Yucaipa City Zoning Code
Division DC5
Overlay Districts
§ 85.0101 Intent.
(a)
This chapter provides land use regulations as part of the Official Land Use Plan of the City of Yucaipa for the incorporated areas of said City.
(b)
Overlay districts are established to reorganize and map environmental hazard constraints, environmental resource amenities, or community concerns which should be taken into consideration when land development is being proposed. Overlay districts establish regulations in addition to those imposed by the land use district. Overlay districts shall be designated where development within a land use district is affected by or would affect such environmental hazard constraints, environmental resource amenities, or community concerns.
(c)
When an overlay district is mapped over any land use district, the development standards used for that site shall be those as set forth in the overlay district and/or the land use district, whichever is more restrictive.
(d)
The procedures for using overlay districts shall be outlined in this chapter.
(e)
When appropriate, variances from standards set forth in the overlay districts may be granted.
§ 85.0105 Purpose and format.
(a)
Overlay districts are established for the following purposes.
(1)
To preserve and protect valuable resources of land, natural land formations and land uses which have been identified as needing such protection.
(2)
To identify natural or man-made conditions which are a potential threat to public health and safety and to formulate requirements to mitigate such threats.
(b)
Each overlay district section contains the following subsections: “Intent,” “Locational Requirements,” and “Development Standards.” The “Intent” and “Locational Requirements” sections provide necessary information for locating overlay districts. The “Development Standards” section provides the necessary regulatory guidance for land uses within an overlay district that are in addition to those required by the applicable land use district.
§ 85.0110 Overlay designations.
(a)
When an overlay district is established in conjunction with a land use district, it shall be designated on the appropriate overlay map or appropriate land use district map.
(b)
The following symbols appear on the official land use or overlay maps to identify the various overlay districts.
Symbol | Overlay District |
|---|---|
AA | Additional Agriculture |
AP | Agricultural Preserve |
AH | Alternate Housing Standards |
BR | Biotic Resources |
CH | Custom Home |
CR | Cultural Resources |
FR1, FR2 | Fire Safety |
FP1, FP2, FP | Flood Plain Safety |
GH | Geologic Hazard |
MR | Mineral Resources |
NH | Noise Hazard |
PR | Paleontologic Resources |
SR | Scenic Resource |
MHP | Mobilehome Park |
SP | Specific Plan |
(Ord. 145 § 2, 1995; Ord. 239 § 2, 2005)
§ 85.0115 Overlay district application.
The regulations and development standards established by an overlay district shall be imposed in addition to those established by the underlying land use district, shall prevail when they are more restrictive, and shall overlay all land use districts on all parcels or portions thereof which are encompassed or circumscribed by one or more overlay districts. Land use districts may augment and strengthen the standards and provisions specified by an overlay district. Overlay districts may be added as a suffix or a series of suffixes to the primary land use district (e.g., RL-AP) when designated on a land use district map. Each overlay district, however, is an independent, individual land use regulation, which is adopted or amended independent of the land use district.
(a)
The boundaries of established districts are shown and delineated on the Land Use and Overlay District Maps entitled “Official Land Use Plan,” as amended and as certified by the City Clerk and on file with the Community Development Department, which are hereby adopted as part of the Official Land Use Plan of the City of Yucaipa.
(b)
Changes, additions, and amendments to the Official Land Use Plan shall be determined and defined from time to time by ordinances adopting “sectional” land use district maps covering portions of Yucaipa, each of which shall become, upon final adoption and certification by the City Clerk, a part of the Official Land Use Plan for the City.
(c)
Unless otherwise noted, land use and overlay district boundaries shall extend to street right-of-way centerlines.
§ 85.0120 Implementation review.
The following shall apply to all land use applications and development permits which are submitted for property within an overlay district.
The accepting authority shall require a Land Use Compliance Review when the review process for a land use application or development permit does not provide an adequate review or implementation mechanism to properly address the protection or preservation measures and standards specified by an overlay district.
§ 85.0125 Permitted uses.
The uses permitted on a parcel which has an overlay district shall be those uses allowed by the primary land use district subject to the provisions of all applicable overlay district provisions, as well as those of this Code. Where the regulations or standards established by an overlay district conflict with provisions of a primary land use district or other provisions of this Code, the more stringent regulations or standards shall govern.
§ 85.0130 Establishment and change of an overlay district.
The provisions of each section of this chapter shall provide the criteria for the establishment or change of the applicable overlay district boundary. Each overlay district is an individual land use designation that is a separate and independent designation from the primary land use district and remains with the property irrespective of the underlying land use district unless specifically changed. A change in the primary underlying land use district does not change an overlay district designation.
§ 85.0135 Overlay district map amendments.
The City Council may act upon changes in classification of property regarding one or more adopted overlay district(s) and upon amendments to the text of the overlay districts at any time pursuant to the provisions of Division 3, Chapter 2 of this Code.
§ 85.0140 District boundary uncertainties.
Where uncertainty exists as to the boundaries of any district shown on the overlay district maps, the following rules shall apply.
(a)
Where such boundaries are indicated as approximately following street and alley lines or lot lines, such lines shall be construed to be such boundaries.
(b)
In unsubdivided property and where a district boundary divides a lot, the locations of such boundaries, unless indicated by dimensions, shall be determined by use of the scale appearing on the map.
(c)
Where any uncertainty exists, the Planning Commission shall determine the location of boundaries.
(d)
Where a public street or alley is officially vacated or abandoned, the regulations applicable to the property to which it reverts shall apply to such vacated or abandoned street or alley.
§ 85.0145 Official Land Use Plan relationship to Code.
The overlay district maps, as part of the Official Land Use Plan, classifications, and boundaries of overlay districts and all notations, references, and other information shown thereon, after final adoption in the manner required by law, shall thereafter be as much a part of the Development Code as if all the matters and information set forth by said maps were fully described herein.
§ 85.020201 Intent.
The Fire Safety Overlay District is created to provide greater public safety in areas prone to wildland brush fires by establishing additional development standards for these areas.
§ 85.020205 Locational requirements.
The Fire Safety Overlay District shall be designed in high fire hazard areas as mapped on the City General Plan Hazards Maps with the locations derived from the California Department of Forestry and U.S. Forest Service, and may be updated from time to time. The most current version of the state's Fire Hazard Severity Zones shall officially govern.
(Ord. 465 § 18, 2025)
§ 85.020210 General provisions.
(a)
The provisions of this section shall apply to all phases of a development project.
(b)
A notice of all land use applications and/or development permits that would lead to the construction of structures or the subdivision of land within the Fire Safety Overlay District shall be filed with the responsible fire authority by the Community Development Department.
(c)
All proposed land use applications that would lead to the construction or expansion of a structure or the subdivision of land shall be submitted to the responsible fire authority or review and recommendation. Any recommendations received shall be indicated in any staff report and/or presentation for the proposed development and shall be incorporated into the conditions of approval where possible.
(d)
All proposed development must meet all other applicable standards set forth by the responsible fire authority.
(e)
The development standards established by a land use district and any applicable overlay district shall apply, except where a planning area provision provides that a different standard shall apply.
(f)
When an addition, alteration, enlargement or reconstruction of a structure equals or exceeds 50% of the existing structure or 25% of the roof for the roofing requirements only, the provisions of Subsections 85.020220(a)(b)(1)(C) and 85.020225(a) regarding construction requirements shall apply to the entire structure and/or the whole roof as applicable. Such structures and/or roofs shall be entirely retrofitted to comply with the provisions of this section.
§ 85.020215 Division of review areas.
The Fire Safety Overlay District is divided into three review areas, each of which represents a different level of wildland hazard. A different set of requirements is applied in each review area. The provisions for these requirements are cumulative in that all of the requirements that are specified for Fire Safety Review Area 2 shall also apply to Fire Safety Review Area 1, in addition to those specified for only Fire Safety Review Area 1.
(a)
Fire Safety Review Area 1 (FR1). Fire Safety Review Area 1 includes wildland areas that are marginally developable, areas which are not likely to be developed, and the area of transition between wildlands and areas that are partially developed or are likely to be developed in the future. The area of transition is often characterized by an abrupt slope change. Natural hazards are prevalent throughout Area 1, especially in areas with natural ungraded slops greater than 30%. Area 1 includes areas of very high to extreme fire hazard.
(b)
Fire Safety Review Area 2 (FR2). Land within Area 2 is relatively flat and is either partially or completely developed, or, if it is not developed, is usually suitable for development. Present and future development within Area 2 is exposed to the impacts of wildland fires and other natural hazards primarily due to its proximity to Area 1.
§ 85.020220 Area FR1, FR2 and FR3 requirements.
(a)
Construction requirements.
(1)
Roof coverings shall be either non-combustible or fire-retardant with a minimum Class A rating, as defined in the Uniform Building Code. Class A wood shake or shingle roof coverings shall have passed a 10-year natural weathering test, and proof of such test shall be provided to the Building Official prior to the issuance of a building permit.
(2)
Every chimney used in conjunction with any fireplace or any heating appliance in which solid or liquid fuel is used shall be maintained with a spark arrester. An approved spark arrester shall mean a device constructed of stainless steel, copper, or brass, woven galvanized wire mesh, 12-gauge minimum of three-eights (3/8) inch minimum to one-half (1/2) inch maximum openings, mounted in or over all outside flue openings in a vertical and near vertical position, adequately supported to prevent movement and visible from the ground.
(3)
Louvers, ventilators, or openings in walls, roofs, attics, and underfloor areas having headroom less than four feet in height which are not fitted with sashes or doors shall be covered with wire screen. The screen covering such openings shall be of galvanized metal or copper and shall have a maximum mesh of one-quarter (1/4) inch.
(4)
Eave-type attic ventilators are prohibited.
(5)
The space between rafters at exterior walls shall be solidly filled with tight-fitting wood blocks at least one and one-half (1 1/2) inches thick.
(6)
Fuel tanks (e.g., liquefied petroleum tanks) shall be located at least 10 feet away from any structure and in accordance with the Uniform Fire Code, the Table of Projections, and the Storage Standards specified by Fire Hazard Performance Standards in Chapters 5 and 9 in Division 7 of this Title.
(7)
All non-accessory buildings shall have reflective and non-combustible building address numbers with at least three-inch high lettering visible from the road on which the structure fronts.
(8)
All buildings on lots which abut a National Forest that were created after March 9, 1988 shall be set back at least 30 feet from the boundary of the San Bernardino National Forest.
(9)
Structures in areas with slopes exceeding 30% and 30 feet in height shall comply with the following.
(A)
Where structures are proposed or within 200 feet of slopes that are greater than 30% prior to grading and where such slopes are at least 30 feet in height, the vegetation on such slopes shall be treated in such a manner that it becomes a fuel modified area. Such fuel modified areas shall be maintained for either the entire slope, or 100 feet, or to the property line, whichever distance is less.
(B)
Where grading is utilized which does not conform to the natural slope and the graded area is adjacent to natural ungraded slopes which are greater than 30% and which are greater than 30 feet in height, structures shall be set back at least 30 feet from the edge(s) of the graded area adjacent to such natural ungraded slopes.
(10)
All areas used for the storage of firewood or other flammable materials shall either be at least 30 feet away from all structures, or wholly enclosed within a structure.
(11)
Fire hydrants shall be identified by a method specified by the Fire Authority.
(12)
There shall be vehicular access at least 12 feet in width to within at least 10 feet of any static water source including pools, lakes, swimming pools, reservoirs, and water storage tanks. Access shall be either to a plumbed outlet with two and one-half (2 1/2) inch National Hose Thread Fitting, or directly to the source. This requirement shall be waived if the fire authority determines that the water source is sufficiently below the elevation of existing or proposed roads or driveways to make drafting of water from the source through a plumbed outlet infeasible, and that direct vehicular access to the water source would require an impractical extension of a road or driveway.
(b)
Building separations.
(1)
Building separation standards.
(A)
All buildings on parcels created after the effective date of this section and all other parcels with lot widths 60 feet or greater shall have exterior wall separations of at least 30 feet.
(B)
All buildings on parcels created prior to the effective date of this section with lot widths less than 60 feet shall have interior side yard setbacks of 20% of the lot width, provided that such interior side yards shall not be less than five feet and need not exceed 15 feet. In no case shall exterior wall separations be less than 10 feet for all buildings, including those on adjoining parcels.
(C)
When exterior walls of residential and accessory buildings or portions thereof are within 15 feet of interior side or rear lot lines, or the exterior wall separation is less than 30 feet, the following shall apply: 1) the outside of all such exterior walls or portions thereof shall be covered with materials which are approved for exterior locations and are of fire-resistive construction as defined in the Uniform Building Code; 2) all exterior doors made of wood or wood portions shall be solid core wood; and 3) windows, sliding glass doors or glass inserts in doors shall be constructed of approved dual-pane glass.
(2)
Intent of standards. The intent of the exterior wall separation standards is to reduce the exposure and risk from adjacent structural fires and to reduce the potential spread of fire from structure to structure.
(3)
Alternate measures (exterior wall separation). Pursuant to Section 85.020230 of this section and dependent upon site specific conditions, the following measures or combinations thereof may be substituted for the exterior wall separation requirements for all buildings specified in Section 85.020220(b)(1)(A) above, provided that in no case shall such exterior wall separations be less than 10 feet.
(A)
The expansion of fuel modified areas around the perimeter of the development project beyond that required through the provisions of this section or other parts of the City Code.
(B)
A substantial transfer of density from steeper slopes, including areas with slopes less than 30% if they exist on site, to less steep areas within the development project.
(C)
Clustering of structures away from the development perimeter and away from fire hazard areas.
(D)
The provisions of more fire-resistive construction standards than normally required through the provisions of the Fire Safety (FR) Overlay District and otherwise required through the Uniform Building Code or Uniform Fire Code.
(E)
Other alternate measures if approved by the Planning Agency pursuant to the provisions of Section 85.020230 of this Article.
(c)
Project design requirements.
(1)
All development projects and each phase thereof, except for a development project located exclusively on a cul-de-sac, shall have a minimum of two points of vehicular ingress and egress, designed to City road standards, with a minimum width of 26 feet of all weather surface as defined in the Uniform Fire Code, from existing and surrounding streets. One such point of vehicular access may be an emergency access route with an all-weather surface, if the Planning Agency makes and justifies all of the following findings.
(A)
Two points of non-emergency access shall be physically infeasible.
(B)
Provisions shall be made to reasonably ensure that the emergency access will be maintained.
(C)
Based on the review and consideration of the Fire Authority’s recommendation, the emergency access route will provide adequate vehicular ingress and egress during emergencies.
(2)
All development projects shall provide 6-inch or larger circulating (loop) water mains as required by the Uniform Fire Code and proper hydrant location and spacing, and shall have sufficient water storage capacity to provide the minimum fire flow duration requirements (gallons per minute [GPM] for a minimum number of hours or portions thereof) as specified by the minimum system standards established by the Fire Authority. Circulating (loop) mains are not required for cul-de-sacs and are not required for subdivisions that exclusively take all access from cul-de-sacs. In areas not served by water purveyors, on-site fire flow and water storage requirements will be as specified by the Uniform Fire Code.
(3)
All public or private streets within or bordering a development project shall have noncombustible and reflective street name signs designed to City standards and visible at all street intersections.
(4)
Fuel modification areas.
(A)
A permanent fuel modification area may be required around development projects or portions thereof that are adjacent or exposed to hazardous fire areas for the purpose of fire protection. The recommended width of the fuel modification area shall be determined by the responsible Fire Authority in conjunction with the County Fire Warden, but in no case shall it be less than 100 feet in width as measured from the development perimeter. The width of the fuel modification area shall be determined based upon the following factors.
(I)
The natural ungraded slope of the land within the project and in the areas adjacent to the project.
(II)
Fuel Loading.
(III)
Access to the project and direct access to the fuel-modified area.
(IV)
The on-site availability of water that can be used for fire fighting purposes.
(V)
Adequate provisions shall be made for the continual maintenance of such areas and, where feasible, such areas shall be designated as common open space rather than private open space.
(VI)
Fuel modification areas shall also incorporate soil erosion and sediment control measures to alleviate permanent scarring and accelerated erosion.
(B)
When development projects are phased, individual phases may be required to provide temporary fuel modification areas where the development perimeter of a phase is contiguous to a subsequent phase of a project which in its undeveloped state is a hazardous fire area. The need for a temporary fuel modification area shall be determined by the responsible fire authority in conjunction with the County Fire Warden and shall be based upon the same considerations described in Subsection (c)(4)(A) of this section for permanent fuel modification areas.
