Yucaipa City Zoning Code
Division DC8
Specific Use Design Standards
§ 88.0101 Minimum residential construction standards.
(a)
The following standards shall be applied City-wide to the permitted construction or installation of all detached, single family residential structures unless otherwise specified within this Code.
(1)
Manufactured home foundation systems shall comply with either Section 18551 of the California Health and Safety Code or California Code of Regulations, Title 25, Chapter 2, Sections 1333 and 1334, which shall include tie down, clip, or anchoring systems approved by an engineer to resist lateral forces for the subject manufactured home.
(2)
Siding material shall consist of stucco, wood, brick, stone, or decorative concrete block. Synthetic products of a similar appearance and equivalent durability shall be permitted. Metal siding, if utilized, shall be non-reflective. The exterior covering material shall extend to a point at or near grade except if an approved solid wood, metal, concrete, or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation.
(3)
The roofing material shall be tile, composition shingles, wood shakes and shingles (if allowed by Fire Safety or other applicable overlay districts), or other material customarily used in the surrounding community. In addition, manufactured homes shall have eave and gable overhangs of not less than 12 inches measured from the vertical side of the manufactured home.
(4)
All entries/exits shall be completed per Chapter 33 of the Uniform Building Code.
(5)
All multi-level single-family residential structures shall be provided with a water closet on the ground floor.
(b)
Residential structures located on lots greater than 30 feet in width and greater than 5,000 square feet in area shall comply with the provisions as specified in subsections 88.0101 (a)(1) through (4) and the following.
(1)
Minimum floor area shall be 725 square feet, measured from the exterior of the structure excluding garages, porches, patios, eaves, cabanas and popouts.
(2)
Minimum floor width and depth shall each average 20 feet, measured from the exterior of the structure excluding garages, porches, patio, eaves, cabanas, and popouts.
(3)
All residential structures located in a Single Residential (RS) district shall have a fully enclosed garage constructed in compliance with the Uniform Building Code with a minimum area of 20' x 20'.
(4)
Utility hookups and an area shall be provided to accommodate installation of a clothes washer and dryer within the primary structure or within an enclosed accessory structure.
(c)
Residential structures located on lots of 30 feet or less in width or 5,000 square feet or less in area shall comply with the provisions as specified in subsections (a)(1) through (4) and the following.
(1)
Minimum floor area shall be 600 square feet, measured from the exterior of the structure.
(2)
Minimum floor width shall be 15 feet, measured from the exterior of the structure.
(d)
A Land Use Compliance Review in accordance with Article 1, Chapter 3, Division 3 of this Code shall be required when more than one single family residential structure is proposed to be constructed or placed on the same parcel.
(e)
Except as otherwise provided within this Code, any manufactured home installed or constructed in accordance with the provisions of this section shall be allowed where this Code allows the construction of a detached, single family residential structure.
(f)
A building permit or a mobilehome permit for the installation of a manufactured home not within an approved and properly licensed mobilehome park shall not be issued if more than 10 years have elapsed between the date of manufacture and the date of the application for the issuance of the permit to install such manufactured home.
(Ord. 186 § 15, 1998; Ord. 210 § 26, 2001)
§ 88.0115 Restricting the issuance of building permits.
No building permit shall issue for the construction of any new single family residential unit proposed for construction within an existing subdivision where building permits have issued, construction has commenced and/or where individual lot(s) have been sold to third parties, prior to completion of a Compatibility Review as described in Section 88.0120. This section does not apply to subdivisions which have been specifically approved for individual lot sales.
(Ord. 143 § 1, 1995)
§ 88.0120 Establishment of a compatibility review procedure.
Prior to issuance of any building permit for the construction of a new single family residential unit within an existing subdivision as described in Section 88.0115, the proposed residential dwelling unit shall be reviewed by the Planning Division for compatibility according to one of the following methods:
(a)
Pre-approved or constructed design. Where the building permit application is for construction according to plans previously approved or constructed in the same subdivision, no further review is necessary prior to issuance of building permits. For example, where the construction of already-approved production units or constructed models is being proposed, building permits may issue for construction according to those approved plans, or consistent with constructed models.
(b)
Minor Design Deviation. Where the building permit application is for construction which represents a deviation from approved residential unit plans in the same subdivision of items such as, but not limited to, a 5% or less reduction in square footage from the smallest of existing constructed or approved units, or modifications in exterior or design features such as window sizes, color and stucco texture or other decorative details, approval may be granted by the Planning Division, without a public hearing, subject to the Division’s finding that the proposed modification is compatible with existing or approved construction. In marginal cases, the Director of Community Development may refer a minor Design Deviation to the Planning Commission for a non-hearing compatibility review.
(c)
Major Design Deviation. Where the unit or units propose construction which represents a deviation from approved residential unit plans in the same subdivision of at least a 6% reduction in square footage from the smallest of existing constructed or approved units, but not more than a 20% reduction in square footage, or any exterior architectural modification not determined by the Planning Division as a Minor Design Deviation, Major Design Deviation Review, set forth in Section 88.0125, is required.
(d)
Reductions in unit size representing greater than 20% deviation prohibited. Proposed reductions in unit size which represent a reduction in square footage from the smallest of existing constructed or approved units greater than 20% are prohibited, and building permits shall not be issued by the Building & Safety Division.
(Ord. 143 § 1, 1995)
§ 88.0125 Compatibility review process for Major Design Deviations.
Where a determination has been made that Major Design Deviations are proposed in architectural size or detail, the following procedure must be followed to determine and ensure compatibility:
(a)
Application. Where the Director of Community Development has determined that an application is subject to Major Design Deviation Review, the applicant shall provide all information deemed by the Director of Community Development to be necessary to the review, and shall pay all fees established by the City for processing a Major Variance.
(b)
Notice. Notice of the proposed design deviation shall be mailed to all property owners within the subject tract, as shown on the latest equalized tax roll, as well as within 300 feet of the proposed residential unit(s). The notice shall describe the nature of the proposal, the location of the project, and a statement that the decision will be made on a date not less than 20 days nor more than 30 days from the mailing of the notice. The notice shall also state that written responses are requested. Notice of the decision shall be mailed or delivered to the property owners within the subject tract and within 300 feet of the proposed homes.
(c)
Public hearing. Major Deviations shall be evaluated by the Community Development Director in light of responses made as a result of the mailed notice. Where substantial opposition to the proposed deviations is received by the City, or upon determination by the Community Development Director that the application presents facts which are subject to the Major Deviation Review procedure, or upon the Community Development Director’s independent determination that a further evaluation of compatibility is necessary, the matter shall be set for public hearing before the Planning Commission. Substantial Opposition is defined in Section 88.0130.
(d)
Planning Commission review. Review of the proposed changes shall be in accordance with the procedure for reviewing Major Variances, as set forth in Article 9 of the Development Code, and shall also include findings related to compatibility as defined in Section 88.0130, including a finding that the proposed deviations, as they may be conditioned by the Planning Commission, retain the integrity and character of the neighborhood.
(Ord. 143 § 1, 1995)
§ 88.0130 Definitions.
As used in this Chapter, the following terms shall be defined as indicated:
(a)
"Compatible or compatibility"
shall mean capable of coexisting in harmony or without significant conflict. A compatible residential land use will not cause a significant detriment to the use, economic value, habitability and enjoyment of residents, owners, and/or patrons of any land uses in the surrounding and adjacent area. In terms of building design, compatible means consistent or in harmony with existing and approved planned development. Elements to be considered in the evaluation of compatibility included, without limitation, style, mass, bulk, size, use, occupancy, improvements, character, scale, texture, color and other principles of design.
(b)
"Substantial Opposition"
shall mean written opposition or complaints from 25% or more of the noticed property owners, received by the Community Development Director prior to the 20th day from the notice of mailing date.
(Ord. 143 § 1, 1995)
§ 88.0201 General provisions.
(a)
Intent. The purpose of this chapter is to provide quality development guidelines for multiple-unit residential development within the City of Yucaipa.
(b)
Locational requirements. The Multiple Residential Design Standards shall be applied in the City of Yucaipa in all Residential land use districts where the residential designation is preceded by the RM designation, except for RM-24.
(c)
Review requirements. A Conditional Use Permit and a public hearing shall be required for all proposed multi-family projects of more than 10 units in areas of the City zoned RM. If a "small lot subdivision" is proposed, as defined by Division 12 of the Development Code, a subdivision map shall instead be filed. All common space areas shall be identified as lettered lots.
(Ord. 465 § 8, 2025)
§ 88.0205 Parking requirements.
(a)
Each two bedroom or larger dwelling unit shall be provided with two (2) parking spaces within a fully enclosed garage. Each dwelling unit with a single bedroom shall be provided with two parking spaces within a covered carport or fully enclosed garage, at developer's option. An attempt shall be made to locate the carport/garage adjacent to the unit being served. If not adjacent to the unit being served, the carport/garage shall be located within one hundred fifty (150) feet of the dwelling unit it is designed to serve. For single-family detached condominiums or small lot subdivisions, each two bedroom or larger dwelling unit shall be provided with two (2) parking spaces within a fully enclosed garage; plus two (2) additional open parking spaces for each four bedroom unit, and one (1) additional open parking space for each two or three bedroom unit.
(b)
One parking space for each two dwelling units shall be provided for guest parking. Such parking shall be distributed throughout the development site.
(c)
Required parking spaces shall be side by side and tandem parking shall not be counted toward minimum parking requirements.
(d)
Unless otherwise approved by the Planning Commission and/or City Council, in projects containing more than two units, on-street parking shall not be used to satisfy any of the above parking requirements.
(e)
If a housing development meets the requirements of Section 83.010715, the parking requirement shall be those specified under Section 83.010730.
(Ord. 253 § 15, 2006; Ord. 465 § 8, 2025)
§ 88.0210 Dwelling size and amenities.
(a)
One (1) bedroom units shall be a minimum of seven hundred fifty (750) square feet; two (2) bedroom units shall be a minimum of nine hundred (900) square feet; three (3) or more bedroom units shall be a minimum of one thousand fifty (1,050) square feet.
(b)
In no case may any building structure exceed two stories.
(c)
All bedrooms in any unit shall have a minimum of one hundred (100) square feet, including any closet space. Projects with plans showing a bonus room, den or other similar nomenclature shall be treated as if an additional bedroom were being proposed, if said room has direct access to a bathroom and/or contains closet space.
(d)
A laundry facility, including washer and dryer hook-ups, shall be provided within each residential unit or in an attached garage. Automatic garbage disposal shall be provided in each dwelling unit.
(e)
Each dwelling unit shall have a minimum of private open space of one hundred fifty (150) square feet, in the form of patio or private yard, with a minimum dimension of ten (10) feet. For units above the ground unit, one or two balconies with a combined area of one hundred (100) square feet shall be provided.
(f)
At least three items from the following list of amenities shall be provided to each unit:
*only one (1) of these items can be chosen from 5, 6, 7, or 11.
(1)
Fireplace.
(2)
Bay or kitchen greenhouse windows.
(3)
Skylights.
(4)
Oversized closets.
(5)
Refrigerator*.
(6)
Automatic dishwasher*.
(7)
Washer/dryer units*.
(8)
Entry courtyard or arbor.
(9)
Decorative doors.
(10)
Enclosed garage, where not required.
(11)
Air conditioner*.
(12)
Security alarm system.
(13)
Automatic garage door opener.
(14)
Other comparable features.
(g)
Each door providing ingress and egress to any dwelling unit subject to this ordinance shall be equipped with the following devices:
(1)
A peephole allowing a person inside the unit to see, at a wide angle, persons outside of the unit at the door, without the person inside being seen. The Planning Commission and/or City Council may consider other options to a peephole which provide like security features.
(2)
A deadbolt lock attached to the construction studding. Attachment to the doorjamb or trim shall not be sufficient to comply with the terms of this ordinance.
(h)
All multi-level multiple-family residential structures shall be provided with a water closet on the ground floor.
(Ord. 186 § 16, 1998; Ord. 465 § 8, 2025)
§ 88.0215 Site amenities.
(a)
Multi-family projects containing more than five (5) units shall provide an entry statement, consisting of at least one of the following:
(1)
Hardscape structure (trellis, decorative garden wall, landscaped berming, decorative gate, etc.)
(2)
Specimen landscaping (large, distinctive vegetation) or mature trees.
(3)
Textured or stamped concrete.
(4)
Monument signage with accompanying landscaping.
(5)
Or other comparable installations, as approved by the Planning Commission and/or City Council.
(b)
Trash collection areas shall be provided within two hundred (200) feet of the farthermost unit they are to serve, and shall be situated so as to eliminate noise and visual intrusion on adjacent property as well as to eliminate fire hazard to adjacent structures. Trash enclosures shall be of masonry construction, comply with the City's enclosure design standard, and shall be easily accessible to all residents. The location shall also be accessible to trash collection vehicles as determined and approved by the City's franchised waste hauler.
(c)
Each project shall provide outdoor open space for recreation and leisure activities within the development site in the following manner:
(1)
Outdoor open space shall comprise not less than forty (40) percent of the net acreage. Public driveways, parking spaces, or other areas designated for operational functions are not considered open space. Open space may include game courts or room, saunas, tennis courts, putting greens, play lots, outdoor cooking areas, lawn bowling, and front and rear and side yard setbacks, if landscaped and greater than the minimums required. Private patios and/or yards attached to individual units may be computed as required open space. In projects that include a majority of two or more bedroom units, the City requires the development of a portion of the required open space as a children's' play lot.
(2)
Swimming pools, with related deck areas, wading pools, fish ponds, volleyball courts, tennis courts, barbecue areas, game rooms, or other recreational facilities provided for the common use of all the residents may be constructed within the required outdoor living space; provided, however, that such facilities shall not occupy more than fifty (50) percent of the required outdoor living space.
(3)
Projects containing more than twenty-five (25) units will require installation of at least one (1) community focal point per project. The community focal point should be designed to function as a central meeting space for use by project residents. These areas shall include shading, seating, and decorative features consistent with the style and design of the units, or may be enclosed within a structure, which features the same architectural detailing, including materials, roof projections and slopes, and lighting of the predominate elevation type, to function as a multi-purpose recreation/meeting room. The focal point should be centrally located and accessible to all individuals. Such facilities may not occupy more than fifty (50) percent of the required outdoor living space.
(d)
Under all conditions, the open spaces created pursuant to the provisions of this ordinance shall remain open and available for such use during the life of the development.
(Ord. 465 § 8, 2025)
§ 88.0220 Architecture.
(a)
Architectural plans will be subject to review by the City Architect, and approval of the Planning Commission and/or City Council. In addition to the Citywide Design Guideline requirements, the following standards will apply:
(1)
Building massing: Buildings must be interesting and should display an integrity of design and style. Flat, unarticulated building faces are strongly discouraged. Simple, stucco-box structures with standard simple roofs and tack on highlights should be avoided. Building shapes and wall massing should be varied. Wall relief should be provided by introducing variables into the building equation. Rectangular box shapes should be avoided in favor of second floor tiering and increasing the number of major building faces.
(2)
Unit entry areas: Entry areas should be utilized to articulate building faces and provide a recognizable, perhaps more formal entry way to units. Entry areas should be located on different faces of the building to avoid a “motel-look.” Stairways and entries should be recessed, covered, or treated in such a fashion as to increase the sense of arrival and provide shelter from natural elements.
(3)
Roof and roof lines: Wood-shake roof materials are prohibited in new multi-family development due to fire hazards. Roof lines should be varied and interesting. Long, continuous expanses of simple roofs should be avoided. Hips and gables should be provided when consistent with other architectural elements. Rooftop equipment should be screened from street view.
(4)
Scale: Buildings should be in scale for the area in which they are proposed, and should be compatible with surrounding properties. Views of existing residences shall be protected wherever possible.
(5)
Perimeter walls, fencing or other screening will be required where appropriate. In general, backyards and parking areas should be screened from street view.
(Ord. 465 § 8, 2025)
§ 88.0225 Landscape.
(a)
Landscape plans will be subject to review by the City Planning Director and approval by the Planning Commission and/or City Council. In addition to the Citywide Design Guideline requirements, the following standards will apply:
(1)
Setback areas shall include landscape installations.
(2)
All parking lots, more than four (4) spaces, shall be provided with pockets for trees or shrubs, unless covered parking is provided. Landscape plans should be designed to provide reasonable shade for the parking lot areas, and the following standards shall apply to parking lots:
(A)
A minimum five (5) foot wide (inside dimension) planter shall be provided at the end of parking aisles that includes shade trees.
(B)
A four (4) foot wide (inside dimension) diamond planter island shall be provided after every four (4) parking spaces that includes shade trees.
(C)
Areas with double parking rows are encouraged to include planter medians between the rows. Opportunities for pedestrian pathways within the median, and/or the use of bio-swales to support water quality design requirements shall be used wherever possible.
(3)
Buildings should be provided with proper landscape screening. Landscape cutouts and pockets should generally be provided along building walls, at building corners, or other highly visible locations around buildings.
(4)
All plant and tree material should be verifiably appropriate for use in the Yucaipa area. Consideration should be given to resistance to drought, water requirements, adaptability to wind (if appropriate), longevity, and ease of maintenance. A specific attempt should be made to utilize plant palettes and design plans which serve to promote energy and water conservation.
(5)
Invasive species (cottonwood or ash for example) should be installed away from hardscape improvements, or provided with root barriers, or avoided.
(6)
Irrigation systems should generally avoid spray methods in favor of bubbler or drip systems. Lines shall be placed underground.
(7)
On-site native vegetation should be incorporated into site or landscape plans wherever feasible. Special effort should be made to preserve and incorporate existing trees into design schemes. Mature trees removed from a site shall be replaced two to one with minimum 24 inch box trees, unless prohibited by site dimensions. Where feasible, natural vegetation should be allowed to re-establish itself.
(8)
Parking lots should be screened from street view wherever possible.
(9)
Sidewalks are required in conjunction with all new multi-family residential development. Builders/developers should extend landscaping beyond the property to the sidewalk or curb line.
(10)
Building faces should be softened by tree installation over a reasonable period of time. Trees shall be selected to include varietals that will reach the building's height at maturity.
(11)
Areas adjacent to other development shall be planted with large shrubs and fast growing evergreen trees.
(Ord. 465 § 8, 2025)
§ 88.0235 Multiple residential building separations.
The following separations shall apply to any lot containing two or more dwelling units which are in separate detached structures. The separations shall be between opposite exterior walls. Walls shall be considered opposite if a perpendicular line drawn in a horizontal plane from one structure intersects another structure’s wall. The front side of a unit is the one containing the primary entrance to the dwelling unit.
