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Calimesa City Zoning Code

CHAPTER 18

20 RESIDENTIAL ZONE DISTRICTS

Prior legislation: Code 1990 § 12.3.07.

§ 18.20.010 General purpose.

The purpose of the residential zone districts is to provide a range of housing intensities for people of different income levels in Calimesa, as well as other limited land uses appropriate for a residential setting, consistent with the general plan, and to establish appropriate standards to protect the public health, safety, welfare, and aesthetics. The districts described in this chapter are created in order for the following to be achieved:
A. 
Ensure adequate light, air, privacy, and open space for each dwelling.
B. 
Protect residential uses from excessive noise, illumination, unsightliness, odor, smoke, and other objectionable influences.
C. 
Facilitate the provision of utility services and other public facilities commensurate with the anticipated increase in population, dwelling unit densities, and service requirements.
D. 
Facilitate the establishment and operation of other small uses appropriate for placement in a residential setting.
(Code 1990 § 12.3.01; Ord. 95-7 § 2; Ord. 285 § 4, 2009; Ord. 328 § 5 (Exh. C), 2014; Ord. 342 § 3 (Exh. A), 2016)

§ 18.20.020 Residential zone districts.

A. 
Open Space Residential (O-S-R) Zone. The zone is intended to preserve open space while allowing for limited detached single-family development. The terrain in this zone is unsuitable for a higher density due to steep slopes limiting sound pad areas on which to build. The minimum lot size in this zone is 10 acres.
B. 
Residential Estate (R-E) Zone. The zone is intended to provide for the development of single-family detached homes, and buildings and structures related to agriculture, farm use, animal keeping, and equestrian uses. The minimum lot size in this zone is five acres.
C. 
Rural Residential (R-R) Zone. The zone is intended to provide for the development of single-family detached dwellings and related agricultural uses on rural-sized lots and for such accessory uses as are related, incidental, and not detrimental to the rural residential environment. No more than two single-family dwellings per gross acre are permitted. The minimum lot size for this zone is 20,000 square feet.
D. 
Residential Low (R-L) Zone. The zone is intended to provide for and protect the atmosphere and lifestyle associated with detached, single-family residential neighborhoods. No more than four dwellings per gross acre are permitted. The minimum lot size for this zone is 7,200 square feet.
E. 
Residential Low/Medium (R-L-M) Zone. The zone is intended to provide for the development of small-lot single-family detached dwellings. No more than seven dwellings per gross acre are permitted. The minimum lot size for this zone is 6,000 square feet.
F. 
Residential Medium (R-M) Zone. The zone is intended to provide for the development of higher-density housing types. Included housing types are single-family detached, single-family attached, and multifamily homes such as duplexes, condominiums, townhouses, apartments, and senior citizen housing developments. This zone is situated in areas served adequately by infrastructure, allowing a maximum of 14 dwellings per gross acre. The minimum lot size is 6,000 square feet.
G. 
Residential High (R-H) Zone. The zone is intended to provide housing opportunities for people of low and moderate incomes in the form of attached or apartment-like living accommodations. The minimum lot area is 6,000 square feet, with a maximum of 20 dwelling units per gross acre.
H. 
Residential Infill Priority Area Overlay (RIPAOZ) Zone. The purpose of this chapter is to establish the residential infill priority area overlay zone (RIPAOZ) to encourage residential infill development at a higher density than the underlying zoning designation established by this chapter. The RIPAOZ identifies areas where residential infill development is encouraged; permits a flexible approach to providing affordable housing; aims to increase the variety of housing options in existing residential neighborhoods; fosters well-planned, compact developments keeping with the character of the existing neighborhood; promotes efficiency in the utilization of existing infrastructure and services; facilitates integrated physical design; promotes a high level of design quality; facilitates development proposals responsive to current and future market conditions; and provides safe vehicular circulation patterns for residents and safety/service providers.
1. 
When RIPAOZ overlay zone parcels are located on properties that permit mixed uses in the base zone, the overlay shall permit 100 percent residential use and require residential use to occupy at least 50 percent of the total floor area of a mixed-use project. No minimum percentage of nonresidential use shall be required.
2. 
Special Procedures for Projects With at Least 20 Percent Affordable Units. Notwithstanding any other provision of this section, owner-occupied and rental multifamily residential developments in the RIPAOZ that are located on a site that is identified as a candidate site in the Calimesa sixth cycle housing element (2021-2029) shall comply with the following provisions:
a. 
Notwithstanding the other provisions of this section, and in accordance with California Government Code Section 65583.2(c), as may be amended, a housing development project in which at least 20 percent of the units are affordable to lower-income households shall be a use by right on the following sites:
i. 
Nonvacant Sites. A nonvacant site that meets the following requirements:
(A) 
The site is designated in the sites inventory of the 2021-2029 housing element update as accommodating a portion of the regional housing need for lower-income households;
(B) 
The site was included in the sites inventory in a housing element for a prior housing element planning period; and
(C) 
The site was not approved to develop a portion of the city’s housing need during the previous planning period when the site was in the sites inventory.
ii. 
Vacant Sites. A vacant site that meets the following requirements:
(A) 
The site is designated in the sites inventory of the 2021-2029 housing element update as accommodating a portion of the regional housing need for lower-income households;
(B) 
The site was included in the sites inventory in a housing element for two or more consecutive prior housing element planning periods; and
(C) 
The site was not approved to develop a portion of the city’s housing need during the previous planning periods when the site was in the sites inventory.
b. 
The projects described in subsection (H)(2)(a) of this section shall not be required to obtain any discretionary permit but shall be subject to the review procedures in this section, except that neither the design review nor the site approval shall be considered a “project” for purposes of the California Environmental Quality Act.
c. 
For purposes of this subsection, the following terms have the following meanings:
i. 
“Affordable to lower-income house-holds” means that:
(A) 
The units shall only be rented or sold to lower-income households, as defined in California Health and Safety Code Section 50079.5;
(B) 
Regardless of whether the applicant is seeking a density bonus, the applicant shall comply with the requirements in Government Code Section 65915(c)(1) for rental units and with the requirements in California Government Code Section 65915(c)(2) for for-sale units.
ii. 
“Housing development project” shall have the meaning given in California Government Code Section 65589.5(h)(2).
iii. 
“Sites inventory” means the inventory of sites in the city suitable for residential development that is included in the city’s housing element, as further described in California Government Code Section 65583.2. The sites inventory in the city’s 2021-2029 housing element update is in Tables B-6 and B-7 of the housing element.
iv. 
“Use by right” means that the project shall not require a conditional use permit, planned unit development permit, or other discretionary review or approval that would constitute a “project” for purposes of the California Environmental Quality Act. However, any subdivision of the site shall be subject to all laws including, but not limited to, the Subdivision Map Act and CMC Title 16 of this code. Projects that are a use by right shall be subject to design review, but such design review shall not constitute a “project” for purposes of the California Environmental Quality Act.
d. 
Pursuant to California Government Code 65583.2, subdivisions (h) and (i), overlay zone sites to accommodate the city’s shortfall in satisfying the 2021-2029 lower income regional housing needs assessment allocation shall require the following additional provisions:
i. 
Development shall permit the accommodation of a minimum of 16 units per site.
ii. 
Require a minimum density of 20 units per acre.
3. 
In cases where the base zone permits residential uses, the following provisions shall apply to the base zone:
a. 
When more restrictive standards are present in the RIPAOZ overlay than the base zone, the base zone standards shall prevail.
b. 
If minimum density standards in the base zone are less than the RIPAOZ overlay, then the RIPAOZ standards shall prevail.
(Code 1990 § 12.3.02; Ord. 95-7 § 2; Ord. 328 § 5 (Exh. C), 2014; Ord. 342 § 3 (Exh. A), 2016; Ord. 392 § 7, 2023; Ord. 393 § 7, 2023; Ord. 394 § 7, 2023; Ord. 399 § 6, 2024)

§ 18.20.030 Use regulations for residential districts.

Table 18.20.030 provides a list of those uses in the residential zone districts which are permitted (P), subject to a conditional use permit (C), or prohibited (X). A minor development plan or major development plan may be required in accordance with Chapter 18.90 CMC, Development Plan Review.
Table 18.20.030 – Uses Permitted Within Residential Districts
Use
O-S-R
R-E
R-R
R-L
R-L-M
R-M
R-H
RIPAOZ Area 1
RIPAOZ Area 2
A. Residential Uses
Accessory dwelling unite
P
P
P
P
P
P
P
P
P
Bed and breakfast inna
C
C
C
C
C
C
C
C
C
Boarding house
X
X
X
X
X
X
C
X
X
Community care facility
• Six or fewer persons
P
P
P
P
P
P
P
P
P
• Seven or more persons
X
X
X
X
X
C
C
C
C
Convalescent care facility
X
X
X
X
X
C
C
C
C
Day care facility
• Six or fewer childrenb
P
P
P
P
P
P
P
P
P
• Seven or more childrenb
P
P
P
P
P
P
P
P
P
Guest housec
P
P
P
P
P
P
P
P
P
Junior accessory dwelling unitn
P
P
P
P
P
P
P
P
P
Manufactured housing
P
P
P
P
P
P
P
P
P
Mobile home park
X
X
X
X
X
X
X
X
X
Multifamily dwellings (apartments)d
X
X
X
X
X
P
P
X
Pp
Senate Bill 9 development projecto
X
X
X
P
P
X
X
 
