Chapter 2 — HAZARD PROTECTION — Yucaipa Zoning Code

ARTICLE 1

FIRE SAFETY (FR) OVERLAY DISTRICT

Sections:

85.020201 Intent

85.020205 Locational Requirements

85.020210 General Provisions

85.020215 Division of Review Areas

85.020220 Area FR1, FR2 and FR3 Requirements

85.020225 Additional Area I (FR1) Requirements

85.020230 Alternate Hazard Protection Measures

85.020201 Intent.

The Fire Safety Overlay District is created to provide greater public safety in areas prone to wildland brush fires by establishing additional development standards for these areas.

85.020205 Locational Requirements.

The Fire Safety Overlay District shall be designed in high fire hazard areas as mapped on the City General Plan Hazards Maps with the locations derived from the California Department of Forestry and U.S. Forest Service, and may be updated from time to time. The most current version of the state's Fire Hazard Severity Zones shall officially govern.

(Amended by Ord. 465 § 18, 2025)

85.020210 General Provisions.

(a) The provisions of this section shall apply to all phases of a development project.

(b) A notice of all land use applications and/or development permits that would lead to the construction of structures or the subdivision of land within the Fire Safety Overlay District shall be filed with the responsible fire authority by the Community Development Department.

(c) All proposed land use applications that would lead to the construction or expansion of a structure or the subdivision of land shall be submitted to the responsible fire authority or review and recommendation. Any recommendations received shall be indicated in any staff report and/or presentation for the proposed development and shall be incorporated into the conditions of approval where possible.

(d) All proposed development must meet all other applicable standards set forth by the responsible fire authority.

(e) The development standards established by a land use district and any applicable overlay district shall apply, except where a planning area provision provides that a different standard shall apply.

(f) When an addition, alteration, enlargement or reconstruction of a structure equals or exceeds 50% of the existing structure or 25% of the roof for the roofing requirements only, the provisions of Subsections 85.020220(a)(b)(1)(C) and 85.020225(a) regarding construction requirements shall apply to the entire structure and/or the whole roof as applicable. Such structures and/or roofs shall be entirely retrofitted to comply with the provisions of this section.

85.020215 Division of Review Areas.

The Fire Safety Overlay District is divided into three review areas, each of which represents a different level of wildland hazard. A different set of requirements is applied in each review area. The provisions for these requirements are cumulative in that all of the requirements that are specified for Fire Safety Review Area 2 shall also apply to Fire Safety Review Area 1, in addition to those specified for only Fire Safety Review Area 1.

(a) Fire Safety Review Area 1 (FR1)

Fire Safety Review Area 1 includes wildland areas that are marginally developable, areas which are not likely to be developed, and the area of transition between wildlands and areas that are partially developed or are likely to be developed in the future. The area of transition is often characterized by an abrupt slope change. Natural hazards are prevalent throughout Area 1, especially in areas with natural ungraded slops greater than 30%. Area 1 includes areas of very high to extreme fire hazard.

(b) Fire Safety Review Area 2 (FR2)

Land within Area 2 is relatively flat and is either partially or completely developed, or, if it is not developed, is usually suitable for development. Present and future development within Area 2 is exposed to the impacts of wildland fires and other natural hazards primarily due to its proximity to Area 1.

85.020220 Area FR1, FR2 and FR3 Requirements.

(a) Construction Requirements

(1) Roof coverings shall be either non-combustible or fire-retardant with a minimum Class A rating, as defined in the Uniform Building Code. Class A wood shake or shingle roof coverings shall have passed a 10-year natural weathering test, and proof of such test shall be provided to the Building Official prior to the issuance of a building permit. (2) Every chimney used in conjunction with any fireplace or any heating appliance in which solid or liquid fuel is used shall be maintained with a spark arrester. An approved spark arrester shall mean a device constructed of stainless steel, copper, or brass, woven galvanized wire mesh, 12-gauge minimum of three-eights (3/8) inch minimum to onehalf (1/2) inch maximum openings, mounted in or over all outside flue openings in a vertical and near vertical position, adequately supported to prevent movement and visible from the ground.

(3) Louvers, ventilators, or openings in walls, roofs, attics, and underfloor areas having headroom less than four feet in height which are not fitted with sashes or doors shall be covered with wire screen. The screen covering such openings shall be of galvanized metal or copper and shall have a maximum mesh of one-quarter (1/4) inch.

(4) Eave-type attic ventilators are prohibited.

(5) The space between rafters at exterior walls shall be solidly filled with tight-fitting wood blocks at least one and one-half (1 1/2) inches thick.

(6) Fuel tanks (e.g., liquefied petroleum tanks) shall be located at least 10 feet away from any structure and in accordance with the Uniform Fire Code, the Table of Projections, and the Storage Standards specified by Fire Hazard Performance Standards in Chapters 5 and 9 in Division 7 of this Title.

(7) All non-accessory buildings shall have reflective and non-combustible building address numbers with at least three-inch high lettering visible from the road on which the structure fronts.

(8) All buildings on lots which abut a National Forest that were created after March 9, 1988 shall be set back at least 30 feet from the boundary of the San Bernardino National Forest.

(9) Structures in areas with slopes exceeding 30% and 30 feet in height shall comply with the following.

(A) Where structures are proposed or within 200 feet of slopes that are greater than 30% prior to grading and where such slopes are at least 30 feet in height, the vegetation on such slopes shall be treated in such a manner that it

becomes a fuel modified area. Such fuel modified areas shall be maintained for either the entire slope, or 100 feet, or to the property line, whichever distance is less.

(B) Where grading is utilized which does not conform to the natural slope and the graded area is adjacent to natural ungraded slopes which are greater than 30% and which are greater than 30 feet in height, structures shall be set back at least 30 feet from the edge(s) of the graded area adjacent to such natural ungraded slopes.

(10) All areas used for the storage of firewood or other flammable materials shall either be at least 30 feet away from all structures, or wholly enclosed within a structure.

(11) Fire hydrants shall be identified by a method specified by the Fire Authority.

(12) There shall be vehicular access at least 12 feet in width to within at least 10 feet of any static water source including pools, lakes, swimming pools, reservoirs, and water storage tanks. Access shall be either to a plumbed outlet with two and one-half (2 1/2) inch National Hose Thread Fitting, or directly to the source. This requirement shall be waived if the fire authority determines that the water source is sufficiently below the elevation of existing or proposed roads or driveways to make drafting of water from the source through a plumbed outlet infeasible, and that direct vehicular access to the water source would require an impractical extension of a road or driveway.

(b) Building Separations.

(1) Building Separation Standards.

(A) All buildings on parcels created after the effective date of this section and all other parcels with lot widths 60 feet or greater shall have exterior wall separations of at least 30 feet.

