Yucaipa City Zoning Code

General Plan Amendment.

Amendment of Development Code.

Specific Plan Adoption and Amendment.

Agricultural Preserves/Land Conservation Contract Actions.

Conditional Use Permit.

Planned Development Review.

Land Use Compliance Review.

Occupancy Verification (Reserved).

Certificate of Land Use Compliance.

Special Use Permit.

Temporary Use Permit.

Sign Location Plan.

Variances.

Flood Hazard Development Review.

Pre-Construction Inspection.

Tentative and Final Map.

Parcel Maps and Minor Subdivisions.

Vesting Tentative Map.

Composite Development Plan.

Lot Line Adjustments.

Lot Mergers.

Reversions to Acreage.

Certificate of Subdivision Compliance.

Official Maps.

Resident-Initiated Mobilehome Park Conversion.

Notice shall be published once in a newspaper of general circulation in the respective community of the proposal for the following land use decisions using the Public Hearing procedure.

Notice shall be given by first class mail to any person who has filed a written request for a specific application.

Notice shall be given by first class mail or delivery to all surrounding property owners for land use decisions using the Public Hearing, Administrative Review, or Development Review procedures.

Notice shall be given by first class mail or delivery to all contiguous property owners for land use decisions using the Staff Review with Notice procedure.

Notice shall also be given, as required by Section 66451.3 of the California Government Code, in the case of a conversion of residential real property to a condominium project, community apartment project, or stock cooperative.

Notice may be given in such other manner as is deemed necessary or desirable.

In the case of an Environmental Impact Report, pursuant to California Government Code Section 65950.1, the Planning Agency shall approve or disapprove the project within 45 days after certification of the Environmental Impact Report for a tentative map or parcel map, and 90 days after the certification of the Environmental Impact Report for all other types of development projects.

In the case of a Negative Declaration, a reasonable extension of time shall not exceed the six months and an additional 90 days as referenced in California Government Code Sections 65950 and 65957 for all development projects, provided, however, that subdivisions shall be subject to the time limits specified in Division 8, unless a waiver has been obtained in accordance with subsection (d) below to allow for such an extension of time.

Unless adopted on an urgency basis or adopted pursuant to California Government Code Section 65858, land use ordinances shall become effective a minimum of 30 days after the second reading of the ordinance. In the case of an ordinance adopted pursuant to California Government Code Section 65962 regarding or affecting land use application fees, ordinances shall become effective no sooner than 60 days after the second reading of the ordinance.

Land use decisions made at Public Hearing by the Planning Agency other than decisions made by the City council shall be effective 11 days after the action of the Planning Agency, except when the tenth such day is not a City business day. In such instances, the land use decision shall become effective on the second consecutive City business day following such tenth day.

Land use decisions not made at a public hearing by a reviewing authority become effective 11 days after the written notice of the land use decision has been deposited in the U.S. Mail, except when the tenth such day is not a City business day. In such instances, the land use decision shall become effective on the second consecutive City business day following such tenth day.

Decisions regarding a request for the extension of time for a period beyond that granted by an approved land use application shall become effective 16 days after the written notice of such a decision has been deposited in the U.S. Mail or after the action has been taken by the Planning Agency at a public hearing, except when the fifteenth such day is not a City business day. In such instances, the decision shall become effective on the second consecutive City business day following such fifteenth day.

The land is donated and transferred no later than the date of approval of the final subdivision map, parcel map, or residential development application to the City or to a housing developer approved by the City and by this time the transferred land shall have all permits and approvals, other than building permits, necessary for the development of the very low income housing, with the exception of any design review that would be allowed pursuant to Government Code Section 65583.2(I), as the same may be amended from time to time, if the design has not been reviewed prior to the time of transfer.

The zoning classification and general plan designation of the land is appropriate for affordable housing and the land is or will be served by adequate public facilities and infrastructure.

The transferred land is at least one acre in size or sufficient size to permit development of at least 40 units.

There are appropriate zoning and development standards to make the development of the affordable units feasible.

The transferred land is within the boundary of the proposed development. The applicant may submit a written request to the City to allow the transferred land to be located within ¼ mile of the boundary of the proposed project.

The childcare facility shall remain in operation for a period that is as long as or longer than the period during which the density bonus units are required to remain affordable, pursuant to the State Density Bonus Law.

Of the children who attend the childcare facility, the children of very low-income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low-income households, lower income households, or families of moderate income, pursuant to the State Density Bonus Law.

An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility.

An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.

A minimum of 33 percent of the total units of the housing development shall be restricted and affordable to low-income or moderate-income households, or

A minimum of 15 percent of the total units of the housing development shall be restricted and affordable to lower-income households.

Identify the section and/or subdivision of the State Density Bonus Law under which the application is made. See Government Code Section 65915, subdivision (b), paragraph (2) for requirements related to lower income households, very low income households, senior citizen housing development, transitional foster youth housing development, disabled veterans housing development, housing development for homeless persons, and moderate income common interest development; see Government Code Section 65915, subdivision (h) for donations of land; see Government Code Section 65915, subdivision (h) for child care facilities; and see Government Code Section 65915.5 for conversion of apartments to condominium projects.

Quantify the total density bonus requested, along with the factual and legal basis for the request in accordance with the State Density Bonus Law and this code.

Identify any incentives or concessions requested by the applicant, along with the factual and legal basis for the request in accordance with the State Density Bonus Law and this code.

Identify any waivers, reductions, or modifications of development standards requested by the applicant, along with the factual and legal basis for the request in accordance with the State Density Bonus Law and this code.

Provide a preliminary sketch plan showing the context and compatibility of the proposed project within the surrounding area, the number, type, size, and location of buildings, and parking. The design of proposed affordable dwelling units shall be compatible with the market-rate dwelling units within the project. If a project is submitted as part of a land use entitlement, the plan details shall include the requirements listed as part of that permit application.

Provide information satisfactory to the Director to enable the City to determine whether the requirements of the State Density Bonus Law and this code have been met by the applicant, including, for example, the project cost per unit and whether any requested incentive or concession is necessary to make the housing units economically feasible. (See Government Code Section 65915, subdivision (d).) Such information may include capital costs, equity investment, debt service, projected revenues, operating expenses, and any other information deemed necessary by the Director.

Make payment for the requisite fees in connection with the application.

SB330 density bonus. Concurrent with the approval of any change in zone from a residential use to a less intensive nonresidential use (or other land use entitlement which will reduce housing capacity), a density bonus in the amount of 1.3 units for land currently zoned for multiple family residential development shall be assigned up to the amount of residential units impacted by the change in zone from a residential use to a less intensive nonresidential use (or other land use entitlement which will reduce housing capacity). This density bonus shall be available to applicants with a planning application for new residential development after the effective date of this section who desire to develop land currently zoned for multiple family residential development after the date of approval of the zone change resulting in a less intensive, nonresidential development (or other land use entitlement which will reduce housing capacity).

SB330 density credits. Concurrent with the approval of any general plan amendment or zoning ordinance amendment which will increase housing capacity above the amounts mandated for regional housing needs, a density credit shall be established equal to the amount of residential units created by the general plan amendment or zoning ordinance amendment that are above the amounts mandated for regional housing needs. The City Council may apply such density credit to any subsequent application for a general plan amendment or zoning ordinance amendment which would have the effect of reducing housing capacity. In no case shall such credit be used to reduce housing capacity below the amounts mandated for regional housing needs.

