Chapter 3 — LAND USE DESIGN PROCEDURES — Yucaipa Zoning Code

ARTICLE 1

CONDITIONAL USE PERMIT

Sections:

83.030105 Conditional Use Permit Review Criteria

83.030110 Types of Conditional Use Permit Authorizations

83.030115 Procedures

83.030120 Conditional Use Permit Review

83.030125 Alteration to Nonconforming Uses

83.030130 Design Conditional Use Permit

83.030135 Agricultural Support Service

83.030140 Surface Mining and Reclamation

83.030145 Hazardous Waste Facilities

83.030105 Conditional Use Permit Review Criteria.

A Conditional Use Permit or alternate review procedure as allowed by this section shall be required for the construction, alteration, or expansion of every use that is allowed by a land use district subject to a Conditional Use Permit. Additionally, a Conditional Use Permit shall be required for the following:

(a) A Conditional Use Permit shall be required for the conversion of non-conforming structures from one primary land use classification to another (e.g., remodeling of a residential structure for retail commercial or industrial use).

(b) A Conditional Use Permit shall be required for the establishment of any type of land use that proposes to house between two (2) to six (6) parolees. In addition, a new Conditional Use Permit shall be required for the following actions:

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

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

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

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

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

(d) Off-Sale General (Type 21) alcohol establishments where 10% or more of the retail area is dedicated to alcohol sales.

(Amended by Ord. 142 §§ 1(C), 1995: Ord. 210 § 5, 2001; Ord. 247 § 2, 2005; Ord. 465 § 2, 2025)

83.030110 Types of Conditional Use Permit Authorizations.

(a) Conditional Use Permit Review
(b) Alterations to Nonconforming Uses
(c) Agricultural Support Service
(d) Surface Mining and Reclamation Plans

83.030115 Procedures.

Conditional Use Permits are intended to provide an opportunity to review the location, design and manner of development of land uses prior to their implementation. Uses subject to Conditional Use Permits are established through Public Hearing or Administrative Review procedures. Once established minor expansions and adjustments to uses that are subject to a Conditional Use Permit may be accommodated through the Land Use Compliance Review process.

83.030120 Conditional Use Permit Review.

(a) Procedure: Public Hearing

(b) Reviewing Authority:

Planning Commission

(c) Findings

Prior to approving an application for a Conditional Use Permit, the reviewing authority shall find and justify that all of the following are true.

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

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

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

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

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

(6) The design of the site has considered the potential for the use of solar energy systems and passive or natural heating and cooling opportunities. (Amended by Ord. 210 § 6, 2001)

83.030125 Alteration to Nonconforming Uses.

(a) Procedure:

Public Hearing

(b) Reviewing Authority:

Planning Commission

(c) An existing nonconforming use may be altered to accommodate a new structure or accessory use, except where it is an existing nonconforming use of land with no structure thereon.

(d) Findings

Before any modification in a nonconforming use may be granted, it shall be found that all of the following conditions shall exist in reference to the alteration being considered.

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

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

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

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

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

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

(7) Any alteration required by governmental or court action shall be exempt from these conditions. (Amended by Ord. 210 § 8, 2001)

83.030130 Design Conditional Use Permit.

Any Conditional Use Permit submittal which is determined by the Community Development Director to warrant more detailed review may be forwarded to the Development Review Committee (DRC) for review and recommendation prior to action by the reviewing authority.

83.030135 Agricultural Support Service.

When agricultural support services are allowed subject to a Conditional Use Permit, the following findings shall be made prior to approval of the Conditional Use Permit.

(a) The proposed use is of an appropriate size and scale that will not create a conflict with existing or planned uses of adjacent properties.

(b) The proposed use is incidental and subordinate to existing agricultural uses located within the general vicinity.

(d) The methods of solid waste, sewage, and wastewater disposal are safe, practical, and will not adversely affect surrounding properties and underground water supplies.

(e) The approval of the proposed use will not serve to detract from the agricultural character of the area.

(f) The proposed use will not have a substantial adverse effect on the service support capacity of the area’s infrastructure, including groundwater supply.

83.030140 Surface Mining and Reclamation.

State law required a public hearing review for the Surface Mining and Reclamation process. The Mining and Land Reclamation Plan Application combines a Conditional Use Permit and Reclamation Plan into one application.

83.030145 Hazardous Waste Facilities.

(a) To apply for a Conditional Use Permit (CUP) for a Hazardous Waste Facility, a General Plan Amendment Application must be filed concurrently with the CUP, as a Hazardous Waste Overlay District must be applied to the facility site.

