May 12, 2014 - City of Calimesa

City of Calimesa
REGULAR MEETING OF THE
PLANNING COMMISSION
AGENDA
Monday, May 12, 2014
6:00 P.M.
Norton Younglove Multi-Purpose Senior Center
908 Park Avenue, Calimesa, CA 92320
CALL TO ORDER:
6:00 p.m.
ROLL CALL:
Chair Barron, Vice-Chair Brittingham, Commissioner Keith, and
Commissioner Rush
STAFF:
Mathew Evans, Community Development Director
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS
Anyone wishing to address the Commission on any item that is not on the agenda may do so
at this time. This is not a time for Commission comment or action, but the Commission may
ask questions for clarification or make a referral to staff for factual information to be reported
back to the Commission at a later meeting.
APPROVAL OF MINUTES:
Item 1.
Approve the Minutes of the April 14, 2014 Special Commission Meeting.
RECOMMENDATION: That the Planning Commission approve the action minutes
from the April 14, 2014 meeting.
PUBLIC HEARINGS:
Item 2:
General Plan Amendment (GPA) 14-01 and Environmental Assessment (EA)
14-01
RECOMMENDATION: That the Planning Commission continue both public hearing
items to the next regularly scheduled meeting.
Item 3:
DEVELOPMENT PLAN REVIEW 14-01 (DPR 14-01): Smartlink, LLC for Verizon
Wireless is requesting approval of a Development Plan Review (DPR 14-01) for the
construction of an unmanned telecommunications facility consisting of a 65’
monopine, 204 square-foot equipment shelter, and generator within a 20’ x 40’
walled compound. The proposed project is located at 936 Calimesa Boulevard
Commission Members
Mike Barron – Chairperson  Mike Brittingham – Vice-Chairperson
John Keith – Commissioner  Dan Rush - Commissioner
(APN 411-080-006). The project qualifies for a categorical exemption under Section
15315, pursuant to the State Guidelines for implementation of the California
Environmental Quality Act.
RECOMMENDATION: That the Planning Commission approve Resolution 2014-06.
Item 4:
ZONE TEXT AMENDMENT 14-02 (ZTA 14-02): The City of Calimesa is proposing
an amendment to Calimesa Municipal Code Chapter 18.105 Western Riverside
County Transportation Uniform Mitigation Fee Program §§ .030(G) Establishment of
the Transportation Uniform Mitigation Fee – Exemptions, City Wide Impact. The
project qualifies for a categorical exemption under Section 15061 (b) (3), pursuant to
the State Guidelines for implementation of the California Environmental Quality Act.
RECOMMENDATION: That the Planning Commission approve Resolution 2014-07.
DIRECTOR’S REPORTS
Item 5:
General Plan Update
COMMISSIONERS’ REPORTS AND COMMENTS:
This is the time for additional general comments, announcements, reports on meetings
attended, requests of staff, and other issues of concern to Commissioners which may be
presented briefly at this time. The Commission may not legally take action on any item
presented at this time other than to request staff to investigate a complaint or place an item on
a future agenda.
ADJOURNMENT:
Adjourn to the regular Planning Commission meeting of Monday, June 9, 2014, at 6:00 p.m. at
the Norton Younglove Multipurpose Senior Center, located at 908 Park Avenue.
Commission Members
Mike Barron – Chairperson  Mike Brittingham – Vice-Chairperson
John Keith – Commissioner  Dan Rush - Commissioner
City of Calimesa
Minutes of the Regular Meeting of the
Planning Commission
Monday, April 14, 2014
CALL TO ORDER:
The meeting was called to order at 6:00 p.m. by Chair Barron.
ROLL CALL:
Commissioners Present:
Chair Barron, Vice-Chair
Commissioner Rush
Brittingham,
Commissioner
Staff Present:
Mathew Evans, Community Development Director
Keith,
and
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT:
None.
APPROVAL OF MINUTES:
Item 1.
Approve the Minutes of the February 10, 2014 Regular Commission Meeting
ACTION: Vice-Chair Brittingham moved to approve the minutes as written, and the motion was
seconded by Commissioner Keith. Motion passed 4-0.
Item 2.
Approve the Minutes of the March 10, 2014 Regular Commission Meeting
ACTION: Vice-Chair Brittingham moved to approve the minutes, and the motion was seconded by
Commissioner Rush. Motion passed 4-0.
PUBLIC HEARING:
Item 3:
Conditional Use Permit 14-01 (CUP 14-01): Walgreens is requesting approval of a
conditional use permit (CUP 14-01) for a new Type 20 Liquor License for the purpose of
allowing for the sale of beer and wine for off-site consumption at the existing Walgreens
store. The proposed project is located at 1186 Calimesa Boulevard (APN 411-190-047).
The project qualifies for a categorical exemption under Section 15315, pursuant to the State
Guidelines for implementation of the California Environmental Quality Act.
ACTION: Community Development Director Evans presented the project and summarized the staff
report. Chair Barron opened the public hearing. Jennifer Chavez, representative of
Walgreens, explained Walgreen’s policies and procedures, as well as employee training,
regarding the sales of alcohol in their stores. Chair Barron closed the public hearing. ViceChair Brittingham moved to approve Resolution 2014-04 for Conditional Use Permit 14-01
with modification to the allowed building percentage, and the motion was seconded by Chair
Barron. Motion passed 4-0.
Item 4:
Conditional Use Permit 14-02 (CUP 14-02): Good Shepherd Ministries is requesting
approval of a conditional use permit (CUP 14-02) to allow a religious facility and ancillary
religious pre-school and event center with minor interior remodeling including a small
kitchen expansion. The proposed project is located at 9580 Calimesa Boulevard (APN 413260-056). The project qualifies for a categorical exemption under Section 15315, pursuant
to the State Guidelines for implementation of the California Environmental Quality Act.
ACTION: Community Development Director Evans presented the project and summarized the staff
report. Chair Barron opened the public hearing. Hearing or seeing none, he closed the
public hearing. Chair Barron moved to approve Resolution 2014-05 for Conditional Use
Permit 14-02 with the proposed corrections, and the motion was seconded by
Commissioner Keith. Motion passed 4-0.
DIRECTOR’S REPORTS:
Item 5:
General Plan Update
ACTION: The Planning Commission received and filed the report.
Item 6:
Code Amendment Update
ACTION: The Planning Commission received and filed the report.
Item 7:
Mesa Verde Specific Plan Amendment Workshop
ACTION: The Planning Commission received and filed the report.
COMMISSION MEMBERS REPORT AND COMMENTS:
Commissioner Keith -
No comment.
Commissioner Rush -
No comment.
Vice-Chair Brittingham -
No comment.
Chair Barron -
No comment.
