LEGAL NONCONFORMING STRUCTURES AND USES
Prior History: Former Ch. 17.20 R-R-O Rural Residential, Outdoor Advertising Zone, compiled of RCC Ch. 17.20; Ord. 18 § 2, 2008; repealed by Ord. 247, 1/15/2025. § 17.16.010. 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 nonconforming use whenever the nonconforming use ceases for a period of at least one year.
(Ord. 247, 1/15/2025)
§ 17.16.020. 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.
(Ord. 247, 1/15/2025)
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City of Wildomar, CA
§ 17.30.020 WILDOMAR CODE § 17.30.020
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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 (noncommercial)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
fertilizerstorage, not
including processing
C C C
Pen fed cattle
operations
C C C
Residential Uses
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§ 17.30.020 DEVELOPMENT CODE § 17.30.020
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Additional
Requirements
Accessory buildings P P P
Accessory dwelling
unit
P P P Chapter 17.195
Agricultural/
Farmworker housing
P P P
Dwelling,singlefamilyP 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
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 schoolsfor
preschool day care
and childcare
C C C
Picnic and
campgrounds
— P P
Public parks and
playgrounds
P CP CP
Recreational vehicle
parks
— C C
Religious institution P P P
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§ 17.30.020 WILDOMAR CODE § 17.30.020
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Additional
Requirements
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
Barbershops 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
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Additional
Requirements
Feed and grain sales — C C
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
Petshops 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
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§ 17.30.020 WILDOMAR CODE § 17.30.030
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Additional
Requirements
Refreshmentstand,
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 boatstorage
(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 on-site
vineyard
P P P
E. Overlay Zones. Allowable uses are subject to any provisions applicable to overlay zones established by Chapter 17.25.
(Ord. 247, 1/15/2025; Ord. 253, 9/10/2025)
§ 17.30.030. Development standards.
The development standards listed below are the minimum standards for development within the respective zones.
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§ 17.35.020 WILDOMAR CODE § 17.35.020
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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
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§ 17.35.020 DEVELOPMENT CODE § 17.35.020
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Additional
Requirements
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 —P —P —P —P
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 —
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§ 17.35.020 WILDOMAR CODE § 17.35.030
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Additional
Requirements
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 boatstorage
areas as part of
an approved
mobilehome
park
— — — — C
E. Overlay Zones. Allowable uses are subject to any provisions applicable to overlay zones established by Chapter 17.25.
(Ord. 247, 1/15/2025; Ord. 253, 9/10/2025)
§ 17.35.030. Development standards.
The development standards listed below are the minimum standards for development within the respective zones.
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§ 17.36.020 DEVELOPMENT CODE § 17.36.020
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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
wine1
— — — — Note applies
Bicycle sales and
rentals
P P P P
Boat and other
marine sales, rentals
and services
C P P P
Car washes, of any
kind1
— — — — Note applies
Golf cartsales and
service
P P P P
Fuel station1 — — — — Note applies
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 storage1
— — — — Note applies
Chapter 17.220
and Section
17.155.070
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Additional
Requirements
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
similarservices not
including massage)
P P P P
Game arcades
(including Internet
gaming)
P P P P
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
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Additional
Requirements
Sports and
recreational facilities
(indoor)
P P P P
Sports and
recreational facilities
(outdoor)
C C C C
Vendor Fair/OpenAir Market EventP 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
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§ 17.36.020 WILDOMAR CODE § 17.36.020
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Additional
Requirements
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
Refreshmentstands,
temporary
P P P P Chapter 17.105
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 and
offices, 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
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Additional
Requirements
Appliance stores,
household
P P P P
Artsupply shops and
studios
P P P P
Book stores, not
including adult 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 fuel1
— — — — Note applies
Convenience stores,
not including the sale
of motor vehicle fuel
C C C C Chapter 17.221
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 artsupply
shops
P P P P
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
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Additional
Requirements
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
adultporn 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 petsupply
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 —C —C —C
Tobacco retailing
businesses, hookah
lounges and vapor
lounges
C C C C
Toy shops, excluding
pornadult shops
P P P P
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Additional
Requirements
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
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
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§ 17.36.020 WILDOMAR CODE § 17.36.020
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Additional
Requirements
Equipment sale and
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
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
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Additional
Requirements
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
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§ 17.45.020 WILDOMAR CODE § 17.45.020
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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 drivethrough facilities)P P
Emergency shelters P — Section 17.200.030
Equipmentsales, 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 and Section
6.16.050
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§ 17.45.020 DEVELOPMENT CODE § 17.45.020
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Allowed Use M-I M-C Additional Requirements
Mobilehome sales lots C —
Nurseries and garden
supply stores
P —
Office equipmentsales and
service
P —
Offices, professionalsales
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 —
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
— — 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 —
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Allowed Use M-I M-C Additional Requirements
Furniture products and
fixturesincluding 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 —
Wineries, distilleries and
breweries, including
microbreweries and similar
P —
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Allowed Use M-I M-C Additional Requirements
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 moversstorage
yard
P —
Cold storage facilities C —
Cold storage plant P —
Contractor storage yards P —
Industrial warehousing and
distribution (not to exceed
50,000 sf)
C —
Mini-warehouse/storage
facilities
C — Chapter 17.255
Petroleum and bulk fuel
storage
C —
AUTOMOTIVE
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Allowed Use M-I M-C Additional Requirements
Automobile service
stations, with or without
concurrentsale of beer and
wine for off-premises
consumption1
C — Note applies
Body and fendershops,
and spray painting
C —
Car and truck washes C —
Draying, freighting and
trucking operations
C —
Gasoline and dieselservice
stations, not including the
concurrent sale of beer and
wine for off-premises
consumption1
— — Note applies
Motorcycles, bicycles and
parts manufacture
P —
Parking lots and parking
structures
P P Chapter 17.155
Recreational vehicle and
travel trailer
manufacturing (with onsite sales)
P —
Recreational vehicle and C
travel trailer manufacturing
(without on-site sales)
Recreational vehicle,
travel trailer, and boat
storage within an enclosed
building
C — Chapter 17.220 and
Section 17.155.070
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 —
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Allowed Use M-I M-C Additional Requirements
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 —
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§ 17.45.020 WILDOMAR CODE § 17.45.020
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Allowed Use M-I M-C Additional Requirements
Printing and publishing of
newspapers, periodicals,
books, forms, cards, and
similar items
P —
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 —
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Allowed Use M-I M-C Additional Requirements
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 ordinance
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 —
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 —
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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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§ 17.60.010 DEVELOPMENT CODE § 17.60.020
Downloaded from https://ecode360.com/WI5035 on 2026-03-21 Article III
EntitlementsLand Use Permits And Procedures
CHAPTER 17.60
GENERAL PLAN AND SPECIFIC PLANS
Prior History: Former Ch. 17.60 R-4 Planned Residential Zone, compiled of RCC Ch. 17.60; Ord. 18 § 2, 2008; Ord. 87 §§ 16, 17, 2014; Ord. 99 § 3, 2015; Ord. 189 § 13, 2020; repealed by Ord. 247, 1/15/2025.
§ 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 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 feed back 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.
C.B. 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. (Ord. 247, 1/15/2025)
§ 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 570
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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 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. (Ord. 247, 1/15/2025)
§ 17.60.030. Findings.
A Planning Commission resolution recommending approval to the City Council of a General Plan Amendment shall include the follosingfollowing findings, based on substantial evidence:
A. , tThat new conditions or circumstances disclosed during the review process justify modifying the General Plan;
B. , tThat the changesmodifications are in the public interest (Government Code Section 65358(a));
C. , That the change does not conflict with the overall City of Wildomar vision;, and D. Tthat the changesit would not create an internal inconsistency among the elements of the General Plan.
The foregoing requirement for findingsshall not apply to any amendment to the City of Wildomar vision.
(Ord. 247, 1/15/2025)
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(Ord. 247, 1/15/2025)
§ 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.
(Ord. 247, 1/15/2025)
§ 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:
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§ 17.60.060 DEVELOPMENT CODE § 17.60.070
Downloaded from https://ecode360.com/WI5035 on 2026-03-21 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 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.
(Ord. 247, 1/15/2025)
§ 17.60.070. Reports on conformity with the General Plan.
A. The Community DevelopmentPlanning 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 Community DevelopmentPlanning 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;
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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.
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 Community DevelopmentPlanning 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. (Ord. 247, 1/15/2025)
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§ 17.76.010 DEVELOPMENT CODE § 17.76.050
Downloaded from https://ecode360.com/WI5035 on 2026-03-21 CHAPTER 17.76
CONDITIONAL USE PERMITS
Prior History: Former Ch. 17.80 C-R Rural Commercial Zone, compiled of RCC Ch. 17.84; Ord. 18 § 2, 2008; Ord. 190 § 6, 2020; repealed by Ord. 247, 1/15/2025. § 17.76.010. 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. (Ord. 247, 1/15/2025)
§ 17.76.020. 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 applyeffect. (Ord. 247, 1/15/2025)
§ 17.76.030. Application.
Applications for a conditional use permit shall be made in writing to the Community Development Director on the forms provided by the Planning Divisionepartment and shall be accompanied by the filing fee as set forth in Chapter 3.44 (Fees). (Ord. 247, 1/15/2025)
§ 17.76.040. Public notice and hearing.
The Planning Commission shall be the appropriate hearing body for and shall have the authority to approve, conditionally approve, or deny 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. (Ord. 247, 1/15/2025)
§ 17.76.050. Required use permit fFindings for Decision.
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;
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Downloaded from https://ecode360.com/WI5035 on 2026-03-21 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 design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity; E. The site is physically suitable in terms of design, location, shape, size, and operating characteristics offor the proposed use and for the provision of public and emergency vehicle access, public protection services, and utilities;
D.F. 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.
(Ord. 247, 1/15/2025)
§ 17.76.060. Conditions of approval.
In approving or conditionally approving a use permit, the City may impose reasonable conditions or restrictions necessary to ensureachieve compliance with the findings found inrequired by this chapter, protect the public health, safety, and welfare, and mitigate project impactsthe following outcomes. The City may also require reasonable guarantees and evidence that such conditions are being, or will be, complied with. All cConditions of approval imposed on uses/projects by the Planning Commission shallmay also 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.A. Achieve the findings for a use permit listed in Section 17.80.050 (Required Use Permit Findings)Ensure regulated uses operate as intended by this Title or approved under the use permit; or
B. Mitigate any potentially significant impacts identified because of environmental review conducted in compliance with the California Environmental Quality Act.
D. Conditions may include operational restrictions, performance standards, time limitations, ongoing monitoring requirements, and other measures reasonably related to the approved use and its impacts.
§ 17.76.070. Periodic Review.
The Cityreviewing autohrity may conduct a periodic review of the permit to ensure proper compliance with this Development Code and any developmental or operational conditions imposed by the review authority. § 17.76.080. Permit to run with land.
A use permit approved in compliance with the provisions of this Chapter, including Section 17.76.090, shall continue to be valid on the land for which it was approved upon a change of ownership of the business, parcel, service, structure, or use that was the subject of the permit application in the same area, configuration, and manner as it was originally approved in compliance with this Chapter. Use permits are not transferable to other lands within Wildomar. Establishment of the same use on a different property requires a new use permit application. § 17.76.090. Existing conditional use.
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§ 17.76.050 WILDOMAR CODE § 17.76.060
Downloaded from https://ecode360.com/WI5035 on 2026-03-21 A conditional use legally established prior to the effective date of this Development Code or prior to the effective date of subsequent amendments to the applicable regulations or zone boundaries, shall be allowed to continue; provided that it is operated and maintained in compliance with the conditions prescribed at the time of its establishment, if any.
§ 17.76.075. Modification, suspension, or revocation.
A. The review authority may modify, suspend, or revoke a conditional use permit following notice and a public hearing conducted in accordance with this title upon making one or more of the following findings:
1. The permit was obtained by fraud or misrepresentation;
2. The use is being conducted contrary to the approved plans, the terms or conditions of approval, or this title;
3. The use is being conducted in violation of any applicable law or regulation;
4. The use has caused or is causing adverse effects on the public health, safety, or welfare, or is detrimental to surrounding properties or improvements; or
5. The use has ceased for a continuous period specified elsewhere in this title, if applicable.
B. In modifying, suspending, or revoking a conditional use permit, the review authority may impose additional or revised conditions reasonably related to mitigating impacts of the use or ensuring compliance with this title.
C. The remedies provided in this section are cumulative and do not limit any other enforcement authority or remedy available to the City under this code or applicable law. (Ord. 247, 1/15/2025)
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§ 17.85.010 DEVELOPMENT CODE § 17.85.020
Downloaded from https://ecode360.com/WI5035 on 2026-03-21 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.
(Ord. 247, 1/15/2025)
§ 17.85.020. Major dDevelopment 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 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 dDevelopment review shall be granted only when the following findings have been made in writing:
1. The proposed use development is consistent with the General Plan and any applicable specific plan.
2. The proposed developmentuse 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;
3. The proposed developmentuse 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 developmentuse 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.
(Ord. 247, 1/15/2025)
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§ 17.90.010 DEVELOPMENT CODE § 17.90.020
Downloaded from https://ecode360.com/WI5035 on 2026-03-21 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.
(Ord. 247, 1/15/2025)
§ 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.
6.7. Other similar structures as determined by the Community Development Director.
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 nonresidential buildings or structures;
4. Residential aAccessory 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.
6.7. Other similar structures as determined by the Community Development Director.
C. Approving Authority. Refer to Table 17.-125.110-1, Designated Authority for Approval.
C.D. The Community Development Director has the discretion to determine that a request requires a minor development permit and can be processed ministeriallyadministratively as deemed appropriate.
D.E. The Community Development Director has the discretion to determine that the a request 580
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E.F. Procedure for Application Processing. The procedures for application processing shall be as provided in Chapter 17.125 (Common Application Processing Procedures). 581
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Downloaded from https://ecode360.com/WI5035 on 2026-03-21 F.G. 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.
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.
(Ord. 247, 1/15/2025)
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§ 17.95.010 DEVELOPMENT CODE § 17.95.030
Downloaded from https://ecode360.com/WI5035 on 2026-03-21 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.
(Ord. 247, 1/15/2025)
§ 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 housingrelated 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.
(Ord. 247, 1/15/2025)
§ 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.
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Downloaded from https://ecode360.com/WI5035 on 2026-03-21 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 required by Section 17.95.030(A), Application, together for concurrent review with the application for discretionary approval. (Ord. 247, 1/15/2025)
§ 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.
(Ord. 247, 1/15/2025)
§ 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.
(Ord. 247, 1/15/2025)
§ 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;
B. Whether the request for reasonable accommodation is necessary to make specific housing available to an individual considered disabled under the acts; C. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the City;
D. 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. (Ord. 247, 1/15/2025)
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Downloaded from https://ecode360.com/WI5035 on 2026-03-21 § 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. (Ord. 247, 1/15/2025)
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§ 17.105.010 DEVELOPMENT CODE § 17.105.030
Downloaded from https://ecode360.com/WI5035 on 2026-03-21 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.
(Ord. 247, 1/15/2025)
§ 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), or temporary event permit (TEP) under a TUP for events, from the Community Development Director prior to establishment of the use or commencement of the event. The Community Development Director may impose conditions on the approval of a temporary use or event permit necessary to protect the public health, safety, and welfare and ensure compliance with this Title. Temporary events must substantially comply with the standards outlined in Section 17.105.040 of this chapter. (Ord. 247, 1/15/2025)
§ 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 Office and Yards—On-Site. Office and Yyards 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-ofway that are approved by the City or as otherwise required by the Wildomar Municipal Code, or temporary uses established by the City of Wildomar, or contractors on the city’s behalf, on private property or property owned by the city.
3.4. Non-recurring 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. Exempt markets may be single events or markets that do not exceed twelve (12) events per calendar year between the hours of 8:00 a.m. to 10:00 p.m.
B. Temporary Use Permit Required. The following temporary uses and activities may be allowed, subject to the issuance of a temporary use permit. An complete application for a 586
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Downloaded from https://ecode360.com/WI5035 on 2026-03-21 temporary use shall be submitted to the Community DevelopmentPlanning 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. The following temporary uses require a TUP:
1. Construction Office and Sstorage. An offsite temporary construction office or storage used during the construction of a main building or buildings on the same site as part of a development project within the City of Wildomar, provided a valid building permit has been issued for the development project.
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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 sale of homes. In addition, conditions of approval regulating the hours of operation, landscaping, or other aspects as deemed necessary reasonably necessary to protect the public health, safety, and welfare 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 nonresidential 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 nonagricultural 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 twelvesix 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
5. p.m.(Friday through Saturday). Any event exceeding twelvesix times per calendar year shall require approval of a conditional use permit by the Planning Commission. A new temporary use permit will be required every calendar year.
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 weekly and 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 mobilehomes, 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 588
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Downloaded from https://ecode360.com/WI5035 on 2026-03-21 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 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 considerrequire 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.
c. The Community Development Director may require a parking analysis based on existing site conditions as part of the substantial conformance review. d. 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.
e. The parking lot dining area shall not encroach into any drive aisles or fire lane. f. 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. g. 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 twelvesix 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 twelvesix 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 may determine whether the proposed use is similar in nature and operational characteristics to a listed use(s) and mayshall establish reasonable conditions and operational limitations applicable to the proposed use. the term and make necessary findings and
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11. The Community Development Director may grant extensions of times forto any temporary use or temporary event , including temporary events, if the approvedproject use has not substantially changed and the extension would use will not be detrimental to the health, safety and public welfare, or as allowed by the conditions of approval.
C. Findings for Temporary Uses. The Community Development Director shall deny the temporary use permit if all required findings cannot be made: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 or conditionally approving a temporary use permit, the Director may impose reasonable such applicable conditions necessary to ensure the protection of the public health, safety, and general welfare and ensure compliance with this title. 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.
2. 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.
3. Appropriate performance guarantees/security may be required before initiation of the use to ensure proper cleanup after the use is finished.
4. Other reasonable conditions of approval deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by this chapter above, including conditions establishingof approval identifying the duration fot eh permit and life of the permit and any authorized available extensions.
4.5. Bond and Insurance. The Community Development Director may require an applicant for a TUP to post a bond, or to otherwise financially security to ensure e that the site where the temporary use will be located, in order to restorationed of the site to its prior to its original condition and reimbursement to that the City is fully reimbursed for costs associated with any unanticipated expenses related to enforcement, abatement, cleanup, or of the temporary use or required improvements. The Community Development Director shall determine the amount of the bond or other security, and the applicant shall post it with the Community Development Department.
E. Revocation. A temporary use permit may be revoked pursuant to and in accordance with Section 17.125.150 (Revocation of Variance and Permits). The remedies provided in this 591
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(Ord. 247, 1/15/2025)
§ 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 592
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§ 17.105.040 DEVELOPMENT CODE § 17.105.040
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 exceeding six times per calendar year shall require approval of a conditional use permit by the Planning Commission.
C.A. Requirements for Temporary UsesApproval. The Community Development Director shall approve a major or minor tTemporary events providedmust substantially conform ance withall 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.
2.1. There is no pending code enforcement action on the property underlying the proposed event location.
3.2. A noise, and lighting mitigation plan for events held at night and parking plan shall be approved by the Planning Divisionepartment for events held at night if applicable.
4.3. An access and parking plan has been approved by the Public Works Director or City Engineer, when determined necessary by the applicable reviewing agency based on the nature and scope of the eventif applicable.
5.4. A fire protection plan has been approved by the Fire Department, when determined necessary by the applicable reviewing agency based on the nature and scope of the event.if applicable.
6.5. A security operations plan has been approved by the Police Department, when determined necessary by the applicable reviewing agency based on the nature and scope of the event.if applicable.
7.6. 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.
8.7. 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 to the Planning Division.
9.8. 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.
10.9. No signage may be located in the public right-of-way without the approval of an encroachment permit made by the City Engineer.
11.10. Any signage/banners proposed to be used for the event shall comply with the 593
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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.
E.B. Bond and Insurance. restoration of the event site and reimbursement to the City for costs associated with law enforcement, emergency response, cleanup, enforcement, or abatement attributable to the eventThe Community Development Director may require an applicant for a major and/or minortemporary 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 Community Development Department Chief Building Official. The Community Development Director may also require an applicant for a major and/or minortemporary event to obtain indemnity or liability insurance naming the City as the insured if the event is held on public property.
F.C. Advertising/Ticket Sales. No person shall conduct, operate, or admit the public advertise, sell, or furnish tickets forto a minortemporary requiring event until a permit under this chapter unless the required permit has been issued has been obtained for the event in accordance with this chapter.
G.D. Revocation. A minor event permit may be revoked pursuant to and in accordance with Section 17.125.150 (Revocation of Variances and Permits). (Ord. 247, 1/15/2025)
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§ 17.116.010 DEVELOPMENT CODE § 17.116.030
Downloaded from https://ecode360.com/WI5035 on 2026-03-21 CHAPTER 17.116
PRE-APPLICATION REVIEW (PAR) PROCEDURES
Prior History: Former Ch. 17.120 A-1 Light Agriculture Zone, compiled of RCC Ch. 17.120; Ord. 18 § 2, 2008; Ord. 87 § 2, 2014; repealed by Ord. 247, 1/15/2025. § 17.116.010. 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. (Ord. 247, 1/15/2025)
§ 17.116.020. 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 usedevelopment types)
Major Development Review Permits (all development types) as determined by the Director Planned Residential Developments
Revised Permits (all types) as determined by the Director Tentative Parcel Maps (all types) as determined by the Director Tentative Tract Maps (all types)
Vesting Maps (all types)
Development Projects under SbB 330
(Ord. 247, 1/15/2025)
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Downloaded from https://ecode360.com/WI5035 on 2026-03-21 § 17.116.030. Applications.
A. The Community Development Director has the discretion to determine that a PAR application is not required for a proposed project as deemed appropriate.
A.B. 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.C. 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 C and D of this section is considered to be the minimum required, and Tthe Community Development Director may require additional information if the information submitted does not adequately define the proposal or meet statutory requirements.
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 597
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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 mobilehomes or recreational vehicles.
D. 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;
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, mobilehome parks, or recreational vehicle parks:
a. Number each condominium, mobilehome, 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.
E. 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.
(Ord. 247, 1/15/2025)
§ 17.116.040. 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 weeks to review the proposal.
C. Within four weeks after the PAR application is submitted and reviewed, the planning department shall prepare a PAR staff review comment letter for the applicant. 598
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§ 17.116.050. 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 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 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 oneyear life, and policy recommendations, which were valid when the letter was issued, may 599
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§ 17.116.050 WILDOMAR CODE § 17.116.060
Downloaded from https://ecode360.com/WI5035 on 2026-03-21 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. (Ord. 247, 1/15/2025)
§ 17.116.060. 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.
(Ord. 247, 1/15/2025)
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§ 17.145.010 DEVELOPMENT CODE § 17.145.060
Downloaded from https://ecode360.com/WI5035 on 2026-03-21 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.
(Ord. 247, 1/15/2025)
§ 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.
(Ord. 247, 1/15/2025)
§ 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.
(Ord. 247, 1/15/2025)
§ 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. (Ord. 247, 1/15/2025)
§ 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. (Ord. 247, 1/15/2025)
§ 17.145.060. Prezoning.
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. 601
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§ 17.125.010 DEVELOPMENT CODE § 17.125.040
Downloaded from https://ecode360.com/WI5035 on 2026-03-21 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.
(Ord. 247, 1/15/2025)
§ 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. (Ord. 247, 1/15/2025)
§ 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.
(Ord. 247, 1/15/2025)
§ 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 603
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§ 17.125.040 WILDOMAR CODE § 17.125.060
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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. (Ord. 247, 1/15/2025)
§ 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.
(Ord. 247, 1/15/2025)
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§ 17.125.060 DEVELOPMENT CODE § 17.125.070
Downloaded from https://ecode360.com/WI5035 on 2026-03-21 § 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 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. (Ord. 247, 1/15/2025)
§ 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 605
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Downloaded from https://ecode360.com/WI5035 on 2026-03-21 within a radius of up to one mile around the project, whichever is greater, as determined by the Community 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.
