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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.

Regular Meeting of the Calimesa City Council
Meeting Agenda
Monday, February 2, 2026 – 6:00 PM
Norton Younglove Multipurpose Senior Center
908 Park Avenue, Calimesa, CA 92320
The Calimesa City Council will be conducting this meeting in the Norton Younglove Senior Center. Members of the public may attend this meeting in person at the Norton Younglove Senior Center, 908 Park Avenue, Calimesa, CA 92320, or the public may view the City Council meetings live at https://www.youtube.com/@calimesacity900/live beginning at 6:00 p.m.

Submission of Public Comments: Public comment will be allowed by completing a speaker slip and providing it to the City Clerk at the meeting. Please observe a time limit of 3 minutes when giving your presentation. When called upon, please step forward to the microphone, state your name for the record, whom you represent and any statement you wish to make. Please be advised that you may not defer your 3 minutes to another speaker.

Jeff Cervantez, Mayor  John Manly, Mayor Pro Tem
Eric Cundieff, Council Member  Edgar Garcia, Council Member  Linda Molina, Council Member Will Kolbow, City Manager  Steven Flower, City Attorney In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Clerk’s Office, (909) 795-9801. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. Any public writings distributed by the City to at least a majority of the Council Members regarding any item on this regular meeting agenda will be made available at the public counter at City Hall located at 908 Park Avenue, Calimesa, CA 92320.

Call to Order
Roll Call: Mayor Cervantez, Mayor Pro Tem Manly, Council Member Cundieff, Council Member Garcia and Council Member Molina.

Staff: City Manager Kolbow, City Attorney Flower, City Clerk Gerdes, Finance Director Reid, Public Works Director Shakir, City Engineer Thornton, Fire Chief O’Connell and Sheriff Captain Northrup.

Pledge of Allegiance
Communications From the Public
Pursuant to the Brown Act, this is the opportunity for members of the public to directly address the Council on any item within the Council’s subject matter jurisdiction. Please note that this is also the time in which members of the public may address the Council on any item on the Consent Calendar. This is not the time for City Council discussion of non-agenda items. After receiving public comments, Council Members, or staff, after being recognized by the Mayor, may briefly respond to statements made by the public or questions posed by the public. In addition, Council Members may ask questions for clarification or make a referral to staff for factual information to be reported back to the Council at a later meeting.

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Approval of the Agenda, Consent Calendar and Waiver of Full Reading of Ordinances This is the time for the City Council to notify the public of any changes to the agenda; such as removal of an agenda item, rearrangement of the agenda, postponement of an agenda item or continuance of an item to a future meeting. This is also the time for the City Council to remove items from the Consent Calendar for individual consideration. Waiver of full reading of ordinances does not take policy action or approve or disapprove any ordinances on the agenda, it simply means that the entire text of the ordinance will not be read.

Consent Calendar
The following items on the Consent Calendar are routine and customary items and are enacted by a single motion, with the exception of items previously removed during “Approval of the Agenda” for individual consideration. Any items removed shall be individually considered immediately after taking action on the Consent Calendar.

1. Approval of City Council Meeting Minutes of December 15, 2025 Recommendation: That the City Counci approve the action miutes of the December 15, 2025 City Council Meeting.

2. Commission Meeting Minutes Approval
Recommendation: That the City Council approve the action minutes of the December 8, 2025 regular meeting of the Planning Commission.

3. Approval of Accounts Payable and Payroll Warrant Registers Recommendation: That the City Council approve the Warrant Registers as presented.

4. Surplus of 2009 Ford Escape Hybrid
Recommendation: That the City Council adopt Resolution No. 2026-03 approving the surplus of the existing 2009 Ford Escape Hybrid vehicle.

5. Second Amendment to Agreement for Professional Services (On-Call Planning) between the City of Calimesa and Michael Baker International, Inc. ("Consultant" or "MBI") Recommendation: It is respectfully recommended that the City Council approve Amendment No. 2 to the Agreement for professional consulting services (on-call planning) between the City of Calimesa and Michael Baker International, Inc.

6. First Amendment to the Professional Services Agreement for Professional Auditing Services with Rogers, Anderson, Malody, & Scott, LLP
Recommendation: That the City Council approve a First Amendment to the Professional Services Agreement with Rogers, Anderson, Malody & Scott, LLP, to extend the term of the agreement to Fiscal Years ending June 30, 2026 and June 30, 2027 and authorize the City Manager to execute the contract.

7. Notice of Completion of City Roofing Project – Tile Roof Repair at Norton Younglove Senior Center (Bid No. 2025-03) and approval of change orders Recommendation: That the City Council:
1) Accept the completed work by Titans Group Corporation for the City Roofing Project – Tile Roof Repair at the Norton Younglove Senior Center, Project No. 2025-03. 2) Authorize the City Clerk to file the Notice of Completion with the County Recorder’s Office. 3) Authorize the release of retention in accordance with state law upon the expiration of the 35-day

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lien period.
4) Approve Change Orders Nos. 1, 3, and 4 to the construction contract with Titans Group Corporation in the total amount of $24,261.08, resulting in a final contract amount of $115,025.92.

8. Resolution 2026-01 - A Resolution of the City Council of the City of Calimesa, California Designating Applicant's Agents for Non-State Agencies
Recommendation: That the City Council adopt Resolution 2026-01. A Resolution of the City Council of the City of Calimesa, California Designating Applicant's Agents for Non-State Agencies.

9. Treasurer's Report for the month ended November 30, 2025 Recommendation: That the City Council receive and file the Investment Report for the month ended November 30, 2025.

Fire Chief Report
Sheriff Captains Report
Public Hearings
Speakers are encouraged to be brief and remain within the established time limit of 3 minutes per speaker. Once the public hearing has been closed, no further testimony will be taken.

10. PUBLIC HEARING: ZTA 25-01- Amending Chapter 17.15 of Title 17 (Subdivisions) and Chapters 18.10,

18.15, 18.20, 18.25, 18.28, 18.35, 18.39, 18.40, 18.45, and 18.125 of Title 18 (Zoning, Land Use and Development Regulations) of the Calimesa Municipal Code to implement Housing Element Program Actions H-1.4, H-2.8, H-2.11, H-3.14, H-3.15, H-3.19, and H-4.4 of the City of Calimesa Sixth Cycle 2021- 2029 Housing Element.

Recommendation: That the City Council conduct a first reading by title only of Ordinance No. 419 approving Zone Text Amendment (ZTA) 25-01, which updates various sections of Chapter 18 and Chapter 17 as part of the 2021-2029 Housing Element Implementation Program (Project), and find the Project categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15601(b)(3) and 15282(h).

Business Items

11. Mid-Year Financial and Budget Report Fiscal Year 2025-26 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.

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Mayor & Council Member Reporting of County & Regional Meetings/Conferences This is the time for general comments, announcements, reports on meetings attended at public expense as required by AB 1234, requests of staff, and other issues of concern to Council Members may be presented briefly at this time. The Council may not legally take action on any item presented at this time other than to direct staff to investigate a complaint or place an item on a future agenda unless (1) by a majority vote, the Council determines that an emergency situation exists, as defined by Government Code § 54956.5 or (2) by a four-fifths vote, the Council determines that there is a need for immediate action and the need for action arose subsequent to the agenda being posted as required by Government Code § 54954.2(b).

City Manager Comments & Reports
Closed Session Items
Adjournment

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CITY COUNCIL MEETING
Agenda Report
Agenda Item No. 1.

SUBJECT: Approval of City Council Meeting Minutes of December 15, 2025 MEETING DATE: February 2, 2026
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION:

That the City Counci approve the action miutes of the December 15, 2025 City Council Meeting.

ATTACHMENTS:

1. CCM 12-15-2025 Draft Action Minutes Regular Meeting

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City Council Action Minutes of the Regular Meeting of
December 15, 2025

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City Of Calimesa
City Council Minutes of Regular Meeting
December 15, 2025
CALL TO ORDER 6:00 p.m. by Mayor Cervantez
ROLL CALL: MAYOR CERVANTEZ, MAYOR PRO TEM MANLY, COUNCIL MEMBER

CUNDIEFF, COUNCIL MEMBER GARCIA AND COUNCIL MEMBER
MOLINA.

ABSENT: NONE
STAFF: CITY MANAGER KOLBOW, CITY ATTORNEY FLOWER, CITY CLERK

GERDES, FINANCE DIRECTOR REID, WORKS DIRECTOR SHAKIR, CITY

ENGINEER THORNTON, DEPUTY FIRE CHIEF SHAW AND SHERIFF

CAPTAIN NORTHRUP

PLEDGE OF ALLEGIANCE
Pledge of Allegiance was led by Mayor Cervantez.

COMMUNICATIONS FROM THE PUBLIC
Pursuant to the Brown Act, this is the opportunity for members of the public to directly address the Council on any item within the Council’s subject matter jurisdiction. Please note that this is also the time in which members of the public may address the Council on any item on the Consent Calendar. This is not the time for City Council discussion of non-agenda items After receiving public comments, Council Members, or staff, after being recognized by the Mayor, may briefly respond to statements made by the public or questions posed by the public In addition, Council Members may ask questions for clarification or make a referral to staff for factual information to be reported back to the Council at a later meeting.

Luke Garcia, 1076 Little Leaf Street, Calimesa expressed his appreciation to the Council and city staff for their hard work.

Davena Rivera, 10320 Calimesa Blvd., #85, Calimesa spoke in support of the Calimesa Fire Department and advocated for additional paramedics and department wide salary increases.

APPROVAL OF THE AGENDA, CONSENT CALENDAR AND WAIVER OF FULL READING OF ORDINANCES - This is the time for the City Council to notify the public of any changes to the agenda; such as removal of an agenda item, rearrangement of the agenda, postponement of an agenda item or continuance of an item to a future meeting. This is also the time for the City Council to remove items from the Consent Calendar for individual consideration. Waiver of full reading of ordinances does not take policy action or approve or disapprove any ordinances on the agenda, it simply means that the entire text of the ordinance will not be read.

Mayor Cervantez asked if there were any necessary changes to the agenda or any items to be removed from the Consent Calendar for discussion. There were no items pulled from the Consent Calendar. The agenda, consent Calendar and waiver of full reading of ordinances was approved by the following action:

MOTION BY COUNCIL MEMBER CUNDIEFF, SECONDED BY COUNCIL MEMBER MOLINA, CARRIED 5-0 TO APPROVE THE AGENDA AND CONSENT CALENDAR AS PRESENTED AND WAIVE FULL READING OF ORDINANCES.

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City Council Action Minutes of the Regular Meeting of
December 15, 2025

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CONSENT CALENDAR (Items 1-10)
The following items on the Consent Calendar are routine and customary items and are enacted by a single motion, with the exception of items previously removed during “Approval of the Agenda” for individual consideration Any items removed shall be individually considered immediately after taking action on the Consent Calendar.

1. APPROVAL OF CITY COUNCIL ACTION MINUTES.
a) City Council action minutes of the December 1, 2025 regular meeting

2. RECEIVE AND FILE CITY COMMISSION & BOARD MINUTES.
a) a) Library Commission action minutes of November 4, 2025. b) Parks, Trails & Community Services action minutes of September 17, 2025 c) Parks, Trails & Community Services action minutes of October 1, 2025 d) Planning Commission action minutes of October 13, 2025.

3. APPROVAL OF WARRANT REGISTERS.
a) Check Register Report with a total of $475,924.89 (Check Nos. 44634-44705 b) December 1, 2025 Council Payroll of $3,767.75
December 4, 2025 Payroll of $154,691.34

4. COUNCIL TRAVEL EXPENSES.

RECOMMENDATION: That the City Council move to approve the Council Travel Training and Meeting/Mileage Expenses Report through November 30, 2025.

5. TREASURER’S REPORT FOR THE MONTH ENDED OCTOBER 31, 2025.

RECOMMENDATION: That the City Council receive and file the Investment Report for the month ended October 31, 2025.

6. RECEIVE AND FILE THE FISCAL YEAR 2024-25 ANNUAL AUDITED FINANCIAL STATEMENTS AND RELATED REPORTS.

RECOMMENDATION: That the City Council receive and file the Fiscal Year 2024-25 Annual Audit Report and Financial Statements, the Report on Internal Control over Financial Reporting and on Compliance and other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards , and the Auditors’ Communication with Those Charged with Governance (SAS 114) and Agreed Upon Procedures Applied the Appropriations Limitation Prescribed by Article X111-B of the California Constitution.
7 SPECIAL TAX AND BOND ACCOUNTABILITY REPORTS FOR PUBLIC SERVICES COMMUNITY FACILITIES DISTRICT NO. 1, COMMUNITY FACILITIES DISTRICT NO. 2012-1(SINGLETON HEIGHTS), COMMUNITY FACILITIES DISTRICT NO. 2013-1(JP RANCH) AND COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SUMMERWIND TRAILS) FOR FISCAL YEAR 2024-25.

RECOMMENDATION: That the City Council receive and file Special Tax and Bond Accountability Reports for Fiscal Year 2024-25.

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City Council Action Minutes of the Regular Meeting of
December 15, 2025

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8. PURCHASE OF CATERPILLAR BACKHOE.

RECOMMENDATION: That the City Council:
1) Approve the purchase of the Caterpillar 416 Backhoe from Quinn Cat in the amount of $149,884.37, and
2) Approve the trade in of the 1986 Case 580 Super K backhoe for the estimated value of $7,500 which will reduce the purchase price to $142,384.37, and 3) Adopt Resolution 2025-61, A Resolution of the City Council of the City of Calimesa, California, Amending the FY 2025-26 Budget to Include an Adjustment of $142,384.37 into Vehicle Fund 75.

9. APPLICATION FOR COUNTY OF RIVERSIDE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION FOR CITY OF CALIMESA 2026-2027 COOPERATING CITY ALLOCATION.

RECOMMENDATION: That the City Council approve the application requesting County of Riverside Community Development Block Grant Program (CDBG) Application for City of Calimesa 2026-2027 Cooperating City Allocation for the construction of Americans with Disabilities (ADA) Ramp Replacements at the Intersections of East Avenue L and Douglas Street and Bryant Street and Green Tree Circle.

10. PROFESSIONAL SERVICES AGREEMENT FOR GENERAL PLAN GEOGRAPHIC INFORMATION SYSTEMS “GIS” MAPPING AND MANAGEMENT SERVICES BETWEEN THE CITY OF CALIMESA AND ALBERT A. WEBB ASSOCIATES, INC (“WEBB” OR “CONSULTANT”).

RECOMMENDATION: That the City Council approve the Professional Services Agreement for General Plan GIS Mapping and Management Services between the City of Calimesa and Albert A Webb Associates and authorize the Mayor to execute the Agreement.

CALIMESA CHAMBER OF COMMERCE REPORT
Melissa Monroe, Chamber President stated that a new Executive Assistant has been hired. She announced the Annual Installation Dinner for January 29,2026 at Plantation on the Lakes. She thanked the Council, staff, Sheriff and Fire Departments for their work with the Christmas Parade.

BUSINESS ITEMS

11. APPROVAL OF A NON-BINDING MEMORANDUM OF UNDERSTANDING (MOU)

BETWEEN THE CITIES OF BEAUMONT, BANNING, CALIMESA, AND THE MORONGO

BAND OF MISSION INDIANS TO COLLABORATE ON A LONG-TERM REGIONAL ANIMAL CONTROL SOLUTION.

RECOMMENDATION: That the City Council authorize the City Manager to execute the NonBinding Memorandum of Understanding (“MOU”) with the Cities of Beaumont and Banning and the Morongo Band of Mission Indians to continue collaborative discussions toward the potential formation of a regional Joint Powers Authority (JPA) for animal control services.

City Manager Kolbow presented the agenda report.

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City Council Action Minutes of the Regular Meeting of
December 15, 2025

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After Council discussion the following action was taken:

MOTION BY COUNCIL MEMBER MOLINA, SECONDED BY MAYOR PRO TEM MANLY, MOTION CARRIED 5-0 TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE NONBINDING MEMORANDUM OF UNDERSTANDING (“MOU”) WITH THE CITIES OF BEAUMONT

AND BANNING AND THE MORONGO BAND OF MISSION INDIANS TO CONTINUE

COLLABORATIVE DISCUSSIONS TOWARD THE POTENTIAL FORMATION OF A REGIONAL JOINT POWERS AUTHORITY (JPA) FOR ANIMAL CONTROL SERVICES.

12. CITY COUNCIL REGIONAL ORGANIZATION APPOINTMENTS.

RECOMMENDATION: That the City Council review the Council Regional Organization Assignments list and that the Mayor determine and assign the 2026 representatives.

Deputy City Manager/City Clerk Gerdes presented the agenda report. Mayor Cervantez made appointments as follows:

RCA – Riverside Conservation Authority RCTC – Riverside County Transportation Comm Mayor Cervantez Council Member Molina
Mayor Pro Tem Manly, Alternate Council Member Cundieff, Alternate RTA – Riverside Transit Agency Transportation Now (Riverside Transit Agency) Council Member Molina Council Member Garcia
Council Member Cundieff, Alternate Council Member Cundieff, Alternate TUMF Zone Committee WRCOG Executive Committee
Council Member Cundieff Council Member Cundieff
Mayor Cervantez, Alternate Mayor Cervantez, Alternate
COUNCIL AD-HOC COMMITTEES:

Yucaipa/Calimesa Joint Ad-hoc Committee: Budget/Finance Standing Committee:

Mayor Cervantez and Council Member Molina Mayor Cervantez and Mayor Pro Tem Manly Fire/Sheriff Services Ad-hoc Committee: San Gorgonio Pass Regional Water Alliance:

Mayor Pro Tem Manly and Council Member Cundieff CMember Garcia & CMember Cundieff (Alternate) Parks and Recreation Ad-hoc Committee: Beaumont/Calimesa Joint Ad-hoc Committee:

Mayor Cervantez and Mayor Pro Tem Manly Mayor Cervantez and Council Member Cundieff Summerwind SP Ad-hoc Committee: Mesa Verde SP Ad-hoc Committee:

Mayor Pro Tem Manly and Council Member Cundieff Mayor Cervantez and Council Member Molina Pass Area Animal Control Ad-hoc Committee: Pass Area Truck Routes Ad-hoc Committee:

Council Member Garcia and Council Member Cundieff Council Member Molina and Council Member Garcia The appointments made by the Mayor for all Regional Organizations and Committees and establishment of the Beaumont/Calimesa Joint Ad-Hoc Committee were approved by the following motion:

MOTION BY COUNCIL MEMBER GARCIA, SECONDED BY COUNCIL MEMBER CUNDIEFF, CARRIED 5-0 TO APPROVE THE APPOINTMENTS AS MADE BY MAYOR CERVANTEZ.

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City Council Action Minutes of the Regular Meeting of
December 15, 2025

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MAYOR & COUNCIL MEMBER REPORTING OF COUNTY & REGIONAL

MEETINGS/CONFERENCES
This is the time for general comments, announcements, reports on meetings attended at public expense as required by AB 1234, requests of staff, and other issues of concern to Council Members may be presented briefly at this time. The Council may not legally take action on any item presented at this time other than to direct staff to investigate a complaint or place an item on a future agenda unless (1) by a majority vote, the Council determines that an emergency situation exists, as defined by Government Code § 54956.5 or (2) by a four-fifths vote, the Council determines that there is a need for immediate action and the need for action arose subsequent to the agenda being posted as required by Government Code § 54954.2(b).

Council Member Molina reported that the Lions Club hosted a gift wrapping station December 6, 2025 prior to the Christmas Parade. She further reported that she attended the Christmas Parade, stating that she rode with So Cal Gas Regional Manager Adam Eventov.

Council Member Cundieff reported that he attended the State of Riverside County on December 11, 2025 where they received a vast amount of information from each of the 5 districts. He thanked staff for their help in his first year as a Council Member. He wished all a Merry Christmas.

Council Member Garcia thanked city staff for their professional care and commitment to the community. He thanked the community and residents for their support, communication and trust through the last year. He thanked his wife, children and family for their support and expressed his gratefulness to serve staff and the community. He wished all a Merry Christmas and Happy New Year.

Mayor Pro Tem Manly reported that he attended a Sheriff’s ad-hoc meeting earlier in the day to review RFP’s received for the park surveillance project, adding that the results will be reported a future meeting.

Mayor Cervantez thanked the Council for their willingness to serve on the various committees.

He thanked staff for their work with the Christmas Parade.

CITY MANAGER COMMENTS & REPORTS
City Manager Kolbow thanked staff and the Chamber for their work with the Christmas Parade and the Christmas Village Market. He stated that 2025 was a busy year for events and thanked Mari Shakir and Yaiza Benson for taking the lead on the events. He further thanked public works for their work in all of the events. He announced that the Cherry Valley Interchange Town Hall recording was available to view on the City’s YouTube Channel. He wished all a Merry Christmas and Happy New Year.

ADJOURNMENT
Meeting adjourned at 6:39 p.m. to the Regular Meeting of the City Council on Tuesday, January 20, 2026 at 6:00 p.m.

Respectfully Submitted,
Darlene Gerdes, City Clerk

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CITY COUNCIL MEETING
Agenda Report
Agenda Item No. 2.

SUBJECT: Commission Meeting Minutes Approval
MEETING DATE: February 2, 2026
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION:

That the City Council approve the action minutes of the December 8, 2025 regular meeting of the Planning Commission.

ATTACHMENTS:

1. 12.08.25 pc mins

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CITY COUNCIL MEETING
Agenda Report
Agenda Item No. 3.

SUBJECT: Approval of Accounts Payable and Payroll Warrant Registers MEETING DATE: February 2, 2026
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION:

That the City Council approve the Warrant Registers as presented.

SUMMARY:

The attached check register and payroll reports are as follows:
o Check Register Report with a total of $2,545,855.93 (Check Nos 44706 - 44965) o December 18, 2025 Payroll of $143,69.01
o December 31, 2025 Payroll of $144,158.55
o January 1, 2026, Council Payroll of $3,886.75
o January 15, 2026, Payroll of $147,655.74
ATTACHMENTS:

1. check register report 2-2-2026

2. 12-18-2025 Payroll_Statistical_Summary

3. 12-31-2025 Payroll_Statistical_Summary

4. 01-01-2026 Council Payroll_Statistical_Summary

5. 01-15-2026 Payroll Statistical Summary

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Statistical Summary Batch : Period Ending : Week
Company Code: Quarter Number: Pay Date : Page
Region Name: Current Date : Copyright 1996, 2023 ADP, Inc.

CITY OF CALIMESA

LAPALMA REGION
EJZ
Service Center:
5364070 12/16/2025
12/12/202512/18/2025
51 Recap 4 1
Acct No
LiabilityRecap
Social Security - EESocial Security Adj - EEMedicare - ER Taxes Debited
Earned Income Credit AdvancesMedicare Adj - EEFederal Income Tax 0000
2 246 95
Medicare Surtax - EE
Tran/ABA
18 022 16
Social Security - ERMedicare - EE
00 2 246 94
00 Medicare Surtax Adj - EE
00 99 00
00 Federal Unemployment TaxFMLA-PSL ER FICA CreditEmployee Retention Qualified Payments Credit 000000
COBRA Premium Assistance PaymentsFMLA-PSL Payments CreditFMLA-PSL Health Care Premium CreditEmployee Retention Qualified Health Care Credit 000000
State Income Tax
XXXXXX5405
00 State Unemployment Insurance - EE

XXXXXXXXX
8 821 03
State Unemployment Insurance - ER
Acct No
00 State Unemployment Insurance Adj - EEState Disability Insurance - ER 153 95
State Disability Insurance - EEState Disability Insurance Adj - EE 0000
State Family Leave Insurance - EE
00 1 858 26
00 State Family Leave Insurance - ER
0000
State Family Leave Insurance Adj - EE
Tran/ABA
00 State Medical Leave Insurance - EE
XXXXXX5405
00 State Medical Leave Insurance - ERState Parental Leave Insurance - EE 00 State Medical Leave Insurance Adj - EEState Parental Leave Insurance - ER 00 State Parental Leave Insurance Adj - EE
00 State LTCare - EE
00 State Childcare Contribution - EEWorkers’ Benefit Fund Assessment - EE 00 State Childcare Contribution - ERWorkers’ Benefit Fund Assessment - ERLocal Income Tax 0000
Transit Tax - EE
00000000
School District Tax
Other Transfers
ADP Check
00 ADP Direct Deposit
Total Taxes Debited
107 002 72
Wage Garnishments
Bank Debits andOther Liability
33,448.29

XXXXXXXXX
2 111 86
Total Amount Debited From Your AccountsAdjustments/Prepay/Voids Acct No
143,669.01
00 XXXXXX5405
1 106 14
Tran/ABA XXXXXXXXX
Acct No XXXXXX5405 Tran/ABA XXXXXXXXX

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Statistical Summary Batch : Period Ending : Week
Company Code: Quarter Number: Pay Date : Page
Region Name: Current Date : Copyright 1996, 2023 ADP, Inc.

CITY OF CALIMESA

LAPALMA REGION
EJZ
Service Center:
5364070 12/16/2025
12/12/202512/18/2025
51 Recap 4 2
Taxes - YourResponsibility
None This Payroll

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Statistical Summary Batch : Period Ending : Week
Company Code: Quarter Number: Pay Date : Page
Region Name: Current Date : Copyright 1996, 2023 ADP, Inc.

CITY OF CALIMESA

LAPALMA REGION
EJZ
Service Center:
5364070 12/16/2025
12/12/202512/18/2025
51 Recap 4 3
LiabilityReport
Adjustments/Prepay/VoidsTaxes Your Responsibility
Total
ChecksDirect Deposit
.00.00
Sub-Total
.00
143,669.01143,669.01
Running Total
Taxes Debited/Other Transfers
.00
143,669.01
143,669.01
143,669.01143,669.01

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Statistical Summary Batch : Period Ending : Week
Company Code: Quarter Number: Pay Date : Page
Region Name: Current Date : Copyright 1996, 2023 ADP, Inc.