(b) For a complete discussion of the review procedures required for a specified hazardous waste facility, refer to Section 5.3.3 and Table 5-4 of Chapter 5 of the Yucaipa Hazardous Waste Management Plan.

ARTICLE 2

PLANNED DEVELOPMENT REVIEW

Sections:

83.030205 Purpose

83.030210 Reviewing Authority

83.030220 Findings

83.030225 Concurrent Subdivision Applications

83.030230 Development Plans

83.030205 Purpose.

The planned development process is intended to facilitate development of properties where greater flexibility in design is desired to provide a more efficient use of land than would be possible through the strict application of land use district regulations. This process is also intended to serve as an alternative site planning process that encourages the more creative and imaginative planning of mixed use, multiphased residential, commercial, or industrial developments within the framework of a single cohesive development plan.

83.030210 Reviewing Authority.

The Planning Commission shall review and the City Council shall act upon all initial applications for preliminary development plans and significant revisions to previously approved preliminary development plans for planned developments. However, a recommendation for denial by the Planning Commission shall terminate any application for a planned development, unless it is appealed in accordance with the provisions of this Code. The Planning Commission shall review and act upon all applications for final development plans for planned developments. The Development Review Committee shall review all applications for preliminary or final development plans prior to their review by the Planning Commission or City Council.

83.030220 Findings.

Prior to approving a request for a planned development, the reviewing authority shall find that all of the following are true.

(a) The proposed development is consistent with the City’s General Plan and any other applicable plan.

(b) The physical characteristics of the site have been adequately assessed and the site for the proposed development is adequate in size and shape to accommodate said use and all yards, open spaces, setbacks, walls and fences, parking areas, loading areas, landscaping, and other features required.

(c) The site for the proposed development has adequate access, meaning that the site design and development plan conditions consider the limitations of existing streets and highways and provide improvements to accommodate the anticipated requirements of the proposed development.

(d) Adequate public services and facilities exist, or will be provided in accordance with the conditions of development plan approval, to serve the proposed development, and the approval of the proposed development will not result in a reduction of such public services to properties in the vicinity to be a detriment to public health, safety, and welfare.

(e) The proposed development, as conditioned, will not have a substantial adverse effect on surrounding property or the permitted use thereof and will be compatible with the existing and planned land use character of the surrounding area.

(f) The improvements required per the conditions of development plan approval and the manner of development adequately address all natural and manmade hazards associated with the proposed development and the project site including, but not limited to, flood, seismic, fire, and slope hazards.

(g) The proposed development carries out the intent of the planned development provisions by providing a more efficient use of the land and an excellence of design greater than that which would be achieved through the application of conventional development standards.

(h) If the development proposes to intermix residential and commercial uses, whether done in a vertical or a horizontal manner, the residential use is designed in such a way that it is buffered from the commercial use and is provided sufficient amenities to create a comfortable and healthy residential environment and to provide a positive quality of life for the residents. Such amenities may include, but are not limited to, private open space, private or separated entrances, landscaping, etc.

83.030225 Concurrent Subdivision Applications.

Applications for a planned development shall not constitute an application for subdivision. If a subdivision of land is proposed in conjunction with a planned development project, separate application, review, and findings shall be made in accordance with the provisions of this Code.

In the event a tentative subdivision map application is concurrently filed with a planned development application, expiration of an approved or conditionally approved planned development site plan shall terminate all proceedings or any associated land use application. No final subdivision map or parcel map of all or any portion of the real property included within such a planned development site plan shall be filed for record without first processing a new planned development site plan.

83.030230 Development Plans.

A detailed site plan or development plan shall be submitted with all planned development proposals. All such proposed development plans shall contain sufficient detail to depict the manner in which the proposed development

complies with the provisions of this article and that of Division 8 of this Code.

Planned development requests for mixed use projects or projects with more than 100 dwelling units shall be submitted in two stages. The first stage shall be referred to as a Preliminary Development Plan and the second stage shall be referred to as a Final Development Plan. Preliminary Development Plans and Final Development Plans are defined as follows.

(a) Preliminary Development Plan

A Preliminary Development Plan (PDP) functions as a development suitability analysis and a comprehensive plan of the proposed development. The PDP should accomplish the following.

