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Item 10 - 2nd Reading and Adoption of Ordinance No. 411

Yucaipa City Council
September 26, 2022

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Item 10 - 2nd Reading and Adoption of Ordinance No. 411
Meeting
September 26, 2022
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Yucaipa City Council
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21
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Text extracted from the city's file for reading and search. Open the original on coydocs.yucaipa.gov. That file is the official record.

X AIANU ANU A1)UY11UN
Ord. No. 411 Date:9/26/22 Item No. 10

CITY OF YUCAIPA

AGENDA REPORT
First reading approved on 9/ 12/2022
(Date)
Waive further reading and adopt Ord. No. 411
Approved By:

TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services Benjamin J. Matlock, Planning Manager/City Pla er��,.

Madeline Jordan, Assistant Planner
FOR: City Council Meeting of September 12, 2022
SUBJECT: Case No. 21-045/GPA/LUCR/MJV/DBA/ARC (Riverwalk Senior Development):

A Minor General Plan Amendment to change the land use designation of a property from RM-72C (Multiple Residential) to RM-24 (High Density Multiple Residential), a Density Bonus Agreement (DBA) to qualify for a 25% increase in land density, a Land Use Compliance Review with Architectural Review to construct a 150-unit, three story, age -restricted senior housing complex for individuals who are 55 years and older, with two (2) monument signs at the entrance of the 5-acre site, and two (2) Major Variances to allow for a total of eighty (80) percent of the 150-units to be 1- bedroom in lieu of thirty-five (35) percent, and for one (1) bedroom units to provide seventy-six (76) square feet of private open space in lieu of the one hundred fifty (150) square feet required for ground floor units and the one hundred (100) square feet required for above ground units, located at 12836 3rd Street, APN: 0319-112-03.

RECOMMENDATION:

That the City Council conduct a public hearing and consider the Planning Commission's recommendation to:

2. Approve first reading, by the title only, as read by staff, of Ordinance No. 411, amending Ordinance No. 343, amending the Official Land Use Plan and Zoning Ordinance as adopted by the City of Yucaipa; and
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City Council Meeting of September 12, 2022
Riverwalk Senior Development — (Case No. 21-045/GPA/LUCR/MJV/DBA/ARC)

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BACKGROUND:

Planning Commission Meeting:

The proposed Project was discussed at the regular Planning Commission hearing on August 3, 2022, and was ultimately recommended for consideration of approval by City Council. While there were no public comments made during the Public Hearing, the primary discussion with the Planning Commissioners included: parking demand that would occur following the development of the Project, the overall height of the senior apartments, the avoidance of the drainage area and how it relates to the proposed variances, and the appropriateness of a General Plan Amendment to rezone this area.

Parking Capacity: Comments by the Planning Commission explored if the proposed 146 parking spaces for the Project were sufficient for the 150 senior units, noting that seniors may still have more than one (1) vehicle within a household. However, pursuant to State Law (AB-744), the required parking for the Project is 75 spaces, and the Project has therefore provided a surplus of 71 spaces.

Additionally, the property manager would likely regulate parking through rental contracts on a unit - by -unit basis.

Height of Multi -Story Structures: A key element discussed at the Planning Commission Meeting was the proposed height of the three-story building, with specific concerns over privacy, neighborhood compatibility and viewsheds, as the three-story structure is proposed to be 43.5 feet in height. Although the Development Code does not protect viewsheds, this General Plan Amendment will require greater setbacks than the existing land use designation, as the RM-24 Land Use District requires a minimum front setback of 35 feet and a minimum side setback of 20 feet, which would reduce the impact of the multi -story structure from adjoining streets. Additionally, the Commission noted that the site was lower in elevation than other sites nearby, which would help abate the potential concerns.

Avoidance of the Drainage Area/Variances: The Project site includes a natural drainage channel along the southern property line, which reduces the developable area of the site, and makes it more difficult to meet all development standards. Additionally, the Mitigation Monitoring and Reporting Program (MMRP) requires the applicant to provide the City the required permits or authorized clearance obtained from the Department of Fish and Game in accordance with the Section 1600 et. seq. of the State Fish and Game Code, from the United States Army Corps of Engineers in accordance with Section 404 of the Clean Water Act, and from the California Regional Water Quality Control Board Santa Ana Region in accordance with Section 401 of the Clean Water Act, for any impacts to the channel.

Appropriateness of a General Plan Amendment: The Planning Commission discussed the appropriateness of a General Plan Amendment (GPA) and the efforts to change what had previously been planned for by the General Plan. The proposed GPA and LUCR would permit the net increase of 63 senior dwelling units compared to a project that was built at the density permitted in the RM- 72C Land Use District, which would allow an 87-unit senior housing Project with a maximum height -144-

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Riverwalk Senior Development — (Case No. 21-045/GPA/LUCR/IV1JV/DBA/ARC)

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of 35 feet through the standard Conditional Use Permit (CUP)/Density Bonus Agreement (DBA) process.

