Chapter 18.40 SPECIAL DISTRICTS

Chapter 18.40
SPECIAL DISTRICTS

Sections:

18.40.010 Planned residential development (PRD) district.

18.40.020 Public/quasi-public (P/Q) district.

18.40.030 Calimesa Creek overlay (CCO) district.

18.40.010 Planned residential development (PRD) district.

A. Purpose. The purpose of the planned residential development (PRD) zone district is to promote residential amenities beyond those expected in conventional residential developments, to achieve greater flexibility in design, to encourage well-planned neighborhoods through creative and imaginative planning as a unit, to provide for appropriate use of land which is sufficiently unique in its physical characteristics or other circumstances to warrant special methods of development, to create flexibility in street design as long as adequate off-street parking is provided, to reduce development problems in hillside areas, and to preserve areas of natural scenic beauty through the encouragement of integrated planning and design and unified control of development.

B. Definition. “Planned residential development” means a development located on a site approved as a subdivision, to be constructed by a person or corporate body, involving a variety of residential structure types, planned as a total entity and therefore subject to approval, development, and regulation as one land use complex.

C. Establishment.

1. There is hereby created a planned residential development (PRD) zone district. Whenever it is placed on the official zoning map, the designation PRD shall be indicated after the zoning designation of the area over which it is placed, and the provisions of said PRD zone shall apply in addition to the provisions of the principal zone of the area to which it is applied. Whenever a use is permitted in said PRD zone, said use shall be permitted in addition to the uses otherwise allowed in the area over which it is placed.

2. A planned residential development may be permitted in the O-S-R, R-E, R-R, R-L, R-L-M, R-M, and O-S zone districts.

D. Permitted Uses. Principal permitted uses in the PRD zone shall be as follows:

1. Attached and detached single-family homes, townhouses, patio houses, or combinations thereof not exceeding four units in any one group shall be permitted, and such other uses as are permitted in the zone in which the planned residential development is to be located.

a. For purposes of this chapter, all permitted dwelling types are considered to be single-family in nature. Each unit shall be a separate and complete entity extending from the lowest floor level to the highest point of the building. Separate dwelling units shall not be placed above one another, and each unit shall be directly accessible to private, ground-level open spaces.

2. Open Space Uses. Noncommercial parks, gardens, playgrounds, golf courses, natural open space, and other open space uses are permitted in the zone in which the planned residential development is to be located. Various noncommercial facilities such as clubhouses, swimming pools, tennis courts, and horticultural conservatories may be included in such open space uses.

E. Prohibited Uses. All uses and structures not listed as permitted in this section are hereby deemed to be specifically prohibited. Notwithstanding any other provision of this code to the contrary, commercial cannabis activities are prohibited uses in any PRD district.

F. Property Development Standards. The following property development standards shall apply to all land and buildings in the PRD zone:

1. Site Area. The minimum gross site area for a PRD zone shall be 10 acres, except that sites with a lesser area may be permitted when contiguous to an existing planned development and when they constitute a logical extension in arrangement of buildings, facilities, and open space. All of the area of dedicated street right-of-way entirely within the boundaries of the site may be included in determining the gross area of the zone for minimum area purposes.

2. Density. The underlying residential land use district shall determine the maximum number of dwelling units allowed in PRD developments. Where a parcel or parcels have more than one land use district, the maximum number of dwelling units shall be determined by adding together the allowable density for each land use district area. Density transfer throughout the PRD project area is permitted for the promotion of clustering units in those areas suited to development, and thus preserving the open space and natural features of the site.

3. Lot Area. Individual lot areas may be reduced below the minimum standard requirement for the zone; provided, however, that the average overall lot size of the development is in conformance with the underlying zone; and provided, that the developer demonstrates that there is a direct relationship between the lot size and adjacent open space area within the development. Individual lots shall contain sufficient area to provide all required setbacks, yards, and private outdoor living areas.

4. Lot Dimensions. Lot widths and depths may be reduced below the standard of the district; however, to preserve and maintain the quality of the zone in an existing neighborhood and surrounding neighborhoods, all lots abutting a dedicated public street shall have a lot width not less than the minimum required for the zone. Certain exceptions may be approved by the planning commission where it can be shown that a reduction in lot width will not adversely affect the character and quality of the surrounding neighborhood.

5. Site Coverage. Buildings and structures, which shall not include patios open on three or more sides, shall not occupy more than 30 percent of the gross area of the PRD zone.

