Wildomar City Council
December 9, 2024

1.2 PROJECT CHARACTERISTICS

1.2.1 Project Location
The City of Wildomar is in southwestern Riverside County, California, and is bordered by the City of Lake Elsinore to the north and northwest, unincorporated Riverside County to the west, City of Murrieta to the south, and City of Menifee to the east. Interstate and regional access to the City is provided by Interstate 15 (I15), which runs in a general north-south direction through the City.

1.2.2 Project Description
Project Summary
When the City incorporated in 2008, it adopted Riverside County’s General Plan. The project is an update to the City’s General Plan, which will be the first City-specific General Plan for Wildomar. The General Plan is a state-required land use planning document that provides guidance to decision-makers regarding the allocation of resources and the future physical form, location, and character of development in the City. It is the City’s official and overarching policy statement regarding the extent and types of development needed to achieve the community’s physical, economic, social, and environmental goals. Although the General Plan is composed of individual sections, or “elements,” that individually address a specific area of concern, it embodies a comprehensive and integrated planning approach for the jurisdiction.

Proposed General Plan and Buildout
The proposed project includes the following elements that address all the required topics in state law, as well as one additional topical of local importance:
 Land Use
 Circulation
 Recreation and Community Services
 Open Space and Conservation
 Noise
 Economic Development
 Climate Action Memorandum
 Housing and Safety Elements (previously
adopted in 2021; the Safety Element includes
minor revisions as listed in the Final EIR
document)
Rather than a separate element, Environmental Justice policies are embedded throughout relevant elements of the Proposed General Plan.

Buildout projections shown in Table 1-1, Buildout Statistical Summary, compares the existing conditions with the buildout envisioned under the proposed project. The proposed project would result in a net increase of 8,992 units, 27,999 residents, 2,965,538 square feet of non-residential uses, and 6,274 jobs. 2839

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Table 1-1 Buildout Statistical Summary
Dwelling Units Population
Non-Residential
Square Footage Employment
Existing 11,988 37,326 2,992,377 5,841
Proposed General Plan 20,980 65,325 5,957,915 12,115
Net Change 8,992 27,999 2,965,538 6,274
Source: City of Wildomar and PlaceWorks 2023

1.3 ENVIRONMENTAL IMPACTS

1.3.1 Impacts Considered Less Than Significant
The EIR identified various thresholds from the California Environmental Quality Act (CEQA) Guidelines in a number of environmental categories that would not be significantly impacted by the proposed project and therefore did not require mitigation. Impacts to the following were found to be less than significant:
 Aesthetics
 Energy
 Hydrology and Water Quality
 Land Use and Planning
 Population and Housing
 Public Services
 Recreation
 Utilities and Service Systems

1.3.2 Potentially Significant Adverse Impacts That Can Be Mitigated, Avoided, or Substantially Lessened
 Geology and Soils
 Hazards and Hazardous Materials
 Mineral Resources
 Tribal Cultural Resources
 Wildfire

1.3.3 Significant and Unavoidable Impacts
 Agriculture and Forestry Resources
 Air Quality
 Biological Resources
 Cultural Resources
 Greenhouse Gas Emissions
 Noise
 Transportation
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2. Mitigation Monitoring Process

2.1 MITIGATION MONITORING PROGRAM ORGANIZATION
Overall MMRP management is the responsibility of the City of Wildomar. The City’s technical consultants (CEQA consultant, etc.) may perform related monitoring tasks under the direction of the environmental monitor (i.e., the qualified/professional expert in charge of monitoring and/or implementing mitigation) if they are contracted by the City.

2.2 CITY OF WILDOMAR
As the lead agency, the City is responsible for the review of all monitoring reports, enforcement actions, and document disposition. The City will rely on information provided by individual monitors (e.g., CEQA consultant, etc.) as accurate and up to date, and will field check mitigation measure status, as required.

2.3 MITIGATION MONITORING TEAM
The mitigation monitoring team, consisting of the designated Project Manager (e.g., Community Development Director) and Technical Consultants (CEQA consultant, etc.) are responsible for monitoring implementation and compliance with all adopted mitigation measures and conditions of approval. A major portion of the team’s work will entail in-field monitoring and compliance report preparation. Implementation disputes are brought to the Project Manager, and any appeals would go to the City Manager and ultimately the City Council.

2.3.1 Monitoring Team
The following summarizes key positions in the MMRP and their respective functions:
 Project Manager: Responsible for coordination of mitigation monitoring team, technical consultants, report preparation, and overall program administration and document/report clearinghouse.  Construction Contractor: Responsible for coordination of mitigation monitoring team; technical consultants; report preparation; and implementation the monitoring program, including overall program administration, document/report clearinghouse, and first phase of dispute resolution.  Technical Consultants: Responsible for monitoring in respective areas of expertise (CEQA consultant, project engineer, noise analyst/specialist). Report directly to the Project Manager.

2.3.2 Recognized Experts
The use of recognized experts on the monitoring team is required to ensure compliance with scientific and engineering mitigation measures. The mitigation monitoring team’s recognized experts assess compliance with 2842

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2. Mitigation Monitoring Process

required mitigation measures, and recognized experts from responsible agencies consult with the Project Manager regarding disputes.

2.4 DISPUTE RESOLUTION
If the monitoring team determines that a mitigation measure, in the opinion of the monitor, has not been implemented or has not been implemented correctly, the problem will be brought before the Project Manager for resolution. The decision of the Project Manager is final unless appealed to the City Manager. The Project Manager will have the authority to issue stop-work order until the dispute is resolved.

2.5 ENFORCEMENT
Public agencies may enforce conditions of approval through their existing police power, using stop-work orders, fines, infraction citations, revocation of approval/permits, or in some cases, notice of violation for tax purposes.
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3. Mitigation Monitoring Requirements

3.1 PREMONITORING MEETING
A pre-monitoring meeting will be scheduled to review mitigation measures, implementation requirements, schedule conformance, and mitigation monitoring team responsibilities. At such meetings, the monitoring team rules are established, the entire mitigation monitoring program is presented, and any misunderstandings are resolved.

3.2 CATEGORIZED MITIGATION MEASURES/MATRIX
Project-specific mitigation measures have been categorized in matrix format, as shown in Table 3-1, Mitigation Monitoring Requirements. The matrix identifies the environmental factor, specific mitigation measures, schedule, and responsible monitor. The mitigation matrix will serve as the basis for scheduling the implementation of, and compliance with, all mitigation measures.

3.3 IN-FIELD MONITORING
Project monitors and technical subconsultants shall exercise caution and professional practices at all times when monitoring implementation of mitigation measures. Protective wear (e.g., hard hat, glasses) shall be worn at all times in construction areas. Injuries shall be immediately reported to the mitigation monitoring team.

3.4 DATABASE MANAGEMENT
All mitigation monitoring reports, letters, and memos shall be prepared utilizing electronic software, such as Microsoft Word, Adobe, etc.

3.5 COORDINATION WITH CONTRACTORS
The construction manager is responsible for coordination of contractors and for contractor completion of required mitigation measures.

3.6 LONG-TERM MONITORING
Long-term monitoring related to several mitigation measures will be required, including review of project plans to ensure compliance with the most recent versions of the California Building Code and California Fire Code.

Post-construction fire inspections are conducted on a routine basis by the City of Wildomar Fire Department. 2844

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Table 3-1 Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)

AGRICULTURAL AND FORESTRY RESOURCES
AG-1 Prior to approval of any development permit on land considered prime, of statewide significance, or unique, the City shall require the following:

1. Completion of the California Department of Conservation Land Evaluation & Site Assessment Model. If the model score is 39 points or less, conversion of the land is not significant, and no further mitigation is required. If the model score is between 40 and 79 points, conversion of the land to urban uses may be significant but will depend on the results of the model. A LESA model score of 80 or greater identifies the conversion as significant and will require mitigation.

2. If the LESA model results determine that conversion of the land to urban uses is a significant impact, the development shall be conditioned to provide either an agricultural easement on existing farmland with a similar or greater LESA model score, or the creation of new agricultural land and easement at a 1:1 ratio.

Future Project
Applicants
Prior to Approval of
Any Development
Permit on Land
Considered Prime, of
Statewide
Significance, or
Unique
City of Wildomar
Community
Development
Department

AIR QUALITY
AQ-1 Prior to discretionary approval by the City of Wildomar for development projects subject to CEQA (California Environmental Quality Act) review (i.e., nonexempt projects), project applicants shall prepare and submit a technical assessment evaluating potential project construction-related air quality impacts to the City of Wildomar Planning Department for review and approval. The evaluation shall be prepared in conformance with the South Coast Air Quality Management District (South Coast AQMD) methodology for assessing air quality impacts.

Specifically, project applicants of discretionary projects within 1,000 feet of sensitive land uses (e.g., residences, schools, day care facilities, and nursing homes, etc.), as measured from the property line of the project site, that utilize off-road equipment of 50 horsepower or more, and that occur for more than 2 months of active construction (i.e., exclusive of interior renovations) shall prepare a construction health risk assessment (HRA) in accordance with policies and procedures of the South Coast AQMD. If the construction HRA shows that the incremental cancer risk exceeds 10 in a million, the appropriate noncancer hazard index exceeds 1.0, or the thresholds as determined by the South Coast AQMD, then the project applicant shall identify and demonstrate measures, such as those listed below, that can reduce potential cancer and noncancer risks to an acceptable level.

Future Project
Applicants
Prior to Discretionary
Approval
City of Wildomar
Community
Development
Department
I
I
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Table 3-1 Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
If construction-related criteria air pollutants are determined to have the potential to exceed the South Coast AQMD–adopted thresholds of significance, the City of Wildomar Building & Safety department shall require feasible mitigation measures to reduce air quality emissions. Potential measures shall be incorporated as conditions of approval for a project and may include, but are not limited to the following:
 Require fugitive dust control measures that exceed South Coast Air Quality Management District’s Rule 403, such as:
- Requiring use of nontoxic soil stabilizers to reduce wind erosion. - Applying water every four hours to active soil disturbing activities. - Tarping and/or maintaining a minimum of 24 inches of freeboard on trucks hauling dirt, sand, soil, or other loose materials.
 Using construction equipment rated by the United States Environmental Protection Agency as having Tier 4 interim or higher exhaust emission limits.  Ensuring construction equipment is properly serviced and maintained to the manufacturer’s standards.
 Limiting nonessential idling of construction equipment to no more than five consecutive minutes.
 Using Super-Compliant VOC paints for coating of architectural surfaces whenever possible. A list of Super-Compliant architectural coating manufactures can be found on the South Coast Air Quality Management District’s website at:
https://www.aqmd.gov/home/rules-compliance/compliance/vocs/architecturalcoatings/super-compliant-coatings.

These identified measures shall be incorporated into all appropriate construction documents (e.g., construction management plans) submitted to the City and shall be verified by the City’s Planning Department.

AQ-2 Prior to discretionary approval by the City of Wildomar for development projects subject to CEQA (California Environmental Quality Act) review (i.e., nonexempt projects), project applicants shall prepare and submit a technical assessment evaluating potential project operation-phase-related air quality impacts to the City of Wildomar Planning Department for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (South Coast AQMD) methodology in assessing air quality impacts. If operation-related air pollutants are determined to have the potential to exceed the South Coast AQMD– Future Project
Applicants
During Plan Check
and Prior to
Discretionary
Approval
City of Wildomar
Community
Development
Department
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Table 3-1 Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
adopted thresholds of significance, the City of Wildomar Planning Department shall require that applicants for new development projects incorporate mitigation measures to reduce air pollutant emissions during operational activities. The identified measures shall be included as part of the conditions of approval.

Possible mitigation measures to reduce long-term emissions could include, but are not limited to the following:
 For site-specific development that requires refrigerated vehicles, the construction documents shall demonstrate an adequate number of electrical service connections at loading docks for plug-in of the anticipated number of refrigerated trailers to reduce idling time and emissions.
 Applicants for manufacturing and light industrial uses shall consider energy storage and combined heat and power in appropriate applications to optimize renewable energy generation systems and avoid peak energy use.  Site-specific developments with truck delivery and loading areas and truck parking spaces shall include signage as a reminder to limit idling of vehicles while parked for loading/unloading in accordance with California Air Resources Board Rule 2845 (13 CCR Chapter 10 § 2485).
 Provide bicycle parking facilities per the Nonresidential Voluntary Measures and Residential Voluntary Measures of CALGreen.
 Provide facilities to support electric charging infrastructure per the Nonresidential Voluntary Measures and Residential Voluntary Measures of CALGreen.  Applicant-provided appliances shall be Energy Star–certified appliances or appliances of equivalent energy efficiency (e.g., dishwashers, refrigerators, clothes washers, and dryers). Installation of Energy Star–certified or equivalent appliances shall be verified by the City during plan check.

AQ-3 Industrial and Warehouse Development Health Risk Assessments. Prior to discretionary approval by the City of Wildomar, project applicants for new industrial or warehousing development projects that 1) have the potential to generate 100 or more diesel truck trips per day or have 40 or more trucks with operating diesel-powered transport refrigeration units, and 2) are within 1,000 feet of a sensitive land use (e.g., residential, schools, hospitals, nursing homes), as measured from the property line of the project to the property line of the nearest sensitive use, shall submit an operational health risk assessment (HRA) to the City of Wildomar Planning Department for review and approval. The HRA shall be prepared in accordance with policies and procedures Future Project
Applicants
Prior to Discretionary
Approval for
Industrial and
Warehouse
Developments
City of Wildomar
Community
Development
Department
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Table 3-1 Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
of the state Office of Environmental Health Hazard Assessment and the South Coast AQMD. If the HRA shows that the incremental cancer risk and/or noncancer hazard index exceeds the respective threshold, as established by the South Coast AQMD at the time a project is considered, the project applicant will be required to identify best available control technologies for toxics (T BACTs) and appropriate enforcement mechanisms and demonstrate that they are capable of reducing potential cancer and noncancer risks to an acceptable level. T-BACTs may include but are not limited to restricting idling on-site or electrifying warehousing docks to reduce diesel particulate matter, or requiring use of newer equipment and/or vehicles. T-BACTs identified in the HRA shall be identified as mitigation measures in the environmental document and/or incorporated into the site plan.

BIOLOGICAL RESOURCES
BIO-1 If an action may adversely impact biological resources, a qualified biologist or their trained designee shall conduct mandatory worker environmental awareness training for all parties involved with implementation of the action (e.g., contractors and work crews), prior to the start of construction, to aid the parties in recognizing special-status species and other sensitive biological resources that may occur within the area of the proposed action. The training shall include identification of the special-status species with potential to occur and their habitats, a description of the regulatory status of sensitive resources, and review of the impact limits, location of environmentally sensitive areas, and measures required to reduce impacts to avoided onsite and offsite biological resources.

Future Project
Applicants and
Qualified Biologist
Prior to the Start of
Construction
City of Wildomar
Community
Development
Department
BIO-2 If an action has potential to inadvertently impact avoided onsite or offsite biological resources, appropriate measures shall be developed and implemented prior to the start of ground disturbing activities to ensure all impacts occur only in the area of the proposed action. Appropriate measures may include control of sediment, erosion, and hazardous materials; demarcation of action area prior to implementation and maintenance of demarcation through the duration of implementation; and measures to ensure all actions that have potential to impact biological resources stay within the demarcated limits.

Future Project
Applicants and
Qualified Biologist
Prior to the Start of
Ground-Disturbing
Activities
City of Wildomar
Community
Development
Department
I
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Table 3-1 Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
BIO-3 If an action has potential to adversely impact amphibian species (e.g., may impact potential habitat for amphibians or may otherwise result in disturbance to amphibians from noise, light, or some other potentially disturbing activity), prior to the start of ground-disturbing activities, determine if a project falls within the mapped survey area for amphibian species (arroyo toad, California red-legged frog, and mountain yellowlegged frog [Rana muscosa]) and if suitable habitat is present, then focused surveys shall be required prior to ground-disturbing activities and the results shall be included in the habitat assessment. Focused surveys shall be conducted in accordance with accepted survey protocols for the arroyo toad, California red-legged frog, and mountain yellow-legged frog (USFWS Survey Protocol for the Arroyo Toad [1999], USFWS Revised Guidance on Site Assessments and Field Surveys for the California RedLegged Frog [2005], and MSHCP Mountain Yellow-Legged Frog Survey Protocol). If a project is not located within an amphibian survey area, a statement to this effect shall be included in the and the results shall be included in the habitat assessment and no further action is required. If it is determined in the habitat assessment prepared by a qualified biologist that there is no potential habitat for amphibian species to occur within a project site, a conclusion that no suitable habitat is present on the site supported with solid evidence and no other measures are recommended shall be provided to the project applicant and the City of Wildomar Community Development Department. If conditions or circumstances change after the environmental analysis is conducted and prior to ground-disturbing activities associated with the action, then the validity of the results shall be confirmed, or an updated environmental analysis shall be conducted prior to impacting a project site.

If amphibian species are identified within a project site and a project cannot avoid (permanent or temporary) at least 90 percent of the occupied portion of the property that contributes to the long-term conservation value of the species, a DBESP shall be required. A justification by a qualified biologist regarding how the 90 percent and 10 percent determinations were made is required and shall be included in the DBESP.

Refer to Figure 5.4-8, Flow Chart to Guide Special-Status Wildlife (Amphibians) Recommendations.

Future Project
Applicants and
Qualified Biologist
Prior to the Start of
Ground-Disturbing
Activities
City of Wildomar
Community
Development
Department
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Table 3-1 Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
BIO-4 If an action has potential to adversely impact the burrowing owl (Athene cunicularia) (e.g., may impact potential habitat or may otherwise result in disturbance to burrowing owls from noise, light, or some other potentially disturbing activity), prior to the start of ground-disturbing activities, determine if a project falls within the mapped (designated) survey area for the burrowing owl and if suitable habitat is present, then focused surveys shall be required prior to ground-disturbing activities and the results shall be included in the habitat assessment. Focused surveys shall be conducted in accordance with the MSHCP Burrowing Owl Survey Instructions and during the breeding season (survey window is March 1-August 31). If a project is not located within the burrowing owl survey area, include a statement to this effect and no further action is required. If it is determined in the habitat assessment prepared by a qualified biologist that there is no potential habitat for burrowing owls to occur within a project site, a conclusion that no suitable habitat is present on the site supported with solid evidence and no other measures are recommended shall be provided to the project applicant and the City of Wildomar Community Development Department. If conditions or circumstances change after the environmental analysis is conducted and prior to ground-disturbing activities associated with the action, then the validity of the results shall be confirmed, or an updated environmental analysis shall be conducted prior to impacting a project site.

If burrowing owls are not found during focused surveys, documentation prepared by a qualified biologist shall include a written commitment to conduct pre-construction surveys for the burrowing owl in areas of suitable habitat no more than 30 days prior to the initiation of ground disturbance (e.g., vegetation clearing, clearing and grubbing, tree removal, site watering, equipment staging, grading, etc.) to ensure that no owls have colonized the site in the days or weeks preceding the ground-disturbing activities. If burrowing owls have colonized a project site prior to the initiation of ground-disturbing activities, the project proponent shall immediately inform the Regional Conservation Authority (RCA) and the Wildlife Agencies, such as the California Department of Fish and Wildlife, and will need to coordinate further with RCA and the Wildlife Agencies, including the possibility of preparing and getting approval of a Burrowing Owl Protection and Relocation Plan, prior to initiating ground disturbance. If ground-disturbing activities occur, but the site is left undisturbed for more than 30 days, a pre-construction survey will be required again to ensure Future Project
Applicants and
Qualified Biologist
Prior to the Start of
Ground-Disturbing
Activities
City of Wildomar
Community
Development
Department
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Table 3-1 Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
burrowing owl has not colonized the site since it was last disturbed. If the burrowing owl is found, the same coordination described above shall be necessary.

If burrowing owls are identified within a project site and a project cannot avoid (permanent or temporary) at least 90 percent of the occupied portion of the property that contributes to the long-term conservation value of the species, a DBESP is required and a Burrowing Owl Protection and Relocation Plan shall be prepared, approved and implemented. A justification by a qualified biologist regarding how the 90 percent and 10 percent determinations were made is required and shall be included in the DBESP. Refer to Figure 5.4-9, Flow Chart to Guide Burrowing Owl Recommendations.

BIO-5 If an action has potential to adversely impact mammal species (e.g., may impact potential habitat for mammals or may otherwise result in disturbance to mammals from noise, light, or some other potentially disturbing activity), prior to the start of ground-disturbing activities, determine if a project falls within the mapped survey area for mammal species (Aguanga kangaroo rat [Dipodomys merriami collinus], Los Angeles pocket mouse [Perognathus longimembris brevinasus], and San Bernardino kangaroo rat) and if suitable habitat is present, then focused surveys shall be required prior to ground-disturbing activities and the results shall be included in the habitat assessment. Focused surveys shall be conducted in accordance with accepted survey protocols for these species (MSHCP Biological Monitoring Program – Stephens’ Kangaroo Rat [2006] and Survey Protocol for Los Angeles Pocket Mouse).

If a project is not located within a mammal survey area, include a statement to this effect and no further action is required. If it is determined in the habitat assessment prepared by a qualified biologist that there is no potential habitat for mammal species to occur within a project site, a conclusion that no suitable habitat is present on a site supported with solid evidence and no other measures are recommended shall be provided to the project applicant and the City of Wildomar Community Development Department. If conditions or circumstances change after the environmental analysis is conducted and prior to ground-disturbing activities associated with the action, then the validity of the results shall be confirmed, or an updated environmental analysis shall be conducted prior to impacting a project site.

Future Project
Applicants and
Qualified Biologist
Prior to the Start of
Ground-Disturbing
Activities
City of Wildomar
Community
Development
Department
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Table 3-1 Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
If mammal species are identified within a project site and a project cannot avoid (permanent or temporary) at least 90 percent of the occupied portion of the property that contributes to the long-term conservation value of the species, a DBESP is required. A justification by a qualified biologist regarding how the 90 percent and 10 percent determinations were made is required and shall be included in the DBESP.

BIO-6 If an action has potential to adversely impact vernal pools or other suitable fairy shrimp habitats, then focused surveys shall be required prior to ground-disturbing activities and the results shall be included in the habitat assessment. Focused surveys shall be conducted pursuant to the USFWS Survey Guidelines for the Listed Large Branchiopods, which includes six listed fairy shrimp species, including those species covered under the MSHCP Section 6.1.2. Two seasons of fairy shrimp surveys are required. If it is determined in the habitat assessment prepared by a qualified biologist that there is no potential habitat for vernal pools or fairy shrimp species to occur within a project site, a conclusion that no suitable habitat is present on the site supported with solid evidence and no other measures are recommended shall be provided to the project applicant and the City of Wildomar Community Development Department. If conditions or circumstances change after the environmental analysis is conducted and prior ground-disturbing activities associated with the action, then the validity of the results shall be confirmed, or an updated environmental analysis shall be conducted prior to impacting a project site.

If fairy shrimp species are identified within a project site and a project cannot avoid (permanent or temporary) at least 90 percent of the occupied portion of the property that contributes to the long-term conservation value of the species, a DBESP is required. A justification by a qualified biologist regarding how the 90 percent and 10 percent determinations were made is required and shall be included in the DBESP.

Refer to Figure 5.4-10, Flow Chart to Guide Vernal Pools and Fairy Shrimp Recommendations.

Future Project
Applicants and
Qualified Biologist
Prior to the Start of
Ground-Disturbing
Activities
City of Wildomar
Community
Development
Department
BIO-7 If an action has potential to adversely impact riparian bird species (least Bell’s vireo, southwestern willow flycatcher, or yellow-billed cuckoo [Coccyzus americanus]), and if suitable habitat (nesting and/or foraging) is present, then protocol-level focused surveys shall be required. Focused surveys shall be conducted in accordance with accepted USFWS survey protocols for the least Bell’s vireo, southwestern willow flycatcher, and yellow-billed cuckoo (Least Bell’s Vireo Survey Guidelines [2001], A Future Project
Applicants and
Qualified Biologist
Prior to the Start of
Ground-Disturbing
Activities
City of Wildomar
Community
Development
Department
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Table 3-1 Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
Natural History Summary and Survey Protocol for the Southwestern Willow Flycatcher [2010], and A Natural History Summary and Survey Protocol for the Western Distinct Population Segment of the Yellow-Billed Cuckoo [2016]). If it is determined in the habitat assessment prepared by a qualified biologist that there is no potential habitat for riparian bird species to occur within a project site, a conclusion that no suitable habitat is present on the site supported with solid evidence and no other measures are recommended shall be provided to the project applicant and City of Wildomar Community Development Department. If conditions or circumstances change after the environmental analysis is conducted and prior to ground-disturbing activities associated with the action, then the validity of the results shall be confirmed, or an updated environmental analysis shall be conducted prior to impacting a project site.

If least Bell’s vireo, southwestern willow flycatcher, or yellow-billed cuckoo are identified within a project site and a project cannot demonstrate 90 percent avoidance of the occupied portion of the property that contributes to the long-term conservation value of the species, a DBESP is required. This includes 100 meters of undeveloped landscape on a property adjacent to the habitat conserved. A justification by a qualified biologist regarding how the 90 percent and 10 percent determinations were made is required and shall be included in the DBESP. Refer to Figure 5.4-11, Flow Chart to Guide Riparian Bird Species Recommendations.

BIO-8 If an action has the potential to impact coastal California gnatcatcher, a habitat assessment shall be prepared by a qualified biologist to determine if suitable habitat is present in the area of the proposed action. If suitable habitat is present (i.e., coastal sage scrub, Riversidean sage scrub) and an action has potential to adversely impact the coastal California gnatcatcher, avoid clearing, grubbing, grading, and associated construction actions in gnatcatcher occupied habitat within the Criteria Cells and/or PQP lands between March 1 and August 15. If this species is detected and a project may be potentially occupied and the habitat cannot be avoided, this habitat cannot be removed from March 1 to August 15 without conducting focused protocol-level surveys to prove absence. If it is determined in the habitat assessment prepared by a qualified biologist that there is no potential habitat for coastal California gnatcatcher to occur within a project site, a conclusion that no suitable habitat is present on the site supported with solid evidence and no other measures are recommended shall be provided to the project applicant and the City of Wildomar Community Development Future Project
Applicants and
Qualified Biologist
Prior to the Start of
Ground-Disturbing
Activities
City of Wildomar
Community
Development
Department
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Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
Department. Refer to Figure 5.4-12, Flow Chart to Coastal Gnatcatcher Recommendations.

BIO-9 If an action that may adversely impact birds or nests (e.g., ground or vegetation disturbance, noise near nesting habitat) and is expected is to occur during the nesting season (generally February 1 through September 15), a pre-construction nesting-bird survey shall be conducted for all suitable nesting habitat within three days prior to ground-disturbing activities associated with the action. The survey shall be conducted by a qualified biologist within a project site plus a buffer for the project as determined by the qualified biologist (based on the action and what bird species may be impacted). If no nesting birds are observed during the survey, site preparation and construction activities may begin. If nesting birds (including nesting raptors) are found to be present, avoidance or minimization measures shall be undertaken to avoid potential project-related impacts. Measures may include seasonal work restrictions or establishment of a non-disturbance buffer around each active nest until nesting has been completed as determined through periodic nest monitoring by the biologist. The size of the non-disturbance buffer shall be determined by the project biologist. Once nesting is deemed complete by the project biologist, work may resume within the buffer. Refer to Figure 5.4-13, Flow Chart to Guide Special-Status Wildlife (Including Protected Birds/Nests) Recommendations.

Future Project
Applicants and
Qualified Biologist
Three Days Prior to
the Start of GroundDisturbing Activities
City of Wildomar
Community
Development
Department
BIO-10 If an action may impact sensitive natural vegetation communities, an environmental analysis to determine if there is potential for sensitive natural communities or other protected vegetation communities shall be conducted by a qualified biologist. If it is determined that in the habitat assessment prepared by a qualified biologist that there are no sensitive natural communities or other protected vegetation communities within a project site, no other measures are recommended. If sensitive natural communities (riparian habitat, riverine areas, vernal pools) are identified within the impact area (permanent and temporary, direct and indirect), appropriate measures to avoid, minimize, or mitigate for impacts to sensitive natural communities shall be implemented. If riparian/riverine resources and vernal pools are proposed for avoidance, the habitat assessment shall include a commitment to place a conservation easement or deed restriction over the area in order to demonstrate that the area will be protected in perpetuity. If a project cannot avoid riparian/riverine habitat and/or vernal pools in perpetuity (both permanent and temporarily), a DBESP Future Project
Applicants and
Qualified Biologist
Prior to the Start of
Ground-Disturbing
Activities
City of Wildomar
Community
Development
Department and
applicable Wildlife
Agencies
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Table 3-1 Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
shall be required that would propose mitigation that demonstrates equivalent or superior function and value, and shall be submitted to the City of Wildomar Community Development Department and applicable Wildlife Agencies. Refer to Figure 5.4-15, Flow Chart to Guide Riparian Habitat/Riverine Areas and Vernal Pools.

BIO-11 If an action will impact riparian habitat as determined by a qualified biologist, a Lake and Streambed Alteration Agreement, pursuant to Section 1602 of the California Department of Fish and Game Code shall be obtained prior to the start of ground disturbing activities. Minimization measures will be developed during consultation with CDFW as part of the Lake and Streambed Alteration Agreement process to ensure protections for affected fish and wildlife resources.

Future Project
Applicants and
Qualified Biologist
Prior to the Start of
Ground-Disturbing
Activities
City of Wildomar
Community
Development
Department and
applicable Wildlife
Agencies
BIO-12 If an action has the potential to impact aquatic resources, an environmental analysis (i.e., a preliminary aquatic resources delineation) shall be conducted to determine if potentially regulated aquatic resources occur within a project site. A qualified wetland delineator shall conduct the environmental analysis and it shall include review of the best available hydrological information, a reconnaissance-level site visit, and an evaluation of aquatic resources to determine the potential for regulated aquatic resources to occur within a project site. If it is determined in the habitat assessment prepared by a qualified biologist that there are no potentially regulated aquatic resources, no other measures are recommended and the habitat assessment shall be submitted to the City of Wildomar Community Development Department and applicable Wildlife Agencies. If conditions or circumstances change after the environmental analysis is conducted and prior to ground-disturbing activities associated with the action, the validity of the results shall be confirmed or an updated environmental analysis shall be conducted prior to impacting a project site. Refer to Figure 5.4-16, Flow Chart to Guide Aquatic Resources Recommendations.

Future Project
Applicants and
Qualified Wetland
Delineator
Prior to the Start of
Ground-Disturbing
Activities
City of Wildomar
Community
Development
Department and
applicable Wildlife
Agencies
BIO-13 If an action may impact potentially regulated aquatic resources, an aquatic resources delineation shall be conducted by a qualified biologist for a project consistent with the methods detailed within the Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory 1987), Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (USACE 2008), and State Wetlands Definitions and Procedures for Discharges of Dredged and Fill Material to Waters of the State, and local policies by the CDFW regarding their jurisdiction, following the Future Project
Applicants and
Qualified Biologist
Prior to the Start of
Ground Disturbing
Activities
City of Wildomar
Community
Development
Department and
USACE
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Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
definitions contained within the California Fish and Game Code pertaining to regulated resources (lakes, streams, and associated hydrophytic vegetation). If it is determined by a qualified biologist that potentially regulated aquatic resources are absent from a project site or will not be impacted by the action, no other measures are recommended and the habitat assessment shall be submitted to the City of Wildomar Community Development Department and USACE. If it is determined that potentially regulated aquatic resources may be impacted by the action, the delineation shall be submitted to the USACE, and a Preliminary Jurisdictional Determination or Approved Jurisdictional Determination shall be obtained. The project applicant shall obtain all required permits from the USACE and applicable agencies prior to the start of construction activities. Refer to Figure 5.4-16, Flow Chart to Guide Aquatic Resources Recommendations.

BIO-14 If an action requiring a discretionary approval is within or adjacent to a Core Area, Linkage, or wildlife movement corridor identified in the Western Riverside Multiple Species Habitat Conservation Plan (MSHCP) or a project-specific biological analysis, a qualified biologist shall, prior to any ground disturbance, prepare and submit to the City a wildlife movement evaluation for the proposed project to assess whether the project has the potential to substantially interfere with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. The City shall review the evaluation and in doing so may confer with any/all applicable resource agencies (e.g. CDFW, USFWS, NMFS) to assess the extent of any such impacts and impose conditions requiring the implementation of appropriate and feasible measures such as avoidance, design alteration, overcrossings, or other measures to reduce any such potentially significant impacts to the greatest extent feasible.

Future Project
Applicants and
Qualified Biologist
Prior to the Start of
Ground Disturbing
Activities
City of Wildomar
Community
Development
Department and
Appropriate
Regulatory Agency

CULTURAL RESOURCES
CUL-1 Site-Specific Cultural Resources Study and Evaluation of Resources. For projects that are on land that has not previously been developed, or will involve construction on areas where no previous ground disturbance or excavation has occurred, or for structures that are 50 years of age, a site-specific cultural resources study shall be completed prior to project approval. This site-specific cultural resources study shall include, but not be limited to a, records search with the California Historical Resource Future Project
Applicants and
Qualified Cultural
Resources
Specialist
Prior to the Start of
Ground-Disturbing
Activities
City of Wildomar
Community
Development
Department
I
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Table 3-1 Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
Information System, review of historical documents, a Sacred Lands File search with the NAHC, and a field survey/site effort. The findings of the study shall be submitted as a report that follows the California Office of Historic Preservation’s recommended content and format. The report will provide the historic context, methods, results, and recommendations for appropriate findings.

CUL-2 Human Remains. If potential human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resource Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within the period specified by law (24 hours). Subsequently, the Native American Heritage Commission shall identify the "most likely descendant" (MLD). The MLD shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. No photographs are to be taken of any human remains and/or cremations except by the coroner, with written approval by the consulting tribe(s).

Future Project
Applicants and
Professional
Archaeologist
During GroundDisturbing ActivitiesCity of Wildomar
Community
Development
Department

GEOLOGY AND SOILS
GEO-1 The project applicant/developer shall incorporate the recommendations of a project’s geotechnical report into project plans related to a proposed project. A project’s building plans shall demonstrate that they incorporate all applicable recommendations of the geotechnical report and comply with all applicable requirements of the latest adopted version of the California Building Code. The project applicant/developer shall incorporate the recommendations of a project’s geotechnical report into project plans related to a proposed project. A project’s building plans shall demonstrate that they incorporate all applicable recommendations of the geotechnical report and comply with all applicable requirements of the latest adopted version of the California Building Code.

Future Project
Applicants and
Licensed
Professional
Engineer
During Building Plan
Check, Prior to Any
Ground-Disturbing
Activities
City of Wildomar
Building and Safety
Department and
Community
Development
Department
GEO-2 Prior to issuance of a grading permit, the project applicant shall retain a Certified Paleontologist to assess the potential for presence of paleontological resources and the potential for project construction to affect such resources if present. If it is Future Project
Applicants and
Certified
Paleontologist
Prior to Issuance of a
Grading Permit
City of Wildomar
Community
Development
Department
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Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
determined, to the satisfaction of the City, that there is low potential for discovery or disturbance of paleontological resources, no further action shall be required.

If potential for discovery is deemed moderate to high, the project applicant shall retain a Certified Paleontologist to monitor all initial ground-disturbing activities in native soils or sediments. If the paleontologist, upon observing initial earthwork, determines there is low potential for discovery, no further action shall be required, and the paleontologist shall submit a memo to the City confirming findings of low potential.

Should any paleontological resources (i.e., fossils) be uncovered during project construction activities, all work within a 100-foot radius of the discovery site shall be halted or diverted to other areas on the site and the City shall be immediately notified.

A Certified Paleontologist shall evaluate the finds and recommend appropriate next steps to ensure that the resource is not substantially adversely impacted, including but not limited to avoidance, preservation in place, excavation, documentation, curation, data recovery, or other appropriate measures.

Further ground disturbance shall not resume within a 100-foot radius of the discovery site until an agreement has been reached between the project applicant, a Certified Paleontologist, and the City as to the appropriate preservation or mitigation measures to ensure that the resource is not substantially adversely impacted.

Salvage and collection of significant fossils shall be done in accordance with the Society of Vertebrate Paleontology guidelines. Any paleontological resources salvaged shall be provided for curation at a local curation facility, or any other local museum or repository, such as the Western Science Center or World Museum of Natural History, willing and able to accept and house the resource to preserve for future scientific study.

GREENHOUSE GAS EMISSIONS
GHG-1 The City of Wildomar shall participate in implementation and future updates of the Subregional Climate Action Plan (CAP) led by the Western Riverside Council of Government (WRCOG) with a focus on strategies that provide community-wide greenhouse gas (GHG) emission reductions in the City’s planning area. The City shall conduct regular monitoring and reporting of community-wide GHG emissions to ensure progress toward reducing community-wide GHGs and work with WRCOG and City of Wildomar
Public Works and
Engineering
Department and
Community
Development
Department
During Future
Updates of the
Subregional CAP
City of Wildomar
Public Works and
Engineering
Department and
Community
Development
Department
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Table 3-1 Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
partners to update the Subregional CAP on a regulator basis to ensure long-term reduction in GHG emissions.

The City shall prepare a list of quantified GHG reduction measures or best management practices for use by new development subject to the City’s discretionary review process, that are consistent with the Subregional CAP. The City shall require that Applicants for new development that would result in significant GHG emissions impacts, be required to implement the GHG reduction measures or best management practices identified on the list prepared by the City, if determined to be applicable for the project.

Examples of mitigation measures that may be considered, include the following:
 Measures that encourage transit use, carpooling, bike-share and car-share programs, active transportation, and parking strategies, including, but not limited to the following:
- Promote transit-active transportation coordinated strategies; - Increase bicycle carrying capacity on transit and rail vehicles; - Improve or increase access to transit;
- Increase access to common goods and services, such as groceries, schools, and day care;
- Incorporate the neighborhood electric vehicle network; - Orient the project toward transit, bicycle and pedestrian facilities; - Improve pedestrian or bicycle networks, or transit service; - Provide traffic calming measures;
- Limit or eliminate park supply;
- Unbundle parking costs;
- Provide parking cash-out programs;
- Implement or provide access to commute reduction program;  Require at least five percent of all vehicle parking spaces include electric vehicle charging stations;
 Adopting employer trip reduction measures to reduce employee trips such as vanpool and carpool programs, providing end-of-trip facilities, and telecommuting programs including but not limited to measures that:
- Provide car-sharing, bike sharing, and ride-sharing programs; 2860

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Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
- Provide transit passes;
- Shift single occupancy vehicle trips to carpooling or vanpooling, for example providing ride-matching services;
- Provide incentives or subsidies that increase that use of modes other than single occupancy vehicle;
- Provide on-site amenities at places of work, such as priority parking for carpools and vanpools, secure bike parking, and showers and locker rooms; - Provide employee transportation coordinators at employment sites; and - Provide a guaranteed ride home service to users of non-auto modes.  Provide maximum future coverage of solar panels and installing the maximum solar power generation capacity feasible;
 Oversizing electrical rooms by 25 percent or providing a secondary electrical room to accommodate future expansion of electric vehicle charging capability;  Running conduit to designated locations for future electric truck charging stations.

HAZARDS AND HAZARDOUS MATERIALS
HAZ-1 Prior to the issuance of building permits for all projects, the project applicant/developer shall demonstrate, to the satisfaction of the City Building Official and the Riverside County Fire Chief, compliance with the 2022 California Building Code (or the most recent edition) (Part 2 of Title 24 of the California Code of Regulations) and the 2022 California Fire Code (or the most recent edition) (Part 9 of Title 24 of the California Code of Regulations), including those regulations pertaining to materials and construction methods intended to mitigate wildfire exposure as described in the 2022 California Building Code and California Residential Code (or most recent edition); specifically California Building Code Chapter 7A; California Residential Code Section R327; California Residential Code Section R337; California Referenced Standards Code Chapter 12 7A; and California Fire Code
City Building Official
and the Riverside
County Fire Chief
Prior to the Issuance
of Building Permits
City of Wildomar
Building Department
and Riverside
County Fire
Department
HAZ-2 Prior to the issuance of a certificate of occupancy for all projects, the applicant shall demonstrate, to the satisfaction of the City Building Official and the County Fire Chief, compliance with the vegetation management requirements prescribed in California Fire Code Section 4906 and California Government Code Section 51182.

City Building Official
and the County Fire
Chief
Prior to the Issuance
of a Certificate of
Occupancy
City of Wildomar
Building Department
and Riverside
County Fire
Department
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Table 3-1 Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)

MINERAL RESOURCES
MIN-1 Prior to blasting non-rippable bedrock within 100 feet of the federal lode, outcrops shall be inspected for pegmatite dikes or other geological features considered favorable for gemstones or rare earth elements by an experienced igneous petrologist with a master’s degree and/or Ph.D. in Geology. If geological units containing museum quality gemstones or anomalously high concentrations of rare earth elements are found, representative specimens shall be documented and provided to an accredited repository such as the University of California, Riverside Earth and Planetary Sciences Museum, the Western Science Center in Riverside County, or any other local museum or repository willing and able to accept and house the resources to preserve for future scientific study.

Future Project
Applicants and
Experienced
Igneous Petrologist
Prior to Blasting NonRippable Bedrock
Within 100 Feet of
the Federal Lode
City of Wildomar
Public Works and
Engineering
Department and
Community
Development
Department
NOISE
N-1 Construction Noise Measures. Construction contractors shall implement the following measures for construction activities conducted in the City of Wildomar. Construction plans submitted to the City shall identify these measures on demolition, grading, and construction plans. The City of Wildomar shall verify that grading, demolition, and/or construction plans submitted to the City include these notations prior to issuance of demolition, grading, and/or building permits.
 During the entire active construction period, equipment and trucks used for project construction shall use the best-available noise control techniques (e.g., improved mufflers, equipment redesign, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds), wherever feasible to maintain construction noise levels at or below the performance standard of 80 dBA Leq.

Proper mufflers and/or silencers can achieve a 4 to 5 dBA reduction, while engine enclosers can achieve 8 to 10 dBA reduction
 Impact tools (e.g., jack hammers and hoe rams) shall be hydraulically or electrically powered wherever possible. Where the use of pneumatic tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used along with external noise jackets on the tools to maintain construction noise levels at or below the performance standard of 80 dBA Leq. Pneumatic tools typically measure at a noise level of 6 to 8 dBA lower than impact tools.

Future Project
Applicants and
Construction
Contractor
Prior to Issuance of
Demolition, Grading,
and/or Building
Permits and During
Construction
Activities
City of Wildomar
Community
Development
Department and
Building and Safety
Department
I
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Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
 Stationary equipment, such as generators and air compressors, shall be located as far as feasible from nearby noise-sensitive uses.
 Stockpiling shall be located as far as feasible from nearby noise-sensitive receptors.
 Construction traffic shall be limited, to the extent feasible, to approved haul routes established by the City Planning and Building Agency.
 At least 10 days prior to the start of construction activities, a sign shall be posted at the entrance(s) to the job site, clearly visible to the public, that includes permitted construction days and hours, as well as the telephone numbers of the City’s and contractor’s authorized representatives that are assigned to respond in the event of a noise or vibration complaint. If the authorized contractor’s representative receives a complaint, he/she shall investigate, take appropriate corrective action, and report the action to the City.
 As noted in 13 CCR 2480 & 2485 under CARB, any law enforcement department, including air districts and CARB, can fine a 10,000 pound or greater truck owner and driver up to $1000 per day for illegal idling. Signs shall be posted at the job site entrance(s), within the on-site construction zones, and along queueing lanes (if any) to reinforce the prohibition of unnecessary engine idling. All other equipment shall be turned off if not in use for more than 5 minutes.  During the entire active construction period and to the extent feasible, the use of noise-producing signals, including horns, whistles, alarms, and bells, shall be for safety warning purposes only. The construction manager shall use smart back-up alarms, which automatically adjust the alarm level based on the background noise level or switch off back-up alarms and replace with human spotters in compliance with all safety requirements and laws.
 If construction is anticipated for prolonged periods, as required by the Community Development Director, erect temporary noise barriers (at least as high as the exhaust of equipment and breaking line-of-sight between noise sources and sensitive receptors), as necessary and feasible, to maintain construction noise levels at or below the performance standard of 80 dBA Leq. Barriers shall be constructed with a solid material that has a density of at least 4 pounds per square foot with no gaps from the ground to the top of the barrier. 2863

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Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
N-2 Vibration Analysis. Prior to issuance of a building permit for a project requiring pile driving during construction within 135 feet of fragile structures, such as historical resources, within 100 feet of nonengineered timber and masonry buildings (e.g., most residential buildings), or within 75 feet of engineered concrete and masonry (no plaster); or a vibratory roller within 25 feet of any structure, the project applicant shall prepare a noise and vibration analysis to assess and mitigate potential noise and vibration impacts related to these activities. This vibration analysis shall be conducted by a qualified and experienced acoustical consultant or engineer. The vibration levels shall not exceed Federal Transit Administration (FTA) architectural damage thresholds (e.g., 0.12 inches per second [in/sec] peak particle velocity [PPV] for fragile or historical resources, 0.2 in/sec PPV for nonengineered timber and masonry buildings, and 0.3 in/sec PPV for engineered concrete and masonry). If vibration levels would exceed these thresholds, alternative methods shall be used, such as drilling piles instead of pile driving and static rollers instead of vibratory rollers. If necessary, construction vibration monitoring shall be conducted to ensure vibration thresholds are not exceeded.

Future Project
Applicants and
Qualified Acoustical
Consultant
Prior to Issuance of a
Building Permit
City of Wildomar
Community and
Development
Department and
Building and Safety
Department
N-3 Vibration Analysis. Prior to discretionary approval by the City of Wildomar for industrial development projects subject to review under the California Environmental Quality Act (CEQA) (i.e., nonexempt projects) that utilize equipment that has the potential to result in vibration, a vibration analysis shall be conducted to assess and mitigate potential vibration impacts. This vibration analysis shall be conducted by a qualified and experienced acoustical consultant or engineer and shall follow the latest CEQA guidelines, practices, and precedents.

Future Project
Applicants and
Qualified Acoustical
Consultant
Prior to Discretionary
Approval for
Industrial Projects
City of Wildomar
Community and
Development
Department and
Building and Safety
Department
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Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)

TRIBAL CULTURAL RESOURCES
TCR-1 Inadvertent Archeological Find. If during ground disturbance activities, cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Cultural resources are defined as being multiple artifacts in close association with each other, but also include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance as determined in consultation with the lead agency and Native American Tribe(s) that elected to consult under AB 52 (“Consulting Tribe(s)”). a. All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the tribal representative(s) and the Community Development Director to discuss the significance of the find.
b. At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s), developer, and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources.
c. Grading or further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. Work shall be allowed to continue outside of the buffer area and will be monitored by additional Tribal monitors if needed. d. Treatment and avoidance of the newly discovered resources shall be consistent with the Treatment and Monitoring Agreements entered into with the Consulting Tribe(s) and the applicant. This may include avoidance of the cultural resources through project design, in-place preservation of cultural resources located in native soils and/or re-burial on the Project property so they are not subject to further disturbance in perpetuity as identified in Mitigation Measures TCR-2 and TCR-7.
e. If the find is determined to be significant and avoidance of the site has not been achieved, a Phase III data recovery plan (see Mitigation Measure TCR-6) shall be prepared by the project archeologist, in consultation with the Consulting Tribe(s), and shall be submitted to the City for their review and approval prior to implementation of the said plan.

Future Project
Applicants and
Professional
Archaeologist
During GroundDisturbing ActivitiesCity of Wildomar
Community
Development
Department
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Table 3-1 Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
f. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources and tribal cultural resources. If the landowner and the Consulting Tribe(s) cannot agree on the significance or the mitigation for the archaeological or tribal cultural resources, these issues will be presented to the Community Development Director for decision. The City’s Community Development Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological and tribal cultural resources, recommendations of the project archeologist, and shall take into account the cultural and religious principles and practices of the Consulting Tribe(s).

Notwithstanding any other rights available under the law, the decision of the City Community Development Director shall be appealable to the City Planning Commission and/or City Council.

TCR-2 Cultural Resources Disposition. In the event that Native American cultural resources are discovered during the course of grading (inadvertent discoveries), the following procedures shall be carried out for final disposition of the discoveries:
a. One or more of the following treatments, in order of preference, as numbered below, shall be employed with the Consulting Tribe(s). Evidence of such shall be provided to the City of Wildomar Community Development Department:
i. Preservation-In-Place of the cultural resources, if feasible. Preservation in place means avoiding the resources, leaving them in the place where they were found with no development affecting the integrity of the resources. ii. Reburial of the resources on the Project property. The measures for reburial shall include, at least, the following: Measures and provisions to protect the future reburial area from any future impacts in perpetuity.

Reburial shall not occur until all legally required cataloging and basic recordation have been completed, with an exception that sacred items, burial goods and Native American human remains are excluded. Any reburial process shall be culturally appropriate. Listing of contents and location of the reburial shall be included in the confidential Phase IV report (see Mitigation Measure TCR-6). The Phase IV Report shall be filed with Future Project
Applicants and
Professional
Archaeologist
During Grading
Activities
City of Wildomar
Community
Development
Department
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Table 3-1 Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
the City under a confidential cover and not subject to Public Records Request.
iii. If preservation in place or reburial is not feasible then the resources shall be curated in a culturally appropriate manner at a Riverside County curation facility that meets State Resources Department Office of Historic Preservation Guidelines for the Curation of Archaeological Resources ensuring access and use pursuant to the Guidelines. The collection and associated records shall be transferred, including title, and are to be accompanied by payment of the fees by the Applicant necessary for permanent curation. Evidence of curation in the form of a letter from the curation facility stating that subject archaeological materials have been received and that all fees have been paid, shall be provided by the landowner to the City. There shall be no destructive or invasive testing on sacred items, burial goods, and Native American human remains, as defined by the cultural and religious practices of the Most Likely Descendant. Results concerning finds of any inadvertent discoveries shall be included in the Phase IV monitoring report.

TCR-3 Archaeologist Retained. Prior to issuance of a grading permit the project applicant shall retain a Riverside County qualified Registered Professional Archaeologist (RPA), to monitor all ground disturbing activities in an effort to identify any unknown archaeological resources.

The Registered Professional Archaeologist and the Tribal monitor(s) required by Mitigation Measures TCR-4 and TCR-5 shall manage and oversee monitoring for all initial ground disturbing activities and excavation of each portion of the project site including clearing, grubbing, tree removals, mass or rough grading, trenching, stockpiling of materials, rock crushing, structure demolition and etc. The Registered Professional Archaeologist and the Tribal monitor(s), shall independently have the authority to temporarily divert, redirect or halt the ground disturbance activities to allow identification, evaluation, and potential recovery of cultural resources in coordination with any required special interest or tribal monitors.

The developer/permit holder shall submit a fully executed copy of the contract to the Community Development Department to ensure compliance with this condition of Future Project
Applicants,
Registered
Professional
Archaeologist, and
the Tribal Monitor
Prior to Issuance of a
Grading Permit
The City of Wildomar
Community
Development
Department
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Table 3-1 Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
approval. Upon verification, the Community Development Department shall clear this condition.