 
Senior congregate care housing
X
X
X
X
X
C
C
C
C
Single-family attached (duplex, triplex, fourplex, townhouses, condominiums)d
X
X
X
X
X
P
P
P
Pp
Single-family detachedd
P
P
P
P
P
P
P
P
Pp
B. Equestrian Uses
Riding academy
C
C
C
X
X
X
X
X
X
Rodeo arena
X
C
C
X
X
X
X
X
X
Stables, private
P
P
P
X
X
X
X
X
X
Stables, commercial
C
C
C
X
X
X
X
X
X
C. Agricultural Uses
C
C
C
X
X
X
X
X
X
D. Commercial Uses
Hair stylistf
X
X
P
P
X
X
X
P
P
Feed and grain sales
X
X
C
X
X
X
X
X
X
Fruit and vegetable processing
X
X
C
X
X
X
X
X
X
Nursery and incidental garden supply
X
X
C
X
X
X
X
X
X
Produce market
X
X
C
X
X
X
X
X
X
Display and sale of agricultural productsg
X
X
C
X
X
X
X
X
X
E. Public/Quasi-Public Uses
Cemeteries, columbariums, mausoleums (including pet cemeteries)
X
X
C
X
X
X
X
X
X
Churches and other religious institutions
C
C
C
C
C
C
C
C
C
Educational institutions (public and private schools, not including vocational schools):h
a. Small (25 or fewer students) on sites with existing assembly uses and adequate off-street parking
b. Large (26 or more students)
 
 
 
 
 
 
 
 
 
P
P
P
P
P
P
P
P
P
C
C
C
C
C
C
C
C
C
Fire and police stations
X
X
C
C
C
C
C
C
C
Meeting places of nonprofit civic groups, community organizations, clubs and lodge halls
X
X
X
X
X
C
C
C
C
Public libraries and museums
X
X
C
C
C
C
C
C
C
Public utility and public service substations, reservoirs, pumping plants and similar installations, not including public utility offices
C
C
C
C
C
C
C
C
C
F. Recreational Uses
Archery ranges
C
X
X
X
X
X
X
X
X
Fishing lakes (commercial and noncommercial)
C
X
X
X
X
X
X
X
X
Golf courses and customary appurtenant facilities, including clubhouses, restaurants and retail shops, except driving ranges and miniature golf courses
C
C
C
X
X
X
X
X
X
Parks
P
P
P
P
P
P
P
P
P
Picnic grounds for day use only
P
X
X
X
X
X
X
X
X
G. Accessory Uses
Antennas, satellite dishes
P
P
P
P
P
P
P
P
P
Garages
P
P
P
P
P
P
P
P
P
Other accessory uses and structures located on the same site as a permitted use
P
P
P
P
P
P
P
P
P
Other accessory uses and structures located on the same site as a use subject to a conditional use permit
C
C
C
C
C
C
C
C
C
Permanent outdoor storage within parking lot areas
X
X
X
X
X
X
X
X
X
H. Home Occupations
Subject to the provisions of CMC § 18.15.090, Home occupation permits
I. Temporary Uses
Subject to the provisions of CMC § 18.15.130, Temporary use permits
J. Other
Apiaryi
P
X
X
X
X
X
X
X
X
Camp
C
X
X
X
X
X
X
X
X
Commercial cannabis activitym
X
X
X
X
X
X
X
X
X
Community gardenj
P
P
P
P
P
P
P
P
P
Farm projects (Future Farmers, 4-H or similar projects)k
P
P
P
X
X
X
X
X
X
Guest ranch
C
X
X
X
X
X
X
X
X
Kennels
X
C
C
X
X
X
X
X
X
Menageries, animal hospitals and shelters
C
C
C
X
X
X
X
X
X
Outdoor storage, front yard areasl
X
X
X
X
X
X
X
X
X
K. Other Uses Similar to and No More Objectionable Than the Uses Identified Above
Subject to the provisions of CMC § 18.15.180, Determination of similar use
Legend:
P – Permitted use
C – Subject to conditional use permit
X – Prohibited
Notes:
a.
Subject to the provisions of CMC § 18.20.050(C), Bed and Breakfast Inns.
b.
Subject to the provisions of CMC § 18.20.050(D), Small and Large Family Day Care Home Standards in Residential Dwelling Units, shall be licensed in compliance with state licensing requirements. In all cases, both small family day care homes and large family day care homes are and shall be treated as residential uses, subject only to the permitting, development and operational requirements that apply to residential uses of the same housing type location in the same zone.
c.
Subject to the provisions of CMC § 18.20.050(F), Guest House Standards.
d.
In all cases, supportive housing and transitional housing are and shall be treated as residential uses, subject only to the permitting requirements that apply to residential uses of the same housing type location in the same zone.
e.
Subject to the provisions of CMC § 18.20.050(L), Accessory Dwelling Units in Residential Zones.
f.
Subject to the provisions of CMC § 18.20.050(G), Hair Stylists.
g.
A permanent stand for the display and sale of the agricultural products of any permitted use that is produced on the premises where such stand is located or upon contiguous land owned or leased by the owner or occupant of the premises.
h.
Small educational facilities permitted by right must be located on property occupied by an approved assembly use and all uses on site must comply with off-street parking requirements. For large facilities, the planning commission shall consider the appropriateness of the use as part of the CUP process and with respect to the adequacy of off-street parking, neighborhood traffic, the building occupancy requirements for the proposed use, and other impacts of the use on surrounding properties and neighborhood.
i.
Provided, that hives or boxes housing bees are kept no closer than 500 feet from any dwelling other than that occupied by the owner of the apiary and 300 feet from any public road.
j.
Subject to the provisions of CMC § 18.20.050(N), Community Gardens.
k.
Provided the total number of animals shall not exceed the total number of animals allowed under this chapter.
l.
Outdoor storage within front yard areas, including refuse and waste material as defined in CMC § 8.05.010, is prohibited. Additionally, the use of 200 or more square feet of any lot for outside storage, wrecking, dismantling, or salvage of any used or secondhand materials, including but not limited to lumber, auto parts, household appliances, pipe drums, machinery, or furniture, is prohibited. A proposed or intended use by the owner of the used or secondhand materials does not constitute an exception to this definition. The outside storage of used or secondhand materials in an area less than 200 square feet is permitted only on the rear half of the lot or parcel.
m.
The prohibition on commercial cannabis activity is subject to the exceptions set forth in CMC § 18.135.040.
n.
Subject to the provisions of CMC § 18.20.050(O), Junior Accessory Dwelling Units in Residential Zones.
o.
Subject to the provisions of CMC § 18.20.050(P), Senate Bill 9 Development Projects.
p.
Sites in Area 2 of the RIPAOZ shall not be developed with a residential use unless such residential use meets the minimum density standard of 20 dwelling units per acre.
(Code 1990 § 12.3.03; Ord. 95-7 § 2; Ord. 285 § 5, 2009; Ord. 328 § 5 (Exh. C), 2014; Ord. 341-U § 11, 2016; Ord. 341 § 10, 2016; Ord. 342 § 3 (Exh. A), 2016; Ord. 353 § 8, 2017; Ord. 357 § 6, 2018; Ord. 369 § 6, 2021; Ord. 379 § 6, 2021; Ord. 388 § 6, 2023; Ord. 392 § 8, 2023; Ord. 393 § 8, 2023; Ord. 394 § 8, 2023; Ord. 399 § 7, 2024)

§ 18.20.040 Residential development standards.

The following property development standards shall apply to all development projects and permitted or conditionally permitted uses located within their respective residential districts. In addition, if the project is within an area adjacent to existing development within the scope of CMC § 18.20.060, Design and neighborhood compatibility standards, the project shall be subject to the neighborhood compatibility standards contained in CMC § 18.20.060.
A. 
General Requirements. Table 18.20.040 sets forth minimum site development standards for residential districts, unless stated as maximum by this zoning code.
Table 18.20.040 – Residential Development Standards
Standard
O-S-R
R-E
R-R
R-L
R-L-M
R-M
R-H
RIPAOZ Area 1
RIPAOZ Area 2
Maximum density (DUs per gross acre)
.1
.2
2
4
7
14
20
15
35
Minimum density (DUs per gross acre)
 
 
 
 
 
 
 
 
20
Minimum lot size (net area)
10 ac.
5 ac.
20,000 s.f.
7,200 s.f.
6,000 s.f.
6,000 s.f.
6,000 s.f.
1,591 s.f.
N/A
Minimum lot widtha
200'
100'
100'
70'
60'
60'
60'
37'
60'
Minimum lot depth
150'
120'
120'
100'
100'
100'
100'
43'
100'
Minimum front yard setback
35'
35'
30'
20'
20'
20'
20'
10'
10'
Minimum side yard setbacks
b
b
b
b
b
c
c
3'
e
Minimum rear yard setback
25'
25'
25'
10'
10'
d
d
5'
f
Maximum lot coverage
 
 
 
 
 
60%
60%
75%
75%
Maximum height for buildings and structures
32' or two stories, whichever is less
40' or three stories, whichever is less
32' or two stories, whichever is less
40' or three stories, whichever is less
Notes:
a.
Flag lots (lots with less than the required lot width minimum) are prohibited. Cul-de-sac lots shall have a minimum width of 35 feet.
b.
Side Yard Setbacks (O-S-R, R-E, R-R, R-L, and R-L-M Districts).
 
1.
The minimum combined side yard setback shall be 17 feet with a minimum side yard setback of five feet except on the side of the lot closest to the driveway it shall be 12 feet. The 12-foot side yard shall be maintained exclusive of any structural or other physical encroachments (HVAC units, utility meters, etc.) other than eave overhangs or other improvements which do not project more than 24 inches into the side yard. The 12-foot side yard may be reduced behind the rear of the main building line to not less than five feet for open patios and other similar open structures, swimming pools, and pool equipment.
 
