Division 4 — LAND USES

This division provides land use regulations as part of the Official Land Use Plan of the City of Yucaipa for the incorporated area in said City.

Except as otherwise provided in the Development Code, when a building, structure or land use is within the incorporated portion of the City the following shall apply.

(a) Buildings or structures shall be erected, reconstructed, structurally altered, enlarged, moved, and/or maintained only for those land uses allowed by and in compliance with the provisions of the Development Code.

(b) 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.

(c) Structures, buildings, and land uses shall be permitted only after applying for and securing all permits and licenses required by all laws and ordinances. The Development Code specifies regulations and additional land uses which apply to all incorporated areas. If other provisions of the Development Code and an applicable land use district are in conflict, the more stringent provision shall prevail, unless such provision is specifically addressed and is modified by a less stringent provision.

The land use district maps showing the Official Land Use Plan, classifications, and boundaries of land use districts and all notations, references, and other information shown thereon, after final adoption in the manner required by law, shall thereafter be as much a part of the Development Code as if all the matters and information set forth by said maps were fully described herein.

The boundaries of such districts shown on any sectional land use district map adopted by the Development Code and General Plan or amendment thereto are hereby adopted and approved. The regulations of the Development Code governing the uses of land, buildings, structures, the height of buildings and structures, the sizes of yards about buildings and structures, and other matters as hereinafter set forth, are hereby established and declared to be in effect upon all land included within the boundaries of each and every district shown upon the Land Use Map. (a) The boundaries of established districts are shown and delineated on the land use district maps entitled “Official Land Use Plan” as amended and as certified by the City Clerk and on file with the Community Development Department, which are hereby adopted as the Official Land Use Plan of the City of Yucaipa.

(b) Changes, additions, and amendments to the Official Land Use Plan shall be determined and defined from time to time by ordinance adopting sectional Land Use District Maps covering portions of the City of Yucaipa, each of which shall become, upon final adoption and certification by the City Clerk, a part of the Official Land Use Plan for the City. (c) Unless otherwise noted, land use district boundaries shall extend to street right-of-way centerlines.

Where uncertainty exists as to the boundaries of any districts shown on the land use district maps, the following rules shall apply.

(a) Where such boundaries are indicated as approximately following street and alley lines or lot lines, such lines shall be construed to be such boundaries.

(b) In unsubdivided property and where a district boundary divides a lot, the locations of such boundaries, unless indicated by dimensions, shall be determined by use of the scale appearing on the map.

(c) Where any uncertainty exists, the Planning Commission shall determine the location of boundaries.

(d) Where a public street or alley is officially vacated or abandoned, the regulations applicable to the property to which it reverts shall apply to such vacated or abandoned street or alley.

The City Council may act upon changes in classification of property from one or more adopted land use districts to other adopted land use districts and upon amendments to the text of land use districts at any time.

ARTICLE 1

ADDITIONAL AGRICULTURE (AA) OVERLAY DISTRICT

Sections:

• 85.040101 General Provisions

• 85.040120 Additional Agriculture

85.040101 General Provisions.

(a) Intent

The Additional Agriculture (AA) Overlay District creates, preserves, and improves areas for small and medium-scale agricultural enterprises utilizing productive agricultural lands for raising, some processing, and sale of plant crops, animals, or their primary products. It is an overlay district where agricultural uses exist compatibly with a variety of rural residential lifestyles.

(b) Locational Requirements

The Additional Agriculture Overlay District is appropriate when it will serve to protect and enhance an area which is a neighborhood or community that is substantially occupied by rural-type, single family homes on large parcels and is predominantly used for small-scale, commercial agricultural activities.

(c) Designation

The Additional Agriculture Overlay District shall be designated by the symbol (AA) on the City of Yucaipa Official Land Use Plan.

(d) Development Standards

This section establishes regulations to allow animal raising as a primary use of land. All animal raising land uses shall comply with public health laws regarding proper care and maximum number of animals.

85.040120 Additional Agriculture.

The following permitted land use categories shall be responsive to the agricultural needs of the community or region.

(a) Permitted Additional Animals

• (b) Additional Animal Uses Subject to a Conditional Use Permit

• (1) Commercial kennels and catteries; minimum parcel size of two acres.

• (2) Agricultural Support Services.

(3) Animal raising of densities greater than or the raising of animal types different than those permitted by this section (commercial poultry ranches restricted to a minimum of 10 acres).