(B) All buildings on parcels created prior to the effective date of this section with lot widths less than 60 feet shall have interior side yard setbacks of 20% of the lot width, provided that such interior side yards shall not be less than five feet and need not exceed 15 feet. In no case shall exterior wall separations be less than 10 feet for all buildings, including those on adjoining parcels.

(C) When exterior walls of residential and accessory buildings or portions thereof are within 15 feet of interior side or rear lot lines, or the exterior wall separation is less than 30 feet, the following shall apply: 1) the outside of all such exterior walls or portions thereof shall be covered with materials which are approved for exterior locations and are of fire-resistive construction as defined in the Uniform Building Code; 2) all exterior doors made of wood or wood

portions shall be solid core wood; and 3) windows, sliding glass doors or glass inserts in doors shall be constructed of approved dual-pane glass.

(2) Intent of Standards

The intent of the exterior wall separation standards is to reduce the exposure and risk from adjacent structural fires and to reduce the potential spread of fire from structure to structure.

(3) Alternate Measures (Exterior Wall Separation)

Pursuant to Section 85.020230 of this section and dependent upon site specific conditions, the following measures or combinations thereof may be substituted for the exterior wall separation requirements for all buildings specified in Subsection 85.020220(b)(1)(A) above, provided that in no case shall such exterior wall separations be less than 10 feet.

(A) The expansion of fuel modified areas around the perimeter of the development project beyond that required through the provisions of this section or other parts of the City Code

(B) A substantial transfer of density from steeper slopes, including areas with slopes less than 30% if they exist on site, to less steep areas within the development project

(C) Clustering of structures away from the development perimeter and away from fire hazard areas
(D) The provisions of more fire-resistive construction standards than normally required through the provisions of the Fire Safety (FR) Overlay District and otherwise required through the Uniform Building Code or Uniform Fire Code

(E) Other alternate measures if approved by the Planning Agency pursuant to the provisions of Section 85.020230 of this Article

(1) All development projects and each phase thereof, except for a development project located exclusively on a culde-sac, shall have a minimum of two points of vehicular ingress and egress, designed to City road standards, with a minimum width of 26 feet of all weather surface as defined in the Uniform Fire Code, from existing and surrounding streets. One such point of vehicular access may be an emergency access route with an all-weather surface, if the Planning Agency makes and justifies all of the following findings.

(A) Two points of non-emergency access shall be physically infeasible.
(B) Provisions shall be made to reasonably ensure that the emergency access will be maintained.
(C) Based on the review and consideration of the Fire Authority’s recommendation, the emergency access route will provide adequate vehicular ingress and egress during emergencies.

(2) All development projects shall provide 6-inch or larger circulating (loop) water mains as required by the Uniform Fire Code and proper hydrant location and spacing, and shall have sufficient water storage capacity to provide the minimum fire flow duration requirements (gallons per minute [GPM] for a minimum number of hours or portions

thereof) as specified by the minimum system standards established by the Fire Authority. Circulating (loop) mains are not required for cul-de-sacs and are not required for subdivisions that exclusively take all access from cul-de-sacs. In areas not served by water purveyors, on-site fire flow and water storage requirements will be as specified by the Uniform Fire Code.

(3) All public or private streets within or bordering a development project shall have noncombustible and reflective street name signs designed to City standards and visible at all street intersections.
(4) Fuel Modification Areas

(A) A permanent fuel modification area may be required around development projects or portions thereof that are adjacent or exposed to hazardous fire areas for the purpose of fire protection. The recommended width of the fuel modification area shall be determined by the responsible Fire Authority in conjunction with the County Fire Warden, but in no case shall it be less than 100 feet in width as measured from the development perimeter. The width of the fuel modification area shall be determined based upon the following factors.

(I) The natural ungraded slope of the land within the project and in the areas adjacent to the project
(II) Fuel Loading
(III) Access to the project and direct access to the fuel-modified area
(IV) The on-site availability of water that can be used for fire fighting purposes
(V) Adequate provisions shall be made for the continual maintenance of such areas and, where feasible, such areas shall be designated as common open space rather than private open space.
(VI) Fuel modification areas shall also incorporate soil erosion and sediment control measures to alleviate permanent scarring and accelerated erosion.

(B) When development projects are phased, individual phases may be required to provide temporary fuel modification areas where the development perimeter of a phase is contiguous to a subsequent phase of a project which in its undeveloped state is a hazardous fire area. The need for a temporary fuel modification area shall be determined by the responsible fire authority in conjunction with the County Fire Warden and shall be based upon the same considerations described in Subsection (c)(4)(A) of this section for permanent fuel modification areas.

(d) Erosion and Sediment Control

All development projects, building permits, grading and any other significant land disturbing activity shall install erosion control measures in compliance with the provisions established by the Development Code for such erosion control measures.

(Amended by Ord. 465 § 18, 2025)

85.020225 Additional Area 1 (FR1) Requirements.

The following requirements apply only to Area 1, in addition to those specified for both Areas 1 and 2. (a) Construction Requirements

(1) The outside of all exterior walls shall be covered with materials which are approved for exterior locations and listed as one-hour, fire-resistive construction as defined in the Uniform Building Code. All exterior doors made of wood or wood portions shall be solid core wood.

(2) All windows, sliding glass doors or glass inserts in doors shall be constructed of approved dual-pane glass.

(3) Cantilevered or standard type decks shall be constructed with the following: 1) a minimum of at least one and one-half (1 1/2) inch wood decking; and/or 2) protected on the underside with materials approved for one-hour, fireresistive construction; and/or 3) be of noncombustible materials, as defined in the Uniform Building Code.

(4) Patio covers attached or within 10 feet of a residential structure with plastic, bamboo, straw or fiberglass, or wood lathe lattice made of materials which are one half (1/2) inch or less in width shall be prohibited.

(5) Exposed piping, except for plumbing vents above the roof, shall be noncombustible as defined in the Uniform Building Code.

(6) A minimum of two, three quarter (3/4) inch faucets with hose connections each served by a three quarter (3/4) inch waterline and installed prior to any pressure reducing device shall be available per structure separated by at least one-third (1/3) of the perimeter of the structure. Such faucets should be on the side(s) of a structure facing fire hazardous areas wherever possible.

(7) All fences required adjacent to fuel modification areas or wildland areas as conditions of approval for a development project shall be constructed of noncombustible materials as defined in the Uniform Building Code. All other fences, including those on the interior of such development project, are not subject to this requirement.

(8) Private driveways or access roadways for residential units shall not exceed 150 feet in length, unless approved by the fire authority pursuant to Section 10.207 of the Uniform Fire Code.