(Ord. 247, 1/15/2025)
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§ 17.125.080 DEVELOPMENT CODE § 17.125.100
Downloaded from https://ecode360.com/WI5035 on 2026-03-21 § 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 Hearing Procedure), 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 this section.
(Ord. 247, 1/15/2025)
§ 17.125.090. Notice of decision.
Written notice of decision of the approval authority shall be provided to the applicant and all parties requesting such notification within seven 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.
A. 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.
B. 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. (Ord. 247, 1/15/2025)
§ 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 legislative decisions. In acting on a permit, the approving 607
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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
City
Manager or
Community
Development
Director
Planning
Commission City Council
Accessory
Dwelling Unit
Permit
Ministerial A
Cannabis
Conditional Use
Permit
Discretionary R R A
Conditional Use
Permit
Discretionary R A
Development
Agreement
Legislative R R A
Development
Review, Minor
Ministerial A
Development
Review, Major
Discretionary R A
Extension of
Time
Discretionary A –CM
(first 5 years)
A (last year)
Finding of Public
Convenience and
Necessity
Discretionary AR A
General Plan
Amendment
Legislative R R A
State Housing Law
– Projects
Ministerial A
Home-based
business
Ministerial A
LAFCO
Application /
pre-zoning
Discretionary R R A
Large Family
Daycare Permit
Ministerial A
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Official Code
Interpretation
Ministerial A
Planned
Residential
Development
Discretionary R AR A
Reasonable
Accommodation
Discretionary A
Sign Programermit Ministerial A
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§ 17.125.100 DEVELOPMENT CODE § 17.125.110
Downloaded from https://ecode360.com/WI5035 on 2026-03-21 Table 17.125.100-1: Designated Authority for Approval
Approval Type
(Chapter) Type of Action
Designated Authority
City
Manager or
Community
Development
Director
Planning
Commission City Council
Similar Use
Determination
Ministerial A
Specific Plan, or
Specific Plan
Amendment
Legislative R R A
Substantial
Conformance
Determination
Discretionary A
Temporary Use
Permit /
Temporary
Event Permit
Discretionary A
Variance Discretionary R A
Zoning Clearance /
Letter
Informational A
A = Approving Authority; R = Recommending Authority
(Ord. 247, 1/15/2025)
§ 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 610
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2. Proceedings Stayed by Appeal. The timely filing of an appeal shall stay all 611
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§ 17.125.110 WILDOMAR CODE § 17.125.110
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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.
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 Community DevelopmentPlanning 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.
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§ 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, or as described within the approved conditions of approval. 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, or per
condition of
approval
Up to 6 years, or
per condition of
approval
Up to 9 years, or
per condition of
approval
3 Planning
CommissionCit
y Manager or
Designee (first
5 years)
Planning
Commission
(last year)
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, 2023 and July 30, 2025.
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 613
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§ 17.125.110 DEVELOPMENT CODE § 17.125.120
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Following are the criteria for determining if a permit has been exercised and therefore would not expire:
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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 specifichorter initial time period. The permit shall become null and void unless the permits have been issued and/or 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 Community DevelopmentPlanning 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 for the final year, the Community DevelopmentPlanning 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 CommissionCity Manager or Designee, in consideringapproving an extension of time for an approved permit mayshall follow the processing procedures outlined below:
a. The Planning Commission shall review the first request for an extension of time, and at their City Manager or Designee’s discretion may extend the time to commence the permit for an additional period up to three years, or as described in the conditions of approval, provided the findings outlined in this section are met.
b. The Planning Commission shall review the second request for an extension of time, or extension request for up to five (5) years, and at their City Manager or Designee’s discretion may extend the time to commence the permit for an additional period up to two years, or as described in the conditions of approval, provided the findings outlined in this section are met. c. The Planning Commission shall review the finalthird request for an extension of time, and at their discretion may extend the time to commence the permit for a final one-year, or as described in the conditions of approval, period provided the findings outlined in this section are met.
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§ 17.125.120 WILDOMAR CODE § 17.125.120
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d.e. 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 616
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Downloaded from https://ecode360.com/WI5035 on 2026-03-21 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.f. 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)i. The approved permit remains consistent with the adopted General Plan. (B)ii.The approved permit remains in conformance with the requirements this Title.
(C)iii. 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)iv. The request and fee for the extension was filed prior to the expiration date of the approved permit.
g. When approving administrative extensions of time, the City Manager or designee may defeiffer a decision on any extension of time to the Planning Commission or City Council for consideration.
3. Appeal of the Planning Commission Determination. Any extension of time request, approved or denied, by the Planning Commission may be appealed to the Planning Commission or City Council, as determined by the City Manager or designee in accordance with this Title. 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 Planning Commission or City Council. Any appeal of an extension of time request, approved or denied, by the Planning Commission shall be heard by the Planning Commission or City Council. Within 45 days of receiving a request for an application for an appeal 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 Community DevelopmentPlanning 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 Planning Commission or 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.
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. (Ord. 247, 1/15/2025)
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§ 17.125.120 DEVELOPMENT CODE § 17.125.130
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Downloaded from https://ecode360.com/WI5035 on 2026-03-21 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 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 Community DevelopmentPlanning 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.
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 Community DevelopmentPlanning Director.
E. Processing Procedures.
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1. Substantial Conformance. The Community DevelopmentPlanning 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 Community DevelopmentPlanning 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.
(Ord. 247, 1/15/2025)
§ 17.125.140. Reapplications.
A. Applicability. An application shall not be accepted or acted upon if within the past one 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. (Ord. 247, 1/15/2025)
§ 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;
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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 Community Development 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 Community Development 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 Community Development 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 Community DevelopmentPlanning Director a notice of appeal from the decision of the Community Development Director of the Building and Safety Department. A notice of appeal shall be accompanied by the filing fee set forth 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 Community Development Building Director's revocation of the permit or variance.
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
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§ 17.125.150 DEVELOPMENT CODE § 17.125.160
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 (B)(7)(a) and (b) 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 17.125.070.
9. Action by City Council. The decision of the City Council on revocation of a permit or variance is final.
(Ord. 247, 1/15/2025)
§ 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 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
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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 90 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:
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 25% to the existing dwelling or structure. a. The construction of an accessory dwelling unit up to 1,200 square feet in size. b. The development of non-habitable accessory structure(s) as provided for under Chapter 17.185 (Accessory Structures).
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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. (Ord. 247, 1/15/2025)
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§ 17.150.010 DEVELOPMENT CODE § 17.150.020
Downloaded from https://ecode360.com/WI5035 on 2026-03-21 Article IV
Site Development Regulations And Performance Standards
CHAPTER 17.150
GENERAL SITE REGULATIONS
§ 17.150.010. Purpose.
The purpose of this of 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 II (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. (Ord. 247, 1/15/2025)
§ 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 II (Zoning Districts and Allowable Land Uses) and Article V (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.
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§ 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 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 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 Approval), including the appeal provisions thereof, except that when the application is for a temporary use for a period of time in excess of 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.
(Ord. 247, 1/15/2025)
§ 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% 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 requirementsin the same manner asif 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 II, (Zoning Districts and Allowable Land Uses) for more detailed yard and setback requirements and refer to Article VI (Definitions) for definitions and illustrations of lot types.
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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 feet and/or into the required rear yard a distance not to exceed five 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 three feet.
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b. If placed within a rear or side yard, at least three 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). (Ord. 247, 1/15/2025)
§ 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 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.
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Location of fence/wall/screen Maximum Height
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 3 feet from any side or rear property line; and provided, further, however, that any portion of the enclosure which is higher than 6 feet shall be composed of wire mesh or other material whose vertical surface shall not be closed more than 10%.
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 3 feet from any side or rear property line; and provided, further, however, that any portion of the enclosure which is higher than 6 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.
D. Retaining Walls
1. Retaining walls shall not exceed six feet in height except in front yards areas where they shall not exceed thirty-six (36) inches in height. However, retaining walls necessary for the construction of an adjacent driveway may be constructed to a maximum of six feet in height anywhere on the property.
1. Any retaining wall exceeding the maximum height shall be stepped a minimum of three (3) feet horizontally to break up wall heights beyond the maximum allowed, or may use other similar methods that break up the wall heights as determined by the Community Development Director.
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D. F. 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. G. 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 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 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 high planter with vines and shrubs that will grow to six 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 feet in height shall be constructed on the zone boundary line. Walls may be constructed up to eight 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. 632
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§ 17.150.050 WILDOMAR CODE § 17.150.050
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3. Fencing for all outdoor storage areas shall be screened from public view. Screening must include a combination of six-foot decorative block walls, and 36-inch box trees planted a maximum of 20 feet on center. Walls may be constructed up to eight 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 (four 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 five 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 feet. Additional height up to eight 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 feet. Additional height up to eight 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 to 12 inches behind a minimum five foot high non-electrified perimeter fence/wall (six feet if adjacent to a residential use or zone).
ii. Monitored electrified security fences must be two feet higher than the perimeter barrier, with a max of 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.
iv. The energizer for electric fences must be driven by a commercial storage battery not to exceed 12 volts DC. The electric charge produced by the fence upon contact shall not exceed the energizer characteristics set forth 633
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§ 17.150.050 DEVELOPMENT CODE § 17.150.060
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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. (Ord. 247, 1/15/2025)
§ 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.
2. Stormwater runoff from the roof cover shall drain away from the enclosure area.
3. A grade break or other acceptable design feature shall be used to prevent water runoff from entering the trash enclosure area.
4. 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.
5. Where feasible, there shall be no storm drain inlets located inside the enclosure area.
6. 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.
D. Signage outlining best management practices (BMPs) shall be posted by the business 634
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§ 17.150.060 WILDOMAR CODE § 17.150.070
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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.
(Ord. 247, 1/15/2025)
§ 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 nonresidential swimming pools shall be located not nearer than 10 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. (Ord. 247, 1/15/2025)
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§ 17.155.010 DEVELOPMENT CODE § 17.155.030
Downloaded from https://ecode360.com/WI5035 on 2026-03-21 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 welldesigned 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. (Ord. 247, 1/15/2025)
§ 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.
(Ord. 247, 1/15/2025)
§ 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 and/or use permit, 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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Downloaded from https://ecode360.com/WI5035 on 2026-03-21 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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Downloaded from https://ecode360.com/WI5035 on 2026-03-21 (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.
b. 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 638
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c. 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. d. 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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Downloaded from https://ecode360.com/WI5035 on 2026-03-21 "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 6 inches.)
24 feet
All driveways located within a road right-of-way shall be approved by the Transportation Public Works Director or City Engineer.
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.
Table 17.155.030-4 Surfacing Standards
Type of Use Surfacing Materials
One and two family residences
less than 1/2 acre parcel Concrete, asphaltic concrete, brick or equivalent equal to or greater than 1/2 acre parcel At least 3 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
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§ 17.155.030 DEVELOPMENT CODE § 17.155.030
Downloaded from https://ecode360.com/WI5035 on 2026-03-21 Table 17.155.030-4 Surfacing Standards
Type of Use Surfacing Materials
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
2 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 3 1/2
inches, with expansion joints; or asphaltic concrete
paving compacted to a minimum thickness of 3 inches
on 4 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 3 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.
ii.i. 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). 641
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§ 17.156.010 DEVELOPMENT CODE § 17.156.010
Downloaded from https://ecode360.com/WI5035 on 2026-03-21 CHAPTER 17.156
LANDSCAPING STANDARDS
Prior History: Former Ch. 17.160 W-1 Watercourse, Watershed and Conservation Areas Zone, compiled of RCC Ch. 17.160; Ord. 18 § 2, 2008; repealed by Ord. 247, 1/15/2025. § 17.156.010. 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 642
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§ 17.156.010 WILDOMAR CODE § 17.156.010
Downloaded from https://ecode360.com/WI5035 on 2026-03-21 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.
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:
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Downloaded from https://ecode360.com/WI5035 on 2026-03-21 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.
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 off-street 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 644
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§ 17.156.010 WILDOMAR CODE § 17.156.010
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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:
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%
l. 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 645
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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 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, nondrought 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). 646
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Downloaded from https://ecode360.com/WI5035 on 2026-03-21 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.
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 Community Development 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 Community Development 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 647
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(Ord. 247, 1/15/2025)
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Downloaded from https://ecode360.com/WI5035 on 2026-03-21 CHAPTER 17.176
SIGNS
Prior History: Former Ch. 17.180 Standards for Planned Residential Developments, compiled of RCC Ch. 17.180; Ord. 18 § 2, 2008; repealed by Ord. 247, 1/15/2025. § 17.176.010. 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.
(Ord. 247, 1/15/2025)
§ 17.176.020. 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;
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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 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. (Ord. 247, 1/15/2025)
§ 17.176.030. 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 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 freestanding sign per street frontage provided that the signs are 650
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Downloaded from https://ecode360.com/WI5035 on 2026-03-21 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 window sign per window.
3. Window signs are only permitted on ground floor windows and expressly prohibited on upper story windows.
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 10% 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 10% 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 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.
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Downloaded from https://ecode360.com/WI5035 on 2026-03-21 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.
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 10 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 652
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Downloaded from https://ecode360.com/WI5035 on 2026-03-21 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 signs may be placed at public parks.
iii. Public facilities.
iv. City-owned property.
v. Public road right-of-way (except roadway medians).
vi. Signs at public facilities, City-owned property, and public road right-ofway 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 nonprofit 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 Community Development 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., multivision 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. 653
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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% 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.
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 CommunityPlanning 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 654
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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 Community Development Planning Director for review and approval.
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 655
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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.
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Downloaded from https://ecode360.com/WI5035 on 2026-03-21 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 None, provided
Dimmer control the LED sign
required to area is in a
change to the "static position"
lower nighttime with a dark
brightness background
setting upon The "static
sunset. A change position" sign
to the higher area may
brightness contain up to 3
setting is not lines of text and/
permitted until or logos during
after sunrise. the hours of
As part of the 9:30 p.m. to
minor 6:30 a.m., but
development the remainder of
permit process, the background
the Community
Development
Planning area shall be
Director may "dark."
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.
Electronic Graphic
Display
Images and text
(scrolling of text
permitted)
No limit 5 seconds
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). 657
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Downloaded from https://ecode360.com/WI5035 on 2026-03-21 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 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 658
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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.
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 659
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Downloaded from https://ecode360.com/WI5035 on 2026-03-21 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 Community DevelopmentPlanning 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.
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:
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Downloaded from https://ecode360.com/WI5035 on 2026-03-21 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
directionalsigns
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 perstreet
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
Buildingmounted
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
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§ 17.176.030 DEVELOPMENT CODE § 17.176.030
Downloaded from https://ecode360.com/WI5035 on 2026-03-21 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.
Notes:
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. 4 Signs shall be removed within 30 days of close of
escrow or lease of final unit.
3 Only allowed Friday to Monday. 2
Must be located outside of the clear vision triangle. 1 662
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Downloaded from https://ecode360.com/WI5035 on 2026-03-21 e. Signs may not be attached to utility poles, sign posts, fences, walls, or any other structure.
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 10 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-of-way 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.
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5. A political sign shall not exceed 32 square feet in total area for one side.
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 10 calendar days after the political or primary to which it pertains shall be deemed abandoned. If the Community Development development services Ddirector 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, Community Developmentthe development services Ddirector 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 Community Developmentdevelopment services Ddirector 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. 664
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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. (Ord. 247, 1/15/2025)
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§ 17.185.010 DEVELOPMENT CODE § 17.185.040
Downloaded from https://ecode360.com/WI5035 on 2026-03-21 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. (Ord. 247, 1/15/2025)
§ 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) (Ord. 247, 1/15/2025)
§ 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. (Ord. 247, 1/15/2025)
§ 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. 666
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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 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 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.
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Downloaded from https://ecode360.com/WI5035 on 2026-03-21 H. Notwithstanding the regulations in this chapter, detached single-story accessory structures, not more than 120 square feet in size and, therefore, not requiring a building permit, may be permitted with a minimum setback of two feet to interior side and rear property lines. (Ord. 247, 1/15/2025; Ord. 256, 11/12/2025)
§ 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.
(Ord. 247, 1/15/2025)
§ 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.
(Ord. 247, 1/15/2025)
§ 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; 668
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Downloaded from https://ecode360.com/WI5035 on 2026-03-21 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 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 fastgrowing 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% of the floor area of the primary residence on site, 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. (Ord. 247, 1/15/2025)
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Downloaded from https://ecode360.com/WI5035 on 2026-03-21 Article V
Standards Related To Specific Uses
CHAPTER 17.195
ACCESSORY DWELLING UNITS
§ 17.195.010. Purpose.
The intent of this section chapter is to regulate accessory dwelling units and junior accessory dwelling units in residential zoning districts consistent with state law. This chapter is intended to expand housing opportunities by increasing the availability of smaller and more affordable residential units within existing neighborhoods while maintaining compatibility with surrounding residential development through objective standards 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. (Ord. 247, 1/15/2025)
§ 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), a r e shall be a permitted uses on all lots in with a proposed or existing single-family and or multifamily residential zonesdwelling units, provided the accessory dwelling unit complies with the development standards of this chapter and State ADU Law. For purposes of this chapter, “State ADU Law” means Chapter 13 (commencing with Section 66310) of Division 1 of Title 7 of the California Government Code, including provisions for accessory dwelling units and junior accessory dwelling units, and any successor or amending statutes.
Accessory dwelling units that do not qualify under Government Code section 66323 must comply with the development standards of this chapter. Accessory dwelling units that qualify under Government Code section 66323 (“66323 Units”) arewill be approved ministerially in accordance with Government Code section 66323 and regulated only under that section and applicable building, fire, and health and safety codes that State law allows. No development or design standard in this chapter or elsewhere in the Municipal Code applies to a 66323 Unit unless State law expressly allows it. If a conflict exists between this chapter and Government Code section 66323, State law controls. This chapter must be interpreted to allow the maximum number and type of ADUs and JADUs permitted by State ADU Law, and any ambiguity must be resolved in favor of housing production to the extentconsistent with required by State ADU Law. An applicant eligible for approval under Government Code section 66323 retains the right to elect approval under that section at any time prior to final permit issuance. . 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). All ADUs must be located on the same lot as the proposed or existing primary dwelling.Accessory dwelling units must be on the same lot as the proposed or existing primary dwelling.
No owner occupancy requirement applies to an accessory dwelling unit, consistent with 670
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Downloaded from https://ecode360.com/WI5035 on 2026-03-21 Government Code section 66315. The City may require that ADUs be rented for terms longer than 30 days. The Community Development Director, or designee, administers and enforces this chapter.
(Ord. 247, 1/15/2025)
§ 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 must be reviewed concurrently with the application and issued concurrently with the building permit for the unitshall be reviewed with the application for the accessory dwelling unit and issued at the same time.
(Ord. 247, 1/15/2025)
§ 17.195.040. Application.
An application for an accessory dwelling unit building permit shallmust be made in writing to the Chief Building OfficialBuilding Department on forms provided by the Building Dsaid department, and shallmust include be accompanied by the applicablea minor or major development permit and filing fee as set forth in Chapter 3.44 (Fees) of the Wildomar Municipal Code. The Chief Building DepartmentOfficial shallmustmay distribute the application and minor or major development permit to the Planning, Fire and Engineering dDepartments 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 671
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Downloaded from https://ecode360.com/WI5035 on 2026-03-21 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, if required by State ADU Law.
B. Assessor's parcel number of the premises upon which the accessory dwelling unit is proposed.
C. Sufficient detail clearly describing the following:
1. Physical dimensions of theproperty;
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;
7. Topography of the property;
8. Objective information necessary to demonstrate compliance with applicable objective standardsA 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; and
9. A written statement as to whether the accessory dwelling unit shall be used for family members or for rental purposes; and
9. Such aAdditional information expressly identified as required by the Chief Building Official to make an appropriate determination regarding issuance or denial of thelisted on the City’s adopted public ADU application checklist and reasonably necessary to determine compliance with State ADU Law, objective standards authorized by State ADU Law, and applicable building, fire, and health and safety codes.
10.D. Assessor's parcel number of premises upon which the accessory dwelling unit is proposed. The City reviews all ADU and JADU applications ministerially. The City does not require discretionary review, a public hearing, or subjective evaluation, and the City may not impose any requirement, condition, or standard through plan check or the building permit process unless State ADU Law expressly authorizes it, regardless of how the requirement is labeled or characterized. The City may not require resubmittal, redesign, or additional technical studies unless expressly authorized by State ADU Law and listed on the adopted checklist, , except to address corrections necessary for compliance with applicable building, fire, health, or safety requirements authorized by state law.
(Ord. 247, 1/15/2025)
§ 17.195.050. Development standards for accessory dwelling units.
Except as provided in Section 17.195.060, accessory dwelling units must comply with the 672
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Downloaded from https://ecode360.com/WI5035 on 2026-03-21 following development standards:The standards in this section apply only to ADUs reviewed under Government Code sections 66314 through 66322. These standards do not apply to 66323 Units unless state law expressly allows them. All standards in this section must be objective, uniformly verifiable, and applied without discretion or subjective judgment. The City may not apply development standards cumulatively in a way that prevents or unduly constrains ADU development allowed by State ADU Law. Any authority to deny or condition an ADU must derive from an express provision of State ADU Law. Notwithstanding any other provision of this section, the City must permit at least one ADU of up to 800 square feet with four foot side and rear setbacks on each lot with a proposed or existing primary dwelling, consistent with Government Code section 66321.
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.
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§ 17.195.050 WILDOMAR CODE § 17.195.050
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.
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, and 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 objective site constraints demonstrate on the applicant’s site plan showit 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 four-foot side and rear setbacks.The City shall not apply front setback standards in a manner that prevents construction of an accessory dwelling unit otherwise required to be permitted under State ADU Law.
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. Nothing in this subsection shall be applied to prevent construction of an ADU otherwise required to be permitted under Government Code section 66321.
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 uniton the lot, 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 off-street 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; 674
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2. The accessory dwelling unit is located within a state or locally designated historic district;
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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.The City shall not impose impact fees on an accessory dwelling unit containing 750 square feet or less of interior livable space. Any impact fee imposed on an accessory dwelling unit containing more than 750 square feet of interior livable space shall be charged proportionately in relation to the square footage of the primary dwelling unit, consistent with Government Code section 66311.5.
G. Construction of an accessory dwelling unit shall not require that fire sprinklers be installed in any existing primary dwelling.
H. The City may apply objective design standards only to ADUs that are not 66323 Units.
These standards must be clearly defined, uniformly verifiable, and applied without subjective judgment. Design standards may not require architectural matching, neighborhood compatibility findings, stylistic uniformity, or aesthetic determinations, whether express or implied. Failure to comply with a design guideline or preference may not be used as a basis for denial or delay. These standards must not unreasonably increase construction costs or prevent development required by State ADU Law. Design standards do not apply to 66323 UnitsThe architectural design of the ADU shall meet adopted objective design standards or guidelines, if any, and shall match the design of the primary dwelling, as determined by the Community Development Director or designee, using objective design standards or guidelines, if any, except as stated in Government Code section 66323.
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 single-family or multifamily residence one-family 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.An attached accessory dwelling unit shall have exterior access as required by applicable building and fire codes. Interior access between the primary dwelling and the accessory dwelling unit may be permitted consistent with applicable building and fire codes.
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.A detached accessory dwelling unit may be located in front of the primary dwelling unit provided applicable objective setback, visibility, access, and safety standards are satisfied and the placement does not conflict with State ADU Law. 676
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Downloaded from https://ecode360.com/WI5035 on 2026-03-21 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.
P. The City will not impose connection fees, capacity charges, or service requirements in a manner inconsistent with state lawGovernment Code section 66324, including treating conversion ADUs or JADUs as new residential uses when state law prohibits that, or in a manner that delays or prevents approval of an ADU.