In addition, the Registered Professional Archaeologist, in consultation with the Consulting Tribe(s), the contractor, and the City, shall develop a Cultural Resources Management Plan (CRMP) pursuant to the definition in AB 52 to address the details, timing and responsibility of all archaeological and cultural activities that will occur on the project site. A consulting tribe is defined as a tribe that initiated the AB 52 tribal consultation process for the Project, has not opted out of the AB 52 consultation process, and has completed AB 52 consultation with the City as provided for in Cal.

Pub. Res. Code Section 21080.3.2(b)(1) of AB 52. Details in the Plan shall include:
a. Project grading and development scheduling;
b. The Project archaeologist and the Consulting Tribes(s) shall attend the pregrading meeting with the City, the construction manager and any contractors and will conduct a mandatory Cultural Resources Worker Sensitivity Training to those in attendance. The Training will include a brief review of the cultural sensitivity of the Project and the surrounding area; what resources could potentially be identified during earthmoving activities; the requirements of the monitoring program; the protocols that apply in the event inadvertent discoveries of cultural resources are identified, including who to contact and appropriate avoidance measures until the find(s) can be properly evaluated; and any other appropriate protocols. All new construction personnel that will conduct earthwork or grading activities that begin work on the Project following the initial Training must take the Cultural Sensitivity Training prior to beginning work and the Project archaeologist and Consulting Tribe(s) shall make themselves available to provide the training on an as-needed basis;
c. The protocols and stipulations that the contractor, City, Consulting Tribe(s) and Project archaeologist will follow in the event of inadvertent cultural resources discoveries, including any newly discovered cultural resource deposits that shall be subject to a cultural resources evaluation.
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Table 3-1 Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
TCR-4 Native American Monitoring (Pechanga). Tribal monitor(s) shall be required on-site during all ground-disturbing activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder shall retain a qualified tribal monitor(s) from the Pechanga Band of Luiseno Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract between the above-mentioned Tribe and the land divider/permit holder for the monitoring of the project to the Community Development Department and to the Engineering Department. The Tribal Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground-disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist.

Future Project
Applicants and
Tribal Monitor
During GroundDisturbing ActivitiesCity of Wildomar
Community
Development
Department and
Public Works and
Engineering
Department
TCR-5 Native American Monitoring (Soboba). Tribal monitor(s) shall be required on-site during all ground-disturbing activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder shall retain a qualified tribal monitor(s) from the Soboba Band of Luiseno Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract between the above-mentioned Tribe and the land divider/permit holder for the monitoring of the project to the Community Development Department and to the Engineering Department. The Tribal Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground-disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist.

Future Project
Applicants and
Tribal Monitor
During GroundDisturbing ActivitiesCity of Wildomar
Community
Development
Department and
Public Works and
Engineering
Department
TCR-6 Archeology Report - Phase III and IV. Prior to final inspection, the developer/permit holder shall prompt the Project Archeologist to submit two (2) copies of the Phase III Data Recovery report (if required for the Project) and the Phase IV Cultural Resources Monitoring Report. The Phase IV report shall include evidence of the required cultural/historical sensitivity training for the construction staff held during the pre-grade meeting. The Community Development Department shall review the reports to determine adequate mitigation compliance. Provided the reports are adequate, the Community Development Department shall clear this condition. Once the report(s) are determined to be adequate, two (2) copies shall be submitted to the Eastern Information Center (EIC) at the University of California Riverside (UCR) and one (1) copy shall be submitted to the Consulting Tribe(s) Cultural Resources Department(s).

Future Project
Applicants and
Qualified
Archaeologist
Prior to Final
Inspection
City of Wildomar
Community
Development
Department
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Table 3-1 Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
TCR-7 Non-Disclosure of Reburial Locations. It is understood by all parties that unless otherwise required by law, the site of any reburial of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, pursuant to the specific exemption set forth in California Government Code Section 6254 (r)., parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial.

Future Project
Applicants and
Professional
Archaeologist
During Discovery of
Native American
Human Remains
City of Wildomar
Community
Development
Department
TCR-8 No-Build Easement or Similar Instrument. In the event that Native American artifacts are found and buried within the project vicinity, a no-build easement, or similar legal instrument, shall be used to preclude future development from taking place on the reburial site(s).

City of Wildomar
Community
Development
Department
Before Reburial of
Native American
Artifacts
City of Wildomar
Community
Development
Department

WILDFIRE
See Mitigation Measures HAZ-1 and HAZ-2.

I
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4. Mitigation Monitoring Reports
Mitigation monitoring reports are required to document compliance with the Mitigation Monitoring Program and to resolve disputes. Specific reports include:
 Field Check Report
 Implementation Compliance Report
 Dispute/Enforcement Report

4.1 FIELD CHECK REPORT
Field check reports are required to record in-field compliance and conditions.

4.2 IMPLEMENTATION COMPLIANCE REPORT
The Implementation Compliance Report (ICR) is prepared to document the implementation of mitigation measures on a phased basis, based on the information in Table 3-1. The report summarizes implementation compliance, including mitigation measures, date completed, and monitor’s signature.

4.3 DISPUTE/ENFORCEMENT REPORT
The Dispute/Enforcement Report (DER) is prepared to document the outcome of the Project Manager or City Manager and becomes a portion of the ICR.
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5. Community Involvement
Monitoring reports are public documents and are available for review by the general public. Discrepancies in monitoring reports can be taken to the Project Manager or Community Development Director by the general public.
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6. Report Preparation

6.1 LIST OF PREPARERS
City of Wildomar
Matthew C. Bassi, Community Development Director
PlaceWorks
Mark Teague, AICP, Managing Principal
Jasmine Osman, Associate II
Joseph Ruiz, Planner
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Wildomar Development Code
Public Hearing Draft | November 2024
2878
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Public Hearing Draft | November 2024
ORANGE COUNTY • BAY AREA • SACRAMENTO • CENTRAL COAST • LOS ANGELES • INLAND EMPIRE PLACEWORKS.COM
Prepared by: PlaceWorks
700 South Flower Street, Suite 600
Los Angeles, California 90017
t 213.623.1443
2880
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Wildomar Development Code
PAGE i
Table of Contents
Table of Contents ....................................................................................................................i ARTICLE 1. GENERAL PROVISIONS .............................................................................................1 Chapter 17.05 Purpose and Applicability .................................................................................1

17.05.010 Title ........................................................................................................................ 1

17.05.020 Purpose and Intent.................................................................................................. 1

17.05.030 Scope of Regulations .............................................................................................. 1

17.05.040 Conflicting Regulations ........................................................................................... 2

17.05.050 City to be Held Harmless......................................................................................... 2 Chapter 17.10 Planning Agency...............................................................................................3

17.10.010 City Council............................................................................................................ 3

17.10.020 Planning Commission ............................................................................................. 3

17.10.030 Planning Department .............................................................................................. 3 Chapter 17.15 Interpretation...................................................................................................4

17.15.010 Purpose.................................................................................................................. 4

17.15.020 Rules of Interpretation............................................................................................. 4 Chapter 17.20 Legal Nonconforming Structures and Uses........................................................6

17.20.010 Applicability and Purpose........................................................................................ 6

17.20.020 Generally. ............................................................................................................... 6

17.20.030 Continuation, transfer or sale .................................................................................. 6

17.20.040 Verification of nonconforming structure or use......................................................... 7

17.20.050 Continuation of nonconforming structures or uses................................................... 8

17.20.060 Expansion of nonconforming structures or use......................................................... 8

17.20.070 Changes to a conforming use. ................................................................................. 8

17.20.080 Discontinuance of nonconforming use..................................................................... 8

17.20.090 Exceptions.............................................................................................................. 9

17.20.100 Minimum age requirement—Exception. ................................................................... 9

17.20.110 Nonconforming designation restricted..................................................................... 9

17.20.120 Illegally existing nonconforming uses, lots, and structures........................................ 9 ARTICLE 2. ZONING DISTRICTS AND ALLOWABLE LAND USES....................................................10 Chapter 17.25 Establishment of Zones ..................................................................................10

17.25.010 Purpose................................................................................................................ 10

17.25.020 List of Zones ......................................................................................................... 10

17.25.030 Zoning Map Established ........................................................................................ 11

17.25.040 Zone Classification Boundaries ............................................................................. 11 2882
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Chapter 17.30 Agriculture and Rural Residential Zones ......................................................... 12

17.30.010 Purpose.................................................................................................................12

17.30.020 Allowed Uses and Approval Requirements..............................................................12

17.30.030 Development Standards ........................................................................................16 Chapter 17.35 Residential Zones .......................................................................................... 18

17.35.010 Purpose.................................................................................................................18

17.35.020 Allowed Uses and Approval Requirements..............................................................18

17.35.030 Development Standards ........................................................................................20 Chapter 17.40 Commercial and Mixed-Use Zones ................................................................. 23

17.40.010 Purpose.................................................................................................................23

17.40.020 Allowed Uses and Approval Requirements..............................................................23

17.40.030 Development Standards - Commercial...................................................................30

17.40.040 Development Standards – Mixed Use......................................................................31 Chapter 17.45 Manufacturing/Industrial and Medical Center Zones ....................................... 33

17.45.010 Purpose.................................................................................................................33

17.45.020 Allowed Uses and Approval Requirements..............................................................33

17.45.030 Development Standards ........................................................................................40 Chapter 17.50 Public Facilities Zone..................................................................................... 41

17.50.010 Purpose.................................................................................................................41

17.50.020 Allowed Uses and Approval Requirements..............................................................41

17.50.030 Development Standards ........................................................................................43 Chapter 17.55 Open Space Zone........................................................................................... 44

17.55.010 Purpose.................................................................................................................44

17.55.020 Allowed Uses and Approval Requirements..............................................................44

17.55.030 Development Standards ........................................................................................45 ARTICLE 3. LAND USE PERMITS AND PROCEDURES .................................................................. 46 Chapter 17.60 General Plan and Specific Plans ..................................................................... 46

17.60.010 Adoption or amendment of the General Plan...........................................................46

17.60.020 General Plan Amendments.....................................................................................46

17.60.030 Findings.................................................................................................................47

17.60.040 Specific Plans........................................................................................................47

17.60.050 Applications for Specific Plans ...............................................................................48

17.60.060 Public Hearings, General Plan Amendments and Specific Plans...............................48

17.60.070 Reports on Conformity with the General Plan..........................................................49 Chapter 17.65 Planned Residential Developments................................................................ 51

17.65.010 Standards for planned residential developments. ...................................................51

17.65.020 General requirements for all PRDs..........................................................................51 2883
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17.65.030 Mandatory PRD contents....................................................................................... 51

17.65.040 Standards applicable to all PRDs ........................................................................... 52

17.65.050 Special requirements for age-restricted PRDs ........................................................ 52 Chapter 17.70 Variance ........................................................................................................54

17.70.010 Purpose................................................................................................................ 54

17.70.020 Procedures ........................................................................................................... 54

17.70.030 Required Findings ................................................................................................. 54

17.70.040 Conditions of Approval.......................................................................................... 54 Chapter 17.75 Development Agreement................................................................................55

17.75.010 Purpose................................................................................................................ 55

17.75.020 Applicability.......................................................................................................... 55

17.75.030 Alterations ............................................................................................................ 55

17.75.040 Findings for Approval............................................................................................. 55

17.75.050 Notice of Decision ................................................................................................ 56

17.75.060 Effective Date ....................................................................................................... 56

17.75.070 Required Content.................................................................................................. 56

17.75.080 Execution and Recordation.................................................................................... 57

17.75.090 Periodic Review; Violation of Agreement ................................................................ 57 Chapter 17.80 Conditional Use Permits.................................................................................58

17.80.010 Purpose................................................................................................................ 58

17.80.020 Applicability.......................................................................................................... 58

17.80.030 Application. .......................................................................................................... 58

17.80.040 Public Notice and Hearing ..................................................................................... 58

17.80.050 Required Use Permit Findings ................................................................................ 58

17.80.060 Conditions of Approval.......................................................................................... 59 Chapter 17.85 Development Review, Major............................................................................59

17.85.010 Purpose................................................................................................................ 59

17.85.020 Major Development Review ................................................................................... 59 Chapter 17.90 Development Review, Minor ...........................................................................61

17.90.010 Purpose................................................................................................................ 61

17.90.020 Minor Development Review ................................................................................... 61 Chapter 17.95 Reasonable Accommodations ........................................................................63

17.95.010 Purpose. ............................................................................................................... 63

17.95.020 Applicability.......................................................................................................... 63

17.95.030 Procedure............................................................................................................. 63

17.95.040 Review Authority ................................................................................................... 64

17.95.050 Review.................................................................................................................. 64

17.95.060 Approval findings .................................................................................................. 64 2884
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17.95.070 Conditions of approval...........................................................................................64 Chapter 17.100 Similar Use Determination ........................................................................... 65

17.100.010 Purpose.................................................................................................................65

17.100.020 Applicability ..........................................................................................................65

17.100.030 Application and Required Fees ...............................................................................65

17.100.040 Findings for Approval .............................................................................................65

17.100.050 Notice of Decision .................................................................................................65

17.100.060 Effective Date ........................................................................................................66 Chapter 17.105 Temporary Use and Temporary Events Permits .............................................. 67

17.105.010 Purpose.................................................................................................................67

17.105.020 Permit required......................................................................................................67

17.105.030 Temporary Use Regulations....................................................................................67

17.105.040 Temporary event regulations...................................................................................70 Chapter 17.110 Permits for Home-based businesses............................................................. 73

17.110.010 Applicability ..........................................................................................................73

17.110.020 Development Standards – Home-based business ...................................................73

17.110.030 Prohibited Home-based business...........................................................................74

17.110.040 Cottage Food and Microenterprise Home Kitchen Operations..................................74

17.110.050 Application and Required Fees ...............................................................................75

17.110.060 Approval Authority .................................................................................................75

17.110.070 Findings for Approval .............................................................................................75

17.110.080 Effective Date ........................................................................................................76

17.110.090 Expiration ..............................................................................................................76

17.110.100 Extension of Time...................................................................................................76

17.110.110 Modifications.........................................................................................................76

17.110.120 Transferability ........................................................................................................76 Chapter 17.115 Sign permit. ................................................................................................. 77

17.115.010 Purpose.................................................................................................................77

17.115.020 Permit procedure...................................................................................................77 Chapter 17.120 Pre-Application Review (PAR) Procedures ..................................................... 78

17.120.010 Purpose.................................................................................................................78

17.120.020 Classifications.......................................................................................................78

17.120.030 Applications. .........................................................................................................78

17.120.040 Procedures............................................................................................................80

17.120.050 Pre-application review letter...................................................................................80

17.120.060 Revisions...............................................................................................................81 Chapter 17.125 Common Application Processing Procedures................................................ 82

17.125.010 Purpose and Applicability.......................................................................................82 2885
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17.125.020 Applications. ........................................................................................................ 82

17.125.030 Initiation of Application ......................................................................................... 82

17.125.040 Determination of Completeness............................................................................ 82

17.125.050 Application Review and Report .............................................................................. 83

17.125.060 Withdrawal of Application ..................................................................................... 84

17.125.070 Public Hearing and Notice ..................................................................................... 84

17.125.080 Public Hearing Procedure. ..................................................................................... 86

17.125.090 Notice of Decision. ............................................................................................... 86

17.125.100 Approval authority................................................................................................. 86

17.125.110 Appeals. ............................................................................................................... 88

17.125.120 Permit Time Limits, Expiration, and Extensions....................................................... 89

17.125.130 Modifications to Previously Approved Permits ........................................................ 92

17.125.140 Reapplications...................................................................................................... 93

17.125.150 Revocation of Variances and Permits. .................................................................... 94

17.125.160 Dedications and Improvements Where No Subdivision is Involved .......................... 95 Chapter 17.130 Amendments to Projects ..............................................................................98

17.130.010 Purpose and Applicability...................................................................................... 98

17.130.020 Consistency with original approval. ....................................................................... 98

17.130.030 Referral................................................................................................................. 98 Chapter 17.135 Zoning Clearance and Verification Letter .......................................................99

17.135.010 Purpose and Applicability...................................................................................... 99

17.135.020 Application contents............................................................................................. 99

17.135.030 Approving authority and procedure. ....................................................................... 99

17.135.040 Notice and hearing................................................................................................ 99 Chapter 17.140 Objective Design Standards........................................................................ 100 Chapter 17.145 Development Code and Zoning Map Amendments ....................................... 101

17.145.010 Purpose...............................................................................................................101

17.145.020 Approving authority. .............................................................................................101

17.145.030 Initiation of amendment. ......................................................................................101

17.145.040 Findings for Development Code Amendment. .......................................................101

17.145.050 Conditions/restrictions. .......................................................................................101

17.145.060 Pre Zoning............................................................................................................101 ARTICLE 4. SITE DEVELOPMENT REGULATIONS AND PERFORMANCE STANDARDS ................... 102 Chapter 17.150 General Site Regulations............................................................................. 102

17.150.010 Purpose...............................................................................................................102

17.150.020 Building Height and Exceptions ............................................................................102

17.150.030 Setback Adjustments and Temporary use of land ..................................................103 2886
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17.150.040 Yard Measurements .............................................................................................104

17.150.050 Fences, Walls, and Screens..................................................................................106

17.150.060 Organic Waste Trash Enclosures...........................................................................110

17.150.070 Swimming Pools and Spas ...................................................................................111 Chapter 17.155 Parking and Loading ....................................................................................112

17.155.010 Purpose...............................................................................................................112

17.155.020 Applicability.........................................................................................................112

17.155.030 Parking Design Standards.....................................................................................112

17.155.040 Loading Space Requirements...............................................................................128

17.155.050 Parking for Persons with Disabilities......................................................................129

17.155.060 Bicycle Parking Facilities ......................................................................................130

17.155.070 Recreational Vehicle Regulations .........................................................................132

17.155.080 Parking on Private Property Visible from the Street ................................................133 Chapter 17.160 Landscaping Standards...............................................................................134

17.160.010 General Landscaping Provisions...........................................................................134 Chapter 17.165 Water Efficient Landscapes.........................................................................140

17.165.010 Purpose...............................................................................................................140

17.165.020 Applicability ........................................................................................................140

17.165.030 Exemptions .........................................................................................................140

17.165.040 Landscape design plan ........................................................................................141

17.165.050 Landscape water use standards...........................................................................141

17.165.060 Implementation procedures.................................................................................141

17.165.070 Water waste prevention—Existing landscaping .....................................................142

17.165.080 Delegation ..........................................................................................................142 Chapter 17.170 Light Pollution Standards ............................................................................143 Chapter 17.175 Density Bonus ............................................................................................144

17.175.010 Purpose...............................................................................................................144

17.175.020 General density bonus provisions.........................................................................144

17.175.030 Incentives and Concessions.................................................................................148

17.175.040 Waiver or Reduction of Development Standards....................................................148

17.175.050 Calculation of Density Bonus. ..............................................................................149

17.175.060 Additional Density Bonus through Donation of Land..............................................152

17.175.070 Additional Density Bonus or Concession or Incentive through Provision of Child Care Facility.................................................................................................................154

17.175.080 City’s Discretion in Granting Density Bonus...........................................................154

17.175.090 Parking Requirements..........................................................................................155

17.175.100 Interpretation. .....................................................................................................156 2887
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Chapter 17.180 Signs.......................................................................................................... 157

17.180.010 Purpose...............................................................................................................157

17.180.020 General Sign Standards ........................................................................................157

17.180.030 Sign standards by type..........................................................................................158 Chapter 17.185 Accessory Structures ................................................................................. 172

17.185.010 Purpose...............................................................................................................172

17.185.020 Applicability.........................................................................................................172

17.185.030 Relationship to Existing Structures........................................................................172

17.185.040 Development Standards.......................................................................................172

17.185.050 Permit Requirements. ..........................................................................................174

17.185.060 Exceptions...........................................................................................................174

17.185.070 Metal Shipping Containers ...................................................................................174 Chapter 17.190 Cluster Development Subdivisions ............................................................. 176

17.190.010 Purpose...............................................................................................................176

17.190.020 Authorization .......................................................................................................176

17.190.030 Applicability.........................................................................................................176

17.190.040 Development Standards.......................................................................................176 ARTICLE 5. STANDARDS RELATED TO SPECIFIC USES .............................................................. 179 Chapter 17.195 Accessory Dwelling Units ........................................................................... 179

17.195.010 Purpose...............................................................................................................179

17.195.020 Applicability.........................................................................................................179

17.195.030 Permits required for construction. ........................................................................179

17.195.040 Application. .........................................................................................................179

17.195.050 Development standards for accessory dwelling units. ...........................................180

17.195.060 Supplemental development standards for junior accessory dwelling units. ............185

17.195.070 Ministerial approval..............................................................................................186

17.195.080 Prohibited areas...................................................................................................187

17.195.090 Notice of decision................................................................................................187

17.195.100 Exception. ...........................................................................................................187 Chapter 17.200 Special Housing Types................................................................................ 188

17.200.010 Purpose...............................................................................................................188

17.200.020 Transitional and Supportive Housing.....................................................................188

17.200.030 Emergency Shelters .............................................................................................189

17.200.040 Employee Housing (for Farmworkers)....................................................................190 Chapter 17.205 Licensed Residential Care Facilities............................................................ 191

17.205.010 Purpose...............................................................................................................191 2888
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The purpose of this chapter is to implement the applicable state regulations in a manner that allows for the establishment of residential care facilities while preserving the character of the zone in which the uses are located...............................................191

17.205.020 Development standards.......................................................................................191

17.205.030 Application Procedures........................................................................................192 Chapter 17.210 Mobile Home Parks .....................................................................................195

17.210.010 Purpose...............................................................................................................195

17.210.020 Permit Required...................................................................................................195

17.210.030 Development Standards ......................................................................................195 Chapter 17.215 [RESERVED]................................................................................................197 Chapter 17.220 Performance Standards for RV Storage in Commercial and Residential Zones198 Chapter 17.225 Animal Keeping...........................................................................................199

17.225.010 Purpose...............................................................................................................199

17.225.020 Applicability ........................................................................................................199

17.225.030 Keeping of Animals – Non-Commercial.................................................................199

17.225.040 Keeping of Animals – Commercial ........................................................................200

17.225.050 Development and Operational Standards .............................................................201

17.225.060 Applications. .......................................................................................................201

17.225.070 Animal Grazing ....................................................................................................201

17.225.080 Animal Maturity....................................................................................................202

17.225.090 Residential Beekeeping........................................................................................202 Chapter 17.230 Farmers Markets.........................................................................................204

17.230.010 Purpose...............................................................................................................204

17.230.020 Development standards.......................................................................................204 Chapter 17.235 Alcoholic Beverage Sales ............................................................................205

17.235.010 Purpose...............................................................................................................205

17.235.020 Development standards.......................................................................................205

17.235.030 Additional Development Requirements. ...............................................................205 Chapter 17.240 Cannabis....................................................................................................206

17.240.010 Purpose...............................................................................................................206

17.240.020 Relationship to other laws....................................................................................206

17.240.030 Conditional use permit and development agreement required...............................206

17.240.040 Conditional use permit application.......................................................................207

17.240.050 Findings for approval of conditional use permit. ....................................................209

17.240.060 Locational requirements. .....................................................................................209

17.240.070 Conditions of approval.........................................................................................209

17.240.080 Limitations on City's liability. ................................................................................212

17.240.090 Inspections. ........................................................................................................212 2889
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17.240.100 Enforcement........................................................................................................213 Chapter 17.245 Wireless Communication Facilities............................................................. 214

17.245.010 Purpose...............................................................................................................214

17.245.020 Exclusions ...........................................................................................................214

17.245.010 Concealed wireless communication facilities .......................................................214

17.245.020 Disguised wireless communication facilities.........................................................215

17.245.030 Co-locations and modifications to existing wireless communication facilities........215

17.245.040 Effect of location on public property......................................................................216

17.245.050 Effect on encroachment permit issuance..............................................................217

17.245.060 Processing requirements—New, co-location and modifications. ...........................217

17.245.070 Development standards. ......................................................................................220

17.245.080 Abandoned sites. .................................................................................................223 Chapter 17.250 Recycling Facilities..................................................................................... 224

17.250.010 Purpose...............................................................................................................224

17.250.020 Development standards. ......................................................................................224 Chapter 17.255 Performance Standards for Mini Warehouses/Self-Storage Facilities ............ 228

17.255.010 Purpose...............................................................................................................228

17.255.020 Permitted uses.....................................................................................................228

17.255.030 Development/Performance standards ..................................................................228 Chapter 17.260 Rural Event Venue ...................................................................................... 231

17.260.010 Purpose. ..............................................................................................................231

17.260.020 Rural Event Venue Application..............................................................................231

17.260.030 Development and Operational Standards .............................................................231

17.260.040 Inspections..........................................................................................................233

17.260.050 Public nuisance. ..................................................................................................233

17.260.060 Violations and penalties, enforcement. ................................................................234

17.260.070 Denial, suspension, and revocation of permits. ....................................................234 ARTICLE 6. DEFINITIONS................................................................................................... 236 Chapter 17.265 Universal Definitions. ................................................................................. 236

17.265.010 Purpose...............................................................................................................236

17.265.020 “A” Definitions......................................................................................................236

17.265.030 “B” Definitions .....................................................................................................239

17.265.040 “C” Definitions.....................................................................................................240

17.265.050 “D” Definitions.....................................................................................................244

17.265.060 “E” Definitions .....................................................................................................246

17.265.070 “F” Definitions .....................................................................................................247

17.265.080 “G” Definitions.....................................................................................................249 2890
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17.265.090 “H” Definitions ....................................................................................................250

17.265.100 “I” Definitions ......................................................................................................251

17.265.110 “J” Definitions ......................................................................................................253

17.265.120 “K” Definitions .....................................................................................................253

17.265.130 “L” Definitions .....................................................................................................253

17.265.140 “M” Definitions ....................................................................................................255

17.265.150 “N” Definitions ....................................................................................................258

17.265.160 “O” Definitions ....................................................................................................259

17.265.170 “P” Definitions.....................................................................................................260

17.265.180 “Q” Definitions ....................................................................................................263

17.265.190 “R” Definitions.....................................................................................................263

17.265.200 “S” Definitions .....................................................................................................266

17.265.210 “T” Definitions .....................................................................................................270

17.265.220 “U” Definitions.....................................................................................................271

17.265.230 “V” Definitions.....................................................................................................272

17.265.240 “W” Definitions....................................................................................................273

17.265.250 “X” Definitions .....................................................................................................274

17.265.260 “Y” Definitions .....................................................................................................274

17.265.270 “Z” Definitions .....................................................................................................275 2891
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TITLE 17: DEVELOPMENT CODE
ARTICLE 1. GENERAL PROVISIONS
Chapter 17.05 Purpose and Applicability

17.05.010 Title
This Title shall be known as the Wildomar Development Code, hereinafter referred to as Title.

17.05.020 Purpose and Intent
The intent of this Title is to set forth and coordinate city regulations governing the development and use of land in accordance with the Wildomar General Plan goals and policies. Title 17 is specifically intended to do the following:

A. Facilitate prompt review of development proposals and provide for public information, review, and comment on development proposals that may have a significant impact on the community.

1. Create a comprehensive and consistent pattern of land uses to help ensure the provision of adequate water, sewerage, transportation, drainage, parks, open space, and public facilities.

2. Create a complete multimodal transportation network that promotes pedestrian-oriented development, safe and effective traffic circulation, and adequate facilities for all transportation modes (e.g., walking, bicycling, driving, and using transit).

3. Ensure compatibility between residential and nonresidential development and facilitate the development of compatible mixed-use developments.

17.05.030 Scope of Regulations
The scope of regulations under this Title applies to all privately held property within the City of Wildomar and does not apply to federal-, state- or city-owned property.

A. Private Projects. All land, buildings, and structures in the city shall be used only as hereinafter provided:

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 of any kind under the provisions of this Title shall be established or operated until the permit or approval is finally granted and all required conditions of the permit or approval have been completed.

3. No use that requires a permit or approval of any kind under the provisions of this Title shall be established or operated in violation of, or contrary to, any of the terms and conditions of the granted permit or approval.
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4. The term “private project” shall include those projects of local agencies which are subject to City regulation under Government Code Sections 53090 to 53095 and shall also include any project proposed to be established or operated on government lands if the project is not primarily for a governmental purpose unless the government agency involved has exclusive jurisdiction or the field of regulation has been preempted by law.

B. Public Projects. No federal, state, county or city governmental project shall be subject to the provisions of this Title, including such projects operated by any combination of these agencies or by a private person for the benefit of any such government agency, unless the agency provides by contract or otherwise that the project shall be constructed or operated in compliance with any or all provisions of this Title.

17.05.040 Conflicting Regulations
If any section of this Title is in conflict with any other section thereof, or any other City ordinance, then the more stringent requirements shall apply.

17.05.050 City to be Held Harmless
Any person who obtains, or files an application to obtain, a permit or approval of any kind under the provisions of Title 17 shall hold the City, its officers, employees and agents harmless from any liability or claim of liability, damages, or injuries, 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. 2893
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Chapter 17.10 Planning Agency
Pursuant to Section 65100 et seq. of the Government Code, the planning agency for the City shall consist of the City Council, the Planning Commission and the Planning Department. The planning agency shall perform all functions required by state law and this Title.

17.10.010 City Council
The City Council shall consist of five (5) members elected in the manner provided by law. The Council shall perform the duties and functions specified by state law and this Title including, but not limited to, the duties related to legislative matters and the duties related to the appeal of quasi-judicial matters. The Council shall also perform those planning and zoning duties and functions which are not expressly delegated or reserved to another body or officer.

17.10.020 Planning Commission
The Planning Commission shall consist of five (5) members appointed by the City Council and shall perform those planning and duties specified by state law or code including, but not limited to, the duties related to legislative matters and the duties related to quasi-judicial matters and appeals thereof.

17.10.030 Planning Department
The Planning Department under the direction of the Community Development Director shall provide technical and clerical assistance to the Planning Commission and shall perform functions related to planning, land use, zoning, and land divisions as may be required by state law, ordinance or order of the City Council. The Community Development Director has the authority to make certain decisions on land use permits and entitlements as identified in this Title. 2894
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Chapter 17.15 Interpretation

17.15.010 Purpose
The purpose of this Chapter is to provide precision in the interpretation of this Title. The meaning and construction of words and phrases defined in this Chapter apply throughout this Title, except where the context indicates a different meaning.

17.15.020 Rules of Interpretation
The following rules of interpretation shall be used in the application of the terms, provisions, and requirements of this Title.

A. General Rules. The following general rules apply to the interpretation and application of this Title.

1. The goals and policies of the general plan.

2. In case of conflict between the text and a figure, illustration, heading, caption, diagram, or graphic, the text shall determine the City’s regulations.

3. Sections and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any section.

4. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:
a. “And” indicates that all connected words or provisions shall apply. b. “And/or” indicates that the connected words or provisions may apply singularly or in any combination.
c. “Or” indicates that the connected words or provisions may apply singularly or in any combination.
d. “Either… or” indicates that the connected words or provisions shall apply singularly but not in combination.

5. The words “shall”, “will”, “must”, and “is to” are always mandatory and not discretionary. “Should” is a regulation that is not mandatory but must be either fulfilled or the applicant must demonstrate an alternative that fulfills the intent of the regulation. “May” is permissive.

6. The present tense includes the past and future tense, and the future tense includes the past.

7. The singular number includes the plural, and the plural, the singular.

8. All references to departments, committees, commissions, boards, or other public agencies are to those of the City of Wildomar, unless otherwise indicated.

9. All references to public officials are to those of the City of Wildomar, and include designated deputies of such officials, unless otherwise indicated. 2895
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B. Calendar Days. All references to days are to calendar days, unless otherwise indicated. If a deadline falls on a weekend or holiday, or a day when the City offices are closed, it shall be extended to the next working day. The end of a time period shall be the close of business on the last day of the period (5:00 PM).

C. Definitions. The Community Development Director shall make the interpretation for any definition not expressly identified in this Title.

D. Minimum Requirements. All provisions of this Title are considered to be minimum requirements, unless specifically stated otherwise.

E. Calculations; Rounding. Where any provision of this Title requires calculation to determine applicable requirements, any fractional/decimal results of the calculation shall be rounded to the nearest whole number (0.5 or more is rounded up, less than 0.5 is rounded down).

F. Zone Boundaries. Where uncertainty exists with respect to the boundaries of the various zones as shown on the Official Zoning Map, the following rules shall apply:

1. District boundaries shown as approximately following the property line of a lot or an open space line shown on a map shall be construed to follow such lines.

2. Where a district boundary divides a lot, the location of the district boundary shall be determined by the Community Development Director. Such determinations shall not constitute amendment of the Official Zoning Map.

3. District boundaries shown as approximately following right-of-way lines of highways, streets or other identifiable boundary lines shall be construed to follow such right-of way or boundary lines.

4. District boundaries shown as lying within right-of-way lines of highways, streets, defined natural features or other identifiable boundary lines shall be construed to follow the centerline of such right-of-way or boundary lines.

5. District boundaries shown as lying at the edge of a mapped floodplain boundary line shall be construed to follow the adopted FEMA or DWR floodplain boundary or contour for the watercourse, as determined by the Community Development Director.

6. If the district classification of any land is in question, it shall be deemed to be in the most restrictive adjoining district.

7. If any uncertainty remains as to the location of a district boundary or other feature shown on the Zoning Map, the location shall be determined by the Community Development Director. Such determinations shall not constitute amendment of the Zoning Map. 2896
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Chapter 17.20 Legal Nonconforming Structures and Uses

17.20.010 Applicability and Purpose
A. This chapter shall apply to all nonconforming structures and uses.

B. This chapter is intended to limit the number and extent of nonconforming uses by prohibiting or limiting their enlargement, their re-establishment after discontinuance, and the alteration or restoration after destruction of the structures. More specifically, the intent of this chapter is to:

1. Limit the number and extent of nonconforming structures by prohibiting their relocation, alteration, or enlargement in a manner that would increase the nonconformity.

2. Prohibit the restoration of nonconforming uses and structures after destruction.

3. Prohibiting the non-conforming use whenever the nonconforming use ceases for a period of at least one (1) year.

17.20.020 Generally.

A. Any nonconforming structure or nonconforming use may be continued and maintained as provided in this chapter.

B. The following structures and uses shall be deemed nonconforming:

1. Any structure, the construction of which is incomplete at the time an amendment is adopted making the structure nonconforming, if:
a. A building permit has been legally issued for the structure; and b. Substantial construction has been performed on the site before the amendment making such structure nonconforming is adopted; and
c. The structure is completed in accordance with the plans and specifications upon which the building permit was issued.

2. Any use that is not yet established but for which an unexpired use permit or minor or major development permit was approved prior to the adoption of an amendment to Title 17, making such use nonconforming, so long as the use is established and maintained in accordance with any conditions of approval upon which the use permit or minor or major development permit was approved.

17.20.030 Continuation, transfer or sale
A nonconforming use, structure, or lot may be continued, transferred, or sold subject to the limitations set forth in this chapter. Restrictions and conditions affecting an existing nonconforming use, structure or lot shall apply and shall not be affected by ownership changes. 2897
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17.20.040 Verification of nonconforming structure or use.

When it is necessary to obtain from the City a written verification of the nonconforming status of a structure or use the following procedure shall apply:

A. Application. Every application for a determination of nonconforming use status shall be made in writing to the Community Development Director on the forms provided by the Planning Department, shall be accompanied by the filing fee as set forth in Chapter 3.44 (Fees), and shall include the following information:

1. Name, address and phone number of applicant (or representative) and the property owner;

2. Assessor’s parcel number of premises involved;

3. A site plan drawn in sufficient detail to clearly describe the following:
a. Physical dimensions of property,
b. Location and dimensions of all existing structures,
c. Setback dimensions,
d. Location and dimensions of all driveways, parking areas, landscape areas, fences and walls,
e. Location and dimensions of all adjacent roadways showing location of street centerline and all existing improvements such as sidewalks, curbs, gutters or curb cuts;

4. Panoramic photographs showing all sides of the on-site property, and adjacent off-site properties;

5. Current zoning (with change of zone case number) and date it was adopted and became effective;

6. Prior zoning designation;

7. Written statement of justification for the nonconforming subject use of the property;

8. Supporting documentation showing that the site has been in continuous use.

Documentation may include, but is not limited to: bills of sale, bills of lading, utility bills, property tax records, Board of Equalization records, Employment Development Department records, fictitious business statement, Articles of Incorporation, canceled business checks, sales receipts, rental or lease agreements, or licenses;

9. Such other information as determined necessary by the Planning Department.

B. Review and Notice of Decision. Not less than 30 days from acceptance of an application as complete, the Planning Department shall verify the current zoning and supporting documentation. If the nonconforming use or structure is substantiated, the Planning Department shall complete a certificate of nonconforming use which shall include the following information: assessor’s parcel number, situs address, nature of nonconforming use, expiration date, and such other information as deemed appropriate. If the subject use or structure is not able to be substantiated, the Planning Department shall prepare a letter of denial of the nonconforming use to include the following information: assessor’s parcel number, nature of nonconforming use, and justification for the denial of the request. 2898
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C. An appeal of the Planning Department’s determination may be pursued in accordance with Section 17.125.110 (Appeals) of this Title.

17.20.050 Continuation of nonconforming structures or uses.

A. Except as otherwise provided in this chapter, each and every nonconforming use may continue to be utilized and maintained, provided that there is no alteration, addition, enlargement or intensification to any such use or structure. Where an existing site improvement is nonconforming, nothing in this section shall prohibit minor site improvements that result in the reduction of this nonconformity.

B. A structure, the use of which is nonconforming, shall not be moved, altered, enlarged, or extended unless required by law, or unless the moving, alteration, extension, or enlargement will result in the elimination of the nonconformity, except as permitted by this chapter. If moved, the structure shall be made to conform to current local, state and federal codes.

17.20.060 Expansion of nonconforming structures or use.

The total square footage of an existing nonconforming structure or use, excluding mobile homes, may be expanded a maximum of 25% on the same parcel of land from the time the use was deemed nonconforming provided that structural alterations are of a minor nature and are necessary to improve or maintain the health or safety of occupants or are required by law or ordinance. Such expansion shall require issuance of a building permit only and shall not extend the period of nonconforming time in which the use must be eliminated.

17.20.070 Changes to a conforming use.

Any part of a structure or land occupied by a nonconforming use which is changed to or replaced by a use that conforms to the provisions of this Title as they apply to the particular zone shall not thereafter be used or occupied by a nonconforming use.

17.20.080 Discontinuance of nonconforming use.

A. Without any further action by the City, any part of a structure or land occupied by a nonconforming use, which use is discontinued for one (1) year or more, shall thereafter be used in conformity with the provisions of this Title and the nonconforming right shall be lost.

B. The determination of discontinuance shall be supported by evidence satisfactory to the Community Development Director.

C. An appeal of the Community Development Director’s determination that the use has lost its nonconforming status by discontinuance may be pursued in accordance with Section

17.125.110 (Appeals) of this Title.

D. The use of the site after the discontinuance or removal of a nonconforming use shall comply with all current requirements of this Title and the subject zoning- district. 2899
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17.20.090 Exceptions.

A. The provisions of this chapter shall not prevent the reconstruction, repairing, rebuilding or replacement and continued use of any nonconforming structure that is damaged by fire, explosion or acts of God, as provided by this chapter.

B. A nonconforming building or structure which is accidentally damaged pursuant to subsection A above may be repaired provided the cost of the repairs does not exceed fifty (50) percent of the assessed value of the repaired building or structure. Said cost and value shall be determined by the Chief Building Official.

C. Repairs made pursuant to this Section shall be made in conformance with the current regulations of this chapter to the maximum extent feasible, in the opinion of the Community Development Director, and shall fully comply with all other applicable laws and regulations.

This provision shall not be construed to require a reduction in intensity of use from that existing prior to the damage. The degree of nonconformity shall not be increased under any circumstances.

D. Routine maintenance and minor repairs may be performed on a nonconforming structure provided that the maintenance and repairs do not increase any nonconformity.

17.20.100 Minimum age requirement—Exception.

Whenever dwelling units in an area are zoned, as part of a senior citizen development, for permanent occupancy only by persons above a minimum age, any person below the minimum age requirement residing in a dwelling unit in the area at the time the zone classification becomes effective is not subject to the age restriction and may continue residency in the dwelling unit for an unlimited period of time. The right to continue such occupancy is not transferable to any other person.

17.20.110 Nonconforming designation restricted.

The provisions of this section apply to structures and uses which become nonconforming by reason of the adoption of the ordinance codified in this chapter or any amendment thereof, as of the effective date of such adoption or amendment. No use shall be deemed to have become nonconforming by virtue of decreased lot size resulting solely from the acquisition of any portion of the lot for public road or storm or drainage channel purposes or the adoption of any specific plan for such purpose.

17.20.120 Illegally existing nonconforming uses, lots, and structures.

Uses of land, lots, or structures that were created in violation of the Wildomar Municipal Code, state law, federal law, development code, subdivision regulations, or building code in effect at the time the use was established are presumed to be in violation of the current regulations and illegally existing with no vested rights. The land use must be brought into conformance with the current standards of this Title, not the standards in effect at the time the use was illegally initiated. 2900
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ARTICLE 2. ZONING DISTRICTS AND ALLOWABLE LAND USES
Chapter 17.25 Establishment of Zones

17.25.010 Purpose
This chapter establishes the zones applied to property within the City, the relationship of the Zoning Map to the General Plan Land Use Map and establishes the Zoning Map.

17.25.020 List of Zones
For the purpose of providing a uniform basis for zoning, the following zone classifications, referred to alternatively herein as zones, may be applied to the lands in the City of Wildomar.

Table 17.25.020-1 Zoning and Implementing General Plan Land Use Designations Zone Designation Name Implementing General Plan Land Use Designation
R-M Residential Mountainous RM Rural Mountainous
R-A Residential Agricultural LLR Large Lot Residential
R-R Rural Residential
EDR,
VLDR,
LDR
Estate Density Residential
Very Low Density Residential
Low Density Residential
R-1 Residential Low MDR Medium Density Residential
R-2 Residential Medium
MHDR
HDR
Medium High Density Residential
High Density Residential
R-3 Residential Medium High VHDR Very High Density Residential R-4 Residential High HHDR Highest Density Residential
R-T Mobilehome Subdivisions and
Mobilehome Park Any residential designation
PRD Planned Residential Development Any residential designation C-G Commercial General
CO
CR
Commercial General
Commercial Highway
C-H Commercial Highway
CO
CR
Commercial General
Commercial Highway
M-C Medical Center LI Light Industrial
M-I Manufacturing/Industrial BP, LI Business Park or Light Industrial O-S Open Area Combining Zone
OS-R
OS-CH
Open Space Recreation
Open Space Conservation Habitat
MUL Mixed Use Low MUL Mixed Use Low
MUH Mixed Use High MUH Mixed Use High
P-F Public Facilities P-F Public Facilities
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17.25.030 Zoning Map Established
The City Council hereby adopts the City of Wildomar Zoning Map (hereafter referred to as the “Zoning Map”), which is on file with the Planning Department. The Zoning Map is hereby incorporated into this Title by reference as though it were fully included here. The Zoning Map shall be interpreted in compliance with Chapter 17.15.020 (Interpretation) and amended in compliance with Chapter 17.145 (Development Code and Map Amendments).

17.25.040 Zone Classification Boundaries
Where uncertainty exists as to the boundaries of any zone classification, the following rules shall apply:

A. Where boundaries are indicated as approximately following street lines, alley lines, or lot lines, such lines shall be construed to be boundaries.

B. Where boundaries divide lots, the location of such boundaries shall be determined by use of the scale appearing on the underlying map, unless the boundaries are indicated by specific dimensions.

C. If any public street, alley or other right-of-way is vacated or abandoned, the land formerly in such street, alley or right-of-way shall be included within the boundaries of the zone classification applicable to the adjoining property on each side. In the event such street, alley or right-of-way was a zone classification boundary, the new zone classification boundary shall be the former center line of such street, alley or right-of-way. 2902
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Chapter 17.30 Agriculture and Rural Residential Zones

17.30.010 Purpose
The purpose of this chapter is to establish agricultural and rural zones that provide appropriate locations for agricultural, rural mountainous, rural residential uses. These zones are consistent with and implement the city’s General Plan land use designations, as shown in Table 17.25.020-1.

17.30.020 Allowed Uses and Approval Requirements
A. Allowed Uses Table. Table 17.30.020-1 identifies allowed uses and corresponding approval requirements for the agricultural and rural zones subject to compliance with all other provisions of this Title. Descriptions/definitions of many of the land uses can be found in Article 6, (Definitions), of this Title.

B. Approval Requirements.

1. Where indicated with a letter “P” the use shall be a permitted use by right, and subject to compliance with all applicable provisions of this Title.

2. Where indicated with a letter “C” the use shall be conditionally permitted subject to the approval of a conditional use permit, described in Chapter 17.80 (Conditional Use Permits).

3. Where indicated with a “--,” the use is prohibited within the zone.

4. The Additional Requirements column in the table identifies additional use regulations for specific uses and/or the specific chapter or section where additional regulations for that use type are located within this Title, where applicable. Uses for which additional requirements are listed shall be allowed only upon satisfaction of the specified additional requirements. Under no circumstances shall authorize a use without satisfaction of such specified additional requirements
C. Unlisted Uses. The allowed use tables of this Title may not include all possible uses. When a specific use is not listed and it is unclear whether the use is permitted by right, permitted conditionally, or prohibited, the Community Development Director or designee appointed by the City Manager may make a determination , consistent with Chapter 17.100 (Similar Use Determination), that new uses not listed here that have substantially similar characteristics to specific listed permitted uses may be considered permitted as the similar use by right, or conditionally as appropriate.

D. Uses on Vacant Lots. A Minor or Major Development Review is required for approval when a permitted or conditionally permitted use is proposed for a vacant lot. A Minor or Major Development Review is not required for approval when a permitted or conditionally permitted use is proposed for an existing building.
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Table 17.30.020- 1: Agricultural and Rural Residential Zones - Allowed Uses and Approval Requirements
Allowed Use R-A R-M R-R Additional
Requirements
Agriculture Uses
Animal keeping, non-commercial P P P Section 17.225.030 Animal keeping, commercial P P P Section 17.225.040
Animal grazing P P P Section 17.225.070
Apiary (non-commercial) P P P
Commercial breeding operations C C C
Dairy farms C C C
Farm stand, permanent as part of the main use P P P
Farm stand, temporary P P P
Feed and grain sales P P P
Field crops, propagation, and cultural
purposes
P P P
Mink farms C C C
Livestock auction and saleyards C C C
Menageries C C C
Nurseries P P P
Orchards P P P
Outside storage of materials in conjunction
with a farm P -- --
Packaged dry fertilizer storage, not including
processing C C C
Pen fed cattle operations C C C
Residential Uses
Accessory buildings P P P
Accessory dwelling unit P P P Chapter 17.195
Agricultural/Farmworker housing P P P
Dwelling, single-family P P P
Family daycare, large P P P
Family daycare, small P P P
Mobilehome park C C C
Planned residential development C C C
Residential care facilities P P P
Supportive housing P P P
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Table 17.30.020- 1: Agricultural and Rural Residential Zones - Allowed Uses and Approval Requirements
Allowed Use R-A R-M R-R Additional
Requirements
Transitional housing P P P
Recreation and Community
Animal hospitals, large and small C C C
Fishing lakes, commercial and noncommercial P P P
Fraternal lodges P P P
Hunting clubs -- C --
Nursery schools for preschool day care and
childcare C C C
Picnic and campgrounds -- P P
Public parks and playgrounds P C C
Recreational vehicle parks C C
Religious institution P P P
Schools, private P P P
Sports and recreational facilities (including
tennis, polo clubs, archery ranges, athletic
fields, golf driving ranges, miniature golf,
skating rinks and commercial swimming pools
-- C C
Business Operations and Services Uses
Antique stores -- C C
Arts, crafts and curio stores -- P P
Bakery shops, including baking only when
incidental to retail sales on the premises -- P P
Barber shops and beauty shops -- P P
Bed and breakfast lodging C Chapter 17.260
Cemetery, pet or human -- C C
Commercial fairgrounds -- C C
Commercial stables and riding academies C C C
Community center -- -- C Chapter 17.260
Commercial event center -- -- C Chapter 17.260
Rural events center -- -- C Chapter 17.260
Equipment rental services -- C C
Events & Uses, Temporary P P P Chapter 17.105
Feed and grain sales -- C C
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Table 17.30.020- 1: Agricultural and Rural Residential Zones - Allowed Uses and Approval Requirements
Allowed Use R-A R-M R-R Additional
Requirements
Food, meat, poultry and produce markets -- C C
Fruit and vegetable packing plants and similar
uses -- C C
Garden supply stores -- P P
Golf courses (public or private), including
clubhouses; Driving ranges (as part of golf
course or separate)
C C C
Guest ranches -- P P
Hardware stores -- C C
Home based business P P P Chapter 17.110
Lumber production of a commercial nature,
including commercial logging or commercial
development of timber and lumber mills
-- C C
Nonprofit clubs and social lodge halls C C C
Outdoor film studios -- C C
Pet shops and pet supply shops -- P P
Racetracks, horses only -- C C
Radio broadcasting stations -- P P
Real Estate Offices, temporary with associated
subdivision tract P P P
Refreshment stand, permanent C C C
Restaurants and other eating establishments C C
Retail pharmacies C C
Rifle, pistol, skeet, or trapshooting ranges C C
Rodeo arenas C C
RV and boat storage (excludes mini storage) C C C
Television broadcasting stations, antennas,
and cable installations, and microwave relay
stations.
-- C C
Trail bike parks C C C
Water works facilities, for production and
distribution of water for irrigation purposes. -- C C
Winery, with onsite vineyard P P P
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17.30.030 Development Standards
The development standards listed below are the minimum standards for development within the respective zones.

Table 17.30.030-1: Agricultural and Rural Residential Zones - Development Standards Development Standards R-A R-M R-R
Lot Dimensions (Minimum)
Lot Size 21,780 sf (1/2 acre) 10 acres 21,780 sf (1/2 acre) Lot Width 80 ft 100 ft 80 ft
Lot Width – Flag Lot 20 ft 20 ft --
Lot Depth 100 ft
3 100 ft3 100 ft
Frontage 100 ft 100 ft --
Frontage for flag lot 60 ft 60 ft --
Frontage for a cul-de-sac or
knuckle 40 ft 40 ft --
Setbacks
Front Yard 20 ft 20 ft 20 ft
Side Yard – Corner
10 ft / where the lot is
less than 50 feet wide
the yard need not
exceed 20% of the width
of the lot.
10 ft
10 ft (where the lots 70
feet in width or greater;
if the width of the lot is
less than 70 feet, a
minimum of 5 feet is
necessary.)
Side Yard– Interior
10% / Not less than 3
feet in width in any event
and need not exceed a
width of 5 feet.
10% / Not less than 3
feet in width in any event
and need not exceed a
width of 5 feet.
5 ft (where the lots 70
feet in width or greater;
if the width of the lot is
less than 70 feet, a
minimum of 5 feet is
necessary.)
Side Yard – Street 10 ft 10 ft 10 ft
Rear Yard 10 ft 10 ft
20 ft /
(Not less than 10 ft for a
detached accessory
building on the same lot)
Height
Primary Building (ft) 40 ft 40 ft
40 ft
When any zone
classification provides
that an application for a
greater height limit may
be made pursuant to
Section 17.150.020
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Table 17.30.030-1: Agricultural and Rural Residential Zones - Development Standards Development Standards R-A R-M R-R
Building shall not
exceed 75 feet in height
or any other structure
exceed 105 feet in
height, unless a
variance is approved
pursuant to Chapter

17.70. Other
Encroachments No structural encroachments shall be permitted in the front, side or rear yard except as provided for in Section 17.150.040.

