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Wildomar City Zoning Code

ARTICLE V

Standards Related to Specific Uses

§ 17.195.010 Purpose.

The intent of this section is to regulate accessory dwelling units in residential zoning districts consistent with state law. Implementation of this section is intended to expand housing opportunities for low-income and moderate-income or elderly households by increasing the number of rental units available within existing neighborhoods while maintaining the primarily single-family residential character of the area.
(Ord. 247, 1/15/2025)

§ 17.195.020 Applicability.

Accessory dwelling units (as defined by Government Code Section 66313), including junior accessory dwelling units (as defined by Government Code Sections 66333-66339), shall be a permitted use on all lots in single-family and multifamily residential zones, provided the accessory dwelling unit complies with the development standards of this chapter. Accessory dwelling units shall be constructed in compliance with the City's single-family and multifamily residential objective design standards and guidelines. Accessory dwelling units may be attached to, or located within a proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or the conversion of an existing accessory structure that is detached from the proposed or existing primary dwelling, (referred to herein as an "attached" accessory dwelling unit) or may be detached from the proposed or existing primary dwelling (referred to herein as a "detached" accessory dwelling unit). Accessory dwelling units must be on the same lot as the proposed or existing primary dwelling.
(Ord. 247, 1/15/2025)

§ 17.195.030 Permits required for construction.

A. 
An accessory dwelling unit shall not be constructed without first obtaining a building permit from the Chief Building Official.
B. 
A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time.
(Ord. 247, 1/15/2025)

§ 17.195.040 Application.

An application for an accessory dwelling unit permit shall be made in writing to the Chief Building Official on forms provided by the Building Department, and shall be accompanied by a minor or major development permit and filing fee as set forth in Chapter 3.44 (Fees) of the Wildomar Municipal Code. The Chief Building Official shall distribute the application and minor or major development permit to the Planning and Engineering departments for review. The minor or major development permit shall include the following information:
A. 
Name and address of the applicant and the name and address of the property owner, if different. If a junior accessory dwelling unit is proposed, evidence that the premises upon which the accessory dwelling unit is proposed is owner-occupied shall also be provided.
B. 
Assessor's parcel number of premises upon which the accessory dwelling unit is proposed.
C. 
Sufficient detail clearly describing the following:
1. 
Physical dimensions of property;
2. 
Location and dimensions of all existing and proposed structures;
3. 
Location and dimensions of all easements, wells, septic tanks, leach lines, existing seepage pits, drainage structures and utilities;
4. 
Location, dimensions and names of all clear adjacent roads, whether public or private, showing the location of the street centerline and all existing improvements such as sidewalks, curbs, gutters and curb cuts;
5. 
Setbacks from all property lines;
6. 
Methods of circulation, including ingress and egress, access, yards, drives, parking areas, landscaping, walls or fences;
7. 
Topography of the property;
8. 
A description of walls, landscaping, architectural treatments and other methods which will be used to ensure that the accessory dwelling unit will be compatible with the neighborhood;
9. 
A written statement as to whether the accessory dwelling unit shall be used for family members or for rental purposes; and
10. 
Such additional information as required by the Chief Building Official to make an appropriate determination regarding issuance or denial of the application.
(Ord. 247, 1/15/2025)

§ 17.195.050 Development standards for accessory dwelling units.

Except as provided in Section 17.195.060, accessory dwelling units must comply with the following development standards:
A. 
An accessory dwelling unit shall only be permitted in residential zones and on a lot with an existing or proposed single-family or multifamily residence, and comply with the following setback standards:
1. 
A minimum distance of 10 feet shall be maintained between an accessory dwelling unit and any other structure on the lot.
2. 
The following minimum setbacks shall be met for lots two acres or smaller:
a. 
The minimum front yard setback shall be 20 feet.
b. 
The minimum side yard setback shall be four feet.
c. 
The minimum rear yard setback shall be four feet.
d. 
The maximum building height shall be 25 feet.
3. 
The following minimum setbacks shall be met for lots two acres or greater:
a. 
The minimum front yard setback shall be 20 feet.
b. 
The minimum side yard setback shall be four feet.
c. 
The minimum rear yard setback shall be four feet.
d. 
The maximum building height shall be 25 feet.
4. 
An existing garage or other accessory structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit is not subject to these setback requirements. This shall also apply when the existing accessory structure is demolished an accessory dwelling unit is constructed in the same location and to the same dimensions as the demolished structure.
5. 
An accessory dwelling unit up to 800 square feet may be constructed in the street yard setback if it is determined by the Chief Building Official that an 800 square foot accessory dwelling unit cannot be constructed anywhere else on the property and outside of the four-foot side and rear setbacks.
B. 
The size of a detached accessory dwelling unit shall be a maximum of 1,200 square feet in size.
C. 
Where an attached accessory dwelling unit is proposed for an existing primary dwelling unit, the total floor area of the attached accessory dwelling unit shall not exceed 50% of the existing primary dwelling.
D. 
An accessory dwelling unit shall comply with the following parking standards regardless of the zone district:
1. 
One off-street parking space per accessory dwelling unit or per bedroom, whichever is less, shall be provided in addition to any existing off-street parking.
2. 
The parking space may match the existing parking surface of the principal dwelling unit.
3. 
Off-street parking shall be provided in front of the accessory dwelling unit which may be in the rear yard setback area and/or through tandem parking, unless parking in these areas is not feasible based upon specific site, topographical or fire safety conditions.
4. 
If a garage or covered carport is demolished in conjunction with the construction of an accessory dwelling unit, or is converted to an accessory dwelling unit, no replacement off-street parking is required to be provided for those spaces.
E. 
The parking standards in subsections (D)(1) through (4) above shall not apply in any of the following instances:
1. 
The accessory dwelling unit is located within one-half mile of public transit;
2. 
The accessory dwelling unit is located within a state or locally designated historic district;
3. 
The accessory dwelling unit is part of the proposed or existing primary residence or an existing accessory structure;
4. 
When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or
5. 
When there is a "car-share vehicle" located within one block of the accessory dwelling unit.
F. 
The proposed accessory dwelling unit shall be subject to the City's development impact fees for single-family residential units if it is 750 square feet or larger. However, development impact fees for accessory dwelling units that are 750 square feet or larger shall be charged proportionately in relation to the square footage of the primary dwelling unit.
G. 
Construction of an accessory dwelling unit shall not require that fire sprinklers be installed in any existing primary dwelling.
H. 
The architectural design of the accessory dwelling unit shall match the design of the primary dwelling unit, including building materials, color and roofing material.
I. 
The accessory dwelling unit may be rented separately from the primary residence. Except as otherwise provided in Government Code Section 66341, no ADU may be sold or otherwise conveyed separately from the primary residence.
J. 
The lot on which an accessory dwelling unit is located shall have an existing or proposed one-family detached dwelling unit on the premises.
K. 
An attached accessory dwelling unit shall have an independent exterior access separate from the primary dwelling unit, and cannot be accessed from the interior of the primary dwelling unit.
L. 
A detached accessory dwelling unit may be located in front of the primary dwelling unit if it is compatible with the neighborhood, provided it maintains a minimum front setback of 20 feet, and only where the placement of the accessory dwelling unit at the rear or side portion of the lot would be impractical due to the location of the of the primary dwelling unit or topography of the site.
M. 
Any accessory dwelling unit placed more than 150 feet from a public right-of-way shall be required to provide "all-weather access" for emergency vehicles as required by the Riverside County Fire Department.
N. 
An accessory dwelling unit shall comply with the health requirements for water and sewerage as required by the appropriate agency. An applicant shall also be required to provide verification from the appropriate water and sewerage district that their requirements have been complied with prior to the issuance of building permits.
O. 
An applicant for an accessory dwelling unit shall be required to provide a will-serve letter from the applicable water agency stating that the appropriate water and sewerage availability and capacity exists for the unit.
Figure 17.195.050-1 Detached Accessory Dwelling Unit
Figure 17.195.050-2 Accessory Dwelling Unit — Attached to an Accessory Structure
Figure 17.195.050-3 Accessory Dwelling Unit Above Detached Garage
(Ord. 247, 1/15/2025)

§ 17.195.060 Supplemental development standards for junior accessory dwelling units.

Junior accessory dwelling units must comply with the following standards in addition to the standards in Section 17.195.050. To the extent there is any conflict between the standards in Section 17.195.050 and the standards in this section, this section shall take precedence.
A. 
One junior accessory dwelling unit may be permitted per lot not to exceed 500 square feet in size. The lot must be zoned for single-family residences and a single-family residence must exist or be proposed for the lot.
B. 
A lot with a junior accessory dwelling unit must be owner-occupied. The owner may live in either the junior accessory dwelling unit or the primary residence. This requirement shall not apply if the owner is another governmental agency, a land trust, or a housing corporation.
C. 
A deed restriction that runs with the land must be recorded and a copy filed with the City that includes a prohibition on the sale of the junior accessory dwelling unit separate from the sale of the primary residence, that this prohibition may be enforced against future purchasers, and that restricts the size of the junior accessory dwelling unit to no more than 500 square feet.
D. 
A junior accessory dwelling unit must be constructed within the walls of a proposed or existing single-family residence.
E. 
A junior accessory dwelling unit must have an independent exterior access separate from the main entrance to the proposed or existing primary dwelling unit and cannot be accessed from the interior of the primary dwelling unit.
F. 
A junior accessory dwelling unit shall include an efficiency kitchen that includes cooking facilities with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
G. 
The provision of additional off-street parking is not required for a junior accessory dwelling unit.
(Ord. 247, 1/15/2025)

§ 17.195.070 Ministerial approval.

The City shall ministerially approve an application for a building permit for an accessory dwelling unit that meets any of the following criteria outlined below without requiring an accessory dwelling unit permit or applying the standards contained in Section 17.195.040.
A. 
One accessory dwelling unit or junior accessory dwelling unit per lot that is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or existing accessory structure if the following standards are met:
1. 
For units proposed with an existing dwelling or accessory structure, there is no expansion of the physical dimensions of the existing structure, except that an expansion of up to 150 square feet may be included solely for the purpose of accommodating ingress and egress.
2. 
The accessory dwelling unit has independent exterior access.
3. 
The side and rear setbacks are sufficient for fire and safety.
4. 
For junior accessory dwelling units, it complies with the requirements of Section 17.195.050.
B. 
One detached new construction accessory dwelling unit per lot with a proposed or existing single-family dwelling if the following standards are met:
1. 
The side and rear setbacks are at least four feet.
2. 
The total square footage of the accessory dwelling unit is no more than 800 square feet.
3. 
The height of the unit is no more than 16 feet if the primary dwelling is less than 16 feet high.
4. 
The unit on a lot within one-half mile of a major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code Section 21155, may be up to 18 feet high. An additional two feet in height shall also be allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.
5. 
The unit shall not exceed the height limitation that applies to the primary dwelling unit or 25 feet, whichever is lower. This clause shall not be construed to permit an attached accessory dwelling unit to exceed two stories.
6. 
The existing or proposed single-family dwelling on the lot may contain a junior accessory dwelling unit that complies with subsection A of this section, but it may not contain an accessory dwelling unit that does not qualify as a junior accessory dwelling unit.
C. 
Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings, provided that the total number of accessory dwelling units permitted by this subsection does not exceed 25% of the existing multifamily dwelling units.
D. 
Two detached accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, provided that the units are no higher than 16 feet and meet a four-foot rear and side yard setback.
(Ord. 247, 1/15/2025)

§ 17.195.080 Prohibited areas.

An accessory dwelling unit shall not be permitted in those areas of the City which have significant problems with regard to water availability or water quality, sewage disposal or other public health or safety concerns. The prohibited areas include, but are not limited to, those areas where a development moratorium has been imposed, including a moratorium for water or sewer, whether imposed by the City or another public agency with the authority to impose a development moratorium.
(Ord. 247, 1/15/2025)

§ 17.195.090 Notice of decision.

A. 
Upon acceptance of an accessory dwelling unit application for a lot where there is an existing or proposed single-family or multifamily dwelling, the Chief Building Official shall review, approve an application, and issue a building permit for an accessory dwelling unit within 60 days after receiving a complete application provided all applicable requirements of this chapter have been met.
B. 
The Chief Building Official may deny the application for an accessory dwelling unit at the end of 60 days if the applicant has not met the requirements of this chapter. If the Chief Building Official denies an application for an accessory dwelling unit permit the Chief Building Official shall provide a full set of comments to the applicant with a list of deficiencies and a description of how they can be remedied.
C. 
An application for an accessory dwelling unit permit and/or a building permit for an accessory dwelling unit where there is no existing single-family dwelling shall be approved or denied concurrently with the permit application to create the new single-family dwelling.
(Ord. 247, 1/15/2025)

§ 17.195.100 Exception.