CITY OF CALIMESA

LAPALMA REGION
EJZ
Service Center:
5364070 12/16/2025
12/12/202512/18/2025
51 Detail 4 4
from your account
Net Pay
Direct DepositsSubtotal Net PayChecks
109,114.58
AdjustmentsTotal Net Pay Liability (Net Cash)
Taxes
2 111 86
00 109,114.58
You are responsible for
Depositing these amounts
Agency
107 002 72
Amount debited
Rate EE withheld ER contrib. EE withheld ER contrib.

Federal Income TaxEarned Income Credit AdvancesSocial SecurityMedicare Federal
18 022 16
Federal Unemployment TaxSubtotal Federal
2 246 94
Medicare Surtax
2 246 95
99 00
20,368.10
FMLA-PSL Health Care Premium CreditEmployee Retention Qualified Payments Cre 2,246.95
FMLA-PSL Payments CreditFMLA-PSL ER FICA Credit
Other
22,615.05
Employee Retention Qualified Health CareCobra Premium Assistance PaymentsTotal Federal 20,368.10Wage Garnishments 2,246.95
StateTransfers
Tran/ABA
22,615.05
CA State Income TaxCA State Unemployment Insurance-ERCA State Disability Insurance-EE 8 821 03
153 95
1 858 26
Subtotal CAADP Direct Deposit
3 4000
Amount ADP Debited From Account
44 Employee Transactions
ADP Check
1 106 14
107 002 72
2 111 86
Amount ADP Debited From Account
143,669.01
XXXXXX5405 Tran/ABAXXXXXX5405
Total Amount ADP Debited From Your Accounts
10,679.29

XXXXXXXXX
153.95
110,220.72
10,833.24
Total Taxes

XXXXXXXXX
.00
33,448.29
.00
Excludes Taxes That Are Your Responsibility
31,047.39 2,400.90 33,448.29

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Statistical Summary Batch : Period Ending : Week
Company Code: Quarter Number: Pay Date : Page
Region Name: Current Date : Copyright 1996, 2023 ADP, Inc.

CITY OF CALIMESA

LAPALMA REGION
EJZ
Service Center:
6119070 12/26/2025
12/26/202512/31/2025
53 Recap 4 1
Acct No
LiabilityRecap
Social Security - EESocial Security Adj - EEMedicare - ER Taxes Debited
Earned Income Credit AdvancesMedicare Adj - EEFederal Income Tax 242 49
00 2 117 32
Medicare Surtax - EE
Tran/ABA
17 065 98
Social Security - ERMedicare - EE
242 49
2 117 35
00 Medicare Surtax Adj - EE
00 112 04
00 Federal Unemployment TaxFMLA-PSL ER FICA CreditEmployee Retention Qualified Payments Credit 000000
COBRA Premium Assistance PaymentsFMLA-PSL Payments CreditFMLA-PSL Health Care Premium CreditEmployee Retention Qualified Health Care Credit 000000
State Income Tax
XXXXXX5405
00 State Unemployment Insurance - EE

XXXXXXXXX
8 619 83
State Unemployment Insurance - ER
Acct No
00 State Unemployment Insurance Adj - EEState Disability Insurance - ER 00 State Disability Insurance - EEState Disability Insurance Adj - EE 0000
State Family Leave Insurance - EE
00 1 750 26
00 State Family Leave Insurance - ER
0000
State Family Leave Insurance Adj - EE
Tran/ABA
00 State Medical Leave Insurance - EE
XXXXXX5405
00 State Medical Leave Insurance - ERState Parental Leave Insurance - EE 00 State Medical Leave Insurance Adj - EEState Parental Leave Insurance - ER 00 State Parental Leave Insurance Adj - EE
00 State LTCare - EE
00 State Childcare Contribution - EEWorkers’ Benefit Fund Assessment - EE 00 State Childcare Contribution - ERWorkers’ Benefit Fund Assessment - ERLocal Income Tax 0000
Transit Tax - EE
00000000
School District Tax
Other Transfers
ADP Check
00 ADP Direct Deposit
Total Taxes Debited
108 173 63
Wage Garnishments
Bank Debits andOther Liability
32,267.76

XXXXXXXXX
2 795 04
Total Amount Debited From Your AccountsAdjustments/Prepay/Voids Acct No
144,158.55
00 XXXXXX5405
922 12
Tran/ABA XXXXXXXXX
Acct No XXXXXX5405 Tran/ABA XXXXXXXXX

Page 29 of 545 ends

Statistical Summary Batch : Period Ending : Week
Company Code: Quarter Number: Pay Date : Page
Region Name: Current Date : Copyright 1996, 2023 ADP, Inc.

CITY OF CALIMESA

LAPALMA REGION
EJZ
Service Center:
6119070 12/26/2025
12/26/202512/31/2025
53 Recap 4 2
Taxes - YourResponsibility
None This Payroll

Page 30 of 545 ends

Statistical Summary Batch : Period Ending : Week
Company Code: Quarter Number: Pay Date : Page
Region Name: Current Date : Copyright 1996, 2023 ADP, Inc.

CITY OF CALIMESA

LAPALMA REGION
EJZ
Service Center:
6119070 12/26/2025
12/26/202512/31/2025
53 Recap 4 3
LiabilityReport
Adjustments/Prepay/VoidsTaxes Your Responsibility
Total
ChecksDirect Deposit
.00.00
Sub-Total
.00
144,158.55144,158.55
Running Total
Taxes Debited/Other Transfers
.00
144,158.55
144,158.55
144,158.55144,158.55

Page 31 of 545 ends

Statistical Summary Batch : Period Ending : Week
Company Code: Quarter Number: Pay Date : Page
Region Name: Current Date : Copyright 1996, 2023 ADP, Inc.

CITY OF CALIMESA

LAPALMA REGION
EJZ
Service Center:
6119070 12/26/2025
12/26/202512/31/2025
53 Detail 4 4
from your account
Net Pay
Direct DepositsSubtotal Net PayChecks
110,968.67
AdjustmentsTotal Net Pay Liability (Net Cash)
Taxes
2 795 04
00 110,968.67
You are responsible for
Depositing these amounts
Agency
108 173 63
Amount debited
Rate EE withheld ER contrib. EE withheld ER contrib.

Federal Income TaxEarned Income Credit AdvancesSocial SecurityMedicare Federal
17 065 98
242 49
2 117 35
Medicare SurtaxFederal Unemployment Tax
Other
242 49
2 117 32
112 04
State
Subtotal Federal
XXXXXX5405
19,537.86
FMLA-PSL Health Care Premium CreditEmployee Retention Qualified Payments Cre 2,359.81
FMLA-PSL Payments CreditFMLA-PSL ER FICA CreditEmployee Retention Qualified Health Care 21,897.67
Cobra Premium Assistance PaymentsTotal Federal
Tran/ABA
19,537.86
Transfers
144,158.55
2,359.81
CA State Income TaxCA State Unemployment Insurance-ERCA State Disability Insurance-EE 21,897.67
8 619 83
3 4000
1 750 26
Subtotal CAADP CheckADP Direct Deposit
2 795 04
Wage GarnishmentsAmount ADP Debited From Account
43 Employee Transactions
922 12
XXXXXX5405
Amount ADP Debited From Account
108 173 63
Tran/ABA

XXXXXXXXX
10,370.09
Total Taxes

XXXXXXXXX
111,890.79
Total Amount ADP Debited From Your Accounts
10,370.09
.00
32,267.76
.00
Excludes Taxes That Are Your Responsibility
29,907.95 2,359.81 32,267.76

Page 32 of 545 ends

Statistical Summary Batch : Period Ending : Week
Company Code: Quarter Number: Pay Date : Page
Region Name: Current Date : Copyright 1996, 2023 ADP, Inc.

CITY OF CALIMESA

LAPALMA REGION
EJ2
Service Center:
6118070 12/26/2025
12/31/202501/02/2026
01 Recap 1 1
Acct No
LiabilityRecap
Social Security - EESocial Security Adj - EEMedicare - ER Taxes Debited
Earned Income Credit AdvancesMedicare Adj - EEFederal Income Tax 217 00
00 50 75
Medicare Surtax - EE
Tran/ABA
200 00
Social Security - ERMedicare - EE
217 00
50 75
00 Medicare Surtax Adj - EE
000000
Federal Unemployment TaxFMLA-PSL ER FICA CreditEmployee Retention Qualified Payments Credit 000000
COBRA Premium Assistance PaymentsFMLA-PSL Payments CreditFMLA-PSL Health Care Premium CreditEmployee Retention Qualified Health Care Credit 000000
State Income Tax
XXXXXX5405
00 State Unemployment Insurance - EE

XXXXXXXXX
00 State Unemployment Insurance - ERADP Check
00 State Unemployment Insurance Adj - EEState Disability Insurance - ER 119 00
State Disability Insurance - EEState Disability Insurance Adj - EE 0000
State Family Leave Insurance - EE
000000
State Family Leave Insurance - ER
0000
State Family Leave Insurance Adj - EE
Acct No
00 State Medical Leave Insurance - EE
XXXXXX5405
00 State Medical Leave Insurance - ERState Parental Leave Insurance - EE 00 State Medical Leave Insurance Adj - EEState Parental Leave Insurance - ER 00 State Parental Leave Insurance Adj - EE
00 State LTCare - EE
00 State Childcare Contribution - EEWorkers’ Benefit Fund Assessment - EE 00 State Childcare Contribution - ERWorkers’ Benefit Fund Assessment - ERLocal Income Tax 0000
Transit Tax - EE
00000000
School District Tax
Other Transfers
Total Amount Debited From Your Account
Bank Debits and
00 3 032 25
Total Taxes Debited
Tran/ABA
Other LiabilityTaxes - YourResponsibility
854.50

XXXXXXXXX
3,886.75
Direct Deposit
None This Payroll
3,886.75
00 Adjustments/Prepay/Voids 00
3,886.753,886.753,886.75
Total Liability

Page 33 of 545 ends

Statistical Summary Batch : Period Ending : Week
Company Code: Quarter Number: Pay Date : Page
Region Name: Current Date : Copyright 1996, 2023 ADP, Inc.

CITY OF CALIMESA

LAPALMA REGION
EJ2
Service Center:
6118070 12/26/2025
12/31/202501/02/2026
01 Detail 1 2
from your account
Net Pay
Direct DepositsSubtotal Net PayChecks
3,032.25
AdjustmentsTotal Net Pay Liability (Net Cash)
Taxes
3 032 25
00 3,032.25
You are responsible for
Depositing these amounts
Agency
00 Amount debited
Rate EE withheld ER contrib. EE withheld ER contrib.

Federal Income TaxEarned Income Credit AdvancesSocial SecurityMedicare Federal
200 00217 00
50 75
Medicare SurtaxFederal Unemployment Tax
Other
217 00
50 75
Transfers
Subtotal Federal
XXXXXX5405
467.75
FMLA-PSL Health Care Premium CreditEmployee Retention Qualified Payments Cre 267.75
FMLA-PSL Payments CreditFMLA-PSL ER FICA CreditEmployee Retention Qualified Health Care 735.50
Cobra Premium Assistance PaymentsTotal Federal 467.75
State
CA State Unemployment Insurance-ERCA State Disability Insurance-EESubtotal CA 267.75
CA State Income Tax
119 00
Amount ADP Debited From Account
735.50
3 4000
Tran/ABA
ADP CheckAmount ADP Debited From Account
3 032 25
XXXXXX5405
Total Amount ADP Debited From Your Accounts
119.00
Tran/ABA
3,886.75
119.00

XXXXXXXXX
Total Taxes

XXXXXXXXX
3,032.25
.00
854.50
.00
Excludes Taxes That Are Your Responsibility
467.75 386.75 854.50

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CITY COUNCIL MEETING
Agenda Report
Agenda Item No. 4.

SUBJECT: Surplus of 2009 Ford Escape Hybrid
MEETING DATE: February 2, 2026
PREPARED BY: Kyle Coney, Maint. Superintendent
RECOMMENDATION:

That the City Council adopt Resolution No. 2026-03 approving the surplus of the existing 2009 Ford Escape Hybrid vehicle.

BACKGROUND:

The City’s Citizens on Patrol Vehicle, a 2009 Ford Escape Hybrid with 78,722 miles, has a researched trade-in value of $2,900. The annual maintenance costs required to keep this vehicle operational exceed its current market value. Therefore, staff recommends this vehicle be sent to surplus.

DISCUSSION:

City staff recommends this vehicle be sent to surplus due to ongoing mechanical issues and the need for significant repairs. The replacement hybrid battery required to allow the vehicle to function will cost the city an estimated amount of $19,735. This vehicle was being utilized once a week by the Citizens on Patrol volunteers. They are now using one of the Ford Fusions.

FISCAL IMPACT:

The final sales price will approximate the value of the vehicle, estimated at $2,900. The revenue from the sale of the vehicle will be placed in the general fund.

ATTACHMENTS:

1. Consent Item - Surplus Resolution 2009 Ford Escape

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RESOLUTION NO. 2026-03

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIMESA, CALIFORNIA DECLARING ONE VEHICLE AS

SURPLUS PROPERTY AND PROVIDING FOR THE SALE OF SAID

PROPERTY
WHEREAS, Chapter 3.15.160, Surplus supplies and equipment, of the Calimesa Municipal Code, provides that all departments shall submit to the City Manager, at such times and in such form as he/she shall prescribe, reports showing all supplies, materials and equipment which are no longer used or which have become obsolete or worn out; and
WHEREAS, the City Manager shall have the authority to sale as surplus all supplies, materials and equipment which cannot be used by any department or which have become unsuitable for city use, or to exchange the same for, or trade in the same on, new supplies, materials and equipment.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. The City Council hereby declares certain property described in Exhibit A, hereto attached, as surplus property.

Section 2. The City Manager is hereby authorized to sale said property pursuant to the procedures set forth in Chapter 3.15.160 of the Calimesa Municipal Code.

PASSED, APPROVED AND ADOPTED this 2nd day of February 2026. _____________________________________

JEFF CERVANTEZ, MAYOR
ATTEST:
_________________________________________

DARLENE GERDES, CITY CLERK

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EXHIBIT A
RESOLUTION NO. 2026-03
VEHICLE DESIGNATED AS SURPLUS:

Year, Make & Model: 2009 Ford Escape Hybrid
License No: 1357014
VIN No.: 1FMCU493X9KB29611
Miles: 78,722

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CITY COUNCIL MEETING
Agenda Report
Agenda Item No. 5.

SUBJECT: Second Amendment to Agreement for Professional Services (On-Call Planning) between the City of Calimesa and Michael Baker International, Inc. ("Consultant" or "MBI")
MEETING DATE: February 2, 2026
PREPARED BY: Kelly Lucia, Community Development Director RECOMMENDATION:

It is respectfully recommended that the City Council approve Amendment No. 2 to the Agreement for professional consulting services (on-call planning) between the City of Calimesa and Michael Baker International, Inc.

BACKGROUND:

As the Council is aware, the City is experiencing a great deal of proposed entitlement and development activity. This development activity is occurring in the City’s downtown area and existing core, within the Summerwind Ranch Specific Plan area, the Mesa Verde Specific Plan area, the Heritage Oaks Specific Plan, and others. The Planning Department is currently staffed with two full-time employees – one Community Development Director and one Senior Planner.

Due to the volume and complexity of the current development projects, the City is in need of supplemental professional services. The City, historically, contracted with MBI, which has successfully provided on-call planning services since February 2022.

DISCUSSION:

The consultant, MBI, has a qualified team that is capable of providing the full range of skills including planning-related development and land-use project review/entitlement processing, public counter services, plan check services, map review, CEQA document preparation, regulatory permitting support, and peer reviews of CEQA documents and associated technical reports. The MBI team includes senior planning and CEQA practitioners who have provided services as extension of staff for a variety of local agencies, including Riverside County Planning Department, City of Eastvale, City of Banning, City of Yucaipa, City of Redlands, City of Grand Terrace, and San Bernardino County Transportation Authority. MBI offers planning services out of their Palm Desert office with additional support from their Inland Empire offices in Temecula and Ontario.

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The proposed scope of the consultant’s work will include the following:

On call planning services to include a wide range of planning and entitlement projects, including specific plans, General Plan amendments, tentative tract/parcel maps, conditional use permits, development plan reviews, and other miscellaneous tasks as assigned in writing by the Calimesa Community Development Director.

This agreement, as amended, contains an initial term (which occurred February 19, 2022-June 30, 2022), five automatic one-year extensions (up until June 30, 2027), (with authorization of the City Manager), services to be performed, and an hourly rate schedule.

FISCAL IMPACT:

The contractual agreement allows for $200,000 per term, of which a significant portion will be reimbursed through Developer Deposit Agreements. The Fiscal Year 2025-26 Planning Department budget provides for sufficient funding for direct professional services.

ATTACHMENTS:

1. Professional Services Agreement - MBI - Amend No. 2

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1 SECOND AMENDMENT TO AGREEMENT FOR

PROFESSIONAL SERVICES BETWEEN THE CITY OF

CALIMESA AND MICHAEL BAKER INTERNATIONAL,
INC. (“CONSULTANT”)
This Second Amendment (herein “Second Amendment”) is entered into this 20th day of January 2026 and is an amendment to that certain Agreement (herein “Initial Agreement”) that was made and entered into on February 22, 2022 by and between the City of Calimesa, a California municipal corporation (“City”) and, Michael Baker International, Inc., a Pennsylvania corporation (“Consultant”). City and Consultant may be collectively referred to as “Parties.”

R E C I T A L S
WHEREAS, City has determined that it requires a consultant and independent contractor to provide certain planning consulting services for City; WHEREAS, Consultant represents that Consultant has the necessary education, experience, skills, and expertise to provide the type of services needed by City to provide planning consulting services;
WHEREAS, on February 22, 2022, the City entered into an Initial Agreement with Consultant to provide planning consulting services to the City with an agreed upon cap in payment for all services provided of $60,000.00 per term;
WHEREAS, on June 19, 2023, the City entered into the First Amendment to the Initial Agreement with Consultant to extend the term of the Agreement to June 30, 2025, and increase the upon cap in payment for all services provided to $100,000.00 per term; WHEREAS, Consultant performed planning services during the previous contract term in a satisfactory manner; and
WHEREAS, the Parties now desire to amend the Agreement to extend the term and set compensation for the additional term and any extensions thereto.

NOW, THEREFORE, the Parties agree as follows:

Section 1. Section 1 (Term) is hereby amended in its entirety to read as follows:
“B. This Agreement shall automatically renew for a period of one (1) additional year, from July 1, 2022 through June 30, 2023, unless notice of intent not to renew is made by either party, in writing, delivered to the other, thirty (30) days prior to its expiration date. City, at its sole option, may extend the term of this Agreement for up to five additional terms of one year each, by providing written notice to Consultant not less than thirty (30) days prior to the end of an existing contract year. If timely elected by City, the additional five individual terms may accumulated until June 30, 2027, unless sooner terminated in accordance with the provisions of Section 5 of this Agreement. Any such one-year extension shall be conditioned upon the City Council’s prior approval of the additional required funding for such additional one-year term. The City Manager is able to authorize term extensions. Any Services performed during the automatic renewal period and any subsequent additional terms shall be compensated according to Section 4, as amended in Sections 2 and 3 of the First Amendment.”

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2 Section 2. Subsection 4.A of Section 4 (Payment) is hereby amended in its entirety to read as follows:
“A. City shall pay Consultant monthly for Services actually provided, in accordance with the Cost Proposal attached to the Amendment as Exhibit B, and incorporated herein by this reference as though set forth in full. Payment under this Agreement shall be based upon actual time spent on the Services. The total compensation paid to Consultant for the initial term shall not exceed Sixty Thousand Dollars ($60,000). Each additional one-year term of this Agreement shall not exceed Two Hundred Thousand Dollars ($200,000.00), unless additional compensation is authorized by the City Manager as provided in Subsection B of this Section 4.

City shall not pay or reimburse Consultant for any of its expenses, including but not limited to taxes, insurance, Consultant’s employee salaries and fringe benefits, as well as indirect costs, overhead and profit allowance, vehicles, travel, equipment, materials and supplies, except as otherwise authorized in the Cost Proposal. In no event shall the total amount paid to Consultant, including compensation and reimbursement for the items listed in the Schedule of Charges, exceed each term’s maximum compensation authorized by the City.” Section 3. Exhibit A and Exhibit B constitute a part of the Agreement and are incorporated into this Amendment by this reference. If any inconsistency exists or arises between a provision of this Amendment and a provision of any exhibit, or between a provision of this Amendment and a provision of Consultant’s proposal, the provisions of this Amendment shall control.

Section 4. Internal Consistency. This Amendment and its Exhibit A and Exhibit B amend the Agreement and its Appendices. Prior to execution, the City Clerk shall make any necessary changes to this Amendment and the letter designation of appendices and exhibits, including, if necessary, removing superseded or inapplicable attachments for internal consistency, and attach to the Agreement the Exhibit A (Services, Tasks, and Duties to be Performed) and Exhibit B (Hourly Rate Schedule for On-Call Planning Consulting Services) attached to this Amendment.

Section 5. Except as otherwise amended in this Second Amendment, the remaining provisions of the Agreement shall remain in full force and effect.

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3 IN WITNESS WHEREOF, City and Consultant have executed this Second Amendment to the Agreement the day and year first above written.

ATTEST:

By: ____________________________
Darlene Gerdes, City Clerk
“City”
THE CITY OF CALIMESA, a municipal
corporation of the State of California
By:

Jeff Cervantez, Mayor
APPROVED AS TO FORM:
________________________________
Steven Flower
City Attorney
CONSULTANT:

Michael Baker International, Inc.

By:

Name:

Title:

By:

Name:

Title:

Page 44 of 545 ends

4 Exhibit A
SERVICES, TASKS, AND DUTIES TO BE PERFORMED (“SERVICES”) On call planning services to include a wide range of planning and entitlement projects, including specific plans, General Plan amendments, tentative tract/parcel maps, conditional use permits, development plan reviews, and other miscellaneous tasks as assigned in writing by the Calimesa Community Development Director.

Page 45 of 545 ends

5 Exhibit B
Hourly Rate Schedule for On-Call Planning Consulting Services

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CITY OF CALIMESA COMMUNITY DEVELOPMENT DEPARTMENT ON-CALL PLANNING SERVICES 2026 FEE SCHEDULE
The table below presents 2026 hourly rates for Michael Baker staff. These rates apply for the first year of the on-call agreement. An annual adjustment of 5 percent is requested for subsequent years. Overtime rates are assumed to be time and a half and will not be incurred without prior agreement by the City. Invoicing would be submitted to the City, typically, on a monthly basis.
2026 Hourly Rate Schedule for
On-Call Planning Consulting Services
Classification Hourly Rate
Principal/Project Director/Program Manager $220.00 - $260.00 Senior Planning Project Manager $199.00 - $230.00
Planning Technical Manager $180.00 - $210.00
Principal Planner/Architect/Scientist $155.00 - $195.00 Senior Planner/Architect/Scientist $145.00 - $170.00
Associate Planner/Architect/Scientist $120.00 - $185.00 Assistant Planner/Architect/Scientist $95.00 - $120.00
Senior GIS Analyst/Graphic Artist $155.00 - $180.00
GIS Analyst/Graphic Artist $85.00 - $115.00
Office Support/Clerical/Technical Editor $85.00 - $100.00 Staff Specific Rates
Tamara Harrison, Senior Planning Project Manager $209
Carolyn Fahey, Principal Planner $193
Sophia Tatlyan, Senior Planner $171
Jon Braginton, Senior Planner $171

Page 47 of 545 ends

CITY COUNCIL MEETING
Agenda Report
Agenda Item No. 6.

SUBJECT: First Amendment to the Professional Services Agreement for Professional Auditing Services with Rogers, Anderson, Malody, & Scott, LLP
MEETING DATE: February 2, 2026
PREPARED BY: Celeste Reid, Finance Director
RECOMMENDATION:

That the City Council approve a First Amendment to the Professional Services Agreement with Rogers, Anderson, Malody & Scott, LLP, to extend the term of the agreement to Fiscal Years ending June 30, 2026 and June 30, 2027 and authorize the City Manager to execute the contract.

BACKGROUND:

On April 3, 2023, the City of Calimesa awarded a contract for annual auditing services to Rogers, Anderson, Malody, & Scott, LLP.

DISCUSSION:

Staff respectfully recommends the City Council approve the First Amendment to the professional services agreement with Rogers, Anderson, Malody & Scott, LLP. The original term of the agreement was for professional auditing services for the periods of June 30, 2023 through June 30, 2025 and allowed for an extension for two additional years, through June 30, 2026 and 2027 by mutual agreement.

FISCAL IMPACT:

The Finance Department budget has sufficient funding allocated for professional audit services.

ATTACHMENTS:

1. Attachment A 1st Amendment PSA RAMS

2. Attachment B RAMS Agreement 2023 Signed

Page 48 of 545 ends

FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF CALIMESA AND ROGERS, ANDERSON, MALODY, &

SCOTT, LLP FOR PROFESSIONAL AUDITING SERVICES
This First Amendment (“First Amendment”) is entered into this 20TH day of January 2026, by and between the City of Calimesa, a municipal corporation (“City”) and Rogers, Anderson, Malody, & Scott, LLP (“Consultant”), and is an amendment to an Agreement that was entered into by City and Consultant on April 3, 2023. City and Consultant may be collectively referred to as “Parties.”

RECITALS
WHEREAS, the Parties entered into an Agreement for professional services on April 3, 2023 (“Agreement”) by which Consultant provides professional auditing services; and WHEREAS, the Parties now desire to further amend the Agreement to extend the term; NOW, THEREFORE, the Parties agree as follows:

1. Section 2. TERM. is amended to read as follows:

This Agreement shall be from the Effective date through June 30, 2027, unless sooner terminated as provided in 3.5.1 of this agreement.

2. In all other respects, the terms and provisions of the Agreement, inclusive of the First Amendment, shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have by their duly authorized representatives executed this Amendment.

CITY OF CALIMESA ROGERS, ANDERSON, MALODY, &

SCOTT LLP
By: By:

Name: Will Kolbow Name: _________________________
Title: City Manager Title: __________________

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CITY COUNCIL MEETING
Agenda Report
Agenda Item No. 7.

