City Council
Special Meeting Agenda
April 17, 2023 – 5:00 PM
City Council Chambers - Yucaipa City Hall
34272 Yucaipa Blvd., Yucaipa, California
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
PUBLIC HEARING
The order of Business for the Public Hearing Shall Be:
A. Open Public Hearing
B. Staff Presentation
C. Applicant/Representative Presentation (if necessary) D. Public Comments
E. Applicant Rebuttal (if necessary)
F. Public Hearing Closed
G. Council Discussion
H. Council Motion and Vote
SPEAKERS ARE ENCOURAGED TO BE BRIEF AND REMAIN WITHIN THE ESTABLISHED TIMEFRAME OF THREE (3) MINUTES. ONCE THE PUBLIC HEARING HAS BEEN CLOSED, NO FURTHER TESTIMONY WILL BE TAKEN.
1. SUBJECT: PREMIUM LAND DEVELOPMENT ON BEHALF OF YUCAIPA 52, LLC CASE NO. 22-150/PDP/FDP/TTM 20375: A PLANNED DEVELOPMENT PROJECT
THAT INCLUDES A PRELIMINARY DEVELOPMENT PLAN AND TENTATIVE TRACT MAP (TTM 20375)/FINAL DEVELOPMENT PLAN FOR THE PROPOSED SERRANO ESTATES PROJECT, WHICH WILL ESTABLISH 51 SINGLE FAMILY RESIDENTIAL LOTS ON PARCELS GREATER THAN 12,000 SQUARE FEET AND AVERAGING OVER 20,000 SQUARE FEET, OF WHICH 41 OF THE LOTS WILL BE AGE RESTRICTED TO THOSE OVER 55, SEVERAL LETTERED LOTS FOR WATER QUALITY BASINS, AND A COMBINED 12-ACRE AREA AS PART OF A “LOT 52” AND REMAINDER LOT THAT WOULD INCLUDE SPACE FOR VINEYARDS, AND 13 ACRES OF PERMANENT OPEN SPACE, LOCATED ON THREE EXISTING PARCELS TOTALING 52 ACRES ALONG THE EAST SIDE OF
YUCAIPA RIDGE ROAD DIRECTLY SOUTH OF THE CITY LIMITS TO UNINCORPORATED SAN BERNARDINO COUNTY. APNS: 0320-161-08, 09, AND
28. RECOMMENDATION: That the City Council conduct a public hearing and consider the Planning Commission’s recommendation to:
1. Adopt Resolution No. 2023-03, approving a Preliminary Development Plan for the Serrano Estates Project; and
2. Approve Final Development Plan/Tentative Tract Map No. 20375 (Case No. 22- 150/FDP/TTM 20375), subject to the Conditions of Approval as contained in this Agenda Report; and
P. 4
3. Adopt the Findings as contained in this Agenda Report; and
4. Adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, finding the mitigation measures and standard measures and procedures will reduce the potential level of environmental impact to less than significant; and
5. Direct staff to file a Notice of Determination.
ADJOURNMENT
AFFIDAVIT OF POSTING
State of California }
County of San Bernardino } ss.
City of Yucaipa }
I, Ana V. Sauseda, City Clerk of the City of Yucaipa, California, do hereby declare that the foregoing agenda was posted on 04/13/2023, at least twenty-four (24) hours prior to the meeting per Government Code 54956, at the following locations:
Yucaipa City Hall, 34272 Yucaipa Boulevard, Yucaipa, California City of Yucaipa website www.yucaipa.org
Ana V. Sauseda, CMC
City Clerk
1Page 4
BACKGROUND:
Surrounding Land Uses:
Area Land Use Designations; Improvement Levels; and existing Land Uses:
Site: RL-1 (Rural Living, 1-acre minimum
(gross) lot size)
IL-3 Vacant
North: Resource Conservation District – 40
acre minimum (San Bernardino
County)
N/A Winery/Vineyard and Single Family
Residential
South: RL-1 IL-3 Vacant
East: RL-1 IL-3 Vacant
West: RL-1 IL-3 Single Family Residential
DISCUSSION:
Location and Setting:
The Project site is located on the east side of Yucaipa Ridge Road, north of Ivy Avenue, directly adjacent to Quartz Street and Crystal Street. The Project site is currently vacant undeveloped land, with an un-named creek located in the southeast corner of the site that connects with Spoor Creek approximately 300 feet south of the Project’s southerly property line. There is a notable change of elevation from the southern edge of the site, at 2,920 feet above sea level, to 3,090 along a ridge located near the northern property line. The site is designated Rural Living, one-acre minimum (RL- 1) and the Custom Home (CH) Overlay District and is surrounded by properties also designated RL- 1 within the City of Yucaipa, and is adjacent to unincorporated San Bernardino County to the north.