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Downloaded from https://ecode360.com/WI5035 on 2026-03-21 Figure 17.195.050-1 Detached Accessory Dwelling Unit
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§ 17.195.050 DEVELOPMENT CODE § 17.195.050
Figure 17.195.050-2 Accessory Dwelling Unit — Attached to an Accessory Structure
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Downloaded from https://ecode360.com/WI5035 on 2026-03-21 Figure 17.195.050-3 Accessory Dwelling Unit Above Detached Garage (Ord. 247, 1/15/2025; Ord. 256, 11/12/2025)
§ 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 (JADU) 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 is required to be owner-occupied only when the JADU shares sanitation facilities with the primary dwelling, consistent with Government Code Section 66333must be owner-occupied. The owner may live in either the junior accessory dwelling unit or the primary residence. Owner-occupancy is not required when the junior accessory dwelling unit has separate sanitation facilities. This requirement shalldoes not apply if the owner is another governmental agency, a land trust, or a housing organization, or as otherwise provided by State ADU Lawcorporation.
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. The deed restriction shall be recorded prior to final inspection or issuance 680
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Downloaded from https://ecode360.com/WI5035 on 2026-03-21 D. A junior accessory dwelling unit must have exterior access as required by Government Code section 66333 and applicable building and fire codes. Interior access between the primary dwelling and the junior accessory dwelling unit may be permitted consistent with applicable building and fire codes.be constructed within the walls of a proposed or existing singlefamily 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 at a minimum 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.
G.H. If rented, a junior accessory dwelling unit must be rented for more than 30 days and may not be used for short term rentals. JADUs arewill be processed ministerially and are subject only to the standards under State ADU Law allows.
(Ord. 247, 1/15/2025)
§ 17.195.070. Ministerial approval.
Pursuant to Government Code Section 66323, tThe Chief Building Official must ity 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 17.195.0540this Chapter.
A. One accessory dwelling unit or junior accessory dwelling unit per lot that is within the proposed or existing 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 within 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 as required by applicable building and fire codes.
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
17.195.0650.
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.
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3. The height of the unit is no more than 16 feet, except as otherwise provided in this section or State ADU Law 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.
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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.The unit shall not exceed the maximum height authorized by State ADU Law. This subsection shall not be interpreted to prohibit a height otherwise required to be permitted by State ADU Law.
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.
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. Up to eightTwo detached accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, provided that not exceeding the number of detached accessory dwelling units does not exceed the number of existing multifamily dwelling units on the lot, the units are no more existing or proposed multifamily units,, provided that the units are no higher than 16 feet in height, and the untis comply with and meet athe four-foot rear and side yard setbacks.
(Ord. 247, 1/15/2025)
§ 17.195.080. Prohibited areas.
This section does not apply to accessory dwelling units approved under Government Code section 66323. For all other accessory dwelling units, the City may deny an application only if it makes written findings, based on substantial evidence in the administrative record, that the accessory dwelling unit would have a specific, adverse impact on public health or safety, as defined in Government Code section 65589.5(d), and that there is no feasible method to satisfactorily mitigate or avoid the impact. Any such finding must be based on objective, identified public health or safety impactssite-specific conditions directly attributable to the proposed accessory dwelling unit and supported by site-specific evidence in the administrative records. A finding may not be based on generalized neighborhood conditions, speculative impacts, or in the surrounding area or on the existence of a moratorium or similar local limitation on residential developmentAn 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.
(Ord. 247, 1/15/2025)
§ 17.195.090. Notice of decision.
A. The Chief Building Official must determine whether an application for an accessory dwelling unit or junior accessory dwelling unit is complete within 15 business days after submittal and provide written notice to the applicant. If the City does not provide written notice within 15 business days, the application is deemed complete, except as provided by state lawUpon 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 684
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B. The Chief Building Official must approve or deny an application and issue a building permit for an accessory dwelling unit within 60 days after the application is deemed complete, provided the application complies with this chapter and State ADU Law, and applicable building, fire, and health and safety codesThe 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. The Chief Building Official may deny an application only if the applicant has not met the requirements of this chapter or State ADU Law, or applicable building, fire, or health and safety requirements authorized by state law. If the Chief Building Official denies an application, the City must provide a written explanation identifying all deficiencies and describing how they may be remediedAn application for an accessory dwelling unit permit and/or a building permit for an accessory dwelling unit where there is no existing singlefamily dwelling shall be approved or denied concurrently with the permit application to create the new single-family dwelling.
D. An application for an accessory dwelling unit where there is no existing single-family dwelling must be approved or denied concurrently with the permit application for the proposed dwelling.
E. The City may not delay, toll, or suspend the timeframes in this section except as State law expressly allows.
C.F. Failure to act within the timeframes required by this section will result in approval only to the extent required under state law. Nothing in this section limits the City’s authority to require compliance with applicable building, fire, utility, health, and safety requirements expressly authorized by State ADU Law.
(Ord. 247, 1/15/2025)
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§ 17.195.100 DEVELOPMENT CODE § 17.195.100
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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. (Ord. 247, 1/15/2025)
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§ 17.196.010 DEVELOPMENT CODE § 17.196.020
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TWO-UNIT DEVELOPMENTS
§ 17.196.010. Purpose.
The purpose of this chapter is to provide regulations for the establishment of two-unit developments, as defined in Section 17.196.020, pursuant to Government Code Section 65852.2165852.21. To accomplish this purpose, the regulations outlined herein are determined to be necessary for the preservation of public health, safety, and general welfare, and for the promotion of orderly growth and development. Except where such provisions directly conflict with Section 66411.21 of the Government Code, the provisions of this chapter shall apply. § 17.196.020. Eligibility.
Notwithstanding anything in this chapter to the contrary, a residential development containing no more than two residential units on one legal lot within the R-R, R-R-O, R-1, R-1A, R-A, R-T, and R-T-R zones ("Two-Unit Development") may be constructed following approval of by the Community Development Director, without discretionary review or a public hearing, if the proposed two-unit development meets all of the requirements set forth below:
A. A two-unit development may be permitted under this chapter if the development will result in no more than two residential units in total on a lot. If the lot has an existing dwelling, one additional unit may be developed pursuant to this chapter. If a parcel does not include an existing dwelling, or if the existing dwelling is proposed to be demolished in connection with the creation of a two-unit development, up to two dwelling units may be developed pursuant to this chapter. For purposes of this section, “dwelling unit” does not include an accessory dwelling unit or junior accessory dwelling unit unless state law expressly authorizes the City to include such units within the two-unit limitation.
B. Inconsistencympatibility with the City’s density limitations shall not provide a basis to deny a twounit development shall not provide a basis to deny a two-unit development that otherwise conforms to the requirements of this chapter and state law.
C. A two-unit development shall not be approved in each of the following circumstances:
1. The two-unit development would require demolition or alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
c. Housing that has been occupied by a tenant in the last three (3) years. d. Demolition of up to 25% of the exterior of its police power.
2. The parcel subject to the proposed two-unit development is a parcel on which an owner of residential real property has exercised the owner's rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date that the two-unit development proponent submits an application.
3. The parcel subject to the proposed two-unit development is located within a historic districtlandmark or historic or property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site or district that is designated or listed as a City or County landmark or historic property or district pursuant 688
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4. The parcel subject to the proposed two-unit development does not satisfy the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Government Code Section 65913.4.
(Ord.223 § 4, 2022)
§ 17.196.030. Objective Standards.
Except as provided in this section, two-unit developments under this chapter shall conform to all objective property development regulations of the zone in which the property is located including, but not limited to, setbacks, building height, building size, structural coverage, and impervious coverage, and any objective requirements in the City's design guidelines, unless the applicant demonstrates that such zoning or design standard would have the effect of physically precluding the construction of up to two residential units on the parcel, or that would physically preclude either of the two units from being at least 800 square feet in floor area, subject to the following modifications:
A. New dwelling units constructed under this chapter shall each be no more than 1,200 square feet in floor area.
B. No additional setback shall be required for an existing structure, or a structure constructed in the same location and to the same dimensions as an existing structure. The City may require documentation reasonably necessary to verify the location and dimensions of an existing structure.Verification of size and location of the existing and proposed structure requires pre- and post-construction surveys by a California licensed land surveyor.
C. A setback of at least four feet is required from the rear and side property lines. Front yard setbacks shall be as required for the zone in which the property is located. Front setback standards shall not be applied in a manner that physically precludes construction of two dwelling units otherwise required to be permitted under Government Code section 65852.21.
D. Primary Entrance Orientation. The primary entrance to each new dwelling unit shall face the front or interior of the parcel unless the unit is directly accessible from an alley or a public street.Primary entrances shall be designed to provide safe and functional pedestrian access consistent with applicable building and fire codes.
E. Privacy Impacts. To minimize privacy impacts on adjacent properties, the following requirements apply to building walls with windows within eight feet of an interior side or rear property line abutting a residential use:
1. For a single-story building wall or the first story of a two-story wall, privacy impacts shall be minimized by either:
a. A six-foot solid fence (wood, block, or vinyl) on the property line; or b. Opaque windows for all window facing the adjacent property.
2. For a second story building wall, all windows facing the adjacent property shall be opaque.To address privacy impacts, windows located within eight feet of an interior side or rear property line may utilize privacy glazing, clerestory design, offset window placement, landscaping, or similar objective privacy measures.
F. If a proposed dwelling unit will be connected to an onsite wastewater treatment system, the applicant shall provide a percolation test completed within the last five years, or if the percolation test has been recertified, within the last 10 years.
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Downloaded from https://ecode360.com/WI5035 on 2026-03-21 G. Any dwelling unit, or portion thereof, that is constructed pursuant to an approval under this section shall only be used for rentals of terms of longer than 30 days. It shall be unlawful to rent, offer to rent or lease, or to advertise for rent or lease, any dwelling unit or portion thereof built pursuant to authority under this section for a term that is 30 days or less.
H. A minimum of one off-street parking space shall be provided for each dwelling unit except that no parking shall be required if either of the following applies:except that no parking shall be required when the parcel meets one or both of the following instances:
1. The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
2. There is a car share vehicle located within one block of the parcel.
I. When construction of a new dwelling unit is proposed on a parcel with an existing dwelling unit, any new dwelling unit shall utilize the same exterior materials and colors as the existing dwelling unit, subject to any restrictions on use of building materials. Where two new units are proposed to be constructed on a parcel, each unit shall utilize the same exterior materials and colors as the other unit. Exterior building materials and colors may differ between units, provided the materials are durable and suitable for exterior residential construction.
J. Utility connections and services shall comply with applicable utility provider requirements and state law.Each dwelling unit constructed under this section shall utilize a separate utility connection directly from each dwelling unit to the utility for water, sewer, gas, and electrical utilities.
K. Each unit in a two-unit residential development shall be separated by a distance of at least 10 feet from any other structure on the parcel; however, units may be adjacent or connected if the structures meet building code safety standards and are sufficient to allow a separate conveyance.
L. Second story exterior decks and balconies, and rooftop decks, shall prohibitedcomply with applicable objective privacy, setback, and building safety standards on dwelling units constructed under this section.
§ 17.196.040. Filing, processing and action.
A. A two-unit development that complies with all standards in this chapter shall be approved ministerially under a Minor Development Permit. No discretionary review or public hearing is required. A building permit application may be submitted concurrently with the administrative permit application.
B. The City shall act on an application for a two-unit development within 60 days from the date the City receives a completeed permit application. If the applicant requests a delay in writing, the 60 day time period shall be tolled for the period of the delay. The City has acted on the application if it:
1. Approves or denies the application building permit for the two-unit development; or
2. Informs the applicant in writing that changes to the proposed project are necessary to comply with this chapter.
C. If the City fails to act within the time period required by State law, the application shall be deemed approved only to the extent required by State law.If an application is not approved within 60 days from the date the City receives a complete permit application, the application is deemed approved.
D. The Community Development Director shall deny the two-unit development if either of the following is found:
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1. The two-unit development fails to meet or perform one orf more objective requirements imposed by this chapter. Any such requirement or condition shall be specified in writing, together with an explanation of how the deficiency may be remedied.
2. The Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed development would have a specific, adverse impact, as defined, and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
ED. The Community Development Director shall not reject an application solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyances.
EF. The Community Development Director may require easements reasonably necessary for the provision of public services and facilities or access to the public right-of-way, consistent with Government Code section 65852.21The Community Development Director shall condition approval on the dedication of any easements deemed necessary for the provision of public services to the proposed residential units and any easements deemed necessary for access to the public right-of-way.
FG. The Community Development Director shall not require the correction of nonconforming zoning conditions. The Community Development Director shall not require correction of existing nonconforming zoning conditions as a condition of approval of a two-unit development.
H. The City shall not impose objective standards that would physically preclude construction of two residential units or that would physically preclude either unit from being at least 800 square feet in floor area.
§ 17.196.0150. Performance Standards.
A. It shall be unlawful to rent, offer to rent, offer to rent or lease, or to advertise for rent or lease, any dwelling unit or portion thereof under this chapter for a term that is 30 days or less.
B. It shall be unlawful to use any dwelling unit under this chapter for any use other than a residential use.
C. Except as otherwise required by State law, no more than two dwelling units shall be permitted pursuant to the authority granted by this chapter on any lot subject to a two-unit development approved under this chapter.Notwithstanding any other provision of this Code, no more than two dwelling units shall be permitted on any parcel created under the provisions of this chapter. 691
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SPECIAL HOUSING TYPES
Prior History: Former Ch. 17.200 Conditional Use Permits, compiled of RCC Ch. 17.200; Ord. 18 § 2, 2008; Ord. 104 § 4, 2015; Ord. 136 § 3, 2017; Ord. 157 § 4, 2018; Ord. 231 § 3, 2023; repealed by Ord. 247, 1/15/2025.
§ 17.1976.010. 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.
(Ord. 247, 1/15/2025)
§ 17.1976.020. 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. 100% 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% 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% 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 on-site 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 on-site supportive services.
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Downloaded from https://ecode360.com/WI5035 on 2026-03-21 ii. For a development with more than 20 units, at least three percent of the total nonresidential floor area shall be provided for on-site supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.
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 Government Code 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.
(Ord. 247, 1/15/2025)
§ 17.1976.030. 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 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 693
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I. Emergency shelter lighting shall be consistent with the City of Wildomar's adopted building code and light pollution ordinance.
(Ord. 247, 1/15/2025)
§ 17.1976.040. 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. (Ord. 247, 1/15/2025)
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§ 17.210.010 DEVELOPMENT CODE § 17.210.030
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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.).
(Ord. 247, 1/15/2025)
§ 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 II, Tables of Allowed Land Uses and Approval Requirements.
(Ord. 247, 1/15/2025)
§ 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 five 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 mobilehome 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 six-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).
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Downloaded from https://ecode360.com/WI5035 on 2026-03-21 J. Signs. Signs shall be permitted in accordance with the standards of Chapter 17.180 for a multi-family complex.
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. (Ord. 247, 1/15/2025)
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§ 17.236.010 DEVELOPMENT CODE § 17.236.030
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CANNABIS
Prior History: Former Ch. 17.240 Mini-Warehouses, compiled of RCC Ch. 17.240; Ord. 18 § 2, 2008; Ord. 69 §§ 12, 13, 2012; repealed by Ord. 247, 1/15/2025. § 17.236.010. 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.
(Ord. 247, 1/15/2025)
§ 17.236.020. 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.
(Ord. 247, 1/15/2025)
§ 17.236.030. Conditional use permit and development agreement required.
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 697
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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 Community DevelopmentPlanning 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. (Ord. 247, 1/15/2025)
§ 17.236.040. Conditional use permit application.
A. All applications for a conditional use permit shall be filed with the Community DevelopmentPlanning 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.
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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.
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 Community DevelopmentPlanning Director to seek verification of the information contained within the application.
11. Any such additional and further information as is deemed necessary by the Community DevelopmentPlanning Director to administer this section or this chapter.
C. The Community DevelopmentPlanning Director and appropriate City staff shall review, verify and investigate all
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§ 17.236.050. 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. (Ord. 247, 1/15/2025)
§ 17.236.060. 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 residential use or residential zone, 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.
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.
(Ord. 247, 1/15/2025; Ord. 252, 8/13/2025)
§ 17.236.070. Conditions of approval.
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Downloaded from https://ecode360.com/WI5035 on 2026-03-21 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 detected outside the cannabis business, anywhere on adjacent property or public rights-of-way, 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.
3. All windows on the premises of the cannabis business shall be appropriately secured and cannabis securely stored.
4. All cannabis businesses shall comply with the City's lighting standards including, without limitation, fixture type, wattage, illumination levels, shielding, and secure the necessary approvals and permits as needed.
5. All cannabis businesses and all equipment used in the conduct of the business, must be operated in compliance with all applicable state and local laws and regulations, including all building, electrical, and fire codes, and incompliance with the businesses' state and local licenses.
6. From a public right-of-way, there should be no exterior evidence of the cannabis business except for any permitted on-site signage.
7. A development agreement for the cannabis business must be executed and recorded 701
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8. Cannabis and cannabis products shall not be smoked, vaped, ingested, or otherwise consumed by any person on the premises of the cannabis business.
B. Manufacturing Sites. Every conditional use permit for a manufacturing site shall include the following conditions of approval:
1. All manufacturing of cannabis products shall occur in an enclosed locked structure.
2. Manufacturing activities shall only occur in the areas depicted on the floor plan submitted by the applicant and shall not exceed the square footage authorized pursuant to the conditional use permit.
3. If hazardous materials, flammable gas, flammable liquefied gas, flammable and combustible liquids, or other flammable material, as those terms are defined in CFC Section 202, are to be used in the processing of cannabis, then the provisions of CFC Section 407 shall be applicable where hazardous materials subject to permits under CFC Section 50 (Hazardous Materials) are located on the premises or where required by the fire department official.
4. Storage, use and handling of compressed gases in compressed gas containers, cylinders, tanks and systems shall comply with CFC Chapter 53, including those gases regulated elsewhere in the Wildomar Municipal Code. Partially full compressed gas containers, cylinders or tanks containing residual gases shall be considered as full for the purposes of the controls required. Compressed gases classified as hazardous materials shall also comply with CFC Chapter 50 for general requirements and CFC Chapter 53 addressing specific hazards, including CFC Chapter 58 (Flammable Gases), CFC Chapter 60 (Highly Toxic and Toxic Materials), CFC Chapter 63 (Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids) and CFC Chapter 64 (Pyrophoric Materials). Prevention, control and mitigation of dangerous conditions related to storage, use, dispensing, mixing and handling of flammable and combustible liquids shall be in accordance with CFC Chapters 50 and 57.
5. Manufacturing sites are a Group F-1 (Factory Industrial Moderate-Hazard) Occupancy under the Fire Code. All new construction is required to be fire sprinkled per the Fire Code. For manufacturing sites that will be sited in an existing structure, an automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists:
a. A Group F-1 fire area exceeds 12,000 square feet.
b. A Group F-1 fire area is located more than three stories above grade plane. c. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 24,000 square feet.
C. Cultivation Sites. Every conditional use permit for a cultivation site shall include the following conditions of approval:
1. All cultivation of cannabis shall occur in an enclosed locked structure. Outdoor cultivation is prohibited.
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2. Cultivation activities shall only occur in the areas shown on the floor plan submitted by the applicant and shall not exceed the square footage authorized pursuant to the conditional use permit.
3. Areas where cannabis is cultivated are wet locations, and the electrical system in such areas must comply with Article 300.6(D) of the National Electric Code, City and the California Building Codes, Fire Code, Electrical Code and all other applicable laws.
4. Cultivation Sites are a Group F-1 (Factory Industrial Moderate-Hazard) Occupancy under the Fire Code. All new construction is required to be fire sprinkled per the Fire Code. For cultivation sites that will be sited in an existing structure, an automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists:
a. A Group F-1 fire area exceeds 12,000 square feet.
b. A Group F-1 fire area is located more than three stories above grade plane. c. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 24,000 square feet.
D. Cannabis Distribution Sites. Every conditional use permit for a cannabis distribution site shall include the following conditions of approval:
1. Cannabis distribution sites shall store all cannabis and cannabis products in a locked safe room, safe, or vault and in a manner to prevent diversion, theft, and loss.
2. The storage of cannabis and cannabis products shall only occur in the areas shown on the floor plan submitted by the applicant and shall not exceed the square footage authorized pursuant to the conditional use permit.
(Ord. 247, 1/15/2025; Ord. 252, 8/13/2025)
§ 17.236.080. Limitations on City's liability.
To the fullest extent permitted by law, the City shall not assume any liability whatsoever, with respect to approving any conditional use permit pursuant to this chapter or the operation of any cannabis business approved for such permit pursuant to this chapter. (Ord. 247, 1/15/2025)
§ 17.236.090. Inspections.
A. Recordings made by security cameras at any cannabis business shall be made immediately available to the Community DevelopmentPlanning Director upon verbal request for the purposes of determining compliance with this chapter and the cannabis business's conditional use permit.
B. The Community DevelopmentPlanning Director shall have the right to enter all cannabis businesses from time to time unannounced for the purpose of making reasonable inspections to observe and enforce compliance with this chapter and the cannabis business' conditional use permit. Such inspections shall be limited to observing the premises for purposes of determining whether the cannabis business is being operated or maintained in compliance with this Code, state law, and other applicable laws and regulations.
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No applicant or permittee shall by any means interfere with, obstruct or impede any City official from exercising their duties under the provisions of this chapter and all rules promulgated pursuant to it.
(Ord. 247, 1/15/2025)
§ 17.236.100. Enforcement.
The operation of a cannabis business in violation of any conditions of approval or the provisions of this chapter or Chapter 17.80 (Conditional Use Permits) is a violation of this Code, and a public nuisance. The City may seek to remedy such violations by any means provided for in law or equity, including, but not limited to, the enforcement mechanisms and remedies provided for in Chapter 1.16 (Code Violations) of this Code, or take action to revoke the conditional use permit pursuant to Section 17.125.150 of this Code.
(Ord. 247, 1/15/2025)
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§ 17.250.010 DEVELOPMENT CODE § 17.250.020
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RECYCLING FACILITIES
§ 17.250.010. Purpose.
These standards are designed to provide appropriate development of recycling facilities pursuant to the 1986 California Beverage Container Recycling and Litter Reduction Act (Public Resources Code Section 14500 et seq.).
(Ord. 247, 1/15/2025)
§ 17.250.020. Development standards.
A. Reverse Vending Machines.
1. Location. Reverse vending machines shall be established in conjunction with supermarkets or other commercial or industrial uses which are subject to development review (minor or major) or conditional use permits, and shall be located within 30 feet of the entrance to the commercial or industrial structure, without obstructing pedestrian or vehicular traffic, or occupying parking spaces required by the primary use.
2. Parking. No additional parking spaces for access or use shall be required.
3. Size. Reverse vending machines shall occupy no more than 50 square feet of floor area per machine, and shall be no more than eight feet in height.
4. Design. Reverse vending machines shall be constructed and maintained with durable waterproof and rustproof material, and shall be clearly marked to identify material to be deposited, operating instructions, and the identity and the telephone number of the operator or responsible person to contact in the event of machine malfunction or if the machine is inoperative.
5. Signs. Signs shall have a maximum surface area of four square feet.
6. Maintenance. Units shall be maintained in a clean litter-free condition, and shall be sufficiently illuminated to ensure safe operations at all times.
7. Operating Hours. Such facilities shall have operating hours at least the same as the primary use.
B. Mobile Recycling Units.
1. Mobile recycling units shall be established in conjunction with supermarkets or other commercial or industrial uses which are subject to approved development review or conditional use permits.
2. Mobile recycling units shall be no larger than 500 square feet and occupy no more than five parking spaces not including space needed for material removal or transfer.
3. Such facilities shall accept only glass, metals, plastics, papers and such other nonhazardous materials suitable for recycling.
4. Parking. No additional parking spaces for customer use at facilities located in established parking lots of a primary use, shall be required. Mobile recycling units 705
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5. Setbacks.
a. Units shall be set back at least 10 feet from any street line and shall not obstruct pedestrian or vehicular traffic.
b. The storage, operation and concealment of materials shall conform to the setback and development standards of the zone in which the project is located. c. Containers for 24-hour material donation shall be at least 30 feet from any residentially zoned property unless superseded by an acoustic barrier approved by the Community Development Director.
