Chapter 6 SPECIAL USES

One (1) detached dependent housing unit as defined in Division 12 of the Development Code may be permitted per parcel in any land use district as a temporary accessory use to any permitted single dwelling unit; provided, however, that there is only one single dwelling unit occupying the site.

Requirements.

The permittee shall occupy at least one of the dwelling units on the premises.

The permittee shall own the dependent housing unit.

Application for a permit shall be made by a resident owner of the subject property on which the dependent housing unit is to be located, or by his legal agent having power of attorney to make such application.

Renewal of permit. Permits for a dependent housing unit shall be issued for a period not to exceed 24 months and may be renewed for additional 24-month periods subject to the provisions of this section and Division 3.

Change of residency. The permittee shall submit written notification to the Community Development Department of any change of residence in the dependent housing unit.

Findings. Prior to acting upon an application for a Special Use Permit for a dependent housing unit, the reviewing authority shall find that all of the following are true.

The site for the proposed use is adequate in size and shape to accommodate said use and all yards, building coverage, setbacks, parking areas, and other requirements of the Code.

The proposed dependent housing unit is clearly subordinate in size, location, and appearance in the principal unit.

Issuance of the permit shall not be detrimental to the public health, safety, or welfare or injurious to the property or improvements in the vicinity and district in which the use is located.

The dependent housing unit shall be erected, constructed, or installed so as to allow for its removal.

The appearance of the dependent housing unit and the method of siting are compatible with the surrounding built environment.

(d)

Conditions.

Permitted structural types.

Units constructed to meet City Uniform Building Code Standards including, but not limited to, panelized structures or other structural types which may be affixed to a foundation but disassembled at a later date; or

Units constructed to meet the standards of the National Manufactured Home Construction and Safety Standards Act of 1974 subject to the issuance of a mobilehome permit.

Floor area. A maximum floor area of 840 square feet shall be permitted on parcels which are in land use districts requiring less than 2.5 acres minimum lot area. Parcels in land use districts which require 2.5 acres minimum lot area shall have a maximum floor area of 1,600 square feet. Park model travel trailers shall have a minimum of 400 square feet.

Design standards. The appearance of any temporary dependent housing unit erected, constructed, or set down in accordance with the provisions of this section shall be similar to or compatible with the appearance of the principal residence to which the temporary dependent housing unit is to be accessory.

Parking. Additional parking for the dependent housing unit shall not be required if the existing off-street parking complies with the applicable parking requirements of the Development Code, or if the resident(s) of the dependent housing unit are incapable of operating a motor vehicle.

Location. The dependent housing unit shall not extend beyond the principal unit where such principal unit faces a right-of-way.

(6)

Lot area. A dependent housing unit shall not be permitted on any parcel which does not have at least 7,200 square feet.

(7)

Removal of unit. As a condition of permit approval, the permittee shall sign a notarized temporary dependent housing agreement, which shall be recorded, and which places the responsibility upon the permittee to comply with the provisions of this section describing the method of removal of the dependent housing unit, and acknowledging that the permittee shall bear the cost of removal of such unit.

(Ord. 186 § 11, 1998)

§ 84.0610 Exotic animals.

The keeping of exotic animals as defined in Division 12 and as determined by the County Veterinarian shall be permitted as an accessory use to single dwelling unit, subject to the following regulations.

Requirements.

Prior to giving notice, the reviewing authority shall request that the County Veterinarian submit a statement regarding the particular animal’s mature behavior and personality characteristics. Notice given to adjacent property owners shall include a description of the type of animal and its behavior characteristics.

Any action to approve a request for a Special Use Permit for an exotic animal shall not be effective until written evidence is received by the Community Development Director that the following conditions have been met.

The applicant has applied for and obtained a permit from the Public Health Department.

The applicant has applied for and obtained a permit from the State Department of Fish and Game.

Conditions. Any action to approve a request for an exotic animal Special Use Permit shall include the following conditions, in addition to any conditions deemed appropriate by the reviewing authority.

The keeping of the animal must comply with all City Code requirements, including setbacks from property lines and other dwellings.

The keeping of the animal must comply with all applicable federal and state requirements.

No more than two exotic animals over the age of six months may be kept as an accessory use to a single dwelling unit, unless a Conditional Use Permit for a menagerie or zoo has been approved.

Each exotic animal must have sufficient area to be maintained and exercised in a normal healthy manner as determined by the County Veterinarian.

§ 84.0615 Home occupations/cottage industry.

Each permit shall specify the periodic renewal period and inspection requirements.