(d)
Erosion and sediment control. All development projects, building permits, grading and any other significant land disturbing activity shall install erosion control measures in compliance with the provisions established by the Development Code for such erosion control measures.
(Ord. 465 § 18, 2025)
§ 85.020225 Additional Area 1 (FR1) requirements.
The following requirements apply only to Area 1, in addition to those specified for both Areas 1 and 2.
(a)
Construction requirements.
(1)
The outside of all exterior walls shall be covered with materials which are approved for exterior locations and listed as one-hour, fire-resistive construction as defined in the Uniform Building Code. All exterior doors made of wood or wood portions shall be solid core wood.
(2)
All windows, sliding glass doors or glass inserts in doors shall be constructed of approved dual-pane glass.
(3)
Cantilevered or standard type decks shall be constructed with the following: 1) a minimum of at least one and one-half (1 1/2) inch wood decking; and/or 2) protected on the underside with materials approved for one-hour, fire-resistive construction; and/or 3) be of noncombustible materials, as defined in the Uniform Building Code.
(4)
Patio covers attached or within 10 feet of a residential structure with plastic, bamboo, straw or fiberglass, or wood lathe lattice made of materials which are one half (1/2) inch or less in width shall be prohibited.
(5)
Exposed piping, except for plumbing vents above the roof, shall be noncombustible as defined in the Uniform Building Code.
(6)
A minimum of two, three quarter (3/4) inch faucets with hose connections each served by a three quarter (3/4) inch waterline and installed prior to any pressure reducing device shall be available per structure separated by at least one-third (1/3) of the perimeter of the structure. Such faucets should be on the side(s) of a structure facing fire hazardous areas wherever possible.
(7)
All fences required adjacent to fuel modification areas or wildland areas as conditions of approval for a development project shall be constructed of noncombustible materials as defined in the Uniform Building Code. All other fences, including those on the interior of such development project, are not subject to this requirement.
(8)
Private driveways or access roadways for residential units shall not exceed 150 feet in length, unless approved by the fire authority pursuant to Section 10.207 of the Uniform Fire Code.
(9)
Roof coverings shall be either non-combustible or shall be fire retardant material not composed of organic fiber with a minimum Class A rating, as defined in the Uniform Building Code.
(10)
Unenclosed or projecting roof-ceiling or floor-ceiling assemblies which contain concealed space shall have the ceiling protected on the exposed surface with materials approved for one-hour construction.
(b)
Project design requirements.
(1)
Every development project application submitted to the Office of Planning shall be reviewed by Office of Planning staff through a pre-application conference with the project proponent prior to the acceptance of the application for filing.
(2)
A slope analysis shall be filed with all development project land use applications. The slope analysis shall include the following information.
(A)
A topographic map of the proposed project area and all adjoining properties within 150 feet at a scale of not less than one inch to 200 feet. The contour interval shall not be more than two feet, except that the contour interval may be five feet if the general natural ungraded slope is more than 10%. Contour lines are to be obtained by aerial or field survey, done under the supervision of a licensed Land Surveyor or Registered Engineer.
(B)
The natural, ungraded slope categories to be computed are zero to less than 15%, 15 to less than 25%, 25 to less than 40%, and 40% or greater.
(C)
The area, in acres, shall be tabulated for each category.
(3)
A preliminary grading plan shall be filed with all development project land use applications, although preliminary grading plan requirements may be waived by the City Planner if it is determined through the required preapplication conference that such requirements are unnecessary due to site specific soils, topographic or other physical conditions, or due to the specific design of the project. The preliminary grading plan shall include the following.
(A)
A topographic map of the proposed project area and all adjoining properties within 150 feet at a scale of not less than one inch to 200 feet shall be prepared. The contour interval shall not be more than two feet, although the contour interval may be five feet if the natural ungraded slope is more than 10%. Contour lines shall be obtained by aerial or field survey, performed under the supervision of a licensed Land Surveyor or Registered Engineer.
(B)
Contours of the finished graded slope shall be shown at intervals similar to those on the topographic base map.
(C)
Street grades, slope ratios, flow lines, pad elevations, maximum elevation of top and minimum elevation of toe of finished slopes over five feet in vertical height, the maximum heights of those slopes and approximate total cubic yards of cut and fill shall be shown on the preliminary grading plan.
(D)
Compliance with Chapter 70 of the current edition of the Uniform Building Code, as adopted by the City of Yucaipa, is required.
(E)
In the event no such grading is proposed, a statement to that effect shall be placed on the required topographic map described in Section 85.020225(b)(3)(A) above, and this map shall delineate the boundary of an adequately sized building pad, driveway and septic system (if proposed) for each parcel proposed.
(4)
All subdivisions on sites with natural slopes greater than 30% shall be submitted with a Conditional Use Permit for the development of such proposed lots. This provision shall not apply if all of the areas on the site with natural ungraded slopes over 30% are permanently restricted from structural development.
(5)
Residential density bonuses, if any, shall only be permitted through Planned Developments.
(6)
Perimeter Access to Fuel Modified and Fire Hazard Areas.
(A)
Standards. Development projects shall provide for adequate vehicular access for fire fighting vehicles to the development perimeter of the project along the portion of the development perimeter that is adjacent to either an existing or proposed fuel modified area or a fire hazard area. Provisions shall be made and shall be required, where necessary, through conditions of development project approval for the continual maintenance of the areas intended to provide such access. Perimeter access shall be provided either through one of the following two measures or through alternate measures pursuant to Section 85.020230 of this Article.
(I)
An existing or proposed road along the development perimeter or portion thereof that is exposed to a fire hazard or fuel modified area and which is accessible to fire fighting equipment shall be provided. Such a road shall be capable of supporting fire fighting equipment, shall be at least 20 feet in width and shall not exceed a grade of 14%. The conditions of approval for the development project shall require provisions to ensure that the roadway will be maintained if it is not within the publicly-maintained road system.
(II)
Development projects shall provide accessways at least 12 feet in width, with a grade not to exceed 14% and capable of supporting fire fighting vehicles, between the development perimeter and proposed or existing streets. Accessways shall be spaced at intervals of no more than an average of 350 feet along each street. The conditions of approval for the development project shall require specific provisions to ensure that accessways will remain unobstructed and will be maintained. Where feasible, accessways may not be paved and shall be designed so as not to detract from the visual quality of the project.
(B)
Intent of standards. The intent of the standards described in Section 85.020225(b)(6) is to permit fire fighting vehicles to have adequate access into areas between fire hazardous areas or fuel modified areas and the development perimeter so that a wildland fire can be contained at the development perimeter and prevented from spreading to structures. An additional intent of these standards is to prevent structural development from becoming a barrier between fire fighting equipment and personnel and the development perimeter.
(C)
Alternate measures. Pursuant to Section 85.020230 of this Article and dependent upon site specific conditions, alternate measures which meet the intent of the standard in Section 85.020225(b)(6)(A) above for providing perimeter access to fuel modified and fire hazard areas may be utilized.
(7)
Lengths of cul-de-sacs.
(A)
Standard cul-de-sacs shall not exceed 350 feet in length, except that they may be extended as allowed by this subsection.
(B)
Exception may be made for parcels of less than five acres in area. Cul-de-sacs may exceed 350 feet in length but shall not exceed 600 feet in length, if one of the following conditions applies.
(I)
Alternate measures shall be utilized pursuant to the provisions of Section 85.020230 of this Article.
(II)
Based upon consideration of the recommendation of the Fire Authority, the Planning Agency determines that the cul-de-sac is situated and designed such that the parcels taking access from it are not contiguous to or exposed to either undeveloped fuel modified areas along the development perimeter of the project or to fire hazard areas, and that the extension of the cul-de-sac will not increase the exposure of buildings to wildland fires.
(C)
Exceptions may be granted for parcels greater than five acres in area. Cul-de-sacs may exceed 600 feet in length if all parcels that take access from the cul-de-sac are five acres or greater in area and the following conditions apply.
(I)
The proposed cul-de-sac shall not be within or adjacent to areas that are zoned for or subdivided to parcels of five acres or less.
(II)
Alternate measures shall be utilized pursuant to the provisions of Section 85.020230 of this article.
(D)
Intent of standard. The intent of limiting cul-de-sac lengths is to limit the exposure of development and human activity to hazardous fire areas where one, rather than two points of access are provided, especially when such cul-de-sacs are directly exposed to fire hazard areas. The provision of only one point of access increases exposure to fire and inhibits the fighting of wildland fires due to the following factors.
(I)
If the single access point becomes blocked, structures exposed to fire cannot be protected by fire fighting vehicles.
(II)
Fire fighting vehicles can be trapped on a cul-de-sac if the single access is blocked.
(III)
In order for fire fighting vehicles to turn around, they usually must travel to the end of the cul-de-sac where adequate room for turning is available.
(IV)
All vehicles evacuating a cul-de-sac during a fire will be traveling in the opposite direction of fire fighting vehicles moving into a cul-de-sac, impeding the ingress of the fire fighting vehicles as well as the egress of the evacuees.
(V)
Development of individual cul-de-sacs which intrude into and are generally surrounded by rugged wildland terrain have greater exposure to wildland fire because the fire may come from several directions at once.
(E)
Alternate measures. Pursuant to Section 85.020230 of this Article and dependent upon site specific conditions, one of the following measures or combinations thereof may be used to mitigate the effect of creating cul-de-sacs up to 600 feet in length with parcels of less than five acres in area.
(I)
The total number of dwelling units which have access to the cul-de-sac shall be limited to no more than 15, and the further subdivision of parcels and construction of additional independent residential units which have access to the cul-de-sac shall be restricted. Such restrictions shall be imposed through the conditions of approval of the development project.
(II)
A continuous perimeter access road at least 20 feet in width shall be provided along the portion of the cul-de-sac exposed to fire hazard or fuel modified areas such that it is driveable under normal conditions by fire fighting vehicles, provides adequate maneuvering space for such vehicles, and is designed such that at least one point of access to the perimeter access road is taken from roads other than the cul-de-sac in question.
(III)
The cul-de-sac road shall have a paved width of at least 40 feet with posted no parking for its entire length. There shall be at least one area approximately at the midpoint of the cul-de-sac that serves the same function of a cul-de-sac bulb in allowing fire fighting vehicles adequate room to turn around. This measure may only be utilized if the expansion of the road width will not contribute to slope stability hazards either on or off-site.
(IV)
Other alternate measures may be approved by the Planning Agency pursuant to Section 85.020230 of this article.
§ 85.020230 Alternate hazard protection measures.
(a)
Applicability. The following provisions shall apply only to the standards and requirements of Subsections 85.020220(b) regarding building separations, 85.020225(b)(6) regarding perimeter access and 85.020225(b)(7) regarding the length of cul-de-sacs.
(b)
Intent. The intent of this subsection is to allow greater design flexibility than would otherwise be permitted in order to provide a more efficient and effective achievement of the purposes of the Fire Safety (FR) Overlay District. Design flexibility is provided by allowing the substitution of alternate measures for the established standards or requirements if it is found that they provide the same or a greater level of protection from wildland fires and other natural hazards, and that they will fulfill the same purpose as the established standard or requirement.
(c)
Substitution of alternative measures for standards and requirements.
(1)
If alternative measures are proposed, the Fire Authority shall determine, with specific consideration of the effect of the proposed alternative measures, whether the proposed development project has adequate provisions for fuel modification and management, including the ongoing maintenance of fuel modified areas.
(2)
If the Fire Authority makes a positive determination pursuant to Section 85.020230(c)(1) of this Article, then alternate measures may be substituted for the established standards and requirements if the Planning Agency, with consideration of the recommendation of the Fire Authority, finds and justifies all of the following.
(A)
Alternative measure(s) have been substituted which meet the intent of and which serve the same purpose as the established standard or requirement.
(B)
The alternative measure(s) that have been substituted provide the same or a greater level of protection or are as effective as the established standard or requirement.
(C)
There are clear and substantial reasons for utilizing the alternative measure(s) because they provide for a more efficient and economic use of the site, or provide for a superior physical design, and are consistent with the intent of the Fire Safety (FR) Overlay District. Article 3
§ 85.020301 Purpose and intent.
The Floodplain Safety (FP) Overlay District is established to protect public health, safety, and welfare; reduce flood losses; maintain community eligibility in the National Flood Insurance Program (NFIP); and coordinate floodplain regulations with the California Building Standards Code (CBSC), including Appendix G. This Article sets minimum requirements for review, permitting, construction, alteration, and use of land within flood-prone areas and is intended to meet or exceed the minimum criteria in 44 C.F.R. Part 60.
(Ord. 468 § 1, 2025)
§ 85.020302 Statutory authority; findings.
(a)
Authority. This Article is adopted pursuant to the City's police power under Cal. Const. art. XI, § 7; the National Flood Insurance Program (NFIP) regulations in 44 C.F.R. Parts 59, 60, and 65; and the City's land-use and building-regulation authority under California law, including Gov't Code §§ 65302 (general plan safety element, flood hazards), 65560 (open-space/flood protection), 65800 & 65850 (zoning regulations), 65906 (variances), and the Subdivision Map Act, §§ 66410 et seq.; and Health & Safety Code §§ 17958, 18938(b), and 18941.5 (adoption and enforcement of the California Building Standards Code, including Appendix G).
(b)
Findings. FEMA has issued updated Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FIRMs) for San Bernardino County and incorporated areas with an effective date of October 30, 2025. To avoid NFIP suspension and associated federal prohibitions, the City must have floodplain regulations meeting 44 C.F.R. Part 60 in effect by that date. This Article repeals and replaces prior Article 2 to implement NFIP minimums.
(Ord. 468 § 1, 2025)
§ 85.020303 Definitions.
Unless specifically defined here, words or phrases used in this Article shall be interpreted to give them their common meaning and to effectuate the purposes of this Article and the NFIP. Selected definitions (non-exclusive) include:
"Base Flood"
means the flood having a one-percent chance of being equaled or exceeded in any given year (100-year flood).
"Basement"
means any area of a building having its floor subgrade on all sides.
"Building Code"
means the California Building Standards Code (current edition as adopted by the City), including Appendix G (Flood-Resistant Construction).
"Design Flood/Design Flood Elevation (DF/DFE)"
means the flood and corresponding elevation adopted for design and enforcement purposes by this Article and the Building Code (at least the Base Flood Elevation (BFE) plus any required freeboard).
"Development"
means any man-made change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, placement of manufactured homes, or storage of equipment or materials.
"Encroachment"
means any advance or infringement of fill, excavation, structures, development, or vegetation into a floodplain that may alter flow capacity.
"Flood or Flooding"
means: (1) a general and temporary condition of partial or complete inundation of normally dry land areas from overflow of inland or tidal waters; unusual and rapid accumulation or runoff of surface waters; and mudflows; and/or (2) flood-related erosion.
"Flood Insurance Rate Map (FIRM)"
means the official map on which FEMA has delineated areas of special flood hazard and risk premium zones.
"Flood Insurance Study (FIS)"
means the official report provided by FEMA that includes flood profiles, the FIRM, and the water surface elevations of the base flood.
"Floodway (Regulatory Floodway)"
means the channel of a watercourse and adjacent lands that must be reserved to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
"Floodplain Administrator (FPA)"
means the City Engineer, or designee, charged with administering this Article.
"Highest Adjacent Grade"
means the highest natural ground elevation next to a proposed structure before construction.
"Historic Structure"
has the meaning used in NFIP regulations.
"Letter of Map Change (LOMC)"
includes Letter of Map Amendment (LOMA), Letter of Map Revision (LOMR), and related FEMA determinations.
"Lowest Floor"
means the lowest floor of the lowest enclosed area, including basement; an enclosure used solely for parking, access, or storage that meets the flood-opening and non-conversion standards is not the lowest floor.
"Manufactured Home"
means a structure transportable in one or more sections, built on a permanent chassis, designed for use with or without a permanent foundation when connected to utilities; the term does not include a Recreational Vehicle.
"Manufactured Home Park or Subdivision"
means a parcel (or contiguous parcels) divided into two or more manufactured home lots for rent or sale.
"Recreational Vehicle (RV)"
means a vehicle: (1) built on a single chassis; (2) 400 square feet or less at the largest horizontal projection; (3) self-propelled or towable by a light-duty truck; and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters.
"Special Flood Hazard Area (SFHA)"
means land in the floodplain subject to a one-percent or greater chance of flooding in any year, shown on FIRMs as Zone A, AO, AE, A1-A30, AH, A99, V, VE, or V1-V30.