• (4) Cow and goat dairies, parcel shall be 10 acres or more.

• (5) Hog ranches and calf-growing ranches, parcel shall be five acres or more.

ARTICLE 2

ALTERNATE HOUSING STANDARDS (AH) OVERLAY DISTRICT

Sections:

85.040201 General Provisions

85.040210 Development Standards

85.040201 General Provisions.

(a) Intent

The Alternate Housing (AH) Standards Overlay District is intended to provide an alternative to the residential standards as specified by Division 8 of this Code.

(b) Locational Requirement

The Alternate Housing Standards Overlay District may overlay any district which provides for single family

residential uses. An Alternate Housing Standards Overlay District shall encompass a minimum area of 40 acres.

(c) Designation

The Alternate Housing Standards Overlay District shall be designated by the symbol (AH) on the City of Yucaipa Official Land Use Plan.

85.040210 Development Standards.

Homes installed on property designated with an AH overlay district shall comply with the construction standards specified by subsections 88.0101(a), (e), (f) and (g) and the following standards.

• (a) The minimum floor area shall be 725 square feet, measured from the exterior of the structure.

• (b) The minimum floor width shall be 14 feet, measured from the exterior of the structure.

• (c) In lieu of the eave and gable requirement, the following may be utilized.

• (1) An attached patio or porch covering a minimum of 50 square feet and,

• (2) A full rain gutter system

ARTICLE 3

MOBILEHOME PARK (MHP) OVERLAY DISTRICT

Sections:

• 85.040301 General Provisions

• 85.040305 Development Standards

• 85.040310 Definitions

• 85.040315 Land Use Regulations

• 85.040320 Limitations on Rentals

85.040301 General Provisions.

(a) Intent

The Mobilehome Park Overlay District is intended to promote the maintenance and viability of existing mobilehome parks through appropriate zoning. It is an overlay district where mobilehome parks are established as the primary land use in order to limit the conversion of existing affordable housing to other land uses.

The Senior Mobilehome Park Overlay District is intended to preserve a variety and balance of housing types within the City, and it provides assurances that existing senior mobilehome parks within the Mobilehome Park Overlay

District will remain exclusively available to seniors.

(b) Locational Requirements

The Mobilehome Park Overlay District may overlay any property which provides for mobilehome park developments.

(c) Designation

The Mobilehome Park Overlay District shall be designated by the symbol (MHP1) on the City of Yucaipa Official Land Use Plan. The (MHP1) designation applies to all of the forty-two (42) mobilehome parks that exist in the City of Yucaipa as of the effective date of the ordinance codified in this section.

The Senior Mobilehome Park Overlay District shall be designated by the symbol (MHP2) on the City of Yucaipa Official Land Use Plan. The (MHP2) designation applies to all of the twenty-two (22) senior mobilehome parks that exist in the City of Yucaipa as of the effective date of the ordinance codified in this section.

The Mobilehome Park Overlay District 3 shall be designated by the symbol (MHP3) on the City of Yucaipa Official Land Use Map. The (MHP3) designation applies to all mobilehome parks designated by the City Council of the City of Yucaipa eligible for conversion to another use. (Amended by Ord. 289 §§ 5, 6, 2009; Ord. 344 § 2, 2016)

85.040305 Development Standards.

(a) Mobilehomes installed on property designated with an MHP overlay shall comply with the construction standards specified by Section 88.0101(a).

(b) Conversion of a mobilehome park to another use shall require approval of a Relocation Impact Report, including Relocation Plan, in accordance with Article 3.5 of this chapter, and compliance with all applicable development standards and entitlement procedures of this Code for the proposed conversion of use. Only properties designated as MHP3 shall be eligible for conversion to another use pursuant to Article 3.5. If a proposed conversion of use of MHP3-designated property requires a subdivision of land, such property shall not be converted to another use without also first complying with Section 83.040205(a)(2)(K) of Article 2 of Chapter 4 of this Code. Upon approval of a Relocation Impact Report, with Relocation Plan, pursuant to Article 3.5 for an MHP3-designated property, such property shall continue to be maintained, operated and developed in accordance with the requirements of Chapter 3 of Division 8 of Division 3 of this Code and Chapter 15.20 of the Municipal Code until implementation of a conversion project. All other property designated with an MHP1 or MHP2 overlay shall not be converted to other uses without first obtaining a General Plan Land Use District Change in accordance with Section 83.020105 of this Code and complying with all other applicable provisions of this Code for the proposed use.