Home occupations and cottage industries are commercial uses which are accessory to a residential land use where such a use will clearly not alter the character or the appearance of the residential environment. Home occupations and cottage industries shall be permitted as accessory uses to a residential land use, subject to a Home Occupation Permit and to the following conditions. Home occupation and cottage industry standards are divided into three groups of provisions.

General standards applying to both home occupations and cottage industries.

Home occupation standards for properties within land use districts which allow residential uses.

Cottage industry standards for land use districts which require a minimum parcel size of 2.5 acres where the lot size is at least one acre.

General standards. All home occupations and cottage industries shall adhere to the following standards.

Pedestrian and vehicular traffic will be limited to that normally associated with residential districts.

The home occupation shall not involve the use of commercial vehicles for the delivery of materials to or from the premises beyond those commercial vehicles normally associated with residential uses.

The home occupation shall be confined to an enclosed structure.

The appearance of the structure shall not be altered, nor the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, or signs, or the emission of sounds, noises, and vibrations. The uses of utilities and community facilities shall be limited to that normally associated with the use of property for residential purposes.

If the operation is to be operated by a tenant of the property, notarized written permission from the property owner for the use of the property for home occupations shall be submitted.

(6)

All required permits from other agencies and departments shall be submitted with the Home Occupation Permit application.

(7)

Noise emanations shall not exceed 55 dBA as measured at the property lines at all times.

(8)

Any activity producing glare shall be carried on so that direct or indirect light from the source shall not cause glare onto an adjacent parcel.

(9)

Chemicals, solvents, mixtures, or materials which are corrosive, toxic, flammable, an irritant, a strong sensitizer, or other similar materials used in home occupation shall be used and stored in accordance with regulations of the San Bernardino County Department of Environmental Health Services, Hazardous Materials Division.

(10)

Parking shall comply with the parking requirements specified by Division 7, Chapter 6 of this Code. One additional parking space shall be provided for each non-resident employee.

(11)

Motor vehicle repair or service will not be allowed as a home occupation use.

(12)

Public advertising (e.g., handbills) shall only list a phone number, home occupation operator’s name, post office box, and description of business. Location information shall be limited to community name only. Business address or location should not be included in any public advertising.

(13)

A non-illuminated identification sign, not to exceed 6 square feet in area and stating the business name and telephone number, shall be permitted. If not attached to the residence, such a sign shall not exceed six feet in height and must blend with the architectural style of the structure and the neighborhood.

Home occupation standards. Home occupations are allowed on any property that is within a land use district that allows residential uses, subject to a Home Occupation Permit and the following provisions.

All employees, partners, or operators of the home occupation shall be members of the resident family and shall reside on the premises.

Up to 25% or 250 square feet, whichever is greater, of the total floor area of the dwelling unit and related accessory structures, may be used for storage of materials and supplies related to the home occupation.

(d)

Cottage industry standards. Cottage industries are allowed on properties that are at least one acre in area within land use districts that allow residential uses and which require a minimum lot area of 2.5 acres or greater, subject to a Home Occupation Permit and the accordance with the following conditions.

All employees, partners, or operators of the home occupation, except two, shall be members of the resident family and shall reside on the premises.

Up to 35% of the total floor area of the dwelling unit and related accessory structures or 500 square feet, whichever is greater, of the home may be used for storage of materials, supplies, and equipment related to the cottage industry.

Operating hours of a home occupation shall be between the hours of 7:00 a.m. and 8:00 p.m.

Direct sales of products or merchandise shall be limited to seven customers per week.

§ 84.0625 Recycling facilities.

Requirements. No person, corporation, or legal entity shall place or permit the placement and/or operation of any recycling facility, including a reverse vending machine, collection facility, or processing facility without first obtaining any permits required pursuant to the provisions set forth in this chapter. Recycling facilities may be permitted as set forth in the following table.

Type of Facility	Land Use Districts Permitted	Permit Required
Reverse Vending Machines (up to 100 square feet)	CN, CG, CS, IC	SUP
Small Collection Facility (up to 500 square feet)	CN, CG, CS, IC	SUP
Large Collection Facility (over 500 square feet)	CG, CS, IC	CUP
Light Processing Facility (up to 4,500 square feet)	CG, CS, IC	CUP
Heavy Processing Facility (over 4,500 square feet)	IC	CUP

(Note: All facilities, in addition to other designated permits, may be subject to a Special Use Permit and/or health permits as may be required in Title 3 of the City Code.)