Parking Refer to Chapter 17.155.

Maximum Lot Coverage 50% 50% --
Density Established by the Wildomar General Plan Land Use Designation. 2908
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PAGE 18
Chapter 17.35 Residential Zones

17.35.010 Purpose
The purpose of this chapter is to establish residential districts in the city that provide appropriate locations for low density residential, medium density residential, and high density residential. These zones are consistent with and implement the city’s General Plan land use designations, as shown in Table 17.25.020-1.

17.35.020 Allowed Uses and Approval Requirements
A. Allowed Uses Table. Table 17.35.020-1 identifies allowed uses and corresponding approval requirements for the agricultural and rural zones subject to compliance with all other provisions of this Title. Descriptions/definitions of many of the land uses can be found in Article 6, (Definitions), of this Title.

B. Approval Requirements.

1. Where indicated with a letter “P” the use shall be a permitted use by right, and subject to compliance with all applicable provisions of this Title.

2. Where indicated with a letter “C” the use shall be conditionally permitted subject to the approval of a conditional use permit, described in Chapter 17.80 (Conditional Use Permits).

3. Where indicated with a “--,” the use is prohibited within the zone.

4. The Additional Requirements column in the table identifies additional use regulations for specific uses and/or the specific chapter or section where additional regulations for that use type are located within this Title, where applicable. Uses for which additional requirements are listed shall be allowed only upon satisfaction of the specified additional requirements. Under no circumstances shall Table 17.35.020-1 authorize a use without satisfaction of such specified additional requirements.

C. Unlisted Uses. The allowed use tables of this Title may not include all possible uses. When a specific use is not listed and it is unclear whether the use is permitted by right, permitted conditionally, or prohibited, the Community Development Director or designee appointed by the City Manager may make a determination , consistent with Chapter 17.100 (Similar Use Determination), that new uses not listed here that have substantially similar characteristics to specific listed permitted uses may be considered permitted as the similar use by right, or conditionally as appropriate.

D. Uses on Vacant Lots. A Minor or Major Development Review is required for approval when a permitted or conditionally permitted use is proposed for a vacant lot. A Minor or Major Development Review is not required for approval when a permitted or conditionally permitted use is proposed for an existing building.
2909
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PAGE 19
Table 17.35.020-1: Residential Zones - Allowed Uses and Approval Requirements Allowed Use R-1 R-2 R-3 R-4 R-T Additional
Requirements
Agricultural Uses
Animal Keeping, Noncommercial P P P P P Section 17.225.030 Animal Keeping, Commercial P P P P -- Section 17.225.040 Animal Grazing Section 17.225.070
Field crops, propagation, and culture
purposes

P P P P P
Residential Uses
Accessory buildings P P P P P
Accessory dwelling units P P P P P Chapter 17.195
Boarding, rooming and lodging houses. -- -- P P --
Congregate care residential facilities -- C C C -- Chapter 17.205 Dwelling, Single Family P P -- -- P
Dwelling, Multiple Family -- P P P --
Family Daycare, Large P P P P P
Family Daycare, Small P P P P P
Agricultural/Farmworker housing P P P P P Section 17.200.040 Mobile Home Parks and Mobile Home
Subdivisions
-- P P -- C Chapter 17.210
Planned residential developments C C C C -
Residential Care Facilities P P P P P Chapter 17.205
Supportive housing P P P P P Section 17.200.020
Transitional housing P P P P P Section 17.200.020
Recreation, Education, and Public Uses
Community recreation facilities, as part
of the subdivision development.

P P P P P
Educational institutions, P P P P --
Fraternity and Sorority houses -- P P P --
Libraries, museums, post office, art
galleries
-- P P P --
Nursery Schools for Preschool Day Care
and Childcare
-- C C C --
Private schools P -- -- -- --
Religious Institutions P -- -- -- --
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Table 17.35.020-1: Residential Zones - Allowed Uses and Approval Requirements Allowed Use R-1 R-2 R-3 R-4 R-T Additional
Requirements
Business Operations and Service Uses
Home based business P P P P P Chapter 17.110
Nonprofit clubs and social lodge halls -- C C C --
Parking lots and parking structures -- -- P P P Chapter 17.155 Public parks and public playgrounds,
golf courses with standard length
fairways, and County clubs

P P P P --
Real Estate Offices, temporary with
associated subdivision tract

P P P P P
Personal RV and boat storage areas as
part of an approved mobile home park.
-- -- -- -- C

17.35.030 Development Standards
The development standards listed below are the minimum standards for development within the respective zones.

Table 17.35.030-1 Residential Zones Development Standards Development
Standards
R-1 R-2 R-3 R-4 R-T
Lot Dimensions (Minimum)
Lot Size
No structural
encroachments shall
be permitted in the
front, side or rear yard
except as provided for
in Section 17.150.040
7,200 sf 7,200 sf 7,200 sf 7,200 sf
Minimum lot size of
3,600 square feet,
with a minimum
average width of 40
feet and a minimum
frontage of not less
than 30 feet, if
community open
areas or recreational
facilities or a
combination thereof,
are developed as a
part of the
subdivision.

Lot Width 60 ft 60 ft 60 ft 60 ft 60 ft / 40 ft
Lot Width - flag lot 20 ft -- -- --
Access strip to a
street not less than
20 feet wide and not
exceeding 150 feet in
length.
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Table 17.35.030-1 Residential Zones Development Standards Development
Standards
R-1 R-2 R-3 R-4 R-T
Lot Depth 120 ft 120 ft 120 ft 120 ft 100 ft
Frontage 60 ft 60 ft -- -- 45 ft/30 ft
Frontage for flag
lot 60 ft -- -- -- --
Frontage for a culde-sac or knuckle 35 ft 35 ft
Setbacks (Minimum)
Front Yard 20 ft
20 feet for the
first story, and
25 feet for
two-stories
and above.
20 feet for the
first story, and
25 feet for twostories and
above.
20 feet for the
first story, and
25 feet for twostories and
above.
20 ft / may be
reduced on interior
streets to 10 feet if
community
recreation areas are
developed as a part
of the subdivision.

Side Yard – Corner
10 ft / where the
lot is less than 50
feet wide the yard
need not exceed
20% of the width
of the lot.
10 ft / where
the lot is less
than 50 feet
wide the yard
need not
exceed 20% of
the width of
the lot.
15 ft 15 ft --
Side Yard –
Interior
10%/ Not less
than 3 feet in
width in any event
and need not
exceed a width of
5 feet.
10%/ Not less
than 3 feet in
width in any
event and
need not
exceed a
width of 5 feet.
15 ft 15 ft 5 ft
Side Yard– Street 10 ft 15 ft 15 ft 15 ft 10 ft
Rear Yard 10 ft
15 ft / 20 ft if
building or
structure is
adjacent to a
single-family
residential
zone
15 ft / 20 ft if
building or
structure is
adjacent to a
single-family
residential zone
15 ft / 20 ft if
building or
structure is
adjacent to a
single-family
residential
zone.
5 ft
Building
Separation 7 ft. 10 ft 10 ft 10 ft --
Height (Maximum)
Primary Building
(ft) 40 ft 40 ft 50 ft 50 ft 40 ft
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Table 17.35.030-1 Residential Zones Development Standards Development
Standards
R-1 R-2 R-3 R-4 R-T
Other
Encroachments
No structural
encroachments
shall be
permitted in the
front, side or rear
yard except as
provided for in
Section 17.150.0
40 -- 2:1 FAR 2:1 FAR
No structural
encroachments shall
be permitted in the
front, side or rear
yard except as
provided for in
Section 17.150.040
Parking
Automobile
storage space
shall be provided
as required by
Chapter 17.155.

On-street
parking shall
not count
towards
meeting this
requirement.

On-street
parking shall
not count
towards
meeting this
requirement.
--
Maximum Lot
Coverage 40% 40% 50% 50% 40%
Density Established by the General Plan Land Use Designation. 2913
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PAGE 23
Chapter 17.40 Commercial and Mixed-Use Zones

17.40.010 Purpose
The purpose of this chapter is to establish residential districts in the city that provide appropriate locations for commercial and mixed-use developments. These zones are consistent with and implement the city’s General Plan land use designations, as shown in Table 17.40.020-1.

17.40.020 Allowed Uses and Approval Requirements
A. Allowed Uses Table. Table 17.40.020-1 identifies allowed uses and corresponding approval requirements for the agricultural and rural zones subject to compliance with all other provisions of this Title. Descriptions/definitions of many of the land uses can be found in Article 6, (Definitions), of this Title.

B. Approval Requirements.

1. Where indicated with a letter “P” the use shall be a permitted use by right, and subject to compliance with all applicable provisions of this Title.

2. Where indicated with a letter “C” the use shall be conditionally permitted subject to the approval of a conditional use permit, described in Chapter 17.80 (Conditional Use Permits).

3. Where indicated with a “--,” the use is prohibited within the zone.

4. The Additional Requirements column in the table identifies additional use regulations for specific uses and/or the specific chapter or section where additional regulations for that use type are located within this Title, where applicable. Uses for which additional requirements are listed shall be allowed only upon satisfaction of the specified additional requirements. Under no circumstances shall Table 17.40.020-1 authorize a use without satisfaction of such specified additional requirements
C. Unlisted Uses. The allowed use tables of this Title may not include all possible uses. When a specific use is not listed and it is unclear whether the use is permitted by right, permitted conditionally, or prohibited, the Community Development Director or designee appointed by the City Manager may make a determination , consistent with Chapter 17.100 (Similar Use Determination), that new uses not listed here that have substantially similar characteristics to specific listed permitted uses may be considered permitted as the similar use by right, or conditionally as appropriate.

D. Uses on Vacant Lots. A Minor or Major Development Review is required for approval when a permitted or conditionally permitted use is proposed for a vacant lot. A Minor or Major Development Review is not required for approval when a permitted or conditionally permitted use is proposed for an existing building.
2914
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Table 17.40.020-1: Commercial and Mixed-Use Zones -
Allowed Uses and Approval Requirements
Allowed Use C-G C-H MUL MUH Additional
Requirements
Automotive and Vehicular Uses
Automobile repair garages C C C C
Automobile parts and supply stores P P P P
Automobile sales and rental agencies,
including travel trailers, mobilehomes and
recreational vehicles sales.

P P P P
Automobile service stations, with or without
concurrent sale of beer and wine. C C -- --
Bicycle sales and rentals P P P P
Boat and other marine sales, rentals and
services C P P P
Car washes, of any kind C C C C
Golf cart sales and service P P P P
Fuel station C C C C
Mobilehome sales and storage, trailer sales
and rental house trailers C P P P
Parking lots and parking structures P P P P Chapter 17.155 Recreational vehicle and boat storage C C -- -- Chapter 17.155.070 Sale, rental, repair or demonstration of
motorcycles, scooters or motorbikes, and the
like.

C P P P
Tire sales and service, recapping prohibited C C C C
Large truck, bus, farm equipment, and trailer
service C C C C
Large truck, bus, farm equipment, and trailer
sales P P P P
Entertainment
Art gallery, library, reading room, museum P P P P
Auditoriums and conference rooms P P P P
Billiard and pool halls, with or without alcohol
sales C C C C
Bowling alleys P P P P
Day spas (facials, waxing, skin treatments,
and similar services not including massage) P P P P
Game arcades (including Internet gaming) P P P P
2915
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Table 17.40.020-1: Commercial and Mixed-Use Zones -
Allowed Uses and Approval Requirements
Allowed Use C-G C-H MUL MUH Additional
Requirements
Roller/ice rink P P P P
Assembly halls C C C C
Drive-in theaters C C C C
Health and exercise centers C C C C
Sports and recreational facilities (indoor) P P P P
Sports and recreational facilities (outdoor) C C C C
Vendor Fair/Open-Air Market Event P P P P Chapter 17.105 Movie theaters, not including drive-ins C C C C
Tourist information centers P P P P
Events & Uses, Temporary P P P P Chapter 17.105
Food Sales and Restaurants
Bakery goods distributors P P P P
Bakery shops P P P P
Bars and cocktail lounges C C C C Chapter 17.235
Catering services P P P P
Drive-through restaurants/eating
establishments

C C C C
Microbrewery P P P P
Brewery P P P P
Winery P P P P
Distillery P P P P
Confectionery or candy stores P P P P
Delicatessens P P P P
Food markets and frozen food lockers P P P P
Grocery stores, produce markets, dry goods,
health food, and variety stores P P P P
Ice cream shops P P P P
Liquor stores P P P P Chapter 17.235
Meat and poultry markets, not including
slaughtering or live sales P P P P
Refreshment stands, temporary P P P P Chapter 17.105
2916
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Table 17.40.020-1: Commercial and Mixed-Use Zones -
Allowed Uses and Approval Requirements
Allowed Use C-G C-H MUL MUH Additional
Requirements
Restaurants and other eating establishments,
with or without alcohol sales (not including
drive through)

P P P P
Medical Uses
Ambulance services C C C C
Animal hospitals (with boarding facilities) C C C C
Health Clinics, all kinds P P P P
Congregate care residential facilities C C C C
Drug stores P P P P
Mortuaries C C C C
Pharmacies P P P P
Urgent care clinics C C C C
Veterinary medical clinics (no boarding) P P P P
Retail
Antique shops P P P P
Appliance stores, household P P P P
Art supply shops and studios P P P P
Book stores P P P P
Building materials sales yards C C C C
Cannabis retailers C C C C Chapter 17.240
Ceramic sales and manufacturing for on-site
sales

P P P P
Clothing stores P P P P
Clothing, shoe, shoe repair and leather goods
stores

P P P P
Convenience stores, including the sale of
motor vehicle fuel

C C C C
Convenience stores, not including the sale of
motor vehicle fuel

P P P P
Department stores P P P P
Mercantile and feed stores P P P P
Florists’ shops P P P P
Gift shops, antique, curio, and art supply
shops

P P P P
2917
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Table 17.40.020-1: Commercial and Mixed-Use Zones -
Allowed Uses and Approval Requirements
Allowed Use C-G C-H MUL MUH Additional
Requirements
Hardware stores P P P P
Hobby shops P P P P
Household goods sales (i.e., furniture stores) P P P P
Ice sales, not including ice plants P P P P
Interior decorating shops P P P P
Jewelry stores, including incidental repairs P P P P
Leather goods stores P P P P
Lumber yards, sales only C C C C
Mail order businesses P P P P
Music stores P P P P
News stores P P P P
Notions or novelty stores, excluding porn
shops P P P P
Nurseries and garden supply stores P P P P
Paint and wallpaper stores, retail only P P P P
Pawn shops P P P P
Pet and pet supply shops P P P P
Plumbing, electrical shops, etc. sales only P P P P
Shoe stores and repair shops P P P P
Sporting equipment, gun, bait and tackle, and
equestrian shops P P P P
Stationery stores P P P P
Swap meets C -- -- --
Tobacco retailing businesses, hookah lounges
and vapor lounges C C C C
Toy shops, excluding porn shops P P P P
Small equipment sales and rental, including
incidental repairs P P P P
Wholesale businesses with samples on the
premises but not including storage P P P P
2918
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PAGE 28
Table 17.40.020-1: Commercial and Mixed-Use Zones -
Allowed Uses and Approval Requirements
Allowed Use C-G C-H MUL MUH Additional
Requirements
Professional and Personal Services
Auction houses P N/A N/A N/A
Administrative and professional offices
including business, law, medical, dental,
chiropractic, architectural, engineering,
community planning, real estate, etc.

P P P P
Banks and financial institutions P P P P
Employment agencies P P P P
Laboratories, film, dental, medical, research
or testing P P P P
Real estate sales offices P P P P
Barber and beauty shops P P P P
Blueprint and duplicating services P P P P
Child day care centers C C C C
Cleaning and dyeing shops P P P P
Costume design studios P P P P
Equipment rental yards and services C C C C
Fortune telling, spiritualism, or similar activity P P P P Laundries and laundromats P P P P
Dry cleaning shops P P P P
Locksmith shops P P P P
Massage parlors, Turkish baths, health
centers and similar personal service
establishments
P P P P Chapter 5.36
Photography shops and studios and photo
engraving P P P P
Post offices, private and USPS P P P P
Printers or publishers P P P P
Recording studios P P P P
Nail/manicure shop P P P P
Stained glass assembly P P P P
Studios for professional work in or teaching of
any form of fine arts, P P P P
Tailor shops P P P P
2919
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PAGE 29
Table 17.40.020-1: Commercial and Mixed-Use Zones -
Allowed Uses and Approval Requirements
Allowed Use C-G C-H MUL MUH Additional
Requirements
Travel agencies P P P P
Watch repair shops P P P P
Religious, Educational, Labor, and Congregational Uses
Churches, temples, and other places of
religious worship

C C C C
Libraries P P P P
Fraternal lodges, assembly and community
halls P P P P
Schools, business and professional, private C C C C
Hospitality
Bed and breakfast uses P P P P Chapter 17.260
Hotels, resort hotels and motels P P P P
Public Services and Utilities
Bus stations, including taxi and rail P P P P
Underground bulk fuel storage C C C C
Heliports C C C C
Residential Uses
Accessory dwelling unit P -- P P Chapter 17.195
Mobilehomes P -- -- --
Dwelling, multifamily -- -- P P
Supportive housing -- -- P P Section 17.200.020
Transitional housing -- -- P P Section 17.200.020
2920
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PAGE 30

17.40.030 Development Standards - Commercial
The development standards listed below are the minimum standards for development within the respective zones.

Table 17.40.030-1 Commercial Zones - Development Standards Development Standards C-G C-H
Lot Dimensions (Minimum)
Lot Size 3,600 S.F. 3,600 S.F.

Lot Width 60 ft. 60 ft.

Lot Width - flag lot -- --
Lot Depth 60 ft. 60 ft.

Setbacks
Front
10 ft.

Any portion of a commercial building
which exceeds 35 feet in height shall
be set back from the front, rear and
side lot lines not less than two feet for
each foot by which the height exceeds
35 feet.
25 ft
Side Yard – Corner 10 ft 10 ft
Side Yard – Interior 5 ft 5 ft
Side – Street 10 ft 10 ft
Rear Yard 10 ft. including when abutting
residential zone. --
Height
Primary Building 50 ft 50 ft
Other
Encroachments
6 ft solid masonry wall or
combination landscaped earthen
berm and masonry wall shall be
constructed on each property line
that adjoins any parcel specifically
zoned for residential use.
6 ft solid masonry wall or
combination landscaped
earthen berm and masonry wall
shall be constructed on each
property line that adjoins any
parcel specifically zoned for
residential use.

Parking
Automobile storage space shall be
provided as required by
Chapter 17.155.

Automobile storage space shall
be provided as required by
Chapter 17.155.

Maximum Lot Coverage 50% 50%
Residential Density Established by the Wildomar General Plan 2921
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PAGE 31

17.40.040 Development Standards – Mixed Use
The development standards listed below are the minimum standards for development within the respective zones.

Table 17.40.040-1 Mixed Use Zones – Development Standards

DEVELOPMENT REQUIREMENTS FOR MIXED USE ZONES
General Requirements

MUL MUH
Vertical
Mixed
Use
Multifamily
Residential Commercial
Vertical
Mixed
Use
Multifamily
Residential Commercial
Lot Dimensions (Minimum)
Lot Width 40 ft 80 ft
Lot Width - flag lot 40 ft 80 ft
Development Intensity
Floor area ratio (FAR),
maximum for nonresidential uses.

FAR does not apply to
residential uses.

1.5 1.5 1.0 2.0 2.0 1.0
Dwelling units per acre,
minimum (vertical mixeduse projects have no
minimum dwelling units per
acre standard)
0 5 — 30 30 —
Dwelling units per acre,
maximum 30 30 — 40 40 —
Setbacks
Front yard setback
(min/max) 10/15 ft 10/15 ft 10-15 ft 10/15 ft 10/15 ft 10/15 ft Width of frontage building to
maintain minimum setback 70% 60% 70% 80% 75% 80%
Maximum interior side yard
setback (min/max) except
where fire department
access shall be required,
maximum side yard setback
shall be no less than
required by the fire
department
10/15 ft 10/15 ft 10/15 ft 10/15 ft 10/15 ft 10/10 ft
Minimum side yard abutting
non-mixed use residential
designated zones
15 ft
2922
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PAGE 32
Table 17.40.040-1 Mixed Use Zones – Development Standards

DEVELOPMENT REQUIREMENTS FOR MIXED USE ZONES
General Requirements

MUL MUH
Vertical
Mixed
Use
Multifamily
Residential Commercial
Vertical
Mixed
Use
Multifamily
Residential Commercial
Street side setback
(min/max) 10/15 ft 10/15 ft 10/15 ft 10/15 ft 10/15 ft 10/15 ft Minimum rear yard setback
except where fire
department access shall be
required, maximum side
yard setback shall be no less
than required by the fire
department
20 ft 20 ft 20 ft 20 ft 20 ft 20 ft
Minimum rear yard setback
abutting non-mixed use
residential zones
15 ft 15 ft 15 ft 15 ft 15 ft 15 ft
Height
Building and structure
height, maximum 60 ft (excluding architectural features, parapets, etc.) Other
Minimum step back above
35-ft. building height
Minimum 10-ft. step back above 35-ft. building height shall apply to the following:

1. Along primary street frontage.

2. Along property lines that are adjacent to non-mixed use residential designated zoned properties.

Minimum landscaping
requirement 15% of the parcel
Minimum ground floor
commercial requirement for
mixed-use projects
10% or 1,500 gross sq. ft. of ground floor per project site, whichever is less.

Shall not apply to residential only projects in MUL zone. 2923
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PAGE 33
Chapter 17.45 Manufacturing/Industrial and Medical Center Zones

17.45.010 Purpose
The purpose of this chapter is to establish districts in the city that provide appropriate locations for manufacturing, industrial, medical center uses, as well as related service and commercial uses.

These zones are consistent with and implement the city’s General Plan land use designations, as shown in Table 17.45.020-1.

17.45.020 Allowed Uses and Approval Requirements
A. Allowed Uses Table. Table 17.45.020-1 identifies allowed uses and corresponding approval requirements for the agricultural and rural zones subject to compliance with all other provisions of this Title. Descriptions/definitions of many of the land uses can be found in Article 6, (Definitions) of this Title.

B. Approval Requirements.

1. Where indicated with a letter “P” the use shall be a permitted use by right, and subject to compliance with all applicable provisions of this Title.

2. Where indicated with a letter “C” the use shall be conditionally permitted subject to the approval of a conditional use permit, described in Chapter 17.80 (Conditional Use Permits).

3. Where indicated with a “--,” the use is prohibited within the zone.

4. The Additional Requirements column in the table identifies additional use regulations for specific uses and/or the specific chapter or section where additional regulations for that use type are located within this Title, where applicable. Uses for which additional requirements are listed shall be allowed only upon satisfaction of the specified additional requirements. Under no circumstances shall Table 17.45.020-1 authorize a use without satisfaction of such specified additional requirements.

C. Unlisted Uses. The allowed use tables of this Title may not include all possible uses. When a specific use is not listed and it is unclear whether the use is permitted by right, permitted conditionally, or prohibited, the Community Development Director or designee appointed by the City Manager may decide , consistent with Chapter 17.100 (Similar Use Determination), that new uses not listed here that have substantially similar characteristics to specific listed permitted uses may be considered permitted as the similar use by right, or conditionally as appropriate.

D. Uses on Vacant Lots. A Minor or Major Development Review is required for approval when a permitted or conditionally permitted use is proposed for a vacant lot. A Minor or Major Development Review is not required for approval when a permitted or conditionally permitted use is proposed for an existing building.
2924
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PAGE 34
Table 17.45.020-1: Manufacturing/Industrial and Medical Center Zones - Allowed Uses and Approval Requirements
Allowed Use M-I M-C Additional Requirements

SERVICE, SOCIAL, AND COMMERCIAL USES
Assisted Living/skilled nursing facilities C C
Banks and financial institutions P P
Barber and beauty shops P
Blueprint and duplicating services P
Child Care Center C C
Churches, temples or other structures used
primarily for religious worship C
Day care centers C
Drive-in theaters C
Drug stores (with drive-through facilities) P P
Emergency shelters P Section 17.200.030
Equipment sales, rental and storage P
Feed and grain sales P
Florist shops or gift shops P P
Gyms and health clubs C P
Hardware and home improvement center P
Health and exercise centers P
Hospitals and medical centers C P
Hotels P P
Hunting clubs, skeet, trap, rifle and pistol ranges
(indoor only) P
Indoor sports and recreation facilities P
Kennels and Catteries P Chapter 17.225
Mobilehome sales lots C
Nurseries and garden supply stores P
Office equipment sales and service P
Offices, professional sales and service, including
business, law, medical, dental, chiropractic,
architectural and engineering.

P P
Parcel delivery services P
Pharmacies P P
Professional offices, including medical, dental,
chiropractic, etc. P
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Table 17.45.020-1: Manufacturing/Industrial and Medical Center Zones - Allowed Uses and Approval Requirements
Allowed Use M-I M-C Additional Requirements
Restaurants and other eating establishments P P
Sex-oriented businesses C Chapter 5.40
Telephone exchanges and switching equipment
(only in an enclosed building) P
Urgent care clinics C C

MANUFACTURING / SERVICE COMMERCIAL
Beverages, including alcoholic beverages P
Cannabis cultivation, manufacturing, distribution,
and testing laboratories C Chapter 17.240
Canning and preserving fruits and vegetables P
Containers, boxes, and crates P
Cutlery, tableware, hand tools, and hardware P
Dairy products P
Furniture products and fixtures including cabinets,
partitions, and similar items P
Glassblowing, pressing, cutting, and other
glassware products P
Grain and bakery products P
Ice P
Jewelry P
Handbags, luggage, footwear, and other personal
leather goods P
Leather, tanning and finishing C
Measuring devices, watches, clocks and related
items P
Meat and poultry products, not including meat
packing or slaughtering P
Meat packing or slaughtering C
Musical and recording equipment P
Office and computing machine manufacture,
repair and sales P
Soaps, cleaners and toiletries C
Sugar and confectionery products P
Wearing apparel and accessory products P
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Table 17.45.020-1: Manufacturing/Industrial and Medical Center Zones - Allowed Uses and Approval Requirements
Allowed Use M-I M-C Additional Requirements
Wineries, distilleries and breweries, including
microbreweries and similar P

RESEARCH AND DEVELOPMENT
Laboratories, medical, research or testing centers P P
Manufacture, assembly, testing and repair of
components, devices, equipment and systems of
an electrical, electronic, or electromechanical
nature
P
Manufacture and repair of engineering, scientific
and medical instrumentation P
Medical instruments, supplies, and equipment P
Office and computing machines manufacture,
repair and sales P
Optical goods, medical instruments, supplies, and
equipment and photography equipment P
Pharmaceutical research and manufacture P

STORAGE
Building movers storage yard P
Cold storage facilities P
Cold storage plant P
Contractor storage yards P
Industrial warehousing and distribution (not to
exceed 50,000 sf) C
Mini-warehouse/storage facilities C
Petroleum and bulk fuel storage C

AUTOMOTIVE
Automobile service stations, with or without
concurrent sale of beer and wine for off-premises
consumption
C
Body and fender shops, and spray painting C
Car and truck washes C
Draying, freighting and trucking operations C
Gasoline and diesel service stations, not including
the concurrent sale of beer and wine for offpremises consumptionC Motorcycles, bicycles and parts manufacture P
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Table 17.45.020-1: Manufacturing/Industrial and Medical Center Zones - Allowed Uses and Approval Requirements
Allowed Use M-I M-C Additional Requirements
Parking lots and parking structures P P Chapter 17.155
Recreational vehicles, travel trailers and
manufacturing (with or without on-site sales) P
Recreational vehicle, travel trailers, and boat
storage within an enclosed building C
Truck and trailer sales and rental C
Vehicle and motorcycle repair shops C
Vehicle storage and impoundment C
Vehicles, aircraft, boats and parts manufacture P

MANUFACTURING AND INDUSTRIAL USES
Chemicals and Synthetic Products:

Agricultural chemicals, not including pesticides
and fertilizers C
Fabrication of rubber, plastic, and synthetic
products P
Organic and inorganic compounds, not including
those of a hazardous nature P
Paints and varnishes, and manufacturing and
incidental storage C
Lumber, wood, and paper products:

Cotton ginning P
Cotton, wood, and synthetic weaving and finishing
mills C
Fabricated wood buildings and structures P
Fabrication of manufactured housing and
mobilehomes P
Fabrication of wood buildings and structures P
Floor covering mills P
Knitting mills P
Lumber yards P
Paper and paperboard mills P
Paper shredding P
Paper storage and recycling, not within a building P
Printing and publishing of newspapers, periodicals,
books, forms, cards, and similar items P
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Table 17.45.020-1: Manufacturing/Industrial and Medical Center Zones - Allowed Uses and Approval Requirements
Allowed Use M-I M-C Additional Requirements
Saw and plaining mills C
Yarn and thread mills P
Stone and Concrete Products:

Concrete batch plants and asphalt plants P
Manufacture of concrete, gypsum, plaster and
mineral products P
Rock crushing plants, aggregate washing,
screening and drying facilities and equipment, and
concrete batching plants;
C
Sand blasting P
Stone cutting and related activities P
Metal, Machinery, and Electrical Products:

Appliance manufacture and repair P
Blast furnaces P
Cans and containers P
Casting, smelting, stamping, and forging metals P
Control devices and gauges P
Electrical and electronic apparatus and
components
P
Engines, turbines and parts P
Fabrication of metal buildings P
Farm, garden construction, and industrial
machinery P
Fencing P
Foundries P
Lighting and wiring P
Lighting fixtures and supplies P
Machine, welding and blacksmith shops P
Manufacture of Ordnance and firearms, not
including explosives P
Plumbing and heating items P
Refrigeration and heating equipment P
Rolling and drawing metals P
Smelting metal and foundries P
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Table 17.45.020-1: Manufacturing/Industrial and Medical Center Zones - Allowed Uses and Approval Requirements
Allowed Use M-I M-C Additional Requirements
Tires and tubes P
Wrought iron fabrication P

UTILITIES, TRANSPORTATION, COMMUNICATION, AND PUBLIC SERVICES Aviation facilities/heliports C C
Cemeteries, crematories and mausoleums C
Communications and microwave installations P
Disguised wireless facilities P P Chapter 17.245
Electric and gas distribution, transmission
substations, battery energy storage, telephone,
and microwave
C
Fire and police stations P
Gas, steam, and oil drilling operations C
Meteorological towers P
Post offices P
Natural gas, above ground storage C
Radio, television and communications equipment P
Public utility substations and storage buildings C
Public utility substations and storage yards P
Railroad yards and stations P
Recycling collection facilities C
Recycling of wood, metal and construction wastes C
Recycling processing facilities C
Sewage sludge/organic waste composting facilities C
Sewage treatment plants C
Utilities, both public and private C
Water well and any use appurtenant to the storage
and distribution of water
P
Water works facilities, both public and private C
Water and gas company service facilities P
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17.45.030 Development Standards
The development standards listed below are the minimum standards for development within the respective zones.

Table 17.45.030-1: Development Standards
Development Standards M-I M-C
Lot Dimensions
Minimum Lot Size 20,000 sf 20,000 sf
Minimum Lot Depth 100 ft n/a
Minimum Lot Width 100 ft n/a
Setbacks The setback area may be used only off-street automobile parking, driveways or landscaping.

Front
25 ft
(A minimum 10-foot strip adjacent to the
street line shall be appropriately landscaped
and maintained, except for designated
pedestrian and vehicular accessways).
50 ft
Side – Interior (adjacent to an
industrial zone) 15 ft 20 ft
Side – Facing a Street
25 ft
(A minimum 10-foot strip adjacent to the
street line shall be appropriately landscaped
and maintained, except for designated
pedestrian and vehicular accessways).
20 ft
Rear 25 ft 50 ft
Adjacent to a residential zone
25 ft
(A minimum 20-foot strip adjacent to
residential zones, or separated by a street
from a lot with said zoning, shall be
landscaped and maintained, unless a tree
screen or other buffer treatment is approved
by the hearing officer or body. However, in no
case shall the landscaping be less than 10
feet wide excluding curbing).
50 ft
Height
Building(s)
60 ft
The maximum height of all structures,
including buildings, shall be 35 feet at the
yard setback line. Any portion of a structure
that exceeds 35 feet in height shall be set
back from each yard setback line not less
than two feet for each one foot in height that
is in excess of 35 feet. All buildings and
structures shall not exceed 60 feet in height.
170 ft
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Chapter 17.50 Public Facilities Zone

17.50.010 Purpose
The purpose of this chapter is to establish a public facilities zone district in the city that provides appropriate locations for governmental facilities; utility facilities including public and private electricgenerating stations and corridors; landfills; airports; educational facilities; and maintenance yards.

This zone is consistent with and implement the city’s General Plan land use designations, as shown in Table 17.50.020-1.

17.50.020 Allowed Uses and Approval Requirements
A. Allowed Uses Table. Table 17.50.020-1 identifies allowed uses and corresponding approval requirements for the agricultural and rural zones subject to compliance with all other provisions of this Title. Descriptions/definitions of many of the land uses can be found in Article 6, (Definitions) of this Title.

B. Approval Requirements.

1. Where indicated with a letter “P” the use shall be a permitted use by right, and subject to compliance with all applicable provisions of this Title.

2. Where indicated with a letter “C” the use shall be conditionally permitted subject to the approval of a conditional use permit, described in Chapter 17.80 (Conditional Use Permits).

3. Where indicated with a “--,” the use is prohibited within the zone.

4. The Additional Requirements column in the table identifies additional use regulations for specific uses and/or the specific chapter or section where additional regulations for that use type are located within this Title, where applicable. Uses for which additional requirements are listed shall be allowed only upon satisfaction of the specified additional requirements. Under no circumstances shall Table 17.50.020-1 authorize a use without satisfaction of such specified additional requirements.

C. Unlisted Uses. The allowed use tables of this Title may not include all possible uses. When a specific use is not listed and it is unclear whether the use is permitted by right, permitted conditionally, or prohibited, the Community Development Director or designee appointed by the City Manager may make a determination , consistent with Chapter 17.100 (Similar Use Determination) that new uses not listed here that have substantially similar characteristics to specific listed permitted uses may be considered permitted as the similar use by right, or conditionally as appropriate.

D. Uses on Vacant Lots. A Minor or Major Development Review is required for approval when a permitted or conditionally permitted use is proposed for a vacant lot. A Minor or Major Development Review is not required for approval when a permitted or conditionally permitted use is proposed for an existing building.
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Table 17.50.020-1: Public Facilities Zone -
Allowed Uses and Approval Requirements
Use Type P-F Provisions
Aviation facilities/heliports P
Cemeteries, crematories and mausoleums P
Community centers P
Colleges, public and private P
Communications and microwave installations P
Disguised wireless facilities P Chapter 17.245
Electric and gas distribution, transmission substations, battery energy storage, telephone, and microwave P
Fire and police stations P
Governmental offices P
Landfills P
Libraries P
Meteorological towers P
Natural gas, above ground storage P
Nursery Schools for Preschool Day Care and Childcare P
Post offices P
Public utility substations P
Radio, television and communications equipment P
Railroad yards and stations P
Recycling collection facilities P
Recycling of wood, metal and construction wastes P
Recycling processing facilities P
Schools, public and private P
Sewage sludge/organic waste composting facilities P
Sewage treatment plants P
Storage/maintenance yards P
Utilities, both public and private P
Water well and any use appurtenant to the storage and
distribution of water P
Water and gas company service facilities P
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17.50.030 Development Standards
The development standards listed below are the minimum standards for development within the respective zones.

Table 17.50.030-1: Manufacturing/Industrial Zone - Development Standards Development Standards P-F
Lot Dimensions
Minimum Lot Size 10,000 sf
Minimum Lot Depth 50 ft
Minimum Lot Width 50 ft
Floor Area Ratio 0.6 FAR for privately held uses. Unlimited FAR for publicly held uses.

Setbacks The setback area may be used only off-street automobile parking, driveways or landscaping.

Front
25 ft
(A minimum 10-foot strip adjacent to the street line shall be appropriately landscaped and maintained, except for designated pedestrian and vehicular accessways).

Side – Interior (adjacent to an
industrial zone) 15 ft
Side – Facing a Street
25 ft
(A minimum 10-foot strip adjacent to the street line shall be appropriately landscaped and maintained, except for designated pedestrian and vehicular accessways).

Rear 25 ft
Adjacent to a residential zone
25 ft
(A minimum 20-foot strip adjacent to residential zones, or separated by a street from a lot with said zoning, shall be landscaped and maintained, unless a tree screen or other buffer treatment is approved by the hearing officer or body. However, in no case shall the landscaping be less than 10 feet wide excluding curbing).

Height
Building(s)
50 ft
(The maximum height of all structures, including buildings, shall be 35 feet at the yard setback line. Any portion of a structure that exceeds 35 feet in height shall be set back from each yard setback line not less than two feet for each one foot in height that is in excess of 35 feet. All buildings and structures shall not exceed 50 feet in height. 2934
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Chapter 17.55 Open Space Zone

17.55.010 Purpose
The purpose of this chapter is to establish residential districts in the city that provide appropriate locations for active and passive recreational uses such as parks, trails, campgrounds, athletic fields, golf courses, and off-road vehicle parks. This zone is consistent with and implement the city’s General Plan Land Use designations, as shown in Table 17.55.020-1 Zoning and Implementing General Plan Land Use designations.

17.55.020 Allowed Uses and Approval Requirements
A. Allowed Uses Table. Table 17.55.020-1 identifies allowed uses and corresponding approval requirements for the agricultural and rural zones subject to compliance with all other provisions of this Title. Descriptions/definitions of many of the land uses can be found in Article 6, Definitions, of this Title.

B. Approval Requirements.

1. Where indicated with a letter “P” the use shall be a permitted use by right, and subject to compliance with all applicable provisions of this Title.

2. Where indicated with a letter “C” the use shall be conditionally permitted subject to the approval of a conditional use permit, described in Chapter 17.80 (Conditional Use Permits).

3. Where indicated with a “--,” the use is prohibited within the zone.

4. The Additional Requirements column in the table identifies additional use regulations for specific uses and/or the specific chapter or section where additional regulations for that use type are located within this Title, where applicable. Uses for which additional requirements are listed shall be allowed only upon satisfaction of the specified additional requirements. Under no circumstances shall Table 17.55.020-1 authorize a use without satisfaction of such specified additional requirements.

C. Unlisted Uses. The allowed use tables of this Title may not include all possible uses. When a specific use is not listed and it is unclear whether the use is permitted by right, permitted conditionally, or prohibited, the Community Development Director or designee appointed by the City Manager may make a determination , consistent with Chapter 17.100 (Similar Use Determination) that new uses not listed here that have substantially similar characteristics to specific listed permitted uses may be considered permitted as the similar use by right, or conditionally as appropriate.

D. Uses on Vacant Lots. A Minor or Major Development Review is required for approval when a permitted or conditionally permitted use is proposed for a vacant lot. A Minor or Major Development Review is not required for approval when a permitted or conditionally permitted use is proposed for an existing building.
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Table 17.55.020-1 Open Space Zone -
Allowed Uses and Approval Requirements
Use Type O-S Provisions
Animal keeping, commercial C Section 17.225.040
Apiaries C Section 17.225.090
Camps C
Field and tree crops C
Fishing lakes, commercial and noncommercial C
Golf courses with standard length fairways and
customary appurtenant facilities, including club
houses, restaurants, and retail shops
C
Grazing of animals C Section 17.225.070
Guest ranch C
Picnic grounds for day use only C
Riding academies and stables, commercial and
noncommercial C

17.55.030 Development Standards
The development standards listed below are the minimum standards for development within the respective zones.

Table 17.55.030-1: Open Space Zone - Development Standards Development Standards OS
Lot Dimensions
Lot Size 20 acres
Lot Width 400 ft
Setbacks
Front 100 ft
Side 50 ft
Rear 50 ft
Height
All buildings 20 ft
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ARTICLE 3. LAND USE PERMITS AND PROCEDURES
Chapter 17.60 General Plan and Specific Plans

17.60.010 Adoption or amendment of the General Plan.

A. The City of Wildomar General Plan, or any part or element thereof, and any amendment to the Plan or any part or element thereof, shall be adopted in accordance with the provisions of Section 65300 et seq. of the Government Code, as now written or hereafter amended, and this chapter. No mandatory element of the General Plan shall be amended more frequently than four (4) times during any calendar year, unless otherwise allowed by Section 65358 of the Government Code. There are no restrictions on the number of amendments made to optional elements or Specific Plans during any calendar year. Subject to that limitation, an amendment may be adopted at any time, as determined by the City Council. Each amendment may include more than one change to the General Plan.

B. General Plan Initiation Process (GPIP). Prior to any formal application request to initiate an amendment to the General Plan by an owner of real property (or a person authorized by the owner), the planning department shall bring forward such request as part of a GPIP PreApplication Review (PAR) review. The GPIP request shall require Planning Commission review and consideration at a public meeting followed up by a recommendation to the City Council.

The City Council shall then consider at a public meeting the Planning Commission’s recommendation on such general plan amendment, and provide necessary feedback to an applicant, including any applicable planning department feedback. Upon conclusion of the process, the City Council shall adopt an order by the affirmative vote of not less than a majority of the entire membership of the Council initiating proceedings for a general plan amendment.

The initiation of proceedings by the City Council for the amendment of the General Plan, or any part or element thereof, however, shall not imply any such formal general plan amendment will be approved. Planning Commission
C. General Plan Consistency. No discretionary permit shall be approved pursuant to this Title unless it is determined that the permit is consistent with the General Plan.

17.60.020 General Plan Amendments
A. Applicability. This section shall govern the processing of any General Plan Amendment by an owner of real property (or a person authorized by the owner), B. Initiation of Amendment Proceedings. The initiation of proceedings for any amendment pursuant to this section shall require an order of the City Council, adopted by the affirmative vote of not less than a majority of the entire membership of the Council. The adoption of an order by the Council initiating amendment proceedings shall not require a public hearing and shall not imply any such amendment will be approved.

C. Recommendations for the Initiation of Amendment Proceedings. Either the Community Development Director or the Planning Commission may recommend that the City Council adopt an order initiating proceedings for an amendment pursuant to this section. All such recommendations shall be in writing and shall be submitted to the City Clerk for placement on 2937
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the agenda of the Council as a matter not requiring a public hearing. Whenever the Community Development Director prepares such a recommendation, the comments of the Planning Commission shall be requested, and any comments shall be included in the submission to the City Council. No public hearing before the Planning Commission shall be required to request such comments.

D. Private Applications for the Initiation of Amendment Proceedings. The owner of real property, or a person authorized by the owner, shall have the right to request that the City Council adopt an order initiating proceedings for an amendment pursuant to this section. Applications shall be made to the Community Development Director, on the forms provided by the Planning Department, shall supply all required information, and shall be accompanied by the filing fee set forth in Chapter 3.44 (Fees). The Community Development Director shall prepare a report and recommendation on all such applications and shall submit the report and recommendation to the City Clerk for placement on the Council agenda as a matter not requiring a public hearing. Prior to submitting the report and recommendation to the City Clerk, the comments of the Planning Commission shall be requested, and any comments shall be included in the submission to the City Council. No public hearing before the Planning Commission shall be required to request such comments.

E. Amendment Proceedings and Hearings. After adoption of an order of the City Council initiating proceedings for an amendment pursuant to this section, the amendment shall be processed, heard and decided in accordance with Chapter 17.130 (Amendments to Projects). If the Council adopts orders initiating proceedings for several amendments pursuant to this section, each such amendment may be processed, heard and decided separately or together with other such amendments as determined by the Community Development Director. Hearings and the final decision on any amendment pursuant to this section may occur after the calendar year during which proceedings for the amendment were initiated.

17.60.030 Findings
A Planning Commission resolution recommending approval to the City Council of a General Plan Amendment shall include findings, based on substantial evidence, that new conditions or circumstances disclosed during the review process justify modifying the General Plan, that the modifications are in the public interest (Government Code Section 65358(a)), do not conflict with the overall City of Wildomar vision, and that it would not create an internal inconsistency among the elements of the General Plan. The foregoing requirement for findings shall not apply to any amendment to the City of Wildomar vision.

17.60.040 Specific Plans
Specific plans, and amendments thereto, shall be heard and adopted in accordance with the provisions of Section 65450 et seq. of the Government Code, as now written or hereafter amended, and in accordance with Chapter 17.65 (Planned Residential Developments) of this Title. 2938
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17.60.050 Applications for Specific Plans
A. The owner of real property, or a person authorized by the owner, shall have the right to request that the City consider a specific plan or an amendment to an existing specific plan for the real property. The right to request consideration of a specific plan or a specific plan amendment does not imply that the specific plan or the specific plan amendment will be approved.

B. Applications shall be made in writing to the Community Development Director on the forms provided by the Planning Department and shall be accompanied by the fee set forth in Chapter 3.44 (Fees). The application shall supply all required information and shall include the following:

1. Wherever a proposed specific plan is for a project subject to the Alquist-Priolo Earthquake Fault Zoning Act, Public Resources Code Section 2621 et seq., a geologic report shall be submitted as required by Chapter 15.76 (Earthquake Fault Area Construction Regulations);

2. Whenever a proposed specific plan will substantially determine the location of any building sites for structures, a flood protection study shall be submitted with the specific plan along with the fee set forth in Chapter 3.44 (Fees).

C. A specific plan shall include text and a diagram or diagrams which specify all of the following in detail:

1. The distribution, location and extent of the uses of land, including open space, within the area covered by the Plan;

2. The proposed distribution, location and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the Plan;

3. Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable;

4. A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out subsections (C)(1) through (C)(3) of this section.

D. A specific plan shall include a statement of the relationship of the specific plan to the General Plan.

17.60.060 Public Hearings, General Plan Amendments and Specific Plans Proposals to adopt or amend the City of Wildomar General Plan, any part or element thereof, and any Specific Plan, shall be heard in the following manner:

A. The Planning Commission shall hold a public hearing on the matter. Notice of the public hearing shall be given pursuant to Section 17.125.080 (Public Hearing Procedure) of this Title.

B. After closing the public hearing, the Planning Commission shall make a recommendation for approval or disapproval within a reasonable time, by resolution, including therein its findings, and transmit it to the City Council with a copy mailed to the applicant, if any. A recommendation for approval shall be made by the affirmative vote of not less than a majority of the total membership of the Planning Commission. If the Commission cannot reach a 2939
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decision within a reasonable time after closing the hearing, that fact shall be reported to the City Council and shall be deemed a recommendation to deny the proposal.

C. Upon receipt of a recommendation of the Planning Commission on adoption or amendment of the General Plan, the City Clerk shall set the matter for public hearing before the City Council at the earliest scheduled meeting date and shall give notice of public hearing in the same manner as notice was given of the hearing before the Planning Commission.

D. After closing the public hearing, the City Council shall render its decision within a reasonable time. A decision to adopt or amend the General Plan, or any part or element thereof, shall be made by resolution, which resolution shall be adopted by the affirmative vote of not less than the majority of the total membership of the Council. The City Council may approve, modify or disapprove the recommendation of the Planning Commission; provided, however, that any substantial modification of the Planning Commission’s recommendation not previously considered by the Commission shall first be remanded back to the Commission for its consideration and recommendation. The Planning Commission shall hold a public meeting thereon, and report its decision back to the City Council within 60 days.

E. A proposal to adopt or amend any part or element of the General Plan shall not be approved by the City Council until all procedures required by CEQA and the City’s CEQA Guidelines have been completed.

17.60.070 Reports on Conformity with the General Plan.

A. The Planning Department is designated as the planning agency, under the provisions of Section 65402 of the Government Code, and any similar provision of state law, to report on public acquisitions, dispositions, abandonments, and construction, as to conformity with the City of Wildomar General Plan.

B. Whenever any City department or a public agency is processing a project that requires a report under the provisions of Section 65402 of the Government Code, or any similar provision of state law, application shall be made to the Community Development Director on forms provided by the Planning Department and shall supply all requested information, including the following:

1. The name, address and telephone number of applicant, including information regarding any cooperating or involved agencies;

2. The legal basis for the project on an estimated time schedule for development or action to be taken;

3. The location, address or legal description of the subject property or area, together with a site plan and description of the proposed project and uses;

4. The location of adjacent streets, easements, utilities, and other features, both natural and constructed, that may affect or be affected by the proposal;

5. Development plans of any proposed construction, including such structural features as may be required to determine if the proposal is in conformity with the General Plan and any specific plan in effect in the area.
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C. Within 40 days after receipt of a completed application, the Community Development Director shall make a report to the applicant as to the conformity of the location, purpose and extent of the proposed project with the General Plan.

D. Within 10 days after the date of mailing or delivery of the report of the Community Development Director, the applicant may appeal, in writing, to the Planning Commission on the form provided by the Planning Department. Upon receipt of a completed appeal accompanied by the fee set forth in Chapter 3.44 (Fees), the Community Development Director shall set the matter for hearing before the Planning Commission, not less than five nor more than 35 days thereafter, and shall give written notice of the hearing, by mail, to the appellant. The decision of the Commission shall be made within 30 days following the close of the hearing, shall be final, and a copy shall be mailed to the appellant.

E. The provisions of subdivision (a) of Section 65402 of the Government Code shall not apply to:

1. The disposition of the remainder of a larger parcel which was acquired and used in part for street purposes;

2. Acquisitions, dispositions, or abandonments for street widening or alignment projects, provided such projects are of a minor nature.

F. The provisions of subdivision (b) of Section 65402 of the Government Code shall not apply to acquisition or abandonment for street widening or alignment projects of a minor nature. 2941
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Chapter 17.65 Planned Residential Developments

17.65.010 Standards for planned residential developments.

Planned residential developments (PRDs) are custom zones designed to accommodate specific projects, providing development standards that vary from the standard requirements of the city's residential zoning districts. A PRD can be used to address site-specific conditions or can be proposed to allow the development of residential products than cannot be accommodated by standard residential zoning.

17.65.020 General requirements for all PRDs.

A. PRDs may be established on any property designated by the general plan for residential use.

B. The PRD is a replacement for standard residential zoning and shall be designated as PRD on the zoning map. If a property does not have the PRD Zoning designation, the applicant shall be required to process a Change of Zone in accordance with Chapter 17.145 (Development Cide and Zoning Map Amendments) of this Title.