The most adjacent property to the north is the location of the North Cork Vineyard and Winery, which includes planted vines, a production building for the fermentation of grapes, and an outdoor venue for wine tasting activities and events. The property also includes a single-family residence.
Prior Approvals:
The subject site has previously held land use entitlements for a residential subdivision dating back to September 1989, when the County of San Bernardino approved Tentative Tract 14297 for 33 residential lots of one gross acre or greater in two phases on 39 acres, with an 11.9-acre remainder parcel. After the expiration of that original project, subsequent entitlements were submitted for the same project, with the most recent approvals following the Planning Commission’s action of February 19, 2003, to entitle the map. In 2008, 2009, 2011, and 2013, the California Legislature passed AB 116, AB 208, AB 333 and SB 1185, respectively, in response to market conditions caused by the recession, which provided automatic State extensions to all active Tentative Maps, Vesting Tentative Maps, and Tentative Parcel Maps. The actions of the State resulted in a cumulative total of seven additional years to the expiration date of an active map. As a result of the previously-approved 36 month administrative extension and subsequent State extensions, the expiration date for TTM 14297 was March 1, 2016. The final two-year time extension for the project was approved at the City Council Meeting of March 28, 2016.
Case No. 20-136:
The proposed Project was reviewed at the regular Planning Commission Meeting of August 17, 2022. As part of the hearing, a total of 23 speakers provided comment, with 3 in favor of the Project and its efforts to support a viticultural industry, and 20 comments received in opposition to the Project over concerns with the proposed unit count and lot sizes, and related impacts that may occur with approval of the Project.
In their discussion, three commissioners identified their concerns with the proposed land use plan and the transition between the existing neighborhood and the proposed Project, while others noted that the overall design and approach help meet a variety of goals through the preservation of open space and the establishment of new vineyards. Several Planning Commissioners suggested that additional elements could be incorporated into the Preliminary Development Plan standards in order to help soften the transition between the existing neighborhood and the proposed residences, including a larger landscape buffer between Yucaipa Ridge Road and a proposed block wall. It should be noted that some of these suggestions also aligned with staff’s general feedback to the developer during the processing of the application. Following a lengthy discussion, a motion was made to recommend approval of the Project that ultimately resulted in 3 votes in favor, 4 against, therefore constituting a recommendation for denial of the Project pursuant to Section 83.030210 of the Yucaipa Development Code.
As a result of the Planning Commission’s recommendation for denial of case No. 20-136, the applicant filed an appeal application on August 23, 2022. As part of the appeal, the applicant’s representative contended that the Planning Commission went beyond its purview and ultimately did not review the Project from a planning lens, and further asserted that the Commission was uninformed of the Planned Development process. It should be noted that the process requirements were provided in the Planning Commission agenda report and during staff’s verbal presentation.
Prior to the Council meeting, City staff reiterated some of the design recommendations from the Planning Commission, and suggested that the applicant explore a concept that would address those key issues.
The appeal was then heard by the City Council at their regular meeting of September 12, 2022. In their discussion, the City Council reiterated some of the design concerns with the proposed Planned Development application, and provided several different recommendations on the design that aligned with the initial feedback provided by the Planning Commission. During applicant rebuttal, the applicant noted that they would be willing to make such changes; however, the City Council ultimately voted to deny the Planned Development as it was proposed and provided feedback to the applicant to consider the recommendations that were provided should they decide to file a new application.