(9) Roof coverings shall be either non-combustible or shall be fire retardant material not composed of organic fiber with a minimum Class A rating, as defined in the Uniform Building Code.

(10) Unenclosed or projecting roof-ceiling or floor-ceiling assemblies which contain concealed space shall have the ceiling protected on the exposed surface with materials approved for one-hour construction.

(b) Project Design Requirements

(1) Every development project application submitted to the Office of Planning shall be reviewed by Office of Planning staff through a pre-application conference with the project proponent prior to the acceptance of the application for filing.

(2) A slope analysis shall be filed with all development project land use applications. The slope analysis shall include the following information.

(A) A topographic map of the proposed project area and all adjoining properties within 150 feet at a scale of not less than one inch to 200 feet. The contour interval shall not be more than two feet, except that the contour interval may be five feet if the general natural ungraded slope is more than 10%. Contour lines are to be obtained by aerial or field survey, done under the supervision of a licensed Land Surveyor or Registered Engineer.

(B) The natural, ungraded slope categories to be computed are zero to less than 15%, 15 to less than 25%, 25 to less than 40%, and 40% or greater.

(3) A preliminary grading plan shall be filed with all development project land use applications, although preliminary grading plan requirements may be waived by the City Planner if it is determined through the required preapplication conference that such requirements are unnecessary due to site specific soils, topographic or other physical conditions, or due to the specific design of the project. The preliminary grading plan shall include the following.

(A) A topographic map of the proposed project area and all adjoining properties within 150 feet at a scale of not less than one inch to 200 feet shall be prepared. The contour interval shall not be more than two feet, although the contour interval may be five feet if the natural ungraded slope is more than 10%. Contour lines shall be obtained by aerial or field survey, performed under the supervision of a licensed Land Surveyor or Registered Engineer.

(B) Contours of the finished graded slope shall be shown at intervals similar to those on the topographic base map.

(C) Street grades, slope ratios, flow lines, pad elevations, maximum elevation of top and minimum elevation of toe of finished slopes over five feet in vertical height, the maximum heights of those slopes and approximate total cubic yards of cut and fill shall be shown on the preliminary grading plan.

(D) Compliance with Chapter 70 of the current edition of the Uniform Building Code, as adopted by the City of Yucaipa, is required.

(E) In the event no such grading is proposed, a statement to that effect shall be placed on the required topographic map described in Subsection 85.020225(b)(3)(A) above, and this map shall delineate the boundary of an adequately

sized building pad, driveway and septic system (if proposed) for each parcel proposed.

(4) All subdivisions on sites with natural slopes greater than 30% shall be submitted with a Conditional Use Permit for the development of such proposed lots. This provision shall not apply if all of the areas on the site with natural ungraded slopes over 30% are permanently restricted from structural development.

(5) Residential density bonuses, if any, shall only be permitted through Planned Developments.
(6) Perimeter Access to Fuel Modified and Fire Hazard Areas

(A) Standards

Development projects shall provide for adequate vehicular access for fire fighting vehicles to the development perimeter of the project along the portion of the development perimeter that is adjacent to either an existing or proposed fuel modified area or a fire hazard area. Provisions shall be made and shall be required, where necessary, through conditions of development project approval for the continual maintenance of the areas intended to provide such access. Perimeter access shall be provided either through one of the following two measures or through alternate measures pursuant to Section 85.020230 of this Article.

osed fuel modified area or a fire hazard area. Provisions shall be made and shall be required, where necessary, through conditions of development project approval for the continual maintenance of the areas intended to provide such access. Perimeter access shall be provided either through one of the following two measures or through alternate measures pursuant to Section 85.020230 of this Article.

(I) An existing or proposed road along the development perimeter or portion thereof that is exposed to a fire hazard or fuel modified area and which is accessible to fire fighting equipment shall be provided. Such a road shall be capable of supporting fire fighting equipment, shall be at least 20 feet in width and shall not exceed a grade of 14%. The conditions of approval for the development project shall require provisions to ensure that the roadway will be maintained if it is not within the publicly-maintained road system.

(II) Development projects shall provide accessways at least 12 feet in width, with a grade not to exceed 14% and capable of supporting fire fighting vehicles, between the development perimeter and proposed or existing streets. Accessways shall be spaced at intervals of no more than an average of 350 feet along each street. The conditions of approval for the development project shall require specific provisions to ensure that accessways will remain

unobstructed and will be maintained. Where feasible, accessways may not be paved and shall be designed so as not to detract from the visual quality of the project.

(B) Intent of Standards

The intent of the standards described in Subsection 85.020225(b)(6) is to permit fire fighting vehicles to have adequate access into areas between fire hazardous areas or fuel modified areas and the development perimeter so that a wildland fire can be contained at the development perimeter and prevented from spreading to structures. An additional intent of these standards is to prevent structural development from becoming a barrier between fire fighting equipment and personnel and the development perimeter.

Pursuant to Section 85.020230 of this Article and dependent upon site specific conditions, alternate measures which meet the intent of the standard in Subsection 85.020225(b)(6)(A) above for providing perimeter access to fuel modified and fire hazard areas may be utilized.

(7) Lengths of Cul-de-sacs
(A) Standard cul-de-sacs shall not exceed 350 feet in length, except that they may be extended as allowed by this subsection.

(B) Exception may be made for parcels of less than five acres in area. Cul-de-sacs may exceed 350 feet in length but shall not exceed 600 feet in length, if one of the following conditions applies.

(I) Alternate measures shall be utilized pursuant to the provisions of Section 85.020230 of this Article.

(II) Based upon consideration of the recommendation of the Fire Authority, the Planning Agency determines that the cul-de-sac is situated and designed such that the parcels taking access from it are not contiguous to or exposed to either undeveloped fuel modified areas along the development perimeter of the project or to fire hazard areas, and that the extension of the cul-de-sac will not increase the exposure of buildings to wildland fires.

(C) Exceptions may be granted for parcels greater than five acres in area. Cul-de-sacs may exceed 600 feet in length if all parcels that take access from the cul-de-sac are five acres or greater in area and the following conditions apply.

(I) The proposed cul-de-sac shall not be within or adjacent to areas that are zoned for or subdivided to parcels of five acres or less.

(II) Alternate measures shall be utilized pursuant to the provisions of Section 85.020230 of this article.

(D) Intent of Standard

The intent of limiting cul-de-sac lengths is to limit the exposure of development and human activity to hazardous fire areas where one, rather than two points of access are provided, especially when such cul-de-sacs are directly exposed to fire hazard areas. The provision of only one point of access increases exposure to fire and inhibits the fighting of wildland fires due to the following factors.

