Chapter 18.05
GENERAL PROVISIONS

Sections:

18.05.010    Title.

18.05.020    Purpose.

18.05.030    Authority.

18.05.040    Applicability.

18.05.050    Interpretation of title provisions.

18.05.060    Conflicting regulations.

18.05.070    Calimesa general plan.

18.05.080    Zone districts established.

18.05.090    Official zoning map.

18.05.100    Filing of official zoning map.

18.05.110    Revisions to and amendment of the official zoning map.

18.05.120    Interpretation of official zoning map.

18.05.130    City to be held harmless.

18.05.140    Statute of limitations.

18.05.010 Title.

The ordinance codified in this title shall be known as the zoning code of the city of Calimesa. [Ord. 342 § 3 (Exh. A), 2016; Ord. 95-7 § 2; Code 1990 § 12.1.01.]

18.05.020 Purpose.

The purpose of the zoning code is to serve the public health, safety, and welfare of the city by establishing zone districts within the boundaries of the city regulating land uses and imposing development standards. All established districts are designed to obtain the economic and social advantages resulting from the planned use of land, as referred to in the land use element of the general plan and this title. The enactment of this title shall guide the growth and development of the city in a proper and orderly manner for the maximum benefit of its citizens. [Ord. 342 § 3 (Exh. A), 2016; Ord. 95-7 § 2; Code 1990 § 12.1.02.]

18.05.030 Authority.

The authority for the regulations contained in this title is derived from the police power granted to municipalities by Section 7, Article XI, of the California Constitution and the provisions of the California Zoning Law (Division 1 of Title 7 of the California Government Code), which provide for the regulation of the intensity of land use and the adoption of standards for the development of property. [Ord. 342 § 3 (Exh. A), 2016; Ord. 95-7 § 2; Code 1990 § 12.1.03.]

18.05.040 Applicability.

Except as otherwise provided in subsection (D) of this section, all land, buildings, and structures within the incorporated portions of the city shall be used only as hereinafter provided. No use of land, and no use, construction, maintenance, operation, reconstruction, or enlargement of any building or structure, shall be allowed unless permitted under the express provisions of this title or by other applicable ordinance of the city.

A. Private Projects.

1. No land, building, or structure shall be used, constructed, altered, or maintained except in conformance with the provisions of this title.

2. No use that requires a permit or approval under the provisions of this title shall be established or operated until the permit or approval is finally granted, and all conditions of the permit or approval have been complied with.

3. No use that requires a permit or approval under the provisions of this title shall be established or operated in violation of, or contrary to, any terms and conditions of the granted permit or approval.

B. Public Projects. Unless otherwise exempted, federal, state, county, city, and other governmental projects shall be subject to the provisions of this title, including projects operated by any combination of these agencies, or by a private person for the benefit of any such governmental agency.

C. Public Nuisance. Any building or structure erected or maintained, or any use of property contrary to the provisions of this title is hereby declared to be unlawful and a public nuisance, and the city attorney or other proper official may immediately commence an action or actions, proceeding or proceedings for the abatement, removal, and enjoinment thereof, in the manner provided by law; and may take such other steps, and may apply to such court or courts as may have jurisdiction to grant such relief, as will abate or remove such building, structure, or use and restrain and enjoin any person from setting up, erecting, or maintaining such building or structure, or using any property contrary to the provisions of this title. It shall be the right and duty of every citizen to participate and assist city officials in the enforcement of the provisions of this title.

D. Small Wireless Facilities.

1. As used herein, “small wireless facilities” means the same as defined by 47 C.F.R. § 1.60002(l), as may be amended or superseded.

2. All small wireless facilities located or proposed to be located within the public right-of-way are exempt from the requirements of this title.

3. All small wireless facilities located or proposed to be located in the public right-of-way must comply with CMC 12.20.1111. All small wireless facilities are further subject to requirements of the “City Wide Policy Regarding Permitting Requirements and Development Standards for Small Wireless Facilities” adopted or amended by city council resolution, and all small wireless facilities must comply with that policy. [Ord. 365-U § 5, 2019; Ord. 353 § 6, 2017; Ord. 342 § 3 (Exh. A), 2016; Ord. 341 § 7, 2016; Ord. 341-U § 8, 2016; Ord. 95-7 § 2; Code 1990 § 12.1.04.]