6. Storage.
a. Storage containers shall be securable and constructed of waterproof and rustproof materials.
b. Storage of recyclable materials outside of containers or mobile unit when an attendant is not present is prohibited.
c. Containers shall be clearly marked to indicate the type of material acceptable for collection. The facility shall identify the operator and hours of operation.
7. Maintenance facilities shall be maintained in a safe and litter-free condition.
8. Hours of Operation. Attended facilities located within 100 feet of any residentially zoned property shall operate only between the hours of 9:00 a.m. and 7:00 p.m.
9. Signs.
a. All on-site signs shall comply with the provisions of Chapter 17.180 (Signs). b. Directional signs may be installed, as approved, if necessary to facilitate traffic circulation.
c. A sign shall be affixed to the facility prohibiting the deposit of hazardous or toxic materials after hours or at any time an attendant is not present.
10. Noise. The facility shall not exceed noise levels of 60 dBA as measured at the exterior property line of residentially zoned property. In no event shall the noise level exceed 70 dBA.
11. Landscaping. Facilities shall be located so as not to affect the landscaping required for any concurrent land use.
12. Additional Development Requirements. Additional development standards may be required as conditions of approval.
C. Recycling Collection Facilities. Containers provided for after-hours donation shall be set back at least 50 feet from any property zoned or occupied for residential use, and shall be constructed of sturdy and durable containers that have the capacity to accommodate donated materials.
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1. Storage of Materials.
a. All exterior storage of materials shall be in sturdy weather and rustproof containers which are covered, baled or palletized; and which are secured and maintained in good condition.
b. Storage for flammable materials shall be in nonflammable containers. c. Storage for the recycling of oil shall be in containers approved by the Health Department.
2. Parking. Parking shall be provided for six vehicles or the anticipated peak customer demand load, whichever is greater. One additional parking space for each commercial vehicle operated by the facility shall be provided.
3. Noise. The facility shall not exceed noise levels of 60 dBA as measured at the exterior property line of residentially zoned property. In no event shall the noise level exceed 70 dBA.
4. Hours of Operation. If the facility is located within 500 feet of property zoned or designated for residential use subsequent to the General Plan, it shall not operate between the hours of 7:00 p.m. and 7:00 a.m.
5. Signs. All on-site signsshall be in conformance with the standards set forth in Chapter
17.180 (Signs), and shall clearly identify the responsible operating parties and their telephone numbers.
6. Power-Driven Machinery. The use of power-driven machinery shall be limited to state-approved reverse vending machines. In addition:
a. Machinery which is necessary for the temporary storage, efficient transfer, or securing of recyclable materials may be permitted with the approval of a minor development permit.
b. In the M-I zones power-driven machinery which is used to briquette, shred, transform and otherwise process recyclable materials may be approved with a conditional use permit.
7. Additional Development Requirements. Additional development standards may be required as conditions of approval.
D. Recycling Processing Facilities.
1. The processing facility shall operate totally within an enclosed building with no outside storage, and shall be located at least 150 feet from property zoned or designated for residential use pursuant to the General Plan. Outside storage shall not be permitted.
2. Setbacks, landscaping and structural requirements shall comply with the development standards of the underlying zone.
3. Storage of Materials.
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b. Storage for flammable materials shall be in nonflammable containers. c. Storage for the recycling of oil shall be in containers approved by the Health Department.
d. Storage of recyclable materials outside of containers or mobile/recycling unit when attendant is not present is prohibited.
e. Containers shall be clearly marked to indicate the type of material accepted for collection.
4. Parking. Parking shall be provided on site for the peak load circulation and parking of customers. If the facility is to service the public, parking spaces shall be provided for a minimum of 10 customers, or the peak customer demand load whichever is greater.
5. Noise. The facility shall not exceed noise levels of 60 dBA as measured at the exterior property line of residentially zoned property. In no event shall the noise level exceed 70 dBA.
6. Hours of Operation. The facility shall identify the operator and the hours of operation.
If the facility is located within 500 feet of property zoned or planned for residential use pursuant to the General Plan, it shall not operate between the hours of 7:00 p.m. and 7:00 a.m.
7. Signs. All on-site signsshall be in conformance with the standards set forth in Chapter
17.180 (Signs), and shall clearly identify the responsible operating parties and their telephone numbers.
8. The site shall be maintained in a safe and litter-free condition on a daily basis.
9. Additional Development Requirements. Additional development standards may be required as conditions of approval.
(Ord. 247, 1/15/2025)
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§ 17.256.010 DEVELOPMENT CODE § 17.256.030
Downloaded from https://ecode360.com/WI5035 on 2026-03-21 CHAPTER 17.256
RURAL EVENT VENUE
Prior History: Former Ch. 17.260 Mobilehomes, compiled of RCC Ch. 17.260; Ord. 18 § 2, 2008; repealed by Ord. 247, 1/15/2025.
§ 17.256.010. Purpose.
The purpose of this section is to provide for the orderly development within the City of Wildomar of rural event venues and bed and breakfast lodging, as these terms are defined in Article VI (Definitions). Additionally, this chapter is intended to protect the rural character and ensure the rural event venue will not result in a change to the residential character of the surrounding community.
(Ord. 247, 1/15/2025)
§ 17.256.020. Rural event venue application.
No person shall rent, offer to rent, or advertise for rent a rural event venue without a valid conditional use permit by the City pursuant to Chapter 17.80 and in the manner provided for by this chapter.
(Ord. 247, 1/15/2025)
§ 17.256.030. Development and operational standards.
A. Minimum Lot Size.
Table 17.256.020-1 Rural Event Venue Lot Size Requirements Event Center Type Minimum Lot Size
Small rural event venue 5 acres
Intermediate rural event venue 10 acres
Large rural event venue 25 acres
Bed and breakfast lodging 40,000 sq. ft.
B. Setbacks. All rural event venues shall be required to have all outdoor activities associated with the agricultural event venue (with the exception of parking) a minimum of 200 feet from the exterior property lines or as specified by the conditional use permit. An application must delineate where all outdoor activities will occur.
C. Parking. Adequate on-site parking facilities, pedestrian and vehicular circulation, and vehicular ingress and egress, shall be provided in compliance with Chapter 17.155 (Parking and Loading). Additional standards include:
1. All on-site parking areas do not need to be paved; however, they must be stabilized in order to minimize any off-site dust impacts and for compliance with water quality control purposes;
2. Adequate parking must be provided based on maximum occupancy of the site. 709
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3. If buses or limousines are proposed for off-site transport, adequate drop off and pick up locations must be provided on site.
4. Any parcel where a facility is proposed shall have access to a paved and maintained public street.
D. Signs. One externally illuminated monument sign shall be permitted and shall be located at access points to the parcel, subject to the following criteria:
1. Signs are allowed only for frontages adjoining a public street;
2. Monument signs shall not be located closer than five feet from a property line;
3. The maximum sign area shall be 20 square feet per side and not exceed four feet in height;
4. Monument signs shall contain an address plate identifying the project or use by specific street address. The address plate shall not exceed four square feet in area.
Numbers shall be a minimum of six inches in height. Address plates shall not be calculated against the allowed sign area;
5. Illumination shall be down lit and shall not be allowed to spill over into, or provide glare, to adjacent properties or rights-of-way;
6. On-site directional signage shall be no larger than 12 square feet in area and its design shall be complimentary to the monument sign.
E. Ancillary Structures.
1. If an ancillary structure is provided as part of the project approval, ancillary structures shall be permanent construction, shall be fully enclosed, or enclosable on four sides, and shall have a roof. Ancillary structures shall be complimentary in terms of size, scale, and materials used on the primary structure on the site;
2. Ancillary structures shall be consistent with all development standards of the R-R zone, as shown in Table 17.30.030-1.
F. Venue Size.
1. Small rural event venues shall be allowed a maximum event size of 150 guests or as specified by the conditional use permit.
2. Intermediate rural event venues shall be allowed a maximum event size of 250 guests or as specified by the conditional use permit.
3. Large rural event venues shall be allowed a maximum event size of 500 guests or as specified by the conditional use permit.
4. Bed and breakfast lodging - maximum capacity shall be no more than the equivalent of three guests per bedroom, excluding bedrooms utilized by the property owner and other permanent residents.
G. Number of Events.
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1. Small rural event venues shall be limited to 104 events per year.
2. Intermediate and large rural event venues shall be limited to 260 events per year.
H. Hours of Operation.
1. Rural event venues shall be allowed to operate from 10:00 a.m. to 10:00 p.m. on Friday and Saturday and from 10:00 a.m. to 8:00 p.m. Sunday through Thursday or as specified by the conditional use permit.
I. Noise. Noise levels generated from events shall be subject to the following criteria:
1. All noise generated by the event use shall conform to Chapter 9.48 (Noise Regulation), and shall be subject to the provisions contained therein;
2. Noise levels for events shall not exceed the City's noise standards, either during set up or as part of the event;
3. The applicant shall monitor and ensure that the noise levels shall not exceed City of Wildomar noise standards;
4. Any noise generating activities shall be terminated at 10:00 p.m.
J. Sanitary Facilities.
1. The cCommunity dDevelopment dDirector shall determine the appropriate quantity and location for any for sanitary facilities. All facilities shall be located on site, and shall comply with accessibility requirements and the requirements of the Riverside County Health Department.
2. Any potable sanitary facilities shall not be located any closer than 50 feet from an adjacent property with a residential use. Sanitary waste shall be removed from the site within 48 hours of any event, or determined through the minor conditional use permit.
K. Solid Waste Collection and Disposal. On-site waste collection shall be located onsite as to not create any off-site noise, odors or nuisances. Solid waste shall be removed from the site within 48 hours of any event.
L. Security. Provision for security and safety measures shall be provided, if applicable. Recent contact information shall be maintained on file with the City at all times.
M. Other Conditions. The Community Development Ddirector shall require any other conditions which will ensure the operation of the facility in an orderly and efficient manner and in full compliance with the purpose/intent of this section. (Ord. 247, 1/15/2025)
§ 17.256.040. Inspections.
The owner shall permit the City to inspect the rural event venue and/or bed and breakfast and property at any time prior to issuance of a permit, or during the operation of the rural event venue and/or bed and breakfast for the purpose of making a reasonable inspection to observe and enforce compliance with all applicable laws, rules and regulations, including the provisions of this chapter and all applicable requirements of Title 17 of this Municipal Code. The owner may be required to reimburse the City for the cost of an inspection, not to exceed the actual cost of 711
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§ 17.256.040 WILDOMAR CODE § 17.256.070
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(Ord. 247, 1/15/2025)
§ 17.256.050. Public nuisance.
It shall be unlawful and a public nuisance for any person to commit, cause or maintain a violation of this chapter. The City may, in addition to, or in lieu of, prosecuting a criminal action hereunder, commence proceedings for the abatement, removal and/or enjoinment thereof in any manner provided by law.
(Ord. 247, 1/15/2025)
§ 17.256.060. Violations and penalties, enforcement.
A. It shall be unlawful for any person to fail to comply with any of the requirements of this chapter, or operate a rural event venue and/or bed and breakfast within the jurisdiction of the City contrary to or in violation of any of the provisions of this chapter, any applicable provisions of Title 17 of this Municipal Code, or any other applicable laws, rules and regulations.
B. Violations of this chapter may be enforced by any method allowed in this Municipal Code, or any other applicable enforcement mechanism available to the City. (Ord. 247, 1/15/2025)
§ 17.256.070. Denial, suspension, and revocation of permits.
A. Denial, Suspension or Revocation. In addition to any other remedy provided by this chapter, a rural event venue permit may be denied, and if already issued, may be suspended or revoked by the City Manager, pursuant to this section.
B. Grounds. A permit issued under this chapter, and/or a City business registration issued by the City may be denied, suspended or revoked upon any of the following grounds:
1. A material misrepresentation, false or misleading information was included on the application or renewal application for a permit and/or City business registration application.
2. A violation of any provision under this chapter, any applicable provision under Title 17 of this Municipal Code, and/or any other applicable law, rule or regulation has occurred on the premises of the rural event venue.
3. An authorized official has given notification of existing health or safety violations on the property or non-compliance with applicable laws, rules and regulations relating to health and safety.
4. A rural event venue permit for the property has been suspended or revoked in the previous 12 months, unless the property has been sold and the new owner can demonstrate to the City a change of property ownership during that time period.
5. The applicant is delinquent in the payment of any outstanding fees, assessments or taxes owed to the City related to any property located in the City that is owned by the applicant, including, but not limited to, Transient Occupancy Taxes (TOT).
6. Appeal of Denial, Suspension or Revocation. The appeal procedures for the denial, 712
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7. Public Notice of Suspension or Revocation. If a rural event venue permit is suspended or revoked pursuant to this section, notification shall be provided by the City to all record property owners located within 300 feet of the subject rural event venue and/ or bed and breakfast of any imposed suspension or revocation of the permit. Posting of the suspension or revocation shall also be provided on the City's rural event venue webpage.
8. Prohibited Operations. If a rural event venue permit is revoked pursuant to this section, the applicant shall not operate a rural event venue and/or bed and breakfast at the property for a period of 12 months from the date of such revocation. No permit that is revoked by the City may be transferred to any other person or entity to operate a rural event venue at the property during such period of revocation. Termination of property use as a rural event venue.
(Ord. 247, 1/15/2025)
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§ 17.265.010 DEVELOPMENT CODE § 17.265.020
Downloaded from https://ecode360.com/WI5035 on 2026-03-21 Article VI
Definitions
CHAPTER 17.265
UNIVERSAL DEFINITIONS
§ 17.265.010. Purpose.
This chapter provides definitions of terms and phrases used in Title 17 that are technical or specialized, or that may not reflect common usage. If any of the definitions in this chapter conflict with definitions in other provisions of the Municipal Code, these definitions shall take precedent for the purposes of Title 17. If a word is not defined in this chapter, or other provisions of the Municipal Code, the Community Development Director shall determine the most appropriate definition in compliance with Chapter 17.15 (Interpretation). State law definitions, as they may be amended from time to time, take precedent over the definitions in this section. (Ord. 247, 1/15/2025)
§ 17.265.020. "A" Definitions.
Abandoned Sign. Means:
1. Any outdoor advertising display that is allowed to continue for more than six months without a poster, bill, printing, painting, or other form of advertisement or message;
2. Any outdoor advertising display that does not appear on the inventory required by Chapter
17.176180 (Signs); or
3. Any on-site advertising structure or sign that is allowed to continue for more than 90 days without a poster, bill, printing, painting, or other form of advertising or message for the purposes set forth in Chapter 17.176180 (Signs).
Abandonment. A discontinuance of any use with intent to permanently discontinue such use.
Abatement. The method of reducing the degree and intensity of pollution, nuisances or violations.
Abut. To physically touch or border upon; to share a common property line.
Access. A way or means of physical entry to a property.
Accessory Dwelling Unit. An attached or a detached dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the primary dwelling unit is situated. An accessory dwelling unit also includes an efficiency unit, as defined in California Health and Safety Code Section 17958.1, and a manufactured home, as defined in California Health and Safety Code Section 18007.
Accessory Structure. See Structure, Accessory.
Accessory Use. See Use, Accessory.
Acre. A measure of land area containing 43,560 square feet.
Acre, Gross. The entire acreage of a site is calculated to the centerline of adjacent streets. 714
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§ 17.265.050 WILDOMAR CODE § 17.265.050
Downloaded from https://ecode360.com/WI5035 on 2026-03-21 Developer. The legal or beneficial owner or owners of property to be developed or being developed, including the holder of an option or contract to purchase or other person(s) having enforceable proprietary interests in such property.
Development. Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
Development Agreement. A contract between the City and a developer through which the developer receives vested rights to construct a project subject to specific requirements benefiting the community.
Development Code. A set of land use and development regulations, as contained in Title 17 of the Wildomar Municipal Code, as adopted by the City Council which prescribes standards and regulations for land use and development.
Development Review, Major. The process established to provide for Planning Commission review and approval (or denial) of projects.
Development Review, Minor. The process established to provide for administrative review and approval (or denial) of projects.
Development Rights. The legally established right to develop land by a party or property owner.
Development Standard. A site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an on-site open-space requirement, a minimum lot area per unit requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, General Plan element, specific plan, or other City condition, law, policy, resolution or regulation.
Director. The Community Development Director of the City of Wildomar or their designee.
Disabled, or Individual with a Disability. An individual with a qualifying disability under federal and state fair housing laws. Generally, any person with any mental or physical impairment, disorder or condition, which substantially limits one or more major life activities, including physical, mental and social activities and working. "Disabled" or "individual with a disability" does not include impairments, disorders or conditions resulting from the current, illegal use of or addiction to a controlled substance, sexual behavior disorders, compulsive gambling, kleptomania, or pyromania.
Discretionary Decision. An action taken by a governmental agency that calls for the exercise of judgment in deciding whether to approve and/or how to carry out a project.
District. A zone or geographic area in the municipality within which certain zoning or development regulations apply.
Dog. An animal, domestic dog of the species canine of either sex, altered or unaltered, that has reached the age of four months.
Drainage. Surface water runoff; the removal of surface water or groundwater from land by drains, grading or other means, which include runoff controls to minimize erosion and sedimentation during and after construction or development.
Drainage Area. A geographical area, formed by topography, which collects and directs surface runoff from precipitation to natural or man-made channels.
Drive-through. Any portion of a building or development intended to allow service direct from 715
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§ 17.265.060 WILDOMAR CODE § 17.265.070
Downloaded from https://ecode360.com/WI5035 on 2026-03-21 more messages. An electronic message sign is different from an illuminated sign in that the illumination of the display creates the message, rather than illumination illuminating the message.
An electronic message sign could be used as a message delivery method for a wall sign, a monument sign or other freestanding sign.
Elevation. A vertical distance above or below a fixed reference level; a dimensioned drawing of the front, rear or side of a building showing features such as windows, doors and relationship of grade to floor level.
Emergency Shelter. A temporary, short-term residence providing housing with minimal supportive services for families or individuals experiencing homelessness, where occupancy is limited to 180 days or less, as defined in California Health and Safety Code Section 50801.
Medical assistance, counseling, and meals may be provided.
Emission. A discharge into the air or water.
Enclosed Locked Structure. A structure that: (1) does not allow for the visibility of the interior areas from the outside; (2) is secured with a lock; (3) is completely surrounded on all sides by a wall; and (4) is roofed. Enclosed locked structures may include greenhouses, provided that only the roof of the greenhouse is made of transparent glass.
Enclosure. A fence, pen or structure suitable to securely and humanely prevent the animal from escaping or the entry of unauthorized persons.
Encroachment. The placement or construction of a fence, building, structure, or other improvement or use on another's property or on a public right-of-way.
Equipment Enclosure. Any freestanding or mounted structure, shelter, cabinet, or vault used to house and protect the electronic and supporting equipment necessary for processing wireless communication signals. Supporting equipment includes, but is not limited to, air conditioners, emergency generators, and other back-up power suppliers.
Established Facility. An existing, legally permitted facility.
Estimated Applied Water Use. The average annual total amount of water estimated to be necessary to keep plants in a healthy state, calculated as provided in the Guidelines. It is based on the reference evapotranspiration rate, the size of the landscape area, plant water use factors, and the relative irrigation efficiency of the irrigation system. Also known as the "EAWU." Evapotranspiration Adjustment Factor. The local reference for evapotranspiration using sitespecific plant factors and irrigation efficiency factors that influence the amount of water that needs to be applied to the specific landscaped area. It is calculated by dividing. Also known as the "ET adjustment factor" or "ETAF."
Event. A gathering of more than 20 people for one to 12 hours where the purpose is for fundraising, profit or is political, public, social, or educational in nature. A gathering which consists of friends or family of an event center owner that is not for the purpose of fundraising, profit, or is political, public, or educational in nature and no donation or compensation of any kind is exchanged in relationship to the gathering, is not considered an event Expansion. The creation or use of additional land or floor area for a specific use or activity.
Extension. An increase in the amount of time that a permit or approval may be valid. (Ord. 247, 1/15/2025)
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§ 17.265.070 DEVELOPMENT CODE § 17.265.070
Downloaded from https://ecode360.com/WI5035 on 2026-03-21 § 17.265.070. "F" Definitions.
Façade. The exterior walls of any building.
Fair Housing Laws. The Federal Fair Housing Act (42 U.S.C. Section 3601 et seq.), the California Community Care Facilities Act (California Health and Safety Code Section 1500 et seq.), the California Fair Housing and Employment Act (Government Code Section 12900 et seq.), and Civil Code Section 54, together with published judicial decisions interpreting those laws.
Family. One or more persons living together in a dwelling unit, with common access to and common use of all living, kitchen and eating areas within the dwelling unit. Family does not include larger institutional group living situations, such as in a boarding house or hotel/motel/long-term stay.
Family Day Care Home. State-licensed facilities that provide nonmedical care and supervision of minor children for periods of less than 24 hours within a single-family dwelling.
Small. The occupant of the residence provides care and supervision for up to eight or fewer children, when specific conditions are met in accordance with California Health and Safety Code Section 1597.44.
Large. The occupant of the residence provides care and supervision for between 9 and up to 14 children, when specific conditions are met in accordance with California Health and Safety Code Section 1597.465.
Farm Operations, Commercial. See Agricultural Operations, Commercial.
Farm Operations, Noncommercial. See Agricultural Operations, Noncommercial.
Farmers' Market. An outdoor market where farmers and other producers of agricultural and related foodstuffs and products (including, but not limited to, bread, cheese, and hand-made crafts such as seasonal goods, ornaments, hand-dipped or rolled candles, hand-made soap) may bring the products for sale to the public.
Fence. An exterior physical barrier erected to enclose, screen or separate areas.
Flag. The symbol, insignia or display of a governmental or nonprofit organization when not displayed in connection with a commercial promotion or used as an advertising mechanism.
Floor Area Ratio. The net floor area of all buildings on a parcel to the total adjusted lot square footage of that parcel. FAR calculations do not include floor areas for parking structures or outdoor open storage.
Floor Area, Gross. The sum of all areas of the floors of a building or structure from the exterior face of exterior walls, or from the centerline of a wall separating two buildings but excluding any space where the floor-to-ceiling height is less than six feet.
Floor Area, Net. The total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading, and all floors below the first or ground floor, except when used or intended to be used for human habitation.
Food or Food Products. Any item described by California Health and Safety Code Section 113781.
Food Trailer. A legally attached trailer to a licensed, motorized vehicle, used in conjunction with the service of a commissary, or other permanent food facility upon which prepackaged or approved non-prepackaged food is sold, offered for sale or otherwise distributed as retail.
Food Truck. A licensed, motorized vehicle or mobile food unit licensed by the Department of 717
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§ 17.265.090 WILDOMAR CODE § 17.265.100
Downloaded from https://ecode360.com/WI5035 on 2026-03-21 Homeowners Association. An association of owners in a condominium, planned unit development or residential subdivision established to provide management of property in which they own an undivided, common interest.
Horse. Animal of the Equus genus, including mule, ass, donkey, and miniatures.
Hospital. A facility providing medical, psychiatric, or surgical services for sick or injured persons primarily on an in-patient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors.
Clinic. A facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an out-patient basis including emergency treatment, diagnostic services, administration, and related services to patients who are not lodged overnight.
Substance Abuse Treatment Clinic. A nonresidential facility that administers medication, or supervises the self-administration of medication, for substance abuse treatment.
Hospitals and Clinics. State-licensed facilities providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons. This classification includes facilities for inpatient or outpatient treatment, including substance-abuse programs as well as training, research, and administrative services for patients and employees. This classification excludes animal hospitals and veterinary clinics.
Hotel. A lodging facility offering transient accommodations to the public, typically on a less than monthly basis, and which may provide additional services, such as restaurants, meeting rooms and recreational facilities.
Household. See Single Housekeeping Unit
Hydrozone. A portion of the landscaped area having plants with similar water needs and typically irrigated by one valve/controllerstation. A hydrozone may be irrigated or non-irrigated. (Ord. 247, 1/15/2025)
§ 17.265.100. "I" Definitions.
