Chapter 3 — RESOURCE PRESERVATION — Yucaipa Zoning Code

ARTICLE 1

AGRICULTURAL PRESERVE (AP) OVERLAY DISTRICT

Sections:

85.030101 Intent

85.030105 Locational Requirements

85.030110 Development Standards

85.030101 Intent.

(a) The preservation of agricultural land uses is important to the economic well-being of the City.

(b) The Agricultural Preserve (AP) Overlay District is created to protect vital agricultural uses by limiting land use activity to those uses which are compatible with and supportive of agriculture and related uses and/or agricultural byproducts.

(c) The Agricultural Preserve Overlay District identifies those properties within an established agricultural preserve. Such properties may be subject to a Land Conservation Contract which has been executed between the landowner and the State. Such agreements offer tax advantages to the landowner and include an enumerated list of the allowed uses for the commercial production of plant and animal products which have been found to be compatible with agriculture.

85.030105 Locational Requirements.

(a) The Agricultural Preserve Overlay District shall be applied to those areas which are contained within an Agricultural Preserve as defined in the California Land Conservation Act of 1965 (Williamson Act), Government Code Section 51200, et seq., and as designated upon the land use maps of the City’s General Plan.

(b) The Agricultural Preserve Overlay District shall be designated to the following land use districts only: Rural Living (RL) and Floodway (FW).

(c) The Agricultural Preserve Overlay District shall be designated by the symbol (AP) on the City of Yucaipa Official Land Use Plan.

85.030110 Development Standards.

When an Agricultural Preserve Overlay District is established, it shall be in conformance with the California Land Conservation Act of 1965 (Williamson Act), Government Code Section 51200, et seq. Land and land uses proposed within an agricultural preserve must be an agricultural use or be compatible with agricultural uses. Refer to subsection 83.040220(a)(2)(C) in Division 3 of this Code for parcel size limitations.

(a) The following list of uses has been determined to be compatible.

(1) Agricultural use, described as any use of land for the purpose of producing an agricultural commodity, consisting of any and all plant and animal products for commercial purposes, provided such use is permitted by the applicable land use district and not prohibited by other law or ordinance.

(2) A stand for the display and sale of agricultural commodities produced on the premises or other premises within the preserve.

(3) Gas, electric, water, communication utility facilities, and public service facilities of like nature, operated by a public agency or mutual water company.

(4) Public highways.
(5) Fire protection works and facilities.
(6) Flood control works, including channel rectification and alteration.

(7) Public works required for fish and wildlife enhancement and preservation.

(8) Improvements for the primary benefit of the land within the preserve.

(9) State improvements described in Subsection 51293.(d) of the California Government Code.

(10) Single dwelling units for the use only of an owner or manager of land within the agricultural preserve, or a person employed on said land, if such use is permitted by the applicable land use district, but not exceeding three dwellings for each parcel of not less than 10 acres.

(11) Farm labor camps, including temporary trailer housing, subject to the provisions of this Title and all other applicable laws.

(12) Drying, packing, or other processing of an agricultural commodity usually performed on the premises where it is produced.

(13) Any use existing on the date the land is included within an agricultural preserve, although any such use since discontinued for two years shall not be resumed unless permitted under these rules.

(14) Any use required to be permitted by an amendment to the California Land Conservation Act of 1965 hereafter adopted.

(15) “Open space uses” as defined in California Government Code Section 51201.

(16) Churches whose total square footage (of all structures on site) does not exceed 12,000 square feet and the minimum parcel size is 10 acres, unless the parcel was created prior to January 1, 1991, in which case the minimum parcel size shall be five acres.

(17) Agriculturally oriented schools with an approved Conditional Use Permit.