Building Orientation | Separation |
|---|---|
Side-to-Side | 10 feet |
Rear-to-Rear or Front-to-Side | 15 feet |
Front-to-Rear | 20 feet |
Front-to-Front or Interior Court Space | 25 feet |
Interior Court Space with Parking Access | 30 feet |
All Others | 20 feet |
§ 88.0301 General provisions.
(a)
Purpose. The purpose of this chapter is to provide regulations for the location, design, and improvement of mobilehome parks.
(b)
Intent. It is the intent of this chapter to provide regulations for the location, design, and improvements of mobilehome parks that equal or exceed all applicable State laws. It is hereby declared that in an instance where the provisions of this chapter do not encompass all of the State regulations insofar as the limits of this chapter apply, that such regulations are included and required for conformance as a part of this chapter.
(c)
Enforcement of other regulations. The provisions of the Mobilehome Parks Act, California Health and Safety Code, Division 13, Part 2.1, and the applicable regulations adopted pursuant thereto by the State Department of Housing and Community Development are hereby adopted as a part of this chapter. It shall be the duty of the Building Official to enforce all of the provisions of said Act pertaining to construction, alteration, or modification of all mobilehome parks. It shall be the duty of the City Planner to enforce all the provisions pertaining to permits to operate, maintenance, use, occupancy, sanitation, and safety of all mobilehome parks.
§ 88.0305 Definitions.
Except as otherwise provided in Division 12, all terms used in this chapter which are defined in the Mobilehome Parks Act, California Health and Safety Code, Division 13, Part 2.1 and the applicable regulations adopted pursuant thereto by the State Department of Housing and Community Development are used in this chapter as so defined unless, from the context thereof, it clearly appears that a different meaning is intended.
§ 88.0310 Establishment of mobilehome parks.
(a)
Compliance with laws. Each map or plan prepared pursuant to this chapter shall be in accordance with applicable State laws, the Yucaipa City Code, and any other ordinance, statute, or law pertaining to the establishment of mobilehome parks.
(b)
Compliance with plans and standards. Each map or plan filed pursuant to this chapter shall be in compliance with the officially adopted General Plan and any amendment adopted pursuant thereto.
(c)
Preparation of map or plan. Each map or plan shall be prepared by an architect, professional engineer, or other person qualified to do such work. The map shall be drawn at a scale of one inch equals 50 feet or less. Information required shall be as specified by the Conditional Use Permit application packet.
(d)
Investigation of application. Upon receipt of a complete filing for approval to establish or enlarge a mobilehome park, the City Planner shall make the necessary investigation, review, and inspection of the application, plot plans, site, and proposed facilities to determine whether the establishment or enlargement of the park will meet the requirements of this chapter and other applicable ordinances and laws.
(e)
Distribution of maps. The City Planner shall transmit a copy of the mobilehome park map to the affected agencies for review and comment.
(f)
Reports. Departments and agencies receiving the maps for review shall transmit comments or recommendations to the City Planner in writing within 15 days after receipt of the map. Failure to so report shall be deemed approval of the design.
(g)
City Planner action. The City Planner shall review the application and maps of the proposed mobilehome park. It shall consider the reports of other departments and agencies, together with the provisions of this chapter and shall submit its findings to the Community Development Director. After reviewing the findings, the Community Development director shall approve, conditionally approve, disapprove, or extend the maps submitted. An extension of time shall be granted when, in the opinion of the Community Development Director, additional information is necessary to properly act on an application in compliance with the provisions of this chapter.
(h)
Report to applicant. After consideration and action of the Community Development Director, in accordance with the requirements of this chapter and other applicable ordinances, the City Planner shall notify the applicant in writing of the action. Copies of this action shall be forwarded to the Building Official for processing of construction plans.
§ 88.0315 Standards of design and improvements.
(a)
Compliance to standards. Any person desiring to enlarge or establish a mobilehome park shall meet or exceed the design standards set forth in this chapter.
(b)
Locations. Mobilehome parks shall be located in accordance with all applicable County and City ordinances and State laws.
(c)
Minimum areas. Mobilehome parks shall be developed on a parcel of land at least 10 acres in area.
(d)
Drainage and flood hazard. A mobilehome park shall be located on a well-drained site, properly graded to provide for adequate disposition of runoff. Such areas shall be free of flood hazard from external sources. The City Planner may require dedications and improvements which will insure proper protection to the park in accordance with this section.
(e)
Streets and highways. The City Planner may require additional dedication and improvements on streets and highways abutting the proposed mobilehome park in accordance with the Transportation Element of the General Plan and established widths of local and collector streets.
(f)
Lot areas and dimensions. Each mobilehome lot shall contain a minimum area of 1,200 square feet, with a minimum width of 30 feet fronting on a driveway provided, however, that the following conditions are met.
(1)
Lots larger than the above minimum sizes may be required where it is determined that said lot size will either:
(A)
Be consistent with the general pattern established by mobilehome parks in the vicinity, or
(B)
Be necessary to accommodate manufactured home sizes as stated in the mobilehome park report submitted.
(2)
Lots on curved driveways or cul-de-sacs where lot lines are either converging or diverging from the front to the rear of the lot shall have an average width of at least 30 feet, but in no case shall the frontage on a driveway be less than 25 feet.
(g)
Clearances. Manufactured homes (mobilehomes) shall be located so they are at least 10 feet apart from side to side, eight feet apart from side to rear, six feet apart from rear to rear, and 10 feet from any building, except for accessory buildings used as private toilets or baths for the exclusive use of the occupant of the mobilehome site. Mobilehome hitches shall face the access driveway.
(h)
Minimum side and rear lot clearances. There shall be minimum side lot clearances totaling 10 feet in width, provided, however, that no mobilehome shall be closer than three feet to any side or rear lot line. Where lots abut side or rear yards as defined in Section 88.0315(j), said yard areas may be included as a part of this requirement.
(i)
Occupied area. The occupied area of each mobilehome space shall not exceed 75% of the total area of such mobilehome lot. The area shall be deemed to be occupied when covered or occupied by a trailer coach, cabana, vehicle, ramada, awning, closet, cupboard, or any other structures.
(j)
Yards and setbacks. The following yards shall be maintained on each mobilehome park.
(1)
A front yard of at least 25 feet in depth along the public street upon which the mobilehome park fronts shall be maintained. This yard shall extend across the entire width of the park.
(2)
Side yards of not less than five feet in width along each side boundary line of the mobilehome park shall be maintained.
(3)
A rear yard of not less than 10 feet in depth along the rear boundary line of the mobilehome park shall be maintained.
(4)
Greater yards or setbacks may be required where, in the opinion of the City Planner, such yards or setbacks are necessary due to topographic conditions, grading, drainage, or protection of adjacent property.
(5)
No part of any mobilehome shall be located within any yard or required setback area.
(k)
Roads within mobilehome parks. Roads within mobilehome parks shall be designed to provide reasonable and convenient traffic circulation and shall meet the following standards.
(1)
No road shall be less than 32 feet in width if car parking is permitted on one side of the road, and not less than 40 feet in width if car parking is permitted on both sides.
(2)
Road widths to provide for parking on one side shall be deemed necessary when lots abut the road on one side only. Road widths to provide for parking on both sides shall be deemed necessary when lots abut the road on both sides.
(3)
The entire width of the roads within mobilehome parks shall be surfaced with a minimum of two-inch thick asphalt, concrete, plant mix, or other approved material.
(l)
Parking. There shall be provided two parking spaces on each lot. There shall also be established and maintained within each mobilehome park automobile parking area for the use of guests. The number of such spaces shall be equal to one for every 2 mobile home spaces or fraction thereof within the mobilehome park. Each parking space shall be 10’ x 20’ in size, plus such additional area as is necessary to afford adequate ingress and egress.
(m)
Walkways. Walkways shall be provided to permit reasonably direct access to all lots, service buildings, and other areas or buildings used by occupants of the trailers. Collector walkways serving utility buildings, playgrounds, and other general areas shall be four feet in width or more, and individual entrance walks to each mobilehome site shall be at least two feet in width. All walkways shall be constructed of asphalt, concrete, plant mix, or other approved materials which will permit all-weather pedestrian movement.
(n)
Enclosures of mobilehome park. A wall or fence six feet in height shall be erected and maintained along each side and rear boundary of a mobilehome park, except along the portion of such side or rear boundary line which either abuts a public street or is within a front yard or side yard adjacent to the street, in which case, a wall or fence may be required. A wall or fence shall be solid and of concrete, brick, or other masonry construction or of chainlink metal construction with an evergreen hedge planted. Where, in the opinion of the City Planner, it is unreasonable to require the construction of a fence or wall, the City Planner, at his discretion, may waive or modify the requirements as specified in this paragraph.
(o)
Service area (enclosure). The City Planner may require fencing or screen planting around areas containing garbage, rubbish, or waste disposal or ground service or recreational areas as a condition of approval of a mobilehome park.
(p)
Vehicle storage. Common storage areas shall be provided with an enclosed fenced area for the residents of the mobilehome park for the storage of recreational vehicles, trailers, travel trailers, and other licensed or unlicensed vehicles. This area shall total not less than 50 square feet for each mobilehome lot. All storage on a mobilehome lot shall be in accordance with the provisions of Title 25 of the California Administrative Code.
(q)
Modifications in design. Where mobilehome parks are submitted for approval which, although not complying with the requirements of design as stated herein, are consistent with the general intent and purpose of this chapter, the Community Development Director may approve such parks with conditions and restrictions which insure that the general purposes are satisfied.
(1)
Park designs utilizing duplex or cell-type groupings of mobilehome lots or other modified designs may be approved under the provisions of this section.
(2)
Modifications of the above standards of design may be approved under the provisions of this section for mobilehome parks, travel trailer parks, recreational trailer parks, temporary trailer parks, and tent camps. However, in no case shall such modifications be in conflict with the minimum requirements of the Mobilehome Parks Act, California Health and Safety Code, Division 13, Part 2.1 and the applicable regulations adopted pursuant thereto by the State Department of Housing and Community Development.
§ 88.0320 Buildings, structures, and facilities.
(a)
Structural requirements. The erection, construction, reconstruction, repair, relocation, or alteration of all permanent buildings and structures located within a mobilehome park shall conform to the requirements of the Uniform Building Code as adopted.
(b)
Plumbing requirements.
The construction, installation, arrangement, alteration, repair, use, and operation of all plumbing, water, and sewage systems within, on, or pertaining to all permanent buildings and structures located within a mobilehome park shall be designed and installed in accordance with the requirements of the Uniform Plumbing Code, as adopted.
Floor drains of a type approved by the Building Official shall be installed in all concrete floors of rooms containing sanitary plumbing fixtures. Hose bibs shall be installed near each floor drain. Sanitary facilities within a mobilehome park shall be for the exclusive use of tenants of the mobilehome park.
(c)
Electrical requirements. The construction, installation, arrangement, alteration, repair, use, and operation of all electrical wiring and electrical equipment within, on, or pertaining to all permanent buildings and structures located within the mobilehome park shall be designed and installed in accordance with the requirements of the National Electrical Code, as adopted.
(d)
Certificate of Occupancy. Upon completion of any mobilehome park and prior to the use thereof, the owner or operator of said park shall make an application to the City Building Official for a Certificate of Occupancy, said application to be in writing upon the form provided by the Office of Building and Safety, and shall be filed not less than 10 days nor more than 20 days before the mobilehome park is ready for use. The Building Official shall thereupon make a final inspection of the mobilehome park referred to in said application and if found to be in conformity with the requirements of this chapter and other ordinances of the City of Yucaipa, and the laws of the State of California.
(e)
Public address systems. Public address systems or loudspeakers shall not be permitted if audible outside the boundaries of the mobilehome park.
§ 88.0325 Operation of mobilehome parks.
(a)
Health permit. Any person or owner who operates or permits the use of a mobilehome park or portion thereof shall first obtain a permit issued by the Community Development Director authorizing such person or owner to operate such a mobilehome park. Application for permits may be secured from the City Planning Office.
(b)
Investigation of application for health permit. Upon receipt of an application for a public health permit filed pursuant to this chapter, the Community Development Director shall cause to be made an inspection of the mobilehome park, and if found to be in conformity with the requirements of this chapter and other ordinances of the City of Yucaipa, and the laws of the State of California, the permit shall be issued upon payment of the fee hereinafter specified.
(c)
Health permit fee. Prior to the issuance of a public health permit, there shall be paid to the Community Development Director, a fee pursuant to Section 16.0213 (B).
(d)
Supplemental permit fee. Fees for supplemental permits issued for lots added after issuance of the regular permit shall be pro-rated on a monthly basis, and the expiration date of the supplemental permit shall be the same as the expiration date of the regular permit.
(e)
Expiration of permit. Permits issued pursuant to this chapter shall expire on the December 31st following issuance, and such permit must be renewed within 30 days following the expiration date. Permit fees for mobilehome parks beginning operation during the permit year shall be pro-rated on a monthly basis, and all such permits shall expire December 31st.
(f)
Renewal of existing permit. Permit fees on renewal of permits expiring during the permit year shall be pro-rated on a monthly basis, and all such permits shall expire on the December 31st following issuance.
(g)
Failure to reapply for permit. Every person, firm, or corporation having a permit as required under this chapter who fails to reapply for such permit within the time prescribed in subsection (e) hereof shall, in addition to the required fee, pay a penalty fee in the amount of 25% of the required fee.
(h)
Health permit — Nontransferable. Health permits issued pursuant to this chapter shall be nontransferable.
(i)
Transfer of ownership. A transfer of ownership or possession of a mobilehome park under existing valid permit may be made upon request for a new permit to operate, accompanied by an appropriate adopted fee.
§ 88.0330 Approved maps.
(a)
Filing of approved maps. A reproducible tracing of the map of the mobilehome park as approved by the Community Development Director shall be filed with the office of Building and Safety for construction permits. Blueline prints, in an amount determined to be necessary for processing of the application, shall be submitted together with the tracing.
(b)
Checking of approved map. The approved map shall be checked for compliance with all the conditions set forth by the City Planner. When it is determined that all conditions have been met, construction permits may be issued by the Building Official.
§ 88.0335 Bonds to guarantee improvements.
(a)
Bonds required. If all improvements required as a condition of approval of a mobilehome park are not satisfactorily completed at the time an operating permit is requested, the owner or owners of the mobilehome park shall, prior to the issuance of said permit, enter as contractor into an agreement with the City guaranteeing that the required work will be accomplished.
§ 88.0340 Subdivisions of mobilehome parks.
A subdivision may be permitted by the Community Development Director. All mobilehome park subdivisions shall be conditioned to require reservation and maintenance of all common areas for common use and enjoyment of the residents of the mobilehome subdivision. All mobilehome subdivisions shall comply with all appropriate design standards established by this division and all applicable State, County, and City Subdivision requirements.
§ 88.0401 Service station setbacks.
(a)
Protective pump island canopies shall maintain a setback of five feet from the right-of-way shown on the adopted Master Plan of Highways.
(b)
Pump islands, when designed parallel or up to, but not including 30 degrees to the nearest right-of-way, shall maintain a setback of 15 feet from the right-of-way shown on the Transportation Element of the General Plan, adopted Specific Plan, or planning area.
(c)
Pump islands, when designed at an angle of 30 degrees or more to the nearest right-of-way, shall maintain a setback of 25 feet from the right-of-way shown on the Transportation Element of the General Plan, Specific Plan, or planning area.
(d)
Area lighters shall maintain a setback of one foot from the right-of-way shown on the Transportation Element of the General Plan.
(e)
All other structures over four feet in height shall maintain setbacks as required in the street setback section for land use districts or as required by the applicable Specific Plan or planning area.
§ 88.0405 Underground utility requirements.
Utility lines, including, but not limited to, electric, telephone, communication, street lighting, and cable television, within or directly serving each new commercial, industrial, or institutional development that, for purposes of this section, includes the construction of a new building or an expansion of an existing building by the lesser of 500 square feet or 10% of the existing building square footage, and/or overhead distribution lines on the perimeter, where such undergrounding would result in the removal of four (4) or more utility poles on the same street, shall be placed underground. However, an infill project, which for purposes of this section consists of a site no more than 15 acres, completely surrounded by existing development, and where poles along the surrounding frontage have not been undergrounded, is exempt from underground utility requirements for existing poles along the frontage. The developer is responsible for complying with the requirements of this subsection without expense to the City, and he or she shall make necessary arrangements for the installation of such facilities.
(Ord. 340 § 2, 2016; Ord. 253 § 16, 2006; Ord. 186 § 14, 1998; Ord. 389 § 2, 2020)
§ 88.0420 Commercial and industrial transitional uses.
(a)
Any commercial or industrial use which is located on a lot in a commercial or industrial district which abuts a residential, agricultural, or resource conservation district shall adhere to the following standards.
(1)
The use shall maintain a setback of 15 feet or that required within the land use district in which the use is located, whichever is greater.
(2)
All open facilities or outside storage shall be screened by a manmade or natural barrier(s) sufficient to screen all outside storage. For commercial uses, the barrier(s) shall be sufficient to screen all outside storage and shall be sufficient to attenuate noise levels to 65 dBA/Ldn at the property line.
§ 88.0501 Intent.
It is the purpose of this chapter to promote a more efficient use of the land and to create a more desirable and affordable living environment by providing greater design flexibility than would be possible through the strict application of standard development regulations required by a land use district. This chapter shall set forth those requirements, design standards, and conditions by which planned development shall be regulated. For other regulations concerning Planned Developments, refer to Section 84.0250 in Division 4 of this Code.
§ 88.0515 General regulations.
(a)
Density. The total density of a planned development shall be determined by the following.
(1)
General Plan Official Land Use District for the Particular Property Increased densities may be granted by the reviewing authority through the bonus density or transfer of density provisions authorized by the General Plan and implemented by the Development Code or by a Specific Plan. However, density increases shall not be granted for that portion of a Planned Development for which only a Preliminary Development Plan has been approved. Lot sizes smaller than those required by the Land Use District may be approved for a Planned Development provided the overall lot density is not exceeded, except as otherwise allowed by this Code and/or the General Plan.
(2)
Density transfers. One hundred percent (100%) transfer of the density indicated on the City of Yucaipa General Plan Official Land Use District is permitted within the project, provided all other performance criteria are met. This transfer of density may include a transfer of density from adjacent property for which development restrictions in favor of this project have been obtained.
(A)
To be eligible for density transfer, adjacent private lands must meet the following criteria.
(I)
Private lands from which the density is being transferred must be free of hazards or other physical constraints that prohibit the construction of residential dwellings.
(II)
Private lands from which the density is being transferred must be shown on the General Plan as developable for residential dwellings.
(B)
All open space within the project which has been created as a result of a density transfer must be common open space, provided, however, in those circumstances when it is infeasible or impracticable for a private organization to adequately maintain and preserve the land as open space, such land may be dedicated to the public for open space purposes.
(3)
Density bonus.