C. The total number of dwelling units in a PRD project may not exceed that which would be permitted by the general plan land use designation for the property. The permitted density may be reduced from the maximum potential per the general plan if it is determined to be necessary to achieve compatibility with the area in which the development is located.

D. A variety in housing types is desired to provide visual interest and provide a range of housing types within the community.

E. PRDs may not be used to establish different permitted and/or conditional uses than are included in the city's standard residential zoning districts.

F. A subdivision map is required to process a PRD and shall prepared substantially in accordance with the conditions of approval thereof and the requirements of this section, shall be recorded pursuant to Title 16 of the municipal code.

17.65.030 Mandatory PRD contents
All PRDs shall include development standards (in written and/or illustrative form, as appropriate) for the following:

A. Yards setbacks and building separations. Minimum setbacks must be established by the PRD.

Setbacks should be based on the proposed residential product type and configuration, topography and compatibility with the area in which the development is located.

B. Height limits. All PRDs shall establish height limits for all types of structures. Maximum permitted height limits lower than those permitted in standard zoning districts may be established if it is determined to be necessary for a planned development to achieve compatibility with the area in which the development is located.

C. Open space. All PRDs shall include standards for open space, recreation, and community amenities.
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D. Maintenance of common areas. All PRDs must provide a mechanism for the funding of ongoing maintenance of common areas in a manner acceptable to the city.

E. Community design and unit placement. All PRDs must include standards for the design and placement of individual housing units and/or multifamily buildings. These standards must ensure that privacy from unit to unit and from unit to private open space is maximized, including window placement and orientation of units. These standards shall seek to minimize conflict between pedestrian and auto movements and to reduce the visual prominence of garage doors for individual units.

F. Other standards. All PRDs must identify the standard zoning district to be consulted for standards (such as permitted and conditionally permitted uses) which are not addressed in the PRD.

17.65.040 Standards applicable to all PRDs
The following development standards shall apply to all PRDs, whether or not they are included in the PRD document:

A. Screening. A six-foot-high masonry wall shall be constructed on any project boundary line where it is determined necessary to protect the adjacent property and ensure compatibility with the area in which the development is located.

B. Setbacks at project boundaries. In no case shall building setbacks from a project's exterior streets and boundary lines be less than ten feet. All other setbacks and building separations shall be established by the site plan and development standards of the PRD.

C. Minimum open space requirement. Not less than 40 percent of the net area of a project shall be used for open area or recreational facilities, or a combination thereof. The net area of a project shall be determined by excluding all streets, drives, and automobile storage areas.

Neighborhoods should be arranged around common open space and amenities to create a sense of place.

D. Streets and circulation. All streets shall be designed and constructed in accordance with city standards. The circulation plan shall demonstrate a hierarchal street pattern design to promote a sense of place and provide a logical progression to community amenities and project entrances.

17.65.050 Special requirements for age-restricted PRDs
The following specific requirements apply to all PRD developments intended for senior citizens:

A. Design. The overall development shall be designed for ease of use by persons of advanced age.

Not less than one accessible route for handicapped persons to all on-site facilities shall be provided. Where public facilities exist, such as bus stops, sidewalks and drop-off zones, accessible routes for handicapped persons shall be provided.

B. Location. Developments shall be located in areas which offer services to the aged, such as transportation, shopping, recreation, and nutrition programs.

C. Elevators. No building shall be constructed that exceeds one story in height unless it contains elevators for the use of the occupants. Residential buildings which exceed one story shall 2943
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provide additional elevators if they are needed due to the number of units or project design proposed. Elevators shall be spaced in order to minimize the walking distance from the elevators to the residential units.

D. Recreation. Common recreational facilities or buildings designed for senior citizen use shall be provided for the use of the occupants.

E. Medical. Medical offices and convalescent facilities, not including hospitals, may be required for the use of the occupants.

F. Handicapped units. At least ten percent of the residential units shall be adaptable for handicapped persons. Those units shall meet the standards set forth in the California Code of Regulation, title 24.
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Chapter 17.70 Variance

17.70.010 Purpose
This Chapter is intended to provide a mechanism for relief from the strict application of Title 17 where it would deprive the property owner of privileges enjoyed by similar properties because of the subject property’s unique and special conditions.

17.70.020 Procedures
A. Application. Applications for a Variance shall be filed with the Planning Department on the prescribed application forms. In addition to any other application requirements, the application for a Variance shall include written evidence by the Applicant showing that the requested Variance conforms to the required findings set forth in Section 17.70.030 (Required Findings).

B. Public Notice and Hearing. All applications for Variances shall require a public notice in a manner as outlined in Section 17.125.080 (Public Hearing Procedure) and a public hearing pursuant to Section 17.125.090 (Noice of Decision).

17.70.030 Required Findings
Approval, or conditional approval, of a variance by the Planning Commission shall meet all of the following findings. The Commission shall deny an application for a Variance if, based on all of the evidence in the public record, it is unable to make all of the required findings:

A. There are unique, exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the vicinity and identical zone, and City of Wildomar that the granting of a Variance will not constitute a granting of a special privilege inconsistent with the limitations on the property in the vicinity and identical zone; B. The granting of the application is necessary to prevent a physical hardship which is not of the applicant’s own actions or the actions of a predecessor in interest; C. The granting of the application will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare or convenience; and
D. The granting of the Variance will be consistent with the general purposes and objectives of Title 17, any applicable specific plans, and the General Plan.

17.70.040 Conditions of Approval
Any variance granted shall be subject to such conditions as are necessary so that the adjustment does not constitute a grant of special privileges that is inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated, and which are necessary to protect the health, safety and general welfare of the community. 2945
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Chapter 17.75 Development Agreement

17.75.010 Purpose
The purpose of this chapter is to provide procedures and requirements for consideration of Development Agreements in compliance with the provisions of California Government Code Sections 65864 through 65869.5. The purpose of Development Agreements is to benefit the public, in that:

A. Development Agreements increase the certainty in the approval of development projects, thereby preventing the waste of resources, reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public.

B. Development Agreements provide assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules, and regulations, and subject to conditions of approval, thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development.

C. Development Agreements enable the City to plan or and finance public facilities, including but not limited to streets, sewerage, transportation drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing.

17.75.020 Applicability
A. Only a person who has legal or equitable interest in the subject property, which is the subject of the Development Agreement, or his/her authorized agent, may submit an application for a Development Agreement.

B. The City may enter into a Development Agreement with a person having legal or equitable interest in property within the City or unincorporated territory within that city’s sphere of influence.

17.75.030 Alterations
In approving a Development Agreement, the approving authority may make alterations to the proposal to ensure that the proposed agreement will comply with the required findings.

17.75.040 Findings for Approval
Pursuant to Government Code Section 65867.5, a Development Agreement shall be approved by ordinance and is subject to referendum. Prior to approving a Development Agreement as prescribed by this chapter, the approving authority shall make all the following findings:

A. The proposed development agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan.

B. The proposed development agreement is compatible with the uses authorized in, and the regulations prescribed for, the zone in which the real property is or will be located. 2946
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C. The proposed development agreement is in conformity with and will promote public convenience, general welfare and good land use practice.

D. The proposed development agreement will not be detrimental to the health, safety and general welfare within the city.

E. The proposed development agreement will not adversely affect the orderly development of the property or the preservation of property values.

F. The proposed development agreement will promote and encourage the development of the proposed project by providing a greater degree of requisite certainty for the developer.

G. The proposed development agreement that includes a subdivision, and any tentative map prepared for the subdivision, will comply with the provisions in Government Code Section 66473.7.

17.75.050 Notice of Decision
Written notice of decision on the development agreement application shall be provided in accordance with Section 17.125.100 (Approval Authority).

17.75.060 Effective Date
Development Agreements shall become effective on the date specified in the agreement. For Development Agreements a relating to property located outside the City limits within the City’s Sphere of Influence which shall not become operative unless annexation proceedings annexing the property to the City are completed within the period of time specified by the agreement.

17.75.070 Required Content
A. A Development Agreement shall specify:

1. The duration of the agreement.

2. The permitted uses of the property.

3. The density or intensity of the use.

4. The maximum height and size of proposed buildings.

5. Provisions for preservation or dedication of land for public purposes.

B. The Development Agreement may include conditions, terms, restrictions and requirements for subsequent discretionary actions. The agreement may provide that construction shall be commenced within a specific time and that the project or any phase thereof be completed within a specified time. The agreement may also include terms and conditions relating to applicant or public financing of necessary public facilities and subsequent reimbursements.

C. For Development Agreements including property located outside the City limits within the Sphere of Influence, the agreement shall specify a time period by which annexation of the subject property is to be completed.
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17.75.080 Execution and Recordation
A. After the Ordinance approving the Development Agreement takes effect, the City shall enter into the Development Agreement by signature of the Mayor or his/her designee.

B. The City shall not execute a Development Agreement until it has been executed by the applicant.

C. Not more than 10 days following the execution of a Development Agreement by the City, the City Clerk shall record with the County Recorder a copy of the executed agreement.

17.75.090 Periodic Review; Violation of Agreement
A. The Community Development Director shall conduct a public hearing for the periodic review of compliance with the agreement at least every twelve (12) months in accordance with Sections Section 17.125.080 through 17.125.120, inclusive. The applicant shall be required to demonstrate good faith compliance with the terms of the agreement. Where the Community Development Director finds, based on substantial evidence, that the applicant, or successor in interest thereto, has not complied in good faith with the terms and conditions of the agreement, the City Council may take action as authorized by Government Code Section 65865.1. The City Council may impose such terms and conditions on the action it takes as it considers necessary to protect the interests of the City. The decision of the City Council shall be final.

B. For Development Agreements including property located outside the City limits within the Sphere of Influence, should annexation of the subject property not be completed within the period of time specified by the agreement, or any extension thereof, the agreement is null and void.
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Chapter 17.80 Conditional Use Permits

17.80.010 Purpose
The Use Permit review and approval process is intended to apply to uses that are consistent with the with the goals, objectives, and policies of the General Plan and purposes of the zone where they are proposed but require special consideration to ensure that they can be designed, located, and operated in a manner that will be compatible with the surrounding area and uses.

17.80.020 Applicability.

Whenever any section of this Title requires that a conditional use permit be granted prior to the establishment of a use, the following provisions shall take effect.

17.80.030 Application.

Applications for a conditional use permit shall be made in writing to the Community Development Director on the forms provided by the Planning Department and shall be accompanied by the filing fee as set forth in Chapter 3.44 (Fees).

17.80.040 Public Notice and Hearing
The Planning Commission shall be the appropriate hearing body for and shall have the authority to approve all conditional use permit applications in accordance with the provisions of this Chapter.

Notwithstanding the above or, any other provision herein to the contrary, the hearing on any conditional use permit application that also requires the approval of a general plan amendment, specific plan amendment, or change of zone shall be heard in accordance with the provisions of Chapters 17.60 and 17.145, whichever is applicable, and all the procedural requirements and rights of appeal as set forth therein, shall govern the hearing.

17.80.050 Required Use Permit Findings
The review authority must make all of the following findings to approve or conditionally approve a Use Permit application. The inability to make one or more of the findings is grounds for denial of an application:

A. The proposed use is consistent with the General Plan and any applicable Specific Plan.

B. The proposed use is consistent with the intent of the zone it is located in and complies with all applicable provisions of this Title and other applicable provisions of the Wildomar Municipal Code;
C. The proposed use will not have an adverse effect to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements; D. The proposed use complies with adopted design and development standards applicable to the zone the use is located in, unless waived or modified pursuant to the provisions of this Title. 2949
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17.80.060 Conditions of Approval
In approving a Use Permit, the City may impose reasonable conditions or restrictions to achieve the following outcomes. The City may also require reasonable guarantees and evidence that such conditions are being, or will be, complied with. All conditions of approval imposed on uses/projects by the Planning Commission shall be consistent with at least one of the following objectives:

A. Ensure that the proposal conforms in all significant respects with the Wildomar General Plan and with any other applicable plans or policies adopted by the City Council; B. Achieve the general purposes of this Title or the specific purpose of the zone in which the project is located;
C. Achieve the findings for a Use Permit listed in Section 17.80.050 (Required Use Permit Findings); or;
D. Mitigate any potentially significant impacts identified because of environmental review conducted in compliance with the California Environmental Quality Act.

Chapter 17.85 Development Review, Major

17.85.010 Purpose
Development review provides a method for the city to review development proposals based on size, site characteristics and type of project.

17.85.020 Major Development Review
A. Requirements. A major development review permit is required for any development project that does not qualify for a minor development review as described in Chapter 17.90.

B. Approving authority. The Planning Commission shall be the designated approving authority for major development review applications. The Planning Commission shall approve, approve with conditions, or deny applications for major development review after making the required findings.

C. Issuance of Permits. Major development review approval is required prior to issuance of any building or grading permits and prior to or in conjunction with discretionary action on corresponding development applications (e.g., conditional use permit, variance).

D. Procedure for application processing. The procedures for application processing shall be as provided in Chapter 17.125 (Common Application Processing Procedures).

E. Findings. Major development review shall be granted only when the following findings have been made in writing:

1. The proposed use is consistent with the General Plan and any applicable Specific Plan.

2. The proposed use is consistent with the intent of the zone it is located in and complies with all applicable provisions of this Title and other applicable provisions of the Wildomar Municipal Code;
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3. The proposed use will not have an adverse effect to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements;

4. The proposed use complies with adopted design and development standards applicable to the zone the use is located in, unless waived or modified pursuant to the provisions of this Title.
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Chapter 17.90 Development Review, Minor

17.90.010 Purpose
Development review provides a method for the city to review development proposals based on size, site characteristics and type of project.

17.90.020 Minor Development Review
A. Requirements. A minor development review permit is required for the following items:

1. Model Home Complex site plan for single-family residential subdivisions;

2. New construction of a multifamily residential project with fewer than 10 units;

3. New construction of a nonresidential building or structure of less than 5,000 square feet (e.g., commercial, office, industrial, public/quasi-public);

4. Additions of more than 1,000 square feet and less than 5,000 square feet to nonresidential buildings or structures;

5. The exterior remodel of multifamily residential buildings or structures or nonresidential buildings or structures;

6. Permanent and seasonal outdoor seating.

B. Exemptions. The following structures are exempt from development review (minor or major).

However, such structures may require Zoning Clearance to ensure compliance with adopted Building Code standards and applicable Title 17 provisions:

1. Single-family home on a single lot;

2. Additions to, or the exterior remodel, of single-family residential homes;

3. Additions of less than 1,000 square feet in size to non-residential buildings or structures;

4. Accessory structures, including Accessory Dwelling Units, consistent with the provisions in this Title;

5. Repairs and maintenance to the site or structure that do not add to, enlarge, or expand the area occupied by the land use, or the floor area of the structure; and

6. Interior alterations that do not change the permitted use of the structure.

C. Approving authority. Refer to Table 17-125.110-1, Designated Authority for Approval.

D. The Community Development Director has the discretion to determine that the request requires a major development permit or should be elevated to the Planning Commission or City Council as deemed appropriate.

E. Procedure for application processing. The procedures for application processing shall be as provided in Chapter 17.125 (Common Application Processing Procedures).

F. Findings. Approval of a minor development review is subject to the following findings as made by the Community Development Director in writing:

1. The proposed use is consistent with the Wildomar General Plan and any applicable specific plan.
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2. The proposed use is consistent with the intent of the zone it is located in and complies with the standards of the applicable provisions of this Title and applicable provisions of the Wildomar Municipal Code;

3. The proposed use will not have an adverse effect to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements;

4. The proposed use complies with adopted design and development standards applicable to the zone the use is located in, unless waived or modified pursuant to the provisions of this Title.
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Chapter 17.95 Reasonable Accommodations

17.95.010 Purpose.

This chapter provides a procedure to request a 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.

17.95.020 Applicability.

A. 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 Title or other city requirement, policy, or practice acts as a barrier to fair housing opportunities for a person with a disability, as defined by the Acts. A person with a disability is a person who has a physical/mental impairment or medical condition that limits or substantially limits one or more major life activities, anyone who is regarded as having such disability, or anyone who has a record of such disability.

B. 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.

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

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

17.95.030 Procedure
A. Application. A request for reasonable accommodation shall be submitted on an application form provided by the planning department or in the form of a letter to the Community Development Director, and shall contain the following information:

1. The applicant's name, address, and telephone number;

2. Address of the property for which the request is being made;

3. The current actual use of the property;

4. The basis for the claim that the individual is considered disabled under the acts;

5. Title 17 provision, regulation or policy from which reasonable accommodation is being requested; and

6. Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

B. 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 (including conditional use permit, development review, etc.), then the applicant shall file the information 2954
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required by Section 17.95.030 (A), Application, together for concurrent review with the application for discretionary approval.

17.95.040 Review Authority
A. Community Development Director. Requests shall be reviewed by the Community Development Director.

B. Other review authority. A request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the Community Development Director. The other discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application and be provided with the findings made by the Community Development Director.

17.95.050 Review
A. Community Development Director review. The Community Development Director shall make a written determination within 45 days of the application being deemed complete and either grant, grant with modifications, or deny a request for reasonable accommodation.

B. Other review authority. Written determination regarding a request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be made by the Community Development Director within 30 days of the application being deemed complete, who shall either grant, grant with modifications, or deny a request for reasonable accommodations.

17.95.060 Approval findings
The written decision to grant or deny a request for reasonable accommodation will be consistent with the acts and shall be based on consideration of the following factors:

A. Whether the housing in the request will be used by an individual considered disabled under the acts;

1. Whether the request for reasonable accommodation is necessary to make specific housing available to an individual considered disabled under the acts;

2. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city;

3. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning;

17.95.070 Conditions of approval.

In granting a request for reasonable accommodation, the review authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings. The conditions shall also state whether the accommodation granted shall be removed in the event that the person for whom the accommodation was requested no longer resides on the site. 2955
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Chapter 17.100 Similar Use Determination

17.100.010 Purpose
The allowed use tables of this Title may not include all possible uses. When a specific use is not listed and it is unclear whether the use is permitted by right, permitted conditionally, or prohibited, the Similar Use Determination establishes a process for the review and possible addition of new uses to the allowed use tables.

17.100.020 Applicability
A Similar Use Determination is required when a use is not specifically listed in this Title but may be allowed if it is determined to be similar in nature to a use that is permitted by right or conditionally permitted.

17.100.030 Application and Required Fees
A. Application Filing and Processing. Applications for a Similar Use Determination shall be filed and processed in accordance with the applicable procedures contained in Chapter 17.125 (Common Application Processing Procedures).

B. Application Fees. Application fees shall be collected in accordance with the provisions of Chapter 3.44 (Fees).

17.100.040 Findings for Approval
Prior to approving a Similar Use Determination (Chapter 17.100), the approving authority shall make all the following findings:

A. The characteristics of and activities associated with the proposed use are equivalent to one or more of the listed uses and will not involve a higher intensity of activity, environmental impact, or population density than other uses permitted in the zone.

B. The proposed use is consistent with the purposes of the applicable zone.

C. The proposed use is consistent with the goals and policies of the adopted General Plan and any applicable specific plan.

17.100.050 Notice of Decision
Written notice of decision shall be provided within five business days of the date of decision to the applicant and interested parties who have requested notices in writing. The notice shall include:

A. The application request as acted upon by the approving authority.

B. The action taken by the approving authority.

C. Findings as listed for the approval.

D. The deadlines, criteria and fees for filing an appeal. 2956
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17.100.060 Effective Date
Similar Use Determinations shall become effective on the date of approval unless a timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.
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Chapter 17.105 Temporary Use and Temporary Events Permits

17.105.010 Purpose.

The City Council hereby determines that temporary events and temporary use permits provide a process for administrative review for short-term activities that may not meet the normal development or use standards of the applicable zoning district but may be acceptable because of their temporary nature. The intent of these regulations is to ensure that the temporary event or 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. The City Council has enacted the following provisions to regulate and control, in a content-neutral manner, temporary uses that are conducted in the City.

17.105.020 Permit required.

Except as otherwise provided in this Title, the temporary uses listed in this section shall require the issuance of a temporary use permit (TUP) from the Community Development Director prior to establishment of the use. The Community Development Director may impose conditions on the approval of a temporary use.

17.105.030 Temporary Use Regulations.

A. Exempt Temporary Uses. The following temporary uses are exempt from the permit requirements of this section, provided 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.

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 Wildomar Municipal Code.

B. Temporary Use Permit Required. The following temporary uses and activities may be allowed, subject to the issuance of a temporary use permit. A complete application for a temporary use shall be submitted to the Planning Department at least 60 days prior to the scheduled use and include a minor or major development review application accompanied by the required filing fee outlined in Chapter 3.44 of the WMC. The application package shall also include a site plan exhibit and a signed letter from the property owner authorizing said temporary use.

1. Construction Office. A temporary construction office used during the construction of a main building or buildings on the same site as part of a development project.

2. Model Homes. A model home or model home complex may be authorized before the completion of subdivision improvements.

3. Temporary Real Estate Offices, Including Sales Trailers and Related Facilities. May be established within the area of an approved residential subdivision project, solely for the first 2958
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sale of homes. In addition, conditions of approval regulating the hours of operation, landscaping, or other aspects as deemed necessary may be imposed as part of the temporary use permit.

4. Seasonal Sales Lots. Temporary seasonal sales activities (e.g., Christmas trees, pumpkin sales, and other similar outdoor sales) may be permitted in any commercial or industrial zoning district, or on any religious facility or school site that abuts a collector or arterial roadway as designated in the Wildomar General Plan. Seasonal sales may be permitted in any non-residential zoning district upon issuance of a temporary use permit. The term of permit shall not exceed 60 calendar days per calendar year.

5. Craft-Vendor Fair/Open-Air Market. An outdoor or indoor temporary use located on private or public (city) property, except vacant and/or unimproved land where non-agricultural products are sold, including, but not limited to, arts, crafts, candy, soaps, balms, cosmetics, ceramics, bread, cheese, clothing, and handmade crafts (such as seasonal goods, ornaments, hand-dipped or rolled candles, etc.) and similar items and products for sale to the general public. Items such as meat, poultry, fish, etc., and similar foods will be allowed only to the extent there is proper refrigeration and Riverside County Health Department approval, as applicable. Craft-Vendor fair/open-air markets shall be allowed no more than six times per calendar year between the hours of 8:00 a.m. to 8:00 p.m. (Sunday through Thursday) and 8:00 a.m. to 10:00 p.m. (Friday through Saturday). Any event exceeding six times per calendar year shall require approval of a conditional use permit by the Planning Commission

6. Farmers Market (Certified). An outdoor market on public (city) or private property where farmers and other producers of agricultural and related foodstuffs and products are sold, including non-agricultural products. A certified farmers’ market is subject to the provisions of Food & Agriculture Code Sections 47000 et seq. Farmers’ markets shall be allowed no more than six times per calendar year between the hours of 8:00 a.m. to 8:00 p.m. (Sunday through Thursday) and 8:00 a.m. to 10:00 p.m. (Friday through Saturday). Any event exceeding six times per calendar year shall require approval of a conditional use permit by the Planning Commission.

7. Temporary dwellings, including mobile homes, when a primary dwelling is being constructed or remodeled may be permitted, provided a valid building permit has been issued. The temporary dwelling shall be limited to a maximum of one year and then must be removed from the premises. Recreational vehicles are prohibited as a temporary dwelling.

8. Temporary Outdoor Parking Lot Dining.
a. Temporary parking lot dining that utilizes required parking spaces for outdoor dining for its customers shall be temporary in nature, shall not increase the general intensity of the restaurant use, shall facilitate safe business operations, and shall not exceed a period of time equal to 12 months.
i. If the business owner would like to convert the temporary outdoor parking lot dining area to a permanent feature, then the business owner shall, with the written authorization of the property owner, submit a substantial conformance application at least six months before expiration of the temporary use. The substantial 2959
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conformance application will be subject to the same safety features listed below, including the required parking analysis.
ii. If the number of parking spaces is reduced below the minimum required for the site, the Community Development Director may require bicycle rack parking in accordance with the provisions of Section 17.155.060 (Bicycle Parking Facilities). b. Temporary parking lot dining must include safety improvements to protect customers, including, but not limited to, raised platforms (equal to height of adjacent walkway to meet ADA requirements), bollards placed 36 inches on center, K-rails around the perimeter of the parking spaces used for outdoor dining or other similar safety barriers. a. The Community Development Director may require a parking analysis based on existing site conditions as part of the substantial conformance review. b. The applicant shall first receive written approval from the property owner prior to submitting a temporary use permit application and shall include the letter in the application package.
c. The parking lot dining area shall not encroach into any drive aisles or fire lane. d. The applicant shall be responsible for obtaining the proper state A.B.C. license approval if alcohol is served in the outdoor dining area. Said state A.B.C. approval shall be submitted with the application package.
e. The restaurant owner shall agree to indemnify the City and sign the indemnity clause on the temporary use permit application.

9. Temporary Use of Land.
a. The Community Development Director may approve, conditionally approve, or deny the temporary use of land in any zone classification, when such temporary use is in conjunction with the repair or construction of streets, highways, or public utilities, for a period of time not to exceed six (6) months.
b. The Planning Commission may approve, conditionally approve, or deny the temporary use of land in any zone classification, when such temporary use is in conjunction with the repair or construction of streets, highways, or public utilities, for a period of time that exceeds six (6) months.
c. In both cases, an encroachment permit may be needed from the Public Works Department prior the use of the land.

10. When a temporary use is not specifically listed in this section, the Community Development Director shall determine whether the proposed use is similar in nature to listed use(s) and shall establish the term and make necessary findings and conditions for the particular use.
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C. Findings for Temporary Uses. A temporary use permit shall meet all the findings below. If the Director does not make all of these findings, the temporary use permit shall be denied.

1. The establishment, maintenance, or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use.

2. The use, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.

3. Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Title.

D. Conditions. In approving a temporary use permit, the Director may impose such applicable conditions to ensure the protection of the public health, safety, and general welfare. Such conditions may include, but not be limited to, the following:

1. Measure to minimize impact on adjacent uses, such as buffers, hours of operation, lighting requirements, and/or parking measures.

1. Property maintenance requirements to ensure that each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use.

2. Appropriate performance guarantees/security may be required before initiation of the use to ensure proper cleanup after the use is finished.

3. Other conditions of approval deemed reasonable and necessary to ensure that the approval would be in compliance with the findings above.

E. Revocation. A temporary use permit may be revoked pursuant to and in accordance with Section 17.125.150 (Revocation of Variance or Permit).

17.105.040 Temporary event regulations.

Notwithstanding any other provision of this chapter to the contrary, a “major event” shall only be held indoors in an established facility as defined in this chapter. A “minor event” may be held indoors in an established facility or outdoors. All major and minor temporary events shall comply with the following use regulations.

A. Temporary Event Permit Application. A complete application for a major or minor temporary event shall be submitted to the Community Development Director, or designee, at least 60 days prior to the scheduled event, or as otherwise approved by the City Manager, or designee. The application shall include a minor or major development review accompanied by the required filing fee. The application package shall also include a signed letter from the underlying property owner authorizing said event on the property in question. If the event is held within a multi-tenant commercial center, the application package shall also include a signed letter from each business owner that may be affected by the event.

B. Use Time Limitation. A major or minor temporary event shall be allowed no more than six times per calendar year subject to the requirements specified in subsection C below. Any event 2961
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exceeding six times per calendar year shall require approval of a conditional use permit by the Planning Commission.

C. Requirements for Approval. The Community Development Director shall approve a major or minor temporary event provided all of the following requirements are complied with.

1. The use limitation discussed in subsection B of this section has not been exceeded by the same applicant.

1. There is no pending code enforcement action on the property underlying the proposed event location.

2. A noise and lighting mitigation plan shall be approved by the Planning Department for events held at night.

3. An access and parking plan has been approved by the Public Works Director.

4. A fire protection plan has been approved by the Fire Department, if applicable.

5. A security operations plan has been approved by the Police Department, if applicable.

6. If food is prepared and served as part of the event, the applicant shall obtain a permit from Riverside County Environmental Health Department. A copy of the approved permit shall be submitted with the application package.

7. If alcohol is proposed for sale for on-site consumption, the applicant shall obtain the appropriate license from the State Department of Alcohol Beverage Control (ABC). A copy of the approved license shall be submitted with the application package.

8. The event shall not block, restrict, or impair any of the following:
a. The public’s view of another business or activity on the property where said event is being held.
b. The public’s view of business signage for adjacent tenants in the commercial center where said event is being held.
c. The view or visibility of the operator of any motor vehicle. d. The movement of any pedestrian or motor vehicle on the public right-of-way. e. The points of ingress and egress to the commercial site where the event is being held.

9. No signage may be located in the public right-of-way without the approval of an encroachment permit made by the City Engineer.

10. Any signage/banners proposed to be used for the event shall comply with the regulations outlined in Chapter 17.180 (Signs).

11. Temporary tents or shade structures/easy-ups are permitted to be used to shade vendors and their products.

D. Hours of Operation. A major or minor temporary event shall be permitted only between the hours of 8:00 a.m. to 8:00 p.m. (Sunday through Thursday) and 8:00 a.m. to 10:00 p.m. (Friday through Saturday). Any event outside of these hours shall be approved by the City Council prior to the temporary event application submittal to the Planning Department. 2962
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E. Bond and Insurance. The Community Development Director may require an applicant for a major and/or minor event to post a bond, or to otherwise financially secure 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 Community Development Director shall determine the amount of the bond or other security and the applicant shall post it with the Chief Building Official. The Community Development Director may also require an applicant for a major and/or minor event to obtain indemnity or liability insurance naming the City as the insured if the event is held on public property.

F. Advertising/Ticket Sales. No person shall advertise, sell, or furnish tickets for a minor event until a permit has been obtained for the event in accordance with this chapter.

G. Revocation. A minor event permit may be revoked pursuant to and in accordance with Section

17.125.150 (Revocation of Variance or Permit).
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Chapter 17.110 Permits for Home-based businesses
The purpose and intent of the home-based business permit is to establish a lawful home-based business within an existing residential dwelling, and to establish a review procedure so that certain home-based businesses may be established in residential neighborhoods under conditions that will ensure their compatibility with the surrounding neighborhood. They are intended to protect the rights of the residents to engage in certain home-based business that are harmonious with a residential environment. Cottage industries shall be allowed subject to the standards in this chapter.

17.110.010 Applicability
A. Home-based business Permit Required. The provisions of this chapter shall apply to the operation of a home-based business in the primary residential dwelling. A Home-based business Permit is intended to allow for registered, independent enterprises conducted within homes, which are clearly incidental and secondary to the use of the dwelling unit, and are compatible with surrounding residential uses.

B. Permit Required. A home-based business shall not commence operation prior to being approved and receiving a concurrent valid business registration permit pursuant to Chapter

5.68 (Business License and Registration Program) of the Wildomar Municipal Code.

C. Prohibited Home-Based Businesses. Certain uses are not compatible with residential activities and shall be prohibited. Prohibited home-based businesses shall include those that do not meet the criteria of Section 17.110.050.

17.110.020 Development Standards – Home-based business
A home-based business, including in-home offices, shall be allowed within a primary dwelling unit on property used for residential purposes, subject to the following conditions:

A. The use of the dwelling for a home-based business shall be clearly incidental and subordinate to its primary use as a residence by its inhabitants. The establishment and conduct of a homebased business shall not change the principal character or use of the dwelling unit or property involved and be subject to the following.

1. There shall be no exterior evidence of the conduct of a home-based business, including outdoor display of equipment, materials, or supplies related directly or indirectly to the home-based business activity. A home-based business shall be conducted entirely within the residence or an attached garage, with the exception of tutoring in sports.

2. Only the residents of the dwelling unit may work for the home-based business.

3. There shall be no signs, banners or flags identifying or advertising the home-based business.

4. The home-based business shall not create vehicular or pedestrian traffic in excess of that which is normal for the residential neighborhood in which it is located.

5. The required residential off-street parking shall be maintained per Chapter 17.155 (Parking and Loading) of Title.
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6. There shall be no separate entrance or exit way specifically provided in the dwelling or on the premises for the conduct of the home-based business, unless required by local or state law;

7. There shall be no storage, process, procedure, substance, or chemical used which is hazardous to public convenience, health, safety, or general welfare or that changes the fire safety or occupancy classifications of the residence.

8. Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited. Home-based business activities shall not produce dust, glare, noxious matter, or vibrations beyond the subject property lines.

9. Except as provided in paragraph 10, home-based businesses may have a maximum of one customer or vendor on the premises at any one time, between 8:00 a.m. and 8:00 p.m., Monday through Saturday. Home-based businesses shall not host customers or vendors on the premises more frequently than one customer or vendor within a 2-hour time period.

10. Home-based businesses involving tutoring of students in music, academics, dance, swimming, or tennis at a residence may have a maximum of six (6) non-resident students at any one time, and no more than 12 non-resident students during any one day. Sports related tutoring may be conducted between 8:00 a.m. and 8:00 p.m., Monday through Saturday.

11. The home-based business use shall not have utility services modifications, other than those required for normal residential use that would be classed as commercial or industrial in load or design.

12. The home-based business shall comply with all noise, lighting, nuisance, health/safety, and other applicable city and state regulations.

17.110.030 Prohibited Home-based business
A. Automotive sales or repair (body or mechanical), upholstery and painting.

B. Medical offices, clinics and laboratories.

C. Cannabis dispensaries and sales.

D. Household appliance repairing.

E. Welding.

F. Industrial uses of any kind.

G. Outdoor storage uses of any kind
H. Similar uses as determined by the Community Development Director.

17.110.040 Cottage Food and Microenterprise Home Kitchen Operations A. Cottage Foods Operations are required to obtain a Home-based business Permit and City Business Registration and shall be permitted as defined by Health and Safety Code Section 113758, conducted only within a dwelling that contains the dwelling's kitchen and shall not be allowed in a garage or other accessory building.
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1. There shall be no on-premises sale of goods except as allowed for a Cottage Food Operation by Health and Safety Code Section 114365 and with a valid County of Riverside Cottage Food permit from the Department of Environmental Health. Occasional transport of goods from the premises for off-site sale may occur. Internet sales are not considered onpremises sale of goods.

B. Microenterprise Home Kitchen Operations are required to obtain a Home-based business Permit and City Business Registration and shall be permitted as defined by Health and Safety Code Section 114367 conducted only within a dwelling that contains the dwelling's kitchen and shall not be allowed in a garage or other accessory building.

1. There shall be no on-premises sale of goods except as allowed for a Microenterprise Home Kitchen Operations by Health and Safety Code Section 114367 and with a valid County of Riverside Microenterprise Home Kitchen Operations food permit from Department of Environmental Health. Occasional transport of goods from the premises for off-site sale may occur. Internet sales are not considered on-premises sale of goods.

17.110.050 Application and Required Fees
A. Application Filing and Processing. Applications for Home-based business Permits shall be filed and processed in accordance with this Chapter and Chapter 5.68 of the Wildomar Municipal Code.

B. Application Fees. All fees shall be provided by the applicant before the application is submitted and accepted for processing.

C. Business Registration Required. All home-based businesses shall be required to obtain approval of a City business registration in accordance with Chapter 5.68 of the Wildomar Municipal Code.

D. Owner Consent. For home-operated businesses conducted on rental property, the property owner’s written authorization for the proposed use shall be obtained prior to submittal of an application for a Home-based business Permit and Business Registration.

17.110.060 Approval Authority
The Community Development Director, or authorized representative(s), is authorized to administratively approve a home-based business permit. A public hearing shall not be required for issuance of a home-based business permit, unless subject to an appeal.

17.110.070 Findings for Approval
A. Home-based business Permit. Prior to approving an application for a Home-based business Permit, the approving authority shall make all the following findings:

1. The proposed home-based business is consistent with the adopted General Plan and any applicable specific plan, as applicable.

2. The proposed home-based business meets all applicable development and operational standards for development and other provisions of this Title. 2966
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3. The establishment, maintenance, or operation of the home-based business 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.

17.110.080 Effective Date
A home-based business shall become effective immediately on the date an approval is issued by the approving authority.

17.110.090 Expiration
An approved home-based business Permit shall run concurrently with a valid Business Registration and shall be renewed annually on the anniversary date the permit and registration were issued.

17.110.100 Extension of Time
No extensions of time are necessary as an approved Home-based business Permit does not expire.

17.110.110 Modifications
Any modification to an approved Home-based business Permit shall be processed as a new application.

17.110.120 Transferability
Home-based business Permits are not transferrable to another property or business operator without approval of a new application and approval of a new business registration. 2967
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Chapter 17.115 Sign permit.

17.115.010 Purpose
No person shall erect, use, or maintain signs in the incorporated area of the city, except in accordance with the following provisions. The changing of an advertising message or customary maintenance of legally existing signs shall not require a permit pursuant to this section. All signs shall be constructed, used, and maintained in accordance with Chapter 17.180 (Signs).

17.115.020 Permit procedure
A. Application. In addition to all other applicable federal, state, and local laws, rules, regulations, and ordinances, no permanent or temporary signs shall be placed, erected, used or maintained until a sign permit or a temporary sign permit has been issued by the Chief Building Official on the form provided by the building department accompanied by the required filing fee. The contents of the application shall be determined by the Chief Building Official.

B. Standards. Sign permit applications shall be reviewed for compliance with the sign regulations and standards outlined in Chapter 17.180 of this Title. 2968
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Chapter 17.120 Pre-Application Review (PAR) Procedures

17.120.010 Purpose.

Pre-application review (PAR) is a required procedure for all development proposals identified below.

The purpose of PAR is to:

A. Advise a prospective applicant of current City standards and requirements; B. Assess whether a prospective applicant’s development proposal is consistent with the Wildomar General Plan, Title 17, and other current City standards and requirements before a formal application is actually filed and fees are paid; C. Shorten the length of time required to process a formal development proposal once it has been accepted for processing;
D. Encourage development proposal designs which are sensitive to environmental and developmental constraints, and which lessen the need for subsequent costly and time consuming redesigns;
E. Provide a written record of staff’s assessment of a development proposal in the form of a PAR staff review comment letter;
F. Limit requests for special studies to those identified in the PAR letter.

17.120.020 Classifications
Development proposals which are subject to a PAR application are noted below.

Table 17.120.020- 1: Development Proposal Types
General Plan Amendments and Zone Changes
Specific Plans and Amendments to Specific Plans
Development Agreements
Conditional Use Permits (for all development types)
Major Development Review Permits (all development types) Revised Permits (all types)
Tentative Parcel Maps (all types)
Tentative Tract Maps (all types)
Vesting Maps (all types)

17.120.030 Applications.

A. Every PAR application shall be made in writing to the Community Development Director on the forms provided by the Planning Department. The application shall be accompanied by the filing fee set forth in Chapter 3.44 (Fees) of the Wildomar Municipal Code. All primary exhibits or maps submitted with an application must be clearly drawn and legible.

B. The amount of information which an applicant must submit with a PAR application increases with the complexity of the development proposal. The information required under subsections 2969
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C and D of this section is considered to be the minimum required, and the Community Development Director may require additional information if the information submitted does not adequately define the proposal.

C. All PAR applications submitted by an Applicant shall submit a PAR site plan packet containing the following information:

1. Name, address and telephone number of the applicant;

2. Name, address and telephone number of the land owner;

3. Name, address and telephone number of the map or exhibit preparer;

4. Assessor’s parcel number(s) and, if available, the property’s address;

5. Scale of the site plan exhibit (i.e., number of feet per inch). The exhibit must use an engineer’s scale (i.e., one inch equals 10 feet or an even multiple of 10 feet). An architect’s scale is only acceptable for floor plans, elevations and landscaping plans;

6. North arrow;

7. Title of the exhibit (e.g., “Development Review,” “Tract Map No.,” etc.);

8. Proposed improvement schedule (i.e., Schedule “A,” “B,” “C,” etc.) as noted in Title 16 where applicable;

9. Overall dimensions and approximate total net and gross acreage of the property;

10. Project boundary lines;

11. Existing and proposed Zoning and land use of property as well as existing Zoning and land use of surrounding property;

12. Location and dimensions of existing and proposed ingress and egress, and methods of vehicular circulation,

13. Identify waste disposal system proposed (i.e., subsurface septic system or sewer);

14. Location and dimensions of existing dwellings, buildings or other structures, labeled as existing, and indicating whether they will remain or be removed;

15. Setback dimensions of existing structures and paved areas that are to remain;

16. Vicinity map inset showing the site’s relationship to major highways, access roads, and cities. Paved roads both existing and proposed must be labeled or shown by heavy dark lines. Streets, alleys, and rights-of-way providing legal access to the property must be indicated. A north arrow for the vicinity map inset is also required.

17. FEMA mapped floodplains and floodways including zone designations, when applicable;

18. For land divisions:
a. Proposed lot lines and approximate lot dimensions, or b. Proposed boundary lines and approximate dimensions for each lot or space in the case of mobile homes or recreational vehicles.

The exact dimensions of each lot, space or site are unnecessary. For example, although there may be some variation in size and/or shape, if most lots are expected to be a 60-foot wide and 100-foot deep rectangle, then all lots may be represented this way on the PAR site plan exhibit; 2970
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1. If the project is within a specific plan, the specific plan planning area number and the land use designation of the subject property and all surrounding property;

2. For condominiums, mobile home parks, or recreational vehicle parks:
a. Number each condominium, mobile home, or recreational vehicle space and indicate the total number of each type of unit, lot or space,
b. Delineate common areas, open space, and recreational areas. For each area, give its dimensions, acreage, any proposed uses, and the name of the proposed owner(s) or entity(ies) who will maintain it.

The exact dimensions of each lot, space or site are unnecessary. For example, although there may be some variation in size and/or shape, if most lots are expected to be a 60-foot wide and 100-foot deep rectangle, then all lots may be represented this way on the PAR exhibit;

1. As required by Title 16, a restricted single-family residential subdivision (i.e., R-2 zone), shall provide the following: building footprints, floor plan assignments, proposed setbacks, pad elevations, street grades, and all cut and fill slopes in excess of one foot in vertical height.

17.120.040 Procedures.

Once the Community Development Director determines that a PAR application is submitted and complete, the Community Development Director shall:

A. Distribute the PAR application packet to city departments, applicable outside agencies and affected special districts for review and comment;
B. Conduct an internal PAR review meeting to discuss the development proposal after the city departments, applicable outside agencies and affected special districts have had two (2) weeks to review the proposal.

C. Within four (4) weeks after the PAR application is submitted and reviewed, the planning department shall prepare a PAR staff review comment letter for the applicant.

17.120.050 Pre-application review letter.

A. The PAR letter shall contain staff review comments on the applicant’s development proposal but shall not constitute or be considered approval or denial of the development proposal.

Although the content of the PAR letter will depend on the type of proposal, its proposed location, the background information provided by the applicant, and other factors, the letter shall generally provide the applicant with the following types of information:

1. Any applications which must be filed to process the proposal as well as any timing requirements associated with filing such applications. Applications which may be required include, but are not limited to, the following: General Plan amendments, Specific Plans, Change of Zone, tract maps, and parcel maps;

2. Any special technical studies (including CEQA studies) which must be filed to process the proposal as well as any timing requirements associated with filing such special studies.

Special studies which may be required include, but are not limited to, the following: fiscal 2971
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impact, service and infrastructure impact, private debt burden, biological, archeological, paleontological, geological, flood, traffic, slope stability and noise studies;

3. Any special plans which must be filed to process the proposal. Special plans which may be required include, but are not limited to, the following: conceptual grading plans, detailed grading plans, stormwater pollution prevention plans, dust control plans, and area development plans;

4. Compliance with the City’s single family/multi-family residential, and commercial design standards and guidelines;

5. Current application processing fees.

6. Any major environmental issues associated with the proposal, including the possible need for an MND or EIR subject to the anticipated environmental assessment;

7. Any major design considerations associated with the proposal (e.g., internal drainage design or limitations on density);

8. The availability of water, sewer, and fire flow rate;

9. The changes that staff will require before making an approval recommendation, or a statement that an approval recommendation will not be made given the proposal’s present configuration;
B. No issues other than those identified in the PAR letter shall be raised by staff during processing of the development proposal, unless the formal proposal introduces a new site plan or use type. The PAR letter shall be valid for one (1) year from the date thereof.

C. Where the Community Development Director subsequently determines, however, that conditions have changed or that the existing information does not fully address all significant concerns, staff may require an additional study or studies not specified in the PAR letter.

Similarly, City and special district policies may change during the letter’s one-year life, and policy recommendations, which were valid when the letter was issued, may or may not be valid when the development proposal is filed and processed. In such cases, the development application will be subject to City and special district policies in effect at the time of filing or hearing, whichever is appropriate. State and federal policies and laws unknown or not effective at the time of PAR may also affect the subsequent application.

D. Notwithstanding the above, the PAR letter shall not in any manner whatsoever bind the appropriate hearing officer or approval authority and shall not preclude such hearing officer or approval authority from requiring additional information or studies or from making additional recommendations in the course of the decision-making process.

17.120.060 Revisions.

The PAR letter shall apply to the formal development proposal described in the PAR application.

Substantial revisions to the proposal after issuance of the PAR letter which do not conform to the comments of the letter shall invalidate the letter. To process a substantially revised proposal, a new PAR application and a new application fee will be required of the applicant. For the purposes of this section, the Community Development Director shall determine whether or not revisions made are substantial.
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Chapter 17.125 Common Application Processing Procedures

17.125.010 Purpose and Applicability.

The purpose of this chapter is to establish procedures necessary for the efficient processing of land use and development applications, permits and other approvals. These common procedures apply to all permits and approvals described in this Title, unless superseded by a specific requirement of Title 17 or State law.

17.125.020 Applications.

A. All applications for a permit or approval, as identified in this Title, must be submitted to the Planning Department on a completed City application form designated for the specific proposal.

B. Minimum submittal requirements shall be established by the Community Development Director and are listed on each application type. Additional information specific to the permit or approval and necessary for the complete analysis of an application may be required by the Community Development Director. All required material, information and fees shall be provided by the applicant before the application is submitted and accepted for processing.

C. All applicable processing fees as set forth in Chapter 3.44 (Fees) of the Wildomar Municipal Code for each development application type shall be submitted simultaneously with the proposed development application(s), development plans and technical studies. Applications initiated by the City shall not require an application fee.

17.125.030 Initiation of Application
Applications may be initiated by any interested party, the Community Development Director, Planning Commission or City Council, except that for any application proposing the specific use or development of land, such application shall only be initiated by either of the following:

A. Property owners or all contract purchasers of a subject property, or any person authorized in writing to act as an agent of the owner or contract purchasers.

B. Public agencies or utilities that have statutory rights of eminent domain for projects they have the authority to construct.

17.125.040 Determination of Completeness
A. Initial Determination. Within 30 days of application submittal, the Community Development Director shall determine whether the proposed development application is complete in accordance with Government Code Section 65493 (Permit Streamlining Act). The Community Development Director shall notify the applicant in writing that one of the determinations has been made:

1. Complete Application. All submittal requirements have been satisfied and the application has been deemed complete for processing.
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2. Incomplete Application. Specific information is missing and is still necessary to complete the application. The incomplete letter may also identify design review comments from each city department and preliminary information regarding the areas in which the submitted application is not in compliance with City development standards, design requirements and application requirements.

B. Application Resubmittal. Any application resubmittal shall include the application determination letter and applicant response letter where in the resubmittal the additional information can be found.

C. Determination on Resubmittal. Within 30 days of submittal of a revised development application package, in response to a determination of incompleteness, the Community Development Director shall determine whether the resubmitted application is complete. The Community Development Director shall notify the applicant in writing that a determination has been made.

D. Right to Appeal. The applicant may appeal the determination in accordance with Section

17.125.110 (Appeals) and California Government Code Section 65493 (Permit Streamlining Act). A final written determination on the appeal shall be rendered not later than 60 days after receipt of the applicant’s written appeal.

17.125.050 Application Review and Report
A. After acceptance of a complete application, the project shall demonstrate compliance with Title 14 of the California Code of Regulations (CEQA Guidelines). If Title 14 of the California Code is amended, such amendments will govern City procedures.

B. The Community Development Director may refer an application for review and comment to any other government agency and/or City department that he/she determines appropriate to ensure compliance with all provisions of this Title, the Wildomar Municipal Code, and other adopted policies and plans.

C. Reports for an application shall be prepared and disseminated as follows:

1. For applications decided at the administrative level, the Community Development Director will prepare a report for the file, including a decision to approve, conditionally approve, alter, or deny the application.

2. For applications to be heard by the Planning Commission and/or City Council, the Community Development Director will oversee preparation of a report to the recommending authority, if applicable, and designated approving authority describing the project and may include a recommendation to approve, conditionally approve, alter, or deny the application.

The report shall be provided to the applicant prior to consideration of the application at least 72 hours prior to the meeting, or with the agenda packet for the meeting, whichever is earlier. The report may be amended as necessary or supplemented with additional information at any time prior to the hearing to address issues or information not reasonably known at the time the report is prepared.
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17.125.060 Withdrawal of Application
A. Request. The Community Development Director may withdraw any application upon written request by the applicant or authorized agent representative prior to the final determination on the application.

B. Notice of Withdrawal. The Community Development Director shall mail a notice of withdrawal to the applicant within three (3) business days to notify the applicant that the application has been withdrawn and that all processing of the application has been terminated. A copy of the notice shall be placed in the project file. If the applicant subsequently wishes to pursue the project, a new application, including fees, plans, exhibits and other materials must then be filed in compliance with the Chapter.

C. Fees Partially Refunded. Partial refunds of unused permit fees collected by the City may be granted, at the discretion of the Community Development and Administrative Services Directors only if, prior to staff making a determination or recommendation on the application, the applicant submits a written request to withdraw the application.

17.125.070 Public Hearing and Notice
A. Public Hearing Required. Where required pursuant to this Title, the following procedures shall govern the public notice and public hearing for a permit or other approval.

B. Notice of Public Hearing.

1. Content. The notice of public hearing shall include the following information:
a. Date, time and place of hearing.
b. Identification of the reviewing or approving authority. c. Location of project.
d. Project description.
e. CEQA determination statement, if applicable.
f. Statement related to appeals and challenges, if applicable. g. Information on the availability and location of staff reports and public review materials.