ADJOURNMENT:
The Planning Commission meeting was adjourned at 6:38 p.m. to the Regular Meeting of May 12, 2014
at the Norton Younglove Multipurpose Senior Center, located at 908 Park Avenue.
Respectfully submitted,
Shannon Andrews
Management Analyst
City of Calimesa Planning Commission
Action Minutes of April 14, 2014
Page No. 2
STAFF REPORT
CITY OF CALIMESA
PLANNING COMMISSION MEETING
SUBJECT:
Development Plan Review (DPR 14-01) for the Caliline Cell Tower
APPLICANT:
Smartlink, LLC for Verizon Wireless
LOCATION:
936 Calimesa Boulevard (APN 411-080-006)
ZONING:
Downtown Village Commercial (DVC) Zone Designation
MEETING DATE:
May 12, 2014
PREPARED BY:
Mathew W. Evans, Community Development Director
__________________________________________________________________________
RECOMMENDATION:
That the Planning Commission adopt Resolution 2014-06 approving DPR 14-01 for the
Caliline Cell Tower for the purpose of allowing the construction of an unmanned telecommunications facility consisting of a 65-foot monopine, 204-square foot equipment shelter, and
generator within a 20’ x 40’ walled compound located at the existing “Skat-Trak” manufacturing facility located at 936 Calimesa Boulevard (APN 411-080-006) Downtown Village Center
(DVC) Zone Designation.
__________________________________________________________________________
BACKGROUND:
Skat-Track is an existing manufacturing facility with administrative offices, including leasable
office space, and is located primarily between Avenue K, County Line Road and is bordered
to the west by the I-10 Freeway. The primary access to Skat-Trak is from Avenue K with a
secondary access strip (driveway and landscaping) located between Bakers Restaurant and
the South Mesa Water District Pump house and well. The applicant has secured a lease
agreement with the owners of Skat-Trak for the purpose of locating the proposed 65-foot
monopine structure within their parking lot next to the County Line Road driveway access.
The proposal includes a 204-square foot equipment shelter, and auxiliary generator within a
20’ x 40’ walled area.
When the applicant first approached Staff with the concept of a monopine structure at this
location, Staff asked the applicant to consider a faux-water tank and “telebarn” concept much
like the existing Verizon cell tower located on the Bill and Jackie Davis property on Singleton
Road, visible from the I-10 Freeway. The applicant informed Staff that the leasable area
allowed by the Skat-Trak lease would not provide enough room for a faux-water tank
structure and barn equipment house. The applicant proposed additional mitigation for the
“stealthing” of the tower by proposing to add more branches to make the monopine appear
DPR 14-01 Caliline Cell Tower
Planning Commission Meeting of May 12, 2014
Page 2
fuller. Staff visited the site and noted the lack of any pine-trees in the area and instead asked
the applicant to consider matching the predominates tree in the area, which happens to be a
Eucalyptus. The applicant then met with Staff to show what a “mono-euc” concept tree.
Because the Eucalyptus tree is much more sparse than pine tree, it was agreed upon by the
applicant and Staff that the original monopine concept would likely work best at this location.
__________________________________________________________________________
DISCUSSION:
The property is zoned Downtown Village Commercial (DVC) Zone District. Table 18.39.080
(Downtown Business District Permitted Uses) requires a Development Plan Review (DPR)
for Telecommunications facilities under the “Public/Quasi Public Uses” section of the code.
Development standards for Telecommunications facilities within the DVC are subject to Table
18.39.090(1) “Downtown Business District – Development Standards,” which refers to the
Development Standards found within Commercial Zoning Districts. Section 18.25.060
(Antennas, Vertical and Satellite Dish Design Standards - All antennas, including portable
units, shall be installed in the following manner) lists the following design standards for
Telecommunications Facilities:
18.25.060 Design standards.
A. Antennas, Vertical and Satellite Dish Design Standards. All antennas, including portable
units, but exempting residential satellite dish installations which are 10.5 feet or less in
diameter, 12 feet or less in height, located in the rear yard, and are ground-mounted;
and exempting residential single-pole or tower roof or ground-mounted television, or
amateur radio antennas where the boom or any active element of the antenna array is
30 feet or less and the height does not exceed 75 feet, shall be installed in the following
manner:
1. The subject location shall conform to all standards of the land use district in which it is
proposed.
2. The antennas/satellite dish shall not be located in the following areas:
a. Front setback;
b. Street side setback;
c. On any structure, unless architecturally screened and approved by the planning
commission. The screening restriction on antennas may be modified by the commission, if there is no alternative to maintain line of sight clearance for satellites or amateur radio antennas.
3. The maximum overall height for ground- mounted antennas shall be 75 feet above
grade.
4. The operation of the antennas shall not cause interference with any electrical equipment in the surrounding neighborhoods (e.g., television, radio, telephone, computer,
etc.), unless exempted by federal regulation.
5. The antennas/satellite dish shall be a single, nonglossy color (e.g., off-white, cream,
beige, green, black, gray).
DPR 14-01 Caliline Cell Tower
Planning Commission Meeting of May 12, 2014
Page 3
6. Antennas/satellite dish facilities (not including an antenna/satellite dish for the exclusive use of a residence) shall be screened on all sides with a six-foot block wall, and
with a solid gate six feet in height providing access to the facility.
7. The antenna/satellite dish shall be sited to assure compatibility with surrounding development and not adversely impact the neighborhood.
Aesthetics and Stealthing Methods
The tower will be installed to resemble the look of a pine tree. Based on the photo simulations, at a distance the tree will look authentic. However, upon closer examination if near the
Skat-Trak parking lot, the pole is obviously a telecommunications tower with “faux” branches
mounted to it. The proposed monopine will somewhat resemble three others within the City,
including a monopine located at the Oak Valley Church on Calimesa Boulevard near
Singleton Road, the City Hall monopine, and the monopine located towards the end of
County Line Road, near the Heritage Oaks proposed development.
The walled compound will be screened by a wrought-iron fence and additional landscaping in
front of the fence to obscure it from public view. The equipment compound will not be visible
from County Line Road as it is screened from view by the trees and shrubs located in the
nearby Calimesa Creek, which runs between the Skat-Trak property and the South Mesa
Water District pump house and well property.
Staff has examined the site and has determined that the tree will not be readily visible from
the I-10 Freeway going in either direction (east or Wwst). The tree will be visible from County
Line Road at the driveway entrance to Skat-Trak and from the Bakers Restaurant parking lot.