(A)
An additional bonus in dwelling unit density, up to 10% above that indicated in the General Plan Official Land Use District for the area, may be granted by the reviewing authority, provided one of the following criteria is met.
(I)
A publicly valuable resource is provided, preserved, or enhanced which would otherwise require the expenditure of public monies.
(II)
A public or quasi-public item is provided above and beyond the normal expectations.
(III)
An amenity, convenience, or excellence in design is provided above and beyond normal expectations.
(B)
In all cases, the granting of density bonuses must further the purpose and intent of the Planned Development provisions of this Code and the General Plan.
(b)
Accessory uses permitted in Planned Residential Developments.
(1)
All accessory uses permitted in the RS District shall be permitted in a Planned Development, provided that such accessory uses are compatible with the approved PD development plan.
(2)
When the underlying land use district permits horse raising, and where the density of a Planned Development project does not exceed four dwelling units per acre, horses shall be permitted in a PD project as follows.
(A)
On lots 20,000 square feet or greater, subject to the regulations of the RS District.
(B)
Where lots are less than 20,000 square feet, horses shall be permitted subject to the following conditions:
(I)
Horses shall be clustered onto common lots.
(II)
The maximum density of horses shall not exceed 3.2 horses per gross acre of common lot area.
(III)
All standards and regulations of the Community Development Department shall apply.
(IV)
Maintenance and management of the clustered facilities shall be provided by the property-owners’ association.
(c)
Phasing. In a phased development, safeguards shall be required in the form of easements or bonds or other commitments for open space requirements that will protect the integrity of the total project.
(d)
Subdivision. When a tentative subdivision map is filed with a planned development project, prior to recordation of the final subdivision map, the following items shall be filed with the appropriate agency.
(1)
Documentation of easements, covenants, deeds, and Property Owner Association by-laws, restrictions, and articles of incorporation.
(2)
Sureties and performance bonds covering open space areas, dedicated public improvements, and other items as determined by the reviewing authority; the amount of the performance bonds shall be reviewed annually by the appropriate agency.
(e)
Revision of approved Development Plans. No revisions may be made in an approved Planned Development Site Plan or Final Development Plan before, during, or after the construction of a planned development, except upon application by the applicant to the appropriate reviewing authority, under the procedures provided below.
(1)
Minor revisions such as in the location and siting of building and structures may be authorized by the City Planner if required by engineering or other circumstances not foreseen at the time the development plan was approved. These revisions shall be made prior to recording the final subdivision map or the issuance of any building permits, whichever occurs first.
(2)
Major revisions such as changes in use, any significant rearrangement of lots, blocks and building tracts, any substantial changes in the provision of common open spaces, and all other modifications shall be approved by the reviewing authority authorized to approve the plan being revised. The reviewing authority shall hold a public hearing to consider such major revisions. No amendments may be made in the approved development plan unless they are shown to be required by changes in conditions that have occurred since the development plan was approved or by changes in the General Plan, Specific Plan, or area plan.
§ 88.0520 Design standards.
(a)
Unless specifically changed within this section, all adopted City ordinances, standards, and policies apply to a Planned Development project, including those set forth in the Yucaipa General Plan. The Planning Commission may alter adopted standards where, in their opinion, the altered standards would more adequately serve the intent and purposes of the Planned Development provisions of the Code.
(b)
Circulation.
(1)
The vehicular circulation pattern shall be designed such that the following are accomplished.
(A)
It provides adequate vehicular access to and within the project, in accordance with adopted City standards.
(B)
It is coordinated with external transportation networks in terms of location and loads.
(C)
It is integrated with the natural landscape and, where possible, parallels the natural drainage system.
(D)
It is designed such that the noise levels from vehicular traffic shall comply with the Noise Quality Standards of the Yucaipa General Plan.
(E)
The planned development project and each phase thereof has two points of vehicular ingress and egress from surrounding streets, one of which may be emergency only. Where the applicant can show that this is a physical impossibility, this requirement may be modified by the local Fire Authority or County Fire Warden.
(F)
Private streets are acceptable if they are built to City standards and are inspected by the City. However, right-of-way shall not be accepted by the City, nor shall private streets be accepted into the City-maintained road system.
(2)
The pedestrian circulation pattern shall be designed such that the following are accomplished.
(A)
It is separated from vehicular traffic where possible and designed to discourage pedestrian crossing of the vehicular network, except at controlled points which are designed for pedestrian safety.
(B)
Hard-surfaced, safely-lighted pedestrian access to common open space, recreational areas, community facilities, and other logical terminal points shall be provided.
(3)
All common off-street parking areas shall be designed such that the following are accomplished.
(A)
They provide adequate, convenient, well-marked, and safely-lighted parking.
(B)
With the exception of building-enclosed parking structures, they shall contain appropriate landscaping to minimize the effect of large areas of asphalt or concrete.
(4)
Two parking spaces per dwelling unit shall be provided. No tandem parking is permitted. Guest parking, either on-street or in common parking areas, shall be provided at a ratio of one space per two dwelling units.
(c)
Open space.
(1)
For the purposes of this chapter, open space within a planned development shall be the total area of land or water within the boundaries of a planned development, designed and intended for use and enjoyment as open space areas.
(A)
Open space within a planned development shall include the following.
(I)
Area of the site not covered by buildings, paved areas, or accessory structures, except recreational structures.
(II)
Land which is accessible and available to all occupants of the development for which the space is intended.
(B)
Open space within a planned development does not include the following.
(I)
Proposed and existing street rights-of-way and private streets.
(II)
Open parking areas and driveways.
(III)
School sites.
(IV)
Commercial, industrial, or office areas, and the buildings, accessory buildings, parking, and loading facilities thereof.
(2)
A residential planned development project shall have a minimum of 40% private and common open space, not including balcony area.
(3)
Each dwelling unit shall have a minimum contiguous private open space area as follows.
(A)
Ground Floor: 225 square feet.
(B)
Upper-Story Dwelling with No Ground Floor: 660 square feet.
(4)
Provisions for the maintenance and management of the common open space and common facilities shall be reviewed and approved by the reviewing authority. Such approval shall be based on the following criteria.
(A)
The applicant shall establish a Property Owners’ Association prior to the selling of any lot or occupancy of any dwelling unit.
(B)
The Property-Owners’ Association by-laws, restrictions, and articles of incorporation shall include the necessary regulations required by the Federal Housing Administration. Other standards may be approved by the reviewing Housing Authority.
(d)
Site resource utilization.
(1)
The planned development shall be designed and developed in such a manner as to minimize the cutting of trees, disturbance of ground cover, cut-and-fill work, drainage alteration, and hillside development. All tree removals shall be in accordance with City permit procedures.
(2)
All new dirt work and exposed slopes shall be suitably stabilized in accordance with Sections 68.001 through 68.024 of the City Code. Scarred and erosion-prone areas shall be stabilized with appropriate planting.
(3)
A drainage analysis shall be prepared and shall accompany the application for a planned development.
(e)
Site and structure relationship.
(1)
The spacing of buildings shall be governed by the requirements for adequate light and air, proper access, fire regulations, and by the need for visual and auditory privacy.
(2)
Whenever possible, dwelling units shall be arranged to take advantage of views and vistas with consideration given to “micro” (subsections of the planned development) climate control and pleasing relationships of building mass.
(3)
The planned development shall be designed to minimize the likelihood of criminal activity by the following methods.
(A)
Minimizing those areas that are neither clearly private or public.
(B)
Planting landscaping such that maximum observation is obtained while providing the desired degree of aesthetics.
(4)
Building height, bulk, and “micro” coverage are regulated only inasmuch as they meet the performance criteria set out above.
(5)
No structure for human habitation shall be placed in an environmentally hazardous, fragile, or unique area.
(f)
Perimeter.
(1)
Adjacent properties to the planned development shall be protected from adverse influences of traffic, land uses, building scale, and density by the combined use of screening, setbacks, and land use location.
(2)
Perimeter planning and coordination are required to assure continuity in the community facilities and services. The applicant shall demonstrate that the development proposal can be adequately served by community facilities and services without undue public expenditure.
(3)
Planned development projects which are within Fire Safety (FR) Overlay Districts shall develop perimeter areas in accordance with standards set forth in that element.
§ 88.0601 Parolee home.
(a)
Location requirements.
(1)
In evaluating requests for parolee homes, particular attention will be directed to the physical relationship and proximity of the proposed use to similar uses on the same or surrounding sites, the compatibility of the proposed use with neighboring uses (i.e., schools, parks, and other similar uses), and ensuring that no adverse effects on the public health, safety, or welfare will be created by the proposed use.
(2)
When a Conditional Use Permit for a parolee home is requested, other than for a renewal or ownership transfer, the parolee home shall be located a minimum of 660 feet away from an existing or proposed school, park, religious institution, hospital, youth facility, or other similar use.
(3)
When a Conditional Use Permit for a parolee home is requested, other than for a renewal or ownership transfer, the parolee home shall be located a minimum of 1,320 feet away from an existing parolee home or other similar use.
(b)
Operational requirements.
(1)
Each parolee home, or “parolee home” unit, is limited to a maximum number of six parolees with each bedroom not exceeding two parolees.
(2)
Multiple-family residential projects with less than 25 units shall be limited to one “parolee home” unit.
(3)
Multiple-family residential projects with 25 or more units shall be limited to two “parolee home” units.
(4)
The property owner or a designated on-site manager must live full-time on the site of the parolee home.
(5)
The Police Department shall be provided with a weekly update of the names of all parolees currently living at the parolee home.
(c)
Revocation. Pursuant to Section 84.0105(b) of this Code, land uses, buildings or structures shall only be designed, occupied, and used for those land uses allowed by and in compliance with the provisions of the Development Code. The Planning Commission may revoke a Conditional Use Permit for any violation of this Code Section or the Conditions of Approval that are placed on a Conditional Use Permit. The revocation hearing must be noticed as a public hearing as required in Section 83.010330 of this Code, and the Planning Commission must make the necessary findings to revoke the Conditional Use Permit.
(Ord. 247 § 12, 2005)
§ 88.0701 Purpose and intent.
The purpose and intent of this chapter is to regulate, sexually-oriented businesses which, unless closely regulated, tend to have serious negative secondary effects on the community, which effects include, but are not limited to, the following: depreciation of property values and increase in vacancies in residential and commercial areas in the vicinity of sexually-oriented businesses; interference with residential property owners enjoyment of their property when such property is located in the vicinity of sexually-oriented businesses a result of increases in crime, litter, noise and vandalism; higher crime rates in the vicinity of sexually-oriented businesses; and blighting conditions such as low-level maintenance of commercial premises and parking lots, which thereby have a deleterious effect upon adjacent areas. Special regulation of these businesses is necessary to prevent these adverse effects and the blighting or degradation of the neighborhoods in the vicinity of the sexually-oriented businesses.
It is neither the intent nor the effect of this chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor the effect of this chapter to restrict or deny access by adults to communication materials or to deny access by the distributors or exhibitors of sexually-oriented businesses to their intended market.
Nothing in this chapter is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any city ordinance or any statute of the State of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof.
Notwithstanding any other provision of Volume II (Land Use and Development) of the Yucaipa Municipal Code, the regulations set forth under this chapter shall apply specifically to sexually-oriented businesses.
(Ord. 196 § 5, 2000)
§ 88.0705 Applicability and exceptions.
This chapter shall apply to the establishment of a sexually-oriented business, as defined in Chapter 19 (Definitions Beginning with “S”) of Division 12 of Volume II (Land Use and Development) of the Yucaipa Municipal Code.
This chapter shall not apply to any of the following businesses or activities:
(a)
Any massage parlor or massage practitioner holding a valid current license issued pursuant to Section 5.04.030(A) of the Yucaipa Municipal Code.
(b)
Any treatment administered in good faith in the course of the practice of any healing art or profession by any person holding a valid license or certificate issues by the state to practice any such art or profession under the provisions of the state business and professions code or any other state law.
(Ord. 196 § 5, 2000)
§ 88.0710 Establishment of a sexually-oriented business.
The establishment of a sexually-oriented business shall be permitted only in the IC Land Use District as set forth in Section 84.0370 of Volume II (Land Use and Development) of the Yucaipa Municipal Code, subject to the following regulations:
(a)
A sexually-oriented business shall not be established or located within one hundred (100) feet of:
(1)
Any zone or land use district (of an adjacent jurisdiction) which contains the word “residential” or its equivalent (of the adjacent jurisdiction);
(2)
Any residential use or residential zone;
(3)
Any religious institution, or property zoned, planned or otherwise designated for such use by city action, where a construction or use approval has been issued by the city prior to the city’s receipt of an application for a sexually-oriented business permit;
(4)
Any funeral parlor, mortuary, cemetery, or similar facility where religious services are regularly conducted, or property zoned, planned or otherwise designated for such use by the city action, where a construction or use approval has been issued by the city prior to the city’s receipt of an application for sexually-oriented business permit;
(5)
Any school, public park, or public or private playground, or other recreational facility where minors congregate, or property zoned, planned or otherwise designated for such use by city action, where a construction or use approval has been issued by the prior to the city’s receipt of an application for a sexually-oriented business permit;
(6)
Any existing sexually-oriented business. If two (2) or more existing sexually-oriented businesses are located in closer proximity to each other than one hundred (100) feet, in determining which of the businesses is nonconforming, preference shall be given in the order of the respective lengths of continuous uninterrupted operation of the businesses.
(b)
The locational standards set forth in subsection (a), (1) through (6), inclusive, of this section shall pertain to legally established land uses in adjacent jurisdictions.
(c)
Each such sexually-oriented business must, prior to commencement or continuation or substantial enlargement of such business, first apply for and receive sexually-oriented business license in accordance with the provisions of Article 12 of Chapter 3 of Division 3, of Volume II of the Yucaipa Municipal Code.
(d)
Where two or more sexually-oriented business applications are submitted for businesses which would be located in closer proximity to each other than one hundred (100) feet, the application which was accepted first in time shall be processed by the city, with any later submitted applications deemed nonconforming until such time as a determination is made by the city on the initial application.
(Ord. 196 § 5, 2000)
§ 88.0715 Measurement of distance.
For the purposes of this section, the distance between any two sexually-oriented businesses shall be measured in a straight line, without regard to the boundaries of the city and to intervening structures, from the closest point of each business. The distance between any sexually-oriented business and any residential use, religious institution, school, public park or sensitive use shall also be measure in a straight line, without regard to the boundaries of the city and to intervening structures, from the nearest portion of the property line of the lot where such sexually-oriented business is conducted, to the nearest property line of a residential use, religious institution, school, public park or sensitive use.
(Ord. 196 § 5, 2000)
§ 88.0720 Misdemeanor offenses.
In addition to all other offenses specified in this chapter, the Municipal Code and state statutes, a sexually-oriented business shall be subject to the following restrictions:
(a)
Notwithstanding that it is not a criminal offense for a person to operate or cause to be operated a sexually-oriented business to be in violation of the nudity limitation set forth in Article 12 of Chapter 3 of Division 3 of Volume II of the Municipal Code, it shall be unlawful and a misdemeanor to establish, substantially enlarge or operate a sexually-oriented business within the city without first complying with the provisions of this chapter.
(b)
It shall be unlawful and a misdemeanor to operate or cause to be operated a sexually-oriented business outside of the land use district specified in this chapter.
(c)
It shall be unlawful and a misdemeanor to operate or cause to be operated sexually-oriented business in violation of the locational standards set forth in Section 88.0710 of this chapter.
(d)
It shall be unlawful and a misdemeanor to cause or permit the operation, establishment or maintenance of more than one sexually-oriented business within the same building, structure or portion thereof, or to cause the increase of floor area of any sexually-oriented business in any building, structure or portion thereof containing another sexually-oriented business.
(e)
It shall be unlawful and a misdemeanor to cause or permit the operation, establishment or maintenance of a sex supermarket/sex mini-mall as defined herein.
(Ord. 196 § 5, 2000)
§ 88.0725 Violations/Penalties.
Any firm, corporation or person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provision of this chapter shall be guilty of a misdemeanor, and any conviction thereof shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment. Any violation of the provision of this chapter shall constitute a separate offense for each and every day during which such violation is committed or continued.
(Ord. 196 § 5, 2000)
§ 88.0730 Public nuisance.
In addition to the penalties set forth above, any sexually-oriented business which is operating in violation of this chapter or any provision thereof, or Article 12 of Chapter 3 of Division 3 of Volume II of the Municipal Code, or any provision thereof, is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation.
(Ord. 196 § 5, 2000)
§ 88.0735 Amortization and regulation of nonconforming sexually-oriented business uses.
(a)
Any sexually-oriented business which was legally established prior to March 25, 1996, shall be subject to all provisions of this chapter, except as otherwise provided herein.
(b)
Any use of real property existing on March 25, 1996, which does not conform to the provisions this chapter, but which was constructed, operated and maintained in compliance with all previous regulations, shall be regarded as a nonconforming use which may be continued until June 25, 2004, after which time all such nonconforming uses shall be terminated unless an extension of time has been approved by the city manager pursuant to Section 88.0740 of this chapter.
(c)
Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as a sexually-oriented business for a period of one hundred and eighty (180) days shall result in a loss of legal nonconforming status of such use.
(d)
Amortization - annexed property. Any adult oriented business which was a legal use at the time of annexation of the property and which is located in the city, but which does not conform to the provisions of this chapter shall be terminated within one year of the date of annexation, unless an extension of time has been approved by the city manager in accordance with the provisions of Section 88.0740 of this chapter.
(e)
Any nonconforming sexually-oriented business shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.
(f)
If two or more sexually-oriented businesses are within one hundred (100) feet of one another and otherwise in a permissible location, the sexually-oriented business which was first established and has continually operated at the particular location is the conforming use and the later established business(es) is nonconforming.
(g)
Any sexually-oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of a sexually-oriented business permit and/or license, of a school, public park, religious institution, public building likely to be frequented by minors, residential or other sensitive use within one hundred (100) feet of the sexually-oriented business. This provision applies only to the renewal of a valid permit and/or license and does not apply when an application for a permit and/or license is submitted after a permit and/or license has expired or has been revoked.
(Ord. 196 § 5, 2000)
§ 88.0740 Extension of time for termination of nonconforming use.
The owner or operator of a nonconforming use as described in Section 88.0735(b) or (d) may apply under the provisions of this section to the city manager for an extension of time within which to terminate the nonconforming use, as follows:
(a)
Time and manner of application. An application for an extension of time within which to terminate a use made nonconforming by the provisions of this chapter may be filed by the owner of the real property upon which such use operated, or by the operator of the use. Such application must be filed with the city manager at least sixty (60) days but no more than one hundred eighty (180) days prior to the expiration of the time established in Section 88.0735 for termination of such use.