(18) Resource Recovery Systems which are designed for the use of animal or plant products or waste for no less than 75% of their fuel or material source (percent measured as British Thermal Unit heat content for energy generation or percent of volume of materials consumed for agricultural products averaged over the current year of operation) for the production of a commodity for the primary benefit of the agricultural community or for the generation of electrical energy, unless prohibited by other law or ordinance shall be permitted. Any temporary or permanent use of more than 25% non-animal or plant products or waste (percent measured as described above) by such an approved project is subject to approval by the City Planning Commission, and their finding that an adequate animal or plant product or waste supply is not available to maintain the approved design output capacity of the project due to interruptions of delivery or elimination of the source beyond the feasible control of the applicant. Such Planning Commission approval to exceed 25% non-animal or plant product or waste shall apply only as long as an adequate animal or plant product or waste supply is not available and subject to prohibition by other law or ordinance. Sludge materials shall not be permitted as an alternative source.

(19) Recreational uses as defined by California Government Code subsections 51201(e) and (n), subject to Conditional Use Permit.

(b) Any use may be determined to be a compatible use in all agricultural preserves by the City Council, after public hearing on 10 days’ published notice and such other notice, if any, as may be specified. Thereafter, such use shall be deemed a compatible use in any agricultural preserve, providing that it is not inconsistent with uses listed in Subsection 85.030110(a) above.

ARTICLE 2

BIOTIC RESOURCES (BR) OVERLAY DISTRICT

Sections:

85.030201 Intent 85.030210 Locational Requirements 85.030215 Designation 85.030220 Development Standards

85.030201 Intent.

The purpose of the Biotic Resources (BR) Overlay District is to implement General Plan policies regarding the protection and conservation of beneficial rare and endangered plants and animal resources and their habitats which have been identified within incorporated areas of the City.

85.030210 Locational Requirements.

The Biotic Resources Overlay District shall be applied to incorporated areas of the City which have been identified by a City, County, State or Federal agency as habitat for species of unique, rare, threatened, or endangered plants or animals, or their habitats as listed in the General Plan.

85.030215 Designation.

The Biotic Resources Overlay District shall be designated by the symbol (BR) on the City of Yucaipa Official Land Use Plan.

85.030220 Development Standards.

When a land use is proposed or an existing land use is increased by more than 25% within a Biotic Resources Overlay District, the applicant shall have a report prepared identifying all biotic resources located on the site, as well as those on adjacent parcels, which could be impacted by the proposed development. The report shall outline mitigating measures designed to reduce or eliminate impacts to the identified resource(s), and shall be submitted along with the application for the proposed development. The report shall be prepared by an appropriate expert such as a qualified biologist, botanist, herpetologist or other professional “life scientist.”

The conditions of approval of any land use application shall incorporate the identified mitigating measures to protect and preserve the habitats of the identified plants and/or animals.

ARTICLE 3

CULTURAL RESOURCES PRESERVATION (CP) OVERLAY DISTRICT

Sections:

85.030301 Intent
85.030305 Locational Requirements
85.030310 Designation
85.030315 Development Standards

85.030301 Intent.

(a) The identification and preservation of important archaeological and historical resources is necessary, as many such resources are unique and non-renewable.
(b) Preservation of such cultural resources provides a greater knowledge of City history, thus promoting City identity and conserving historic and scientific amenities for the benefit of future generations.

85.030305 Locational Requirements.

The Cultural Resources Preservation (CP) Overlay District may be applied to those areas where archaeological and historic sites which warrant preservation are known or are likely to be present.

Specific identification of known cultural resources is indicated by listing in one or more of the following inventories.

(a) California Archaeological Inventory
(b) California Historic Resources Inventory
(c) California Historical Landmarks
(d) California Points of Historic Interest
(e) National Register of Historic Places

85.030310 Designation.

The Cultural Resources Preservation Overlay District shall be designated by the symbol (CP) on the Yucaipa Natural Resource Overlay Map.

85.030315 Development Standards.

When a land use is proposed within a CP Overlay District, the following studies and actions shall be taken as specified.