Existing Site Conditions
The proposed site is currently a part of one of a few parking lots at the Skat-Trak facility. The
site is surrounded on two sides by an existing landscape strip and is shield on the south by a
trash enclosure block wall. The proposed structure and enclosure will eliminate three
existing parking spaces. However, the proposed monopine is located in an under-utilized
portion of the property where few cars are parked. The majority of Skat-Trak employees
Park within a parking lot located off of Avenue K, and the administrative office parking is
located to the rear of the Bakers Restaurant near I-10. The site is located near the north
driveway entrance to Skat-Trak next to the Calimesa Creek stream line. The walled compound is not visible from County Line Road due to the overgrowth from the Street. Staff has
requested additional landscaping to buffer the compound due to the fact that if the creek is
ever piped, there would still be a landscaped area to shield it from public view.
The surrounding properties are all within the DVC District, and surrounding uses include
industrial, retail commercial and public facilities. There are no immediate residential areas
close to the site.
Access
DPR 14-01 Caliline Cell Tower
Planning Commission Meeting of May 12, 2014
Page 4
Access to the monopine and the equipment is achieved by use of the Skat-Trak driveway
and parking area. There is ample room around the site to accommodate large construction
and maintenance vehicles.
Compliance with Existing Codes
The proposed telecommunications tower and equipment enclosure, as proposed, are in
compliance with Section 18.25.060 (Design Standards – Telecommunications Facilities). No
deviations from the City’s standards are proposed.
Noise and Light
The ground mounted equipment does not emit noise at any discernible level unless directly
at the site. There are no nearby residential areas or structures near the site. It is not
anticipated that noise from the equipment cabinets would generate enough noise to be heard
by the adjacent property, especially considering that the equipment will be surrounded by a
concrete block wall. There are no lights that will be visible on the monopine, and no lighting
will be necessary within the equipment compound.
Safety Issues
There are no potential safety issues associated with the project. Industry standards will
dictate safety issues to secure the pole and to protect associated equipment.
__________________________________________________________________________
ENVIRONMENTAL ANALYSIS:
This project is "Categorically Exempt" under Section 15315 of the Guidelines for the California Environmental Quality Act. It conforms to the General Plan and zoning standards with no
variances or exemptions, and it has not been part of a previous subdivision in the past two
years.
__________________________________________________________________________
FISCAL IMPACT:
None.
__________________________________________________________________________
ATTACHMENTS:
A:
B:
Resolution 2014-06
Site Plans, Elevations, and Photo Simulations
RESOLUTION NO. 2014-06
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CALIMESA APPROVING DEVELOPMENT PLAN REVIEW 14-01 FOR
CALILINE CELLTOWER FOR THE PURPOSE OF CONSTRUCTING A
NEW TELECOMMUNICATIONS TOWER (MONOPINE) AND RELATED
EQUIPMENT LOCATED AT 936 CALIMESA BOULEVARD, IN THE
DOWNTOWN VILLAGE COMMERCIAL DISTRICT (DVC) ZONE
DESIGNATION (APN 411-080-006)
The Planning Commission of the City of Calimesa hereby finds and determines that:
WHEREAS, Smartlink, LLC for Verizon Wireless (Applicant) has submitted an application to
the City of Calimesa for the installation of a new 65 foot tall telecommunications tower (monopine) and
related equipment on City-owned property at 936 County Line Road, Calimesa (Project); and,
WHEREAS, the proposed telecommunications tower will be “stealthed” by camouflaging the
tower (pole) as a pine tree (monopine), and the equipment area is to be screened by a wrought-iron
fence with landscaping; and,
WHEREAS, the project is “categorically exempt” under Section 15315 of the Guidelines for the
California Environmental Quality Act (CEQA); and,
WHEREAS, the proposed tower and equipment will be located on land that is being leased to
the applicant by the Skat-Trak manufacturing company, and will be located in a portion of an un-used
parking lot near the north entrance driveway near the Calimesa Creek; and,
WHEREAS, Telecommunication Towers (Cell Towers) are allowed within all Downtown
Business District Zones with approval of a Development Plan Review; and,
WHEREAS, Staff and the applicant both concluded that the monopine is the best method of
stealthing at this location; and
WHEREAS, on May 12, 2014, the Planning Commission held a duly noticed public hearing to
consider the application for the Project and following the receipt of all testimony, closed the public
hearing.
NOW, THEREFORE, the Planning Commission of the City of Calimesa does hereby find,
determine and resolve as follows:
Section 1.
The Planning Commission finds that the recitals contained in this Resolution and
the information contained in the attached exhibits are true and correct.
Section 2.
(a)
The Commission, in approving Development Plan Review 14-01, finds as follows:
The proposed use is permitted within the subject land use district with the issuance of a
DPR and complies with all of the applicable provisions of this Development Code;
FACTS: The project site allows Telecommunications Sites and would be consistent with
the objectives, policies, land uses and programs specified in the Calimesa General Plan.
(b)
The proposed use would not impair the integrity and character of the land use district in
which it is to be located;
Planning Commission Resolution 2014-06
May 12, 2014
Page 2
FACTS: The applicant is proposing to camouflage or “stealth” the facility by making it
appear as a pine tree rather than just a large pole with an antenna atop of it, thus
lessening the visual impact of the facility, as well as providing a screen wall around the
equipment to match the texture and color of the main buildings on the site.
(c)
The subject site is physically suitable for the type and intensity of land use being
proposed;
FACTS: The applicant has reviewed the proposed site, as well as other potential sites,
and has determined that the proposed site is best suited for the telecommunications
tower and equipment in that it does not interfere with the need for additional parking at
the site due to the fact that there is ample parking currently available at other locations
on the same property.
(d)
The proposed use is compatible with the land uses presently on the subject property;
FACTS: The proposed monopine is similar in size to other trees located on the property,
and there are other stealth-telecommunications facilities within the Downtown
Commercial District.
(e)
The proposed use would be compatible with existing and future land uses within the
general area in which the proposed use is to be located;
FACTS: The new tower is to be located within the City’s Downtown Commercial District,
where it is anticipated that there will eventually be tall buildings and other structures.
There are also other telecommunication towers located nearby, both within the City of
Calimesa and within the City of Yucaipa (opposite side of County Line Road);
(f)
The proposed use is compatible in scale, mass, coverage, density and intensity with all
adjacent land uses;
FACTS: The proposed 65 foot-high tower (i.e. a cell tower constructed to resemble a
pine tree or “monopine”) is located near other large trees that will resemble the tower,
and there are other stealth towers within the same Zoning District boundary. The 65 foot
poll is smaller than allowed by code, and because the equipment will be stored on and
within the tower, there will be limited visibility of the antenna or related appurtenances.
(g)
There are adequate provisions for water, sanitation and public utilities and services to
ensure that the proposed use would not be detrimental to public health and safety;
FACTS: The cell tower is adequately served by the appropriate public utilities. The
proposed facility will only require electricity, which is readily available to the site. No
other utilities are necessary.