2.
Corner lots shall maintain a minimum combined setback of 20 feet with a minimum setback of five feet except on the street side where a minimum of 15 feet shall be maintained from the property line (edge of right-of-way) for all structures.
 
3.
Side Yard Exceptions. Each lot with an existing nonconforming dwelling unit which otherwise meets current building code and current zoning requirements may have additions placed at existing building setbacks with not less than five-foot side yards, except where the 12-foot side yard can be maintained for any additions, or where the lot has legal access onto a dedicated alley.
c.
Side Yard Setbacks (R-M and R-H Districts).
 
1.
One-story buildings: five feet.
 
2.
Two-story buildings: five feet for the first story; 10 feet for the second story.
 
3.
For buildings having more than two stories: five feet for the first story; 10 feet for the second story; and an additional five feet for each story thereafter.
d.
Rear Yard Setbacks (RM and RH Districts).
 
1.
One- and two-story buildings: 10 feet.
 
2.
For buildings having more than two stories: 10 feet for the first and second stories; and an additional five feet for each story thereafter.
 
3.
The required rear yard may be reduced to not less than five feet for open patios and other similar open structures, swimming pools, and pool equipment.
e.
Side Yard Setbacks (RIPAOZ 2). One-story building: five feet. Two-story building: five feet for the first story and 10 feet for the second story. For buildings having more than two stories: five feet for the first story; 10 feet for the second story; and an additional five feet for each story thereafter.
f.
Rear Yard Setbacks (RIPAOZ 2). One- and two-story buildings: 10 feet. For buildings having more than two stories: 10 feet for the first and second stories; and an additional five feet for each story thereafter.
B. 
Yard Encroachments. Where yards are required by this code, they shall be open and unobstructed from the ground to the sky and kept free of all structural encroachments, except as follows:
1. 
Fences, walls, retaining walls, and screening materials in accordance with Chapter 18.65 CMC, Fence, Wall, and Screening Standards.
2. 
Uncovered steps leading to the primary residence, provided the steps are not more than four feet in height from final grade, not including any required handrail, and do not cause a hazard to traffic by obstructing the view of a street or intersection.
3. 
Decks, porches, patio covers, and bay windows, not more than 10 feet wide, projecting not more than five feet into any required front yard or rear yard setback, and not more than two feet into any required side yard setback.
4. 
Roof overhangs, eaves, and cornices projecting not more than three feet into any required front yard or rear yard setback, and not more than two feet into any required side yard setback.
5. 
Sidewalks, patios, and pathways.
6. 
Driveways leading to a garage or required parking area. No portion of a front yard, except for approved driveways, patios, allowed parking areas, and pathways, may be hard-surfaced or gravel.
(Code 1990 § 12.3.04; Ord. 95-7 § 2; Ord. 277 § 2, 2008; Ord. 328 § 5 (Exh. C), 2014; Ord. 342 § 3 (Exh. A), 2016; Ord. 370 § 2 (Exh. A), 2020; Ord. 392 § 9, 2023; Ord. 393 § 9, 2023; Ord. 394 § 9, 2023; Ord. 399 § 8, 2024)

§ 18.20.050 Specific development standards for residential districts.