(a) The presence (or absence) of archaeological and historical resources within a given project area shall be determined through an appropriate investigation by qualified personnel. A report documenting the results of such investigation shall be submitted with project application.

(b) Data recovery or protection measures shall be developed and implemented for identified cultural resources determined to be important by a qualified archaeologist or historian. Such measures may include, but are not limited to the following.

(1) Site recordation
(2) Mapping and surface collection of artifacts, with appropriate analysis and curation
(3) Excavation of sub-surface deposits when present, along with appropriate analysis and artifact curation

(4) Preservation in an open space easement and/or dedication to an appropriate institution with provision for any necessary maintenance and protection

(c) Archaeological and historical resources which are determined by qualified professionals to be extremely important should be preserved as open space or dedicated to a public institution when possible.

ARTICLE 4

MINERAL RESOURCES (MR) OVERLAY DISTRICT

Sections:

85.030401 Intent

85.030405 Objectives

85.030410 Locational Requirements

85.030415 Designation

85.030420 Development Standards

85.030425 Required Information

85.030401 Intent.

(a) The extraction of mineral resources may be important to the economic well-being of the City and the needs of society.

(b) Certain privately-owned land areas of the City may contain significant amounts of mineral resources. Mineral Resources Overlay Districts are created to protect these resources for present and future extractions. Since mineral extraction must take place on the physical site where the minerals naturally occur, special controls are needed to minimize conflicts with other land uses. The Mineral Resources Overlay District functions as a “holding district” since the land will be redesignated and reclaimed for other land uses when mining operations cease. Also, the district will insure that land disturbances are minimized through regulations and through the prohibition of any other land uses in these districts which are incompatible with mining.

conflicts with other land uses. The Mineral Resources Overlay District functions as a “holding district” since the land will be redesignated and reclaimed for other land uses when mining operations cease. Also, the district will insure that land disturbances are minimized through regulations and through the prohibition of any other land uses in these districts which are incompatible with mining.

(c) Once the mining activity ceases, the mined lands shall be reclaimed for new uses in order to prevent or minimize adverse effects on the environment and to protect the public health, safety, and welfare.

85.030405 Objectives.

The Mineral Resources Overlay District shall have the following objectives.

(a) Adverse environmental effects shall be prevented or minimized.

(b) Mined lands shall be reclaimed to a usable condition which is readily adaptable for alternative land uses.

(c) The production and conservation of minerals is encouraged, but the mining industry shall also preserve areas relating to environmental and recreational amenities if such amenities are located within the mining locale.

(d) Residual hazards to the public health and safety shall be eliminated.

85.030410 Locational Requirements.

The Mineral Resources Overlay District shall be applied on the following areas.

(a) Areas with existing major surface mining activities
(b) Areas where mining activity is expected to take place in the future

85.030415 Designation.

The Mineral Resources Overlay District shall be designated by the symbol (MR) on the City of Yucaipa Land Use Plan.

85.030420 Development Standards.

(a) Mineral Resources Overlay Districts shall be free from any land use that is incompatible with mining activity.

(b) When mining activity ceases, the land owner and/or mining company shall be responsible for the reclamation of the site.

(d) Incompatible land uses shall be suitably buffered from mining activity. Appropriate transition measures shall be taken in order to insure compatibility between mining activity and surrounding land uses.

85.030425 Required Information.

A Mining/Reclamation Plan describing the phasing of reclamation in relation to the phases of the mining operation shall be submitted for land areas which are to be included within a Mineral Resources Overlay District, subject to the provisions of this Code regarding surface mining and land reclamation and the California Surface Mining and Reclamation Act (SMARA).

ARTICLE 5

PALEONTOLOGIC RESOURCES (PR) OVERLAY DISTRICT

Sections:

85.030501 Intent

85.030510 Locational Requirements

85.030515 Designation

85.030520 Development Standards

85.030501 Intent.

(a) The identification and preservation of significant paleontologic (fossil) resources is necessary as many such resources are unique and non-renewable.