Illegal On-Site Advertising Structure or Sign. Means any of the following:
1. An on-site advertising structure or sign erected without first complying with all applicable City ordinances and regulations in effect at the time of its construction, erection or use;
2. An on-site advertising structure or sign that was legally erected, but whose use has ceased, or the structure upon which the advertising display is placed has been abandoned by its owner, and not maintained or used to identify or advertise an ongoing business for a period of not less than 90 days;
3. An on-site advertising structure or sign that was legally erected which later became nonconforming as a result of the adoption of an ordinance; the amortization period for the display provided by the ordinance rendering the display nonconforming has expired; and conformance has not been accomplished.
Illegal Outdoor Advertising Display. Means any of the following:
1. An outdoor advertising structure or outdoor advertising sign erected without first complying with all applicable City ordinances and regulations in effect at the time of its construction, erection or use;
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§ 17.265.110 WILDOMAR CODE § 17.265.130
Downloaded from https://ecode360.com/WI5035 on 2026-03-21 salvage of any used or secondhand materials, including, but not limited to, lumber, auto parts, household appliances, pipe, drums, machinery, or furniture.
Junior Accessory Dwelling Unit. A dwelling unit that is contained entirely within a single-family dwelling or attached garage and does not exceed five hundred square feet in size. (Ord. 247, 1/15/2025)
§ 17.265.120. "K" Definitions.
Kennel. Any building, structure, enclosure, or premises whereupon, or within which, five or more dogs, four months of age or older, are kept or maintained.
Kitchen. Any room, all or part of which is designed and/or used for storage, refrigeration, cooking and the preparation of food. The presence of a range or oven, or utility connections suitable for servicing a range or oven, shall normally be considered as establishing a kitchen. (Ord. 247, 1/15/2025)
§ 17.265.130. "L" Definitions.
Land Use. A description of how land is occupied or utilized.
Land Use Permit. A permit issued by the City pursuant to the requirements of the Wildomar Municipal Code allowing a specific activity to be conducted on an individual property.
Landscape Architect. A licensed landscape architect in the State of California.
Landscape Construction Document Package. The construction plans and specification and other supporting documentation required to review and approve landscape construction projects subject to this chapter.
Landscape Plan. A plan on which shows proposed landscape species (such as number, spacing, size at time of planting, and planting details), proposals for protection of existing vegetation during and after construction, proposed treatment of hard and soft surfaces, proposed decorative features, grade changes, buffers and screening devices, and any other information that can reasonably be required in order that an informed decision can be made by the approval authority.
Landscape Rehabilitation. Any re-landscaping project that meets the applicability criteria of Section 17.165.030(A) of this chapter and where the modified landscape area is greater than 2,500 square feet or where the cumulative modified area is greater than 2,500 square feet if the modifications are planned to occur incrementally within one year.
Landscaped Area. All the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance and estimated applied water use calculations.
The landscaped area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscape, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation).
Legislative Act. The means by which the legislative arm of government renders decisions, such as minute actions, resolutions and ordinances.
Limited Access Area. A building, room or other area that is part of the premises where cannabis is grown, cultivated, stored, weighed, displayed, packaged, or sold to other cannabis businesses with limited access to only authorized personnel.
Live Entertainment. Entertainment provided by or one or more professionals and utilizing sound amplification equipment.
Living Area. The area that is considered habitable living space. Does not include the garage, 719
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§ 17.265.170 WILDOMAR CODE § 17.265.170
Downloaded from https://ecode360.com/WI5035 on 2026-03-21 nonpoisonous insects, ornamental or songbirds, fish, nonpoisonous snakes under six feet long, domesticated hedgehogs, or small animals kept in a cage such as hamsters, lizards, white mice, domestic rodents, or reptiles. Pets shall not include horses, pigs of any type, large or small livestock, or exotic animals.
Petting Zoo. A collection of farm animals, such as goats, ducks, and sheep, and sometimes docile wild animals such as turtles or deer, for children to feed and pet.
Physically Disabled. A person who has a permanent loss of, or loss of use of, a part of the body, or permanent impairment of a body function, resulting in actual disability and a diminished ability to compete in an open market.
Pig. All species and sizes of pigs and hogs, genus Sus.
Planning Department. See Community Development Department, Planning Director. See Community Development Director.
Plant Factor (or Plant Water Use Factor). A factor, when multiplied by reference evapotranspiration, estimates the amount of water needed by plants. (The plant factors cited in this chapter are derived from the Department of Water Resources 2000 publication "Water Use Classification of Landscape Species" also known as "WUCOLS.") Plat. A map representing a tract of land showing the boundaries and location of individual properties and streets; a map of a subdivision or site plan.
Plaza. An open space which is improved and landscaped, usually surrounded by streets and/or buildings.
Plot. A single unit parcel of land; a parcel of land that can be identified and referenced to a recorded plat or map.
Porch. A roofed open area, which may be screened, usually attached to or part of and with direct access to or from a building.
Poultry. Winged and feathered animals including, but not limited to, chickens, hens, roosters, ducks, geese, and turkeys. Includes both crowing fowl and non-crowing fowl.
Premises. Any dwelling, parcel of land, structure, residence, building, pen, corral, enclosure, fenced yard, or dog run.
Prezoning. The process or action by which cities are able to designate that portion of an unincorporated area for future annexation, with specific zoning districts which will apply upon annexation of the property to the City.
Primary Building. See Building, Primary.
Primary Use. See Use, Primary.
Private Recreational Facilities. Facilities including, but not limited to, country clubs, tennis and swim clubs, golf courses, racquetball and handball facilities, and commercial uses which are commonly associated and directly related to these uses.
Processing. A method that changes a material's nature, chemical composition, or physical qualities.
Professional Office. The office of a member of a recognized profession maintained for the conduct of that profession.
Prohibited Use. See Use.
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§ 17.265.200 WILDOMAR CODE § 17.265.210
Downloaded from https://ecode360.com/WI5035 on 2026-03-21 markets, auctions, open air markets or other similar activities, but the term does not include a supermarket, department store or typical retail operations. (Ord. 247, 1/15/2025; Ord. 253, 9/10/2025)
§ 17.265.210. "T" Definitions.
Target Population. Persons with lower incomes, as defined in Health and Safety Code Section 50675.14, who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (California Welfare and Institutions Code Sections 4500, et seq.) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
Telecommunications Service Provider. The private sector entity that is responsible for providing wireless communication to the general public or the private sector entity that owns or operates a wireless communication facility.
Temporary Event. An individual event held either indoors or outdoors not to exceed six times per calendar year to which the public is invited with or without charge. Temporary events include, but are not limited to, the following: music festivals, stage and/or theatrical shows, sports events, fairs and/or carnivals, rodeos, automobile sales, off-road vehicle sales, animal sales, heavy equipment auctions and tent revival meetings. Temporary events are classified as follows:
1. "Major event" means a temporary event which 2,000 or more people are expected to attend.
2. "Minor event" means a temporary event which less than 2,000 are expected to attend.
Temporary Sign. A sign that is not intended to be permanent. Temporary signs shall not be constructed or erected upon a permanent foundation or attached to a sign structure having a permanent foundation. Temporary signs shall include noncommercial signs (including noncommercial signs during an election period), real estate signs, yard or garage sale signs or event signs. All other commercial signs, not constructed or erected upon a permanent foundation, are prohibited by this chapter. If the sign is constructed or erected on a permanent foundation, it is regulated by Chapter 17.180 (Signs).
Temporary Use. All uses of a short-term nature or fixed duration listed in this chapter, which last for a duration of two days or longer and do not require permanent construction and which are approved with a specific time limit. Temporary uses include, but are not limited to, the following:
seasonal sales, such as Christmas tree or Halloween pumpkin lots, temporary parking lot dining for established restaurants, and other temporary activities that the Community DevelopmentPlanning Director determines are similar in nature and intensity to those identified in this section.
Temporary Use. Special events which, by their nature, are non-recurring and which continue for a limited period of time. Temporary uses may occur indoors or outdoors, on improved or unimproved property and should be consistent with the zone for that property and its uses.
Terrace. A level, landscaped and/or surfaced area, also referred to as a patio, directly adjacent to a primary building at or within three feet of finished grade and not covered by a permanent roof.
Time/Temperature Sign. An electronic or mechanical device that shows time and/or temperature but contains no business identification or advertising.
Total Units (or total dwelling units or total rental beds). Units added by a density bonus awarded 721
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§ 17.265.220 WILDOMAR CODE § 17.265.230
Downloaded from https://ecode360.com/WI5035 on 2026-03-21 (Ord. 247, 1/15/2025)
§ 17.265.230. "V" Definitions.
Variance. A grant of relief from the requirements of Title 17 which permits construction in a manner that would otherwise be prohibited by Title 17.
Vehicle Body Repair, Paint or Restoration. A commercial use often referred to as a body and fender shop through which damaged or wrecked vehicles are repaired or restored.
Vehicle Dismantling. See Vehicle Wrecking.
Vehicle Leasing and Rental. A business whose primary purpose is to provide vehicles to serve customer transportation needs. Such vehicles may include automobiles, trucks, bicycles, motorcycles, trailers and/or recreational vehicles.
Vehicle Repair, Major. A facility which provides heavy repair of vehicles and/or trucks including, but not limited to, body and fender repair, automotive painting, transmission and/ or engine rebuilding, or other repair services which include the removal of major automotive mechanical components of a vehicle.
Vehicle Repair, Minor. A facility which provides light repair of vehicles and/or light trucks, including, but not limited to, engine tune-up, oil change, brake repair and replacement, muffler replacement, and the sale and/or installation of tires, batteries, and accessories.
Vehicle Sales. A facility for the display and sale of new or used automobiles, light trucks, vans, trailers or recreation vehicles and including any vehicle preparation or repair work conducted as an accessory use in designated buildings.
Vehicle Storage Lot. A parcel or parcels of land utilized for long-term or short-term vehicle storage, including cars, motorcycles, trucks, light trucks and/or recreational vehicles.
Vehicle Wrecking. The dismantling and parting out of motor vehicles or trailers, or the storage and/or sale of dismantled or wrecked motor vehicles or their parts.
Vending Pod. A site containing one or more vending vehicles and associated amenities on private property.
Vending Vehicle. A motorized device or vehicle by which any person or property may be propelled or moved upon a highway or street, or which may be drawn or towed by a selfpropelled, motorized vehicle, from which food or food products are sold, offered for sale, displayed, bartered, exchanged, or otherwise given. Vending vehicle shall not include a device moved exclusively by human power.
Very Low Vehicle Travel Area. An urbanized area, as designated by the United States Census Bureau, where the existing residential development generates vehicle miles traveled per capita that is below 85% of either regional vehicle miles traveled per capita, or City vehicle miles traveled per capita. For purposes of this paragraph, "area" may include a travel analysis zone, hexagon, or grid. For the purposes of determining "regional vehicle miles traveled per capita" pursuant to this paragraph, a "region" is the entirety of incorporated and unincorporated areas governed by a multicounty or single-county metropolitan planning organization, or the entirety of the incorporated and unincorporated areas of an individual county that is not part of a metropolitan planning organization.
Veterinary Clinic. A place where animals are given medical care and where the boarding of animals is limited to short-term care incidental to the medical care. 722
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§ 17.265.230 DEVELOPMENT CODE § 17.265.240
Downloaded from https://ecode360.com/WI5035 on 2026-03-21 Video Display Sign. A sign that changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and depicts action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression or frames which give the illusion of motion, including, but not limited to, the illusion of moving objects, moving patterns or bands of light, or expanding or contracting shapes, not including electronic changeable copy signs. (Ord. 247, 1/15/2025)
§ 17.265.240. "W" Definitions.
Wall. The vertical exterior surface of a building; vertical interior surfaces that divide a building's space into rooms; fences made of block or stucco, or similar permanent material.
Warehouse. A building used primarily for the storage of goods and materials.
Water Feature. A design element where open water performs an aesthetic or recreational function.
Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscaped area. Constructed wetlands used for on-site wastewater treatment, habitat protection, or storm water best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features.
Watercourse. A lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.
Wheel Stops. Permanent devices that block the front wheels of a vehicle in a parking stall.
Wireless Communication Facilities. Facilities that send and/or receive personal wireless communication signals, including, but not limited to, antennas, microwave dishes or horns, antenna structures, towers, equipment enclosures and the land upon which they are all situated.
Wireless communication facilities are classified as follows:
1. "Concealed wireless communication facility" is a facility blended into the environment so as not to be seen at all or, if seen, not to be recognized as a wireless communication facility.
A concealed wireless communication facility includes, but is not limited to, architecturally screened roof-mounted facilities, façade-mounted design feature facilities, clock tower facilities and entry statement signage facilities. The Community Development Planning Director shall make the final determination as to whether a facility under review constitutes a concealed wireless communication facility.
2. "Disguised wireless communication facility" is a facility designed and sited so as to be minimally visually intrusive. A disguised wireless communication facility includes, but is not limited to, disguised palm trees (monopalms), disguised pine trees (monopines), disguised ball field light poles, disguised flag poles, disguised water towers, disguised street lights, disguised electric utility poles, suspended wire antennas and painted poles located within a grove of live trees. The Community DevelopmentPlanning Director shall make the final determination as to whether a facility under review constitutes a disguised wireless communication facility.
3. "Co-located wireless communication facility" is a facility owned by one telecommunication service provider that is attached to an existing facility owned by a 723
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§ 17.265.240 WILDOMAR CODE § 17.265.270
different telecommunication service provider. The Community DevelopmentPlanning Director shall make the final determination as to whether a facility under review constitutes a co-located wireless communication facility.
4. "Other wireless communication facility" is a facility that is not concealed, disguised or colocated. (Ord. 247, 1/15/2025)
§ 17.265.250. "X" Definitions.
(Ord. 247, 1/15/2025)
§ 17.265.260. "Y" Definitions.
Yard. The open space between a lot line and the required building setback line. Yards shall be unobstructed from the ground to sky. See Figure 17.150.040-1 (Setback Designations).
Front. A yard extending across the full width of the lot between the side lot lines and between the front lot line and the front setback line. The front lot line shall be deemed to be the existing nearest right-of-way line of the abutting street, road or highway, unless a different right-ofway line for future use shall have been precisely fixed by law or ordinance, or by formal action of the City Council pursuant to law or ordinance, in which event the front lot line shall be deemed to be such different right-of-way line. In the event of multiple adjacent rights-ofway in residential zones, the front of the lot shall be that portion of the lot adjacent to the lowest classification of roadway as established in the General Plan Circulation Element. For all other land use districts, the front of a lot with multiple adjacent rights-of-way shall be that portion of the lot adjacent to the highest classification of roadway as established in the General Plan Circulation Element (unless otherwise established by the General Plan). In the event that more than one adjacent right-of-way are of the same classification, building orientation shall determine the front yard in all zones.
Rear. A yard extending across the full width of the lot between the side lot lines and measured between the rear lot line and the rear setback line. Where a rear yard abuts a street, it shall meet the front yard requirements of the district.
Side. That portion of a lot adjacent to a property line that is not a front or rear yard as defined herein.
Street Side. A side yard adjacent to a public right-of-way.
Youth Center. Any facility that is operated by a public agency or non-profit entity with the sole purpose of providing educational and/or recreational services to minors. Dance studios, gymnasiums, martial arts studios, or other similar uses that provide services to both adults and minors shall not be considered a youth center.
(Ord. 247, 1/15/2025)
§ 17.265.270. "Z" Definitions.
Zone. The delineation of districts and the establishment of regulations governing the use, placement, spacing and size of land and buildings.
Zone District. A designated section of the City for which prescribed land use requirements and building and development standards are uniform.
Zoning Map. The map or maps that are a part of a zoning ordinance that delineate the boundaries 724
CITY OF WILDOMAR
CITY COUNCIL REGULAR MEETING
GENERAL BUSINESS
Agenda Staff Report # 3.1
Meeting Date: August 12, 2026
SUBJECT: Construction Contract Award - 20-Acre Park Property/Trail Phase 0-A, CIP 099-0
SUBMITTED BY: Jason Farag, Public Works Director/City Engineer PREPARED BY: Carlos Geronimo, Principal Engineer
ACTION:
1. Discuss and provide direction to City Staff regarding opening the 20-Acre Park property for public access to the park and trail and constructing a temporary parking area for public access.
2. Determine that the 20-Acre Park, Phase 0-A, Project (CIP 099-0) is exempt under the California Environmental Quality Act (CEQA) and CEQA Guidelines, pursuant to Sections 15301 (Class 1), 15303 (Class 3), and 15304 (Class 4) of the CEQA Guidelines.
3. Authorize the City Manager to either:
a. Option 1
Execute a construction contract with Act 1 Construction, Inc., in the amount of $322,764 for the 20-Acre Park, Phase 0-A, CIP 099-0 (Project) and waive any informality or irregularity in the bid; or
b. Option 2
Execute a construction contract with Act 1 Construction, Inc., in the amount of $433,446 for the 20-Acre Park, Phase 0-A, CIP 099-0 (Project) including all additive items and waive any informality or irregularity in the bid.
4. Authorize the Public Works Director/City Engineer to approve change orders not to exceed 10% of the awarded construction contract amount (contingency).
5. Adopt a Resolution entitled:
RESOLUTION 2026 - _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA
APPROVING PROJECT PLANS, SPECIFICATIONS, CONTRACT DOCUMENTS, AND AWARDING A CONSTRUCTION CONTRACT FOR THE 20-ACRE PARK AND TRAIL, PHASE 0-A, CIP 099-0 (“PROJECT”). AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION CONTRACT WITH ACT 1 CONSTRUCTION, INC.
SUMMARY:
Discussion about public access to the 20-Acre Park Property/Trail and award of a construction contract for the 20-Acre Park, Phase 0-A, CIP 099-0
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BACKGROUND:
The City's Planned Parks Network in the General Plan identifies a proposed 20-Acre Park (Park) located northeast of Palomar Street and southwest of Gierson Avenue. The planned Park includes various proposed amenities including a network of trails, picnic tables, exercise stations, interpretive panel, a community garden, bike racks, a butterfly/pollinator garden, information kiosks, drinking fountains, pet stations, a disk golf course, bird observation area, raptor perch, solar lighting, bench seating, lawn playfield, shade structures, bridge crossing, gates, restrooms, and natural drainage swales.
Improvements associated with the Park include parking lots, utilities, stormwater improvements, and street improvements.
The total construction cost for the Park exceeds available funding. Staff is actively looking to complement existing local funds with grant funding which takes time and are not guaranteed.
Since there is a need to meet contractual obligations from the Purchase and Sales Agreement (Agreement) from the original acquisition of the Park property, and to take advantage of the existing natural open space of the site, the City has pursued a phased approach for the improvements so that the site can be improved and utilized as funds become available. Below is a summary of the current park phasing.
Phase 0
Phase 0-A - Installation of fencing, fence screening, and gates as required by the Agreement.
Phase 0-B - Installation of a parking lot on Palomar St. and a bridge from the parking lot to the Park property and trails, as required by the Agreement.
Phase 1
Construction of an enhanced trail network within the Park property, and landscaping improvements.
Phase 2
Ultimate build-out of the proposed park amenities.
The initial phase (Phase 0-A) of the Park includes the installation of security fencing, gates, tree removal, and the optional construction of a temporary parking area at the northern end of the site adjacent to Gierson Avenue. Phase 0-A will meet some of the City's contractual obligations under the Agreement and could optionally also make the site accessible to the public for enjoyment of the natural open space and trail system.
DISCUSSION:
Public Access for the 20-Acre Park Property and Trail
The 20-Acre Park Property is an existing vacant property with vegetation, irrigation, and an unimproved walking path/trail. Since the City acquired the property in 2023, the property has remained closed to the public. The City performs routine maintenance of the property to maintain the property in a safe condition. As part of the Purchase and Sale Agreement with the prior owner, the prior owner has permission to continue use of the existing trails and walking on the property, ahead of the opening of the park to the public.
Design and construction of the Park has taken longer than originally anticipated, and based on the latest construction cost estimates, adequate funds to proceed with the construction of Phase 1 of the Park have not been identified. However, the City has various contractual obligations under the Purchase and Sale Agreement that must be met by February and September 2027. Although there is no funding available for Phase 1 of the Park, the park has an existing unimproved walking path/trail that can be used for recreational purposes, so the 726
City may consider allowing public access to the Park Property/Trail so that the public can benefit from the existing open space area. Options for opening the Park Property/Trail for public access include:
1. Opening the existing pedestrian gate on the westerly end of Gierson Ave. to allow for pedestrian access into the property.
2. Constructing a temporary parking area on the Park property with access from the westerly end of Gierson Ave.
3. Constructing a parking lot on Palomar St. and a bridge across the Flood Control channel to connect the parking lot and the park property.
Note: Under the Agreement, the City is obligated to construct a new bridge from the Palomar St. parking lot parcel to the Park property by September 30, 2027. Work on this option is progressing but is not estimated to be complete until at least mid-2027.
Other options for public access that are not yet in progress or have not been fully evaluated include:
Constructing the cul-de-sac extension of Gierson Ave. and permanent Gierson Ave. parking lot per the ultimate park plans.
Providing pedestrian access to the Flood Control channel and the existing wooden bridge from S. Pasadena St.
It should be noted that if public access is allowed on the Park property, the property and existing trails would be opened in an "as-is" condition. The City will not be performing routine maintenance of the walking path/trail to preserve the natural condition, and the City would only continue with the on-going routine maintenance of the property which primarily includes weed abatement and as-needed tree trimming. Since the property will function as an open space area in its existing condition, members of the public who choose to enter into the property should not expect that the property and trail system are improved or maintained and they would be entering and using the property and trails at their own risk. Advisory signage regarding this can be placed at the property entrance locations to advise the public of this information.
Staff recommends that the City Council discuss Public Access to the Park Property and use of the trails and provide direction to staff regarding what public access option to proceed with, or to not proceed with public access at this time.
Construction Contract Award
As previously noted, the City has various obligations under the Purchase and Sale Agreement that must be met by February and September 2027. To meet the February 2027 deadlines, a bid package for the Project which included construction plans, technical specifications, and bid documents were prepared and advertised for construction bids following City Municipal Ordinances for Formal Bid process. The Project was advertised for bids on July 16, 2026. Bids were accepted until 3:00 pm on August 5, 2026.
The City Clerk received three (3) timely bids, as summarized in Table 1 below. The bid package includes a Base Bid for items that the City must complete to meet contractual obligations under the Purchase and Sale Agreement, and also includes Additive Bid items for the installation of a temporary parking area on the park property west of Gierson Ave. This temporary parking area would be removed when the Park is developed and improved at a future time, but would provide temporary vehicular access to the Park Property from Gierson Ave for trail access.
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Table 1 - Bid Summary for Project
CONTRACTOR
BASE BID
AMOUNT
ADDITIVE BID
AMOUNT
TOTAL BID
AMOUNT
HL Hitchcock $297,290.00 $130,000.50 $427,290.50
Act 1 Construction $322,764.00 $110,682.00 $433,446.00
Leonida Builders, Inc. $358,043.50 $199,684.00 $557,727.50 The combined "Base Bid + Additive Bid" was used as the basis of establishing the lowest responsive bidder. The Engineer's Estimate for "Schedule A + B" was $470,000. Staff has reviewed the bid packages submitted by the bidders, checking the bid packages for compliance with the contract documents and has determined that Act 1 Construction is the responsible bidder submitting the lowest responsive bid. Both the HL Hitchcock and the Leonida Builders, Inc., bids failed to acknowledge the addendums that were issued by the City. The bid documents indicated that "[b]ids shall include all addenda or clarifications issued during the bidding period acknowledged by the bidder’s signature thereon" and that "[f]ailure to do so include or acknowledge an addendum or clarification will result in the Bid being rejected as not responsive." As a result of the failure to sign the acknowledgement of the City's addenda, HL Hitchcock and Leonida Builders have been deemed non-responsive. No other material irregularities were found in any of the bids received.
