Chapter 17.25 — ESTABLISHMENT OF ZONES

This chapter establishes the zones and overlay zones applied to property within the City, the relationship of the Zoning Map to the General Plan Land Use Map and establishes the Zoning Map. (Ord. 247, 1/15/2025; Ord. 253, 9/10/2025)

For the purpose of providing a uniform basis for zoning, the following zone classifications, referred to alternatively herein as zones, may be applied to the lands in the City of Wildomar.

(Ord. 247, 1/15/2025)

For the purpose of providing a uniform basis for zoning, the following overlay zones, referred to alternatively herein as overlays, may be applied to the lands in the City of Wildomar.

The City Council hereby adopts the City of Wildomar Zoning Map (hereafter referred to as the "Zoning Map"), which is on file with the Planning Department. The Zoning Map, that includes overlays established by Section 17.25.021, is hereby incorporated into this Title by reference as though it were fully included here. The Zoning Map shall be interpreted in compliance with Section 17.15.020 (Rules of Interpretation) and amended in compliance with Chapter 17.145 (Development Code and Zoning Map Amendments).

(Ord. 247, 1/15/2025; Ord. 253, 9/10/2025)

Where uncertainty exists as to the boundaries of any zone classification, or overlay zones, the following rules shall apply:

• A. Where boundaries are indicated as approximately following street lines, alley lines, or lot lines, such lines shall be construed to be boundaries.

• B. Where boundaries divide lots, the location of such boundaries shall be determined by use of the scale appearing on the underlying map, unless the boundaries are indicated by specific dimensions.

• C. If any public street, alley or other right-of-way is vacated or abandoned, the land formerly in such street, alley or right-of-way shall be included within the boundaries of the zone classification or overlay zones applicable to the adjoining property on each side. In the event such street, alley or right-of-way was a zone classification or overlay zone boundary, the new zone classification or overlay zone boundary shall be the former center line of such street, alley or right-of-way.

• (Ord. 247, 1/15/2025; Ord. 253, 9/10/2025)

The terminology used in Section 17.25.020 of this chapter is general only and is not intended to be descriptive of all uses allowed in the zone classifications. The zone classifications are specifically set

forth in subsequent articles of the ordinance codified in this chapter to which reference should be made to determine all the uses permitted therein. When a use is not specifically listed as permitted or conditionally permitted in a zone classification, the use is prohibited unless, in circumstances where this section empowers him or her to do so, the Community Development Director makes a determination that the use is substantially the same in character and intensity as those uses permitted or conditionally permitted in the zone classification. (Ord. 252, 8/13/2025)

• A. Commercial Cannabis Activities and Facilities. Commercial cannabis activity, as defined in Business and Professions Code Section 26001(k) , is permitted in the City in compliance with Chapters 5.76 and 17.240 of this code. It shall be a violation of this code to engage in any commercial cannabis activity that is not in full compliance with the requirements of chapters 5.76 and 17.240 of this code. It is a violation of this code for any building, facility, establishment, property, or location to be utilized by any person to establish, commence, engage in, conduct, or carry on, or permit another person to establish, commence, engage in, conduct, or carry on any commercial cannabis activity that is not in full compliance with the requirements of chapters 5.76 and 17.240 of this Code.

• B. Noncommercial Cannabis Cultivation. A person may cultivate no more than six living cannabis plants inside his or her private residence, or inside an accessory structure to his or her private residence located upon the grounds of that private residence that is fully enclosed and secured against unauthorized entry, provided that the owner of the property provides written consent expressly allowing the cannabis cultivation to occur, the person conducting the cannabis cultivation complies with all applicable Building Code requirements set forth in Title 17 of this Code, there is no use of gas products (CO2, butane, propane, natural gas, etc.) on the property for purposes of cannabis cultivation, and the cannabis cultivation complies with Health and Safety Code Section 11362.2(a)(3) .

• C. Enforcement. Any violation of this section shall be enforced pursuant to Chapter 1.16 . (Ord. 252, 8/13/2025)

• A. Findings. Industrial hemp cultivation presents public health, safety and welfare issues that must be mitigated if such cultivation is to be permitted, including, but not limited to, odor control, pests, security, and other public safety concerns. As of the effective date of the ordinance adding this section to the Zoning Code, no industrial hemp cultivation uses have been established in the City and no cultivators have expressed interest to the City for establishing cultivation uses in the City. The City Council finds that the public interest is better served at this time by not expending public resources on establishing regulations for an industry that has not, and has expressed no interest in, operating in the City. The City may reconsider the prohibition on industrial hemp cultivation contained herein in the future.

• B. Definitions. The following definitions apply to this section:

"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, trimming, processing, or manufacturing of industrial hemp.

"Industrial hemp" includes the definition as set forth in Health and Safety Code Section 11018.5(a) .

• C. Industrial Hemp Cultivation. The cultivation of industrial hemp as defined above is prohibited in all zone districts within the City of Wildomar. It is a violation of this Code for any building, facility, establishment, property, or location to be utilized by any person to establish, commence, engage in, conduct, or carry on, or permit another person to establish, commence, engage in, conduct, or carry on any industrial hemp cultivation in the City of Wildomar.

• D. Violation—Separate Offense. Any person who violates any provision of this section is guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and may be penalized accordingly.

• E. Penalties. Violation of any provision of this section is subject to penalties as set forth in Wildomar Municipal Code Chapter 1.16 .

• F. Public Nuisance. In addition to the penalties set forth above, any violation of this section is declared to be a public nuisance per se and contrary to the public interest and will, at the discretion of the City, be subject to a cause of action for injunctive relief or any other available remedy under the law.

• (Ord. 252, 8/13/2025)