A. 
Nonhabitable Accessory Structures. Non-habitable accessory structures are subject to the following requirements:
1. 
A nonhabitable accessory structure shall be compatible in terms of mass, scale, height, design, colors, and materials with the existing structures on the parcel, or the existing structures shall be modified to be compatible with the new construction. In addition, new construction of non- habitable accessory structures on vacant parcels (where permitted) shall be compatible with the surrounding development pattern in terms of the mass, scale, and height of surrounding structures as specified in this section.
2. 
Nonhabitable accessory structures may only be constructed on a lot containing a main dwelling unit, except for agricultural buildings where permitted and in compliance of this section.
3. 
Permitted nonhabitable accessory structures shall maintain the yard requirements of the underlying zone and shall not cover more than 30 percent of the required rear yard. No nonhabitable accessory building or structure shall be located within a required front or side yard.
4. 
Nonhabitable accessory structures of 1,500 square feet or less in size, located on a residentially zoned lot of 15,000 square feet or greater in size, shall be exempt from public improvements requirements or fees in lieu of such.
5. 
Nonhabitable accessory structures on lots or parcels with 7,200 square feet or less shall be limited to one story and not more than 18 feet in height to the ridge and nine feet in height to the top plate. Height shall be measured in accordance with the “building height” definition of the Calimesa zoning code.
6. 
Nonhabitable accessory structures on lots or parcels with 7,200 square feet or less shall be limited in size to not more than eight percent of the total lot area and 50 percent of the area (in square feet) of the primary structure. However, the minimum size requirements for a garage shall supersede this restriction, should the resulting floor area be less than the minimum required.
B. 
Agricultural and Animal Uses.
1. 
Applicability. All agricultural and animal keeping uses conducted shall comply with the provisions of this section in addition to the applicable provisions of the zone district in which the use is located.
2. 
Domestic Pets and Large Animals.
a. 
The noncommercial keeping of dogs, cats, domestic equines, bovines, swine, llamas, alpacas, rabbits, chicken (poultry), and similar pets or agricultural animals as listed in this subsection shall be permitted so long as the minimum requirements in Table 18.20.050 are met.
Table 18.20.050 – General Requirements for Domestic Pets, Large and Small Animals
Land Use District (Zone)
Maximum Number of Animals Allowed
All lots within single-family residential zones with less than 20,000 square feet
1. Four adult dogs or four adult catsa
2. Any number of household pets, excluding cats and dogs
3. Two potbelly pigsc
4. A maximum combination of no more than 10 rabbits or chickens (poultry, excluding roosters, and other household pets)b,i
All lots within single-family residential zones with 20,000 square feet or more
1. Eight adult pets (dogs or cats)d
2. Any number of pets, excluding cats and dogsb
3. Four potbelly pigse
4. Two large animals per 20,000 square feetf,h,i
5. A maximum combination of no more than 50 rabbits or chickens (poultry, including roosters, and other household pets) per 20,000 square feetb,g,i,j
Notes:
a.
Allows for a combination of both cats and dogs but not exceeding four animals total.
b.
Household pets include tropical fish, pet rats and mice, birds, or similar small pets (excluding dogs, cats, and potbelly pigs).
c.
Allows a combination of cats, dogs, and potbelly pigs not to exceed a total of four pets, such as two cats, one dog, and one potbelly pig, or any combination thereof.
d.
Requires lot size of at least 20,000 square feet, otherwise the total shall not exceed those allowed in footnote a.
e.
Allows a combination of cats, dogs, and potbelly pigs not to exceed a total of eight pets, such as two cats, two dogs, and two pigs, or any combination thereof.
f.
Minimum lot area of 20,000 square feet; provided, however, that two animal units may be kept on the first 20,000 square feet of lot area and one additional animal unit may be kept on each additional half-acre of lot area, subject to this chapter.
g.
In no case shall the number of animals exceed 500 per parcel.
h.
A “large animal” is defined as one equine, one bovine, one swine, one llama, or one alpaca, as well as two miniature horses, two sheep, or two goats.
i.
The offspring of permitted adult animal units shall not be counted in determining the permitted number of animal units allowed on a lot, if such offspring do not exceed one year of age for equines, bovines, swine, llamas, and alpacas.
j.
No more than one rooster for every 10 hens.
b. 
All pets and animals must be provided with adequate food, water, and proper shelter adequate in size to house the animal during periods of inclement weather (for large animal requirements see subsection (B)(3)(a)(vii) of this section).
3. 
Additional Standards for the Keeping of Large Animals, Which Include Domestic Equines, Bovines, Swine, Llamas, and Alpacas.
a. 
The noncommercial keeping of equines, bovines, swine, llamas, and alpacas is permitted in all single-family residential zone districts and land use districts, subject to the following provisions:
i. 
The minimum lot area requirement of 20,000 square feet shall not include the “arm” or narrow access drive of a flag lot or other unusable areas (e.g., steeply sloped) of the lot where animal-keeping is not feasible, and shall not be included in the calculation of the required 20,000-square-foot lot area.
ii. 
Open corrals and enclosures shall be located and maintained no less than 10 feet to any side or rear property line.
iii. 
Open corrals and enclosures may be located in the front yard if located at least 50 feet from the front property line.
iv. 
Barns and related structures shall be consistent with the regulations for accessory structures in the residential zone districts.
v. 
Front, side, and rear yard areas may be used for pasture area and shall be maintained in a sanitary and orderly condition.
vi. 
Adequate and durable fencing necessary to keep the animals from escaping the property shall be required.
vii. 
All animals identified in this section must be provided with food, water, and proper shelter adequate in size to house the animal during periods of inclement weather. “Adequate size” shall mean room enough for all of the animal(s) being kept, including the ability for the animal to turn around inside of the shelter. The shelter must be roofed with a solid material that can withstand the elements known to Calimesa, such as wind, rain, and occasional periods of snow, as well as hot weather.
b. 
Nonprofit educational animal-keeping organizations may be located in the O-S-R, R-E, and R-R districts, subject to the approval of a conditional use permit. The scope and scale of the use, including but not limited to the number of animals, the number of participants, the location of the use on the property, availability of parking for participants, and hours of operation, shall be subject to review and approval by the planning commission through the conditional use permit process.
4. 
Additional Standards for Keeping Rabbits, Chickens (Poultry), and Other Small Animals.
a. 
Animals in this category numbering from one to 10 shall be kept, fed, and maintained not less than 20 feet from any property line unless a minor development plan review (MDPR) approval is obtained from the city with consent from the adjacent property owners. However, the distance criteria shall be re-established upon new construction of residential dwellings on the adjacent lots.
b. 
Animals in this category numbering 11 or more shall be kept, fed, and maintained not less than 50 feet from any property line unless a minor development plan review (MDPR) approval is obtained from the city with consent from the adjacent property owners. However, the distance criteria shall be re-established upon new construction of residential dwellings on the adjacent lots.
C. 
Bed and Breakfast Inns.
1. 
Bed and breakfast inns shall be subject to the following requirements:
a. 
The inn structure shall serve as the owner’s primary residence. If a corporation is the owner, a majority shareholder shall reside primarily in the inn structure.
b. 
The bed and breakfast use shall be operated as an accessory use to the owner’s residential use.
c. 
Guests may check in only from 9:00 a.m. to 8:00 p.m.
d. 
Breakfast shall be the only meal served to guests of the bed and breakfast rooms.
e. 
No long-term rental of rooms shall be permitted. The maximum stay for guests shall be 14 days.
f. 
No cooking facilities shall be allowed in the guest rooms.
g. 
Applications shall be subject to a one-year review period by the planning commission.
h. 
If the use at any time becomes unduly intrusive to the neighborhood, the permit may be revoked at the discretion of the planning commission, pursuant to CMC § 18.15.050(J), Revocation.
i. 
The permit to operate is granted solely to the property owner. If a change of ownership occurs, a new application shall be required.
j. 
Satisfactory evidence of compliance with state and local laws in other land use endeavors, if any, shall be provided by the owner as a prerequisite to any approvals under this chapter.
2. 
Property Development Standards.
a. 
The lot upon which the bed and break-fast inn is to be established shall conform to all standards of the zone district in which it is located, and shall not be further subdivided.
b. 
One parking space in a permitted location shall be provided on the same lot for each guest room and each employee, in addition to the required parking spaces serving the resident owner.
c. 
Outdoor living space shall be provided in accordance with the minimum standards of the underlying zone.
d. 
Any sign shall be reviewed as part of the conditional use permit application, and shall not exceed four square feet in area. If not attached to the residence, a sign shall not exceed three feet in height. One sign shall be permitted. Wording such as “motel,” “hotel,” “motor hotel,” or “lodge” shall not be permitted. The establishment may be referred to as an “inn.” The sign may be lighted externally. Lighting shall be turned off between 10:00 p.m. and 6:00 a.m.
e. 
Number of Rooms.
i. 
In the single-family residential zones, the number of guest rooms shall not exceed one room for each multiple of minimum lot area required for each dwelling unit in the underlying zone, with a maximum number of 10.
ii. 
In the multiple-family residential zones, the maximum number of rooms shall be determined by the adequacy of the parcel to provide on-site parking and outdoor living space.
f. 
The planning commission may, at the time of application, determine a reasonable maximum limit to the total number of guests staying at the inn.
g. 
In addition to standards required of all conditional uses, the planning commission may require the preservation and maintenance of significant permanent landscaping features and significant historical, architectural, or cultural features of the structure or property.
D. 
Small and Large Family Day Care Home Standards in Residential Dwelling Units. Small and large family day care homes shall be constructed, maintained and operated in the following manner:
1. 
The facility shall conform to all property development standards and operational standards of the residential land use district in which it is located.
2. 
Signs shall comply with Chapter 18.50 CMC, Sign Regulations, applicable to the residential land use district and type of residence in which the family day care home is located.
3. 
Fences and walls shall be installed and maintained pursuant to Chapter 18.65 CMC, Fence, Wall and Screening Standards, applicable to the residential land use district and type of residence in which the family day care home is located.
4. 
On-site landscaping shall be installed and maintained pursuant to Chapter 18.70 CMC, Land-scape Requirements, applicable to the residential land use district and type of residence in which the family day care home is located.
5. 
All on-site parking shall comply with the provisions of Chapter 18.45 CMC, Off-Street Parking, for residential uses in the same zone.
6. 
All on-site lighting shall comply with Chapter 18.120 CMC, Outdoor Lighting, for residential uses in the same zone.
7. 
The facility shall contain a fire extinguisher, smoke detector and carbon monoxide devices as required by state law, and meet all state standards and codes, and comply with any other standards adopted by the city of Calimesa for residential uses in the same zone.
8. 
All family day care homes shall be state licensed and shall be operated according to all applicable state and local statutes and regulations.
E. 
Front/Rear Yard Average Standards.
1. 
Front/rear yard setbacks required by the base district may be averaged on the interior lots within a single-family detached or duplex subdivision.
2. 
The front/rear yard setback of a group of five adjacent dwelling units may vary up to five feet from that required. The average setback of all five units shall be equal to the minimum required for the base district.
3. 
A reduction of the front yard setback may be granted by the planning commission as an incentive to place garages behind houses, with access obtained from the side yards. In no case shall the front yard setback be reduced to less than 10 feet from the public right-of-way line. All front yard setbacks shall be measured from the public right-of-way line.
F. 
Guest House Standards. Guest houses shall be constructed in the following manner:
1. 
All guest houses shall conform to the property development standards of the underlying land use district.
2. 
There shall be no more than one guest house on any lot.
3. 
The floor area shall not exceed 500 square feet.
4. 
The guest house shall not exceed the height of the main dwelling.
5. 
There shall be no kitchen or cooking facilities in a guest house.
6. 
The guest house shall conform to all of the setback regulations outlined in the applicable land use district.
7. 
The guest house shall be attached to the main dwelling with a roof-to-roof connection (i.e., roof trellis or other open structure).
8. 
The guest house shall be used only by the occupants of the main dwelling, their nonpaying guests, or domestic employees. The guest house shall not be rented.
G. 
Hair Stylists. Hair stylist operations shall be subject to the following requirements.
1. 
Operation shall be by residents of the dwelling.
2. 
No assistants shall be employed.
3. 
One unlighted sign not to exceed two square feet shall be allowed on site.
H. 
Minimum Dwelling Size Standards. The following minimum dwelling areas are computed by calculating the living areas as measured from the outside of walls and exclude garages, carports, exterior courtyards, patios, or balconies.
1. 