The City of Yucaipa utilizes a "one map system" in which the General Plan Land Use Designations and Zoning Categories are the same and combined onto one map, though the land use classification of "Multi -Family Residential" would remain with approval of the GPA. The proposed Project reflects a policy decision that is to be weighed through the Planning Commission and City Council Hearing process to determine if the GPA supports the overall goals and objectives of the City. Cities may amend the required elements of their General Plan no more than 4 times in a year.

It was ultimately noted that the Project would help the City facilitate the production of affordable housing by providing housing options for the growing senior population within the community, and was therefore recommended for approval by City Council with a 4-1-2-0 vote.

Surrounding Land Uses:

Area Land Use Designations; Improvement Levels; and existing Land Uses:

Site:

RM-72C (Multiple Residential —
IL-1
Single-family Residence
7,200 s . ft. minimum lot size
North:

RM-72C
IL-1
Single-family Residence
South:

RM-72C
IL-1
Single-family Residences
East:

RM-72C
IL-1
Approved Entitlement (Case No. 2 1 -
086/CUP/DBA) for Senior
Development
West:

RM-72C and Mobilehome Park
IL-1
Mobilehome Park
Overlay MPO District I
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City Council Meeting of September 12, 2022
Riverwalk Senior Development — (Case No. 21-045/GPA/LUCR/MJV/DBA/ARC)

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DISCUSSION:

Location and Setting:

The proposed Project would change the land use designation of 5 (gross) acres at 12836 3rd Street, located between Avenue E and Bella Vista Drive. As a part of the Project, three (3) residential buildings, including one (1) residence and two (2) accessory buildings, will be demolished and were assessed as part of the environmental review and found to have no historical or cultural significance.

The Project area is primarily surrounded by residential uses. There is an existing mobilehome park which abuts the Project to the west, and single-family residences with deep lots that accommodate a drainage channel directly to the south of the site. To the east of the site is a large vacant property under development with 52 senior housing units (Case No. 21-086/CUP/DBA). The Project site previously had an entitlement approved for Tentative Tract Map (TTM) 19900, an 18-lot, single-family residential subdivision. There is a portion of a blue line stream located along the southern property line, which is intended to be avoided to the greatest extent possible by the proposed Project design, and per the mitigation measures provided in the Initial Study, would be subject to regulatory permits should there ultimately be permanent impacts to jurisdictional features. -146-

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Riverwalk Senior Development — (Case No. 21-045/GPA/LUCR/MJV/DBA/ARC)

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Proiect Design and Description:

General Plan Amendment.

The proposed Project consists of an amendment to the City of Yucaipa General Plan ("GPA") to change the Land Use Designation of a single parcel (APN: 0319-112-03) from the City's Multiple Residential (RM-72C) Land Use Designation to High Density Multiple Residential (RM-24). The proposed site is five (5) gross acres, which meets the minimum district size required to establish the RM-24 Land Use District that would permit multiple family residential development projects with a base density of 20-24 dwelling units per acre. Concurrent with the GPA, the Project application includes a Land Use Compliance Review with Architectural Review, Density Bonus Agreement, and two (2) Variances to permit a 150-unit, three story, age -restricted senior housing complex for individuals who are 55 years and older, and includes two (2) monument signs at the entrance of the site.

Density Bonus:

Division 3, Chapter 1, Article 7 of the Yucaipa Development Code contains provisions for processing density bonus projects, which are designed to provide incentives for the production of housing for very low-income, low-income, moderate -income, and senior households in accordance with State Law, by allowing additional units to offset the costs of providing affordable housing. In addition to the GPA, the applicant has submitted a Density Bonus request to construct a senior housing development with an effective land use density of 30 dwelling units/acre. Consistent with Section

83.010715(b)(4) of the Yucaipa Development Code, the proposed GPA for an RM-24 Land Use Designation on the site would allow an additional 25% increase in density with the age restriction and therefore permit the 150 units senior housing units associated with this Project.

As per the Yucaipa Development Code and State Law, incentives, defined as a reduction in site development standards or a modification of the requirements of the City of Yucaipa Development -147-

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Riverwalk Senior Development — (Case No. 21-045/GPA/LUCR/MJV/DBA/ARC)

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Code, may be requested through the Density Bonus Agreement process if an applicant agrees to construct a certain percentage of their units as affordable. Section 83.010715(c)(3) of Yucaipa Development Code details that one (1) incentive shall be provided to a developer who agrees to construct at least ten (10) percent of the total units for low-income households. The proposed Project includes this affordability component and therefore requests an incentive to remove the requirement for 125 square feet of exterior lockable storage area that would otherwise be required for each unit within the Project pursuant to the Development Code Section 88.01310(h). This incentive request is consistent with State law and the City of Yucaipa's Density Bonus procedures.

