Yucaipa City Zoning Code

This Ordinance shall be known as the “Development Code of the City of Yucaipa” or as the “Development Code.”

The Development Code is adopted pursuant to the following authority.

All of the provisions of the Development Code, as well as any land use authorized by the Development Code, shall be consistent with the Yucaipa General Plan.

The provisions of the Development Code constitute minimum requirements. The City of Yucaipa may establish more stringent requirements where they are deemed necessary.

Unless otherwise provided, any ambiguity concerning the content or application of the Development Code shall be resolved by the Planning Agency.

Where the Development Code imposes a greater restriction upon the use of buildings or land, or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules or regulations or by easements, covenants or agreements, the provisions of the Development Code shall control.

No City-issued licenses or permits shall be issued for uses or buildings or purposes where the same would be in conflict with the provisions of the Development Code or the City’s General Plan. Any such license or permit, if issued in conflict with the provisions hereof, shall be null and void and shall not support any claim to a vested right to develop.

If any section, subsection, sentence, clause, phrase or portion of the Development Code is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Code.

The City hereby declares that it would have adopted the Development Code 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 be declared invalid or unconstitutional.

An Official Land Use Plan for the incorporated area of the City of Yucaipa, County of San Bernardino, State of California, is hereby adopted and established as is hereafter set forth in this Code, to promote, protect and secure the public health, safety and general welfare; to provide the social and economic advantages resulting from an orderly, planned use of land resources; and to encourage, guide and provide a definite plan for the future growth and development of said City.

It is recognized that the Official Land Use Plan referred to herein must be periodically reviewed, refined, and maintained, and the City Council in conformity with the State Planning and Zoning Law as amended, and the provisions of this Code, hereby delegates to the Community Development Department of the City of Yucaipa, the responsibility for conducting necessary studies, surveys and the preparation of maps in order to develop detailed land use plans, and the responsibility for processing changes of land use districts for adoption by the City Council for the various portions of the incorporated territory of Yucaipa as it becomes desirable, practical and practicable so that the result shall be a comprehensive land use plan for the City.

Unless otherwise provided, any person, firm, partnership, corporation, or other entity violating any provision of this Code shall be guilty of an infraction or misdemeanor as hereinafter specified, and each day or portion thereof such violation is in existence shall be a new and separate offense. In addition, when one or more plants or trees are removed in violation of the provisions of this Code, the removal of each such separate plant or tree shall be a new and separate offense.

Any person so convicted shall be guilty of an infraction offense and punished by a fine not greater than $100 and not less than $50 for a first offense and shall be guilty of an infraction offense and punished by a fine not greater than $200 and not less than $100 for a second offense. The third and any additional offenses shall constitute misdemeanors and shall be punishable by fines not greater than $1,000 and not less than $500, six months in jail, or both. Notwithstanding the above, a first or second offense may be charged and prosecuted as a misdemeanor. Payment of any fine or service of a jail sentence herein provided shall not relieve a person, firm, partnership, corporation, or other entity from the responsibility of correcting the condition resulting from the violation. In addition to the above penalties, the court may order that the guilty party reimburse the City for all of its costs of investigating, analyzing and prosecuting the enforcement action against the guilty party; the court shall fix the amount of any such reimbursement upon submission of proof of such costs by the City.

Whenever any act or omission is made unlawful in the Development Code, it shall include causing, permitting, aiding or abetting such act or omission.

Any building or structure erected or maintained, or any use of property contrary to the provisions of the Development Code or an adopted Specific Plan shall and is hereby declared to be unlawful and a public nuisance. Upon order of the City Planning Commission, Director of Community Development, Building Official, or other City enforcement officer, an action for injunctive relief shall be commenced for the abatement, removal and enjoinment thereof in the manner provided by law. Application shall be made to such court or courts which have jurisdiction to grant such relief, to abate or remove such building, structure or use, and restrain and enjoin any person from erecting or maintaining such building or structure or using any property contrary to the provisions of the Development Code.

All remedies provided for herein shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures or improvements, nor prevent the enforced correction or removal thereof, including the payment of attorney fees.

Any court action or proceeding to attack, review, set aside, void or annul any land use decision subject to court review (other than those described in Sections 65907 and 66499.37 of the California Government Code and Section 21167 of the California Public Resources Code) or concerning any of the proceedings, acts or determinations taken, done or made prior to such decision, or to determine the reasonableness, legality or validity of any conditions attached thereto, shall not be maintained by any person unless such action or proceeding is commenced and service of summons effected within 30 days after the effective date of such decision. 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.

The provisions of this Development Code shall not apply to any uses or activities which are exempt from local regulation under state or federal law.