A. General Provisions: This section identifies the standards and requirements for native landscaping on residential developments.
Regulated desert native plants for all residential projects, include the following:
REGULATED DESERT NATIVE PLANTS
Botanical Name | Common Name |
Yucca schidigera | Mojave yucca |
Nolina parryi | Parry's nolina |
Juniperus californica | California juniper |
Yucca whipplei | Our Lord's candle |
Pinus monophylla | Pinon pine |
Pursuant to section 80117 of the state Food And Agricultural Code, the clearing or removal of native plants from a canal, lateral ditch, survey line, building site, or road or other right of way by the landowner or his agent, if the native plants are not to be transported from the land or offered for sale, are not subject to state regulations. For plants regulated by the state to be transplanted off site, the town shall issue permits for their relocation in accordance with this chapter.
B. Scope:
1. Provisions: The provisions of this section shall apply to all land within the town of Yucca Valley.
a. It is prohibited for any individual or entity to remove, transplant, damage, disturb, or destroy any part of any regulated desert native plant, except its fruit, from any privately or publicly owned piece of land in the town of Yucca Valley, without first obtaining a regulated desert native plant permit from the town, unless said activity is exempt from the requirement to first obtain a regulated desert native plant permit.
b. It is prohibited for any individual or entity to remove or damage all or part of any regulated desert native plant on another property without first obtaining written permission from the landowner and an approved regulated desert native plant permit. It is unlawful for any person to falsify any document offered as evidence of permission to enter upon the property of another to remove all or parts of a regulated desert native plant, whether it is alive or dead.
c. It is prohibited for any individual or entity, unless exempted by this section, to destroy, dig up, mutilate or to possess any regulated desert native plant, including the living parts of such, unless the regulated desert native plant was disturbed under a regulated desert native plant permit. Any individual or entity shall exhibit the regulated desert native plant permit upon request for inspection by any duly authorized entity as described in this section.
d. The commercial harvesting of regulated desert native plants is prohibited.
2. Exceptions: The following are exempt from the provisions of this section:
a. The removal and transplanting on and off site of regulated desert native plants on and from lands owned by the United States government or any federal agency, the state of California, the county of San Bernardino, the town of Yucca Valley, and all special districts.
b. The removal and transplanting on and off site of regulated desert native plants required by other codes, ordinances or laws of the town of Yucca Valley, county of San Bernardino, the state of California or the United States government or any federal agency.
c. The removal and transplanting on and off site of regulated desert native plants which are an immediate threat to the public health, safety or welfare, as determined by the planning division.
d. Removal as part of a bona fide agricultural activity as determined by the town that is:
(1) Served by a water distribution system adequate for the proper operation of such activity; and/or
(2) Conducted under a land conservation contract; and/or
(3) An existing agricultural activity; and/or
(4) A proposed bona fide agricultural activity if the planning division is given thirty (30) days' written notice of the removal describing the location of the land and the nature of the proposed activity. The planning division shall notify the landowner in writing prior to the lapse of the thirty (30) day period if, in the opinion of the planning division the activity is not a bona fide agricultural activity or else the activity shall be deemed bona fide.
e. Destruction or removal of a regulated desert native plant that has died from natural causes or that has been destroyed by fire or other natural disasters.
f. Any regulated desert native plant that is within the building footprint and within twenty feet (20') of the building footprint of an existing structure and for new infill residential development, as determined by the planning division.
g. When removal is required by any public utility subject to jurisdiction of the public utilities commission or any other constituted public agency, including franchised cable TV, to establish or maintain safe operation of facilities under their jurisdiction.
3. Permit Required: A native plant permit shall be required for the removal and transplanting on and off site of any regulated desert native plants identified in this section.
a. A regulated native plant permit application shall be submitted to and approved by the town prior to the removal and transplanting on and off site of any regulated desert native plant.
b. The regulated native plant permit application shall include the following information:
(1) The botanical and common name of the regulated desert native plant.
(2) A native plant survey showing the precise location of each regulated desert native plant.
(3) The trunk or stem diameter of each regulated desert native plant.
(4) The height of each regulated desert native plant.
(5) The health or condition of the regulated desert native plant, including the identification of those regulated desert native plants that are not likely to survive transplanting procedures.
(6) The proposed placement or disposition of the regulated desert native plant, i.e., transplant on site, adopt off site, remove, etc.
(7) Additional information that may be required based upon the individual application.
C. Single-Family Residential Infill, Existing Single-Family Residences And Multi-Family Residential Three Units Or Less:
1. A regulated desert native plant permit application shall be submitted to the planning division at the time of filing a building or grading permit application for development of infill residential lots unless exempt.
2. A regulated desert plant permit application shall be submitted to the planning division for removal or relocation on or off site when the property owner is proposing improvements to the property including swimming pools, swing sets, horse arenas, other animal keeping activities, basketball courts, tennis courts, recreational or other vehicle parking, driveways and access, play areas, accessory structures, and other uses typical to single- family residences.