"Start of Construction"
means the date the building permit is issued, provided the actual start of construction or improvement is within 180 days of permit issuance. "Actual start" includes the first placement of permanent construction (e.g., slab or footings, piles, columns), or for substantial improvement, the first alteration of a load-bearing member; it does not include land preparation, grading, installation of streets or walkways, excavation for footings or foundations, or erection of temporary forms.
"Structure"
means a walled and roofed building that is principally above ground; includes gas or liquid storage tanks and manufactured homes.
"Substantial Damage"
means damage of any origin whereby the cost to restore a structure to its pre-damage condition equals or exceeds 50 percent of the pre-damage market value.
"Substantial Improvement"
means any reconstruction, rehabilitation, addition, or other improvement of a structure where the cost equals or exceeds 50 percent of the pre-improvement market value; includes structures that have incurred Substantial Damage. Exceptions include work to correct code violations necessary for safe occupancy and alterations to Historic Structures that preserve their historic designation.
"Variance"
means a grant of relief from the strict application of the requirements of this Article consistent with 44 C.F.R. § 60.6.
"Violation"
means a development that is not fully compliant with this Article. A structure or development lacking required certifications or documentation is presumed to be in violation until such documentation is provided.
"Watercourse"
means a lake, river, creek, stream, wash, arroyo, channel, or other topographic feature where waters flow at least periodically.
(Ord. 468 § 1, 2025)
§ 85.020305 Applicability; adoption of FIS/FIRMs; map repository.
(a)
Applicability. This Article applies to all lands within the City located in SFHAs identified on the effective FIRMs and to areas where the Floodplain Administrator determines flood hazards exist.
(b)
Adoption by reference. The areas of special flood hazard identified by FEMA in the Flood Insurance Study and Flood Insurance Rate Maps for San Bernardino County and Incorporated Areas, effective October 30, 2025, together with all subsequent revisions and amendments, are adopted by reference and declared to be part of this Article.
(c)
Map repository. The FIS and FIRMs are on file and available for public inspection in the office of the Floodplain Administrator.
(Ord. 468 § 1, 2025)
§ 85.020310 Floodplain Administrator; duties.
(a)
Designation. The City Engineer is designated as the Floodplain Administrator (FPA), and may delegate duties to qualified staff.
(b)
Duties. The FPA shall:.
(1)
Administer and enforce this Article and coordinate with the Building Official to ensure consistency with CBSC/Appendix G;
(2)
Review, approve, condition, or deny floodplain development permits;
(3)
Make floodplain determinations; use FIRMs/FIS; require and maintain Elevation Certificates and Floodproofing Certificates;
(4)
Maintain records of permits, determinations, variances, and certifications permanently;
(5)
Areas without established BFEs or floodways (Zone A). When FIRMs identify Zone A without Base Flood Elevations (BFEs) or floodway data, the Floodplain Administrator shall:
(A)
Obtain, review, and reasonably utilize any BFE and floodway data available from Federal, State, or other sources as permit criteria; and
(B)
Require applicants to submit hydrologic and hydraulic analyses that are prepared, signed, and sealed by a registered professional engineer using accepted methods and models to determine BFEs, depths/velocities, and, where appropriate, floodway limits when suitable data are unavailable or insufficient; and
(C)
Apply such data to require that: (i) residential structures are elevated to or above the determined BFE (or DFE, if higher); and (ii) nonresidential structures are elevated or dry-floodproofed to or above the determined BFE/DFE in accordance with CBSC/Appendix G and ASCE 24 (current edition as adopted).
(6)
Provide notices of watercourse alteration to adjacent communities and agencies as required;
(7)
Submit new technical or scientific data to FEMA within six (6) months when BFEs or flood hazard data change (see § 85.020350); and
(8)
Perform other acts necessary to implement the NFIP and this Article.
(Ord. 468 § 1, 2025)
§ 85.020315 General provisions.
(a)
Compliance. No structure or land shall be developed, constructed, located, extended, converted, or altered without full compliance with this Article, the Building Code, and other applicable regulations.
(b)
Permit required. Development in SFHAs requires a floodplain development permit under § 85.020320.
(c)
Interpretation. All provisions are minimum requirements, shall be liberally construed to effectuate the purposes of this Article and the NFIP, and shall not limit other lawful City powers.
(d)
Abrogation and greater restrictions. This Article is not intended to repeal easements, covenants, or deed restrictions; however, where conflicts occur, the more restrictive standard governs.
(e)
Implementation. Requirements of this Article shall be integrated into the review of land use applications and development permits.
(Ord. 468 § 1, 2025)
§ 85.020320 Floodplain development permits; submittals; records.
(a)
Permit requirement. A floodplain development permit is required before any development in an SFHA, including placement of manufactured homes.
(b)
Submittals. The FPA may require site plans; grading and drainage plans; BFEs; proposed lowest floor elevations; foundation designs; utility protection details; flood opening details; certifications; and, where needed, hydrologic/hydraulic analyses sealed by a registered professional engineer.
(c)
Certifications.
(1)
Elevation Certificates for new construction and substantial improvements;
(2)
Floodproofing Certificates for dry-floodproofed nonresidential structures;
(3)
Certifications for openings and engineered enclosures;
(4)
Manufactured home foundation/anchoring certifications.
(d)
Records. In coordination with the City Clerk, the FPA shall maintain all permits and certifications as public records.
(e)
Other permits required. No floodplain development permit shall be issued until the applicant demonstrates that all other required State and Federal permits have been obtained for the proposed development.
(f)
Permit approval criteria (reasonably safe from flooding). In reviewing floodplain development permits, the FPA shall assure that proposed sites are reasonably safe from flooding and shall require, for all new construction and substantial improvements in flood-prone areas, the use of methods and practices that minimize flood damage, including but not limited to anchoring, use of flood-damage-resistant materials, and the design and/or location of utilities and service equipment to prevent water from entering or accumulating within components during conditions of flooding, consistent with 44 C.F.R. § 60.3(a)(3) and applicable CBSC/Appendix G and ASCE 24 ( current edition as adopted).
(Ord. 468 § 1, 2025)
§ 85.020325 Development standards in special flood hazard areas.
All new construction and substantial improvements in SFHAs shall meet or exceed the standards below (NFIP minimums) and applicable CBSC/Appendix G and ASCE 24 (current edition as adopted). Where standards conflict, the more restrictive applies.
(a)
Standards of construction.
(1)
Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement due to hydrostatic and hydrodynamic loads and buoyancy.
(2)
Materials and methods. All new construction and substantial improvements shall:
(A)
Be constructed with flood-damage-resistant materials and by methods and practices that minimize flood damage;
(B)
Have electrical, heating, ventilation, air-conditioning, plumbing, gas, communications, and other service facilities/equipment designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding, consistent with CBSC/ Appendix G and ASCE 24 (current edition as adopted); and
(C)
On sloping sites, provide adequate drainage paths around structures to guide floodwaters away from buildings.
(3)
Fill. Where fill is used to elevate building pads, demonstrate compaction and protection against erosion, scour, and differential settlement, consistent with accepted engineering standards and any FPA conditions.
(b)
Elevation and floodproofing.
(1)
Residential construction. The lowest floor (including basement) shall be elevated to at least:
(A)
The BFE plus the required elevation in accordance with CBSC/Appendix G and ASCE 24 (current edition as adopted); or
(B)
The Design Flood Elevation (DFE), whichever is higher.
(2)
Nonresidential construction. Either elevate the lowest floor as in (b)(1) or dry-floodproof the structure to at least the required elevation in accordance with CBSC/Appendix G and ASCE 24 (current edition as adopted). Floodproofing designs must be certified by a registered professional engineer or architect.
(3)
Enclosures below the lowest floor. Limited to parking, building access, or storage; must include compliant flood openings; must be constructed of flood-damage-resistant materials; and shall not be finished or converted to habitable space.
(4)
AO Zones.
(A)
Residential elevation. The lowest floor (including basement) shall be elevated above the highest adjacent grade by at least the depth shown on the FIRM plus one (1) foot; if no depth is specified, the lowest floor shall be elevated not less than three (3) feet above the highest adjacent grade.
(B)
Nonresidential elevation or dry floodproofing. The lowest floor shall be (i) elevated to the same elevation required by subsection A, or (ii) dry-floodproofed to a DFE equal to the depth shown on the FIRM plus one (1) foot, or three (3) feet above highest adjacent grade if no depth is specified, in accordance with CBSC/Appendix G and ASCE 24 (current edition as adopted), with certification by a registered professional engineer or architect.
(5)
Utilities, water supply, sanitary sewer, and on-site waste disposal.
(A)
Water supply systems. Within SFHAs, new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems.
(B)
Sanitary sewer systems. Within SFHAs, new and replacement sanitary sewage systems shall be designed to minimize or eliminate (i) infiltration of floodwaters into the systems and (ii) discharges from the systems into floodwaters.
(C)
On-site waste disposal systems. Within SFHAs, on-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(c)
Manufactured homes and recreational vehicles.
(1)
Manufactured homes. New or replacement manufactured homes shall be elevated on permanent foundations and securely anchored to resist flotation, collapse, and lateral movement; the lowest floor shall meet the elevation requirements of subsection (b).
(2)
Recreational vehicles (RVs). In SFHAs, RVs shall be: (i) on site for fewer than 180 consecutive days, or (ii) fully licensed and highway-ready, or (iii) elevated and anchored to the same standards as manufactured homes.
(d)
Subdivision proposals and large developments. Proposals for 50 or more lots or 5 or more acres (whichever is less) shall include BFEs where not provided and shall be consistent with the need to minimize flood damage; public utilities and facilities shall be located and constructed to minimize flood damage; adequate drainage shall be provided.
(Ord. 468 § 1, 2025)
§ 85.020330 Floodways; watercourse alteration; subdivisions.
(a)
Regulatory floodways. Encroachments, including fill, new construction, substantial improvements, and other development within a designated regulatory floodway are prohibited unless it is demonstrated through hydrologic and hydraulic analyses by a registered professional engineer that the proposed encroachment would not result in any increase in flood levels during the base flood discharge.
(a-1)
Zones A1-A30 and AE Without a Designated Floodway (Cumulative Rise Standard). In Zones A1-A30 and AE where a regulatory floodway has not been designated, no new development or encroachment (including fill, new construction, substantial improvements, and other development) shall be permitted unless it is demonstrated, through hydrologic and hydraulic analyses prepared, signed, and sealed by a registered professional engineer using accepted methods and FEMA-approved models, that the cumulative effect of all past and projected development will not increase the Base Flood Elevation by more than one (1) foot at any point within the community. The FPA shall review and reasonably utilize such analyses as permit criteria and shall maintain a permanent record of findings. Where the standard cannot be met, the applicant must either (i) revise the project to comply, or (ii) obtain the necessary FEMA map revision (LOMR) establishing a floodway or otherwise demonstrating compliance prior to permit issuance.
(b)
Watercourse alteration. Prior to any alteration or relocation of a watercourse, the FPA shall: (1) notify adjacent communities and appropriate state/federal agencies; (2) submit required information to FEMA; and (3) ensure that the flood-carrying capacity is maintained.
(c)
Additional map-based areas. Where additional hazard studies identify areas not reflected on FIRMs, the FPA may apply this Article to such areas pending FEMA map revision.
(Ord. 468 § 1, 2025)
§ 85.020335 Boundary changes; letters of map change; map revisions.
(a)
Local boundary adjustments. Requests to modify FP Overlay boundaries shall include property documentation, topography, existing and proposed elevations, hydraulic analyses where needed, and any other data the FPA requires. Submittals shall be sealed by a registered professional engineer or licensed land surveyor, as appropriate.
(b)
FEMA map changes. The applicant is responsible for the costs of any FEMA LOMC or revision. Analyses shall use accepted hydrologic/hydraulic methods and models.
(c)
Consistency with NFIP. Any boundary change shall be consistent with NFIP criteria and this Article.
(d)
Effect of LOMC. Upon FEMA issuance of a LOMC that modifies an SFHA or BFE, the FPA shall rely on the LOMC for administration of this Article and shall process local map updates as needed.
(Ord. 468 § 1, 2025)
§ 85.020340 Variance procedure.
(a)
Purpose and standard. Variances are limited relief from strict application of this Article consistent with 44 C.F.R. § 60.6 and are granted only upon a showing of exceptional hardship unique to the property that cannot be remedied by design alternatives, with the minimum necessary deviation to afford relief.
(b)
Findings. In acting on a variance, the City shall consider technical evaluations and all relevant factors, including: danger to life and property; susceptibility of the proposed use; importance of the services provided; necessity of waterfront location; availability of alternative locations; compatibility with existing and anticipated development; consistency with the General Plan and floodplain management program; safe access during flood; expected flood characteristics; and public service costs during and after flood conditions.
(c)
Conditions and limitations.
(1)
Floodways. No variance may be issued in a regulatory flood way if any increase in flood levels would result.
(2)
Historic structures. Variances may be issued for repair or rehabilitation of Historic Structures if the work will not preclude continued historic designation and is the minimum necessary to preserve the structure's historic character and design.
(3)
Functionally dependent uses. Variances may be issued where necessary for functionally dependent uses if all variance criteria are met and the development is protected to minimize flood damages and avoid additional threats to public safety or nuisances.
(4)
Insurance and risk notice. Any variance that permits a structure below the required elevation may result in significantly increased flood insurance premiums and flood risk; the City shall provide written notice to the applicant and record the notice in the chain of title.
(d)
Records. The FPA shall maintain a record of all variances, including the justification, conditions, and elevation/floodproofing data.
(Ord. 468 § 1, 2025)
§ 85.020345 Disclaimer of liability.
The degree of flood protection required by this Article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. This Article does not imply that land outside SFHAs or uses permitted within such areas will be free from flooding or flood damage. This Article shall not create liability on the part of the City, its officers or employees, for any flood damages that result from reliance on this Article or any administrative decision lawfully made hereunder.
(Ord. 468 § 1, 2025)
§ 85.020350 Requirement to submit new technical data (44 C.F.R. § 65.3).
When Base Flood Elevations or flood hazard data change due to physical changes affecting flooding conditions, the FPA shall ensure that technical or scientific data are submitted to FEMA within six (6) months of such changes so floodplain management and insurance are based on current data.
(Ord. 468 § 1, 2025)
§ 85.020355 Enforcement; violations and penalties.
(a)
It is unlawful to violate any provision of this Article, any permit condition, or any lawful order of the FPA.
(b)
The City may use any remedies authorized by the Municipal Code or applicable law, including stop-work orders, administrative citations, civil or criminal enforcement, and nuisance abatement.
(c)
Each day a violation continues constitutes a separate offense.
(d)
The FPA shall not issue final approvals or certificates of occupancy until all requirements of this Article are satisfied.
(Ord. 468 § 1, 2025)
§ 85.020360 Severability; abrogation and greater restrictions; interpretation.
(a)
Severability. If any section, subsection, sentence, clause, or phrase of this Article is for any reason held invalid, such decision shall not affect the remaining portions.
(b)
Abrogation and greater restrictions. This Article does not repeal easements, covenants, or deed restrictions; where conflicts occur, the more restrictive controls.
(c)
Interpretation. All provisions are minimum requirements and shall be liberally construed in favor of carrying out the purposes of this Article and the NFIP.
(Ord. 468 § 1, 2025)
§ 85.020401 Intent.
The Geologic Hazard (GH) Overlay District is created to provide greater public safety by establishing review procedures and setbacks for areas that are subject to potential geologic problems such as groundskeeping, earthquake faults, liquefaction, and subsidence.
§ 85.020405 Locational requirements.
(a)
The Geologic Hazard Overlay District shall be designated in areas which are on or adjacent to active earthquake fault traces. This overlay district shall implement the requirements of the Alquist-Priolo Special Studies Zones Act of 1972.
(b)
The Geologic Hazard Overlay District shall be designated in areas where landslides, mudslides, and subsidence are prevalent and in areas with volcanic activity.
(c)
The Geologic Hazard Overlay District shall be designated in areas where liquefaction of the soil is associated with earthquake activity.
(d)
The Geologic Hazard Overlay District shall be designated by the symbol (GH) on the city of Yucaipa Official Land Use Plan.
§ 85.020410 Geologic reports.
(a)
A detailed geologic study prepared by a registered geologist shall be submitted with all land use applications and development permits proposed within the Geologic Hazard Overlay District that would lead to the construction of roads or structures or the subdivision of land. Said geologic report shall confirm the presence or absence of hazardous faults and, if applicable, the boundaries of existing or former marsh areas. Further, said report shall establish appropriate construction setbacks. Exemptions to the requirement for a geologic study include the following.