(b)
Content of application; fees. The application shall state the grounds for requesting an extension of time. The filing fee for such application shall be the same as that for a variance as is set forth in the schedule of fees established by resolution from time to time by the city council. An application which fails to state a basis upon which an extension may be granted, as set forth in subsection (d) hereinbelow shall be returned to the applicant, as nonresponsive, together with the application fee less any administrative costs of processing the application.
(c)
Hearing procedure. The city manager shall appoint a hearing officer to hear the application. The hearing officer shall set the matter for hearing within twenty (20) days of receipt of the application. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The decision of the hearing officer shall be final and subject to judicial review pursuant to Code of Civil Procedure Section 1094.6.
(d)
Approval of extension; findings. An extension under the provisions of this section shall be for a reasonable period of time commensurate with the investment involved, and shall be approved only if the hearing officer makes all of the following findings or such other findings as are required by law.
(1)
For uses which are rendered nonconforming by virtue of their proximity to other uses, pursuant to Section 88.0735:
(A)
The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use; and such investment was made prior to March 25, 1996, or prior to the date of annexation; and
(B)
The applicant will be unable to recoup said investment as of the date established for termination of the use; and
(C)
The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with Section 88.0735.
(2)
For uses which comply with the requirements of Section 88.0735, but whose business operations must be modified in order to comply with other provisions of Chapter 7:
(A)
The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted so as to comply with the requirements of Chapter 7 within the time period provided in Section 88.0735; and such investment was made prior to March 25, 1996, or prior to the date of annexation; and
(B)
The applicant will be unable to recoup said investment as of the date established for modification or termination of the use; and
(C)
The applicant has made good faith efforts to recoup the investment and has filed plans with the city which demonstrate the ability and intent to comply with the requirements of Chapter 7 within a reasonable time, but needs additional time within which to make the required modifications. This finding shall be made with respect to each aspect of compliance, and no extension shall be granted for modifications which are required by Chapter 7 and which can be made without additional time.
(Ord. 196 § 5, 2000)
§ 88.0805 Findings.
The City Planner, when approving a Conditional Use Permit for the establishment or expansion of a cemetery, including pet cemeteries, shall find and justify the following to be true, in addition to the findings required in Section 83.030120(d).
(a)
The present or probable population density in the area contiguous to said proposed cemetery or extension of an existing cemetery is not adversely affected by the cemetery development.
(b)
The proposed cemetery or extension of an existing cemetery does not interfere with the free movement of traffic or the movement of police, ambulance, or fire equipment for the protection of the lives and property of the public.
(c)
A Final Map has been required to be submitted to the City Engineer for review and recordation as specified by and subject to Section 83.040201(d).
(d)
The proposed cemetery or expansion complies with the California Health and Safety Code, Division 8.
§ 88.0810 Requirements.
(a)
In addition to any conditions necessary to ensure protection of public health, safety, and general welfare, the City Planner may require adequate screening or fencing of the property reserved for cemetery purposes in order to clarify the ultimate boundaries of said cemetery.
(b)
An approved Conditional Use Permit or revised Conditional Use Permit shall be required for the establishment of cemetery boundaries or the expansion of previously approved boundaries. Such approvals shall identify all proposed structures and major grading activities.
(c)
A Conditional Use Permit shall not be required for normal on-site development of grave sites within previously approved or established cemeteries that have recorded a map in compliance with Section 83.04020(d) of this Code.
§ 88.0901 Intent.
It is the purpose of this chapter to provide development standards for substandard lots which will minimize the impacts to water, sewage treatment, roads, and fire protection resources.
§ 88.0905 Locational standards.
(a)
Small Lot Standards shall apply to lots that are 5,000 square feet or less or that are less than 60 feet in width.
§ 88.0915 Development standards.
All new dwellings and accessory structures on substandard lots shall be subject to the following development standards and special requirements.
(a)
Lot merger requirements. One of the following shall be submitted to the City Planner or Building Official for all substandard lots prior to issuance of any development permit.
(1)
A Notice of Merger of the subject lot with an abutting lot in common contiguous ownership that has been recorded; or
(2)
Record of ownership. To ascertain whether said lots are owned by the same person, documentation shall be submitted showing the record ownership of the subject lot and all lots sharing a common side lot line with the subject lot, on and after the imposition of this ordinance and up to the time of application for building permit.
(b)
Dedication requirement. An offer of dedication or grant of road easement shall be required prior to the issuance of a development permit to provide a minimum 40-foot right-of-way width on all roads or streets or other width as deemed necessary by the General Plan or City Engineer.
(c)
Yard requirements.
(1)
Front yards. The front yard setback may be reduced to no less than 15 feet.
(2)
Interior side yard. Each side of each lot may be reduced to no less than five feet, provided there is at least 10 feet between structures.
(d)
Evidence of water service. A signed letter provided by the water serving entity shall be submitted, certifying that adequate line and storage capacity exists or will exist to serve the proposed dwelling and that arrangements have been made to serve each dwelling with a potable water system at the time of occupancy or final building inspection, if applicable. This requires that the water main shall be in place to serve the subject property or that financial arrangements have been made with the water company for installation of the water main. In the absence of such a water-serving entity, an approved domestic water system under pressure is required to serve each proposed dwelling. This water system must be certified by the City Planner, and a copy of the certification shall be submitted to the Building Official.
(e)
Evidence of sewer service. A signed letter provided by the serving sewer entity shall be submitted, certifying that an adequate collection system and treatment plant capacity exists or will exist to serve the proposed dwelling, and that sewage hookup arrangements have been made to serve each proposed dwelling at the time of occupancy or final building inspection, if applicable. In the absence of such a sewering agency, a letter from the City Planner indicating that an individual sewage system with subsurface disposal is permitted shall be submitted to the Building Official.
(f)
Survey requirements. Evidence shall be submitted to and approved by the City Engineer that each lot has been surveyed and staked in accordance with the provisions of the Land Surveyors Act by a Registered Civil Engineer or Licensed Land Surveyor, or evidence of a past survey shall be submitted to and approved by the City Engineer as being in conformance with the Land Surveyors Act.
§ 88.01001 Purpose and intent.
(a)
The purpose of this section is to establish general guidelines for the siting of wireless telecommunications towers and antennas as follows:
(1)
Protect residential areas and land uses from potential adverse impacts of towers and antennas;
(2)
Encourage the location of towers in non-residential areas;
(3)
Minimize the total number of towers throughout the community;
(4)
Encourage the joint use of new and existing tower sites as a primary option rather than construction of single-use towers;
(5)
Encourage users of towers and antennas to locate them, to the extent possible in areas where the adverse impact on the community is minimal, now and in the future;
(6)
Encourage users of towers and antennas to configure them in a way that minimizes the adverse the visual impact of the towers and antennas through careful design siting, landscape screening, and innovative camouflaging techniques;
(7)
Enhance the ability of providers of wireless telecommunications services to provide such services to the community quickly, effectively and efficiently;
(8)
Consider the public health and safety of wireless telecommunication towers;
(9)
Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures;
(10)
Retain local responsibility for and control over the use of the public right of way to protect citizens and enhance the quality of their lives;
(11)
Create and preserve telecommunication facilities that will serve as an important and effective part of the city’s emergency response network;
(12)
Promote fair and effective wireless telecommunication services and ensure that a broad range of competitive telecommunications services with high quality telecommunications infrastructure are available to serve the community.
(Ord. 204 § 4, 2001)
§ 88.01005 Applicability.
(a)
New towers and antennas. All new towers or antennas shall be subject to these regulations, except as provided in subsections (b) through (e) herein, inclusive.
(b)
Amateur radio station operators/receive only antennas. This section shall not govern any tower, or the installation of any antenna, that is under seventy feet (70') in height and is owned and operated by a federally-licensed amateur radio station operator, or is used exclusively for receive only antennas.
(c)
Pre-existing towers or antennas. Pre-existing towers and pre-existing antennas shall not be required to meet the requirements of this section, other the requirements of Sections 88.01010(b) and (c).
(d)
AM array. For purposes of implementing this section, an AM array consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers including in the AM array. Additional tower units may be added within the perimeter of the AM array by right.
(e)
Small wireless facilities. Notwithstanding any other provision of the Municipal Code to the contrary, all small wireless facilities as defined by the FCC in 47 C.F.R. § 1.60002(l), as may be amended or superseded, shall be subject only to, and must comply with, the “Citywide Policy Regarding Permitting Requirements and Development Standards for Small Wireless Facilities” adopted by City Council resolution. No person shall construct, install, attach, operate, collocate, modify, reconstruct, relocate, remove, or otherwise deploy any small wireless facility in violation of such policy.
(Ord. 204 § 4, 2001; Ord. 388 § 3, 2020)
§ 88.01010 General requirements.
(a)
Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the community development director an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the city or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The community development director may share such information with other applicants applying for administrative approvals or conditional use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the city, provided, however, that the community development director is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(b)
State or federal requirements. All towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by the this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner’s expense.
(c)
Building codes and safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards and constitute a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner’s expense.
(d)
Measurement. For the purposes of this section, all distances shall be measured in a straight line without regard to intervening structures, from the nearest point of the proposed major wireless telecommunication facility to the nearest point of another major wireless telecommunication facility. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the city irrespective of municipal and county jurisdictional boundaries.
(e)
Not essential services. Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities.
(f)
Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the city have been obtained and shall file a copy of all required franchises with the community development director.
(g)
Public notice. For purposes of this section, any permitted use, conditional use, permit request, variance request, or appeal of an administratively approved use special use or shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in Section 83.010330(a)(6), in addition to any notice otherwise required by state law or the Municipal Code.
(h)
Multiple antenna/tower plan. The city encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for multiple sites shall be given priority in the review process, in compliance with the Permit Streamlining Act.
(Ord. 204 § 4, 2001)
§ 88.01015 Permitted uses.
(a)
General. The uses listed in this section are deemed permitted uses and shall not require administrative approval or a conditional use permit.
(1)
Permitted uses. The following uses are specifically permitted:
(A)
Antennas or towers located on property owned, leased or otherwise controlled by the city, provided a license or lease authorizing such antenna or tower has been approved by the city.
(b)
Notice. Notification shall be provided to all property owners within three hundred (300) feet.
(Ord. 204 § 4, 2001)
§ 88.01020 General screening and site selection guidelines.
(a)
Stealth facilities and concealed antennas are preferred.
(b)
Wireless telecommunication facilities shall be located where the existing topography, vegetation, building or other structures provide the greatest amount of screening. Where insufficient screening exists, applicants shall provide screening satisfactory to the community development director, or as otherwise required.
(c)
Ground-mounted wireless telecommunication facilities shall be located only in close proximity to existing above-ground utilities, such as permanent electrical towers, light poles, trees of comparable heights, and in areas where they will not detract from the appearance of the city.
(d)
Wireless telecommunication facilities shall be located in the following order of preference:
(1)
Co-located with other major wireless telecommunication facilities;
(2)
On existing structures such as buildings, communication towers, or utility facilities not subject to the city’s under grounding ordinance;
(3)
On existing signal, power, light or similar kinds of permanent poles;
(4)
In industrial land use districts;
(5)
In commercial land use districts;
(6)
In residential land use districts (minor wireless telecommunication facilities only).
(Ord. 204 § 4, 2001)
§ 88.01025 General development requirements.
(a)
Applicants for wireless telecommunication facilities shall be required to provide written documentation demonstrating good faith efforts to satisfy the site selection guidelines set forth in Section 88.01020 herein.
(b)
Applicants for wireless telecommunication facilities shall be required to provide written documentation of the proposed site and alternative site analysis and facility design. The analysis shall identify all reasonable, technically feasible site locations which could provide the proposed telecommunication service. The analysis shall address the potential for co-location at an existing or, at the proposed site. It shall explain the rationale for selection of the proposed site in view of the relative merits of the alternative sites.
(c)
Applicants for wireless telecommunication facilities may be required to provide a visual analysis with cross sections of the proposed site as determined by the community development director.
(d)
Wireless telecommunication facilities shall not bear any signs or advertising devices other than certification, warning, or other required seals or legally required signage.
(e)
Accessory equipment associated with the operation of the wireless telecommunication facility shall be located within a building, enclosure, or underground vault that complies with the development requirements of the land use district in which the accessory equipment is located, subject to city approval. If the equipment is permitted to be located above ground, it shall be visually compatible with the surrounding buildings and include sufficient landscaping to screen the structure from view.
(f)
Wireless telecommunication facilities shall, to the extent possible, use non-reflective materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.
(g)
If an antenna is located on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be compatible with the existing architecture and of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(h)
Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding view.
(i)
Monopoles and antennas shall be no greater in diameter or cross-sectional dimensions than is necessary for proper function of the wireless communication facility. The applicant shall provide documentation satisfactory to the community development director establishing compliance with this subsection.
(Ord. 204 § 4, 2001)
§ 88.01030 Minor wireless telecommunication facilities; administrative approval allowed.
(a)
Minor wireless telecommunication facilities shall be subject to approval by the community development director pursuant to Section 83.030305 (Land Use Compliance Review) of Volume II of the Municipal Code.
(b)
Each applicant for administrative review and approval shall apply to the community development director, providing the information set forth in Section 88.0 1025 and a nonrefundable fee as established by resolution of the city council to reimburse the city for the costs of reviewing the application.
(c)
Considering applications for minor wireless telecommunication facilities, the community development director shall be guided by both the provisions of Section 88.030305 (Procedures) of Volume II of the Municipal Code and this section. However, in the event of any inconsistency in said standards, the provisions of this section shall govern.
(d)
The community development director shall respond to each such application within sixty (60) days after accepting the application as complete, by either approving or denying the application.
(e)
In connection with any such administrative approval, the community development director may, in order to encourage shared use, administratively waive any land use district setback requirements in Section 88.01040(b)(4) or separating distances in Section 88 .01040(b)(5) up to fifty percent (50%).
(f)
In connection with any such administrative approval, the community development director may, in order to encourage the use of monopoles, administratively allow the reconstruction of an exiting tower to monopole construction.
(g)
If an administrative approval is denied, the applicant may file an appeal application under Article 6 of Chapter 1 of Division 3 of this Code.
(Ord. 204 § 4, 2001)
§ 88.01035 List of minor wireless telecommunications facilities subject to administrative procedure.
(a)
The following are considered minor wireless telecommunications facilities subject to the administrative approval set forth in Section 88.01030 herein.
(1)
A facility in any General Commercial (CG), Service Commercial (CS), or Community Industrial (IC) district that is stealth in design and does not exceed the height limit of the land use district in which it is located.
(2)
A building-façade or wall-mounted facility, which does not exceed the height of the parapet wall or roofline of the building.
(3)
A roof-mounted facility, which is screened by solid material on all four sides and does not exceed the maximum height of the land use district in which it is located.
(4)
Locating antennas on existing structures or towers consistent with the terms of subsections (A) and (B) below.
(A)
Antennas on existing structures. Any antenna which is not attached to a tower may be approved by the community development director as an accessory use to any commercial, industrial, office professional, institutional, or multi-family structure of eight or more dwelling units, provided:
(i)
The antenna does not exceed more than ten feet (10') above the highest point of the structure;
(ii)
The antenna complies with all FAA and FCC regulations; and
(iii)
The antenna complies with all applicable building codes.
(B)
Antennas on existing towers. An antenna which is attached to an existing tower may be approved by the community development director and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, co-location of antennas by more than one carrier on existing towers shall take the precedence over the construction of new towers, provided such co-location is accomplished in a manner consistent with the following:
(i)
A tower which is modified to accommodate an additional antenna shall be the same tower type as the existing tower, unless the community development director allows reconstruction as a monopole.
(ii)
Height.
(a)
An existing tower may be modified or rebuilt to a taller height, not to exceed thirty feet (30') over the tower’s existing height to accommodate the co-location of an additional antenna.
(b)
The height change referred to in subsection (ii)(a) shall not require an additional distance separation as set forth in Section 88.01040(b)(5). The tower’s pre-modification height shall be used to calculate such distance separations.
(iii)
Onsite locations.
(a)
A tower which is being rebuilt to accommodate the co-location of an additional antenna may be moved onsite within fifty feet (50') of its existing location.
(b)
After the tower is rebuilt to accommodate colocation, only one tower may remain on the site.
(c)
A relocated onsite tower shall continue to be measured from the original tower location for purposes of calculating separation distances between pursuant to Section 88. 1040(b)(5). The relocation of a tower hereunder shall in no way be deemed to cause a violation of . Section 88.01040(b)(5).
(d)
The onsite relocation of tower which comes within the separation distances of residential units or residentially zoned land as established in Section 88.01040(b)(5) shall only be permitted when approved by the community development director.
(5)
Installing a cable micro-cell network through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.
(Ord. 204 § 4, 2001)
§ 88.01040 Major wireless telecommunication facilities; conditional use permit required.
(a)
General. The following provisions shall govern the issuance of conditional use permits for towers or antennas by the planning commission:
(1)
Applications for conditional use permits under this section shall be subject to the procedures and requirements of Article 1 of Chapter 3 of Division 3 of Volume II of the Municipal Code.
(2)
In considering applications for major wireless communications facilities, the planning commission shall be guided by the provisions of Article 1 of Chapter 3 of Division 3 of Volume II of the Municipal Code and this section. However, in the event of any inconsistency in said standards, the provisions of this section shall govern.
(3)
The decision of the planning commission shall be final unless appealed in writing within ten calendar days pursuant to Article 6 of Chapter 1 of Division 3 of Volume II of this code.
(4)
If the tower or antenna is not a permitted use under Section 88.01015 or permitted to be approved administratively pursuant to Section 88.01035 of this code, then a conditional use permit shall be required for the construction of a tower or the placement of an antenna in all land use districts. As a condition of issuance of a conditional use permit for a facility utilizing the public right of way, an applicant may be required to enter into a franchise agreement with the city.
(5)
In granting a conditional use permit, the planning commission may impose conditions to the extent the planning commission concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
(6)
Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.
(7)
An applicant for a conditional use permit shall submit the information described in this section and a non-refundable fee as established by resolution of the city council to reimburse the city for the costs of reviewing the application.
(b)
Towers.
(1)
Information required. In addition to any information required for applications for conditional use permits pursuant to Article 1 of Chapter 3 of Division 3 of Volume II of this code, applicants for a conditional use permit for a tower shall submit the following information:
(A)
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), general plan classification of the site and all properties within the applicable separation distances set forth in Section 88.01040(b)(5), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the community development director to be necessary to assess compliance with this section.
(B)
Legal description of the parent tract and leased parcel (if applicable).
(C)
The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.
(D)
The separation distance from other towers described in the inventory of existing sites submitted pursuant to Section 88.01010(a) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
(E)
A landscape plan showing specific landscape materials.