Criteria and standards. Recycling facilities subject to Conditional Use Permit and/or Special Use Permit, shall meet the applicable criteria and standards listed below, provided that the Director of Community Development, Planning Commission, or City Council, as the case may be, may relax such standards or impose stricter standards at their discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this chapter and the purposes of this Code. The criteria and standards for recycling facilities are as follows.

Reverse vending machines. Reverse vending machines do not require any permits under this Code; however, permits are required for reverse vending machines subject to the requirements of Division 3, Title 3, of the City Code.

Small collection facilities.

The facility shall be established as an accessory use to a primary commercial or industrial use which is in compliance with the zoning, building, and fire codes of the City of Yucaipa and shall not occupy more than 500 square feet of floor space.

Containers shall be constructed and maintained with durable, waterproof, and rustproof material, and shall be covered.

(C)

Containers shall be clearly marked to identify the type(s) of recyclable(s) which may be deposited.

(D)

The facility shall be clearly marked to identify the name and telephone number of the facility operator.

(E)

The site shall be swept and maintained in a dust-free, litter-free condition on a daily basis.

(F)

The facility shall be set back at least 10 feet from any street right-of-way and shall not obstruct pedestrian or vehicular circulation.

(G)

The facility shall not impair the landscaping required for any concurrent use by this title or any permit issued pursuant thereto.

(H)

Noise level shall not at any time exceed 65 dBA as measured at the property line of residentially zoned or occupied property and shall not exceed 70 dBA at any point.

Small collection facilities shall not include power-driven sorting and/or consolidation equipment, such as crushers or bailers, except reverse vending machines.

(J)

Signs may be provided as follows. In addition to the signs and certificates issued by the Department of Conservation and the Division of Recycling, which must be displayed by the operator/processor, and the informational signs required by this chapter, the following signs are permitted.

An unattended container 50 cubic feet or smaller in bulk and nine feet or shorter in height may have a maximum sign area of four square feet.

(II)

Other containers or units may have one, flat-mounted sign per side of container or wall of enclosure of 20% of the surface of the side up to a maximum of 16 square feet.

(K)

Use of the facility for collection of solid wastes or hazardous wastes, as defined in Division 12 and as specified by Section 812.08022 of Title 8, is prohibited.

(L)

If the permit expires without renewal, the collection facility shall be removed from the site on the day following permit expiration.

(M)

Attended facilities located within 100 feet of a property zoned or occupied for residential use shall be in operation during the hours between 9 am and 7 pm, and otherwise during the hours of operation of the host business. Containers for the 24-hour donation of materials shall be at least 30 feet from any property zoned or occupied for residential use, unless there is a recognized service corridor and acoustical shielding between the containers and the residential use.

(N)

The facility shall conform to all development regulations for the land use district in which it is located.

(O)

Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during the hours when the mobile unit is scheduled to be present.

(P)

Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary host use, unless all of the following conditions exist.

The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation.

(II)

A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site.

(III)

The permit will be reconsidered at the end of 12 months. Parking credits in an established parking facility may then be granted as follows.

Number of Available Parking Spaces (commercial host use)	Maximum Reduction
0-25	0
26-35	2
36-49	3
50-99	4
100 +	5

For a community facility host use, a maximum five-space reduction will be allowed when not in conflict with parking needs of the host use.

Large collection facilities. A large collection facility is one that is larger than 500 square feet or is on a separate property not appurtenant to a host use and may have a permanent building. A large collection facility is permitted in designated commercial and industrial Land Use Districts with a Conditional Use Permit, provided the facility meets the following standards.

The facility is located at least 150 feet from the property line of any residential use or Land Use District which allows residential land uses.

The facility shall be screened from the public right-of-way by operating in an enclosed building or within an area enclosed by an opaque fence at least six feet in height with landscaping and shall meet all applicable noise standards specified in this chapter.

(C)

Setbacks and landscape requirements shall be those provided for the Land Use District in which the facility is located.

(D)

All exterior storage of material shall be in sturdy containers which are covered, secured, and maintained in good condition, or may be baled or placed on pallets. Storage containers for flammable material shall be constructed of non-flammable material. Oil storage must be in containers approved by the Department of Environmental Health Services. No storage, excluding truck trailers and overseas containers, shall be visible above the height of the fencing.

(E)

The site shall be maintained free of litter, dust, flies, and any other undesirable materials, and shall be cleaned of loose debris on a daily basis.

(F)

Space shall be provided on site for six vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit recyclable materials, except where the Planning Agency determines that allowing overflow traffic above six vehicles is compatible with surrounding businesses and public safety.