(h)
There will be adequate provisions for public access to serve the subject proposal;
FACTS: There is sufficient access to the site from nearby roads.
(i)
The proposed use is consistent with the General Plan;
Planning Commission Resolution 2014-06
May 12, 2014
Page 3
FACTS: The project site allows Telecommunications Sites as a conditional use, and
would be consistent with the objectives, policies, land uses and programs specified in
the Calimesa General Plan.
(j)
There will not be significant adverse effects upon environmental quality and natural
resources;
FACTS: There are no environmental resources which will be impacted as the cell tower
is located on land used for Public Use, and the secondary use as a Telecommunications
tower is considered “categorically exempt” under Section 15315 of the Guidelines for the
California Environmental Quality Act (CEQA).
(k)
The negative impacts of the proposed use are mitigated;
FACTS: The new facility will be “stealthed” as a tree, and the equipment area screened
by a wall that matches the texture and color of existing walls on the site. The monopine
will have the appearance of a tree (at a distance), and will blend in with other pine trees
that can be found on the same property.
(l)
The proposed location, size, design and operating characteristics of the proposed use
would not be detrimental to the public interests, health, safety, convenience or welfare of
the City.
FACTS: The design of the site is safe, functional, and environmentally sensitive to the
surrounding properties and any grading, which will be minor, minimizes any potential
environmental damage to the greatest extent possible. Consideration has been given,
but not limited to, the following: Orientation and location of the tower and building;
existing vehicle access; tower height; and the design of the tower and building.
Section 3.
Based on the findings contained in Section 1 and 2 of this Resolution, the
Planning Commission hereby approves Development Plan Review 14-01, a proposal to install a new
65-foot tall telecommunications tower (monopine) and related equipment on City-owned property at 936
County Line Road, Calimesa.
APPROVED AND ADOPTED, this 12th day of May, 2012.
Mike Barron - Chairman
ATTEST:
I, Mathew Evans, the undersigned, hereby certify that I am the Planning Commission Secretary of the
Planning Commission of the City of Calimesa, California; that Resolution 2014-06 was duly passed and
adopted at a meeting of the Calimesa Planning Commission, held on the 12th day of June, 2014.
Mathew Evans, Secretary to the Planning Commission
EXHIBIT A
DEVELOPMENT PLAN REVIEW 14-01
PLANNING COMMISSION RESOLUTION 2014-06
CONDITIONS OF APPROVAL
(Key: PLNG = Planning, ENG = Engineering)
GENERAL
1.1
This conditionally approved Development Plan Review shall expire twenty-four months from the
date of approval, unless extended as provided for in Section 18.90.110 of the Calimesa
Municipal Code.
1.2
Details shown on the plans are not necessarily approved. All details must be consistent with
City ordinances, other applicable regulations, or these conditions of approval. Notwithstanding
this requirement, the proposed project shall substantially conform to the approved plans on file
with the Community Development Department, except as herein modified, or as modified by the
Director of Community Development in accordance with this Exhibit. The Director of Community
Development and City Engineer may approve minor modifications to plans during plan check if
such modifications are consistent with the provisions of the Calimesa Municipal Code, and other
applicable regulations.
1.3
Approval of DPR 14-01 is contingent upon the property owner and applicant signing and returning
to the Community Development Department the "Agreement to Conditions Imposed" form at the
end of this exhibit.
1.4
As a condition of approval of DPR 14-01, the developer agrees to indemnify, protect, defend, and
hold harmless the City, and agency or instrumentality thereof, and its elected and appointed
officials, officers, employees and agents, from and against any and all liabilities, claims, actions,
causes or action, proceeding, suits, damages, judgments, liens, levies, costs and expenses of
whatever nature, including reasonable attorney's fees and disbursements (collectively, "Claims")
arising out of or in any way relating to the issuance of the entitlement, any actions taken by the
City related to this entitlement and related actions.
1.5
The project construction shall be in substantial conformance to the Site Plan and the Conditions
of Approval.
1.6
All communication facilities to be installed as part of this Development shall not bear any signs
or advertising devices other than certification, warning, or other required signage (PLNG).
1.7
A sign that provides the telephone number for Verizon or its representatives in the case of an
emergency shall be permanently affixed to the gate leading to equipment compound. This sign
shall be maintained legible at all times (PLNG).
1.8
The antenna panels shall not protrude past any tree branch and shall be affixed in such a
manner that they are not covered by a faux branch or limb of the monopine (PLNG).
1.9
Antenna panels and equipment affixed to the monopine shall be painted to best match the tree
and the area where the equipment is placed. Painted panels shall not be made to be reflective
and shall also conform to all of the standards as outlined in Section 18.25.060 of the Calimesa
Municipal Code (PLNG).
1.10
The developer shall perform maintenance on the communication facility in perpetuity to the
satisfaction of the Community Development Department. Such maintenance shall include, but
is not limited to: replacement or painting elements of the monopine to ensure that the tower and
Exhibit A
Resolution 2014-06 for DPR 14-01
Page 2
other equipment are continuously and adequately concealed to ensure the “stealth” appearance
of the facility, replacement of faux branches and tree limbs, removal of debris and other
materials which may become entangled within the “faux-tree”, and maintenance of the
screening materials for the equipment at the base of the facility are treated the same, and kept
in clean appearance, free from graffiti, wrought-iron painted, and the colors of the walls, as
approved, are kept consistent with approved plans (PLNG).
1.11
Should facility fail to be maintained and/or fail to properly camouflage the equipment, the City
may initiate revocation proceedings after giving proper notice to the applicant in accordance
with the City of Calimesa Municipal Code (PLNG).
1.12
All visible equipment and supports shall be painted in a dark, non-reflective paint color suitable
for the elements. Fencing should also match.
1.13
There shall be provisions in the lease agreement for Verizon Wireless to obtain an access
easement and utility easement from the property owner(s).
1.14
The lease agreement shall also contain provision for maintenance responsibilities of the
communications site and access areas.
Owner/developer shall obtain any necessary
easements from the underlying fee owner prior to issuance of permits.
1.15
Grading and drainage information within 50 feet of the proposed antenna and equipment shelter
area shall be submitted to the City’s Public Works Department for review and approval prior to
issuance of building permits.
1.16
The proposed leased area, including the equipment shelter and the foundation of the antenna,
shall not have any conflicts with existing underground utilities or existing on-site easements.
1.17
Any asphalt paving and/or curb and gutter damaged during the construction of this project shall
be replaced to the satisfaction of the Public Works Director.