An ordinance for the adoption of a change in zone from a residential use to a less intensive nonresidential use (or other land use entitlement which will reduce housing capacity), shall include a determination establishing the existing residential capacity and identifying that these dwelling units will be made available for a residential density bonus pursuant to this section.

The total number of dwelling units allowed under this density bonus shall be calculated by multiplying the maximum density allowed under the applicable zoning designation (i.e., the maximum density listed in this title or the applicable specific plan designation), and multiplying the result by 1.3, for a thirty (30) percent density bonus up to the amount of residential units impacted by the change in zone from a residential use to a less intensive nonresidential use (or other land use entitlement which will reduce housing capacity). If the result, including the density bonus, contains a fraction of a unit, the number of allowable units shall be determined by rounding down to the nearest whole number if the fraction is below one-half. Calculations containing fractions of one-half or above shall be rounded up.

The unit is initially occupied by a person or family of very low, low, or moderate income, as required, and it is offered at an affordable housing cost and is subject to an equity sharing agreement, or

The unit is purchased by a qualified nonprofit housing corporation pursuant to a recorded contact that satisfies all the requirements specified in paragraph 10 of subsection (a) of Section 402.1 of the Revenue and Taxation Code and that includes the restrictions set forth in Government Code Section 65915(c)(2).

Documentation that the applicant is: (A) an individual with a disability, (B) applying on behalf of one or more individuals with a disability, or (C) a developer or provider of housing for one or more individuals with a disability;

The specific exception or modification to the Development Code provision, policy, or practice requested by the applicant;

Documentation that the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence;

If applicable, verification that the property is the primary residence of the person for whom reasonable accommodation is requested or will serve as the primary residence of persons with disabilities;

A filing fee in an amount as determined from time to time by resolution of the City Council, but not to exceed the reasonable estimated costs to the City in processing the application.

That the reasonable accommodation shall only be applicable to particular individual(s);

That the reasonable accommodation shall only be applicable to the specific use for which application is made; and/or

That any change in use or circumstances which negates the basis for the granting of the approval shall render the reasonable accommodation null and void and/or revocable by the City.

The requested accommodation is requested by or on behalf of one or more individuals with a disability protected by the Fair Housing Laws.

The request for reasonable accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the dwelling in accordance with the Fair Housing Laws.

The requested reasonable accommodation will not impose an undue financial or administrative burden on the City.

The requested accommodation will not require a fundamental alteration of the zoning or building laws, policies and/or procedures of the City.

The requested accommodation will not, under the specific facts of the case, result in a direct and significant threat to the health or safety of other individuals or substantial physical damage to the property of others.

Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability;

Whether the housing which is the subject of the request for reasonable accommodation will be occupied as the primary residence of one or more individual(s) protected by Fair Housing Laws;

Whether the individual(s) with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation;

In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants;

In the case of a residential care facility, whether the existing supply of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting.

Whether the requested accommodation would fundamentally alter the character of the neighborhood;

Whether the accommodation would result in a substantial increase in traffic or insufficient parking;

Whether granting the requested accommodation would substantially undermine any express purpose of either the City’s General Plan or an applicable specific plan;

In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.

The amount of the fee shall be calculated using the fee schedule established by resolution of the City Council.

One-half of the in-lieu fee required by this subsection shall be paid (or a letter of credit posted) prior to issuance of a building permit for all or any part of the residential development. The remainder of the fee shall be paid before a certificate of occupancy is issued for any unit in the residential development.

The fees collected shall be deposited in the inclusionary housing fund.

The City Council may annually review the fee authorized by this section by resolution, and may, based on that review, adjust the fee amount. For any annual period during which the City Council does not review the fee authorized by this section, fee amounts shall be adjusted once by the Director based on the annual increase in the Construction Cost Index for the Los Angeles region.

In the event the developer proposes to convey land to the City to fulfill the provisions of subsection (a) of this section, such land shall be conveyed to the City (or, if so designated by the City, the agency) prior to the issuance of a building permit for all or any part of the residential development. The value of the land shall be determined by the City based upon the land as vacant, unentitled property as determined by an appraiser, selected and retained by the City for such purpose. Only land located within the redevelopment project area will be eligible. In all cases, the City shall have discretion whether or not to accept land in satisfaction of the provisions of subsection (a). The Director may consider such factors as he/she deem relevant, including without limitation, slope, soils conditions, infrastructure, condition of title, readiness of the land for development and the availability or lack of funding of the City or the agency to effect development of affordable dwelling units on such land. The City’s costs in connection with any such approval shall be borne by the developer, but the hiring of the appraiser will be undertaken by the City.

Submit an inclusionary housing plan for approval by the Director, setting forth in detail the manner in which the provisions of this article will be implemented for the proposed residential development;

Execute and cause to be recorded a recordable instrument prepared by the City as part of an affordable housing production agreement (unless the developer is complying with this chapter pursuant to subsection (a) (in lieu fee) of Section 83.010920).

An inclusionary unit that is for rent shall remain reserved for the target income level group at the applicable affordable housing cost for a minimum of fifty-five (55) years.

An inclusionary unit that is for sale shall remain reserved for the target income level group at the applicable affordable housing cost for a minimum of forty-five (45) years.

Application of the inclusionary housing requirement to the residential development;

Application of density bonuses and other incentives available in connection with the development of affordable units within the residential development; and

External funding where reasonably likely to occur.

That the cancellation is consistent with the purposes of the Williamson Act.

That the cancellation is in the public interest.

That the cancellation is for land on which a notice of nonrenewal has been served pursuant to Section 51245 of the California Government Code.

That the cancellation is not likely to result in the removal of adjacent lands from agricultural use.

That the cancellation is for an alternative use which is consistent with the applicable provisions of the City’s General Plan.

The cancellation will not result in discontinuous patterns of urban development.

That there is no proximate noncontracted land which is both available and suitable for the use to which it is proposed the contracted land be put, or that development of the contracted land would provide more contiguous patterns of urban development than development of proximate noncontracted land.

That other public concerns substantially outweigh the objectives of the Williamson Act.

That there is no proximate noncontracted land which is both available and suitable for the use to which it is proposed the contracted land be put, or that development of the contracted land would provide more contiguous patterns of urban development than development of proximate noncontracted land.

The operation of an existing parolee home (unless it was established prior to the effective date of this ordinance).

Any changes in the operating conditions from what was originally imposed by the City, including, but not limited to, the number of parolees or other modifications to the conditions of approval.

Any changes in the operating conditions of an existing parolee home that was lawfully established prior to the effective date of this ordinance.

The sale, transfer, or new lease agreement of a parolee home to another individual or entity.

The re-establishment of an existing parolee home that has not been occupied by parolees for a consecutive period of thirty (30) days.

The site for the proposed use is adequate in size and shape to accommodate the proposed use and all yards, open spaces, setbacks, walls and fences, parking areas, loading areas, landscaping, and other features pertaining to the application.

The site for the proposed use has adequate access, meaning that the site design incorporates street and highway limitations.