(G)

One parking space shall be provided for each commercial vehicle operated by the recycling facility. Parking requirements shall be as provided for in the Land Use District in which the facility is located, except that parking requirements for employees may be reduced when it can be shown that parking spaces are not necessary, such as when employees are transported in a company vehicle to a work facility.

(H)

Noise levels shall not exceed 65 dBA as measured at the property line of residentially-zoned property and shall not exceed 70 dBA at any point.

If the facility is located within 500 feet of property zoned, planned, or occupied for residential use, it shall not be in operation between 7 pm and 7 am.

(J)

Any containers or enclosures provided for after-hours donation of recyclable materials shall be located at least 50 feet from any property zoned, planned, or occupied for residential use, shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected, and shall be secured from unauthorized entry or removal of materials.

(K)

Donation areas shall be kept free of litter and any other undesirable material, and the containers shall be clearly marked to identify the type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers.

(L)

The facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation; identification and information signs shall meet the standards of the zone, and directional signs may be installed with the approval of the City Planner if necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way.

(M)

Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material may be approved at the discretion of the Planning Agency if noise and other conditions are met.

Processing facilities.

The facility shall be located at least 150 feet from property planned, zoned, or occupied for residential use, and operations shall take place within a fully enclosed building or within an area enclosed by a solid wood or masonry fence at least six feet in height.

Setbacks from property lines shall be those provided for the land use district in which the facility is located. If the setback is less than 25 feet, the facility shall be buffered by a landscape strip at least 10 feet wide along each property line.

(C)

If the facility is located within 500 feet of property planned, zoned, or occupied for residential use, it shall not be in operation between 7 pm and 7 am. The facility shall be administered by on-site personnel during the hours the facility is open.

(D)

Noise levels shall not exceed 65 dBA as measured at the property line of an existing residence or Land Use District allowing residential land uses and shall not exceed 70 dBA at any point.

(E)

Sign criteria shall be those provided or the zoning district in which the facility is located and the provisions specified in Chapter 7, Division 7 of the City Code. In addition, the facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation.

(F)

Any containers or enclosures provided for after-hours donation of recyclable materials shall be located at least 50 feet from any property zoned or occupied for residential use, shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected, and shall be secured from unauthorized entry or removal of materials.

(G)

Donation areas shall be kept free of litter and any other undesirable material. The containers shall be clearly marked to identify the type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers.

(H)

No dust, fumes, smoke, vibration, or odor above ambient level may be detectable on neighboring properties.

Power-driven processing shall be permitted, provided all noise level requirements are met. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding, and sorting or source-separated recyclable materials and repairing of reusable materials.

(J)

A light processing facility shall be no large than 45,000 square feet and shall have no more than an average of two outbound truck shipments of material per day and may not shred, compact, or bale ferrous metals other than food and beverage containers.

(K)

A processing facility may accept used motor oil for recycling from the generator in accordance with Section 25250.11 of the California Health and Safety Code.

(L)

All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured, and maintained in good condition or may be baled or placed on pallets. Storage containers for flammable material shall be constructed of non-flammable material. Oil storage must be in containers approved by the Community Development Director. No storage, excluding truck trailers and overseas containers, shall be visible above the height of the fencing.

(M)

The site shall be maintained free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis, and shall be secured from unauthorized entry and removal of materials when attendants are not present.

(N)

Space shall be provided on site for the anticipated peakload of customers to circulate, park, and deposit recyclable materials. A minimum of six parking spaces or on-site, drive-through stacking capacity for 10 vehicles shall be provided.

(O)

One parking space shall be provided for each commercial vehicle operated by the processing center. Parking requirements shall otherwise be as mandated by the zone in which the facility is located.

Site clean-up required. The operator and host business of any recycling collection or processing facility shall, on a daily basis, remove any and all recyclable materials or solid wastes which have accumulated or are deposited outside the containers, bins, or enclosures intended as receptacles for such materials. Upon the failure to remove said materials, the City may deem them to be abandoned and may enter the site to remove the materials. The property owner(s) of the premises and the operator of the facility shall be liable for the full cost of any such clean up work done by the City.

(Ord. 186 § 10, 1998)

§ 84.0630 Private kennels.

The establishment of private kennels shall be subject to the following regulations.

Notice shall be given in accordance with Staff Review With Notice procedure.