(1)
One, single-family, wood frame dwelling not exceeding two stories.
(2)
Single-family, wood frame dwellings located within a division of land for which an approved geologic report was prepared.
(3)
A non-residential, accessory use.
(4)
The alterations or additions to any structure where the value or area does not exceed 50% of the structure.
§ 85.020415 Development standards.
When a land use is proposed within a Geologic Hazard Overlay District, the following standards shall apply.
(a)
Development of all structures used for human occupancy, other than single family, wood frame structures, shall take place 50 feet or further from any active earthquake fault traces. Active fault traces are those delineated on the Alquist-Priolo Special Studies Zones Maps or on maps contained within the City’s General Plan.
(b)
Development of all structures used for critical facilities shall take place 150 feet or further from any active earthquake fault trace as indicated within the City’s General Plan. Critical facilities shall include dams, reservoirs, fuel storage facilities, power plants, nuclear reactors, police and fire stations, schools, hospitals, rest homes, nursing homes, and emergency communication facilities.
(c)
Utility lines and streets shall not be placed within the construction setback area of a hazardous fault, except for crossing which can be made perpendicular to the fault trace or as recommended by the project geologist and approved by the reviewing authority.
(d)
Development restricted areas are encouraged for use as recreation and common open spaces.
(e)
The following conditions may apply to areas subject to periodic landslides, subsidence, and soil liquefaction.
(1)
Siting. All facilities and streets should be sited so as to minimize the erosion potential.
(2)
Vegetation. Natural vegetation shall be retained and protected where possible. Where inadequate vegetation exists, additional landscaping shall be provided. Any additional landscaping shall be compatible with the local environment and capable of surviving with a minimum of maintenance and supplemental water.
(3)
Exposure of bare land. When land is exposed during development, only the smallest practicable land portion as an increment of a development project shall be exposed at any one time; the duration of time that the exposure remains unprotected shall be the shortest practical time period, and such exposure shall be protected with temporary vegetation or mulching where practical.
(4)
Run-off. The development should be designed to minimize water run-off. Provisions should be made to effectively accommodate any increased run-off.
(5)
Special measures. Measures shall be taken to offset the possible affects of landslides. A detailed geologic report identifying these measures shall be required prior to the issuance of building permits.
(6)
All proposed facilities located within liquefication and landslide hazard areas shall be constructed in a manner to minimize or eliminate subsidence damage.
§ 85.020501 Intent.
The Noise Hazard (NH) Overlay District is created to provide greater public safety by establishing land use review procedures and requirements for land uses in areas with identified high noise levels.
§ 85.020505 Locational requirements.
(a)
The Noise Hazard Overlay should be applied to those areas where the Average Day-Night Sound Level (Ldn) is 65 decibels, 65 dBA, or greater.
(b)
The Noise Hazard Overlay District shall be designated by the symbol (NH) on the City of Yucaipa Official Land Use Plan.
§ 85.020510 Development standards.
When a land use application or development permit is proposed within the Noise Hazard Overlay District, the following standards shall apply with respect to residential uses.
(a)
Noise levels shall be identified. An acoustical report shall be performed to identify noise impact, and any recommendation for noise attenuation or other mitigation measures shall be incorporated into the design standards or conditions of approval, as applicable.
(b)
Interior noise levels in all single family and multi-family residences and educational institutions shall not exceed 45 dBA Ldn emanating from sources outside of the residential building.
(c)
Exterior noise levels in all single family residential land use areas and multi-family residential land use areas should not exceed 65 dBA Ldn. Exterior noise levels shall not exceed 70 dBA for any residential use areas.
(d)
Ability to mitigate exterior noises to the levels of 65 dBA Ldn and 70 dBA Ldn shall be considered by the reviewing authority when determining the actual Ldn level with which the land uses must comply.
(e)
In areas where noise exceeds the noise standard, measures shall be taken to mitigate noise levels. An acoustical report identifying these mitigation measures shall be required and reviewed by the Community Development Department prior to issuance of any required development permits or approval of land use applications.
(f)
All other structures shall be sound attenuated against the combined input of all present and projected exterior noise to not exceed the following criteria.
12-Hour Equivalent Sound Level (Interior) | |
|---|---|
Typical Uses | dBA Ldn |
Educational, Institutions, Libraries, Churches, etc | 45 dBA |
General Office, Reception, etc. | 50 dBA |
Retail Stores, Restaurants, etc. | 55 dBA |
Other Areas for Manufacturing, Assembly, Test, Warehousing, etc. | 65 dBA |
In addition, the average of the maximum levels on the loudest of intrusive sounds occurring during a 24-hour period shall not exceed 65 dBA interior.
§ 85.020601 Intent.
The Hazardous Waste (HW) Overlay District is created to accomplish the following.
(a)
Ensure that hazardous waste facilities are sited in areas that protect public health, safety, welfare, and the environment.
(b)
Buffer hazardous waste facilities so that incompatible uses cannot be permitted in the future.
(c)
Identify permitted uses within the overlay.
(d)
Outline the permit review procedures.
§ 85.020605 Locational requirements.
(a)
The Hazardous Waste Overlay District shall be applied to those areas where a Hazardous Waste Facility is being approved concurrently.
(b)
The Hazardous Waste Overlay District shall be designated by the symbol (HW) on the city of Yucaipa’s Official Land Use Plan.
(c)
The Hazardous Waste Overlay District may most appropriately be located in the following land use district.
(1)
Community Industrial (IC). This district is intended for treatment, incineration, recycling, storage, and transfer facilities. Incineration facilities shall not, however, be located in areas where emissions from the facility could directly impact food crops or livestock.
(d)
Siting criteria for hazardous waste facilities. Refer to Table 5-2 of Chapter 5 of the City of Yucaipa Hazardous Waste Management Plan.
(e)
A Risk Assessment evaluating a proposal for a Hazardous Waste Facility shall determine the appropriate location for the overlay district for the facility.
§ 85.020610 Development standards.
(a)
Review procedures include State and County processes. The types of applications required for local evaluation of a specified hazardous waste facility proposal include both discretionary and ministerial permits. The required Yucaipa permits or processes include the following.
(1)
General Plan Amendment to apply the Hazardous Waste (HW) Overlay District to the proposed site and respective buffer.
(2)
Conditional use permit. Refer to Article 1 of Chapter 3 of Division 3 of this Title for the procedures for this permit.
(3)
Special use permit. This permit is issued by the San Bernardino County Department of Environmental Health Services and is required as a condition of approval of the Conditional Use Permit.
(4)
Ministerial Permits from the Yucaipa Office of Building and Safety for building, grading, flood control, etc. For a complete discussion of the local application review process, refer to Section 5.3.3 and Table 5-4 of Chapter 5 of the City of Yucaipa Hazardous Waste Management Plan.
(b)
The following list of use classifications has been determined to be compatible with a hazardous waste facility. These use classifications are permitted within a HW Overlay District.
(1)
Repair Services I, II and III.
(2)
Open Lot Services I and II.
(3)
Manufacturing Operations I and II.
(4)
Wholesale/Warehouse Services I and II.
(5)
Contract/Construction Services.
(6)
Transportation Services I and II.
(7)
Salvage Services.
(c)
The following uses are specifically prohibited from the HW Overlay District.
(1)
Residential uses of any type.
(2)
Agricultural uses of any type.
(3)
Facilities with a high concentration of people/immobile population such as schools, hospitals, auditoriums, amphitheaters, jails, etc.
§ 85.030101 Intent.
(a)
The preservation of agricultural land uses is important to the economic well-being of the City.
(b)
The Agricultural Preserve (AP) Overlay District is created to protect vital agricultural uses by limiting land use activity to those uses which are compatible with and supportive of agriculture and related uses and/or agricultural by-products.
(c)
The Agricultural Preserve Overlay District identifies those properties within an established agricultural preserve. Such properties may be subject to a Land Conservation Contract which has been executed between the landowner and the State. Such agreements offer tax advantages to the landowner and include an enumerated list of the allowed uses for the commercial production of plant and animal products which have been found to be compatible with agriculture.
§ 85.030105 Locational requirements.
(a)
The Agricultural Preserve Overlay District shall be applied to those areas which are contained within an Agricultural Preserve as defined in the California Land Conservation Act of 1965 (Williamson Act), Government Code Section 51200, et seq., and as designated upon the land use maps of the City’s General Plan.
(b)
The Agricultural Preserve Overlay District shall be designated to the following land use districts only: Rural Living (RL) and Floodway (FW).
(c)
The Agricultural Preserve Overlay District shall be designated by the symbol (AP) on the City of Yucaipa Official Land Use Plan.
§ 85.030110 Development standards.
When an Agricultural Preserve Overlay District is established, it shall be in conformance with the California Land Conservation Act of 1965 (Williamson Act), Government Code Section 51200, et seq. Land and land uses proposed within an agricultural preserve must be an agricultural use or be compatible with agricultural uses. Refer to Section 83.040220(a)(2)(C) in Division 3 of this Code for parcel size limitations.
(a)
The following list of uses has been determined to be compatible.
(1)
Agricultural use, described as any use of land for the purpose of producing an agricultural commodity, consisting of any and all plant and animal products for commercial purposes, provided such use is permitted by the applicable land use district and not prohibited by other law or ordinance.
(2)
A stand for the display and sale of agricultural commodities produced on the premises or other premises within the preserve.
(3)
Gas, electric, water, communication utility facilities, and public service facilities of like nature, operated by a public agency or mutual water company.
(4)
Public highways.
(5)
Fire protection works and facilities.
(6)
Flood control works, including channel rectification and alteration.
(7)
Public works required for fish and wildlife enhancement and preservation.
(8)
Improvements for the primary benefit of the land within the preserve.
(9)
State improvements described in Subsection 51293(d) of the California Government Code.
(10)
Single dwelling units for the use only of an owner or manager of land within the agricultural preserve, or a person employed on said land, if such use is permitted by the applicable land use district, but not exceeding three dwellings for each parcel of not less than 10 acres.
(11)
Farm labor camps, including temporary trailer housing, subject to the provisions of this Title and all other applicable laws.
(12)
Drying, packing, or other processing of an agricultural commodity usually performed on the premises where it is produced.
(13)
Any use existing on the date the land is included within an agricultural preserve, although any such use since discontinued for two years shall not be resumed unless permitted under these rules.
(14)
Any use required to be permitted by an amendment to the California Land Conservation Act of 1965 hereafter adopted.
(15)
“Open space uses” as defined in California Government Code Section 51201.
(16)
Churches whose total square footage (of all structures on site) does not exceed 12,000 square feet and the minimum parcel size is 10 acres, unless the parcel was created prior to January 1, 1991, in which case the minimum parcel size shall be five acres.
(17)
Agriculturally oriented schools with an approved Conditional Use Permit.
(18)
Resource Recovery Systems which are designed for the use of animal or plant products or waste for no less than 75% of their fuel or material source (percent measured as British Thermal Unit heat content for energy generation or percent of volume of materials consumed for agricultural products averaged over the current year of operation) for the production of a commodity for the primary benefit of the agricultural community or for the generation of electrical energy, unless prohibited by other law or ordinance shall be permitted. Any temporary or permanent use of more than 25% non-animal or plant products or waste (percent measured as described above) by such an approved project is subject to approval by the City Planning Commission, and their finding that an adequate animal or plant product or waste supply is not available to maintain the approved design output capacity of the project due to interruptions of delivery or elimination of the source beyond the feasible control of the applicant. Such Planning Commission approval to exceed 25% non-animal or plant product or waste shall apply only as long as an adequate animal or plant product or waste supply is not available and subject to prohibition by other law or ordinance. Sludge materials shall not be permitted as an alternative source.
(19)
Recreational uses as defined by California Government Code subsections 51201(e) and (n), subject to Conditional Use Permit.
(b)
Any use may be determined to be a compatible use in all agricultural preserves by the City Council, after public hearing on 10 days’ published notice and such other notice, if any, as may be specified. Thereafter, such use shall be deemed a compatible use in any agricultural preserve, providing that it is not inconsistent with uses listed in Section 85.030110(a) above.
§ 85.030201 Intent.
The purpose of the Biotic Resources (BR) Overlay District is to implement General Plan policies regarding the protection and conservation of beneficial rare and endangered plants and animal resources and their habitats which have been identified within incorporated areas of the City.
§ 85.030210 Locational requirements.
The Biotic Resources Overlay District shall be applied to incorporated areas of the City which have been identified by a City, County, State or Federal agency as habitat for species of unique, rare, threatened, or endangered plants or animals, or their habitats as listed in the General Plan.
§ 85.030215 Designation.
The Biotic Resources Overlay District shall be designated by the symbol (BR) on the City of Yucaipa Official Land Use Plan.
§ 85.030220 Development standards.
When a land use is proposed or an existing land use is increased by more than 25% within a Biotic Resources Overlay District, the applicant shall have a report prepared identifying all biotic resources located on the site, as well as those on adjacent parcels, which could be impacted by the proposed development. The report shall outline mitigating measures designed to reduce or eliminate impacts to the identified resource(s), and shall be submitted along with the application for the proposed development. The report shall be prepared by an appropriate expert such as a qualified biologist, botanist, herpetologist or other professional “life scientist.”
The conditions of approval of any land use application shall incorporate the identified mitigating measures to protect and preserve the habitats of the identified plants and/or animals.
§ 85.030301 Intent.
(a)
The identification and preservation of important archaeological and historical resources is necessary, as many such resources are unique and non-renewable.
(b)
Preservation of such cultural resources provides a greater knowledge of City history, thus promoting City identity and conserving historic and scientific amenities for the benefit of future generations.
§ 85.030305 Locational requirements.
The Cultural Resources Preservation (CP) Overlay District may be applied to those areas where archaeological and historic sites which warrant preservation are known or are likely to be present.
Specific identification of known cultural resources is indicated by listing in one or more of the following inventories.
(a)
California Archaeological Inventory.
(b)
California Historic Resources Inventory.
(c)
California Historical Landmarks.
(d)
California Points of Historic Interest.
(e)
National Register of Historic Places.
§ 85.030310 Designation.
The Cultural Resources Preservation Overlay District shall be designated by the symbol (CP) on the Yucaipa Natural Resource Overlay Map.
§ 85.030315 Development standards.
When a land use is proposed within a CP Overlay District, the following studies and actions shall be taken as specified.
(a)
The presence (or absence) of archaeological and historical resources within a given project area shall be determined through an appropriate investigation by qualified personnel. A report documenting the results of such investigation shall be submitted with project application.
(b)
Data recovery or protection measures shall be developed and implemented for identified cultural resources determined to be important by a qualified archaeologist or historian. Such measures may include, but are not limited to the following.
(1)
Site recordation.
(2)
Mapping and surface collection of artifacts, with appropriate analysis and curation.
(3)
Excavation of sub-surface deposits when present, along with appropriate analysis and artifact curation.
(4)
Preservation in an open space easement and/or dedication to an appropriate institution with provision for any necessary maintenance and protection.
(c)
Archaeological and historical resources which are determined by qualified professionals to be extremely important should be preserved as open space or dedicated to a public institution when possible.
§ 85.030401 Intent.
(a)
The extraction of mineral resources may be important to the economic well-being of the City and the needs of society.
(b)
Certain privately-owned land areas of the City may contain significant amounts of mineral resources. Mineral Resources Overlay Districts are created to protect these resources for present and future extractions. Since mineral extraction must take place on the physical site where the minerals naturally occur, special controls are needed to minimize conflicts with other land uses. The Mineral Resources Overlay District functions as a “holding district” since the land will be redesignated and reclaimed for other land uses when mining operations cease. Also, the district will insure that land disturbances are minimized through regulations and through the prohibition of any other land uses in these districts which are incompatible with mining.
(c)
Once the mining activity ceases, the mined lands shall be reclaimed for new uses in order to prevent or minimize adverse effects on the environment and to protect the public health, safety, and welfare.
§ 85.030405 Objectives.
The Mineral Resources Overlay District shall have the following objectives.
(a)
Adverse environmental effects shall be prevented or minimized.
(b)
Mined lands shall be reclaimed to a usable condition which is readily adaptable for alternative land uses.
(c)
The production and conservation of minerals is encouraged, but the mining industry shall also preserve areas relating to environmental and recreational amenities if such amenities are located within the mining locale.
(d)
Residual hazards to the public health and safety shall be eliminated.
§ 85.030410 Locational requirements.
The Mineral Resources Overlay District shall be applied on the following areas.
(a)
Areas with existing major surface mining activities.
(b)
Areas where mining activity is expected to take place in the future.