1.18
This project is less than 1 acre and has the potential to generate stormwater pollution; therefore,
it is subject to the submittal of a Water Quality Management Plan (WQMP) for the review and
approval by the City of Calimesa, Public Works Department. The WQMP shall include a
description and map of the project along with an outline of structural and non-structural best
management practices. The subject WQMP shall be approved prior to the issuance of grading
or building permit.
1.19
An erosion control plan shall be required as directed by the Public Works Director.
1.20
Dust control operations shall be performed by the contractor at the time, location, and in the
amount required as often as necessary to prevent construction activities from producing dust in
amounts harmful to the people or causing a nuisance to persons living nearby or occupying
building in the vicinity of the work. The contractor is responsible for compliance with fugitive dust
regulations issued by the South Coast Air Quality Management District.
RIVERSIDE COUNTY FIRE DEPARTMENT
2.1
Extinguishers (Light Hazard) – Install a portable fire extinguisher, with a minimum rating of
2A-10BC, for every 3,000 square feet and/or 75 feet of travel distance. Fire extinguishers shall
be mounted no higher than 5 feet above finished floor, as measured to the top of the
extinguisher. Where not readily visible, signs shall be posted above all extinguishers to indicate
Exhibit A
Resolution 2014-06 for DPR 14-01
Page 3
their locations. Extinguishers must have current CSFM service tags affixed; or current date must
be within one year from the date of month and year of manufacture. (NOTE: If only a year of
manufacture is indicated, maintenance shall be due January 1 of the year following)
2.2
Knox Rapid Entry Box – A Knox Box shall be installed on the outside of the wall. Key(s) shall
have durable and legible tags affixed for identification of the address. Special forms are
available from this office for ordering the Knox Box.
2.3
Display Address – Display street numbers in a prominent location on the address side of the
wall. Numbers and letters shall be a minimum of 12 inches in height. All addressing must be
legible, of a contrasting color with the background and adequately illuminated to be visible from
the street at all hours. All lettering shall be to Architectural Standards.
2.4
Placard – Need 704 placard on the outside of the wall, visible from the street.
2.5
Final Inspection – Prior to final fire approval you must be cleared by the Fire Department.
Business is not allowed to be conducted in the building prior to final approval. Call our office to
request a Fire Department inspection when you have approved plans and have installed items
as required.
2.6
The applicant shall be responsible to contact the Fire Department to schedule inspections.
Requests for inspections are to be made at least 72 hours in advance. Please call (951) 9555282 to make arrangement for all inspections.
2.7
Nothing in our review shall be construed as encompassing structural integrity. Review of this
plan does not authorize or approve any omission or deviation from all applicable regulations.
Final approval is subject to field inspection. All questions regarding the meaning of the code
requirements should be referred to Fire Department at (760) 863-8886.
FEES
3.1
Prior to the issuance of building permits, the applicant shall pay all applicable fees in
accordance with applicable regulations in effect at the time of permit issuance.
3.2
The applicant shall be responsible for paying all applicable development and processing (plan
check, inspection, etc.) fees associated with this project.
ENGINEERING
4.1
Provide copies of referenced recorded Parcel/Tract Map.
4.2
Show all street names, centerlines and right-of-way widths, property line dimensions, etc.
4.3
Show all existing utilities within the construction area, including drainage facilities, sewer and
water lines and laterals, gas, telephone, cable, electric, and overhead lines.
4.4
Show existing drainage contours and topography out to not less than 25 feet beyond the project
area. Show the proposed drainage pattern directing water away from and around the new
structures, including type of drainage systems (swales, gutters, pipes, inlets, etc.)
4.5
Show entire SCE easement down to Avenue K.
Exhibit A
Resolution 2014-06 for DPR 14-01
Page 4
4.6
Fix any errors on the legal description (to be corrected by a licensed surveyor).
LANDSCAPE ARCHITECT
5.1
The plantings within the planting area shall include approved evergreen vines and shrubs that
screen the enclosure wall to a minimum height of 8 feet.
5.2
A minimum of three 48-inch box Mondell pine (Pinus eldarica) must be installed within
reasonable distance of the monopine in existing or newly created curbed planting areas to
mitigate the view of the monopine and incorporate it into the existing project.
5.3
Existing conditions showing trees and shrubs labeled by species and trunk caliper measured 4.5
feet above the soil grade that are within 50 feet of the lease area.
5.4
Show and identify exact locations of utilities including water meter, electrical point of connection,
etc.
5.5
The irrigation system shall be point-to-point drip irrigation, including an automatic smart
controller. Indicate the percent of total site used for landscaping and the square footage of
landscaping.
5.6
Outline the areas of landscape maintenance responsibilities. Provide written landscape
maintenance agreements with private property owners.
5.7
Indicate that the landscape plans shall comply with all applicable codes of the Calimesa
Municipal Code – Title 18.80 Tree Preservation and Title 18.75 Water Conservation for
Landscaping and other codes as required. Incorporate point-to-point drip irrigation, a smart
irrigation controller, and California native plant materials with low-water requirements
(hydrozoned).
5.8
The plans shall conform to the City landscape policies and requirements set forth in the
Calimesa Municipal Code.
5.9
Plans shall be prepared by a landscape architect registered in the state of California.
5.10
Plan size should conform to site plan size 24" x 36" or equal.
5.11
Special areas may require enlargements as requested by the City.
5.12
After the staff has approved the project, the applicant may be required to provide the City with
the approved plan in a reproducible or colored format (if specified by the City).
5.13
Identify and indicate general location of proposed plantings on plans that include:


Proposed planting types using California native plants and hydrozoned materials.
A plant palette list indicating:
i. Tree types, sizes, and quantities (a minimum of three 48-inch box Mondell pine
are required).
ii. Shrub and vine types, sizes, quantities, and spacing (shrubs shall be installed
from 15-gallon containers at no farther than 5 feet on center, except at access
gates, and vines shall be installed from 5-gallon containers at no farther than 8
feet on center).
Exhibit A
Resolution 2014-06 for DPR 14-01
Page 5


iii. Ground cover types, sizes, quantities, and spacing (ground covers shall be
installed from a combination of 1- and 5- gallon containers at no farther than 4
feet on center.)
iv. Low water-use plants, which are appropriate for Calimesa and the existing plant
palette as approved by the City Landscape Architect, shall be used.
California native plants shall only be used.
Identify all existing woody plant material within 50 feet of the lease site by species that is
slated to be removed or retained.
BUILDING AND SAFETY DEPARTMENT
6.1
Prior to the issuance of a building permit, the applicant shall obtain Planning Department
clearance, Engineering Department clearance, and Fire Department clearance. The clearances
shall be a stamp on the approved plans, a separate letter from the department, or a copy of the
department’s approved plans.