Any action to approve a request for a private kennel as an established Rural Living Use in a Rural Living and Land Use District shall not be effective until written evidence is received by the Community Development Director that the applicant has applied for and obtained all required permits from the San Bernardino County Public Health Department, Office of Preventive Veterinary Services.

Conditions. Any action to approve a request for a private kennel permit as an accessory use shall include the following conditions.

The establishment of the private kennel must comply with all provisions of the City Code, Title 3, Division 2, Chapter 3, Commercial Kennels.

The keeping of the animals must comply with all City Code requirements including, but not limited to, setbacks from property lines and other dwellings.

A minimum lot size/parcel size of 2.5 acres per parcel shall be required with a maximum of 15 dogs per parcel permitted.

Private kennels shall be required to be inspected by the Department of Public Health quarterly. One annual inspection shall be conducted jointly by the Department of Public Health and the Community Development Department. Written reports from the Department of Public Health must be submitted to the City after each quarterly inspection.

Noise shall be attenuated to 55 dBA from the property line.

(6)

The permit application may be denied if two or more contiguous property owners submit substantive objection in writing to the City.

(7)

All direct and indirect glare from the source shall not cause glare upon adjacent property owners.

(8)

All fencing shall comply with the City Code, Title 3, Division 2, Chapter 3. The special use permit may require the use to be fully screened from adjacent properties.

(9)

One sign not to exceed 12 square feet in area stating “Private Kennel” with a 24-hour emergency phone number must be posted at all entries to the parcel.

§ 84.0635 Special uses.

Any use that is the subject of an approved Conditional Use Permit in accordance with the provisions of Division 3 may also be made subject to the issuance of a Special Use Permit.

Special Use Permits may be issued for limited time periods. New applications may be required for Special Use Permit renewal.

§ 84.0640 Hazardous waste facilities.

All specified hazardous waste facility applications shall be subject to a Special Use Permit with a copy of the disclosure statement required by Health and Safety Code Section 25200.4. The purpose of the Special Use Permit shall be to evaluate the operation and monitoring plan of the facility, to ensure the facility has adequate measures for monitoring on-going impacts to air quality, groundwater, and environmentally-sensitive resources, to evaluate the types and quantities of wastes that will be treated or disposed of at the facility, and to require periodic inspections of the facility to ensure conditions of approval are implemented and monitored.

§ 84.0645 Accessory structures.

Any newly constructed detached carport or private garage as defined in Division 12 of the Development Code that is greater than 1,200 square feet in area, or more than 20 feet in height, or of an unconventional design (commercial or industrial) that may be incompatible with the surrounding residential area shall be subject to Planning Commission review and approval of a Special Use Permit prior to the issuance of building permits. This Special Use Permit shall be a one-time permit that will remain valid for the life of the structure.

Any newly constructed detached accessory structure, barn, workshop, or guest housing as defined in Division 12 of the Development Code that is greater than 1,200 square feet in area, or more than 20 feet in height, or of an unconventional design (commercial or industrial) that may be incompatible with the surrounding residential area shall be subject to Planning Commission review and approval of a Special Use Permit prior to the issuance of building permits. This Special Use Permit shall be a one-time permit that will remain valid for the life of the structure.

Findings. Prior to acting upon an application for a Special Use Permit for a detached carport, private garage, or other detached accessory structure, the reviewing authority shall find that all of the following are true.

The site for the proposed use is adequate in size and shape to accommodate said use and all yards, building coverage, setback, parking area, and other requirements of the Code.

The proposed accessory structure is subordinate in size, location, and appearance to the primary residential unit.

Issuance of the permit shall not be detrimental to the public health, safety, or welfare, or injurious to the property or improvements in the vicinity and district in which the use is located.

The appearance of the detached accessory structure and the method of construction are compatible with the surrounding built environment.

(Ord. 227 § 3, 2004)

§ 84.0650 Custom home design review.

All new construction on existing parcels within the Custom Home (CH) Overlay District shall be subject to the review and approval of a Special Use Permit by the Planning Commission whenever unconventional designs are proposed (i.e., dome houses, “themed” structures, metal buildings or components, etc.).

Findings. Prior to acting upon an application for a Special Use Permit for design review, the reviewing authority shall find that all of the following are true:

The site for the proposed use is adequate in size and shape to accommodate said use and all yards, building coverage, setback, parking area, and other requirements of the Code.

The proposed residential structure meets or exceeds all of the Development Standards of the Custom Home (CH) Overlay District.

The issuance of a building permit will not be detrimental to the public health, safety, or general welfare, or injurious to the property or improvements in the vicinity in which the use is located.