(I) If the single access point becomes blocked, structures exposed to fire cannot be protected by fire fighting vehicles.

(II) Fire fighting vehicles can be trapped on a cul-de-sac if the single access is blocked.

(III) In order for fire fighting vehicles to turn around, they usually must travel to the end of the cul-de-sac where adequate room for turning is available.

(IV) All vehicles evacuating a cul-de-sac during a fire will be traveling in the opposite direction of fire fighting vehicles moving into a cul-de-sac, impeding the ingress of the fire fighting vehicles as well as the egress of the

evacuees.

(V) Development of individual cul-de-sacs which intrude into and are generally surrounded by rugged wildland terrain have greater exposure to wildland fire because the fire may come from several directions at once.

(E) Alternate Measures

Pursuant to Section 85.020230 of this Article and dependent upon site specific conditions, one of the following measures or combinations thereof may be used to mitigate the effect of creating cul-de-sacs up to 600 feet in length with parcels of less than five acres in area.

(I) The total number of dwelling units which have access to the cul-de-sac shall be limited to no more than 15, and the further subdivision of parcels and construction of additional independent residential units which have access to the cul-de-sac shall be restricted. Such restrictions shall be imposed through the conditions of approval of the development project.

(II) A continuous perimeter access road at least 20 feet in width shall be provided along the portion of the cul-de-sac exposed to fire hazard or fuel modified areas such that it is driveable under normal conditions by fire fighting vehicles, provides adequate maneuvering space for such vehicles, and is designed such that at least one point of access to the perimeter access road is taken from roads other than the cul-de-sac in question.

(III) The cul-de-sac road shall have a paved width of at least 40 feet with posted no parking for its entire length. There shall be at least one area approximately at the midpoint of the cul-de-sac that serves the same function of a culde-sac bulb in allowing fire fighting vehicles adequate room to turn around. This measure may only be utilized if the expansion of the road width will not contribute to slope stability hazards either on or off-site.

(IV) Other alternate measures may be approved by the Planning Agency pursuant to Section 85.020230 of this article.

85.020230 Alternate Hazard Protection Measures.

(a) Applicability

The following provisions shall apply only to the standards and requirements of Subsections 85.020220(b) regarding building separations, 85.020225(b)(6) regarding perimeter access and 85.020225(b)(7) regarding the length of cul-desacs.

(b) Intent

The intent of this subsection is to allow greater design flexibility than would otherwise be permitted in order to provide a more efficient and effective achievement of the purposes of the Fire Safety (FR) Overlay District. Design flexibility is provided by allowing the substitution of alternate measures for the established standards or requirements if it is found that they provide the same or a greater level of protection from wildland fires and other natural hazards, and that they will fulfill the same purpose as the established standard or requirement.

(1) If alternative measures are proposed, the Fire Authority shall determine, with specific consideration of the effect of the proposed alternative measures, whether the proposed development project has adequate provisions for fuel modification and management, including the ongoing maintenance of fuel modified areas.

(2) If the Fire Authority makes a positive determination pursuant to subsection 85.020230(c)(1) of this Article, then alternate measures may be substituted for the established standards and requirements if the Planning Agency, with consideration of the recommendation of the Fire Authority, finds and justifies all of the following.

(A) Alternative measure(s) have been substituted which meet the intent of and which serve the same purpose as the established standard or requirement.

(B) The alternative measure(s) that have been substituted provide the same or a greater level of protection or are as effective as the established standard or requirement.

(C) There are clear and substantial reasons for utilizing the alternative measure(s) because they provide for a more efficient and economic use of the site, or provide for a superior physical design, and are consistent with the intent of the Fire Safety (FR) Overlay District. Article 3

ARTICLE 2

FLOODPLAIN SAFETY (FP) OVERLAY DISTRICT

Sections: 85.020301 Purpose and Intent.

85.020302 Statutory Authority; Findings.

85.020303 Definitions.

85.020305 Applicability; Adoption of FIS/FIRMs; Map Repository.

85.020310 Floodplain Administrator; Duties.

85.020315 General Provisions.

85.020320 Floodplain Development Permits; Submittals; Records.

85.020325 Development Standards in Special Flood Hazard Areas.

85.020330 Floodways; Watercourse Alteration; Subdivisions.

85.020335 Boundary Changes; Letters of Map Change; Map Revisions.

85.020340 Variance Procedure.

85.020345 Disclaimer of Liability.

85.020350 Requirement to Submit New Technical Data (44 C.F.R. § 65.3).

85.020355 Enforcement; Violations and Penalties.

85.020360 Severability; Abrogation and Greater Restrictions; Interpretation.

85.020301 Purpose and Intent.

The Floodplain Safety (FP) Overlay District is established to protect public health, safety, and welfare; reduce flood losses; maintain community eligibility in the National Flood Insurance Program (NFIP); and coordinate floodplain

regulations with the California Building Standards Code (CBSC), including Appendix G. This Article sets minimum requirements for review, permitting, construction, alteration, and use of land within flood-prone areas and is intended to meet or exceed the minimum criteria in 44 C.F.R. Part 60. (Added by Ord. 468 § 1, 2025)

85.020302 Statutory Authority; Findings.

(a) Authority. This Article is adopted pursuant to the City's police power under Cal. Const. art. XI, § 7; the National Flood Insurance Program (NFIP) regulations in 44 C.F.R. Parts 59, 60, and 65; and the City's land-use and buildingregulation authority under California law, including Gov't Code §§ 65302 (general plan safety element, flood hazards), 65560 (open-space/flood protection), 65800 & 65850 (zoning regulations), 65906 (variances), and the Subdivision Map Act, §§ 66410 et seq.; and Health & Safety Code §§ 17958, 18938(b), and 18941.5 (adoption and enforcement of the California Building Standards Code, including Appendix G).

(b) Findings. FEMA has issued updated Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FIRMs) for San Bernardino County and incorporated areas with an effective date of October 30, 2025. To avoid NFIP suspension and associated federal prohibitions, the City must have floodplain regulations meeting 44 C.F.R. Part 60 in effect by that date. This Article repeals and replaces prior Article 2 to implement NFIP minimums. (Added by Ord. 468 § 1, 2025)

85.020303 Definitions.

Unless specifically defined here, words or phrases used in this Article shall be interpreted to give them their common meaning and to effectuate the purposes of this Article and the NFIP. Selected definitions (non-exclusive) include:

Base Flood means the flood having a one-percent chance of being equaled or exceeded in any given year (100-year flood).

Basement means any area of a building having its floor subgrade on all sides.

Building Code means the California Building Standards Code (current edition as adopted by the City), including Appendix G (Flood-Resistant Construction).