The proposed use will not have a substantial adverse effect on abutting property or the permitted use thereof, meaning that the use will not generate excessive noise, vibration, traffic, or other disturbance. In addition, the use will not substantially interfere with the present or future ability to use solar energy systems.

The proposed use is consistent with the goals, policies, standards, and maps of the General Plan and any applicable plan.

The lawful conditions stated in the approval are deemed necessary to protect the public health, safety, and general welfare.

The design of the site has considered the potential for the use of solar energy systems and passive or natural heating and cooling opportunities.

The remaining normal life of the existing nonconforming use shall be determined pursuant to provisions specified in this Code prior to consideration of the proposed alteration if in a residential district.

The proposed alteration shall not prolong the normal life of the existing nonconforming use.

The alteration of the existing nonconforming use shall not be detrimental to or prevent the attainment of objectives, policies, general land use, and programs specified in the City’s General Plan.

The granting of permission to alter the nonconforming use shall not be substantially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in the vicinity and district in which the use is located.

The alteration shall not change the primary use of the land or increase the intensity of that use.

The existing nonconforming use shall comply with all other existing City regulations including, but not limited to, those applicable to and enforced by the County Department of Environmental Health Services, Office of Building and Safety, and the County Sheriff’s Department.

Any alteration required by governmental or court action shall be exempt from these conditions.

Identify and quantify the constraints and opportunities for development as follows.

Establish a list of specific limits, parameters, and planning objectives to guide development based on the identified development constraints and opportunities.

Describe one or more potential development schemes derived from the limits, parameters, and planning objectives controlling the development. Each proposed development scheme shall describe the following.

Set forth in the form of a written text, maps and/or diagrams, a detailed plan of development based upon the application of the established limits, parameters, and planning objectives controlling development. Said plan shall describe in detail the following.

An applicant may file the Preliminary with the Final Development Plan, with the consent of the Community Development Director.

An application for a Preliminary Development Plan shall encompass all the land included within the planned development. A Final Development Plan may be for a portion of the land included within the planned development or a phase thereof, provided that the following conditions are met.

A Land Use Compliance Review shall be required to authorize an expansion or change of use which would require additional parking or have an occupant load of more than thirty (30), or result in the development of up to four (4) additional multi-family units in an existing project.

A Land Use Compliance Review shall be required to authorize the expansion, alteration, or disturbance of land associated with an existing commercial, industrial, institutional, or multiple residential use which cumulatively involves no more than twenty-five percent (25%) or five hundred (500) square feet (whichever is greater) of the ground area covered by the land use or square footage of the original permitted structure.

A Land Use Compliance Review shall be required when an existing publicly owned institutional structure which is less than ten thousand (10,000) square feet in area is altered or expanded by no more than five thousand (5,000) square feet.

Authorize the construction or addition of new freestanding or monument signs.

Authorize the construction of a secondary dwelling unit as defined by, and subject to the standards set forth in, Section 84.0510(a)(1).

Authorize the construction of up to ten (10) multi-family dwelling units, unless otherwise specified by an applicable plan.

Authorize the conversion of a residential structure from a residential land use to an office land use. (Conversion to a retail commercial land use requires a Conditional Use Permit.)

Authorizes the construction of multiple residential dwelling units in high density multiple residential (RM-24) districts, or high density and mixed-use commercial development where permitted.

Authorize the construction of an accessory dwelling unit as defined by, and subject to the standards set forth in, Section 84.0570.

Reauthorize a previously approved Conditional Use Permit, Planning Use Permit or similar land use entitlement that has been expired within the past year, provided there have been no updates to applicable Development Code standards or General Plan policies that would require modifications to the previously approved project design.

Authorize a state-licensed Congregate Living Health Facility (CLHF) that meets the provisions of California Health and Safety Code 1267.16(c) for persons who are terminally ill in any residential district.

Any of the conditions or terms of such permit are violated; or

Any law or ordinance violated in connection therewith; or

The permit was obtained by fraud or misrepresentation; or

The use permit as implemented is detrimental to the public health or safety or is a nuisance.

The proposed project must be categorically exempt from California Environmental Quality Act.

The proposed project is adjacent to one or more abutting properties in the same land use district which are developed or is proposed to serve the needs of the travelling public or rural residents.

There is existing supportive infrastructure (roads, water, sewer or septic, etc.) to accommodate the proposed use that is consistent with the designated improvement level.

The proposed project cannot be dependent upon the concurrent filing of any other land use application.

The project must be planned for immediate development. Phased-development projects will not be considered for Planning Use Permit.

The site for the proposed use is adequate in size and shape to accommodate the proposed use and all yards, open spaces, setbacks, walls and fences, parking areas, loading areas, landscaping, and other required features.

The site for the proposed use has adequate access, meaning that the site design incorporates street and highway limitations.

The proposed use will not have a substantial adverse effect on abutting property or the permitted use thereof, meaning that the use will not generate excessive noise, vibration, traffic, or other disturbance. In addition, the use will not substantially interfere with the present or future ability to use solar energy systems.

The proposed use is consistent with the goals, policies, standards, and maps of the General Plan and any applicable Specific Plan.

The lawful conditions stated in the approval are deemed necessary to protect the public health, safety, and general welfare.

The design of the site has considered the potential for the use of solar energy systems and passive or natural heating and cooling opportunities.

A Temporary Use Permit shall not be extended by any reviewing authority for any period of time to exceed ten (10) years after the date the Temporary Use Permit was first issued.

The Community Development Director or Building Official may approve such permits or extensions of such permits for shorter periods of time and/or subject to conditions where required by this chapter or where it is determined reasonable and necessary to do so.

Prior to issuing a Temporary Use Permit, extension or renewal for the last allowed period of time (normally between the eighth and tenth such years), the permittee shall submit and obtain approval from the Community Development Director or Building Official of a plan of action to either remove or replace the subject temporary use with a legally established permanent use.

A temporary use or structure which does not have a valid and current permit is hereby declared to be a public nuisance, subject to the enforcement provisions of this Code and other applicable laws.

A change of ownership or operator of a use or structure subject to a Temporary Use Permit or a change of structure or modification of the structure or use allowed on a parcel subject to a Temporary Use Permit shall not affect the time periods established by this chapter to allow such temporary uses or structures.

When the last period of time allowed by this chapter has lapsed, the Temporary Use Permit and any extension thereof shall be considered void. A temporary use or structure that was allowed on a subject parcel previously by a Temporary Use Permit may not be reinstated by a new Temporary Use Permit for any time period beyond the final period of time that would have been allowed by the original Temporary Use Permit.

Signs constructed in accordance with the proposed Sign Location Plan will be compatible with the character of the community or communities in which the sign structures are to be located.

The construction of sign structures in accordance with the proposed Sign Location Plan will not have an adverse affect upon properties adjoining the proposed sign location.

The construction of sign structures in accordance with the proposed Sign Location Plan will be consistent with the policies contained within the City’s General Plan and any other applicable plan.

Parking improvements.

Up to 30% of parking and loading space requirements, not to exceed two spaces.

Up to 40% of front yard setback requirements, but no closer to the property line than 18 feet.

Up to 40% of side yard setback requirements, but no closer than three feet from property line.

Up to 30% of rear yard setback requirements, but no closer than 10 feet from property line.