(c)
Areas adjacent to current or proposed mining activity to prohibit the intrusion of incompatible uses.
§ 85.030415 Designation.
The Mineral Resources Overlay District shall be designated by the symbol (MR) on the City of Yucaipa Land Use Plan.
§ 85.030420 Development standards.
(a)
Mineral Resources Overlay Districts shall be free from any land use that is incompatible with mining activity.
(b)
When mining activity ceases, the land owner and/or mining company shall be responsible for the reclamation of the site.
(c)
Reclamation shall include, but not be limited to, the reasonable mitigation or elimination of residual hazards.
(d)
Incompatible land uses shall be suitably buffered from mining activity. Appropriate transition measures shall be taken in order to insure compatibility between mining activity and surrounding land uses.
§ 85.030425 Required information.
A Mining/Reclamation Plan describing the phasing of reclamation in relation to the phases of the mining operation shall be submitted for land areas which are to be included within a Mineral Resources Overlay District, subject to the provisions of this Code regarding surface mining and land reclamation and the California Surface Mining and Reclamation Act (SMARA).
§ 85.030501 Intent.
(a)
The identification and preservation of significant paleontologic (fossil) resources is necessary as many such resources are unique and non-renewable.
(b)
Preservation of such paleontologic resources provides a greater knowledge of City natural history, thus promoting City identity and conserving scientific amenities for the benefit of future generations.
§ 85.030510 Locational requirements.
The Paleontologic Resources (PR) Overlay District may be applied to those areas where paleontologic resources are known to occur or are likely to be present.
Specific identification of known fossil occurrences or potential paleontologic sensitivity is indicated by listing in the locality files of one or more of the following institutions.
(a)
San Bernardino County Museum.
(b)
University of California.
(c)
Los Angeles County Museum.
§ 85.030515 Designation.
The Paleontologic Resources Overlay District shall be designated by the symbol (PR) on the City of Yucaipa Natural Resource Overlay Map.
§ 85.030520 Development standards.
When a land use is proposed within a PR Overlay District, the following criteria shall be used to evaluate the project’s compliance with the intent of the overlay.
(a)
In areas of potential but unknown sensitivity, field surveys prior to grading shall be required to establish the need for paleontologic monitoring.
(b)
Projects which require grading plans and which are located in areas of known fossil occurrences within the overlay district, or that have been demonstrated to have fossils present in a field survey, shall have all mass grading monitored by trained paleontologic crews working under the direction of a qualified professional in order that fossils exposed during grading can be recovered and preserved. Fossils include large and small vertebrate fossils; the latter are recovered by screen washing of bulk samples.
(c)
All recovered specimens shall be prepared to the point of identification and adequately curated into retrievable collections of an institution with appropriate staff and facilities for their scientific information potential to be preserved.
(d)
A report of findings with an itemized accession inventory shall be prepared as evidence that monitoring has been successfully completed. A preliminary report shall be submitted and approved prior to the granting of building permits, and a final report shall be submitted and approved prior to the granting of occupancy permits. The adequacy of paleontologic reports shall be determined in consultation with the Curator of Earth Science at the San Bernardino County Museum.
(e)
In no event shall the City require the applicant to pay more for mitigation [Subsections 85.030520(b)(c) and (d) above] within the site of the project than the following amounts.
(1)
One half of one percent (.005) of the projected cost of the project, if the project is a commercial or industrial project.
(2)
Three fourths of one percent (.0075) of the projected cost of the project for a housing project consisting of one unit.
(3)
If a housing project consists of more than one unit, three fourths of one percent (.0075) of the projected cost of the first unit plus the sum of the following.
(A)
$200 per unit for any of the next 99 units.
(B)
$150 per unit for any of the next 400 units.
(C)
$100 per unit for units in excess of 500
§ 85.030601 Intent.
The intent of the Scenic Resources Overlay District is to provide development standards that will protect, preserve, and enhance the aesthetic resources of the City. Design considerations can be incorporated in many instances to allow development to coexist and not substantially interfere with the preservation of unique natural resources, roadside view, and scenic corridors of such natural resources. It is also the intent of the Scenic Resources Overlay District to implement State and Federal programs and regulations regarding scenic highway routes.
§ 85.030605 Locational requirements.
The Scenic Resources Overlay District may be applied to the following areas.
(a)
Areas with unique views of the City’s mountain, and valley areas or any other aesthetic natural land formations.
(b)
An area extending 200 feet on both sides of the ultimate road right-of-way of State, County and City-designated Scenic Highways as set forth in the County of San Bernardino’s and the City of Yucaipa’s General Plan; the area covered may vary to reflect the changing topography and vegetation along the right-of-way.
(c)
The Scenic Resources Overlay District shall be designated by the symbol (SR) on the City of Yucaipa Official Land Use Plan.
§ 85.030610 Development standards.
When a land use is proposed within an (SR) Overlay, the following criteria shall be used to evaluate the project compliance with the intent of the overlay.
(a)
Building and structure placement. The building and structure placement should be compatible with and should not detract from the visual setting, nor should it obstruct significant views.
(b)
Review area. Intensive land development proposals including, but not limited to, residential facilities, commercial activities, and mobilehome parks shall be designed to blend into the natural landscape and maximize visual attributes of the natural vegetation and terrain. The design of said development proposals shall also provide for maintenance of a natural open space parallel to and visible from the right-of-way.
(c)
Access drives. Right-of-way access drives should be minimized. Developments involving concentrations of commercial activities should be designed to function as an integral unit, with common parking and right-of-way access drives.
(d)
Landscaping. The removal of native vegetation, especially timber, shall be minimized. Replacement vegetation and landscaping shall be compatible with the local environment and, where practicable, capable of surviving with a minimum of maintenance and supplemental water. Landscaping and plantings should not obstruct significant views, either when installed or when they reach mature growth.
(e)
Roads, pedestrian walkways, parking, and storage areas. Any large-scale development should restrict the number of access points by providing common access roads. Parking and outside storage areas should be screened from view to the maximum extent feasible from either the Scenic Highway or the adjacent scenic or recreational resource by existing topography, by the placement of buildings and structures, or by landscaping and plantings which are compatible with the local environment and, where practicable, are capable of surviving with a minimum of maintenance and supplemental water.
(f)
Above-ground utilities. Utilities shall be constructed and routed underground except in those situations where natural features prevent the underground siting or where safety considerations necessitate above-ground construction and routing. Above-ground utilities shall be constructed and routed to minimize detrimental effects on the visual setting of the designated area. Where it is practical, above-ground utilities shall be screened from view from either the Scenic Highway or the adjacent scenic or recreational resource by existing topography, or by the placement of buildings and structures.
(g)
Grading. The alteration of the natural topography of the site shall be minimized and shall avoid detrimental effects to the visual setting of the designated area and the existing natural drainage system. Alterations of the natural topography should be screened from view from either the scenic highway or the adjacent scenic or recreational resource by landscaping and plantings which harmonize with the natural landscape of the designated area, and which are capable of surviving with a minimum of maintenance and supplemental water.
(h)
Timber harvesting within or adjacent to the right-of-way shall be limited to that which is necessary to maintain and enhance the quality of the forest.
(i)
Storage area. Outside storage areas associated with commercial activities shall be completely screened from view of the right-of-way with landscaping and plantings which are compatible with the local environment and are capable of surviving with a minimum of maintenance and supplemental water.
(j)
Primary freestanding signs greater than 18 square feet are prohibited in the Scenic Resources Overlay District.
§ 85.030701 Intent.
The purpose of the Hillside Overlay District is to implement General Plan policies regarding the protection of hillside resources to protect features that help define the City’s character in areas designated for protection by the General Plan.
(Ord. 349 § 1, 2016)
§ 85.030705 Locational requirements.
The Hillside Overlay District is appropriate when it will regulate eligible development in hillside areas designated for protection by the General Plan through the development standards set forth in the Development Code.
(Ord. 349 § 1, 2016)
§ 85.030710 Designation.
The Hillside Overlay District shall be designated on the City of Yucaipa General Plan Hillside Overlay District Map. Prominent Ridgelines identified by City of Yucaipa Ordinance No. 81 shall also be designated on the City of Yucaipa General Plan Hillside Overlay District Map.
(Ord. 349 § 1, 2016)
§ 85.030715 Development standards.
All new construction and entitlements on property located within the Hillside (H) Overlay District shall comply with all provisions specified by Chapter 11 (Regulation of Hillside and/or Ridgeline Developments) of Division 7 (General Design Standards) of the Development Code.
(Ord. 349 § 1, 2016)
§ 85.040101 General provisions.
(a)
Intent. The Additional Agriculture (AA) Overlay District creates, preserves, and improves areas for small and medium-scale agricultural enterprises utilizing productive agricultural lands for raising, some processing, and sale of plant crops, animals, or their primary products. It is an overlay district where agricultural uses exist compatibly with a variety of rural residential lifestyles.
(b)
Locational requirements. The Additional Agriculture Overlay District is appropriate when it will serve to protect and enhance an area which is a neighborhood or community that is substantially occupied by rural-type, single family homes on large parcels and is predominantly used for small-scale, commercial agricultural activities.
(c)
Designation. The Additional Agriculture Overlay District shall be designated by the symbol (AA) on the City of Yucaipa Official Land Use Plan.
(d)
Development standards. This section establishes regulations to allow animal raising as a primary use of land. All animal raising land uses shall comply with public health laws regarding proper care and maximum number of animals.
§ 85.040120 Additional agriculture.
The following permitted land use categories shall be responsive to the agricultural needs of the community or region.
(a)
Permitted additional animals.
Animal Type | Min. Lot Area | Max. Density/Sq Ft |
|---|---|---|
Dogs and cats and other non-farm animals | 1 acre | 4 per parcel |
Fish raising (max. pond size) | 1/2 surface acre | 6 per parcel |
Aviary, apiary, or similar small animal farms | 1 acre | 1 farm per parcel |
Rabbits and chinchillas | 1 acre | 50 per 10,000 (200 maximum) |
Poultry (female) | 1 acre | 99 per 5 acres |
Poultry (male) | 5 acres | 99 per 5 acres |
1 acre | 2 species per parcel | |
10 acres | 2 species per 5 acres | |
Sheep, female goats and similar livestock | 1/2 acre | 1 per 4,000 |
Sheep, female goats and similar livestock | 2 1/2 acres | 1 per 3,000 |
Male adult goats | 1 acre | 1 |
5 acres | 1 per 5 acres (4 maximum) | |
Cattle | 1 acre | 1 per 10,000 |
Cattle | 2 1/2 acres | 1 per 7,000 |
Horses | 1/2 acre | 1 per 10,000 |
Horses | 2 1/2 acres | 1 per 7,000 |
Hogs (5 maximum) | 1 acre | 1 per 20,000 |
Hogs (9 maximum) | 2 1/2 acres | 1 per 14,000 |
(b)
Additional animal uses subject to a conditional use permit.
(1)
Commercial kennels and catteries; minimum parcel size of two acres.
(2)
Agricultural support services.
(3)
Animal raising of densities greater than or the raising of animal types different than those permitted by this section (commercial poultry ranches restricted to a minimum of 10 acres).
(4)
Cow and goat dairies, parcel shall be 10 acres or more.
(5)
Hog ranches and calf-growing ranches, parcel shall be five acres or more.
§ 85.040201 General provisions.
(a)
Intent. The Alternate Housing (AH) Standards Overlay District is intended to provide an alternative to the residential standards as specified by Division 8 of this Code.
(b)
Locational requirement. The Alternate Housing Standards Overlay District may overlay any district which provides for single family residential uses. An Alternate Housing Standards Overlay District shall encompass a minimum area of 40 acres.
(c)
Designation. The Alternate Housing Standards Overlay District shall be designated by the symbol (AH) on the City of Yucaipa Official Land Use Plan.
§ 85.040210 Development standards.
Homes installed on property designated with an AH overlay district shall comply with the construction standards specified by subsections 88.0101(a), (e), (f) and (g) and the following standards.
(a)
The minimum floor area shall be 725 square feet, measured from the exterior of the structure.
(b)
The minimum floor width shall be 14 feet, measured from the exterior of the structure.
(c)
In lieu of the eave and gable requirement, the following may be utilized.
(1)
An attached patio or porch covering a minimum of 50 square feet and,
(2)
A full rain gutter system.
§ 85.040301 General provisions.
(a)
Intent.
The Mobilehome Park Overlay District is intended to promote the maintenance and viability of existing mobilehome parks through appropriate zoning. It is an overlay district where mobilehome parks are established as the primary land use in order to limit the conversion of existing affordable housing to other land uses.
The Senior Mobilehome Park Overlay District is intended to preserve a variety and balance of housing types within the City, and it provides assurances that existing senior mobilehome parks within the Mobilehome Park Overlay District will remain exclusively available to seniors.
(b)
Locational requirements. The Mobilehome Park Overlay District may overlay any property which provides for mobilehome park developments.
(c)
Designation.
The Mobilehome Park Overlay District shall be designated by the symbol (MHP1) on the City of Yucaipa Official Land Use Plan. The (MHP1) designation applies to all of the forty-two (42) mobilehome parks that exist in the City of Yucaipa as of the effective date of the ordinance codified in this section.
The Senior Mobilehome Park Overlay District shall be designated by the symbol (MHP2) on the City of Yucaipa Official Land Use Plan. The (MHP2) designation applies to all of the twenty-two (22) senior mobilehome parks that exist in the City of Yucaipa as of the effective date of the ordinance codified in this section.
The Mobilehome Park Overlay District 3 shall be designated by the symbol (MHP3) on the City of Yucaipa Official Land Use Map. The (MHP3) designation applies to all mobilehome parks designated by the City Council of the City of Yucaipa eligible for conversion to another use.
(Ord. 289 §§ 5, 6, 2009; Ord. 344 § 2, 2016)
§ 85.040305 Development standards.
(a)
Mobilehomes installed on property designated with an MHP overlay shall comply with the construction standards specified by Section 88.0101(a).
(b)
Conversion of a mobilehome park to another use shall require approval of a Relocation Impact Report, including Relocation Plan, in accordance with Article 3.5 of this chapter, and compliance with all applicable development standards and entitlement procedures of this Code for the proposed conversion of use. Only properties designated as MHP3 shall be eligible for conversion to another use pursuant to Article 3.5. If a proposed conversion of use of MHP3-designated property requires a subdivision of land, such property shall not be converted to another use without also first complying with Section 83.040205(a)(2)(K) of Article 2 of Chapter 4 of this Code. Upon approval of a Relocation Impact Report, with Relocation Plan, pursuant to Article 3.5 for an MHP3-designated property, such property shall continue to be maintained, operated and developed in accordance with the requirements of Chapter 3 of Division 8 of Division 3 of this Code and Chapter 15.20 of the Municipal Code until implementation of a conversion project. All other property designated with an MHP1 or MHP2 overlay shall not be converted to other uses without first obtaining a General Plan Land Use District Change in accordance with Section 83.020105 of this Code and complying with all other applicable provisions of this Code for the proposed use.
(c)
Property designated with an MHP overlay shall be developed in accordance with the requirements of Chapter 3 of Division 8 of this Code.
(d)
No Senior Mobilehome Park located within the MHP2 District shall convert to a non-senior mobilehome park.
(Ord. 289 § 7, 2009; Ord. 344 § 3, 2016)
§ 85.040310 Definitions.
The following terms shall have the following meanings for the purposes of this article:
(a)
“Concessions” or “incentives”
mean any concession or incentive issued or awarded to a project by the City by virtue of the project qualifying as a senior housing project. Concessions and incentives shall include, but are not limited to: (1) receipt of a density bonus, incentive, or lower parking requirements consistent with Government Code Section 65915(b)(3); (2) any preference received on account of qualifying as “housing for older persons” under Federal law, having been “designed to meet the physical and social needs of senior citizens” under State law, or qualifying as a “senior citizen housing development” as defined under Civil Code Section 51.3 or 51.11, or similar authority; (3) any development which received any benefit pursuant to Section 65995 et seq. (relating to lowered developer fees to fund school construction); or (4) any other reduction in design or development standards, financial assistance, or other development related concession or incentive that the project received from the City on account of the project intending to become, or for actually becoming a senior housing project.
(b)
“Convert” or “conversion”
means changing from a senior mobilehome park to a mobilehome park that could not qualify as a senior mobilehome park.
(c)
“Mobilehome”
is a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Vehicle Code Section 35790. Mobilehome does not include a recreational vehicle, as defined in Civil Code Section 799.4, or a commercial coach, as defined in Health and Safety Code Section 18218. For the purposes of this section, the term “mobilehome” includes “manufactured home.”