Design Flood/Design Flood Elevation (DF/DFE) means the flood and corresponding elevation adopted for design and enforcement purposes by this Article and the Building Code (at least the Base Flood Elevation (BFE) plus any required freeboard).

Development means any man-made change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, placement of manufactured homes, or storage of equipment or materials.

Encroachment means any advance or infringement of fill, excavation, structures, development, or vegetation into a floodplain that may alter flow capacity.

Flood or Flooding means: (1) a general and temporary condition of partial or complete inundation of normally dry land areas from overflow of inland or tidal waters; unusual and rapid accumulation or runoff of surface waters; and mudflows; and/or (2) flood-related erosion.

Flood Insurance Rate Map (FIRM) means the official map on which FEMA has delineated areas of special flood hazard and risk premium zones.

Flood Insurance Study (FIS) means the official report provided by FEMA that includes flood profiles, the FIRM, and the water surface elevations of the base flood.

Floodway (Regulatory Floodway) means the channel of a watercourse and adjacent lands that must be reserved to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Floodplain Administrator (FPA) means the City Engineer, or designee, charged with administering this Article. Highest Adjacent Grade means the highest natural ground elevation next to a proposed structure before construction.

Historic Structure has the meaning used in NFIP regulations.

Letter of Map Change (LOMC) includes Letter of Map Amendment (LOMA), Letter of Map Revision (LOMR), and related FEMA determinations.

Lowest Floor means the lowest floor of the lowest enclosed area, including basement; an enclosure used solely for parking, access, or storage that meets the flood-opening and non- conversion standards is not the lowest floor. Manufactured Home means a structure transportable in one or more sections, built on a permanent chassis, designed for use with or without a permanent foundation when connected to utilities; the term does not include a Recreational Vehicle.

Manufactured Home Park or Subdivision means a parcel (or contiguous parcels) divided into two or more manufactured home lots for rent or sale.

Recreational Vehicle (RV) means a vehicle: (1) built on a single chassis; (2) 400 square feet or less at the largest horizontal projection; (3) self-propelled or towable by a light-duty truck; and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters.

Special Flood Hazard Area (SFHA) means land in the floodplain subject to a one-percent or greater chance of flooding in any year, shown on FIRMs as Zone A, AO, AE, A1-A30, AH, A99, V, VE, or V1-V30.

Start of Construction means the date the building permit is issued, provided the actual start of construction or improvement is within 180 days of permit issuance. "Actual start" includes the first placement of permanent construction (e.g., slab or footings, piles, columns), or for substantial improvement, the first alteration of a loadbearing member; it does not include land preparation, grading, installation of streets or walkways, excavation for footings or foundations, or erection of temporary forms.

Structure means a walled and roofed building that is principally above ground; includes gas or liquid storage tanks and manufactured homes.

Substantial Damage means damage of any origin whereby the cost to restore a structure to its pre-damage condition equals or exceeds 50 percent of the pre-damage market value.

Substantial Improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure where the cost equals or exceeds 50 percent of the pre-improvement market value; includes structures that have incurred Substantial Damage. Exceptions include work to correct code violations necessary for safe occupancy and alterations to Historic Structures that preserve their historic designation.

Variance means a grant of relief from the strict application of the requirements of this Article consistent with 44 C.F.R. § 60.6.

Violation means a development that is not fully compliant with this Article. A structure or development lacking required certifications or documentation is presumed to be in violation until such documentation is provided. Watercourse means a lake, river, creek, stream, wash, arroyo, channel, or other topographic feature where waters flow at least periodically.

(Added by Ord. 468 § 1, 2025)

85.020305 Applicability; Adoption of FIS/FIRMs; Map Repository.

(a) Applicability. This Article applies to all lands within the City located in SFHAs identified on the effective FIRMs and to areas where the Floodplain Administrator determines flood hazards exist.

(b) Adoption by Reference. The areas of special flood hazard identified by FEMA in the Flood Insurance Study and Flood Insurance Rate Maps for San Bernardino County and Incorporated Areas, effective October 30, 2025, together with all subsequent revisions and amendments, are adopted by reference and declared to be part of this Article.

(c) Map Repository. The FIS and FIRMs are on file and available for public inspection in the office of the Floodplain Administrator.

(Added by Ord. 468 § 1, 2025)

85.020310 Floodplain Administrator; Duties.

(a) Designation. The City Engineer is designated as the Floodplain Administrator (FPA), and may delegate duties to qualified staff.

(b) Duties. The FPA shall:
(1) Administer and enforce this Article and coordinate with the Building Official to ensure consistency with CBSC/Appendix G;
(2) Review, approve, condition, or deny floodplain development permits;
(3) Make floodplain determinations; use FIRMs/FIS; require and maintain Elevation Certificates and Floodproofing Certificates;
(4) Maintain records of permits, determinations, variances, and certifications permanently;
(5) Areas Without Established BFEs or Floodways (Zone A). When FIRMs identify Zone A without Base Flood Elevations (BFEs) or floodway data, the Floodplain Administrator shall:

(A) Obtain, review, and reasonably utilize any BFE and floodway data available from Federal, State, or other sources as permit criteria; and

(B) Require applicants to submit hydrologic and hydraulic analyses that are prepared, signed, and sealed by a registered professional engineer using accepted methods and models to determine BFEs, depths/velocities, and, where appropriate, floodway limits when suitable data are unavailable or insufficient; and

(C) Apply such data to require that: (i) residential structures are elevated to or above the determined BFE (or DFE, if higher); and (ii) nonresidential structures are elevated or dry-floodproofed to or above the determined BFE/DFE in accordance with CBSC/Appendix G and ASCE 24 (current edition as adopted).

(6) Provide notices of watercourse alteration to adjacent communities and agencies as required;

(7) Submit new technical or scientific data to FEMA within six (6) months when BFEs or flood hazard data change (see § 85.020350); and
(8) Perform other acts necessary to implement the NFIP and this Article.

(Added by Ord. 468 § 1, 2025)

85.020315 General Provisions.

(a) Compliance. No structure or land shall be developed, constructed, located, extended, converted, or altered without full compliance with this Article, the Building Code, and other applicable regulations.
(b) Permit Required. Development in SFHAs requires a floodplain development permit under § 85.020320.

(c) Interpretation. All provisions are minimum requirements, shall be liberally construed to effectuate the purposes of this Article and the NFIP, and shall not limit other lawful City powers.

(d) Abrogation and Greater Restrictions. This Article is not intended to repeal easements, covenants, or deed restrictions; however, where conflicts occur, the more restrictive standard governs.

(e) Implementation. Requirements of this Article shall be integrated into the review of land use applications and development permits.