(c) Property designated with an MHP overlay shall be developed in accordance with the requirements of Chapter 3 of Division 8 of this Code.

(d) No Senior Mobilehome Park located within the MHP2 District shall convert to a non-senior mobilehome park. (Amended by Ord. 289 § 7, 2009; Ord. 344 § 3, 2016)

85.040310 Definitions.

The following terms shall have the following meanings for the purposes of this article:

(a) “Concessions” or “incentives” mean any concession or incentive issued or awarded to a project by the City by virtue of the project qualifying as a senior housing project. Concessions and incentives shall include, but are not limited to: (1) receipt of a density bonus, incentive, or lower parking requirements consistent with Government Code Section 65915(b)(3); (2) any preference received on account of qualifying as “housing for older persons” under Federal law, having been “designed to meet the physical and social needs of senior citizens” under State law, or qualifying as a “senior citizen housing development” as defined under Civil Code Section 51.3 or 51.11, or similar authority; (3) any development

nsistent with Government Code Section 65915(b)(3); (2) any preference received on account of qualifying as “housing for older persons” under Federal law, having been “designed to meet the physical and social needs of senior citizens” under State law, or qualifying as a “senior citizen housing development” as defined under Civil Code Section 51.3 or 51.11, or similar authority; (3) any development

which received any benefit pursuant to Section 65995 et seq. (relating to lowered developer fees to fund school construction); or (4) any other reduction in design or development standards, financial assistance, or other development related concession or incentive that the project received from the City on account of the project intending to become, or for actually becoming a senior housing project.

(b) “Convert” or “conversion” means changing from a senior mobilehome park to a mobilehome park that could not qualify as a senior mobilehome park.

(c) “Mobilehome” is a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Vehicle Code Section 35790. Mobilehome does not include a recreational vehicle, as defined in Civil Code Section 799.4, or a commercial coach, as defined in Health and Safety Code Section 18218. For the purposes of this section, the term “mobilehome” includes “manufactured home.”

(d) “Mobilehome park” is an area of land where two or more mobilehome or manufactured home sites are located to accommodate mobilehomes used for human habitation. This definition shall include rental mobilehome parks where mobilehome spaces are rented or held out for rent. Mobilehome park shall also include a mobilehome subdivision, condominium, or stock cooperative in which specific ownership rights are acquired by the space occupants within the mobilehome park.

(e) “Senior mobilehome park” means a mobilehome park in which at least eighty (80) percent of the spaces are occupied by, or intended for occupancy by, at least one person who is fifty-five (55) years of age or older, or in which one hundred (100) percent of the spaces are occupied or intended for occupancy by persons sixty-two (62) years of age or older, or that, at the time of initial City approval, which approval occurred subsequent to the effective date of the ordinance codified in this section, received a concession or incentive from the City. (Added by Ord. 289 § 8, 2009)

85.040315 Land Use Regulations.

At least eighty (80) percent of the spaces in mobilehome parks in the Senior Mobilehome Park Overlay District shall be occupied by at least one person fifty-five (55) years of age or older. If an existing mobilehome park met this qualification on January 1, 2009, and fell below the eighty (80) percent requirement between that date and the effective date of the ordinance codified in this section, the Senior Mobilehome Park Overlay District shall be applied to that mobilehome park and that park shall be required to operate as a senior mobilehome park by renting spaces and mobilehomes only when at least one occupant of the mobilehome is fifty-five (55) years of age or older. The signage, advertising, park rules, regulations, rental agreements and leases for spaces in a senior mobilehome park in the MHP2 Overlay District shall state that the park is a senior park. (Added by Ord. 289 § 9, 2009)

85.040320 Limitations on Rentals.

Spaces and mobilehomes in a mobilehome park in the Senior Mobilehome Park Overlay District shall be rented only to occupants who meet the age requirement set forth in Section 85.040315, provided, however, that if the occupants of a space or mobilehome who do not meet this requirement rented the space or mobilehome before the effective date of the ordinance codified in this section, they shall be allowed to remain, and provided further that when such occupants cease to occupy a space or mobilehome, the mobilehome and space cannot thereafter be rented except to occupants who meet that age requirement. (Added by Ord. 289 § 10, 2009)