Calimesa City Zoning Code

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

The applicant for a building permit shall provide for the street improvements to be installed abutting the lots desired to be built upon. Such street improvements shall include the half-width street improvements and the concrete curbs and gutters immediately abutting the premises to which the building permit would apply. The street improvements shall also include sidewalks, in accordance with standards developed by the public works department. Public facilities shall be installed by the developer for all construction, and in accordance with the requirements of the public works department.

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

Grading, drainage, and drainage structures;

Curbs and gutters;

Sidewalks;

Street pavement;

Adequate domestic water service;

Sanitary sewer facilities and connections;

Services from public utilities, where provided;

Street trees;

Streetlights and street name signs;

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

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

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

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

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

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

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

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

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

The proposed use is consistent with the general plan.

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

The negative impacts of the proposed use are mitigated.

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

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

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

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

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

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

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

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

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

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

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

The conditional use permit was obtained by misrepresentation or fraud.

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

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

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

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

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

The proposed amendment is consistent with the general plan.

The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city.

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

Any construction in violation of this zoning code, or any condition(s) imposed on a permit or license, shall be subject to the issuance of a stop work order. The city may also pursue all available civil and criminal remedies authorized by Chapter 1.20 CMC or as otherwise authorized by law to eliminate or remedy any such violations.

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

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

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

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

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

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

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

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

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

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

Planning Director. The planning director shall announce and record his/her respective decision in writing. The decision shall set forth applicable findings and any conditions of approval. A notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown on the application. The planning director’s decision shall not be final until issuance of the written decision.

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

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

The recommendation with findings of the commission for the following applications shall be transmitted to the city council for final action:

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

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

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

Appeals to Planning Commission. The following decisions of the planning director may be appealed to the planning commission:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Barber, beauty shop or hair stylist;

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

Carpentry and cabinet making;

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

Medical and dental offices, clinics, and laboratories;

Mini storage;

Repair, fix-it, or plumbing shops;

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

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

Welding and machining;

Commercial cannabis activity;

Reserved;

Reserved;

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

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

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

The permit was obtained by misrepresentation or fraud.

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

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

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

The use is in violation of any statute, ordinance, law, or regulation in effect at the time of permit issuance.

Lot dimensions;

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

Setbacks;

Structure heights.

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

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

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

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

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

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

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

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

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

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

The minor adjustment was obtained by misrepresentation or fraud.

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

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

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

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

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

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

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

A reduction in density or intensity of a development project.

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

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

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

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

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

That the minor modification was obtained by misrepresentation or fraud;

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

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

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

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

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

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

Necessary repairs and desired alterations to nonconforming single-family residential structures in nonresidential zone districts may be made in compliance with (a) the applicable standards contained in CMC § 18.20.040, Residential development standards; and (b) the requirements of subsections (C)(7) and (C)(8) of this section.

Reasonable repairs and alterations (not including expansions) may be made to nonconforming commercial, institutional, or industrial structures; provided, that no structural alterations shall be made which would prolong the life of the supporting members of a structure, such as bearing walls, columns, beams, or girders. Structural elements may be modified or repaired only if the building and safety division determines that such modification or repair is immediately necessary to protect the health and safety of the public or occupants of the nonconforming structure or adjacent property and the cost does not exceed 50 percent of the replacement value of the nonconforming structure. However, improvements required to reinforce nonreinforced masonry structures shall be permitted without replacement cost limitations; provided, that such retrofitting is strictly limited to compliance with earthquake safety standards.

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

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

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

If the use of a nonconforming structure is discontinued for a period of six or more consecutive calendar months, the structure shall lose its nonconforming status, and shall be removed or altered to conform to the provisions of this zoning code. A use of a nonconforming structure shall be considered discontinued when any of the following apply:

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

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

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

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

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

A nonconforming use of a portion of a nonconforming commercial or industrial center or complex may be established or replaced by another similar nonconforming use subject to development plan review approval after a noticed public hearing as specified in CMC § 18.15.080, Hearings and appeals, and if all of the following findings are made:

Except as further allowed in subsection (C)(8) of this section, an existing nonconforming use or nonconforming structure may be minimally expanded or changed, up to a maximum of 10 percent, subject to development plan review approval, after a noticed public hearing as specified in CMC § 18.15.080, and if all of the following findings are made:

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

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

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

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

Real estate offices within approved development projects.