(F)
Method of fencing, and finished color, and, if applicable, the method of camouflage and illumination.
(G)
A description of compliance with Sections 88.01010(a), (b), (c), (d), and (f), and 88.01025(d), (e), (f), (g), (h) and (i), and 88.01040(b)(4) and 88.01040(b)(5).
(H)
A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
(I)
Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the city.
(J)
A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.
(K)
A description of the feasible location(s) of future towers or antennas within the city based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
(2)
Factors considered in granting conditional use permits for towers. In addition to any standards for consideration of conditional use permit applications pursuant to Article 1 of Chapter 3 of Division 3 of Volume II of this code, the planning commission shall consider the following factors in determining whether to issue a conditional use permit, although the planning commission may waive or reduce the burden on the applicant of one or more of these criteria if the planning commission concludes that the goals of this section are better served thereby:
(A)
Height of the proposed tower;
(B)
Proximity of the tower to residential structures and residential district boundaries;
(C)
Nature of uses on adjacent and nearby properties;
(D)
Surrounding topography;
(E)
Surrounding tree coverage and foliage;
(F)
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
(G)
Proposed ingress and egress; and
(H)
Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in Section 88.01040(b)(3) of this section.
(3)
Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the planning commission that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant’s proposed antenna. An applicant shall submit information required by this section and/or requested by the planning commission related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alterative technology can accommodate the applicant’s proposed antenna may consist of any of the following:
(A)
No existing towers or structures are located within the geographic area which meet applicant’s engineering requirements.
(B)
Existing towers or structures are not of sufficient height to meet applicant’s engineering requirements.
(C)
Existing towers or structures do not have sufficient structural strength to support applicant’s proposed antenna and related equipment.
(D)
The applicant’s proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant’s proposed antenna.
(E)
The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
(F)
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(G)
The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable micro-cell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
(4)
Setback requirements. The following setback requirements shall apply to all towers for which a conditional use permit is required; provided, however, that the planning commission may reduce the standard setback requirements if the goals of this section would be better served thereby.
(A)
Towers must be set back a distance equal to at least one-hundred percent (100%) of the height of the tower from any adjoining lot line.
(B)
Guys and accessory buildings must satisfy the minimum land use district setback requirements.
(5)
Separation requirements. The following separation requirements shall apply to all towers and antennas for which a conditional use permit is required; provided, however, that the planning commission may reduce the standard separation requirements if the goals of this section would be better served thereby.
(A)
No tower shall be sited closer than one thousand (1,000) feet from an existing, or otherwise approved facility, unless the new facility is a co-located facility, in which case the minimum separation shall be seven hundred and fifty (750) feet. However, where the co-located facility is less than seventy-five (75) feet in height, the minimum separation shall be five hundred (500) feet.
(B)
Separation distances between towers shall be .applicable for and measured between the proposed tower and pre-existing towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower.
(6)
Height. The planning commission may consider approval of towers proposed to exceed the maximum height limit of the underlying land use district as part of its review of a conditional use permit application. In approving the height of a tower, the planning commission shall give consideration to the potential for co-location and whether the requirements of the applicant as demonstrated in the site analysis indicate a need for an increased height.
(7)
Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the planning commission may waive such requirements, as it deems appropriate.
(8)
Landscaping. The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required; provided, however, that the planning commission may waive such requirements if the goals of this section would be better served thereby.
(A)
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.
(B)
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.
(C)
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large wooded lots, natural growth around the property perimeter may be sufficient buffer.
(9)
Performance standards. No wireless telecommunication facility shall interfere with the public safety radio communications system, including, but not limited to, the eight hundred (800) MHz trunking system. If such facility is found to interfere with the pubic safety radio system, it shall immediately cease operations until such time as the interference is resolved to the satisfaction of the city.
(10)
Temporary facilities in connection with permanent, approved facilities. A temporary wireless communication facility may be deployed subject to approval by the community development director and if it meets the following:
(A)
A permanent wireless communication facility has been approved for the property in question.
(B)
The temporary facility was approved as part of the conditional use permit or minor development review.
(C)
The facility is deployed for no more than six months, provided that no more than two, ninety (90) day extensions may be granted by the community development director, with the total duration for the facility not to exceed one year.
(Ord. 204 § 4, 2001)
§ 88.01045 Buildings or other equipment storage.
(a)
Antennas mounted on structures or rooftops.
(1)
The cabinet or structure shall not contain more than three hundred and fifty (350) square feet of gross floor area or be more than eleven feet (11') in height.
(2)
If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than ten percent of the roof area. As with all roof-mounted equipment, this equipment must be screened from view of any public right of way.
(3)
Equipment storage buildings or cabinets shall comply with all applicable city building codes, regulations and land use standards.
(b)
Antennas mounted on utility poles or light poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:
(1)
In residential districts, the equipment cabinet may be located:
(A)
In a front or side yard, provided the cabinet or structure is no greater than three feet in height and nine square feet in gross floor area, and the cabinet/structure is located a minimum of twenty-five (25) feet from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least forty-eight (48) inches and a planted height of at least thirty-six (36) inches.
(B)
In a rear yard, provided the cabinet or structure is no greater than six feet in height and thirty-five (35) square feet in gross floor area.
(2)
In commercial or industrial districts the equipment cabinet or structure shall be no greater than eight feet in height and one hundred (100) square feet in gross floor area. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of six feet and a planted height of at least thirty-six (36) inches.
(c)
Antennas located on towers. The related unmanned equipment structure shall not contain more than three-hundred and fifty (350) square feet of gross floor area or be more than eleven feet (11') in height, and shall be located in accordance with the minimum yard requirements of the land use district in which it is located. The unmanned equipment structure or cabinet shall be screened by an evergreen hedge with an ultimate height of six feet and a planted height of at least thirty-six (36) inches.
(d)
Modification of building size requirements. The requirements of Sections 88.01045(a) through (c) may be modified by the community development director in the case of administratively approved uses or by the planning commission in the case of uses permitted by conditional use permit, to encourage collocation.
(Ord. 204 § 4, 2001)
§ 88.01050 Removal of abandoned antennas and towers.
(a)
Any antenna or tower that is not operated for a period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within ninety (90) days of receipt of written notice from the community development director notifying the owner of such abandonment. If the owner does not remove the equipment or does not request a hearing before the planning commission on the issue of whether the equipment is abandoned and subject to removal, the city may remove the equipment and store it in a secure location. The owner shall have thirty (30) days from the date the city provides the owner with written notice of removal of the equipment and notification of the current location of equipment, to reclaim the equipment. If the equipment is not reclaimed in accordance with this section, the city may dispose of the equipment in accordance with the city’s existing policy for disposal of abandoned or lost property.
(b)
Upon written request for a hearing made pursuant to subsection (a), the community development director shall schedule a hearing on the matter to be conducted before the planning commission at which time the owner may present any relevant evidence on the issue of abandonment. The planning commission may affirm, reverse or modify with or without conditions the original determination of abandonment and shall make written findings in support of its decision. The decision of the planning commission shall be final.
(c)
Failure to remove an abandoned antenna or tower within thirty (30) days of the final determination of abandonment shall be grounds to remove the tower or antenna at the owner’s expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
(Ord. 204 § 4, 2001)
§ 88.01055 Nonconforming uses.
(a)
No expansion of nonconforming uses. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.
(b)
Pre-existing towers. Installed towers preexisting the effective date of this section shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this section.
(c)
Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding Section 88.01050, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a conditional use permit and without having to meet the separation requirements specified in Sections 88.01040(b)(4) and (5). The type, height, and location of the tower onsite shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within one hundred and eighty (180) days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Section 88.01050 herein.
(Ord. 204 § 4, 2001)
§ 88.01101 Standards for emergency shelters.
In accordance with the authority granted in Section 65583(a)(4) of the Government Code, all emergency shelters shall comply with the following development and management standards:
(a)
Lighting. Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity that is compatible with the neighborhood.
(b)
Security. Parking and outdoor facilities shall be designed to provide security for residents, visitors and employees. On-site supervisory personnel shall be provided at all times during the hours the shelter is in operation.
(c)
Parking. The shelter shall have not less than one parking space for each 250 square feet of gross floor area, unless it is demonstrated by credible evidence that a different parking ratio is appropriate based on the shelter’s demonstrated need.
(d)
Client intake. The waiting and client intake areas shall be at least 500 square feet in total floor area.
(e)
Shelter provider. The agency or organization that is operating the shelter shall comply with the following requirements:
(1)
Temporary shelter shall be available to residents for no more than 180 consecutive days.
(2)
Staff and services shall be provided to assist residents to obtain permanent shelter and income.
(3)
The provider shall prepare and file a management plan with the City that includes clear operational rules and standards, including, but not limited to, standards governing expulsions and lights out, security, screening of residents to ensure compatibility with services provided at the shelter, and opportunities for training, counseling, and treatment programs for residents.
(4)
The shelter may not be located within 300 feet of another emergency shelter.
(f)
Refuse collection areas. Refuse shall be stored in a trash collection area in conformance with the requirements for multiple residential housing, as described in Section 88.0215(b).
(Ord. 296 § 7, 2010)
§ 88.01105 Review procedures for emergency shelters.
To accommodate the city’s emergency housing need as required by Section 65583(a)(4) of the California Government Code, emergency shelters shall be allowed by right in the Service Commercial (CS) District subject to the provisions of Section 88.01101 of this Code. For the purposes of this chapter, “emergency shelter” shall have the meaning set forth in Section 812.05011 of this Code. The City shall not require a Conditional Use Permit or other discretionary permit for the construction of an emergency shelter.
(Ord. 296 § 7, 2010)
§ 88.01110 Denial of an emergency shelter.
The City may not disapprove an emergency shelter, or condition the approval of an emergency shelter in a manner that makes its development infeasible, unless it makes written findings, based upon substantial evidence in the record, as to one of the following:
(a)
The City has met or exceeded the need for emergency shelters as identified in the housing element.
(b)
The emergency shelter would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development of the emergency shelter financially infeasible. As used in this subsection, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the Zoning Ordinance or General Plan land use designation shall not constitute a specific, adverse impact upon the public health or safety.
(c)
The denial of the project or imposition of conditions is required in order to comply with specific State or Federal law, and there is no feasible method to comply without rendering the development of the emergency shelter financially infeasible.
(d)
The emergency shelter is proposed on land zoned for agriculture or resource preservation that is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water or wastewater facilities to serve the project.
(e)
The emergency shelter is inconsistent with both the City’s zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete, and the City has adopted a revised housing element in accordance with Government Code Section 65588 that is in substantial compliance with State law.
(Ord. 296 § 7, 2010)
§ 88.01201 Intent.
The provisions of this chapter are intended to provide opportunities for the development of permanent, affordable housing for small households and for people with special needs in proximity to services, and to establish standards for these small units.
(Ord. 296 § 8, 2010)
§ 88.01205 Location.
A single room occupancy facility may only be proposed and approved in the Service Commercial (CS) Land Use District.
(Ord. 296 § 8, 2010)
§ 88.01210 Project review and approval.
A proposed single room occupancy facility shall require the review and approval of a Conditional Use Permit in compliance with Section 83.030120 of this Code.
(Ord. 296 § 8, 2010)
§ 88.01215 Development standards.
(a)
Single room occupancy facilities.
(1)
Density. A single room occupancy facility is not required to meet density standards of the General Plan.
(2)
Common area. Four square feet of common space per unit shall be provided, with at least 200 square feet in area of interior common space, excluding janitorial storage, laundry facilities and common hallways.
(3)
Laundry facilities. Laundry facilities must be provided in a separate room at the ratio of one washer and dryer for every 20 units or fractional number thereof.
(4)
Cleaning supply room. A cleaning supply room or utility closet with a wash-tub with hot and cold running water shall be provided on each floor of the facility.
(5)
Mail receptacles. A locking mail receptacle for each residential unit shall be provided, consistent with the applicable standards for apartment housing mail receptacles in the United States Postal Service Domestic Mail Manual.
(6)
Refuse collection areas. Refuse shall be stored in a trash collection area in conformance with the requirements for multiple residential housing, as described in Section 88.0215(b).
(b)
Single room occupancy units.
(1)
Unit size. A single room occupancy unit shall have a minimum size of 150 square feet and a maximum size of 400 square feet.
(2)
Occupancy. A single room occupancy unit shall accommodate a maximum of two persons.
(3)
Bathroom. A single room occupancy unit is not required to, but it may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink and bathtub, shower or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one full bathroom per floor.
(4)
Kitchen. A single room occupancy unit is not required to, but it may contain partial or full kitchen facilities. A full kitchen includes a sink, a refrigerator and a stove, range top or oven. A partial kitchen is missing at least one of these appliances. If a full kitchen is not provided, common kitchen facilities shall be provided with at least one full kitchen per floor.
(5)
Closet. Each single room occupancy unit shall have a separate closet.
(6)
Code compliance. Single room occupancy units shall comply with all requirements of the California Building Code.
(7)
Accessibility. All single room occupancy units shall comply with all applicable accessibility and adaptability requirements. All common areas shall be fully accessible.
(8)
Management. A single room occupancy facility with 10 or more units shall provide on-site management. A single room occupancy facility with less than ten (10) units shall provide a management office on-site. A management plan shall be submitted with the development application for a single room occupancy facility and shall be approved by the City. The management plan must address management and operation of the facility, rental procedures, the safety and security of residents, and building maintenance.
(9)
Parking. Off street parking shall be provided consistent with Section 87.0630(d) of this Code. Secure bicycle parking shall also be provided.
(10)
Tenancy. Tenancy of single room occupancy units shall be no less than 30 days.
(11)
Existing structures. An existing structure may be converted to a single room occupancy facility, consistent with the provisions of this chapter.
(Ord. 296 § 8, 2010)
§ 88.01301 General provisions.
(a)
Intent. The High Density Multiple Residential (RM-24) District is intended to facilitate the implementation of General Plan policies that allow for the development of high quality multiple-family housing that also may be affordable to lower income households. The RM-24 district provides alternate review procedures and development standards to the existing multiple residential requirements and standards that are specified by this Code. When the High Density Multiple Residential (RM-24) District is established on any property, including within the Freeway Corridor Specific Plan, the review procedures and development standards used for that site shall be those set forth in this chapter.
(b)
Location requirements. The High Density Multiple Residential (RM-24) District shall be located as specified by the Yucaipa General Plan. The district shall encompass a minimum area of five gross acres.
(c)
Project review requirements. Dwelling units constructed in the High Density Multiple Residential (RM-24) District shall be permitted by right, pursuant to the administrative review procedures contained in Development Code Section 83.030305 (Land Use Compliance Review).
(Ord. 298 § 6, 2010)
§ 88.01305 Parking requirements.
(a)
Each studio/efficiency dwelling unit shall be provided with one and one-half parking spaces within a fully enclosed garage or within a covered carport. Each one or two bedroom dwelling unit shall be provided with two parking spaces within a fully enclosed garage or within a covered carport. Each dwelling unit with three or more bedrooms shall be provided with two and one-half parking spaces within a fully enclosed garage or within a covered carport. A minimum of fifty (50) percent of the total number of required fully enclosed or covered parking spaces shall be provided within fully enclosed garages. An attempt shall be made to locate the carport/garage adjacent to the unit being served. If it is not located adjacent to the unit being served, the carport/garage shall be located within one hundred fifty (150) feet of the dwelling unit that it is designed to serve. All parking spaces shall maintain a minimum inside dimension of ten (10) feet in width by twenty (20) feet in length.
(b)
One open parking space for each two dwelling units shall be provided for guest parking. Such parking shall be distributed throughout the development site.
(c)
Required parking spaces shall be side by side, and tandem parking shall not be counted toward the minimum parking requirements.
(d)
Unless otherwise approved by the granting of a major variance, on-street parking shall not be used to satisfy any of the parking requirements.
(Ord. 298 § 6, 2010)
§ 88.01310 Dwelling size and amenities.
(a)
Studio/efficiency units shall be a minimum of five hundred fifty (550) square feet; one bedroom units shall be a minimum of six hundred fifty (650) square feet; two bedroom units shall be a minimum of eight hundred (800) square feet; three or more bedroom units shall be a minimum of nine hundred (900) square feet. To assure that smaller units are not overly concentrated in one project, no more than ten (10) percent of the total number of units shall be studio/efficiency units, and no more than thirty-five (35) percent of the total number of units shall be one bedroom units.
(b)
In no case may any building or structure exceed three stories.
(c)
All bedrooms in any unit shall have a minimum area of one hundred (100) square feet, including any closet space. Projects with plans showing a bonus room, den or other similar nomenclature shall be treated as if an additional bedroom were being proposed, if said room has direct access to a bathroom and/or contains closet space.
(d)
A laundry facility including washer and dryer hook-ups shall be provided within each residential unit or in an attached garage. An automatic garbage disposal shall be provided in each dwelling unit.
(e)
Each dwelling unit shall have a minimum of private open space of one hundred fifty (150) square feet, in the form of patio or private yard, with a minimum dimension of ten (10) feet. For units above the ground unit, one or two balconies with a combined area of one hundred (100) square feet shall be provided.
(f)
At least three items from the following list of amenities shall be provided to each unit, but only one of the items marked by an asterisk can be counted towards the three items that are provided:
(1)
Fireplace;
(2)
Bay or kitchen greenhouse windows;
(3)
Skylights;
(4)
Oversized closets;
(5)
Refrigerator;*
(6)
Automatic dishwasher;*
(7)
Washer/dryer units;*
(8)
Entry courtyard or arbor;
(9)
Decorative doors;
(10)
Enclosed garage, when not required;
(11)
Air conditioner;*
(12)
Security alarm system;
(13)
Automatic garage door opener;
(14)
Other comparable features.
(g)
Each door providing ingress and egress to any dwelling unit subject to this section shall be equipped with the following devices:
(1)
A peephole allowing a person inside the unit to see, at a wide angle, persons outside of the unit at the door, without the person inside being seen. The Planning Commission may consider other options to a peephole that provide like security features.
(2)
A deadbolt lock attached to the construction studding. Attachment to the doorjamb or trim shall not be sufficient to comply with the terms of this requirement.
(h)
Each unit shall be provided with a minimum of one hundred twenty-five (125) cubic feet of exterior lockable storage space. The storage space shall be located outside of the dwelling at grade or floor level and easily accessible by the residents. The design of the exterior storage space shall be architecturally integrated and/or compatible to the dwellings. The individual storage space units can be located within the fully enclosed garages designated for that dwelling unit.
(Ord. 298 § 6, 2010)
§ 88.01315 Site amenities.
(a)
Projects shall provide an entry statement, consisting of at least two of the following features:
(1)
Hardscape structure (trellis, decorative garden wall, decorative gate, etc.);
(2)
Specimen landscaping (large, distinctive vegetation) or mature trees;
(3)
Textured or stamped concrete;
(4)
Monument signage with accompanying landscaping.