Case No. 22-150 Planning Commission Recommendation:
Following the denial of Case No. 20-136, the Project applicant submitted a revised Planned Development and Tentative Tract Map application that was intended to address the site design comments and recommendations offered by the Planning Commission and City Council. This revised Project, which is further discussed below, was reviewed at the regular Planning Commission hearing of March 15, 2023. During the hearing, the Planning Commission reviewed the facts of the Project, including information received during public comment, and ultimately voted 4-3 in favor of recommending the Project for City Council’s consideration. The Commission acknowledged the
changes that had been made in response to the former project during their deliberation. Minutes of the meeting are provided as an attachment to this agenda report.
Following the Planning Commission meeting, several concerned residents met with staff to further discuss some questions they had regarding the Project. It should be noted that these residents indicated they were, and remain opposed to the Project, but did offer some suggestions they considered that would better facilitate the transition of the Project. These suggestions included the development of single-story residences to minimize the view of new homes from Yucaipa Ridge Road, and the removal of the proposed monument sign at the site entrance. Following those discussions, the applicant agreed to remove the monument sign in favor of additional landscaping and now proposes single story residences at the most western lots of the development.
Following the Planning Commission hearing, staff has also developed and presented to the developer three additional Conditions of Approval that will better memorialize the restrictions for the age-restricted lots and the agricultural land area.
Project Design and Description:
Preliminary Development Plan:
Currently, the subject site is designated as RL-1, which permits the development of one single family unit per gross acre pursuant to the City’s General Plan and would therefore be permitted to accommodate up to 52 single family lots. Instead of proposing a project that adheres to those existing development standards, the Project proposal utilizes the Planned Development Review process set forth in Article 2, Planned Development Review (Section 83.030205 et seq.) of Chapter 3 of Division 3 of the Development Code, which creates a process for an applicant to propose alternate development standards that, while inconsistent with the existing underlying development standards, may be justified based on specific findings. The Planned Development Review process allows an applicant to propose new development standards that would be applicable to a site, in order to provide more flexibility in development based on the site’s characteristics.
Artist rendering of Project at Yucaipa Ridge Road and Crystal Street (without sign)
Pursuant to these provisions, the Project includes a Preliminary Development Plan (“PDP”) that would create new development standards which, if approved, would replace the existing RL-1 standards otherwise applicable to the site, while maintaining the underlying density. As proposed,
Consistent with the General Plan designation of RL-1, which allows up to 52 residential lots on the subject site, the PDP provisions proposed would allow the development of 51 single family lots, as well as one additional lot that will consist of only open space and a vineyard or similar agricultural use. The proposed PDP includes four separate planning areas that would govern the development:
Planning Area A, designated as Agriculture, is the proposed 12 acres for the agricultural planting area; Planning Area B, designated as Low Residential, encompasses 27 acres and would permit the 51 single family residences, of which 41 would be restricted to residents 55 years old or greater; and Planning Area C that would provide 13 acres of Open Space. Planning Area B features tailored development standards for the area, including 20,000 square foot lots along the periphery of the site, and smaller 12,000 square foot lots accessed by an internal cul-de-sac. Additionally, the age restriction for the development shall comply with all applicable requirements of state law, including any implementation of any elements to best ensure enforceability of these age-restricted covenants.
Planned Development applications require the approval of a PDP by the City Council, following a recommendation by the Planning Commission, to create the appropriate development standards, and the submittal of a Final Development Plan (“FDP”) to formally entitle a specific project. In order for the City Council to approve the Project adopting these new development standards, the City Council must make all of the following findings set forth in Section 83.030220 of the Development Code:
a) The proposed development is consistent with the City’s General Plan and any other applicable plan.
b) The physical characteristics of the site have been adequately assessed and the site for the proposed development is adequate in size and shape to accommodate said use and all yards, open spaces, setbacks, walls and fences, parking areas, loading areas, landscaping, and other features required.
c) The site for the proposed development has adequate access, meaning that the site design and development plan conditions consider the limitations of existing streets and highways and provide improvements to accommodate the anticipated requirements of the proposed development.
d) Adequate public services and facilities exist, or will be provided in accordance with the conditions of development plan approval, to serve the proposed development, and the approval of the proposed development will not result in a reduction of such public services to properties in the vicinity to be a detriment to public health, safety, and welfare. e) The proposed development, as conditioned, will not have a substantial adverse effect on surrounding property or the permitted use thereof and will be compatible with the existing and planned land use character of the surrounding area. f) The improvements required per the conditions of development plan approval and the manner of development adequately address all natural and manmade hazards associated with the proposed development and the project site including, but not limited to, flood, seismic, fire, and slope hazards.