Up to 30% of area requirements, excluding lot area requirements.

Up to 30% of height limitations, except that any height deviation not exceeding two feet in height shall also be considered a Minor Variance.

Up to 30% of sign height and setback limitations.

Up to 100% of sign number limitations, not to exceed four signs.

Up to 30% of standards set forth in overlay districts.

Sign area limitations not to exceed 10% of total sign area.

Up to 50% of maximum gross floor area requirements.

Up to 20% of minimum floor width of single residential design standards.

The granting of such variance will not be materially detrimental to other properties or land uses in the area and will not substantially interfere with the present or future ability to use solar energy systems.

There are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply to other properties in the same district or vicinity.

The strict application of the land use district deprives such property of privileges enjoyed by other properties in the vicinity or in the same land use district.

The granting of the variance is compatible with the objectives, policies, general land uses, and programs specified in the City’s General Plan and any other applicable plan.

Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures in any flood prone area and the elevation of highest adjacent grade.

Proposed elevation in relation to mean sea level to which any structure will be floodproofed.

All appropriate certifications stated in section 82.0601(d).

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

A plot plan of the property proposed to be developed showing floodways and floodplains, including adjoining properties necessary to be shown for continuity.

The accurate contour of the land at intervals of not more than two feet if the general slope of the land is less than 10% or of not more than five feet if the general slope of the land is 10% or more.

Elevations, in relation to mean sea level, of the area to be developed, including adjoining properties necessary to be shown for continuity.

The method by which the applicant proposes to comply with the requirements of this section, including proposed elevations of any structures or fills, flood-proofing, and any proposals to modify the existing flow of storm waters, and any other relevant information.

After reviewing any request filed under the provisions of this section, the City shall either approve, approve with modifications or conditions, or deny the proposed land use applicant or development permit.

The base flood elevation in any area designated as an FPI Overlay District.

The adjacent ground level in any area designated as an FP2 Overlay District.

If the reviewing authority determines no such evidence exists, it shall be indicated in writing that the site has passed the pre-construction Flood Hazard Inspection.

If evidence of a discernible watercourse exists, the reviewing authority shall require a Flood Hazard Development Review by the City Engineer which will provide further review of the site and the proposed improvements.

If the applicant is an individual, the individual shall state his or her legal name, including any aliases, address, and submit satisfactory written proof that he or she is at least eighteen (18) years of age.

If the applicant is a partnership, the partners shall state the partnership’s complete name, address, the names of all partners, dates of birth, and all aliases used by all of the partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any.

If the applicant is a corporation, the corporation shall provide its complete corporate name, the date and state of its incorporation, evidence that the corporation is in good standing under the laws of California, the legal names, dates of birth, all aliases used, and the capacity of all officers and directors and principal stockholders (i.e., all stockholders with ten percent (10%) or more of all outstanding shares of stock), and the name of the registered corporate agent and the address of the registered office for service of process.

Had a previous permit under this article revoked, as well as the date of such revocation;

Whether the applicant has been a partner in a partnership or an officer, director or principal stockholder of a corporation whose permit under this article has been revoked, as well as the date of the revocation; and

Whether the applicant, if an individual, or any of the officers or general partners, if a corporation or partnership, have been found guilty or pleaded non contendere within the past four (4) years of a misdemeanor or a felony classified by the State as a sex or sex-related offense, and if so the date and place of the conviction.

Whether the applicant has had a license pursuant to this article or other similar regulations of another city or county denied, suspended, or revoked, including the name and location of the sexually-oriented business for which the license was denied, suspended, or revoked as well as the date of the denial, suspension, revocation, and whether the applicant or any other individuals listed pursuant to this section has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is licensed under this Section whose license has previously been denied, suspended or revoked, including the name and location of the sexually-oriented business for which the license was denied, suspended or revoked as well as the date of the denial, suspension or revocation.

Whether the applicant or any other individual listed pursuant to this section holds any other permits and/or licenses under this ordinance or other similar sexually-oriented business ordinance in another city or county and if so, the names and location of such other permitted and/or licensed business(es) and the permitting jurisdiction.

A recent photograph of the applicant, and the applicant’s driver’s license number, Social Security Number, and/or his/her/its State or Federally issued tax identification number.

The city manager shall write or stamp “Granted” or “Denied” on the application and date and sign such notation.

If the application is denied, the city manager shall attach to the application a statement of the reasons for denial.

If the application is granted, the city manager shall attach to the application a sexually-oriented business license.

The application as granted or denied and the license, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the notice address stated in the application.

The applicant’s legal name and any other names (including “stage names” and aliases) used by the applicant;

Age, date and place of birth;

Height, weight, hair and eye color, tattoo descriptions and locations;

Present residence address and telephone number;

Whether the applicant has ever been convicted of:

Whether such person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If any person mentioned in this subsection has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement shall be submitted giving the place of such registration, licensing or legal authorization, and the inclusive dates during which such person was so licensed, registered or authorized to engage in prostitution;

State driver’s license, social security number or identification number;

Satisfactory written proof that the applicant is at least eighteen (18) years of age;

The applicant’s fingerprints on a form provided by the police department, and a color photograph clearly showing the applicant’s face, taken within the last six months of the date of the permit application. Any fees for the photographs and fingerprints shall be paid by the applicant; and

If the application is made for the purpose of renewing a license, the applicant shall attach a copy of the license to be renewed.

The police chief shall write or stamp “Granted” or “Denied” on the application and date and sign such notation,

If the application is denied, the police chief shall attach to the application a statement of the reasons for denial.

If the application is granted, the police chief shall attach to the application a sexually-oriented business entertainer license.

The application as granted or denied and the license, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the residence address stated in the application.

The applicant has knowingly made any false, misleading or fraudulent statement of a material fact in the application for a license or in any report or document required to be filed with the application.

The applicant is under eighteen (18) years of age.

The sexually-oriented business entertainer license is to be used for performing in a business prohibited by state or city law.

The applicant has been registered or licensed in any state as a prostitute.

The applicant has been convicted of any of the offenses enumerated in Section 83.0301260(d)(5) or convicted of an offense outside the state of California that would have constituted any of the described offenses if committed within the state of California. A license may be issued to any person convicted of the described crimes if the conviction occurred more than five years prior to the date of the application.

All parties involved shall have the right to offer testimonial, documentary, and tangible and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The police chief’s decision may be appealed to the city council in accordance with Section 83.0301275.

The licensee has knowingly made any false, misleading or fraudulent statement of material facts in the application for a license, or in any report or record required to be filed with the city.

The licensee, employee, agent, partner, director, stockholder or manager of a sexually-oriented business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the sexually-oriented business, or in the case of a sexually-oriented business entertainer, the licensee has engaged in one of the activities described below while on the premises of a sexually-oriented business:

Failure to abide by any disciplinary action previously imposed by an appropriate city official.

A warning;

Suspension of the license for a specified period not to exceed six months; or

Revocation of the license.

Any decision of the police chief to issue or deny a license may be appealed to the city council. Any appeal shall be filed in writing within ten (10) days following notice of issuance or denial, and shall state the grounds upon which review is sought. The appeal hearing will be scheduled for hearing and the city council will render a decision all within fifteen (15) days of the filing of the appeal with the city clerk. At the hearing, all parties shall have the right to offer testimonial, documentary and other tangible evidence on the issues; may be represented by legal counsel; and shall have the right to examine and cross-examine witnesses. Any relevant evidence upon which reasonable persons are accustomed to rely on in the conduct of serious matters may be admitted.