(b) Preservation of such paleontologic resources provides a greater knowledge of City natural history, thus promoting City identity and conserving scientific amenities for the benefit of future generations.

85.030510 Locational Requirements.

The Paleontologic Resources (PR) Overlay District may be applied to those areas where paleontologic resources are known to occur or are likely to be present.

Specific identification of known fossil occurrences or potential paleontologic sensitivity is indicated by listing in the locality files of one or more of the following institutions.

(a) San Bernardino County Museum
(b) University of California
(c) Los Angeles County Museum

85.030515 Designation.

The Paleontologic Resources Overlay District shall be designated by the symbol (PR) on the City of Yucaipa Natural Resource Overlay Map.

85.030520 Development Standards.

When a land use is proposed within a PR Overlay District, the following criteria shall be used to evaluate the project’s compliance with the intent of the overlay.

(a) In areas of potential but unknown sensitivity, field surveys prior to grading shall be required to establish the need for paleontologic monitoring.

(b) Projects which require grading plans and which are located in areas of known fossil occurrences within the overlay district, or that have been demonstrated to have fossils present in a field survey, shall have all mass grading monitored by trained paleontologic crews working under the direction of a qualified professional in order that fossils exposed during grading can be recovered and preserved. Fossils include large and small vertebrate fossils; the latter are recovered by screen washing of bulk samples.

(c) All recovered specimens shall be prepared to the point of identification and adequately curated into retrievable collections of an institution with appropriate staff and facilities for their scientific information potential to be preserved.

(d) A report of findings with an itemized accession inventory shall be prepared as evidence that monitoring has been successfully completed. A preliminary report shall be submitted and approved prior to the granting of building permits, and a final report shall be submitted and approved prior to the granting of occupancy permits. The adequacy of paleontologic reports shall be determined in consultation with the Curator of Earth Science at the San Bernardino County Museum.

(e) In no event shall the City require the applicant to pay more for mitigation [Subsections 85.030520(b)(c) and (d) above] within the site of the project than the following amounts.

(1) One half of one percent (.005) of the projected cost of the project, if the project is a commercial or industrial project

(2) Three fourths of one percent (.0075) of the projected cost of the project for a housing project consisting of one unit

(3) If a housing project consists of more than one unit, three fourths of one percent (.0075) of the projected cost of the first unit plus the sum of the following

(A) $200 per unit for any of the next 99 units

(B) $150 per unit for any of the next 400 units

ARTICLE 6

SCENIC RESOURCES (SR) OVERLAY DISTRICT

Sections:

85.030601 Intent

85.030605 Locational Requirements

85.030610 Development Standards

85.030601 Intent.

The intent of the Scenic Resources Overlay District is to provide development standards that will protect, preserve, and enhance the aesthetic resources of the City. Design considerations can be incorporated in many instances to allow development to coexist and not substantially interfere with the preservation of unique natural resources, roadside view, and scenic corridors of such natural resources. It is also the intent of the Scenic Resources Overlay District to implement State and Federal programs and regulations regarding scenic highway routes.

85.030605 Locational Requirements.

The Scenic Resources Overlay District may be applied to the following areas.

(a) Areas with unique views of the City’s mountain, and valley areas or any other aesthetic natural land formations (b) An area extending 200 feet on both sides of the ultimate road right-of-way of State, County and City-designated Scenic Highways as set forth in the County of San Bernardino’s and the City of Yucaipa’s General Plan; the area covered may vary to reflect the changing topography and vegetation along the right-of-way

(c) The Scenic Resources Overlay District shall be designated by the symbol (SR) on the City of Yucaipa Official Land Use Plan.

85.030610 Development Standards.

When a land use is proposed within an (SR) Overlay, the following criteria shall be used to evaluate the project compliance with the intent of the overlay.