2. Delivery. Pursuant to California Government Code Sections 65090 to 65094, not less than 10 days before the scheduled date of a hearing, public notice shall be given of such hearing in the manners listed below.
a. Notice of public hearing shall be published in at least one newspaper of general circulation in the City at least 10 days prior to a scheduled public hearing. b. Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of property within a minimum radius of 600 feet (1,000 feet for GPA’s, Zone Changes and Specific Plans) of the exterior boundaries of the property involved in the application or to 25 property owners within a radius of up to one mile around the project, whichever is greater, as determined by the Community 2975
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Development Director, using for this purpose the last known name and address of such owners as shown on the last equalized assessment roll or those names and addresses known to the City. The radius may be increased as determined to be necessary and desirable by the Director based on the nature of the proposed project. c. If the number of owners exceeds 1,000, the City may in accordance with the Government Code, in lieu of a mailed notice, provide notice by placing a notice of at least 1/8 page in one newspaper of general circulation within the City. d. Notice of the public hearing shall be mailed to the owner of the subject real property or the owner’s authorized agent, to the project applicant, and to each local agency expected to provide water, sewerage, schools or other essential facilities or services to the proposed project and whose ability to provide such facilities or services may be significantly affected.
e. Notice of the public hearing shall be posted at City Hall and the local U.S. Post Office. f. Notice of the public hearing shall be posted on the property in accordance with the requirements of Ordinance No. 135. The number and location of the posted notices shall be as follows:
i. For properties five acres or less in size, one sign per improved street frontage shall be posted on site.
ii. For properties greater than five acres in size, two signs per improved street frontage shall be posted on site.
iii. For properties that are unusually shaped or within a unique location, the Community Development Director may determine the location(s) for posted notices or require additional noticing of the proposed project. g. Notice of the public hearing shall be mailed to any person who has filed a written request for such notice and provided self-addressed stamped envelopes. Alternatively, a notice can be emailed at no cost upon subscribing to the City’s list serve. h. In addition to the notice required by this section, the City may give notice of the hearing in any other manner it deems necessary or desirable
C. Requests for Notification. Any person who requests to be on a mailing list for notice of hearing shall submit such request in writing to the City Clerk. The City may impose a reasonable fee for recovering the cost of such notification.

D. Receipt of Notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this Title shall not constitute grounds for any court to invalidate the actions of a designated approving authority for with the notice was given. 2976
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17.125.080 Public Hearing Procedure.

Hearings as provided for in this chapter shall be held in accordance with the provisions of Section 17.125.080 (Public Hearings and Procedures), as well as the following provisions:

A. Hearings shall be held at the date, time and place for which notice has been given as required in this chapter. The recommending authority and approving authority shall conduct the public hearing and hear testimony from interested persons.

B. Any hearing may be continued to a certain date, time, and place with no additional notice required. The continuance may occur either before the item is heard (if no one is present to testify or all those present consent to the continuance) or after testimony has been taken and before the completion of the hearing.

C. If the hearing is not continued to a date, time, or place certain, the hearing shall be re- noticed in accordance with the procedures of Section 17.125.080.

17.125.090 Notice of Decision.

A. Written notice of decision of the approval authority shall be provided to the applicant and all parties requesting such notification within seven (7) business days of the decision and shall contain all conditions of approval. A Notice of Decision is not required for actions of a recommending body.

1. Whenever any person desires to obtain a recording of a public hearing held by the City Council or the Planning Commission, he or she shall notify the City Clerk in writing, if the hearing is before the City Council, or the Secretary of the Planning Commission if the hearing is before the Planning Commission.

2. Whenever any person desires to obtain a Clerk’s transcript of the documents involved in a proceeding before the City Council or the Planning Commission, he or she shall make a written request to the City Clerk, if the matter is before the City Council or to the Secretary of the Planning Commission, if the matter is before the Planning Commission. The Clerk or Secretary shall determine the number of pages involved and require payment, if applicable, in advance for the transcript at the current rate.

17.125.100 Approval authority.

A. Recommending Authority. The recommending authority, denoted with an R, as designated in Table 17.125.100-1 (Designated Authority for Permits and Approvals) shall hear and make recommendations on the proposed land use or development permit or approval in accordance with the requirements of this Title.

B. Approving Authority. The approving authority, denoted with an A, as designated in Table

17.125.100-1 (Designated Authority for Permits and Approvals) shall approve, conditionally approve or deny the proposed land use or development permit or approval in accordance with the requirements of this Title. Generally, the Community Development Director and his/her designee will make non- discretionary and discretionary decisions at the administrative level, the Planning Commission will make discretionary decisions, and the City Council will make the 2977
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legislative decisions. In acting on a permit, the approving authority decision may be appealed pursuant to procedures set forth in Section 17.125.110 (Appeals).

C. At any point in the review process, the Community Development Director at his/her discretion may transfer approving authority to the Planning Commission or City Council because of policy implications, unique or unusual circumstances, or the magnitude of the project.

Table 17.125.100-1: Designated Authority for Approval
Approval Type (Chapter) Type of Action
Designated Authority
Community
Development
Director
Planning
Commission
City
Council
Accessory Dwelling Unit
Permit
Ministerial A
Conditional Use Permit Discretionary R A
Development Agreement Legislative R R A
Development Review, Minor Ministerial A
Development Review, Major Discretionary R A
Finding of Public Convenience
and Necessity
Discretionary R A
General Plan Amendment Legislative R R A
Home-based business Ministerial A
Large Family Daycare Permit Ministerial A
Minor Exception Ministerial A
Official Code Interpretation Ministerial A
Planned Residential
Development
Discretionary R R A
Reasonable Accommodation Discretionary A
Sign Permit Ministerial A
Similar Use Determination Ministerial A
Specific Plan, or Specific Plan
Amendment
Legislative R R A
Substantial Conformance
Determination
Discretionary A
Temporary Use Permit Discretionary A
Variance Discretionary R A
A = Approving Authority; R = Recommending Authority
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17.125.110 Appeals.

An applicant or any other interested party may appeal the decision of the Community Development Director or Planning Commission by the following procedure:

A. Appeals of Community Development Director Decisions. Decisions of the Community Development Director may be appealed to the Planning Commission by filing a written appeal and prescribed appeal fee with the Planning Department.

B. Appeals of Planning Commission Decisions. Decisions of the Planning Commission may be appealed to the City Council by filing a written appeal and prescribed appeal fee with the City Clerk.

C. Time Limits. Unless otherwise specified in State or federal law, all appeals shall be filed in writing within 10 calendar days after the date on which the action was taken. In the event an appeal period ends on a Saturday, Sunday, or any other day the City is closed, the appeal period shall end at the close of business on the next consecutive business day.

D. Procedures.

1. Filing. The appeal shall be filed with the prescribed form and shall identify the name(s) and contact information of person(s) appealing, the decision being appealed and clearly and concisely state the reasons for the appeal. The appeal shall be accompanied by the required fee set forth in Chapter 3.44 (Fees) of the Wildomar Municipal Code.

2. Proceedings Stayed by Appeal. The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of City building permits and business registration.

3. Transmission of Record. The Community Development Director, or in the case of appeals to the City Council, City Clerk, shall schedule the appeal for consideration by the authorized hearing body. The Community Development Director shall forward the appeal, the Notice of Action, and all other documents that constitute the record to the hearing body. The Community Development Director shall also prepare a staff report that responds to the issues raised by the appeal and may include a recommendation for action.

4. Standards of Review. When reviewing any decision on appeal, the appeal body shall use the same standards for decision-making required for the original decision. The appeal body may adopt the same decision and findings as were originally approved; it also may request or require changes to the application as a condition of approval.

5. Public Notice and Hearing. Public notice shall be provided and the hearing conducted by the applicable appeal body pursuant to Chapter 17.125 (Common Application Processing Procedures). Notice of the hearing shall also be given to the applicant and party filing the appeal and any other interested person who has filed with the City Clerk a written request for such notice. In the case of an appeal of a Planning Commission decision, notice of such appeal shall also be given to the Planning Commission. The Planning Commission may be represented at the hearing.

6. Action. An action to grant an appeal shall require a majority vote of the hearing body members in attendance at the hearing. A tie vote shall have the effect of rejecting the appeal.
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7. Request for Review.
a. The City Council shall review a Planning Commission or Community Development Director decision regarding Subdivisions (Title 16) or Zoning (Title 17) matters brought before the Planning Commission for hearing or to the Community Development Director for a Planning Director hearing, if two or more Council members independently file a Council review form with the City Clerk within 10 days after the decision of the Planning Commission or Planning Director. The review form shall be prescribed by the City Clerk and shall not require the Council member to state a reason for the request for review.

For all requests for review, it shall be presumed that the reason for the request is that the decision may have significant and material effects on the quality of life within the City or that the subject matter of the decision may have City-wide importance warranting review and determination by City's elected officials. Bias shall not be presumed or inferred due to a request for review.
b. The City Clerk shall schedule the review hearing for commencement within 60 days of the receipt of a request for review. There shall be no fee for filing a request for review.

The review shall otherwise follow the procedures that would be applicable if an appeal of the decision were filed by an interested person, including, but not limited to, any public notice requirements. If there is no specific appeal procedure, then the review shall follow the procedures of this Chapter
c. The Council review hearing shall be conducted as a hearing de novo. d. The effectiveness of a Planning Commission or Planning Director decision subject to Council review shall be stayed pending completion of the Council review proceedings.

17.125.120 Permit Time Limits, Expiration, and Extensions A. Time Limits. Any permit not exercised within the specified time limit from the date of approval shall expire and become void, except where an extension of time is approved pursuant to this Section. See Table 17.125.120-1 for permit timelines, expiration, and extensions.

Table 17.125.120-1 Permit timelines, expiration, and extensions Type of Approval Initial
Time
Extension
Time
Total
Time
Number of
Extensions
Extension Approval
Authority
Ministerial N/A N/A 3 years N/A Community Development
Director
Discretionary 3 years 6 years 9 years 3 Planning Commission Development Review, Minor 3 years 6 years 9 years 3 Community Development Director
Development Review, Major
(including tentative tract/parcel
maps)
3 years 6 years 9 years 3 Planning Commission
Conditional Use Permit 3 years 6 years 9 years 3 Planning Commission Variance 3 years 6 years 9 years 3 Planning Commission
Note: In accordance with Ordinance No. 231 (approved June 10, 2023) an additional 2 years of time to issue permits and begin construction may be approved by the Planning Commission for the above development projects if all prior extension of times have been exhausted and which are due to expire between September 1, 203 and July 30, 2025. 2980
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B. Exercising Permits. The exercise of a permit occurs when the property owner has performed substantial work and incurred substantial liabilities in good faith reliance upon such permit(s), as determined by the Community Development Director. A permit may be otherwise exercised pursuant to a condition of the permit or corresponding legal agreement that specifies that other substantial efforts or expenditures constitutes exercise of the permit. Following are the criteria for determining if a permit has been exercised and therefore would not expire:

1. A grading permit followed by a building permit issuance, and construction commenced (and ongoing) on the project.

2. A certificate of occupancy is issued for the use or structure.

3. The site is occupied in accordance with the approved permit.

4. The site is occupied in accordance with an approved phase of a phased development and development has been diligently pursued for future phases of an approved permit.

5. An extension of time is approved in accordance with Section 17.125.120, if applicable.

C. Permit Extensions. All permits granted pursuant to this chapter shall be valid for the length of time specified in Table 17.125.120-1, following the approval of said permit, unless the permit as granted specifies a shorter initial time period. The permit shall become null and void unless the permits have been issued and the use commences, or the approved permit is extended by request of the permittee under the provisions of this chapter. The term "use commences" means either the beginning of substantial construction of facilities for 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.

1. If an approved permit has not been exercised within the three-year time period above, the permittee may request an extension of time prior to the expiration date provided an application is filed with the with the Planning Director along with the required fee as set forth in Chapter 3.44 (Fees) of the Wildomar Municipal Code. Upon receipt of a request for a time extension request, the Planning Director shall schedule the request for Planning Commission consideration. At least 10 days prior to the scheduled meeting, the Planning Department shall mail a public notice to all property owners of real property within a 600- foot radius of the project boundary. This notice shall include the minimum information specified in Chapter 17.125 (Common Application Processing Procedures) of this Title.

2. Extension of Time Processing Procedures. The Planning Commission in approving an extension of time for an approved permit shall follow the processing procedures outlined below:
a. The Planning Commission shall review the first request for an extension of time, and at their discretion may extend the time to commence the permit for an additional period up to three years provided the findings outlined in this section are met. b. The Planning Commission shall review the second request for an extension of time, and at their discretion may extend the time to commence the permit for an additional period up to two years provided the findings outlined in this section are met. 2981
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c. The Planning Commission shall review the third request for an extension of time, and at their discretion may extend the time to commence the permit for a final one year period provided the findings outlined in this section are met. d. If the approved permit, along with all the time extensions cited above has not commenced and substantial construction of the facilities for the approved use has not begun (as defined above), the public use permit shall expire and become null and void, and a new public use permit will be required.
i. Criteria to Approve an Extension of Time. The Planning Commission in reviewing an extension of time for an approved permit shall only grant the extension of time if all of the following findings are met:
a) The approved permit remains consistent with the adopted General Plan. b) The approved permit remains in conformance with the requirements this Title. c) The setting and local circumstances of the approved permit have not changed in such a way to make the previously approved permit incompatible or inappropriate with the surrounding area.
d) The request and fee for the extension was filed prior to the expiration date of the approved permit.

3. Appeal of the Planning Commission determination. Any extension of time request, approved or denied, by the Planning Commission may be appealed to the City Council. Any appeal must be filed with the City Clerk, along with the required fee as set forth in Chapter

3.44 (Fees) of the Wildomar Municipal Code, no later than 10 days after the official determination by the Planning Commission.

4. Appeal hearing before the City Council. Any appeal of an extension of time request, approved or denied, by the Planning Commission shall be heard by the City Council. Within 45 days of receiving a request for an extension of time, the City Clerk shall schedule the appeal for City Council review and consideration. At least 10 days prior to the scheduled meeting, the Planning Department shall mail a public notice to all property owners of real property within a 600-foot radius of the project boundary. Said public notice shall include the minimum information specified in Section 17.125 (Common Application Processing Procedures) of this Title. The City Council shall have discretion to approve, deny or approve with additional conditions the requested extension of time. The decision of an appeal by the City Council shall be final. Permit Expiration.

D. Multiple Entitlements. Notwithstanding the expiration specified for individual permit and approval types, when an approved project had more than one permit or approval processed concurrently all permit expiration dates shall be consistent. The longest time to permit expiration date shall apply.

E. Expiration. The City may take action to revoke the permit that has expired. 2982
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F. Permit Expiration for a Closed Business. All permits shall expire when a business or use is closed or discontinued for more than one calendar year. Approval of new permits based on current requirements shall be required prior to any business activity or use on the site.

17.125.130 Modifications to Previously Approved Permits A. Applicability. A request for approval of a modification to an approved development permit, conditional use permit, public use permit, or variance, shall be made in accordance with the provisions of this chapter. A modification under this chapter means a determination of substantial conformance or a request for a revised permit as further defined herein. These provisions shall not be applicable to wind energy conversion system permits.

B. Applications. Applications for substantial conformance or revised permit shall be filed in writing with the Community Development Director, accompanied by the fees as set forth in in Chapter

3.44 (Fees), and shall include the following:

1. All information required under this Title for the filing of a new application for the permit sought to be modified, unless the requirement is waived by the Community Development Director;

2. A statement explaining the proposed modification and the reason the modification has been requested;

3. A list of names and addresses of all owners of real property as required by the City, and such additional names and addresses required in order to conform with the notification requirements for processing a permit if the application requires a public hearing;

4. Such additional information as shall be required by the Community Development Director.

C. Requests for substantial conformance.

1. A substantial conformance is a request for a non-substantial modification of an approved permit which does not change the original approval or the effect of the approval on surrounding property. A substantial conformance may include, but is not limited to the following:
a. Modifications for upgrading facilities;
b. Modifications for compliance with the requirements of other public agencies; c. Modifications necessary to comply with the final conditions of approval; d. Modifications to on-site circulation and parking, lighting, fencing or walls (placement and/or height), landscaping and/or signage requirements, provided the modifications, as determined by the Planning Director, will have no adverse effect upon public health, safety, welfare and/or the environment.

2. Notwithstanding any provision herein to the contrary, an application for substantial conformance may be approved only if the proposed modification is exempt from the provisions of the California Environmental Quality Act. 2983
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D. Revised Permits. A "revised permit" means a modification of an approved permit which does not change the basic concept or use allowed by the original approval. A revised permit may include, but is not limited to, a significant increase in intensity of the approved use, changes resulting in significant adverse effects, expansion within the approved permit area, and changes to the original conditions of approval, including extensions to the overall life of the permitted use, as determined by the Planning Director.

E. Processing Procedures.

1. Substantial Conformance. The Planning Director shall approve, conditionally approve or disapprove an application for substantial conformance within 30 days after accepting a completed application and give notice by mail of the decision, including any additional conditions of approval, to the applicant and any other person who has filed a written request for notice.
a. The Planning Director's determination shall be based upon the standards of this section and those standards set forth in the ordinance codified in this chapter for the approval of an original application.
b. An application for substantial conformance shall not require a public hearing.

2. Revised Permit. An application for a revised permit shall be approved, conditionally approved or disapproved in accordance with the procedures for processing an original permit, including any requirements for public hearing, notice of hearing, and all rights of appeal. A revised permit shall be subject to the development standards applicable to approval of a new permit.

F. Approval Period. The approval of an application for substantial conformance or revised permit shall be valid until the expiration of the original permit, unless an extension of time has been granted by an approved revised permit.

17.125.140 Reapplications
A. Applicability. An application shall not be accepted or acted upon if within the past one (1) year the City has denied an application for substantially the same project on substantially the same real property, unless the Community Development Director finds one or more of the following circumstances to exist:

1. New Evidence. There is new evidence that would support approving the project that was not presented during consideration of the application or at the previous hearing and could not have been previously discovered in the exercise of reasonable diligence by the applicant.

2. Substantial and Permanent Change of Circumstances. There has been a substantial and material change of circumstances since the previous determination that affects the applicant’s real property.

3. Mistake at Previous Hearing. A mistake was made at the previous hearing that was a material factor in the denial of the previous application. 2984
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17.125.150 Revocation of Variances and Permits.

A. Conditions for revocation.

1. That the use is detrimental to the public health, safety or general welfare, or is a public nuisance;

2. That the permit was obtained by fraud or perjured testimony;

3. That the use is being conducted in violation of the terms and conditions of the permit;

4. That the use for which the permit was granted has ceased or has been suspended for one year or more.

B. Revocation procedure. Upon determination by the Director of the Building and Safety Department that grounds for revocation exist, the following procedure shall take effect:

1. Notice of Revocation. Notice of revocation and a copy of the findings of the Director of the Building and Safety Department shall be mailed by the Director by certified mail to the owner of the property to which the permit or variance applies, as shown by the records of the County Assessor. The decision of the Director of the Building and Safety Department shall be final unless a notice of appeal is timely filed.

2. Notice of Appeal. Within 10 days following the mailing of the notice of revocation, the owner of the property to which the permit or variance applies may file with the Planning Director a notice of appeal from the decision of the Director of the Building and Safety Department. A notice of appeal shall be accompanied by the filing fee set forth in in Chapter 3.44 (Fees). A notice of appeal not accompanied by such fee shall be deemed null and void and shall not be processed.

3. Setting Hearing—Costs. Appeals shall be heard by the Council. All other appeals, including appeals concerning commercial WECS permits, shall be heard by the Planning Commission. Notice of the time, date and place of the hearing shall be given as provided in Chapter 17.125 (Common Application Processing Procedures). In the event that an appeal is heard by a hearing officer and the owner of the property to which the permit or variance applies does not prevail in the appeal, the owner shall not be obligated to pay any hearing costs. In the event that an appeal is heard by a hearing officer and the owner of the property to which the permit or variance applies prevails in the appeal, the owner shall not be obligated to pay all hearing costs.

4. Testimony Under Oath. All testimony at the hearing shall be taken under oath.

5. Notice of Decision. Notice of the Planning Commission or Planning Council's decision and a report of the proceedings shall be filed with the City Clerk not later than 15 days following the date the decision is adopted. A copy of the notice and the report shall be mailed to the applicant and proof of such mailing shall be indicated on the original notice filed with the City Clerk. If the Planning Commission or Planning Council does not reach a decision due to a tie vote, such fact shall be reported to the City Council in the same manner and within the same time for reporting decisions and such a failure to reach a decision shall constitute affirmance of the Building Director's revocation of the permit or variance. 2985
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6. Placement of Matter on Council's Agenda. The City Clerk shall place the notice of decision on the City Council's agenda for the next regular meeting to be held following the lapse of five days after the notice is filed with the Council.

7. Transfer to City Council on Appeal. The revocation or nonrevocation of a permit or variance by the Planning Commission or Planning Council shall be final unless, within 10 days following the matter at which the notice of decision was on the agenda of the City Council, the following occurs:
a. An appeal to the City Council is made by the owner of the property which is the subject of the revocation proceedings; or
b. The City Council orders the matter transferred to it for further proceedings.

8. Further Proceedings Before City Council. If either of the actions mentioned in subsections (G)(1) and (2) of this section are taken, the City Council may:
a. Refuse to review the Planning Commission or Planning Council's decision, in which case the decision shall be final;
b. Review a transcript or recording of the testimony and all other evidence introduced before the Planning Commission or Planning Council, and based upon that record, affirm or reverse the decision of the Planning Commission or Planning Council or refer the matter back to the Planning Commission or Planning Council for the taking of further evidence or hearing additional argument in which case notice shall be given to the owner of the property which is the subject of the proceedings; or c. Set the matter for hearing before itself. At such a hearing the City Council shall hear and decide the matter de novo as if no prior hearing had been held. Notice of the time, date and place of the public hearing shall be given as provided in Section 17.192.040.

9. Action by City Council. The decision of the City Council on revocation of a permit or variance is final.

17.125.160 Dedications and Improvements Where No Subdivision is Involved A. Public Improvements. Applicants shall construct public improvements to city standards and shall comply with the requirements set forth in Chapter 16.24 (Improvements), with the following modifications:

1. Any reference to "tentative map" or "final or parcel map" is replaced with "land use entitlement"; and

2. Any reference to "subdivider" is replaced with "applicant." B. Security. Applicants are required to guarantee the construction of public improvements by executing an improvement agreement secured by a bond or cash deposit before issuance of a building permit for the subject property. If the building permit is not exercised, the improvement obligation shall terminate, and the security shall be returned. The city engineer is authorized to execute agreements on behalf of the city. The improvement agreement and security shall 2986
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comply with the requirements set forth in Chapter 16.56 (Security for Improvements and Taxes) with the following modifications:

1. Any reference to "subdivision improvement agreement" is replaced with "improvement agreement";

2. Any reference to "subdivider" is replaced with "applicant";

3. The reference in Chapter 16.56 (Security for Improvements and Taxes) to agreements being executed by "those parties executing the final or parcel map" shall be replaced with "the applicant"; and

4. The reference in Chapter 16.56 (Security for Improvements and Taxes) to "final tract map, parcel map waiver, lot line adjustment, or lot merger" is replaced with "land use entitlement. "
C. Deferrals of public improvement requirements. Any required frontage improvements may be deferred when deemed appropriate by the city engineer. Deferral shall be allowed only when the city engineer finds that construction is impractical due to physical constraints. When improvements are deferred, the applicant shall enter into an agreement with the city for the installation of all frontage improvements at a future date as determined by the city engineer.

The agreement shall be approved by the city attorney. The agreement shall provide for the following:

1. Construction of required improvements shall begin within ninety days of the receipt of notice to proceed from the city engineer;

2. In the event of default by the applicant or successors, the city is authorized to cause the construction to be done and charge the entire cost and expense to the applicant or successors, including interest from the date of notice of the cost and expense until paid;

3. The agreement shall be recorded with the county recorder, at the expense of the applicant, and shall constitute:
a. Notice to all successors of title to the real property of the obligation, and b. A lien in an amount to fully reimburse the city for the cost of constructing the improvements, including interest as outlined above, subject to foreclosure in the event of default in payment;

4. In the event of litigation caused by a default of the applicant or successors, the applicant or successors agree to pay all costs involved, including reasonable attorney's fees, which shall become a part of the lien against the real property;

5. The term "applicant" shall include not only the present owner but also heirs, successors, executors, administrators, and assigns, with the intent that the obligations undertaken shall run with the real property and constitute a lien against it; and

6. Other provisions deemed necessary by the city engineer.

D. Exemption for expansion of existing single-family homes.

1. The following developments shall be exempt from the requirements of this chapter to construct street improvements:
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2. The addition, enlargement, expansion, alteration, extension, reconstruction or replacement of any existing single-family dwelling and/or accessory structure up to a maximum increase in square footage of twenty-five percent to the existing dwelling or structure. a. The construction of an accessory dwelling unit up to one thousand two hundred square feet in size.
b. The development of non-habitable accessory structure(s) as provided for under Chapter

17.185 (Accessory Structures).

3. A development that is exempt from the requirement to construct street improvements as provided for in this section shall remain subject to the requirement to provide the city with an irrevocable offer of dedication for the ultimate street right-of-way for any addition, enlargement, expansion, alteration, extension, reconstruction or replacement of an existing single-family dwelling and/or habitable accessory structure regardless of size.

4. No exemption from the requirement to construct street improvements shall be granted if the city engineer determines that the lack of street improvements in this case would be a potential danger to the public health, safety, and welfare. 2988
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Chapter 17.130 Amendments to Projects

17.130.010 Purpose and Applicability
A. Unless considered a minor amendment (see subsection B of this section), all amendments to previously approved entitlements require the submittal of a new land use application and are subject to the Zoning regulations currently in place.

B. The types of minor amendments set forth in this subsection to projects are permitted without a new application. Limited minor amendments to previously approved entitlements may be approved by the Community Development Director, as follows:

1. Floor plan changes which do not result in more than a ten percent or 5,000 square foot change in total square footage, whichever is less;

2. Parking and circulation configurations which do not change the basic parking areas or circulation concept;

3. Outside building configurations which do not create a greater bulk or scale, or significantly alter window or door placement;

4. Building placements which do not change the general location of the building and layout of the site;

5. Grading alterations which do not change the basic concept, increase slopes or building elevations, or change course of drainage, which could adversely affect adjacent or surrounding properties;

6. Landscape modifications which do not alter the general concept or reduce the effect or amount originally intended;

7. Architectural changes which do not change the basic form and theme and are consistent with adopted design standards;

8. Exterior material or color changes which do not conflict with the original architectural form and theme, and which are consistent and compatible with the original materials and colors.

17.130.020 Consistency with original approval.

In addition to the guidelines set forth in subsection 17.130.010 (B) of this section, the Community Development Director must determine that the circumstances, standards, ordinances, conditions and findings applicable at the time of the original approval still remain valid.

17.130.030 Referral.

The Community Development Director may refer any minor amendments or modifications to the Planning Commission or City Council (depending on the approval authority for the original approval) for recommendations prior to his final decision.
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Chapter 17.135 Zoning Clearance and Verification Letter

17.135.010 Purpose and Applicability
Zoning clearance shall be conducted by the Community Development Director as part of the building permit or other city application review. Zoning clearance is required for the following actions:

A. All structures that require a building permit;
B. Signs;
C. Business registrations;
D. All planning entitlement and permit approvals to ensure compliance with applicable conditions of approval; and
E. All other city applications that may be subject to the provisions of this Title, including, but not limited to, tree removal, business registration, encroachment, and grading and improvement plans.

17.135.020 Application contents.

No separate application form is necessary for Zoning clearance.

17.135.030 Approving authority and procedure.

The Community Development Director shall be the designated approving authority for Zoning clearance. The procedures shall be established by the Community Development Director.

17.135.040 Notice and hearing.

Public notice and public hearing are not required for Zoning clearance. 2990
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Chapter 17.140 Objective Design Standards
Refer to the City of Wildomar Single Family Design Guidelines, Multi-Family Residential Objective Design Standards and Commercial Objective Design Standards for regulations and details. 2991
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Chapter 17.145 Development Code and Zoning Map Amendments

17.145.010 Purpose
The purpose of a development code (Title 17) amendment is to allow modification to any provisions of this Title (including the adoption of new regulations or deletion of existing regulations) or to change the zoning designation on any parcel. This section is consistent with Government Code Section 65853.

17.145.020 Approving authority.

The designated approving authority for zoning amendments is the City Council. The Community Development Director and Planning Commission shall provide recommendations to the City Council who has the authority to approve, conditionally approve, or deny the zoning amendment in accordance with the requirements of this Title.

17.145.030 Initiation of amendment.

A development code amendment to this Title may be initiated by motion of the Planning Commission or City Council, by application by property owners of parcels to be affected by zoning amendment, or by recommendation of the Community Development Director to clarify text, address changes mandated by state law, maintain general plan consistency, address boundary adjustments affecting land use designations, or for any other reason beneficial to the city.

17.145.040 Findings for Development Code Amendment.

Development code amendments shall be granted only when the City Council finds that the changes are consistent with the general plan goals, policies, and implementation programs.

17.145.050 Conditions/restrictions.

When considering rezone applications, the City Council has the authority to impose restrictions on property including the restriction and/or condition of use.

17.145.060 Pre Zoning
A. Purpose. The purpose of prezoning is to establish the zone for unincorporated property within the sphere of influence, prior to annexation.

B. Review Process. The method of accomplishing prezoning shall be the same as for a Zone Change.

C. Effective Date. Such prezoning shall become effective at the time annexation is complete.

D. As the date of Title 17 adoption, the city does not have any sphere of influence land. 2992
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ARTICLE 4. SITE DEVELOPMENT REGULATIONS AND PERFORMANCE

STANDARDS
Chapter 17.150 General Site Regulations

17.150.010 Purpose
The purpose of this Chapter is to prescribe site regulations that apply, except where specifically stated, to development in all zoning districts. These standards shall be used in conjunction with the standards for each zoning district established in Article 2 (Zoning Districts and Allowable Land Uses).

If any section of this Title is in conflict with any other section thereof, or another City ordinance, then the more stringent requirements shall apply.

17.150.020 Building Height and Exceptions
The following rules apply to the calculation and determination of height of structures in the city. The intent of these regulations is to provide for compatibility in the measurement of building height under a variety of circumstances (e.g., sloped site).

A. Height Limits. Except as otherwise provided by this section or any other provisions of Title 17, all structures shall be limited to the maximum height identified in the underlying (or applicable overlay) zoning district as identified in Article 2 (Zoning Districts and Allowable Land Uses) and Article 5 (Standards Related to Specific Uses).

B. Height measurement. The height of a structure shall be measured as the vertical distance from the finish grade of the site to an imaginary plane located within the allowed number of feet above and parallel to the grade (see Figure 17.150.020-1, Measurement of Height).

Figure 17.150.020-1 - Measurement of Height
C. Height Exceptions.

1. Public or semipublic buildings in the R-1 and R-2 zones may be erected to a height not exceeding four stories or 60 feet when the required yards are increased by an additional two feet for each foot by which the height exceeds 35 feet. 2993
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2. Structures necessary for the maintenance and operation of a building and flagpoles, wireless masts, chimneys or similar structures may exceed the prescribed height limits where such structures do not provide additional floor space.

17.150.030 Setback Adjustments and Temporary use of land Notwithstanding any other provisions of this Title, the following matters may, without notice or public hearing, be approved, conditionally approved or denied in accordance with the following procedure:

A. The Community Development Director may approve, conditionally approve or deny a request for a setback adjustment to modify the front, rear or side yard minimum setback requirements of the various zone classifications in this Title.

B. The Community Development Director may approve, conditionally approve or deny a request for a temporary use of land in any zone classification, when such temporary use is in conjunction with the repair or construction of streets, highways, or public utilities, for a period of time not to exceed twelve (12) months.

C. The Planning Commission may approve, conditionally approve or deny a temporary use of land in any zone classification, when such temporary use is in conjunction with the repair or construction of streets, highways, or public utilities, for a period of time in excess of twelve (12) months.

D. Applications, containing all required information, shall be filed with the Community Development Director, upon the forms provided by the Planning Department, shall be accompanied by the filing fee set forth in Chapter 3.44 (Fees), and shall be processed pursuant to the provisions of Table 17.125.100-1 (Designated Authority for Permits and Approvals), including the appeal provisions thereof, except that when the application is for a temporary use for a period of time in excess of twelve (12) months, the Community Development Director shall make a recommendation only, which shall be submitted to the Planning Commission for a decision.

E. No request for a setback adjustment shall be granted unless it is determined that the adjustment is 1) consistent with the intent and purposes of this Title; 2) that there are special circumstances applicable to the property, including such factors as size, shape, topography, location or surroundings that justify the approval of the adjustment of the setback requirement, and 3) that the adjustment will not be detrimental to the health, safety and general welfare of the community or be detrimental to property in the vicinity of the parcel for which the adjustment is requested.

F. No request for a temporary use of land shall be granted unless it is determined that the temporary use of the land will not be detrimental to the health, safety or general welfare of the community or be detrimental to property in the vicinity of the parcel for which the temporary use is requested.

G. As a condition to approval for a setback adjustment or a temporary use of land, the performance of such condition(s) may be required as is determined to be necessary to assure that the granting of the setback adjustment or temporary use of land will not be detrimental to the health, safety and general welfare of the community or be detrimental to property in the vicinity of the parcel for which the request is made including the following conditions:
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1. Regulations of points of vehicle ingress and egress to the property;

2. Require any necessary landscaping, fencing or walls;

3. Require the restoration of the property to a natural appearance, including, but not limited to filling, grading and leveling;

4. Establish a time period within which the permission is to be used and required conditions are to be completed.

17.150.040 Yard Measurements
A. Yard and Setback Regulations

1. Required yard area. Except as otherwise specified in this Title, required yard areas shall be kept free of buildings and structures. Building overhangs, bay windows, and other such elements may encroach as permitted (see Figure 17.150.040-1).

2. Lots abutting two or more streets. In the case of a lot abutting two or more streets, the main buildings and accessory buildings shall be erected so as not to encroach upon the required yards or setbacks? of any of the streets (see Figure 17.150.040-1).

3. Through lots. Where a through lot has a depth of 125 feet or more, said lot may be treated as two lots, with the rear line of each approximately equidistant from the front lot lines, provided all the yard requirements are met (see Figure 17.150.040-1).

4. Lot area, depth, width, and setback reduction. Where a lot area, lot width, lot depth, or setback has been reduced for an existing legally created lot by not more than 15 percent as a result of acquisition or dedication for a street/highway, road, drain, or other public purpose or as a result of dedication pursuant to a condition of approval, the lot area or yard so reduced may be included in determining compliance with lot area or yard requirements in the same manner as if the acquisition or dedication has not taken place.

5. Setback measurement. The setback of all buildings and structures shall be determined by the exterior boundaries of the ultimate street and highway and their proposed widening and extensions as indicated in the Circulation Element of the General Plan. The width of any street or highway which does not appear in the Circulation Element shall be determined from the standards for street widths and improvements set forth in the City’s Street Development Standards.

See Article 2, (Zoning Districts and Allowable Land Uses) for more detailed yard and setback requirements and refer to Article 6 (Definitions) for definitions and illustrations of lot types. 2995
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Figure 17.150.040-1 - Setback Designations
B. Yard Encroachments. Where yards are required by this Title, they shall be open and unobstructed from the ground to the sky and kept free of all structural encroachments, except as follows:

1. Outside stairways, landing places, and covered patios, if uncovered and unenclosed, may extend into a required side yard for not to exceed three (3) feet and/or into the required rear yard a distance not to exceed five (5) feet, inclusive of any eave or overhang.

2. Cornices, canopies eaves, fire places and other similar architectural features not providing additional floor space within the building may extend into a required rear or side yard not to exceed 3 feet).
a. No canopies, carports, or temporary shade structures are permitted in front yard areas. 2996
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b. If placed within a rear or side yard, at least 3 of the sides of a canopy or temporary shade structure must be open and facing away from a structure. c. The total area covered by canopies or temporary shade structures may not exceed 120 square feet.

C. Detached accessory structures as identified in Chapter 17.185 (Accessory Structures).

17.150.050 Fences, Walls, and Screens
Unless otherwise exempt, minor development review approval shall be required for fences and walls.

A. Exemptions. The following fences and walls shall be exempt from planning review (a building permit may be required as determined by the Chief Building Official):

1. Retaining Walls. Retaining walls less than 36 inches in height.

2. Residential Fences. Fences located on residential property (privacy fences) constructed in compliance with the standards of this section.

3. Required Fences. Fences and walls required by a state or federal agency, or by the City for public safety.

B. Height Limits and Locations. For all residential zoning districts in the City, each fence or wall (including landscaping used as a screen) shall comply with the height limits and locations shown in Table 17.150.050-1 (Maximum Height of Fences and Walls in Required Yard Areas).

Table 17.150.050-1 Maximum Height of Fences and Walls in Required Yard Areas For lots less than one (1) acre in size
Location of fence/wall/screen Maximum Height
Within required front yard area
(Applies to the entire area in the front
yard/setback area of a house, as defined
by the front façade.)

3.5 feet (42”) for solid fences/garden walls
5 feet for chain link and wrought-iron fencing
Decorative pilasters (w/cap) & gates (at the crown peak cannot exceed 6 feet
Within required rear and interior side
yard area (along rear and interior
property lines)
6 feet
Within required street side yard area 6 feet
At intersections of streets, alleys, and
driveways within the clear visibility area
Fences/walls located at intersections of streets, alleys, and driveways must maintain clear visibility as defined by the City Engineer.

Fences, walls, and screening are not required between land uses unless otherwise specified in the Zoning Ordinance. Fences, walls, and screening must also be located outside of any public utility easement, except as authorized by the applicable utility agency.

Fences, walls and hedges not exceeding 12 feet in height shall be permitted to enclose sports courts located within the rear half of the lot; provided, however, such enclosure shall be located not less than three feet from any side or rear property line; and provided, further, however, that any portion of the enclosure which is higher than six feet shall be composed of wire mesh or other material whose vertical surface shall not be closed more than 10%.
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Table 17.150.050-1 Maximum Height of Fences and Walls in Required Yard Areas For lots greater than one (1) acre in size
Location of fence/wall/screen Maximum Height
Within required front yard area
(Applies to the entire area in the front
yard/setback area of a house, as defined
by the front façade.)
6 feet for solid fences/decorative walls
Decorative pilasters (w/cap) at gate entry cannot exceed 7 feet
Gates (at the crown peak) cannot exceed 8 feet
Within required rear and interior side
yard area (along rear and interior
property lines)
6 feet
Within required street side yard area 6 feet
At intersections of streets, alleys, and
driveways within the clear visibility area
Fences/walls located at intersections of streets, alleys, and driveways must maintain clear visibility as defined by the City Engineer.

Fences, walls, and screening are not required between land uses unless otherwise specified in the Zoning Ordinance. Fences, walls, and screening must also be located outside of any public utility easement, except as authorized by the applicable utility agency.

Fences, walls and hedges not exceeding 12 feet in height shall be permitted to enclose sports courts located within the rear half of the lot; provided, however, such enclosure shall be located not less than three feet from any side or rear property line; and provided, further, however, that any portion of the enclosure which is higher than six feet shall be composed of wire mesh or other material whose vertical surface shall not be closed more than 10%.

C. Height Measurements.

1. Fence height shall be measured as the vertical distance between the finished grade at the base of the fence and the top edge of the fence material. Grade may not be modified in order to increase fence height.

2. The height of fencing placed atop a wall shall be measured from the base of the wall, except as provided in subsection (3)c of this section.

3. The height of the fence must not exceed six feet as measured from the base of the wall and/or fence from the perspective of the sidewalk, roadway and/or adjacent property. 2998
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Figure 17.150.050-1 – Height Measurements
D. Prohibited Fences. The following fence materials are prohibited in all zones.

1. Garage doors, tires, pallets, shipping containers, buses, truck trailers, or other materials not typically used for the construction of fences.

2. Barbed wire or electrified fence (Except within the R-A and R-R zone districts for agricultural use).

3. Chain link fencing within a front yard or street side yard.

4. Razor wire or similar.

E. Nonresidential Walls and Fences. Fences, walls, and screening in Commercial and Industrial zones shall be constructed of long-lasting materials and architecturally integrated with the site design and surrounding area. The following regulations shall apply:

1. Fences and walls for screening purposes in commercial and industrial zones shall be approved by the Community Development Director and be constructed of decorative masonry walls, tubular steel, or wrought iron not to exceed six (6) feet in height. When a screening wall is facing a public right of way or is not solid, a green wall or a landscaping strip with a minimum width of five (5) feet shall be provided for the length of the wall and include planting of 15-gallon trees placed 10-feet on center. As an alternative, a three-foot (3) high planter with vines and shrubs that will grow to six (6) feet in height shall be installed adjacent to the wall. Wall materials are subject to the approval of the Community Development Director or Planning Commission as part of a proposed development review or CUP application.

2. Where a commercial or industrial zone abuts a residential zoning district, a solid decorative masonry (such as slump stone, split-face, etc.) wall six (6) feet in height shall be constructed on the zone boundary line. Walls may be constructed up to eight (8) feet in height to mitigate noise and visual impacts subject to the approval of the Community 2999
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Development Director or Planning Commission if part of a proposed development review or CUP application.

3. Fencing for all outdoor storage areas shall be screened from public view. Screening must include a combination of six-foot (6) decorative block walls, and 36-inch box trees planted a maximum of 20 feet on center. Walls may be constructed up to eight (8) feet in height to mitigate noise and visual impacts subject to the approval of the Community Development Director or Planning Commission if part of a proposed development review or CUP application. Storage of materials or equipment shall not exceed the wall height within 10 feet of street- fronting screening. Walls and fences within the front setback shall not exceed 48 inches (4 feet).

4. Recreation and sports facilities such as driving ranges, ball fields, tennis courts, etc. may have fencing a maximum of 15 feet in height, provided the fencing is set back at least 5 feet from the property line, subject to the approval of the Community Development Director, or Planning Commission as part of a proposed development review or CUP application.

5. Security Fencing. Security fences may be permitted in Commercial and Industrial Zones.

The design of the security fence may include a combination of wrought iron, tubular steel, or decorative masonry wall. In addition, barbed wire may be allowed at the top of a wall or fence with approval of the Community Development Director or Planning Commission as part of a proposed Development Review or CUP application. Barbed wire shall only be permitted when the property owner demonstrates there is a security or safety problem.

6. Commercial Fencing Security. Security fencing and walls shall have a maximum height of six (6) feet. Additional height up to eight (8) feet is allowed subject to approval by the Community Development Director or Planning Commission as part of a proposed development review or CUP application.

7. Industrial Fencing Security. Security fencing and walls shall have a maximum height of six (6) feet. Additional height up to eight (8) feet is allowed subject to approval by the Community Development Director or Planning Commission as part of a proposed development review or CUP application.
a. Monitored electrified security fences are permitted with development review in Industrial Zones with the Community Development Director’s approval as well as compliance of the following standards:
i. Monitored electrified security fences must be installed three (3) to twelve (12) inches behind a minimum five (5) foot high non-electrified perimeter fence/wall (6 feet if adjacent to a residential use or zone).
ii. Monitored electrified security fences must be two (2) feet higher than the perimeter barrier, with a max of ten (10) feet.
iii. Warning signs shall be placed at maximum intervals of 30 feet apart, at least one sign per side of the area fenced, and at each access point to clearly identify electric fences. Warning signs should state “Danger- Electric Fence” and include a shock symbol.
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iv. The energizer for electric fences must be driven by a commercial storage battery not to exceed twelve (12) volts DC. The electric charge produced by the fence upon contact shall not exceed the energizer characteristics set forth in paragraph 22.108 of International Electrotechnical Commission (IEC) Standard 60335-2-76. v. A "Knox Box Electrical Shunt Switch" and a "Knox Box" or other similar approved device shall be installed for emergency access by the Police and Fire Departments. vi. All applicants issued permits to install or use an electrified fence as provided in this Chapter shall agree, as a condition of permit issuance, to defend, indemnify and hold harmless the City of Wildomar and its agents, officers, consultants, independent contractors, and employees from any and all claims, actions or proceedings arising out of any personal injury, including death, or property damage caused by the electric fence.

17.150.060 Organic Waste Trash Enclosures
Commercial businesses and multifamily residential developments that subscribe to organic waste recycling services with the City’s franchise waste haulers or otherwise engage in organic waste recycling shall comply with the following standards:

A. Bins or containers used for organic waste recycling collection shall be stored inside an existing trash enclosure area. If the existing trash enclosure cannot accommodate the extra waste bin or container, the business owner shall be required to enlarge the trash enclosure subject to planning department approval of a substantial conformance application.

B. Expansion of an existing trash enclosure, when required, shall be constructed with the same materials and match the design and color of the existing trash enclosure.

C. The expanded trash enclosure (and the existing enclosure) shall be completely covered to prevent rain from falling directly onto the trash containers or enclosure area to keep pollutants from flowing into the city’s stormwater system in compliance with the San Diego Regional Water Quality Control Board requirements.

1. The roof cover shall be solid and sloped in all directions so that wind-blown rain will not enter the interior of the trash enclosure storage area.

1. Stormwater runoff from the roof cover shall drain away from the enclosure area.

2. A grade break or other acceptable design feature shall be used to prevent water runoff from entering the trash enclosure area.

3. Where feasible, runoff from the roof of the enclosure area shall drain to a landscape area, or other stormwater treatment system, before discharging to the storm drain system.

4. Where feasible, there shall be no storm drain inlets located inside the enclosure area.

5. Where feasible, the trash enclosure areas shall be plumbed to the sanitary sewer so that waste spills, leaks, and wastewater from trash bin washouts do not run out of the enclosure area and into the storm drain system.
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D. Signage outlining best management practices (BMPs) shall be posted by the business owner inside the trash enclosure area. The signage shall be identified on the trash enclosure plans, for City review and approval. Signage shall list the following minimum requirements:

1. Trash enclosure areas shall be kept free of debris and liquid waste at all times.

2. Spills and leaks shall be cleaned up immediately using a spill kit and/or other approved method approved by the Public Works Department.

3. Trash waste container lids shall be closed at all times when not actively in use.

4. Washing down of the trash enclosure area is not permitted unless the runoff is captured and properly disposed.

5. FOG (fats, oils, and grease) waste is prohibited from being stored in the trash enclosure.

17.150.070 Swimming Pools and Spas
Swimming pools may be constructed as follows:

A. Private, residential swimming pools for the use of the occupants of the premises and their nonpaying guests shall be located not nearer than five feet to any property line or dwelling.

1. Pool equipment for private, residential swimming pools shall be located not nearer than five feet to any property line or dwelling.

B. Public pools, pools associated with a club, hotel, or resort, and all other swimming pools shall be located not nearer than 10 feet from any property line or building.

1. Pool equipment for all non-residential swimming pools shall be located not nearer than ten feet to any property line or window opening.

2. A swimming pool may be constructed contrary to this section when it lies partially inside and outside a structure conforming with all other provisions of this Title. 3002
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Chapter 17.155 Parking and Loading

17.155.010 Purpose.

The purpose of this chapter is to provide sufficient off-street parking and loading spaces for all land uses in the City and to assure the provision and maintenance of safe, adequate and well-designed off-street parking facilities. It is the intent of this chapter that the number of required parking and loading spaces will meet the needs created by the particular uses. The standards for parking facilities are also intended to reduce street congestion and traffic hazards, promote vehicular and pedestrian safety and efficient land use.

17.155.020 Applicability.

Off-street vehicle parking shall be provided in accordance with this chapter when the associated building or structure is constructed, or the use is established. Additional off-street parking shall be provided in accordance with this chapter when an existing building is altered or dwelling units, apartments or guest rooms are added, or a use is intensified by the addition of floor space or seating capacity, or there is a change of use.

17.155.030 Parking Design Standards.

A. Approval of Off-Street Parking Plan. Development review, pursuant to the provisions of Chapter

17.85 (Development Review, Major), and Chapter 17.90 (Development Review, Minor), shall be filed for approval of all off-street parking facilities, except for one- and two-family residences, unless the off-street parking facilities are approved as a part of a Development Review, conditional use permit or public use permit approval.

B. Number of Required Parking Spaces. In the case of mixed land uses, the total number of parking spaces shall be the sum of the requirements for the various uses computed separately unless shared parking is approved as provided in this Title.

C. Location and Design of Parking Spaces Unless otherwise specified, all parking must be within 300 feet of the use served on the same parcel as the use, or on an adjoining appropriately zoned parcel.

1. All vehicle storage (stacking) spaces shall be located off-street. A driveway for stacking leading to a drive-up window shall be designed so as not to interfere with the free or orderly circulation of the parking area.

2. Required parking for any uses outlined in in this section may be reduced in accordance with the “Alternative Programs for Parking” allowances outlined Section 17.155.030 (C)(6) and (C)(7) of this Title.

