Yucaipa City Zoning Code

The City Council shall act as the Planning Agency for all land use applications which require public hearing and legislative action, and for those which are referred or appealed to the Council.

The Planning Commission shall act as the Planning Agency for all other land use applications which require public hearing and for those which are referred or appealed to the Commission.

The Planning Commission Subcommittee shall act as the Planning Agency for all land use applications which are referred or appealed to the Subcommittee.

The Community Development Director shall act as the Planning Agency for all land use applications requiring Administrative Review.

As applicable and as specified in Division 3 of this Code, the Community Development Director, the Building Official or other City Department Head when needed, as determined by the Community Development Director, shall act as the Planning Agency for those land use applications requiring Staff Action With Notice or Staff Action Without Notice. In these instances, the Building Official or other City Department Head, where applicable, will assume or coordinate with the Community Development Director, the functions detailed by this chapter for the Community Development Director.

The Community Development Director shall act as the Planning Agency when preparing required documents to implement State Planning and Land Use Law (Title 7 of the California Government Code), and other land use planning related state laws.

The Planning Agency shall perform all of the following functions.

The Planning Agency shall be responsible for determining the adequacy of Environmental Impact Reports (EIRs) and other special reports in compliance with the California Environmental Quality Act (CEQA).

The Planning Agency shall be responsible for certification of Environmental Impact Reports and the filing of either a Notice of Determination or Notice of Exemption on each approved project.

The Planning Agency hereby has the authority to approve, conditionally approve, or deny all land use applications and make related environmental review determinations, including the authority to impose mitigation measures as conditions of approval. Such land use applications include all maps, plans, designs, and other forms of application for subdivision, development or use of property.

The Planning Agency shall only consider environmental review decisions in conjunction with the consideration of a related project. However, the Planning Commission may, when necessary, consider separately the decision by the Community Development Director to require the preparation of an Environmental Impact Report prior to such preparation.

In addition to the above functions, the Community Development Director, as part of the Planning Agency, will have the following duties.

All Tentative Maps involving five or more lots, including those specifically exempted from the requirement for a Final Map.

All Planned Developments.

Any associated land use application that is related to a project already being reviewed by the committee, including requests for a variance or General Plan Amendment.

Any other project or action deemed by the Planning Agency to require the review and recommendation of the Development Review Committee.

Meetings open to public. Development Review Committee meetings shall be open to the public, and any applicant, property owner, developer, subdivider, official of any agency, department organization, or other person interested in a development project shall have the privilege of attending any such meeting and presenting any appropriate matter.

Notification. The applicant, developer, subdivider, the engineer, or other applicant-designated representative shall be notified of the date, time, and place of such meeting by written notification placed in the U.S. Mail at least 10 days prior to the first Development Review Committee meeting at which the development project is to be considered. Such notification may be waived by the applicant, subdivider, developer, engineer, or applicant-designated representative where necessary to expedite review of a development project. Notice shall also be given to any individual group, association or organization that has requested in writing notification of meetings and hearings regarding the specific project or that has caused themselves to be properly placed on a mailing list of all DRC agendas.

Recommendation by report. Offices, officers, departments and agencies shall submit to the Development Review Committee their recommendations relative to the development projects or subdivisions being discussed at each meeting. Whenever possible, these reports should be in writing and in such detail that all interested parties will be properly informed in detail as to the recommended requirements, map revisions, and proposed conditions of approval.

Meetings open to the public. Environmental Review Committee meetings shall be open to the public, and any applicant, property owner, developer, subdivider, official of any agency, department, organization, or other person interested in a development project may attend any such meeting and present any appropriate testimony.

Notification. The applicant, developer, subdivider, the engineer, or other applicant-designated representative shall be notified of the date, time, and place of such meeting by written notification placed in the U.S. Mail at least 10 days prior to the first Environmental Review Committee meeting at which the development project is to be considered. Notice shall also be given to any individual group, association or organization that has requested in writing notification of meetings and hearings regarding the specific project or that has caused themselves to be properly placed on a mailing list of all ERC agendas.

Recommendation by report. Offices, officers, departments, and agencies shall submit to the Environmental Review Committee their recommendations relative to the development projects or subdivisions being discussed at each meeting. Whenever possible, these reports should be in such detail that all interested parties will be properly informed in detail as to the recommended requirements, map revisions, proposed conditions of approval, and any proposed environmental determination or action.

Permit review.

Use of other basic flood data. When base flood elevation data has not been provided, the Floodplain Management Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from federal, state or other sources, in order to administer the Development Standards and provisions established by the Floodplain Safety Overlay District.

Whenever a watercourse is to be altered or relocated and is within a Floodplain Safety Overlay District or within an area identified as subject to flooding in any City-approved Flood Hazard Study, the Floodplain Management Administrator or designee shall perform the following actions.

Obtain and maintain for public inspection and make available the certifications required for developments within the Floodplain Overlay District.

Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). Any person contesting the location of the boundary may appeal the interpretation in accordance with the provisions of this Code.

Take action to prosecute violations of the Flood Safety provisions of this Code as specified in Section 85.020315 herein.