Before the Project is constructed, a formal Bonus Density Agreement is required to be approved by the City Council. This process is identified in the proposed Conditions of Approval and will set forth the reporting requirements and covenants that are necessary to ensure that the target units remain available as intended by the density bonus request.

Land Use Compliance Review:

Pursuant to the Development Code Section 84.0335(b)(2), multiple family projects within the RM- 24 Land Use District shall be permitted by right, pursuant to the administrative review procedures contained in Development Code Section 83.030305, and the development review procedures contained in the City's Architectural/Design Review application. A residential entitlement application (Land Use Compliance Review including Architectural Review) has been submitted concurrent with the GPA request for the proposed Project and would provide for 150 senior apartment units on the parcel subject to the GPA. The site has been designed to comply with the proposed RM-24 Land Use District requirements, and would feature all 150 units within a single, U-shaped three-story apartment building. 120 of the proposed units will be one (1) bedroom floorplans that offer 650 square feet of living space, and 30 will be two (2) bedroom floorplans that offer 980 square feet of living space.

Each unit is required to provide the amenities listed within Section 88.01310, Dwelling Size and Amenities, of the Development Code. As noted on the Project plans, the units will be provided with a laundry facility with a washer and dryer, garbage disposal, oversized closets, and decorative doors with a peephole and deadbolt. Additionally, each residential unit will also be provided with private open space; however, a Variance is requested to allow for a reduction in the minimum private open space requirement from a minimum of 100 square feet to a minimum of 76 square feet and is further discussed below.

Private amenities to serve the residents of the development are provided as part of the Project, and include a pool and spa, a barbecue facility, community multipurpose room, two (2) dog parks, a large open lawn area, and other open space and common area landscaping. -148-

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Riverwalk Senior Development — (Case No. 21-045/GPA/LUCR/1\4JV/DBA/ARC)

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California Assembly Bill 744 requires no more than 0.5 parking spaces per unit for rental senior housing projects with paratransit service or within 1/2-half mile of accessible bus route (operating at least eight times per day). The applicant has provided a letter from Omnitrans dated July 22, 2021, that notes the Project site is located within 1/2-mile walking distance from Omnitrans Route 319, and further is proposing 146 on -site parking spaces for the 150-unit rental senior housing Project.

The applicant has noted that 25 parking spots, or 17% of the total number of parking spaces, will be proposed as compact spots. Section 87.0601(a)(1) of Yucaipa Development Code, details that an approved Land Use Compliance Review or Conditional Use Permit application may authorize up to 25% of the required parking for multiple residential, commercial, industrial, and institutional uses to be allocated to compact car parking spaces. However, the Project site provides for a surplus of 71 parking spaces from what is required by State Law, and therefore the proposed compact parking spaces are an agreeable component of the site design.

The Project has frontage along 3rd Street and will be accessible via two (2) 24-footwide drive aisles that will be designed to meet appropriate Fire Department and Engineering standards. As noted in the Initial Study, the Project proposes two (2) landscaped detention basins towards the rear of the property which will be designed to maintain the site's historic drainage flows. The applicant will be responsible for the preparation of a Water Quality Management Plan (WQMP), which is a standard Condition of Approval for new development projects.

Variances:

There are two (2) variances requested as a part of the Project approval. While Section 8 8.013 10 (a) of the Yucaipa Development Code notes that no more than 35% percent of the total number of units shall be one -bedroom units to avoid concentrating smaller units in a single projeit, the applicant has requested a Variance to provide flexibility with this standard and allow 80% (120/150 units) to be one -bedroom. Additionally, a Variance has been requested to reduce the minimum private open space requirement for the Project. Section 88.01310(e) of Yucaipa Development Code provides that each dwelling unit shall have a minimum private open space of one hundred fifty (150) square feet, in the -149-

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form of patio or private yard, with a minimum dimension of ten (10) feet, and further details that for units above the ground unit, one or two balconies with a combined area of one hundred (100) square feet shall be provided. The current Project proposes that one (1) bedroom units would have 76 square feet of private open space in the form of a patio or balcony, and that two (2) bedroom units would have 206 square feet of private open space. Further the second -floor units provide more open space than what is required by the RM-24 design requirement.
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1-bedroom floorplan 2-bedroom floorplan
The applicant has prepared the required Variance Findings for the Project, as required by the variance application submittal process, and are attached for reference. To construct the Project as proposed, all four of the mandatory Findings required for the approval of each Variance must be adopted (see attached Findings). These Findings recognize that there are extraordinary or unusual circumstances that apply to the property or to the intended use that justify the reduction of a particular development standard, highlighting that both variances reflect the typical lifestyle habitats of the proposed demographic for this age -restricted, rental senior housing Project, and each unit would serve fewer people than a typical apartment intended for families. Findings for the Variance are required to be adopted as part of the Project approval process. Below are the four Major Variance Findings and staff s recommendation that the Findings have been met for each respective Variance.