The minimum area requirements for single-family residential units are as follows:
a. 
Single-family tracts: minimum livable area, 1,200 square feet.
b. 
Infill single-family tracts: minimum livable area, 1,000 square feet.
c. 
Notes.
i. 
Infill single-family tracts are defined as tracts less than 20 dwellings in size.
ii. 
The minimum setbacks of the applicable land use district shall be applied.
2. 
The minimum area requirements for apartments/multifamily are as follows:
Minimum Livable Area
Number of Bedrooms
Number of Baths
750 sq. ft.
1
1
900 sq. ft.
2
1-1/2
1,000 sq. ft.
3
2
1,200 sq. ft.
3+
2
I. 
Mobile Home and Manufactured Housing Standards. Manufactured or mobile homes shall be subject to the following requirements:
1. 
Mobile or manufactured homes may be used as single-family dwellings in the residential land use districts if the home is certified under the National Mobile Home Construction and Safety Standards Act of 1974, and was constructed within 10 years of the date of the application for issuance of a permit to install the mobile/manufactured home. Documentation indicating certification and construction date must be submitted to the building and safety division in order to secure valid building permit(s).
2. 
Mobile or manufactured homes shall be installed on an approved permanent foundation system in compliance with all applicable codes, pursuant to Section 18551 of the California Health and Safety Code.
3. 
The planning director shall determine that the subject lot, together with the proposed mobile or manufactured home, is compatible with the surrounding development. This determination shall include an assessment of on-site design and development standards and materials, architectural aesthetics, setbacks, building height, accessory buildings, access, off-street parking and minimum square footage requirements, and any other criteria determined appropriate by the planning director.
4. 
The following specific design standards shall govern the installation and construction of manufactured and mobile homes:
a. 
All homes shall have a minimum eave dimension of one foot.
b. 
All siding shall be nonreflective and shall be installed from the ground up to the roof.
c. 
All roofs shall have a minimum pitch of 1:4.
d. 
All homes shall have a minimum width (across the narrowest portion) of 20 feet.
e. 
Homes constructed on lots of 20,000 square feet or greater shall be required to:
i. 
Construct a minimum of two roof dormers on the front of the house facing a street or public view; and
ii. 
Architecturally treat gables.
J. 
Multifamily Housing Standard. Multifamily housing shall be constructed in the following manner:
1. 
All multifamily developments with 12 or more dwelling units shall provide 30 percent usable open space for passive and active recreational uses. Usable open space areas shall not include rights-of-way, vehicle parking areas, areas adjacent to or between any structures less than 15 feet apart, setbacks, patios or private yards, or slope areas greater than eight percent.
2. 
Each dwelling unit shall have a private (walled) patio or balcony as follows:
a. 
Ground-level units: 25 percent of dwelling unit size.
b. 
Upper-story units: 15 percent of dwelling unit size.
3. 
All multifamily developments shall provide recreational amenities within the site, and may include a swimming pool; spa; clubhouse; tot lot with play equipment; picnic shelter/barbecue area; court game facilities such as tennis, basketball, or racquetball; improved softball or baseball fields; or day care facilities. The type of amenities shall be approved by the planning director and provided according to the following schedule:
Schedule Table
Units
Amenities
0 – 11
0
12 – 50
1
51 – 100
2
101 – 200
3
201 – 300
4
Note: Add one amenity for each 100 additional units or fraction thereof.
4. 
Off-street parking spaces for multifamily residential developments shall be oriented to the front of the dwelling unit for which the parking space is provided.
5. 
Each dwelling unit shall be provided with a minimum of 150 cubic feet of enclosed storage space within the garage, carport, or immediately adjacent to the dwelling unit.
6. 
Driveway approaches within a multifamily development of 12 or more units shall be delineated with interlocking pavers and/or rough-textured concrete and landscaped medians.
7. 
All parts of all structures shall be within 100 feet of paved access for single-story and 50 feet for multistory units.
8. 
A bus turnout and shelter on the on-site arterial frontage shall be dedicated if the project is located on a bus route as determined by the planning director.
9. 
Common laundry facilities of sufficient number and accessibility consistent with the number of living units and the Uniform Building Code shall be provided.
10. 
Each condominium unit shall be plumbed and wired for a washing machine and dryer.
11. 
Each dwelling unit shall be provided with an automatic dishwasher and a heavy-duty garbage disposal unit.
12. 
Telephone jacks shall be installed in all living rooms, kitchens, and bedrooms.
13. 
Interior television antennas (cable television) shall be installed in each apartment unit, or a central interior antenna shall be installed in each apartment building. No exterior antenna or satellite dish antenna shall be permitted.
14. 
All utilities, including but not limited to electrical, cable television, and telephone lines, on the site shall be underground.
15. 
Each multiple-dwelling building or complex shall provide one hose bib for each three required parking spaces, and these hose bibs shall be located adjacent to the open parking areas. One dedicated carwash space shall be provided for every 100 units.
16. 
Lighting. Refer to Chapter 18.120 CMC, Outdoor Lighting.
17. 
Management and security plans shall be submitted for review and approval for multifamily developments with 12 or more dwelling units. These plans shall be comprehensive in scope.
18. 
Electronic Gates. Multifamily buildings or complexes with 40 or more dwellings shall provide electronic gates as follows:
a. 
A minimum six-foot-high, decorative wrought iron fence shall be provided along the front of the property, to the rear of any required setback. Such fence shall incorporate a self-locking remote-controlled vehicle and pedestrian entry/exit gate. The vehicle entry shall incorporate an electronically activated tenant marquee to permit notification of tenants in the event of visitors. Such marquee shall be five feet above finished grade.
K. 
Recreational Vehicle Storage Facilities. Developments within the multifamily land use districts and with 12 or more dwelling units shall provide recreational vehicle storage facilities. The storage facilities shall be constructed in the following manner:
1. 
Centralized storage areas shall be provided for recreational vehicles, boats, etc., at a minimum of one space for each eight dwelling units. Any fractional space requirement shall be constructed as requiring one full storage space, pursuant to Chapter 18.45 CMC, Off-Street Parking.
2. 
Individual storage spaces shall measure not less than 12 feet by 30 feet, and shall have direct access to a driveway with a minimum paved width of 25 feet.
3. 
Storage areas shall be paved and drained.
4. 
Storage areas shall be completely screened from exterior view by a combination of landscaping, masonry walls, fences, or other comparable screening devices eight feet in height, subject to the approval of the planning director.
L. 
Accessory Dwelling Units in Residential Zones.
1. 
These standards are adopted pursuant to California Government Code Section 65852.2. The purpose of these standards is to establish procedures and standards for the development of accessory dwelling units in a manner that preserves the integrity of single-family and multifamily residential areas, avoids adverse impacts on such areas, and provides additional housing opportunities consistent with state law.
2. 
An application for an accessory dwelling unit shall be considered ministerially, without discretionary review or a hearing, within 60 days after receiving a complete application. Certain accessory dwelling units are reviewed through a ministerial building permit only process (subsection (L)(4) of this section), whereas other accessory dwelling units are subject to a ministerial planning ADU review (subsection (L)(5) of this section). If the accessory dwelling unit is being proposed as part of another accessory structure, the application for the accessory dwelling unit may be considered separate from, and after, the application for the accessory structure.
3. 
The following standards shall apply to all accessory dwelling units:
a. 
The lot shall contain an existing primary unit at the time an application for an accessory dwelling unit is submitted, or the application for the accessory dwelling unit may be made in conjunction with the development of the primary unit. Commencement of the 60-day accessory dwelling unit review period shall commence upon the approval of the primary dwelling unit. The city may choose to process the accessory dwelling unit and the primary dwelling unit concurrently, so long as the application for the accessory dwelling unit is approved within 60 days after the approval of the primary structure and the primary structure is issued building permits prior to or concurrent with the accessory dwelling unit. A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed concurrently with the application for the accessory dwelling unit and shall be issued at the same time.
b. 
For properties with single-family structures, no more than one accessory dwelling unit and one junior accessory dwelling unit (see subsection (O) of this section) shall be permitted on any one lot.
c. 
The minimum gross floor area of an accessory dwelling unit shall be 150 square feet.
d. 
The total area of floor space for an attached accessory dwelling unit shall not exceed 50 percent of the proposed or existing primary dwelling living area, with a maximum increase in floor area of 1,200 square feet.
e. 
The total area of floor space for a detached accessory dwelling unit shall not exceed 1,200 square feet.
f. 
For any accessory dwelling unit constructed as a second story or converted from second story space, one four-foot-wide exterior stairway may be constructed to provide access to the unit, as approved by the fire marshal.
g. 
The owner of the lot shall enter into a restrictive covenant with the city providing that the accessory dwelling unit shall not be sold, or title thereto transferred, separate from that of the property and shall not be leased for a period of less than 30 consecutive days.
h. 
An attached accessory dwelling unit shall have a separate entrance.
i. 
In addition to the required parking for the primary unit, one off-street parking space shall be provided on the same lot that the accessory dwelling unit is located. This subsection shall not require an off-street parking space if:
i. 
The accessory dwelling unit is located within one-half mile, measured in walking distance, of public transit, including bus stops;
ii. 
The accessory dwelling unit is located within an architecturally and historically significant historic district;
iii. 
The accessory dwelling unit is part of the proposed or existing primary residence or an existing accessory structure;
iv. 
When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or
v. 
When there is a designated parking space for a car share vehicle located within one block of the accessory dwelling unit.
j. 
Off-street parking shall be permitted in front, side, and rear yard setback areas or through tandem parking. The parking does not need to be covered or in an enclosed garage.
k. 
When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or where such structure is converted into an accessory dwelling unit, any off-street parking required for the primary residence that is lost shall not be required to be replaced.
l. 
No setback shall be required for an existing legally constructed garage or portion of a garage that is converted to an accessory dwelling unit, or for a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit. A setback of four feet from the side and rear lot lines shall be required for any other accessory dwelling unit, including an ADU that is constructed above a detached garage.
m. 
Upon approval of an accessory dwelling unit on a lot, the lot shall not be further divided, unless there is adequate land area to divide the lot consistent with the general plan and zoning designation, or as required by CMC § 17.15.060.
n. 
Except as otherwise required herein, all construction, structural alterations or additions made to create an accessory dwelling unit shall comply with current development standards and building, electrical, fire and plumbing codes. A permit to create an accessory dwelling unit shall not be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.
o. 
The accessory dwelling unit may be rented but shall not be sold or otherwise conveyed separately from the primary residence on the lot.
p. 
Except as otherwise required herein, the accessory dwelling unit shall be subject to the same minimum required front yard setback as the main dwelling unit.
q. 
A detached accessory dwelling unit that is 800 square feet or less, consistent with the height requirements in subsection (L)(5)(b)(ii) of this section, and compliant with a minimum four-foot side and rear setback, shall be considered consistent with all city development standards, irrespective of any other municipal code limitations governing lot coverage, floor area ratio, open space, or front yard setback. For any other accessory dwelling unit, lot coverage, floor area ratio, open space, and front yard setback requirements for the underlying zone shall apply.
r. 
Fire sprinklers are not required for ADUs if not required for the primary residence, as determined by the fire marshal. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
s. 
If the accessory dwelling unit will be connected to an on-site wastewater treatment system, the city may require that approval from the Regional Water Quality Control Board and a percolation test has been completed within the last five years, or 10 years in the case of tests that have been recertified.
4. 
The director of community development, or designee, shall approve an application for the following accessory dwelling units in a stream-lined building permit only process, within 60 days of a complete application:
a. 
Accessory Dwelling Units on Single-Family Lots. One accessory dwelling unit within the space of an existing or proposed single-family dwelling or a detached accessory dwelling unit in an existing accessory structure. The accessory dwelling unit may expand the space of the existing accessory structure by up to 150 square feet beyond the physical dimensions of the accessory structure to allow for ingress and egress. Rear and side yard setbacks must be sufficient for fire and safety. The accessory dwelling unit must have exterior access separate from the proposed or existing single-family dwelling. An ADU allowed under this subsection may be combined with a JADU authorized under subsection (O) of this section.
