit Admin Fee 315 - - -
(pass thru) Green Fee 47 100 200 100
Weed Abatement 46,469 15,000 15,000 -
Total Building & Safety 175,314 105,100 130,200 25,100
Use of Money & Property
T-Mobile Rent $ 24,576 $ 27,660 $ 27,660 $ -
Facility Rental 2,750 6,900 6,900 -
Sales of Copies 1,713 800 1,500 700
Unrealized Gain(Loss) 135,573 - - -
Interest Income 378,915 260,000 375,000 115,000
Total Use of Money & Property $ 543,527 $ 295,360 $ 411,060 $ 115,700 City of Calimesa Attachment C
Revenue Summary - General Fund
Fiscal Year 2025-26

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Revenue
Actuals Fiscal
Year 2024-25
Amended
Budget Fiscal
Year 2025-26
Revised
Estimate
Fiscal Year
2025-26
Mid Year
Adjustment
Fiscal Year
2025-26
City of Calimesa Attachment C
Revenue Summary - General Fund
Fiscal Year 2025-26
Charges for Services - Planning & Engineering
Encroachment Permits $ 23,672 $ 13,000 $ 13,000 -
Mitigation Fees - 250 500 250
Planning Fees 3,680 3,000 3,000 -
Plan Check Fees 53,200 30,000 65,000 35,000
Development Plan Review 12,448 1,000 15,000 14,000
Grading Fees 15,513 1,000 5,000 4,000
Temporary Use Permit 1,397 1,000 1,000 -
Landscape Fees 1,766 2,000 2,000 -
General Plan Maintenance Fee 11,559 12,000 24,000 12,000 Zoning Review 4,138 1,000 15,000 14,000
Technology Surcharge 8,917 4,500 10,000 5,500
Fire Prevention Fees 10,958 10,000 15,000 5,000
Fire Inspection Fees 5,878 5,000 5,000 -
Mobile Home Registration Fee 33,238 31,000 31,000 -
Total Planning & Engineering Charges 186,364 114,750 204,500 89,750 Charges for Services
Public Services CFD cost contribution 885,000 1,275,000 1,275,000 - Administrative Fee (projects, applications) 130,334 30,000 100,000 70,000 Lot Line Adjustment - - 2,000 2,000
Miscellaneous 24,920 9,500 9,500 -
Development Agreement Fee 73,575 60,000 512,000 452,000 Credit Card Fees 7,316 6,000 - (6,000)
1,121,145 1,380,500 1,898,500 518,000
Licenses & Permits
Business License 17,182 13,000 13,000 -
Business License - New - Inspections 1,746 2,000 2,000 - Business License - New Application Review 4,128 4,000 4,000 - Business License - Annual Fire Inspection 12,275 10,000 10,000 - Home Occupation Permits 2,509 1,200 2,500 1,300
Wide Load Permits 144 250 250 -
Recycle Deposit 14,934 1,000 2,000 1,000
Sign Applications 315 1,000 2,000 1,000
Total Licenses & Permits 53,233 32,450 35,750 3,300
Other Revenue
Reimbursements - - - -
Transfers-in Other Funds 218 - - -
Total for Misc Revenue 218 - - -
GENERAL FUND TOTAL $ 10,726,730 $ 10,878,802 $ 11,649,652 $ 770,850 Total Charges for Services

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Department and Expenditure
Recommended
Adjustment
FY2025-26
Ongoing
or
Onetime
City Attorney
Legal Services - Litigation 250,000 Onetime
Legal Services - Special Services 50,000 Onetime
Subtotal $ 300,000
Community Development - Planning, Building, Safety & Code Professional Services 100,000 Onetime
Bulding and Safety Professional Services 40,000 Ongoing Subtotal $ 140,000
Community Risk Reduction Bureau
Fire Prevention Professional Services 15,000 Ongoing
Subtotal $ 15,000
Community Services - Senior Center
Repairs & Maintenance - Air Conditioner Replacement 8,000 Onetime Subtotal $ 8,000
Public Works Department
Plants and Irrigation Replacements Mountain View St. Park Ph 1 15,000 Onetime Subtotal $ 15,000
$ 55,000
423,000
$ 478,000
City of Calimesa Attachment D
Expenditure Summary - General Fund
Mid-Year Budget Review Fiscal Year 2025-26
Total General Fund
Total General Fund Ongoing
Total General Fund Onetime

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Fund and Description
Recommended
Adjustment
FY2024-25
Insurance Fund
Professional Services $ 120,000
Adjustment $ 120,000
Vehicle Replacement Fund
Vehicles - Outfitting for Brush Engine 30,000
Adjustment $ 30,000
City of Calimesa Attachment E
Revenue & Expenditure Summary - Other Funds
Mid-Year Budget Review Fiscal Year 2025-26