All decisions made by the city council regarding the issuance or denial of a license subject to this article shall become final five calendar days after mailing of the notice of determination. After any final denial of a license authorized by this article, the applicant, licensee may seek prompt judicial review of such decision in a court of competent jurisdiction as provided by law, pursuant to California Code of Civil Procedure Section 1094.5 et seq., and pursuant to the expedited judicial review set forth in California Code of Civil Procedure Section 1094.8.

Any decision of the police chief to renew or to deny renewal, to suspend or revoke a license may be appealed to the city council. Any appeal shall be filed in writing within ten (10) business days following notice of renewal, non-renewal, suspension or revocation of a license, and shall state the grounds upon which review is sought. The appeal hearing will be scheduled for hearing and the city council will render a decision all within fifteen (15) days of the filing of the appeal with the city clerk. At the hearing, all parties shall have the right to offer testimonial, documentary and other tangible evidence on the issues; may be represented by legal counsel; and shall have the right to examine and cross-examine witnesses. Any relevant evidence upon which reasonable persons are accustomed to rely on in the conduct of serious matters may be admitted.

If the police chief denies the renewal of a license, or if a license has been suspended or revoked, and the aggrieved applicant/licensee timely commences an appeal to review the validity of the denial, suspension or revocation, upon written request of the applicant/licensee, the city shall issue a temporary permit pending the final determination on the appeal. The temporary permit shall remain in effect throughout the administrative appeal process and for ninety (90) calendar days following the date the administrative determination is final. In the event the applicant/licensee fails or refuses to seek judicial review within such ninety (90) calendar days, the temporary permit shall thereon expire without further notice and the applicant/licensee shall cease all operations thereunder. Any temporary permit issued pursuant to this section shall not grant any vested rights to the holder of the temporary permit.

All decisions made by the city council regarding the renewal, non-renewal, suspension or revocation of a license subject to this article shall become formal five calendar days after mailing of the notice of determination. After any formal denial of a license authorized by this article, the applicant/licensee may seek prompt judicial review of such decision in a court of competent jurisdiction as provided by law, pursuant to California Code of Civil Procedure Section 1094.5 et seq., and pursuant to the expedited judicial review set forth in California Code of Civil Procedure Section 1094.8.

All interior areas of the sexually-oriented business shall be illuminated at a minimum of the following foot-candles, minimally maintained and evenly distributed at ground level:

All off-street parking areas and building entries serving the sexually-oriented business shall be illuminated during all hours of operation with a lighting system designed to provide an average maintained horizontal illumination of four foot-candles of light on the parking surface and/or walkway. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the sexually-oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and theft. A lighting plan, prepared by a licensed lighting engineer, shall be shown on the required site or plot plan and shall be subject to review by the building official and the police department.

Sexually-oriented businesses shall employ security guards in order to maintain the public peace and safety, based upon the following standards:

A video camera surveillance system shall be installed and operational during business hours, providing continuous coverage and recordation of both the interior of the building and the parking lot areas. Location of the surveillance cameras shall be approved by the police chief.

An annual review for adequacy of security will be conducted to ascertain if there has been an increase in calls for emergency services.

If the theater contains a hall or auditorium area, the area shall comply with each of the following provisions:

If the theater is designed to permit outdoor viewing by patrons seated in automobiles, it shall have the motion picture screen so situated, or the perimeter of the establishment so fenced, that the material to be seen by those patrons may not be seen from any public right-of-way, child day care facility, public park, school, or religious institution or any residentially zoned property occupied with a residence.

Video viewing booths/viewing rooms shall remain unobstructed by any doors, walls, furniture or fixtures, merchandise, display racks, or other materials at all times. No patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted.

No video viewing booth/viewing room may be occupied by more than one person at any one time.

The walls or partitions between video viewing booths/viewing rooms shall be maintained in good repair at all times, with no holes between any two such rooms such as would allow viewing from one booth or room into another or such as to allow physical contact of any kind between the occupants of any two such booths or rooms.

Customers, patrons or visitors shall not be allowed to stand idly by in the vicinity of any such viewing room/booth, or to remain in the common area of such business, other than the rest rooms, who are not actively engaged in shopping for or reviewing the products available on display for purchaser viewing. Signs prohibiting loitering shall be posted in prominent places in and near the viewing rooms/booths.

The floors, seats, walls and other interior portions of all video viewing booths/rooms shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any such booths or rooms shall be evidence of improper maintenance and inadequate sanitary controls; repeated instances of such conditions may justify suspension or revocation of the sexually-oriented business license.

No live entertainer, either before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after performances by such entertainer. In addition, while on the premises, no entertainer shall have physical contact with a patron and no patron shall have physical contact with an entertainer, which physical contact involves the touching of the clothed or unclothed genitals, pubic area, buttocks, cleft of the buttocks, perineum, anal region, or female breast with any part or area of any other person’s body either before or after any adult live entertainment by such entertainer. When patrons are present at the establishment, they shall not be allowed to, and shall not, directly touch, fondle or caress (as those terms are defined in Key, Inc. v. Kitsap County (9th Cir., 1986) 793 F.2d 1053) the entertainers while they are performing. This subsection shall only apply to physical contact on the premises of the sexually-oriented business. This prohibition does not extend to incidental touching. Patrons shall be advised of the separation and no touching requirements by signs placed on the barrier between entertainers and patrons, and if necessary by employees of the establishment.

Live entertainers shall be restricted to performing in accordance with subparagraph (a) of this section.

Each live entertainer for a sexually-oriented business shall be required to obtain a sexually-oriented entertainer license pursuant to this article.

The City has adopted a housing element pursuant to Article 10.6 of Chapter 3 of Division 1 of Title 7 of the Government Code (Article 10.6) that has been revised in accordance with Government Code Section 65588, is in substantial compliance with Article 10.6, and the City has met or exceeded its share of the regional housing need allocation pursuant to Government Code Section 65584 for the planning period for the income category proposed for the housing development project, provided that any disapproval or conditional approval shall not be based on any of the reasons prohibited by Government Code Section 65008. If the housing development project includes a mix of income categories, and the City has not met or exceeded its share of the regional housing need for one or more of those categories, then this subsection shall not be used to disapprove or conditionally approve the project. The share of the regional housing need met by the City shall be calculated consistently with the forms and definitions that may be adopted by the Department of Housing and Community Development pursuant to Government Code Section 65400.

The housing development project as proposed would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low-and moderate-income households. As used in this subsection, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety.

The denial of the project or imposition of conditions is required in order to comply with specific State or Federal law, and there is no feasible method to comply without rendering the development unaffordable to low-and moderate-income households.

The housing development project is proposed on land zoned for agriculture or resource preservation that is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water or wastewater facilities to serve the project.

The housing development project is inconsistent with both the City’s zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete, and the City has adopted a revised housing element in accordance with Government Code Section 65588 that is in substantial compliance with State law.

The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this subsection, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to subsection (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.