(Added by Ord. 468 § 1, 2025)

85.020320 Floodplain Development Permits; Submittals; Records.

(a) Permit Requirement. A floodplain development permit is required before any development in an SFHA, including placement of manufactured homes.

(b) Submittals. The FPA may require site plans; grading and drainage plans; BFEs; proposed lowest floor elevations; foundation designs; utility protection details; flood opening details; certifications; and, where needed, hydrologic/hydraulic analyses sealed by a registered professional engineer.

(c) Certifications.
(1) Elevation Certificates for new construction and substantial improvements;
(2) Floodproofing Certificates for dry-floodproofed nonresidential structures;
(3) Certifications for openings and engineered enclosures;
(4) Manufactured home foundation/anchoring certifications.
(d) Records. In coordination with the City Clerk, the FPA shall maintain all permits and certifications as public records.
(e) Other Permits Required. No floodplain development permit shall be issued until the applicant demonstrates that all other required State and Federal permits have been obtained for the proposed development.

(f) Permit Approval Criteria (Reasonably Safe From Flooding). In reviewing floodplain development permits, the FPA shall assure that proposed sites are reasonably safe from flooding and shall require, for all new construction and substantial improvements in flood-prone areas, the use of methods and practices that minimize flood damage, including but not limited to anchoring, use of flood-damage-resistant materials, and the design and/or location of utilities and service equipment to prevent water from entering or accumulating within components during conditions of flooding, consistent with 44 C.F.R. § 60.3(a)(3) and applicable CBSC/Appendix G and ASCE 24 ( current edition as adopted).

(Added by Ord. 468 § 1, 2025)

85.020325 Development Standards in Special Flood Hazard Areas.

All new construction and substantial improvements in SFHAs shall meet or exceed the standards below (NFIP minimums) and applicable CBSC/Appendix G and ASCE 24 (current edition as adopted). Where standards conflict, the more restrictive applies.

(a) Standards of Construction.
(1) Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement due to hydrostatic and hydrodynamic loads and buoyancy.
(2) Materials and Methods. All new construction and substantial improvements shall:
(A) be constructed with flood-damage-resistant materials and by methods and practices that minimize flood damage;
(B) have electrical, heating, ventilation, air-conditioning, plumbing, gas, communications, and other service facilities/equipment designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding, consistent with CBSC/ Appendix G and ASCE 24 (current edition as adopted); and
(C) on sloping sites, provide adequate drainage paths around structures to guide floodwaters away from buildings.
(3) Fill. Where fill is used to elevate building pads, demonstrate compaction and protection against erosion, scour, and differential settlement, consistent with accepted engineering standards and any FPA conditions.
(b) Elevation and Floodproofing.
(1) Residential Construction. The lowest floor (including basement) shall be elevated to at least:
(A) the BFE plus the required elevation in accordance with CBSC/Appendix G and ASCE 24 (current edition as adopted); or
(B) the Design Flood Elevation (DFE), whichever is higher.

(2) Nonresidential Construction. Either elevate the lowest floor as in (b)(1) or dry-floodproof the structure to at least the required elevation in accordance with CBSC/Appendix G and ASCE 24 (current edition as adopted). Floodproofing designs must be certified by a registered professional engineer or architect.

(3) Enclosures Below the Lowest Floor. Limited to parking, building access, or storage; must include compliant flood openings; must be constructed of flood-damage-resistant materials; and shall not be finished or converted to habitable space.

(4) AO Zones.

(A) Residential Elevation. The lowest floor (including basement) shall be elevated above the highest adjacent grade by at least the depth shown on the FIRM plus one (1) foot; if no depth is specified, the lowest floor shall be elevated not less than three (3) feet above the highest adjacent grade.

(B) Nonresidential Elevation or Dry Floodproofing. The lowest floor shall be (i) elevated to the same elevation required by subsection (A), or (ii) dry-floodproofed to a DFE equal to the depth shown on the FIRM plus one (1) foot, or three (3) feet above highest adjacent grade if no depth is specified, in accordance with CBSC/Appendix G and ASCE 24 (current edition as adopted), with certification by a registered professional engineer or architect.

(5) Utilities, Water Supply, Sanitary Sewer, and On-Site Waste Disposal.

(A) Water Supply Systems. Within SFHAs, new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems.

(B) Sanitary Sewer Systems. Within SFHAs, new and replacement sanitary sewage systems shall be designed to minimize or eliminate (i) infiltration of floodwaters into the systems and (ii) discharges from the systems into floodwaters.

(C) On-Site Waste Disposal Systems. Within SFHAs, on-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(1) Manufactured Homes. New or replacement manufactured homes shall be elevated on permanent foundations and securely anchored to resist flotation, collapse, and lateral movement; the lowest floor shall meet the elevation requirements of subsection (b).

(2) Recreational Vehicles (RVs). In SFHAs, RVs shall be: (i) on site for fewer than 180 consecutive days, or (ii) fully licensed and highway-ready, or (iii) elevated and anchored to the same standards as manufactured homes.

(d) Subdivision Proposals and Large Developments. Proposals for 50 or more lots or 5 or more acres (whichever is less) shall include BFEs where not provided and shall be consistent with the need to minimize flood damage; public utilities and facilities shall be located and constructed to minimize flood damage; adequate drainage shall be provided. (Added by Ord. 468 § 1, 2025)

85.020330 Floodways; Watercourse Alteration; Subdivisions.

(a) Regulatory Floodways. Encroachments, including fill, new construction, substantial improvements, and other development within a designated regulatory floodway are prohibited unless it is demonstrated through hydrologic and hydraulic analyses by a registered professional engineer that the proposed encroachment would not result in any increase in flood levels during the base flood discharge.

(a-1) Zones A1-A30 and AE Without a Designated Floodway (Cumulative Rise Standard). In Zones A1-A30 and AE where a regulatory floodway has not been designated, no new development or encroachment (including fill, new

construction, substantial improvements, and other development) shall be permitted unless it is demonstrated, through hydrologic and hydraulic analyses prepared, signed, and sealed by a registered professional engineer using accepted methods and FEMA-approved models, that the cumulative effect of all past and projected development will not increase the Base Flood Elevation by more than one (1) foot at any point within the community. The FPA shall review and reasonably utilize such analyses as permit criteria and shall maintain a permanent record of findings. Where the standard cannot be met, the applicant must either (i) revise the project to comply, or (ii) obtain the necessary FEMA map revision (LOMR) establishing a floodway or otherwise demonstrating compliance prior to permit issuance. (b) Watercourse Alteration. Prior to any alteration or relocation of a watercourse, the FPA shall: (1) notify adjacent communities and appropriate state/federal agencies; (2) submit required information to FEMA; and (3) ensure that the flood-carrying capacity is maintained.