b. 
Detached Accessory Units on Single-Family Lots. One detached, new construction accessory dwelling unit, so long as the accessory dwelling unit maintains at least a four-foot rear and side yard setback, does not exceed 800 square feet, and does not exceed the height requirements in subsection (L)(5)(b)(ii) of this section. This ADU may be combined with a JADU authorized under subsection (O) of this section.
c. 
Accessory Dwelling Units in Multifamily Buildings. Multiple accessory dwelling units within the portions of an existing multifamily dwelling, in spaces not used as living space. Examples include conversion of storage rooms, boiler rooms, attics, basements, and garages. Each unit must comply with building standards. The number of accessory dwelling units that may be created in a multifamily dwelling is equal to 25 percent of the number of existing units, or one accessory unit, whichever is greater.
d. 
Detached ADUs on Multifamily Lots. Not more than two detached ADUs, on a lot with an existing or proposed multifamily dwelling. The accessory units are subject to the height requirements in subsection (L)(5)(b)(ii) of this section and must maintain at least a four-foot rear and side yard setback. If the existing multifamily dwelling has a rear or side setback of less than four feet, the existing multifamily dwelling need not be modified to construct an accessory dwelling unit that satisfies the requirements of this subdivision.
5. 
Notwithstanding the other provisions herein, the director of community development, or designee, shall review and approve within 60 days an application for an accessory dwelling unit through a planning ADU review for an accessory dwelling unit that does not fall within the prior categories listed in subsection (L)(4) of this section.
a. 
Accessory dwelling units approved under this subsection (L)(5) shall include but not be limited to the following, so long as they comply with subsection (L)(5)(b) of this section:
i. 
An attached accessory dwelling unit that requires an addition to a single-family residence;
ii. 
A detached accessory dwelling unit that is 801 to 1,200 square feet;
iii. 
An accessory dwelling unit constructed above a detached garage;
iv. 
Any other accessory dwelling unit that does not fall within subsection (L)(4) of this section but meets the development standards provided herein.
b. 
An accessory dwelling unit approved pursuant to this subsection (L)(5) shall comply with the following standards, in addition to the standards in subsection (L)(3) of this section:
i. 
The design, colors, and materials of an accessory dwelling unit shall match those of the primary unit.
ii. 
Maximum building height shall not exceed 32 feet for a detached accessory dwelling unit. An accessory dwelling unit that is constructed as an addition to an existing single-family residence shall not exceed 16 feet in height. An accessory dwelling unit shall not be constructed as a second-story addition to an existing single-family residence.
iii. 
An accessory dwelling unit greater in size than 800 square feet shall not cover more than 30 percent of the required rear yard within single-family zones.
iv. 
A detached accessory dwelling unit greater in size than 800 square feet shall be separated from the primary dwelling by at least 10 feet.
v. 
An accessory dwelling unit constructed above a detached garage shall meet the following standards:
(1) 
Notwithstanding the general height restrictions in subsection (L)(5)(b)(ii) of this section, an accessory dwelling unit that is constructed above a detached garage shall not exceed 32 feet in height.
(2) 
The accessory dwelling unit shall maintain at least four-foot setbacks from the side and rear lot lines.
(3) 
For any accessory dwelling unit that is constructed as a second story addition or above a garage, all windows facing the side or rear lot lines shall be made of frosted or etched glass, or otherwise include a privacy film or treatment to ensure privacy for neighboring properties if the lot line abuts another residential property.
6. 
Fees Charged for Accessory Dwelling Units.
a. 
An accessory dwelling unit is a new residential unit for the purpose of calculating connection fees or capacity charges only if it is constructed in conjunction with a new single-family dwelling.
b. 
The applicant shall pay to the city all applicable fees imposed on such new development, including, but not limited to, park and recreational facility fees. An agency, special district, or water corporation cannot impose an impact fee on an ADU less than 750 square feet. For larger ADUs (i.e., 750 square feet or more), the impact fee must be charged proportionally to the square footage of the primary dwelling unit. For example, if a primary dwelling is 1,600 square feet and a proposed accessory dwelling unit is 800 square feet, the applicable impact fee for the accessory dwelling unit is 50 percent of the amount of the fee for the single-family dwelling.
c. 
Where an accessory dwelling unit will be within the space of an existing single-family dwelling or accessory structure, and qualifies for approval with just a building permit, an agency cannot require the applicant to install a new or separate utility connection. A new or separate utility connection can be required for any other accessory dwelling unit.
7. 
In the event of any conflicts between the standards set forth in this chapter and those set forth in the regulations of the applicable zoning district, the provisions of this chapter shall prevail.
8. 
An accessory dwelling unit that conforms to this section shall be deemed to be in compliance with the general plan.
M. 
Senior Citizen/Congregate Care Housing Standards. Senior group housing developments (housing more than six residents) shall be constructed in the following manner:
1. 
A bus turnout and shelter on the on-site arterial frontage shall be dedicated if the project is located on a bus route as determined by the planning director.
2. 
Dial-a-ride transportation shuttles shall be provided; number to be determined by transit authority during project review.
3. 
The parcel upon which the senior group housing facility is to be established shall conform to all standards of the underlying land use district.
4. 
The senior group housing shall conform with all local, state, and federal requirements.
5. 
The minimum floor area for each residential unit shall be as follows:
Number of Bedrooms
Minimum Livable Area
Studio
410 sq. ft.
1
510 sq. ft. (if kitchen-dining and living areas are combined)
570 sq. ft. (if kitchen-dining and living areas are separate)
2
610 sq. ft. (if kitchen-dining and living areas are combined)
670 sq. ft. (if kitchen-dining and living areas are separate)
6. 
The main pedestrian entrance to the development, common areas, and the parking facility shall be provided with handicapped access pursuant to CMC § 18.45.070, Handicap parking requirements.
7. 
Indoor common areas and living units shall be handicap-adaptable and be provided with all necessary safety equipment (e.g., safety bars), as well as emergency signal/intercom systems as determined by the planning director.
8. 
Outdoor lighting shall be provided for pursuant to Chapter 18.120 CMC, Outdoor Lighting.
9. 
Common recreational and entertainment activities of a size and scale consistent with the number of living units shall be provided. The minimum size shall equal 100 square feet for each living unit.
10. 
Common laundry facilities of sufficient number and accessibility, consistent with the number of living units and the Uniform Building Code, shall be provided. The facilities shall have keyed access for tenants only.
11. 
The development may provide one or more of the following specific internal common facilities for the exclusive use of the residents:
a. 
Central cooking and dining room(s).
b. 
Beauty and barber shop.
c. 
Small-scale drugstore not exceeding 1,000 square feet.
12. 
Off-street parking shall be provided in the following manner:
a. 
One covered parking space for each dwelling unit for the exclusive use of the senior citizen residents plus one space for every five units for guest parking.
b. 
Three parking spaces for every four dwelling units for employee and guest use for congregate care residences.
c. 
All off-street parking shall be located within 150 feet of the front door of the main entrance.
d. 
Adequate and suitably striped paved areas for shuttle parking. Shaded waiting areas shall be provided adjacent to shuttle stops.
e. 
Design standards relating to handicapped parking, access, surfacing, striping, lighting, landscaping, shading, dimensional requirements, etc., shall be consistent with the standards outlined in Chapter 18.45 CMC, Off-Street Parking.
f. 
Senior citizen/congregate care parking requirements may be adjusted on an individual project basis, subject to a parking study based on project location and proximity to services for senior citizens, including but not limited to medical offices, shopping areas, mass transit, etc.
13. 
The project shall be designed to provide maximum security for residents, guests, and employees.
14. 
Trash receptacle(s) shall be provided on the premises. Trash receptacle(s) shall comply with adopted public works department standards and be of sufficient size to accommodate the trash generated. The receptacle(s) shall be screened from public view on at least three sides by a solid wall six feet in height and on the fourth side by a solid gate not less than six feet in height. The gate shall be maintained in good working order and shall remain closed except when in use. The wall and gate shall be architecturally compatible with the surrounding buildings and structures. The receptacle(s) shall be located in close proximity to the residential units which they are intended to serve.
15. 
Residential occupancy shall be limited to single persons over 55 years of age or married couples of which one spouse is over 55 years of age.
16. 
Developers of senior citizen/congregate care housing which have a density larger than that allowed in the underlying land use district shall provide a marketing analysis which analyzes long-term feasibility and a conversion plan of senior residential units to standard units, with a corresponding reduction in the number of units to equal the density allowed in the underlying land use district if the project is not occupied by seniors 60 years of age or older. The feasibility study and conversion plan shall not be required if the project is sponsored by any government housing agency, the city’s redevelopment agency, or a nonprofit housing development corporation.
17. 
All parts of all structures shall be within 150 feet of paved access for single-story and 50 feet for multistory.
N. 
Community Gardens. Community gardens are subject to the following development standards:
1. 
Use. Community gardens are limited to the cultivation of herbs, fruits, flowers, or vegetables, including the cultivation and tillage of soil and the production, cultivation, growing, and harvesting of any agricultural, floricultural, or horticultural commodity.
2. 
The keeping of livestock and animals is prohibited.
3. 
Accessory buildings and structures shall comply with the accessory structure setback requirements listed in subsection (A) of this section, Accessory Structures. Crop areas must be set back at least three feet from all property lines.
4. 
Garden- and farm-related buildings and structures may not exceed 18 feet in height.
5. 
Fencing shall be provided around the site consistent with the standards of CMC § 18.20.060(E), Fences and Walls.
6. 
The use of commercial-grade pesticides as part of a community garden is prohibited.
O. 
Junior Accessory Dwelling Units in Residential Zones.
1. 
These provisions are adopted pursuant to California Government Code Sections 65852.2 and 65852.22. The purpose of these standards is to establish procedures and standards for the development of junior accessory dwelling units in a manner that preserves the integrity of single-family development, avoids adverse impacts on such areas, and provides additional housing opportunities consistent with state law.
2. 
An application for a junior accessory dwelling unit shall be considered ministerially, without discretionary review or a public hearing, and approved within 60 days after receiving the application.
3. 
The following standards shall apply to the junior accessory dwelling unit:
a. 
The lot shall contain an existing primary unit at the time an application for a junior accessory dwelling unit is submitted, or the application for the accessory dwelling unit may be made in conjunction with the application for the primary unit. A junior accessory dwelling unit shall be constructed within the walls of the proposed or existing single-family residence, which for these purposes shall include an attached garage.
b. 
No more than one accessory dwelling unit (see subsection (L) of this section) and one junior accessory dwelling unit shall be permitted on any one lot.
c. 
The minimum gross floor area of a junior accessory dwelling unit shall be 150 square feet.
d. 
The maximum floor area for a junior accessory dwelling unit within an existing or proposed primary dwelling shall be 500 square feet.
e. 
A junior accessory dwelling unit shall include an efficiency kitchen, which shall include all of the following:
i. 
A cooking facility with appliances.
ii. 
A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
f. 
The owner of the lot shall reside on the lot, either in the primary unit or in the junior accessory dwelling unit. Prior to issuance of a building permit approval, the property owner shall enter into a restrictive covenant with the city regarding such owner-occupancy requirement on a form prepared by the city, which shall be recorded against the property. Such covenant shall further provide that the junior accessory dwelling unit shall not be sold or title thereto transferred separate from that of the property, and the JADU shall not be leased for a period of less than 30 consecutive days. If the owner ceases to reside on the property, use of the junior accessory dwelling unit shall be discontinued and the unit converted into a portion of the primary unit.
g. 
A junior accessory dwelling unit shall have a separate entrance. If the junior accessory dwelling unit does not include a separate bathroom, it shall include a separate entrance from the main entrance to the primary unit, with an interior entry to the main living area of the primary unit.
h. 
No parking requirements shall be imposed on the junior accessory dwelling unit.
i. 
Except as otherwise required herein, all construction, structural alterations or additions made to create the junior accessory dwelling unit shall comply with current development standards and building, electrical, fire and plumbing codes. A permit to create a junior accessory dwelling unit shall not be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the junior accessory dwelling unit.