SUBJECT: Notice of Completion of City Roofing Project – Tile Roof Repair at Norton Younglove Senior Center (Bid No. 2025-03) and approval of change orders
MEETING DATE: February 2, 2026
PREPARED BY: Mari Shakir, Public Works Director
RECOMMENDATION:

That the City Council:
1) Accept the completed work by Titans Group Corporation for the City Roofing Project – Tile Roof Repair at the Norton Younglove Senior Center, Project No. 2025-03. 2) Authorize the City Clerk to file the Notice of Completion with the County Recorder’s Office. 3) Authorize the release of retention in accordance with state law upon the expiration of the 35-day lien period.
4) Approve Change Orders Nos. 1, 3, and 4 to the construction contract with Titans Group Corporation in the total amount of $24,261.08, resulting in a final contract amount of $115,025.92.

BACKGROUND:

On September 15, 2025, the City Council awarded a construction contract to Titans Group Corporation in the amount of $86,000 for the City Roofing Project – Tile Roof Repair at the Norton Younglove Senior Center. The project included removal and replacement of damaged roof tiles, replacement of the underlayment and limited repair of underlying roof components to address long-standing leaks and extend the service life of the facility roof.

DISCUSSION:

Construction of the roofing improvements was completed on December 18, 2025 in accordance with the project plans and specifications. Recording a Notice of Completion will formally document the completion of the public improvement and initiate the statutory lien period pursuant to California Civil Code Section 9204. Staff has inspected the completed work and confirmed it meets the City's expectations and contract requirements. No further work remains, and all close-out documentation has been received or is in progress.

Page 94 of 545 ends

During construction, several unforeseen conditions were encountered that required additional work beyond the original contract scope. Roofing projects of this nature inherently involve concealed conditions that cannot be fully evaluated until the existing roofing materials are removed. At the time of bidding, the condition of the structural roof components—including purlins, sheathing, and the extent of tile deterioration—could not be fully determined without removing the existing tile and underlayment. These components are concealed beneath multiple roofing layers, and invasive inspection prior to construction would have risked further damage and increased preconstruction costs. As a result, the project included limited allowances for anticipated repairs; however, once demolition began, the actual conditions were found to be more extensive than originally estimated.

Specifically:

Change Order No. 1 ($7,126.08): Replacement of five rotted roof purlins was required to restore structural integrity once deterioration was exposed during tile and underlayment removal.

Change Order No. 3 ($7,560.00): A significantly larger area of deteriorated roof sheathing was discovered than anticipated, requiring replacement of a total of 1,024 square feet of plywood with an original allowance of 160 square feet.

Change Order No. 4 ($9,575.00): Additional clay roof tiles were required to complete the field and ridge installation due to breakage, wear, and incompatibility of existing tiles once removed, requiring replacement of 816 tiles with an original allowance of 50 tiles.

Although the contract included a 10% contingency to address unforeseen conditions, the cumulative cost of the necessary repairs exceeded the contingency amount. The additional work was essential to ensure a watertight, code-compliant, and structurally sound roof system.

Deferring or omitting this work would have compromised the longevity of the roof and exposed the City to future maintenance and liability risks.

City staff reviewed the scope and pricing of each change order and determined the costs to be reasonable and consistent with industry standards. Approval by the City Council is required as the total change orders exceed the authorized contingency.

FISCAL IMPACT:

The original construction contract amount was $86,000. With approved change orders, the final contract amount is $112,286.08. Sufficient funds are available within the Capital Projects Fund to cover the additional costs.

ATTACHMENTS:

1. Notice of Completion 1

Page 95 of 545 ends

2. Change Orders Invoice

Page 96 of 545 ends

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

CITY OF CALIMESA

CITY CLERK
908 PARK AVENUE
CALIMESA, CA 92320
SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY

NOTICE OF COMPLETION
Pursuant to the provisions of Section 9204 of the California Civil Code, notice is hereby given of completion of the following public work of improvement:

Project Name: CITY ROOFING PROJECT – TILE ROOF REPAIR AT NORTON YOUNGLOVE SENIOR CENTER (Bid No. 2025-03)
Date of Completion: December 18, 2025.

Name and address of Owner: City of Calimesa, 908 Park Avenue, Calimesa, CA 92320 Name and address of Contractor: Titans Group Corporation, 1459 Industrial Ave., Escondido, CA 92029
Name and address of Construction Lender: None
Description of site: 908 Park Avenue. Calimesa, CA 92320 DATED: January 20, 2026

CITY OF CALIMESA
A Municipal Corporation

Mari Shakir, Public Works Director

VERIFICATION
I, the undersigned, say: I am the City of Calimesa City Clerk, the declarant of the foregoing notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on January 20, 2026 at Calimesa, California

_____________________________________________
Darlene Gerdes, City Clerk
City of Calimesa
908 Park Avenue
Calimesa California, 92320

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Titans Group Corporation Prepared by Alexa Dang
CSLB: 1128406 (C-39, B, C-10) Page 1 of 1
DIR: 2000006115 Payment Information
1459 Industrial Ave Invoice Amount $24,261.08
Escondido, CA 92029 BID NO 2025-03
Duke Le Payment for: Phone: 858-688-5950 Tile Roof Repair at Norton Younglove Senior Center Email: [email protected] Change Orders #01,#02,#03,#04 Customer: City of Calimesa Date: 1/8/2026
908 Park Ave Calimesa, CA 92320
Description Qty Unit Price Amount
Chang Order #01 (Remove & Install 05 Purlins) 1 $7,126.08 $7,126.08 Chang Order #03 (Removed and installed 1,024 SF plywood) 1 $7,560.00 $7,560.00 Chang Order #04 (Furnish and install 816 clay tiles) 1 $9,575.00 $9,575.00 Balance $24,261.08

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CITY COUNCIL MEETING
Agenda Report
Agenda Item No. 8.

SUBJECT: Resolution 2026-01 - A Resolution of the City Council of the City of Calimesa, California Designating Applicant's Agents for Non-State Agencies
MEETING DATE: February 2, 2026
PREPARED BY: Will Kolbow, City Manager
RECOMMENDATION:

That the City Council adopt Resolution 2026-01. A Resolution of the City Council of the City of Calimesa, California Designating Applicant's Agents for Non-State Agencies.

BACKGROUND:

The City of Calimesa was awarded a Community Project Funding (CPF) grant administered through the Federal Emergency Management Agency (FEMA) for the FY 2024 Emergency Operations Center (EOC) Grant, secured with support from Congressman Ken Calvert.

As a condition of eligibility for FEMA-related funding administered within California, all nonstate applicants are required to have an active Designation of Applicant’s Agent Resolution for Non-State Agencies, commonly referred to as Cal OES Form 130, on file with the California Governor’s Office of Emergency Services (Cal OES).

Cal OES requires this resolution to formally designate authorized agents who may act on behalf of the City in matters related to federal and state disaster assistance programs, including the execution of applications, assurances, certifications, and reimbursement documentation. The resolution must be adopted by the governing body and must be current; resolutions are valid for a maximum period of three (3) years.

Upon review of the City’s existing records, staff determined that the City’s prior Cal OES authorization resolution was outdated and no longer valid for current or future grant activity.

Therefore, adoption of an updated resolution is required to maintain eligibility and ensure compliance with Cal OES and FEMA administrative requirements.

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DISCUSSION:

Adoption of Resolution No. 2026-01 designates the City Manager, Deputy City Manager, and Finance Director as authorized agents for the City of Calimesa for purposes of applying for and administering disaster-related financial assistance through Cal OES and FEMA.

This Resolution incorporates the standardized language and required assurances set forth in Cal OES Form 130, which is a universal authorization used statewide by cities, counties, and special districts. The Resolution does not approve new funding, authorize new expenditures, or commit the City to any additional program participation beyond what has already been awarded.

The Resolution is administrative in nature and is required for:
• Submission and administration of FEMA and Cal OES grant agreements • Execution of grant-related documents and certifications • Processing of reimbursements and close-out documentation The Resolution will remain effective for three (3) years from the date of adoption and will apply to all open and future disaster assistance programs during that period, consistent with Cal OES requirements.

FISCAL IMPACT:

None.

ATTACHMENTS:

1. Resolution 2026-01

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1 RESOLUTION 2026-01

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CALIMESA, CALIFORNIA DESIGNATING APPLICANT’S

AGENTS FOR NON-STATE AGENCIES

RECITALS
WHEREAS, the City of Calimesa received a Community Project Funding grant through the Federal Emergency Management Agency for the FY24 EOC FEMA Grant; and
WHEREAS, the City is required to complete a Designation of Applicant’s Agent Resolution for Non-State Agencies (Cal OES 130) to be eligible to receive funding; and WHEREAS, the required components of the State of California Governor’s Office of Emergency Services, Cal OES 130, have been included here in this Resolution.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA DOES HEREBY FIND, ORDER AND RESOLVE AS FOLLOWS:

1. That the City Manager OR Deputy City Manager OR Finance Director is hereby authorized to execute for and of behalf of the City of Calimesa, a public entity established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining certain federal financial assistance under Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.

2. That the City of Calimesa, a public entity established under the laws of the State of California, hereby authorizes its agents to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.

3. This is a universal Resolution and is effective for all open and future disasters up to three (3) years following the date of approval below.

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2 PASSED, APPROVED and ADOPTED this ____ day of ____, 2026. _____________________________________

JEFF CERVANTEZ, MAYOR
ATTEST:
__________________________________

DARLENE GERDES, CITY CLERK

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CITY COUNCIL MEETING
Agenda Report
Agenda Item No. 9.

SUBJECT: Treasurer's Report for the month ended November 30, 2025 MEETING DATE: February 2, 2026
PREPARED BY: Celeste Reid, Finance Director
RECOMMENDATION:

That the City Council receive and file the Investment Report for the month ended November 30, 2025.

BACKGROUND:

Pursuant to Council Resolution No. 2025-50 approved on September 15, 2025, the monthly Treasurer’s Report is hereby submitted. The report complies with the aforementioned Council resolution, as well as Government Code Section 53646.

DISCUSSION:

The investment report provides information in accordance with the Investment Policy approved by Council Resolution No. 2025-50. Information includes the reporting of realized and unrealized gain and loss activity for the respective month of reporting. Generally, unrealized gains and losses are the day-to-day increases or decreases in an assets value. Until an investment is sold for cash, the gains or losses remain unrealized. Realized gains and losses reflect the results of selling of investments and are the difference between the cost basis and the market value as of the transaction date of sale. The City will continually have reportable changes of unrealized gain and loss activity between cost basis and market value as underlying investments are subject to the variability of market conditions. Staff evaluates investment options on an ongoing basis to ensure reasonable access to funds and reserves are set aside to maintain availability of cash position for general operations and capital assets.

There were no significant transactions during the month of November 2025.

FISCAL IMPACT:

Revenue of $10,863 of interest and dividend earnings was recognized for Checking Sweep account, CFD and Successor Agency funds.

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ATTACHMENTS:

1. Treasurer's Report for the month ended November 30, 2025

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CITY OF CALIMESA

INVESTMENT REPORT
For the Month Ended November 30, 2025

CASH AND INVESTMENTS HELD FOR CITY OPERATIONS
Yield Interest &
Par Maturity Cost Market % of Coupon Interest Dividends Realized Unrealized Institution/Investment Type Value Call Date Basis Value Porfolio Rate Rate Earned Gain(Loss) Gain(Loss) Bank of America (Checking) 1,303,206 On Demand 1,303,206 $ 1,303,206 $ 5% N/A 2.9% 3,555 $ N/A N/A Local Agency Investment Fund (LAIF) 24,958,061 On Demand 24,958,061 $ 25,006,219 $ 95% N/A 4.10% - $ N/A 48,159 $ Petty Cash 400 On Demand 400 400 0% N/A None - N/A N/A
Total Cash and Investments Held by City 26,261,667 $ 26,309,825 $ 100% 3,555 $

CASH AND INVESTMENTS HELD BY THIRD PARTY TRUSTEE
Yield Interest &
Par Maturity Cost Market % of Coupon Interest Dividends Realized Unrealized Institution/Investment Type Value Call Date Basis Value Porfolio Rate Rate Earned Gain(Loss) Gain(Loss) Bank of New York Mellon - Successor Agency Bond Accounts Blackrock Treasury Trust Instl 10 (Money Market fund) 200,480 On Demand 200,480 $ 200,480 $ 8% N/A 3.79% 704 $ N/A N/A Blackrock Treasury Trust Instl 62 (Money Market fund) 164,208 On Demand 164,208 164,208 7% N/A 3.79% - N/A N/A US Bank - Community Facilities Districts
Blackrock Liquidity Fund (Money Market fund) 2,089,107 On Demand 2,089,107 2,089,107 85% N/A 3.61% 6,604 N/A N/A Total Cash and Investments Held by Trustee 2,453,794 $ 2,453,795 $ 101% 7,308 $

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CITY COUNCIL MEETING
Agenda Report
Agenda Item No. 10.

SUBJECT: PUBLIC HEARING: ZTA 25-01- Amending Chapter 17.15 of Title 17 (Subdivisions) and Chapters 18.10, 18.15, 18.20, 18.25, 18.28, 18.35,

18.39, 18.40, 18.45, and 18.125 of Title 18 (Zoning, Land Use and Development Regulations) of the Calimesa Municipal Code to implement Housing Element Program Actions H-1.4, H-2.8, H-2.11, H3.14, H-3.15, H-3.19, and H-4.4 of the City of Calimesa Sixth Cycle 2021-2029 Housing Element.

MEETING DATE: February 2, 2026
PREPARED BY: Selenne Sevilla, Sr. Planner
RECOMMENDATION:

That the City Council conduct a first reading by title only of Ordinance No. 419 approving Zone Text Amendment (ZTA) 25-01, which updates various sections of Chapter 18 and Chapter 17 as part of the 2021-2029 Housing Element Implementation Program (Project), and find the Project categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15601(b)(3) and 15282(h).

BACKGROUND:

The City of Calimesa is considering the adoption of Ordinance 419 to implement various program actions as part of the adopted 6th Cycle Housing Element Update (August 19, 2024).

The proposed zone text amendments are required to comply with updates to state housing laws since receiving certification on the 2021-2029 Housing Element. On October 4, 2024, the California Department of Housing and Community Development (HCD) found that the City of Calimesa was in substantial compliance with State Housing Element Law (Gov. Code, § 65580 et seq.) and issued a Housing Element Certification Letter, informing the City that it must continue timely and effective implementation of all programs including, but not limited to the following:
• Program Action H-1.4: Reasonable Accommodation
• Program Action H-2.1: Affirmatively Furthering Fair Housing • Program Action H-2.3: Housing Rehabilitation Program
• Program Action H-2.8: Emergency, Transitional and Supportive Housing • Program Action H-2.11: Supportive Housing and Low Barrier Navigation Centers • Program Action H-3.5: Accessory Dwelling Units

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• Program Action H-3.11: Subdivision of Existing Lands
• Program Action H-3.12: Objective Design Standards
• Program Action H-3.13: SB 35 Streamlining Provisions
• Program Action H-3.17: Replacement Housing
• Program Action H-3.18: Pipeline Project – The Heights Specific Plan • Program Action H-3.19: Objective Development Standards • Program Action H-4.4: Density Bonus
DISCUSSION:

The ZTA 25-01 within Ordinance No. 419 makes changes to the following Chapters of the Calimesa Municipal Code:
• Chapter 17.15: Land Division Regulations
• Chapter 18.10: Definitions
• Chapter 18.15: Administrative Provisions
• Chapter 18.20: Residential Zone Districts
• Chapter 18.25: Commercial Zone Districts
• Chapter 18.28: Mixed Use Zone Districts
• Chapter 18.35: Open Space District
• Chapter 18.39: Downtown Business District
• Chapter 18.40: Special Districts
• Chapter 18.45: Off-Street Parking
• Chapter 18.125: Residential Density Bonus Provisions
Various chapters and forms will be updated to incorporate the following:

Program Action H-1.4: Reasonable Accommodation
Update reasonable accommodation procedures to ensure compliance with fair housing laws.

This action ensures compliance with the Fair Housing Act and ensures the City does not impose procedural or substantive barriers on protected classes.

Program Action H-2.8: Emergency, Transitional and Supportive Housing Update the municipal Code to comply with Assembly Bill (AB) 2339 (Emergency Shelters), AB 139 (Emergency and Transitional Housing), and AB 2162 (Supportive Housing). These changes are required to ensure supportive and transitional housing, particularly for vulnerable populations.

Program Action H-2.11: Supportive Housing and Low Barrier Navigation Centers Update the municipal Code to comply with AB 2162 (Supportive Housing). These changes are required to ensure supportive and transitional housing, particularly for vulnerable populations.

Program Action H-3.5: Accessory Dwelling Units
Uodated the municipal code to clarify State Law Exempted ADUs and JADUs pursuant to

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Government Code Section 66323 and developed an ADU guide that promotes the development of ADU's within the City of Calimesa. These changes are required to ensure the City is guiding applicants through the permitting and construction process. See Attachment C.

Program Action H-3.13: SB 35 Streamlining Provisions
Established an SB 35 checklist and form to comply with the requirements of SB 35, Chapter 366 Statues 2017. This action ensures the City establishes written procedures to comply with California Government Code Section 65913.4. See Attachment E and F.

Program Action H-3.14: Farmworker and Agricultural Worker Housing Update the municipal Code to comply with Health and Safety Code, Sections 17021.5, 17021.6 and 17021.8. These changes are required to ensure supportive and transitional housing are not unlawfully constrained or excluded, particularly for vulnerable populations.

Program Action H-3.15: Small Lots
Update the municipal Code to comply with AB 1397 as a strategy to facilitate development of small lots (<0.5 acres). This action increases the feasibility of infill housing and supports Housing Element capacity assumptions.

Program Action H-3.17: Replacement Housing
Established a Replacement Housing Program and form to ensure the replacement of any units lost for housing units comply with the same requirements pursuant to Government Code section 65915. This action is required to ensure that housing projects that demolish existing residential units replace them with at least the same number of units as the highest number of residential units that existed on the project site within the past five years. See Attachment D.

Program Action H-3.19: Residential Care Facilities
Update the municipal Code to comply with Government Code § 65008 and the Fair Employment and Housing Act (FEHA) which state that jurisdictions cannot impose different or more burdensome land-use requirements on housing because of the occupants’ protected characteristics (like disability).

Program Action H-4.4: Density Bonus
Update the municipal Code to comply with Government Code §§ 65915–65918. Density bonus law is frequently litigated, and outdated local standards can result in automatic approvals or loss of local discretion.

All proposed Municipal Code amendments are required to comply with updates to State Housing Laws since the last Housing Element Cycle (2014-2021).

During the January 12, 2026 Planning Commission hearing, a public comment raised objections to the draft revisions under Section 18.20.050(L). Staff reviewed the comment and made necessary revisions to this section. The revised Section 18.20.050(L) reflects these changes and is presented for consideration. Summarily, the revisions include the deletion of requiring a deed

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restriction for accessory dwelling units as required under state law and clarifies the obligations under Government Code Section 66323 in the new subsection 18.20.050(L)(9).

Environmental Analysis:

The Project is considered exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because the project is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The Project only amends certain language within the Calimesa Municipal Code to implement its Housing Element.

Moreover, the Project is exempt under CEQA Guidelines Section 15282(h), which provides that and action is exempt if the zoning amendment is required to implement a State Housing law.

FISCAL IMPACT:

No Fiscal Impact
ATTACHMENTS:

1. Attachment A - HCD Certification Letter

2. Attachment B - Ordinance No. 419

3. Exhibit A of Ordinance 419 - Calimesa Title 18_01.20.2026

4. Exhibit B of Ordinance 419 - Small Lot Chapter 17.15.180

5. Attachment C - PC Resoultion No. 2026-01 (reference only)

6. Attachment D - New ADU Handbook

7. Attachment E - Replacement Housing Form

8. Attachment F - SB 35 Eligibility Checklist

9. Attachment G - SB 35 Form

10. Attachment H - CC Public Hearing Notice

11. Attachment I - Public Comment - 12 Jan 2025

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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street, Suite 400
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
October 4, 2024
Will Kolbow, City Manager
City of Calimesa
908 Park Avenue
Calimesa, CA 92320
Dear Will Kolbow:

RE: Calimesa’s 6th Cycle (2021-2029) Adopted Housing Element Thank you for submitting the City of Calimesa’s (City) housing element that was adopted August 19, 2024 and received for review on August 27, 2024. In addition, the California Department of Housing and Community Development (HCD) received Ordinance 399 related to rezoning to address housing needs. Pursuant to Government Code section 65585, HCD is reporting the results of its review.

HCD is pleased to find the adopted housing element in substantial compliance with State Housing Element Law (Gov. Code, § 65580 et seq) as of the date of this letter.

The adopted element addresses the statutory requirements that were described in HCD’s January 19, 2024 review. Furthermore, as demonstrated by Ordinance Number 399, the City has completed all necessary rezoning actions as described in HCD’s January 19, 2024 review. For example, the City has completed the necessary provisions of Program Action H-3.1 (Establish a Rezone Program for Unaccommodated RHNA Need for the 2021-2029 Planning Period), Program Action H-3.2 (Use of 5th Cycle Housing Sites) and Program Action H-3.20 (Use of Sites from Previous Housing Element Cycles). These Programs and rezoning meet statutory requirements pursuant to Government Code sections 65583, subdivision (c) and 65583.2, subdivision (c).

Additionally, the City must continue timely and effective implementation of all programs including but not limited to the following:
• Program Action H-1.4: Reasonable Accommodation
• Program Action H-2.1: Affirmatively Furthering Fair Housing • Program Action H-2.3: Housing Rehabilitation Program
• Program Action H-2.8: Emergency, Transitional and Supportive Housing • Program Action H-2.11: Supportive Housing and Low Barrier Navigation Centers • Program Action H-3.5: Accessory Dwelling Units
• Program Action H-3.11: Subdivision of Existing Lands

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Will Kolbow, City Manager

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• Program Action H-3.12: Objective Design Standards
• Program Action H-3.13: SB 35 Streamlining Provisions
• Program Action H-3.17: Replacement Housing
• Program Action H-3.18: Pipeline Project – The Heights Specific Plan • Program Action H-3.19: Objective Development Standards • Program Action H-4.4: Density Bonus
The City must monitor and report on the results of these and other programs through the annual progress report, required pursuant to Government Code section 65400.

Please be aware, Government Code section 65585, subdivision (i) grants HCD authority to review any action or failure to act by a local government that it determines is inconsistent with an adopted housing element or housing element law. This includes failure to implement program actions included in the housing element. HCD may revoke housing element compliance if the local government’s actions do not comply with state law.

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities program, and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City now meets housing element requirements for these and other funding sources.

For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.

HCD wishes the City success in implementing its housing element and looks forward to following its progress through the General Plan annual progress reports pursuant to Government Code section 65400. If HCD can provide assistance in implementing the housing element, please contact Jamillah Williams, of our staff, at [email protected].

Sincerely,
Paul McDougall
Senior Program Manager

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ORDINANCE NO. 419

AN ORDINANCE OF THE CITY OF CALIMESA, ADOPTING ZONE TEXT AMENDMENT NO. 25-01, AMENDING CHAPTERS 17.15, 18.10, 18.15, 18.20,

18.25, 18.28, 18.35, 18.39, 18.40, 18.45, AND 18.125 OF THE CALIMESA

MUNICIPAL CODE TO IMPLEMENT A SUITE OF ACTIONS IDENTIFIED IN THE CITY’S 2021-2029 HOUSING ELEMENT OF THE GENERAL PLAN AND

FINDING THE ZONE TEXT AMENDMENT EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINES
SECTIONS 15282(H) AND 15601(B)(3).

The City Council of the City of Calimesa does ordain as follows:

Section 1. Recitals
A. The City of Calimesa’s (“City”) Sixth Cycle 2021-2029 Housing Element of the General Plan (“Housing Element”) requires the City to implement program actions within the timelines established in Section 4: Housing Plan of the Housing Element.

B. Section 4, “Housing Plan,” of the Housing Element establishes program actions that require the City to adopt Zoning Text Amendments to comply with state housing laws.

C. The City desires to remain compliant with state housing laws and is adopting Zone Text Amendment 25-01 to implement Housing Element program actions.

D. On January 12, 2026, the Planning Commission of the City of Calimesa held a duly noticed public hearing on Zone Text Amendment 25-01 related to Ordinance No. 419 (“Ordinance”) at which time all persons interested in the Ordinance had the opportunity and did address the Planning Commission on these matters. Following the receipt of public testimony the Planning Commission closed the public hearing. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 2026-01 recommending that the City Council approve the Ordinance.

E. On _______________, the City Council of the City of Calimesa held a duly noticed public hearing on the Ordinance, at which time all persons interested in the Ordinance had the opportunity and did address the City Council on these matters. Following the receipt of public testimony the City Council closed the public hearing and duly considered the written and oral testimony received.

F. All legal preconditions to the adoption of this Ordinance have occurred.

Section 2. The Recitals set forth above in Section 1 are true and correct and incorporated herein as if set forth in full.

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Section 3. Chapter 17.15 of Title 17 (Subdivisions) and Chapters 18.10, 18.15, 18.20,

18.25, 18.28, 18.35, 18.39, 18.40, 18.45, and 18.125 of Title 18 (Zoning, Land Use and Development Regulations) of the Calimesa Municipal Code are hereby amended as shown in Exhibit A and hereby incorporated by reference.

Section 4. Pursuant to the California Environmental Quality Act (“CEQA”) and CEQA Guidelines, the City as Lead Agency determined that the proposed Zone Text Amendment 25-01, proposed amendments to the Calimesa Municipal Code, is covered by the Implementing State Statutes (CEQA Guidelines Sec. 15282(h)), which provides that and action is exempt if the zoning amendment is required to implement a State Housing law, and common sense CEQA exemptions (CEQA Guidelines Sec. 15061(b)(3)), which states that CEQA applies only to projects which have the potential for causing a significant effect on the environment, respectively. Since the City is proposing Zone Text Amendment 25-01 to implement State Housing laws and no development project or other physical change to the environment would be approved by the adoption Zone Text Amendment 25- 01, the City Council finds that it can be seen with certainty that there is no possibility that adoption may have a significant effect on the environment, and therefore is not subject to CEQA.