Pursuant to the authority provided by Section 65852.21(f) of the Government Code, notwithstanding any other provision in this chapter, no accessory dwelling unit or junior accessory dwelling unit shall be permitted on any lot in a single-family zoning district if: (1) an urban lot split has been approved for the lot pursuant to Chapter 16.72 (Urban Lot Splits) herein.
(Ord. 247, 1/15/2025)

§ 17.200.010 Purpose.

The purpose of this chapter is to establish development and/or operational standards for special housing types allowed in the City of Wildomar. The purpose and intent of the allowance for such special housing types is also established.
(Ord. 247, 1/15/2025)

§ 17.200.020 Transitional and supportive housing.

A. 
Supportive and Transitional Housing. Pursuant to California Government Code Section 65583(c)(3), transitional and supportive housing constitute a residential use and are subject only to those restrictions that apply to other residential uses of the same type in the same zoning district.
1. 
Supportive Housing, up to 50 Units. Pursuant to California Government Code Section 65651, supportive housing development with up to 50 supportive housing units shall be permitted by right in all zoning Districts where multi-family and mixed-use residential development are permitted provided the development satisfies all of the following requirements:
a. 
All supportive housing units within the development are subject to a recorded affordability restriction for 55 years.
b. 
100% of the units, excluding managers' units, within the development are dedicated to lower income households and are receiving public funding to ensure affordability of the housing to lower income Californians. For purposes of this paragraph, "lower income households" has the same meaning as defined in Section 50079.5 of the Health and Safety Code.
c. 
At least 25% of the units in the development or 12 units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than 12 units, then 100% of the units, excluding managers' units, in the development shall be restricted to residents in supportive housing.
d. 
The developer shall provide the information required by California Government Code Section 65652 to the Planning Department.
e. 
Nonresidential floor area shall be used for on-site supportive services in the following amounts:
i. 
For a development with 20 or fewer total units, at least 90 square feet shall be provided for on-site supportive services.
ii. 
For a development with more than 20 units, at least three percent of the total nonresidential floor area shall be provided for on-site supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.
f. 
The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in paragraph (3) of subdivision (c) of Government Code Section 65915.
g. 
Units within the development, excluding managers' units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.
h. 
Notwithstanding any other provision of this section to the contrary, the local government shall, at the request of the project owner, reduce the number of residents required to live in supportive housing if the project-based rental assistance or operating subsidy for a supportive housing project is terminated through no fault of the project owner, but only if all of the following conditions have been met:
i. 
The owner demonstrates that it has made good faith efforts to find other sources of financial support.
ii. 
Any change in the number of supportive service units is restricted to the minimum necessary to maintain a project's financial feasibility.
iii. 
Any change to the occupancy of the supportive housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of any supportive housing units.
(Ord. 247, 1/15/2025)

§ 17.200.030 Emergency shelters.

All emergency shelters shall meet the following locational and operational standards:
A. 
No emergency shelter shall be located within 250 feet of any other emergency shelter.
B. 
An emergency shelter shall not exceed 40 residents, excluding staff.
C. 
Any single resident's stay shall not exceed six consecutive months.
D. 
Emergency shelters shall provide one parking space for every staff member and one parking space for every 10 temporary residents, but may not require more parking for emergency shelters than other residential or commercial uses within the same zone.
E. 
An emergency shelter must adequately comply with the following management standards:
F. 
There shall be space inside the building so that prospective and current residents are not required to wait on sidewalks or any other public rights-of-way.
G. 
Security shall be provided on site during hours of operation.
H. 
On-site management shall be provided by at least one emergency shelter staff member at all times while residents are present at the shelter.
I. 
Emergency shelter lighting shall be consistent with the City of Wildomar's adopted building code and light pollution ordinance.
(Ord. 247, 1/15/2025)

§ 17.200.040 Employee housing (for farmworkers).

A. 
Six or Fewer Employees. Employee housing providing accommodations for six or fewer employees shall be deemed to be a single-unit structure with a residential land use and shall be treated the same as a single unit dwelling of the same type in the same zoning district.
B. 
Districts Where Agriculture Uses Are Allowed. The permitted occupancy in employee housing in a zone allowing agricultural uses shall include agricultural employees who do not work on the property where the employee housing is located, and may consist of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household on land zoned for agricultural uses. Such employee housing shall be considered to be an activity that in no way differs from an agricultural use.
(Ord. 247, 1/15/2025)

§ 17.205.010 Purpose.

The purpose of this chapter is to implement the applicable state regulations in a manner that allows for the establishment of residential care facilities while preserving the character of the zone in which the uses are located.
(Ord. 247, 1/15/2025)

§ 17.205.020 Development standards.

The following standards of development shall apply to a large licensed residential care facility.
A. 
Development Standards. Unless otherwise indicated below, the large residential care facility must conform to the development standards for the zoning classification in which it is located.
B. 
Accessory Dwelling Units. The large licensed residential care facility shall not be located in an accessory dwelling unit unless the primary dwelling unit is used for the same purpose.
C. 
Kitchens. The large licensed residential care facility must provide either: (1) congregate dining facilities; or (2) kitchens in individual units.
D. 
Landscaping. The large licensed residential care facility shall provide minimum landscaped areas in accordance with Chapter 17.170.
E. 
Signs. The large licensed residential care facility shall comply with the provisions of Chapter 17.180 (Signs).
F. 
Lighting. The large licensed residential care facility shall comply with the provisions of Chapter 17.170 (Light Pollution Standards). Security night lighting must be shielded so that the light source cannot be seen from adjacent residential properties.
G. 
Parking. The number of required automobile storage spaces shall be determined in accordance with Chapter 17.155 (Parking and Loading) at the time of the approval of the project; however, notwithstanding any provision of this Title to the contrary, a 20% reduction in the total number of required vehicle parking spaces for residential purposes may be allowed if appropriate, and an additional five percent reduction may be allowed if the applicant proposes alternative senior citizen transportation programs; however, in no case shall the reduction of parking spaces exceed 25% of the total spaces required by Chapter 17.155 (Parking and Loading). Public street parking and tandem parking shall not be counted in this requirement. All required parking spaces shall be located entirely within the development, accessible to the units which they serve, and no parking space shall be located more than 150 feet from the unit it is designed to serve. Parking requirements for other facilities within the development shall be subject to the provisions of Chapter 17.155 (Parking and Loading) and may not be reduced. Not less than 10% of the required parking spaces shall be designed and designated for use by the handicapped; provided, however, that there shall be at least one designed and designated handicapped parking space provided for each handicapped resident. Handicapped parking spaces shall be distributed evenly throughout the parking areas.
H. 
Common Areas and Open Space. The Large Licensed Residential Care Facilities shall include at least 350 square feet of indoor or outdoor common areas or open space, plus five square feet per resident. The common area(s) or open space shall be furnished. Appropriate furnishings for indoor spaces include, but are not limited to, such items as lounge chairs, couches, tables with chairs, writing desks, and televisions. Outdoor furnishings include, but are not limited to, such items as outdoor benches, tables with chairs, barbeques, and shade coverings like arbors, patio covers, garden shelters or trellises. A central dining room shall be provided. The size of the room shall be sufficient to accommodate all of the residents. The minimum room size shall be the product of the proposed maximum number of residents in the facility multiplied by five square feet per resident; however, in no instance shall the central dining room be less than 350 square feet.
I. 
Management. The large licensed residential care facilities shall have either: (1) a manager who resides on site; or (2) a number of persons acting as a manager who are either present at the facility on a 24-hour basis or who will be available 24 hours a day, seven days a week to physically respond within 45 minutes notice and who are responsible for the day-to-day operation of the facility. The provisions of this section shall be superseded by any management requirements imposed on the large licensed residential care facilities pursuant to state law.
J. 
Security. A designated area for on-site personnel shall be located at the main entrance to the facility for the purpose of controlling admittance to the facility and providing security. Emergency contact information shall be posted on the exterior of the facility adjacent to the main entrance, as well as on the interior in a location accessible to all residents.
K. 
Personal Storage. Each resident of the large licensed residential care facility shall be provided with at least one private storage area or private closet, with a lock or other security mechanism, in which to store their personal belongings.
L. 
Public Transit Access. A public transit turnout shall be included within the project's design.
M. 
A large licensed residential care facility that also qualifies as supportive housing or transitional housing shall be subject only to those restrictions and development standards that apply to other residential dwellings of the same type (e.g., single-family or multifamily) in the same zone. Notwithstanding the previous sentence, if the facility qualifies as "supportive housing" as defined in Government Code Section 65650 (which has a different definition of "target population" than the definition in Article 6 of this Title), then the facility shall be a use by right in all zones where multifamily and mixed uses are permitted and shall be processed as required by Government Code Sections 65650, et seq.
(Ord. 247, 1/15/2025)

§ 17.205.030 Application procedures.

An application for any large licensed residential care facility shall be processed as follows:
A. 
Application Requirements. The application for a large licensed residential care facility shall be submitted and processed in accordance with the requirements for residential developments in the zone in which the large licensed residential care facility is proposed, and with the requirements outlined in Chapter 17.80 (Conditional Use Permits). In addition, the application for a large licensed residential care facility shall include the following:
1. 
Applicant Information. The name and address of the applicant, including the name and address of the lessee, if the property is to be leased by someone other than the applicant; and the name and address of the owner of the property for which the conditional use permit is requested. If the applicant and/or lessee or owner is a partnership, corporation, firm, or association, then the applicant/lessee shall provide the additional names and addresses as follows and such persons shall also sign the application: (i) every general partners of the partnership; (ii) every owner with a controlling interest in the corporation; or (iii) the person designated by the officers of the corporation as set forth in a resolution of the corporation that is to be designated as the permit holder for the use permit.
B. 
Owner Authorization. If the operator of the large licensed residential care facility is not the legal owner of the property, the operator shall provide written documentation evidencing the owner's authorization and approval to operate the large licensed residential care facility at the property.
C. 
Parcel Information. The zoning and general plan designations and assessor's parcel number(s) of the site on which the large licensed residential care facility is proposed.
D. 
Project Description. A narrative project description of the large licensed residential care facility that summarizes the proposed use and its purpose.
E. 
Plan; Building Diagram and Floor Plan. A preliminary site plan, drawn to scale, showing the facility's building footprint and property lines as well a diagram intended to show: (1) all building(s) to be occupied, including a floor plan for all rooms intended for residents' use indicating the number of residents per bedroom, the location and number of beds for all residents; and (2) on-site parking, including designations of staff and visitor parking.
F. 
Facility Users. The projected number and types of users of the facility, including, but not limited to, residents, staff, clients, visitors, and students.
G. 
Transportation and Parking. Expected parking demand and vehicular use and the availability of and proximity to public transportation or other means to transport facility users.
H. 
Management Plan. A comprehensive management plan, which shall include, at a minimum, the following:
1. 
Detailed information on property management policies and operations, including information regarding maintenance and repairs;
2. 
An explanation of how the large licensed residential care facility, intends to meet the requirements of Section 17.205.020(I);
3. 
An explanation of how the large licensed residential care facility, intends to meet the requirements of Section 17.205.020(J);
4. 
A copy of the large licensed residential care facility's written resident intake procedures, including rental procedures and rates;
5. 
A copy of the large licensed residential care facility's written termination and eviction procedures;
6. 
A copy of the large licensed residential care facility's resident and guest rules; and
7. 
If applicable, the large licensed residential care facility's plan for disposing of medical waste or other bio-waste.
I. 
Licensing. Proof of all required licensing from the California Department of Social Services, the California Department of Health and Human Services, the California Department of Health Care Services, or other applicable regulatory agency, along with a license and permit history of the applicant(s), including whether such applicant(s), in previously operating a similar use in this or another City, county or state under license and/or permit, has had such license and/or permit revoked or suspended, and the reason therefore.
J. 
Similar Facilities. A list of addresses of all other licensed facilities for which a conditional use permit is requested in the State of California owned or operated by the applicant(s) within the past five years and whether such facilities have been found by state or local authorities to be operating in violation of state or local law.
K. 
Project Review. The planning commission shall review an application for the large licensed residential care facility and shall approve, conditionally approve, or disapprove of the application for the large licensed residential care facility. The decision of the Planning Commission shall be final unless appealed to the City Council within the timeframes set forth in Section 17.125.110 (Appeals).
L. 
Findings and Decision. The Planning Commission shall only approve an application for a large licensed residential care facility if the Planning Commission makes all of the findings required pursuant to Chapter 17.80 (Conditional Use Permits) and conforms with all provisions of this chapter.
M. 
Design Review. The large licensed residential care facility shall require design review approval, pursuant to the City's single-family residential design guidelines prior to issuance of a building permit.
(Ord. 247, 1/15/2025)

§ 17.210.010 Purpose.