3. The following table is designed to allow calculation of parking spaces required for the uses shown:
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Table 17.155-030- 1: Number of Required Parking/Stacking Spaces Use, as determined by the
Community Development
Director
Per Square Foot or Unit Per Employee or
Student
Other Criteria For Vehicle Stacking
General Commercial/Retail Uses
auditoriums, exhibition halls,
theaters, movie theaters and
similar places with fixed seats:
1 space/3 seats
auditoriums, exhibition halls,
theaters, movie theaters, and
similar places without fixed seats:
1 space/30 sq. ft. of net
assembly area
automobile repair and service
shops:
1 space/150 sq. ft. gross
floor area
automobile service stations: 4 spaces 4 spaces/service bay automobile washing and cleaning
establishments—except selfserve:
1 space/3
employees of largest
shift
2 spaces/stall
automobile washing and cleaning
establishments—self-serve:
2 spaces/stall
banks, saving and loans, and
other financial institutions:
1 space/250 sq. ft. gross
floor area
stacking for 6 vehicles
prior to the drive-up
window
barber and beauty shops and
similar uses:
1 space/150 sq. ft. gross
floor area
clubs, discos, ballrooms,
cabarets, cocktail lounges, dance
halls, lodges & incidental dancing
areas, and similar facilities where
dancing is the principal use:
1 space/30 sq. ft. of dance
floor area
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Table 17.155-030- 1: Number of Required Parking/Stacking Spaces Use, as determined by the
Community Development
Director
Per Square Foot or Unit Per Employee or
Student
Other Criteria For Vehicle Stacking
emergency shelters
Refer to Section

17.200.030
general retail; including, but not
limited to, freestanding
convenience markets, liquor
stores and supermarkets:
1 space/200 sq. ft. of
gross floor area
general retail; including but not
limited to, neighborhood,
community and regional shopping
centers, including those with
restaurants:
6 spaces/1,000 sq. ft. of
net leasable floor area
When a use will be
located within an existing
retail center and requires
a CUP or, the applicant
shall prepare a parking
analysis plan to
demonstrate there is
sufficient parking
available on site to serve
the new use without
impacting existing parking
demand. Said plan shall
be reviewed and
approved by the Planning
Commission.
furniture, drapery, plumbing, floor
covering, and appliance stores:
1 space/750 sq. ft. of sale
or display area
laundries, self-serve:
1 space/250 sq. ft. of
gross floor area
mini-warehouses, self-storage: 2 spaces/3
employees
professional business office: 1 space/200 sq. ft. of net leasable floor area
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Table 17.155-030- 1: Number of Required Parking/Stacking Spaces Use, as determined by the
Community Development
Director
Per Square Foot or Unit Per Employee or
Student
Other Criteria For Vehicle Stacking
restaurants, drive-thrus, walkups, cafés, lounges, bars and other establishments for the sale
and consumption on the
premises of food and beverages:
1 space/45 sq. ft. of
serving area
1 space/2
employees
Drive-thru restaurants
shall have stacking for
12 vehicles total
behind the menu
board either in a single
lane or double lane
uncovered sales area, including
areas for new or used
automobiles, boat or trailer sales,
lumber or building materials
yards, plant nurseries or similar
uses:
1 space/1,000 sq. ft. of
uncovered sales area to a
maximum of 20 spaces
1 space/employee
video arcades: 1 space/250 sq. ft. of
gross floor area
Sports and Recreational Uses
basketball and volleyball courts 8 spaces/court
billiard and pool rooms 1 space/250 sq. ft. of
gross floor area
bowling alleys 4 spaces/alley
commercial athletic facilities
(indoor or outdoor)
15 parking spaces per
court/field
Other uses calculated
separately
driving ranges 1 space/tee
tennis, racquetball and pickle ball
facilities 3 space/court Other uses calculated
separately
golf courses 6 spaces/hole
golf course, miniature 3 spaces/hole
gymnasiums, spas and health
studios
1 space/200 sq. ft. of
gross floor area
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Table 17.155-030- 1: Number of Required Parking/Stacking Spaces Use, as determined by the
Community Development
Director
Per Square Foot or Unit Per Employee or
Student
Other Criteria For Vehicle Stacking
indoor go-cart, etc. facilities 1 space/1,000 sq. ft. of building area 1 space/employee Other uses calculated separately parks and recreational uses
1 space/8,000 sq. ft. of
active recreational area
within a park or
playground
1 space/acre of passive
recreational area within a
park or playground
skating rinks, ice and roller:
1 space/20 sq. ft. of
seating area, and 1
space/250 sq. ft. of
skating area
stadiums and sport arenas: 1 space/30 sq. ft. of net
assembly area
swimming pools, commercial: 1 space/250 sq. ft. of pool area
Industrial Uses
industrial uses:
1 space/250 sq. ft. of
office area, plus 1
space/500 sq. ft. of
fabrication area, plus 1
space/1,000 sq. ft. of
storage area, and1
space/500 sq. ft. of floor
plan which is
uncommitted to any type
of use
1 space/2
employees of largest
shift, and 1
space/vehicle kept in
connection with the
use
manufacturing or repair plants
maintaining more than one shift
of workers:
1 space/500 sq. ft. of
gross floor area
2 spaces/3
employees on each
of the two largest
shifts
1 space/company
operated vehicle
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Table 17.155-030- 1: Number of Required Parking/Stacking Spaces Use, as determined by the
Community Development
Director
Per Square Foot or Unit Per Employee or
Student
Other Criteria For Vehicle Stacking
salvage and junk yards, including
but not limited to automobile
dismantling, auto wrecking yards,
storage yards, scrap metal
processing and similar uses:
1 space/5,000 sq. ft. of lot
area
warehouses and wholesaling:
1 space/250 sq. ft. of
office area, and 1
space/2,000 sq. ft. of
gross floor area
Residential Uses
(Parking must be located on site conveniently distributed throughout the project. For multi- family residences, condominiums, planned residential developments and senior citizen residential developments, at least one of the required parking spaces per unit shall be located in a garage or carport which is architecturally harmonious with the main structure. single-family dwelling, including
mobilehome or manufactured
home not within a mobilehome
park)
2 spaces per dwelling unit
in an enclosed garage or
covered carport onsite
Garage or carport may be
attached or detached
Tandem space
allowed if a third
space is provided. If
part of a residential
subdivision, a 2-car
enclosed garage is
required
multiple-family dwelling units
such as apartments, townhomes,
or condominiums. (Parking must
be conveniently distributed
throughout the site, and within
200 feet of the building/unit they
serve)
1 space/employee
required
Tandem space
allowed if a third
space is provided.
studio and one bedroom units: 1 space/unit
two bedroom units: 2 spaces/unit
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Table 17.155-030- 1: Number of Required Parking/Stacking Spaces Use, as determined by the
Community Development
Director
Per Square Foot or Unit Per Employee or
Student
Other Criteria For Vehicle Stacking
three or more bedroom units: 2.5 spaces/ unit
visitor parking 15% of total required
spaces
senior housing developments .75 spaces/unit 1 visitor space for every 5 units
planned residential development:
single bedroom dwelling unit 1.5 spaces/unit
two or more bedroom unit 2.5 spaces/unit
mobilehome parks (including
mobilehome subdivisions):
2 spaces/travel trailer or
mobilehome space;
spaces may be tandem
1 guest space/8 mobile
home spaces
Lodging Uses
boarding houses, lodging or
rooming houses, dormitories,
fraternity and sorority houses:
1 space/2 beds
hotels and motels: 1 space/room, plus 2
spaces/resident manager
recreational vehicle (RV) parks: 1 space/RV site 1 visitor space/ 5 RV sites
Medical Uses
home for the aged, sanitariums,
convalescent homes, children’s
homes, asylums, assisted living,
and nursing homes or similar
institutions:
1 space/3
employees
1 space/3 beds, plus 1
space/vehicle owned and
operated by the
institution
hospitals and clinics:
1 space/staff
member of largest
shift
1 space/2 patient beds,
plus 1 space/vehicle
owned and operated by
hospital or clinic
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Table 17.155-030- 1: Number of Required Parking/Stacking Spaces Use, as determined by the
Community Development
Director
Per Square Foot or Unit Per Employee or
Student
Other Criteria For Vehicle Stacking
offices, clinics, including but not
limited to medical, urgent care,
dental, and chiropractic.
1 space/200 sq. ft. of net
leasable floor area
small animal hospitals and
veterinary services (no outdoor
facilities)
1 space per 300 sq. ft. of
gross floor area
Civic/Religious Institutions
cemeteries and crematories,
mausoleums, columbariums and
funeral establishments when
incidental to a cemetery:
1 space/30 sq. ft. of net
assembly room area 1 space/employee
1 space/vehicle operated
on the grounds by the
proprietary institution
religious Institutions
1 space/35 sq. ft. of net
assembly area used
simultaneously for
assembly purposes
1 space per
employee
libraries, museums, art galleries
or similar uses:
1 space/300 sq. ft. of
gross floor area 1 space/employee
mortuary and funeral homes: 1 space/35 sq. ft. of net
assembly area 1 space/employee
Public Utilities/Telecommunications
public utility substations and
storage buildings. 1 space 1 space/vehicle kept in
connection with the use
Educational Institutions*
day care centers, including
nurseries and pre-schools
1 space/500 sq. ft. of
gross floor area
When a school bus is
kept, there can be a
reduction of 2
spaces/bus
private elementary and
intermediate schools
Whichever is greater 1
space/ classroom, OR 1
space/3 seats in the
When a school bus is
kept, there can be a
Loading/unloading
space for at least 2
school buses
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Table 17.155-030- 1: Number of Required Parking/Stacking Spaces Use, as determined by the
Community Development
Director
Per Square Foot or Unit Per Employee or
Student
Other Criteria For Vehicle Stacking
auditorium or multipurpose roomreduction of 2
spaces/bus
private high schools
1 space/employee,
PLUS 1 space/
faculty member,
AND 1 space/8
students
When a school bus is
kept, there can be a
reduction of 2
spaces/bus
Loading/unloading
space for at least 2
school buses
private colleges and universities,
1 space/employee,
PLUS 1 space/2
students
trade and vocational schools
1 space per 35 SF or
instruction gross floor
area OR
2 spaces per 3
people based on
Maximum number of
students and staff
*The City does not regulate parking for public schools. 3011
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4. Parking Requirements for Uses not Specified. When parking requirements for a use are not specifically stated, the parking requirement for such use shall be determined by the Community Development Director based on the requirement for the most comparable listed use in this Title.

5. Requests for Modifications from Parking Standards. The Community Development Director may, without notice or hearing, permit modifications to the circulation and parking layout requirements where topographic or other physical conditions make it impractical to require strict compliance with these requirements.

6. Alternative Programs for Parking. A residential, commercial or industrial project may provide for alternative programs which reduce parking demand in return for a reduction in the number of off-street parking spaces required.
a. Alternative programs that may be considered by the Community Development Director under this provision include, but are not limited to, the following:
i. Private Carpool/Vanpool Operations. Office or industrial developments which guarantee preferred parking spaces to employees who participate regularly in a car or van pool may have their parking requirement reduced by two parking spaces for every one space which is marked for car or van pool at a preferred location. ii. Mass Transit. Developments which are located within 150 feet of a mass transit facility may have their parking requirement reduced by two percent of the total number of required parking spaces.
iii. Planned Residential Development—Senior Citizen. A 20% reduction in the total number of required parking spaces may be allowed when an alternative senior citizen transportation program is proposed.
iv. Bicycle Parking. Developments which provide secured bicycle parking facilities exceeding the minimum requirement may reduce the number of required parking spaces by one vehicle space for every three additional bicycle spaces provided. v. Shared Parking Requirements. In order to encourage efficient use of parking spaces and good design practices, the total parking requirements for conjunctive uses shall be based on the number of spaces adequate to meet various needs of the individual uses operating during the peak parking period.
(A) The Community Development Director may, upon application by the owner or lessee of any property, authorize shared use of parking facilities under the following conditions:
(1) Sufficient evidence shall be presented to the Community Development Director to demonstrate that the peak hours of parking demand from all uses combined do not coincide/conflict with the principal hours or peak parking demand which propose to share parking. The efficiency of parking provided will equal or exceed the level that can be expected if parking for each use were provided separately.
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(2) The building or use for which an application for shared parking is being made shall be located within 150 feet of the parking area to be shared. (3) No more than 50% of the parking space requirement shall be met through shared parking.
(4) Parties sharing off-street parking facilities shall provide evidence of a reciprocal parking agreement for such joint use by a proper legal instrument recorded in the office of the County Recorder with the number of copies as required and thereof filed with the Building and Safety Department. vi. Shared Parking Agreement. A written agreement between the landowners and in some cases the City that runs with the land shall be filed, in a form satisfactory to the City Attorney, and include:
(A) A guarantee that there will be no substantial alteration in the uses that will create a greater demand for parking without application for approval of an amended conditional use permit, development permit, or other discretionary approval as appropriate;
(B) A reciprocal grant of nonexclusive license among the business operator(s) and the landowner(s) for access to and use of the shared parking facilities; (C) Evidence that the agreement has been recorded in the County Recorder’s office.

7. Special Review of Parking. The Community Development Director may reduce the parking requirement, as required above, for any use or combination of uses as part of the review of a development plan, including, but not limited to, minor or major development review, conditional use permit, or planned residential development, based on the following conditions:
a. The applicant shall submit a request for modification of parking standards, including sufficient evidence and documentation, to demonstrate to the Community Development Director that unusual conditions warrant a parking reduction. Evidence shall include, but is not limited to, the following:
i. Information showing that the parking area serves uses having peak parking demands which occur at different times;
ii. Floor plans which indicate that the floor area devoted to customer or employee use is less than typical for the size building proposed;
iii. Documentation that other programs which will be implemented by the developer or tenant(s) will result in a reduced parking demand, such as the provision of monetary incentives to employees who regularly utilize public transit or participate in a car or van pool.
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a. As a condition of approval for a parking reduction, the applicant may be required to record agreements or covenants prior to issuance of a building permit, which assure that appropriate programs are implemented for the duration of the parking reduction. b. Criteria for Approval. The Community Development Director shall only grant approval if it is determined that the project meets three or more of the circumstances listed below and are true.
i. The use will be adequately served by the proposed parking due to the nature of the proposed operation; proximity to frequent transit service; transportation characteristics of persons residing, working, or visiting the site; or because the applicant has undertaken a travel demand management program that will reduce parking demand at the site.
ii. Parking demand generated by the project will not exceed the capacity of or have a detrimental impact on the supply of on-street parking in the surrounding area. iii. The site plan is consistent with the objectives of the zoning district and incorporates features such as unobtrusive off-street parking placed below the ground level of the project with commercial uses above or enclosed parking on the ground floor. iv. The applicant has provided on-site parking for car-share vehicles via a recorded written agreement between the landowner and the City that runs with the land.

Agreement shall provide for proof of a perpetual agreement with a car-share agency to provide at least one car share vehicle on-site.
c. The Community Development Director, at his/her discretion, may elevate the request for a reduction of parking requirements as outlined above to the Planning Commission for review and approval. If the request is part of a proposed development permit, conditional use permit, public use permit, planned residential development or a specific plan, the request shall automatically be reviewed and approved by the Planning Commission as part of the underlying discretionary action.

8. Development Standards for off-Street Parking Facilities—Layout Design Standards. All parking areas shall be designed as follows:
a. Location of Parking Areas. No parking space shall be located within three feet of any property line. No parking space located on driveways providing direct access to a street shall be located closer than 30 feet from the property line at the right-of-way. b. Parking Space and Driveway Specifications. The location and dimensions of parking spaces and aisles adjacent to parking spaces shall be arranged in accordance with the following tables entitled Dimensions of Parking Spaces and Aisles and Dimensions of Driveways.
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Table 17.155.030-2 Angle Parking Space and Drive Aisle Dimensions Angle Stall Width Stall To Curb Aisle Width of Two
Rows and Aisle
Figure Label a b c d
0 degree
(parallel parking)
9 ft. × 23 ft.; end
stall: 9 ft. × 30 ft. 12 feet 30 feet
45 degrees 9 ft. × 19 ft.; end
stall: 12.8 ft. × 19 ft. 14 feet 52 feet
60 degrees 9 ft. × 20 ft.; end
stall: 10 ft. × 20 ft. 18 feet 58 feet
90 degrees 9 ft. × 18 ft.;
end stall: 11 ft. × 18 ft. 24 feet 60 feet
Herringbone 9 ft. × 18 ft. 14 feet between 4.56
feet & 48.8 feet
Stacking Spaces
N/A 25 ft. in length per
vehicle 12 feet N/A
Parking Obstructions
Parking spaces next to
a wall, building, fence
or other obstructions.

Space shall be three feet wider than the required width as listed above. 3015
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Figure 17.155.030-1 – Parking Aisle Standards
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c. Compact Parking Spaces. Up to 20 percent of the total required parking may be sized for compact cars. Compact car parking spaces shall be clearly marked “COMPACT CARS ONLY.” Compact car parking spaces may be reduced (from the dimensions listed in the table) as follows:
i. in width by no more than one-half foot,
ii. in length by no more than two feet.
iii. When an entire section of the parking area is restricted to compact car parking, and the parking spaces are at a 90 degree angle to the aisle, the aisle width may be reduced to 23 feet.
d. Off-street parking for private residences shows in Table 17.155.030-3.

Table 17.155.030-3 Dimensions of Driveways
Type Of Use Minimum Width Of
Driveway
One-family and two-family dwellings 12 feet
Multiple family or apartment complexes:
• less than 100 units (Carports or garages may be allowed on one side.) 24 feet
• 100 to 300 units (Carports or garages may be allowed on both sides.) 28 feet
• more than 300 units (Carports or garages may be
allowed on both sides.) 34 feet
Commercial/Industrial (The driveway shall have a vertical clearance of 13 feet and six inches.) 24 feet
All driveways located within a road right-of-way shall be approved by the Transportation Director.

Where parallel parking is allowed, the minimum width shall be increased by eight feet for parking on one side and by 16 feet for parking on both sides.

Stub streets in excess of 150 feet shall have a minimum 45-foot radius turnaround at the end, or as otherwise approved by the Fire Department. e. Surfacing Standards for Parking Areas. The following standards shall apply to the development of all off-street parking facilities, including driveways, whether the space is required or optional.
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Table 17.155.030-4 Surfacing Standards
Type of Use Surfacing Materials
One and two family residences
less than ½ acre parcel concrete, asphaltic concrete, brick or equivalent
equal to or greater than ½ acre parcel at least three inches of decomposed granite or equivalent
Multiple family residences
concrete, asphaltic concrete, brick or
equivalent driveways with an inverted
section shall be constructed with a
concrete ribbon gutter
All other uses
At least 25% of the total street frontage within
660 feet from the boundaries of the proposed
use, including both directions from the property
and both sides of the street, is in commercial,
industrial, residential use or other developed
use. Where the proposed use would front on
two or more streets, this provision refers to the
street with the greater General Plan designation
or right-of-way requirement.
concrete surfacing with a minimum
thickness of 3½ inches, with expansion
joints; or asphaltic concrete paving
compacted to a minimum thickness of
three inches on four inches of Class 2
base.

Other cases where the aforementioned
circumstances do not apply or as determined
by the Community Development Director.
a base of decomposed granite or
equivalent compacted to a minimum
thickness of three inches to act as an allweather surfacing material f. Off-Street Parking Area Striping.
i. If five or more parking spaces are provided, each space shall be clearly marked with white paint or other easily distinguishable material.
ii. If 10 or more parking spaces are provided, and one-way aisles are used, directional signs or arrows painted on the surface shall be used to properly direct traffic. g. Drainage. All parking areas, including driveways, shall be graded to prevent ponding and to minimize drainage runoff from entering adjoining properties. h. Curbs, Bumpers, Wheel Stops or Similar Devices. Public parking areas shall be equipped with permanent curbs, bumpers, wheel stops or similar devices so that parked vehicles do not overhang required walkways, planters or landscaped areas. i. If the method used is designed to stop the wheel rather than the bumper of the vehicle, the stopping edge shall be placed no closer than two feet from the edge of any required walkway, planter or landscaped area, or from any building. 3018
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ii. The innermost two feet of each parking space, between the wheel stop or other barrier, and any required planter or walkway, may either: Be paved; or be planted with low ground cover.

This additional planting area is considered part of the parking space and may not be counted toward satisfying any landscaping requirement(s). i. Lighting.
ii. Parking area lighting is not required. However, if parking areas are lighted, such lighting facilities shall be located to prevent lights from shining directly onto adjoining properties or streets.
iii. Parking area lighting shall be of an energy-efficient type. However, when such lighting is located within 30 miles of the Mt. Palomar Observatory, low-pressure sodium lamps shall be used. These shall be oriented and shielded to prevent direct illumination above the horizontal plane passing through the luminaire.

9. Walls. All paved parking areas, other than those required for single-family residential uses, which adjoin property zoned residential (R-1, R-2, R-3, R-4, R-A, R-R or R-T), shall have a sixfoot high solid masonry wall provided with an anti-graffiti coating installed to preclude a view of the parking area from such adjoining property. However, any walls within 10 feet of any street or alley shall be 30 inches high.

17.155.040 Loading Space Requirements.

A. On each lot used for manufacturing, storage, warehousing, goods display, a department store, a wholesale store, a market, a hotel, a hospital, a laundry, dry cleaning or other uses which involve the receipt or distribution by vehicles of materials or merchandise, there shall be provided and maintained adequate loading space for delivery vehicle stacking, and for loading activities. The loading space and delivery vehicle stacking area shall be located and designed so as to avoid undue interference with the public use of streets and alleys.

B. Each required loading space shall be paved with six inches of concrete over a suitable base and shall not be less than 10 feet wide, 35 feet long and 14 feet high.

C. The minimum number of loading spaces indicated in the following table shall be provided:

Table 17.155.040-1 Minimum Number of Loading Spaces
Gross Floor Area
(Square Feet)
Number of Loading Spaces
7,499 or less 0
7,500—14,999 1
15,000—24,999 2
25,000—39,999 3
40,000—59,999 4
60,000—79,999 5
80,000—100,000 6
for each additional 100,000 6, plus 1
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17.155.050 Parking for Persons with Disabilities.

A. Parking spaces shall be provided for access by persons with disabilities in accordance with the number indicated by the following table. These numbers are based on the total number of parking spaces required, given the intended use of the site. At least one van accessible parking space shall be provided for every six parking spaces reserved for persons with disabilities.

Table 17.155.050-1 Number of Accessible Parking Spaces For Persons with Disabilities Total Number of Parking Spaces
Required
Minimum Number of Spaces Required for
Accessible Parking
02—25 1
26—50 2
51—75 3
76—100 4
101—150 5
151—200 6
201—300 7
301—400 8
401—500 9
501—1,000 Two percent of total number of required parking spaces over 1,000 20 plus one for each 100, or fraction thereof over 1001 B. A higher percentage of accessible parking spaces is required for medical care outpatient facilities as follows: ten percent of the total number of parking spaces provided for outpatient facilities; twenty percent of total numbers of parking spaces provided for facilities that specialize in treatment or services for persons with mobility impairments.

C. Accessible parking spaces shall be located so as to provide for safety and optimum proximity to curb ramps or other pedestrian ways thereby, providing the most direct access to the primary entrance of the building served by the parking lot.

D. For a single accessible space, the space shall be 14 feet wide and outlined to provide a nine foot wide parking space and a five-foot wide loading/unloading area.

E. For multiple accessible spaces, two spaces shall be provided within a 23-foot wide area outlined to provide a five-foot wide loading/unloading area between the nine-foot wide parking spaces.

F. Each loading/unloading area for a van accessible space shall be eight feet wide with a minimum length of 18 feet.

G. A minimum of one in every eight accessible parking spaces shall be served by an access aisle with a minimum width of eight feet.

1. The parking space shall be designated van accessible.

2. All such van accessible parking spaces may be grouped on one level of a parking structure.

H. In each parking space, a wheel stop or curb shall be provided and located to prevent encroachment of cars over the walkways.
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I. The parking spaces shall be located so that persons with disabilities are not compelled to wheel or walk behind parked cars other than their own.

J. Pedestrian ways which are accessible for persons with disabilities shall be provided from each such parking space to the related facilities and shall include curb cuts or ramps as needed.

1. Ramps shall not encroach into any parking space. However, ramps located at the front of accessible parking spaces may encroach into the length of such spaces when the encroachment does not limit the ability of persons with disabilities to leave or enter their vehicles, and when it is determined that compliance with any regulation of this subsection would create an unreasonable hardship.

2. Parking spaces may be provided which would require persons with disabilities to wheel or walk behind parking spaces that are not designed for accessibility when it is determined that compliance with the accessible parking regulations would create an unreasonable hardship.

K. Surface slopes for accessible parking spaces shall be the minimum possible and shall not exceed one-fourth inch per foot (2.083 percent gradient) in any direction.

L. Each accessible parking space shall be identified by a permanently affixed reflectorized sign displaying the international symbol of accessibility.

1. The sign shall be posted immediately adjacent to and visible from each accessible parking space;

2. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade; or

3. The sign may be centered on the wall of the interior end of the accessible parking space at a minimum height of three feet from the parking space finished grade or walkway.

M. An additional sign shall be posted in a conspicuous place, at each entrance to the off-street parking facilities. The sign shall not be less than 17 by 22 inches in size with lettering not less than one inch in height, which clearly and conspicuously states the following:

N. The surface of each accessible parking space shall have a surface identification duplicating the symbol of accessibility in blue paint of at least three square feet in size.

O. For additional accessible parking and site development standards, reference the California Code of Regulations, Title 24.

17.155.060 Bicycle Parking Facilities
A. Bicycle Parking Facility Classifications. Bicycle parking facilities shall be classified as follows:

1. Class I: an enclosed box with a locking door, typically called a bicycle locker, where a single bicyclist has access to a bicycle storage compartment.

2. Class II: a stationary bicycle rack designed to secure the frame and both wheels of the bicycle, where the bicyclist supplies only a padlock.
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3. Class III: a stationary bicycle rack, typically a cement slab or vertical metal bar, where the bicyclist supplies a padlock and chain or cable to secure the bicycle to the stationary object.

B. Bicycle Parking Requirements.

1. Minimum Bicycle Parking Facilities. The minimum bicycle parking shall be provided as follows:

Table 17.155.060-1 Bicycle Spaces for Bicycle Parking Facility Class Industrial Restaurants and Cocktail
Lounges
Commercial, Office and
Service Uses not
Otherwise Listed

EMPLOYEES
One bicycle space for every
25 parking spaces required.

A minimum of two bicycle
spaces required.

One bicycle space for every
50 parking spaces required.

A minimum of two bicycle
spaces required.

One bicycle space for every
25 parking spaces required.

A minimum of two bicycle
spaces required.

Class I lockers or Class II
racks in an enclosed
lockable area.

Class I lockers or Class II
racks in an enclosed
lockable area.

Class I lockers or Class II
racks in an enclosed
lockable area.

PATRONS OR

VISITORS
Number of bicycle spaces
required: 0
Number of bicycle spaces
required: 0
One bicycle space for every
33 parking spaces required.

A minimum of two bicycle
spaces required.

Type of lockers/racks: N/A Type of lockers/racks: N/A Type of locker/racks: Class II racks
C. Additional Standards

1. Where the application of the above table results in the requirement for a fraction of a bicycle parking space, such a space need not be provided unless the fraction exceeds 50%.

2. Where the application of the above table results in fewer than six required employee spaces, Class II racks need not be placed within an enclosed lockable area. a. Design Standards. Bicycle parking facilities shall be installed in a manner which allows adequate spacing for access to the bicycle and the locking device when the facilities are occupied. General space allowances shall include a two-foot width and a six-foot length per bicycle and a five foot wide maneuvering space behind the bicycle. The facilities shall be located on a hard, dust-free surface, preferably asphalt or concrete. b. Exemptions. Requests for exemptions from bicycle parking requirements shall be made in writing to the Community Development Director.
i. Exemptions from bicycle parking requirements shall be submitted and processed concurrently with the project application.
ii. Exemptions may be granted depending upon the location of the site with respect to an urbanized area, the nature and hours of operation of the proposed use, and the accessibility of the site by bicycle at present and in the future. 3022
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17.155.070 Recreational Vehicle Regulations
A. This section regulates the parking and storage of recreational vehicles: motorhomes, camping trailers, fifth wheel camping trailers, campers, boats, off-road vehicles, and their trailers.

B. It shall be unlawful for any person to park or store any recreational vehicle in a residential zone in any manner other than defined as follows:

1. Inside any structure, which otherwise conforms to the zoning requirements where located.

2. Outside parking in the side yard, provided it is not nearer than two feet to the lot line.

3. Outside parking in the rear yard, provided it is not nearer than two feet to the lot line.

4. Outside parking in the front yard, provided:
a. Space is not available or there is not reasonable access to either the side yard or rear yard. A corner lot shall be deemed to have reasonable access to the rear yard, unless natural topographical conditions otherwise preclude reasonable access (this applies to all recreational vehicles except self-propelled multipurpose vehicles, and applies to boats, off-road vehicles, and trailers designed and used specifically to transport boats or off-road vehicles mounted upon it).
b. Inside parking is not possible.
c. The unit is parked on the driveway or hard surface area that is either paved or prepared with a minimum of a three-inch base of decomposed granite or gravel. d. The unit is parked perpendicular to the front curb, unless parked on a circular drive. e. No part of the unit may extend over the public sidewalk or public thoroughfare (right-ofway).

5. Parking is permitted only for storage purposes, and no travel trailer, motorhome, recreational vehicle, or like facility shall be used for dwelling purposes in the city except as follows:
a. In an approved public campground, subject to rules established for the use thereof, which shall include limits as to the duration of stay, sanitary and noise regulations, and the fees to be charged for camping privileges.
b. Pursuant to subsection (a) above, units having installed sanitary facilities shall not use such facilities unless connected in an authorized manner to an approved sewer or septic tank system, or unless the unit is equipped with an approved holding tank.

Holding tanks shall be emptied only at approved sanitary stations and shall at all other times be kept capped. Unused sanitary outlets not connected as above shall be capped at all times.

6. Parking is permitted only for storage purposes, and any motorhome, recreational vehicle, trailer, or like facility shall not be:
a. Permanently connected to sewer lines or water lines. The recreational vehicle may be connected to electricity for charging batteries and other purposes, but generators are not allowed.
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b. Used for storage of goods, materials, or equipment other than those items considered to be part of the unit or essential for its immediate use. c. Such recreational vehicles described in this section shall be maintained in a clean, wellkept state so as not to detract from the appearance of the surrounding area. d. All units shall be maintained with proper registration and insurance when required. All units shall be kept operational and movable within a reasonable time. e. Notwithstanding the provisions of subsection (B)(4) of this section, a unit may be parked anywhere on the premises during an active loading or unloading; and the use of propane fuel is permitted when necessary to prepare a recreational vehicle for use for a period not exceeding 48 consecutive hours.

C. Such recreational vehicles described in this section shall be maintained in a clean, well-kept state so as not to detract from the appearance of the surrounding area.

D. All units shall be maintained with proper registration and insurance when required. All units shall be kept operational and movable within a reasonable time.

E. If the parking of a recreational vehicle creates a parking shortage for other vehicles, it can be classified as a nuisance.

F. Units stored or parked which are nonconforming under this chapter shall be ordered removed pursuant to the laws and ordinances relating to abandoned and derelict vehicles.

17.155.080 Parking on Private Property Visible from the Street A. It is unlawful to park or store a vehicle on any portion of private property visible from a street if one or more the following is true.

1. Said vehicle is dismantled, or lacks any of the following: an engine, a transmission, a wheel or tire, a door, a windshield, or any other part or equipment necessary to operate safely and legally on the streets and highways.

2. Said vehicle is not parked in a driveway, such as a poured-in-place asphalt or concrete slab connected to the public right-of-way by a curb cut, or an unpaved strip of land covering an area between the curb cut and a garage or carport located on the property and used for ingress and egress into such garage or carport.

3. Said vehicle is not currently registered.
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Chapter 17.160 Landscaping Standards

17.160.010 General Landscaping Provisions
A. Application Requirements. A landscaping plan, landscaping grading plan, irrigation plan and shading plan shall be required for all development review (minor and major), conditional use permits, subdivisions, and any other permit when the Community Development Director deems it necessary.

1. The landscaping plan, landscaping grading plan, irrigation plan and shading plan shall be submitted under one application consistent with the provisions of Chapter 17.125 (Common Application Processing Procedures). The landscaping plan, landscaping grading plan, irrigation plan and shading plan may be submitted on four separate exhibits or may be combined on one to three exhibits, provided that the information required to be displayed for each plan is legible and clearly discernible.

2. No less than the number of copies as determined by the Community Development Director of the landscaping plan, landscaping grading plan, irrigation plan and shading plan shall be submitted for approval by the Community Development Director.

3. All landscaping shall comply with Chapter 17.160 (Landscaping Standards), Chapter

17.165 (Water Efficient Landscapes), and the City’s Landscape Design standards and Guidelines in regard to water-efficient landscaping.

4. All plans shall show the following information:
a. The first sheet of a multiple sheet set shall contain a title block with the name and address of the project, sheet number, and numbers of sheets and a revision block to indicate date and type of revisions.
b. Each sheet shall show the required technical data, including scale of drawing, north arrow, date drawn, and dates of revisions (if applicable), all property lines and project limits, if other than property limits, all easements, fences, walls, curbs, roads, walks, structures, mounds, swales, manholes, banks, and all plant and landscaping materials, grading, irrigation and other exterior elements proposed. A legend shall also be included for each symbol used.

B. Landscaping Plan Requirements.

1. The location of all existing landscaping materials, and where proposed landscaping material is to be placed shall be shown. Existing trees shall be preserved whenever it is practical to do so and shall be shown on the landscaping plan. Any existing trees to be removed shall also be shown on the landscaping plan.

2. The quantities, sizes and locations of all trees, shrubs and ground cover, hydroseed and wildflower mixtures, etc., shall be indicated. Trees shall be a minimum 15 gallon size.

Shrubs shall be a minimum five-gallon size; however, the use of smaller plants may be approved for areas where color or growth habits make it suitable. 3025
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3. All trees and shrubs shall be drawn to reflect the average specimen size at 15 years of age.

Trees shall be drawn to size as indicated on the shade tree list as provided in the Riverside County Guide to Trees, Shrubs and Ground Covers.

4. All plants shall be listed by correct botanical name and common name.

5. The soil surface of all planters shall be shown planted or covered with suitable material.

6. Lawns shall be indicated by common name of species and method of installation (seeding, hydro mulching or sodding).

7. Proposed treatment of all ground surfaces, including paving, turf and gravel.

8. Planting details and methods of application shall be shown.

9. Complete construction detail referencing (fencing, walls, etc.) shall be indicated.

C. Landscaping Grading Plan Requirements. The grading plan shall show the drainage of all planting areas and the heights of mounds. Mounds shall not exceed 3:1 slope, and no mound over 30 inches high shall be placed within 10 feet of any street and/or alley intersections.

D. Irrigation Plan Requirements. An irrigation plan shall show the following:

1. Locations of all irrigation components, such as sprinkler heads, valves, pipes, backflow prevention devices and water taps, and if applicable, automatic controllers, quick couplers, hose bibs and washer boxes.

2. Proposed radius or diameter of throw (sprinkler coverage) at a stated pressure (PSI) for each sprinkler head.

3. Worst case irrigation system pressure loss calculations.

4. Static water pressure PSI (pounds per square inch), available GPM (gallons per minute), water pressure zone, agency reading locations and source of information for each one.

5. Required water budget calculations based on the Riverside County Guide to Trees, Shrubs and Ground Covers.

E. Shading Plan Requirements.

1. Parking area landscaping shall include shade trees from the Riverside County Guide to Trees, Shrubs and Ground Covers, unless otherwise approved by the Community Development Director, so as to provide for adequate shade canopies within 15 years of age as follows:

Table 17.160.010-1 Percentage of Total Parking Area Required to be Shaded Number of Parking Spaces Percentage of Parking Area to be Shaded (Minimum Percent)
05—24 spaces 30
25—49 spaces 40
50+ spaces 50
Note: The percentage of parking area required to be shaded shall be based on the number of uncovered parking spaces; driveways and aisles are excluded. Multilevel parking structures are exempt from shading requirements.

2. Trees shall be a minimum 15 gallon size at planting. 3026
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3. Trees shall be planted and maintained throughout the parking area to ensure that within 15 years, the percentage of the parking area that is shaded is no less than the minimum amount required by the table entitled Percentage of Total Parking Area Required to be Shaded. The parking area shading plan shall be developed in compliance with a landscaping plan. Each planting area shall be of adequate size for the landscaping approved and shall have adequate irrigation for that landscaping.

F. Landscaping Design Standards. Landscaping shall be incorporated into the design of all offstreet parking areas, including covered and decked, as follows:

1. General Landscaping Provisions.
a. These provisions apply to:
i. Landscaping throughout and immediately surrounding parking areas ii. Additional landscaping as required by a zone classification. b. Landscaped areas shall be distributed throughout the entire off-street parking area as evenly as is appropriate in the design of the parking facility. c. Nothing in this subsection shall preclude the installation of additional landscaping and the planting of additional trees so long as such planting is consistent with visibility regulations.
d. Any open areas in the interior shall be landscaped with appropriate plant materials and maintained in good condition as provided in this Title. e. All landscaped areas shall be designed so that plant materials are protected from vehicle damage, encroachment or overhang.
f. All trees shall be double-staked and secured with a rubber or plastic strip, or other commercial tie material. Wire ties shall not be used.
g. No trees shall be planted within 10 feet of driveways, alleys and/or street intersections. h. All landscaping shall be within planters bounded by a curb at least six inches high. i. A six-inch high curb with a 12-inch-wide concrete walkway shall be constructed along planters on end stalls adjacent to vehicle parking spaces. j. In urban areas, all parking areas shall be screened from view along the entire perimeter of the parking lot by the construction of either a three-foot high and three-foot wide earthen berm, or a three-foot wide planter with shrubbery that can be maintained at a height of three feet. When the parking area is adjacent to a public road right-of-way, the berm or planter shall be five feet in width.
k. In addition to the perimeter landscaping required by this Title, parking areas of five spaces or more shall be required to provide additional landscaped areas within the parking area. A minimum percentage of the total parking area shall be landscaped as follows:
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Table 17.160.010-2 Minimum Percentage of Total Interior Parking Area to be Landscaped Parking Spaces Required 5—24 Spaces 25—49
Spaces
50+ Spaces
Percentage To Be Landscaped 5.0% 7.5% 10.0%
Percentage To Be Landscaped Along
State and County Scenic Highway 6.0% 8.5% 11.0%
a. At the discretion of the appropriate authority, a barrier free, four-foot wide paved walkway may be provided through the required planter at street and driveway intersections to provide unencumbered access for persons with disabilities from the sidewalk to the parking lot.
i. Such a walkway shall be located so as to facilitate the most direct movement of persons using sidewalk curb ramps, if provided.
ii. Bus shelters may be located within this planter if approved by the Community Development Director. Such shelters shall not be placed so as to reduce the number of trees which are otherwise required by this article.

2. Planter Provisions. Planters containing organic landscaping shall be provided adjacent to and within parking areas. The dimensions of a planter refer only to that which is plantable area.
a. No planter shall be smaller than 25 square feet.
b. Each planter shall include an irrigation system.
c. The planter shall include shrubs, hedges, and other natural growth or other features such as berms, designed to form a partial visual screen at least three feet in height, except within 10 feet of street and driveway intersections where landscaping shall not be permitted to grow higher than three feet.
d. A planter at least five feet wide shall be provided adjacent to all public road right-ofways. Any area within the road right-of-way between the edge of the walkway and outer edge of the right-of-way shall also be developed as a landscaped area in conjunction with the required planter, unless this requirement is waived by the Community Development Director.
i. A planter at least five feet wide shall be provided adjacent to properties used for residential purposes. Within this planter, one screen tree from the Riverside County Guide to Trees, Shrubs and Ground Covers shall be planted at an average distance apart of at least every 25 feet on center in combination with other plants to provide a dense visual screen.
ii. A planter at least eight feet wide shall be located at least 45 feet apart for every 150 feet of frontage along a public road right-of-way. Within this planter, trees from the Riverside County Guide to Trees, Shrubs and Ground Covers shall be planted no 3028
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farther apart than 25 feet on center, and at least five feet, but not farther than 10 feet, from the back of the walkway.
e. All planters located adjacent to end parking spaces shall have a six-inch high and 12- inch-wide concrete walkway.

3. Plant Materials Provisions.
a. Existing mature trees on the site shall be preserved whenever it is practical to do so. b. All plant materials shall be maintained free from physical damage or injury arising from lack of water, chemical damage, insects and diseases. Plant materials showing such damage shall be replaced by the same or similar species. c. Planting areas shall be kept free from weeds, debris and undesirable materials which may be detrimental to public safety, drainage or site appearance. d. Drought tolerant species and native species are to be used to the maximum extent possible over non-drought tolerant and nonnative species. i. The quantity and extent of drought tolerant species shall be dependent on the climatic zone of the project.
ii. Landscaping may include natural features such as rock and stone, non-drought tolerant plants and structural features such as fountains, reflecting pools, art work, screens, wall and fences.
e. Plant materials shall be grouped together in regard to water and soil requirements. In order to conserve water, alternative types of low volume irrigation concepts may be used, including, but not limited to, drip/trickle, rotary spray, mini-spray, bubbler, and perforated soaker tubing.

4. General Irrigation Provisions.
a. An automatic irrigation system for all planted areas shall be required. i. The layout of the system should consider meter water pressure, pipe size and length, and type of heads (sprinkler, bubbler or rainbird). ii. Hose bibs shall be located in each tree well site as may be considered adequate for irrigation of the trees.
b. Sprinkler spacing shall not exceed the manufacturer’s recommended spacing or, if no spacing is recommended, spacing shall not exceed 60% of the diameter of throw (sprinkler coverage).
c. No sprinklers on risers shall be installed next to walks, streets and/or pavement.

Sprinklers in hazardous locations shall be flush mounted on high pop models only. d. Backflow prevention devices for sprinklers shall comply with the latest edition of the Uniform Plumbing Code as adopted by the City.
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G. Requests for Modifications from Landscaping Standards. The Community Development Director may, without notice or hearing, permit modifications to the landscaping requirements where topographic or other physical conditions make it impractical to require strict compliance with these requirements.

H. Enforcement of Landscaping Design Standards.

1. Prior to the issuance of a final building occupancy certificate, all required landscape planting and irrigation shall have been installed and be in a condition acceptable to the Community Development Director.
a. The plants shall be healthy and free of weeds, disease or pests. b. The irrigation system shall be properly constructed and in good working order.

2. Prior to the issuance of a building permit, performance securities in an amount to be determined by the Building and Safety Director shall be filed with said Director, so as to guarantee:
a. The installation of plantings, walls and fences in accordance with the approved landscaping plan when the total uncovered parking area on the property, including adjoining parcels over which the property has a shared parking agreement, and/or any other parking agreement exceeds 3,600 square feet; and
b. The adequate maintenance of the planting for one year.

3. The Building and Safety Director shall be authorized to execute, on behalf of the City, the required agreements and bonds and those forms and terms approved by the City Council.

Acceptable forms of security shall be limited to the following:
a. A bond from a duly authorized corporate surety;
b. A deposit of cash with the City;
c. An irrevocable instrument of credit from a regulated financial institution; or d. An irrevocable letter of credit issued by a regulated financial institution; provided, that a cash bond is required to guarantee the installation of plantings, walls and fences when the estimated cost is equal to or less than the cost determined by the Building and Safety Department. The remaining performance surety shall be released one year after installation is approved; provided that the planting has been adequately maintained. 3030
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Chapter 17.165 Water Efficient Landscapes

17.165.010 Purpose
The purpose of this chapter is to establish water efficient landscape regulations that are "at least as effective in conserving water as" the State Model Water Efficient Landscape Ordinance in the context of conditions in the City in order to ensure that landscapes are planned, designed, installed, maintained, and managed in a manner that uses water efficiently, encourages water conservation, and prevents water waste. The intent of this chapter is to encourage the cooperation between the City and local water purveyors to achieve irrigation efficiency and water conservation goals.

17.165.020 Applicability
This chapter shall apply to the following landscape projects:

A. New landscape installations or landscape rehabilitation projects by public agencies or private nonresidential developers, except for cemeteries, with a landscaped area, including water features but excluding hardscape, equal to or greater than 2,500 square feet, and which are subject to a discretionary approval of a landscape plan, or which otherwise require a ministerial permit for a landscape or water feature.

B. New landscape installations or landscape rehabilitation projects by developers or property managers of single-family and multifamily residential projects or complexes with a landscaped area, including water features but excluding hardscape, equal to or greater than 2,500 square feet, and which are subject to a discretionary approval of a landscape plan, or which otherwise require a ministerial permit for a landscape or water feature.

C. New landscape installations that are homeowner-installed, including homeowner-hired, in single-family or multifamily residential lots with a total project landscaped area equal to or greater than 5,000 square feet and which are otherwise subject to a discretionary approval of a landscape plan, or which otherwise require a ministerial permit for landscaping or water feature.

D. New cemeteries are only required to submit information on water calculations and irrigation scheduling and maintenance activities.

17.165.030 Exemptions
This chapter shall not apply to:

A. Registered local, state, or federal historical sites; B. Ecological restoration projects that do not require a permanent irrigation system; C. Mined-land reclamation projects that do not require a permanent irrigation system; D. Plant collections, as part of botanical gardens and arboretums open to the public; E. Existing cemeteries, except that the water waster prevention provisions of Section 17.165.070 are still applicable to the existing facilities;
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F. The requirements of this chapter may be partially or wholly waived at the discretion of the City Manager or his/her designee, for landscape rehabilitation projects that are limited to the replacement of plantings with equal or lower water needs and where any modifications to the irrigation system do not require ministerial permits and the irrigation system is found to be designed, operable, and programmed consistent with minimizing water waste in accordance with local water purveyors regulations.

17.165.040 Landscape design plan
As applicable, all persons and/or entities subject to the State Model Water Efficient Landscape Ordinance (23 CCR, Division 2, Chapter 2.7) shall comply with Sections 492.6(a)(3)(B), (C), (D), and (G), of the State Model Water Efficient Landscape Ordinance, as amended September 15, 2015, and as it may be amended in the future.

17.165.050 Landscape water use standards
A. For applicable new landscape or landscape rehabilitation projects subject to Section

17.165.020, the estimated applied water use allowed for the landscaped area may not exceed the maximum applied water allowance calculated using an evapotranspiration adjustment factor of 0.7, except for the portion of the maximum applied water allowance applicable to any special landscaped areas within the landscape project, which may be calculated using an evapotranspiration adjustment factor of 1.0.

B. Where the design of the landscaped area can be otherwise shown to be equivalently water efficient, the applicant may submit alternative or abbreviated information supporting the demonstration that the annual estimated applied water use is less than the maximum applied water allowance, at the discretion of and review and approval of the Community Development Director and City Landscape Architect.

C. The irrigation of all landscaped areas installed pursuant to this chapter shall be conducted in a manner conforming to the rules and requirements of the program and the approved landscape documentation package. Violations are subject to penalties and/or incentives for water conservation and water waste prevention as determined and implemented by the City and/or local water purveyor.

17.165.060 Implementation procedures
A. A landscape documentation package shall be submitted to the City for review and approval prior to the issuance of any permits to install or construct any landscape-related improvements.

B. A landscape documentation package submitted to the City shall comply with the provisions of this chapter and any adopted guidelines. The landscape documentation package shall include, at a minimum, a certification of preparation by the project landscape architect stating that the landscape design plan, soil management report, irrigation design plan, and water use calculations have been prepared by or under the supervision of the landscape professional and are in compliance with the provisions of this chapter and any applicable guidelines. 3032
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C. Prior to the final inspection of a new landscape installation, the applicant shall submit a certification of completion to the Community Development Director. The certification of completion shall, at a minimum, include information on the scheduling and timing of irrigation, system maintenance requirements, and identify City of Wildomar Planning Department approved changes to the approved plans that may have occurred during the construction/installation process.

D. The City may adopt guidelines to further refine, describe, and implement the requirements of this chapter.

17.165.070 Water waste prevention—Existing landscaping
A. The irrigation of landscaping installed prior to the effective date of the ordinance codified in this chapter, or exempt from the provisions of this chapter, shall be operated and maintained to avoid wasteful practices such as the watering of adjacent hardscape areas, runoff to the street, and watering during windy conditions.

B. Irrigation of all landscaped areas must be conducted in a manner conforming to the rules and requirements and be subject to penalties and incentives for water conservation and water waste prevention established by Elsinore Valley Municipal Water District Ordinance 185, as may be subsequently amended.

C. The City will work with the local water purveyor(s) to provide recommendations on how to increase water efficiency for existing landscapes.

17.165.080 Delegation
The City may delegate to, or enter into an agreement with, one or more local agencies to implement, administer, and/or enforce any of the provisions of this chapter on behalf of the City. 3033
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Chapter 17.170 Light Pollution Standards
Refer to Title 8, Chapter 8.64 of the Wildomar Municipal Code for requirements and standards. 3034
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Chapter 17.175 Density Bonus

17.175.010 Purpose
The purpose of this Chapter is to implement the State Density Bonus Law, California Government Code Section 65915 et seq. To the extent practicable, the citation to the governing statutory provision is included next to the implementing ordinance section. If any provision of this chapter conflicts with state law, the latter shall control. Applicable statutes should be consulted for amendments prior to applying the ordinance provision.

17.175.020 General density bonus provisions.

A. Application. Any person that desires a density bonus must make an application on a form approved by the Director at the time of submitting an entitlement application for the housing development for which a density bonus is requested.

B. Incentives and Concessions. When an applicant seeks a density bonus for a housing development or for the donation of land for housing within the City, the City must provide the applicant incentives or concessions for the production of housing units and child care facilities as provided in this chapter.

C. Available Density Bonus Options. The approval authority will grant one density bonus, the amount of which will be as specified in Section 17.175.050, and incentives or concessions as described in Section 17.175.030, when an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this chapter, that will contain at least one of the following:

1. 10% of the total units of a housing development, including a shared housing building development, for lower income households.

2. Five percent of the total units of a housing development, including a shared housing building development, for very low-income households.

3. A senior citizen housing development. For purposes of this subsection, “development” includes a shared housing building development.

4. 10% of the total dwelling units in a common interest development for moderate income households, provided that all units in the housing development are offered to the public for purchase.

5. 10% of the total units of a housing development for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541, or homeless persons, as defined in the Federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Section 11301 et seq.).

6. 20% of the total units for lower income students in a student housing development that meets the requirements of Government Code Section 65915(b)(1)(F).

7. 100% of all units in the development, including total units and density bonus units, but exclusive of a manager’s unit or units, are for lower income households, except that up to 20% of the units in the development, including total units and density bonus units, may be 3035
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for moderate income households. For purposes of this subsection, “development” includes a shared housing building development.

D. Additional Density Bonus. Provided that the resulting housing development would not restrict more than 50 percent of the total units to moderate-income, lower income, or very low income households, an additional density bonus shall be calculated pursuant to Government Code Section 65915(v).

E. Applicant’s Election of Basis for Bonus. For purposes of calculating the amount of the density bonus pursuant to Section 17.175.050, the applicant who requests a density bonus pursuant to this section must elect whether the bonus will be awarded on the basis of subsection (C)(1), (2), (3), (4), (5), (6), or (7) of this section.

F. Continued Affordability.

1. An applicant must agree to the continued affordability of all low- and very low- income rental units that qualified the applicant for the award of the density bonus for 55 years or a longer period of time if required by any applicable construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. a. Rents for the lower income density bonus units in a housing development receiving a density bonus under subsection (C)(1), (2), (3), (4), (5), or (6) must be set at an affordable rent.
b. Rents for all units in a housing development receiving a density bonus under subsection (C)(7) shall be as follows:
i. The rent for at least 20% of the units in the development shall be set at an affordable rent.
ii. The rent for the remaining units in the development shall be set at an amount consistent with the maximum rent levels for lower income households, as those rents and incomes are determined by the California Tax Credit Allocation Committee.

2. The City will require an equity-sharing agreement pursuant to Section 65915(c)(2), unless such an agreement would be in conflict with the requirements of another public funding source or law or may defer to the recapture provisions of the public funding source. The following apply to the equity sharing agreement:
a. Upon resale, the seller of the unit may retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation. The City will recapture any initial subsidy and its proportionate share of appreciation, if any, which amount must then be used within five years for any of the purposes that promote home ownership, as described in California Health and Safety Code Section 33334.2(e). b. The City’s initial subsidy will be equal to the fair market value of the home at the time of initial sale, minus the initial sale price to the moderate- income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale will be used as the initial market value.
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c. The City’s proportionate share of appreciation will be equal to the ratio of the initial subsidy to the fair market value of the unit at the time of initial sale.

3. Notwithstanding subsection (E)(2), for-sale units may be purchased by a qualified nonprofit housing corporation pursuant to a recorded contract that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code and includes all of the requirements stated in Government Code Section 65915(c)(2)(A)(ii).

G. Eligibility. An applicant shall be ineligible for a density bonus or any other incentives or concessions under this chapter if the housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through a public entity’s valid exercise of its police power; or occupied by lower or very low income households, unless the proposed housing development replaces those units, as “replace” is defined in Government Code Section 65915(c)(3)(B), and either of the following applies:

1. The proposed housing development, inclusive of the units replaced pursuant to this subsection, contains affordable units at the percentages set forth in subsection C of this section.

2. Each unit in the development, exclusive of a manager’s unit or units, is affordable to, and occupied by, either a lower or very low-income household.