g) The proposed development carries out the intent of the planned development provisions by providing a more efficient use of the land and an excellence of design greater than that which would be achieved through the application of conventional development standards. h) If the development proposes to intermix residential and commercial uses, whether done in a vertical or a horizontal manner, the residential use is designed in such a way that it is buffered from the commercial use and is provided sufficient amenities to create a comfortable and healthy residential environment and to provide a positive quality of life for
the residents. Such amenities may include, but are not limited to, private open space, private or separated entrances, landscaping, etc.
Pursuant to Section 83.030205 of the City’s Development Code, the purpose of the Planned Development Review process is “to facilitate development of properties where greater flexibility in design is desired to provide a more efficient use of land than would be possible through the strict application of land use district regulations.” The proposed Project does not include the development of units beyond what is currently permissible under the City’s General Plan, but instead is intended to “provide(s) a more efficient use of land than would be possible through the strict application of land use district regulations” through the creation of new standards that would then apply, subject to Council approval. Based on the topographical elements of the site, in conjunction with the City’s Hillside Overlay District, the approach contemplated by this Planned Development application results in consolidation of the residential unit capacity towards the southerly portion of the site, which would avoid areas of steeper topography that might otherwise create conflicts with access requirements listed in the Development Code. These factors may be considered along with all other evidence, written and oral, presented to the City Council for its consideration, in order to determine if the required findings under Development Code Section 83.030220 may be made. It should be noted that other Planned Developments within the RL-1 Land Use District have been implemented in the City’s past and were developed to accomplish many of the same conceptual goals that is proposed with this Project. These projects are discussed in the Processing and Procedural section of this agenda report.
Artist rendering of Project at Yucaipa Ridge Road
Tentative Tract Map/Final Development Plan:
Along with the PDP, the proposed Project includes an FDP exhibit to implement the provisions of the PDP, which is provided through Tentative Tract Map (“TTM”) No. 20375. The TTM has the following elements: The Planned Development review process (Section 83.030225) permits the concurrent review of a subdivision with a PDP, provided separate application, review, and findings shall be made in accordance with the provisions of the City’s Development Code. As such, approval of the PDP is required first to establish the applicable development standards of the FDP.
In order to approve TTM 20375/FDP, the City Council must first approve the PDP. Approval of TTM 20375/FDP requires that the City make all of the findings required under Development Code Section 83.030220 (as listed above), and also all required findings in accordance Government Code
Section 66474 and Article 2 of Chapter 4 of Division 3 of the Development Code. Proposed findings for TTM 20375/FDP are included as an attachment to this Staff Report.
TTM 20375
Single Family Development:
The TTM includes 51 single family residential lots ranging from 12,000 square feet in size within the interior cul-de-sac, and 20,000 square feet for the standard residential lots along the primary streets, which have been arranged around the extension of Crystal Street that would loop around back to Yucaipa Ridge Road on Quartz Street.
Lot 52:
An area designated as “Lot 52” is proposed to correspond to Planning Areas A of the PDP, and would contain the future agriculture use and drainage area for the subdivision along Yucaipa Ridge Road. The PDP specifies that no commercial or residential activities which would result in traffic- related daily trips will occur on this lot, and the ultimate Tract Map and Conditions of Approval will include these restrictions.
Remainder Lot:
An area designated as a “Remainder Lot” is proposed to correspond to Planning Areas A and C of the PDP, and would therefore include the open space elements of the Project and the future agriculture use directly north of the residential subdivision. The proposed agricultural operations would be accessed from Yucaipa Ridge Road. The PDP specifies that no commercial or residential activities which would result in daily trips will occur on this lot, and the ultimate Tract Map and Conditions of Approval will include these restrictions.
Lettered Lots/Drainage:
The site has been designed to maintain historic flows, and includes measures that will ensure that the Project complies with the onsite water retention and City’s water quality requirements. Three (3) lettered lots are included, with two of them designed to support landscaped detention basins that would accommodate water quality requirements and would integrate to Lot 52. The third letter lot is the open natural space for the existing drainage channel along the southeastern edge of the site.