(1) Identify and quantify the constraints and opportunities for development as follows.
(A) The physical characteristics of the site
(B) Available public services and facilities
(C) The capacity of the existing circulation system
(D) The existing and planned land use of adjacent properties
(2) Establish a list of specific limits, parameters, and planning objectives to guide development based on the identified development constraints and opportunities.
(3) Describe one or more potential development schemes derived from the limits, parameters, and planning
objectives controlling the development. Each proposed development scheme shall describe the following.
(A) Propose land uses and approximate distribution of such land uses
(B) Proposed density of residential uses
(C) Estimated population
(D) Estimated service demands
(E) The anticipated impact on the existing circulation system
(F) The anticipated impact on adjacent properties
(G) The relationship of the plan to the various elements of the City’s General Plan
(H) The anticipated types of commercial and industrial uses
(4) Set forth in the form of a written text, maps and/or diagrams, a detailed plan of development based upon the
application of the established limits, parameters, and planning objectives controlling development. Said plan shall describe in detail the following.
(A) Proposed land uses and building types, the functional arrangement of such uses and building types and
relationship to site, site grading, circulation, lighting, paving, parking, screening, setbacks, recreation and open space areas, and adjacent properties
(B) How the established limits, parameters, and planning objectives have been adhered to
(C) The level of public services and facilities required by the proposed development and the program for providing, operating, and maintaining such services and facilities
(D) Access and circulation requirements
(E) Known manmade and natural hazards and methods for mitigation of such hazards
(F) Significant natural features and areas to be retained for common open space and provisions for the preservation, conservation, utilization, and maintenance of such areas
(G) How the plan conforms to the objectives of the City’s General Plan and the planned development provisions of this Code
(b) Final Development Plan

The Final Development Plan is a detailed site plan which sets forth the location and dimensions of all uses and structures in sufficient detail to permit recordation and preparation of construction drawings.

The Final Development Plan shall comply with all approved Preliminary Development Plans. If no such Preliminary Development Plan has been approved, the Final Development Plan shall also meet the requirements for Preliminary Development Plans for the project site.

(c) Application Procedures For Staged Development
(1) An applicant may file the Preliminary with the Final Development Plan, with the consent of the Community Development Director.

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

(A) Each phase shall function as a complete and separate development from the remaining phase.

(B) Any densities proposed or open space areas provided within the subject phase shall not result from a transfer of density from adjoining phases.

(d) Preapplication Conference

Prior to the formal submission of a planned development application, the applicant shall meet with the Development Review Committee in order to acquaint the applicant with the procedural requirements of the planned development provisions of this Code and to discuss the general acceptability of the plan and its compatibility with applicable policies, issues, and development regulations. The preapplication conference shall be required for mixed use, staged development plans only.

(e) Conformance of Plans

Each final development plan shall substantially conform to the preliminary development plan.

ARTICLE 3

LAND USE COMPLIANCE REVIEW

Section:

83.030305 Procedures

83.030323 Revocation

83.030305 Procedures.

(a) A Land Use Compliance Review application is required to accomplish the following:

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

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

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

(4) Authorize the construction or addition of new freestanding or monument signs.

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

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

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

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

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

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

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

(b) The Land Use Compliance Review applies to developments that were subject to a Conditional Use Permit authorization or those uses that were legally established prior to establishment of regulations that required Conditional Use Permit authorizations or similar authorizations.

Staff Review without Notice

(d) Reviewing Authority

Community Development Director

(Amended by Ord. 204 § 3, 2001; Ord. 210 § 9, 2001; Ord. 298 § 5, 2010; Ord. 359 §§ 3, 4, 2017; Ord. 465 § 3, 2025; Ord. 470 § 2, 2025)

83.030323 Revocation.

(a) Any land use permit granted in accordance with the terms of this Chapter shall be revoked if a finding is made that:

(1) Any of the conditions or terms of such permit are violated; or
(2) Any law or ordinance violated in connection therewith; or
(3) The permit was obtained by fraud or misrepresentation; or
(4) The use permit as implemented is detrimental to the public health or safety or is a nuisance.

(b) The Planning Commission shall hold a public hearing on any proposed revocation after giving ten (10) days' notice prior to the hearing. The Planning Commission shall report in writing its recommendation to revoke, modify or allow the use permit to remain unchanged to the City Council. The City Council shall hold a public hearing and shall determine the facts and may revoke, modify or allow the use permit to remain unchanged.

(Added by Ord. 469 § 2, 2025)

ARTICLE 4

PLANNING USE PERMIT

Sections: 83.030405 Purpose

83.030410 Procedures

83.030405 Purpose.

The purpose of the Planning Use Permit process is to provide a streamlined review mechanism for single purpose, small-scale development within the City of Yucaipa.

83.030410 Procedures.

(a) The Planning Use Permit procedure may be used in lieu of a Conditional Use Permit that is otherwise required by this Code, provided that the proposal complies with the qualification criteria for Planning Use Permit review.
(b) Planning Use Permit Review Criteria
(1) The proposed project must be categorically exempt from California Environmental Quality Act.
(2) The proposed project is adjacent to one or more abutting properties in the same land use district which are developed or is proposed to serve the needs of the travelling public or rural residents.
(3) There is existing supportive infrastructure (roads, water, sewer or septic, etc.) to accommodate the proposed use that is consistent with the designated improvement level.
(4) The proposed project cannot be dependent upon the concurrent filing of any other land use application.