The Experience/Qualifications Statement that was submitted with the bid documents indicate that Act 1 Construction has engaged in contracting under the current name for thirty-five (35) years and has not failed to satisfactorily complete a contract. A list of three (3) completed projects were listed for reference, were performed for cities and ranged in value from $5.7 million to $12.9 million. The projects were completed for the Cities of Perris and Menifee. Act 1 Construction holds a valid and current Class A General Contractor’s license in the State of California, with no enforcement actions listed. Act 1 Construction has a current and valid DIR registration with number 1000004899 and expires on 6/30/2027. Act 1 Construction's Bid Proposal is included as Attachment A.
The construction contract allows 60 working days to complete the required work. If approved, the Notice to Proceed (NTP) is planned to be issued to the contractor on or around August 31, 2026. Based on issuing a NTP on this date, the contract completion is projected to be October 30, 2026 (barring time extensions due to change orders or inclement weather). Based on the City Council's direction regarding public access to the Park property, staff recommends that the City Council authorize the City Manager to either:
1. Option 1
Execute a construction contract with Act 1 Construction, Inc., in the amount of $322,764 for the 20-Acre Park, Phase 0-A, CIP 099-0 (Project) and waive any informality or irregularity in the bid; or
2. Option 2
Execute a construction contract with Act 1 Construction, Inc., in the amount of $433,446 for the 20-Acre Park, Phase 0-A, CIP 099-0 (Project) including all additive items and waive any informality or irregularity in the bid.
A copy of the draft Contract is included as Attachment B. Staff will complete the contract based on the direction provided by City Council.
Staff also recommends the City Council authorize the Public Works Director/City Engineer to 728
approve change orders not to exceed 10% of the awarded construction contract amount (contingency).
ENVIRONMENTAL ANALYSIS:
MSHCP
Beginning July 1, 2008, the RCA started requiring that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90-days of construction contract award.
Fees outside the public right of way are calculated on a cost per gross acre basis, while fees for typical right of way improvement projects are five percent of construction costs. The project is not exempt from MSHCP fees and therefore is required to pay fees as established by the Riverside Conservation Authority (RCA).
California Environmental Quality Act (CEQA)
CEQA Analysis was performed in accordance with the requirements of the California Environmental Quality Act (Public Resources Code § 21000, et seq. (“CEQA”)), a review of the potential environmental impacts was conducted by the Planning Department for the 20- Acre Park Project (CIP 099) – Phase 0-A. Based on this evaluation, staff has determined the project meets the requirements of the following Categorical Exemptions per Article 19 of the CEQA guidelines:
Section 15301 (Existing Facilities) Class 1 includes minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.
Section 15303 (New Construction or Conversion of Small Structures) Class 3 consists of construction and location of limited numbers of new, small facilities or structures.
Section 15304 (Minor Alterations to Land) Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes.
FISCAL IMPACT:
The City's current Capital Improvement Program (FY 2026/2027 CIP) and City budget were approved and adopted in June 2026. Included in the adopted FY 2026/2027 CIP was an overall construction budget for the Project of $1,200,000. This budget accounted for both Construction and Construction Admin/Inspection costs of Phase 0-A and Phase 0-B. The Contractor's bid with or without additive bid items is within the overall project budget.
Construction Funding
DIF Park Imp. (Fund 461)
Construction Administration/Inspection Funding
DIF Park Imp. (Fund 461)
ATTACHMENTS:
Presentation
Resolution
A - Act 1 Construction - Bid Proposal
B - Public Works Contract (DRAFT)
729
C - 20-Acre Park Bid Documents Plans
D - 20-Acre Park Bid Documents Technical Specifications 730
Award of Contract for
Phase 0-A of the 20-Acre Park and Trail
CITY OF WILDOMAR
Public Works/Engineering Department • City Council Meeting • August 12, 2026 731
Target Completion:
Winter 2026
Cost Estimate: $435,000
PHASE 0A
Fencing and
Access
●Installation of screened fence at sliver property and new gates at existing pedestrian and vehicle bridges.
●Optional temporary gravel parking lot within the park
property, southwest of Gierson Avenue..
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Target Completion:
September 2027
Cost Estimate: $750,000
PHASE 0B
Bridge &
Palomar Street
Parking Lot
●New bridge
●Palomar Street parking lot improvements and Palomar
St. access
● Clearing and grubbing, and minor grading.
● Recycled Waterline and Irrigation Meter.
● Irrigation repairs/upgrades.
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Target Completion: TBD
Cost Estimate : $4,200,000
PHASE 1
Park
Infrastructure &
Trail
●Gierson Avenue extension and parking lot
●Public prefabricated restrooms
●Site improvements and utilities
●Trail network development
●Irrigation for landscape and existing trees.
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PHASE 2
Park
Beautification
& Buildout
●Landscape improvements
●Trail enhancements
●Final park beautification and amenities
●Long-term park buildout
Target Completion: TBD
Cost Estimate : $2,550,000
735
Public Access/Trail Use
1 Open Existing Pedestrian Gate on Gierson Ave. for Public Access/Trail Use 2 Construct a temporary parking area on the Park property with access from Gierson Ave.
3 Wait for the construction of the parking lot on Palomar St. and the construction of the new bridge.
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Existing Pedestrian Gate
737
Temporary Parking Area
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Temporary Access
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Build out Access
740
Palomar St. Parking Lot
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Alternative Access Options
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Alternative Access Options
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Phase 0-A Contract Award
CONTRACTOR BASE BID
AMOUNT
ADDITIVE BID
AMOUNT
TOTAL BID
AMOUNT
HL Hitchcock $297,290.00 $130,000.50 $427,290.50
Act 1 Construction $322,764.00 $110,682.00 $433,446.00
Leonida Builders, Inc. $358,043.50 $199,684.00 $557,727.50 Staff recommends that the City Council authorize the City Manager to either:
• Option 1: Execute a construction contract with Act 1 Construction, Inc., in the amount of $322,764; or
• Option 2: Execute a construction contract with Act 1 Construction, Inc., in the amount of $433,446 including all additive items.
Staff also recommends the City Council authorize the Public Works Director/City Engineer to approve change orders not to exceed 10% of the awarded construction contract amount (contingency).
744
Questions?
20-Acre Park Project • City of Wildomar
745
RESOLUTION NO. 2026 - ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,
CALIFORNIA APPROVING PROJECT PLANS, SPECIFICATIONS,
CONTRACT DOCUMENTS, AND AWARDING A CONSTRUCTION
CONTRACT FOR THE 20-ACRE PASSIVE PARK AND TRAIL, PHASE 0- A, CIP 099-0 (“PROJECT”) AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION CONTRACT WITH ACT 1
CONSTRUCTION, INC.
WHEREAS, On July 13, 2023 the City entered into a Professional Services Agreement with Architerra Design Group for the development of construction documents (plans, specifications, and cost estimates) of the 20-Acre Park Project (CIP 099) (“Overall Project”); and
WHEREAS, due to project costs to build the proposed improvements and contractual obligations related to the Purchase and Sales Agreement with CAFH, the City has decided to phase the Overall Project; and
WHEREAS, Plans, Specifications, and Contract Documents were prepared for the initial phase of the Overall Project (Phase 0-A, “Project”) and accepted by the Public Works Director/City Engineer on July 15, 2026; and
WHEREAS, as part of the required public bidding procedures on July 16, 2026, the City advertised the Project to solicit bids for construction of the Project; and WHEREAS, on August 5, 2026, the City received a total of three (3) bid proposals from contractors for the construction of the Project; and WHEREAS, City staff has reviewed and evaluated the bid proposals submitted and recommends Act 1 Construction, Inc., as the lowest responsive and responsible bidder for the construction of the Project.
NOW THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the Wildomar City Council, in regular session assembled on August 12, 2026, that:
SECTION I. The City Council accepts and exercises its discretion to approve the Plans, Specifications, and Contract Documents for the Projects; and SECTION II. The City Council delegates its discretionary authority to the City Manager, City Engineer, and the Public Works Director to approve future revisions to the Plans, Specifications, and Contract Documents for the Project; and SECTION III. The City Council waives any irregularities in the bid proposal submitted by Act 1 Construction, Inc., for the Project and authorizes the City Manager to execute a Construction Contract with Act 1 Construction, Inc., for the construction of the Project; and
SECTION IV. The City Council finds that the Project is exempt under the California 746
Environmental Quality Act (CEQA) and CEQA Guidelines, pursuant to Sections 15301 (Class 1), 15303 (Class 3), and 15304 (Class 4) of the CEQA Guidelines, and authorizes the Community Development Director and/or the Public Works Director/City Engineer to file a Notice of Exemption with the County of Riverside County Clerk/Recorder and the California State Clearing House for the Project.
PASSED, APPROVED, AND ADOPTED this 12th day of August, 2026 Carlos Marquez
Mayor
APPROVED AS TO FORM: ATTEST:
Thomas D. Jex Janet Morales Garcia, CMC
City Attorney City Clerk
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Section A.
Bidder's Checklist
All items on the Bidder's Checklist must be initialed and dated for the Proposal to be considered complete. The City of Wildomar reserves the right to award a Contract in a manner and on the basis which will best serve the City, taking into consideration the information in the statement of bidder's Experience/Qualifications and past work history with the City.
The bidders' attention is especially called to the following Bid Proposal Forms which must be executed in full as required.
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PART I. Bid Schedule and Bid Form
Bid Schedule
The unit prices bid must be shown in the space provided. The total bid price must be shown in the space provided.
Initial: \ Date: Aug 4, 2026
Bid Form
To be filled in and si ned by the bidder.
Initial: r Date: Aug 4, 2026
PART II. Bond Accompanying Bid
This bond is to be executed by the bidder and the surety company unless bid is accompanied by cash. The amount of this bond shall be not less than ten percent (10%) of the total amount bid and ma be shown in dollars or on a percentage basis.
Initial: Date: Aug 4, 2026
PART III. Non-Collusion Affidavit
A Non-Collusion Affidavit must be filled out, signed, and submitted with the bid proposal for the bid ments t considered complete.
Initia Date: Aug 4, 2026
PART IV. Experience/Qualifications
A statement of the Bidder's Experience/Qualiifcations must be filled out, signed, and submitted with th pr^opo aLfoi-the bid documents to be considered complete.
Initial:. Date: Aug 4, 2026
PART V. Designation of Subcontractors
A Designation of Subcontractors must be filled out and submitted with the bid proposal for the bid documents to be considered complete.
19 749
Initial: Date: Aug 4, 2026
PART VI. Insurance Requirements
Part III, Section 22 of the Agreement for Construction Services, for this project have been read and and rstood.
Initial: Date: Aug 4, 2026
PART VII. Project Inspection (NOT REQUIRED)
PART VIII. Bond Requirements
The bidder understands that a performance bond issued by an approved surety equaling one hundred percent (100.0%) of the Contract amount will be required. A payment bond equaling one hundr ercp.ut-(-40-.0%) of the Contract amount will also be required. Initial \ Date: Aug 4, 2026 PART IX. Completion
The City makes no guarantee as to the method of work chosen by the bidder. It is the bidder's responsibility to plan and schedule the work in order to complete the work in the time specified.
Initial: Date: Aug 4, 2026
PART X. Addenda
The bidder acknowledges that he must sign and attach any applicable addenda to the bid propos . Initial: \ Date: Aug 4, 2026
20 750
Section B.
Bid Proposal Form
Proposal To: The Honorable Mayor and City Council
City of Wildomar
Wildomar, California
The undersigned bidder hereby proposes to furnish and deliver all necessary labor, tools, material, tax, transportation, services, equipment and other means of construction to perform the work required for the completion of the project entitled 20 ACRE PARK PROJECT CIP 099 Phase OA, in accordance with the plans, specifications and other contract documents, together with all Addenda issued by the City of Wildomar prior to the opening of the bid proposals, if any, now on file at the office of the City Clerk located at 23873 Clinton Keith Road, Suite 201, Wildomar, California, 92595. The amount set forth on the Bid Schedule includes all labor, materials, transportation and services necessary to complete said work, including State of California and local sales or use taxes, license or permit fees, if any.
Said bidder declares that it has read the accompanying Invitation to Bid and Instructions to Bidders, has carefully examined the location(s) of the proposed work, and has examined all contract documents, drawings and addenda issued by the City, and that it will contract with the City to construct and complete the project in satisfactory condition, has completed the Bidder's checklist and all other bid documents set forth in Part II, Sections B through G.
If awarded the Contract, the bidder expressly agrees to begin work not later than fifteen (15) days after being notified in writing by the City Engineer to commence work on the project. The Bidder further agrees to complete all work required under the Contract within Sixty (60) Working Days, as that term is defined in Section 4 of the Agreement, upon the issuance of the Notice to Proceed, and to accept in full payment therefore the price indicated on the Bid Schedule.
The bidder acknowledges it understands that a waiting period from time of bid opening until award may be sixty (60) days during which time the bid may not be withdrawn. The bidder further acknowledges that it has adjusted the bid price to include all possible items which may influence the proposal during the waiting period. Requests for bid price change due to the delay shall not be agreed to by the City.
As provided in the Bidder's Checklist, enclosed is a ( ) cash deposit, ( ) cashier's check, (X) surety bid bond (check as appropriate) in an amount of not less than ten percent (10.0%) of the amount of the bid. If a bid bond was submitted, the name of the Surety is Atlantic Specialty Insurance Company in an amount not less than ten percent (10%) of the amount bid. If the enclosure is a check or bond, it is made payable to the City of Wildomar. 21 751
The undersigned bidder agrees that the enclosed cash deposit, cashier's check, or surety bond accompanying this proposal, shall be left on deposit with the fund out of which the expenses of preparation and printing of the plans and specifications, estimates of cost, and publication of notice are paid. The undersigned bidder further agrees that this amount is the measure of the liquidated damages which the City will sustain by the default of the undersigned through failure to execute and deliver the above agreement and bonds within ten (10) days of written notice of the award of the contract to the undersigned and that the money or surety bond so deposited shall be collectible and become the property of the City in case of such default.
As required by the Public Contract Code section 4104, the subcontractors listed on the Designation of Subcontractors form constitute each subcontractor and the address and location of place of business of the mill, shop or office of each subcontractor who will perform work or labor or render service to the undersigned bidder in or about the construction of the work hereinabove described in excess of one-half of one percent (0.5%) of the total bid or, in the case of bids or offers for the construction of streets or highways, including bridges in excess of one half of one percent (0.5%) of the Contractor's total bid or ten thousand dollars ($10,000.00), whichever is greater, and the portion of said work which will be done by each subcontractor, if the contract for the said work is awarded to the undersigned.
All bidders shall complete all of the following:
Contractor's Name (Printed): Act 1 Construction, Inc.
Bidders Signature:
Bidder's Name (Printed): Don Trenholm
Bidders Title: President
Address: 444 Sixth St., Norco, CA 92860
Phone Number: 951-735-1184
Email Address: [email protected]
Date: August 4, 2026
Contractor's License Number: 657517
Contractor's License Classiifcation: A, B, C8, C12, C29 Contractor's License Exp. Date: April 30, 2028
(NOTE TO BIDDERS: No bid shall be valid unless signed by the person making the bid. If the party is an individual, the same shall be signed by the individual; if the party is a partnership, the name of the partnership shall be given and signed by one of the partners; if the same is a 22 752
corporation, the bid should be signed by the corporation by its properly authorized officer or officers.)
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Don Trenholm Bidders Name (Printed):
President Bidders Title:
Date: Aug 4, 2026
26 754
Executed in duplicate
Section D.
Bidder's Bond
We Act 1 Construction, Inc :,s Principal, and Atlantic Specialty Insurance Company Surety are hound unto the City of Wildomar, hereafter referred to as "Oblige", in the penal stun often percent ( I 0%) of the total amount of the bid of the Principal submitted to the Oblige for the work described below, for the payment of which sum we bind ourselves, jointly and severally, 't IlE CONDITION OF TIIIS OBLIG:tTION IS SUCH, Tl1AT:
WHEREAS, the Principal is submitting a bid to the Obligee, for 20-Acre Park Project CIP 099 - Phase OA (('apt' here the ewer deccrrpnon aIaark. +nclud+q fucanon, a,,]! apprurs an the proposal) for which bids are to be opened at ./ L' / ( 7': 'h lE (L- (Insert place +,here bids rill he apcncd)
on
NOW, THEREFORE, if the Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a «Titten contract, in the prescribed form, in accordance with the bid, and files two bonds with the Oblige, one to guarantee faithful performance (if specified in the contract) of. the contract and the other to guarantee payment fir labor and materials as provided by law, then this obligation shall be null and void; otherwise, it shall remain in full force.
In the event a suit is brought upon this bond by the Oblige and judgment is recovered, the Surety shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney's fcc to be fixed by the court.
Dated: July 27th 2026
Atlantic SpeciaIt1osurance Company
*y
s Alliso Campo, A torney-In-Fact
Business Address Atlantic Specialty Insurance Company
Construction Principal 42AY
l1t:sn ess Address Act 1 Construction, Inc
444 6th St 605 Highway 169 North, Suite 800
Plymouth, MN 55441 Norco, CA 92860
CcW'I'IFICATE OF ACKNOWLEDGMENT
City of Wildomar
County of
On this day of in the year 2026 before me, a notary public in and for the county and state aforesaid, pe nil1appearcd / .4 /)ante, -u+-lv,c-,
name is subscribed to the within instrument and known to me to be the Attorney-in-Fact of and acknowledgment to me that he (she)
known to me to be the person
subscribed thejamof the said company thereto as surety, and his (her) own name as Attorney-in-Fact. (SEAL)
.''n+ary Public
*Note: 'I'hc signature of the Surety must he done heforc a Notary Public and acknowledgements with appropriate seals attached hereto. Also, the Surety must he authorized and licensed by the California Insurance Commissioner as an "admitted surety insurer."
'Set 0 (O v4Du1 27
755
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE NQ u 65% i
SAN FRANCISCO
deA Certificateenof Authority
THIS IS TO CERTIFY THAI Pursuant to the Insurance Code of the State ofCalifornia, Atlantic Specialty Insurance Company
of New York , organized under the
laws of New York , subject to its Articles of Incorporation or otherfundamental organizational documents, is hereby authorized to transact within the State, subject to all provisions ofthis Certificate, the following classes of insurance:
Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, Cotnaon Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, and Miscellaneous as such classes are now or may hereafter be deifned in the Insurance Laws of the State of California.
THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation ofany, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. 16th IN WITNESS WHEREOF, effective as ofthe
day of September 2011 , 1 have hereunto
set my hand and caused my official seal to be affixed this 16th day of September 2011
Dave Jones
Insurance Commissioner
By `/d
Valerie J. Sarfaty for Nettie Hoge xxgaxnx Chief Deputy NOTICE:
Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Code Section 701 and will be grounds for revoking this Certificate of Authority pursuant to the convenants made in the application therefor and the conditions contained herein.
rnnW r OSP 00 39351 756
[intact] INSURANCE Power of Attorney
KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANC.E COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Allison Oeampo, Michael R. Strahan, each individually if there be more than one named, its true and lawful Attorney-inFact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the President, any Senior Vice President or Vice-President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney-in-Fact and revoke all power and authority given to any such Attorney-inFact.
Resolved: That the Attorney-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney-in-Pact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney-in-Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof.
This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney-in-Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.
IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this first day of January, 2026.
pPP01t"
p.ain SEAL "-m
toss 1986 0 By
STATE OF MINNESOTA \ s> clv HENNEPIN COUN•I'Y tt tc ,• Sarah A. Kolar, Vice President and General Counsel On this first day of January, 2026, before me personally came Sarah A. Kolar, Vice President and General Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and she acknowledged the execution of the same, and being by me duly sworn, that she is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company.
ALISON D. NASH-TROUT
NOTARY PUBLIC - MINNESOTA
-
fvly Commission Expires
January 31, 2030
,IJk
Notary Public
1, the undersigned, Assistant Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force.
Signed and sealed. Dated 27th day of July 2026 ,,\ v trts A•... _' SEAL m
=,r 1986 ;
,, + tfcv This Power of Attorney expires
January 31, 2030 Nicole L. Pelletier, Assistant Secretary Please direct bond verifications to jv'.: intactinsurance.com 757
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certiifcate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California County of San Diego
On 7/27/2026 before me, E.B. Strahan, Notary Public
personally appeared Allison Ocampo
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and offici eal.
E B STRAHAN
` Notary Public California ,
San Diego County >
Commission x 2557108
Signature (Seal) r o '',My Comm. Expires Jun 25, 2030
758
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 <. ,:r. ,... ; :;cM :t;r v < _. ^,.;•^< t.r .r.::<.A r 1;r cr.cc'rc A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Riverside
On August 04, 2026 before me, Cheri L. Bower, Notary Public Date Here Insert Name and Title of the Officer
Don Trenholm personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(g) whose name( is/ subscribed to the within instrument and acknowledged to me that he/Xbc CDc ) executed the same in his/ tit authorized capacity(), and that by his/ ti- signature) on the instrument the person(), or the entity upon behalf of which the person(g) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
CHERI L. BOWER WITNESS my hand and official seal. o q COMM. #2458069 z Notary Public California o i
Z ':••J M Cemm. Riverside ExpiresCounty Aug. S, 2027 Signature /% '; Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Number of Pages:
Capacity(ies) Claimed by Signer(s) Signer's Name: Don Trenholm X Corporate Officer - Title(): President
Partner - -_; Limited General
Individual Attorney in Fact
Trustee - Guardian or Conservator
Other:
Signer Is Representing: Act 1 Construction, Inc
Signer's Name:
Corporate Officer - Title(s):
Partner - Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer Is Representing:
©2015 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 759
Section E.
Non-Collusion Affidavit
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
I, the undersigned, an authorized representative of Act 1 Construction, Inc. being first duly sworn, deposes and says that the forgoing bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Contractor's Name (Printed) Act 1 Construction, Inc.
Bidders Signature:
(Same Signature as on Bid Proposal Form)
Don Trenholm Bidder Name (Printed):
Bidders Title: President
Date: August 4, 2026
**See attached Jurat"
Signature of Notary Public
28 760
JURAT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Riverside
Subscribed and sworn to before me on this 04th day of August ___ 2026 _ by Don Trenholm
proved to me on the basis of satisfactory evidence to be the person(K) who appeared before me. CHERI L. BOWER
o COMM. #!2458069 z
t s Notary Public • California
Riverside County Comm. Expires Aug. 8, 2027
Public
Signature (Seal)
- ----- -------- ----------- - -- -.
OPTIONAL INFORMATION INSTRUCTIONS
,•i Ifio nvnfiaj ofJi/J:uafs cetl4 :&'cl irr (f/arut alter J,;u/Jry 1, 2015 m ust La is tha fain !; as ct k I!i wit/In this Jura! T1u:,e r„n no oaccpfions 11 a iota! to bo comp ;Ml ilo s no! fitow 11w fcm,, 11w aor.n}• necl carer! (1,.: s.:,l'ir;.l; it; ,r:: rl ,, Pita! .l:nip csrilainh; tie.- cwrcc! uurdu,g u, allatJ)!ny r) scp.uc;rr ju,r:i learn suds as IAis One ts:fb dog:: ccnla4) !bo prnpr:r r.ordi,rll. rr, addil o,), o,o ,:or,r, y nw::r ,cyu.7e err uaa, or alsrrrxUN7r from U!o DESCRIPTION OF THE ATTACI-IED DOCUMENT d.,r.r,nranf :;1 r;-ar rcq;uding li,.r !u litelrw ; or o; . eonh,k: or Ilrc docru v:ul. T1,u documarl,uusr Iro :ar o d 1/I-IL!? 11w oath nr o!!inna!io:. ii ID.r rlocumcol was ) cvious J ! • rv s'jpuxl. if rmrs! 1w:e-eiqu:al in lronl of fhc noLvy pubic during!!::' jv:al p:occ s ( ile or description of allact,ed dxumcntj
• State and county infonnaluon must ba the slate and county here the -
document signers) pcieonally /if pcarcd bclorc the notary public. rw (Title rr dc' tcptian of aGedted dsamsr;rd conbnrtad) • I)afc of notmizairuo, mu::! 1)c tilt dal„ Ilu: srgnea(s) pewnnally appeared which nlua al ;o be the Came date the jurat process is conlrlefed Number of Pages __ DO:ulr}P.Itt Date -__ • Print the narne(::) of flue dueun,unl si9rrcr(s) who personally appear at it iii lime of nolmizalron.