Residential units only;

Mixed-use developments consisting of residential and nonresidential uses in which nonresidential uses are limited to neighborhood commercial uses and to the first floor of buildings that are two or more stories. As used in this subsection, “neighborhood commercial” means small-scale general or specialty stores that furnish goods and services primarily to residents of the neighborhood;

Transitional housing or supportive housing.

Procedure: Public Hearing.

Reviewing authority: Planning Commission.

Procedure: Staff Review without Notice.

Reviewing authority: Community Development Director.

The proposed subdivision, together with the provisions for its design and improvements, is consistent with the General Plan and any applicable specific plan.

The site is physically suitable for the type and proposed density of development.

The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially or avoidably injure fish or wildlife or their habitat.

The design of the subdivision or the type of improvements are not likely to cause serious public health problems.

The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or the use of property within the proposed subdivision.

The design of the subdivision provides, to the extent feasible, passive or natural heating and cooling opportunities.

The proposed subdivision, its design, density, and type of development and improvements conform to the regulations of the Development Code and the regulations of any public agency having jurisdiction by law.

If the proposed subdivision is a conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project, the Planning Agency must make the additional finding that the proposed subdivision shall comply with the requirements of California Government Code Sections 66427.1(a) and 66452.10 prior to approving the proposed subdivision.

In the event that the land within a proposed subdivision is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (commencing with Section 51200 of Chapter 7 of Division 1 of Title 5 of the California Government Code), and the lot areas are less than that required in Section 83.040220(a)(2)(C), the planning agency must make one of the following additional findings in order to approve the subdivision.

Land project determination.

A condominium is constructed or an existing structure is converted to a condominium on a single parcel shown on a Final Map or Parcel Map recorded after January 1, 1960, provided, however, that the City Planner may require a Tentative and Final Map for the purposes of obtaining improvements, additional easements and dedications, or for other circumstances which warrant the filing of a new map.

The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required by the legislative body.

Each lot created by the division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway.

The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land with a land use district which allows for industrial or commercial development and which has the approval of the governing body as to street alignments and widths.

Each lot created by the division has a gross area of 40 acres or more, or each of which is a quarter of a quarter section or larger.

The subdivider, at the time the Tentative Map is filed, shall inform the Planning Agency of the subdivider’s intention to file multiple Final Maps on such Tentative Map.

After the filing of the Tentative Map, the Planning Agency and the subdivider concur in the filing of multiple Final Maps.

A subdivider filing multiple Final Maps shall show the boundary limits of each phase and designate the sequence of filing to the satisfaction of the Development Review Committee.

Each Tentative Map shall be drawn to an engineer’s scale and shall clearly show the details of the plan thereon. Wherever practicable, such scale shall be one inch to 100 feet or less, and in no case shall the scale be smaller than one inch to 200 feet.

The tentative maps shall show or be accompanied by the following information.

Tract number. Prior to filing a Tentative Map of a subdivision or Reversion to Acreage, a licensed engineer or surveyor shall obtain a tract number or numbers from the County Recorder. When a number has been assigned by the County Recorder for the subdivision of a particular parcel of land, the subdivider shall place this same number upon each Tentative Map of the subdivision, and the number issued shall not thereafter be changed or altered in any manner upon the Tentative Map of the subdivision unless and until a new number shall have been assigned by the County Recorder.

It shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester-base film. Certificates, affidavits, and acknowledgements may be legibly stamped or printed upon the map with opaque ink. If ink is used on a polyester-base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

The size of each sheet shall be 18" x 26". A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be large enough to show all details clearly, and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown.

All survey and mathematical information and data necessary to locate all monuments and to locate and retrace any and all interior and exterior boundary lines appearing thereon shall be shown, including bearings and distances of straight lines, and radii and area length or chord bearings and length of all curves, and such information as may be necessary to determine the location of the centers of curves and ties to existing monuments used to establish the subdivision boundaries.

Each lot shall be numbered. Each street shall be named.

The exterior boundary of the land included within the subdivision shall be indicated by an opaque ink line three times as wide as the widest line on the map, excluding the border line. The map shall show the definite location of the subdivision, and particularly its relation to surrounding surveys.

If the map includes a remainder parcel, and the gross area of the remainder parcel or similar named parcel is five acres or less, it shall be surveyed and mapped. If the remainder parcel or similar named parcel is more than five gross acres, that parcel shall show record information and parcel size only.

Proposed public areas and drainage easements shall be shown.

Additional notes which do not affect record title interests shall not be shown on the Final Map. Where a Composite Development Plan has been required, a prominent note shall be placed below the Surveyor’s Notes on the final map in one-quarter (1/4) inch high, bolded, block letters, stating the following.

COMPOSITE DEVELOPMENT PLAN NOTE

A Composite Development Plan (C.D.P.) affecting this map is on file in the City of Yucaipa, Office of Building and Safety.

Dedications of or offers to dedicate interests in real property for specified public purposes shall be made by a certificate on the title page of the Final Map, signed and acknowledged by those parties having any record title interest in the real property being subdivided, subject to the provisions of the Subdivision Map Act.

In the event that any street shown on a subdivision map is not offered for dedication, the certificate may contain a statement to this effect. If such statement appears on the map and if the map is approved by the City Council the use of any such street or streets by the public shall be permissive only.

Any offer of dedication of real property for street or public utility easement purposes shall be deemed not to include any public utility facilities located on or under such real property unless an intent to dedicate such facilities is expressly stated in the certificate, and then only to the extent so stated.

Any dedication or agreements required within the remainder parcel of a Final Map shall be executed by the legal owners of record and any holder in a beneficial interest in a trust deed.

The Final Map shall contain a certificate for execution by the City Clerk stating that the City Council approved the map and accepted, subject to improvement, or rejected on behalf of the public, any real property offered for dedication or public use in conformity with the terms of the offer of dedication.

A certificate is required indicating the engineer or surveyor responsible for the survey and Final Map. This certificate shall give the date of the survey, state that the survey and Final Map were made by the engineer or surveyor, and indicate that the survey is true and complete as shown.

The certificate shall also state that all the monuments are of the character and occupy the positions indicated, or that they will be set in such positions on or before a specified later date. The certificate shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced.

At least one exterior boundary line of the land being subdivided shall be adequately monumented or referenced before the map may be recorded.

The County Surveyor shall issue a certificate if all of the following requirements have been met.

The County Surveyor shall complete and file, with the City Clerk, the certificate as required by this section within 20 days from the time the Final Map is submitted to the County Surveyor by the subdivider for approval.

At the time the subdivider presents the Final Map, there shall be presented releases executed by the various public utilities, including cable television services as to location of their facilities and that satisfactory arrangements have been made for the establishment of any easements required for such facilities. The failure of any said public utility to notify the County Surveyor of the need for such easements within 20 days of receipt of the advance copy of the Final Map shall be deemed notice that said provisions and arrangements have been made and no further release shall be required.