6. Building Height. A building, structure, or portion thereof shall not exceed the following heights:

a. Single-family dwellings: two stories or 32 feet, whichever is less.

b. Exceptions.

i. On slopes, single-family dwellings may be three stories in height on the downhill side provided they do not exceed two stories on the uphill side.

ii. If a cantilever foundation structure is used on a hillside, the height shall be measured from the lowest point at which the foundation beams enter the hill.

iii. If the downhill sides of the structure are enclosed in a monolithic foundation, the height shall be measured from the midpoint of that portion of the finished slope which is covered by the structure.

G. Minimum Yard Requirements.

1. Front Yard Setback. The minimum front yard provisions of the zone in which the site is located shall apply to all lots, whether abutting a public or private street, pursuant to subsection (F)(4) of this section.

2. Side Yard Setback(s).

a. The side yard provisions of the zone in which the site is located shall apply to all properties in the planned development which abut property not a part of the development, pursuant to subsection (F)(4) of this section.

b. For the remainder of the development, the side yard(s) for a residence or group of residences may be modified as follows:

i. For a single-family detached residence on a separate lot, one side yard may be reduced to zero, provided the opposite side yard is not less than the total required for each side yard in the zone. No window or door openings are permitted on the zero setback line.

ii. For attached single-family residences or patio houses and townhouses, both interior side yards between structures may be reduced to zero, provided the exterior side yards of the series or group are set back a distance not less than 10 feet for each story or height of each building series or group. No window or door openings are permitted on the zero setback line.

3. Rear Yard Setback. The rear yard provisions of the zone in which the site is located shall apply.

H. Accessory Buildings. The provisions of the zone in which the site is located shall apply; provided, that such accessory uses are compatible with the approved PRD.

I. Off-Street Parking. Off-street parking shall be provided in accordance with the provisions of Chapter 18.45 CMC, Off-Street Parking. In addition, an appropriate number of off-street parking spaces shall be provided to compensate for the reduction in on-street parking resulting from the reduced linear feet of streets typically associated with planned residential developments. The number and distribution of such required additional spaces shall be determined by an analysis of the plan by the planning department.

J. Open Space Areas.

1. For the purposes of this chapter, open space within a PRD shall be the total area of land or water within the boundaries of a PRD, designed and intended for use and enjoyment as open space areas.

2. Open space areas may include swimming pools, tot lots, putting greens, court game facilities, and recreational buildings. Natural canyons and similar natural physical features may be included in open space areas as approved by the planning commission; these areas are to be cleared of debris, poison oak, and similar fire and health hazards. Automatic sprinklers shall be provided at top of slope in canyon areas where it has been determined by the city that a fire hazard exists.

3. Except as provided in subsection (J)(2) of this section, usable open space areas shall not include:

a. Rights-of-way.

b. Vehicle parking areas and accessways.

c. Areas less than 15 feet in width that are adjacent to or between structures.

d. Slope areas of more than eight percent grade.

e. School sites.

f. Commercial, industrial, or office areas, and the buildings, accessory buildings, parking, and loading facilities thereof.

4. A PRD project shall have a minimum of 40 percent private and common open space, not including balcony area.

5. The city shall be granted an easement or other interest limiting the future use of the open space and preserving open spaces.

6. Provisions for the maintenance and management of the common open space and common facilities shall be reviewed and approved by the reviewing authority. Such approval shall be based on the following criteria:

a. The applicant shall establish a property owners’ association prior to the selling of any lot or occupancy of any dwelling unit.

b. The property owners’ association bylaws, restrictions, and articles of incorporation shall include the necessary regulations required by the Federal Housing Administration, the California Department of Real Estate, and other governmental agencies.

7. All improvements located within the common open space, such as landscaping, parks, recreational facilities, travelways, and parking areas, shall be maintained in a safe condition and a state of good repair.

a. Any failure to maintain such improvements located within the common areas shall be, and the same is hereby declared to be, unlawful and a public nuisance endangering the health, safety, and general welfare of the public and a detriment to the surrounding community.

b. In addition to any other remedy provided for by law for the abatement, removal, and enjoinment of such public nuisance, the city, after giving proper notice, may cause the necessary work of maintenance or repair to be done, and the cost thereof shall be assessed against the owner or owners of the development.

K. Phasing. In a phased development, safeguards shall be required in the form of easements or bonds or other commitments for open space requirements that will protect the integrity of the total project.

L. Subdivision. When a tentative subdivision map is filed with a planned residential development, prior to recordation of the final subdivision map, the following items shall be filed with the appropriate agency:

1. Documentation of easements, covenants, deeds, and property owners’ association bylaws, restrictions, and articles of incorporation.

2. Sureties and performance bonds covering open space areas, dedicated public improvements, and other items as determined by the reviewing authority; the amount of the performance bonds shall be reviewed annually by the appropriate agency.