3. The regulated desert native plant application documentation shall contain the following information:
a. Printed photographs depicting the proposed native plant that is to be removed or transplanted. The photographs must clearly show the location, size of the subject plant, and its surroundings. At minimum, the surrounding area photographs shall include two (2) different views of the subject plant.
b. A plot plan is required in order to show location of regulated desert native plants proposed to be removed, transplanted, or retained in its native location. The plot plan shall clearly demonstrate that the property meets the standards in table 1 of this section.
4. Written permission from the property owner(s) authorizing the proposed removal or relocation of regulated desert native plants from the property.
5. The property owner may attempt to retain as many regulated desert native plants in their native location as possible. The property owner may also attempt to transplant or relocate as many regulated desert native plants as possible on site. The property shall comply with the minimum standards specified in table 1 of this section.
6. Those regulated desert native plants identified in the permit application to not remain on site following development, and which are not incorporated into a project's landscaping plan, may be available for adoption at the property owner's discretion.
7. The following chart establishes the minimum undisturbed area that shall be provided:
TABLE 1
Lot Size | Required Undisturbed Area |
Up to 2.49 acres | No mandate, incentives only |
2.5 to 4.99 acres | A minimum of 5% of the lot shall remain undisturbed |
5+ acres | A minimum of 10% of the lot shall remain undisturbed |
8. Single-family residential infill development in the rural living residential land use district, which exceed the minimum required undisturbed area from table 1 of this section by a minimum of ten percent (10%), shall be allowed up to a ten percent (10%) deviation of all development code standards listed in table 2 of this section and approved in conjunction with the project. The deviations include the following:
TABLE 2
Typical Standards | Deviations Permitted | |
Lot size | Varies | Up to a 10% reduction in lot size based on property zoning |
Typical Standards | Deviations Permitted | |
Lot size | Varies | Up to a 10% reduction in lot size based on property zoning |
Front setback | 25' | 22.5' |
Side/rear setbacks | 15' | 13.5' |
Arterial/collector street side setback | 25' | 22.5' |
Local street side setback | 25' | 22.5' |
Lot dimensions | 150'/150' | 135'/135' |
Lot coverage | 20% | 22% |
9. Single-family residential infill development in the single- family residential land use district which voluntarily retains ten percent (10%) undisturbed area shall be allowed up to a ten percent (10%) deviation of all development code standards listed in table 3 of this section and approved in conjunction with the project. The deviations include the following:
TABLE 3
Typical Standards | Deviations Permitted | |
Lot size | Varies | Up to a 10% reduction in lot size based on property zoning |
Typical Standards | Deviations Permitted | |
Lot size | Varies | Up to a 10% reduction in lot size based on property zoning |
Front setback | 25' | 22.5' |
Side/rear setbacks | 5'/10' | 4.5'/9' |
Arterial/collector street side setback | 25' | 22.5' |
Local street side setback | 15' | 13.5' |
Lot dimensions | 60'/100' | 54'/90' |
Lot coverage | 40% | 44% |
10. Single-family residential infill development in the residential-hillside reserve land use district which exceeds the minimum required undisturbed area from table 1 of this section by a minimum of ten percent (10%) and provide documentation that the applicant has attended educational training on native plants shall be allowed up to a ten percent (10%) deviation of all development code standards listed in table 4 of this section and approved in conjunction with the project. The deviations include the following:
TABLE 4
Typical Standards | Deviations Permitted | |
Lot size | Varies | Up to a 10% reduction in lot size based on minimum lot size required |
Front setback | 75' | 67.5' |
Side/rear setbacks | 75' | 67.5' |
Arterial/collector street side setback | 75' | 67.5' |
Local street side setback | 75' | 67.5' |
D. Regulated Desert Native Plant Removal Procedures For All New Residential Subdivisions And Multi-Family Four Units Or More: Single-family residential subdivisions and multi-family four (4) units or more, shall be allowed to transplant on and off site and to remove all regulated desert native plants from their native locations within the property boundaries, pursuant to the following development standards and requirements:
1. Application Submission: A regulated desert native plant permit application shall be submitted to the planning division at the time of filing land use applications for development of residential subdivision projects. Land use applications for residential subdivision projects may include, but are not limited to, planned developments, specific plans, parcel and tract map applications, grading permit applications, building permit applications, and any other applications necessary for town authorization of land disturbing or development activity. The planning commission shall review and approve all native plant applications for residential subdivisions.
2. Application Information: The regulated desert native plant application documentation shall contain the following information:
a. The botanical and common name of the regulated desert native plant.
b. The precise location of each regulated desert native plant.
c. The trunk or stem diameter of each regulated desert native plant.
d. The height of each regulated desert native plant.
e. The health or condition of the regulated desert native plant, including the identification of those regulated desert native plants that are not likely to survive transplanting procedures.
f. The proposed placement or disposition of the regulated desert native plant, i.e., transplant on site, adopt off site, remove, etc. The plans for the regulated desert native plant survey shall be no smaller than twenty four inches by thirty six inches (24" x 36") unless otherwise approved by the planning division.