The California Legislature has declared that there is a need to eliminate the distinction between mobilehome development and conventional forms of residential land use. The purpose of this chapter is to establish standards for the development of mobilehome parks, in accordance with Government Code Section 65852.7 and the Mobilehome Parks Act (Health and Safety Code Section 18200 et seq.).
(Ord. 247, 1/15/2025)

§ 17.210.020 Permit required.

Mobilehome parks and subdivisions shall be subject to approval of a Major Development Review application (refer to Chapter 17.85) as designated in Article II, Tables of Allowed Land Uses and Approval Requirements.
(Ord. 247, 1/15/2025)

§ 17.210.030 Development standards.

The following shall apply to all mobilehome parks:
A. 
Minimum Site Area. The minimum site that may be developed for a mobilehome park shall be five gross acres.
B. 
Mobilehome Park Access. Vehicular access to a mobilehome park shall be provided from a collector/rural collector street or larger.
C. 
Mobilehome Lot Access. Vehicular access to all mobilehome lots shall be from internal mobilehome park streets.
D. 
Minimum Mobilehome Space. The minimum size of each space shall be 2,500 square feet. Each space shall have a minimum width of 30 feet.
E. 
Recreation. On-site recreation shall be provided at a ratio of not less than 150 square feet per dwelling unit.
F. 
Perimeter Setbacks. All mobilehome subdivisions and mobilehome parks shall provide a setback along all adjoining boundary streets equal to the minimum setbacks of the applicable zone, but in no case less than 20 feet along an adjoining street nor less than 15 feet to side and rear setback along all non-street boundaries of the development.
G. 
Perimeter Wall. A six-foot decorative masonry wall shall be erected along all perimeter property lines, except that the wall shall be erected not less than 10 feet from the property line along the street side of the parcel, or the required front yard setback line of the applicable zone district, whichever is greater.
H. 
Opaque Skirt. The area between the ground level and floor level of the unit shall be screened by an opaque skirt.
I. 
Automobile Storage. Automobile storage shall be provided as required by Chapter 17.155 (Parking and Loading).
J. 
Signs. Signs shall be permitted in accordance with the standards of Chapter 17.180 for a multi-family complex.
K. 
Modified Standards. The improvement and setback requirements contained in this section may be modified or eliminated when the approving authority finds that due to topographical conditions or property ownership patterns these requirements are impractical and will not serve to protect the present or future welfare of the public.
(Ord. 247, 1/15/2025)

§ 17.220.010 Purpose.

The purpose of this chapter is to establish standards for the development of RV storage facilities within the industrial and agriculture and rural residential zones.
(Ord. 253, 9/10/2025)

§ 17.220.020 Permit required.

RV storage facility shall be subject to approval of entitlement as designated in Article 2, Tables of Allowed Land Uses and Approval Requirements.
(Ord. 253, 9/10/2025)

§ 17.220.030 Development standards.

A. 
Setbacks. A minimum 25-foot street/front landscape setback buffer area shall be provided along the entire street frontage to enhance the streetscape aesthetics. Only landscaping (i.e., trees, turf, drought tolerant shrubs, etc.) is permitted within this setback buffer area. The 25-foot setback is measured from the ultimate street R-O-W line.
B. 
Lot Coverage. All RV and boat storage proposals must designate at least 20% of the front portion of the site to RV and boat sales, or other commercial retail uses. This area may be used for display of vehicles provided the vehicles are placed behind the 25-foot street/front landscape setback buffer area note above. The 20% standard shall not apply to RV and boat storage proposals located in residential zoning districts.
1. 
The area designated for RV and boat storage shall occupy no more than 80% of the project site and be located behind the sales/commercial retail area.
C. 
Building Materials.
1. 
All RV storage spaces shall include covered carports/canopies designed to blend in with the proposed buildings on the project site.
2. 
All commercial structures/office buildings proposed shall be consistent with the City's commercial design standards and guidelines booklet.
D. 
Walls and Fences.
1. 
The boundary line between the RV/boat storage area and RV sales/commercial retail area shall include a six-foot to eight-foot "green wall" to visually screen the storage area from public view.
2. 
A decorative block wall (i.e., split-face, slumpstone, or similar) shall be required along the side and rear property lines of the area designated for RV and boat storage to visually screen the storage uses from adjacent residential or commercial zoned properties.
3. 
In addition, a five-foot-wide landscape planter strip shall be required along the interior side and rear property line of the area designated for RV and boat storage to visually screen the storage uses from adjacent residential or commercial zoned properties.
E. 
Surface Materials.
1. 
The RV/boat storage area shall be made of pervious concrete or standard concrete paving for all drive aisles throughout the project site.
2. 
The RV/boat storage parking stalls shall be made of 5-inch to 6-inch pervious asphalt base over six-inch sub-base layer to aid in percolation.
3. 
RV sales area paving system must be pervious concrete or standard concrete paving (higher quality product).
4. 
If security fencing is permitted provided it is located at the rear of the 10-foot landscape buffer noted above. In addition, security fencing shall comply with Section 17.150.050 of the Wildomar Municipal Code.
F. 
Major and Commercial Corridors and Freeway Off-Ramps.
1. 
No RV storage facility is allowed on property within 1,000 feet of any major or commercial corridors or freeway off-ramps as shown in Figure 2-3 and described in Table 2-2, specifically Focus Areas 3 through 8, of the Wildomar General Plan, Land Use Element (Chapter 2).
(Ord. 253, 9/10/2025)

§ 17.221.010 Purpose.

The purpose of this chapter is to provide for the orderly development within the City of Wildomar of convenience stores, not including the sale of motor vehicle fuel.
(Ord. 253, 9/10/2025)

§ 17.221.020 Major and commercial corridors and freeway off-ramps.

No convenience store facility is allowed on properties within 1,000 feet from any major or commercial corridors or freeway off-ramps as shown in Figure 2-3 and described in Table 2-2, specifically Focus Areas 3 through 8, of the Wildomar General Plan, Land Use Element (Chapter 2).
(Ord. 253, 9/10/2025)

§ 17.225.010 Purpose.

The purpose of this chapter is to provide reasonable standards for the keeping and raising of animals to avoid and minimize adverse impacts on adjacent properties and preserves the City's quality and character. This chapter will allow for keeping of animals in limited numbers with reasonable controls and safeguards to protect the character of the community.
(Ord. 247, 1/15/2025)

§ 17.225.020 Applicability.

A. 
The requirements contained in this chapter shall apply to all animal keeping in the City of Wildomar including domestic and farm animals, kennels, catteries, horse stables, boarding and riding academies.
B. 
Any legally established nonconforming animal keeping use that became nonconforming upon adoption of this ordinance shall be permitted to continue subject to Chapter 17.20 (Legal Nonconforming Structures and Uses).
C. 
Animals may be kept on legally established lots of record that are less than the minimum lot size reference in Table 17.205.030-1 (Animal Keeping Standards) subject to compliance with setback regulations of the underlying zoning district and subject to approval by the Community Development Director.
(Ord. 247, 1/15/2025)

§ 17.225.030 Keeping of animals-Noncommercial.

Animal keeping uses allowed in Article II (Zoning Districts and Allowable Land Uses) shall comply with the standards listed in Table 17.205.030-1 (Animal Keeping Standards) and with all other standards and requirements of this section and with all other applicable ordinances and regulations.
Table 17.205.030-1 Animal Keeping Standards
Types of Animals
Parcel Size
Max Number of Animals
Setbacks and Standards
Aquaculture
20,000+ sq ft
1 fish per 250 gallons of tank/pool/pond
Fish must be kept in a tank/pool/pond that is no closer than 30 feet from the front property line, 15 feet from any side or rear property line and no closer than 35 feet of any dwelling unit other than the dwelling unit on the subject lot.
Hogs
0.5 to 1 acre
2
Hogs shall be kept in an enclosed area located not less than 20 feet from any property line and not less than 50 feet from any residence and shall be maintained on the rear portion of the lot in conjunction with a residential use.
1+ acres
5
Miniature Pigs
< 20,000 sq ft
1
Miniature pigs must be kept in an enclosure that is no closer than 30 feet from the front property line, 15 feet from any side or rear property line and no closer than 35 feet of any dwelling unit other than the dwelling unit on the subject lot.
10,890-19,999 sq feet
2
20,000+ sq ft
5
Equids (horses, donkeys, mules, etc.)
5 per/acre
Equids must be kept not less than 100 feet from any street and 20 feet from any property line.
Ruminants (cattle, bison, deer, antelopes, goats, sheep, etc.)
5 per/acre
Ruminants shall not be kept not less than 100 feet from any street, 20 feet from any property line, and 50 feet from any residence.
Camelids (alpacas, llamas, camels, etc.)
5 per/acre
Camelids shall not be kept not less than 100 feet from any street, 20 feet from any property line, and 50 feet from any residence.
Crowing Fowl (chickens, peafowl, roosters, turkeys, peacocks, guinea fowl, etc.)
Under 10,000 sq ft
4 crowing fowl
(females only)
The crowing fowl shall be kept in an enclosed area located not less than 10 feet from any property line and 20 feet from any dwelling unit (primary or accessory) and shall be maintained on the rear portion of the lot in conjunction with a residential use.
10,000 - 19,999 sq ft
6 crowing fowl
(females only)
20,000 - 39,999 sq ft
12 crowing fowl
(females only)
40,000+ sq ft
50 females and 10 males
Waterfowl (ducks, geese, swans, etc.), Gamebirds (quail, partridges), and other Wildfowl
20,000 - 39,999 sq ft
4 fowl
The fowl shall be kept in an enclosed area located not less than 20 feet from any property line and not less than 50 feet from any residence and shall be maintained on the rear portion of the lot in conjunction with a residential use.
40,000+ sq ft
50 fowl
Other Domestic Fowl (doves, parrots, budgies, etc.)
10,000+ sq ft
50 fowl
Any enclosed aviary shall be kept not less than 20 feet from any property line and not less than 50 feet from any residence and shall be maintained on the rear portion of the lot in conjunction with a residential use.
n/a
12 fowl
Ratites (Ostriches, kiwis, rheas, emus, cassowaries, etc.)
20,000+ sq ft
3 ratites per 20,000 sq feet, maximum of 6 ratites permitted
Ratites must be kept not less than 100 feet from any street and 20 feet from any property line.
Small Animals (Rabbits, chinchillas, guinea pigs, fish, frogs, and other small animals)
n/a
n/a
n/a
(Ord. 247, 1/15/2025)

§ 17.225.040 Keeping of animals - Commercial.

A. 
Kennels, with the exception of one to four dogs may be for commercial purposes, including for the raising of guard dogs, care animals, rescue animals, and breeding and boarding.
B. 
The following classes of kennels are allowed in the following zones pursuant to Table 17.205.040-1, Kennel Classes and Allowed Zoning pursuant to the following development standards:
Table 17.205.040-1 Kennel Classes and Allowed Zoning
Class of Kennels
Maximum Number of Animals per Site
Zones Allowed
Minimum Lot Size for Keeping Such Animals
No Kennel
(non-commercial)
1—4 dogs
All zones
Class I Kennel
5—10 dogs
R-R, R-A, R-1, R-3, R-T
1 acre (gross)
M-I
No minimum lot size
Class II Kennel/Cattery
11—25 dogs
R-R, R-A, R-T
1 acre (gross)
10—25 cats
M-I
No minimum lot size
Class III Kennel/Cattery
26—40 dogs
R-R
1 acre (gross)
26—40 cats
M-I
No minimum lot size
Class IV Kennel/Cattery
41 or more dogs or cats
R-R
1 acre (gross)
M-I
No minimum lot size
(Ord. 247, 1/15/2025)

§ 17.225.050 Development and operational standards.

A. 
Class I kennels, such kennels may be placed upon parcels containing detached single-family dwelling units.
B. 
Class II kennels and all catteries shall include a single-family dwelling to be used by a live-in caretaker, as required by the City standards for kennels and catteries.
C. 
Multifamily dwelling units and attached single-family dwelling units shall not be permitted in conjunction with kennels or catteries; provided, however, that a guest dwelling or accessory dwelling unit shall be permitted in accordance with current City zoning regulations.
D. 
The applicant shall obtain and continuously maintain all necessary licenses from the Health Department.
(Ord. 247, 1/15/2025)

§ 17.225.060 Applications.

Every application for a kennel or cattery shall be made in writing to the Community Development Director on forms provided by the Planning Department and shall be accompanied by the filing fee set forth in Chapter 3.44.
(Ord. 247, 1/15/2025)

§ 17.225.070 Animal grazing.