Section 5. Effective Date; Publication. This ordinance shall take effect 30 days after its final passage, and within 15 days after its passage, the City Clerk shall cause this ordinance or a summary hereof to be published and/or posted as required by law and by the City's ordinances and resolutions.

INTRODUCED AND PASSED UPON FIRST READING on____________, 2026, by title only, upon the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PASSED, APPROVED AND ADOPTED on __________, 2026 upon the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JEFF CERVANTEZ, MAYOR

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ATTEST:
____________________________________________

DARLENE GERDES, CITY CLERK
APPROVED AS TO FORM:
____________________________________________

STEVEN FLOWER, CITY ATTORNEY

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Calimesa Municipal Code
Title 18 ZONING, LAND USE AND DEVELOPMENT

REGULATIONS

Page 1 ends

The Calimesa Municipal Code is current through Ordinance 403, passed June 3, 2024.

Title 18

ZONING, LAND USE AND DEVELOPMENT REGULATIONS
Chapters:

18.05 General Provisions

18.10 Definitions

18.15 Administrative Provisions

18.20 Residential Zone Districts

18.25 Commercial Zone Districts

18.28 Mixed Use Zone Districts

18.30 Industrial Zone Districts

18.35 Open Space District

18.39 Downtown Business District

18.40 Special Districts

18.45 Off-Street Parking

18.50 Sign Regulations

18.55 Hillside Development Regulations

18.60 Outdoor Advertising Structures

18.65 Fence, Wall, and Screening Standards

18.70 Landscape Requirements

18.75 Water Conservation for Landscaping

18.80 Tree Preservation

18.85 Development Agreements

18.90 Development Plan Review

18.95 Surface Mining and Land Reclamation Regulations

18.100 Transportation Demand Management

18.105 Western Riverside County Transportation Uniform Mitigation Fee Program

18.110 Park Development and Recreational Facilities Mitigation Fees

18.115 Development Impact Fees

18.120 Outdoor Lighting

18.125 Residential Density Bonus Provisions

18.130 Inclusionary Housing

18.135 Commercial Cannabis Uses and Cultivation

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Calimesa Municipal Code
Chapter 18.05 GENERAL PROVISIONS

Page 2 ends

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

Chapter 18.05

GENERAL PROVISIONS
Sections:

18.05.010 Title.

18.05.020 Purpose.

18.05.030 Authority.

18.05.040 Applicability.

18.05.050 Interpretation of title provisions.

18.05.060 Conflicting regulations.

18.05.070 Calimesa general plan.

18.05.080 Zone districts established.

18.05.090 Official zoning map.

18.05.100 Filing of official zoning map.

18.05.110 Revisions to and amendment of the official zoning map.

18.05.120 Interpretation of official zoning map.

18.05.130 City to be held harmless.

18.05.140 Statute of limitations.

18.05.010 Title.

The ordinance codified in this title shall be known as the zoning code of the city of Calimesa. [Ord. 342 § 3 (Exh.

A), 2016; Ord. 95-7 § 2; Code 1990 § 12.1.01.]

18.05.020 Purpose.

The purpose of the zoning code is to serve the public health, safety, and welfare of the city by establishing zone districts within the boundaries of the city regulating land uses and imposing development standards. All established districts are designed to obtain the economic and social advantages resulting from the planned use of land, as referred to in the land use element of the general plan and this title. The enactment of this title shall guide the growth and development of the city in a proper and orderly manner for the maximum benefit of its citizens. [Ord. 342 § 3 (Exh. A), 2016; Ord. 95-7 § 2; Code 1990 § 12.1.02.]

18.05.030 Authority.

The authority for the regulations contained in this title is derived from the police power granted to municipalities by Section 7, Article XI, of the California Constitution and the provisions of the California Zoning Law (Division 1 of Title 7 of the California Government Code), which provide for the regulation of the intensity of land use and the adoption of standards for the development of property. [Ord. 342 § 3 (Exh. A), 2016; Ord. 95-7 § 2; Code 1990 §

12.1.03.]

18.05.040 Applicability.

Except as otherwise provided in subsection (D) of this section, all land, buildings, and structures within the incorporated portions of the city shall be used only as hereinafter provided. No use of land, and no use, construction, maintenance, operation, reconstruction, or enlargement of any building or structure, shall be allowed unless permitted under the express provisions of this title or by other applicable ordinance of the city.

A. Private Projects.

1. No land, building, or structure shall be used, constructed, altered, or maintained except in conformance with the provisions of this title.

2. No use that requires a permit or approval under the provisions of this title shall be established or operated until the permit or approval is finally granted, and all conditions of the permit or approval have been complied with.

3. No use that requires a permit or approval under the provisions of this title shall be established or operated in violation of, or contrary to, any terms and conditions of the granted permit or approval.

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Calimesa Municipal Code
Chapter 18.05 GENERAL PROVISIONS

Page 3 ends

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

B. Public Projects. Unless otherwise exempted, federal, state, county, city, and other governmental projects shall be subject to the provisions of this title, including projects operated by any combination of these agencies, or by a private person for the benefit of any such governmental agency.

C. Public Nuisance. Any building or structure erected or maintained, or any use of property contrary to the provisions of this title is hereby declared to be unlawful and a public nuisance, and the city attorney or other proper official may immediately commence an action or actions, proceeding or proceedings for the abatement, removal, and enjoinment thereof, in the manner provided by law; and may take such other steps, and may apply to such court or courts as may have jurisdiction to grant such relief, as will abate or remove such building, structure, or use and restrain and enjoin any person from setting up, erecting, or maintaining such building or structure, or using any property contrary to the provisions of this title. It shall be the right and duty of every citizen to participate and assist city officials in the enforcement of the provisions of this title.

D. Small Wireless Facilities.

1. As used herein, “small wireless facilities” means the same as defined by 47 C.F.R. § 1.60002(l), as may be amended or superseded.

2. All small wireless facilities located or proposed to be located within the public right-of-way are exempt from the requirements of this title.

3. All small wireless facilities located or proposed to be located in the public right-of-way must comply with CMC 12.20.1111. All small wireless facilities are further subject to requirements of the “City Wide Policy Regarding Permitting Requirements and Development Standards for Small Wireless Facilities” adopted or amended by city council resolution, and all small wireless facilities must comply with that policy. [Ord. 365-U § 5, 2019; Ord. 353 § 6, 2017; Ord. 342 § 3 (Exh. A), 2016; Ord. 341 § 7, 2016; Ord. 341-U § 8, 2016; Ord. 95-7 § 2; Code 1990 § 12.1.04.]

18.05.050 Interpretation of title provisions.

When there is any question regarding the interpretation of the provisions of the zoning code, or its application to any specific case or situation, the planning commission shall have the authority to interpret the intent of the provisions of this title by written resolution, approved by a majority of its members. Thereafter, such interpretation shall be followed in applying the provisions of this title unless the commission’s interpretation is changed by the city council, on appeal.

Any appeal of the planning commission interpretation may be taken to the city council, if the appeal is filed within 14 days following the planning commission’s decision. Such appeal must be submitted in accordance with the procedures set forth in CMC 18.15.080, Hearings and appeals. A majority vote of the whole council shall be required to change an interpretation made by the planning commission. [Ord. 342 § 3 (Exh. A), 2016; Ord. 95-7 § 2; Code 1990 § 12.1.05.]

18.05.060 Conflicting regulations.

The provisions of this title are not intended to interfere with or void any easements or legally established covenants or other existing agreements which are more restrictive than the provisions of this title. Except where the express provisions of this title or the context hereof amend any existing ordinance, nothing in this title shall be deemed to repeal any other ordinances relating to the properties and areas affected hereby. [Ord. 342 § 3 (Exh. A), 2016; Ord. 95-7 § 2; Code 1990 § 12.1.06.]

18.05.070 Calimesa general plan.

The city shall adopt and maintain a general plan in accordance with the requirements of California Government Code Section 65350 et seq. and applicable general plan guidelines prepared by the California Governor’s Office of Planning and Research.

A. Consistency with the General Plan.

1. No use of land, buildings, or structures for which an application is required pursuant to this title is to be approved for processing under this title unless it is consistent with the general plan or a concurrent general plan

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The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. amendment request. In any case where there is a conflict in regulations between this title and the general plan, the general plan shall prevail.

2. All land divisions within the city and changes or amendments to land use classifications, districts, or regulations, and conditional use permits, variances, development agreements, site plans, and other permits and approvals, shall be consistent with the Calimesa general plan and all applicable specific plans.

3. A proposed use or approval is consistent with the general plan when the following conditions exist:
a. The proposed use is allowed in the land use district in which the use is located, as shown by the land use map and as described in the text of the general plan;
b. The proposed use is in conformance with the goals, objectives, policies, programs, and guidelines of the elements of the general plan and the intent thereof; and c. The proposed use is to be established and maintained in a manner which is consistent with the elements of the general plan and all applicable provisions contained therein.

B. Determinations of Consistency with the General Plan. The planning director shall have the responsibility to prepare reports and make determinations as to the conformity of applications and requests pursuant to this title.

C. Administration of the General Plan. The planning commission on recommendation from the planning director shall have the responsibility to:

1. Investigate and make recommendations to the city council regarding reasonable and practical means for implementing the general plan or any element thereof, so that it will serve as an effective guide for orderly growth and development, preservation, and conservation of open space and natural resources.

2. Provide periodic reports to the city council on the status of the general plan and progress in its implementation. [Ord. 342 § 3 (Exh. A), 2016; Ord. 95-7 § 2; Code 1990 § 12.1.07.]

18.05.080 Zone districts established.

To carry out the purpose and provisions of this title, the city of Calimesa is hereby divided into the following zone districts:

Symbol Zone Name Chapter
O-S-R Open Space Residential 18.20
R-E Residential Estate 18.20
R-R Rural Residential 18.20
R-L Residential Low 18.20
R-L-M Residential Low/Medium 18.20
R-M Residential Medium 18.20
R-H Residential High 18.20
RIPAOZ Residential Infill Priority Area Overlay
Zone

18.20 C-N Neighborhood Commercial 18.25
C-C Community Commercial 18.25
C-R Regional Commercial 18.25
O-P Office Professional 18.25

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Symbol Zone Name Chapter
R-MU Residential Mixed Use 18.28
C-MU Commercial Mixed Use 18.28
O-MU Office Mixed Use 18.28
L-I Light Industrial 18.30
B-P Business Park 18.30
O-S Open Space 18.35
DVC Downtown Village Commercial 18.39
DNC Downtown Neighborhood Commercial 18.39
DVS Downtown Visitor-Serving Commercial 18.39
CCO Calimesa Creek Overlay 18.40
PRD Planned Residential Development 18.40
P/Q Public/Quasi-Public 18.40
[Ord. 394 § 6, 2023; Ord. 393 § 6, 2023; Ord. 392 § 6, 2023; Ord. 342 § 3 (Exh. A), 2016; Ord. 95-7 § 2; Code 1990 § 12.1.08.]

18.05.090 Official zoning map.

The boundaries of the zones established in CMC 18.05.080 are set forth on the official zoning map of the city of Calimesa. This map and all the notations, references, and other information shown on it shall be considered as part of this title as if fully described and set forth herein. [Ord. 342 § 3 (Exh. A), 2016; Ord. 95-7 § 2; Code 1990 §

12.1.09.]

18.05.100 Filing of official zoning map.

A printed, signed copy of the official zoning map shall be kept on file with the city clerk and shall constitute the original record. A copy of said map shall also be kept with the planning department. [Ord. 342 § 3 (Exh. A), 2016; Ord. 95-7 § 2; Code 1990 § 12.1.10.]

18.05.110 Revisions to and amendment of the official zoning map.

All amendments and changes adopted to the official zoning provisions of this title are considered a part of these regulations and of the official zoning map at the time of the effective date of all changes and amendments. The city council may, from time to time, order revisions of the official zoning map so as to include all changes to date. No changes shall be made to said map that have not been officially adopted according to the provisions of this title. Said revised map shall become the official zoning map of the city of Calimesa and shall replace the preceding map.

All amendments and changes of the official zoning map shall be recorded on additional zoning maps at the end of each fiscal year. Individual amendments shall be recorded by the city clerk and with the planning department not later than 48 hours after such amendment becomes effective. [Ord. 342 § 3 (Exh. A), 2016; Ord. 95-7 § 2; Code 1990 § 12.1.11.]

18.05.120 Interpretation of official zoning map.

Where uncertainty exists as to the boundaries of any zone as shown on the zoning map, the following shall apply:

A. Street, Alley, or Lot Lines.

1. Where indicated zone boundaries are approximately coterminous with street, alley, or lot lines, said lines are determined to be the boundaries of the zone. Otherwise the boundaries shall be determined by the dimensions shown on the map created and maintained by the county assessor as contained in the parcel book. In the absence of dimensions, the boundary shall be determined by use of the scale shown on the map.

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2. A street, alley, railroad or railway right-of-way, watercourse, channel, or body of water included on the zoning map shall, unless otherwise indicated, be included within the zone of adjoining property on either side thereof; and where such street, alley, railroad or railway right-of-way, watercourse, channel, or body of water serves as a boundary between two or more different zones, a line midway in such street, alley, railroad or railway right-of-way, watercourse, channel, or body of water, extending in the general direction of the long dimension thereof, shall be considered the boundary between zones.

B. Further Uncertainties. Where further uncertainties exist, the planning commission shall, by written decision, determine the location of the zone boundary or building setback line.

C. Vacations. In the event that a vacated street, alley, right-of-way, or easement was the boundary between two zones, the new zone boundaries shall be at the new property line. [Ord. 342 § 3 (Exh. A), 2016; Ord. 95-7 § 2; Code 1990 § 12.1.12.]

18.05.130 City to be held harmless.

Any person, organization, or entity who obtains or files an application to obtain a permit or approval pursuant to this title shall hold the city harmless from any liability, including any claims of the applicant arising out of the issuance of the permit or approval, or the denial thereof, or arising out of any action by any person seeking to have a granted permit or approval held void by a court of law. [Ord. 342 § 3 (Exh. A), 2016; Ord. 95-7 § 2; Code 1990 § 12.1.13.]

18.05.140 Statute of limitations.

A. Any court action or proceeding to attack, review, set aside, void, or annul any decision regarding the general plan or any matter mentioned in this title (other than a matter governed by Government Code Section 65907) or concerning any of the proceedings, acts, or determinations taken, done, or made prior to such decision, shall not be maintained by any person unless such action or proceeding is commenced within 30 days after the date on which such decision becomes final. Thereafter all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of such decision or of such proceedings, acts, or determinations.

B. Any court action brought pursuant to Code of Civil Procedure Section 1094.5 to attack, review, set aside, void, or annul any decision denying an application for the permit shall not be maintained by any person unless such action is commenced within 90 days after the date on which such decision becomes final. This subsection has been adopted pursuant to Code of Civil Procedure Section 1094.6. [Ord. 342 § 3 (Exh. A), 2016; Ord. 95-7 § 2; Code 1990 §

12.1.14.]

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Chapter 18.10

DEFINITIONS
Sections:

18.10.010 General.

18.10.020 Definitions.

18.10.010 General.

A. When not inconsistent with the context, words used in the present tense include the future; words in the singular number include the plural, and those in the plural number include the singular.

B. The terms “shall” and “will” are imperative; the words “can” and “may” are permissive. [Ord. 342 § 3 (Exh. A), 2016; Ord. 328 § 3 (Exh. A), 2014; Ord. 95-7 § 2; Code 1990 § 12.2.01.]

18.10.020 Definitions.

For the purposes of carrying out the intent of this title, the following words and phrases shall have the meanings respectively ascribed to them in this section:
“Abandon” means to cease or suspend from developing or maintaining a building or use for a stated period of time. “Abutting and adjoining” means having district boundaries or lot lines in common. “Access” means the place, or way, by which pedestrians and vehicles shall have safe, adequate, and usable ingress and egress to a property or use as required by the zoning regulations. “Accessory automobile equipment” is defined as a tractor trailer, flatbed trailer, and other nonmotorized equipment that is required to have a license plate by the California Department of Motor Vehicles. “Accessory building” means a portion of the main building or a detached subordinate building located on the same lot, the use of which is customarily incident to that of the main building or to the use of the land. Where a substantial part of the wall of an accessory building is a part of the wall of the main building, or where the accessory building is attached to the main building in a substantial manner by a roof, such accessory building shall be considered as a part of the main building.
“Accessory use” means a use incidental, appropriate, subordinate, and devoted exclusively to the main use of the lot or building.
“Alley” means a public or private way, other than a street or highway, permanently reserved as a primary or secondary means of vehicle access to adjoining property. “Amendment” means a change in the wording, content, or substance of this title or an addition or deletion or a change in the zone boundaries or classifications on the zoning map, when adopted by ordinance passed by the city council in the manner prescribed by law.
“Ancillary use” means the same as an accessory use.
“Animal hospital” means a place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use of the premises as a kennel or a place where animals or pets are boarded for remuneration may be an ancillary use.
“Antique automobile” is defined as a vehicle 45 years or older. “Antique shop” means a store whose retail inventory includes at least 50 percent circa 1960 or older items. Antique shops do not include secondhand stores. See also “Consignment shop.”

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The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. “Arcade” means any business establishment in which there are more than 10 mechanical or electronic play devices, as defined in this section, which are available for use by the public or business invitees, or both. Any business establishment that anticipates receipt of more than 50 percent of its gross income from the sale of food and beverages, and which possesses a valid county health department permit to operate a restaurant, shall not be considered an arcade for the purposes of this title.
“As-graded” means the surface configuration upon completion of final grading. “Authorized agent” means anyone who has actual or ostensible authority to speak for or make presentations on behalf of the owner of any property. An authorized agent shall be responsible for any information or data which he/she presents to the city.
“Automobile dismantling yard” means any lot or any portion of a lot used for the dismantling or wrecking of automobiles or other motor vehicles or trailers, or for the storage, sale, keeping for sale, or dumping of dismantled, partly dismantled, obsolete, or wrecked motor vehicles or their parts, as a business, hobby, or otherwise, other than the sale of used car parts within an enclosed building where no dumping is permitted. The presence on any lot or parcel of land of four or more motor vehicles which, for a period exceeding 30 days, have not been capable of being operated under their own power, and from which parts have been or are to be removed for reuse or sale, shall constitute prima facie evidence that such lot or portion thereof is an automobile dismantling yard. “Automobile impound yard” means any lot or parcel of land used for the storage of any motor vehicle which has been impounded under court order or any state law. An automobile impound yard shall not include the dismantling, reuse, or sale of motor vehicles or their parts.
“Automobile parking space” means an area, other than a street or an alley, reserved for the parking of an automobile.
“Automobile repair garage” means a building, other than a private garage, used for the care, repair, or equipment of automobiles or where such vehicles are parked or stored for remuneration, hire, or sale. “Automobile service station” means any building or premises used primarily for the retail sale of gasoline and lubricants, but which may also provide for the incidental servicing of motor vehicles, including grease racks, tire repairs, battery charging, automobile washing (nonmechanical), sale of merchandise and supplies related to the servicing of motor vehicles, the performance of minor automotive maintenance and repair, minor replacements, and the supplying of other incidental customer services and products. Major automotive repairs, painting, body and fender work, engine overhauling, and similar work are excluded from the term “automobile service station” except where such uses are otherwise permitted.
“Automobile storage of nonoperating vehicles” means the presence on any lot or parcel of land of one or more motor vehicles which for a period exceeding 30 days have not been capable of operating under their own power, and from which no parts have been or are to be removed for reuse or sale, shall constitute prima facie evidence of the storage of nonoperating motor vehicles. The storage of nonoperating motor vehicles shall not include automobile wrecking.
“Average slope” means the slope calculated by utilizing the following formula:

Average cross slope = I x L x 0.0023A
I = contour interval
L = contour length

0.0023 = constant to convert square feet to acres and slope to percent A = acres in site
“Balance” means the cutting and filling of a site which does not require the export or import of earth material.

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The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. “Barber or beauty shop” means a business employing one or more persons offering hair cutting and/or styling services.
“Basement” means one or more stories wholly or partly underground. A basement shall be counted as a story for the purpose of height measurements if:

A. Over five feet of its height is above average level of the adjoining ground; or B. Uses conducted therein are chargeable for parking.
“Bench” means a relatively level step excavated into earth material on which fill is to be placed, or an intermediate drainage area.
“Bench drain” means a generally horizontal drainage feature on a manufactured slope, usually in the form of a gunited concrete V-ditch with a minimum of five percent slope. “Berm” means a mound or embankment of earth, or a low mound of earth graded in a linear or undulating form, often used as a noise or visual barrier.
“Bicycle locker” means an enclosed box with a locking door where a single bicyclist has access to a bicycle storage compartment.
“Billboard” means the same as an off-site sign. See Chapter 18.50 CMC, Sign Regulations, for definitions pertaining to signs.
“Block” means all property fronting upon one side of the street between intersecting and/or intercepting streets, or between a street and a right-of-way, waterway, dead end of a street, or city boundary. An intercepting street shall determine only the boundary of the block on the side of the street which it intercepts. “Boarding or rooming house” means a building containing a single dwelling unit and not more than 10 guest rooms where lodging is provided with or without meals, for compensation. A boarding or rooming house shall not include rest homes, nursing homes, or homes for the aged.

Branch Warehouse. See “distribution warehouse.”
“Bridge Housing” means any new or existing facilities, including without limitation, but not limited to, housing in temporary structures,, emergency sleeping cabins, consistent with the requirements of the California Government Code Section 8698.3 subdivision (h) of the California Government Code, that are reserved for homeless persons and families, community support facilities, or emergency bridge housing., together with Ccommunity support facilities will include, without limitation,, including, but not limited to, showers and bathrooms that are adequate to serve the anticipated number of residents all of whichwho mayare be located on the property that is leased or owned by a subdivision. An emergency bridge housing community willshall include supportive and self-sufficiency development services;, have the ultimate goal of moving homeless persons to permanent housing as quickly as reasonably possible;, and limit rents and service fees to an based on an ability-to-pay formula that is reasonably consistent with the United States Department of Housing and Urban Development’s requirements for subsidized housing for low-income persons.
“Building” means a permanently located structure having a roof supported by walls or columns; provided, however, that no form of tent or vehicle shall be considered a building. The word “building” shall include the word “structure.”
“Building code” means the building code of the city of Calimesa. “Building face” means the area of one building elevation, either the front, rear, or side. “Building frontage” means the side of a building which contains the main entrance for pedestrian ingress and egress.

If more than one main entrance exists, the one that more nearly faces or is oriented to the street of highest classification as portrayed in the general plan transportation element shall be considered the building frontage. If all

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The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. streets are of the same classification, the side of the building with the smallest lineal dimension containing a main entrance shall be considered the building frontage.
“Building height” means the vertical distance measured from the adjoining curb level (ground-level grade) to the highest point of the building, exclusive of chimneys and ventilators; provided, however, that where buildings are set back from the street line, the height shall be measured from the average elevation of the finished grade at the front of the building.
“Building line” means an imaginary line on a building site specifying the closest point from an ultimate right-of-way line or a property line where a main building may be located. “Business” means a commercial, office, institutional, or industrial establishment. “Carport” means a permanently roofed structure with not more than two enclosed sides, used for automobile shelter or storage.
“City” means the city of Calimesa as the same now exists or may hereafter exist. “City council” means the city council of the city of Calimesa. “Classic automobile” is defined as a vehicle between 20 and 45 years old. “Clinic, dental or medical” means a building or group of buildings which a group of physicians and/or dentists and professional assistants allied therewith are associated for the purpose of carrying out their profession and providing group medical services. The clinic may include a dental or medical laboratory, but shall not include inpatient care or operating rooms for major surgery.
“Clubhouse” means a building or group of buildings of an association of persons (whether or not incorporated) for the promotion of some nonprofit common interest and holding meetings or functions periodically which are limited to members and guests. It does not include groups organized primarily to render a service which is customarily carried on as a business.
“Cluster” means, for the purposes of interpreting Chapter 18.80 CMC, Tree Preservation, a grouping of at least three trees whose driplines intersect.
“Clustering” means the process of reducing required lot sizes while allowing permitted densities on a site to remain in order to preserve open space or sensitive or hazardous areas. “Commercial” means any activity on or use of land which involves the buying, selling, processing, or improving of things not produced on the land, and having financial gain as the primary aim of the activity or use, whether or not such activity or use is for hire or on account of buyer, seller, processor, or improver. “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 recreation facility” means facilities or uses that provide participant or spectator recreation for commercial purposes.

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The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. “Commission” means the planning commission of the city of Calimesa. “Community care facility” means any facility, place, or building licensed by the state of California that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including but not limited to the physically handicapped, mentally impaired, incompetent persons, or abused or neglected children, but excluding family day care homes. “Community development director” means the director of the city of Calimesa planning department, or his/her designee.
“Conditional use” means a use of land for which a conditional use permit is required by this title. “Condominium” means a development consisting of an undivided interest in common for a portion of a parcel coupled with a separate interest in space in a residential or commercial building on the parcel. “Consignment shop” means a store that sells secondhand items (typically clothing and accessories) on behalf of the original owner, who receives a percentage of the selling price. Consignment shops do not include secondhand stores.

