89.0110 Scope. — Yucaipa Zoning Code

(a) The provisions of this Division shall apply to all private land within the incorporated areas of the City of Yucaipa and to public lands owned by the City, except as specified by the provisions of this Division.
(b) Exceptions

The provisions of this Division, except those of Chapters 2 and 5, are not applicable to the removal of any regulated tree as part of any of the following situations:

(1) Removal as part of a timber operation conducted under the Forest Practice Act of 1973 (California Public Resources Code, Division 4, Part 2, Chapter 8)
(2) Removal from lands owned by the United States Government, State of California, or local governmental entity, excluding Special Districts
(3) Removal by any public utility subject to jurisdiction of the Public Utilities Commission or any other constituted public agency, including franchised cable TV where to establish or maintain safe operation of facilities under their jurisdiction, trees are pruned, topped, or braced
(4) Removal by the California Department of Forestry and Fire Protection
(5) Removal under the authority of the following
(A) Forest Improvement Program
(B) California Forest Improvement Program
(C) Agricultural Conservation Program
(6) Removal required by other codes, ordinances, or laws of the City of Yucaipa, the State of California, or the United States
(7) Removal of trees and plants which are an immediate threat to the public health, safety, or welfare and require emergency removal to prevent probable damage to a structure or injury to people or fenced animals
(8) Removal as part of a stocking control program prepared by a California Registered Professional Forester
(9) Removal as part of a fire hazard reduction program approved by the local Fire Authority
(10) Removal as part of a bona fide agricultural activity as determined by the Community Development Director or Planning Commission which subscribes to at least one of the following conditions
(A) Conducted under a land conservation contract; and/or
(B) An existing agricultural activity, including expansions of such activity onto undisturbed contiguous land; and/or

(C) A proposed bona fide agricultural activity if the City Planner or Planning Commission is given 30 days written notice of the removal describing the location of the land, the nature of the proposed activity, and the proposed sources of water for the activity. The City Planner or Planning Commission shall notify the landowner in writing prior to the elapse of the 30-day period if, in the opinion of the City Planner or Planning Commission, the activity is not a bona fide agricultural activity, or else the activity shall be deemed bona fide. A bona fide agricultural activity is one which is served by a water distribution system adequate for the proper operation of such activity.

(11) Removal on lots that have a net area of 20,000 square feet or less, which are developed with a primary structure, other than a sign structure
(12) Any regulated plant or tree that is within 20 feet of a structure on the lot that was constructed or set down under a City development permit

(13) Removal of two or fewer regulated trees in the mountain or valley area per year for private fuel wood purposes; the year shall be measured as the last 12 consecutive months

The permits authorized by this Division may be subject to conditions required by the reviewing authority. Such conditions may specify criteria, methods, and persons authorized to conduct the proposed activities which are subject to the permit. Where applicable, regulated trees and plants may be required to be transplanted and/or stockpiled for future transplanting.