M. Revision of Approved Development Plans. No revisions may be made in an approved planned residential development before, during, or after the construction of a PRD, except upon application by the applicant to the appropriate reviewing authority, under the procedures provided below.

1. Minor revisions such as in the location and siting of buildings and structures may be authorized by the planning director if required by engineering or other circumstances not foreseen at the time the development plan was approved. These revisions shall be made prior to recording the final subdivision map or the issuance of any building permits, whichever occurs first.

2. Major revisions such as changes in use; any significant rearrangement of lots, blocks, and building tracts; any substantial changes in the provision of common open spaces; and all other modifications shall be approved by the reviewing authority authorized to approve the plan being revised. The reviewing authority shall hold a public hearing to consider such major revisions. No amendments may be made in the approved development plan unless they are shown to be required by changes in conditions that have occurred since the development plan was approved or by changes in the general plan, specific plan, or area plan.

N. Design Standards.

1. Unless specifically changed within this section, all adopted city ordinances, standards, and policies apply to a planned residential development, including those set forth in the Calimesa general plan. The planning commission may alter adopted standards where, in their opinion, the altered standards would more adequately serve the intent and purposes of the planned residential development provisions of the code.

2. Circulation.

a. The vehicular circulation pattern shall be designed such that the following are accomplished:

i. It provides adequate vehicular access to and within the project, in accordance with adopted city standards.

ii. It is coordinated with external transportation networks in terms of location and loads.

iii. It is integrated with the natural landscape and, where possible, parallels the natural drainage system.

iv. It is designed such that the noise levels from vehicular traffic shall comply with the noise quality standards of the Calimesa general plan.

v. The planned residential development project and each phase thereof has two points of vehicular ingress and egress from surrounding streets, one of which may be emergency only. Where the applicant can show that this is a physical impossibility, this requirement may be modified by the county fire department.

vi. Private streets are acceptable if they are built to city standards and are inspected by the city. However, right-of-way shall not be accepted by the city, nor shall private streets be accepted into the city-maintained road system.

b. The pedestrian circulation pattern shall be designed such that the following are accomplished:

i. It is separated from vehicular traffic, where possible, and designed to discourage pedestrian crossing of the vehicular network, except at controlled points which are designed for pedestrian safety.

ii. Hard-surfaced, safely lighted pedestrian access to common open space, recreational areas, community facilities, and other logical terminal points shall be provided.

c. All common off-street parking areas shall be designed such that the following are accomplished:

i. They provide adequate, convenient, well-marked, and safely lighted parking.

ii. With the exception of building-enclosed parking structures, they contain appropriate landscaping to minimize the effect of large areas of asphalt or concrete.

d. All proposed developments shall incorporate design features or trip reduction programs, or a combination of design features and trip reduction programs in accordance with CMC 18.100.050(A).

3. Site Resource Utilization.

a. The planned residential development shall be designed and developed in such a manner as to minimize the cutting of trees, disturbance of ground cover, cut-and-fill work, drainage alteration, and hillside development. All tree removals shall be in accordance with city permit procedures.

b. All new dirt work, exposed slopes, and erosion control problem areas shall be suitably stabilized in accordance with Chapter 18.70 CMC, Landscape Requirements. Scarred and erosion-prone areas shall be stabilized with appropriate planting methods or other appropriate techniques as determined by the planning director.

c. A drainage analysis shall be prepared and shall accompany the application for a PRD.

4. Site and Structure Relationship.

a. The spacing of buildings shall be governed by the requirements for adequate light and air, proper access, fire regulations, and by the need for visual and auditory privacy.

b. Whenever possible, dwelling units shall be arranged to take advantage of views and vistas with consideration given to micro (subsections of the planned development) climate control and pleasing relationships of building mass.

c. The placement of garages behind dwelling units and the construction of front porches is encouraged to enhance the neighborhood streetscape.

d. The planned residential development shall be designed to minimize the likelihood of criminal activity by the following methods:

i. Minimizing those areas that are neither clearly private nor public.

ii. Planting landscaping such that maximum observation is obtained while providing the desired degree of aesthetics.

e. Building height, bulk, and micro coverage are regulated only inasmuch as they meet the performance criteria set out above.

f. No structure for human habitation shall be placed in an environmentally hazardous, fragile, or unique area.

5. Perimeter.

a. Adjacent properties to the planned residential development shall be protected from adverse influences of traffic, land uses, building scale, and density by the combined use of screening, setbacks, and land use location.

b. Perimeter planning and coordination are required to assure continuity in the community facilities and services. The applicant shall demonstrate that the development proposal can be adequately served by community facilities and services without undue public expenditure. [Ord. 342 § 3 (Exh. A), 2016; Ord. 341 § 15, 2016; Ord. 341-U § 16, 2016; Ord. 95-7 § 2; Code 1990 § 12.7.01.]