18.05.050 Interpretation of title provisions.

When there is any question regarding the interpretation of the provisions of the zoning code, or its application to any specific case or situation, the planning commission shall have the authority to interpret the intent of the provisions of this title by written resolution, approved by a majority of its members. Thereafter, such interpretation shall be followed in applying the provisions of this title unless the commission’s interpretation is changed by the city council, on appeal.

Any appeal of the planning commission interpretation may be taken to the city council, if the appeal is filed within 14 days following the planning commission’s decision. Such appeal must be submitted in accordance with the procedures set forth in CMC 18.15.080, Hearings and appeals. A majority vote of the whole council shall be required to change an interpretation made by the planning commission. [Ord. 342 § 3 (Exh. A), 2016; Ord. 95-7 § 2; Code 1990 § 12.1.05.]

18.05.060 Conflicting regulations.

The provisions of this title are not intended to interfere with or void any easements or legally established covenants or other existing agreements which are more restrictive than the provisions of this title. Except where the express provisions of this title or the context hereof amend any existing ordinance, nothing in this title shall be deemed to repeal any other ordinances relating to the properties and areas affected hereby. [Ord. 342 § 3 (Exh. A), 2016; Ord. 95-7 § 2; Code 1990 § 12.1.06.]

18.05.070 Calimesa general plan.

The city shall adopt and maintain a general plan in accordance with the requirements of California Government Code Section 65350 et seq. and applicable general plan guidelines prepared by the California Governor’s Office of Planning and Research.

A. Consistency with the General Plan.

1. No use of land, buildings, or structures for which an application is required pursuant to this title is to be approved for processing under this title unless it is consistent with the general plan or a concurrent general plan amendment request. In any case where there is a conflict in regulations between this title and the general plan, the general plan shall prevail.

2. All land divisions within the city and changes or amendments to land use classifications, districts, or regulations, and conditional use permits, variances, development agreements, site plans, and other permits and approvals, shall be consistent with the Calimesa general plan and all applicable specific plans.

3. A proposed use or approval is consistent with the general plan when the following conditions exist:

a. The proposed use is allowed in the land use district in which the use is located, as shown by the land use map and as described in the text of the general plan;

b. The proposed use is in conformance with the goals, objectives, policies, programs, and guidelines of the elements of the general plan and the intent thereof; and

c. The proposed use is to be established and maintained in a manner which is consistent with the elements of the general plan and all applicable provisions contained therein.

B. Determinations of Consistency with the General Plan. The planning director shall have the responsibility to prepare reports and make determinations as to the conformity of applications and requests pursuant to this title.

C. Administration of the General Plan. The planning commission on recommendation from the planning director shall have the responsibility to:

1. Investigate and make recommendations to the city council regarding reasonable and practical means for implementing the general plan or any element thereof, so that it will serve as an effective guide for orderly growth and development, preservation, and conservation of open space and natural resources.

2. Provide periodic reports to the city council on the status of the general plan and progress in its implementation. [Ord. 342 § 3 (Exh. A), 2016; Ord. 95-7 § 2; Code 1990 § 12.1.07.]

18.05.080 Zone districts established.

To carry out the purpose and provisions of this title, the city of Calimesa is hereby divided into the following zone districts:

Symbol

Zone Name

Chapter

O-S-R

Open Space Residential

18.20

R-E

Residential Estate

18.20

R-R

Rural Residential

18.20

R-L

Residential Low

18.20

R-L-M

Residential Low/Medium

18.20

R-M

Residential Medium

18.20

R-H

Residential High

18.20

C-N

Neighborhood Commercial

18.25

C-C

Community Commercial

18.25

C-R

Regional Commercial

18.25

O-P

Office Professional

18.25

R-MU

Residential Mixed Use

18.28

C-MU

Commercial Mixed Use

18.28

O-MU

Office Mixed Use

18.28

L-I

Light Industrial

18.30

B-P

Business Park

18.30

O-S

Open Space

18.35

DVC

Downtown Village Commercial

18.39

DNC

Downtown Neighborhood Commercial

18.39

DVS

Downtown Visitor-Serving Commercial

18.39

CCO

Calimesa Creek Overlay

18.40

PRD

Planned Residential Development

18.40

P/Q

Public/Quasi-Public

18.40

[Ord. 342 § 3 (Exh. A), 2016; Ord. 95-7 § 2; Code 1990 § 12.1.08.]