The grazing of cattle, horses, sheep, goats or other farm stock or animals (excludes hogs) shall comply with the following standards:
A. 
Includes the supplementary feeding thereof, not to exceed five animals per acre of all the land available; provided however, the systematic rotation of animals with more than five animals per acre is permitted so long as the total number of permitted animals is not exceeded.
1. 
For the grazing of sheep or goats, the permissible number of animals per acre may be multiplied by three.
2. 
There shall be no limit to the permissible number of goats or sheep which may be grazed per acre when the grazing is for the purpose of cleaning up unharvested crops or weed abatement, provided that such grazing is not conducted for more than four weeks in any six-month period.
3. 
The provisions of this subdivision apply to mature breeding stock, maintenance stock and similar farm stock, and shall not apply to the offspring thereof, if such offspring are being kept, fed or maintained solely for sale, marketing or slaughtering at the earliest practical age of maturity.
4. 
In all cases the permissible number of animals per acre shall be computed upon the basis of the nearest equivalent ratio.
5. 
Permitted on agricultural, open space and residential lots or parcels, including vacant lots without a house, over 20,000 square feet in area and 100 feet in width, provided they are kept, fed and maintained not less than 50 feet from any residence existing at the time such use is established. Two such animals may be kept on each 20,000 square feet up to one acre and two such animals for each additional acre.
(Ord. 247, 1/15/2025)

§ 17.225.080 Animal maturity.

Whenever any section of this Title requires a determination as to the maturity of animals, the following periods of time shall be used to establish the age of maturity:
Classification
Age of Maturity
Birds and poultry
6 months
Cattle
18 months
Crowing fowl
2 months
Goats
9 months
Horses
24 months
Pigs
8 months
Sheep
9 months
Other small farm animals
6 months
(Ord. 247, 1/15/2025)

§ 17.225.090 Residential beekeeping.

The raising, breeding, and maintenance of domestic honeybees (apis mellifera species) in residential zones shall comply with the following standards:
A. 
Residential beekeeping shall mean the keeping or maintenance of bees as an accessory use.
1. 
Any beekeepers in a residential zone shall obtain a residential beekeeping permit from the community development department.
2. 
Each residential lot shall have no more than four bee boxes.
3. 
Bee boxes shall not exceed six feet in height.
4. 
Bee boxes must be continuously occupied by bees under the control of the permit holder.
5. 
Hives shall be located on the property in the following manner:
a. 
Bee boxes shall be located in the rear yard.
b. 
Bee boxes location shall be secured from unauthorized access.
c. 
Bee boxes shall be screened so that they cannot be seen from an adjacent public street.
6. 
It is declared a public nuisance to keep bees in a manner that through action or inaction allows for any of the following conditions to occur:
a. 
Bees exhibit defensive or objectionable behavior, or interfere with the normal use of neighboring properties.
b. 
Bees swarm and are not contained or relocated by the owner of the bees as quickly as possible, but no more than three days.
(Ord. 247, 1/15/2025)

§ 17.230.010 Purpose.

The following provisions are intended to ensure that farmers' markets complement adjacent land uses and do not have negative impacts on nearby properties.
(Ord. 247, 1/15/2025)

§ 17.230.020 Development standards.

A. 
The market must be located within the buildable portion of the lot on which it is to be located.
B. 
All farmers' markets and their vendors shall comply with all federal, state, and local laws and regulations relating to the operation, use, and enjoyment of the market premises.
C. 
All farmers' markets and their vendors shall receive all required operating and health permits, and these permits (or copies) shall be in the possession of the farmers' market manager or the vendor, as applicable, on the site of the farmers' market during all hours of operation.
D. 
All farmers' markets shall have an established set of operating rules addressing the governance structure of the farmers' market, hours of operation, maintenance, and security requirements and responsibilities; and appointment of a market manager.
E. 
All farmers' markets shall have a market manager authorized to direct the operations of all vendors participating in the market on the site of the market during all hours of operation.
F. 
All farmers' markets shall provide for composting, recycling, and waste removal in accordance with all applicable City, health department and other outside agency codes and regulations.
(Ord. 247, 1/15/2025)

§ 17.235.010 Purpose.

The following provisions provide minimum development standards for alcoholic beverage sales in the City. These standards are designed to provide for the appropriate development of alcoholic beverage sales and to protect the health, safety and welfare of City residents by furthering awareness of laws relative to drinking.
(Ord. 247, 1/15/2025)

§ 17.235.020 Development standards.

A. 
A conditional use permit shall be required for on-site consumption for bars, nightclubs, and cocktail lounges. Alcohol sales for off-site consumption do not require a conditional use permit.
B. 
Such facilities shall not be situated in such a manner that vehicle traffic from the facility may reasonably be believed to be a potential hazard to the public.
C. 
The Community Development Director may require that a notice of public hearing be given, in a manner the Director deems necessary or desirable, to other persons or public entities within a maximum radius of 600 feet.
D. 
The following additional development standards shall apply to the concurrent sale of motor vehicle fuels and beer and wine for off-premises consumption:
1. 
Only beer, wine, cider, hard seltzers, or other fermented alcoholic beverages may be sold.
2. 
The owner of each location and the management at each location shall provide health warnings about the consumption of alcoholic beverages. This educational requirement may be met by posting prominent signs, decals or brochures at points of purchase. In addition, the owner and management shall provide adequate training for all employees at the location as to these matters.
3. 
No displays of beer, wine or other alcoholic beverages shall be located within five feet of any building entrance or checkout counter.
4. 
Cold beer or wine shall be sold from, or displayed in, the main, permanently affixed electrical coolers only.
5. 
No beer, wine or other alcoholic beverages advertising shall be located on gasoline islands; and no lighted advertising for beer, wine, or other alcoholic beverages shall be located on the exterior of buildings or within window areas.
6. 
Employees selling beer and wine between the hours of 10:00 p.m. and 2:00 a.m. shall be at least 21 years of age.
7. 
No sale of alcoholic beverages shall be made from a drive-in window.
(Ord. 247, 1/15/2025)

§ 17.235.030 Additional development requirements.

Additional development standards may be required as conditions of approval.
(Ord. 247, 1/15/2025)

§ 17.240.010 Purpose.

A. 
The purpose of this chapter is to regulate cannabis business land uses, as permitted by the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Section 26200 of the California Business and Professions Code), in a manner designed to minimize negative impacts on the City and neighboring uses, and promote the health, safety, morals, and general welfare of residents and businesses within the City.
B. 
This chapter is further adopted and established pursuant to the specific authority granted to Wildomar in Section 7 of Article XI of the California Constitution and Section 26200 of the California Business and Professions Code. This chapter shall govern all cannabis businesses within the jurisdiction of Wildomar.
(Ord. 247, 1/15/2025)

§ 17.240.020 Relationship to other laws.

A. 
In the event of any conflict between the provisions of this chapter and the provisions of Medicinal and Adult-Use Cannabis Regulation and Safety Act or any other applicable State or local law, the more restrictive provision shall control.
B. 
Except as expressly stated herein, cannabis businesses must comply with all other City codes and regulations. Nothing in this chapter shall be construed as permitting a cannabis business to operate at any time in a manner that is in violation of all other applicable state and local laws.
(Ord. 247, 1/15/2025)

§ 17.240.030 Conditional use permit and development agreement required.

A. 
No person may operate a cannabis business of any type in the City unless the following are complied with:
1. 
The business is located in a zoning district where a cannabis businesses of that type are conditionally permitted, and a conditional use permit has been approved by the Planning Commission and City Council for the operation of a cannabis business of that type for the property; and
2. 
The business owner has entered into a development agreement with the City approved by the Planning Commission and City Council for the operation of the cannabis business that is; and
3. 
The business owner has valid state and local licenses to operate a cannabis business within the City.
B. 
Chapter 17.200 of this Code shall govern and apply to conditional use permits for cannabis businesses applied for or obtained pursuant to this chapter unless this chapter expressly states otherwise. All requirements contained in this chapter shall be in addition to the applicable requirements of Chapter 17.200.
C. 
Each cannabis business shall enter into a development agreement pursuant to Government Code Section 65864 et seq., with the City setting forth the terms and conditions under which the cannabis business will operate that are in addition to the requirements of this chapter and Chapter 5.76, including, but not limited to, public outreach and education, community service, payment of fees and other charges, and such other terms and conditions that will protect and promote the public health, safety, and welfare. The execution and recordation of the development agreement shall be a condition of approval for the conditional use permit for the cannabis business. The Planning Commission shall make a recommendation to the City Council on whether to approve a development agreement submitted to it by City staff. The City Council shall make a final decision on whether to approve a development agreement recommended to the City Council by the Planning Commission.
D. 
The Planning Director is authorized to make policies and procedures consistent with the intent and spirit of this chapter concerning the applications, the application process, the information required of applicants, the application procedures and the administration and procedures to be used and followed in the application and hearing process for cannabis business conditional use permits and development agreements.
(Ord. 247, 1/15/2025)

§ 17.240.040 Conditional use permit application.

A. 
All applications for a conditional use permit shall be filed with the Planning Director on the official form supplied by the City and shall be accompanied by the application fee established by resolution of the City Council, as may be amended from time to time.
B. 
An application for a conditional use permit shall include, but shall not be limited to, the following information:
1. 
Proof that the applicant has received a local license for the proposed premises, and the local license is in good standing, or a statement that the applicant is applying for a local license for the proposed premises concurrently with the conditional use permit application.
2. 
Confirmation that the proposed premises is not currently permitted by the state or county for the production of non-cannabis infused food products.
3. 
The address of the proposed cannabis business.
4. 
A site plan and floor plan of the cannabis business denoting all the use of areas of the cannabis business, including storage, employee areas, exterior lighting, restrooms, security cameras, areas of ingress and egress, signage, limited access areas, and restricted access areas, if included.
5. 
Plans and specifications for the interior of the proposed premises if the building to be occupied is in existence at the time of the application. If the building is not in existence or alteration to the building is required at the time of the application, the applicant shall file a plot plan and a detailed sketch for the interior and shall further submit an architect's drawing of the building to be constructed.
6. 
The name and address of the person that owns the real property upon which the cannabis business is to be operated. In the event the applicant does not legally own the property, the application must be accompanied by a notarized acknowledgement from the person that owns the property that a cannabis business will be operated on his or her property.
7. 
A description of the design of the proposed premises evidencing that the design conforms to applicable City laws.
8. 
For a Cultivation Site or Manufacturing Site.
a. 
An environmental plan indicating how cultivation and/or manufacturing will be conducted in accordance with state and local laws related to hazardous material disposal, land conversion, grading, electricity usage, water usage, and agricultural discharges.
b. 
An emergency response plan which complies with Title 8 of this Code and California Fire Code Section 401 and sets out standard operating procedures to be followed by all individuals in case of a fire, chemical release, chemical spill, or other emergency.
c. 
A description of the source of power (electric utility company, solar, diesel generators), the size of the electrical service or system, and the total demand to be placed on the system by all proposed uses on site.
d. 
For a cultivation site, verification of all water sources used by the proposed premises and verification that the proposed premises does not utilize water that has been or is illegally diverted from any stream, creek, or river.
e. 
For a manufacturing site, a report from a professional engineer that details the type of equipment that will be used to extract cannabinoids from cannabis. If flammable gas, flammable liquefied gas, flammable and combustible liquids, or compressed carbon dioxide (CO2) are used for extraction, then the report must certify that only closed-loop extraction system(s), that are UL or ETL listed or have a sign off by a professional engineer, capable of recovering the solvent are utilized.
f. 
For a manufacturing site, a separate diagram of any room where extraction occurs that details the location of the extraction equipment, areas of ingress and egress, emergency eyewash station, any other fire suppression or emergency equipment required by Title 8 of this Code, City and the California Building Codes, Fire Code, Electrical Code and all other applicable laws.
9. 
A statement in writing by the applicant that he or she certifies under penalty of perjury that all the information contained in the application is true and correct.
10. 
Authorization for the Planning Director to seek verification of the information contained within the application.
11. 
Any such additional and further information as is deemed necessary by the Planning Director to administer this section or this chapter.
C. 
The Planning Director and appropriate City staff shall review, verify and investigate all information on the application and prepare a report for the Planning Commission incorporating the findings of such investigation and verification, including, but not limited to, the suitability of the proposed location, and the applicant's compliance with the requirements of this chapter, Chapter 5.76 and Chapter 17.200.
(Ord. 247, 1/15/2025)

§ 17.240.050 Findings for approval of conditional use permit.