The Planning Agency shall approve, conditionally approve, extend, or disapprove the map or maps of the proposed subdivision within 50 days after an application for a Tentative Map has been filed, deemed completed and accepted for filing, except as otherwise provided by the Subdivision Map Act. An official copy of the Planning Agency’s action shall be filed with the Tentative Map and be reported directly to the subdivider and to the Real Estate Commission of the State of California. If no action is taken upon a Tentative Map by the Planning Agency within the time limits specified in this division or any authorized extension thereof, the Tentative Map as filed shall be deemed to be approved insofar as it complies with other applicable requirements of this division, other applicable ordinances of the City of Yucaipa, and all applicable State laws, and it shall be the duty of the City Clerk and the Planning Commission Secretary to certify such approval. This section shall be inapplicable to extensions of time which are reasonable and required in order to comply with any provision of State law, including the requirements for compliance with the California Environmental Quality Act of 1970. Provided, however, if an Environmental Impact Report (EIR) is prepared, the 50-day period specified in this section shall not be applicable, and the Planning Agency shall take action upon the Tentative Map within 45 days after certification of the EIR. Any revised Tentative Map or portion thereof filed with the Planning Agency shall comply with the requirements in effect at the time such revised map is considered by the Planning Agency.

A Tentative Map shall not be approved in the following cases.

The approval or conditional approval by the Advisory Agency of any revised or new Tentative Map shall annul all previous designs and approvals thereof.

When modifications in design are conditions of approval of a Tentative Map, the subdivider shall, at least 30 days prior to the submission of Final Maps, submit the 10 copies of the Tentative Map as modified to the Planning Agency for distribution to the Development Review Committee representatives.

County Fire Warden.

Building Official.

Director of the Department of Community Development.

City Engineer.

District Engineer of the California Department of Transportation, if a Federal or State highway is involved.

Any municipality entitled thereto.

Other public agencies or officers who, as determined by the Planning Agency, have an interest in the proposed subdivision.

Any appropriate public utilities and cable television system.

Required action in the case of waste discharge violations. The Development Review Committee shall report to the Planning Agency as to whether the discharge of waste from the proposed subdivision into an existing community sewer system will result in the violation of existing requirements prescribed by a California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the California Water Code. In the event that the Planning Agency finds that the proposed waste discharge would result in or add to violation of the requirements of such Board, it may disapprove the Tentative Map or maps of the subdivision or take such other action as may be permitted by the policies of the City Council.

If the subdivider is subject to a requirement of $125,000 or more to construct or improve or finance the construction or improvement of public improvements outside the boundaries of the Tentative Map in order to obtain a Final Map, each filing of a Final Map that is part of a series of multiple Final Maps authorized by Section 83.040201(c) of this Code and California Government Code Section 66456.1 shall extend the expiration of the approved or conditionally approved Tentative Map and any associated development project by 36 months from the date of its expiration as provided in this section, or the date of the previously filed Final Map, whichever is later. Such extensions shall not extend the Tentative Map more than 10 years from its approval or conditional approval. However, a Tentative Map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) of Article 4 of Division 1 of the California Government Code may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased Final Maps which may be filed shall be determined by the Planning Agency at the time of the approval or conditional approval of the Tentative Map. It shall be the responsibility of the developer to notify the Office of Planning of the filing of the Final Map so that appropriate arrangements may be made to document such extension.

“Public improvements,” as used in this section, include traffic controls, streets, roads, highways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.

This period of time shall not include any period of time during which a moratorium, imposed after approval of the tentative map, is in existence, provided, however, that the length of the moratorium does not exceed five years.

Once a moratorium is terminated, the map shall be valid for the same period of time as that which remained of the map approval period at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium.

In addition, this period of time, including any extension granted pursuant to subsection (f), shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map if a stay of the time period is approved by the city pursuant to this section. Within 10 days of the service of the initial petition or complaint in the lawsuit upon the city, the subdivider may apply to the city for a stay pursuant to the city’s adopted procedures. Within 40 days after receiving the application, the city shall either stay the time period for up to five years or deny the requested stay.

Traverse sheets showing closures with allowable limits of exterior boundary and of irregular blocks and lots in subdivision.

Preliminary title report.

Fees for examining Final Map in the amount specified in the City Schedule of Fees adopted by the City Council.

In the case of the conversion of residential property to a condominium, community apartment, or stock cooperative, evidence shall be submitted that the notices of intention to convert to prospective tenants, as required by California Government Code Section 66427.1, have been given.

Composite Development Plan as subject to the provisions of Article 5 of this division.

Any additional information as may be required by the Planning Agency or City standards shall be submitted to the appropriate City department.

The City Council shall, within a period of 10 days after the filing of the Final Map for approval or at its next regular meeting after the meeting at which it receives the map, whichever is later, approve the map if it conforms to all the requirements of the Subdivision Map Act and this division applicable at the time of approval or conditional approval of the Tentative Map and any rulings made thereunder or, if it does not so conform, disapprove the map.

If the Council does not approve or disapprove the map within the prescribed time, or any authorized extension thereof, and the map conforms to all said requirements and rulings, it shall be deemed approved, and the City Clerk shall certify its approval thereon.

Except as provided below, lots created by a subdivision of land shall abut upon a recorded dedicated public right-of-way of a width as established by the City Master Plan of Highways or City Highway Right-of-Way Standards, or shall be assured of access to the City road system by an approved access which connects a lot or lots to a maintained public street or state highway.

The Planning Agency may waive the requirements for approved access to subdivisions having lot sizes of 40 gross acres or more when all of the following findings are made.

Private road easements may be approved for access to each lot if it is determined that public street access cannot be provided due to certain title limitations or topographical conditions.

Road easements of record established prior to the effective date of this article shall be recognized as legal access to each lot of the subdivision.

Existing traveled roads for which a court has determined that a prescriptive right by users exists for public use shall be recognized as legal access to each lot of the subdivision.

A Tentative Map may be required and a Parcel Map shall be required for subdivisions where a Final Map is not otherwise required by this division, unless waived pursuant to this division. A Parcel Map shall not be required for subdivisions created, pursuant to California Government Code 66428, by short-term leases of a portion of the operating right-of-way of a railroad corporation defined as such by Section 230 of the California Public Utilities Code, or land conveyed to or from a governmental agency, public entity, common carrier, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-of-way. A Parcel Map may be required if a showing is made in individual cases, upon substantial evidence, that public policy necessitates such a Parcel Map.

A Parcel Map shall not be required for the construction of a condominium project or for the conversion of an existing structure to a condominium on a single parcel shown on a Final Map or Parcel Map recorded after January 1, 1960, provided, however, the Community Development Director may require that a Parcel Map be filed for the purposes of obtaining improvements, additional easements and dedications, or other circumstances which warrant the filing of a new map.

The Director of the Department of Community Development, except as otherwise provided, may waive the requirement for a Parcel Map where two, three, or four parcels and any remainder parcel are involved, and the smallest parcel created is 2.5 gross acres or a 2.5-acre aliquot part of a section or greater, provided said Director has made a finding that the proposed division of land complies with the requirements as to the following.

The Director of the Department of Community Development shall not waive a Parcel Map as a condition of approval of a Vesting Tentative Parcel Map.

Where the requirement for a Parcel Map is waived pursuant to provisions of this section, a Tentative Map may be required by the City Planner. The Community Development Director may establish application procedures for subdivisions which are not subject to the requirement for Tentative and Final Maps.

When a Parcel Map rather than a Final Map is required by this division, the subdivider has the option of submitting a Tentative Map.