j. 
Fire sprinklers are not required if not required for the primary residence as determined by the fire marshal. The construction of a junior accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
k. 
If the junior accessory dwelling unit will be connected to an on-site wastewater treatment system, the city may require Regional Water Quality Control Board approval and that a percolation test has been completed within the last five years, or 10 years in the case of tests that have been recertified.
4. 
The director of community development, or designee, shall approve an application for the junior accessory dwelling unit in a streamlined “building permit only” process, within 60 days of a complete application, without applying additional standards.
5. 
A junior accessory dwelling unit is exempt from connection fees, capacity charges, and impact fees.
6. 
In the event of any conflicts between the standards set forth in this chapter and those set forth in the regulations of the applicable zoning district, the provisions of this chapter shall prevail.
7. 
A junior accessory dwelling unit that conforms to this section shall be deemed to be in compliance with the general plan.
P. 
Senate Bill 9 Development Projects.
1. 
The purpose of these standards is to establish procedures and standards for the development of residential development projects pursuant to SB 9 in a manner that preserves the integrity of single-family residential areas, avoids adverse impacts on such areas, and provides additional housing opportunities consistent with state law.
2. 
An application for an SB 9 development project shall be subject to ministerial review by the community development director or designee to determine whether the criteria for approval have been met. The community development director shall approve an exception to any of the standards specified in this subsection (P) upon determining that complying with the standard would physically preclude the construction of up to two residential units per lot or would physically preclude either of the two residential units from being 800 square feet in floor area.
3. 
The building official may deny an application for an SB 9 development project upon making both of the following findings in writing based upon a preponderance of evidence:
a. 
The proposal would have a specific, adverse impact upon the public health and safety or the physical environment as defined and determined in Government Code Section 65589.5(d)(2); and
b. 
There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
4. 
The following standards shall apply to all SB 9 development projects:
a. 
Except as expressly provided in this subsection (P) or SB 9, all other regulations of the underlying zone of a property developed pursuant to SB 9 shall apply, along with all other applicable regulations from the Calimesa Municipal Code.
b. 
One enclosed or partially enclosed parking space is required for each unit created pursuant to the regulations in SB 9 and this subsection (P), unless the parcel upon which the unit is created is within one-half mile walking distance of a high quality transit corridor or a major transit stop or there is a car share vehicle located within one block of the project. Required parking for an urban lot split lot shall be accessed via an alley, if there is an alley adjacent to the lot.
c. 
Non-public utility electrical elements such as wires, conduits, junction boxes, transformers, ballasts, and switch and panel boxes shall be concealed from view from adjacent public rights-of-way.
d. 
All flashing, sheet metal vents, and pipe stacks shall be painted to match the adjacent roof or wall material.
e. 
Pedestrian access to a public street or alley shall be provided with an exterior pedestrian pathway from the primary entrances of each unit to the adjoining sidewalk, street, or alley.
f. 
More than 25 percent of the exterior structural walls of a primary unit shall not be demolished if the primary unit has been occupied by a tenant in the three years prior to the submission of an SB 9 development project application.
g. 
An SB 9 development project shall not require the demolition or alteration of any of the following:
i. 
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.
ii. 
Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
iii. 
Housing that has been occupied by a tenant in the three years prior to the submission of an SB 9 development project application.
iv. 
Housing units removed from the rental market under the Ellis Act within the 15 years prior to the submission of an SB 9 development project application.
h. 
No unit created pursuant to the regulations in SB 9 and this subsection (P) shall be more than 1,200 square feet in floor area, with any basements counting as floor area.
i. 
Any units created pursuant to the regulations in SB 9 and this subsection (P) shall have a minimum four-foot setback from all side and rear lot lines except as allowed by Government Code Section 65852.21.
j. 
An SB 9 development project shall not be permitted on a parcel located in:
i. 
Prime farmland or farmland of state-wide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the State Department of Conservation.
ii. 
Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
iii. 
A very high fire hazard severity zone, as determined by the State Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the State Department of Forestry and Fire Protection pursuant to Public Resources Code Section 4202. This subsection does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Government Code Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
iv. 
A hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the State Department of Toxic Substances Control pursuant to Health and Safety Code Section 25356, unless the State Department of Public Health, State Water Resources Control Board, or State Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
v. 
A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.
vi. 
A special flood hazard area subject to inundation by the one percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless either of the following are met: (A) the site has been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the city, or (B) the site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to 44 C.F.R. Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I.
vii. 
A regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with 44 C.F.R. § 60.3(d)(3).
viii. 
Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), or other adopted natural resource protection plan.
ix. 
Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
x. 
Lands under conservation easement.
xi. 
A historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or a site that is designated or listed as a local landmark or historic property or district by the city.
5. 
Applicants are required to submit an application, including any maps, records, or other documents required by the community development director. Applicants must provide a sworn statement affirming eligibility with SB 9 regulations. The city may, at the applicant’s expense, conduct independent inquiries and investigation to ascertain the veracity of any or all portions of the sworn statement.
6. 
A property owner seeking approval of an SB 9 development project shall execute and record a covenant, supplied by the city and subject to the approval of the city attorney, that contains the following provisions:
a. 
Nonresidential uses on the site shall be prohibited;
b. 
The short-term rental for periods less than 30 days of any units on the site shall be prohibited;
c. 
Any subsequent urban lot split of land that was previously subdivided with an urban lot split shall be prohibited;
d. 
Except as provided in Government Code Section 66411.7 for community land trusts and qualified nonprofit corporations, the owner of the property for which an urban lot split is proposed shall sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for at least three years from the date of the approval of the urban lot split;
e. 
Ongoing compliance with all SB 9 requirements and restrictions shall be required;
f. 
Access to the public right-of-way shall be maintained in perpetuity; and
g. 
All required parking shall be maintained.
7. 
SB 9 development projects shall comply with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) and the MSHCP implementing agreement, and pay any applicable fees including any local development mitigation fee.
Q. 
RIPAOZ Design, Screening, and Privacy Standards. Multifamily housing within the RIPAOZ shall be constructed in the following manner:
1. 
All multifamily developments within the RIPAOZ with 12 or more dwelling units shall provide 20 percent usable open space for passive and active recreational uses. Usable open space areas shall not include rights-of-way, vehicle parking areas, areas adjacent to or between any structures less than 15 feet apart, setbacks, patios or private yards, or slope areas greater than eight percent.
2. 
All multifamily developments within the RIPAOZ shall be required to install a seven-foot perimeter block wall to limit visual intrusion on surrounding development to the greatest extent possible.
3. 
Each dwelling unit within the RIPAOZ shall have a private (walled) patio or balcony.
4. 
All multifamily developments within the RIPAOZ shall provide recreational amenities within the site which may include a swimming pool; spa; gym; on-site multi-use trails/walking paths (separate from private sidewalks); package centers; smart home technology; clubhouse; tot lot with play equipment; picnic shelter/barbecue area; court game facilities such as tennis, basketball, or racquetball; improved softball or baseball fields; or day care facilities. The type of amenities shall be approved by the planning director and provided according to the following schedule:
Schedule Table
Units
Amenities
0 – 11
0
12 – 100
1
101 – 200
2
201 – 300
3
Note: Add one amenity for each 100 additional units or fraction thereof.
5. 
Each dwelling unit shall be provided with a minimum of 100 cubic feet of enclosed storage space, such as roof rack storage, within the garage, carport, or immediately adjacent to the dwelling unit. Garages shall not be used as a gym.
6. 
Driveway approaches within a multifamily development of 12 or more units within the RIPAOZ shall be delineated with interlocking pavers and/or rough-textured concrete and landscaped medians.
7. 
All parts of all structures shall be within 100 feet of paved access for single-story and 50 feet for multistory units.
8. 
A bus turnout and shelter on the on-site arterial frontage shall be dedicated if the project is located on a bus route as determined by the planning director.
9. 
Common laundry facilities of sufficient number and accessibility consistent with the number of living units and the Uniform Building Code shall be provided.
10. 
Each condominium unit shall be plumbed and wired for a washing machine and dryer.
11. 
Each dwelling unit shall be provided with an automatic dishwasher and a heavy-duty garbage disposal unit.
12. 
Telephone jacks shall be installed in all living rooms, kitchens, and bedrooms.
13. 
Interior television antennas (cable television) shall be installed in each apartment unit, or a central interior antenna shall be installed in each apartment building. No exterior antenna or satellite dish antenna shall be permitted.
14. 
All utilities, including but not limited to electrical, cable television, and telephone lines, on the site shall be underground.
15. 
Each multiple-dwelling building or complex shall provide one hose bib for each three required parking spaces, and these hose bibs shall be located adjacent to parking areas.
16. 
Lighting. Refer to Chapter 18.120 CMC, Outdoor Lighting.
17. 
Management and security plans shall be submitted for review and approval by the planning director (or designee) for multifamily developments within the RIPAOZ with 12 or more dwelling units. These plans shall be comprehensive in scope.
18. 
Electronic Gates. Multifamily buildings or complexes with 40 or more dwellings within the RIPAOZ shall provide electronic gates as follows:
a. 
A minimum six-foot-high, decorative wrought iron fence shall be provided along the front of the property, to the rear of any required set-back. Such fence shall incorporate a self-locking remote-controlled vehicle and pedestrian entry/exit gate. The vehicle entry shall incorporate an electronically activated tenant marquee to permit notification of tenants in the event of visitors. Such marquee shall be five feet above finished grade. Provisions for emergency access, such as a Knox box, shall be provided in accordance with California Fire Code requirements.
19. 
Rear decks and balconies shall be discouraged for multi-story development where a majority of the surrounding properties are single-story homes within 50 feet of the property line.
20. 
To avoid box structure designs, continuous multi-story walls and wall areas greater than nine feet in height that are flush with the first story of a primary structure shall be designed with a minimum recess of one foot for every 20 feet of wall length. For the purposes of this section, “flush” shall mean any multi-story element or wall area above nine feet in height that is less than one foot in depth from the first story or area below nine feet.
21. 
Landscape screening shall be provided along the property line(s) adjacent to the single-story dwelling(s) or property on the downslope. A landscape plan that includes accurate visual simulations shall be submitted to the planning director (or designee) for review and approval. The land-scaping shall be as mature as possible at installation such that at minimum, it will provide visual screening of the area immediately across from the multi-story development to ensure privacy for the adjacent single-story dwelling from visual intrusion to the windows or back yard of the adjacent residence. The height and density of the landscape buffer at installation shall be determined by the planning director and city landscape architect, with consideration given to tree survival upon transplant.
22. 
If it is determined during project review that visual privacy issues will exist alongside yard elevations, as determined by accurate visual simulations, the planning director may limit the multistory wall or any structure wall above nine feet in height to clerestory windows or permanent opaque screening, if any windows are proposed. This determination shall be based on whether or not the proposed multi-story building would have views into a neighbor’s bedroom(s), living/family room, or backyard.
(Code 1990 § 12.3.05; Ord. 95-7 § 2; Ord. 217 § 3, 2004; Ord. 220 § 2, 2004; Ord. 228 § 2, 2006; Ord. 292 § 2, 2009; Ord. 294 §§ 6 – 8, 2009; Ord. 296 § 2, 2009; Ord. 305 § 2, 2010; Ord. 328 § 5 (Exh. C), 2014; Ord. 342 § 3 (Exh. A), 2016; Ord. 357 § 7, 2018; Ord. 369 §§ 8 – 10, 2021; Ord. 379 § 7, 2021; Ord. 388 §§ 7 – 11, 2023; Ord. 392 § 12, 2023; Ord. 393 § 12, 2023; Ord. 394 § 12, 2023)