6.2
Prior to the issuance of a building permit, the applicant shall pay all development improvement
fees to the City; this also includes school fees and outside agency fees such as sewer, water,
and utilities. Copies of receipts shall be provided to Building & Safety prior to permit issuance.
6.3
All on-site utilities shall be underground for the new proposed structure unless prior approval
has been obtained by the utility company or the City.
6.4
Prior to issuance of building permits, on-site water service shall be installed and approved by
the responsible agency. On-site fire hydrants shall be approved by the Fire Department. No
flammable materials will be allowed on the site until the fire suppression equipment or hydrants
are established and approved.
6.5
Prior to issuance of building permits, site grading certification and pad certifications shall be
submitted to Building & Safety. Prior to concrete placement, submit a certification for the finish
floor elevation and setbacks of the structures. The certification needs to reflect that the structure
is in conformance with the Precise Grading Plans. Compaction reports shall accompany pad
certifications. The certifications are required to be signed by the engineer of record.
6.6
The fuel tank for the on-site generator shall have the approval of the Fire Department prior to
issuance of the building permit.
6.7
Provide two (2) sets of construction plans and documentation for plan review of the proposed
project. Below is a list of the plans and documents Building & Safety will need for plan review.
The initial plan review will take approximately two weeks on most projects.
6.8
Provide the following sets of plans and documents:






Two (2) architectural plans
Two (2) structural plans for monopole, equipment building and block wall
Two (2) structural calculations to support monopole
Two (2) plot/site plan
Two (2) electrical plans
Two (2) precise grading plans approved by City Engineer, if applicable
Exhibit A
Resolution 2014-06 for DPR 14-01
Page 6
6.9
Structures shall be designed in accordance with the 2013 California Building Code, 2013
California Mechanical Code, and the 2013 California Electrical Code, adopted by the City of
Calimesa and the state of California.
6.10
Temporary toilet facilities shall be provided for construction workers. The toilet facilities shall be
maintained in a sanitary condition. Construction toilet facilities of the non-sewer type shall
conform to ANSI ZA.3.
6.11
Construction projects which require temporary electrical power shall obtain an Electrical Permit
from Building & Safety. No temporary electrical power will be granted to a project unless one of
the following items is in place and approved by Building & Safety and the Planning Department:


Installation of a construction trailer.
Security fenced area where the electrical power will be located.
6.12
Installation of construction/sales trailers must be located on private property. No trailers can be
located in the public street right of way.
6.13
Pursuant to the California Business and Professions Code Section 6737, most projects are
required to be designed by a California-licensed architect or engineer. The project owner or
developer should review the section of the California codes and comply with the regulation. The
proposed antenna project will require a design and stamp from a licensed engineer.
6.14
Construction work generating construction waste shall comply with the provisions of the City of
Calimesa Municipal Code, Chapter 15.60, Recycling & Diversion of Construction & Demolition.
6.15
Construction work involving grading shall comply with the provisions of Riverside County
Ordinance 457 as adopted by the City of Calimesa Municipal Code Section 18.70 for erosion
control.
6.16
The developer/owner is responsible for the coordination of the final occupancy. The
developer/owner shall obtain clearances from each department and division prior to requesting
a final building inspection from Building & Safety. Each agency shall sign the Building & Safety
Job Card.
6.17
Building & Safety inspection requests can be made 24 hours in advance for the next day
inspection. Please contact (909) 795-9801, ext. 226. You may also request inspections at the
Building & Safety public counter during office hours.
Acknowledgement and Agreement to Conditions of Approval
As the Property Owner and Applicant(s) I (we) do hereby acknowledge that these Conditions of
Approval have been read, fully understood and are hereby accepted.
______________________________
Applicant Signature
______________________________
Date
______________________________
Property Owner
______________________________
Date
Existing
Location
©2014 Google Maps
Proposed
Looking west from Calimesa Boulevard
936 Calimesa Boulevard Calimesa CA 92320
Caliline
Accuracy of photo simulation based upon information provided by project applicant.
proposed parking bollards
proposed equipment enclosure
proposed monopine
View 1
Existing
Location
©2014 Google Maps
Proposed
Looking southwest from County line Road
936 Calimesa Boulevard Calimesa CA 92320
Caliline
Accuracy of photo simulation based upon information provided by project applicant.
proposed monopine
View 2
Existing
Location
©2014 Google Maps
Proposed
Looking northeast from parking lot
proposed equipment enclosure
View 3
Accuracy of photo simulation based upon information provided by project applicant.
proposed monopine
936 Calimesa Boulevard Calimesa CA 92320
Caliline
STAFF REPORT
CITY OF CALIMESA
PLANNING COMMISSION MEETING
SUBJECT:
Zone Text Amendment 14-02, an Amendment to the Western
Riverside County Transportation Uniform Mitigation Fee Program
for the purpose of creating a Disabled Veterans Exemption to the
Code.
APPLICANT:
City of Calimesa
LOCATION:
Citywide Impact
ZONING:
N/A
MEETING DATE:
May 12, 2014
PREPARED BY:
Mathew W. Evans, Community Development Director
__________________________________________________________________________
RECOMMENDATION:
That the Planning Commission adopt Resolution 2014-07 recommending approval of
Ordinance No. 330, updating the City’s TUMF Ordinance by amending Chapter 18.105,
“Western Riverside County Transportation Uniform Mitigation Fee Program” §§ .030(G)
Establishment of the Transportation Uniform Mitigation Fee – Exemptions to the Calimesa
Municipal Code to add an exemption for Disabled Veterans Housing.
__________________________________________________________________________
BACKGROUND:
The City of Calimesa is a Member Agency of the Western Riverside Council of Governments
(“WRCOG”), a joint powers agency comprised of the County of Riverside, March JPA, and 17
cities (including Calimesa) located in Western Riverside County. Acting in concert, the
WRCOG Member Agencies developed a plan whereby the shortfall in funds needed to
enlarge the capacity of the Regional System of Highways and Arterials due to new development in Western Riverside County could be made up in part by a Transportation Uniform
Mitigation Fee (“TUMF”) on future residential, commercial and industrial development. As a
Member Agency of WRCOG and as a TUMF Participating Jurisdiction, the City participated
in the preparation of a certain “Western Riverside County Transportation Uniform Fee Nexus
Study,” (“2009 Nexus Study”) later adopted by the WRCOG Executive Committee. Based on
the 2009 Nexus Study, the City adopted and implemented an ordinance authorizing the City’s
participation in the TUMF Program. In 2009, the City adopted the 2009 Nexus Study and
Ordinance 302 [Ord. 302 § 2, 2009] to implement the TUMF Program in within the City of
Calimesa.