See also “Antique shop.”
“Construction, new” means any structure for which the start of construction commenced on or after the effective date of the ordinance codified in this title.
“Construction, start of” means the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets or walkways; nor does it include excavation for a basement, footings, piers, or foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure.
“Contour” means a line drawn on a plan which connects all points of equal elevation. “Contour grading” means a grading concept designed to result in earth forms which resemble the original natural terrain characteristics. Horizontal and vertical curve variations are often used for slope banks. “Contractor’s equipment yard” means a facility, building, or premises used for the conduct of a business involved primarily with the rendition of contractor’s services and the use or storage of trucks, trailers, semitrailers, cranes, hoists, storage tanks, large timbers or beams, or similar equipment or the storage of construction or maintenance materials or supplies, but excluding any such equipment or materials when used as incidental to a primary use lawfully conducted on the premises and stored thereon in accordance with all applicable provisions of this title. “Convalescent home” means the same as a rest home.
“Convenience store” means any retail establishment offering for sale prepackaged food products, household items, and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet. “County” means the county of Riverside.
“Creek” means a natural stream of running water larger than a brook and smaller than a river. “Crib wall” means an earth-retaining structure with nearly vertical face constructed of modular preformed materials. “Cut” means the mechanical removal of earth material.
“Cut and fill” means excavating material in one place and depositing it as fill in another place. “Cutting” means the detaching or separating, from a protected tree, of any limb, branch, or root in a manner which will permanently damage the health or condition of the tree.

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The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. “Damage” means, for the purposes of interpreting Chapter 18.80 CMC, Tree Preservation, any action undertaken which causes injury, death, or disfigurement to a tree. This includes but is not limited to cutting, poisoning, overwatering, relocating, or transplanting a protected tree, or trenching, excavating, or paving within the protected zone of a tree.
“Day care facility” means a facility which provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. Includes family day care homes and extended day care facilities. A family day care home is a day care facility located in a residence which regularly provides care, protection, and supervision of 14 or fewer children from more than one other family, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away and is either a large family day care home or a small family day care home.

A. Small family day care homes are those which provide family day care for six or fewer children, including children under 10 years of age who reside at the home and which comply with the definition and requirements of the Health and Safety Code Section 1597.44 and state regulations.

B. Large family day care homes are those which provide family day care for seven to 14 children, inclusive, including children under 10 years of age who reside at the home, and which comply with the definition and requirements of Health and Safety Code Section 1597.465 and state regulations.

A small family day care home or large family day care home includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A small family day care home or large family day care home is where the day care provider resides and includes a dwelling or a dwelling unit that is rented, leased, or owned. “Daylight line” means the line between grading and natural terrain drawn by connecting the points where proposed contours meet existing contours.
“Deadwood” means limbs, branches, or portions of a tree that contain no green leaves during a period of the year when they should be present.
“Deck” means an uncovered area constructed using hardscape materials including but not limited to wood, composite materials, concrete, etc., that is elevated above final grade to a maximum of three feet measured at the finished floor and which may or may not include railing. “Density” means the number of dwelling units per gross acre, unless otherwise stated, for residential uses. “Density transfer” means a way of retaining open space by concentrating densities while leaving unchanged historic, sensitive, scenic, or hazardous areas.
“Distribution center” means a warehouse or other specialized building, that may or may not have refrigeration or air conditioning, which is stocked with goods, wares, merchandise, equipment, manufactured goods, wholesale products, retail products, and similar types of materials or finished products and commercial or industrial products or equipment of any type or nature, to be redistributed to retailers, to wholesalers, or directly to consumers. “Distribution facility” means a structure, building or other facility that is usually smaller than a firm’s main warehouse and is used for receipt, temporary storage, and redistribution of goods, wares, merchandise, equipment, manufactured goods, wholesale products, retail products, and similar types of materials or finished products and commercial or industrial products or equipment of any type or nature, according to the customer orders as they are received. Also called branch warehouse or distribution warehouse. “District” means a zoning district.
“Dripline” means the outermost edge of a tree’s canopy. When depicted on a map, the dripline will appear as an irregular-shaped circle that follows the contour of the branches as seen from overhead.

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The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. “Drive-through facility” means a facility, including a restaurant, which by its design allows people to receive goods and/or services while remaining in their automobiles.

Drive-Through Restaurant. See “restaurant.”
“Dwelling” means a building or portion thereof designed exclusively for residential occupancy, including onefamily, two-family, and multiple-family dwellings, but not including hotels, boarding or rooming houses, or dormitories.

A. “Dwelling, multiple-family” means a detached building designed and used for occupancy by three or more families, each living independently of others and each having separate kitchen facilities.

B. “Dwelling, multifamily attached” means a building containing two or more dwelling units.

C. “Dwelling, single-family” means a detached building designed or used exclusively for the occupancy by one family and having a kitchen facility for only one family.

D. “Dwelling, single-family attached” means a duplex, triplex, or fourplex.

E. “Dwelling, single-family detached” means a building containing one dwelling unit.

F. “Dwelling, two-family” means a building designed or used exclusively for the occupancy by two families, living independently of each other and having separate kitchen facilities for each family. The term “two-family dwelling” shall include the term “duplex.”
“Dwelling unit” means two or more rooms including a bathroom(s) and a kitchen, designed for occupancy by one family for living and sleeping purposes.
“Dwelling unit, accessory” means an attached or detached residential dwelling unit or conversion of part of existing space in a residential dwelling unit which provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling or multifamily dwelling is, or will be situated and must have a separate entrance. An accessory dwelling unit also includes the following:

A. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.

B. A manufactured home, as defined in Section 18007 of the Health and Safety Code. “Dwelling unit, junior accessory” means a unit that is no more than 500 square feet in size and entirely contained within a single-family residence. A junior accessory dwelling unit includes cooking and food storage areas and may include separate sanitation facilities or may share sanitation facilities with the existing structure. A junior accessory dwelling unit also includes the following:

A. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code. “Earth material” means any rock, natural soil, or fill and/or any combination thereof. “Easement” means a grant of one or more property rights by the property owner for use by the public, a corporation, or another person or entity.
“Educational facility – public and private schools” means public or private schools offering instruction in those courses required by the California Education Code and maintained pursuant to the standards set by the State Board of Education. This definition includes a nursery school, preschool, elementary school, middle school, junior/middle high school, high school, or college/university. It does not include a vocational or professional trade school.

A. “Small educational facility” means a public or private school, as defined above, for 25 or fewer students.

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B. “Large educational facility” means a public or private school, as defined above, for 26 or more students. “Educational facility – vocational/trade schools” means schools that offer instruction and practical introductory experience in commercial and/or trade skills.
“Elevation” means the height or distance above sea level. “Emergency shelter” means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person, regardless of an ability to pay. “Emergency shelter” shall include other interim interventions, such asincluding, but not limited to, a low-barrier navigation center, bridge housing, and respite or recuperative care facilities.
“Employee Housing” means any portions of any housing accommodations for employees, including agricultural employee housing (as defined in Section 17008 of the California Health and Safety Code) which has qualified or where the owner intends to qualify for a permit to operate under the Employee Housing Act. The following conditions will be applicable in various zones:

A. Pursuant to Section 17021.5 of the California Health and Safety Code, eEmployee housing for six or fewer employees shall be treated as single-family dwelling and permitted in the same manner as other dwellings of the same type in the same zone.

B. Pursuant to Section 17021.8 (i) of the California Health and Safety Code, eEmployee housing does not contain dormitory-style housing and consistsing of no more than 36 units or spaces designed for use by a single family or household 12 units or 36 beds will be permitted in the same manner as other agricultural uses in the same zone.
“Encroachment” means, for purposes of interpreting Chapter 18.80 CMC, Tree Preservation, any intrusion or human activity into the protected zone of an oak tree including but not limited to pruning, grading, excavating, trenching, or the construction of structures or other improvements.
“Erosion” means the process by which the soil and rock components of the earth’s crust are worn away and removed from one place to another by natural forces such as weathering, solution, and transportation. “Excavation” means the mechanical removal of earth material. “Existing grade” means the ground level prior to grading. “Export” means the excess earth material that is removed from a grading project and deposited off-site. “Family” means one or more individuals occupying a dwelling unit and living as a single household unit. “Farm equipment” is defined as a tractor, truck tractor, and other equipment defined in California Vehicle Code, Section 36101, Division 6, Chapter 2.
“Fill” means a deposit of earth material placed by artificial means. “Finish grade” means the final grade of the site which conforms to the approved plan. “Floodplain” means the land area adjacent to a watercourse which is subject to the overflow of floodwaters. “Floor area ratio (FAR)” means the numerical value obtained by dividing the aboveground gross floor area of a building or buildings located on a lot or parcel of land by the total area of such lot or parcel of land. “Foothill” means a hill at the base of a mountain.
“Freeway building frontage” means a building wall parallel or nearly parallel to an adjacent freeway. “Freeway lot frontage” means a property line adjacent to a freeway right-of-way.

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The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. “Frontage” means the distance measured along a front line adjoining a street or a side lot line on the street side of a corner lot.
“Garage” is defined as one of the following:

A. “Garage, private” means an accessory building or an accessory portion of a main building, not including carports, designed or used only for the shelter or storage of operating motor vehicles owned or operated by the occupants of the main building.

B. “Garage, public” means any garage other than a private garage used only for the shelter or storage of operating motor vehicles and/or for the care, repair, equipping, hire, or sale of such vehicles. “General plan” means the city of Calimesa general plan as adopted by the city council, who may amend the plan from time to time.
“General retail” means a retail business focusing on the sale of typical consumer merchandise not specifically listed under another use classification. General retail does not include general services. See also “General services.” “General services” means activities where people offer their knowledge and time to improve productivity, performance, potential, and sustainability. The production of services instead of end products. Typical general services include but are not limited to dry cleaners, locksmiths, tailors, shoe repair, etc. General services do not include personal services.
“Grade” means the average of the finished ground level at the center of all exterior walls of a building. In cases where the walls are parallel to and within five feet of a sidewalk, the aboveground level shall be measured at the sidewalk.
“Grade separation” means the separation at different levels of two intersecting roads, by bridge, tunnel, or underpass, so as to permit the roads to cross without obstructing free traffic movement on either. “Grading” means any excavating or filling or combination thereof. “Gross acreage” means the total area within the lot lines of a lot or parcel of land before public streets, easements, or other areas to be dedicated or reserved for public use are deducted from such lot or parcel. Does not include adjacent lands already dedicated for such purposes.
“Gross floor area” means the area included within the surrounding exterior finish wall surface of a building or portion thereof, exclusive of courtyards.
“Guest house” means living quarters, having no kitchen facilities, located on the same premises with a main building and occupied for the sole use of members of the family, temporary guests, or persons permanently employed on the premises.
“Hair stylist” means a business run from a private residence. See also “Barber or beauty shop.” “Haul road” means a road along which material is transported from the area of excavation to the processing plant or stockpile area of a surface mining operation.
“Healthy oak tree” means any oak tree that is not dead or in a state of decline (i.e., exhibits a greater degree of disease and/or pest infestation than normal).
“Heritage oak tree” means an oak tree of the genus Quercus other than a protected oak tree or scrub oak that has a trunk measuring 12 inches or more in diameter as measured four and one-half feet from the natural grade (i.e., diameter at breast height (DBH)).
“Hill” means an area of land that is higher than the land around it.

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The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. “Hillside” means a parcel of land or a definable portion thereof with an average rise or fall of more than one foot vertically for each 16 feet horizontally (16 percent slope). “Home occupation” means any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which does not change the character thereof. A day care facility shall not be a home occupation for the purpose of this code.
“Hospital” means any facility licensed by the California Department of Public Health specializing in providing clinical, temporary, or emergency services of a medical or surgical nature to patients or injured persons. “Hotel” means guest rooms or suites occupied on a transient basis, with most rooms gaining access from an interior hallway.
“Hydrology” means the properties of the water, including circulation and distribution, on and below the ground. “Idle” means to curtail, for a period of one year or more, surface mining operations by more than 90 percent of the operation’s previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date (California Public Resources Code Section 2727.1). “Import fill” means material obtained off-site to balance a grading project. “Junk” means any worn out, cast off, or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some reuse. Any article or material which, unaltered or unchanged and without further reconditioning, can be used for its original purpose as readily as when new shall not be considered junk.
“Junkyard” means any lot or the use of any portion of a lot where scrap, waste, or discarded materials are bought, sold, exchanged, baled, packed, disassembled, handled, or stored, including automobile wrecking yards, house wrecking yards, used lumber yards, and places or yards for storage of salvaged house-wrecking and structural steel materials and equipment. Junkyards do not include pawnshops and establishments for the sale, purchase, or storage of used furniture and household equipment, used cars in operable condition, or salvaged material incidental to manufacturing operations conducted on the premises.
“Kennel” means any lot, building, structure, or premises upon or in which four or more dogs or cats over four months of age are kept for sale or breeding purposes or are boarded or trained for hire, or where four or more weaned dogs or cats are kept, maintained, or permitted for any reason or purpose, whether commercial, noncommercial, or otherwise.
“Kitchen” means any room designed, used, or maintained for cooking or preparation of food. “Knoll” means a small round hill or mound.
“Land” means the portion of the earth’s surface above the level of the sea or ocean. “Landscaping” means the planting and maintenance of some combination of trees, shrubs, vines, ground cover, flowers, or lawn. In addition, the combination or design may include natural features such as rocks, stone, and structural features including but not limited to fountains, reflecting pools, art works, screens, fences, and benches. “Linkage” means a pedestrian walkway, constructed within landscaped parking areas, which provides safe, unrestricted access to establishments within the development. “Live-work unit” means a mixed use development that combines residential living space and commercial or office space within one structure and/or unit for a single owner. “Living area” means the interior habitable area of a dwelling unit including basements and attics. Does not include a garage or accessory structure.

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The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. “Loading space” means an off-street space or berth on the same lot with a building for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials. “Lot” means a parcel of land occupied, or to be occupied, by a building or group of buildings and accessory buildings, together with such yards, open spaces, lot width, and lot area as required by the provisions of this title, and having frontage upon a public street or a place approved by the commission. The word “lot” shall include the words “parcel” or “plot.”
A. “Lot, corner” means a lot abutting upon two or more streets at their intersection or junction.

B. “Lot, flag” means a lot having access or an easement to a public or private street by a narrow, private right-ofway.

C. “Lot, interior” means a lot other than a corner, reversed corner, or key lot.

D. “Lot, key” means a lot with a side line that abuts the rear line of any one or more adjoining lots.

E. “Lot, reversed corner” means a corner lot, the street side of which is substantially a continuation of the front lot line of the first interior lot to its rear.

F. “Lot, through” means a lot having frontage on two parallel or approximately parallel streets. “Lot area” means the total horizontal area within the lot lines of a lot. “Lot depth” means the horizontal distance between the front and rear lot lines, measured in the mean direction of the side lot lines.
“Lot line” means any boundary of a lot. The classifications of lot lines are as follows:

A. “Lot line, front” means the line separating the lot from the street in the case of an interior lot, and the line separating the narrowest street frontage of the lot from the street in the case of a corner lot.

B. “Lot line, rear” means the lot line which is opposite and most distant from the front lot line.

C. “Lot line, side” means any lot line which is not a front lot line or a rear lot line. “Lot width” means the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.
“Low barrier navigation center” means a housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing or as amended bypursuant to Government Code Section 65660 of the California Government Code. A “low barrier navigation center” shall be allowed as a use by right in accordance with Government Code sections 65660-65668. For the purposes of this chapter, “lLow barrier” means the best practices to reduce barriers to entry for individuals experiencing homelessness, and may include without limitation, but is not limited to, the following:

A. The presence of partners, if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.

B. Pets
C. The storage of possessions.

A.D. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
“Manmade slope” means a manufactured slope consisting wholly or partly of either cut or fill.

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The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. “Manufacture” means to assemble, fabricate, compound, process, treat, or remanufacture. “Manufactured home” means a home built or manufactured in a factory, including mobile homes, as permitted by California and federal laws.
“Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.
“Mechanical play device” or “electronic play device” means any machine, device, or apparatus, whether mechanically or electronically operated, including pool and billiard tables, the operation of which is made possible by the deposit or placement of any coin, slug, disk, card, key, or any other article or device, into any slot, crevice, or opening, or by the payment of any fee or consideration for its use or operation, and which involves the manipulation of hand levers, electronic releases, or other buttons or levers in the conduct of the game. “Mineral” means any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including but not limited to coal, peat, and bituminous rock, but excluding geothermal resources, natural gas, and petroleum (California Code of Regulations Section 3501). For the purposes of this title, minerals shall also include but not be limited to sand, gravel, cinders, diatomaceous earth, shale, limestone, flagstone, decorative stone, and riprap. “Mobile home” means the same as manufactured home, but subject to the National Manufactured Housing Construction and Safety Standards Act of 1974.
“Mobile home park” means any area or tract of land where one or more mobile home spaces are rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation. “Motel” means guest rooms or suites occupied on a transient basis, with most rooms gaining access from an exterior walkway.
“Municipal code” means the Calimesa Municipal Code, as amended. “Native vegetation” means the natural vegetation commonly found in the area. “Natural area” means an undeveloped site which has not been graded. “Natural open space” means the landform as created by nature or as subsequently modified by either agricultural activities or to meet fuel modification fire standards. Within natural open spaces, vegetation introduced for agricultural purposes may be removed and the area revegetated. Existing trees, riparian vegetation, and native plant communities within natural open spaces shall be preserved and protected. Manmade water bodies and trails through natural open spaces may be considered as natural open space. “Natural slope” means a slope which is not manmade. A natural slope may retain the natural vegetation during adjacent grading operations or it may be partially or completely removed and replanted. “Net site area” means the total area within the lot lines of a lot or parcel of land after public street easements or other areas to be dedicated or reserved for public use are deducted from such lot or parcel. “New automobile” is defined as a vehicle less than three years old. “Nonconforming lot” means a lot which, when lawfully created or established, complied with the width and area requirements of the district where located, but which does not conform to the presently existing area or width regulations of the district where located, or which does not conform to the presently existing requirements of the subdivision ordinance governing lot standards.
“Nonconforming structure” means a building or structure lawfully existing on the effective date of these regulations but which would be prohibited, regulated, or restricted under the terms of these regulations or future amendment.

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The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. “Nonconforming use” means a use which lawfully occupied a building or land on the effective date of these regulations but which would be prohibited, regulated, or restricted under the terms of these regulations or future amendment.
“Oak tree” means any oak tree of the genus Quercus, including scrub oak (Quercus dumosa). “Off-highway vehicle (OHV)” is defined as a motorbike, all-terrain vehicle, and other vehicle defined in California Vehicle Code, Section 38012, Division 16.5, Chapter 2.
“Open space” means land not covered by buildings, roads, or vehicular accessways and including such areas as private yards, landscaped areas, slopes, natural areas, common areas, greenbelts, parks, and areas of recreation as described in California Government Code Section 66560.
“Operator, mining” means any person who is engaged in surface mining operations, who permits others to conduct surface mining operations on his property and who receives a financial benefit therefrom, or who contracts with others to conduct operations on his behalf, except a person who is engaged in surface mining operations as an employee with wages as his sole compensation.
“Overburden” means the soil, rock, or other materials that lie above a natural mineral deposit or in between deposits, before or after their removal by surface mining operations. “Pad” means a generally flat or stepped area created by grading to accommodate development. “Parcel” means a parcel of land under one ownership that has been legally subdivided or combined and is shown as a single parcel on the latest equalized assessment roll. “Park and recreation facility” means a public or private open space or park, which may contain recreation facilities.

Park and recreation facilities do not include commercial recreation facilities. See also “Commercial recreation facility.”
“Parking space, automobile” means a space within a building or on a lot for the parking or temporary storage of one automobile with adequate provision for ingress and egress by an automobile of standard size. “Parking, tandem” means two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
“Patio” means an uncovered area constructed at grade using hardscape materials including but not limited to concrete, brick, pavers, or gravel.
“Peak” means the highest part of a mountain, usually steep sided at the summit. “Permitted use” means any use allowed in a zone district and subject to the provisions applicable to that district. “Person” means a firm, association, organization, partnership, trust, company, governmental agency, or corporation, as well as an individual or other legal entity.

Personal Services. Include tanning salons, day spas, massage establishments, tattoo or body piercing parlors, or uses deemed similar to any listed herein.
“Planning director” means the director of the city of Calimesa planning department, or his/her designee. “Principal use” means the primary or predominant use of any lot, building, or structure. “Prominent ridge” means a ridge or hill which is visible from arterial streets or major public space, which forms a part of the skyline or is seen as a distant edge against a backdrop of land or is so designated by the general plan or zoning code.

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The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. “Protected oak tree” means an oak tree of the genus Quercus, including scrub oak (Quercus dumosa), other than a heritage oak tree or scrub oak, that has a trunk measuring two inches or more in diameter as measured four and onehalf feet from the natural grade (i.e., diameter at breast height (DBH)). “Protected stand of oak trees (oak grove)” means a cluster of four or more oak trees of the genus Quercus, including scrub oaks (Quercus dumosa).
“Protected zone” means a specifically defined area totally encompassing an oak tree or an oak grove within which work activities are strictly controlled. When depicted on a map, the outermost edge of the protected zone will appear as an irregular-shaped circle that follows the contour of the dripline of the tree or the outermost trees in a grove.

Using the dripline as a point of reference, the protected zone shall commence at a point five feet outside of the dripline of an oak tree or oak grove and extend inward to the trunk of the tree or grove. In no case shall the protected zone be less than 15 feet from the trunk of an oak tree. “Pruning” means any or all work performed upon the roots or the limbs of an oak tree, including but not limited to removal of live tissue, ornamental pruning, aesthetic pruning, thinning out, heading up, or any similar actions that involve removal of live tissue.
“Public right-of-way” means a strip of land acquired by reservation, dedication, prescription, or condemnation and intended to be occupied by a road, trail, water line, sanitary sewer, and/or other public uses. “Public utility facility” is defined as, but not limited to, an assembly of materials and equipment including the buildings and structures necessary for the provision of electricity, telephone, cable television, water, and gas for general consumer use.
“Quasi-public use” means a use conducted by a private nonprofit educational, religious, recreational, charitable, or medical institution, the use having the purpose primarily of serving the general public, and including uses such as churches, private schools and universities, private hospitals, youth centers, and similar uses. “Reclamation” means the combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines. Mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses, and creates no danger to public health or safety. The process may extend to affected lands surrounding mined lands and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization, or other measures.
“Recreational vehicle” means a vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for recreational or sporting purposes. Includes but is not limited to travel trailers, pickup campers, camping trailers, motor coach homes, converted trucks or buses, boats and boat trailers, and all-terrain vehicles.
“Recyclable material” means reusable material, including but not limited to metals, glass, plastic, and paper, which is intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Does not include refuse or hazardous materials.
“Recycling facility” means a center for the collection and/or processing of recyclable materials.

A. “Certified recycling facility” or “certified processor” means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business, or manufacturer.

B. “Collection facility” means a center for the acceptance, by donation, redemption, or purchase, of recyclable materials from the public. Such a facility does not use power-driven processing equipment except as indicated in CMC 18.25.050(K)(2)(e). Collection facilities may include the following:

1. Reverse vending machines.

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2. A small collection facility which occupies an area of not more than 500 square feet and may include a mobile unit.

3. Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet.

4. Kiosk-type units, which may include permanent structures.

5. Unattended containers placed for the donation of recyclable materials.

6. A large collection facility which may occupy an area of more than 500 square feet and may include permanent structures.

C. “Mobile recycling unit” means an automobile, truck, trailer, or van, licensed by the California Department of Motor Vehicles, which is used for the collection of recyclable materials. A mobile recycling center also means the bins, boxes, or containers transported by trucks, vans, or trailers and used for the collection of recyclable materials.

D. “Processing facility” means a building or enclosed space used for the collection and processing of recyclable material. “Processing” means the preparation of material for efficient shipment, or to an end-user’s specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Processing facilities include the following:

1. A light processing facility occupies an area of under 45,000 square feet of gross collection, processing, and storage area and has up to an average of two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding, and sorting of source-separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers.

2. A heavy processing facility is any processing facility other than a light processing facility.

E. “Reverse vending machine(s)” means an automated mechanical device which accepts at least one or more types of empty beverage containers, including but not limited to aluminum cans, glass, and plastic bottles and cartons, and issues a cash refund or a redeemable credit slip with a value not less than the container’s redemption value as determined by the state of California. A reverse vending machine may sort and process containers mechanically; provided, that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary. A “bulk reverse vending machine” is a reverse vending machine that is larger than 50 square feet, is designed to accept more than one container at a time, and will pay by weight instead of by container. “Removal, tree” means physically removing a tree or causing the death of a tree through damaging, poisoning, or other direct or indirect action.
“Respite or Recuperative Care Facility” means a facility that provides post- hospitalization health care services, behavioral health services and other transitional and supportive social services to homeless patients discharged from an acute care hospital.
“Rest home” means a building or a group of buildings which provides nursing, dietary, and/or other personal services rendered to convalescents, invalids, or aged persons, but excludes cases of contagious, communicable diseases, and excluding surgery or primary treatment, such as are customarily provided in sanitariums, hospitals, and mental institutions.
“Restaurant” is defined as the following:

A. “Restaurant, drive-in, drive-through, and walk-up” means an establishment which, on a regular basis, is open for the serving of meals to patrons for compensation, from a limited menu, on which orders and food are taken or

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B. “Restaurant, full service” means an establishment which, on a regular basis, is open for the serving of meals to patrons for compensation and which has adequate kitchen facilities suitable for the preparation of a variety of complete cooked meals, over and beyond such foods as sandwiches or salads, and at which orders are taken and meals are served at the tables by employees of the restaurant.

Retail, General. See “general retail.”
“Retail shopping center” means a combination of two or more buildings totaling 25,000 square feet or more of gross floor area which are located on one or more parcels with reciprocal parking and access. “Retail store” means a business selling goods, wares, or merchandise directly to the ultimate consumer. “Routine maintenance, tree” means actions needed for the continued good health of an oak tree, including but not limited to removal of deadwood, insect control spraying, and watering. “Salvage yard” means any lot or the use of any portion of any lot where scrap, waste, discarded, or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, handled, or stored, including automobile wrecking yards, used lumber yards, and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but not including pawnshops and establishments for the sale, purchase, or storage of used furniture and household equipment, used cars in operable condition, or salvaged materials incidental to manufacturing operations conducted on the premises.
“SB 9” means a state law signed by the Governor on September 16, 2021, that amends Government Code Section 66452.6 and adds Government Code Sections 65852.21 and 66411.7. “SB 9 development project” consists of an urban lot split or development project proposed pursuant to the regulations set forth in SB 9.