18.40.020 Public/quasi-public (P/Q) district.

A. General Purpose. The purpose of the public/quasi-public (P/Q) district is to provide appropriate areas to accommodate uses such as City Hall, post offices, police and fire stations, institutional uses (schools, churches), libraries, and other similar development.

B. Use Regulations for the Public/Quasi-Public District.

1. Table 18.40.020 identifies those uses and activities which may be permitted in the public/quasi-public district subject to the provisions of this title and applicable general plan policies, and those uses and activities which are not permitted. Table 18.40.020 also indicates the development procedure and the approval type by which each listed use or activity may be permitted. A minor development plan review or major development plan review may be required in accordance with Chapter 18.90 CMC, Development Plan Review.

Table 18.40.020 – Uses Permitted Within Public/Quasi-Public District
Use		Condition of Use
A.	Public/Quasi-Public Uses
	Auditoriums	C
	Churches and other religious institutions	C
	Educational institutions (including public or private vocational schools)	C
	Fire and police stations	P
	Post offices	P
	Public libraries and museums	P
	Public parks and recreation facilities (public or private)	P
	Public utilities and public service substations, reservoirs, pumping plants and similar installations, not including public utility offices	C
	Public utility service offices	P
	All public buildings and grounds not otherwise mentioned herein	P
Temporary uses (subject to the provisions of CMC 18.15.130, Temporary use permits, and the issuance of a temporary use permit (T))		T
Other uses similar to, and no more objectionable than, the uses identified above shall be reviewed per the process required by the similar use procedures, as determined by the planning commission. The commission will determine whether the use is subject to development plan review or conditional use permit.
B.	Commercial Cannabis Activitya	X
Legend:
P – Permitted
C – Subject to conditional use permit
X – Prohibited

a. The prohibition on commercial cannabis activity is subject to the exceptions set forth in CMC 18.135.040.

C. Public/Quasi-Public District Development Standards. Minimum site development standards applicable to proposed and existing development in the public/quasi-public district shall be determined by the planning commission on a case-by-case basis. [Ord. 353 § 11, 2017; Ord. 342 § 3 (Exh. A), 2016; Ord. 341 § 16, 2016; Ord. 341-U § 17, 2016; Ord. 95-7 § 2; Code 1990 § 12.7.02.]

18.40.030 Calimesa Creek overlay (CCO) district.

A. General Purpose. The purpose of this overlay district is to establish guidelines for the redevelopment of the Calimesa Creek area. The guidelines describe the city’s intent and vision for Calimesa Creek and are intended to promote public access to and pedestrian use along Calimesa Creek and to protect and enhance the scenic character of the downtown.

B. Permitted Uses. Uses shall be permitted within the Calimesa Creek overlay district in accordance with the underlying zone district.

C. Development Standards.

1. Calimesa Creek shall be developed to preserve the natural look of the creek. The creek shall retain its natural look and feel, with no concrete or unnatural confinement or channelization.

2. The design of structures and outdoor improvements shall complement the attractiveness and functionality of the downtown. Design shall be coordinated to ensure smooth pedestrian transition between properties, reasonable lighting, understandable signage, and minimal inconvenience to shoppers and strollers.

3. Buildings shall address both their street and creek frontage. In no case shall a building turn its back on the creek.

4. A vegetated natural creek bank is encouraged except where terrain conditions would make it difficult, prohibitively expensive, or unnatural in appearance.

5. A continuous pedestrian sidewalk or trail, a minimum of 10 feet in width, may be required for both sides of the creek edge. The trail may be built as part of a maintenance road.

6. The construction of areas for rest, relaxation, and dining along the creek are encouraged. Street furniture should be provided as often as is reasonable. Lighting should be sufficient for safety, but should not glare.

7. Buildings shall be set back from the creek enough to provide for lighting and adequate pedestrian access along the creek. Buildings are encouraged to have a continuous setback line in order to provide the feel of an outdoor room.

8. Nothing in this section shall be construed so as to preclude the use of any existing property or the rebuilding of any existing improvements in the event of catastrophic loss.

D. No commercial cannabis activity is permitted in the Calimesa Creek overlay district, subject to the exceptions set forth in CMC 18.135.040. [Ord. 353 § 12, 2017; Ord. 342 § 3 (Exh. A), 2016; Ord. 341 § 17, 2016; Ord. 341-U § 18, 2016; Ord. 95-7 § 2; Code 1990 § 12.7.03.]