A. 
The Planning Commission shall not hold a public hearing on or approve any application for a conditional use permit to operate a cannabis business unless the applicant holds a local license in good standing in accordance with Chapter 5.76 (Commercial Cannabis Licensing) of this Code.
B. 
In addition to the findings set forth in Section 17.80.050 of this Code, a conditional use permit for a cannabis business shall only be granted subject to the following additional findings:
1. 
The cannabis business as well as all operations as conducted therein, fully comply with all conditionally permitted, and all of the applicable locational restrictions in Section 17.240.070 are satisfied.
C. 
The Planning Commission may deny an application for a conditional use permit if it determines that one or more of the findings required by Section 17.80.050 of this Code or subsection B of this section cannot be made.
D. 
Based on the information set forth in the application and City staff's report and testimony presented at the public hearing, the Planning Commission may impose reasonable terms and conditions on the proposed cannabis business in addition to those specified in and required to be included in every conditional use permit granted under this chapter.
(Ord. 247, 1/15/2025)

§ 17.240.060 Locational requirements.

A conditional use permit for a cannabis business shall not be approved unless the proposed cannabis business will be located in a zoning district in which cannabis businesses of the type proposed are conditionally permitted. In addition, a conditional use permit shall not be approved for a cannabis business unless all of the following locational requirements applicable to the type of cannabis business proposed are satisfied:
A. 
No cannabis business shall be located within 600 feet of a residential use or residential zone, public or private school providing instruction in kindergarten or grades 1 through 12, a day care center (excluding small and large family day cares), a park or a youth center.
B. 
All distances specified in this section shall be measured in a straight line, without regard to intervening structures or topography, from the nearest point of the building or structure in which the cannabis business is, or will be located, to the nearest property line of the parcel where such use is located. If the cannabis business is, or will be located, in a multi-unit building, the distances shall be measured from the nearest point of the suite in which the cannabis business is or will be located.
(Ord. 247, 1/15/2025; Ord. 252, 8/13/2025)

§ 17.240.070 Conditions of approval.

A. 
All Cannabis Businesses. Every conditional use permit for a cannabis business shall be subject to the following conditions of approval.
1. 
The premises must be equipped with an odor absorbing ventilation and exhaust system so that odor generated inside the cannabis business that is distinctive to its operation is not detected outside the cannabis business, anywhere on adjacent property or public rights-of-way, on or about any exterior or interior common area walkways, hallways, breeze-ways, foyers, lobby areas, or any other areas available for common use by tenants or the visiting public, or within any other unit located within the same building as the cannabis business. As such, cannabis businesses must install and maintain the following equipment or any other equipment which local licensing authority determines has the same or better effectiveness:
a. 
An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; or
b. 
An air system that creates negative air pressure between the cannabis businesses' interior and exterior so that the odors generated inside the cannabis business are not detectable outside the cannabis business.
2. 
The applicant or its legal representative shall:
a. 
Indemnify and hold the City harmless from any and all claims, damages, legal or enforcement actions, including, but not limited to, any actions or claims associated with violation of federal law associated with the operation of the cannabis business; defend, at its sole expense, any action against the City, its agents, officers, and employees related to the approval of a conditional use permit or the operation of the cannabis business; reimburse the City for any court costs and attorney fees that the City may be required to pay as a result of any legal challenge (or federal enforcement action) related to the City's approval of a conditional use.
b. 
Maintain insurance in the amounts and of the types that are acceptable to the City pursuant to guidelines and policies set forth by the local licensing authority and name the City as an additionally insured on all City-required insurance policies.
3. 
All windows on the premises of the cannabis business shall be appropriately secured and cannabis securely stored.
4. 
All cannabis businesses shall comply with the City's lighting standards including, without limitation, fixture type, wattage, illumination levels, shielding, and secure the necessary approvals and permits as needed.
5. 
All cannabis businesses and all equipment used in the conduct of the business, must be operated in compliance with all applicable state and local laws and regulations, including all building, electrical, and fire codes, and incompliance with the businesses' state and local licenses.
6. 
From a public right-of-way, there should be no exterior evidence of the cannabis business except for any permitted on-site signage.
7. 
A development agreement for the cannabis business must be executed and recorded against the property.
8. 
Cannabis and cannabis products shall not be smoked, vaped, ingested, or otherwise consumed by any person on the premises of the cannabis business.
B. 
Manufacturing Sites. Every conditional use permit for a manufacturing site shall include the following conditions of approval:
1. 
All manufacturing of cannabis products shall occur in an enclosed locked structure.
2. 
Manufacturing activities shall only occur in the areas depicted on the floor plan submitted by the applicant and shall not exceed the square footage authorized pursuant to the conditional use permit.
3. 
If hazardous materials, flammable gas, flammable liquefied gas, flammable and combustible liquids, or other flammable material, as those terms are defined in CFC Section 202, are to be used in the processing of cannabis, then the provisions of CFC Section 407 shall be applicable where hazardous materials subject to permits under CFC Section 50 (Hazardous Materials) are located on the premises or where required by the fire department official.
4. 
Storage, use and handling of compressed gases in compressed gas containers, cylinders, tanks and systems shall comply with CFC Chapter 53, including those gases regulated elsewhere in the Wildomar Municipal Code. Partially full compressed gas containers, cylinders or tanks containing residual gases shall be considered as full for the purposes of the controls required. Compressed gases classified as hazardous materials shall also comply with CFC Chapter 50 for general requirements and CFC Chapter 53 addressing specific hazards, including CFC Chapter 58 (Flammable Gases), CFC Chapter 60 (Highly Toxic and Toxic Materials), CFC Chapter 63 (Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids) and CFC Chapter 64 (Pyrophoric Materials). Prevention, control and mitigation of dangerous conditions related to storage, use, dispensing, mixing and handling of flammable and combustible liquids shall be in accordance with CFC Chapters 50 and 57.
5. 
Manufacturing sites are a Group F-1 (Factory Industrial Moderate-Hazard) Occupancy under the Fire Code. All new construction is required to be fire sprinkled per the Fire Code. For manufacturing sites that will be sited in an existing structure, an automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists:
a. 
A Group F-1 fire area exceeds 12,000 square feet.
b. 
A Group F-1 fire area is located more than three stories above grade plane.
c. 
The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 24,000 square feet.
C. 
Cultivation Sites. Every conditional use permit for a cultivation site shall include the following conditions of approval:
1. 
All cultivation of cannabis shall occur in an enclosed locked structure. Outdoor cultivation is prohibited.
2. 
Cultivation activities shall only occur in the areas shown on the floor plan submitted by the applicant and shall not exceed the square footage authorized pursuant to the conditional use permit.
3. 
Areas where cannabis is cultivated are wet locations, and the electrical system in such areas must comply with Article 300.6(D) of the National Electric Code, City and the California Building Codes, Fire Code, Electrical Code and all other applicable laws.
4. 
Cultivation Sites are a Group F-1 (Factory Industrial Moderate-Hazard) Occupancy under the Fire Code. All new construction is required to be fire sprinkled per the Fire Code. For cultivation sites that will be sited in an existing structure, an automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists:
a. 
A Group F-1 fire area exceeds 12,000 square feet.
b. 
A Group F-1 fire area is located more than three stories above grade plane.
c. 
The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 24,000 square feet.
D. 
Cannabis Distribution Sites. Every conditional use permit for a cannabis distribution site shall include the following conditions of approval:
1. 
Cannabis distribution sites shall store all cannabis and cannabis products in a locked safe room, safe, or vault and in a manner to prevent diversion, theft, and loss.
2. 
The storage of cannabis and cannabis products shall only occur in the areas shown on the floor plan submitted by the applicant and shall not exceed the square footage authorized pursuant to the conditional use permit.
(Ord. 247, 1/15/2025; Ord. 252, 8/13/2025)

§ 17.240.080 Limitations on City's liability.

To the fullest extent permitted by law, the City shall not assume any liability whatsoever, with respect to approving any conditional use permit pursuant to this chapter or the operation of any cannabis business approved for such permit pursuant to this chapter.
(Ord. 247, 1/15/2025)

§ 17.240.090 Inspections.

A. 
Recordings made by security cameras at any cannabis business shall be made immediately available to the Planning Director upon verbal request for the purposes of determining compliance with this chapter and the cannabis business's conditional use permit.
B. 
The Planning Director shall have the right to enter all cannabis businesses from time to time unannounced for the purpose of making reasonable inspections to observe and enforce compliance with this chapter and the cannabis business' conditional use permit. Such inspections shall be limited to observing the premises for purposes of determining whether the cannabis business is being operated or maintained in compliance with this Code, state law, and other applicable laws and regulations.
C. 
Applicants and permittees must cooperate with employees and investigators of the City who are conducting inspections or investigations relevant to the enforcement of this chapter. No applicant or permittee shall by any means interfere with, obstruct or impede any City official from exercising their duties under the provisions of this chapter and all rules promulgated pursuant to it.
(Ord. 247, 1/15/2025)

§ 17.240.100 Enforcement.

The operation of a cannabis business in violation of any conditions of approval or the provisions of this chapter or Chapter 17.80 (Conditional Use Permits) is a violation of this Code, and a public nuisance. The City may seek to remedy such violations by any means provided for in law or equity, including, but not limited to, the enforcement mechanisms and remedies provided for in Chapter 1.16 (Code Violations) of this Code, or take action to revoke the conditional use permit pursuant to Section 17.125.150 of this Code.
(Ord. 247, 1/15/2025)

§ 17.245.010 Purpose.

The purpose of this chapter is to establish uniform and comprehensive regulations and procedures for wireless communication facilities. It is the City's intent in establishing these regulations to allow for the development of wireless communication facilities where needed in accordance with the Federal Telecommunications Act of 1996, 42 U.S.C., Sections 151 et seq., for the orderly development and siting of wireless communication facilities in the City; Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012; applicable state laws; and administrative and court decisions and determinations relating to the same. The goals of this chapter are to:
A. 
Enhance the ability of telecommunication service providers to effectively and efficiently provide new wireless communication services in the City;
B. 
Encourage the design and placement of wireless communication facilities in a way that minimizes their impact to the visual character, health, economic vitality and biological resources of the City;
C. 
Encourage and maximize the use of existing and approved wireless communication facilities, buildings and other structures while taking into account the use of concealment technology in order to reduce the number of facilities needed to serve businesses and residents in the City;
D. 
Ensure continuous maintenance of new and existing wireless communication facilities; and
E. 
Ensure the timely removal of any unused or outdated wireless communication facilities.
(Ord. 247, 1/15/2025)

§ 17.245.020 Exclusions.

This chapter shall not apply to any of the following:
A. 
Any tower or antenna that is less than 105 feet in total height and that is owned and operated by a federally licensed amateur radio station operator.
B. 
Any tower or antenna used for emergency services radio, commercial radio or television purposes.
C. 
Government owned and operated telecommunications facilities.
D. 
Emergency medical care provider-owned and operated telecommunications facilities.
E. 
Mobile services providing public information coverage of news events of a temporary nature.
F. 
Any wireless telecommunications facilities exempted from this Code by federal law or state law.
(Ord. 247, 1/15/2025)

§ 17.245.030 Concealed wireless communication facilities.

Concealed wireless communication facilities shall be subject to the following standards:
A. 
Appropriate Location. A concealed wireless communication facility may be located in any zone classification.
B. 
Permit Application. A minor development permit application shall be submitted to the Community Development Director in accordance with Chapter 17.90 of this Title accompanied by the required application fee. All the procedural provisions of Chapter 17.90 shall apply to the application for a concealed wireless communication facility, except as provided herein.
C. 
Requirements for Approval. No minor development permit application for a concealed wireless communication facility shall be approved unless it complies with the following:
1. 
The facility is designed so that it is not visible at all or, if visible, it is not recognizable as a wireless communication facility.
2. 
Supporting equipment is located entirely within an equipment enclosure that is architecturally compatible with the surrounding area or is screened from view.
3. 
The application has met the processing requirements set forth in this chapter.
4. 
The application has met the location and development standards set forth in this chapter.
5. 
The application has met the requirements for approval set forth in Chapter 17.90 of this Title.
(Ord. 247, 1/15/2025)

§ 17.245.040 Disguised wireless communication facilities.

Disguised wireless communication facilities shall be subject to the following standards:
A. 
Appropriate Location. A disguised wireless communication facility may be located in nonresidential zone classifications and residential zone classifications.
B. 
Permit Application. A minor development permit application shall be submitted to the Community Development Director in accordance with Chapter 17.90 of this Title accompanied by the required application fee. All the procedural provisions of Chapter 17.90 shall apply to the application, except as provided herein.
C. 
Requirements for Approval. No minor development permit application for a disguised wireless communication facility shall be approved unless it complies with the following:
1. 
The facility is designed and sited so that it is minimally visually intrusive.
2. 
Supporting equipment is located entirely within an equipment enclosure that is architecturally compatible with the surrounding area or is screened from view.
3. 
The application has met the processing requirements set forth in this chapter.
4. 
The application has met the location and development standards set forth in this chapter.
5. 
The application has met the requirements for approval set forth in Chapter 17.90 of this Title.
(Ord. 247, 1/15/2025)

§ 17.245.050 Co-locations and modifications to existing wireless communication facilities.