Variance Finding 1:

The granting of this variance will not be materially detrimental to other properties or land uses in the area and will not substantially interfere with the present or future ability to use solar energy systems.

Staff Response:
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Riverwalk Senior Development — (Case No. 21-045/GPA/LUCR/1\4JV/DBA/ARC)

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Maximum Percentage of One (1) Bedroom Units: The granting of this variance will not be materially detrimental to other properties or land uses in the area because the reduction of 2-bedroom units will reduce the average household sizes within the development, further reducing the demand for additional parking and congestion within the site and the surrounding vicinity, and better cater to the age demographic of the Project. The orientation of the building and its size should not interfere with the ability to use solar energy systems, and the Project would be conditioned to meet the current building code requirements for energy efficiency.

Minimum Private Open Space Requirement: The granting of this variance will not be materially detrimental to other properties or land uses in the area because the private open space is intended as a dwelling unit amenity for those served by the proposed Project. Additionally, the site provides outdoor open space beyond that which is required by the City's Development Code, as well as the five (5) recreational amenities within the development. The orientation of the building and its size should not interfere with the ability to use solar energy systems, and the Project would be conditioned to meet the current building code requirements for energy efficiency.

Variance Finding 2:

There are exceptional circumstances and conditions applicable to this property and its permitted use that do not apply to other properties in the vicinity and in particular the same subdivision.

Staff Response:

Maximum Percentage of One (1) Bedroom Units: There are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply to other properties within the same district or vicinity because the proposed Project is requesting a Density Bonus and will provide housing intended to meet the City's Regional Housing Needs Assessment requirements for the 6th Housing Cycle, and in particular will provide a wider range of housing opportunities for senior residents within the community. Senior citizens have lower average household sizes, so this age -restricted, rental senior housing Project, would serve fewer people than a typical apartment project intended for families. Ultimately by allowing flexibility with the requirement for a larger percentage of 1-bedroom units within the development, the Project will be able to provide housing for the maximum number of households (150 units) possible following approval of the GPA and Project.

Minimum Private Open Space Requirement: There are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply to other properties within the same district or vicinity because a natural drainage channel along the southern property line places a physical impediment on the property by reducing the developable area of the site, making it more difficult to meet all development standards. While one (1) bedroom units are proposed to have 76 square feet of private open space rather than the required 100 square feet, it can be assumed that the 1-bedroom units will also have a smaller household size and may include single seniors. The Project does, however, provide for the required five (5) recreational amenities which will provide opportunities for interaction and community building for residents within the development and in turn improve their general well-being. Additionally, it should be noted that the two (2) bedroom units are proposed to have 206 square feet of private open space, which is greater than the RM-24 design requirement.
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Riverwalk Senior Development — (Case No. 21-045/GPA/LUCRJMJV/DBA/ARC)

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Variance Finding 3:

The strict application of the land use district deprives this property of privileges enjoyed by other properties enjoyed by others in the vicinity or in the same land use district.

Staff Response:

Maximum Percentage of One (1) Bedroom Units: The strict application of the land use district deprives such property of privileges enjoyed by other properties in the vicinity or in the same land use district because with approval of the GPA the maximum number of senior units on this site would be 150. With strict adherence to the requirement for a maximum of 35% of all units to be 1-bedroom, on top of other development standards and design requirements such as lot coverage, parking, recreational amenities and public open space, the development would likely have had to reduce the total number of units provided on site. In addition, while parking improvements traditionally have no setback requirements and may be installed up to the property line, this site has a blue -line stream that is located along the southern property line, and the parking improvements required were consolidated to the northwest of the site to avoid this natural drainage channel.

Minimum Private Open Space Requirement: The strict application of the land use district deprives such property of privileges enjoyed by other properties in the vicinity or in the same land use district because with approval of the GPA the maximum number of senior units on this site would be 150.

With strict adherence to the private open space requirement, on top of other development standards and design requirements such as lot coverage, parking, recreational amenities, and public open space, the development would likely have had to reduce the total number of units provided on site.

Variance Finding 4:

The granting of the variance is compatible with the objectives, policies, general land uses and programs specified in the General Plan and any applicable plan.