The subdivider shall submit a Tentative Map in place of a minor subdivision plot plan to obtain the rights conferred by the Subdivision Map Act and this division for a Vesting Tentative Map.

The requirements of Section 83.040201(e), (f), and (g) shall apply to the filing of Parcel Maps for the conversion of residential real property to another use.

The Parcel Map shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester-based film. Certificates, affidavits, and acknowledgements shall be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester based film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

The size of each sheet shall be 18" x 26". A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be large enough to show all details clearly, and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown.

Each lot shall be numbered, and each street shall be named.

The exterior boundary of the land included within the subdivision shall be indicated as an opaque ink line three times as wide as the widest line on the map, excluding the border line. The map shall show the location of each parcel and its relation to surrounding surveys.

If the map includes a remainder parcel and the gross area of the remainder parcel or similar named parcel is five acres or less, it shall be surveyed and mapped. If the remainder parcel or similar named parcel is more than five acres, that parcel shall show record information and parcel size only.

Existing natural drainage courses and proposed drainage easements, as necessary, shall be shown on the Parcel Map.

Additional notes which do not affect record title interests shall not be shown on the Parcel Map. Where a Composite Development Plan has been required, a prominent note shall be placed below the Surveyor’s Notes on the parcel map in one-quarter (1/4) inch high, bold, block letters, stating the following.

COMPOSITE DEVELOPMENT PLAN NOTE

A Composite Development Plan (C.D.P.) affecting this map is on file in the City of Yucaipa Office of Building and Safety.

In the case of a Vesting Tentative Map for a Parcel Map, at the time it is filed it shall have printed conspicuously on its face “Vesting Tentative Parcel Map.”

Subject to the provisions of the Subdivision Map Act, a statement, signed and acknowledged by the legal owner of record in the real property subdivided, consenting to the preparation and recordation of the Parcel Map is required.

Offers to dedicate interest in real property for specified public purposes shall be made by a statement on the Parcel Map, signed and acknowledged by the legal owner of record in the real property being subdivided, subject to the provisions of the Subdivision Map Act. The signature of either the holder of beneficial interests under trust deeds or the trustee under such trust deeds, but not both, may be omitted. The signature of either shall constitute a full and complete subordination of the lien of the Deed of Trust to the map and any interest created by the map.

However, with respect to a division of land into four or fewer parcels, where dedications or offers of dedications are not required, the statement shall be signed and acknowledged by the legal owner of record only.

In all cases where a Parcel Map is required, such map shall be based upon a field survey made in conformance with the Land Surveyors Act, except in the case of Reversion to Acreage.

The Parcel Map shall contain a certificate for execution by the City Engineer, stating that the Engineer approved the map and accepted, subject to improvement, or rejected on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication. The City Engineer is hereby empowered to accept such dedications on behalf of the City Council.

Preliminary title report.

Fees in the amount specified in the City Schedule of Fees.

Composite Development Plan.

Such additional information as required by the Planning Agency or approved City standards.

Prior to filing a Vesting Tentative Map, the subdivider shall have a preapplication conference with the Development Review Committee to determine if any additional information should be filed with the Vesting Tentative Map application. The applicant shall submit to the Development Review Committee prior to the preapplication conference all information that is required of a Tentative Map application. This information will be reviewed by the Committee, and additional information may be required by the Committee to be submitted with the Vesting Tentative Map application. Preliminary Environmental Review of the proposed project shall be completed prior to the preapplication conference.

The minutes of the preapplication conference shall dictate the filing requirements for the Vesting Tentative Map, and shall accompany the filing of said map. The information required by the Development Review Committee for formal submission of the proposed project may include, but is not limited to, the following.

An approving action on a Vesting Tentative Map shall not occur prior to the effective data of approval of the associated discretionary permit or action.

Upon filing a Vesting Tentative Map, the subdivider shall pay the fees required as established in the City Schedule of Fees for the filing and processing of a Vesting Tentative Map.

The approval or conditional approval of a Vesting Tentative Map shall expire at the end of the same time period and shall be subject to the same extensions established by this division for the expiration of the approval or conditional approval of a Tentative Map.

Any time prior to the expiration of a Vesting Tentative Map, the subdivider or assignee may apply for an amendment to the Vesting Tentative Map. No application for amendment shall be required when the reviewing authority finds that such amendment is a minor modification that is in substantial compliance with the original approval, and no new conditions of approval are required.

For a subdivision whose intended development is inconsistent with the land use district or Specific Plan in existence at that time, that inconsistency shall be noted on the map. The Planning Agency may deny such a Vesting Tentative Map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary change in the land use district or Specific Plan to eliminate the inconsistency. If the change in the pertinent ordinance is obtained, the approved or conditionally approved Vesting Tentative Map shall confer the right to proceed with the development as approved.

Fees for development permits (e.g., building and grading permits) filed per an approved Vesting Tentative Map or a recorded Vesting Final/Parcel Map shall be the fees in effect at the time of issuance of such permit.

A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.

The condition or denial is required in order to comply with State or Federal law.

These rights shall last for an initial time period of one year. Where several Final Maps are recorded on various phases of a project covered by a single Vesting Tentative Map, this initial time period shall begin for each phase when the Final Map for that phase is recorded.

The initial time period set forth in this Code shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, processing exceeds 30 days from the date a complete application is filed.

A subdivider may apply for a one-year extension at any time before the initial time period set forth in Section 83.040415(d)(1) expires. If the extension is denied, the subdivider may appeal that denial to the City Council within 15 days.

If the subdivider submits a complete application for a building permit during the periods of time specified in this section, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

In the top margin of all the map sheets, there shall be prominently labeled “Composite Development Plan.” Advance copies shall be submitted for approval by the city planner prior to submittal of the linen or mylar of the final or parcel map.

Notes on Composite Development Plans.

The proposed lot line adjustment is consistent with the Yucaipa General Plan, Development Code, and Specific Plans.

The proposed lot line adjustment will not adversely affect public health and safety.

Grant Deeds which describe the new boundaries of the parcels shall be recorded.

Appropriate Trust Deeds or partial reconveyance documents which describe the new boundaries shall be recorded.

At least one of the affected lots is not developed with any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous lot involved in the proposed merger.

At least one of the affected lots must have one or more of the following conditions.

Until January 1, 1990, for lots which are 4,000 square feet or less and which were deemed by the City to be merged prior to January 1, 1984, the noticing procedures shall be as follows. At least 30 days prior to recording a notice of merger, the City shall advise the owner of record of the affected lots, in writing, of the intention to record the notice, and specify a time, date, and place at which the owner may present evidence to the Planning Agency as to why such notice should not be recorded.

Unless otherwise specified in Section 83.040705, for all other lots proposed to be merged which do not meet the criteria of subsection (d) (1) of this section, above, the City shall cause to be mailed by certified mail to the current record owner of the property a Notice of Intention to Determine Status, notifying the owner that the affected lots may be merged pursuant to provisions and standards specified by this section, and advising the owner of the opportunity to request a Determination of Status hearing and to present evidence at the hearing that the property does not meet the criteria for merger. This hearing shall be conducted in accordance with the Staff Review without Notice procedures by the Office of Planning. The Notice of Intention to Determine Status shall be filed for record with the Recorder of the County of San Bernardino on the date that notice is mailed to the property owner.