A. 
Co-location and modifications to an existing wireless communication facility shall be subject to the following standards:
1. 
Appropriate Location. A co-located wireless communication facility may be located in any zone classification.
2. 
Permit Application. An application for substantial conformance shall be submitted to the Community Development Director in accordance with Section 17.125.130 of this Title accompanied by the required application fee if the co-location or modification does not constitute a substantial change to the wireless communication facility. If the co-location or modification request constitutes a substantial change, an application for a revised permit shall be made to the Community Development Director in accordance with Section 17.125.130 of this Title.
3. 
Requirements for Approval. A substantial conformance shall be issued for a co-location or modification that is not a substantial change to the existing wireless communication facility if all the application requirements for a substantial conformance have been satisfied. No revised permit application for a co-location or modification of an existing wireless communication facility shall be approved unless it complies with the following:
a. 
Supporting equipment is located entirely within an equipment enclosure that is architecturally compatible with the surrounding area or is screened from view.
b. 
The application has met the processing requirements set forth in this chapter.
c. 
The application has met the location and development standards set forth in this chapter.
d. 
The application has met the requirements for approval set forth in Section 17.125.130 of this Title.
4. 
A modification to an existing wireless telecommunication facility includes:
a. 
Supporting other wireless communication facilities.
B. 
Other wireless communication facilities shall be subject to the following standards:
1. 
Appropriate Location. Other wireless communication facilities may be located in the following zone classifications: M-I
2. 
Permit Application. A conditional use permit application shall be submitted to the Community Development Director in accordance with Chapter 17.80 of this Title accompanied by the required application fee. A public hearing on the application shall be required, and all procedural provisions of Chapter 17.80 of this Title shall apply to the application.
3. 
Requirements for Approval. No conditional use permit for another wireless communication facility shall be approved unless it complies with the following:
a. 
The facility is not located within a sensitive viewshed.
b. 
Supporting equipment is located entirely within an equipment enclosure that is architecturally compatible with the surrounding area or is screened from view.
c. 
The application has met the processing requirements set forth in this chapter.
d. 
The application has met the location and development standards set forth in this chapter.
e. 
The application has met the findings for approval as set forth in Chapter 17.80 of this Title.
(Ord. 247, 1/15/2025)

§ 17.245.060 Effect of location on public property.

Whether located on public or private property, wireless communication facilities cannot be constructed unless a permit has first been obtained in accordance with this chapter.
(Ord. 247, 1/15/2025)

§ 17.245.070 Effect on encroachment permit issuance.

An encroachment permit does not, under any circumstances, authorize the construction of wireless communication facilities.
(Ord. 247, 1/15/2025)

§ 17.245.080 Processing requirements-New, co-location and modifications.

A. 
In addition to the application requirements of the appropriate permit, all of the following shall be submitted with an application for a new wireless communication facility (Refer to Table 17.245.110-1 for summary of location, permit and development standards):
1. 
Evidence that the applicant has all current licenses and registrations from the FCC, the CPUC, and any other applicable regulatory bodies necessary to provide wireless communication services utilizing the proposed wireless communication facility.
2. 
A site plan drawn to scale by a California licensed land surveyor or civil engineer showing property lines; the location of the proposed facility; the distance of the proposed facility from property lines; adjacent roadways and rights-of-way; contours; the height of the proposed facility and the facility type; guy wires and anchors; facility dimensions; setbacks; existing structures on the underlying property; elevation drawings depicting the typical design of the proposed facility; parking; access easements; and fencing.
3. 
A conceptual landscape plan indicating all existing vegetation, identifying landscaping that is to be retained on the site and identifying any additional vegetation that is needed to satisfactorily control erosion and screen the facility from adjacent land uses and public vistas. All existing trees larger than four inches in diameter at a height of four and one-half feet shall be identified in the landscape plan by species type and the plan shall indicate whether the trees are to be retained or removed. Landscape plans are not required for concealed wireless communications facilities.
4. 
Propagation diagrams showing the existing network coverage within one mile of the site and the proposed coverage based upon the proposed facility at the proposed height.
5. 
Photo simulations showing the proposed facility from all public roads and all residential developments within a one-half mile radius of the site.
6. 
A letter stating whether or not Federal Aviation Administration (FAA) clearance is required. If FAA clearance is required, a letter stating the type of lighting necessary and the tower color.
7. 
A fully executed copy of the lease or other agreement entered into with the owner of the underlying property. The lease or other agreement shall include a provision indicating that the telecommunication service provider, or its successors and assigns, shall remove the wireless communication facility completely upon its abandonment. The lease or other agreement shall also include a provision notifying the property owner that if the telecommunication service provider does not completely remove a facility upon its abandonment, the City may remove the facility at the property owner's expense and lien the property for the cost of such removal. Proprietary information in the lease may be redacted.
8. 
A list of all towers owned by the applicant located within the City. The list shall include the following information:
a. 
Zoning permit numbers.
b. 
Assessor's parcel number(s).
c. 
GPS coordinates.
d. 
Street addresses.
e. 
Thomas Brothers map page and coordinates (identify edition used).
f. 
Type of facility (concealed, disguised, co-located, other).
g. 
Number of antennas on each facility.
9. 
If required by the City Engineer, a geotechnical report that shall include the following:
10. 
Soils and geologic characteristics of the site based upon site-specific sampling and testing;
a. 
Foundation design criteria for the proposed facility;
b. 
A slope stability analysis;
c. 
Grading criteria for ground preparation, cuts and fills and soil compaction;
d. 
A geologic hazards evaluation to include regional seismicity, potential for strong ground shaking, all appropriate primary and secondary seismic hazards, and recommended mitigation measures;
e. 
A detailed fault hazard valuation prepared by a California registered geologist or certified engineering geologist for any wireless communication facility located within an Alquist-Priolo Special Studies Zone, County Fault Zone, or within 150 feet of any other active or potentially active fault; and
f. 
A detailed liquefaction hazard evaluation prepared by a California registered geologist or certified engineering geologist for wireless communication towers located within a county liquefaction zone.
11. 
If required by the Community Development Director, a biological assessment that shall include the following:
a. 
A proposed facility description including location, height of tower as measured from the ground, description of associated equipment, width and length of access roads and driveways, and length and right-of-way width of power and communication lines;
b. 
Existing biological resources on-site including quantification of vegetation and habitat types, color photo documentation of on-site and surrounding vegetation, a description of water resources, potential habitat for federal and state-listed species, and sensitive species habitats;
c. 
The results of any focused surveys for federally listed species (if required); and
d. 
Impacts to biological resources including quantification of the habitat to be removed as a result of the proposed facility.
12. 
A variance application pursuant to Chapter 17.70 of this Title, a variance application shall be required accompanied by the required application fee, if the wireless communication facility exceeds the maximum height allowed or the applicant desires not to comply with any other development standard herein.
13. 
The applicable wireless communication facility application fee established by City Council resolution as set forth in Chapter 3.44.
14. 
A map that indicates existing, identifiable wireless communication facilities within a one-mile radius of the proposed location of the new wireless communication facility, and an explanation of why collocation on these existing facilities, if any, is not feasible. This explanation must include such technical information and other factual justifications as are necessary to document the reasons why collocation is not a viable option. The applicant must provide a list of all existing structures considered as alternatives to the proposed location, together with a general description of the site design considered at each location. The applicant must also provide a written explanation for why the alternatives considered were unacceptable or infeasible, unavailable, or not as aesthetically desirable as the proposed location. This explanation must include such technical information and other factual justification as are necessary to document the reasons why each alternative is unacceptable, infeasible, unavailable, or not as aesthetically desirable as the proposed location. If an existing wireless communication facility is listed among the alternatives, the applicant must specifically address why the modification of such wireless communication facility is not a viable option. The written explanation must also state the radio frequency coverage and capacity needs and objectives of the applicant and must include maps of existing coverage and predicted new coverage with the proposed facility.
15. 
A statement that the proposed wireless communication facility is available for collocations, or an explanation of why future collocation is not technically feasible or potentially available.
16. 
A radio frequency (RF) report prepared and certified by an RF engineer acceptable to the City that certifies that the proposed facility, as well as any collocated facilities, will comply with applicable federal RF exposure standards and exposure limits. The RF report must include the frequency and power levels (in watts ERP) for all existing and proposed transmitters at the site and exhibits that show the location and orientation of all transmitters and the boundaries of areas with exposures in excess of the uncontrolled/general population limit and the controlled/occupational limit.
17. 
A noise study prepared and certified by an engineer for the proposed facility and all associated equipment including all environmental control units, sump pumps, temporary backup power generators, and permanent backup power generators demonstrating compliance with the City's noise regulations. The noise study must also include an analysis of the manufacturers' specifications for all noise-emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines.
B. 
Any applicant seeking to modify an existing wireless communication facility or to co-locate on an existing wireless communication facility need only submit items 1, 2, 3, 5, 7, 12, 11, 15, and 16 from subsection A above, as applicable.
C. 
The proposed facility height shall be stated in all hearing notices.
D. 
A cash or other sufficient deposit for any third-party peer review determined by the Community Development Director to be necessary to ensure compliance with the technical requirements of this chapter.
(Ord. 247, 1/15/2025)

§ 17.245.090 Development standards.

All wireless communication facilities shall comply with the following development standards (Refer to Table 17.245.110-1 for a summary of location, permit and development standards).
A. 
Area Disturbance. Disturbance to the natural landscape shall be minimized. Disturbed areas shall be remediated immediately after construction. Remediation techniques may vary depending on the site.
B. 
Fencing and Walls. All wireless communication facilities shall be enclosed with a decorative block wall, wrought iron fence, or other screening option at a maximum height of six feet as deemed appropriate by the Community Development Director.
C. 
Height Limitations. The height of any wireless communication facility may not exceed the following standards:
1. 
Concealed wireless communication facilities may not exceed the maximum building height in the applicable zone.
2. 
Disguised wireless communication facilities may not exceed 50 feet in residential zone classifications and may not exceed 70 feet in nonresidential zone classifications.
3. 
Co-located facilities that are not substantial changes to the existing wireless communication facility are not subject to any height limitation.
4. 
Co-located facilities that are substantial changes to the existing wireless communication facility may not exceed the maximum building height applicable to the type of tower on which the co-located facilities will be installed.
5. 
Other wireless communication facilities may not exceed the maximum building height in the applicable zone.
D. 
Impacts. All wireless communication facilities shall be sited so as to minimize adverse impacts to the surrounding community and biological resources.
1. 
Landscaping. All wireless communication facilities shall have landscaping around the perimeter of the leased area and shall match and/or augment the natural landscaping in the area. Wireless communication facilities construed to look like trees shall have other similar tree species planted adjacent to and/or around the facility to enhance the concealing effect. If landscaping is deemed necessary in native habitats, only native plant species shall be used in order to avoid introduction of exotic invasive species. All landscaping shall be irrigated unless a water source is unavailable within the parcel on which the facility is located. If a water source is not available, indigenous plants shall be used and manually watered until established.
2. 
Lighting. Outside lighting is prohibited unless required by federal or state law. Any security lighting shall meet the requirements of Chapter 8.64 of the Wildomar Municipal Code. Any lighting system installed shall also be shielded to the greatest extent possible so as to minimize the negative impact of such lighting on adjacent properties and so as not to create a nuisance for surrounding property owners or a wildlife attractant.
E. 
Noise. All noise produced by wireless communication facilities shall be minimized and in no case shall noise produced exceed 45 dBA inside the nearest dwelling and 60 dBA at the property line.
F. 
Parking. Temporary parking for service vehicles may be permitted on site. No off-site parking shall be allowed for any service vehicle. Paving for the parking shall be required, where appropriate, and may not be removed without proper mitigation. No vehicles may remain parked overnight, with the exception of technicians working at the site during the night. If a new wireless communication facility is placed on existing parking spaces required by the use currently on site, the parking spaces shall be replaced so that the current use has the necessary parking required by this Title. If such replacement of spaces is not feasible, a variance may be requested.
G. 
Paved Access. All wireless communication facilities located within residential developments containing lots 18,000 square feet or smaller shall be accessed via a paved road. All wireless communication facilities within residential developments containing lots larger than 18,000 square feet shall be accessed via an all-weather surface.
H. 
Power and Communication Lines. No above-ground power or communication lines shall be extended to the site, unless an applicant demonstrate that undergrounding such lines would result in substantial environmental impacts or a letter is received from the power company indicating it is unable to underground the wires. All underground utilities shall be installed in a manner to minimize disturbance of existing vegetation and wildlife habitats during construction. Removal of underground equipment upon the abandonment of a facility is not recommended unless leaving the equipment underground would pose a threat to health, safety or sensitive resources.
I. 
Roof-Mounted Facilities. Wireless communication facilities mounted on a roof shall be less than 10 feet above the roofline.
J. 
Sensitive Viewshed. Wireless communication facilities proposed on ridgelines and other sensitive view-sheds shall be concealed and sited so that the top of the facility is below the ridgeline as viewed from any direction.
K. 
Setbacks. Wireless communication facilities shall meet the following setback requirements:
1. 
Concealed wireless communication facilities shall meet the setback requirements of the zone classification in which they are located.
2. 
Disguised wireless communication facilities in and adjacent to nonresidential zone classifications shall be set back from habitable dwellings a distance equal to 125% of the facility height. Disguised wireless communication facilities in or adjacent to residential zone classifications shall be set back from habitable dwellings a distance equal to 200% of the facility height or shall be set back from residential property lines a distance equal to 100% of the facility height, whichever is greater.
3. 
Co-located wireless communication facilities that are a substantial change to the existing wireless communication facility shall meet the setback requirements applicable to the type of tower on which the co-located facilities will be installed.
4. 
Co-located facilities that are not a substantial change to the existing wireless communication facility are not subject to any setback requirements.
5. 
Other wireless communication facilities shall be set back from habitable dwellings a distance equal to 1,000 feet.
L. 
Support Facilities. Freestanding equipment enclosures shall be constructed to look like adjacent structures or facilities typically found in the area and shall adhere to the City's Design Standards and Guidelines where appropriate. Where there are no structures in the immediate vicinity, equipment closures shall blend with existing naturally occurring elements of the viewing background shall be screened from view by landscaping, fencing/walls or other methods. Equipment enclosures shall not exceed 13 feet in height.
M. 
Treatment. Wireless communication facilities shall be given a surface treatment similar to surrounding architecture. All finishes shall be dark in color with a matte finish and have a reflective rating of 38%.
Table 17.245-110-1 - Location, Permit Application and Development Standards Summary
Type of Facility
M-1
C-G
R-R, R-A, R-1, R-2, R-T
Concealed
Minor development permit
Minor development permit
Minor development permit
Height limitation of zone.
Setback requirements of zone.
Disguised
Minor development permit
Minor development permit
Minor development permit
Maximum height of 70'.
Maximum height of 50'.
Setback from habitable dwelling 125% of facility height (if adjacent to residential zone apply residential setback).
Setback from a habitable dwelling (200% of facility height or setback from a property line 100% of facility height, whichever is greater).
Co-located, Substantial Change
Revised permit
Revised permit
Revised permit
Height limitation applicable to tower type.
Setback requirements of tower type.
Co-located, Not Substantial Change
Substantial conformance
Substantial conformance
Substantial conformance
No height limit.
No setback
Other
Conditional Use Permit
Not allowed
Height limitation of zone.
Setback from a habitable dwelling - 1,000 feet.
(Ord. 247, 1/15/2025)