(c) Additional Map-Based Areas. Where additional hazard studies identify areas not reflected on FIRMs, the FPA may apply this Article to such areas pending FEMA map revision. (Added by Ord. 468 § 1, 2025)

85.020335 Boundary Changes; Letters of Map Change; Map Revisions.

(a) Local Boundary Adjustments. Requests to modify FP Overlay boundaries shall include property documentation, topography, existing and proposed elevations, hydraulic analyses where needed, and any other data the FPA requires. Submittals shall be sealed by a registered professional engineer or licensed land surveyor, as appropriate.

(b) FEMA Map Changes. The applicant is responsible for the costs of any FEMA LOMC or revision. Analyses shall use accepted hydrologic/hydraulic methods and models.

(d) Effect of LOMC. Upon FEMA issuance of a LOMC that modifies an SFHA or BFE, the FPA shall rely on the LOMC for administration of this Article and shall process local map updates as needed. (Added by Ord. 468 § 1, 2025)

85.020340 Variance Procedure.

(a) Purpose and Standard. Variances are limited relief from strict application of this Article consistent with 44 C.F.R. § 60.6 and are granted only upon a showing of exceptional hardship unique to the property that cannot be remedied by design alternatives, with the minimum necessary deviation to afford relief.

(b) Findings. In acting on a variance, the City shall consider technical evaluations and all relevant factors, including: danger to life and property; susceptibility of the proposed use; importance of the services provided; necessity of waterfront location; availability of alternative locations; compatibility with existing and anticipated development; consistency with the General Plan and floodplain management program; safe access during flood; expected flood characteristics; and public service costs during and after flood conditions.

(1) Floodways. No variance may be issued in a regulatory flood way if any increase in flood levels would result.

(2) Historic Structures. Variances may be issued for repair or rehabilitation of Historic Structures if the work will not preclude continued historic designation and is the minimum necessary to preserve the structure's historic character and design.

(3) Functionally Dependent Uses. Variances may be issued where necessary for functionally dependent uses if all variance criteria are met and the development is protected to minimize flood damages and avoid additional threats to public safety or nuisances.

(4) Insurance and Risk Notice. Any variance that permits a structure below the required elevation may result in significantly increased flood insurance premiums and flood risk; the City shall provide written notice to the applicant and record the notice in the chain of title.

(d) Records. The FPA shall maintain a record of all variances, including the justification, conditions, and elevation/floodproofing data.

(Added by Ord. 468 § 1, 2025)

85.020345 Disclaimer of Liability.

The degree of flood protection required by this Article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. This Article does not imply that land outside SFHAs or uses permitted within such areas will be free from flooding or flood damage. This Article shall not create liability on the part of the City, its officers or employees, for any flood damages that result from reliance on this Article or any administrative decision lawfully made hereunder. (Added by Ord. 468 § 1, 2025)

85.020350 Requirement to Submit New Technical Data (44 C.F.R. § 65.3).

When Base Flood Elevations or flood hazard data change due to physical changes affecting flooding conditions, the FPA shall ensure that technical or scientific data are submitted to FEMA within six (6) months of such changes so floodplain management and insurance are based on current data. (Added by Ord. 468 § 1, 2025)

85.020355 Enforcement; Violations and Penalties.

(a) It is unlawful to violate any provision of this Article, any permit condition, or any lawful order of the FPA. (b) The City may use any remedies authorized by the Municipal Code or applicable law, including stop-work orders, administrative citations, civil or criminal enforcement, and nuisance abatement.

(d) The FPA shall not issue final approvals or certificates of occupancy until all requirements of this Article are satisfied.

(Added by Ord. 468 § 1, 2025)

85.020360 Severability; Abrogation and Greater Restrictions; Interpretation.

(a) Severability. If any section, subsection, sentence, clause, or phrase of this Article is for any reason held invalid, such decision shall not affect the remaining portions.

(b) Abrogation and Greater Restrictions. This Article does not repeal easements, covenants, or deed restrictions; where conflicts occur, the more restrictive controls.

(c) Interpretation. All provisions are minimum requirements and shall be liberally construed in favor of carrying out the purposes of this Article and the NFIP.

(Added by Ord. 468 § 1, 2025)

ARTICLE 3

GEOLOGIC HAZARD (GH) OVERLAY DISTRICT

Sections:

85.020401 Intent

85.020405 Locational Requirements

85.020410 Geologic Reports

85.020415 Development Standards

85.020401 Intent.

The Geologic Hazard (GH) Overlay District is created to provide greater public safety by establishing review procedures and setbacks for areas that are subject to potential geologic problems such as groundskeeping, earthquake faults, liquefaction, and subsidence.

85.020405 Locational Requirements.

(a) The Geologic Hazard Overlay District shall be designated in areas which are on or adjacent to active earthquake fault traces. This overlay district shall implement the requirements of the Alquist-Priolo Special Studies Zones Act of 1972.

(b) The Geologic Hazard Overlay District shall be designated in areas where landslides, mudslides, and subsidence are prevalent and in areas with volcanic activity.

(c) The Geologic Hazard Overlay District shall be designated in areas where liquefaction of the soil is associated with earthquake activity.

(d) The Geologic Hazard Overlay District shall be designated by the symbol (GH) on the city of Yucaipa Official Land Use Plan.

85.020410 Geologic Reports.

(a) A detailed geologic study prepared by a registered geologist shall be submitted with all land use applications and development permits proposed within the Geologic Hazard Overlay District that would lead to the construction of roads or structures or the subdivision of land. Said geologic report shall confirm the presence or absence of hazardous faults and, if applicable, the boundaries of existing or former marsh areas. Further, said report shall establish appropriate construction setbacks. Exemptions to the requirement for a geologic study include the following.

(1) One, single-family, wood frame dwelling not exceeding two stories

(2) Single-family, wood frame dwellings located within a division of land for which an approved geologic report was prepared

(3) A non-residential, accessory use

(4) The alterations or additions to any structure where the value or area does not exceed 50% of the structure

85.020415 Development Standards.

When a land use is proposed within a Geologic Hazard Overlay District, the following standards shall apply. (a) Development of all structures used for human occupancy, other than single family, wood frame structures, shall take place 50 feet or further from any active earthquake fault traces. Active fault traces are those delineated on the Alquist-Priolo Special Studies Zones Maps or on maps contained within the City’s General Plan.

(b) Development of all structures used for critical facilities shall take place 150 feet or further from any active earthquake fault trace as indicated within the City’s General Plan. Critical facilities shall include dams, reservoirs, fuel storage facilities, power plants, nuclear reactors, police and fire stations, schools, hospitals, rest homes, nursing homes, and emergency communication facilities.