18.05.090 Official zoning map.

The boundaries of the zones established in CMC 18.05.080 are set forth on the official zoning map of the city of Calimesa. This map and all the notations, references, and other information shown on it shall be considered as part of this title as if fully described and set forth herein. [Ord. 342 § 3 (Exh. A), 2016; Ord. 95-7 § 2; Code 1990 § 12.1.09.]

18.05.100 Filing of official zoning map.

A printed, signed copy of the official zoning map shall be kept on file with the city clerk and shall constitute the original record. A copy of said map shall also be kept with the planning department. [Ord. 342 § 3 (Exh. A), 2016; Ord. 95-7 § 2; Code 1990 § 12.1.10.]

18.05.110 Revisions to and amendment of the official zoning map.

All amendments and changes adopted to the official zoning provisions of this title are considered a part of these regulations and of the official zoning map at the time of the effective date of all changes and amendments. The city council may, from time to time, order revisions of the official zoning map so as to include all changes to date. No changes shall be made to said map that have not been officially adopted according to the provisions of this title. Said revised map shall become the official zoning map of the city of Calimesa and shall replace the preceding map.

All amendments and changes of the official zoning map shall be recorded on additional zoning maps at the end of each fiscal year. Individual amendments shall be recorded by the city clerk and with the planning department not later than 48 hours after such amendment becomes effective. [Ord. 342 § 3 (Exh. A), 2016; Ord. 95-7 § 2; Code 1990 § 12.1.11.]

18.05.120 Interpretation of official zoning map.

Where uncertainty exists as to the boundaries of any zone as shown on the zoning map, the following shall apply:

A. Street, Alley, or Lot Lines.

1. Where indicated zone boundaries are approximately coterminous with street, alley, or lot lines, said lines are determined to be the boundaries of the zone. Otherwise the boundaries shall be determined by the dimensions shown on the map created and maintained by the county assessor as contained in the parcel book. In the absence of dimensions, the boundary shall be determined by use of the scale shown on the map.

2. A street, alley, railroad or railway right-of-way, watercourse, channel, or body of water included on the zoning map shall, unless otherwise indicated, be included within the zone of adjoining property on either side thereof; and where such street, alley, railroad or railway right-of-way, watercourse, channel, or body of water serves as a boundary between two or more different zones, a line midway in such street, alley, railroad or railway right-of-way, watercourse, channel, or body of water, extending in the general direction of the long dimension thereof, shall be considered the boundary between zones.

B. Further Uncertainties. Where further uncertainties exist, the planning commission shall, by written decision, determine the location of the zone boundary or building setback line.

C. Vacations. In the event that a vacated street, alley, right-of-way, or easement was the boundary between two zones, the new zone boundaries shall be at the new property line. [Ord. 342 § 3 (Exh. A), 2016; Ord. 95-7 § 2; Code 1990 § 12.1.12.]

18.05.130 City to be held harmless.

Any person, organization, or entity who obtains or files an application to obtain a permit or approval pursuant to this title shall hold the city harmless from any liability, including any claims of the applicant arising out of the issuance of the permit or approval, or the denial thereof, or arising out of any action by any person seeking to have a granted permit or approval held void by a court of law. [Ord. 342 § 3 (Exh. A), 2016; Ord. 95-7 § 2; Code 1990 § 12.1.13.]

18.05.140 Statute of limitations.

A. Any court action or proceeding to attack, review, set aside, void, or annul any decision regarding the general plan or any matter mentioned in this title (other than a matter governed by Government Code Section 65907) or concerning any of the proceedings, acts, or determinations taken, done, or made prior to such decision, shall not be maintained by any person unless such action or proceeding is commenced within 30 days after the date on which such decision becomes final. Thereafter all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of such decision or of such proceedings, acts, or determinations.

B.  Any court action brought pursuant to Code of Civil Procedure Section 1094.5 to attack, review, set aside, void, or annul any decision denying an application for the permit shall not be maintained by any person unless such action is commenced within 90 days after the date on which such decision becomes final. This subsection has been adopted pursuant to Code of Civil Procedure Section 1094.6. [Ord. 342 § 3 (Exh. A), 2016; Ord. 95-7 § 2; Code 1990 § 12.1.14.]