School. See “educational facility – public and private schools.” School, Trade or Vocational. See “educational facility – vocational/trade schools.” Second Dwelling Unit. See “Dwelling unit, accessory.”
“Secondhand store” means a store that sells items that have been previously sold or used or that have been donated for resale.
“Section” means any portion of this title immediately preceded by figures commencing with the number 18. “Setback” means the required distance that a building, structure, parking, or other designated item must be located from a lot line.
“Setback area” means the area between the building line and the property line, or when abutting a street, the ultimate right-of-way line.
“Setback distance” means the distance between the building line and the property line, or when abutting a street, the ultimate right-of-way line.
“Single household unit” means the functional equivalent of a traditional family, whose members are an interactive group of persons, where such persons jointly occupy a single dwelling unit, jointly use common areas, and share household activities and responsibilities (e.g., meals, chores, and expenses), and where, if the unit is rented, all adult residents have chosen to jointly occupy the entire premises of the dwelling unit, under a single written lease with joint use and responsibility for the premises, and the makeup of the household occupying the unit is determined by the residents of the unit rather than the landlord or property manager.

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The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. “Single-loaded street” means a street with lots fronting on one side only. “Single-room occupancy (SRO)” means multiunit housing for very low-income persons that typically consist of a single room and shared bath and also may include a common kitchen and common activity area. “Slope” means an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance.
“Slope bank” means a manmade slope steeper than 5:1 (20 percent). “Storage” means the use of land or structures for the warehousing, storage, or holding of goods, wares, merchandise, equipment, building materials, lumber, furniture, household goods, manufactured goods, wholesale products, retail products, and similar types of materials or finished products and commercial or industrial products or equipment of any type or nature, for any length of time, and regardless of whether any of the foregoing items are offered for sale. “Storage yard” means any open space upon which is stored or placed for any length of time, as a primary use of the land, any goods, wares, merchandise, finished products, materials in process, equipment, or supplies of any kind, but excluding the storage or placing of any of the foregoing items solely as a use secondary to a lawful primary use conducted on the property, provided applicable provisions of the municipal code are met. “Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. That portion of a building between a floor and a floor above, more than 50 percent of the volume of which is below grade, shall not be considered a story unless chargeable for parking.
“Street” means a public thoroughfare of right-of-way dedicated, deeded, or condemned for public use and which affords the principal means of access to abutting properties. “Street site” means any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.
“Structure” means anything constructed or erected which requires location on the ground or attached to something having a location on the ground.
“Subsection” means any division within any numbered section of this title. “Supportive housing” means housing with no limit on length of stay that is occupied by the target population as defined by Government Code Section 65582 and that is linked to on- or off-site supportive services as defined by Government Code Section 65582 of the California Government Code that assist the supportive housing resident in retaining the housing, improving theirhis or her health status, and maximizing theirhis or her ability to live and, when possible, work in the community.
“Surface mining operations” means all, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incidental to an underground mine.

Surface mining operations include but are not limited to:

A. In-place distillation, retorting, or leaching.

B. Production and disposal of mining waste.

C. Prospecting and exploratory activities.
“Surface mining operations” also include the creation of borrow pits, streamed skimming, segregation, and stockpiling of mined materials and recovery of same (California Code of Regulations Section 3501).

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The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. “Temporary use” means a use established for a specified period of time, with the intent to discontinue the use at the end of the designated time period.
“Toe of slope” means the lowest elevation of a slope which transitions to a flatter area or pad. “Top of slope” means the highest elevation of a slope.
“Topography” is a general term to include characteristics of the ground surface such as plains, hills, mountains, degree of relief, steepness of slope, and other physiographic features. “Transition” means the area where a slope bank meets the natural terrain or a level graded area either vertically or horizontally.
“Transitional housing” means rental housing operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. The term “transitional housing” shall include the term “transitional housing development.”
“Truck terminal” means any facility, building, or premises used or improved for use for the storage, maintenance, repair, or servicing of trucks, trailers, semi-trailers, or similar transportation equipment or used primarily in connection with the transportation, transfer, or storage of goods, wares, or merchandise, whether or not such use is conducted outside or within an enclosed building, but excluding the storage, maintenance, repair, or servicing of any such transportation equipment or the storage of goods, wares, and merchandise solely as an incident to a conduct of a primary use permitted and lawfully conducted by the owner thereof on such premises. “Undeveloped parcel” means a property that has not been developed or improved to the maximum extent allowed by the existing land use designation and zoning of the property. “Uniform slope” means a slope of a uniform slope ratio. “Urban lot split” means a parcel map subdivision permitted pursuant to the regulations set forth in SB 9 that creates no more than two parcels of approximately equal size.
“Usable open space” means any usable area designated for and to be used for outdoor living, recreation, or landscaping on the ground or unenclosed balcony, or on an approved roof deck. May include patios and deck areas of swimming pools and rear yards. No portion of required front yards and side yards, off-street parking space, or driveways shall constitute usable open space.
“Use” means the purpose for which land or a building is arranged, designed, or intended or for which either is or may be occupied or maintained.
“Used automobile” is defined as a vehicle between three and 20 years old. “Variable slope” means a manmade slope (usually a slope bank) which has a variety of slope ratios rather than a single ratio.
“Variance” means a waiver of specific regulations of this title, granted by the city in accordance with the provisions set forth in this title, for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone. “Vegetation” means growing plants.
“Viewshed” means areas of development which can be viewed from arterial roads, freeways, major collector roads, and public gathering places such as major shopping centers. “Warehouse” means a facility building, facility or other structure for the storage or holding of any goods, wares, merchandise, equipment, building materials, lumber, furniture, household goods, manufactured goods, wholesale products, retail products, and similar types of materials or finished products and commercial or industrial products

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The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. or equipment of any type or nature, for any length of time, and regardless of whether any of the foregoing items are offered for sale.
“Warehousing/distribution” means a structure, building or other facility, or any portion thereof, primarily used for the warehousing, storage, or holding of goods, wares, merchandise, equipment, manufactured goods, wholesale products, retail products, and similar types of materials or finished products and commercial or industrial products or equipment of any type or nature, for any length of time, and regardless of whether any of the foregoing items are offered for sale. “Warehouse, storage or distribution facility” shall include, but is not limited to, the following:

A. Wholesale distribution facility;
B. Distribution center;
C. Distribution facility;
D. Moving and transfer storage;
E. Mini-warehousing, self-storage; and
F. Cross-dock facility, bulk break center, package handling center, order fulfillment center, logistics center or facility, or warehousing or distribution center, building, structure or other facility. “Wholesale” means an item for sale or resale and not for direct consumption. “Wrecking yard” means the same as an “automobile dismantling yard.” “Yard” means an open space on a lot unoccupied and unobstructed from the ground above. Classifications are as follows:

A. “Yard, front” means a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot located at the distance prescribed by the regulations of the zone district in which the property is located.

B. “Yard, rear” means a yard extending across the full width of the lot between the most rear main building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the nearest part of the main building toward the nearest point of the rear lot line.

C. “Yard, side” means a yard between the main building and the side lot line, extending from the front yard or front lot line where no front yard is required, to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of a side lot line toward the nearest point of the main building. “Zero lot line” means the location of a structure on a lot in such a manner that one or more of the structure’s sides rests directly on a lot line.
“Zone” means an area of land shown on the official zoning map or described in this title within which uniform regulations for the uses and development of land are made applicable by this title. Includes district, zone district, and zoning district.
“Zone change” means the legislative act of amending this title by changing the zone district for a parcel or other area of land on the official zoning map.
“Zoning clearance” means a process to ensure that all new and modified uses and structures comply with applicable provisions of this code.
“Zoning map” means the map or maps that are part of the zoning code that delineate the boundaries of zone districts. [Ord. 388 § 5, 2023; Ord. 379 § 5, 2021; Ord. 369 § 5, 2021; Ord. 357 § 5, 2018; Ord. 353 § 7, 2017; Ord. 345 (Exh.

A), 2017; Ord. 342 § 3 (Exh. A), 2016; Ord. 341 § 8, 2016; Ord. 341-U § 9, 2016; Ord. 338 § 2, 2015; Ord. 328 § 3

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The Calimesa Municipal Code is current through Ordinance 41803, passed December 1, 2025June 3, 2024. (Exh. A), 2014; Ord. 288 § 3, 2009; Ord. 285 §§ 2, 3, 2009; Ord. 233, §§ 4 – 6; Ord. 95-7 § 2; Code 1990 §

12.2.02.]

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

Chapter 18.15

ADMINISTRATIVE PROVISIONS
Sections:

18.15.010 Purpose.

18.15.020 Application.

18.15.030 Building permits.

18.15.040 Certificates of occupancy.

18.15.050 Conditional use permits.

18.15.060 Zoning code amendments.

18.15.070 Enforcement.

18.15.080 Hearings and appeals.

18.15.090 Home occupation permits.

18.15.100 Minor adjustments.

18.15.110 Minor modifications.

18.15.120 Nonconforming structures and uses.

18.15.130 Temporary use permits.

18.15.135 Temporary events.

18.15.140 Variances.

18.15.150 Zone change.

18.15.160 Reasonable accommodation.

18.15.170 Zoning clearance.

18.15.180 Determination of similar use.

18.15.190 Specific plan.

18.15.010 Purpose.

The purpose of this chapter is to provide provisions for the review of all development applications and procedures for public hearings and public noticing. [Ord. 342 § 3 (Exh. A), 2016; Ord. 328 § 4 (Exh. B), 2014; Ord. 95-7 § 2; Code 1990 § 12.10.01.]

18.15.020 Application.

A. Application Filing. Application for permits, permit modifications, amendments, and other matters pertaining to this zoning code shall be filed with the planning department on a city application form, together with all fees, plans, maps, and other information required by the planning department. The application shall be made by the owner(s) or lessee(s) of property, or their agents, or person(s) who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this zoning code, or the agent(s) of such persons. An application shall be acted upon within one year of the filing date; otherwise the application shall be null and void. Refunds will not be issued for expired applications.

B. Fees. The city council shall, by resolution, establish a schedule of fees for permits, amendments, and other matters pertaining to this zoning code. The schedule of fees may be changed or modified only by resolution of the council. Until all applicable fees have been paid in full, review shall not commence on any application. The city is not required to continue processing any application unless its fees are paid in full. Failure to pay the applicable fees is grounds for denial of the application.

C. Agreement. Upon approval of a permit, entitlement or other development approval pursuant to this chapter, the applicant shall agree, in writing, to abide by and comply with all provisions and conditions of the permit or other approval and this code, in a form satisfactory to the city. [Ord. 342 § 3 (Exh. A), 2016; Ord. 328 § 4 (Exh. B), 2014; Ord. 95-7 § 2; Code 1990 § 12.10.02.]

18.15.030 Building permits.

A. Required. It is unlawful for any property owner, or his/her authorized agent, to commence any work pertaining to the erection, construction, reconstruction, moving, conversion, or alteration of any building, or any addition to any building, until a building permit has first been secured from the building and safety division for such work.

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B. Application. Each application for a building permit shall be made on a printed form to be obtained at the building and safety division, and shall be accompanied by accurate information and dimensions as to the size and location of the lot, the size and location of the buildings on the lot, the dimensions of all yards and open spaces, and such other information as may be necessary for the enforcement of these regulations. Where complete and accurate information is not readily available from existing records, the building and safety division may require the applicant to furnish a survey of the lot, prepared by a licensed surveyor. The original of such application shall be kept in the building and safety division.

C. Issuance Restrictions – General. No building permit shall be issued for the erection or use of any structure or part thereof, or for the use of any land, which is not in accordance with the provisions of this title, and in conformity with the approved site plan or conditional use permit, where required by this title. Any permit issued contrary to the provisions of this title, or not in conformity with the approved site plan or conditional use permit, shall be void and of no effect.

D. Issuance Restrictions – Prohibited Structures. No building permit shall be issued where the structure or structures to be erected will have the effect of depriving other persons of the use of their property or will have the effect of invalidating the general plan.

E. Dedication of Streets. The applicant for a building permit in any zone shall dedicate any half-width streets that have not been dedicated, or the applicant shall dedicate additional right-of-way as may be shown on the general plan or any ordinance which sets forth rights-of-way in excess of those now in existence.

F. Improvements Required.

1. The applicant for a building permit shall be required to improve street frontages and provide public facilities in accordance with the existing standards and regulations developed by the director of public works; generally, the street improvements include paving, curbs, gutters, sidewalks, and drainage facilities.

2. The applicant for a building permit shall provide for the street improvements to be installed abutting the lots desired to be built upon. Such street improvements shall include the half-width street improvements and the concrete curbs and gutters immediately abutting the premises to which the building permit would apply. The street improvements shall also include sidewalks, in accordance with standards developed by the public works department. Public facilities shall be installed by the developer for all construction, and in accordance with the requirements of the public works department. [Ord. 342 § 3 (Exh. A), 2016; Ord. 328 § 4 (Exh. B), 2014; Ord. 95-7 § 2; Code 1990 § 12.10.03.]

18.15.040 Certificates of occupancy.

The following provisions are intended to ensure that any initiation or reestablishment of a legally permitted use within a legally established, or a legal nonconforming, structure shall comply with all applicable provisions of the municipal code.

A. New Buildings. A certificate of occupancy shall be issued only after such new building, enlargement, or alteration has been completed in conformity with the provisions of any regulating ordinance, and with any approved site plan and required conditions of approval, and when the proposed use conforms to this title and required conditions.

B. Existing Buildings and Undeveloped Land. A certificate of occupancy shall be issued for the reuse of an existing building, or the use of undeveloped land, only after the improvements for such building or land conform to the property development standards of this title. Where feasible, such standards shall include the provision of required walls, landscaping, parking, trash enclosures, street improvements, and all other improvements determined by the planning department to be necessary or required by any regulating ordinance for the particular use. [Ord. 342 § 3 (Exh. A), 2016; Ord. 328 § 4 (Exh. B), 2014; Ord. 95-7 § 2; Code 1990 § 12.10.04.]

18.15.050 Conditional use permits.

A. Purpose and Intent. A conditional use permit (CUP) provides for a discretionary review of a project or use to ensure that the project or use will not have an adverse effect on the surrounding area. A use that requires a CUP shall

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The Calimesa Municipal Code is current through Ordinance 41803, passed June 3, 2024December 1, 2025. be permitted only if a permit is granted by the planning commission in accordance with the provisions of this section.

1. Application. An application for a conditional use permit shall be filed in a manner consistent with the requirements contained in CMC 18.15.020, Application.

B. Public Improvement and Dedication Requirements. Requirements include dedications for streets, drainage, and easements for public utilities, trails, flood control, and such other rights-of-way as may be essential to the orderly development of the site and abutting properties. Improvements include:

1. Grading, drainage, and drainage structures;

2. Curbs and gutters;

3. Sidewalks;

4. Street pavement;

5. Adequate domestic water service;

6. Sanitary sewer facilities and connections;

7. Services from public utilities, where provided;

8. Street trees;

9. Streetlights and street name signs;

10. Any additional improvements and facilities as determined necessary by the commission for the proper development of the site and area.

C. Hearings and Notice. A public hearing shall be held on the application for a conditional use permit in accordance with the provisions of CMC 18.15.080, Hearings and appeals.

D. Commission Actions. A conditional use permit application may be approved as submitted, conditionally approved, or denied. The CUP may be granted subject to such conditions which the planning commission considers necessary to protect the public health, safety, and welfare, and the intent and considerations stated in this section.

E. Continuation of Existing Uses. Uses existing on the effective date of the ordinance codified in this title which are listed as permitted subject to a conditional use permit may continue without securing such permit; however, any extension or expansion of such use shall comply with the provisions of this section.

F. Findings. The commission, in approving a conditional use permit, shall find as follows:

1. The proposed use is conditionally permitted within the subject land use district and complies with all of the applicable provisions of this zoning code.

2. The proposed use would not impair the integrity and character of the land use district in which it is to be located.

3. The subject site is physically suitable for the type and intensity of land use being proposed.

4. The proposed use is compatible with the land uses presently on the subject property.

5. The proposed use would be compatible with existing and future land uses within the general area in which the proposed use is to be located.

6. The proposed use is compatible in scale, mass, coverage, density, and intensity with all adjacent land uses.

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7. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety.

8. There will be adequate provisions for public access to serve the subject proposal.

9. The proposed use is consistent with the general plan.

10. There will not be significant adverse effects upon environmental quality and natural resources.

11. The negative impacts of the proposed use are mitigated.

12. The proposed location, size, design, and operating characteristics of the proposed use would not be detrimental to the public interests, health, safety, convenience, or welfare of the city.

G. Use of Property Before Final Decision. No permit shall be issued for any use involved in an application for approval of a conditional use permit until, and unless, the same shall have become final, pursuant to CMC

18.15.080(F), Effective Date of Decision.

H. Expiration and Automatic Extension.

1. Expiration. Except as provided in subsection (H)(2), (H)(3), or (H)(4) of this section, a conditional use permit shall be used within one year from the date of permit approval; otherwise, the permit shall be null and void. The permittee may, at least 30 days prior to expiration of the permit, request an extension of time in which to use the permit. The request for extension of time shall be made to the planning department and accompanied by the fee set forth by resolution of the city council. The commission may grant 12-month extensions, not to exceed two extensions, based upon a determination that a valid reason exists for the permit not being used within the required period of time. The total time allowed for the use of the permit shall not exceed a period of three years, calculated from the date of permit approval. The term “used” shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under the terms of the authorized use.

2. First Automatic Extension – 2009. The expiration date of all conditional use permit approvals that have either not expired by October 9, 2009, or that are subsequently approved prior to January 1, 2012, shall be automatically extended by 24 months. This automatic extension provision shall not apply to any development plan approval that is granted on or after January 1, 2012.

3. Second Automatic Extension – 2011. The expiration date of all conditional use permit approvals that have either not expired by October 9, 2011, or that are subsequently approved prior to January 1, 2014, shall be automatically extended by 24 months. This automatic extension provision shall not apply to any development plan approval that is granted on or after January 1, 2014.

4. Third Automatic Extension – 2013. Except as provided in this subsection (H)(4), the expiration date of all conditional use permits that were approved on or after January 1, 2000, and that have not expired on or before July 11, 2013, shall be automatically extended by 24 months. This automatic extension provision shall not apply to any conditional use permit approval that is granted on or after July 11, 2013. This automatic extension shall also not apply to any conditional use permit if the use for which the permit was granted had ceased or was suspended for more than one year.

5. Fourth Automatic Extension – 2020. Except as provided in this subsection (H)(5), the expiration date of all conditional use permit approvals that have either not expired by June 15, 2020, or that are subsequently approved prior to January 1, 2021, shall be automatically extended by 12 months. This automatic extension provision shall not apply to any conditional use permit approval that is granted on or after January 1, 2021.

I. Revisions and Modifications. A modification or revision to a conditional use permit may be approved by the commission if it is determined that the revision is minor in nature pursuant to CMC 18.15.110(C) and that the following requirements are met:

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1. The proposed modification does not affect the required findings in subsection (F) of this section.

2. The proposed modification does not change the use designated in the original approval.

3. The proposed modification does not alter the shape or size of the buildings or land involved in the conditional use.

4. The proposed modification does not alter or affect any of the conditions placed on the project. Modifications or revisions that are not considered minor, as defined above, shall be made pursuant to the regular conditional use permit procedure set forth in this chapter.

J. Revocation. The commission may hold a hearing to revoke or modify a conditional use permit granted pursuant to the provisions of this chapter. A conditional use permit may be revoked or modified by the commission if any one of the following findings can be made:

1. Circumstances have changed so that one or more of the findings contained in subsection (F) of this section can no longer be made.

2. The conditional use permit was obtained by misrepresentation or fraud.

3. The use for which the conditional use permit was granted had ceased or was suspended for six or more consecutive calendar months.

4. One or more of the conditions of the conditional use permit have not been met within the time periods set forth in this chapter.

5. The use is in violation of any statute, ordinance, law, or regulation.

6. The use permitted by the conditional use permit is detrimental to the public health, safety, or welfare or constitutes a nuisance.

Notice shall be mailed to the record owner or lessee of the subject property not less than 20 days prior to giving public notice. Such notice shall set forth the noncompliance, and shall request appearance by the owner or lessee at the time and place specified for the hearing, to show cause why the permit should not be revoked. Public notice shall be given as provided in CMC 18.15.080, Hearings and appeals. Within 10 days after the public hearing, the commission may revoke or modify the conditional use permit. After revocation, the subject property shall conform to all regulations of the zone district in which it is located.

K. Conditional Use Permit to Run with Land. A conditional use permit granted pursuant to the provisions of this chapter shall continue to be valid upon a change of ownership of the site, business, service, use, or structure which was the subject of the permit application. [Ord. 372-U § 3, 2020; Ord. 342 § 3 (Exh. A), 2016; Ord. 328 § 4 (Exh.

B), 2014; Ord. 318 § 2, 2011; Ord. 293 § 3, 2009; Ord. 95-7 § 2; Code 1990 § 12.10.05.]

18.15.060 Zoning code amendments.

A. Purpose. The city council may amend the provisions of this zoning code for the public health, safety, convenience, general welfare, and aesthetic harmony of the city.

B. Hearings and Notice. Upon receipt in proper form of a zoning code amendment application, or upon direction of the city council, and following department review, hearings shall be set before the commission and city council.

Notice of the hearings shall be given pursuant to the requirements of CMC 18.15.080, Hearings and appeals.

C. Commission Action on Amendments. The commission shall make a written recommendation to the city council on the proposed amendment whether to approve, approve in modified form, or disapprove, based upon the findings contained in subsection (E) of this section.

1. Commission action recommending that the proposed zoning code amendment be approved, approved in modified form, or denied shall be considered by the city council following commission action.

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D. City Council Action on Amendments. Upon receipt of the commission’s recommendation, the city council may approve, approve in modified form, or disapprove the proposed amendment based upon the findings contained in subsection (E) of this section. Amendments to the zoning code shall be adopted by ordinance.

E. Findings. An amendment to this zoning code may be adopted only if the following findings are made:

1. The proposed amendment is consistent with the general plan.

2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city. [Ord. 342 § 3 (Exh. A), 2016; Ord. 328 § 4 (Exh. B), 2014; Ord. 95-7 § 2; Code 1990 §

12.10.06.]

18.15.070 Enforcement.

A. Purpose. Enforcement of the provisions of this zoning code shall be diligently pursued in order to provide for their effective administration, to ensure compliance with any conditions of approval, to ensure compliance with the general plan, to promote the city’s planning efforts, and for the protection of the public health, safety, and welfare of the city.

B. Responsibility. The planning department shall be responsible for enforcing the conditions and standards imposed on all permits granted by the city and permitted under this zoning code. Any structure or use which is established, operated, erected, moved, altered, enlarged, or maintained contrary to the provisions of this zoning code is hereby declared to be unlawful and a public nuisance and shall be subject to the remedies and penalties set forth in Chapter

1.20 CMC, and/or revocation procedures contained in the following sections of this title: CMC 18.15.050, Conditional use permits; 18.15.090, Home occupation permits; 18.15.130, Temporary use permits; and 18.15.140, Variances.

C. Permit Issuance. Any permit, certificate, or license issued subsequent to the effective date of and in conflict with this zoning code shall be null and void.

D. Remedies.

1. All remedies concerning this zoning code shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility of correcting prohibited conditions or removing prohibited structures, signs, or improvements, and shall not prevent the enforced correction or removal thereof.

2. Any construction in violation of this zoning code, or any condition(s) imposed on a permit or license, shall be subject to the issuance of a stop work order. The city may also pursue all available civil and criminal remedies authorized by Chapter 1.20 CMC or as otherwise authorized by law to eliminate or remedy any such violations. [Ord. 342 § 3 (Exh. A), 2016; Ord. 328 § 4 (Exh. B), 2014; Ord. 95-7 § 2; Code 1990 § 12.10.07.]

18.15.080 Hearings and appeals.

A. Purpose. These provisions specify procedures for hearings before the city council and planning commission, and appeals of any determination or action made by the planning director or the planning commission.

B. Application Processing. A public hearing upon an application shall be set before the appropriate body when:

1. The planning director has determined that the application complies with all applicable ordinance requirements; and

2. All procedures required by the city of Calimesa local guidelines for implementing the California Environmental Quality Act to hear a matter have been completed.

C. Notice of Hearing. Hearing notices shall be processed in a manner consistent with the provisions of California Government Code Sections 65090 and 65091.

Unless otherwise required by law, notice of time, date, and place of the hearing, the identity of the hearing body, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of

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The Calimesa Municipal Code is current through Ordinance 41803, passed June 3, 2024December 1, 2025. real property which is the subject of the hearing, shall be given at least 10 days prior to the hearing by all of the following procedures:

1. By publication once in a newspaper of general circulation within the city.

2. By mailing or delivering to the owner of the subject real property or the owner’s duly authorized agent, and to the project applicant.

3. By mailing or delivering to each local agency expected to provide water, sewerage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

4. By mailing or delivering to all owners of real property as shown on the latest equalized assessment roll within 600 feet of the real property that is the subject of the hearing. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection or subsection (C)(2) of this section is greater than 1,000, a local agency, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the city.

5. By mailing to any person who has filed a written request with the planning department and has provided that department with a self-addressed stamped envelope for that purpose.

6. By posting in at least three public places within the boundaries of the city, including one public place in the area directly affected by the proceeding.

7. By posting a six-foot by six-foot notice of public hearing sign on the property.

8. The planning director may require that additional notice of the hearing be given in any other manner he/she deems necessary or desirable.

D. Hearing Procedure. Hearings as provided for in this section shall be held at the date, time, and place for which notice has been given pursuant to this section. The meeting minutes shall be prepared and filed in the planning department. Any hearing may be continued; provided, that prior to the adjournment or recess of the hearing, a clear announcement is made specifying the date, time, and place to which said hearing will be continued.

E. Notice of Decision.

1. Planning Director. The planning director shall announce and record his/her respective decision in writing.

The decision shall set forth applicable findings and any conditions of approval. A notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown on the application. The planning director’s decision shall not be final until issuance of the written decision.