(b)
Trash collection areas shall be provided within two hundred (200) feet of the farthermost unit they are to serve, and shall be situated so as to eliminate noise and visual intrusion on adjacent property as well as to eliminate fire hazards to adjacent structures. Trash enclosures shall be of masonry construction, with solid steel gates, and easily accessible to all residents and trash collection vehicles.
(c)
Each project shall provide outdoor open space for recreation and leisure activities within the development site in the following manner:
(1)
Outdoor open space shall comprise not less than forty (40) percent of the net acreage. Public driveways, parking spaces, or other areas designated for operational functions are not considered open space. Open space may include game courts or rooms, saunas, tennis courts, putting greens, play lots, outdoor cooking areas, lawn bowling, and front and rear and side yard setbacks, if landscaped and greater than the minimums required. Private patios and/or yards attached to individual units may be computed as required open space.
(2)
Swimming pools, with related deck areas, wading pools, fish ponds, volleyball courts, tennis courts, barbecue areas, game rooms, or other recreational facilities provided for the common use of all the residents may be constructed within the required outdoor living space; provided, however, that such facilities shall not occupy more than fifty (50) percent of the required outdoor living space.
(3)
Projects consisting of one hundred (100) to two hundred (200) units shall provide at least five of the following recreational amenities:
(A)
Large open lawn area; one of the dimensions shall be a minimum of one hundred (100) feet.
(B)
Multiple enclosed tot lots with multiple play equipment. The tot lots shall be conveniently located throughout the site.
(C)
Pool and spa.
(D)
Barbeque facility equipped with multiple grills, picnic benches, etc. If more than one facility is provided, the barbeque facilities shall be conveniently located throughout the site.
(E)
Community multi-purpose room(s) equipped with kitchen, and defined areas for games, exercises, etc.
(F)
Sport court facilities (e.g., tennis, volleyball, basketball, etc.).
(G)
Jogging/walking trails with exercise stations.
(4)
For each one hundred (100) units above the first two hundred (200) units, an additional recreational amenity described in Section 88.01315(c)(3) shall be provided.
(Ord. 298 § 6, 2010)
§ 88.01320 Architectural requirements.
(a)
Energy conservation.
(1)
Each project shall fully comply with the requirements of the California Green Building Code.
(2)
All appliances and fixtures shall be energy conserving (e.g., energy star rated, reduced flow showerheads, water conserving toilets, etc.).
(b)
Architectural plans will be subject to review by the City Planner. In general, it is anticipated that the following standards will be applied:
(1)
Building massing. Buildings should be interesting and should display an integrity of design and style. Flat, unarticulated building faces are strongly discouraged. Simple, stucco-box structures with standard simple roofs and tack on highlights shall be avoided. Building shapes and wall massing should be varied. Wall relief should be provided by introducing variables into the building equation. Rectangular box shapes shall be avoided in favor of second floor tiering and increasing the number of major building faces.
(2)
Unit entry areas. Entry areas shall be utilized to articulate building faces and provide a recognizable, perhaps more formal entry way to units. Entry areas should be located on different faces of the building to avoid a “motel-look.” Stairways and entries should be recessed, covered, or treated in such a fashion as to increase the sense of arrival and provide shelter from natural elements.
(3)
Roof and roof lines. Wood-shake roof materials are prohibited in new multi-family development due to fire hazards. Roofing materials shall consist of tile, metal, slate, or the imitation thereof, but not including composition shingles. Roof-lines should be varied and interesting. Long, continuous expanses of simple roofs shall be avoided. Hips and gables should be provided when consistent with other architectural elements. Rooftop equipment shall be screened from street view.
(4)
Scale. Buildings should be in scale for the area in which they are proposed, and should be compatible with surrounding properties. Views of existing residences shall be protected wherever possible.
(5)
Perimeter walls, fencing or other screening will be required where appropriate. In general, backyards and parking areas shall be screened from street view.
(Ord. 298 § 6, 2010)
§ 88.01325 Landscape requirements.
(a)
Landscape plans will be subject to review by the City. In general, it is anticipated that the following standards will be applied wherever possible:
(1)
All setback areas shall include landscape and irrigation installations.
(2)
All parking lots shall be provided with pockets for trees and shrubs. Landscape plans should be designed to provide reasonable shade for the parking lot areas.
(3)
Buildings should be provided with proper landscape screening. Landscape cutouts and pockets shall generally be provided along building walls, at building corners, or other highly visible locations around buildings.
(4)
All plant and tree material shall be verifiably appropriate for use in the Yucaipa area. Consideration should be given to resistance to drought, water requirements, adaptability to wind (if appropriate), longevity, and ease of maintenance. A specific attempt shall be made to utilize plant palettes and design plans which serve to promote energy and water conservation.
(5)
Invasive species (cottonwood or ash for example) should be installed away from hardscape improvements, or provided with root barriers, or avoided.
(6)
Irrigation systems should generally avoid spray methods in favor of bubbler or drip systems. All lines shall be placed underground.
(7)
On-site native vegetation should be incorporated into site or landscape plans wherever feasible. Special effort should be made to preserve and incorporate existing trees into design schemes. Mature trees removed from a site shall be replaced two to one with minimum twenty-four (24) inch box trees, unless prohibited by site dimensions. Where feasible, natural vegetation should be allowed to re-establish itself.
(8)
Parking lots shall be screened from street view wherever possible.
(9)
Sidewalks are required in conjunction with all new multi-family residential development. Builders/developers shall extend landscaping beyond the property to the sidewalk or curb line.
(10)
Building faces shall be softened by tree installation.
(11)
Buffer areas between potentially conflicting uses shall be well planted with large shrubs and fast growing evergreen trees.
(12)
The total number of trees to be planted for each project shall equal at least fifty (50) per gross acre of land. Ten (10) percent shall be forty-eight (48) inch boxed trees; ten (10) percent shall be thirty-six (36) inch boxed trees; ten (10) percent shall be twenty-four (24) inch boxed trees; and seventy (70) percent shall be fifteen (15) gallon trees. The boxed trees shall be concentrated at the exterior streetscapes and entry nodes.
(Ord. 298 § 6, 2010)
§ 88.01330 Building separations.
The following separations shall apply to any lot containing two or more dwelling units which are in separate detached structures. The separations shall be between opposite exterior walls. Walls shall be considered opposite if a perpendicular line drawn in a horizontal plane from one structure intersects another structure’s wall. The front side of a unit is the one containing the primary entrance to the dwelling unit.
Building Orientation | Separation |
|---|---|
Side-to-Side | 20 feet |
Rear-to-Rear or Front-to-Side | 25 feet |
Front-to-Rear | 30 feet |
Front-to-Front or Interior Court Space | 35 feet |
Interior Court Space with Parking Access | 40 feet |
All Others | 30 feet |
(Ord. 298 § 6, 2010)
§ 88.01335 General Development Policies.
The General Development Policies set forth in this Section 88.01335 are intended to address the most critical issues associated with high-density residential development. These include assuring neighborhood compatibility, compliance with adopted plans, adequacy of public facilities and services, and protection of the environment and public health. Each project must satisfy all applicable General Development Policies before approval can be granted.
(a)
Plans and policies.
(1)
The project is consistent with the General Plan, Development Code, and any applicable Specific Plans.
(2)
The project is consistent with the Multi-Use Trails and Bike Paths Plan.
(3)
The project is consistent with the Circulation Plan.
(4)
The project is consistent with the Master Plan of Drainage.
(b)
Neighborhood compatibility.
(1)
The project is compatible with and sensitive to the immediate environment of the site and neighborhood relative to architectural design; scale, bulk, density and unit size; identity and neighborhood character; building orientation and setback; grading and visual integrity.
(2)
The project is designed so that the additional traffic generated does not have significant adverse impacts on surrounding developments.
(c)
Public facilities and services.
(1)
The project includes sewer and water facilities, or adequate facilities exist, which are or will be available to serve the project. Written certification from the affected sewer and water purveyor is required prior to the issuance of building permits.
(2)
The project includes street improvements that are consistent with the street standards for all abutting roadways.
(3)
The project provides adequate access for emergency vehicles.
(4)
The project provides storm drains, master planned drainage facilities, or special drainage facilities necessary to adequately dispose of surface water runoff or alleviate grading constraints.
(5)
The project provides a Homeowners’ Association and/or Maintenance District to ensure both on-site and off-site maintenance.
(6)
The project provides community trails as required by the General Plan.
(d)
Public health and safety.
(1)
If the project lies within, or partially within, an adopted “Special Studies Zone,” a geologic report has been submitted which locates the presence or absence of actual fault traces in accordance with the provisions of the Alquist-Priolo Act, and special engineering precautions have been taken to overcome those limitations or these areas have been set aside from development.
(2)
If the project is located within a Geologic Hazards Overlay District as identified in the General Plan, an adequate geologic or soils engineering investigation has been submitted, and special engineering precautions have been provided as required by Article 3 of Chapter 2 of Division 5 of this Code.
(3)
If the project is located within a Floodplain Safety Overlay District as identified in the General Plan, appropriate mitigation measures have been provided as required by Article 2 of Chapter 2 of Division 5 of this Code.
(4)
If the project is located within a Fire Safety Overlay District as identified in the General Plan, a program for fuel management has been developed to reduce the risk of fire, and applicable fire mitigation measures have been incorporated into the project design as required by Article 1 of Chapter 2 of Division 5 of this Code.
(e)
Resource protection.
(1)
If the project is located within a Biotic Resources Overlay District as identified in the General Plan, any site specific investigations required by the appropriate Mitigation Monitoring Plan shall be completed, and all applicable mitigation measures shall be implemented.
(2)
If the project is located within a Cultural Resources Preservation Overlay District as identified in the General Plan, any site specific investigations required by the appropriate Mitigation Monitoring Plan shall be completed, and all applicable mitigation measures shall be implemented.
(3)
If the project is located within a Paleontologic Resources Overlay District as identified by the General Plan, any site specific investigations required by the appropriate Mitigation Monitoring Plan shall be completed, and all applicable mitigation measures shall be implemented.
(4)
If the project is located in an area with protected plant communities (e.g., oak woodlands, riparian habitat), any site specific investigations required by the appropriate Mitigation Monitoring Plan shall be completed, and all applicable mitigation measures shall be implemented.
(f)
Multiple-family dwelling maintenance. The following maintenance requirements shall be applicable to all developments in addition to other general maintenance provisions of this Code.
(1)
Buildings and structures.
(A)
Buildings and structures shall not be permitted to deteriorate or remain in an un-repaired or dilapidated condition.
(B)
Building exteriors shall be maintained, painted, or treated to provide for weather protection.
(C)
Damage to structures shall be repaired within thirty (30) days from the date of occurrence.
(D)
Doors, fences, gates, and similar structures shall be kept in proper operating condition, including their locking and latching devices.
(2)
Landscaping, trees, shrubs, groundcover, and irrigation systems.
(A)
Landscaped areas shall be kept free from weeds and debris and maintained in a healthy thriving condition.
(B)
All plant materials shall receive regular maintenance, including, but not limited to, fertilizing, mowing, and trimming.
(C)
Any damaged, dead, diseased, or decaying plant materials shall be replaced within thirty (30) days from the date of damage.
(D)
Irrigation systems shall be kept in proper working order to provide proper amounts of water and proper coverage.
(E)
Landscape screening materials, such as hedges, shall be pruned to maintain their screening ability.
(3)
Parking areas, walkways, and open space.
(A)
Parking areas, walkways, and open spaces shall be kept clean and free of debris and items of storage.
(B)
Paved surfaces shall be maintained free of potholes, broken or raised sections, and other deterioration.
(C)
Outside lighting fixtures shall be kept in proper working order; inoperative lights shall be repaired or replaced within thirty (30) days of damage or failure.
(4)
Trash enclosure and refuse containers.
(A)
Trash enclosures and refuse containers shall be kept clean and the vicinity kept free of debris, and gates or doors shall be maintained in proper working order.
(B)
Accumulation of refuse shall not be permitted to exceed the capacity of the refuse containers.
(5)
Graffiti. Graffiti shall be removed within seventy-two (72) hours.
(6)
Recreation areas. Recreation facilities, common use areas, amenities, and other site improvements shall be maintained in a usable condition free from deterioration.
(7)
Trail maintenance.
(A)
All community trails shall be maintained in a safe and passable manner, which does not detract from the appearance of the trail.
(B)
Scrap lumber, junk, trash, storage, or debris is prohibited.
(C)
Abandoned, discarded, or unused objects or equipment, such as automobiles, automotive parts, furniture, stoves, refrigerators, cans, containers, or similar items, are prohibited.
(D)
Trail surface and proper grade shall be continuously maintained for safety and reliability, including removal of excessive sized rocks, filling of pot holes, removal of weeds, and refilling of cuts caused by erosion or other disturbances.
(E)
Construction of any structure within or across the trail easement, including walls, fences, gates, planters, sidewalks, drive approaches, or similar structures, or installation of any vegetation or irrigation system are prohibited.
(F)
Vegetation shall be kept cleared from encroaching into the trail to a height of ten (10) feet and to the full width of the trail.
(G)
Trail fences and gates shall be kept in good repair at all times, including replacing damaged members and maintaining plumb.
(H)
Drainage swales, curb and gutter, or similar drainage structures, shall be kept clean and free of debris, trash, soil, vegetation, or other material in a manner that permits proper drainage.
(Ord. 298 § 6, 2010)
§ 88.01340 General design guidelines.
(a)
Intent. The intent of the site plan and building guidelines set forth in Sections 88.01345 and 88.01350 is to assist the developer in understanding and complying with the City’s standards for building and site design. The guidelines are based upon community design goals as expressed in the General Plan, and they encourage the orderly and harmonious appearance of structures and property, along with associated facilities, such as signs, landscaping, parking areas, and streets. The guidelines establish a high standard for design quality but are flexible enough to allow individual expression and imaginative solutions.
(b)
Applicability. The provisions of Sections 88.01345 and 88.01350 shall apply to all developments within the RM-24 Land Use District, unless otherwise specified herein. Any addition, remodeling, relocation or construction requiring a building permit shall adhere to these guidelines where applicable.
(Ord. 298 § 6, 2010)
§ 88.01345 Site plan design.
(a)
Well thought-out site planning is crucial in the development of successful high-density projects. In addition to other standards outlined in the Development Code, the following should be considered:
(1)
Relate the location of site uses with adjoining properties to avoid possible conflicts and take advantage of mutual potentials;
(2)
Consider sharing curb cuts with adjoining properties;
(3)
Buildings that are skewed in relationship to each other can create a variety of view orientations and streetscape interests;
(4)
Provide logical pedestrian connections between open spaces and dwelling units and to perimeter streets;
(5)
Create a logical circulation system that is understandable to the user;
(6)
Treat drive aisles like the streetscape; provide curvilinear lanes and parkway trees wherever possible;
(7)
Screen parking areas from the street with mounding, landscaping, low profile walls, and lowering the grade of the parking areas below the street;
(8)
Screen exterior trash areas, storage areas, utilities, etc., from view using elements compatible with architecture and landscaping;
(9)
Strengthen project entry statements with expanded accent landscaping, decorative paving and special architectural features incorporated into perimeter walls or monument signs;
(10)
Terminate the entry statement at an interior focal point, such as unique architecture or landscape elements, fountains, plazas, streams and/or waterfall elements, or landscape treatments which take aesthetic advantage of variations in grade;
(11)
Vary building setbacks whenever possible;
(12)
Preserve existing trees in place and design as a major landscape feature;
(13)
Consider visitor parking beyond minimum requirements, and distribute parking evenly throughout the development;
(14)
Avoid dead-end drive aisles over one hundred fifty (150) feet in length.
(Ord. 298 § 6, 2010)
§ 88.01350 Building design.
(a)
A recognizable design theme shall be established that is compatible with surrounding planned or existing developments. Subtle variations are encouraged that provide visual interest but do not create abrupt changes causing discord in the overall character of the immediate neighborhood. It is not intended that one style of architecture should be dominant, but that individual projects shall create and enhance a high quality and harmonious community appearance.
(b)
The architecture should consider compatibility with surrounding character, including harmonious building style, form, size, color, material, and roof-line. Shadow patterns created by architectural elements, overhangs, projection or recession of stories, balconies, reveals and awnings contribute to a building’s character while aiding in climate control. Changes in the roof level or planes provide architectural interest, and developments should be designed with upgraded architecture through increased delineation of surface treatments and architectural details. The City seeks well thought-out design solutions that reflect the best of a particular style and relate well to their surroundings. The following should be considered:
(1)
Provide architectural treatment to all four building elevations;
(2)
Upgrade design treatment of carport structures to reflect the architectural design of the dwelling units;
(3)
Enhance architectural elements exposed to public view;
(4)
Choose colors, textures, and materials that are consistent with the chosen design theme;
(5)
Garages should be architecturally designed to complement the residences;
(6)
Integrate screens for all roof-mounted equipment into the building design;
(7)
Use native rock for fieldstone; other forms of stone may be manufactured products;
(8)
Buildings should emphasize horizontal as well as vertical appearance; this can be achieved by the use of projections or recessions of stories, balconies, windows and doors, and changes in roof levels and planes;
(9)
Every project should be designed with a precise concept for adequate signage that is highly compatible with the building and site design relative to color, material and placement;
(10)
Any equipment, whether on the roof, side of a building, or ground, should be screened, and the method of screening shall be architecturally compatible in terms of material, color, shape, and size.
(Ord. 298 § 6, 2010)
§ 88.01401 Application requirements for a large residential care facility.
In addition to the Conditional Use Permit submittal requirements, an applicant for a large residential care facility shall submit the following information with the application materials for the Conditional Use Permit:
(a)
Information regarding the State license that is required to operate the large residential care facility, including the license type and information regarding the State department approving the license.
(b)
The maximum number of residents who may be served by the facility at any one time.
(c)
The number of support staff who will be employed at the facility, including the maximum number of staff who may be present at the facility at any time.
(d)
The estimated or average term of a resident’s stay.
(e)
Information detailing the support services to be provided on-site.
(f)
Rules of conduct for residents, if any, and/or a management plan.
(g)
A list of the addresses of all similar facilities that the applicant operated in California within the past five years. The applicant shall certify under penalty of perjury that none of the facilities has been found by State or local authorities to be operating in violation of State or local law.
(h)
A list of other similar facilities within the area, and a statement demonstrating that the facility meets any separation requirements that may be required by State law.
(Ord. 345 § 16, 2016)
§ 88.01405 Design requirements for a large residential care facility.
(a)
Off-street parking shall be provided in compliance with the requirements of Section 87.0615 of this Code.
(b)
The total number of occupants that occupy the facility shall be compliant with the occupancy requirements of the facility.