(d)
“Mobilehome park”
is an area of land where two or more mobilehome or manufactured home sites are located to accommodate mobilehomes used for human habitation. This definition shall include rental mobilehome parks where mobilehome spaces are rented or held out for rent. Mobilehome park shall also include a mobilehome subdivision, condominium, or stock cooperative in which specific ownership rights are acquired by the space occupants within the mobilehome park.
(e)
“Senior mobilehome park”
means a mobilehome park in which at least eighty (80) percent of the spaces are occupied by, or intended for occupancy by, at least one person who is fifty-five (55) years of age or older, or in which one hundred (100) percent of the spaces are occupied or intended for occupancy by persons sixty-two (62) years of age or older, or that, at the time of initial City approval, which approval occurred subsequent to the effective date of the ordinance codified in this section, received a concession or incentive from the City.
(Ord. 289 § 8, 2009)
§ 85.040315 Land use regulations.
At least eighty (80) percent of the spaces in mobilehome parks in the Senior Mobilehome Park Overlay District shall be occupied by at least one person fifty-five (55) years of age or older. If an existing mobilehome park met this qualification on January 1, 2009, and fell below the eighty (80) percent requirement between that date and the effective date of the ordinance codified in this section, the Senior Mobilehome Park Overlay District shall be applied to that mobilehome park and that park shall be required to operate as a senior mobilehome park by renting spaces and mobilehomes only when at least one occupant of the mobilehome is fifty-five (55) years of age or older. The signage, advertising, park rules, regulations, rental agreements and leases for spaces in a senior mobilehome park in the MHP2 Overlay District shall state that the park is a senior park.
(Ord. 289 § 9, 2009)
§ 85.040320 Limitations on rentals.
Spaces and mobilehomes in a mobilehome park in the Senior Mobilehome Park Overlay District shall be rented only to occupants who meet the age requirement set forth in Section 85.040315, provided, however, that if the occupants of a space or mobilehome who do not meet this requirement rented the space or mobilehome before the effective date of the ordinance codified in this section, they shall be allowed to remain, and provided further that when such occupants cease to occupy a space or mobilehome, the mobilehome and space cannot thereafter be rented except to occupants who meet that age requirement.
(Ord. 289 § 10, 2009)
§ 85.0403501 Purpose.
The City of Yucaipa General Plan preserves the City’s mobilehome park inventories through policies establishing mobilehome park overlays and classifications contained in the City of Yucaipa Official Land Use Plan and Land Use Map. The City’s rent stabilization program for mobilehome parks also helps preserve long-term affordability of housing for seniors and families. This article establishes procedures and requirements for the proposed closure of a mobilehome park or other conversion of an existing mobilehome park to another use. The purpose of this article is to ensure that any proposed mobilehome park conversion is preceded by adequate notice, and that the social and fiscal impacts of the proposed conversion on park residents are adequately identified and mitigated through reasonable relocation and other assistance, consistent with the provisions of this article, the City’s General Plan, California Government Code Sections 65863.7, 65863.8 and 66427.4, and Civil Code Section 798.56.
(Ord. 344 § 4, 2016)
§ 85.0403505 Applicability and scope.
(a)
Eligible parks. This article applies only to those mobilehome parks located on real property bearing the land use designation of MHP3 on the City of Yucaipa Official Land Use Map as provided in Section 85.040301 of the Development Code. Parks bearing the land use designation of MHP1 or MHP2 shall not be eligible for conversion pursuant to this article unless the applicant first obtains a reclassification of the land use designation to MHP3 in accordance with all other requirements of the code and the City’s General Plan.
(b)
Except as provided in subsection (c), this article shall apply to all of the following actions affecting an eligible park:
(1)
The closure of the mobilehome park or any part thereof;
(2)
The cessation of use of the subject land as a mobilehome park; and
(3)
The change of use or other conversion of the mobilehome park or any part thereof to another use.
(c)
In addition to subsection (a), this article shall not apply to any of the following:
(1)
The conversion of a rental mobilehome park to resident ownership. For resident-initiated conversions of rental mobilehome parks to resident ownership the provisions of Article 13 of Chapter 4 of Division 3 and the Subdivision Map Act shall apply. For park owner-initiated applications for conversion of a rental park to resident ownership, the provisions of the Subdivision Map Act shall apply.
(2)
The closure or cessation of use of a mobilehome park resulting from the entry of an order for relief in bankruptcy, if a court of competent jurisdiction has determined that the conversion of the mobile home park is necessary and such court has taken further action which would preclude the payment of relocation assistance benefits.
(Ord. 344 § 4, 2016)
§ 85.0403510 Definitions.
For the purposes of this article, unless the context clearly requires otherwise, the following definitions shall apply:
(a)
"Absentee mobilehome owner or absentee owner."
A person who owns a mobilehome in a mobilehome park and does not reside in such mobilehome.
(b)
"Affected mobilehome owners and residents."
Resident mobilehome owners, mobilehome tenants and absentee mobilehome owners whose mobilehomes will be displaced by the conversion of a mobilehome park.
(c)
"Comparable housing."
A house, apartment complex or condominium that is substantially equivalent or better in terms of size (floor area and number of bedrooms), age, condition, location, price or rent level and amenities to the mobilehome that would be displaced by the mobilehome park conversion of use.
(d)
"Comparable mobilehome."
A mobilehome that is substantially equivalent or better in terms of size (floor area and number of bedrooms), age, condition, location, rental price, and amenities to the mobilehome that would be displaced by conversion of the mobilehome park.
(e)
"Comparable mobilehome park."
Any other mobilehome park substantially equivalent or better in terms of park age, condition, size (acreage and number of spaces), amenities, rental prices, rent control or rent stabilization, and other relevant factors to the mobilehome park that would be displaced by the mobilehome park conversion.
(f)
"Conversion applicant" or "applicant."
A mobilehome park owner who proposes to carry out a mobilehome park conversion of use.
(g)
"Conversion" or "conversion of use."
A mobilehome park closure, cessation of use or other change of use of a mobilehome park to another land use as defined in Section 85.0403505(b) of this article.
(h)
"Conversion permit."
A ministerial permit (including a Land Use Compliance Review and any other pertinent forms required by this article) to implement a conversion of use of a mobilehome park.
(i)
"Residential base density."
24 du/acre shall be permitted as a by-right component of a conversion of use of a mobilehome park.
(j)
"Development Opportunity Reserve" or "DOR."
An increase in commercial square footage for an eligible park site in return for a conceptual development plan, including a memorandum of understanding ("MOU"), that provides enhanced architecture and design, which would require City Council review and approval concurrent with a conversion permit application.
(k)
"Director" or "Director of Development Services."
The Director of Development Services of the City of Yucaipa.
(l)
"Disabled household."
A household in which a resident is a person with a medical condition or physical or mental impairment that substantially limits at least one of the person's major life activities, as defined in the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, as now in effect or subsequently amended.
(m)
"Legal owner."
Any person or entity having a legal interest in a mobilehome, such as a lender or mortgagor.
(n)
"Memorandum of Understanding" or "MOU."
An agreement between the City and a conversion applicant to implement a Development Opportunity Reserve as part of a conversion of use project.
(o)
"Mobilehome."
Mobilehome shall have the meaning set forth in the Mobilehome Residency Law, Civil Code Section 798, et seq., as now in effect or subsequently amended. Mobilehome includes, but is not limited to, a manufactured home, as defined in Section 798.3 of the Civil Code, Section 18007 of the Health and Safety Code, and a mobilehome as defined in Section 18008 of the Health and Safety Code, but does not include a recreational vehicle as defined in Civil Code Section 799.29, a commercial modular as defined in Health and Safety Code Section 18001.8 or factory-built housing as defined in Health and Safety Code Section 19971, or as said statutes may be amended from time to time.
(p)
"Mobilehome Improvements."
Any lawfully constructed improvements or renovations to the mobilehome or improvements to the mobilehome space made by the current resident, including, but not limited to, carports, roof, porches, patios, awnings, pop-out rooms, recreational equipment, barbecue equipment, landscaping, and similar amenities and repairs.
(q)
"Mobilehome Park."
As defined in Yucaipa Development Code Section 812.13080.
(r)
"Mobilehome Park Conversion of Use" or "Conversion."
Any closure or cessation of use of land as a mobilehome park or other conversion of use, as provided in Section 85.0403505(b) of this article.
(s)
"Mobilehome park conversion to ownership."
The conversion of an existing rental mobilehome park to resident ownership, including, but not limited to, a condominium mobilehome park or a community mobilehome park.
(t)
"Mobilehome Park Overlay District 1" or "MHP1."
The Mobilehome Park Overlay District established pursuant to Division 5 of the Development Code, and as designated on a particular parcel or parcels of land by the symbol "MHP1" on the City of Yucaipa Official Land Use Plan as provided in Section 85.040301 of the Development Code.
(u)
"Mobilehome Park Overlay District 2" or "MHP2."
The Senior Mobilehome Park Overlay District established pursuant to Division 5 of the Development Code, and as designated on a particular parcel or parcels of land by the symbol "MHP2" on the City of Yucaipa Official Land Use Plan as provided in Section 85.040301 of the Development Code.
(v)
"Mobilehome Park Overlay District 3" or "MHP3."
The Mobilehome Park Overlay District established pursuant to Division 5 of the Development Code, applicable to all mobilehome parks designated by the City Council of the City of Yucaipa for reuse to another use, and as designated on a particular parcel or parcels of land by the symbol "MHP3" on the City of Yucaipa Official Land Use Plan as provided in Section 85.040301 of the Development Code.
(w)
"Mobilehome Space."
A mobilehome unit, lot or other portion of a mobilehome park designated or used for the occupancy of one mobilehome.
(x)
"Park Owner."
A person or entity that owns a mobilehome park or a person or entity authorized to act on behalf of the owner of a mobilehome park.
(y)
"Relocation Impact Report" or "RIR."
A report meeting the requirements of this article, describing the impacts of a mobilehome park conversion on affected resident mobilehome owners and residents; and including a Relocation Plan describing the relocation assistance measures that will be taken to mitigate adverse impacts of such conversion.
(z)
"Relocation Specialist."
A person with verified professional qualifications demonstrating: familiarity with the region's housing market; competency in assisting residents to evaluate, select and secure placement in replacement housing; ability to facilitate the moving of residents' personal property, residential unit, and/or accessories, as appropriate; knowledge of qualifications for and availability of various housing types and programs; experience in mobile home sales and relocation including assistance in adequacy and location of replacement housing, relocation costs and mitigation of the impact of relocation on affected mobilehome park owners and residents; and ability to assist residents in applying for available housing programs or assistance, including, but not limited to, developers, real estate agents, appraisers and other persons with experience in mobile home sales and relocation.
(aa)
"Resident Mobilehome Owner."
The registered (title) owner of the mobilehome in a mobilehome park who resides at such mobilehome.
(bb)
"Resident Mobilehome Tenant."
A person who rents or leases a mobilehome in a mobilehome park and resides at such mobilehome.
(Ord. 344 § 4, 2016; Ord. 429 § 1, 2023)
§ 85.0403515 General conversion requirements.
(a)
Any person who files a conversion permit application with the City for approval of a mobilehome park conversion of use, and any other related discretionary permit to implement a conversion of use, shall concurrently file with the City a Relocation Impact Report that complies with this article. No conversion permit application shall be considered or deemed complete or processed for consideration or approved unless and until such Relocation Impact Report is filed and approved in accordance with this article. An applicant may also apply for City Council approval of a Development Opportunity Reserve (DOR) and Memorandum of Understanding (MOU) prepared in accordance with this article, but a DOR/MOU shall not be approved or made effective unless a Relocation Impact Report, has first been approved by the City Council in accordance with the requirements of this article. No Relocation Impact Report or DOR/MOU shall be approved if the subject property bears the land use designation of MHP1 or MHP2. All applications shall be on City-approved forms.
(b)
The conversion application shall include a Relocation Impact Report (RIR) that complies with the requirements of this article and state law. The RIR shall be prepared by a relocation specialist on behalf of the applicant as part of the conversion permit application. The RIR shall address the impact of the conversion of the mobilehome park on its mobilehome owners and residents and shall contain a relocation plan addressing the availability of replacement housing for existing mobilehome owners and residents of the mobilehome park and relocation costs, consistent with Sections 65863.7 and/or 66427.4 of the California Government Code and this article. The application shall also contain pre-conversion questionnaires completed by the affected mobilehome owners and residents. The relocation specialist shall be a person with verified professional qualifications demonstrating: familiarity with the region’s housing market; competency in assisting residents to evaluate, select and secure placement in replacement housing; ability to facilitate the moving of residents’ personal property, residential unit, and/or accessories, as appropriate; knowledge of qualifications for and availability of various housing types and programs; and ability to assist residents in applying for available housing programs or assistance.
(c)
An application for approval of a Development Opportunity Reserve (DOR) and Memorandum of Understanding (MOU) may be included with the conversion of use application. The DOR/MOU shall include a description of the proposed future uses, residential densities, commercial square footage, and design in accordance with Section 85.0403535, and consistent with the requirements of the underlying land use district, any applicable Specific Plan and this article.
(d)
Upon filing an application for approval of an RIR and related conversion permit application, the Director of Development Services shall inform the conversion applicant in writing of the requirements of Civil Code Section 798.56 and Government Code Section 65863.7 and of all applicable City requirements which impose on the applicant the duty to notify the existing mobilehome park owners and residents and prospective residents concerning the proposed conversion. The Director of Development Services shall specify in writing to the conversion applicant the information that must be submitted in order to adequately notify all existing homeowners and residents and other notices as required by the California Government Code, the California Civil Code, and this article.
(e)
No conversion permit application shall be deemed complete, until the Relocation Impact Report, relocation plan and verification that affected mobilehome owners and residents have been properly notified pursuant to Civil Code Section 798.56 and have been reviewed by the Director of Development Services for substantial conformance with the requirements of this article.
(f)
No DOR/MOU application shall be deemed complete, and processing for consideration of DOR/MOU concurrent with a conversion permit application, will not commence until the DOR/MOU application have been reviewed and verified by the Director for substantial conformance with the requirements of this article.
(g)
All notices required by this article shall be delivered by personal delivery or certified mail to the occupant of the mobilehome, absentee owners and legal owners of the mobilehome located on each mobilehome space within the mobilehome park.
(Ord. 344 § 4, 2016; Ord. 429 § 1, 2023)
§ 85.0403520 Relocation Impact Report content.
(a)
Relocation Impact Report (RIR). The conversion applicant shall file a RIR on the impact of the proposed mobilehome park conversion of use upon the affected mobilehome owners and residents of the Mobilehome Park as part of the application for approval of the RIR and conversion permit to the City.