Table 17.175.020-1 Density Bonus Eligibility
Description of project Qualifying Criteria Affordable Housing Benefit Percent Affordable by Income
Category
(to be calculated based on
affordability of base units, unless
otherwise noted)
Developer
Incentives
that may be
requested9,11
Percentage
Density
Bonus11
Very Low Low Moderate4
For-rent housing
development1,2
5%
10%
15%
16%
10%
17%
24%
n/a
1 2
3 4
Varies,
see section

17.175.050
(Calculation of
For-sale housing Density Bonus).
development1,2,3,4
5%
10%
15%
16%
10%
17%
24%
10%
20%
30%
45%
1 2
3 4
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Table 17.175.020-1 Density Bonus Eligibility
Description of project Qualifying Criteria Affordable Housing Benefit Percent Affordable by Income
Category
(to be calculated based on
affordability of base units, unless
otherwise noted)
Developer
Incentives
that may be
requested9,11
Percentage
Density
Bonus11
Very Low Low Moderate4
Transitional foster youth,
disabled veterans, or
homeless persons housing
development1,5
10% n/a n/a 2 20%12
Student housing
development1,2,6 20% n/a 1 35%12
Senior citizen housing
development1,7
One hundred percent of the units in a
senior housing development of at least 35
units as defined in Sections 51.3 and 51.12
of the Civil Code or a mobile home park
that limits residency based on age
requirements for housing for older persons
pursuant to Government Code Section
798.76 or 799.5.
20%12
One hundred percent
affordable housing
development1,7,8
100% very low, low, and moderate income
510 80%13
80% min. 20% max.

1. A housing development project proposed on a site where residential uses were present at any point in the five years preceding the date of application may be subject unit replacement requirements.

2. Rents for such units shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code.

3. For-sale units used to qualify the applicant for the award of an affordable housing benefit shall be subject the requirements of 10-2.2104(b), For-sale units.

4. For-sale moderate income units shall qualify a project as a qualified housing development project, provided all units in the development are offered to the public for purchase.

5. Units used to qualify a project in this category shall be subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very low income units.

6. All units in a student housing development shall be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges.

7. Shared housing building development projects that meet other requirements shall qualify.

8. All units in a one hundred percent affordable housing project (including base units and bonus units granted under this chapter) must be affordable to very low, low, or moderate income households (with a maximum of 20% available to households with moderate income). At least 20 percent of the total units shall be rented at an affordable rate per section 50056 of the health and safety code. The rent for remaining units s

9. all be consistent with the requirements for lower-income households as determined by the California Tax Credit Allocation Committee.

10. Incentives and concessions shall be granted pursuant to Section 17.175.030 (Incentives and Concessions). 3038
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Table 17.175.020-1 Density Bonus Eligibility
Description of project Qualifying Criteria Affordable Housing Benefit Percent Affordable by Income
Category
(to be calculated based on
affordability of base units, unless
otherwise noted)
Developer
Incentives
that may be
requested9,11
Percentage
Density
Bonus11
Very Low Low Moderate4

11. If the project is located within one-half mile of a major transit stop, the applicant may also request a height increase of up to three additional stories, or 33 feet.

12. If existing development standards will have the effect of physically precluding the construction of a qualified housing development project at the densities or with the concessions or incentives permitted under this section, an applicant may request a waiver or reduction of development standards.

13. Density bonus shall be the percent of the number of the type of units giving rise to the density bonus, see Section 17.175.050 (Calculation of Density Bonus) for additional details.

14. Density bonus shall be 80 percent of the number of units for lower income households unless the housing development is located within one-half mile of a major transit stop or within a very low vehicle travel area, in which case the City shall not impose any maximum controls on density. Projects that receive a waiver from any maximum controls on density shall only be eligible for a waiver or reduction of development standards per note 10 above unless the City agrees to additional waivers or reductions in development standards.

17.175.030 Incentives and Concessions.

A. Proposal by Applicant. An applicant for a density bonus pursuant to Section 17.175.020 may submit a proposal for the specific incentives or concessions that the applicant requests pursuant to this chapter and may request a meeting with the Director.

B. Number of Incentives. The applicant may receive the number of incentives and concessions as listed in Table 17.175.020-1.

C. Findings. The approval authority must grant the concessions or incentives requested by the applicant, unless it makes a written finding, based upon substantial evidence, that:

1. The concession or incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs or for affordable rents as specified in Section 17.175.020 (E);

2. The concession or incentive would have a specific, adverse impact upon public health and safety, or the physical environment, or on any real property listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households; or

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

17.175.040 Waiver or Reduction of Development Standards.

A. Proposal by Applicant. An applicant may submit to the City a proposal for the waiver or reduction of development standards that the applicant believes will have the effect of 3039
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physically precluding the construction of the proposed housing development at the densities or with the concessions or incentives permitted by this chapter and may request a meeting with the Director. A proposal for the waiver or reduction of development standards shall neither reduce nor increase the number of incentives or concessions that the applicant is entitled to under Section 17.175.030 (Incentives and Concessions).

B. Findings. The approval authority must waive or reduce the development standard requested by the applicant, unless it makes a written finding, based upon substantial evidence, that:

1. The development standard does not physically preclude the construction of the proposed housing development at the densities or with the concessions or incentive permitted by this chapter;

2. The waiver or reduction would have a specific, adverse impact upon public health and safety, or the physical environment, or on any real property listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or

3. The waiver or reduction would be contrary to state or federal law.

17.175.050 Calculation of Density Bonus.

A. The amount of density bonus to which the applicant is entitled will vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in Section 17.175.050 (Calculation of Density Bonus) the applicant may elect to accept a lesser percentage of density bonus.

B. For qualified for sale or rental housing development projects with at least 10% of base units affordable to lower income households, the density bonus shall be calculated as follows:
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Table 17.175.050-1 Low-Income Unit Density Bonus
Percentage Low-Income Units Percentage Density Bonus
10 20.0
11 21.5
12 23.0
13 24.5
14 26.0
15 27.5
16 29.0
C. For qualified for sale or rental housing development projects with at least 5% of base units affordable to very low-income households, the density bonus shall be calculated as follows:

Table 17.175.050-2 Very Low-Income Unit Density Bonus
Percentage Very Low Income Units Percentage Density Bonus 5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15 50
D. For qualified for-sale housing development projects with at least 10% of base units affordable to moderate income households, the density bonus shall be calculated as follows:

Table 17.175.050-3 Moderate Income Unit Density Bonus
Percentage Moderate Income Units Percentage Density Bonus 10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
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Table 17.175.050-3 Moderate Income Unit Density Bonus
Percentage Moderate Income Units Percentage Density Bonus 23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
41 38.75
42 42.5
43 46.25
44 50
E. All other qualified housing development projects shall be granted density bonuses consistent with Section 17.175.020 (General Density Bonus Provisions).

F. Increased density bonus.

An increase in density bonus, in addition to any increase described in in Chapter 17.175.050, Sections B through E, above, shall be granted when a qualified housing development project includes rental or for-sale units affordable to very low-income households or moderate income households above the requirements identified in Section 17.175.050, and meets any of the following requirements:

1. Provides 24 percent of the total units to low-income households.

2. Provides 15 percent of the total units to very low-income households.

3. Provides 44 percent of the total units to moderate-income households.

Qualified housing development projects eligible for an increase in density bonus shall be granted an additional increase according to the amount by which the percentage of very low income units or moderate income units exceeds the percentages established in Chapter 17.175.050, Sections B through E. Eligibility under this section shall be calculated using total units.

The additional density bonus for eligible projects shall be calculated using the number of base units, and excluding bonus units, as follows:
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Table 17.175.050-4 Very Low-Income Unit Second Density Bonus Percentage Very Low-Income Units Percentage Density Bonus 5 20
6 23.75
7 27.5
8 31.25
9 35
10 38.75
Table 17.175.050-5 Moderate Income Unit Second Density Bonus Percentage Moderate-Income Units Percentage Density Bonus 5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15 50

17.175.060 Additional Density Bonus through Donation of Land.

A. Criteria for Additional Density Bonus. An applicant for a housing development will be eligible for the additional density bonus described in this section if all of the following conditions are met:

1. The applicant donates and transfers land to the City no later than the date of approval of the final subdivision map or parcel map or residential development application.

2. The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low-income households, in an amount not less than 10% of the total number of residential units in the applicant’s proposed housing development.

3. The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan land use designation, is appropriately zoned for development as affordable housing at the density described in Government Code Section 65583.2(c)(3), and is or will be served by adequate public facilities and infrastructure.
a. The land must have appropriate zoning and development standards to make the development of the affordable units feasible.
b. No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land must have all of the permits and approvals, other than building permits, necessary for the development of the very low 3043
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income housing units on the transferred land, except that the local government may subject the proposed development to subsequent design review, to the extent authorized by California Government Code Section 65583.2(i), if the design is not reviewed by the City prior to the time of transfer.

4. The transferred land and the affordable units will be subject to a deed restriction ensuring continued affordability of the units consistent with Section 17.175.020(F)(1) and (2), which restriction will be recorded on the property at the time of the transfer.

5. The land is transferred to the City or to a housing developer approved by the City. The City may require the applicant to identify and transfer the land to such a housing developer.

6. The transferred land must be within the boundary of the proposed housing development or, if the City agrees, within one-quarter mile of the boundary of the proposed housing development.

7. A proposed source of funding for the very low-income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.

B. Grant of Additional Density. When an applicant for a housing development approval donates land to the City that meets the criteria of subsection A of this section, the applicant will be entitled to an increase above the otherwise maximum allowable residential density under the applicable zoning and the land use designation of the Wildomar General Plan for the entire development, as follows:

Table 17.175.060-1 Additional Density Bonus Through Land Donation Percentage (%) of Very Low Income Percentage (%) Density Bonus 10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34
30 35
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C. Limitations. This increase provided for in this section is in addition to any increase in density mandated by Section 17.175.050(C), up to a maximum combined density increase of 35%, if an applicant seeks increases required pursuant to both this section and Section 17.175.050(C).

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

2. Nothing in this section will be construed to enlarge or diminish the authority of the City to require a developer to donate land as a condition of development.

17.175.070 Additional Density Bonus or Concession or Incentive through Provision of Child Care Facility.

A. Grant of Additional Density or Concessions. When an applicant proposes to construct a housing development that conforms to the requirements of Section 17.175.020(C) and includes a child care facility that will be located on the premises of, as part of, or adjacent to, the housing development, the approval authority must grant one of the following:

1. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility; or

2. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

B. Conditions of Approval. The approval authority will require, as a condition of approving the housing development, that the following occur:

1. The child care facility must remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to Section 17.175.020(F).

2. Of the children who attend the child care facility, the children of very low income households, lower income households, or moderate income households must equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or moderate income households pursuant to Section 17.175.020(C).

C. Adequate Facilities Exception. Notwithstanding any requirement of this section, the Planning Commission or City Council is not required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities.

17.175.080 City’s Discretion in Granting Density Bonus.

Nothing in this chapter will be construed to prohibit the approval authority from granting a density bonus greater than what is described in this chapter for a housing development that meets the requirements of this chapter, or from granting a proportionately lower density bonus than what is required by this chapter for housing developments that do not meet the requirements of this chapter. 3045
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17.175.090 Parking Requirements.

A. Maximum Ratios. Upon the request of the applicant, the City will not require a vehicular parking ratio, inclusive of handicapped and guest parking, of a housing development meeting the criteria of Section 17.175.050 that exceeds the following ratios:

1. Zero to one bedroom: one on-site parking space.

2. Two to three bedrooms: one and one-half on-site parking spaces.

3. Four or more bedrooms: two and one-half parking spaces.

B. Special Situations.

1. If a development includes at least 20% low-income units for housing developments meeting the criteria of Section 17.175.020(C)(1) or at least 11% very low income units for housing developments meeting the criteria of Section 17.175.020(C)(2) is located within one-half mile of a major transit stop, and there is unobstructed access to the major transit stop from the development, then, upon the request of the developer, the City shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds one-half space per unit.

2. If a development consists solely of rental units, exclusive of a manager’s unit or units, with an affordable housing cost to lower income families, then, upon the request of the developer, the City shall not impose vehicular parking standards if the development meets either of the following criteria:
a. The development is located within one-half mile of a major transit stop and there is unobstructed access to the major transit stop from the development. b. The development is a for-rent housing development for individuals who are 62 years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code and the development has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.

3. If a development meets the criteria of Section 17.175.020(C)(7) then, upon the request of the developer, the city shall not impose vehicular parking standards if the development meets any of the following criteria:
a. The development is located within one-half mile of a major transit stop and there is unobstructed access to the major transit stop from the development. b. The development is a for-rent housing development for individuals who are 62 years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code and the development has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day. c. The development is either a special needs housing development, as defined in Section 51312 of the Health and Safety Code, or a supportive housing development, as defined in Section 50675.14 of the Health and Safety Code. Development that is a special needs housing development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day. 3046
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C. Provision of Parking. If the total number of parking spaces required for a housing development is other than a whole number, the number will be rounded up to the next whole number. For purposes of this section, a housing development may provide on-site parking through tandem parking or uncovered parking, but not through on-street parking.

D. Additional Incentives. This section applies to a development that meets the requirements of Section 17.175.050(C), but only at the request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in this section, subject to Section 17.175.030. A request pursuant to this section shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to Section 17.175.030.

17.175.100 Interpretation.

The granting of a density bonus, concession or incentive pursuant to this chapter shall not be interpreted, in and of itself, to require a general plan Amendment, local coastal plan amendment, Zone change, or other discretionary approval.
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Chapter 17.180 Signs

17.180.010 Purpose
The purpose of this Chapter is to promote public health, safety, and welfare through a comprehensive system of reasonable, effective, consistent, content-neutral, and nondiscriminatory sign standards and requirements.

17.180.020 General Sign Standards
Signs shall be consistent with the following standards:

A. Timing. Businesses must display a permanent sign within 30 days of opening.

B. General Plan. Signs shall be consistent with the General Plan.

C. Roof mounts. No sign shall be affixed on or over the roof of any building and no display shall be affixed to the wall of a building so that it projects above the parapet of the building.

D. Display movement. No sign shall move or rotate or display any moving and/or rotating parts. No propellers, flag, or other noise-creating devices, and no architectural embellishments which utilize mechanical or natural forces for motion, shall be permitted. Use of daylight reflective materials or electronic message boards using flashing, intermittent or moving light or lights is prohibited; provided, however, that electronic message boards displaying only time and/or temperature for periods of not less than 30 seconds is permitted.

E. Mobile displays. No person shall place, use, maintain or otherwise allow a mobile vehicle, trailer, or sign not permanently affixed to the ground to be used as a sign. Incidental logos and graphics affixed to a vehicle are not considered signs.

F. Lighting and illumination of displays. A sign may be illuminated unless otherwise specified, provided that the displays are so constructed that no light bulb, tube, filament or similar source of illumination is visible beyond the display face. Displays making use of lights to convey the effect of movement or flashing, intermittent or variable intensity shall not be permitted.

G. Illegal signs. All illegal signs and all abandoned signs shall be removed or brought into conformance with this Title immediately.

H. Sign maintenance and construction.

1. All permanent signs shall be constructed of quality, low-maintenance materials such as metal, concrete, natural stone, glass or acrylics. All temporary signs and banners shall be made of a material designed to maintain and attractive appearance for as long as the sign is displayed;

2. Signs shall be cleaned, updated and/or repaired as necessary to maintain an attractive appearance and to ensure safe operation;

3. All equipment related to the sign operation such as transformers, programmers and other items shall be concealed within the sign structure when possible or painted to match the building.

4. Banner shall be attached flat against the wall or fascia of a building and not hung from poles, awnings, eaves or similar structures. Banners shall be hung with permanent 3048
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attachments, such as bolts or screws, and not be tied to a structure with rope, twine or similar materials. Banners that are faded and/or torn shall be removed or replaced.

17.180.030 Sign standards by type.

No person shall erect an on-site advertising structure or sign in the city in violation of the provisions contained within any specific zoning classification in this Title or in violation of the following provisions:

A. Freestanding freeway signs.

1. Located within 660 feet of the nearest edge of a freeway right-of-way line. a. The maximum height of a freeway identification sign shall not exceed 60 feet; b. The maximum surface area of a freeway identification sign shall not exceed 150 square feet per sign face.

2. Shopping centers. Notwithstanding the provisions of subsection A above, a shopping center may have a freestanding center identification sign as follows:
a. One center identification sign per street frontage is allowed. One additional center identification sign per street frontage may be allowed if approved by the Planning Commission as part of a sign program.
b. The maximum surface area of the center identification sign shall not exceed 100 square feet per sign face.
c. The maximum height of a center identification sign shall not exceed 20 feet. d. Signs for individual businesses within a shopping center are permitted as provided in this chapter and in accordance with any adopted sign program for the center.

3. Number of freestanding signs, other locations.
a. The maximum height of a sign shall not exceed 20 feet; b. The maximum surface area of a sign shall not exceed 100 square feet per sign face. c. Not more than one (1) freestanding sign shall be permitted on a parcel of land, except that if a business has frontage on two or more streets, the business shall be permitted one (1) freestanding sign per street frontage provided that the signs are not located on the same street and are at least 100 feet apart.

B. Window signs.

1. Dimensions.
a. The maximum width shall be 50% of the total width of the window. b. The maximum height shall be 50% of the total height of the window. c. The maximum size shall be 25% of the total area of the window.

2. Maximum one (1) window sign per window.

3. Window signs are only permitted on ground floor windows and expressly prohibited on upper story windows.
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4. Permanent window signs shall be individually painted, etched, or otherwise applied graphics surrounded by clear glass, and shall be painted, applied, or adhered to the interior surface of the glass.

5. Holiday window painting, such as for Christmas and Halloween, shall be permitted and shall be exempt from the window sign limitations. However, such painting shall contain no reference to named goods or services, and shall be removed within 12 days after the applicable holiday.

C. Signs affixed to building, all areas.

1. No sign shall be affixed on, above or over the roof of any building, and no on-site advertising sign shall be affixed to the wall of a building so that it projects above the parapet of the building. For the purposes of this section, a mansard-style roof shall be considered a parapet.

2. The maximum surface area of signs affixed to a building shall be as follows:
a. Front wall of building: surface area of the sign shall not exceed ten (10) percent of the surface area of the front face of the building.
b. Side walls of a building: surface area of the sign shall not exceed ten (10) percent of the surface area of the side face of the building.
c. Rear wall of a building: surface area of the sign shall not exceed five (5) percent of the surface area of the rear face of the building.

D. Subdivision signs. Subdivision signs shall be subject to the following minimum standards:

1. Signs must be within the subdivision boundaries;

2. No sign shall exceed 100 feet in surface area;

3. No sign shall be within 100 feet of any existing residence that is outside of the subdivision boundaries;

4. No more than two such signs shall be permitted for each subdivision;

5. No sign shall be artificially lighted.

E. Electronic Message Signs (board). This sign type is intended to provide for the location of centrally controlled message signs incorporating an illuminated LED panel at public facilities throughout the city for the purpose of providing information to the public. Electronic message board signs shall be subject to the following:

1. Type. Community electronic message signs must be one of the following types:
a. Monument (ground-mounted on a base).
b. Pole (elevated above the ground on a central support). c. Building-mounted (affixed to a building).
d. Standards for each sign type are provided below.

2. Brightness. The electronic message portion of the sign shall comply with all applicable lighting provisions of Chapter 8.64 (Light Pollution) of the Wildomar Municipal Code.

3. Enclosures and supports. Sign enclosures and supports must be designed to be compatible with the architecture of the school or other buildings on the site. 3050
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4. Number and spacing of signs.
a. No more than one sign may be placed on a site (school, park, public facility, etc.), except that two signs may be placed at the high school. b. No specific spacing is required between signs, except that the Planning Commission may impose a spacing requirement based on site-specific circumstances as part of the review of the conditional use permit for an individual sign.

5. Height, size, hours of operation and other standards. Standards for the various types of community electronic message signs are as follows:
a. Monument signs.
i. Maximum height shall not exceed ten feet.
ii. Maximum screen size shall not exceed four feet high by eight feet wide. iii. Sign may be single- or double-sided. Size for a double-sided sign is calculated by measuring one sign face.
b. Pole signs.
i. The maximum height shall not exceed 20 feet. The maximum height to the bottom of the LED panel shall not exceed 12 feet.
ii. The maximum screen size shall not exceed six feet high by 12 feet wide. iii. The sign support must be at least one-third the width of the sign face. c. Building-mounted signs.
i. The sign must be mounted to a vertical surface, such as a building wall or other architectural feature, provided that the top of the sign may not be more than 45 feet above the ground at the base of the wall.
ii. The sign may not project over the top of the wall on which the sign is placed. iii. The LED panel may not exceed eight feet high by 16 feet wide. d. Hours of operation.
i. Signs may be operated between the hours 6:00 a.m. and 10:00 p.m. e. Content.
i. Community electronic message signs may display advertising messages for uses not located on the site.
f. Permitted locations. Signs may be placed at the following locations:
i. Up to nine signs may be placed at public schools.
ii. Up to five (5) signs may be placed at public parks. iii. Public facilities.
iv. City-owned property.
v. Public road right-of-way (except roadway medians).
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vi. Signs at public facilities, city-owned property, and public road right of way may only be installed and operated by the city, or by another entity specifically authorized by the city.
g. Prohibited locations. Community electronic message signs may not be placed in any of the following locations:
i. Private property.
ii. Roadway medians.

F. Electronic Message Signs (changeable). Electronic changeable copy signs and electronic graphic display signs shall be permitted only within the C-G, C-H and I-M zones as a freestanding business identification sign for individual businesses on a single parcel of land, or as a freestanding center/business identification sign for commercial retail shopping centers adjacent to Interstate 15 freeway subject to the development standards outlined in this section.

In addition, these sign types shall be permitted for private schools and non-profit service club organizations located on a single parcel of land in any zone subject to the development standards outlined in this section. A development permit and/or sign program application is required for these electronic message sign types and shall be approved by the Planning Director prior to the issuance of any building/electrical permit by the Building Department.

1. Prohibited Electronic Sign Types. Signs with mechanical moving parts (e.g., multi-vision signs) and signs with video or other types of moving lights or visual images (e.g., video display signs) are prohibited within all Wildomar zoning districts.

2. Exempt Electronic Signs. Time and temperature display signs that are smaller than 12 square feet in size are exempt from these requirements.

3. Development Standards (Individual Businesses on a Single Parcel). The following standards shall apply to all electronic message sign types.
a. A maximum of one electronic message sign is allowed per street frontage and can only be included as part of a freestanding business identification sign. b. An electronic message sign is limited to a maximum sign area of 50 square feet per sign face.
c. No more than 50 percent of the total business identification sign area can be allocated to the electronic message portion of the sign.
d. Business identification sign which include an electronic message sign are limited to a maximum height of 15 feet.
e. The sign shall only be located on the site of the use identified/advertised by the sign. f. When proposed, a monument base for the proposed sign type shall be constructed of materials that are consistent with the materials of the building for the business. The monument base shall be included in the total sign height. g. The electronic message sign shall be located no closer than 100 feet from an abutting residential zone district boundary, and shall not produce any glare into an adjacent residence.
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h. Audio speakers are prohibited in association with any electronic message business identification signs.
i. The provisions in Table 17.180.030-1 (Additional Standards for Electronic Message Signs) shall apply as noted.

4. Development Standards (Commercial Retail Shopping Centers). The following standards shall apply to all electronic message sign types.
a. A maximum of one electronic message sign is allowed for a commercial retail shopping center with a minimum site size of four gross acres.
b. An electronic message sign shall be limited to a maximum sign area of 200 square feet per sign face and shall not exceed 45 feet in height.
c. The electronic message sign shall be located on the site adjacent to and oriented toward Interstate 15 freeway as determined by the Planning Director. d. The electronic message portion of the sign may only display on-site commercial messages and noncommercial messages.
e. The monument base for the proposed sign type shall be constructed of materials that are consistent with the materials approved with the commercial center. The monument base shall be included in the total sign height outlined above. f. Audio speakers are prohibited in association with any electronic message business identification signs.
g. The electronic message sign shall maintain a minimum setback of five feet from the freeway right-of-way and/or street property line.
h. The electronic message portion of the sign shall comply with all applicable lighting provisions of Chapter 8.64 (Light Pollution) of the Wildomar Municipal Code. i. The provisions in Table 17.180.030-1 (Additional Standards for Electronic Message Signs) shall apply as noted.

5. Freeway Oriented Electronic Graphic Display Sign Regulations for Medical Centers. a. Intent. It is the intent of this subsection to establish sign regulations for electronic graphic display freeway signs proposed as a freestanding business identification sign for medical centers to provide business identification and visibility for the Interstate 15 freeway.
b. Applicability. An electronic graphic display freeway sign for medical centers shall be permitted only within the C-G and C-H zones on property adjacent to the Interstate 15 freeway subject to the development standards outlined in this section. c. Medical Centers Defined. Medical centers as defined in this subsection includes hospitals and/or medical office buildings providing health care services in the City of Wildomar.
d. Permit Required. Prior to any permit being issued, a sign package that includes a development permit, architectural elevations, all electrical, lighting and structural design specifications (accompanied by the appropriate processing fee) shall be submitted to the Chief Building Official and Planning Director for review and approval. 3053
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e. Development Standards. The following standards shall apply to electronic graphic display freeway sign types permitted in this section.
i. A maximum of one electronic graphic display sign is allowed for an individual medical center provided the site is five gross acres or larger, and it is located directly adjacent to the Interstate 15 freeway.
ii. The electronic graphic display portion of the freeway sign shall be limited to a maximum sign area of 360 square feet per sign face. An additional sign identifying the name of the medical center shall be allowed provided it does not exceed 35 square feet per sign face and designed separately from graphic display portion. The maximum total height of the sign structure shall not exceed 50 feet. iii. The electronic graphic display sign shall maintain a minimum setback of 15 feet from the site property line/I-15 freeway right-of-way line. iv. The monument base and vertical sign elements for the proposed sign shall be constructed of materials that are consistent with the building materials of the medical center. The monument base shall be included in the total sign height outlined above.
v. The electronic message portion of the sign shall only display on-site commercial messages and noncommercial messages. No off-site business messaging shall be permitted.
vi. Audio speakers are prohibited in association with any electronic graphic display sign business identification signs.
vii. The electronic graphic display freeway sign shall comply with all applicable lighting standards and requirements of Chapter 8.64 (Light Pollution) of the Wildomar Municipal Code.
viii. The provisions in Table 17.180.030-1 (Additional Standards for Electronic Message Signs) shall apply as noted.

Table 17.180.030-1 Additional Standards for Electronic Message Signs Sign Type Description Text
Limit
Minimum
Duration
Brightness (NITs)
Day/Night
Dark Period (Off/On)
Electronic
Changeable
Copy
Text only – no
picture or
movement
(e.g., no
scrolling)
15 words 5 seconds
5,000/200
Dimmer control required
to change to the lower
nighttime brightness
setting upon sunset. A
change to the higher
brightness setting is not
None, provided the LED sign
area is in a "static position"
with a dark background
The "static position" sign
area may contain up to
three lines of text and/or
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Electronic
Graphic
Display
Images and
text (scrolling
of text
permitted)
No limit 5 seconds
permitted until after
sunrise.

As part of the minor
development permit
process, the Planning
Director may approve an
increase in sign
brightness up to a
maximum of 7,500 NITs
during periods of low
sun (e.g., sunset) to
allow sign text and
graphics to be clearly
seen when affected by
direct sunlight.
logos during the hours of
9:30 p.m. to 6:30 a.m., but
the remainder of the
background area shall be
"dark.

Electronic
Graphic
Display –
Medical
Facilities
Not to
exceed
15 lines
of text
8 seconds
G. Temporary signs. Temporary signs are permitted in all zoning classifications subject to the limitations imposed by this chapter. No person shall erect, use or maintain a temporary sign in the City, except in accordance with the following provisions.

1. Standards for all Temporary Signs.
a. No temporary sign shall be artificially lighted.
b. No temporary sign shall be erected, placed, used or maintained within the public road right-of-way, or on a fence/wall (except as allowed in subsection D of this section during an election period, and subsection E of this section).
c. No temporary sign shall be erected, placed, used or maintained upon property without the consent of the owner, lessee, person or entity in lawful possession of the property. d. No temporary sign shall be erected, placed, used or maintained so that it does any of the following:
i. Mars, defaces, disfigures or damages any public building, structure or other property;
ii. Endangers the safety of persons or property;
iii. Obscures the view of any fire hydrant, traffic sign, traffic signal, street sign, or public informational sign;
iv. Blocks motorists' line of vision to areas of vehicular or pedestrian traffic. e. Any temporary sign posted or otherwise affixed to property in violation of this section shall be considered an illegal temporary sign. City employees, representatives or agents shall be authorized to remove and dispose of any illegal temporary sign as follows:
i. Temporary Signs on City Property. Any illegal temporary sign on any public street, right of way, or any City-owned property may be immediately removed by the City.

The City employee or agent removing the sign will immediately attempt to notify the owner of the sign, if such owner can be ascertained.
ii. Temporary Signs on Other Property. Any illegal temporary sign on any other property may be removed by the City if the authorized City employee has the permission of 3055
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the person in lawful possession of the property to do so or is authorized to do so by any court of competent jurisdiction.

2. Retrieval of Removed Signs. Any person desiring to retrieve a sign removed by the City may do so upon the payment of an administrative fine as required in Chapter 1.16 (Code Enforcement). A person desiring to retrieve a sign may appeal this fine by submitting a written appeal to the Building Official within 15 days after the date of removal. The appeal shall be conducted by review of the written appeal by an administrative hearing officer selected by the City Manager or designee. The submission of a written appeal to the Building Official within the 15-day time period shall stay the disposal of the sign upon a decision of the hearing officer granting the appeal or until 10 days after mailing of a decision of the hearing officer denying the appeal. The determination by the administrative hearing officer shall be final.

3. Disposal of Temporary Signs. Any temporary sign removed by the City may be considered abandoned if it is not retrieved within 15 days after the date of such removal and may be disposed of by the City without liability therefor to any person.

4. The procedures, remedies and penalties for violation of this chapter and for recovery of costs related to enforcement are provided for in Chapter 1.16 (Code Violations) of the Wildomar Municipal Code.

5. Every temporary sign which was lawfully in existence prior to the enactment of the ordinance codified in this chapter, and does not conform to this chapter, shall be deemed a nonconforming temporary sign and shall be removed or altered in accordance with this chapter as follows:
a. All temporary signs with a nominal value of $100.00 or less shall be abated or brought into conformance immediately after the effective date of the ordinance codified in this chapter.
b. All temporary signs with a value of more than $100.00 shall be abated or brought into conformance within six months of the effective date of the ordinance codified in this chapter.

6. All temporary signs not in lawful existence prior to the date of enactment of the ordinance codified in this chapter shall be abated or brought into conformance immediately.

7. The following temporary signs are prohibited to be located in the City:
a. Commercial inflatable devices (i.e., balloons, animals, and the like) and feather signs.

Noncommercial temporary inflatable devices are permitted (i.e., holiday inflatable decorations).
b. An off-site temporary sign of any kind.
c. A temporary sign affixed to fences/walls.
d. Any temporary commercial sign located on the roof of a building or dwelling unit residence.
e. Obscene signs, as defined by Miller v. California (1973) 413 U.S. 15 or subsequent case law.

H. Standards for Real Estate Signs.
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1. For lots zoned single-family residential, one sign not exceeding six square feet in surface area (per sign face) and not more than six feet in height.

2. For lots zoned multifamily residential, commercial, industrial and agricultural, one sign on each separate frontage of the lot on the street, each sign not to exceed 32 square feet in surface area (per sign face) and not more than six feet in height. No more than four signs are allowed per development.

3. Riders, not to exceed two square feet in aggregate surface area (per sign face) may be added to the real estate sign to identify the specific agent offering the property for sale, to show that the property is "in escrow" or for an "open house."

4. The sign(s) shall be removed within 10 days of the close of escrow on the property or structure, or portion thereof, being sold, leased or rented.

5. A real estate sign (of any size) located in City limits which is advertising a residential subdivision project outside of the city limits is prohibited. The sign shall be removed within 14 days of notification by the City.

I. Standards for Yard or Garage Sale Signs and Event Signs. Temporary signs that advertise items for sale or events located on the property on which the sale or event will be conducted are permitted in every zoning classification, subject to the following standards:

1. The yard or garage sale or event is in conformance with City ordinances.

2. No sign shall exceed four square feet in surface area.

3. No sign shall exceed four square feet in height.

4. No sign shall be posted more than 15 days before the event or sale, and shall be removed within five days after the event or sale.

5. Only one sign per lot may be displayed at any time and no more than three such signs may be posted on any lot per calendar year.

J. Standards for Temporary Commercial Banners. Temporary banners for individual businesses located in commercial, office and industrial zone districts shall be allowed with approval of the Planning Director and subject to the following standards:

1. A banner may be made of paper, canvas, plastic, cloth or similar material, and must be attached to the building or lease space where the business is located.

2. One banner per business shall be allowed at a time. If a business is located with frontage on two or more streets, one additional banner per street frontage shall be allowed.

3. The maximum sign area for a banner shall not exceed 36 square feet with a maximum vertical height dimension of three feet and shall not extend above the eave line or parapet wall of the building.

4. A banner is allowed to be displayed for a maximum duration of 30 consecutive days on a quarterly basis (beginning on January 1st of each year) provided there is a 60-day down period between display times. In no case shall a banner be displayed more than four times per year for the same business.

5. The banner shall be removed within 24 hours after the end of the 30-day display period. 3057
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6. If a commercial center, office or industrial complex has its own approved sign program (as previously approved by the City of Wildomar), the standards outlined in this section shall not apply.

7. Inflatable devices (i.e., balloons, animals, and the like) and feather signs used as a temporary business identification banner are prohibited.

K. Banners and other signage displays are permitted for a period not to exceed the time limits established in Table 17.180.030-2, allowed temporary on-site sign standards by type. Inflatable signs are prohibited. See specific requirements in the following Table 17.180.030-2, allowed temporary on-site sign standards for standards and additional limitations:

TABLE 17.180.030. 2. ALLOWED TEMPORARY ON-SITE SIGN STANDARDS BY TYPE Sign Type Max. Number
Permitted
Max. Area Max. Height Min.

Setback
from
ROW1
Max.

Permits
per Year
Max. Time
Period
Permit
Required
Residential
On-site subdivision
directional signs
1 per
subdivision
entrance, max.
62 32 sq. ft. 10 ft. 10 ft. N/A Until final
sale3 Yes
On-site subdivision flags 10 poles per
subdivision
15 sq. ft. per
pole 20 ft. 10 ft. N/A Until sale3 Yes
Multifamily dwelling
complexes (e.g.,
apartments)
1 per street
frontage 32 sq. ft.

Roofline, if on
building;
otherwise 10 ft
5 ft. N/A
While units
are available
for rent or
lease
Yes
Sale or lease of existing
residences 1 per parcel 10 sq. ft. 6 ft. 3 ft. N/A Until final sale3 No Commercial
Window signs N/A 25% of
window area N/A N/A N/A 90 days No
Building-mounted
banners for sales,
events, etc.4
1 per building
frontage 32 sq. ft. Roofline N/A 4 30 days No
Sale, rental or lease of
nonresidential real
estate: freestanding
signs
2 per parcel,
must be on site 32 sq. ft. 6 ft. 3 ft. N/A Until final
sale3 No
Sale, rental or lease of
nonresidential real
estate: buildingmounted signs
(including banners)
2 per
establishment 100 sq. ft. Roofline N/A 4 Until final
sale3 No
Notes.
1 Must be located outside of the clear vision triangle. 2 Only allowed Friday to Monday.
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TABLE 17.180.030. 2. ALLOWED TEMPORARY ON-SITE SIGN STANDARDS BY TYPE Sign Type Max. Number
Permitted
Max. Area Max. Height Min.

Setback
from
ROW1
Max.

Permits
per Year
Max. Time
Period
Permit
Required
3 Signs shall be removed within 30 days of close of escrow or lease of final unit. 4 Banner shall be attached flat against the wall or fascia of a building and not hung from poles, awnings, eaves or similar structures. Banners shall be hung with permanent attachments, such as bolts or screws, and not be tied to a structure with rope, twine or similar materials.

Banners that are faded and/or torn shall be removed or replaced.

L. Temporary signs in the public right of way.

1. Temporary signs may be placed in the public right of way during the period beginning 4:00 p.m. Friday and ending 7:00 p.m. Sunday. Signs in place outside this period will be subject to removal.

2. Temporary sign size, materials, and maintenance criteria. All temporary signs placed in the right of way must:
a. Be free-standing and securely mounted on a wooden or metal stakes; b. Be no higher than four feet above grade;
c. Be no larger than six square feet and no more than three feet in either height or width; d. Be constructed of substantial sturdy, durable and weather-proof material; e. Be kept in good repair;
f. Not be illuminated;
g. Include the contact name and phone number of the person responsible for the sign in a clearly legible manner, either on the front or back of the sign; and h. Be located in a permitted location as defined in subsection (H)(3).

3. Sign location. Temporary signs in the public right of way must be located at least 20 feet from the curved portion of the corner in order to maintain visibility for motorists, as shown in the illustration. In addition, the following apply:
a. Signs must be located at least two feet from the edge of a curb or sidewalk, or from the edge of the pavement if there is no curb or sidewalk.
b. Signs shall be installed so as not to damage plant materials, irrigation equipment or other public property.
c. Signs may not be placed on a sidewalk.
d. Signs may not be placed in a roadway median.
e. Signs may not be attached to utility poles, sign posts, fences, walls, or any other structure.
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Figure 17.180.030-1 Permitted Locations for Temporary Signs in the Public Right of Way
M. Political Signs. Temporary noncommercial signs associated with any local, state, regional or national official election shall be permitted in any zoning district subject to the following provisions:

1. No political sign shall be placed earlier than 90 calendar days prior to the election or primary which it addresses, and such signage shall be removed no later than ten calendar days following the date of the election or primary.

2. Political signs shall not be erected on a permanent foundation, or be attached to a sign structure having a permanent foundation. Structures with permanent foundations include buildings, fencing, utility poles, utility boxes, traffic signs and directional signs.

3. Political signs shall not be displayed on city-owned property; however, such signs may be permitted in the right-of-way provided no sign is erected, placed, used or maintained on any publicly owned tree or shrub, or upon the improved portion of any street or highway right-ofway used for traffic or parking, or upon any street divider or median. Political signs shall not be suspended over the right-of-way.

4. No sign shall be placed in a manner that would obstruct visibility of traffic, or which constitutes an immediate peril to persons or property.

5. A political sign shall not exceed 32 square feet in total area for one side. 3060
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6. Contact information shall appear on the face of the sign. At minimum, contact information shall consist of the name of a responsible individual, committee, or the campaign identification number, and a valid telephone number. The font used for contact information shall be not less than one-half inch in height.

7. No political sign shall exceed an overall height of six feet. Signs used for identification of political headquarters shall comply with other provisions of this section.

8. No lot shall contain political signage with a combined aggregate surface area in excess of 80 square feet.

9. Political signs may not be erected, placed, used or maintained upon property without the consent of the owner, lessee, person or entity in lawful possession of the property.

10. Political signs shall not be artificially illuminated.

11. Any political sign that remains posted for more than ten calendar days after the political or primary to which it pertains shall be deemed abandoned. If the development services director or designee finds that any political sign has been posted or is being maintained in violation of the provisions of this section, the owner of the sign shall be given written notice to remove said sign. Said notice shall include a brief statement of the reasons for requiring removal. If the person so notified fails to correct the violation or remove the sign within five days after such notice, the development services director or designee may cause such sign to be removed. If the owner of the sign cannot in good faith be located within a reasonable time, the sign shall be deemed abandoned. The development services director or designee may cause such abandoned signs to be removed summarily and without prior notice. The city may recoup reasonable costs associated with the removal of violating or abandoned political signs.

N. Nonconforming and Abandoned Signs.

1. Except as otherwise provided in this section, any sign lawfully in use on the effective date of this Title or any amendment thereto, shall be considered a legal use and as such may continue to operate and exist, provided:
a. Nonconforming signs shall be kept in good repair and visual appearance. Structural alterations or modifications of any nonconforming sign are prohibited. Structural repair resulting in the same size and shape is permitted subject to the provisions of Title 17.

Change of copy on a nonconforming sign shall be allowed, provided the change does not increase the area of the sign;
b. Whenever any modifications, alterations, or changes occur or are proposed, the sign shall be brought into conformance with the provisions, standards and regulations of this section, requiring issuance of zoning clearance.

2. The City Council, Planning Commission or other designated approving authority, may, as a condition of rezoning, development review or conditional use permit, or other development entitlement, require any nonconforming sign on the applicable property to be removed or altered so as to comply with the provisions of this section. 3061
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3. Sign structures which have no message attached to them for more than 90 days shall be considered abandoned signs and as such may be abated by the city. Adequate notice shall be provided to the property owner prior to any removal. For regulatory purposes, any factors indicating abandonment shall not begin occurring until 90 days after the effective date of the ordinance from which this section is derived.
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Chapter 17.185 Accessory Structures

17.185.010 Purpose
This chapter establishes regulations for the design and location of accessory structures in residential zones to help ensure that such structures are adequately designed and are integrated and compatible with the character of the primary structure on a lot and that of the surrounding properties. Provisions regulating the use of metal shipping containers as accessory storage facilities on residentially designated properties are also included in this chapter.

17.185.020 Applicability
A. Detached Structures. The provisions of this Section apply to roofed structures, including but not limited to garages, carports, sheds, workshops, gazebos, and covered patios which are detached from and accessory to a main building on the site. These provisions also apply to unroofed structures that are over 30 inches in height and are detached from and accessory to a main building on the site.

B. Attached Structures. The provisions of this Section do not apply to accessory structures attached to a main building, which shall comply in all respects with the requirements of Title 17 applicable to the main building.

C. Accessory Dwelling Units. Accessory Dwelling Units, attached or detached, are subject to the standards of Chapter 17.195 (Accessory Dwelling Units)

17.185.030 Relationship to Existing Structures
A detached accessory structure may only be constructed on a lot on which there is a permitted main building to which the accessory structure is related.

17.185.040 Development Standards
A. An accessory structure (not including metal shipping containers, see Section 17.185.070) is permitted in all residential zones subject to the following requirements, which are in addition to any requirements of that residential zone.

B. Where the principal use of a lot is a one-family dwelling, a detached accessory building shall be permitted subject to the following requirements. These requirements are in addition to the development standards of the applicable zone.

1. No detached accessory building shall be within five feet of the front half of an adjacent lot. For the purpose of this development standard a depth of not more than 75 feet shall be deemed to be such front half of such adjacent lot.

2. Where the average slope of the front half of the lot is greater than one foot rise or fall in a seven foot run from the established street elevation at the property line, or where the front half of the lot is more than four feet above or below such established street elevation, a private garage may be built to the street and side lines. 3063
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3. In the case of an interior lot, no detached accessory building shall be erected so as to encroach upon the front half of the lot; provided, however, such detached accessory building need not be more than 75 feet from the street line.

4. In the case of a corner lot abutting upon more than two streets, no detached accessory building shall be nearer any street line than one-fifth of the width or length of the lot.

5. In the case of through lots, no detached accessory building shall encroach upon the required front yard on either street.

6. No detached accessory building shall be closer than 10 feet to the principal building and no closer than 10 feet to any other accessory structure. Eaves or roof overhangs may not extend more than one foot into this 10-foot area from either direction.

C. For lots one acre or smaller,

1. The minimum setback from a side property line shall be five feet and the minimum setback from a rear property line shall be 10 feet. provided, however, that where the applicable zone provides for a greater side or rear yard setback, such greater setback shall apply.

2. Notwithstanding the height limitations of any zone, the height limit on any lot shall be 20 feet.

3. The total size of a detached accessory structure along with the size of the principal/main dwelling shall not exceed 50% of the lot area.

4. A detached accessory structure shall not be greater than one thousand two hundred (1,200) square feet.

D. For lots larger than one acre,

1. The minimum setback from a side property line and from a rear property line shall be 10 feet.; provided, however, that where the applicable zone provides for a greater side or rear yard setback, such greater setback shall apply.

2. Notwithstanding the height limitations of any zone, the height limit on any lot shall be 35 feet.

3. The total size of a detached accessory structure along with the size of the principal/main dwelling shall not exceed 30% of the lot area.

4. A detached accessory structure shall not be greater than two thousand (2,000) square feet.

E. In any residential zone or where a dwelling is the principal use, bare metal buildings (metal buildings without paint or exterior architectural coatings or treatments) shall not be located on a lot one acre or smaller. This prohibition shall not apply to single-story garden sheds, playhouses or similar buildings of 120 square feet or less.

F. Detached accessory structures shall be compatible with the materials and architecture of the main dwelling(s) on the property.

G. Accessory structures may be constructed in conjunction with or subsequent to (but not in advance of) construction of the primary building(s) on the site without approval of the Director. 3064
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17.185.050 Permit Requirements.

In any residential zone where the principal use of a lot is a dwelling, a detached accessory structure is permitted by right (i.e., no development permit required) subject to the development standards of Section 17.185.040.

17.185.060 Exceptions.

The following accessory structures are exempt from Planning Department review but may require building permits in keeping with the California Building Code adopted by the city.

A. All accessory structures that are less than 120 square feet in size with no portion of the structure equal to or greater than six feet in height and that meet the siting requirements of Title

17. B. Water features. A detached structure typically used for decorative or landscape design purposes such as a fountain, water wall, bird bath and similar features that are less than 120 square feet in size with no portion of the feature equal to or greater than six feet in height.

C. Play equipment. Structures and surfaces used for recreational purposes including play structures, tree houses, jungle gyms, and non-illuminated sports courts such as tennis and basketball courts.

D. Deck/patio. A detached porch or platform that is generally constructed with wood, concrete or stone that is above the grade or located over a basement or story below.

E. Pool/spa. Any structure intended for swimming or recreational bathing. Swimming pool includes in-ground and above-ground structures and includes, but is not limited to, hot tubs, spas, portable spas, and non-portable wading pools. Note that these features retain siting criteria from the Building Code.

F. Pool accessories. Any structure for entertainment or relaxation value, including, but not limited to, diving boards, slides, and grottos.

G. Outdoor entertaining features. Structures used for entertainment and outdoor cooking such as built-in barbecues and fire pits.

H. The provisions of this section shall not apply to any detached accessory building for which a building permit was issued prior to the effective date of the ordinance codified in this section.

17.185.070 Metal Shipping Containers
Metal Shipping containers shall conform to the following standards.

A. Metal shipping containers shall not be allowed as a principal use in any residential zone; B. Metal shipping containers shall be allowed in all zones on a temporary basis when utilized during construction or grading operations for the site where located and when utilized solely for the storage of supplies and equipment that are used for construction or grading on that site; C. In industrial zones, placement of metal shipping containers as an accessory use is permitted provided development review has been approved pursuant to the provisions of Chapter 17.85 of 3065
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this Title or the placement has been approved as part of development review or a conditional use permit.

D. In all zones, other than commercial and industrial zones, placement of metal shipping containers is allowed as an accessory use subject to the following development standards:

1. The minimum lot size shall be five acres,

2. No more than one metal shipping container shall be permitted on any parcel,

3. The setback from all property lines shall be a minimum of 50 feet,

4. Placement shall be to the rear of the main building on the rear half of the property,

5. The metal shipping container shall be fully screened by an opaque fence or fast-growing landscaping. Fencing may not be provided by any type of chain link fencing,

6. The metal shipping container shall be painted a neutral color.

E. Containers shall not exceed 50 percent of the floor area of the primary residence onsite, inclusive of all accessory structures.

F. Metal shipping containers shall conform with all health, safety development, and environmental requirements.

G. Metal shipping containers shall not be placed upon a residential lot in a manner which would cause significant impacts to drainages, watercourses, sensitive habitat, or archeological or paleontological resources.

H. Metal shipping containers shall not be stacked vertically. 3066
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Chapter 17.190 Cluster Development Subdivisions

17.190.010 Purpose
The purpose of cluster development subdivision development is to provide:

A. Site planning and unity of design in harmony with the natural features and constraints of specific sites, and particularly on sites with unique or severe topographic or hydrologic features and biological resources.

B. Protection of natural, historic and man-made elements of scenic, environmental or cultural significance.

C. Design innovation.

D. Flexibility of siting of structures and roadways.

E. More cost-effective development due to decreased grading and more efficient servicing of the development with utilities, roads and other essential services.

F. Additional open space for private or community purposes.

G. A preferred planning tool for the development of land within constrained or otherwise lands suitable for preservation.

17.190.020 Authorization
For the purpose set forth earlier in this chapter and to promote natural resource preservation and conservation and to minimize the construction and maintenance costs of community facilities and utilities, all directed toward the objective of fostering land development of good quality and design at reasonable economic cost, the Planning Commission is hereby authorized to review and act upon all cluster development subdivisions in accordance with the following provisions. In all cases, the Planning Commission shall have the full authority of subdivision approval, approval with conditions or denial, as authorized by the Subdivision Map Act (Government Code Sections 66410 – 66499.41) and Title 16 of the Wildomar Municipal Code.

17.190.030 Applicability
This chapter applies to any proposed single-family residential development that would benefit from or achieve one or more of the purposes above. Cluster development subdivisions shall be permitted for a residential development consisting of five or more residential lots.

17.190.040 Development Standards
A. General Standards. Cluster development subdivisions, and adjustments of residential lot standards, shall comply with the following standards:

1. All development shall be located on the more level and unconstrained portions of the site, while steeper and environmentally sensitive areas shall be preserved in a natural state.

B. Lots developed through cluster development subdivisions may be smaller in size than would be allowed by the underlying zone, so long as the following occurs:
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1. The resultant development generally retains the architectural mass, bulk and scale of surrounding/existing development.

2. The resultant development preserves, as much as feasible, other environmentally sensitive areas or habitat on-site.

3. Those homes can be constructed meeting setback requirements without the need for a subsequent variance. Building areas shall be clearly marked on the development plans reviewed by the Commission.

C. Lot Count. The permitted number of dwelling units may not exceed the number which could be permitted, taking into consideration natural and regulatory constraints, if the parcel(s) were subdivided into lots conforming to all the normally applicable requirements of this Title, including the Subdivision Ordinance, and all other applicable laws and standards. The basis for this determination will be a conceptual conventional subdivision map layout for the subject parcel(s), and any other information as may be required by the Planning Commission.

D. Cluster Development Subdivisions. At the written request of the applicant, the Planning Commission may modify the zoning regulations in one-family residence districts with respect to lot area and dimensions provided that:

1. Such modifications result in design and development which promote the most appropriate use of the land, facilitate the adequate and economical provision of streets and utilities, and preserve the natural and scenic qualities of open lands.

E. The permitted number of dwelling units in no case exceeds the number which could be permitted, in the Planning Commission’s judgment, if the entire property were subdivided into lots conforming to all the normally applicable requirements of this chapter, the Subdivision Ordinance, and all other applicable standards.

F. The maximum permitted building height and the minimum permitted floor area requirements shall be the same as those normally applicable to other dwellings in the zoning district in which the property is located.

G. The dwelling units permitted may be detached, semi-detached or attached structures, provided there shall be no more than six dwelling units in any single structure.