Staff Response:

Maximum Percentage of One (1) Bedroom Units: The granting of the variance is compatible with the objectives, policies, general land uses and programs specified in the City's General Plan and Development Code, in the event that the proposed General Plan Amendment to change the land use designation of the site from RM-72C to RM-24 is approved to permit the high density senior housing Project. The site design that is proposed functions appropriately for this type of development, and provides the amenities required by the Development Code for high density multiple family housing projects. The General Plan and its housing element further encourages the creation of senior and affordable housing projects, including Policies HN-3.1, 3.3, and 4.1.

Minimum Private Open Space Requirement: The granting of the variance is compatible with the objectives, policies, general land uses and programs specified in the City's General Plan and Development Code, in the event that the proposed General Plan Amendment to change the land use designation of the site from RM-72C to RM-24 is approved to permit the high density senior housing Project. The site design that is proposed functions appropriately for this type of development, and provides the amenities required by the Development Code for high density multiple family housing -152-

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project. The General Plan and its housing element further encourages the creation of senior and affordable housing projects, including Policies HN-3.1, 3.3, and 4.1.

Architecture Review:

As referenced above, pursuant to Section 84.0335 of the Development Code, the Project includes the architecture review of the proposed 150-unit senior apartment building. This would fulfill the City's standard Conditions of Approval, as Planning Commission approval of the building design is required prior to the issuance of a building permit.

The elevations of the building are included as a part of the staff report package and reflect an architectural design that provides a modern craftsman aesthetic. The peak height of the 3-story building will be 43.5 feet and the structure will include gabled roofs and stone veneer accents that are intended to compliment the design of other Craftsman -inspired designs within the City of Yucaipa.

Stucco in cream and gray shades will be the primary building material for the structure, while standing seam metal awnings, bronze aluminum railings, and fiber cement panels will also be integrated into the structure to provide a modern craftsman aesthetic. A conceptual landscaping plan has also been submitted, and was designed to complement the building and Project site design. It should be noted that Section 88.01325(a)(12) of the High -Density Multiple Residential Design Guidelines details that the applicant would be required to plant at least fifty (50) trees per gross acre that are specifically concentrated at the exterior streetscapes and entry nodes of the Project site. While the current conceptual plan is not in compliance with this standard, a Condition of Approval has been added to ensure the planting of these trees. The landscaping is also conditioned to meet the City's Water Conservation Ordinance.

Consistency with the General Plan and Development Code:

The proposed project consists of 150 senior apartment units on 5 gross acres. The proposed Project has the following characteristics.
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COMPLIANCE WITH GENERAL

CRITERIA

REQUIREMENTS

PLAN AND DEVELOPMENT
CODEI
30 dwelling units per acre
Yes: Overall density is 30 dwelling units
Densi
pursuant to GPA rezone and
per acre.

City Density Bonus.
• Front Yard Setback
Yes:
(Multi -Story): 35 Feet
• Front Yard Setback: 121.19'
minimum 40 feet average
. Side Yard Setbacks: 64.37' & 76.87'
Setbacks
• Side Yard Setbacks
• Rear Yard Setbacks: 111.99'
(Multi -Story): 20 feet
• Rear Yard Setback Multi -
Story): 20 Feet

0.5 spaces per unit consistent
Yes: 75 spaces are required, and 146
Parking
with AB-744
spaces (including 25 compact spots) have
been provided.