3. Transplanting Off Site And On Site: All regulated desert native plants identified in the regulated desert native plant survey as likely to survive transplanting shall be made available for adoption or shall be transplanted on site as part of the project's landscaping plan. All native plant permit applications shall illustrate maximum utilization of regulated desert native plants in the project's landscaping plan. It is strongly encouraged that all Yucca brevifolia (Joshua trees) identified for adoption and transplantation be relocated through the use of an adequately sized tree spade.
4. Adoption: Those regulated desert native plants identified in the regulated desert native plant survey as likely to survive transplanting procedures, and which are not incorporated into a project's landscaping plan, shall be available for adoption pursuant to this section to the general public for an adoption period of thirty (30) days, or until all available plants have been adopted, whichever is sooner, prior to any other ground disturbing activity on the project site. A thirty (30) day noticing and signage period is required which noticing period may begin prior to issuance of the regulated desert native plant permit.
5. Removal: Those regulated desert native plants not incorporated into a project's landscaping plan and not adopted during the thirty (30) day adoption period are allowed to be removed.
6. Table 5: The following additional standards shall apply to all new residential subdivisions:
TABLE 5
Proposed Lot Size | Required Undisturbed Area |
Up to 2.49 acres | None required, incentives only |
2.5 to 4.99 acres | A minimum of 5% of the project site shall remain undisturbed |
5+ acres | A minimum of 10% of the project site shall remain undisturbed |
7. Table 6: New residential subdivisions in the rural living land use districts, which exceed the minimum required undisturbed area from table 5 of this section by a minimum of ten percent (10%), and provide documentation that the applicant has attended educational training on native plants shall be allowed up to a ten percent (10%) deviation of all development code standards listed in table 6 of this section and approved in conjunction with the project. The deviations include the following:
TABLE 6
Typical Standards | Deviations Permitted | |
Lot size | Varies | Up to a 10% reduction in lot size based on property zoning |
Typical Standards | Deviations Permitted | |
Lot size | Varies | Up to a 10% reduction in lot size based on property zoning |
Front setback | 25' | 22.5' |
Side/rear setbacks | 15' | 13.5' |
Arterial/collector street side setback | 50' | 45' |
Local street side setback | 25' | 22.5' |
Lot dimensions | 150'/150' | 135'/135' |
Lot coverage | 20% | 22% |
8. Table 7: New residential subdivisions in the single-family residential land use districts which exceed the minimum required undisturbed area from table 5 of this section by a minimum of ten percent (10%) shall be allowed up to a ten percent (10%) deviation of all development code standards including:
TABLE 7
Typical Standards | Deviations Permitted | |
Lot size | Varies | Up to a 10% reduction in lot size based on property zoning |
Typical Standards | Deviations Permitted | |
Lot size | Varies | Up to a 10% reduction in lot size based on property zoning |
Front setback | 25' | 22.5' |
Side/rear setbacks | 5'/10' | 4.5'/9' |
Arterial/collector street side setback | 25' | 22.5' |
Local street side setback | 15' | 13.5' |
Lot dimensions | 60'/100' | 54'/90' |
Lot coverage | 40% | 44% |
9. Table 8: New residential subdivisions in the residential- hillside reserve land use district, which exceed the minimum required undisturbed area from table 5 of this section by a minimum of ten percent (10%), and provide documentation that the applicant has attended educational training on native plants shall be allowed up to a ten percent (10%) deviation of all development code standards listed in table 8 of this section and approved in conjunction with the project. The deviations include the following:
TABLE 8
Typical Standards | Deviations Permitted | |
Lot size | Varies | Up to a 10% reduction in lot size based on minimum lot size required |
Front setback | 75' | 67.5' |
Side/rear setbacks | 75' | 67.5' |
Arterial/collector street side setback | 75' | 67.5' |
Local street side setback | 75' | 67.5' |
TABLE 9
Typical Standards For Multi-Family Projects | Deviations Permitted | |
Residential Multi-Family RM | Residential Multi-Family RM | |
Typical Standards For Multi-Family Projects | Deviations Permitted | |
Residential Multi-Family RM | Residential Multi-Family RM | |
Front setback | 25' | 22.5' |
Side/rear setback | 10'/10' (per story) | 9'/9' (per story) |
Arterial/collector street side setback | 35' | 31.5' |
Local street side setback | 25' | 22.5' |
Lot coverage | 60% | 66% |
Parking | Varies | 10% reduction of total parking not to include handicap stalls |
(Ord. 253, 12-16-2014; amd. Ord. 291, 1-19-2021)