..-. _.._. - -_.- _.._-_ _-..---_------ -- _ ... • Sigiialuo, of the 11oilly i bitC niu :t I11atch the 31r,ni11111C n11 the with Iho ll fsddubo11JI,ntrBlllaflpl olllcc of the• county Clot It. I'I • the notary seal impression nne;t he clear and pholograplticalt y ueproducab!e Imprcesiun must not cover text or lines. If seal inlpres:ion smudges, re-seal if a sutticienl area permits, othervrise comp!ele a different jurat fome it
ll Addilio,eii info,nlalnni I:. not re(fu,re(1 l,uf could ho!f, !i to ensure Ibis jural is rlol misused or atlachud to a (lick tCnl (lucun)ent.
lod,catc tithe ra typo of attached rioeumenl, nsn»tssr rd It pages and date. Is • Securely attach this document to the signed document with a slapte. 761
Section F.
Experience/Qualifications Statement
The bidder has been engaged in the contracting business, under the present business name for 35 years. Experience in work of a nature similar to that covered in the proposal extends over a period of 35 years.
The bidder, as a Contractor, has never failed to satisfactorily complete a Contract awarded to him, except as follows:
The following contracts have been satisfactorily completed in the last three (3) years for the persons, firm or authority indicated, and to whom reference is made:
Contract Owner/Agency for
Year Type of Work Amount Whom Work was
Performed
2025 Copper Creek Park & ammenities $5.7 mil i`y of Perris essisa Galloway ow 951-287-9906
2024 Fire Station #5 - New $8.9 mil City of
Bryan Tuschhoff schee 949-300-3888
2026 Foss Field Park & ammenities $12.9 mil Jessica City c a Gallisoway 951-287-9906 The following is a list of plant and equipment owned by the bidder, which is definitely available for use on the proposed work as required.
Quantity Name, Type and Capacity Condition Location
1 Skiploader used Norco
1 Reachlift used Norco
1 Water Truck used Norco
Act 1 Construction, Inc. Contractor's Name (Printed):
Bidders Signature:
Bidders Name (Printed):
Bidders Title:
Date:
Don Trenholm
(Same Signature as on Bid Proposal Form)
President
August 4, 2026
29 762
ADDENDUM No. 1
For
CIP 099 Phase OA, 20-Acre Park Project
The following amendments and clarifications are made to the Bid Documents for the 20-Acre Park Project CIP 099 - Phase OA.
Response to Proposers' Questions
Question 1 - What is the engineer's estimate for the project? Response: The Engineer's Estimate for the project is S470, 000.
Question 2- Please confirm whether this project is subject to a PLA (Project Labor Agreement), a PSA (Project Stabilization Agreement), a CBA (Collective Bargaining Agreement), a CWA (Community Workforce Agreement), or any other union agreements of that nature?
Response: The project is not subject to a PLA, a PSA, a CBA, a CWA, or any similar union agreement.
Question 3- Is this project subject to State Prevailing Wage Rates OR Federal DavisBacon Wage Rates (or both)? Response: This project is subject to California State prevailing wage requirements.
Federal Davis-Bacon wage rates do not apply. Contractors shall comply with all applicable California Department of Industrial Relations (DIR) prevailing wage requirements as specified in the Contract Documents.
Question 4- Please confirm if a Mandatory Pre-Bid Meeting will be held? If so, what date, time, and location?
Response: There is NO mandatory pre-bid meeting or job walk for this project.
Bidders are encouraged to familiarize themselves with the project site and the Contract Documents prior to submitting a bid.
Question 5- Please confirm that all required permits, fees, and inspections will be available at no cost to the Contractor. If not, please provide an estimate or allowance item for those costs.
Response: City encroachment permit fees will be waived, and construction inspections performed by the City are included in the City's project costs and are not 763
the responsibility of the Contractor. The Contractor is responsible for obtaining all permits and licenses required for the Work and for paying all other applicable costs associated with licenses, fees, bonds, insurance, and related requirements.
Question 6- What percentage of work is required for the prime contractor's selfperformance? Response: The prime contractor shall perform at least fifty-one (51%) of the work, as determined by the percentage of the value of work, in accordance with the Contract Documents.
Question 7- What is the basis of award?
Response: The basis of award is the combined total of Schedule A (Base Bid) and Schedule B (Additive Bid). The contract will be awarded to the lowest responsible bidder submitting the lowest responsive bid based on the total of both schedules, as specified in the Contract Documents.
Question 8- Is an original hard copy of the Bidder's Bond required to be submitted to the agency's office by/before the bid due date and time? Response: No. An original hard copy of the Bidder's Bond is not required to be submitted by the bid due date and time. Bids shall be submitted electronically via PlanetBids by the bid due date and time. A hard copy of the entire bid package, including all original notarized documents (such as the Bidder's Bond), must be received by the City within 48 hours after the bid submittal deadline.
OlgitaUy signed by Ninette Eva
ON: C•US, N inY11 Gp}}l le Eva CN=Nine ile Eva tdomar.ory, Approved By: Dater 2028.07.2„2:44,52-0.00 DATE Ninette Eva, Associate Engineer
07/21/26
Acknowledged By - DATE: 8-4-26 Bidder's Signature
ADDENDUM NO.1 MUST BE SIGNED AND RETURNED WITH PROPOSAL 764
ADDENDUM No. 2
For
CIP 099 Phase OA, 20-Acre Park Project
The following amendments and clarifications are made to the Bid Documents for the 20-Acre Park Project CIP 099 - Phase OA.
Response to Proposers' Questions
Question 1- What is the engineers estimate?
Response: See Addendum 1 response to question #1
Question 2- Is there any prequalification?
Response: There is no Pre-qualification required for this project Question 3- Please confirm if pollution coverage is required. The premium for this coverage is an increase roughly $10k to $15k to the Contractor per the engineer estimate.
Response: Pollution Coverage is not required for this project Question 4-What license is required? is C-13 good to bid? Response: Due to the type of work items, only Class A contractors are required to Bid as prime. Class 13 contractors can be sub-contractors. 765
Approved By DATE 7/29/2026
Carlos Geronimo, Principal Engineer
Acknowledged By DATE: 8-4-26
Biader's Signature
ADDENDUM NO､2 MUST BE SIGNED AND RETURNED WITH PROPOSAL 766
Section C.
Bid Schedule
The following quantities are approximate only and are given for the purpose of comparing proposals. The City does not expressly or by implication agree that the actual amount of work will correspond with quantities given herein, but reserves the right to increase or decrease the amount of any class or portion of the work as may be deemed necessary or advisable by the City Engineer. Payment will be based upon the actual quantities installed or constructed, unless otherwise specified.
Schedule A - Base Bid 20 ACRE PARK PROJECT CIP 099 PHASE OA Item I)escription Units Estimated Unit Total
No. Quantity Price Price
1 Mobilization, Demobilization, Trailer, LS 1
Water Fees, Porta Potty and Service,
Eland Wash Station and Service,
Bonds.
Demolition-Removal
Insurance and Miscellaneou
of trees, Chain
s
LS 1
2 link Fences. Footing, clear and grub
plant material JI ': (r/
3 6' Chain Link Fence WI Screening LF 440
Material
4 Install 6' Chain Link Fence LF 2.600
/
5 Install I S Chain Link Fence Gate EA 2
6 Install 28' Chain Link Fence Gate EA 1
7 1 Install 3' Chain Link Fence Gate EA I
. L
f
-; / ( t GG,
Total In Figures:
TOTAL SCHEDULE A BASE 11 11) PRICE IN WORDS:
;'j ,. .,' - y oct Z/t// %t i'J14 !7t/f 2/
/- - a 1 /l -
24 767
Additive Schedule 13- TEMI'ORARY PARKING LOT
20 ACRE I'ARK PROJECT CIP 099 - PHASE OA
Item Description Units Estimated Unit Total
No. Quantity Price Price
I Demolition - Chain link fence, post. LS
and footing removal. Clear and grub plant material. y ?` - 2 Install K-Rail, or approved equal Lf>2
3 Install 26' Chain Link Fence Gate EA ' ,
4 Construct AC Pavement SF >40
5 Compaction of Native Material CY 860
6 Install 12" of compacted aggregate
over 18" of compacted (95%) native SI 15,483
material
7 Install Wheel Stops EA 21
8 Install ADA Striping EA [
// 1 / 5/
Total In Figures:
TOTAL SCHEDULE A and ADDITIVE SCHEDULE B 131D PRICE IN WORDS:
/CfLi /1 li f I,'r t / / ;. ` Yi/ i, r ' 5/)
-
TOTAL SCHEDULE A and ADDI'T'IVE SCIIEDULE 13 13I1) PRICE IN NUM13ERS:
NOTE: The award of contract will be made to the lowest responsible bidder submitting the lowest responsive bid. The lowest responsive bid shall be determined by the addition of the TOTAL BASE BID PRICE for SCHEDULE A and TOTAL ADDITIVE BID PRICE for SCHEDULE B, as calculated from unit prices.
Contractor's Name (Printed): Act 1 Construction, Inc.
Bidders Signature:
(Same Signature as on Proposal)
25 768
Section G.
Designation of Subcontractors
In compliance with the provisions of Section 41 00-41 14 of the Public Contracts Code of the State of California, and any amendments thereof, each bidder shall set forth below the name and location of the mill, shop, or office of each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work or improvement to be performed under these specifications in excess of one half of one percent (0.5%) of the prime Contractor's total bid or, in the case of bids or offers for the construction of streets or highways including bridges in excess of one half of one percent (0.5%) of the Contractor's total bid of ten thousand dollars ($10,000.00), whichever is greater. The prime Contractor shall list the portion of the work which will be done by such subcontractor.
If the Contractor fails to specify a subcontractor for any portion of the work to be performed under the Contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth.
Subletting or subcontracting of any portion of the work as to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the awarding authority setting forth the facts constituting the emergency or necessity. % OF PORTION
SUBCONTRACTOR PORTION OF TOTAL OF TOTAL
WORK BID BID
AMOUNT AMOUNT ($)
Name '
CSLB #
Location ,'y.. r; DIR # /;
Name - CSLB #
Location i , `_ DIR #
Name CSLB #
Location DIR #
Name CSLB #
Location DIR #
Contractor's Name (Printed): Act 1 Construction, Inc.
Bidders Signature:
Don Trenholm Bidders Name (Printed):
(Same Signature as on Bid Proposal Form)
Bidders Title: President
Date: August 4, 2026
30 769
1 PUBLIC WORKS CONTRACT
This contract (“Contract”) is effective as of __________________________, and is between the CITY OF WILDOMAR, a California municipal corporation (“Owner”), and Act 1 Construction, Inc., a California Corporation (“Contractor”), collectively referred to as the “Parties” and individually a “Party.”
Recitals. This Contract is entered into with respect to the following facts:
Owner received Contractor’s Proposal for the Work involved 20-Acre Park Project (CIP 099) Phase 0-A Project (“Project”), which is more fully described in the Contract Documents.
Contractor represents and warrants that it is fully qualified to perform all of the Work required to complete the Project.
Contractor agrees to perform all such Work in the time and manner set forth in the Contract Documents.
The City Council has awarded the Contract to Contractor.
Contract Documents. This Contract consists of the following documents (“Contract Documents”), all of which are made a part of this Contract:
Contractor’s Proposal (for reference purposes only)
Notice to Proceed
This Contract
Verification of California Contractor’s License
Contractor’s Certificate Regarding Workers’ Compensation Security for payment (labor and materials)
Security for performance
Certificate(s) of Insurance
Bid Documents (including attached plans and drawings)
Other documents (list here)
Exhibit A – Compensation
770
2 Exhibit B – Insurance
The Work.
The Work (“Work”) to be performed by the Contractor is described in the Contract Documents.
In completing the Work, Contractor must employ, at a minimum, the applicable generally accepted professional standards of its industry in existence at the time of performance as utilized by persons engaging in similar Work.
Except as specifically provided in the Contract Documents, Contractor must furnish, at its sole expense, all of the labor, materials, tools, equipment, services and transportation necessary to perform all of the Work, including any incidental Work that is not expressly shown or described in the Contract Document but is required for the successful completion of the Work.
Contractor must perform all of the Work in strict accordance with the Contract Documents.
Time to Perform the Work.
Commencement Date will be on the date established in the Notice to Proceed. Owner reserves the right to modify or alter the Commencement Date of the Work.
Final Completion Date: Within 60 working days of date of Notice to Proceed.
Time is of the essence with respect to Contractor’s Work. Contractor agrees to diligently pursue performance of the Work within the time specified by the Contract Documents.
Contractor will be excused from any delay in performance or failure to perform due to causes beyond the control of Contractor and not reasonably anticipated by the parties.
Such causes include, but are not limited to, acts of God, acts of terrorism, acts of federal, state or local governments, acts of Owner, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather.
If Contractor is delayed by any cause beyond Contractor’s control, Owner may, but is not required to, grant a time extension for the completion of the Work. If delay occurs, Contractor must notify Owner in writing within 48 hours of the cause and identify the extent of the delay, how such delay interferes with Contractor’s performance of the Work, and the impact of the delay on the Project’s schedule’s critical path through the submission of a “Time Impact Evaluation” (TIE).
TIE Format and Contents. Each TIE must include a written narrative and a schedule diagram depicting how the delay or other impact affects other schedule activities. The schedule diagram must show how Contractor proposes to incorporate and mitigate the delay or other impact in the schedule and how it impacts the current schedule update critical path or otherwise. Contractor is also responsible for establishing time extensions 771
3 based on the TIE’s impact on the critical path. The diagram must be tied to the main sequence of scheduled activities to enable Owner to evaluate the impact of the delay, including any impacted Work activities, to the scheduled critical path.
Contractor is responsible for all costs associated with preparing TIE’s, and the process of incorporating TIE’s into the current schedule update.
Liquidated Damage Amounts.
As liquidated damages for delay Contractor must pay Owner one thousand dollars ($1,000.00) for each calendar day that expires after the time specified for Contractor to achieve Final Completion of the entire Work, until achieved.
Scope of Liquidated Damages.
Contractor and Owner agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of such actual damages incurred by Owner because of a delay in completion of all or any part of the Work. Contractor and Owner agree that specified measures of liquidated damages will be presumed to be the amount of such damages actually sustained by Owner, and that because of the nature of the Project, it would be impracticable or extremely difficult to fix the actual damages.
Liquidated damages for delay will cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by Owner as a result of delay. Liquidated damages will not cover the cost of completion of the Work, damages resulting from Defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from Owner (for example, delay claims of other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof. Owner may deduct from any money due or to become due to Contractor subsequent to time for completion of entire Work and extensions of time allowed pursuant to this Contract, a sum representing then-accrued liquidated damages.
Compensation and Payment.
Subject to any limitations provided in the Contract Documents, Owner agrees to pay Contractor, as full consideration for the faithful performance and successful completion of all Work under the Contract Documents, including all labor, materials, equipment furnished in connection therewith, the compensation set forth in Exhibit A (“Compensation”), which is made a part of this Contract.
Contractor must furnish to Owner a Pay Estimate for the Work performed in accordance with the Contract Documents. Contractor may not submit a Pay Estimate more often than once every 30 days.
Owner will review each Pay Estimate and determine whether the Work performed is in accordance with the Contract Documents. Owner may require Contractor to provide a release of all undisputed Contract amounts contained in the Pay Estimate. 772
4 If Owner disputes any item on a Pay Estimate, Owner will give Contractor notice stating the reasons for the dispute. The Parties will meet and confer in good faith to attempt to resolve the dispute.
Except as to any charges for the Work performed that Owner disputes and excluding the Owner’s standard five-percent (5%) retention on all approved progress payments, Owner will cause Contractor to be paid within 30 days of the date of the Pay Estimate or the date that Contractor furnishes Owner with a release of all undisputed Contract amounts, whichever occurs later. If the Project is paid for in whole or in part with federal funds, progress payments made to Contractor will not be subject to the five-percent retention noted above.
In the event there is any claim specifically excluded by Contractor from the operation of any release, Owner may retain an amount not to exceed the amount of the excluded claim.
Labor Code and Prevailing Wage Requirements.
Contractor agrees to comply with the requirements of California Labor Code sections 1810 through 1815. Eight hours of labor constitutes a legal day’s Work per Labor Code section 1810. Contractor will forfeit the statutory penalty to Owner for each Worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which such Worker is required or permitted to Work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code sections 1810 through 1815.
Copies of the determination of the Director of the Department of Industrial Relations of the prevailing rate of per diem wages for each craft, classification or type of Worker needed to execute this Contract are available for download from the State website:
http://www.dir.ca.gov/OPRL/dprewagedetermination.htm.
Contractor must post at the Work site, or if there is no regular Work site then at its principal office, for the duration of the Contract, a copy of the determination by the Director of the Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor Code § 1773.2.) When applicable, copies of the prevailing rate of per diem wages will be on file at Owner’s main office and available to Contractor and any other interested party upon request.
Contractor, and any subcontractor engaged by Contractor, must pay not less than the specified prevailing rate of per diem wages to all Workers employed in the execution of the contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records.
Contractor must comply with all provisions of Labor Code section 1775. Under Section 1775, Contractor will forfeit the statutory penalty to Owner for each Worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion thereof, in which the Worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount 773
5 paid to each Worker for each calendar day, or portion thereof, for which each Worker was paid less than the prevailing wage rate.
Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered apprentices in the execution of the Contract. Contractor is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice’s Work for every five hours of labor performed by a journeyman (unless an exception is granted under § 1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on public Works in apprenticeable occupations.
Contractor has reviewed and agrees to comply with any applicable provisions for any public Work subject to Department of Industrial Relations (DIR) Monitoring and Enforcement of prevailing wages, including the registration requirements of Labor Code Section 1771.1(a). Owner hereby notifies Contractor that Contractor is responsible for submitting certified payroll records directly to the State Compliance Monitoring Unit (CMU). For further information concerning compliance monitoring please visit the website location at: http://www.dir.ca.gov/dlse/cmu/cmu.html.
Contractor must comply with Labor Code section 1771.1(a), which provides that Contractor may award any contracts and subcontracts for Work that qualifies as a “public Work” only to subcontractors which are at that time registered and qualified to perform public Work pursuant to Labor Code Section 1725.5. Contractor must obtain proof of such registration from all such subcontractors. Where the prime contract is less than $15,000 for maintenance Work or less than $25,000 for construction, alternation, demolition or repair Work, such registration is not required.
In addition to submitting the certified payrolls and related documentation to the City, the contractor and all subcontractors are required to submit certified payroll and related documents electronically to the California Department of Industrial Relations (DIR). Failure to submit payrolls to the DIR when mandated by the Project parameters will also result in the withholding of progress, retention and final payment. Certified payroll information for this project must be submitted electronically through LCPtracker. No hard copy payrolls will be accepted.
No contractor or subcontractor may be listed on a bid proposal for a public Works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
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6 Non-Discrimination. Contractor, its officers, agents, employees, and subcontractors may not discriminate in the employment of persons to perform the Work in violation of any federal or state law prohibiting discrimination in employment, including based on the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, of any person, except as provided under California Government Code section 12940.
Contractor is responsible for compliance with this section, and must include these nondiscrimination provisions in all subcontracts for performance of the Work.
General Legal Compliance.
In performing the Work, Contractor must comply with all applicable federal, state, and local statutes, laws, regulations, and ordinances including, but not limited to, OSHA requirements.
Contractor must, at Contractor’s sole expense, obtain all necessary permits and licenses required for the Work, and give all necessary notices and pay all fees and taxes required by law.
Contractor must maintain a valid California Contractor’s License throughout the term of this Contract.
Clayton and Cartwright Act Assignments. In entering into this Contract or a contract with a subcontractor to supply goods, services, or materials pursuant to this Contract for the Project, Contractor and any subcontractor will be deemed to have offered and agreed to assign to Owner all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the California Business and Professions Code), arising from purchases of goods, services, or materials for the Project. This assignment will be deemed made and will become effective at the time Owner tenders final payment to Contractor, without further acknowledgement by the Parties.
Independent Contractor. Contractor is and will at all times remain as to Owner a wholly independent contractor. Neither Owner nor any of its officers, employees, or agents will have control over the conduct of Contractor or any of Contractor’s officers, employees, agents or subcontractors, except as expressly set forth in the Contract Documents. Contractor may not at any time or in any manner represent that it or any of its officers, employees, agents, or subcontractors are in any manner officers, employees, agents or subcontractors of Owner.
Indemnification.
Contractor agrees to the fullest extent permitted by law (including, without limitation, California Civil Code section 2782) to (1) immediately defend, (2) indemnify, and (3) hold harmless Owner and its officers, directors, employees, agents, contractors, consultants, and other parties Working on Owner’s behalf (collectively, “Owner indemnified parties”) from and against, any and all claims and liabilities, regardless of the nature or type, that directly or indirectly arise out of, pertain to, or relate to performance of the Work under this Contract by Contractor, or its officers, employees, agents, or subcontractors committed in performing any Work under this Contract or the failure to comply with any of the obligations of this Contract, resulting from any cause 775
7 whatsoever except for the sole negligence, active negligence, of willful misconduct of Owner (collectively, “Claims”). The Claims subject to Contractor’s duties to defend and indemnify include, without limitation, all claims, actions, causes of action, proceedings, suits, losses, damages, penalties, fines, judgments, liens, levies, and associated investigation and administrative expenses. Such Claims also include defense costs, including reasonable attorneys’ fees and disbursements, expert fees, court costs, and costs of alternative dispute resolution.
Contractor’s duty to defend is a separate and distinct obligation from Contractor’s duty to indemnify. Contractor is obligated to defend Owner in all legal, equitable, administrative, or special proceedings, with counsel approved by Owner, immediately upon tender to Contractor of the Claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the Claim does not relieve Contractor from its separate and distinct obligation to defend under this section. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if Contractor asserts that liability is caused in whole or in part by the negligence or willful misconduct of any Owner indemnified party. If it is finally adjudicated that liability was caused by the sole negligence, active negligence, or willful misconduct of any Owner indemnified party, then Contractor may submit a claim to Owner for reimbursement of reasonable attorneys’ fees and defense costs in proportion to the established comparative liability of the Owner indemnified party.
Contractor agrees that its defense and indemnification obligation under this section, includes the reasonable costs of attorneys’ fees incurred by the Owner’s legal counsel to monitor and consult with Contractor regarding the defense of any Claims, including providing direction with regard to strategy, preparation of pleadings, settlement discussions, and attendance at court hearings, mediations, or other litigation related appearances. Owner will use its best efforts to avoid duplicative attorney Work or appearances in order to keep defense costs to a reasonable minimum.
Contractor agrees that settlement of any Claim will require the consent of Owner. Owner agrees that its consent will not be unreasonably withheld provided that Contractor is financially able (based on demonstrated assets) to fulfill its obligation to indemnify Owner for the costs of any such settlement as required under this Contract.
Contractor’s obligation to indemnify Owner applies unless it is finally adjudicated that the liability was caused by the sole, negligence, active negligence, or willful misconduct of a Owner indemnified party. If a Claim is finally adjudicated and a determination made that liability was caused by the sole negligence, active negligence, or willful misconduct of an Owner indemnified party, then Contractor’s indemnification obligation will be reduced in proportion to the established comparative liability.
For the purposes of this section, “Owner” includes the City of Wildomar’s officers, officials, board members, employees and agents.
The provisions of this section will survive the expiration or earlier termination of this Contract. 776
8 Insurance. Contractor agrees to have and maintain in full force and effect during the term of this Contract the insurance coverages listed in Exhibit B (“Insurance”), which is made a part of this Contract.
Notice.