(b)
At a minimum the RIR shall include the following information and documentation, and any other information and documentation deemed necessary and appropriate by the Director of Development Services:
(1)
A detailed description of the proposed use to which the mobilehome park is to be converted;
(2)
The proposed timetable for implementation of the conversion and development of the site;
(3)
Legal description of the mobilehome park;
(4)
Age of the mobilehome park;
(5)
The total number of mobilehome spaces in the park, number of spaces occupied by mobilehomes, and number of spaces occupied by recreational vehicles;
(6)
An illustrative map of all spaces, roads, improvements, common areas and amenities in the park;
(7)
For each mobilehome space in the mobilehome park:
(A)
The age, size, number of bedrooms, manufacturer and date of manufacture of the mobilehome on the space,
(B)
The number of occupant(s) of the mobilehome, if the occupant(s) are absentee owner(s), resident mobilehome owner(s) or mobilehome tenant(s) as defined in Section 85.0403510, their ages, and their length of residency in the mobilehome, and whether the mobilehome constitutes each person’s primary place of residence,
(C)
The name, mailing address and telephone number of each absentee mobilehome owner, resident mobilehome owner, mobilehome tenant, and legal owner of the mobilehome,
(D)
The total monthly space rent and other charges currently charged for each space with detail showing the space rent, utility charges, and any other costs paid by the resident(s), and whether the space is a month-to-month space subject to rent control under Chapter 15.20 of the Municipal Code or a long-term lease in excess of twelve (12) months duration,
(E)
The purchase date, purchase price paid by the current resident mobilehome owner(s) or absentee mobilehome owner(s) for the mobilehome, and the amount and terms of any outstanding mortgage loans or other financing obligation for the mobilehome,
(F)
Any lawfully constructed or installed mobilehome improvements that have been paid for by the affected mobilehome owner(s) or resident(s), whether each improvement is movable, and the costs of each improvement,
(G)
The In-Place Fair Market Value of each mobilehome in the mobilehome park. In-Place Fair Market Value shall include, but is not limited to, any accessory structures whose installation has been approved by mobilehome park management, such as a porch or a carport, and shall be determined by assuming the continuation of the mobilehome park in a safe, sanitary and well-maintained condition. These values shall be determined by appraisals by a qualified appraiser to be chosen by the park owner from a list provided by the Director of Development Services, and considering values of comparable homes in comparable parks. The appraisal shall be made no more than sixty (60) days prior to its submittal to the City. The conversion applicant shall pay all costs and expenses associated with the appraisal, including, but expressly not limited to, any appraisal fees. The conversion applicant shall not be required to provide appraisal information for park-owned units,
(H)
Any other special or unique circumstances that may restrict potential relocation areas for affected mobilehome park owners and/or residents on a case-by-case basis, which may include, but are not limited to, disability or other special needs, which restrict potential relocation areas for the affected mobilehome owners and/or residents,
(I)
Any available, alternate housing opportunities known to the affected mobilehome owners and/or residents that would be acceptable as a relocation option to each individual and approximate cost to accomplish a relocation to the alternate housing;
(8)
An estimate of the relocation cost considering all of the costs related to moving and installing the displaced mobilehomes on an available receiving site, including, but not limited to, tear down, transportation, and set up of mobilehomes (including all costs of utility hook-ups), providing rental subsidies, or purchasing the mobilehome unit as described in Section 85.0403530. Estimates from at least two moving companies shall be submitted with the application. Relocation cost shall not include the cost and expenses associated with the appraisal, including, but not limited to, any appraisal fees, which shall be paid by the conversion applicant;
(9)
A list of comparable parks within a fifteen (15) mile radius and for each such park, the space rents and the qualifications for residency in each park (e.g., age restrictions, no pets), rental rates (e.g., first and last months’ rent, security deposits, availability of rent control), whether the park has any vacant space and will accept homes being relocated and if so, any restrictions, such as size and age, on the relocated homes that would be accepted;
(10)
Itemization of the cost of comparable mobilehomes within a fifteen (15) mile radius, including, but not limited to, the purchase price of each substantially equivalent or better mobilehome in a comparable mobilehome park as well as the rental rate for each substantially equivalent (or better) mobilehome in a comparable mobilehome park, first and last months’ rent, security deposits and substantially equivalent or higher rent or mortgage payments at the comparable mobilehomes. For comparable mobilehomes, the itemization shall state the rental rate for each space and whether the owner of that mobilehome park has agreed in writing to accept affected mobilehome owners and residents that are displaced by the proposed mobilehome park conversion;
(11)
Itemization of the cost of comparable housing within a fifteen (15) mile radius, including, but not limited to, the purchase price of each substantially equivalent (or better) condominium, or the monthly rent for and other costs of moving into a comparable apartment or condominium, including such items as first and last months’ rent, security deposits and the rental rate for each substantially equivalent or better, or mortgage payments at the comparable housing;
(12)
Proposed measures to mitigate the adverse impacts of the park conversion on the affected mobilehome owners and residents in the park pursuant to Section 85.0403530;
(13)
A copy of any agreement reached with any affected mobilehome owner or resident relating to the park owner’s purchase of the mobilehome, relocation of the affected mobilehome owners or residents, and/or the provision of relocation assistance. The Director may waive the requirement to include any or all of the information required by this section where an affected mobilehome owner or resident and the conversion applicant have reached a final, mutually acceptable agreement as to the relocation assistance to be provided;
(14)
Copies of the pre-conversion questionnaires completed by the affected mobilehome park owners and residents in accordance with the requirements of Section 85.0403525 of this article;
(15)
Any other information the Director may deem necessary to facilitate the City’s consideration of appropriate conditions to mitigate the adverse impacts of a park closure or conversion on affected mobilehome owners and residents.
(Ord. 344 § 4, 2016; Ord. 429 § 1, 2023)
§ 85.0403525 Pre-conversion questionnaire.
(a)
Prior to the applicant filing a conversion use permit application with the City, the relocation specialist shall distribute a pre-conversion questionnaire to the affected mobilehome owners and residents. The affected mobilehome owners and residents shall have no less than thirty (30) days from the date of certified mailing or personal delivery to complete and return the pre-conversion questionnaire to the relocation specialist.
(b)
The Director shall provide a standard pre-conversion questionnaire for use by the relocation specialist. At a minimum, the pre-conversion questionnaire shall include questions requesting the affected mobilehome owners and residents to provide the information required in order for the applicant to prepare a RIR in accordance with Section 85.0403520(b) of this article.
(c)
Prior to or concurrent with the distribution of the pre-conversion questionnaire, the applicant shall provide notice to affected mobilehome owners and residents of the applicant’s intention to seek City approval for a mobilehome park conversion of use in accordance with this article. The notice shall, at a minimum, include an explanation, in general terms, of the nature and timeframes of the proposed conversion, shall advise affected mobilehome owners and residents that information will be sought from them to assist in determining appropriate relocation assistance, shall include a copy of the tenants’ rights under the Government Code and Mobilehome Residency Law (California Civil Code Section 789 et seq.), as amended from time to time, and shall advise the residents that they will be provided with notices of the application for approval of the RIR and conversion permit in accordance with the requirements of this article and state law.
(d)
The notice shall also include the name, qualifications and contact information for the relocation specialist used by the applicant.
(e)
Completed pre-conversion questionnaires submitted to the relocation specialist shall be treated as confidential, and disclosure of information provided therein shall be limited to those individuals and uses necessary to accomplish the purpose of this article, including the applicant, as deemed appropriate by the relocation specialist, and the City.
(f)
Neither the completed pre-conversion questionnaire form nor any personal information provided in response thereto shall be considered public information and the City shall not publicly disclose any such information, except as necessary to facilitate the evaluation of the adequacy of the report herein or as may be required by law.
(g)
Any affected mobilehome owner or resident may decline to provide any information requested, but the City’s determination of the reasonableness of the level of relocation assistance proposed by the applicant will be based on information provided in response to the pre-conversion questionnaire, and the level of assistance deemed reasonable in an individual case may be limited, or the relocation assistance requirement may be eliminated, based on the owner's or resident's verified refusal to provide information necessary to make such a determination.
(Ord. 344 § 4, 2016; Ord. 429 § 1, 2023)
§ 85.0403530 Relocation Plan.
In accordance with Government Code Sections 65863.7 and 66426.4, now in effect or as subsequently amended, the conversion applicant shall provide relocation assistance to mitigate any adverse impacts of a mobilehome park conversion on affected mobilehome owners and residents in a manner that does not exceed the reasonable cost of relocation. This section establishes minimum relocation assistance for affected mobilehome owners and residents, which shall be set forth in the Relocation Plan. The conversion applicant and any person eligible for relocation assistance may agree to other mutually satisfactory relocation assistance that meet or exceed these requirements.
(a)
Eligibility for relocation assistance. Affected mobilehome owners and residents are entitled to relocation assistance if they have not given notice to terminate their lease or other rental agreement as of the date of submittal of the conversion of use application, including the filing of the RIR with the City.
(b)
Reasonable cost of relocation. Reasonable cost of relocation includes a moving allowance and other applicable types of relocation assistance as defined in this section and based on the RIR and evidence presented at the public hearings on the proposed conversion of use.
(c)
Moving allowance for eligible residents. For all eligible residents, relocation assistance shall include a moving allowance to move to another park or other replacement housing up to a distance of fifteen (15) miles. Moving allowance includes:
(1)
The cost to move furniture and personal belongings.
(2)
Rent for first and last month at the new location.
(3)
Required security deposit at the new location.
(4)
Temporary lodging, if necessary, up to two months.
(5)
Assistance for disabled households. For eligible disabled households, relocation assistance may include an additional sum toward the cost of obtaining any assistance needed to enable the resident to move.
(6)
Accessibility improvements for affected mobilehome owners and residents. For eligible affected mobilehome owners and residents, relocation assistance may include payment of the cost to reinstall or replace any accessibility improvements made to the mobilehome such as wheelchair ramps, lifts, and grab bars.
(d)
Mobilehome relocation costs for mobilehome owners. For any mobilehome owner whose mobilehome can be relocated, and in addition to the moving allowance provided in subsection (c), relocation assistance may include the lowest of three estimates obtained by the conversion applicant with the Director of Development Services approval, from licensed mobilehome movers to physically relocate the mobilehome up to a maximum distance of fifteen (15) miles. The mobilehome owner is responsible for additional costs to move the mobilehome to a location farther than fifteen (15) miles. The estimates shall include the cost of disassembly of the mobilehome, transportation to the new site, reinstallation including, but not limited to, connection to utility hook-ups, permits, replacement or reconstruction of blocks, skirting, shiplap siding, process, decks and awning, earthquake bracing if necessary, insurance coverage during transport, including the cost of any upgrades to comply with applicable building, plumbing, electrical and health and safety codes.
(e)
Sale at in-place market value for mobilehome owners. In addition to the moving allowance provided in subsection (c), for any eligible mobilehome owner whose home cannot be relocated to a comparable park within fifteen (15) miles or another park chosen by the mobilehome owner, the City shall require the conversion applicant to purchase the mobilehome at In-Place Market Value. The conversion applicant shall hire a qualified appraiser from a list provided by the City to determine the In-Place Market Value of the mobilehome. If the affected mobilehome owner disputes the appraised value of his or her mobilehome, the affected mobilehome owner may hire an appraiser from the City’s list to obtain an appraisal, at their own expense. To be considered, the mobilehome owner shall obtain and submit the appraisal to the Director of Development Services ten (10) days prior to the City Council Hearing. The City Council will review and consider the two appraisals.
(f)
Limitations on imposed conditions. The conditions imposed in connection with approval of a RIR shall not exceed the reasonable costs of relocation. Conditions shall only be imposed in order to ensure that the conversion applicant adequately mitigates adverse impacts of the mobilehome park conversion on affected mobilehome owners and residents.
(Ord. 344 § 4, 2016)
§ 85.0403535 Relocation Plan Development Opportunity Reserve and Memorandum of Understanding.
An application for a Development Opportunity Reserve (DOR) and Memorandum of Understanding (MOU) to implement the DOR for the proposed conversion of use of an eligible park may be submitted concurrently with, or subsequent to the approval of, a Relocation Impact Report and conversion permit. The proposed DOR/MOU shall be prepared in accordance with the requirements of this section and the applicable land use district and/or Specific Plan, and shall be submitted for review and approval by the City Council.
(a)
Purpose. The purpose of the DOR/MOU is to provide a potential developer with the opportunity to obtain early input from the City Council on the concept of a future development project for the reuse of an eligible park which, in addition to a by-right residential base density of 24 du/acre, and in return for providing enhanced architecture and project design, the applicant may seek commercial square footage or a mixed use design, than otherwise allowed under the regulations of the applicable land use district when formal land use permits or other entitlements are submitted for discretionary review and action. A DOR/MOU does not constitute a commitment to specific density, or to a future specific project or land uses, and all future discretionary entitlement permits and approvals shall be required, including, but expressly not limited to, compliance with the California Environmental Quality Act.
(b)
Development Opportunity Reserve general requirements.
(1)
Commercial projects. There is hereby established a Development Opportunity Reserve of a combined maximum of two hundred forty-five thousand (245,000) square feet of commercial uses for all eligible parks ("Commercial Square Footage Reserve"). At no time shall the total square footage of commercial uses for all eligible parks exceed the Commercial Square Footage Reserve. The commercial square footage for proposed commercial uses for an eligible park shall be determined by the City Council on a project by project basis, and as each commercial development or use is approved through discretionary project approvals, the Commercial Square Footage Reserve for all eligible parks shall be correspondingly reduced. An eligible park shall also be subject to all other requirements of the applicable commercial land use district and/or Specific Plan for the subject property. The Commercial Square Footage Reserve incorporated into a DOR/MOU shall not allow an increase above the maximum square footage allowed under the applicable land use district and/or Specific Plan until an actual development proposal is approved by the City which adopts the square footage and other characteristics set forth in the DOR/MOU.
(2)
Mixed use projects. For any mixed use project, the density of proposed residential uses shall not exceed 24 du/acre; and the square footage of any proposed commercial uses shall not exceed the maximum square footage allowed under subsection (b)(2) based on the available Commercial Square Footage Reserve in combination with the proposed mixed use project and all other approved commercial projects.
(3)
The DOR application shall also include a proposed Memorandum of Understanding ("MOU") that complies with subsection (c) of this section.
(4)
The Commercial Square Footage Reserve, shall be adjusted by the City Council as part of its Development Opportunity Reserve approval action pursuant to Section 85.0403550.
(c)
Memorandum of Understanding requirements. The Memorandum of Understanding ("MOU") shall include a conceptual development plan which addresses, at a minimum, all of the following:
(1)
Potential future uses of the subject property;
(2)
The specific number of residential dwelling units proposed and the maximum density for any potential future residential uses for the conversion site, based on the requirements of this Code which permit up to 24 du/acre;
(3)
The commercial square footage proposed for any potential future commercial uses for the conversion site, based on Commercial Square Footage Reserve, and the maximum floor area ratio for each lot or parcel based on the underlying land use district;
(4)
Conceptual architectural design of potential future residential and/or commercial uses.
(d)
Procedures.
(1)
The application for a DOR/MOU shall be reviewed by Staff for completeness, and submitted for City Council review and approval. A DOR/MOU application may be submitted with an application for approval of a Relocation Impact Report and conversion permit. No DOR/MOU application shall be effective until the City Council has approved a Relocation Impact Report and conversion permit for the eligible park.
(2)
The City Council will evaluate the DOR/MOU application and may approve, conditionally approve or disapprove the DOR/MOU in accordance with Section 85.0403550 of this article.
(3)
Following either Director approval of a conversion permit which allows no more than 24 du/acre and includes a Relocation Impact Report, or City Council approval if the conversion permit includes a DOR/MOU, the applicant may complete any other appropriate land use entitlement application process for formal project review by the Planning Commission and City Council in accordance with the requirements of this Code.
(e)
Entitlement procedures for reuse-conversion permit.
(1)
In addition to the requirement for approval of a Relocation Impact Report, with Relocation Plan, the conversion of use of an eligible park requires that the applicant also obtain approval of a conversion permit for the proposed new uses or development. The conversion permit shall be subject to the same procedures of a Land Use Compliance Review set forth in Article 3 of Chapter 3 of Division 3 of the Development Code.
(2)
Residential development proposed as part of a conversion permit and evaluated in accordance with the procedures of a Land Use Compliance Review and consistency with the Property Development Standards required by Section 84.0335(b) of Chapter 3 of Division 4 (High Density Multiple Residential (RM-24) District), and shall also be designed consistent with the provisions of Chapter 13 of Division 8 of the Development Code (High Density Multiple Residential Design Standards).
(3)
Commercial development proposed as part of a proposed conversion of use permit and evaluated subject to the procedures and findings for approval of a Conditional Use Permit shall be designed consistent with the Property Development Standards required by Section 84.0350(d) of Chapter 3 of Division 4 (General Commercial (CG) District).
(4)
A mixed-use (Residential and Commercial) project proposed as part of a conversion of use permit and evaluated subject to a Conditional Use Permit shall be designed using a combination of the standards required in subsections (e)(1) and (2). The dominant use of each mixed-use building shall determine the applicable development standards for that building. In the case of ambiguity, the most restrictive development standards shall apply.
(Ord. 344 § 4, 2016; Ord. 429 § 1, 2023)
§ 85.0403540 Eminent domain.
In the event there is an exercise of eminent domain by the City which has the effect of a mobilehome park conversion, relocation assistance benefits shall be provided by the City to affected mobilehome owners and residents pursuant to the provisions of this article or the law of eminent domain, whichever provides the maximum benefit.
(Ord. 344 § 4, 2016)
§ 85.0403545 Protections.
(a)
Before entering a rental agreement, the park owner shall advise each prospective mobilehome owner and mobilehome tenant, in writing, that a proposed Relocation Impact Report and conversion permit application has been filed and that the prospective mobilehome owner or tenant will not be entitled to any relocation assistance under this article.
(b)
Any mobilehome owner or tenant already leasing or renting a space in the park, or residing in a mobilehome in the park, on the date the application for approval of a Relocation Impact Report is filed shall be eligible for relocation assistance.