H. Open Space Requirements.

1. Cluster development subdivisions shall be designed to save as much of the natural open space as feasible, but in no case shall the open space be less than 25% of the gross site area.

2. Conservation open space ownership and control shall be only by one of the following:
a. As part of an individual, private lot with recorded open space covenants running with the land.
b. By the City of Wildomar, as legally dedicated to and approved by the City Council. c. By the Western Riverside County Resource Conservation Authority. d. By a qualified nonprofit conservation organization as deemed acceptable by the City. 3068
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3. Conservation open space does not include public or private streets, driveways, parking areas, channelized drainage ways and disturbed, unvegetated areas.

I. In addition to compliance with any special standards, requirements and procedures as set forth in this chapter, cluster development subdivisions shall also be subject to review and public hearing by the Planning Commission in accordance with the same procedures as would otherwise be applicable to conventional subdivisions.

J. Upon the filing of the subdivision map in the office of the County Clerk, a copy shall be required to be filed with the City Clerk, who shall make the appropriate notations and references thereto on the official copy of the Zoning Map.

Figure 17.190.040-1 – Cluster Development Example
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ARTICLE 5. STANDARDS RELATED TO SPECIFIC USES
Chapter 17.195 Accessory Dwelling Units

17.195.010 Purpose
The intent of this section is to regulate accessory dwelling units in residential zoning districts consistent with state law. Implementation of this section is intended to expand housing opportunities for low-income and moderate-income or elderly households by increasing the number of rental units available within existing neighborhoods while maintaining the primarily single-family residential character of the area.

17.195.020 Applicability.

Accessory dwelling units (as defined by Government Code Section 66313), including junior accessory dwelling units (as defined by Government Code Sections 66333-66339), shall be a permitted use on all lots in single-family and multifamily residential zones, provided the accessory dwelling unit complies with the development standards of this chapter. Accessory dwelling units shall be constructed in compliance with the City’s single-family and multifamily residential objective design standards and guidelines. Accessory dwelling units may be attached to, or located within a proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or the conversion of an existing accessory structure that is detached from the proposed or existing primary dwelling, (referred to herein as an “attached” accessory dwelling unit) or may be detached from the proposed or existing primary dwelling (referred to herein as a “detached” accessory dwelling unit). Accessory dwelling units must be on the same lot as the proposed or existing primary dwelling.

17.195.030 Permits required for construction.

A. An accessory dwelling unit shall not be constructed without first obtaining a building permit from the Chief Building Official.

B. A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time.

17.195.040 Application.

An application for an accessory dwelling unit permit shall be made in writing to the Chief Building Official on forms provided by the Building Department, and shall be accompanied by a minor or major development permit and filing fee as set forth in Chapter 3.44 (Fees) of the Wildomar Municipal Code. The Chief Building Official shall distribute the application and minor or major development permit to the Planning and Engineering departments for review. The minor or major development permit shall include the following information:

A. Name and address of the applicant and the name and address of the property owner, if different. If a junior accessory dwelling unit is proposed, evidence that the premises upon which the accessory dwelling unit is proposed is owner-occupied shall also be provided. 3070
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B. Assessor’s parcel number of premises upon which the accessory dwelling unit is proposed.

C. Sufficient detail clearly describing the following:

1. Physical dimensions of property;

2. Location and dimensions of all existing and proposed structures;

3. Location and dimensions of all easements, wells, septic tanks, leach lines, existing seepage pits, drainage structures and utilities;

4. Location, dimensions and names of all clear adjacent roads, whether public or private, showing the location of the street centerline and all existing improvements such as sidewalks, curbs, gutters and curb cuts;

5. Setbacks from all property lines;

6. Methods of circulation, including ingress and egress, access, yards, drives, parking areas, landscaping, walls or fences; and

7. Topography of the property.

8. A description of walls, landscaping, architectural treatments and other methods which will be used to ensure that the accessory dwelling unit will be compatible with the neighborhood.

9. A written statement as to whether the accessory dwelling unit shall be used for family members or for rental purposes.

10. Such additional information as required by the Chief Building Official to make an appropriate determination regarding issuance or denial of the application.

17.195.050 Development standards for accessory dwelling units.

Except as provided in Section 17.195.060, accessory dwelling units must comply with the following development standards:

A. An accessory dwelling unit shall only be permitted in residential zones and on a lot with an existing or proposed single-family or multifamily residence, and comply with the following setback standards:

1. A minimum distance of 10 feet shall be maintained between an accessory dwelling unit and any other structure on the lot.

2. The following minimum setbacks shall be met for lots two acres or smaller:
a. The minimum front yard setback shall be 20 feet.
b. The minimum side yard setback shall be four feet.
c. The minimum rear yard setback shall be four feet.
d. The maximum building height shall be 25 feet.

3. The following minimum setbacks shall be met for lots two acres or greater:
a. The minimum front yard setback shall be 20 feet.
b. The minimum side yard setback shall be four feet.
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c. The minimum rear yard setback shall be four feet.
d. The maximum building height shall be 25 feet.

4. An existing garage or other accessory structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit is not subject to these setback requirements. This shall also apply when the existing accessory structure is demolished an accessory dwelling unit is constructed in the same location and to the same dimensions as the demolished structure.

5. An accessory dwelling unit up to 800 square feet may be constructed in the street yard setback if it is determined by the Chief Building Official that an 800 square foot accessory dwelling unit cannot be constructed anywhere else on the property and outside of the fourfoot side and rear setbacks.

B. The size of a detached accessory dwelling unit shall be a maximum of 1,200 square feet in size.

C. Where an attached accessory dwelling unit is proposed for an existing primary dwelling unit, the total floor area of the attached accessory dwelling unit shall not exceed 50% of the existing primary dwelling.

D. An accessory dwelling unit shall comply with the following parking standards regardless of the zone district:

1. One off-street parking space per accessory dwelling unit or per bedroom, whichever is less, shall be provided in addition to any existing off-street parking.

2. The parking space may match the existing parking surface of the principal dwelling unit.

3. Off-street parking shall be provided in front of the accessory dwelling unit which may be in the rear yard setback area and/or through tandem parking, unless parking in these areas is not feasible based upon specific site, topographical or fire safety conditions.

4. If a garage or covered carport is demolished in conjunction with the construction of an accessory dwelling unit, or is converted to an accessory dwelling unit, no replacement offstreet parking is required to be provided for those spaces.

E. The parking standards in subsections (D)(1) through (4) above shall not apply in any of the following instances:

1. The accessory dwelling unit is located within one-half mile of public transit;

2. The accessory dwelling unit is located within a state or locally designated historic district;

3. The accessory dwelling unit is part of the proposed or existing primary residence or an existing accessory structure;

4. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or

5. When there is a “car-share vehicle” located within one block of the accessory dwelling unit.

F. The proposed accessory dwelling unit shall be subject to the City’s development impact fees for single-family residential units if it is 750 square feet or larger. However, development impact fees for accessory dwelling units that are 750 square feet or larger shall be charged proportionately in relation to the square footage of the primary dwelling unit. 3072
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G. Construction of an accessory dwelling unit shall not require that fire sprinklers be installed in any existing primary dwelling.

H. The architectural design of the accessory dwelling unit shall match the design of the primary dwelling unit, including building materials, color and roofing material.

I. The accessory dwelling unit may be rented separately from the primary residence. Except as otherwise provided in Government Code Section 66341, no ADU may be sold or otherwise conveyed separately from the primary residence.

J. The lot on which an accessory dwelling unit is located shall have an existing or proposed onefamily detached dwelling unit on the premises.

K. An attached accessory dwelling unit shall have an independent exterior access separate from the primary dwelling unit, and cannot be accessed from the interior of the primary dwelling unit.

L. A detached accessory dwelling unit may be located in front of the primary dwelling unit if it is compatible with the neighborhood, provided it maintains a minimum front setback of 20 feet, and only where the placement of the accessory dwelling unit at the rear or side portion of the lot would be impractical due to the location of the of the primary dwelling unit or topography of the site.

M. Any accessory dwelling unit placed more than 150 feet from a public right-of-way shall be required to provide “all-weather access” for emergency vehicles as required by the Riverside County Fire Department.

N. An accessory dwelling unit shall comply with the health requirements for water and sewerage as required by the appropriate agency. An applicant shall also be required to provide verification from the appropriate water and sewerage district that their requirements have been complied with prior to the issuance of building permits.

O. An applicant for an accessory dwelling unit shall be required to provide a will-serve letter from the applicable water agency stating that the appropriate water and sewerage availability and capacity exists for the unit.
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Figure 17.195.050-1 Detached Accessory Dwelling Unit
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Figure 17.195.050-2 Accessory Dwelling Unit – Attached to an Accessory Structure
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Figure 17.195.050-3 Accessory Dwelling Unit Above Detached Garage

17.195.060 Supplemental development standards for junior accessory dwelling units.

Junior accessory dwelling units must comply with the following standards in addition to the standards in Section 17.195.050. To the extent there is any conflict between the standards in Section 17.195.050 and the standards in this section, this section shall take precedence.

A. One junior accessory dwelling unit may be permitted per lot not to exceed 500 square feet in size. The lot must be zoned for single-family residences and a single-family residence must exist or be proposed for the lot.

B. A lot with a junior accessory dwelling unit must be owner-occupied. The owner may live in either the junior accessory dwelling unit or the primary residence. This requirement shall not apply if the owner is another governmental agency, a land trust, or a housing corporation.

C. A deed restriction that runs with the land must be recorded and a copy filed with the City that includes a prohibition on the sale of the junior accessory dwelling unit separate from the sale of the primary residence, that this prohibition may be enforced against future purchasers, and that restricts the size of the junior accessory dwelling unit to no more than 500 square feet. 3076
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D. A junior accessory dwelling unit must be constructed within the walls of a proposed or existing single-family residence.

E. A junior accessory dwelling unit must have an independent exterior access separate from the main entrance to the proposed or existing primary dwelling unit and cannot be accessed from the interior of the primary dwelling unit.

F. A junior accessory dwelling unit shall include an efficiency kitchen that includes cooking facilities with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

G. The provision of additional off-street parking is not required for a junior accessory dwelling unit.

17.195.070 Ministerial approval.

The City shall ministerially approve an application for a building permit for an accessory dwelling unit that meets any of the following criteria outlined below without requiring an accessory dwelling unit permit or applying the standards contained in Section 17.195.040.

A. One accessory dwelling unit or junior accessory dwelling unit per lot that is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or existing accessory structure if the following standards are met:

1. For units proposed with an existing dwelling or accessory structure, there is no expansion of the physical dimensions of the existing structure, except that an expansion of up to 150 square feet may be included solely for the purpose of accommodating ingress and egress.

2. The accessory dwelling unit has independent exterior access.

3. The side and rear setbacks are sufficient for fire and safety.

4. For junior accessory dwelling units, it complies with the requirements of Section 17.195.050.

B. One detached new construction accessory dwelling unit per lot with a proposed or existing single-family dwelling if the following standards are met:

1. The side and rear setbacks are at least four feet.

2. The total square footage of the accessory dwelling unit is no more than 800 square feet.

3. The height of the unit is no more than 16 feet if the primary dwelling is less than 16 feet high.

4. The unit on a lot within one-half mile of a major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code Section 21155, may be up to 18 feet high. An additional two feet in height shall also be allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

5. The unit shall not exceed the height limitation that applies to the primary dwelling unit or 25 feet, whichever is lower. This clause shall not be construed to permit an attached accessory dwelling unit to exceed two stories.

6. The existing or proposed single-family dwelling on the lot may contain a junior accessory dwelling unit that complies with subsection A of this section, but it may not contain an accessory dwelling unit that does not qualify as a junior accessory dwelling unit. 3077
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C. Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings, provided that the total number of accessory dwelling units permitted by this subsection does not exceed 25% of the existing multifamily dwelling units.

D. Two detached accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, provided that the units are no higher than 16 feet and meet a four-foot rear and side yard setback.

17.195.080 Prohibited areas.

An accessory dwelling unit shall not be permitted in those areas of the City which have significant problems with regard to water availability or water quality, sewage disposal or other public health or safety concerns. The prohibited areas include, but are not limited to, those areas where a development moratorium has been imposed, including a moratorium for water or sewer, whether imposed by the City or another public agency with the authority to impose a development moratorium.

17.195.090 Notice of decision.

A. Upon acceptance of an accessory dwelling unit application for a lot where there is an existing or proposed single-family or multifamily dwelling, the Chief Building Official shall review, approve an application, and issue a building permit for an accessory dwelling unit within 60 days after receiving a complete application provided all applicable requirements of this chapter have been met.

B. The Chief Building Official may deny the application for an accessory dwelling unit at the end of 60 days if the applicant has not met the requirements of this chapter. If the Chief Building Official denies an application for an accessory dwelling unit permit the Chief Building Official shall provide a full set of comments to the applicant with a list of deficiencies and a description of how they can be remedied.

C. An application for an accessory dwelling unit permit and/or a building permit for an accessory dwelling unit where there is no existing single-family dwelling shall be approved or denied concurrently with the permit application to create the new single-family dwelling.

17.195.100 Exception.

Pursuant to the authority provided by Section 65852.21(f) of the Government Code, notwithstanding any other provision in this chapter, no accessory dwelling unit or junior accessory dwelling unit shall be permitted on any lot in a single-family zoning district if: (1) an urban lot split has been approved for the lot pursuant to Chapter 16.72 (Urban Lot Splits) herein. 3078
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Chapter 17.200 Special Housing Types

17.200.010 Purpose
The purpose of this chapter is to establish development and/or operational standards for special housing types allowed in the City of Wildomar. The purpose and intent of the allowance for such special housing types is also established.

17.200.020 Transitional and Supportive Housing
A. Supportive and Transitional Housing. Pursuant to California Government Code Section 65583(c)(3), transitional and supportive housing constitute a residential use and are subject only to those restrictions that apply to other residential uses of the same type in the same zoning district.

1. Supportive Housing, up to 50 Units. Pursuant to California Government Code Section 65651, supportive housing development with up to 50 supportive housing units shall be permitted by right in all zoning Districts where multi-family and mixed-use residential development are permitted provided the development satisfies all of the following requirements:
a. All supportive housing units within the development are subject to a recorded affordability restriction for 55 years.
b. One hundred (100%) percent of the units, excluding managers' units, within the development are dedicated to lower income households and are receiving public funding to ensure affordability of the housing to lower income Californians. For purposes of this paragraph, “lower income households” has the same meaning as defined in Section 50079.5 of the Health and Safety Code. c. At least 25 percent of the units in the development or 12 units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population.

If the development consists of fewer than 12 units, then 100 percent of the units, excluding managers' units, in the development shall be restricted to residents in supportive housing.
d. The developer shall provide the information required by California Government Code Section 65652 to the Planning Department.
e. Nonresidential floor area shall be used for onsite supportive services in the following amounts:
i. For a development with 20 or fewer total units, at least 90 square feet shall be provided for onsite supportive services.
ii. For a development with more than 20 units, at least 3 percent of the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens. 3079
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f. The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in paragraph (3) of subdivision (c) of Section 65915.
g. Units within the development, excluding managers' units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.
h. Notwithstanding any other provision of this Section to the contrary, the local government shall, at the request of the project owner, reduce the number of residents required to live in supportive housing if the project-based rental assistance or operating subsidy for a supportive housing project is terminated through no fault of the project owner, but only if all of the following conditions have been met:
i. The owner demonstrates that it has made good faith efforts to find other sources of financial support.
ii. Any change in the number of supportive service units is restricted to the minimum necessary to maintain a project’s financial feasibility. iii. Any change to the occupancy of the supportive housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of any supportive housing units.

17.200.030 Emergency Shelters
All emergency shelters shall meet the following locational and operational standards.

A. No emergency shelter shall be located within 250 feet of any other emergency shelter.

B. An emergency shelter shall not exceed 40 residents, excluding staff.

C. Any single resident's stay shall not exceed six (6) consecutive months.

D. Emergency shelters shall provide one parking space for every staff member and one parking space for every 10 temporary residents, but may not require more parking for emergency shelters than other residential or commercial uses within the same zone.

E. An emergency shelter must adequately comply with the following management standards:

F. There shall be space inside the building so that prospective and current residents are not required to wait on sidewalks or any other public rights-of-way.

G. Security shall be provided on site during hours of operation.

H. On-site management shall be provided by at least one emergency shelter staff member at all times while residents are present at the shelter.

I. Emergency shelter lighting shall be consistent with the City of Wildomar's adopted building code and light pollution ordinance.
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17.200.040 Employee Housing (for Farmworkers)
A. Six or Fewer Employees. Employee housing providing accommodations for six or fewer employees shall be deemed to be a single-unit structure with a residential land use and shall be treated the same as a single unit dwelling of the same type in the same zoning district.

B. Districts Where Agriculture Uses Are Allowed. The permitted occupancy in employee housing in a zone allowing agricultural uses shall include agricultural employees who do not work on the property where the employee housing is located, and may consist of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household on land zoned for agricultural uses. Such employee housing shall be considered to be an activity that in no way differs from an agricultural use.
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Chapter 17.205 Licensed Residential Care Facilities

17.205.010 Purpose
The purpose of this chapter is to implement the applicable state regulations in a manner that allows for the establishment of residential care facilities while preserving the character of the zone in which the uses are located.

17.205.020 Development standards.

The following standards of development shall apply to a Large Licensed Residential Care Facility.

A. Development Standards. Unless otherwise indicated below, the Large Residential Care Facility must conform to the development standards for the zoning classification in which it is located.

B. Accessory Dwelling Units. The Large Licensed Residential Care Facility shall not be located in an Accessory Dwelling Unit unless the primary dwelling unit is used for the same purpose.

C. Kitchens. The Large Licensed Residential Care Facility must provide either (i) congregate dining facilities or (ii) kitchens in individual units.

D. Landscaping. The Large Licensed Residential Care Facility shall provide minimum landscaped areas in accordance with Chapter 17.170.

E. Signs. The Large Licensed Residential Care Facility shall comply with the provisions of Chapter

17.180 (Signs).

F. Lighting. The Large Licensed Residential Care Facility shall comply with the provisions of Chapter 17.170 (Light Pollution Standards). Security night lighting must be shielded so that the light source cannot be seen from adjacent residential properties.

G. Parking. The number of required automobile storage spaces shall be determined in accordance with Chapter 17.155 (Parking and Loading) at the time of the approval of the project; however, notwithstanding any provision of this Title to the contrary, a 20% reduction in the total number of required vehicle parking spaces for residential purposes may be allowed if appropriate, and an additional five percent reduction may be allowed if the applicant proposes alternative senior citizen transportation programs; however, in no case shall the reduction of parking spaces exceed 25% of the total spaces required by Chapter 17.155 (Parking and Loading). Public street parking and tandem parking shall not be counted in this requirement. All required parking spaces shall be located entirely within the development, accessible to the units which they serve, and no parking space shall be located more than 150 feet from the unit it is designed to serve. Parking requirements for other facilities within the development shall be subject to the provisions of Chapter 17.155 (Parking and Loading) and may not be reduced. Not less than 10% of the required parking spaces shall be designed and designated for use by the handicapped; provided, however, that there shall be at least one designed and designated handicapped parking space provided for each handicapped resident. Handicapped parking spaces shall be distributed evenly throughout the parking areas.

H. Common Areas and Open Space. The Large Licensed Residential Care Facilities shall include at least 350 square feet of indoor or outdoor common areas or open space, plus 5 square feet per 3082
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resident. The common area(s) or open space shall be furnished. Appropriate furnishings for indoor spaces include, but are not limited to, such items as lounge chairs, couches, tables with chairs, writing desks, and televisions. Outdoor furnishings include but are not limited to such items as outdoor benches, tables with chairs, barbeques, and shade coverings like arbors, patio covers, garden shelters or trellises. A central dining room shall be provided. The size of the room shall be sufficient to accommodate all of the residents. The minimum room size shall be the product of the proposed maximum number of residents in the facility multiplied by five square feet per resident; however, in no instance shall the central dining room be less than 350 square feet.

I. Management. The Large Licensed Residential Care Facilities shall have either (i) a manager who resides on-site or (ii) a number of persons acting as a manager who are either present at the facility on a 24-hour basis or who will be available twenty-four (24) hours a day, seven (7) days a week to physically respond within forty-five (45) minutes notice and who are responsible for the day-to-day operation of the facility. The provisions of this section shall be superseded by any management requirements imposed on the Large Licensed Residential Care Facilities pursuant to state law.

J. Security. A designated area for on-site personnel shall be located at the main entrance to the facility for the purpose of controlling admittance to the facility and providing security.

Emergency contact information shall be posted on the exterior of the facility adjacent to the main entrance, as well as on the interior in a location accessible to all residents.

K. Personal Storage. Each resident of the Large Licensed Residential Care Facility shall be provided with at least one (1) private storage area or private closet, with a lock or other security mechanism, in which to store their personal belongings.

L. Public Transit Access. A public transit turnout shall be included within the project’s design.

M. A Large Licensed Residential Care Facility that also qualifies as Supportive Housing or Transitional Housing shall be subject only to those restrictions and development standards that apply to other residential dwellings of the same type (e.g., single-family or multifamily) in the same zone. Notwithstanding the previous sentence, if the facility qualifies as “supportive housing” as defined in Government Code Section 65650 (which has a different definition of “target population” than the definition in Article 6 of this Title), then the facility shall be a use by right in all zones where multifamily and mixed uses are permitted and shall be processed as required by Government Code Sections 65650, et seq.

17.205.030 Application Procedures
An application for any Large Licensed Residential Care Facility shall be processed as follows:

A. Application requirements. The application for a Large Licensed Residential Care Facility shall be submitted and processed in accordance with the requirements for residential developments in the zone in which the Large Licensed Residential Care Facility is proposed, and with the requirements outlined in Chapter 17.80 (Conditional Use Permits). In addition, the application for a Large Licensed Residential Care Facility shall include the following:

1. Applicant Information. The name and address of the applicant, including the name and address of the lessee, if the property is to be leased by someone other than the 3083
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applicant; and the name and address of the owner of the property for which the Conditional Use Permit is requested. If the applicant and/or lessee or owner is a partnership, corporation, firm, or association, then the applicant/lessee shall provide the additional names and addresses as follows and such persons shall also sign the application: (i) every general partners of the partnership; (ii) every owner with a controlling interest in the corporation; or (iii) the person designated by the officers of the corporation as set forth in a resolution of the corporation that is to be designated as the permit holder for the Use Permit.

B. Owner Authorization. If the operator of the Large Licensed Residential Care Facility is not the legal owner of the property, the operator shall provide written documentation evidencing the owner’s authorization and approval to operate the Large Licensed Residential Care Facility at the property.

C. Parcel Information. The zoning and general plan designations and assessor's parcel number(s) of the site on which the Large Licensed Residential Care Facility is proposed.

D. Project Description. A narrative project description of the Large Licensed Residential Care Facility that summarizes the proposed use and its purpose.

E. Plan; Building Diagram and Floor Plan. A preliminary site plan, drawn to scale, showing the facility’s building footprint and property lines as well a diagram intended to show (i) all building(s) to be occupied, including a floor plan for all rooms intended for residents’ use indicating the number of residents per bedroom, the location and number of beds for all residents, and (ii) on-site parking, including designations of staff and visitor parking.

F. Facility Users. The projected number and types of users of the facility, including but not limited to, residents, staff, clients, visitors, and students.

G. Transportation and Parking. Expected parking demand and vehicular use and the availability of and proximity to public transportation or other means to transport facility users.

H. Management Plan. A comprehensive Management Plan, which shall include, at a minimum, the following:

1. Detailed information on property management policies and operations, including information regarding maintenance and repairs;

2. An explanation of how the Large Licensed Residential Care Facility, intends to meet the requirements of 17.205.020 (I);

3. An explanation of how the Large Licensed Residential Care Facility, intends to meet the requirements of 7.205.020 (J);

4. A copy of the Large Licensed Residential Care Facility’s written resident intake procedures, including rental procedures and rates;

5. A copy of the Large Licensed Residential Care Facility’s written termination and eviction procedures;

6. A copy of the Large Licensed Residential Care Facility’s resident and guest rules; and

7. If applicable, the Large Licensed Residential Care Facility’s plan for disposing of medical waste or other bio-waste.
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I. Licensing. Proof of all required licensing from the California Department of Social Services, the California Department of Health and Human Services, the California Department of Health Care Services, or other applicable regulatory agency, along with a license and permit history of the applicant(s), including whether such applicant(s), in previously operating a similar use in this or another city, county or state under license and/or permit, has had such license and/or permit revoked or suspended, and the reason therefore.

J. Similar Facilities. A list of addresses of all other licensed facilities for which a Conditional Use Permit is requested in the State of California owned or operated by the applicant(s) within the past five (5) years and whether such facilities have been found by state or local authorities to be operating in violation of state or local law.

K. Project Review. The Planning Commission shall review an application for the Large Licensed Residential Care Facility and shall approve, conditionally approve, or disapprove of the application for the Large Licensed Residential Care Facility. The decision of the Planning Commission shall be final unless appealed to the City Council within the timeframes set forth in Section 17.125.110 (Appeals).

L. Findings and Decision. The Planning Commission shall only approve an application for a Large Licensed Residential Care Facility if the Planning Commission makes all of the findings required pursuant to Chapter 17.80 (Conditional Use Permits) and conforms with all provisions of this Chapter.

M. Design Review. The Large Licensed Residential Care Facility shall require design review approval, pursuant to the city’s single family residential design guidelines prior to issuance of a building permit.
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Chapter 17.210 Mobile Home Parks

17.210.010 Purpose
The California Legislature has declared that there is a need to eliminate the distinction between mobilehome development and conventional forms of residential land use. The purpose of this chapter is to establish standards for the development of mobilehome parks, in accordance with Government Code Section 65852.7 and the Mobilehome Parks Act (Health and Safety Code Section 18200 et seq.).

17.210.020 Permit Required
Mobilehome parks and subdivisions shall be subject to approval of a Major Development Review application (refer to Chapter 17.85) as designated in Article 2, Tables of Allowed Land Uses and Approval Requirements.

17.210.030 Development Standards
The following shall apply to all mobilehome parks.

A. Minimum Site Area. The minimum site that may be developed for a mobilehome park shall be 5 gross acres.

B. Mobilehome Park Access. Vehicular access to a mobilehome park shall be provided from a collector/rural collector street or larger.

C. Mobilehome Lot Access. Vehicular access to all mobilehome lots shall be from internal mobile home park streets.

D. Minimum Mobilehome Space. The minimum size of each space shall be 2,500 square feet.

Each space shall have a minimum width of 30 feet.

E. Recreation. On-site recreation shall be provided at a ratio of not less than 150 square feet per dwelling unit.

F. Perimeter Setbacks. All mobilehome subdivisions and mobilehome parks shall provide a setback along all adjoining boundary streets equal to the minimum setbacks of the applicable zone, but in no case less than 20 feet along an adjoining street nor less than 15 feet to side and rear setback along all non-street boundaries of the development.

G. Perimeter Wall. A 6-foot decorative masonry wall shall be erected along all perimeter property lines, except that the wall shall be erected not less than 10 feet from the property line along the street side of the parcel, or the required front yard setback line of the applicable zone district, whichever is greater.

H. Opaque Skirt. The area between the ground level and floor level of the unit shall be screened by an opaque skirt.

I. Automobile Storage. Automobile storage shall be provided as required by Chapter 17.155 (Parking and Loading).

J. Signs. Signs shall be permitted in accordance with the standards of Chapter 17.180 for a multifamily complex. 3086
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K. Modified Standards. The improvement and setback requirements contained in this section may be modified or eliminated when the approving authority finds that due to topographical conditions or property ownership patterns these requirements are impractical and will not serve to protect the present or future welfare of the public. 3087
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Chapter 17.215 [RESERVED]
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Chapter 17.220 Performance Standards for RV Storage in Commercial and Residential Zones
A. Setbacks. A minimum 25-foot street/front landscape setback buffer area shall be provided along the entire street frontage to enhance the streetscape aesthetics. Only landscaping (i.e., trees, turf, drought tolerant shrubs, etc.) is permitted within this setback buffer area. The 25- foot setback is measured from the ultimate street R-O-W line.

B. Lot Coverage. All RV and boat storage proposals must designate at least 20% of the front portion of the site to RV and boat sales, or other commercial retail uses. This area may be used for display of the vehicles provided the vehicles are placed behind the 25-foot street/front landscape setback buffer area note above. The 15% standard shall not apply to RV and boat storage proposals located in residential Zoning districts.

1. The area designated for RV and boat storage shall occupy no more than 80% of the project site and be located behind the sales/commercial retail area.

C. Building Materials.

1. All RV storage spaces shall include covered carports/canopies designed to blend in with the proposed buildings on the project site.

2. All commercial structures/office buildings proposed shall be consistent with the city’s commercial design standards and guidelines booklet.

D. Walls and Fences.

1. The boundary line between the RV/boat storage area and RV sales/commercial retail area shall include a 6’ – 8’ foot “green wall” to visually screen the storage area from public view.

2. A decorative block wall (i.e., split-face, slumpstone, or similar) shall be required along the side and rear property lines of the area designated for RV and boat storage to visually screen the storage uses from adjacent residential or commercial zoned properties.

3. In addition, a five-foot (5’) wide landscape planter strip shall be required along the interior side and rear property line of the area designated for RV and boat storage to visually screen the storage uses from adjacent residential or commercial zoned properties.

E. Surface Materials.

1. The RV/boat storage area shall be made of pervious concrete or standard concrete paving for all drive aisles throughout the project site.

2. The RV/boat storage parking stalls shall be made of 5” - 6” pervious asphalt base over 6” sub-base layer to aid in percolation.

3. RV sales area paving system must be pervious concrete or standard concrete paving (higher quality product).

4. If security fencing is permitted provided it is located at the rear of the 10-foot landscape buffer noted above. In addition, security fencing shall comply with Section 17.150.050 of the Wildomar Municipal Code.
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Chapter 17.225 Animal Keeping

17.225.010 Purpose
The purpose of this chapter is to provide reasonable standards for the keeping and raising of animals to avoid and minimize adverse impacts on adjacent properties and preserves the city’s quality and character. This chapter will allow for keeping of animals in limited numbers with reasonable controls and safeguards to protect the character of the community.

17.225.020 Applicability
A. The requirements contained in this chapter shall apply to all animal keeping in the City of Wildomar including domestic and farm animals, kennels, catteries, horse stables, boarding and riding academies.

B. Any legally established nonconforming animal keeping use that became nonconforming upon adoption of this ordinance shall be permitted to continue subject to Chapter 17.20 (Legal Nonconforming Structures and Uses).

C. Animals may be kept on legally established lots of record that are less than the minimum lot size reference in Table 17.205.030-1 (Animal Keeping Standards) subject to compliance with setback regulations of the underlying zoning district and subject to approval by the Community Development Director.

17.225.030 Keeping of Animals – Non-Commercial
Animal keeping uses allowed in Article 2 (Zoning Districts and Allowable Land Uses) shall comply with the standards listed in Table 17.205.030-1 (Animal Keeping Standards) and with all other standards and requirements of this section and with all other applicable ordinances and regulations.

Table 17.205.030 - 1 Animal Keeping Standards
Types of Animals Parcel Size Max Number
of Animals
Setbacks and Standards
Aquaculture 20,000+ sq ft
1 fish per 250
gallons of tank/
pool/pond
Fish must be kept in a tank/pool/pond that is no
closer than 30 feet from the front property line, 15
feet from any side or rear property line and no
closer than 35 feet of any dwelling unit other than
the dwelling unit on the subject lot.

Hogs
.5 to 1 acre 2 Hogs shall be kept in an enclosed area located not less than 20 feet from any property line and
not less than 50 feet from any residence and shall
be maintained on the rear portion of the lot in
conjunction with a residential use.
1+ acres 5
Miniature Pigs
<20,000 sq ft 1 Miniature pigs must be kept in an enclosure that is no closer than 30 feet from the front property
line, 15 feet from any side or rear property line and
no closer than 35 feet of any dwelling unit other
than the dwelling unit on the subject lot.
10,890 -
19,999 sq feet 2
20,000+ sq ft 5
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Table 17.205.030 - 1 Animal Keeping Standards
Types of Animals Parcel Size Max Number
of Animals
Setbacks and Standards
Equids (horses,
donkeys, mules,
etc.)
5 per/acre Equids must be kept not less than 100 feet from any street and 20 feet from any property line.

Ruminants (cattle,
bison, deer,
antelopes, goats,
sheep, etc.)
5 per/acre
Ruminants shall not be kept not less than 100 feet
from any street, 20 feet from any property line,
and 50 feet from any residence.

Camelids (alpacas,
llamas, camels,
etc.)
5 per/acre
Camelids shall not be kept not less than 100 feet
from any street, 20 feet from any property line,
and 50 feet from any residence.

Crowing Fowl
(chickens, peafowl,
roosters, turkeys,
peacocks, guinea
fowl, etc.)
Under 10,000
sq ft
4 crowing fowl
(females only) The crowing fowl shall be kept in an enclosed area located not less than 10 feet from any property
line and 20 feet from any dwelling unit (primary or
accessory) and shall be maintained on the rear
portion of the lot in conjunction with a residential
use.
10,000 –
19,999 sq ft
6 crowing fowl
(females only)
20,000 -
39,999 sq ft
12 crowing fowl
(females only)
40,000+ sq ft 50 females and
10 males
Waterfowl (ducks,
geese, swans, etc.),
Gamebirds (quail,
partridges), and
other Wildfowl
20,000 -
39,999 sq ft 4 fowl The fowl shall be kept in an enclosed area located not less than 20 feet from any property line and
not less than 50 feet from any residence and shall
be maintained on the rear portion of the lot in
conjunction with a residential use.
40,000+ sq ft 50 fowl
Other Domestic
Fowl (doves,
parrots, budgies,
etc.)
10,000+ sq ft 50 fowl
Any enclosed aviary shall be kept not less than 20
feet from any property line and not less than 50
feet from any residence and shall be maintained
on the rear portion of the lot in conjunction with a
residential use. n/a 12 fowl
Ratites (Ostriches,
kiwis, rheas, emus,
cassowaries, etc.)
20,000+ sq ft
3 ratites per
20,000 sq feet,
maximum of 6
ratites permitted
Ratites must be kept not less than 100 feet from
any street and 20 feet from any property line.

Small Animals
(Rabbits,
chinchillas, guinea
pigs, fish, frogs, and
other small
animals)
n/a n/a n/a

17.225.040 Keeping of Animals – Commercial
A. Kennels, with the exception of 1-4 dogs may be for commercial purposes, including for the raising of guard dogs, care animals, rescue animals, and breeding and boarding. 3091
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B. The following classes of kennels are allowed in the following zones pursuant to Table

17.205.040-1, Kennel Classes and Allowed Zoning pursuant to the following development standards:

Table 17.205.040-1 Kennel Classes and Allowed Zoning
Classof Kennels Maximum Number
of Animals per Site
Zones Allowed Minimum Lot Size for
Keeping Such Animals
No Kennel
(non-commercial) 1–4 dogs All zones --
Class I Kennel 5–10 dogs
R-R, R-A, R-1, R-3, R-T 1 acre (gross)
M-I No minimum lot size
Class II Kennel/
Cattery
11–25 dogs
10–25 cats
R-R, R-A, R-T 1 acre (gross)
M-I No minimum lot size
Class III Kennel/
Cattery
26–40 dogs
26–40 cats
R-R 1 acre (gross)
M-I No minimum lot size
Class IV Kennel/
Cattery
41 or moredogs or
cats
R-R 1 acre (gross)
M-I No minimum lot size

17.225.050 Development and Operational Standards
A. Class I kennels, such kennels may be placed upon parcels containing detached single-family dwelling units.

B. Class II kennels and all catteries shall include a single-family dwelling to be used by a live-in caretaker, as required by the City standards for kennels and catteries.

C. Multifamily dwelling units and attached single-family dwelling units shall not be permitted in conjunction with kennels or catteries; provided, however, that a guest dwelling or accessory dwelling unit shall be permitted in accordance with current City zoning regulations.

D. The applicant shall obtain and continuously maintain all necessary licenses from the Health Department.

17.225.060 Applications.

Every application for a kennel or cattery shall be made in writing to the Community Development Director on forms provided by the Planning Department and shall be accompanied by the filing fee set forth in Chapter 3.44.

17.225.070 Animal Grazing
The grazing of cattle, horses, sheep, goats or other farm stock or animals (excludes hogs) shall comply with the following standards:

A. Includes the supplementary feeding thereof, not to exceed five (5) animals per acre of all the land available; provided however, the systematic rotation of animals with more than five animals per acre is permitted so long as the total number of permitted animals is not exceeded. 3092
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1. For the grazing of sheep or goats, the permissible number of animals per acre may be multiplied by three.

2. There shall be no limit to the permissible number of goats or sheep which may be grazed per acre when the grazing is for the purpose of cleaning up unharvested crops or weed abatement, provided that such grazing is not conducted for more than four weeks in any sixmonth period.

3. The provisions of this subdivision apply to mature breeding stock, maintenance stock and similar farm stock, and shall not apply to the offspring thereof, if such offspring are being kept, fed or maintained solely for sale, marketing or slaughtering at the earliest practical age of maturity.

4. In all cases the permissible number of animals per acre shall be computed upon the basis of the nearest equivalent ratio.

5. Permitted on agricultural, open space and residential lots or parcels, including vacant lots without a house, over 20,000 square feet in area and 100 feet in width, provided they are kept, fed and maintained not less than 50 feet from any residence existing at the time such use is established. Two such animals may be kept on each 20,000 square feet up to one acre and two such animals for each additional acre.

17.225.080 Animal Maturity.

Whenever any section of this Title requires a determination as to the maturity of animals, the following periods of time shall be used to establish the age of maturity:

Classification Age of Maturity
Birds and poultry 6 months
Cattle 18 months
Crowing fowl 2 months
Goats 9 months
Horses 24 months
Pigs 8 months
Sheep 9 months
Other small farm animals 6 months

17.225.090 Residential Beekeeping
The raising, breeding, and maintenance of domestic honeybees (apis mellifera species) in residential zones shall comply with the following standards:

A. Residential beekeeping shall mean the keeping or maintenance of bees as an accessory use.

1. Any beekeepers in a residential zone shall obtain a residential beekeeping permit from the community development department.

2. Each residential lot shall have no more than four bee boxes.

3. Bee boxes shall not exceed six feet in height.
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4. Bee boxes must be continuously occupied by bees under the control of the permit holder.

5. Hives shall be located on the property in the following manner:
a. Bee boxes shall be located in the rear yard.
b. Bee boxes location shall be secured from unauthorized access. c. Bee boxes shall be screened so that they cannot be seen from an adjacent public street.

6. It is declared a public nuisance to keep bees in a manner that through action or inaction allows for any of the following conditions to occur:
a. Bees exhibit defensive or objectionable behavior, or interfere with the normal use of neighboring properties.
b. Bees swarm and are not contained or relocated by the owner of the bees as quickly as possible, but no more than three days.
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Chapter 17.230 Farmers Markets

17.230.010 Purpose
The following provisions are intended to ensure that farmers' markets complement adjacent land uses and do not have negative impacts on nearby properties.

17.230.020 Development standards.

A. The market must be located within the buildable portion of the lot on which it is to be located.

B. All farmers' markets and their vendors shall comply with all federal, state, and local laws and regulations relating to the operation, use, and enjoyment of the market premises.

C. All farmers' markets and their vendors shall receive all required operating and health permits, and these permits (or copies) shall be in the possession of the farmers' market manager or the vendor, as applicable, on the site of the farmers' market during all hours of operation.

D. All farmers' markets shall have an established set of operating rules addressing the governance structure of the farmers' market, hours of operation, maintenance, and security requirements and responsibilities; and appointment of a market manager.

E. All farmers' markets shall have a market manager authorized to direct the operations of all vendors participating in the market on the site of the market during all hours of operation.

F. All farmers' markets shall provide for composting, recycling, and waste removal in accordance with all applicable city, health department and other outside agency codes and regulations. 3095
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Chapter 17.235 Alcoholic Beverage Sales

17.235.010 Purpose
The following provisions provide minimum development standards for alcoholic beverage sales in the City. These standards are designed to provide for the appropriate development of alcoholic beverage sales and to protect the health, safety and welfare of City residents by furthering awareness of laws relative to drinking.

17.235.020 Development standards
A. A conditional use permit shall be required for on-site consumption for bars, nightclubs, and cocktail lounges. Alcohol sales for off-site consumption do not require a conditional use permit.

B. Such facilities shall not be situated in such a manner that vehicle traffic from the facility may reasonably be believed to be a potential hazard to the public.

C. The Community Development Director may require that a notice of public hearing be given, in a manner the Director deems necessary or desirable, to other persons or public entities within a maximum radius of 600 feet.

D. The following additional development standards shall apply to the concurrent sale of motor vehicle fuels and beer and wine for off-premises consumption:

1. Only beer, wine, cider, hard seltzers, or other fermented alcoholic beverages may be sold.

2. The owner of each location and the management at each location shall provide health warnings about the consumption of alcoholic beverages. This educational requirement may be met by posting prominent signs, decals or brochures at points of purchase. In addition, the owner and management shall provide adequate training for all employees at the location as to these matters.

3. No displays of beer, wine or other alcoholic beverages shall be located within five feet of any building entrance or checkout counter.

4. Cold beer or wine shall be sold from, or displayed in, the main, permanently affixed electrical coolers only.

5. No beer, wine or other alcoholic beverages advertising shall be located on gasoline islands; and no lighted advertising for beer, wine, or other alcoholic beverages shall be located on the exterior of buildings or within window areas.

6. Employees selling beer and wine between the hours of 10:00 p.m. and 2:00 a.m. shall be at least 21 years of age.

7. No sale of alcoholic beverages shall be made from a drive-in window.

17.235.030 Additional Development Requirements.

Additional development standards may be required as conditions of approval. 3096
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Chapter 17.240 Cannabis

17.240.010 Purpose.

A. The purpose of this chapter is to regulate cannabis business land uses, as permitted by the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Section 26200 of the California Business and Professions Code), in a manner designed to minimize negative impacts on the City and neighboring uses, and promote the health, safety, morals, and general welfare of residents and businesses within the City.

B. This chapter is further adopted and established pursuant to the specific authority granted to Wildomar in Section 7 of Article XI of the California Constitution and Section 26200 of the California Business and Professions Code. This chapter shall govern all cannabis businesses within the jurisdiction of Wildomar.

17.240.020 Relationship to other laws.

A. In the event of any conflict between the provisions of this chapter and the provisions of Medicinal and Adult-Use Cannabis Regulation and Safety Act or any other applicable State or local law, the more restrictive provision shall control.

B. Except as expressly stated herein, cannabis businesses must comply with all other City codes and regulations. Nothing in this chapter shall be construed as permitting a cannabis business to operate at any time in a manner that is in violation of all other applicable State and local laws.

17.240.030 Conditional use permit and development agreement required.

A. A. No person may operate a cannabis business of any type in the City unless the following are complied with:

1. The business is located in a zoning district where a cannabis businesses of that type are conditionally permitted, and a conditional use permit has been approved by the Planning Commission and City Council for the operation of a cannabis business of that type for the property; and

2. The business owner has entered into a development agreement with the City approved by the Planning Commission and City Council for the operation of the cannabis business that is; and

3. The business owner has valid State and local licenses to operate a cannabis business within the City.

B. Chapter 17.200 of this Code shall govern and apply to conditional use permits for cannabis businesses applied for or obtained pursuant to this chapter unless this chapter expressly states otherwise. All requirements contained in this chapter shall be in addition to the applicable requirements of Chapter 17.200.
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C. Each cannabis business shall enter into a development agreement pursuant to Government Code Section 65864 et seq., with the City setting forth the terms and conditions under which the cannabis business will operate that are in addition to the requirements of this chapter and Chapter 5.76, including, but not limited to, public outreach and education, community service, payment of fees and other charges, and such other terms and conditions that will protect and promote the public health, safety, and welfare. The execution and recordation of the development agreement shall be a condition of approval for the conditional use permit for the cannabis business. The Planning Commission shall make a recommendation to the City Council on whether to approve a development agreement submitted to it by City staff. The City Council shall make a final decision on whether to approve a development agreement recommended to the City Council by the Planning Commission.

D. The Planning Director is authorized to make policies and procedures consistent with the intent and spirit of this chapter concerning the applications, the application process, the information required of applicants, the application procedures and the administration and procedures to be used and followed in the application and hearing process for cannabis business conditional use permits and development agreements.

17.240.040 Conditional use permit application.

A. All applications for a conditional use permit shall be filed with the Planning Director on the official form supplied by the City and shall be accompanied by the application fee established by resolution of the City Council, as may be amended from time to time.

B. An application for a conditional use permit shall include, but shall not be limited to, the following information:

1. Proof that the applicant has received a local license for the proposed premises, and the local license is in good standing, or a statement that the applicant is applying for a local license for the proposed premises concurrently with the conditional use permit application.

2. Confirmation that the proposed premises is not currently permitted by the State or County for the production of non-cannabis infused food products.

3. The address of the proposed cannabis business.

4. A site plan and floor plan of the cannabis business denoting all the use of areas of the cannabis business, including storage, employee areas, exterior lighting, restrooms, security cameras, areas of ingress and egress, signage, limited access areas, and restricted access areas, if included.

5. Plans and specifications for the interior of the proposed premises if the building to be occupied is in existence at the time of the application. If the building is not in existence or alteration to the building is required at the time of the application, the applicant shall file a plot plan and a detailed sketch for the interior and shall further submit an architect's drawing of the building to be constructed.

6. The name and address of the person that owns the real property upon which the cannabis business is to be operated. In the event the applicant does not legally own the property, the application must be accompanied by a notarized acknowledgement from the person that owns the property that a cannabis business will be operated on his or her property. 3098
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7. A description of the design of the proposed premises evidencing that the design conforms to applicable City laws.

8. For a Cultivation Site or Manufacturing Site.
a. An environmental plan indicating how cultivation and/or manufacturing will be conducted in accordance with State and local laws related to hazardous material disposal, land conversion, grading, electricity usage, water usage, and agricultural discharges.
b. An emergency response plan which complies with Title 8 of this Code and California Fire Code Section 401 and sets out standard operating procedures to be followed by all individuals in case of a fire, chemical release, chemical spill, or other emergency. c. A description of the source of power (electric utility company, solar, diesel generators), the size of the electrical service or system, and the total demand to be placed on the system by all proposed uses on site.
d. For a cultivation site, verification of all water sources used by the proposed premises and verification that the proposed premises does not utilize water that has been or is illegally diverted from any stream, creek, or river.
e. For a manufacturing site, a report from a professional engineer that details the type of equipment that will be used to extract cannabinoids from cannabis. If flammable gas, flammable liquefied gas, flammable and combustible liquids, or compressed carbon dioxide (CO2) are used for extraction, then the report must certify that only closed-loop extraction system(s), that are UL or ETL listed or have a sign off by a professional engineer, capable of recovering the solvent are utilized. f. For a manufacturing site, a separate diagram of any room where extraction occurs that details the location of the extraction equipment, areas of ingress and egress, emergency eyewash station, any other fire suppression or emergency equipment required by Title 8 of this Code, City and the California Building Codes, Fire Code, Electrical Code and all other applicable laws.

9. A statement in writing by the applicant that he or she certifies under penalty of perjury that all the information contained in the application is true and correct.

10. Authorization for the Planning Director to seek verification of the information contained within the application.

11. Any such additional and further information as is deemed necessary by the Planning Director to administer this section or this chapter.

C. The Planning Director and appropriate City staff shall review, verify and investigate all information on the application and prepare a report for the Planning Commission incorporating the findings of such investigation and verification, including, but not limited to, the suitability of the proposed location, and the applicant's compliance with the requirements of this chapter, Chapter 5.76 and Chapter 17.200.
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17.240.050 Findings for approval of conditional use permit.

A. The Planning Commission shall not hold a public hearing on or approve any application for a conditional use permit to operate a cannabis business unless the applicant holds a local license in good standing in accordance with Chapter 5.76 (Commercial Cannabis Licensing) of this Code.

B. In addition to the findings set forth in Section 17.80.050 of this Code, a conditional use permit for a cannabis business shall only be granted subject to the following additional findings:

1. The cannabis business as well as all operations as conducted therein, fully comply with all conditionally permitted, and all of the applicable locational restrictions in Section

17.240.070 are satisfied.

C. The Planning Commission may deny an application for a conditional use permit if it determines that one or more of the findings required by Section 17.80.050 of this Code or subsection B of this section cannot be made.

D. Based on the information set forth in the application and City staff's report and testimony presented at the public hearing, the Planning Commission may impose reasonable terms and conditions on the proposed cannabis business in addition to those specified in and required to be included in every conditional use permit granted under this chapter.

17.240.060 Locational requirements.

A conditional use permit for a cannabis business shall not be approved unless the proposed cannabis business will be located in a zoning district in which cannabis businesses of the type proposed are conditionally permitted. In addition, a conditional use permit shall not be approved for a cannabis business unless all of the following locational requirements applicable to the type of cannabis business proposed are satisfied:

A. No cannabis business shall be located within 600 feet of a public or private school providing instruction in kindergarten or grades 1 through 12, a day care center (excluding small and large family day cares), a park or a youth center. In addition, no cannabis business shall be located within 100 feet of a residential use.

B. All distances specified in this section shall be measured in a straight line, without regard to intervening structures or topography, from the nearest point of the building or structure in which the cannabis business is, or will be located, to the nearest property line of the parcel where such use is located. If the cannabis business is, or will be located, in a multi-unit building, the distances shall be measured from the nearest point of the suite in which the cannabis business is or will be located.

17.240.070 Conditions of approval.

A. All Cannabis Businesses. Every conditional use permit for a cannabis business shall be subject to the following conditions of approval.

1. The premises must be equipped with an odor absorbing ventilation and exhaust system so that odor generated inside the cannabis business that is distinctive to its operation is not 3100
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detected outside the cannabis business, anywhere on adjacent property or public rights-ofway, on or about any exterior or interior common area walkways, hallways, breeze-ways, foyers, lobby areas, or any other areas available for common use by tenants or the visiting public, or within any other unit located within the same building as the cannabis business.

As such, cannabis businesses must install and maintain the following equipment or any other equipment which local licensing authority determines has the same or better effectiveness:
a. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; or
b. An air system that creates negative air pressure between the cannabis businesses' interior and exterior so that the odors generated inside the cannabis business are not detectable outside the cannabis business.

2. The applicant or its legal representative shall:
a. Indemnify and hold the City harmless from any and all claims, damages, legal or enforcement actions, including, but not limited to, any actions or claims associated with violation of Federal law associated with the operation of the cannabis business; defend, at its sole expense, any action against the City, its agents, officers, and employees related to the approval of a conditional use permit or the operation of the cannabis business; reimburse the City for any court costs and attorney fees that the City may be required to pay as a result of any legal challenge (or Federal enforcement action) related to the City's approval of a conditional use. b. Maintain insurance in the amounts and of the types that are acceptable to the City pursuant to guidelines and policies set forth by the local licensing authority and name the City as an additionally insured on all City-required insurance policies.