Lot Coverage
60% maximum lot coverage
Yes: Project provides a lot coverage of

30.74 /o.
• One (1) bedroom*: 650
Yes/No 3: The 1-bedroom units provide
square feet
650 square feet of living area, and the 2-
• Two (2) bedroom: 800
bedroom units offer 980 square feet of
Dwelling Unit Size
square feet
living area.
• *No more than 35% of the
units within a development
shall be one (1) bedroom
Required site amenities
Yes/N04: Project provides enhanced
include entry treatment and (5)
accent paving with concreate banding at
recreational amenities. Each
the front of the site, 44.21 % of open space
dwelling is required to provide
which includes: a pool and spa, a
three (3) interior amenities
barbecue facility, community
Amenities
from approved list.
multipurpose room, two (2) dog parks,
and a large open lawn area. Each
individual unit also provides a laundry
facility with a washer and dryer, garbage
disposal, oversized closets, private open
space, and decorative doors with a
peephole and deadbolt
I Compliance provided if the General Plan Amendment is approved 2 0.5 space/unit for rental senior units within 'h-mile of transit 3 Variance request to allow a total of 80% of the 150-units to be 1-bedroom in lieu of 35% 4 Variance request to allow one (1) bedroom units to provide seventy-six (76) square feet of private open space in lieu of the one hundred fifty (150) square feet required for ground floor units and the one hundred (100) square feet required for above ground units.
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The Project meets or exceeds the City's General Plan and Development Code standards for the above referenced items as well as for access and site design. In addition, the proposed Project supports a number of General Plan policies. These include the following:
• CDL-1.1 Places to Live. Provide sites for a range of housing types, locations, and densities in a variety of neighborhood settings equipped with amenities that support a high quality of life. • CDL-10.1 Development Review. Implement and adhere to development review procedures and design guidelines in the City of Yucaipa Municipal Code that advance the visual quality of the community.
• CDL-10.5 Private Landscaping and Parks. Require developers to incorporate appropriately sized and drought -tolerant vegetation with sufficient maintenance to provide a mature -looking landscape in three -five years after installation. Require private recreational facilities in new multifamily housing projects.
• CDL-10.9 Building Materials. Use high -quality, natural building materials that evoke a sense of quality and permanence, such as stucco, plaster, stone, and wood; natural colors and textures are preferred.
• CDL-10.12 Architectural Detail. While recognizing sensitivity to budget, require publicly visible sides of a building to contain architectural detail and fagade articulation, strong patterns of shade and shadow, and integrated architectural detail; blank walls are discouraged. • HN-2.1 Balanced Housing Stock. Designate adequate land for a broad range of types of housing, including single-family attached and detached, multiple -family housing, and mixed uses located in accordance with the land use and community design element. • HN-3.1 Design Features. Require new and rehabilitated residential units to be well designed, with appropriate attention to site planning, materials and colors, building treatments, landscaping, open space, parking, and environmentally sustainable practices. • HN-3.3 Housing Incentives. Facilitate the development of market rate and affordable housing through regulatory incentives (e.g., density bonus), permit processing (e.g., planned development), and other incentives, where feasible and appropriate. • HN-4.1 Senior Housing. Support the continued development and maintenance of affordable rental and ownership housing and services that allow seniors to remain in their homes or seek retirement housing in Yucaipa.

Processing and Procedural Actions:

Notices of the Project were sent to all surrounding property owners within a 300-foot radius of the Project site and one (1) written comment was received which noted concerns about the proposed development blocking views and detracting from a "rural" community feel. The letter also indicated that they felt the previously approved entitlement for Tract Map (TI M)19900, an 18-lot single-family residential subdivision, would fit better with the surrounding area. It should be noted that the City of Yucaipa's General Plan and Development Code do not have policies that protect views from private properties. Additionally, irrespective of the proposed GPA to change the Land Use Designation of the site, the current zoning of the property is Multiple -Residential (RM-72C), which could also permit a multi -family development with a base density of 8.7 units/acre, or a senior development with a density of up to 17.4 senior units/acre through the City's Density Bonus procedures. The GPA would allow higher density residential development, and the current Project proposal provides a 42% net increase in the total allowable units with approval of the RM-24 Land Use District. -155-

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Riverwalk Senior Development — (Case No. 21-045/GPA/LUCR/MJV/DBA/ARC)

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The proposed Project is consistent with the City of Yucaipa Development Code requirements to establish the RM-24 Land Use District and construct a high -density development project. The proposed development will provide housing intended to meet the City's Regional Housing Needs Assessment requirements for the 6th Housing Cycle that requires the construction of 2,866 units, and in particular will provide a wider range of housing opportunities for senior' residents within the community.

Environmental Review:

The Initial Study prepared for this proposal, which was made available for comment for 20 days beginning on June 10, 2022, and ending on June 30, 20226, considers the potential environmental impacts that could occur as a result of the Project. Based upon the analysis conducted by staff, all available evidence indicates that any adverse impacts that could occur are at a less -than -significant level, and consequently, the Planning Commission is recommending the adoption of a Mitigated Negative Declaration (MND) should the City Council approve the GPA. Mitigation measures reflect recommendations based on technical studies as a part of the project review. There were no comments received through tribal consultation as part of SB 18/AB52 noting concerns with the development, and additionally there were no comments received on the Initial Study during the public review process by local, regional or state agencies, or by members of the public.

It should be noted that in an effort to provide a conservative analysis, the Initial Study and supplemental technical studies also considered that the development could be developed under the RM-24 designation, including a maximum of 120 non -age restricted units that would be permissible in a "by right" process. For example, the traffic section of the Initial Study highlights that the proposed senior Project, or the development of a non -age restricted housing Project consistent with the new designation, would not result in an increase in Vehicle Miles Traveled (VMT).