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

If the proposed project fails to satisfy any of the above listed criteria, it will be subject to a Conditional Use Permit. (c) The Planning Use Permit will provide an expedited review for small-scale development through the utilization of the review criteria and concurrent project review (plot, construction, and improvement plans) by the Offices of Planning, Building and Safety, and Engineering and the use of standardized conditions of project approval.

(d) The Community Development Director may determine that a proposed project requires a Conditional Use Permit review based on a determination that the project has generated sufficient controversy or concern to require a more detailed review.

(e) Procedure:

Public Hearing

(f) Reviewing Authority:

Planning Commission

(g) Findings

Prior to approving an application for a Planning Use Permit, the reviewing authority shall find the following. (1) The site for the proposed use is adequate in size and shape to accommodate the proposed use and all yards, open spaces, setbacks, walls and fences, parking areas, loading areas, landscaping, and other required features.

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

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

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

(6) The design of the site has considered the potential for the use of solar energy systems and passive or natural heating and cooling opportunities. (Amended by Ord. 210 § 10, 2001)

ARTICLE 5

CERTIFICATE OF LAND USE COMPLIANCE

Sections:

83.030505 Procedures

83.030505 Procedures.

(a) Purpose. A zoning clearance is a ministerial procedure used by the City to verify that a proposed land use and associated business within a physical site in the City complies with the City's Development Code and is a permissible use within the subject land use district and that it also complies with the occupancy requirements of the existing or proposed structure.

(b) Applicability. A zoning clearance is required prior to the operation of any new business, or any change of business entering a physical site within the City of Yucaipa.

(c) Application Content. The application shall include all information available on the scale and intensity of the proposed business to assist staff in its review of compliance.

(d) Procedure

Staff Review without Notice

(e) Reviewing Authority

Community Development Director

(f) Conditions of Approval. No new conditions of approval shall be issued with an associated with a zoning compliance certification; however, disclosures or specific requirements may be attached to a zoning clearance to identify any high-level permit requirement, such as NPDES reporting requirements, Fire Department inspections or Hazardous Waste reporting requirements, or if any land use entitlements or building permits that are necessary to authorize the business/land use as part of the zoning compliance approval. Absent these disclosures, the Conditions of Approval from the prior land use entitlements would continue to apply regardless of the zoning clearance.

(g) Acknowledgment. A zoning clearance approval shall not become effective until the applicant submits a written acknowledgment and agreement to operate the proposed use in a manner that is consistent with the activity described in the approval.

(Amended by Ord. 471 § 2, 2025)

ARTICLE 6

SPECIAL USE PERMIT

Sections:

83.030605 Procedures

83.030605 Procedures.

(a) The Community Development Director shall review and act upon requests for Special Use Permits subject to the findings and conditions for each use type as cited within the section of this Code that provides for said use. (b) Procedure

Staff Review with Notice

Community Development Director

(d) When necessary, the Community Development Director may hold an advertised meeting to consider evidence and take testimony prior to acting upon an application for a Special use Permit.

ARTICLE 7

TEMPORARY USE PERMIT

Sections:

83.030705 Procedures

83.030705 Procedures.

(a) The Community Development Director or Building Official shall review and act upon all requests for Temporary Use Permits (TUP) or extensions thereof, subject to the findings and conditions specified for each use by the section of this Code that provides for said use.

(b) Temporary Use Permits shall be first issued for a period of time not to exceed twenty-four (24) months. Extensions to such permits may be granted for additional periods of time, each of which shall not exceed twenty-four (24) months. A Temporary Use Permit that is extended shall comply with the procedures, findings, and conditions specified by this Code.

(1) A Temporary Use Permit shall not be extended by any reviewing authority for any period of time to exceed ten

(10) years after the date the Temporary Use Permit was first issued.

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

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

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

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

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

Staff Review without Notice

(d) Reviewing Authority

Community Development Director or Building Official

(e) Cancellation of a Temporary Use Permit

Noncompliance with the conditions set forth in approving the permit shall be grounds for the reviewing authority to cancel and void any Temporary Use Permit. The reviewing authority shall give notice of such an action to the permittee. The permittee may appeal such a decision by filing an appeal as allowed and specified in this chapter. (Amended by Ord. 186 §§ 8—9, 1998; Ord. 210 § 11, 2001)