All written notices required or permitted to be given under this Contract will be deemed made when received by the other Party at its respective address as follows:
To Owner: City of Wildomar
23873 Clinton Keith Road, Suite 210
Wildomar, CA 92595
Attention: Ninette Eva
Phone: (951) 677-7751 ext. 8211
Fax: (951) 698-1463
Email: [email protected]
To Contractor: Act 1 Construction, inc.
444 Sixth Street
Norco, CA 92860
Don Trenholm, President
951-735-1184
[email protected]
Notice will be deemed effective on the date personally delivered or transmitted by facsimile, or such other electronic means as may be agreed to by the parties. If the notice is mailed, notice will be deemed given three days after deposit of the same in the custody of the United States Postal Service, postage prepaid, for first class delivery, or upon delivery if using a major courier service with tracking capabilities.
Any Party may change its notice information by giving notice to the other Party in compliance with this section, before the change in notice information becomes effective.
Owner Rights of Termination and to Complete the Work.
Termination for Cause (Default). The occurrence of any of the following is a default by Contractor under this Contract:
Contractor refuses or fails to prosecute the Work or any part thereof with such diligence as will ensure its completion within the time specified or any permitted extension.
Contractor fails to complete the Work on time.
Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors, or a receiver is appointed on account of Contractor’s insolvency. 777
9 Contractor fails to supply enough properly skilled Workers or proper materials to complete the Work in the time specified.
Contractor fails to make prompt payment to any subcontractor or for material or labor.
Contractor breaches or fails to perform any obligation or duty under the Contract and such breach or failure remains uncorrected following Owner’s notice to Contractor of the breach.
Upon the occurrence of a default by Contractor, Owner will serve a written notice of default on Contractor specifying the nature of the default and the steps needed to correct the default. Unless Contractor cures the default within 10 days after the service of such notice of default, or makes satisfactory arrangements acceptable to Owner for the correction or elimination of such default, as determined by Owner, Owner may thereafter terminate this Contract by serving written notice termination on Contractor. In such case, Contractor will not be entitled to receive any further payment, except for Work actually completed prior to such termination in accordance with the provisions of the Contract Documents.
In event of any such termination, Owner will also immediately serve written notice of the termination upon Contractor’s surety. The surety will have the right to take over and perform pursuant to this Contract; provided, however, that if the surety does not give Owner written notice of its intention to take over and perform this Contract within five days after service of the notice of termination or does not commence performance within 10 days from the date of such notice, Owner may take over the Work and prosecute the same to completion by separate contract or by any other method Owner may deem advisable, at the sole cost and expense of Contractor.
Contractor and the surety will be liable to Owner for any and all excess costs or other damages incurred by Owner in completing the Work.
If Owner takes over the Work as provided in this Section, Owner may, without liability for so doing, take possession of, and utilize in completing the Work, such materials, appliances, plant, and other property belonging to Contractor as may be on the site of the Work and necessary for the completion of the Work.
If Owner takes over the Work, Owner may also take possession of outstanding materials on order for the completion of the project, upon payment to the vendor. All excess costs incurred by Owner in obtaining such materials, will be the responsibility of the Contractor.
Termination for Convenience. Owner may terminate performance of the Work under the Contract in accordance with this clause in whole, or from time to time in part, if Owner determines that termination is in Owner’s best interest. Termination will be effected by Owner delivering to Contractor notice of termination specifying the extent to which performance of the Work under the Contract is terminated, and the effective date of the termination.
Contractor must comply with Owner’s direction regarding the effective date of the termination, the extent of the termination, and must stop Work on the date and to the extent specified.
Contractor will be entitled to a total payment on account of the Contract Work so terminated, measured by (i.) the actual cost to Contractor for Work actually performed, up to the date of the 778
10 termination, with profit and overhead limited to twelve percent (12%) of actual cost of Work performed, and (ii.) offset by payments made and other Contract credits. In connection with any such calculation; provided, however, Owner retains all rights and remedies under the Contract including, without limitation, claims, indemnities, setoffs/offsets, or back charges.
Under no circumstances may Contractor recover legal costs of any nature, nor may Contractor recover costs incurred after the date of the termination.
Project Documents. All product/material data sheets, shop drawings, submittals, submittal logs, samples, invoices, purchase orders, operation and maintenance manuals and instructions, RFIs, RFI logs, maps, models, notes, photographs, reports, studies and other documents (collectively, “Project Documents”) prepared, developed or discovered by Contractor in the course of performing any of the Work under this Contract will become the sole property of Owner. Upon the expiration or termination of this Contract, Contractor must turn over all original Project Documents to Owner in its possession, but may retain copies of any of the Project Documents it may desire.
Change Orders and Claims
The Public Contract Code including, without limitation, Section 7105(d)(2), and Government Code section 930.2 and following, apply to all procedures for changes, time extensions, change orders (time or compensation) and claims.
Any change, waiver, or omission to implement the contract change order and claim procedures will have no legal effect unless expressly permitted in a fully executed change order approved by Contractor and Owner.
Resolution of Construction Claims (PCC § 20104 and following) Public Contract Code section 20104 and following, specifies required provisions on resolving contract claims less than $375,000, which are set forth below, and constitute a part of this Contract.
For the purposes of this section, “claim” means a separate demand by Contractor of $375,000 or less for (1) a time extension, (2) payment or money or damages arising from Work done by or on behalf of Contractor arising under the Contract Documents and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (3) an amount the payment of which is disputed by Owner. In order to qualify as a claim, the written demand must state that it is a claim submitted under Section 17 of the Contract and be submitted in compliance with all requirements of this Section. Separate Contractor claims that together total more than $375,000 do not qualify as a “separate demand of $375,000 or less,” as referenced above, and are not subject to this Section.
A voucher, invoice, payment application, or other routine or authorized form of request for payment is not a claim for purposes of this section. If such request is disputed as to liability or amount, then the disputed portion of the submission may be converted to a claim under this 779
11 section by submitting a separate claim in compliance with Contract Documents claim submission requirements.
This section does not apply to tort claims, and nothing in this section is intended nor may it be construed to change the time periods for filing tort claims or actions specified by Chapter 1 and Chapter 2 of Part 3 of Division 3.6 of Title 1 of the Government Code.
Claims Procedure under Public Contract Code § 20104 and following:
The claim must be in writing, submitted in compliance with all requirements of the Contract including, without limitation, the time prescribed by and including the documents necessary to substantiate the claim. Claims must be filed on or before the day of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements for the filing of claims under the Contract.
For claims of fifty thousand dollars ($50,000) or less, Owner will respond in writing within 45 days of receipt of the claim, or Owner may request in writing within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to any defenses or claims Owner may have against Contractor. If additional information is thereafter required, it must be requested and provided in accordance with this section upon mutual agreement of Owner and Contractor.
Owner’s written response to the claim, as further documented, must be submitted to Contractor within 15 days after receipt of further documentation or within a period of time no greater than taken by Contractor in producing the additional information, whichever is greater.
For claims over Fifty Thousand Dollars ($50,000) and less than or equal to $375,000: Owner will respond in writing within 60 days of receipt of the claim, or Owner may request in writing within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to any defenses or claims Owner may have against Contractor. If additional information is thereafter required, it must be requested and provided in accordance with this section, upon mutual agreement of Owner and Contractor; Owner’s written response to the claim, as further documented, must be submitted to Contractor within 30 days after receipt of further documentation or within a period of time no greater than taken by Contractor in producing the additional information, whichever is greater.
Meet and Confer: If Contractor disputes Owner’s written response, or Owner fails to respond within the time prescribed above, Contractor must notify Owner, in writing, either within 15 days of receipt of Owner’s response or within 15 days of Owner’s failure to timely respond, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon demand Owner will schedule a meet and confer conference within 30 days for settlement of the dispute.
Following the meet and confer conference, if the claim or any portion remains in dispute, Contractor may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed will be tolled from the time Contractor submits its written claim as set forth in this section, until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process.
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12 Claims Process under Public Contract Code § 9204:
Upon receipt of a claim pursuant to this section, Owner must conduct a reasonable review of the and, within a period not to exceed 45 days, must provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, Owner and Contractor may, by mutual agreement, extend the time period provided in this subsection.
The Contractor must furnish reasonable documentation to support the claim.
If Owner needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, Owner will have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
Any payment due on an undisputed portion of the claim will be processed and made within 60 days after Owner issues its written statement. If Owner fails to issue a written statement, subsection 17.6.3 above will apply.
If the Contractor disputes Owner's written response, or if Owner fails to respond to a claim issued pursuant to this section within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, Owner will schedule a meet and confer conference within 30 days for settlement of the dispute.
Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, Owner must provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after Owner issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, will be submitted to nonbinding mediation, with Owner and the Contractor sharing the associated costs equally. Owner and Contractor must mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party will select a mediator and those mediators will select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party will bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute will be subject to applicable procedures outside this section.
For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized must conform to the timeframes in this section. 781
13 This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties' dispute.
Failure by Owner to respond to a claim from contractor within the time periods described in this section or to otherwise meet the time requirements of this section will result in the claim being deemed rejected in its entirety. A claim that is denied by reason of Owner's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, will not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the Contractor.
Amounts not paid in a timely manner as required by this section will bear interest at seven percent per annum.
If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against Owner because privity of contract does not exist, the contractor may present to Owner a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on its own behalf or on behalf of a lower tier subcontractor, that the Contractor present a claim for Work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to Owner must furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the Contractor must notify the subcontractor in writing as to whether the Contractor presented the claim to Owner and, if the Contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
General Provisions.
Authority to Execute. Each Party represents and warrants that all necessary action has been taken by such Party to authorize the undersigned to execute this Contract and to bind it to the performance of its obligations.
Assignment. Contractor may not assign this Contract without the prior written consent of Owner, which consent may be withheld in Owner’s sole discretion since the experience and qualifications of Contractor were material considerations for this Contract.
Third Party Beneficiaries. Contractor’s subcontractor must agree to be bound to the terms of the Contract Documents to the extent of their scope of Work, including but not limited to, terms regarding indemnity and dispute resolution, and must agree that Owner is deemed an express third party beneficiary of their subcontracts. Nothing in this Contract, however, shall operate to confer such or similar rights or benefits on persons or entities not party to this Contract.
Binding Effect. This Contract is binding upon the heirs, executors, administrators, successors and permitted assigns of the Parties.
Integrated Contract. This Contract, including the Contract Documents, is the entire, complete, final and exclusive expression of the Parties with respect to the Work to be performed under this 782
14 Contract and supersedes all other agreements or understandings, whether oral or written, between Contractor and Owner prior to the execution of this Contract.
Modification of Contract. No amendment to or modification of this Contract will be valid unless made in writing and approved by Contractor and by the Board of Directors of Owner or Owner Manager, as applicable. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void.
Audit/Inspection Of Records. Contractor shall maintain all documents and records prepared by or furnished to Contractor during the course of performing the Work for at least three (3) years following completion of the Work. Such records include, but are not limited to, correspondence, internal memoranda, calculations, books and accounts, accounting records and job cost reports/data documenting all labor, materials, equipment and Work furnished under this Contract, and invoices, payrolls, records and all other data related to matters covered by this Contract.
Contractor shall permit Owner to audit, examine and make copies, excerpts and transcripts from any such records, and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any matter whatsoever for three (3) years after Owner makes the final or last payment or within three (3) years after any pending issues and disputes between Owner and Contractor regarding this Contract Agreement are resolved, whichever is later.
Counterparts, Electronic Signatures. This Contract may be executed in several counterparts, each of which will be deemed an original, and all of which, when taken together, constitute one and the same instrument. This Contract and any amendments will be considered executed when the signature of a party is delivered by electronic transmission. Such electronic signature will have the same effect as an original signature.
Waiver. Waiver by any Party of any term, condition, or covenant of this Contract will not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Contract will not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Contract. Acceptance by Owner of any Work performed by Contractor will not constitute a waiver of any of the provisions of this Contract.
Interpretation. This Contract will be interpreted, construed and governed according to the laws of the State of California. Each party has had the opportunity to review this Contract with legal counsel. The Contract will be construed simply, as a whole, and in accordance with its fair meaning. It will not be interpreted strictly for or against either party.
Severability. If any term, condition or covenant of this Contract is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Contract will not be affected and the Contract will be read and construed without the invalid, void or unenforceable provision.
Governing Law and Venue. This Contract shall be deemed to have been executed in the City where the Project is located. Enforcement of this Agreement shall be governed by the laws of the State where the Project is located, excluding its conflict of laws rules. In the event of litigation between the parties, venue in state trial courts will be in the County of Riverside. 783
15 The Parties have caused this Contract to be executed by their undersigned authorized agents as follows:
OWNER: CITY OF WILDOMAR
Chris Mann, City Manager
ATTEST:
Janet Morales Garcia, City Clerk
APPROVED AS TO FORM
Thomas D. Jex, City Attorney
CONTRACTOR: Act 1 Construction, Inc.
(If not an individual, two signatures are required)
Name and Title
Name and Title
784
16 EXHIBIT A
COMPENSATION
The total compensation under this Contract may not exceed:
The sum of .
785
17 EXHIBIT B
INSURANCE
1. General Requirements. Contractor must procure and maintain in full force and effect during the term of this Contract the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits (combined single)
Commercial General Liability $2,000,000
Business Automobile Liability $1,000,000
Workers’ Compensation Statutory Requirements
Pollution Liability Insurance As stated below
2. Commercial General Liability Insurance. This policy must meet or exceed the requirements of Insurance Services Office (ISO) CGL Form No. CG 00 01. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. The insurance must be on an “occurrence” not a “claims-made” basis. Defense costs must be paid in addition to limits. There must be no cross-liability exclusion for claims or suits by one insured against another. Limits may be no less than $2,000,000 per occurrence for all covered losses, and no less than $4,000,000 general aggregate.
Liability policies must be endorsed to name Owner, its officials, employees and agents as “additional insureds” under the insurance coverage.
Additional Insured
The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Primary Insurance
For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its 786
18 officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
Coverage must be applicable to Owner for injury to employees of Contractor, subcontractors, agents or others performing any part of the Work required under this Contract. Each policy must be endorsed to provide a separate limit applicable to this Project.
The Commercial General Liability policy must not contain any endorsements limiting coverage beyond the basic policy coverage for any of the following:
1. Explosion, collapse or underground hazard (XCU);
2. Products and completed operation;
3. Public liability;
3. Pollution liability; or
4. Contractual liability.
3. Business Auto Coverage. This policy must be on ISO Business Auto Coverage Form CA 00 01 including symbol 1 (Any Auto) and Endorsement CA 0025, or equivalent forms approved in writing by Owner. Limits must not be less than $1,000,000 per accident, combined single limit, or if Contractor neither leases nor owns vehicles, this requirement may be satisfied by a nonowned auto endorsement to the general liability policy described above. If Contractor or Contractor’s employees will use personal autos in any way on this Project, Contractor must provide evidence of personal auto liability coverage for each such person.
4. Workers Compensation. Contractor must have a State of California approved policy form providing the statutory benefits required by law with employer’s liability limits of no less than $1,000,000 per accident for all covered losses, or Contractor must provide evidence of an approved self-insurance program.
5. Pollution Liability Insurance. Pollution/Environmental Impairment Liability Insurance must be written on a Contractor’s Pollution Liability form or other form acceptable to Agency providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit must be no less than $5,000,000 per claim and in the aggregate. All activities contemplated in this Contract must be specifically scheduled on the policy as “covered operations.” The policy must provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.
6. Other Insurance; Revisions to Insurance. Contractor may be required to obtain such other insurance coverage as may be required by applicable law or by Owner. Owner reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor 60 days advance written notice of such change. If such change results in substantial additional cost to Contractor, Owner and Contractor may renegotiate Contractor’s compensation.
787
19 7. Acceptable Insurers. All required insurance policies must be issued by an insurance company currently authorized by the California Insurance Commissioner to transact the business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Owner’s Risk Manager or General Counsel.
8. Excess or Umbrella Liability Insurance (Over Primary). If an excess or umbrella liability policy is used to meet limit requirements, the insurance must provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an excess or umbrella liability policy must include a “drop-down provision” providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage must be provided on a “pay-on-behalf” basis, with defense costs payable in addition to policy limits. There may be no cross-liability exclusion precluding coverage for claims or suits by one insured against another. Coverage must be applicable to Owner for injury to employees of Contractor, its subcontractors or others performing Work to satisfy Contractor’s obligations under this Contract. The scope of coverage provided is subject to approval of Owner following receipt of proof of insurance as required herein. Limits are subject to review, but in no event may be less than $4,000,000 per occurrence and aggregate.
9. Certificates of Insurance and Endorsements. Prior to commencing any Work under this Contract, Contractor must file with the Owner Certificates of Insurance and Endorsements evidencing the existence of all insurance required by this Contract, along with such other evidence of insurance or copies of policies as may reasonably be required by Owner. Such Certificates of Insurance and Endorsements must be in a form approved by Owner’s legal counsel. Contractor must maintain current certificates and endorsements on file with Owner during the term of this Contract reflecting the existence of all required insurance. Each of the certificates must expressly provide that no material change in the policy, or termination thereof, will be effective except upon 30 days’ prior written notice to Owner.
10. Failure to Maintain Required Insurance. If Contractor, for any reason, fails to have in place at all times during the term of this Contract all of the required insurance coverage, Owner may obtain such coverage at Contractor’s expense and deduct the cost from the sums due Contractor.
11. Effect of Coverage. The existence of the required insurance coverage under this Contract will not be deemed to satisfy or limit Contractor’s indemnity obligations under this Contract.
12. Higher Limits of Insurance. If the contractor maintains broader coverage and/or higher limits than the minimums shown above for all policies, the Entity requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.
788
20 13. Waiver of Subrogation. Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors. 789
21 VERIFICATION OF CALIFORNIA
CONTRACTOR’S LICENSE
I certify, under penalty of perjury, that I have a valid California Contractor’s license issued pursuant to Business and Professions Code section 7000 and following, and was so licensed at the time that the bid was awarded:
California Contractor’s License:
License Number Class Expiration Date
CONTRACTOR (PRINT OR TYPE)
Date Signature
(Public Contract Code § 6100)
790
22 CERTIFICATE REGARDING
WORKERS’ COMPENSATION
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this contract.
Name (print or type)
Date Signature
791
23 PERFORMANCE BOND
On _____________________________, the City of Wildomar, a California municipal corporation (“OWNER”), awarded a contract (“Contract”) to __________________________________________________________ (“CONTRACTOR” or “PRINCIPAL”), for the Work (“Work”) identified as
____________________________________________________________________________ The Contract and related documents (“Contract Documents”) are incorporated and made a part of this performance bond.
Under the Contract, CONTRACTOR is required to furnish this bond providing for the faithful performance of the Work
NOW, THEREFORE, we, CONTRACTOR, as PRINCIPAL, and
____________________________________________________________________________, a corporation organized and existing under the laws of the State of ________________________ and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto OWNER, in the sum of
_______________________________________________________________________dollars ($_________________________), lawful money of the United States of America, this sum being not less than one hundred percent (100%) of the estimated amount payable by OWNER under the terms of the Contract , PRINCIPAL and SURETY, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, by this instrument.
BOND CONDITIONS
1. PRINCIPAL will perform the Work the identified in the Contract. OWNER has estimated the required amount of the bond as shown above.
2. PRINCIPAL’s performance of the Work will be done in accordance with the Contract Documents. Should PRINCIPAL fail to satisfactorily complete all required Work within the time allowed, OWNER may, at its sole discretion, either (1) cause all required Work to be done and the parties executing this bond will be firmly bound for the payment of all necessary costs for the performance of this Work or (2) make demand upon the SURETY to complete the required Work in which event the SURETY will commence completion of the Work within 30 days of the OWNER’S demand unless otherwise agreed in a writing signed by the parties.
3. PRINCIPAL will guarantee the Work against any defective Work, labor or materials for a period of one year following the completion and acceptance of the Work by OWNER.
4. This bond is conditioned upon and guarantees due compliance with all applicable law.
5. SURETY agrees that no changes, extensions of time, alteration or modification of the Contract or of the obligations to be performed thereunder will in any way affect its obligation on this bond, and waives notice of any such change, extension of time, alteration or modification of 792
24 the Contract or of the obligations to be performed. Furthermore, SURETY expressly waives the provisions of California Civil Code sections 2845 and 2849.
6. This bond consists of this instrument, the Contract and Contract Documents referenced above, and the following two attached exhibits, all of which are incorporated herein by reference:
A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificate issued by the county clerk for the county in which SURETY’s representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY’s certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted.
7. In case suit is brought upon this bond, the court will award and SURETY must pay, in addition to the face amount of this bond, all costs and reasonable attorney’s fees incurred by OWNER in successfully enforcing any obligation under this bond.
IN WITNESS THEREOF, we have hereunto set our hands and seals this _______ day of ____________________, 20____.
PRINCIPAL
By
Title
Address
Telephone Number
Signature
793
25 SURETY
By
Title
Address
Telephone Number
Signature
* ALL SIGNATURES ON THIS PERFORMANCE BOND MUST BE NOTARIZED USING APPROPRIATE 8½” x 11” NOTARY ACKNOWLEDGEMENT FORM.
** Appropriate modifications will be made to this form if the bond is being furnished for the performance of an act not provided for by agreement. *** Corporations must affix corporate seal.
794
26 PAYMENT BOND
On _____________________________, the City of Wildomar, a California municipal corporation (“OWNER”), awarded a contract (“Contract”) to __________________________________________________________ (“CONTRACTOR” or “PRINCIPAL”), for the Work (“Work”) identified as
____________________________________________________________________________ PRINCIPAL is required to furnish a bond under the Contract to secure the payment of claims of laborers, mechanics, material persons, and other persons as provided by law.
PRINCIPAL and __________________________________________________ ___________________________________, a corporation incorporated under the laws of the State of _______________________________ and licensed by the State of California to execute bonds and undertakings as sole surety (“SURETY”), are held and firmly bound unto OWNER in the sum of ___________________________________________________________________ ______________________________________ dollars ($_________________________), lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument.
BOND CONDITIONS
1. PRINCIPAL will construct the Work identified in the Contract. Such performance will be in accordance with the Contract Documents identified in the Contract, which are hereby incorporated and made a part of this bond. OWNER has estimated the required amount of the bond as shown above.
2. If PRINCIPAL, its heirs, executors, administrators, successors, assigns or subcontractors fail to pay any of the persons named in California Civil Code section 3181, or any amounts due under the California Unemployment Insurance Code with respect to Work or labor performed under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors under Unemployment Insurance Code section 13020, with respect to Work or labor performed under the Contract, SURETY will pay for the same in an amount not exceeding the penal sum specified in this bond.
3. This bond inures to the benefit of any of the persons named in Civil Code section 3181 so as to give a right of action to such persons or their assigns in any suit brought upon this bond. In case suit is successfully brought upon this bond, SURETY further agrees to pay all reasonable attorneys’ fees and costs in an amount fixed by the court.
4. This bond is conditioned upon and guarantees due compliance with all applicable law.
5. SURETY agrees that no changes, extensions of time, alteration or modification of the Contract or of the obligations to be performed thereunder will in any way affect its obligation on this bond, and waives notice of any such change, extension of time, alteration or modification of 795
27 the Contract or of the obligations to be performed. Furthermore, SURETY expressly waives the provisions of California Civil Code sections 2845 and 2849.
6. This bond consists of this instrument, the Contract and Contract Documents referenced above, and the following two attached exhibits, all of which are incorporated herein by reference:
A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificate issued by the county clerk for the county in which SURETY’s representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY’s certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted.
IN WITNESS THEREOF, we have hereunto set our hands and seals this _______ day of ____________________, 20____.
PRINCIPAL
By
Title
Address
Telephone Number
Signature
796
28 SURETY
By
Title
Address
Telephone Number
Signature
* ALL SIGNATURES ON THIS PAYMENT BOND MUST BE NOTARIZED USING APPROPRIATE 8½” x 11” NOTARY ACKNOWLEDGEMENT FORM.
** Appropriate modifications will be made to this form if the bond is being furnished for the performance of an act not provided for by agreement. *** Corporations must affix corporate seal.
797
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