2. Planning Commission. The planning commission shall announce and record its decision at the conclusion of the public hearing. The decision shall set forth the findings of the commission together with all required conditions of approval deemed necessary to mitigate any impacts and protect the health, safety, and welfare of the community. The commission’s decision shall be memorialized by resolution. The commission’s decision shall not be final until issuance of the resolution.

Following the hearing, a written notice of the decision of the commission and any conditions of approval shall be mailed to the applicant at the address shown on the application.

The recommendation with findings of the commission for the following applications shall be transmitted to the city council for final action:
a. Specific plans;
b. General plan amendments, text or map;
c. Zoning code amendments;

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e. Zone changes.

3. City Council. The city council shall announce and record its decision at the conclusion of the public hearing.

The decision shall set forth the findings of the city council and conditions of approval deemed necessary to mitigate any impacts and protect the health, safety, and welfare of the community. The city council’s decision shall be memorialized by resolution. The city council’s decision shall not be final until issuance of the resolution.

Following the hearing, a written notice of the decision of the city council and any resolution, including the conditions of approval, shall be mailed by the city clerk to the applicant at the address shown on the application.

The decision of the city council shall be final, and there shall be no further appeal within the administrative procedures of the city.

F. Effective Date of Decision. Minor adjustments, variances, conditional use permits, and all other development permits shall become effective 16 days following the final date of action (i.e., date of approval of the permit by resolution or written decision) by the appropriate review authority, except as otherwise provided by subsection (J) of this section. For decisions issued by the planning director, the director’s letter of approval of the permit shall constitute the permit. The resolution approving the minor adjustment, variance, conditional use permit or other development permit shall constitute the permit. Zoning code amendments, specific plan adoption and amendments, and zone changes shall become effective 30 days following the final date of action (i.e., adoption) by the city council. The resolution or ordinance approving the specific plan, zone change, zoning provision, or amendment thereto, shall constitute the zoning code amendment, zone change, specific plan or specific plan amendment.

G. Appeal of Action or Determination. Any determination or action taken by the planning director may only be appealed to the planning commission. Any determination or action taken by the planning commission to approve or disapprove an application may be appealed to the city council.

1. Appeals to Planning Commission. The following decisions of the planning director may be appealed to the planning commission:
a. Any decision by the planning director on an application for a home occupation permit, minor adjustment, minor modification, or reasonable accommodation; b. Any decision by the planning director on an application for a sign permit; c. Any other action by the planning director for which an appeal is authorized by this title.

2. Appeals to City Council. Only the following actions may be appealed to the city council: All decisions of the planning commission.

3. Standing to Appeal. The applicant, or any interested person who is aggrieved by or dissatisfied with an appealable decision of the planning director or planning commission, for which an appeal is authorized by this subsection (G) may appeal from such determination or action by filing a written notice of appeal. The city manager or any member of the city council may file a written appeal of a decision of the planning commission on the basis that such action is of sufficient importance to the city that it should be reviewed by the entire city council. In filing such appeal, the member of the city council is not taking a position in favor of or against the action or any portion thereof and is not deciding or committing to a vote in favor of or against the action or any portion thereof. All appeals shall be filed in accordance with this section.

H. Filing of Appeals. All appeals shall be submitted to the planning department in writing on forms supplied by the planning director, and shall specifically state the basis of the appeal. A written appeal of an action of the planning director or planning commission shall be filed with the planning department within 15 days following the final date of determination or action for which an appeal is made. Except where an appeal is filed by the city manager of any

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I. Notice of Appeal Hearings. Notice of an appeal hearing shall conform to the manner in which the original notice was given. The appellant shall be responsible for all noticing materials required in the original application.

J. Effective Date of Appealed Actions. An action of the planning director appealed to the planning commission shall not become final unless and until upheld by the commission. An action of the planning commission appealed to the city council shall not become final unless and until upheld by the city council.

K. Reapplication. When an application for a permit or amendment is denied, no application for the same or substantially same permit or amendment shall be filed in whole, or in part, for the ensuing 12 months, except as otherwise specified at the time of denial. The planning director shall determine whether the new application is for a permit or amendment which is the same or substantially the same as a previously denied permit or amendment. No decision of the planning director shall be effective until a period of 15 days has elapsed following the written notice of decision.

L. Reconsideration. If more complete or additional facts or information which may affect the original action taken on an application by a review authority are presented, the review authority may reconsider such action taken, if a request for reconsideration is filed with the planning department within 15 days following the final date of action. If a public hearing was required in the original review process, another public notice as specified in subsection (C) of this section shall be made prior to the reconsideration of the review authority, and all costs associated with the reconsideration shall be paid by the applicant. [Ord. 401 §§ 1 – 3, 2024; Ord. 342 § 3 (Exh. A), 2016; Ord. 328 § 4 (Exh. B), 2014; Ord. 95-7 § 2; Code 1990 § 12.10.08.]

18.15.090 Home occupation permits.

A. Purpose. The purpose of a home occupation permit is to allow only those home occupations that are clearly subordinate and secondary to the primary use of the dwelling as a residence and to ensure compatibility of the home occupations with the principal residential uses in order to protect the integrity and character of neighborhoods.

B. Definition. A home occupation is an accessory, nonresidential business activity that is conducted.

C. Applicability. A home occupation permit shall be required for all home-based businesses except as provided in this subsection (C). An employee or contract employee of a licensed business enterprise (not located within a home) may work from home without first obtaining a home occupation permit.

1. Application and Fee. A signed application and payment of a fee, as set by resolution of the city council, shall be submitted to the planning department.

2. Property Owner Authorization. If the home occupation is to be conducted on rental property, the property owner’s written authorization for the proposed use shall be obtained prior to the submittal for a home occupation permit.

3. Nontransferability. A home occupation permit is not transferable. Upon any change in ownership or occupancy of the property, or relocation of the home occupation to another location, the home occupation permit shall be void and of no effect, and a new permit and review shall be required for the new location or new owner or tenant.

D. Approval. The planning director shall have the authority to approve or deny a request for a home occupation based on the criteria contained in subsection (D)(2) of this section.

1. Business Registration. Immediately following the effective date of an approved home occupation permit, the applicant shall obtain a city business license. No home occupation shall be initiated until a current business license is obtained.

2. Criteria for Approval. A home occupation permit shall be granted only when the planning director determines that the proposed home occupation complies with the following findings:

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The Calimesa Municipal Code is current through Ordinance 41803, passed June 3, 2024December 1, 2025. a. The proposed home occupation is consistent with the general plan, any applicable specific plan or master plan, and all applicable provisions of the zoning code. b. The proposed home occupation is consistent with the standards and prohibited use regulations in subsections (E) and (F) of this section.
c. The establishment, maintenance, or operation of the home occupation applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the city.

3. Compliance Requirements. The planning director may impose requirements and/or require guarantees in order to ensure compliance with this title and to prevent adverse or detrimental impact to the surrounding neighborhood.

E. Development Standards. Home occupation shall be subject to the following limitations:

1. Number of Home Occupations. There shall be no more than three home occupations in any dwelling unit.

2. Employees. Only the occupants of the dwelling may be engaged in the home occupation, except for a cottage food operation which is entitled to one nonresident employee.

3. Habitable Floor Area. The home occupation shall be an incidental and accessory use and shall not change the principal character of the dwelling unit. There shall be no remodeling or construction that will change the external appearance from a residential to a commercial look when viewed from the front of the building.

4. On-Site Sales. There shall be no direct sales of products or merchandise from the home, except for products of a cottage food operation.

5. Traffic/Vehicles. The home occupation shall not generate pedestrian or vehicular traffic beyond that normal to the residential district. No vehicles or trailers, except those normally incidental to the residential use, shall be kept on the site.

6. Signs. The home occupation shall not involve the use of advertising signs or window displays on the premises, or any other local advertising media which calls attention to the fact that the home is being used for business purposes, telephone number listing excepted.

7. Storage. There shall be no storage of material or supplies within view of the public right-of-way, and storage shall not utilize a required parking space (e.g., within a required garage). No outdoor storage shall be permitted.

8. Deliveries. The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises, except for FedEx, UPS, or USPS-type home pickups and deliveries. Deliveries shall not exceed those normally and reasonably occurring for a residence.

9. Off-Site Effects. No use shall create or cause noise, dust, light, vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare, or electrical interference or other hazards or nuisances.

10. Special Condition. Any special condition established by the planning director or other review authority and made part of the record of the home occupation permit, as deemed necessary to carry out the intent of this section.

F. Prohibited Home Occupation Uses. The following examples are uses that are not considered incidental to or compatible with residential activities, and are prohibited:

1. Barber, beauty shop or hair stylist;

2. Businesses which entail the harboring, training, breeding, raising, or grooming of dogs, cats, or other animals on the premises;

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3. Carpentry and cabinet making;

4. Food handling, food processing, food warehousing, or food packaging businesses or other uses, except in conjunction with a cottage food operation with a valid home occupation permit and health department permit or license as required by county and state law;

5. Medical and dental offices, clinics, and laboratories;

6. Mini storage;

7. Repair, fix-it, or plumbing shops;

8. Storage of equipment, materials, and other accessories to the construction and service trades;

9. Vehicle repair (body or mechanical), upholstery, and painting;

10. Welding and machining;

11. Commercial cannabis activity;

12. Reserved;

13. Reserved;

14. Any use not allowed in the zone district in which the residence is located; and

15. Any other use determined by the planning director to be not incidental or compatible with residential activities.

G. Expiration. A home occupation permit shall automatically expire and become void if the use for which the home occupation permit was obtained has ceased or has been suspended for six or more consecutive calendar months. An expired home occupation permit shall be subject to revocation as provided in subsection (H) of this section.

H. Modification or Revocation. A home occupation permit may be revoked or modified by the planning director following a hearing. Fifteen days prior to the hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which the minor adjustment was granted.

The planning director may modify or revoke the home occupation permit if the planning director makes any of the following findings:

1. The use has become detrimental to the public health, safety, or welfare, or constitutes a nuisance.

2. The permit was obtained by misrepresentation or fraud.

3. The use for which the permit was granted has ceased or was suspended for six or more calendar months and the permit therefore automatically expired and became void.

4. The condition of the premises, or the area of which it is a part, has changed so that the use is no longer justified under the meaning and intent of this section.

5. One or more of the conditions of the home occupation permit have not been met.

6. The use is in violation of any statute, ordinance, law, or regulation in effect at the time of permit issuance. [Ord. 342 § 3 (Exh. A), 2016; Ord. 341 § 9, 2016; Ord. 341-U § 10, 2016; Ord. 328 § 4 (Exh. B), 2014; Ord. 268 § 2, 2007; Ord. 95-7 § 2; Code 1990 § 12.10.09.]

18.15.100 Minor adjustments.

A. Purpose and Intent. Adjustments from the standards contained in this zoning code shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location, or

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The Calimesa Municipal Code is current through Ordinance 41803, passed June 3, 2024December 1, 2025. surroundings, the strict application of this zoning code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification, or when installation and use of renewable energy devices conflict with strict application of this zoning code. Any adjustment granted shall be subject to conditions to ensure that the adjustment does not constitute a grant of special privileges inconsistent with the limitations on other properties in the vicinity and in the same land use category as the subject property. The power to grant an adjustment does not extend to use regulations.

B. Application. An application for a minor adjustment shall be filed in a manner consistent with the requirements contained in CMC 18.15.020, Application.

C. Applicability. The planning director may grant a minor adjustment up to a maximum of 10 percent governing only the following measurable design/site considerations:

1. Lot dimensions;

2. On-site parking (except temporary recreational vehicle guest parking standards), loading, and landscaping;

3. Setbacks;

4. Structure heights.

Any minor adjustment request which exceeds the prescribed limitations outlined in this section shall require the filing of a variance application, pursuant to CMC 18.15.140, Variances. Minor adjustments may be approved by the planning director only if no other entitlements are required. If other approvals are necessary, the minor adjustment shall be filed and processed concurrently.

D. Findings. The following findings must be made to approve a minor adjustment:

1. There are special circumstances applicable to the property, including size, shape, topography, location, surroundings, or installation and use of renewable energy devices, such that the strict application of this zoning code deprives such property of privileges enjoyed by other property in the vicinity and under identical land use district classification.

2. Granting of the adjustment does not constitute a special privilege inconsistent with the limitations on other properties in the vicinity and land use district in which such property is located.

3. Granting of the adjustment will not be materially detrimental to the public health, safety, or welfare or injurious to the property or improvements in such vicinity and land use district in which the property is located.

4. The adjustment does not exceed 10 percent of the standard(s) being modified, or allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel.

5. Granting the adjustment will not be inconsistent with the general plan.

E. No Precedent. The granting of a prior minor adjustment shall have no precedential value in the city’s consideration of a new minor adjustment application on the same property or any other property in the city, and shall not be admissible evidence when considering an application for a new minor adjustment on the same or different property.

F. Burden of Proof. The burden of proof to establish the evidence in support of the findings, as required by this section, is the responsibility of the applicant.

G. Expiration and Automatic Extension.

1. Expiration. Except as provided in subsection (G)(2), (G)(3) or (G)(4) of this section, a minor adjustment shall be used within one year from the date of approval, or the minor adjustment shall become null and void.

The term “used” shall mean the beginning of substantial construction of the use that is authorized, which

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2. First Automatic Extension – 2009. The expiration date of all minor adjustment approvals that have either not expired by October 9, 2009, or that are subsequently approved prior to January 1, 2012, shall be automatically extended by 24 months. This automatic extension provision shall not apply to any minor adjustment approval that is granted on or after January 1, 2012.

3. Second Automatic Extension – 2011. The expiration date of all minor adjustment review approvals that have either not expired by October 9, 2011, or that are subsequently approved prior to January 1, 2014, shall be automatically extended by 24 months. This automatic extension provision shall not apply to any minor adjustment approval that is granted on or after January 1, 2014.

4. Third Automatic Extension – 2013. Except as provided in this subsection (G)(4), the expiration date of all minor adjustments that were approved on or after January 1, 2000, and that have not expired on or before July 1, 2013, shall be automatically extended by 24 months. This automatic extension provision shall not apply to any minor adjustment approval that is granted on or after July 11, 2013. This automatic extension shall also not apply to any minor adjustment approval if the use for which the minor adjustment was granted had ceased or was suspended for more than one year.

H. Time Extension. Subject to subsection (G) of this section, the planning director, upon an application being filed 30 days prior to expiration and for good cause, may grant a one-time extension not to exceed 12 months. Upon granting of an extension, the planning director shall ensure that the minor adjustment complies with all current zoning code provisions.

I. Use of Property Before Final Decision. No permit shall be issued for any use involved in an application for approval of a minor adjustment until, and unless, the same shall have become final pursuant to CMC 18.15.080(F), Effective Date of Decision.

J. Modification or Revocation. The planning director may hold a hearing to revoke or modify a minor adjustment granted pursuant to the provisions of this section. Fifteen days prior to the hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which the minor adjustment was granted.

The planning director may revoke or modify a minor adjustment if any one of the following findings can be made:

1. Circumstances have changed so that one or more of the findings contained in subsection (D) of this section can no longer be made, and the grantee has not substantially exercised the rights granted by the minor adjustment.

2. The minor adjustment was obtained by misrepresentation or fraud.

3. The improvement authorized pursuant to the minor adjustment had ceased or was suspended for six or more consecutive calendar months, and the minor adjustment approval therefore automatically expired and became void.

4. One or more of the conditions of the minor adjustment have not been met, and the grantee has not substantially exercised the rights granted by the minor adjustment.

5. The improvement authorized pursuant to the minor adjustment is in violation of any statute, ordinance, law, or regulation.

6. The improvement permitted by the minor adjustment is detrimental to the public health, safety, or welfare or constitutes a nuisance.

K. Appeals. Appeals shall be made in accordance with CMC 18.15.080, Hearings and appeals. [Ord. 342 § 3 (Exh.

A), 2016; Ord. 328 § 4 (Exh. B), 2014; Ord. 318 § 3, 2011; Ord. 293 § 4, 2009; Ord. 95-7 § 2; Code 1990 §

12.10.10.]

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18.15.110 Minor modifications.

A. Purpose. The minor modification procedure is intended to provide a method whereby minor changes may be made to existing, previously approved land use entitlements without any additional impact or expansion of use or structure(s).

B. Application. An application for a minor modification shall be on a form prescribed by the planning director and shall be filed with the planning department, pursuant to CMC 18.15.020, Application.

C. Applicability. The planning director may grant a minor modification to an approved permit up to a maximum of 10 percent governing only the following measurable design/site considerations, which in no case would result in a reduction from any minimum standard outlined in this zoning code:

1. On-site circulation and parking, loading, and landscaping.

2. Placement and/or height of walls, fences, and structures.

3. Reconfiguration of architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme.

4. A reduction in density or intensity of a development project.

5. Any modification request which exceeds the prescribed limitations outlined in this section shall require the filing of an original application for an amendment to the approved permit and a subsequent hearing by the appropriate review authority, as applicable.

D. Findings. The written decision to approve or deny a request for a minor modification shall be based on the following findings, all of which are required for approval:

1. The proposed modification does not affect the required findings applicable to the original application.

2. The proposed modification does not exceed 10 percent of the standard(s) being modified.

3. The proposed modification does not result in a reduction of any minimum standard outlined in the zoning code.

E. Conditions. The planning director may impose additional conditions to further the intent of this section.

F. Expiration. Except as provided in subsection (G) of this section, a minor modification shall be used within one year from the date of approval, or the minor modification shall become null and void and subject to revocation as provided in subsection (G) of this section. The term “used” shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under the terms of the authorized use.

G. Revocation or Modification. The planning director may hold a hearing to revoke or modify a minor modification granted pursuant to the provisions of this section. Fifteen days prior to the hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which the minor modification was granted. A minor modification may be revoked or modified by the planning director if any one of the following findings can be made:

1. That circumstances have changed so that one or more of the findings contained in subsection (D) of this section can no longer be made, and the grantee has not substantially exercised the rights granted by the minor modification;

2. That the minor modification was obtained by misrepresentation or fraud;

3. That the improvement authorized pursuant to the minor modification had ceased or was suspended for 12 or more consecutive calendar months, and the minor modification approval therefore automatically expired and became void;

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4. That one or more of the conditions of the minor modification have not been met, and the grantee has not substantially exercised the rights granted by the minor modification;

5. That the improvement authorized pursuant to the minor modification is in violation of any statute, ordinance, law, or regulation; or

6. That the improvement permitted by the minor modification is detrimental to the public health, safety, or welfare or constitutes a nuisance.

H. Appeals. Appeals shall be made in accordance with CMC 18.15.080, Hearings and appeals. [Ord. 342 § 3 (Exh.

A), 2016; Ord. 328 § 4 (Exh. B), 2014; Ord. 95-7 § 2; Code 1990 § 12.10.11.]

18.15.120 Nonconforming structures and uses.

A. Purpose. These provisions provide for the orderly termination of nonconforming structures and uses to promote the public health, safety, and general welfare, and to bring these structures and uses into conformity with the goals and policies of the general plan. This section is intended to prevent the expansion of nonconforming structures and uses to the maximum extent feasible, to establish the criteria under which they may be continued or possibly expanded, and to provide for the correction or removal of these land use nonconformities in an equitable, reasonable, and timely manner.

It is hereby declared that nonconforming structures and uses within the city are detrimental to both orderly and planned development and to the general welfare of citizens and property. It is further declared that nonconforming structures and uses shall be eliminated as rapidly as possible without infringing on the constitutional rights of property owners.

For properties which have a nonconforming structure and/or use located in any zone other than residential, the abatement of nonconforming use timelines in subsection (D) of this section shall not take effect until a property within that specific zone transitions to a use identified for that zone. At that point in time, all property owners within that zone shall be notified by the city that the abatement of nonconforming use timelines has started.

B. Nonconforming Structures. A structure which lawfully existed prior to the effective date of this zoning code is a nonconforming structure, and may continue even though the structure fails to conform to the present requirements of the land use district or zone in which it is located. A nonconforming structure may be maintained as follows:

1. A nonconforming structure which is damaged to an extent of 50 percent or more of its replacement value immediately prior to such damage may be restored only if made to conform to all provisions of this zoning code. However, any residential structure(s), including multifamily, in a residential land use district destroyed by a catastrophe, including fire, may be reconstructed up to the original size, placement, and density. However, reconstruction shall commence within two years after the catastrophe.

2. Necessary repairs and desired alterations (not including expansions to nonconforming residential structures in nonresidential zone districts) may be made to a nonconforming residential structure(s), including multifamily, within residential and nonresidential zone districts. Additions or expansions of any size to nonconforming residential structures in residential zone districts may be allowed if the addition or expansion meets all current development standards of the applicable zone district.

3. Necessary repairs and desired alterations to nonconforming single-family residential structures in nonresidential zone districts may be made in compliance with (a) the applicable standards contained in CMC

18.20.040, Residential development standards; and (b) the requirements of subsections (C)(7) and (C)(8) of this section.

4. Reasonable repairs and alterations (not including expansions) may be made to nonconforming commercial, institutional, or industrial structures; provided, that no structural alterations shall be made which would prolong the life of the supporting members of a structure, such as bearing walls, columns, beams, or girders. Structural elements may be modified or repaired only if the building and safety division determines that such modification or repair is immediately necessary to protect the health and safety of the public or occupants of the nonconforming structure or adjacent property and the cost does not exceed 50 percent of the replacement value

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The Calimesa Municipal Code is current through Ordinance 41803, passed June 3, 2024December 1, 2025. of the nonconforming structure. However, improvements required to reinforce nonreinforced masonry structures shall be permitted without replacement cost limitations; provided, that such retrofitting is strictly limited to compliance with earthquake safety standards.

5. Changes to interior partitions or other nonstructural improvements and repairs may be made to a nonconforming commercial, institutional, or industrial structure; provided, that the cost of the desired improvement or repair shall not exceed 50 percent of the replacement value of the nonconforming structure over any consecutive five-year period.

6. The replacement value shall be determined by the planning director. All related costs, including appraisal, shall be the responsibility of the applicant.

7. Any additional development of a parcel with a nonconforming structure will require that all new structures be in conformance with this zoning code.

8. If the use of a nonconforming structure is discontinued for a period of six or more consecutive calendar months, the structure shall lose its nonconforming status, and shall be removed or altered to conform to the provisions of this zoning code. A use of a nonconforming structure shall be considered discontinued when any of the following apply:
a. The intent of the owner to discontinue use of the nonconforming structure is apparent, as determined by the planning director.
b. Where characteristic furnishings and equipment associated with the use have been removed and not replaced with equivalent furnishings and equipment during this time, and where normal occupancy and/or use has been discontinued for a period of six or more consecutive calendar months. c. Where there are no business receipts available for the six-month period.

C. Nonconforming Uses. A nonconforming use is one which lawfully existed prior to the effective date of this zoning code, but which is no longer permitted in the land use district in which it is located. The continuance of a nonconforming use is subject to the following:

1. Change of ownership, tenancy, or management of a nonconforming use shall not affect its nonconforming status; provided, that the use and intensity of use do not change.

2. If a nonconforming use is discontinued for a period of six or more consecutive calendar months, it shall lose its nonconforming status, and the continued use of the property shall be required to conform with the provisions of this zoning code.

3. Additional development of any property on which a nonconforming use exists shall require that all new uses conform to the provisions of this zoning code.

4. If a nonconforming use is converted to a conforming use, the nonconforming use may not thereafter be resumed.

5. No nonconforming use may be established or replaced by another nonconforming use, nor may any nonconforming use be expanded or changed, except as provided in subsections (C)(6) and (7) of this section.

6. A nonconforming use of a portion of a nonconforming commercial or industrial center or complex may be established or replaced by another similar nonconforming use subject to development plan review approval after a noticed public hearing as specified in CMC 18.15.080, Hearings and appeals, and if all of the following findings are made:
a. The nonconforming use is similar to the uses originally allowed in the center or complex. b. The nonconforming use will not adversely affect or be materially detrimental to adjoining properties.

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The Calimesa Municipal Code is current through Ordinance 41803, passed June 3, 2024December 1, 2025. c. The use of the entire center or complex has not been vacant or discontinued for a period of six or more calendar months.

7. Except as further allowed in subsection (C)(8) of this section, an existing nonconforming use or nonconforming structure may be minimally expanded or changed, up to a maximum of 10 percent, subject to development plan review approval, after a noticed public hearing as specified in CMC 18.15.080, and if all of the following findings are made:
a. Such expansion or change is minimal.
b. Such expansion or change will not adversely affect or be materially detrimental to adjoining properties. c. There is a need for relief of overcrowded conditions or for modernization in order to properly operate the use.
d. The use is existing and has not been discontinued for a period of six or more calendar months.

8. Existing nonconforming single-family residential structures and uses may be expanded beyond the 10 percent expansion limitation specified in subsection (C)(7) of this section; provided, that the expansion complies with all applicable standards in CMC 18.20.040, Residential development standards, and the city affirmatively finds the criteria specified in subsections (C)(7)(a) through (d) of this section to be satisfied. In addition, if the nonconforming single-family residential structure is located in the city’s downtown business district, the application shall be subject to (a) the findings for approval specified in subsection (C)(7) of this section; and (b) development plan review approval by the planning commission following a noticed public hearing. The city’s downtown business district is shown on the city’s official zoning map and includes all property along Calimesa Boulevard between Sandalwood Drive and County Line Road. Expansions of nonconforming single-family residential structures and uses located outside the city’s downtown business district shall not be subject to a noticed public hearing and shall be subject to review and approval by the city’s community development director.

D. Abatement of Nonconforming Uses. Nonconforming uses shall be discontinued within the following specified time limits, which such time limit shall commence from the date of written notification by the city to the property owner and any lessee of the nonconforming status of the use:

1. A nonconforming use which does not occupy a structure: five years;

2. The nonconforming use of a conforming structure within any residential land use district: 15 years;

3. The nonconforming use of a conforming structure within any commercial/industrial land use district: 20 years.

The city shall serve written notice by mail of nonconforming status to the property owner in order to trigger the beginning of any amortization period set forth herein. Notwithstanding the time limits within which all other nonconforming uses must be discontinued in accordance with this provision, a residential use in a nonconforming zone district may continue without abatement until such time as the residential use discontinues pursuant to the provisions of subsection (C) of this section.