CONCLUSION:

The proposed Land Use District Change to change the land use designation of the site from RM-72C to RM-24 requires an amendment to the General Plan. Pursuant to the City's Development Code, the action requires a recommendation from the Planning Commission to the City Council. The proposed Land Use Compliance Review has been designed to be generally consistent with the RM-24 Land Use District requirements and Development Code standards, with the exception of several Variances that have been identified, provided the General Plan Amendment is approved. However, the Project meets standards for access, lot size and dimension, and site design, and the setbacks. The required findings for approval of the General Plan Amendment, and Variances have been made and are attached from the Planning Commission's recommendation for approval of the General Plan Amendment /Land Use District Change.
5 Seniors have accounted for more than half of the City's population growth since 2010 (Table 2-1 from the 2021 - 2029 Draft Housing Element).
6 Initial Study was submitted to the State Clearinghouse for review beginning on June 10, 2022. -156-

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FISCAL IMPACT:

Because there is an existing single-family residence on site that is proposed to be demolished, the Project will receive a credit of $19,513.68 for existing development within a 0.25-acre portion of the total 5-acre Project site. Therefore, based on a net total number of 149 residential units on 4.75 acres, the Project can be expected to generate $1,770,255.44 in Development Impact Fees, using the current fee schedule, as follows:

Drainage Facilities:
$70,677.44
Traffic Facilities:
$1,095,591.00
Public Facilities:
$151,684.50
Fire Facilities:
$137,431.50
Park Facilities:
$314,871.00
TOTAL:
$1,770,255.44
Attachments:

Ordinance No. 411
Approved by:
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Riverwalk Senior Development — (Case No. 21-045/GPA/LUCR/MJV/DBA/ARC)

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FINDINGS: GENERAL PLAN AMENDMENT NO.21-045

1. The Initial Study prepared for this proposal adequately discusses the potential impacts of the Project and indicates that all potentially significant environmental impacts that could occur are at a level that is considered to be less -than -significant. The Project will not have a significant adverse effect on the environment.

2. The proposed General Plan Amendment has been referred to the public water purveyor, and pursuant to the Governmental Code Section 65958.1, an adequate water supply exists or is planned that will serve any future project that could be proposed.

3. The proposed Land Use District Change is in the public interest, there will be a community benefit, and other existing and permitted uses will not be compromised, because the change will result in enhanced land use compatibility and will provide additional housing opportunities within the City. The General Plan Amendment would provide the RM-24 Land Use District to the subject site, and would permit a multiple family development project that provides housing intended to meet the City's Regional Housing Needs Assessment requirements for the 6th Housing Cycle.

4. The proposed Land Use District Change is consistent with the goals and policies of the General Plan, and it will provide for a reasonable and logical extension of the existing land use pattern in the surrounding area, because the Multiple Residential Land Use District is presently located within the surrounding vicinity of the site and in particular the Project will provide a wider range of housing opportunities within the community.

5. The proposed Land Use District Change does not conflict with provisions of this Code, or any applicable specific plan, because it will provide compatibility with the surrounding land use designations, and all applicable residential development standards would be implemented by future projects, including the proposed Land Use Compliance Review. The subject property is also not located in a specific plan.

6. The proposed Land Use District Change will not have a substantial adverse effect on surrounding property, because any future residential development will be designed and constructed to mitigate any adverse conditions, and appropriate public improvements will be required to provide sufficient capacity in the infrastructure required to support the development. -158-

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FINDINGS: VARIANCE NO.21-045 — Maximum Percentage of One (1) Bedroom Units l . The granting of this variance will not be materially detrimental to other properties or land uses in the area because the reduction of 2-bedroom units will reduce the average household size within the development, further reducing the demand for additional parking and congestion within the site and the surrounding vicinity, and better cater to the age demographic of the Project. The orientation of the building and its size should not interfere with the ability to use solar energy systems, and the Project would be conditioned to meet the current building code requirements for energy efficiency.

2. There are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply to other properties within the same district or vicinity because the proposed Project is requesting a Density Bonus and will provide housing intended to meet the City's Regional Housing Needs Assessment requirements for the 6th Housing Cycle, and in particular will provide a wider range of housing opportunities for senior residents within the community. Senior citizens have lower average household sizes, so this age -restricted, rental senior housing Project, would serve fewer people than a typical apartment project intended for families. Ultimately by allowing flexibility with the requirement for a larger percentage of 1-bedroom units within the development, the Project will be able to provide housing for the maximum number of households (150 units) possible following approval of the GPA and Project.

The strict application of the land use district deprives such property of privileges enjoyed by other properties in the vicinity or in the same land use district because with approval of the GPA the maximum number of senior units on this site would be 150. With strict adherence to the requirement for a maximum of 35% of all units to be 1-bedroom, on top of other development standards and design requirements such as lot coverage, parking, recreational amenities and public open space, the development would likely have had to reduce the total number of units provided on site. In addition, while parking improvements traditionally have no setback requirements and may be installed up to the property line, this site has a blue -line stream that is located along the southern property line, and the parking improvements required were consolidated to the northwest of the site to avoid this natural drainage channel.