(a) Building and Structure Placement

The building and structure placement should be compatible with and should not detract from the visual setting, nor should it obstruct significant views.

(b) Review Area

Intensive land development proposals including, but not limited to, residential facilities, commercial activities, and mobilehome parks shall be designed to blend into the natural landscape and maximize visual attributes of the natural vegetation and terrain. The design of said development proposals shall also provide for maintenance of a natural open space parallel to and visible from the right-of-way.

(c) Access Drives

Right-of-way access drives should be minimized. Developments involving concentrations of commercial activities should be designed to function as an integral unit, with common parking and right-of-way access drives.

(d) Landscaping

The removal of native vegetation, especially timber, shall be minimized. Replacement vegetation and landscaping shall be compatible with the local environment and, where practicable, capable of surviving with a minimum of maintenance and supplemental water. Landscaping and plantings should not obstruct significant views, either when installed or when they reach mature growth.

(e) Roads, Pedestrian Walkways, Parking, and Storage Areas

Any large-scale development should restrict the number of access points by providing common access roads. Parking and outside storage areas should be screened from view to the maximum extent feasible from either the Scenic Highway or the adjacent scenic or recreational resource by existing topography, by the placement of buildings and structures, or by landscaping and plantings which are compatible with the local environment and, where practicable, are capable of surviving with a minimum of maintenance and supplemental water.

(f) Above-Ground Utilities

Utilities shall be constructed and routed underground except in those situations where natural features prevent the underground siting or where safety considerations necessitate above-ground construction and routing. Above-ground utilities shall be constructed and routed to minimize detrimental effects on the visual setting of the designated area. Where it is practical, above-ground utilities shall be screened from view from either the Scenic Highway or the adjacent scenic or recreational resource by existing topography, or by the placement of buildings and structures.

(g) Grading

The alteration of the natural topography of the site shall be minimized and shall avoid detrimental effects to the visual setting of the designated area and the existing natural drainage system. Alterations of the natural topography should be screened from view from either the scenic highway or the adjacent scenic or recreational resource by landscaping and plantings which harmonize with the natural landscape of the designated area, and which are capable of surviving with a minimum of maintenance and supplemental water.

(h) Timber harvesting within or adjacent to the right-of-way shall be limited to that which is necessary to maintain and enhance the quality of the forest.

(i) Storage Area

Outside storage areas associated with commercial activities shall be completely screened from view of the right-ofway with landscaping and plantings which are compatible with the local environment and are capable of surviving with a minimum of maintenance and supplemental water.

(j) Primary freestanding signs greater than 18 square feet are prohibited in the Scenic Resources Overlay District.

ARTICLE 7

HILLSIDE (H) OVERLAY DISTRICT

Sections:

85.030701 Intent

85.030705 Locational Requirements

85.030710 Designation

85.030715 Development Standards

85.030701 Intent.

The purpose of the Hillside Overlay District is to implement General Plan policies regarding the protection of hillside resources to protect features that help define the City’s character in areas designated for protection by the General Plan. (Added by Ord. 349 § 1, 2016)

85.030705 Locational Requirements.

The Hillside Overlay District is appropriate when it will regulate eligible development in hillside areas designated for protection by the General Plan through the development standards set forth in the Development Code. (Added by Ord.

349 § 1, 2016)

85.030710 Designation.

The Hillside Overlay District shall be designated on the City of Yucaipa General Plan Hillside Overlay District Map. Prominent Ridgelines identified by City of Yucaipa Ordinance No. 81 shall also be designated on the City of Yucaipa General Plan Hillside Overlay District Map. (Added by Ord. 349 § 1, 2016)

85.030715 Development Standards.

All new construction and entitlements on property located within the Hillside (H) Overlay District shall comply with all provisions specified by Chapter 11 (Regulation of Hillside and/or Ridgeline Developments) of Division 7 (General Design Standards) of the Development Code. (Added by Ord. 349 § 1, 2016)