Zone Text Amendment 14-02
Planning Commission Meeting of May 12, 2014
Page 2
Pursuant to the CMC Section 18.105.030(G), WRCOG, upon the recommendation of the
WRCOG Executive Committee, now desires to amend the TUMF Ordinance to include the
following exemption:

Exempt non-profit 501(c)(3) organizations who build new single-family homes specifically constructed and adapted for qualifying severely disabled veterans injured in theatre of combat operations.
On April 7, 2014, the WRCOG Executive Committee reviewed the attached revised TUMF
Program Ordinance template and recommended TUMF Participating Jurisdictions amend
their TUMF ordinances to reflect the changes.
__________________________________________________________________________
DISCUSSION:
The revised TUMF Ordinance recommendation to exempt non-profit 501(c)(3) organizations
from paying TUMF is specific in that it limits the exemption to new specially adapted homes
for severely disabled veterans who are the recipients of a Veterans Administration Specially
Adapted Housing (SAH) Grant or its equivalent. This short-fall is anticipated to be approximately one million dollars and will be accounted for in the 2014 Network Update. The
amendments to Chapter 18.105 are specified in the draft ordinance.
______________________________________________________________________
ENVIRONMENTAL ANALYSIS:
Zone Text Amendment 14-02 is exempt from CEQA pursuant to CEQA Guidelines Section
15061 (b) (3) because the project is covered by the general rule that CEQA applies only to
projects that have the potential for causing a significant effect on the environment. The
exemption for Disabled Veterans Housing is not a specific development proposal and only
exempts payment of certain fees associated with the TUMF program.
______________________________________________________________________
FISCAL IMPACT:
None.
______________________________________________________________________
ATTACHMENTS:
A:
B:
Resolution 2014-07
Draft Ordinance No. 330
RESOLUTION NO. 2014-07
A RESOLUTION OF THE CALIMESA PLANNING COMMISSION
RECOMMENDING APPROVAL OF ZONE TEXT AMENDMENT 14-02
AMENDING CHAPTER 18.105 OF THE CALIMESA MUNICIPAL CODE
TO INCLUDE NEW EXEMPTIONS FOR NEWLY CONSTRUCTED
SPECIALLY ADAPTED HOMES FOR SEVERELY DISABLED
VETERANS UNDER THE WESTERN RIVERSIDE COUNTY
TRANSPORTATION UNIFORM MITIGATION FEE (“TUMF”) PROGRAM
AND APPROVING A CALIFORNIA ENVIRONMENTAL QUALITY ACT
EXEMPTION IN CONNECTION THEREWITH
WHEREAS, the City is a member agency of the Western Riverside Council of
Governments (“WRCOG”), a joint powers agency comprised of the County of Riverside,
the March Joint Powers Authority, and 17 cities located in Western Riverside County;
and,
WHEREAS, Acting in concert, the WRCOG Member Agencies developed a plan
whereby the shortfall in funds needed to enlarge the capacity of the Regional System of
Highways and Arterials in Western Riverside County (the “Regional System”) could be
made up in part by a Transportation Uniform Mitigation Fee (“TUMF”) on future
residential, commercial and industrial development; and
WHEREAS, upon the recommendation of the WRCOG Executive Committee,
now desires to adopt one new exemption under the Western Riverside County
Transportation Uniform Mitigation Fee Program Ordinance of 2009; and,
WHEREAS, the exemption is for newly constructed, specially adapted homes for
severely disabled veterans designed for maximum freedom movement and the ability to
live more independently at no cost to qualifying disabled veterans; and,
WHEREAS, based on analysis by Staff, it has determined that the new
exemption, because of its small number of estimated properties, will not threaten the
reasonable and rational relationship between the use of the TUMF and the type of
development projects on which the fees are imposed because the fees will be used to
construct the transportation improvements that are necessary for the safety, health and
welfare of the residential and non-residential users of the development in which the
TUMF will be levied; and,
WHEREAS, it has been determined that the adoption of this Ordinance is not a
project subject to review under the California Environmental Quality Act (“CEQA”)
because it can be seen with certainty that this action has no possibility for having a
significant effect on the environment as this ordinance changes findings, fee
exemptions, and fee credit procedures and standards; and,
Planning Commission Resolution 2014-07
May 12, 2014
Page 2
WHEREAS, the Planning Commission held a duly noticed public hearing on the
adoption of this Ordinance on May 12, 2014, and following the close of the public
hearing, voted to recommend adoption of Ordinance No. 330 to the City Council.
NOW, THEREFORE, the Planning Commission of the City of Calimesa does
hereby find, determine and resolve as follows:
Section 1.
Each and all of the findings set forth above are adopted herein in
full.
Section 2.
The Planning Commission recommends that the City Council adopt
Ordinance No. 330, amending Title 18 (Zoning, Land Use, and Development
Regulations) of the Calimesa Municipal Code, Section .050 “Western Riverside County
Transportation Uniform Mitigation Fee Program” §§ .030(G) Establishment of the
Transportation Uniform Mitigation Fee – Exemptions to the Calimesa Municipal Code to
add an exemption for Disabled Veterans Housing of the Calimesa Municipal Code.
APPROVED AND ADOPTED, this 12th day of May 2014.
Mike Barron, Chair
ATTEST:
I, Mathew Evans, the undersigned, hereby certify that I am the Planning Commission
Secretary of the Planning Commission of the City of Calimesa, California; that
Resolution 2014-07 was duly passed and adopted at a meeting of the Calimesa
Planning Commission, held on the 12th day of May, 2014.
Mathew Evans, Secretary to the Planning Commission
-2-
ORDINANCE NO. 330
AN ORDINANCE OF THE CITY OF CALIMESA AMENDING CHAPTER
18.105 OF THE CALIMESA MUNICIPAL CODE TO INCLUDE NEW
EXEMPTIONS FOR NEWLY CONSTRUCTED SPECIALLY ADAPTED
HOMES FOR SEVERELY DISABLED VETERANS UNDER THE
WESTERN RIVERSIDE COUNTY TRANSPORTATION UNIFORM
MITIGATION FEE (“TUMF”) PROGRAM AND APPROVING A
CALIFORNIA ENVIRONMENTAL QUALITY ACT EXEMPTION IN
CONNECTION THEREWITH
THE CITY COUNCIL OF THE CITY OF CALIMESA (“CITY”) DOES ORDAIN AS
FOLLOWS:
Section 1.
Title. This Ordinance shall be known as Amendment No. 1 to the
Western Riverside County Transportation Uniform Mitigation Fee Program Ordinance of
2009” (“Ordinance”).
Section 2.
Findings. The City Council makes the following findings in
connection with the adoption of this ordinance.
A.
The City is a member agency of the Western Riverside Council of
Governments (“WRCOG”), a joint powers agency comprised of the County of Riverside,
the March Joint Powers Authority, and 17 cities located in Western Riverside County.