4. The granting of the variance is compatible with the objectives, policies, general land uses and programs specified in the City's General Plan and Development Code, in the event that the proposed General Plan Amendment to change the land use designation of the site from RM- 72C to RM-24 is approved to permit the high density senior housing Project. The site design that is proposed functions appropriately for this type of development, and provides the amenities required by the Development Code for high density multiple family housing projects. The General Plan and its housing element further encourages the creation of senior and affordable housing projects, including Policies HN-3.1, 3.3, and 4.1. -159-

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FINDINGS: VARIANCE NO.21-045 — Minimum Private Open Space Requirement The granting of this variance will not be materially detrimental to other properties or land uses in the area because the private open space is intended as a dwelling unit amenity for those served by the proposed Project. Additionally, the site provides outdoor open space beyond that which is required by the City's Development Code, as well as the five (5) recreational amenities within the development. The orientation of the building and its size should not interfere with the ability to use solar energy systems, and the Project would be conditioned to meet the current building code requirements for energy efficiency.

2. There are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply to other properties within the same district or vicinity because a natural drainage channel along the southern property line places a physical impediment on the property by reducing the developable area of the site, making it more difficult to meet all development standards. While one (1) bedroom units are proposed to have 76 square feet of private open space rather than the required 100 square feet, it can be assumed that the 1-bedroom units will also have a smaller household size and may include single seniors. The Project does, however, provide for the required five (5) recreational amenities which will provide opportunities for interaction and community building for residents within the development and in turn improve their general well-being. Additionally, it should be noted that the two (2) bedroom units are proposed to have 206 square feet of private open space, which is greater than the RM-24 design requirement.

3. The strict application of the land use district deprives such property of privileges enjoyed by other properties in the vicinity or in the same land use district because with approval of the GPA the maximum number of senior units on this site would be 150. With strict adherence to the private open space requirement, on top of other development standards and design requirements such as lot coverage, parking, recreational amenities, and public open space, the development would likely have had to reduce the total number of units provided on site.

4. The granting of the variance is compatible with the objectives, policies, general land uses and programs specified in the City's General Plan and Development Code, in the event that the proposed General Plan Amendment to change the land use designation of the site from RM- 72C to RM-24 is approved to permit the high density senior housing Project. The site design that is proposed functions appropriately for this type of development, and provides the amenities required by the Development Code for high density multiple family housing project.

The General Plan and its housing element further encourages the creation of senior and affordable housing projects, including Policies HN-3.1, 3.3, and 4.1. -160-

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Riverwalk Senior Development — (Case No. 21-045/GPA/LUCR/MJV/DBA/ARC)

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LAND USE — EXISTING: MULTIPLE -RESIDENTIAL (RM-72C)
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Riverwalk Senior Development — (Case No. 21-045/GPA/LUCR/MJV/DBA/ARC)

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Vacant property to the east of the site under development with 52 senior housing units (Case No. 21-086/CUP/DBA).
-163-

ORDINANCE NO.411

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF YUCAIPA, CALIFORNIA, AMENDING
ORDINANCE NO. 343, AMENDING THE OFFICIAL

LAND USE PLAN AND ZONING ORDINANCE OF

THE CITY OF YUCAIPA

THE CITY COUNCIL OF THE CITY OF YUCAIPA DOES ORDAIN AS
FOLLOWS:

Section 1. A public hearing has been held before the City Council of the City of Yucaipa (the "City"), duly noticed and conducted pursuant to the Planning and Zoning Laws of the State of California and applicable provisions of Division 3 of the Development Code as adopted by Ordinance No. 124; and the Official Land Use Plan of the City, as adopted by Ordinance No. 343, is hereby amended as provided in Section 2 herein below.

Section 2. The proposed land use designation contained on the "Official Land Use Districts Map" on file with the City, and bearing the file number Case No. 20- 045/GPA, changes the Land Use District designation of a single parcel (APN:
0319-112-03) from the City's RM-72C (Multiple Residential —7,200 sq. ft. minimum lot size) to RM-24 (High Density Multiple Residential) as part of a senior housing project as shown on the attached Exhibit A.

Section 3. The City Clerk is hereby directed to cause the following summary of this ordinance to be published by two (2) insertions in the Yucaipa News Mirror, a newspaper of general circulation that is printed, published, and circulated in the City of Yucaipa, and hereby designated for that purpose by said Council of the City of Yucaipa: "Ordinance No. 411 changes the Land Use Designation of a single parcel (APN: 0319-112-03) from the City's RM-72C (Multiple Residential —7,200 sq. ft. minimum lot size) to RM-24 (High Density Multiple Residential) as part of Case No. 20-045/GPA/LUCR/MJV/DBA/ARC."
PASSED, APPROVED and ADOPTED on this 261" day of September, 2022.

ATTEST:

Jennifer Crawford, City Clerk
David Avila, Mayor
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Exhibit A

PROPOSED GENERAL PLAN CHANGE AREA
---------------
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