§ 17.245.100 Abandoned sites.

A. 
Any wireless communication facility that is not continuously operated for a period of 60 days shall be conclusively deemed abandoned.
B. 
The telecommunications service provider shall have 60 days after a notice of abandonment is mailed by the City to either make the facility operable, replace the facility with an operable facility, or remove the facility.
C. 
Within 90 days of the date the notice of abandonment is mailed, the City may remove the wireless communication facility at the underlying property owner's expense and shall place a lien on the property for the cost of such removal.
D. 
The owner of the property shall, within 120 days of the City's removal, return the site to its approximate natural condition. If the owner fails to do so, the City can restore and revegetate the site at the property owner's expense.
E. 
If there are two or more users of a single facility, the facility shall not be deemed abandoned until all users abandon it.
(Ord. 247, 1/15/2025)

§ 17.250.010 Purpose.

These standards are designed to provide appropriate development of recycling facilities pursuant to the 1986 California Beverage Container Recycling and Litter Reduction Act (Public Resources Code Section 14500 et seq.).
(Ord. 247, 1/15/2025)

§ 17.250.020 Development standards.

A. 
Reverse Vending Machines.
1. 
Location. Reverse vending machines shall be established in conjunction with supermarkets or other commercial or industrial uses which are subject to development review (minor or major) or conditional use permits, and shall be located within 30 feet of the entrance to the commercial or industrial structure, without obstructing pedestrian or vehicular traffic, or occupying parking spaces required by the primary use.
2. 
Parking. No additional parking spaces for access or use shall be required.
3. 
Size. Reverse vending machines shall occupy no more than 50 square feet of floor area per machine, and shall be no more than eight feet in height.
4. 
Design. Reverse vending machines shall be constructed and maintained with durable waterproof and rustproof material, and shall be clearly marked to identify material to be deposited, operating instructions, and the identity and the telephone number of the operator or responsible person to contact in the event of machine malfunction or if the machine is inoperative.
5. 
Signs. Signs shall have a maximum surface area of four square feet.
6. 
Maintenance. Units shall be maintained in a clean litter-free condition, and shall be sufficiently illuminated to ensure safe operations at all times.
7. 
Operating Hours. Such facilities shall have operating hours at least the same as the primary use.
B. 
Mobile Recycling Units.
1. 
Mobile recycling units shall be established in conjunction with supermarkets or other commercial or industrial uses which are subject to approved development review or conditional use permits.
2. 
Mobile recycling units shall be no larger than 500 square feet and occupy no more than five parking spaces not including space needed for material removal or transfer.
3. 
Such facilities shall accept only glass, metals, plastics, papers and such other nonhazardous materials suitable for recycling.
4. 
Parking. No additional parking spaces for customer use at facilities located in established parking lots of a primary use, shall be required. Mobile recycling units shall have an area which is clearly marked to prohibit other vehicular parking during times when the mobile unit is scheduled to be present.
5. 
Setbacks.
a. 
Units shall be set back at least 10 feet from any street line and shall not obstruct pedestrian or vehicular traffic.
b. 
The storage, operation and concealment of materials shall conform to the setback and development standards of the zone in which the project is located.
c. 
Containers for 24-hour material donation shall be at least 30 feet from any residentially zoned property unless superseded by an acoustic barrier approved by the Community Development Director.
6. 
Storage.
a. 
Storage containers shall be securable and constructed of waterproof and rustproof materials.
b. 
Storage of recyclable materials outside of containers or mobile unit when an attendant is not present is prohibited.
c. 
Containers shall be clearly marked to indicate the type of material acceptable for collection. The facility shall identify the operator and hours of operation.
7. 
Maintenance facilities shall be maintained in a safe and litter-free condition.
8. 
Hours of Operation. Attended facilities located within 100 feet of any residentially zoned property shall operate only between the hours of 9:00 a.m. and 7:00 p.m.
9. 
Signs.
a. 
All on-site signs shall comply with the provisions of Chapter 17.180 (Signs).
b. 
Directional signs may be installed, as approved, if necessary to facilitate traffic circulation.
c. 
A sign shall be affixed to the facility prohibiting the deposit of hazardous or toxic materials after hours or at any time an attendant is not present.
10. 
Noise. The facility shall not exceed noise levels of 60 dBA as measured at the exterior property line of residentially zoned property. In no event shall the noise level exceed 70 dBA.
11. 
Landscaping. Facilities shall be located so as not to affect the landscaping required for any concurrent land use.
12. 
Additional Development Requirements. Additional development standards may be required as conditions of approval.
C. 
Recycling Collection Facilities. Containers provided for after-hours donation shall be set back at least 50 feet from any property zoned or occupied for residential use, and shall be constructed of sturdy and durable containers that have the capacity to accommodate donated materials.
1. 
Storage of Materials.
a. 
All exterior storage of materials shall be in sturdy weather and rustproof containers which are covered, baled or palletized; and which are secured and maintained in good condition.
b. 
Storage for flammable materials shall be in nonflammable containers.
c. 
Storage for the recycling of oil shall be in containers approved by the Health Department.
2. 
Parking. Parking shall be provided for six vehicles or the anticipated peak customer demand load, whichever is greater. One additional parking space for each commercial vehicle operated by the facility shall be provided.
3. 
Noise. The facility shall not exceed noise levels of 60 dBA as measured at the exterior property line of residentially zoned property. In no event shall the noise level exceed 70 dBA.
4. 
Hours of Operation. If the facility is located within 500 feet of property zoned or designated for residential use subsequent to the General Plan, it shall not operate between the hours of 7:00 p.m. and 7:00 a.m.
5. 
Signs. All on-site signs shall be in conformance with the standards set forth in Chapter 17.180 (Signs), and shall clearly identify the responsible operating parties and their telephone numbers.
6. 
Power-Driven Machinery. The use of power-driven machinery shall be limited to state-approved reverse vending machines. In addition:
a. 
Machinery which is necessary for the temporary storage, efficient transfer, or securing of recyclable materials may be permitted with the approval of a minor development permit.
b. 
In the M-I zones power-driven machinery which is used to briquette, shred, transform and otherwise process recyclable materials may be approved with a conditional use permit.
7. 
Additional Development Requirements. Additional development standards may be required as conditions of approval.
D. 
Recycling Processing Facilities.
1. 
The processing facility shall operate totally within an enclosed building with no outside storage, and shall be located at least 150 feet from property zoned or designated for residential use pursuant to the General Plan. Outside storage shall not be permitted.
2. 
Setbacks, landscaping and structural requirements shall comply with the development standards of the underlying zone.
3. 
Storage of Materials.
a. 
All outside storage of materials shall be in sturdy weather and rustproof containers which are covered, baled, or palletized; and which are secured and maintained in good condition.
b. 
Storage for flammable materials shall be in nonflammable containers.
c. 
Storage for the recycling of oil shall be in containers approved by the Health Department.
d. 
Storage of recyclable materials outside of containers or mobile/recycling unit when attendant is not present is prohibited.
e. 
Containers shall be clearly marked to indicate the type of material accepted for collection.
4. 
Parking. Parking shall be provided on site for the peak load circulation and parking of customers. If the facility is to service the public, parking spaces shall be provided for a minimum of 10 customers, or the peak customer demand load whichever is greater.
5. 
Noise. The facility shall not exceed noise levels of 60 dBA as measured at the exterior property line of residentially zoned property. In no event shall the noise level exceed 70 dBA.
6. 
Hours of Operation. The facility shall identify the operator and the hours of operation. If the facility is located within 500 feet of property zoned or planned for residential use pursuant to the General Plan, it shall not operate between the hours of 7:00 p.m. and 7:00 a.m.
7. 
Signs. All on-site signs shall be in conformance with the standards set forth in Chapter 17.180 (Signs), and shall clearly identify the responsible operating parties and their telephone numbers.
8. 
The site shall be maintained in a safe and litter-free condition on a daily basis.
9. 
Additional Development Requirements. Additional development standards may be required as conditions of approval.
(Ord. 247, 1/15/2025)

§ 17.255.010 Purpose.

The City Council has enacted the following provisions to provide minimum development standards for mini-warehouses in the City. These standards are designed to provide for the appropriate development of mini-warehouses and to protect the health, safety and welfare of City residents using such facilities or who live or conduct business adjacent to such facilities.
(Ord. 247, 1/15/2025)

§ 17.255.020 Permitted uses.

Mini-warehouse/self-storage facilities shall only be permitted in the M-I industrial zone and subject to the approval of a conditional use permit. The facility use shall be designed and operated for the storage of goods in individual compartments or rooms, which are available for use by the general public on a rental or lease basis. In no case shall storage spaces be used for manufacturing, retail or wholesale selling, compounding, office functions, other business or service uses, or human habitation.
(Ord. 247, 1/15/2025)

§ 17.255.030 Development/Performance standards.