Acting in concert, the WRCOG Member Agencies developed a plan whereby the
shortfall in funds needed to enlarge the capacity of the Regional System of Highways
and Arterials in Western Riverside County (the “Regional System”) could be made up in
part by a Transportation Uniform Mitigation Fee (“TUMF”) on future residential,
commercial and industrial development.
B.
WRCOG, upon the recommendation of the WRCOG Executive
Committee, now desires to adopt one new exemption under the Western Riverside
County Transportation Uniform Mitigation Fee Program Ordinance of 2009. The
exemption is for newly constructed, specially adapted homes for severely disabled
veterans designed for maximum freedom movement and the ability to live more
independently at no cost to qualifying disabled veterans.
C.
The City Council finds and determines that the new exemption because of
its small number of estimated properties, will not threaten the reasonable and rational
relationship between the use of the TUMF and the type of development projects on
which the fees are imposed because the fees will be used to construct the
transportation improvements that are necessary for the safety, health and welfare of the
residential and non-residential users of the development in which the TUMF will be
levied. The City Council has also estimated the cost of the new exemption and
understands that the TUMF fees will not be used to cover the fair share of these
exempted properties or the Regional System.
12459-0001\1707136v1.doc
D.
The City Council has determined that the adoption of this Ordinance is not
a project subject to review under the California Environmental Quality Act (“CEQA”)
because it can be seen with certainty that this action has no possibility for having a
significant effect on the environment.
This Ordinance changes findings, fee
exemptions, and fee credit procedures and standards. None of these changes will have
a physical effect on the environment. Instead, these changes merely have a potential
financial effect on land use applicants and the City, which effect is not subject to review
under CEQA. The Ordinance is therefore exempt from CEQA pursuant to Section
15061(b)(3) of Title 14 of the California Code of Regulations (the “CEQA Guidelines”).
Section 3.
Section 18.105.020 (Definitions) of Chapter 18.105 (Western
Riverside County Transportation Uniform Mitigation Fee Program) of Title 18 (“Zoning,
Land Use and Development Regulations”) of the Calimesa Municipal Code is hereby
amended by the addition of the following definitions:
“ “Disabled Veteran” means any veteran who is retired or is in the process
of medical retirement from military service who is or was severely injured
in a theatre of combat operations, and has or received a letter of eligibility
for the Veteran’s Administration of Specially Adapted Housing (“SAH”)
Grant Program.”
“ “Non-Profit Organization” means an organization operated exclusively for
exempt purposes set forth in section 501(c)(3) of the Internal Revenue
Code, and none of its earning may inure to any private shareholder or
individual. In addition, it may not be an action organization, i.e., it may not
attempt to influence legislation as a substantial part of its activities and it
may not participate in any campaign activity for or against political
candidates. For the purposes of the TUMF Program the non-profit must
be a 501(c)(3) charitable organization as defined by the Internal Revenue
Service.”
Section 4.
Exemption for Specially Adopted Homes for Severely Disabled
Veterans. Subsection (G) of Section 18.105.030 (Establishment of the transportation
uniform mitigation fee), of Chapter 18.105 (Western Riverside County Transportation
Uniform Mitigation Fee Program) of Title 18 (Zoning, Land Use and Development
Regulations) of the Calimesa Municipal Code is hereby amended to read as follows:
“G.
Exemptions. The following new development shall be exempt from
the TUMF:
1.
Low-income residential housing.
2.
Government/public buildings, public schools and public facilities.
3.
The rehabilitation and/or reconstruction of any habitable structure in
use on or after January 1, 2000; provided, that the same or fewer traffic
trips are generated as a result thereof.
-212459-0001\1707136v1.doc
4.
Development projects which are the subject of a public facilities
development agreement entered into pursuant to Government Code
Section 65864 et seq., prior to the effective date of the ordinance codified
in this chapter, wherein the imposition of new fees is expressly prohibited;
provided, that if the term of such a development agreement is extended by
amendment or by any other manner after the effective date of the
ordinance codified in this chapter, the TUMF shall be imposed.
5.
Guest dwellings.
6.
Additional single-family residential units located on the same parcel
pursuant to the provisions of any agricultural zoning classifications set
forth in this title.
7.
Kennels and catteries established in connection with an existing
single-family residential unit.
8.
Detached second units.
9.
The sanctuary building of a church or other house of worship
eligible for a property tax exemption.
10.
Any nonprofit corporation or nonprofit organization offering and
conducting full-time day school at the elementary, middle school or high
school level for students between the ages of five and 18 years.
11.
New homes, constructed by non-profit organizations, specially
adapted and designed for maximum freedom of movement and
independent living for qualified Disabled Veterans.”
Section 5.
No Retroactive Effect. No provisions of this ordinance shall entitle
any person who has already paid the TUMF to receive a refund, credit or
reimbursement of such payment because of this new exemption.
Section 6.
Savings Clause. Neither the adoption of this ordinance nor the
repeal of any other ordinance of this City shall in any manner affect the prosecution of
any violation of any City ordinance or provision of the Calimesa Municipal Code,
committed prior to the effective date hereto, nor be construed as a waiver of any license
or penalty or the penal provision applicable to any violation thereof.
Section 7.
Severability. If any section, subsection, sentence, clause, phrase
or portion of this ordinance for any reason is held to be invalid or unconstitutional by the
diction of any court of competent jurisdiction, such decision shall not affect the validity or
the remaining portions of this ordinance. The City Council of the City of Calimesa
hereby declares that it would have adopted this ordinance and each section,
subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any
one or more sections, subsections, sentences, clauses, phrases or portions were to be
declared invalid or unconstitutional.
-312459-0001\1707136v1.doc
Section 8.
Full Force and Effect. Except to the extent expressly modified or
amended hereunder, all of the terms, covenants, and conditions of Chapter 18.105 of
the Calimesa Municipal Code shall remain in full force and effect.
Section 9.
Effective Date; Publication. This ordinance shall take effect thirty
(30) days after its final passage, and within fifteen (15) days after its passage, the City
Clerk shall cause this ordinance or a summary hereof to be published and or posted as
required by law and by the City’s ordinances and resolutions.
INTRODUCED AND PASSED UPON FIRST READING by title only, upon the following
roll call vote, this [ ] day of [ ]:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
PASSED, APPROVED AND ADOPTED this [ ] day of [ ] upon the following roll call
vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
WILLIAM “BILL” DAVIS, MAYOR
CITY OF CALIMESA
ATTEST:
DARLENE GERDES, CITY CLERK
APPROVED AS TO FORM:
KEVIN ENNIS, CITY ATTORNEY
-412459-0001\1707136v1.doc

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