§ 18.20.060 Design and neighborhood compatibility standards.

A. 
Design Compatibility. Additions to existing structures and new structures proposed on a developed parcel shall be compatible in terms of mass, scale, height, design, colors, and materials with the existing structures on the parcel or the existing structures shall be modified to be compatible with the new construction. In addition, new construction on vacant parcels shall be compatible with the surrounding development pattern in terms of the mass, scale, and height of surrounding structures as specified in this section.
B. 
Second-Story Construction or Top Plate Heights above Nine Feet.
1. 
New two-story home construction, or additions to an existing single-story home that is adjacent to single-story homes, shall be required to provide an additional five feet to the setback for the proposed second story. This five-foot setback shall be in addition to the minimum setbacks specified in CMC § 18.20.040, Residential Development Standards.
2. 
Rear decks and balconies shall be prohibited for infill development where a majority of the surrounding properties are single-story homes.
3. 
Second stories shall be limited to no more than 75 percent of the floor area of the existing first story.
4. 
To avoid box structure designs, continuous second-story walls and wall areas greater than nine feet in height that are flush with the first story of a primary structure shall be designed with a minimum recess of one foot for every 20 feet of wall length. For the purposes of this section, “flush” shall mean any second-story element or wall area above nine feet in height that is less than one foot in depth from the first story or area below nine feet.
C. 
Visual Privacy Standards. When proposed construction involves a second story or a single story at a grade differential of three or more feet from adjacent property and is adjacent to existing single-story dwellings, the following standards shall be met:
1. 
Landscape screening shall be provided along the property line(s) adjacent to the single-story dwelling(s) or property on the downslope. A landscape plan shall be submitted to the community development director for review and approval. The landscaping shall, at minimum, provide visual screening of the area immediately across from the second story to ensure privacy for the adjacent single-story dwelling from visual intrusion to the windows or back yard of the adjacent residence.
2. 
If it is determined during project review that visual privacy issues will exist along side yard elevations, the planning director may limit the second-story wall or any structure wall above nine feet in height to clerestory windows or permanent opaque screening, if any windows are proposed. This determination shall be based on whether or not the proposed second story would have views into a neighbor’s bedroom(s), living/family room, or back yard.
D. 
Antennas, Vertical, and Satellite Dish Design Standards. All antennas, including portable units, but exempting residential satellite dish installations which are 10.5 feet or less in diameter, 12 feet or less in height, located in the rear yard, and are ground-mounted; and exempting residential single-pole or tower roof- or ground-mounted television, or amateur radio antennas where the boom or any active element of the antenna array is 30 feet or less and the height does not exceed 75 feet, shall be installed in the following manner:
1. 
The subject location shall conform to all standards of the land use district in which it is proposed.
2. 
The antennas/satellite dish shall not be located in the following areas:
a. 
Front setback.
b. 
Street side setback.
c. 
On any structure, unless architecturally screened and approved by the planning commission. The screening restriction on antennas may be modified by the commission, if there is no alternative to maintain line of sight clearance for satellites or amateur radio antennas.
3. 
The maximum overall height for ground-mounted antennas shall be 75 feet above grade.
4. 
The operation of the antennas shall not cause interference with any electrical equipment in the surrounding neighborhoods (e.g., television, radio, telephone, computer), unless exempted by federal regulation.
5. 
The antennas/satellite dish shall be a single, nonglossy color (e.g., off-white, cream, beige, green, black, gray).
6. 
Antennas/satellite dish facilities (not including an antenna/satellite dish for the exclusive use of a residence) shall be screened on all sides with a six-foot block wall, and with a solid gate six feet in height providing access to the facility.
7. 
The antenna/satellite dish shall be sited to assure compatibility with surrounding development and not adversely impact the neighborhood.
E. 
Fences and Walls. Fences and walls, including retaining walls, shall comply with Chapter 18.65 CMC, Fence, Wall, and Screening Standards.
F. 
Lighting. Lighting shall comply with Chapter 18.120 CMC, Outdoor Lighting.
G. 
Regrading. Regrading of lots to meet the standards of this section shall be prohibited.
H. 
Solar Energy Design Standards. Passive heating and cooling opportunities shall be incorporated in all developments in the following manner:
1. 
Future structures should be oriented to maximize solar access opportunities.
2. 
Streets, lot sizes, and lot configurations should be designed to maximize the number of structures oriented so that the south wall and roof area face within 45 degrees of due south.
3. 
The proposed lot size and configuration should permit structures to receive cooling benefits from both prevailing breezes and existing and proposed shading.
4. 
Any pool or spa facilities owned and maintained by a homeowners’ association shall be equipped with a solar cover and solar water heating system.
5. 
No structure (building, wall, or fence) shall be constructed or vegetation placed so as to obstruct solar access on an adjoining parcel.
6. 
Roof-mounted solar collectors shall be placed in the most obscure location without reducing the operating efficiency of the collectors. Wall-mounted and ground-mounted collectors shall be screened from public view.
7. 
Roof-mounted collectors shall be installed at the same angle or as close as possible to the pitch of the roof.
8. 
Plumbing in new construction shall have connections for solar energy additions.
9. 
Appurtenant equipment, particularly plumbing and related fixtures, shall be installed in the attic.
10. 
Exterior surfaces of the collectors and related equipment shall have a matte finish and shall be color-coordinated to harmonize with roof materials or other dominant colors of the structure.
(Code 1990 § 12.3.06; Ord. 95-7 § 2; Ord. 328 § 5 (Exh. C) , 2014; Ord. 342 § 3 (Exh. A), 2016)