Circulation:
The Project site is located adjacent to Yucaipa Ridge Road, an existing 2-way local paved roadway that is partially constructed. The development of the site would be responsible for completing the Yucaipa Ridge Road improvements fronting the Project, including curb and gutter, and would include a multipurpose trail. Adjacent to the right of way of Yucaipa Ridge Road will include “Lot 52” that will include key site drainage elements including detention basins which have been designed as a 30-foot-wide landscaped stream bed, as well as vineyard plantings. Between the lot and the proposed residential lots will also include a decorative block wall.
Processing and Procedural Actions:
Notices of the Project were sent to all surrounding property owners within a 1,300-foot radius of the Project site, and a variety of responses were received by neighbors to the Project site with concerns about the Project and the proposed reduction of the lot sizes identified in the PDP.
Many of the comments and concerns are addressed with the Initial Study prepared for the Project, with responses summarized by topic below. The comments received are also included as an attachment to this agenda report.
Lot Sizes: Many of the comments received indicated concerns with the proposed lot sizes and included requests that lots be either half an acre or be maintained at one acre. As part of these requests, commenters noted the potential incompatibility of the smaller lots as well as the current land use designation for the site. Currently, the subject site is designated as RL-1 which permits one unit per gross acre pursuant to the City’s General Plan and has a theoretical capacity of 52 single family lots. It should be noted that gross density refers to the overall parcel area that includes right of way areas, rather than just the individual parcel boundary and therefore does not require each individual lot to measure 43,560 square feet.
The proposed Project includes a PDP and associated FDP/TTM that is designed to implement the City’s Planned Development Review procedures. Pursuant to Section 83.030205 of the City’s Development Code, the Planned Development process “is intended to facilitate development of properties where greater flexibility in design is desired to provide a more efficient use of land than would be possible through the strict application of land use district regulations.” The Planned Development process specifically allows for modified standards to meet the site’s needs. Based on the topographical elements of the site, in conjunction with the City’s Hillside Overlay District, the applicant is proposing to use the Planned Development process and has created a land use design that results in the consolidation of the residential unit capacity towards the southerly portion of the site to avoid areas of steeper topography that might otherwise create conflicts with other elements listed in the Development Code.
However, as the Planned Development approach is to establish new development standards for a site rather than to comply with the current objective standards listed in the Development Code, the City Council is ultimately responsible for determining if the policy set forth by the PDP is appropriate once a recommendation has been provided by the Planning Commission. With this consideration, the City Council may amend in whole or in part the standards listed in the PDP to best suit the requirements of the General Plan. Further, the Yucaipa General Plan states “When implementing Yucaipa’s General Plan, it is important to note that it addresses multiple objectives through its goals and policies. Adherence to an individual goal or policy is not intended to preclude achievement of other goals and policies. Implementing goals and policies often requires balancing priorities at a particular time or for particular circumstances and decisions. The City Council has final discretion over how to balance adherence to goals and policies when multiple ones affect a single decision.” As such, Council may provide direction to achieve the rural and compatible neighborhood design that supports the existing neighborhood that surrounds the Project.
In an effort to address concerns regarding neighborhood compatibility, the Project has been designed around the internal street network and none of the proposed residences would be located directly along Yucaipa Ridge Road. This approach intends to insulate the neighborhood somewhat
from the subdivision rather than having the residential frontage directly across the street from existing homes. As part of the processing for Case No. 20-136, both the Planning Commission and City Council had recommended increasing the width of the buffer and additional landscape buffering adjacent to Yucaipa Ridge Road, which is proposed with the current subdivision design.
In addition, all access points would connect to existing intersections along Yucaipa Ridge Road, which would preclude any traffic from directly facing an existing residence.
One Lot on One Acre vs. Planned Development: Many public comments were received with concerns that the RL-1 only allows for a single residence on a single acre, as identified in the summary above, and that the application of the Planned Development procedures is a novel approach that should not be applicable. However, it is worthwhile to note that Planned Developments have been approved and developed throughout different periods of the City’s history.
