Chapter 9 — PROHIBITED USES

This chapter establishes express prohibitions on certain uses in all zones in the City. Nothing in this chapter shall be interpreted to limit the effect or scope of the City’s permissive zoning scheme. The purpose of this chapter is to declare and clarify that these uses are not permitted and are not within the scope of any permitted use defined in this Code. No use prohibited in this chapter shall be allowed in any zone in the City. (Added by Ord. 341 § 3, 2016)

A. Commercial marijuana activity is prohibited in all zones and all specific plan areas in the City, unless otherwise provided by the Municipal Code. No person shall otherwise establish, operate, maintain, conduct or allow commercial marijuana activity anywhere within the City. The prohibitions set forth in this section shall not apply to any conduct allowed under local law pursuant to Health and Safety Code Section 11362.1.

B. A property owner shall not rent, lease or otherwise permit any business that engages in unauthorized commercial marijuana activity to occupy real property in the City. A property owner shall not allow any person or business to establish, operate, maintain, conduct, or engage in unauthorized commercial marijuana activity on any real property owned or controlled by that property owner that is located in the City.

C. In addition to any other enforcement authorized under Chapter 2 of Division 1 of the City Development Code, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this section. In any civil action brought pursuant to this section, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party.

D. Notwithstanding the penalties set forth in Chapter 2 of Division 1 of the City Development Code, this Chapter 9 does not authorize a criminal prosecution, arrest or penalty inconsistent with or prohibited by Health and Safety Code Section 11362.71 et seq., or 11362.1 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under Chapter 2 of Division 1 of the Development Code and any penalties set forth in State law, the maximum penalties allowable under State law shall govern. (Added by Ord. 341 § 3, 2016); (Amended by Ord. 354 § 4, 2017; Ord. 469 § 13, 2025)

DIVISION 5 OVERLAY DISTRICTS

CHAPTER 1 GENERAL PROVISIONS

(a) This chapter provides land use regulations as part of the Official Land Use Plan of the City of Yucaipa for the incorporated areas of said City.

(b) Overlay districts are established to reorganize and map environmental hazard constraints, environmental resource amenities, or community concerns which should be taken into consideration when land development is being proposed. Overlay districts establish regulations in addition to those imposed by the land use district. Overlay districts shall be designated where development within a land use district is affected by or would affect such environmental hazard constraints, environmental resource amenities, or community concerns.

(c) When an overlay district is mapped over any land use district, the development standards used for that site shall be those as set forth in the overlay district and/or the land use district, whichever is more restrictive.

(d) The procedures for using overlay districts shall be outlined in this chapter.

• (e) When appropriate, variances from standards set forth in the overlay districts may be granted.

(a) Overlay districts are established for the following purposes.

(1) To preserve and protect valuable resources of land, natural land formations and land uses which have been identified as needing such protection

(2) To identify natural or man-made conditions which are a potential threat to public health and safety and to formulate requirements to mitigate such threats

(b) Each overlay district section contains the following subsections: “Intent,” “Locational Requirements,” and “Development Standards.” The “Intent” and “Locational Requirements” sections provide necessary information for locating overlay districts. The “Development Standards” section provides the necessary regulatory guidance for land uses within an overlay district that are in addition to those required by the applicable land use district.

(a) When an overlay district is established in conjunction with a land use district, it shall be designated on the appropriate overlay map or appropriate land use district map.

(b) The following symbols appear on the official land use or overlay maps to identify the various overlay districts.

(Amended by Ord. 145 § 2, 1995; Ord. 239 § 2, 2005)

The regulations and development standards established by an overlay district shall be imposed in addition to those established by the underlying land use district, shall prevail when they are more restrictive, and shall overlay all land use districts on all parcels or portions thereof which are encompassed or circumscribed by one or more overlay districts. Land use districts may augment and strengthen the standards and provisions specified by an overlay district. Overlay districts may be added as a suffix or a series of suffixes to the primary land use district (e.g., RL-AP) when designated on a land use district map. Each overlay district, however, is an independent, individual land use regulation, which is adopted or amended independent of the land use district.

(a) The boundaries of established districts are shown and delineated on the Land Use and Overlay 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 part of 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 ordinances adopting “sectional” land use district maps covering portions 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 and overlay district boundaries shall extend to street right-of-way centerlines.

The following shall apply to all land use applications and development permits which are submitted for property within an overlay district.

The accepting authority shall require a Land Use Compliance Review when the review process for a land use application or development permit does not provide an adequate review or implementation mechanism to properly address the protection or preservation measures and standards specified by an overlay district.

The uses permitted on a parcel which has an overlay district shall be those uses allowed by the primary land use district subject to the provisions of all applicable overlay district provisions, as well as those of this Code. Where the regulations or standards established by an overlay district conflict with provisions of a primary land use district or other provisions of this Code, the more stringent regulations or standards shall govern.

The provisions of each section of this chapter shall provide the criteria for the establishment or change of the applicable overlay district boundary. Each overlay district is an individual land use designation that is a separate and independent designation from the primary land use district and remains with the property irrespective of the underlying land use district unless specifically changed. A change in the primary underlying land use district does not change an overlay district designation.

The City Council may act upon changes in classification of property regarding one or more adopted overlay district(s) and upon amendments to the text of the overlay districts at any time pursuant to the provisions of Division 3, Chapter 2 of this Code.

Where uncertainty exists as to the boundaries of any district shown on the overlay 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 overlay district maps, as part of the Official Land Use Plan, classifications, and boundaries of overlay 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.