A. 
The size of individual storage spaces within a mini-warehouse facility shall have a maximum gross floor area of 500 square feet.
B. 
Lot Coverage. The maximum lot coverage shall be 65%.
C. 
Location. No mini-warehouse buildings shall be located in the front 25% of the lot (as measured from the front property line). The front 25% of the lot shall be reserved for business offices, caretakers' quarters and similar commercial type uses.
D. 
Screening. The area designated for mini-warehouse buildings (rear 75%) shall be separated from the front portion of the site by a six-foot high decorative masonry wall combined with an earthen berm or landscaping to provide an eight foot high screen wall.
E. 
RV and Boat Storage. All mini-warehouse projects shall designate an area equal to 10% of the rear portion of the site for the storage of RVs and boats. This storage area shall be screened from public streets with a decorative masonry wall (or green wall) six feet in height.
F. 
Perimeter Walls. Perimeter walls (e.g., side and rear property lines) shall be decorative block six to eight feet in height. The rear and sides of mini-warehouse buildings may be used in place of portions of the required perimeter wall where no individual storage units are accessible from the building sides. The exterior side of all perimeter decorative masonry walls and storage building sides (if used in place of portions of the walls), shall be coated with a protective coating that will facilitate the removal of graffiti. Building exteriors shall not be corrugated metal or similar surface but shall be of finished quality.
G. 
Surface Covering. All surfaces shall be color coated in coordinating colors as approved by the hearing body.
H. 
Roofing. Roofing materials shall be compatible with area development. To the extent feasible, roofs shall be designed to accommodate solar panels if proposed with a mini-warehouse development.
I. 
Lighting. Mini-warehouse facilities shall comply with the following lighting standards:
1. 
All lighting shall be indirect, hooded and positioned so as not to reflect onto adjoining property or public streets.
a. 
All mini-warehouse complexes shall comply with the City's light pollution ordinance provisions (Chapter 8.64)
b. 
Lighting fixtures may be installed in each individual storage space, provided that the fixtures shall not include or be adaptable to provide electrical service outlets.
J. 
Gates. All gates shall be decorative wrought iron, or other metal type. All gates shall be painted a color which blends in with the rest of the mini-warehouse development. All gates shall be subject to review and approval by the Fire Department to assure adequate emergency access.
K. 
Parking. Parking shall be provided in accordance with the requirements set forth in Chapter 17.155.
L. 
Landscaping. All street setbacks and setbacks between the mini-warehouse use and residentially zoned property shall be landscaped. This landscaping shall include shrubs, trees, vines or a combination thereof which act to soften the visual effect of the walls. This landscaping shall be in addition to and coordinated with the landscaping required for parking areas under Chapter 17.155.
M. 
Setbacks.
1. 
Front/Street Setback. The front/street setback shall be a minimum of 25 feet from ultimate street right-of-way line. The mini-warehouse structures must be located on the rear 75% of the site and maintain a minimum setback of 100 feet.
a. 
Side/Rear Setbacks. Where the side or rear setback areas adjoins a lot with a commercial or industrial zoning designation, there is no minimum setback. If the use is adjacent to a residential zoning designation, a minimum side/rear setback of 35 feet shall be required. Walls shall be located so as to provide a buffer between the residential zone and the mini-warehouse zone.
b. 
All open areas, including interior setbacks, may be used for driveways, parking, outdoor storage or landscaping.
N. 
Caretaker's Residence. One caretaker's residence (located within the front 25% of the lot) is permitted with the mini-warehouse facility. Where a caretaker's residence is proposed, a minimum of two parking spaces shall be provided for the caretaker's residence in addition to those required for the mini-warehouse land use outlined in Chapter 17.155.
O. 
Prohibited Materials. The following materials shall not be stored in mini-warehouses:
1. 
Flammable or explosive matter or material;
a. 
Matter or material which creates obnoxious dust, odor or fumes;
b. 
Truck or vehicular rental;
c. 
Hazardous or extremely hazardous waste, as defined by applicable provisions of the Hazardous Waste Control Law (Health and Safety Code Section 25100, et seq.).
P. 
Prohibited Facilities.
1. 
No water, sanitary facilities, or electricity, with the exception of lighting fixtures, shall be provided in individual storage spaces.
a. 
Prefabricated shipping containers shall not be used as mini-warehouse facilities.
b. 
No individual storage space shall be used for a residence or any business activity.
2. 
No mini-warehouse facility with or without outdoor storage is allowed on properties within 1,000 feet from any major or commercial corridors or freeway off-ramps as shown in Figure 2-3 and described in Table 2-2, specifically Focus Areas 3 through 8, of the Wildomar General Plan, Land Use Element (Chapter 2).
(Ord. 247, 1/15/2025; Ord. 253, 9/10/2025)

§ 17.260.010 Purpose.

The purpose of this section is to provide for the orderly development within the City of Wildomar of rural event venues and bed and breakfast lodging, as these terms are defined in Article VI (Definitions). Additionally, this chapter is intended to protect the rural character and ensure the rural event venue will not result in a change to the residential character of the surrounding community.
(Ord. 247, 1/15/2025)

§ 17.260.020 Rural event venue application.

No person shall rent, offer to rent, or advertise for rent a rural event venue without a valid conditional use permit by the City pursuant to Chapter 17.80 and in the manner provided for by this chapter.
(Ord. 247, 1/15/2025)

§ 17.260.030 Development and operational standards.

A. 
Minimum Lot Size.
Table 17.256.020-1 Rural Event Venue Lot Size Requirements
Event Center Type
Minimum Lot Size
Small rural event venue
5 acres
Intermediate rural event venue
10 acres
Large rural event venue
25 acres
Bed and breakfast lodging
40,000 sq. ft.
B. 
Setbacks. All rural event venues shall be required to have all outdoor activities associated with the agricultural event venue (with the exception of parking) a minimum of 200 feet from the exterior property lines or as specified by the conditional use permit. An application must delineate where all outdoor activities will occur.
C. 
Parking. Adequate on-site parking facilities, pedestrian and vehicular circulation, and vehicular ingress and egress, shall be provided in compliance with Chapter 17.155 (Parking and Loading). Additional standards include:
1. 
All on-site parking areas do not need to be paved; however, they must be stabilized in order to minimize any off-site dust impacts and for compliance with water quality control purposes;
2. 
Adequate parking must be provided based on maximum occupancy of the site. Occupancy will be determined based on the seating capacity of the venue.
3. 
If buses or limousines are proposed for off-site transport, adequate drop off and pick up locations must be provided on site.
4. 
Any parcel where a facility is proposed shall have access to a paved and maintained public street.
D. 
Signs. One externally illuminated monument sign shall be permitted and shall be located at access points to the parcel, subject to the following criteria:
1. 
Signs are allowed only for frontages adjoining a public street;
2. 
Monument signs shall not be located closer than five feet from a property line;
3. 
The maximum sign area shall be 20 square feet per side and not exceed four feet in height;
4. 
Monument signs shall contain an address plate identifying the project or use by specific street address. The address plate shall not exceed four square feet in area. Numbers shall be a minimum of six inches in height. Address plates shall not be calculated against the allowed sign area;
5. 
Illumination shall be down lit and shall not be allowed to spill over into, or provide glare, to adjacent properties or rights-of-way;
6. 
On-site directional signage shall be no larger than 12 square feet in area and its design shall be complimentary to the monument sign.
E. 
Ancillary Structures.
1. 
If an ancillary structure is provided as part of the project approval, ancillary structures shall be permanent construction, shall be fully enclosed, or enclosable on four sides, and shall have a roof. Ancillary structures shall be complimentary in terms of size, scale, and materials used on the primary structure on the site;
2. 
Ancillary structures shall be consistent with all development standards of the R-R zone, as shown in Table 17.30.030-1.
F. 
Venue Size.
1. 
Small rural event venues shall be allowed a maximum event size of 150 guests or as specified by the conditional use permit.
2. 
Intermediate rural event venues shall be allowed a maximum event size of 250 guests or as specified by the conditional use permit.
3. 
Large rural event venues shall be allowed a maximum event size of 500 guests or as specified by the conditional use permit.
4. 
Bed and breakfast lodging - maximum capacity shall be no more than the equivalent of three guests per bedroom, excluding bedrooms utilized by the property owner and other permanent residents.
G. 
Number of Events.
1. 
Small rural event venues shall be limited to 104 events per year.
2. 
Intermediate and large rural event venues shall be limited to 260 events per year.
H. 
Hours of Operation.
1. 
Rural event venues shall be allowed to operate from 10:00 a.m. to 10:00 p.m. on Friday and Saturday and from 10:00 a.m. to 8:00 p.m. Sunday through Thursday or as specified by the conditional use permit.
I. 
Noise. Noise levels generated from events shall be subject to the following criteria:
1. 
All noise generated by the event use shall conform to Chapter 9.48 (Noise Regulation), and shall be subject to the provisions contained therein;
2. 
Noise levels for events shall not exceed the City's noise standards, either during set up or as part of the event;
3. 
The applicant shall monitor and ensure that the noise levels shall not exceed City of Wildomar noise standards;
4. 
Any noise generating activities shall be terminated at 10:00 p.m.
J. 
Sanitary Facilities.
1. 
The community development director shall determine the appropriate quantity and location for any for sanitary facilities. All facilities shall be located on site, and shall comply with accessibility requirements and the requirements of the Riverside County Health Department.
2. 
Any potable sanitary facilities shall not be located any closer than 50 feet from an adjacent property with a residential use. Sanitary waste shall be removed from the site within 48 hours of any event, or determined through the minor conditional use permit.
K. 
Solid Waste Collection and Disposal. On-site waste collection shall be located onsite as to not create any off-site noise, odors or nuisances. Solid waste shall be removed from the site within 48 hours of any event.
L. 
Security. Provision for security and safety measures shall be provided, if applicable. Recent contact information shall be maintained on file with the City at all times.
M. 
Other Conditions. The director shall require any other conditions which will ensure the operation of the facility in an orderly and efficient manner and in full compliance with the purpose/intent of this section.
(Ord. 247, 1/15/2025)

§ 17.260.040 Inspections.

The owner shall permit the City to inspect the rural event venue and/or bed and breakfast and property at any time prior to issuance of a permit, or during the operation of the rural event venue and/or bed and breakfast for the purpose of making a reasonable inspection to observe and enforce compliance with all applicable laws, rules and regulations, including the provisions of this chapter and all applicable requirements of Title 17 of this Municipal Code. The owner may be required to reimburse the City for the cost of an inspection, not to exceed the actual cost of such inspection.
(Ord. 247, 1/15/2025)

§ 17.260.050 Public nuisance.

It shall be unlawful and a public nuisance for any person to commit, cause or maintain a violation of this chapter. The City may, in addition to, or in lieu of, prosecuting a criminal action hereunder, commence proceedings for the abatement, removal and/or enjoinment thereof in any manner provided by law.
(Ord. 247, 1/15/2025)

§ 17.260.060 Violations and penalties, enforcement.

A. 
It shall be unlawful for any person to fail to comply with any of the requirements of this chapter, or operate a rural event venue and/or bed and breakfast within the jurisdiction of the City contrary to or in violation of any of the provisions of this chapter, any applicable provisions of Title 17 of this Municipal Code, or any other applicable laws, rules and regulations.
B. 
Violations of this chapter may be enforced by any method allowed in this Municipal Code, or any other applicable enforcement mechanism available to the City.
(Ord. 247, 1/15/2025)

§ 17.260.070 Denial, suspension, and revocation of permits.

A. 
Denial, Suspension or Revocation. In addition to any other remedy provided by this chapter, a rural event venue permit may be denied, and if already issued, may be suspended or revoked by the City Manager, pursuant to this section.
B. 
Grounds. A permit issued under this chapter, and/or a City business registration issued by the City may be denied, suspended or revoked upon any of the following grounds:
1. 
A material misrepresentation, false or misleading information was included on the application or renewal application for a permit and/or City business registration application.
2. 
A violation of any provision under this chapter, any applicable provision under Title 17 of this Municipal Code, and/or any other applicable law, rule or regulation has occurred on the premises of the rural event venue.
3. 
An authorized official has given notification of existing health or safety violations on the property or non-compliance with applicable laws, rules and regulations relating to health and safety.
4. 
A rural event venue permit for the property has been suspended or revoked in the previous 12 months, unless the property has been sold and the new owner can demonstrate to the City a change of property ownership during that time period.
5. 
The applicant is delinquent in the payment of any outstanding fees, assessments or taxes owed to the City related to any property located in the City that is owned by the applicant, including, but not limited to, Transient Occupancy Taxes (TOT).
6. 
Appeal of Denial, Suspension or Revocation. The appeal procedures for the denial, suspension or revocation of a permit shall be those set forth in Section 17.125.110 (Appeals) of this Municipal Code.
7. 
Public Notice of Suspension or Revocation. If a rural event venue permit is suspended or revoked pursuant to this section, notification shall be provided by the City to all record property owners located within 300 feet of the subject rural event venue and/or bed and breakfast of any imposed suspension or revocation of the permit. Posting of the suspension or revocation shall also be provided on the City's rural event venue webpage.
8. 
Prohibited Operations. If a rural event venue permit is revoked pursuant to this section, the applicant shall not operate a rural event venue and/or bed and breakfast at the property for a period of 12 months from the date of such revocation. No permit that is revoked by the City may be transferred to any other person or entity to operate a rural event venue at the property during such period of revocation. Termination of property use as a rural event venue.
(Ord. 247, 1/15/2025)