(c) Utility lines and streets shall not be placed within the construction setback area of a hazardous fault, except for crossing which can be made perpendicular to the fault trace or as recommended by the project geologist and approved by the reviewing authority.

(d) Development restricted areas are encouraged for use as recreation and common open spaces.
(e) The following conditions may apply to areas subject to periodic landslides, subsidence, and soil liquefaction.
(1) Siting

All facilities and streets should be sited so as to minimize the erosion potential.

(2) Vegetation

Natural vegetation shall be retained and protected where possible. Where inadequate vegetation exists, additional landscaping shall be provided. Any additional landscaping shall be compatible with the local environment and capable of surviving with a minimum of maintenance and supplemental water.

(3) Exposure of Bare Land

When land is exposed during development, only the smallest practicable land portion as an increment of a

development project shall be exposed at any one time; the duration of time that the exposure remains unprotected shall be the shortest practical time period, and such exposure shall be protected with temporary vegetation or mulching where practical.

(4) Run-Off

The development should be designed to minimize water run-off. Provisions should be made to effectively accommodate any increased run-off.

(5) Special Measures

Measures shall be taken to offset the possible affects of landslides. A detailed geologic report identifying these measures shall be required prior to the issuance of building permits.

(6) All proposed facilities located within liquefication and landslide hazard areas shall be constructed in a manner to minimize or eliminate subsidence damage.

ARTICLE 4

NOISE HAZARD (NH) OVERLAY DISTRICT

Sections:

85.020501 Intent

85.020505 Locational Requirements

85.020510 Development Standards

85.020501 Intent.

The Noise Hazard (NH) Overlay District is created to provide greater public safety by establishing land use review procedures and requirements for land uses in areas with identified high noise levels.

85.020505 Locational Requirements.

(a) The Noise Hazard Overlay should be applied to those areas where the Average Day-Night Sound Level (Ldn) is 65 decibels, 65 dBA, or greater.

(b) The Noise Hazard Overlay District shall be designated by the symbol (NH) on the City of Yucaipa Official Land Use Plan.

85.020510 Development Standards.

When a land use application or development permit is proposed within the Noise Hazard Overlay District, the following standards shall apply with respect to residential uses.

(a) Noise levels shall be identified. An acoustical report shall be performed to identify noise impact, and any recommendation for noise attenuation or other mitigation measures shall be incorporated into the design standards or conditions of approval, as applicable.

(b) Interior noise levels in all single family and multi-family residences and educational institutions shall not exceed 45 dBA Ldn emanating from sources outside of the residential building.

(c) Exterior noise levels in all single family residential land use areas and multi-family residential land use areas should not exceed 65 dBA Ldn. Exterior noise levels shall not exceed 70 dBA for any residential use areas.

(d) Ability to mitigate exterior noises to the levels of 65 dBA Ldn and 70 dBA Ldn shall be considered by the reviewing authority when determining the actual Ldn level with which the land uses must comply.

(e) In areas where noise exceeds the noise standard, measures shall be taken to mitigate noise levels. An acoustical report identifying these mitigation measures shall be required and reviewed by the Community Development Department prior to issuance of any required development permits or approval of land use applications.

(f) All other structures shall be sound attenuated against the combined input of all present and projected exterior noise to not exceed the following criteria.

12-Hour Equivalent Sound Level (Interior) Typical Uses dBA Ldn Educational, Institutions, Libraries, Churches, etc 45 dBA General Office, Reception, etc. 50 dBA Retail Stores, Restaurants, etc. 55 dBA Other Areas for Manufacturing, Assembly, Test, 65 dBA Warehousing, etc.

In addition, the average of the maximum levels on the loudest of intrusive sounds occurring during a 24-hour period shall not exceed 65 dBA interior.

ARTICLE 5

HAZARDOUS WASTE (HW) OVERLAY DISTRICT

Sections:

85.020601 Intent

85.020605 Locational Requirements

85.020610 Development Standards

85.020601 Intent.

The Hazardous Waste (HW) Overlay District is created to accomplish the following.

(a) Ensure that hazardous waste facilities are sited in areas that protect public health, safety, welfare, and the environment.
(b) Buffer hazardous waste facilities so that incompatible uses cannot be permitted in the future.
(c) Identify permitted uses within the overlay.
(d) Outline the permit review procedures.

85.020605 Locational Requirements.

(a) The Hazardous Waste Overlay District shall be applied to those areas where a Hazardous Waste Facility is being approved concurrently.

(b) The Hazardous Waste Overlay District shall be designated by the symbol (HW) on the city of Yucaipa’s Official Land Use Plan.
(c) The Hazardous Waste Overlay District may most appropriately be located in the following land use district.
(1) Community Industrial (IC)

This district is intended for treatment, incineration, recycling, storage, and transfer facilities. Incineration facilities shall not, however, be located in areas where emissions from the facility could directly impact food crops or livestock.

(d) Siting Criteria for Hazardous Waste Facilities

Refer to Table 5-2 of Chapter 5 of the City of Yucaipa Hazardous Waste Management Plan.

(e) A Risk Assessment evaluating a proposal for a Hazardous Waste Facility shall determine the appropriate location for the overlay district for the facility.

85.020610 Development Standards.

(a) Review procedures include State and County processes. The types of applications required for local evaluation of a specified hazardous waste facility proposal include both discretionary and ministerial permits. The required Yucaipa permits or processes include the following.

(1) General Plan Amendment to apply the Hazardous Waste (HW) Overlay District to the proposed site and respective buffer
(2) Conditional Use Permit

Refer to Article 1 of Chapter 3 of Division 3 of this Title for the procedures for this permit.

(3) Special Use Permit

This permit is issued by the San Bernardino County Department of Environmental Health Services and is required as a condition of approval of the Conditional Use Permit.

(4) Ministerial Permits from the Yucaipa Office of Building and Safety for building, grading, flood control, etc.

For a complete discussion of the local application review process, refer to Section 5.3.3 and Table 5-4 of Chapter 5 of the City of Yucaipa Hazardous Waste Management Plan.

(b) The following list of use classifications has been determined to be compatible with a hazardous waste facility. These use classifications are permitted within a HW Overlay District.
(1) Repair Services I, II and III
(2) Open Lot Services I and II
(3) Manufacturing Operations I and II
(4) Wholesale/Warehouse Services I and II
(5) Contract/Construction Services
(6) Transportation Services I and II
(7) Salvage Services
(c) The following uses are specifically prohibited from the HW Overlay District.
(1) Residential uses of any type
(2) Agricultural uses of any type

(3) Facilities with a high concentration of people/immobile population such as schools, hospitals, auditoriums, amphitheaters, jails, etc.