In particular, the City has several different RL-1 neighborhoods, including those known for being some of Yucaipa’s most upscale custom home neighborhoods, that had been developed with the lot area transfer provisions permitted by that process. Three noteworthy neighborhoods, two of which are located in the North Bench, that had used the Planned Development concept includes the Stanley Ranch neighborhood adjacent to Grape Street, the Mountain Gate development located off of Highway 38, and the Reserve at Crafton located near Sand Canyon Road. All three of these neighborhoods, with lots from 10,000 to 20,000 square feet, feature attractive homes that currently command prices from $700,000 to over $1,000,000, and were developed with lots that are less than an acre. Details of these various projects are shown below to give context of the Planned Development approach to consolidate lot sizes for the deliberate purpose of managing different lot constraints.
Stanley Ranch: This neighborhood, located in the RL-1 District, was subdivided by Tract 13831 with the first phase of the map officially recorded in 1990. The lots range from approximately 5 acres along the hillside areas, to 20,000 square feet. Additionally, the Composite Development Plan on file includes the note “Because of the lot size transfer that has occurred within this subdivision, all lots may not be further subdivided in the future.” Similar provisions would apply to the Serrano Estates project, and the proposed vineyard areas would not be permitted by the PDP nor the City to allow future residential uses on those areas.
Stanley Ranch Neighborhood
Mountain Gate: This neighborhood, currently designated as the PD District but historically was designated as RL-10 (10 acre minimum) prior to City incorporation, was subdivided by Tract 14429 and officially recorded in 2005. The lots are generally 20,000 square feet in size, and includes a large open space area owned by the Crafton Hills Conservancy and the state of California.
Mountain Gate Neighborhood
The Reserve at Crafton: This neighborhood is designated as RL-1 and was subdivided by Tract 12222. The map officially recorded in 1992 and the project was later developed in the later 2000s.
The lots are generally 10,000 square feet in size, and it includes a pool, tennis court and clubhouse common feature.
Reserve at Crafton Neighborhood
Traffic Impacts: To support the analysis of the Project, a Transportation Study Screening Assessment, dated May 26, 2022, was prepared by Ganddini Group, Inc. The City’s Traffic Impact Analysis (TIA) Guidelines specify that a transportation impact study with level of service (LOS) analysis should be based on one or more of the following criteria:
• When the project AM or PM peak hour trip generation is 100 or more trips. • Projects that will add 51 or more trips during either the AM or PM peak hour to any intersection.
• When determined by the City Engineer that existing or proposed traffic conditions in the project vicinity have unique characteristics that warrant evaluation.
Based on the previously proposed development consisting of 51 single family dwellings proposed, 16 of which would have been age restricted for seniors, the Project would not have resulted in enough traffic that would trigger these review requirements and would have been within the capacity for the adjoining existing roadways. Many of the comments received noted concerns with the introduction of 399 daily trips that was identified by the Transportation Study Screening Assessment. However, this number of trips amounts to 29 trips during the AM peak hour and 38 trips during the PM peak hour, or less than one car per minute, and is less traffic than what is currently generated by the existing neighborhood. The Project has since been amended to feature 41 age-restricted lots, which further reduce the average daily trips and the peak hour traffic assumptions provided by the Institute of Transportation Engineers (ITE) Trip Generation Manual.
Further, no complaints are on file from the City’s Neighborhood Traffic Calming program regarding congestion or other traffic-related issues that would indicate that the roadway LOS is deficient.
Juniper Street Access: A comment letter was received noting that it was difficult to make a left turn from Juniper towards the southbound direction of Bryant Street, which would be one of the primary exit routes from the development to other parts of the City. To address this concern, a Condition of Approval has been added that requires a traffic analysis to provide a stop sign/traffic signal warrant analysis for the intersection of Bryant Street and Juniper. If potential improvements are determined to be necessary, improvement plans and construction/bonding requirements shall be completed prior to the recordation of the subdivision, and the required improvements shall be constructed prior to the occupancy of individual residences within the Project.
Sewer Availability/Connections: Several different comments noted that the existing area does not feature existing sewer lines and therefore had concerns about the introduction of new septic tanks.