(c)
The facility shall meet all requirements for the approval of such use imposed by the City’s Building Code and Fire Code.
(d)
The development of a large residential care facility shall comply with all requirements of the subject zone and be compatible in design with the surrounding neighborhood.
(Ord. 345 § 16, 2016)
§ 88.01410 Operational requirements for a large residential care facility.
(a)
The facility shall be operated in compliance with applicable State, Federal, and local law and shall maintain all necessary State licenses required to provide services.
(b)
The operator shall comply with the City’s business license provisions.
(c)
The facility shall not provide any services other than those the facility is authorized and licensed to provide by the State of California.
(d)
Large residential care facilities shall operate in conformance with the rules of conduct and/or management plan that was submitted as part of the application for a Conditional Use Permit. Violations of those conditions and/or the conditions of approval may result in a revocation of the Conditional Use Permit by the Planning Commission.
(Ord. 345 § 16, 2016)
§ 88.01501 Application requirements for a boarding house.
In addition to the Conditional Use Permit submittal requirements, an applicant for a boarding house, or any transitional or supportive housing project structured as a boarding house, shall submit the following information with the application materials for the Conditional Use Permit:
(a)
The maximum number of residents who will live in the facility at any one time.
(b)
The number of support staff who will be employed at the facility, including the maximum number of staff who may be present at any time.
(c)
The estimated or average term of a resident’s stay.
(d)
Rules of conduct and/or management plan.
(e)
The operator of the proposed facility shall provide a list of the addresses of all similar facilities that they operated within the past five years and shall certify under penalty of perjury that none of the facilities has been found by State or local authorities to be operating in violation of State or local law.
(Ord. 345 § 17, 2016)
§ 88.01505 Design requirements for a boarding house.
(a)
Off-street parking shall be provided in compliance with the requirements of Section 87.0615 of this Code.
(b)
Total number of occupants that occupy the facility shall be compliant with the occupancy requirements of the facility.
(c)
The facility shall meet all requirements for the approval of such use imposed by the City’s Building Code and Fire Code.
(d)
There shall not be any cooking facilities permitted in the residents’ rooms.
(e)
The sale of food or other materials is limited to guests who are currently residing on the premises where the use is located and not to the general public.
(f)
The development of a boarding house shall comply with all requirements of the subject zone and be compatible in design with the surrounding neighborhood.
(Ord. 345 § 17, 2016)
§ 88.01510 Operational requirements for a boarding house.
(a)
The facility shall be operated in compliance with applicable State, Federal, and local law.
(b)
The operator shall comply with the City’s business license provisions.
(c)
The facility shall not provide any services that would require the facility to be licensed by the State of California.
(d)
The use shall not involve the use of commercial vehicles for the delivery of materials to or from the premises beyond those commercial vehicles normally associated with residential uses.
(e)
There shall be no outdoor storage of materials or equipment, nor shall any materials or equipment be visible from outside the home.
(f)
The appearance of the structure shall not be altered, nor the occupation within the residence be conducted in a manner that would cause the premises to differ from its residential character either by use of colors, materials, construction, lighting, or signs, or the emission of sounds, noises, or vibrations.
(g)
The use of amenities and community facilities shall be limited to that normally associated with the use of the property for residential purposes. Boarding houses shall operate in conformance with the rules of conduct and/or management plan that was submitted as part of the application for a Conditional Use Permit. Violations of those conditions and/or the conditions of approval may result in a revocation of the Conditional Use Permit by the Planning Commission.
(Ord. 345 § 17, 2016)
§ 88.01601 Application requirements for a bed and breakfast lodge.
In addition to the Conditional Use Permit submittal requirements, an applicant for a bed and breakfast lodge shall submit the following information with the application materials for the Conditional Use Permit:
(a)
The maximum number of guests who may be present in the bed and breakfast lodge at any one time.
(b)
The number of support staff who will be employed at the bed and breakfast lodge, including the maximum number of staff who may be present at any time. This number should include the owner(s) who reside on-site.
(Ord. 345 § 18, 2016)
§ 88.01605 Design requirements for a bed and breakfast lodge.
(a)
Off-street parking shall be provided in compliance with the requirements of Section 87.0615 of this Code.
(b)
A non-illuminated identification sign, not to exceed six square feet in area, is permitted. If not attached to the residence, such sign shall not exceed six feet in height and must blend with the architectural style of the structure and the neighborhood.
(c)
The bed and breakfast lodge shall meet all requirements for the approval of such use imposed by the City’s Building Code and Fire Code.
(d)
There shall not be any cooking facilities permitted in guest rooms.
(e)
The sale of food or other materials is limited to guests who are currently residing on the premises where the use is located and not to the general public.
(f)
The development of a bed and breakfast lodge shall comply with all requirements of the subject zone and be compatible in design with the surrounding neighborhood.
(Ord. 345 § 18, 2016)
§ 88.01610 Operational requirements for a bed and breakfast lodge.
(a)
A bed and breakfast lodge shall be operated in compliance with applicable State, Federal, and local law.
(b)
A bed and breakfast lodge shall be an accessory use in that the residential structure shall serve as the primary residence of the owner of the bed and breakfast lodge, and the owner shall reside on-site. If a corporation is the owner, a majority shareholder of the corporation shall reside in the residential structure where the bed and breakfast lodge is located.
(c)
Records of all guests who stay at the bed and breakfast lodge shall be preserved for a minimum period of three years before such records are discarded.
(d)
A bed and breakfast lodge shall not involve the use of commercial vehicles for the delivery of materials to or from the premises beyond those commercial vehicles normally associated with residential uses.
(e)
There shall be no outdoor storage of materials or equipment, nor shall merchandise be visible from outside the home.
(f)
The appearance of the structure shall not be altered, nor the occupation within the residence be conducted in a manner that would cause the premises to differ from its residential character either by use of colors, materials, construction, lighting, or signs, or the emission of sounds, noises, or vibrations.
(g)
The use of amenities and community facilities shall be limited to that normally associated with the use of the property for residential purposes.
(h)
The operator shall comply with the City’s business license provisions.
(i)
Bed and breakfast lodges shall operate in conformance with the rules of conduct and/or management plan that was submitted as part of the application for a Conditional Use Permit. Violations of those conditions and/or the conditions of approval may result in a revocation of the Conditional Use Permit by the Planning Commission.
(Ord. 345 § 18, 2016)
§ 88.01701 General provisions.
(a)
Intent. The purpose of this article is to establish objective standards and regulations to govern the development of qualified Senate Bill 9 ("SB9") subdivisions and development projects on residential zoned properties within the City of Yucaipa. This chapter is intended to be consistent with, and shall be interpreted in a manner consistent with, state law including, but not limited to, Government Code Sections 65852.21 and 66411.7, as those laws may be amended from time to time. If any provision of this Code conflicts with state law, then those provisions shall be void to the limited extent necessary to avoid the conflict, and state law shall apply.
(b)
Locational requirements.
(1)
The provisions of this chapter shall only apply to lots designated for single family residential uses pursuant to the City's General Plan. In addition, the following requirements shall be met to qualify for development pursuant to this chapter:
(A)
The parcel does not contain prime farmland or farmland of statewide importance as designated on maps prepared by the California Department of Conservation, and is not zoned or designated for agricultural protection or preservation by a local ballot measure.
(B)
The parcel does not contain wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(C)
The parcel is not located within a historic district, nor is the parcel or any resources thereon listed or designated as historic by the county, state, or federal government.
(D)
The parcel is not in a high or very high fire hazard severity zone as determined by the California Department of Forestry and Fire Protection unless the parcel will comply with fire hazard mitigation measures adopted pursuant to existing building standards or state fire mitigation measures applicable to the development.
(E)
The parcel is not part of a hazardous waste site listed pursuant to Government Code Section 65962.5 or designated by the Department of Toxic Substances Control pursuant to Health & Safety Code Section 25356, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
(F)
The parcel is not within a special flood hazard area or regulatory floodway on any official maps published by the Federal Emergency Management Agency unless the parcel satisfies all applicable federal criteria in Government Code Section 65913.4(a)(6)(G) and (H).
(G)
The parcel is not identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Fish and Game Code Section 2800 et seq.), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. § 1531 et seq.), or other adopted natural resource protection plan, or under a conservation easement; does not contain habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973, the California Endangered Species Act (Fish and Game Code Section 2050 et seq.), or the Native Plant Protection Act (Fish and Game Code Section 1900 et seq.); and is not subject to a conservation easement.
(2)
The parcel for which an urban lot split is proposed shall meet all of the following criteria:
(A)
The parcel is an existing legal lot.
(B)
The parcel was not established through a prior urban lot split.
(C)
The proposed urban lot split would not require the demolition or alteration of any of the following types of housing as substantiated by an affidavit from the property owner(s):
(I)
Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons or families of moderate, low, or very low income.
(II)
Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.
(III)
Housing that has been occupied by a tenant in the last three years before the application to subdivide is submitted.
(IV)
The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner's rights under Government Code Section 7060 et seq. (eviction) to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(D)
Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split. Future property owners shall be informed of this restriction through a recorded deed notice approved by the county.
(c)
Covenant required. A property owner seeking to complete an urban lot split, or develop units on a single-family residential property pursuant to the regulations set forth in SB 9 and the standards in this ordinance, shall be subject to the following general requirements, which shall be accepted and acknowledged by the property owner by signing and recording a covenant against the property. The covenant shall be supplied by the City and provide as follows:
(1)
The short term rental for periods less than 30 days of any units and accessory dwelling units (ADUs) on the site shall be prohibited;
(2)
Non-residential uses on the site shall be prohibited;
(3)
Any subsequent urban lot split of land that was previously subdivided with an urban lot split shall be prohibited; and
(4)
The owner of the property for which an urban lot split is proposed shall sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for at least three years from the date of the approval of the urban lot split.
(Ord. 431 § 3, 2023)
§ 88.01705 Definitions.
For the purposes of this chapter, the following words and phrases are defined as follows:
(a)
"Front lot"
means when an urban lot split creates two lots where there was previously one lot, the lot with the most frontage on the primary street shall be considered the front lot.
(b)
"Primary residence"
means the original dwelling on the property.
(c)
"Rear lot"
means the lot with the least frontage on the primary street when an urban lot split creates two lots where there was previously one lot.
(d)
"Senate Bill 9 (SB 9)"
means a state law passed by the California state senate and approved by the Governor on September 16, 2021. The bill amends Government Code Section 66452.6 and adds Government Code Sections 65852.21 and 66411.7.
(e)
"Senate Bill 9 (SB 9) Development Project"
means a development project that consists of either an urban lot split, construction of an additional unit on a single-family zoned lot or up to two units on an urban lot split lot, and/or conversion of a single-family residence into a duplex in accordance with SB 9.
(f)
"Urban lot split"
means a parcel map subdivision permitted pursuant to SB 9 that creates no more than two parcels of approximately equal lot area.
(Ord. 431 § 3, 2023)
§ 88.01710 Review.
(a)
Land use compliance review. Proposed SB 9 Development Projects shall be reviewed through the City's Land Use Compliance Review process to determine whether the criteria for ministerial approval have been met. Notwithstanding any other provision of the City's Development Code, the provisions of this chapter shall apply to residential projects and urban lot splits that are proposed pursuant to the regulations in SB 9. Except as expressly provided in SB 9 or in this article, all other regulations of the underlying Land Use District of a property developed pursuant to SB 9 shall apply, along with all other applicable regulations from the City's Development Code, specifically including the Division of Land Procedures in Chapter 4 of Division 3 of the Development Code as related to any urban lot split.
(b)
Parcel map. In addition to the requirements listed in chapter, any urban lot split shall be processed as a parcel map without public notice, and shall receive ministerial approval if all required criteria have been met.
(Ord. 431 § 3, 2023)
§ 88.01715 Design Standards.
(a)
All SB 9 development projects shall comply with the following objective standards:
(1)
Any new residential structure walls shall not exceed 25 feet in any direction without a minimum of one six-inch change in wall plane per each 25 feet in length.
(2)
Building entrances for each unit shall include a projecting porch greater than five feet that incorporates a roof with a slope that matches the slope of the primary roof structure.
(3)
Exterior building materials for any new residential construction shall only change at interior corners of a structure, or if a material is carried around an outside corner, it shall wrap around a minimum of two feet and maintain a minimum of four inches thickness (i.e. furring) in order to appear as a pilaster or column.
(4)
Parking required. One parking space is required for each duplex unit created pursuant to the regulations in this chapter, unless the parcel upon which the unit is created is within one-half mile of a high-quality transit corridor or a major transit stop or there is a car share vehicle located within one block of the project. Required parking shall meet the following location requirements:
(A)
Parking shall not be provided within a front setback.
(B)
Rear lot parking shall be accessed via an alley, if there is an alley.
(5)
Proposed parking areas for rear units and development on rear lots shall be screened from public views with shrubs and/or dense landscaping of a minimum height of 30 inches at maturity.
(6)
Carports, detached garages, and accessory structures shall be architecturally integrated into the overall design of the project through the use of the same materials as those used on the primary residence or other residential unit proposed as part of the project, and maintain the same architectural style of the primary structure. In addition, garage doors shall be recessed into the garage wall a minimum of four inches to provide shadow relief.
(7)
Mechanical equipment ( air conditioners, water softener tanks, solar collectors, duct work, meters, heaters, etc.), whether on the roof or the ground, shall be screened from public view. Materials and details used for screening on accessory structures or additional residential units shall be the same as those used on the primary residence or consistent as among all proposed structures.
(8)
Electrical elements such as wires, conduits, junction boxes, transformers, ballasts, and switch and panel boxes shall be concealed from view from adjacent public rights-of-way.
(9)
Outdoor storage areas for any unit or units on the property or properties shall be screened from view from adjacent public rights-of-way.
(10)
All flashing, sheet metal vents, and pipe stacks shall be painted to match the adjacent roof or wall material.
(11)
Trash and recycling storage areas shall be located at the rear or interior side yards of each lot.
(12)
A complete landscaping and irrigation plan for each lot shall be submitted to and approved by the Development Services Department prior to the issuance of building permits for a two-unit residential development. All landscape plans shall comply with the City's water conservation ordinance and the City's administrative guidelines regarding minimum plant quantities and sizes.
(13)
For accessory dwelling units proposed to be developed within or added onto an existing non-historic structure, the architectural style, massing, and detailing shall match the existing structure. This includes continuation of all building materials including but not limited to siding, windows, doors, roofing, trim, light fixtures, hardware and railings, and roof slopes and building entry design.
(14)
If a garage is converted to a new unit, the garage door opening shall be replaced with exterior wall coverings, or residential windows, doors, or combination thereof, to match the existing exterior garage wall covering and detailing of the structure.
(15)
Unless attached to and made a part of a primary residence, no detached accessory dwelling unit shall be closer than ten feet to any other dwelling unit on the same lot; and no detached accessory building shall be closer than five feet to any other main or accessory building on the same lot. The underlying Land Use District front yard setbacks shall be maintained.
(16)
All addresses for residential units using a shared driveway or pedestrian pathway must be displayed at their closest point of access to a public street for emergency responders.
(17)
Pedestrian access to a public street or alley shall be provided with an exterior pedestrian pathway from the primary entrances of each unit to the adjoining sidewalk, street, or alley. The pedestrian pathway shall be unobstructed, clear to the sky, and be a minimum of three feet wide if serving one to two units, and a minimum of five feet wide if serving three or more units. Pedestrian pathways shall not exceed 200 feet in length, and shall be made of a minimum four-inch-thick concrete, or concrete or brick pavers placed hand tight or mortared, on compacted subgrade or aggregate base, or comparable hardscape materials that result in a continuous pathway.
(18)
Chain link shall not be used as a permitted screening material or perimeter fence. New parcels created through an urban lot-split shall utilize long lasting screening materials such as a split-face concrete masonry unit (CMU) walls or other types of block walls that include detailing features, wood, vinyl, or wrought iron/tubular steel fences along the newly created property lines.
(19)
A 400 square foot garage or carport, not to exceed 12 feet in height, that serves a second unit or accessory unit may be permitted no closer than four feet from a side or rear property line, or shall otherwise conform to the applicable setbacks within the land use district.
(b)
Urban lot splits. The following shall apply to the lot configuration of any urban lot split.
(1)
No lot resulting from an urban lot split shall be smaller than 1,200 square feet.
(2)
The two resulting lots shall be approximately equal, and no smaller than 48% or larger than 52% of the net lot area of the original parcel.
(3)
No flag lots shall be created as a result of an urban lot split if the subject property is adjacent to an alley, located on a corner, or on a through lot.
(4)
The width of any lot resulting from an urban lot split shall not be less than 75% of the original lot width.
(5)
No right-of-way dedications shall be imposed upon urban lot split projects.
(Ord. 431 § 3, 2023)
§ 88.01801 General provisions.
(a)
Purpose. The purpose of this chapter is to establish standards for the City's alcohol establishments, and specifically requires Conditional Use Permits for the operation of certain alcohol beverage sales activities and confers deemed approved status for such existing alcohol beverage sales activities that constitute legal nonconforming uses. Enforcement of these provisions shall be subject to the provisions of Chapter 1.12 of the Municipal Code.
(b)
Intent. The regulations described in this chapter have been developed for the following purposes:
(1)
To protect residential, commercial, industrial, civic and institutional areas and minimize the adverse impacts of nonconforming and incompatible uses;
(2)
To provide mechanisms to address problems often associated with the locations of alcohol sale establishments such as litter, loitering, graffiti, and unruly behavior, and ensure that alcohol beverage sales establishments are not the source of public nuisances in the community;
(3)
To provide for properly maintained alcohol beverage sales establishments so that the negative impacts generated by these activities are not harmful to the surrounding environment in any way;
(4)
To monitor deemed approved establishments to ensure they do not substantially change in mode or character of operation;
(5)
To provide opportunities for alcohol beverage sales establishments to operate in a mutually beneficial relationship to each other and to other surrounding uses.
(Ord. 465 § 9, 2025)
§ 88.01805 Definitions.
The meaning and construction of the words and phrases set forth below shall apply throughout this chapter, except where the context clearly indicates a different meaning or construction:
(a)
"Alcohol Beverage."
Alcohol, spirits, liquor, wine, beer, and any liquid or solid containing alcohol, spirits, liquor, wine or beer, that contains one-half of one percent or more of alcohol by volume and that is fit for beverage purposes either alone or when diluted, mixed or combined with other substances, the sale of which requires an ABC license.
(b)
"Alcohol Beverage Sales Facility."
The retail sale of alcohol beverages for on site or off site consumption.
(c)
"Alcohol Beverage Sales Establishment."