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

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

Christmas tree and pumpkin sale lots.

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

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

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

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

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

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

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

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

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

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

The proposed use is consistent with the general plan.

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

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

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

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

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

Provision for sanitary and medical facilities.

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

Provision for security and safety measures.

Regulation of signs.

Regulation of operating hours and days.

Submission of a performance bond or other surety devices to ensure that the temporary use location is restored to its original condition and any temporary facilities or structures used will be removed from the site within a reasonable time following the event. The city shall determine the amount of the bond or other security, and the event sponsor shall post it with the permitting authority.

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

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

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

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

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

The temporary use permit was obtained by misrepresentation or fraud.

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

The use is in violation of any statute, ordinance, law, or regulation in effect at the time of permit issuance.

City of Calimesa building and safety division;

City of Calimesa public works/engineering department;

Riverside County fire department;

Riverside County sheriff’s department;

Riverside County department of environmental health.

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

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

Yard or garage sales, or holiday displays.

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

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

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

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

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

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

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

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

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

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

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

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

Permit the modification of the dimensional standards of the following:

Permit the modification of sign regulations.

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

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

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

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

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

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

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

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

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

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

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

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

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

The variance was obtained by misrepresentation or fraud.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

When an interim ordinance has been adopted, every subsequent ordinance adopted pursuant to this section, covering the whole or a part of the same property, shall automatically terminate and be of no further force or effect upon the termination of the first interim ordinance or any extension of the ordinance as provided in this section.

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

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

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

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

Application. A request for reasonable accommodation shall be submitted on an application form provided by the planning department.

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

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

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

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 modification, or deny a request for reasonable accommodation. The written determination shall set forth applicable findings and any conditions of approval. A notice of the written determination and any conditions of approval shall be mailed to the applicant at the address shown on the application.

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

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

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

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

The requested accommodation will not require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning.

In determining whether the requested accommodation is necessary to provide one or more disabled persons an equal opportunity to use and enjoy a residence, pursuant to subsection (F)(2) of this section, the city may consider, but not be limited to, the following factors:

In determining whether the requested accommodation would require a fundamental alteration in the nature of a city program or law, pursuant to subsection (F)(4) of this section, the city may consider, but not be limited to, the following factors:

Expiration. Any reasonable accommodation approved in accordance with the terms of this section shall expire 12 months from the effective date of approval, or at an alternative time specified as a condition of approval, unless:

Extension. The applicant may, at least 30 days prior to expiration of the approved reasonable accommodation permit, request an extension of time in which to use the permit. The request for extension of time shall be made to the planning department on a form provided by the planning department and shall be accompanied by the fee set forth by resolution of the city council. The review authority responsible for approval of the request for accommodation shall review the request for extension. The review authority may grant an extension of up to 12 months, based upon a determination that a valid reason exists for the permit not being used within the required period of time. Multiple extensions are allowed; however, the total time granted under extension(s) for the use of the reasonable accommodation shall not exceed a period of three years, calculated from the date of permit approval.

All structures that require a building permit.

Signs, in accordance with Chapter 18.50 CMC, Sign Regulations.

Business licenses.

All planning entitlement and permit approvals to ensure compliance with applicable conditions of approval.

All other city applications that may be subject to the provisions of this zoning code, including but not limited to tree removal, encroachment, and grading and improvement plans.

Director Review. The planning director shall be the designated approving authority for determination of similar use.

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

The use resembles or is of the same basic nature as a use or uses expressly authorized in the applicable zone district or districts in terms of the following:

The use is consistent with the stated purpose of the applicable zone district or districts.

The proposed specific plan is consistent with the general plan goals, policies, and implementation programs.

The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city.

Summerwind Ranch. The Summerwind Ranch Specific Plan was approved in January 2005, and subsequently amended in November 2020, in September 2022, and April 2024. As amended, the project includes 2,590.1 acres approved for development of up to 4,009 dwelling units, as well as commercial, business park, open space, recreation, and public facility uses.

Mesa Verde Estates. The Mesa Verde Estates Specific Plan was approved in February 2007 and includes 1,493 acres approved for development of up to 3,850 dwelling units, as well as mixed use, open space, recreation, and public facility uses.

Heritage Oaks Equestrian Community Specific Plan. The Heritage Oaks Equestrian Community Specific Plan was approved in May 2007, and includes 54 acres approved for development of 45 single-family homes.