E. Structure Permits or Certificates of Occupancy Prohibited. When any nonconforming structure or use is no longer allowed pursuant to the provisions of this section, no permit for a structure shall thereafter be issued for further continuance, alteration, or expansion. Any permit issued in error shall not be construed as allowing the continuation of the nonconforming structure or use.

F. Removal of Illegal Nonconforming Structures and Uses. Nothing contained in this section shall be construed or implied so as to allow for the continuation of illegal nonconforming structures and uses. Said structures and uses shall be removed immediately subject to the provisions of CMC 18.15.070, Enforcement, and state law. “Illegal structures and uses” shall mean those structures and uses which did not lawfully exist prior to the effective date of this zoning code and which fail to conform to the present requirements of the land use district or zone district in which they are located.

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G. Nonconforming Use – Time Extension. Prior to the expiration of the abatement period provided in subsection (D) of this section, a written request may be made to the city for an extension of said abatement period on such forms as are provided by the community development director. The applicant shall state sufficient facts in said application to show cause why an extension of said abatement period is necessary for the particular nonconforming use so as to enable the planning commission to consider the factors set forth in this section prior to its determination whether to grant the requested extension. Extension requests shall be heard and considered by the planning commission, and the planning commission shall make its determination after considering all pertinent evidence presented.

The community development director shall accept for filing an application for extension of said abatement period only after the applicant has paid to the city a fee, as established by city council resolution, for defraying the costs of processing said application. [Ord. 342 § 3 (Exh. A), 2016; Ord. 328 § 4 (Exh. B), 2014; Ord. 317 § 2, 2011; Ord. 269 § 2, 2007; Ord. 2000-8 § 2; Ord. 95-7 § 2; Code 1990 § 12.10.12.]

18.15.130 Temporary use permits.

A. Purpose. The temporary use permit allows for uses of private property that are temporary in nature. These provisions place restrictions on the duration of the temporary use, its location, and other development standards. The intent of these regulations is to ensure that the temporary use does not adversely impact the long-term uses of the same or neighboring sites, or impact the general health, safety, and welfare of persons residing within the community. Refer to CMC 18.15.135 for temporary events.

B. Applicability. Except as otherwise provided in this zoning code, the following temporary uses shall require the issuance of a temporary use permit prior to establishment of the use:

1. Real estate offices within approved development projects.

2. Off-site contractors’ construction yards in conjunction with an approved development project. As used herein, the phrase “in conjunction with an approved active development project” means only during such period of time as the development project is actively undergoing construction. Upon completion of construction of the development project or expiration of the building permit (whichever occurs first), the off-site construction yard shall be immediately removed.

3. Trailer, coach, or mobile home as a temporary residence of the property owner when a valid residential building permit is in force. The permit may be granted for up to 180 days, or upon expiration of the building permit, whichever occurs first.

4. Christmas tree and pumpkin sale lots.

5. Outdoor display and sales of merchandise within commercial land use districts, limited to two events per calendar year, not exceeding four consecutive days, including only merchandise customarily sold on the premises by a permanently established business.

C. Exempt Temporary Uses. The following temporary uses are exempt from the permit requirements of this section; provided, that they comply with the development standards listed below.

1. Emergency Facilities. Temporary facilities to accommodate emergency public health and safety needs and activities.

2. Construction Yards – On-Site. Yards and sheds for the storage of materials and equipment used as part of a construction project; provided a valid building permit has been issued and the materials and equipment are stored on the same site as the construction activity. Upon completion of construction of the construction project or expiration of the building permit (whichever occurs first), the on-site construction yard shall be immediately removed.

3. Miscellaneous. Activities conducted on public property or within the public right-of-way that are approved by the city or as otherwise required by the municipal code.

4. Christmas tree sale lots when such sales are in conjunction with an established commercial business holding a valid business license; provided such activity shall only be held from November 1st through December 31st.

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5. Temporary uses which occur in theaters, meeting halls, or other permanent public assembly facilities which do not overflow outside the enclosed facility. Temporary uses may be subject to additional permits, other city department approvals, licenses, and inspections as required by any applicable laws or regulations.

D. Application. Application for a temporary use permit shall be made in accordance with CMC 18.15.020, Application.

E. Review Authority.

1. Director Review. The planning director shall be the designated approving authority for temporary use permits.

2. Other Review Authority. If an application for a temporary use permit is submitted in conjunction with an application for a discretionary permit described in this chapter, the written determination shall be made by the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review.

F. Findings. A temporary use permit may only be approved if all of the following findings can be made.

1. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety.

2. There will be adequate provisions for public access to serve the subject proposal.

3. The proposed use is consistent with the general plan.

4. There will not be significant adverse effects upon environmental quality and natural resources.

G. Conditions of Approval. In approving an application for a temporary use permit, the planning director may impose conditions deemed necessary to ensure that the permit will be in accordance with the findings required by subsection (F) of this section. These conditions may involve any pertinent factors affecting the operation of such temporary use, and may include but are not limited to:

1. Provision for a fixed period not to exceed 90 days for a temporary use not occupying a structure, including promotional activities, or one year for all other uses or structures, or for a shorter period of time as determined by the planning director.

2. Provision for temporary parking facilities, including vehicular ingress and egress.

3. Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination on adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases, and heat.

4. Regulation of temporary structures and facilities, including placement, height, and size, location of equipment and open spaces, including buffer areas and other yards.

5. Provision for sanitary and medical facilities.

6. Provision for solid, hazardous, and toxic waste collection and disposal.

7. Provision for security and safety measures.

8. Regulation of signs.

9. Regulation of operating hours and days.

10. Submission of a performance bond or other surety devices to ensure that the temporary use location is restored to its original condition and any temporary facilities or structures used will be removed from the site

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11. Proof of indemnity or liability insurance naming the city as an additional insured when using city property or public streets.

12. Agreement by the applicant to defend and indemnify the city for any physical injuries, property damages or personal injuries resulting from the approval of the temporary use permit and/or operation of the temporary use authorized by the temporary use permit, when using public property or public streets, in a form satisfactory to the city.

13. Provision for the nontransferability of the temporary use and temporary use permit, including a condition providing that if ownership or occupancy of the property changes, or the temporary use relocates, the existing temporary use permit shall be void and of no effect, and a new permit and review shall be required for the new location and/or property owner.

14. Any other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accordance with the intent and purpose of this section.

H. Condition of Site Following Temporary Use. Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used pursuant to the provisions of this zoning code.

I. Revocation. The planning director may hold a hearing to revoke or modify a temporary use permit. Fifteen days prior to the hearing a notice shall be delivered in writing to the applicant and/or property owner. A temporary use permit may be revoked or modified by the planning director if any one of the following findings can be made:

1. Circumstances have changed so that one or more of the findings of fact contained in subsection (F) of this section can no longer be made and the permittee has not substantially exercised the rights granted by the temporary use permit.

2. The temporary use permit was obtained by misrepresentation or fraud.

3. One or more of the conditions of the temporary use permit have not been met.

4. The use is in violation of any statute, ordinance, law, or regulation in effect at the time of permit issuance. [Ord. 342 § 3 (Exh. A), 2016; Ord. 328 § 4 (Exh. B), 2014; Ord. 95-7 § 2; Code 1990 § 12.10.13.]

18.15.135 Temporary events.

A. Purpose. The following provisions highlight the need for the sponsor of temporary events to obtain all required permits and approvals from the city and other agencies to ensure the safety of the public attending the events.

B. Temporary Events Defined. Temporary events are typically one-time events of no more than three days in length (including annual or recurring events). Examples include fairs, carnivals, rodeos, shows, walking/running and/or bicycling events and races, parades, and seasonal sale of agricultural products (e.g., farmer’s markets).

C. Temporary Events Prohibited. Any temporary event that allows access by the public into or on a temporary structure on residential property by any person is prohibited. For the purposes of this section, “temporary structure” is any enclosed or unenclosed structure requiring the assembly of materials or parts and erected for a period not to exceed 45 consecutive days. This definition excludes tables, chairs, umbrellas, or inflatable objects.

D. Temporary Event Coordination Required. Unless a temporary event is exempt as defined below, the event sponsor shall contact and obtain any required permits from the following departments and agencies:

1. City of Calimesa building and safety division;

2. City of Calimesa public works/engineering department;

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3. Riverside County fire department;

4. Riverside County sheriff’s department;

5. Riverside County department of environmental health.

E. Exempt Temporary Events. The following temporary events are exempt from the requirements of this section, unless they require approval from any of the departments or agencies listed in subsection (D) of this section.

1. Temporary facilities to accommodate emergency public health and safety needs and activities.

2. Noncommercial events conducted at private homes (weddings, parties, etc.), which do not involve the construction of temporary structures in the front yard.

3. Yard or garage sales, or holiday displays.

4. Promotional events and grand opening celebrations in established commercial shopping centers that do not interfere with vehicular traffic on public or private streets and driveways, do not disrupt the proper functioning of parking areas, do not involve the outdoor sale of goods and merchandise, and do not exceed three days in duration.

5. Temporary events which occur in theaters, meeting halls, or other permanent public assembly facilities which do not overflow outside the enclosed facility. Temporary events may be subject to additional permits, other city department approvals, licenses, and inspections as required by any applicable laws or regulations.

F. Temporary Event Standards. Temporary events must comply with the following standards:

1. Each temporary event shall be no more than three consecutive days in length.

2. All parking spaces for patrons and guests shall be provided on site where the activity is taking place. Onstreet or off-site parking may be used in lieu of on-site parking if approved by the city.

3. Vehicular access to the event site shall not create traffic conflicts or congestion on city streets or preclude access to any other private property during the operation of the event.

4. Noise created by the event shall not exceed the levels outlined by the city of Calimesa noise ordinance.

5. The concentration of persons, animals, structures, or vehicles shall not interfere with emergency access.

G. Limitation. The maximum number of temporary events shall be four times in each calendar year at a location, with a minimum of 30 calendar days between each event.

H. Plans. The applicant shall submit plans to the review authority for signs, solid, hazardous and toxic waste collection and disposal; for safety and security measures; and for sanitary and medical facilities.

I. Bond, Insurance and Indemnity.

1. The city may require a sponsor of a temporary event to post a bond or other financial security, in a form satisfactory to the city, to ensure that the event location is restored to its original condition and that the city is fully reimbursed for any unanticipated law enforcement or emergency medical expenses. The city shall determine the amount of the bond or other security, and the event sponsor shall post it with the permitting authority.

2. The city may require that the sponsor of a temporary event show proof of indemnity or liability insurance naming the city as an additional insured when using public property or public streets, and may also require the applicant to agree in writing to defend, indemnify and hold harmless the city from any physical injuries, property damages or personal injuries resulting from or arising out of the operation of the temporary event when using public property or public streets, in a form satisfactory to the city.

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J. Condition of Site Following Temporary Use. Each site occupied by a temporary event shall be left free of debris, litter, or any other evidence of the temporary event upon completion or removal of the event, and shall thereafter be used pursuant to the provisions of this zoning code.

K. Nontransferability. A temporary event permit is nontransferable.

L. Additional Conditions. The review authority may impose such other conditions to require that the operation of the temporary event will be carried out in an orderly and efficient manner and in accordance with the intent and purpose of this section.

M. Enforcement. The city may require the immediate closure of any nonexempt event which is operating without the required approvals and/or permits from the city or any other public agency or does not meet the standards of this section. The city may also pursue any other civil or criminal remedy available under CMC 18.15.070 and any other provision of this code or state or federal law to remedy any violation of this section or any approval issued pursuant to this section. [Ord. 342 § 3 (Exh. A), 2016.]

18.15.140 Variances.

A. Purpose. These provisions shall ensure the following:

1. Variances from the terms of this zoning code shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of this zoning code deprives such property of privileges enjoyed by other property in the vicinity and under identical land use district classification.

2. Any variance granted shall be subject to such conditions as will ensure that the adjustment thereby authorized shall not constitute a grant of special privilege(s) inconsistent with the limitations upon other properties in the vicinity and land use district in which such property is situated.

3. The power to grant variances does not extend to use regulations. Flexibility in use regulations is provided in the conditional use permit provisions of this zoning code.

B. Application. Application for a variance shall be filed in a manner consistent with the requirements contained in CMC 18.15.020, Application.

C. Applicability. The planning commission may grant a variance from the requirements of this zoning code governing only as to the following:

1. Permit the modification of the dimensional standards of the following:
a. Lot area;
b. Lot coverage;
c. Lot dimensions;
d. Setbacks;
e. Structure heights.

2. Permit the modification of sign regulations.

3. Permit the modification of the number and dimensions of parking areas or loading space requirements.

D. Hearings and Notice. Upon receipt in proper form of a variance application, a public hearing shall be set and notice of such hearing given in a manner consistent with CMC 18.15.080, Hearings and appeals.

E. Findings. Following a public hearing, the commission shall record the decision in writing and shall recite therein the findings upon which such decision is based, pursuant to Section 65906 of the Government Code. The

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1. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, such that the strict application of this zoning code deprives such property of privileges enjoyed by other property in the vicinity and under identical land use district classification.

2. Granting the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and land use district and denied to the property for which the variance is sought.

3. Granting the variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and land use district in which the property is located.

4. Granting the variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which such property is located.

5. Granting the variance does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel.

6. Granting the variance will not be inconsistent with the general plan.

F. No Precedents. The granting of a prior variance shall have no precedential value in the city’s consideration of a new variance application on the same property or any other property in the city, and shall not be admissible evidence when considering an application for the granting of a new variance on the same or different property in the city.

G. Burden of Proof. The burden of proof to establish the evidence in support of the findings, as required by subsection (E) of this section, is the responsibility of the applicant.

H. Expiration and Automatic Extensions.

1. Expiration. Except as provided in subsection (H)(2), (H)(3) or (H)(4) of this section, a variance shall be used within one year from the date of approval, or the variance shall become null and void. The term “used” shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under the terms of the authorized use.

2. First Automatic Extension – 2009. The expiration date of all variance approvals that have either not expired by October 9, 2009, or that are subsequently approved prior to January 1, 2012, shall be automatically extended by 24 months. This automatic extension provision shall not apply to any variance approval that is granted on or after January 1, 2012.

3. Second Automatic Extension – 2011. The expiration date of all variance approvals that have either not expired by October 9, 2011, or that are subsequently approved prior to January 1, 2014, shall be automatically extended by 24 months. This automatic extension provision shall not apply to any variance approval that is granted on or after January 1, 2014.

4. Third Automatic Extension – 2013. Except as provided in this subsection (H)(4), the expiration date of variances that were approved on or after January 1, 2000, and that have not expired on or before July 1, 2013, shall be automatically extended by 24 months. This automatic extension provision shall not apply to any variance that is granted on or after July 11, 2013. This automatic extension shall also not apply to any variance if the use or development for which the variance was granted had ceased or was suspended for more than one year.

5. Fourth Automatic Extension – 2020. Except as provided in this subsection (H)(5), the expiration date of all variance approvals that have either not expired by June 15, 2020, or that are subsequently approved prior to January 1, 2021, shall be automatically extended by 12 months. This automatic extension provision shall not apply to any variance approval that is granted on or after January 1, 2021.

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I. Time Extension. The commission may, upon an application being filed 30 days prior to expiration and for good cause, grant a one-time extension not to exceed 12 months. Upon granting of an extension, the commission shall ensure that the variance complies with all current zoning code provisions.

J. Use of Property Before Final Decision. No permit shall be issued for any use involved in an application for approval of a variance until, and unless, the same shall have become final, pursuant to CMC 18.15.080(F), Effective Date of Decision.

K. Revocation. The commission may hold a public hearing to revoke or modify a variance granted pursuant to the provisions of this section. Ten days prior to the public hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which such variance was granted.

A variance may be revoked or modified by the commission if any one of the following findings can be made:

1. Circumstances have changed so that one or more of the findings contained in subsection (E) of this section can no longer be made, and the grantee has not substantially exercised the rights granted by the variance.

2. The variance was obtained by misrepresentation or fraud.

3. The improvement authorized pursuant to the variance had ceased or was suspended for six or more consecutive calendar months.

4. One or more of the conditions of the variance have not been met, and the grantee has not substantially exercised the rights granted by the variance.

5. The improvement authorized pursuant to the variance is in violation of any statute, ordinance, law, or regulation in effect at the time of approval of the variance.

6. The improvement permitted by the variance is detrimental to the public health, safety, or welfare or constitutes a nuisance.

L. Appeals. Appeal of the written determination shall be made in accordance with CMC 18.15.080, Hearings and appeals. [Ord. 372-U § 4, 2020; Ord. 342 § 3 (Exh. A), 2016; Ord. 328 § 4 (Exh. B), 2014; Ord. 318 § 4, 2011; Ord. 293 § 5, 2009; Ord. 95-7 § 2; Code 1990 § 12.10.14.]

18.15.150 Zone change.

A. General. Whenever the public necessity, convenience, general welfare, good zoning practice, or the policies set forth in the general plan justify such action, this zoning code may be amended by changing the boundaries of zone districts.

Zone changes may be initiated by the city council, the planning commission, or by application of the property owner or other person having a legal or equitable interest in the property that is the subject of the zone change or by that person’s authorized agent.

B. Application. Application for a zone change shall be filed in a manner consistent with the requirements contained in CMC 18.15.020, Application.

C. Hearings and Notice. Upon receipt in proper form of a zone change application, or upon direction of the planning commission or city council, and following department review, hearings shall be set before the commission and city council. Notice of the hearings shall be given pursuant to the requirements of CMC 18.15.080, Hearings and appeals.

D. Planning Commission Action. The planning commission shall hold at least one public hearing and shall make a recommendation of approval, denial, or modified approval to the city council. A recommendation of approval or modified approval shall be based on the findings in subsection (F) of this section.

E. City Council Action.

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1. Upon receipt of the recommendation of the commission for approval, the city council shall hold a public hearing. If the commission has recommended against adoption of such amendment, the city council shall not be required to take any further action thereon unless the applicant files a written appeal with the city clerk within five days after the commission files its recommendations with the city council.

2. Notice of time and place of hearing shall be given pursuant to CMC 18.15.080, Hearings and appeals.

3. The city council may approve, modify, or deny the recommendation of the commission; provided, that any modification of the proposed change of zone by the city council shall first be referred to the commission for report and recommendation, but the commission shall not be required to hold a public hearing thereon.

4. Failure of the commission to report within 40 days after the referral, or such longer period as may be designated by the city council, shall be deemed to be approval of the proposed modification.

F. Findings. A zone change may be adopted only if the following findings are made:

1. The proposed zone change is consistent with the general plan or any amendment approved concurrently with the zone change;

2. The proposed zone change would not be detrimental to the public interest, health, safety, convenience, or welfare of the city;

3. The proposed zone change would not affect the surrounding area or community in general;

4. The proposed zone change is in conformance with the purpose of this section and with all applicable, officially adopted policies and plans; and

5. Adequate public facilities, including but not limited to sewer and water lines, utilities, drainage facilities, police and fire protection, vehicular circulation, and school facilities, will be available to serve the area affected by the proposed zone change when development occurs.

G. Prezoning. An unincorporated area may be prezoned to determine the zoning that will apply in the event of subsequent annexation to the city. Procedures for initiation are the same as for property rezoning.

H. Interim Zoning.

1. Without following the procedures otherwise required prior to the adoption of a zoning ordinance, the city council, to protect the public safety, health, and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses which may be in conflict with a contemplated general plan, specific plan, or zoning proposal which the city council, planning commission, or planning department is considering or studying or intends to study within a reasonable time. Such urgency measure shall require four-fifths vote of the city council for adoption. Such interim ordinance shall be of no further force and effect 45 days from the date of adoption; provided, however, that after notice pursuant to Government Code Section 65090 and public hearing, the city council may extend the interim ordinance for 10 months and 15 days and subsequently extend the interim ordinance for one year. Any extension shall also require a four-fifths vote for adoption. Not more than two extensions may be adopted.

2. Alternatively, an interim ordinance may be adopted by a four-fifths vote following notice pursuant to Government Code Section 65090 and public hearing, in which case it shall be of no further force and effect 45 days from its date of adoption. After notice pursuant to Section 65090 and public hearing, the city council may by a four-fifths vote extend the interim ordinance for 22 months and 15 days.

3. The city council shall not adopt or extend any interim ordinance pursuant to this section unless the ordinance contains a finding that there is a current and immediate threat to the public health, safety, or welfare and that the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in a threat to public health, safety, or welfare.

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4. Ten days prior to the expiration of an interim ordinance or any extension, the city council shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance.

5. When an interim ordinance has been adopted, every subsequent ordinance adopted pursuant to this section, covering the whole or a part of the same property, shall automatically terminate and be of no further force or effect upon the termination of the first interim ordinance or any extension of the ordinance as provided in this section. [Ord. 342 § 3 (Exh. A), 2016; Ord. 328 § 4 (Exh. B), 2014; Ord. 95-7 § 2; Code 1990 § 12.10.15.]

18.15.160 Reasonable accommodation.

A. Purpose and Intent. This section provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the federal Fair Housing Act and the California Fair Employment and Housing Act (together, the acts) in the application of zoning laws and other land use regulations, policies, and procedures.

B. Applicability.

1. A request for reasonable accommodation may be made by any person with a disability, their representative, or any entity, when the application of a requirement of this zoning code or other city requirement, policy, or practice acts as a barrier to fair housing opportunities. For purposes of this section, a “person with disability” shall be as defined in the acts.

2. A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

3. A reasonable accommodation is granted to the household that needs the accommodation and does not apply to successors in interest to the site.

4. A reasonable accommodation may be granted in compliance with this section without the need for the approval of a variance.

C. Procedure.

1. Applicant. A request for reasonable accommodation may be made by any person with a disability, their representative, or a developer or provider of housing for individuals with a disability. A reasonable accommodation may be approved only for the benefit of one or more individuals with a disability.

2. Application. An application for a reasonable accommodation from a zoning regulation, policy, or practice shall be made on a form specified by the planning director or theirhis/her designee. No fee shall be required for a request for reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for all other discretionary permits.

3. Other discretionary permits. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, then the applicant may file the request for reasonable accommodation together with the application for the other discretionary permit or approval. The processing procedures of the discretionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit. A variance is not required for the reasonable accommodation, however, if the project includes a separate request to deviate from city standards unrelated to the accommodation, a variance application may be required.

4. Required submittals. In addition to materials required under other applicable provisions of this code, an application for reasonable accommodation shall include the following:
a. Documentation that the applicant is:
i. An individual with a disability;

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b. Documentation that the specific exception or modification requested by the applicant is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence; and c. Any other information that the director reasonably concludes is necessary to determine whether the findings required by this section to approve a reasonable accommodation, so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individuals affected.

1. Application. A request for reasonable accommodation shall be submitted on an application form provided by the planning department., consistent with applicable law

2. Review with Other Land Use Applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval, the applicant shall file the information required for application of the reasonable accommodation for concurrent review with the application for discretionary approval.

D. Review Authority.

1. Director. The community development director, or theirhis/her designee, is hereby designated to grant, grant with modification, or deny a request for reasonable accommodation.

2. Other Review Authority. A request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application.

E. Review.

1. Director Review. The community development director, or theirhis/her designee, shall make a written determination within 45 30 days of the application being deemed complete and either grant, grant with modification, or deny a request for reasonable accommodation. The written determination shall set forth applicable findings and any conditions of approval. A notice of the written determination and any conditions of approval shall be mailed to the applicant at the address shown on the application.

2. Other Review Authority. The written determination on whether to grant, grant with modification, or deny the request for reasonable accommodation shall be made by the authority responsible for reviewing the concurrent discretionary land use application in compliance with the applicable review procedure for the discretionary review. The written determination shall set forth applicable findings and any conditions of approval. A notice of the written determination and any conditions of approval shall be mailed to the applicant at the address shown on the application.

F. Findings. The written decision to grant, grant with modification, or deny a request for reasonable accommodation will be consistent with the acts and shall be based on the following findings, all of which are required for approval:

1. The accommodation is requested by or on behalf of one or more persons considered disabled under the acts.

2. The requested accommodation is necessary to provide one or more individuals considered disabled under the acts an equal opportunity to use and enjoy a residence.

3. The requested accommodation will not impose an undue financial or administrative burden on the city.

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Calimesa Municipal Code
Chapter 18.15 ADMINISTRATIVE PROVISIONS

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

4. The requested accommodation will not require a fundamental alteration in the nature of a city program or law as "fundamental alteration" is defined in fair housing laws and interpretive case law, including but not limited to land use and zoning.

5. The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.

G. Considerations.

1. In determining whether the requested accommodation is necessary to provide one or more disabled persons an equal opportunity to use and enjoy a residence, pursuant to subsection (F)(2) of this section, the city may consider, but not be limited to, the following factors:
a. Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals considered disabled under the acts.
b. Whether the individual(s) with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation.
c. Whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants. d. Whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in the city. e. Whether other reasonable accommodations are available that may provide an equivalent level of benefit.

2. In determining whether the requested accommodation would require a fundamental alteration in the nature of a city program or law, pursuant to subsection (F)(4) of this section, the city may consider, but not be limited to, the following factors:
a. Whether the requested accommodation would fundamentally alter the character of the neighborhood. ba. Whether the requested accommodation would result in a substantial increase in traffic or insufficient parking.
cb. Whether granting the requested accommodation would substantially undermine any express purpose of either the city’s general plan or an applicable specific plan or other similar regulatory document. d. Whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.

H. Conditions of Approval. In granting a request for reasonable accommodation, the review authority may impose any reasonable conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings.

I. Expiration and Extension.

1. Expiration. Any reasonable accommodation approved in accordance with the terms of this section shall expire 12 months from the effective date of approval, or at an alternative time specified as a condition of approval, unless:
a. A building permit has been issued and substantial construction has commenced, which construction must thereafter be pursued diligently to completion; or b. A certificate of occupancy has been issued; or
c. The right granted by the accommodation has been exercised; or

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