This Ordinance shall be known as the “Development Code of the City of Yucaipa” or as the “Development Code.”
The Development Code is adopted pursuant to the following authority.
(b)
Planning and Zoning Law, California Government Code, Title 7.
All of the provisions of the Development Code, as well as any land use authorized by the Development Code, shall be consistent with the Yucaipa General Plan.
The provisions of the Development Code constitute minimum requirements. The City of Yucaipa may establish more stringent requirements where they are deemed necessary.
Unless otherwise provided, any ambiguity concerning the content or application of the Development Code shall be resolved by the Planning Agency.
Where the Development Code imposes a greater restriction upon the use of buildings or land, or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules or regulations or by easements, covenants or agreements, the provisions of the Development Code shall control.
No City-issued licenses or permits shall be issued for uses or buildings or purposes where the same would be in conflict with the provisions of the Development Code or the City’s General Plan. Any such license or permit, if issued in conflict with the provisions hereof, shall be null and void and shall not support any claim to a vested right to develop.
If any section, subsection, sentence, clause, phrase or portion of the Development Code is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Code.
The City hereby declares that it would have adopted the Development Code and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.
An Official Land Use Plan for the incorporated area of the City of Yucaipa, County of San Bernardino, State of California, is hereby adopted and established as is hereafter set forth in this Code, to promote, protect and secure the public health, safety and general welfare; to provide the social and economic advantages resulting from an orderly, planned use of land resources; and to encourage, guide and provide a definite plan for the future growth and development of said City.
It is recognized that the Official Land Use Plan referred to herein must be periodically reviewed, refined, and maintained, and the City Council in conformity with the State Planning and Zoning Law as amended, and the provisions of this Code, hereby delegates to the Community Development Department of the City of Yucaipa, the responsibility for conducting necessary studies, surveys and the preparation of maps in order to develop detailed land use plans, and the responsibility for processing changes of land use districts for adoption by the City Council for the various portions of the incorporated territory of Yucaipa as it becomes desirable, practical and practicable so that the result shall be a comprehensive land use plan for the City.
(a)
As a condition of approval of a land use application, the applicant shall agree to defend, indemnify, and hold harmless the City or its agents, officers and employees from any claim, action, or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul an approval of the City, an advisory agency, appeal board or legislative body concerning the map or permit or any other action relating to or arising out of such approval when such action is brought within the applicable statute of limitations.
(b)
Any condition of approval imposed pursuant to the provisions of this section shall include a requirement that the City promptly notify the applicant of any claim, action, or proceeding and that the City cooperate fully in the defense. If the City fails to promptly notify the applicant of any claim, action or proceeding, or if the City fails to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify, or hold the City harmless.
(c)
If any provision of this section is found invalid by a court of law, the remaining provisions of this section shall remain in full force and effect.