An establishment where alcohol beverage sales activity occurs. Alcohol beverage sales establishments including, but not limited to, the following recognized types of establishments: grocery stores, liquor stores, beer and wine stores, convenience markets, specialty food markets, retail sales establishments, wine shops, bowling alleys, billiard or game parlors, service stations, social halls, taverns, cocktail lounges, dance halls, nightclubs, bars, and alcohol beverage tasting rooms. This definition excludes fast food establishments, restaurants (serving of alcohol beverages with meals only), manufacturing, wholesale, and temporary events.
(d)
"California Department of Alcohol Beverage Control" or "ABC."
The department of the state of California empowered to act pursuant to article 20, section 22, of the California constitution and authorized to administer the provisions of the alcohol beverage control act.
(e)
"Condition of Approval."
Requirements that must be carried out by a new alcohol beverage sales activity in connection with a conditional use permit, or by a legal nonconforming alcohol beverage sales activity to comply with deemed approved performance standards to retain its deemed approved status.
(f)
"Deemed Approved Activity."
Any legal nonconforming alcohol beverage sales activity. Such activity shall be considered a deemed approved activity as long as it complies with the deemed approved performance standards set forth in this chapter.
(g)
"Deemed Approved Status."
The permitted use of land for a deemed approved activity. Deemed approved status replaces legal nonconforming status with respect to an alcohol beverage sales activity and remains in effect as long as the activity complies with the deemed approved provisions and performance standards.
(h)
"Illegal Activity."
An activity which has been determined to be in noncompliance with the deemed approved provisions and performance standards. Such an activity shall lose its deemed approved status and shall no longer be considered a deemed approved activity.
(i)
"Legal Nonconforming Alcohol Beverage Sales Activity" or "Legal Nonconforming Activity."
An alcohol beverage sales activity which was a nonconforming use pursuant to the City's nonconforming use regulations and for which a valid ABC license had been issued and used in the exercise of the rights and privileges conferred by the license at a time immediately prior to the effective date hereof. Such an activity shall be considered a deemed approved activity and shall no longer be considered a legal nonconforming activity.
(j)
"Operational Standards."
Regulations for the business practice activities and land use for locations with a conditional use permit or those further requirements imposed to achieve these goals. Operational standards constitute requirements which must be complied with by an establishment in order to maintain its conditional use permit.
(k)
"Performance Standards."
Regulations for the business practice activities and land use for locations with deemed approved status or those further requirements imposed to achieve these goals. Performance standards constitute requirements which must be complied with by an establishment in order to retain its deemed approved status.
(l)
"Permit."
A Conditional Use Permit issued pursuant to this chapter.
(m)
"Permittee."
The individual or entity that owns an alcohol beverage sales establishment and to whom a conditional use permit to operate an alcohol beverage sales establishment has been issued by the City.
(n)
"Restaurant."
A bona fide eating establishment where a dining area is provided to eat meals that are prepared and served on the premises and alcohol beverage sales do not exceed fifty percent (50%) of all sales at any time.
(o)
"Surrogate Sales."
The purchasing of alcohol by an individual on behalf of another individual, typically an adult purchasing alcohol on behalf of or for consumption by a minor.
(p)
"Type 21 Licensed Establishment."
A type of license provided by ABC for an establishment that allows for the off-premises sales of beer, wine, and liquor.
(Ord. 465 § 9, 2025)
§ 88.01810 Conditional use permits for certain new alcohol beverage sales activities.
(a)
Conditional use permit requirement. The general purpose of these regulations is to protect and promote the public health, safety, comfort, convenience, prosperity and general welfare by requiring consideration and approval of a discretionary land use approval before certain new alcohol beverage sales activities are permitted. This chapter alone does not allow or permit alcohol beverage sales activities, but only applies to these activities where otherwise allowed or permitted within an applicable land use or zoning district. All new alcohol beverage sales establishments are required to comply with the operational standards and objectives set forth in this chapter. The provisions of this chapter are intended to complement the state of California alcohol related laws. The City does not intend to replace or usurp any powers vested in the ABC. Businesses are also required to have a City-issued business license.
(b)
Specific establishments subject to requirement. The following establishments shall require a Conditional Use Permit:
(1)
Type 21 Licensed Establishments, except for grocery and retail stores where alcohol sales are incidental to the interior retail sales of food and home goods and where alcohol sales and alcohol storage occupies no more than 10% of the interior retail store area, excluding areas for tobacco-related products.
(c)
Additional findings for approval. In addition to the standard Findings for approval of a Conditional Use Permit, the Planning Commission shall also determine that the following is also true:
(1)
The establishment is in a land use district in which the establishment is a conditionally permitted use.
(2)
That the operations of the establishment do not cause or result in adverse effects to the health, welfare, peace or safety of persons visiting, residing, working, or conducting business in the surrounding area.
(3)
That the establishment does not jeopardize or endanger the public health or safety of persons visiting, residing, working or conducting business in the surrounding area.
(4)
That the operations of the establishment will not aggravate existing problems in the neighborhood created by the sale of alcohol such as disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, littering, loitering, graffiti, illegal parking, excessive loud noises, especially in the late night or early morning hours, traffic violations, curfew violations, lewd conduct, or police detentions and arrests.
(5)
The establishment will not detrimentally affect nearby neighborhoods considering the distance of the alcohol establishment to residential buildings, schools, parks, playgrounds or recreational areas, nonprofit youth facilities, places of worship, hospitals, alcohol or other drug abuse recovery or treatment facilities, social service offices, or other alcohol beverages sales activity establishments.
(6)
The establishment will otherwise be compatible with existing and potential uses within the surrounding area.
(7)
If the activity will be in an area that has been determined by the ABC to have an undue concentration of licenses as defined in Business and Professions Code Section 23958.4(a), a separate Finding of "public convenience and necessity" shall also be issued.
(d)
Use-specific standard conditions of approval. As part of the approval of certain alcohol establishments, the Planning Commission may incorporate the following standard conditions of approval:
(1)
Operations.
(A)
Posting of signs: The following signs may be required to be prominently posted in a readily visible manner in English, Spanish, and the predominant language of the patrons:
(i)
"California State Law Prohibits The Sale Of Alcohol Beverages To Persons Under 21 Years Of Age"
(ii)
"No Loitering Or Public Drinking"
(iii)
"It Is Illegal To Possess An Open Container Of Alcohol In The Vicinity Of This Establishment"
(B)
Presentation of documents: A copy of the conditions of approval and the ABC license may be required to be kept on the premises of the establishment and presented to any law enforcement officer or authorized state or City official upon request.
(C)
Mitigating alcohol related problems: The establishment may be required to operate in a manner appropriate with mitigating alcohol related problems that negatively impact those individuals living or working in the neighborhood including, but not limited to, sales to minors, surrogate sales, the congregation of individuals, violence on or near the premises, drunkenness, public urination, solicitation, drug dealing, drug use, loud noise and litter.
(D)
Loitering: The establishment's operators or employees may be required to discourage loiterers and to ask persons loitering longer than fifteen (15) minutes to leave the area and contact local law enforcement officials for enforcement of applicable trespassing and loitering laws if persons requested to leave fail to do so.
(E)
Hours of operation: The sale of alcohol beverages may be restricted to certain hours of each day of the week unless limited further by the ABC, particularly to coincide with adjoining land uses (such as school hours).
(F)
Business licenses: Uses subject to the provisions of this Chapter shall maintain an annual City Business License.
(2)
Sale limitations.
(A)
Single serving beverages. To discourage nuisance activities, alcohol beverage sales establishments may be prohibited from selling one or more of the following products:
(i)
Single containers of beer or malt liquor.
(ii)
Containers of beer or malt liquor not in their original factory packages of 6-packs or greater.
(iii)
Individual containers of beer or malt liquor larger than twenty-four (24) to thirty-nine (39) ounces.
(iv)
Distilled spirits in bottles or containers smaller than three hundred seventy-five milliliters (375 ml).
(v)
Cooler products, either wine in bottles that are less than seven hundred milliliters (750ml), or malt beverage-based beverages, in less than 4-pack quantities.
(B)
Chilled alcohol beverages: An alcohol beverage sales establishment may be prohibited from maintaining refrigerated or otherwise chilled alcohol beverages on the premises.
(C)
Cups: An alcohol beverage sales establishment may be prohibited from the sale or distribution of paper or plastic cups in quantities less than their usual and customary packaging to their customers.
(3)
Security.
(A)
Security cameras: The establishment shall be required to implement a video camera safety plan which may include:
(i)
Digital video camera system which records activity of patrons and employees at service counters, store entrances and exits, parking lot entrances and exits, and primary parking areas.
(ii)
Video recordings must be stored and retrievable for a minimum period of seven (7) days from the time of recording.
(iii)
Video clarity must be such that a person's facial features can be identified from the video.
(iv)
The video system must be engaged, and recording at all times, while the establishment is open to the public. The system must be maintained in working order at all times.
(v)
The video system must be approved by the Yucaipa Police Department.
(B)
Vegetation: Any required exterior vegetation shall be maintained in a manner that minimizes its use as a hiding place.
(Ord. 465 § 9, 2025)
§ 88.01815 Operational standards.
(a)
All new alcohol beverage sales establishments shall be designed, constructed, and operated to conform to all of the following operational standards:
(1)
That the establishment does not result in adverse effects to the health, welfare, peace or safety of persons visiting, residing, working, or conducting business in the surrounding area.
(2)
That the establishment does not jeopardize or endanger the public health or safety of persons visiting, residing, working, or conducting business in the surrounding area.
(3)
That the establishment does not result in repeated nuisance activities within its premises or in close proximity of the premises, including, but not limited to, disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, littering, loitering, graffiti, illegal parking, excessive loud noises, especially in the late night or early morning hours, traffic violations, curfew violations, lewd conduct, or police detentions and arrests.
(4)
That the establishment complies with all provisions of local, state and/or federal laws, regulations or orders, including, but not limited to, those of the ABC, California Business And Professions Code sections 24200, 24200.6, and 25612.5, as well as any condition imposed on any permits issued pursuant to applicable laws, regulations or orders.
(5)
That the establishment's upkeep and operating characteristics are compatible with, and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood.
(6)
That the owners and all employees of the establishment complete an approved course in "responsible beverage sales" (RBS) within sixty (60) days of hire for employees hired after the passage of this chapter, or within six (6) months of the passage of this chapter for existing employees. To satisfy this requirement, a certified program must meet the standards of the California coordinating council on responsible beverage service (CCC/RBS) or other certifying/licensing body designated by the state of California.
(b)
A copy of the operational standards, any applicable ABC or City operating conditions, and any training requirements shall be posted in at least one prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment.
(c)
Noncompliance with the standards may result in the suspension or revocation of the Conditional Use Permit for the establishment. The City shall utilize its enforcement processes listed under Chapter 1.12 of the Municipal Code, and once the third citation has been issued, the revocation process listed under Section 83.030323 of the Development Code may be initiated.
(Ord. 465 § 9, 2025; Ord. 469 § 3, 2025)
§ 88.01820 Automatic deemed approved status.
(a)
The deemed approved alcohol beverage sales regulations shall apply to all alcohol beverage sales activities that are subject to a Conditional Use Permit requirement pursuant to this chapter and that have been legally established and operating, without a Conditional Use Permit, within the City as of the effective date hereof. Each deemed approved activity shall retain its deemed approved status if it complies with the performance standards of this chapter. The occurrence of any of the following shall terminate the deemed approved status of the alcohol beverage sales activity and require the issuance of a Conditional Use Permit to continue the alcohol beverage sales activity:
(1)
An existing alcohol beverage sales establishment changes its activity so that ABC requires a different type of license.
(2)
There is a substantial modification to the mode or character of operation.
(3)
As used herein, the phrase "substantial change of mode or character of operation" includes, but is not limited to, the following:
(A)
The off-site alcohol beverage sales establishment increases the floor or land area or shelf space devoted to the display or sales of any alcohol beverage.
(B)
The off-site alcohol beverage sales establishment extends the hours of operation.
(C)
The alcohol beverage sales establishment proposes to reinstate alcohol sales after the ABC license has been either revoked or suspended for a period greater than thirty (30) days by ABC.
(D)
The alcohol beverage sales establishment voluntarily discontinues active operation for more than ninety (90) consecutive days or ceases to be licensed by the ABC.
(4)
A substantial change in the mode of character of operation shall not include:
(A)
Reestablishment, restoration or repair of an existing alcohol beverage sales establishment on the same premises after the premises have been rendered totally or partially inaccessible by a riot, insurrection, toxic accident or act of God, provided that the reestablishment, restoration or repair does not increase the sales or service of any alcohol beverage, extend the hours of operation of any establishment or add to the capacity, floor or land area or shelf space devoted to alcohol beverages of any establishment that sells or serves any alcohol beverages.
(B)
Temporary closure for not more than ninety (90) days in cases of vacation or illness or for purposes of repair, renovation, or remodeling if that repair, renovation, or remodeling does not change the nature of the premises and does not increase the sales or service of any alcohol beverage, extend the hours of operation of any establishment, or add to the capacity, floor or land area, or shelf space devoted to alcohol beverages of any establishment that sells or serves any alcohol beverages.
(5)
If it is determined by the City that there has been a discontinuance of active operation for ninety (90) consecutive days or a cessation of ABC licensing, it may be resumed only upon the granting of a Conditional Use Permit as provided in this chapter.
(b)
Operational standards. All deemed approved alcohol beverage establishments shall comply and satisfy the provisions identified in Section 88.01815 of this chapter.
(c)
Notification of deemed approved establishments. The City shall notify the owner of each deemed approved activity, and, if not the same, any property owner at the address shown on the property tax assessment records of the activity's deemed approved status. The notice shall be sent by U.S. first class mail and certified mail return receipt requested and shall include a copy of the operational standards in this chapter with the requirement that they be posted in a conspicuous and unobstructed place visible from the entrance of the establishment for public review. This notice shall also provide that the activity is required to comply with all operational standards and that the activity is required to comply with all other aspects of the deemed approved regulations. Failure of any person to receive notice given pursuant to this chapter shall not affect the deemed approved status of the activity.
(d)
Enforcement of violations. Deemed approved establishments shall be subject to the same procedures as those identified under Section 88.01815(c) of this Chapter.
(Ord. 465 § 9, 2025)
§ 88.01901 General provisions.
(a)
Purpose. The purpose of this chapter is to specifically require Conditional Use Permits for the operation of Massage Therapy Establishments and confers deemed approved status for such Massage Therapy Establishments that constitute legal nonconforming uses. Enforcement of these provisions shall be subject to the provisions of Chapter 1.12 of the Municipal Code.
(b)
Definitions. The meaning and construction of the words and phrases set forth below shall apply throughout this chapter, except where the context clearly indicates a different meaning or construction, and support the definitions found in Chapter 5.22 of the Municipal Code:
(1)
"Deemed Approved Activity."
Any legal nonconforming massage therapy establishment. Such activity shall be considered a deemed approved activity as long as it complies with the deemed approved performance standards set forth in this chapter.
(2)
"Deemed Approved Status."
The permitted use of land for a deemed approved activity. Deemed approved status replaces legal nonconforming status with respect to a massage therapy establishment and remains in effect as long as the activity complies with the deemed approved provisions and performance standards.
(3)
"Illegal Activity."
An activity which has been determined to be in noncompliance with the provisions found in Chapter 5.22 of the Municipal Code. Such an activity shall lose its deemed approved status and shall no longer be considered a deemed approved activity.
(4)
"Permit."
A Conditional Use Permit issued pursuant to this chapter.
(Ord. 465 § 10, 2025)
§ 88.01905 Conditional use permits for new massage therapy establishments.
(a)
Conditional use permit requirement. The general purpose of these regulations is to protect and promote the public health, safety, comfort, convenience, prosperity and general welfare by requiring consideration and approval of a discretionary land use approval before any new massage therapy establishment is permitted. This chapter alone does not allow or permit any massage therapy establishment, but only applies to these activities where they are otherwise allowed or permitted within an applicable land use or zoning district. Individual on-call massage therapists are not subject to this requirement. Businesses are also required to have a City-issued business license.
(b)
Conditions of establishments. All establishments shall, at a minimum, comply with the provisions listed in Chapter 5.22 of the Municipal Code. Noncompliance with the standards may result in the suspension or revocation of the Conditional Use Permit for the establishment. The City shall utilize its enforcement processes listed under Chapter 1.12 of the Municipal Code, and once the third citation has been issued, the revocation process listed under Section 83.030323 of the Development Code may be initiated.
(Ord. 465 § 10, 2025; Ord. 469 § 4, 2025)
§ 88.01910 Automatic deemed approved status.
(a)
The deemed approved massage therapy establishment regulations shall apply to all massage therapy establishment that are subject to a Conditional Use Permit requirement pursuant to this chapter and that have been legally established and operating, without a Conditional Use Permit, within the City as of the effective date hereof. Each deemed approved activity shall retain its deemed approved status if it complies with the underlying Conditions of Approval for their Massage Therapy Establishment permit under Chapter 5.22 of the Municipal Code. The occurrence of any of the following shall terminate the deemed approved status of the massage therapy establishment and require the issuance of a Conditional Use Permit to continue the massage therapy establishment:
(1)
There is a substantial modification to the mode or character of operation.
(2)
As used herein, the phrase "substantial change of mode or character of operation" includes, but is not limited to, the following:
(A)
The massage therapy establishment increases the floor area dedicated to massage activities, including the addition of beds, rooms, or additional massage therapists during a single shift.
(B)
The massage therapy establishment extends the hours of operation.
(C)
The massage therapy establishment voluntarily discontinues active operation for more than ninety (90) consecutive days or ceases to be licensed by the ABC.
(3)
A substantial change in the mode of character of operation shall not include:
(A)
Reestablishment, restoration or repair of an existing massage therapy establishment on the same premises after the premises have been rendered totally or partially inaccessible by a riot, insurrection, toxic accident or act of God, provided that the reestablishment, restoration or repair does not increase the operation of the massage therapy establishment as it was prior to such event.
(B)
Temporary closure for not more than ninety (90) days in cases of vacation or illness or for purposes of repair, renovation, or remodeling if that repair, renovation, or remodeling does not change the nature of the premises and does not increase the operation of any establishment as it was prior to such event.
(b)
Notification of deemed approved establishments. The City shall notify the owner of each deemed approved activity, and, if not the same, any property owner at the address shown on the property tax assessment records of the activity's deemed approved status. The notice shall be sent by U.S. first class mail and certified mail return receipt requested. This notice shall also restate that the activity is required to comply with all its conditions of approval and all other aspects of the deemed approved regulations. Failure of any person to receive notice given pursuant to this chapter shall not affect the deemed approved status of the activity.
(c)
Enforcement of violations. Deemed approved establishments shall be subject to the same procedures as those identified under Section 88.01905(b) of this Chapter.
(Ord. 465 § 10, 2025)