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City of Calimesa Attachment F
Description Revenue Expenditures
General Fund
Department
City Manager Professional Services - Economic Development $ - $ 20,000 City Clerk Document Management Destruction Project - 20,000 Finance Development Impact Fee Study - 67,065
Finance Finance Auditor Intermin - Timing Difference - 13,500 Information Technology IT Consultants & Software - 54,000 Planning Planning Consultants & Deferred Training - 17,950 Fire Equipment & Deferred Training - 98,000
Senior Center Senior Center Projects - 23,500
General Fund - Total - 314,015
Capital Projects Fund
Streets - 740,075
Facilities - City Hall and Annex Improvements - 14,800
Senior Center Restroom Project - 33,300
Senior Center Roof Project - 110,200
Capital Projects Fund Incluing ARPA - Total - 898,375
Capital Projects Fund - ADA Improvements
CDBG Grant Revenue 40,658 -
Library Sidewalk Professional Services & Streets - 40,214 Library Fund - Total 40,658 40,214
Library
Donation Revenue for New Library Building 77,861 -
Facilities - New Library Building - 294,850
Library Fund - Total 77,861 294,850
RMRA (Road Maintenance and Rehabilitation Act)
Transfer to Other Funds - Traffic DIF Fund - 407,705
RMRA Fund - Total - 407,705
Gas Tax Fund
Repair & Maintenant Streets - ROW - 5,596
Gas Tax Fund - Total - 5,596
Measure A Fund
Capital Improvement Project -County Line Road Paving to 3rd Street - 135,000 Capital Improvement Project -County Line Road Paving to Bryant - 70,000 Street Survey Project - 135,000
Street Inventory Project - 100,000
Measure A Fund - Total - 440,000
DIF Flood Control & Drainage Fees
Grant Riverside County Flood Control 8,408,574 -
Calimesa Creek Flood Control - 8,503,192
California Street Storm Drain - 500,000
DIF Flood Control & Drainage Fund - Total 8,408,574 9,003,192 DIF Library Fund
New Library Building - 1,130,000
DIF Library Fund - Total - 1,130,000
DIF Park Improvement Fund
Grant Funding $ 183,550 $ -
Professional Services - Mountain View Park - 1,913,764
DIF Park Improvement Fund - Total 183,550 1,913,764
Budgetary Carryovers
From FY2024-25 To FY2025-26

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City of Calimesa Attachment F
Description Revenue Expenditures
Budgetary Carryovers
From FY2024-25 To FY2025-26
Vehicle Replacement Fund
Vehicles $ - $ 96,530
DIF Library Fund - Total - 96,530
Information Technology Fund
Equipment- Desktop & Laptop / Server Replacement - 53,750 IT Major Software Replacement - 98,450
Information Technology Fund - Total - 152,200
DIF Traffic Improvement Fund
Project
County Line & Calimesa Bd Grant Federal SAFETEA Lu DEMO $ 6,150,823 $ - County Line & Calimesa Bd Capital Improvement Professional Services/Streets - 6,073,235 Cherry Valley Interchange Developer Contribution & Grants 3,228,176 - Cherry Valley Interchange Capital Improvement Professional Services/Streets - 3,949,985 CV Calimesa Bd Realign Other Government Revenues - RCTC 5,000,000 - CV Calimesa Bd Realign Developer Contribution 200,000 - CV Calimesa Bd Realign Professional Services - Engineering - 295,669 CV Calimesa Bd Realign Streets - 5,227,831
County Line Rd Interchange TUMF & Local Contribution (Agreement Pending) 500,000 - County Line Rdf Interchange Capital Improvement Professional Services - 500,000 Singleton Rd Interchange TUMF 7,490,128 -
Singleton Rd Interchange Streets - 7,490,128
LPP County Line Road Grant CalTrans LPP 222,107 -
LPP County Line Road Local Contribution 721,661 -
LPP County Line Road Transfer In RMRA 407,705 -
LPP County Line Road Capital Improvement Streets Construction and Professional Services - 1,712,517 DIF Traffic Improvement Fund - Total $ 23,920,600 $ 25,249,365

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RESOLUTION 2026-02

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CALIMESA CALIFORNIA, AMENDING THE FY 2025-26 BUDGET

TO INCLUDE CERTAIN RECOMMENDED ADJUSTMENTS
WHEREAS, the City Council adopted the Fiscal year 2025-26 Budget on June 16, 2025; and
WHEREAS, on an ongoing the basis the budget should be monitored and adjusted as necessary to reflect current operating results; and
WHEREAS, the City Council now deems it appropriate to incorporate certain adjustments into the budget to incorporate current operating results, as well other necessary adjustments.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:

Section 1: The Fiscal Year 2025-26 Budget is hereby amended to incorporate adjustments as detailed on Attachments C, D and E as attached to this Resolution and as included in the Council agenda report.

PASSED, APPROVED, and ADOPTED this 2nd day of February 2026. ________________________________

JEFF CERVANTEZ, MAYOR
ATTEST:
_________________________________

DARLENE GERDES, CITY CLERK

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