(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 by-products.
(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.
(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.
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 Section 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 Section 85.030110(a) above.