(c)
No park owner shall require any mobilehome owner or tenant to waive his or her rights to relocation assistance as a condition of leasing or renting a space in the park, except: (1) when the mobilehome owner or tenant moves into the park after the date the conversion application is filed; and (2) prior to the new mobilehome owner’s or tenant’s execution of the lease or other rental agreement, the park owner gave written notice to that new mobilehome owner or tenant that the conversion application has been filed. Any such waiver will only be valid if the park owner completes the conversion hearing process within one year.
(d)
No mobilehome owner shall be required to remove his or her mobilehome and no tenant shall be required to vacate a mobilehome until all of the following conditions have been satisfied:
(1)
The park owner has given the six months’ notice of closure required by Civil Code Section 798.56 and that six-month period has elapsed;
(2)
The City’s decision approving the conversion is final; and
(3)
The park owner has provided the relocation assistance required by the City as a condition of conversion.
(e)
An application for conversion of a park does not relieve a mobilehome owner or tenant from his or her obligation to pay rent.
(f)
Unless a Relocation Impact Report with Relocation Plan and conversion permit have been approved by the City and a certificate of acceptance has been recorded, as required by this article, no mobilehome park owner, agent or representative shall do any of the following:
(1)
Perform or carry out a mobilehome park conversion of use.
(2)
Display a sign in the mobilehome park or distribute any notice to any resident mobilehome owners, mobilehome tenants or absentee mobilehome owners of the park announcing that the mobilehome park or any part thereof is closing, may be closing or has been closed, or that the land will no longer be used for a mobilehome park.
(3)
Display a sign announcing a new use for the mobilehome park property.
(g)
Nothing in this section shall be interpreted to preclude any notification to resident mobilehome owners, resident mobilehome tenants, or absentee owners, as may be required by state law, nor shall this section preclude notification to mobilehome owners, resident mobilehome tenants or absentee owners, that information is being requested in anticipation of the filing of a development application or request for approval of a park closure or other mobilehome park conversion of use. Notification to prospective mobilehome owners and tenants regarding the existence or status of any application or approval process affecting the mobilehome park shall not be considered a violation of this section.
(Ord. 344 § 4, 2016)
§ 85.0403550 City Council hearing and action.
(a)
Upon the filing of a complete application for approval of a Relocation Impact Report and conversion permit, and verification to the City for review, the Director shall either approve the conversion permit ministerially (if consisting of residential uses) with appropriate notice and findings outlined in the below sections adhered to, or schedule a public hearing before the City Council if there are any related DOR/MOU applications beyond those that are considered by-right being requested as a part of the conversion permit. Notice of a public hearing shall be provided in accordance with Section 83.010330 of this Code and shall also be provided as set forth in subsection (b) below.
(b)
At least thirty (30) days prior to the potential hearing date, the Director shall also perform the following actions:
(1)
Mail a notice of the public hearing and a copy of the Relocation Impact Report to affected mobilehome owners and residents, and to all legal owners of mobilehomes in the mobilehome park. The notice shall contain a general explanation of the matters to be considered by the City Council. The copy of the Relocation Impact Report shall include the Relocation Plan, the appraisal of the mobilehome owned or resided in by that particular notice recipient and the pre-conversion questionnaire completed by that notice recipient.
(2)
Inform the conversion applicant in writing of the provisions of Civil Code Section 798.56 regarding the conversion applicant’s duty to notify affected mobilehome owners and residents of the proposed conversion. Such writing shall specify the manner in which the conversion applicant shall verify that affected mobilehome owners and residents have been notified of the proposed conversion.
(3)
The conversion applicant shall pay all costs associated with providing notice, including any publishing and postage expenses.
(c)
The City Council shall conduct a public hearing to review the proposed conversion permit, RIR with Relocation Plan, and any proposed DOR/MOU. The City Council shall may consider all relevant evidence presented at the public hearing and shall render its findings and decision within ninety (90) days therefrom, unless a shorter period of time is required by state law, such as the processing time imposed by the Subdivision Map Act. Such hearing shall not be held before the conversion applicant has satisfactorily verified that affected mobilehome owners and residents have been notified of the proposed conversion pursuant to Civil Code Section 798.56.
(d)
The City Council's decision shall be in the form of a written resolution approving, conditionally approving or disapproving the DOR/MOU, including the Relocation Impact Report, Relocation Plan, and conversion permit. The City Council resolution shall also approve, conditionally approve or disapprove the DOR/MOU. The City Council resolution shall include conditions to provide reasonable measures to mitigate the adverse impacts of the mobilehome park conversion on the affected mobilehome owners and residents; and conditions for approval of any proposed DOR/MOU.
(e)
The City Council, or Director shall not approve the proposed RIR and Relocation Plan, unless the City can make all of the following findings:
(1)
The RIR contains the information and documentation required by this article and state law.
(2)
The RIR and its relocation plan contain reasonable measures to mitigate the adverse impacts of the mobilehome park conversion on affected mobilehome owners and residents, and the City Council.
(3)
The proposed mobilehome park conversion is consistent with the General Plan, and any applicable Specific Plan, or any similar state law or City Ordinance.
(4)
The conversion applicant has complied with all notice requirements as provided for in Government Code Section 65863.7(b) and (c), and Civil Code Section 798.56, and this article, and each affected mobilehome owner and resident has had adequate notification of the proposed conversion.
(5)
The RIR accurately represents the total reasonable costs associated with the relocation of affected mobilehome park owners and residents pursuant to Government Code Section 65863.7(e).
(6)
The City has imposed conditions to ensure that the conversion applicant shall be subject to, and shall take reasonable measures to mitigate the adverse impacts of the mobilehome park conversion on the affected mobilehome owners and residents.
(f)
The City Council shall not approve a proposed Development Opportunity Reserve and Memorandum of Understanding unless the City Council makes all of the following findings:
(1)
For residential projects (including any mixed use projects containing a residential portion), the proposed residential density is up to 24 du/acre.
(2)
For commercial projects (including any mixed use projects containing a commercial portion), the proposed maximum square footage of commercial uses does not exceed the Commercial Square Footage Reserve available for the commercial uses in combination with all other existing and proposed commercial uses as provided in Section 85.0403535(b)(2), and further does not exceed the maximum floor area ratio(s) applicable pursuant to the underlying land use district and any applicable Specific Plan.
(3)
The conceptual architecture and project design contains enhanced elements that would justify approval of increased residential density and/or commercial square footage.
(4)
The applicant has submitted a signed covenant, as part of the DOR/MOU, that acknowledges the City’s approval of the DOR/MOU does not constitute a binding commitment by the City to allow any specific development of the subject property, or vest any rights in the applicant to develop the subject property in accordance with the MOU/DOR, and that the applicant shall be required to submit and obtain approval of formal land use permits and other entitlement applications in order to develop the subject property.
(g)
If an application includes applications for land use permits or other entitlements to implement a proposed conversion, such as a conditional use permit, those other entitlement applications shall be processed, reviewed, noticed and decided in accordance with the usual procedures set forth in this Code, including, but not limited to, any necessary review, noticing and/or action by the Planning Commission. Notwithstanding the foregoing, if a tentative map or tentative parcel map application is filed concurrently with the conversion application and DOR/MOU application, the tentative map or tentative parcel map application shall be concurrently processed for hearing by the Planning Commission in accordance with the requirements of this Code, but the Planning Commission shall make a recommendation on the proposed tentative map or tentative parcel map that shall subsequently be heard and decided by the City Council concurrently by either the Director if the conversion permit allows no more than 24 du/acre and includes a Relocation Impact Report, or City Council if the conversion permit includes a DOR.
(Ord. 344 § 4, 2016; Ord. 429 § 1, 2023)
§ 85.0403555 Certificate of acceptance.
Upon City approval of a conversion application and Relocation Impact Report, the applicant shall record a certificate of acceptance on the title of the mobilehome park property. City approval of a conversion application including Relocation Impact Report shall not be effective until proof of recordation of a certificate of acceptance has been delivered to the Director. If the applicant included a proposed DOR/MOU, City approval of the DOR/MOU shall not be effective until the applicant has delivered the signed and notarized covenant required pursuant to Section 85.0403550(f)(4) of this article. The Director shall provide the certificate of acceptance form and covenant form for use by the applicant.
(Ord. 344 § 4, 2016)
§ 85.0403560 Building permits.
No building permit shall be issued for conversion of a mobilehome park property until the conversion applicant has filed with the Director of Development Services a written statement confirming full performance of the mitigation measures set forth in, and the conditions imposed in connection with, the approved Relocation Impact Report and any other conditions imposed on the conversion of use. Such statement shall specify in itemized form the name of each affected resident mobilehome owner and resident and the date and type of relocation assistance provided to such person. The statement shall be executed under penalty of perjury.
(Ord. 344 § 4, 2016)
§ 85.0403565 Expiration of approvals.
Except as otherwise provided in the resolution of approval, the City Council approval of a conversion application and DOR/MOU approval shall expire under the following circumstances:
(a)
Expiration for failure to submit certificate of acceptance. An approved conversion, with Relocation Impact Report and any DOR/MOU shall expire thirty (30) days after adoption of the resolution of approval, unless proof of recordation of a certificate of acceptance is delivered to the Director prior to such date, or unless such thirty (30) day recording period is extended by the Director for good cause due to delays in recording beyond the reasonable control of the applicant.
(b)
Expiration for failure to implement project.
(1)
An approved RIR, conversion permit, and any DOR/MOU, shall expire two years after the date they are approved by the City Council. The Director of Development Services may deny or grant a request for an extension of time of the approval. The Director of Development Services may upon request grant an extension of time up to one year, based upon a showing that good faith progress has been made toward fulfilling the conditions of approval or some intervening event not the fault of the park owner has prevented timely compliance with the conditions of approval and RIR including relocation plan, and/or the DOR/MOU. The conversion applicant or affected mobilehome owners or residents may appeal the Director’s decision on a request for an extension to the City Council.
(2)
If the City Council approves an extension following an appeal, the City Council may impose conditions as deemed necessary to mitigate any adverse impacts resulting from an extension of a conversion use permit, including the RIR, relocation plan, and DOR/MOU. The City Council may grant multiple extensions but no single extension shall have a duration in excess of one year.
(c)
Upon the City’s approval of an extension of an approved RIR, conversion permit, and DOR/MOU, with additional conditions, the applicant shall record a certificate of acceptance on the title of the mobilehome park property. City approval of an extension shall not be effective until proof of recordation of a certificate of acceptance has been delivered to the Director. An approved extension of a conversion permit, RIR with Relocation Plan, and any MOU/DOR, shall expire thirty (30) days after adoption of the resolution approving the extension, unless proof of recordation of a certificate of acceptance is delivered to the Director prior to such date, or unless such thirty (30) day recording period is extended by the Director for good cause due to delays in recording beyond the reasonable control of the applicant.
(Ord. 344 § 4, 2016)
§ 85.0403570 Processing fees.
The City Council may, by resolution, establish fees and deposits for the administration of this article.
(Ord. 344 § 4, 2016)
§ 85.040401 General provisions.
(a)
Intent. The Specific Plan Overlay District is intended to promote the maintenance and viability of certain neighborhoods through appropriate zoning. It is an overlay district where special standards are established in order to promote the development of integrated land uses exhibiting an excellence of design greater than otherwise could be achieved using conventional development standards.
(b)
Locational requirements. The Specific Plan Overlay District may overlay any property.
(c)
Designation. The Specific Plan Overlay District shall be designated by the symbol (SP) on the City of Yucaipa Official Land Use Plan.
(Ord. 145 § 2, 1995)
§ 85.040405 Development standards.
(a)
Property designated with an SP overlay shall be developed in accordance with the requirements of the applicable Specific Plan that has been adopted for that property.
(Ord. 145 § 2, 1995)
§ 85.040501 General provisions.
(a)
Intent. The Custom Home Overlay District is intended to promote the compatibility and viability of certain rural residential neighborhoods through appropriate zoning and development standards. It is an overlay district where special design standards are established in order to promote and maintain the development of rural residential land uses exhibiting an excellence of design greater than otherwise could he achieved using conventional development standards. Subdivisions that consist of noticeably similar dwellings that are located at the minimum building setback lines are not appropriate in these areas.
(b)
Locational requirements. The Custom Home Overlay District is appropriate when it will serve to protect and enhance a rural residential neighborhood that is substantially occupied by custom-caliber single-family homes on parcels of land that are least 20,000 sq. ft. in area.
(c)
Designation. The Custom Home Overlay District shall be designated by the symbol (CH) on the City of Yucaipa Official Land Use Plan.
(Ord. 239 § 2, 2005)
§ 85.040510 Development standards.
All new construction on property located within a Custom Home (CH) Overlay District shall comply with the development standards specified by Development Code Sections 88.0115, 88.0120, 88.0125, 88.0130, and the following standards:
(a)
All dwellings shall have a minimum floor area of 2,200 square feet of habitable space, measured from the exterior of the structure.
(b)
All dwellings shall have a minimum street frontage of sixty (60) feet, measured from the exterior of the structure.
(c)
All dwellings shall have a minimum 600 square foot fully enclosed garage that can accommodate at least three (3) vehicles, and garages shall be side-entry, or located behind the dwelling, on at least fifty (50) percent of the units.
(d)
In the RL District, the minimum side yard setbacks shall be twenty (20) feet, and unless precluded by topographic constraints, the minimum front yard setback shall be forty (40) feet.
(e)
In the RS District, the minimum side yard setbacks shall be ten (10) feet, and unless precluded by topographic constraints, the minimum front yard setback shall be thirty-five (35) feet.
(f)
Minimum front yard setbacks on adjacent parcels shall vary by a minimum of ten (10) feet on at least fifty (50) percent of the units.
(g)
Floor plans and elevations for subdivisions shall be varied as follows:
Number of Lots | Minimum Number of Floor Plans/Lot* | Minimum Number of Architectural Styles/Plan** |
|---|---|---|
2—4 | 2 | 2 |
5—10 | 4 | 3 |
11—20 | 5 | 4 |
21—40 | 6 | 5 |
41—60 | 7 | 5 |
61—80 | 8 | 5 |
81—100 | 9 | 5 |
Over 100 | 1 Additional for Each 20 Lots Over 100 | 5 |
Notes: | |
|---|---|
*The following may be counted as additional floor plans: | |
1. | Reverse footprints. |
2. | Alternate orientation of 90 degrees or greater. |
3. | Alternate garage orientation (i.e. side entry or detached). |
** Reverse footprints shall not count as additional architectural styles. Variations in design elements, which create significant differences in streetscape appearance, shall count as additional architectural styles. Appropriate styles may include, but not be limited to: California Ranch, Cape Cod, Craftsman, Mediterranean, Monterey, Neocolonial, Prairie, Spanish Colonial, Southwestern, or Tudor. | |
(h)
Similar floor plan and elevation schemes shall be separated by at least five (5) lots, including the units across the street, from one another.
(i)
Similar color schemes shall be separated by at least five (5) lots, including the units across the street, from one another.
(j)
Architectural treatments that are consistent with the architectural style shall be provided to all side and rear elevations that are adjacent to streets.
(k)
New construction on existing parcels shall be subject to the review and approval of a Special Use Permit for design review by the Planning Commission whenever unconventional designs are proposed (i.e. dome houses, “themed” structures, metal buildings or components, etc.).
(l)
Roofing materials shall consist of a variety of styles and colors that are consistent with the architectural style of the dwelling unit.
(Ord. 239 § 2, 2005)
§ 85.040601 General provisions.
(a)
Intent. The purpose of the College Village Overlay District is to implement General Plan policies intended to promote a vibrant, pedestrian-friendly mixed-use area that serves the housing and commercial needs of the college. This district encourages horizontal and vertical integration of compatible uses, connectivity between the uses with appropriate pedestrian linkages, public open space, improved mobility options, and high-quality design.
(b)
Locational requirements. The College Village Overlay District applies to approximately 50 acres of undeveloped and/or underutilized land generally located on the north side of Yucaipa Boulevard between 14th and 16th Streets in close proximity to the Crafton Hills College campus.
(c)
Designation. The College Village Overlay District shall be designated on the City of Yucaipa General Plan Land Use Modification Overlay Districts Map.
(Ord. 350 § 1, 2022)
§ 85.040605 Development standards.
Property designated within the College Village Overlay District shall be developed in accordance with the requirements of the applicable College Village Overlay District Guidelines for the property, as adopted by and set forth in Exhibit A of Ordinance No. 350. As identified in the General Plan, the College Village Overlay District allows significant flexibility in the land use mix, intensity and density of development. It is an overlay district where special standards are established in order to promote the development of integrated land uses exhibiting an excellence of design greater than otherwise could be achieved using conventional development standards.
(Ord. 350 § 1, 2022)