As noted in the preliminary service evaluation for the Yucaipa Valley Water District (YVWD) and the PDP, the proposed Project would be required to extend sewer lines from Bryant Street to serve the development. An exhibit of this extension is provided below. Additional comments were received with concerns that existing properties would be required to connect to the proposed sewer line extension. Approval of the proposed PDP would not require other properties to connect to this infrastructure as YVWD does not currently require existing homes to connect to their sewer infrastructure.
water supply for the future. These efforts have been included into the Yucaipa Subbasin Groundwater Sustainability Management Plan (YSGSMA) that was adopted by the City Council at their regular meeting of January 10, 2022, and is under review with the California Department of Water Resources. The YSGSP identified that the Plan Area is not currently experiencing undesirable results with regard to the chronic lowering of groundwater elevations, reduction of groundwater in storage, land subsidence and depletion of surface water as a result of groundwater production from the principal aquifer, and the basin is not projected to experience undesirable results over the 50-year planning and implementation horizon.
In addition, newer residential development is subject to both Title 24 energy standards and the City’s Water Conservation Ordinance, which includes provisions regarding water fixtures, such as faucets and toilets, and landscaping, such as plant selection and irrigation design, to reduce the water usage relative to older homes. Further, smaller residential lots typically result in less water usage per capita than larger lots, as the larger lots have larger yards that ultimately use more potable water. As an additional element, vineyards require less water than other agricultural crops and, combined with the overall development, would use comparable amount of water relative to a standard RL-1 development. Further, as the state has maintained its housing development goals, it has not permitted any cities to declare a moratorium on new development because of the drought.
Based on the initial Preliminary Service Evaluation from YVWD, recycled water was not specified as a required connection. Dual plumbing for potable and recycled water will be required, and recycled water connections may be also conditioned in a Development Agreement with YVWD.
Electricity Impacts: A comment was received regarding concerns on the capacity of the electrical grid and its ability to support the proposed Project. The Project would be required to meet or exceed the energy standards established in the California Green Building Standards Code, Title 24, Part 11 (CALGreen), which require new buildings to include materials and design elements that increase building system efficiencies, such as improved HVAC system, electrical equipment improvements such as LED lighting, and other related improvements. In addition, the new residences would be required to include solar panels.
Earthquake Risk/Trenching: Some comments referenced concerns with nearby earthquakes faults and the impacts may occur to the proposed residences. To support the analysis of the Project, responses have been provided by the applicant, dated July 8, 2022, and LOR Geotechnical Report dated June 15, 2022, in response to a Preliminary Geotechnical Investigation dated November 22, 2005, for the subject site. As part of the current Project review, LOR Geotechnical notes that the current PDP/TTM plan generally incorporates the recommendations that had been previously presented including their recommended restricted use zone (R.U.Z.) along the northern portion of the site which would be avoided with the proposed PDP configuration. The applicant had indicated that they are currently updating their geotechnical documents, including the preparation of a current fault study, to ensure compliance with today’s codes and requirements that is a requirement consistent with a uniformly applicable policy related to the final engineering effort for future residential building permits. Additional concerns noted the backfill of trenches that was completed as part of prior geotechnical investigations, which will be assessed as part of the required documentation for building permits, and compaction reports will be required as part of the site grading process and prior to the construction of building foundations. Through the review process, the applicant noted to staff that this updated study was to be provided before the City Council meeting; this report has not yet been received.
Fire Risk: A variety of commenters noted the vegetation around the site and the associated risks that may result from wildfires as well as available access should residents need to evacuate. The Project site is located adjacent to Yucaipa Ridge Road, an existing 2-way local paved roadway that is partially constructed. The development of the site would be responsible for completing the Yucaipa Ridge Road improvements, including curb and gutter, and would not impact access to users traveling along the public right-of-way street. Figure S-5 of the Yucaipa General Plan does not designate Yucaipa Ridge Road as a local evacuation route, but does include Bryant Street as a Local Evacuation Route, which can be accessed from Azurite Street and Topaz Street. Further, the Project would result in improvements adjacent to an existing United States Forest Service easement along Yucaipa Ridge Road, which supports fire department access along the ridge directly outside of the city limits.
The Project site is also located approximately 2.19 miles, via paved roadways, to Yucaipa Fire Station #1 at 11416 Bryant Street, Yucaipa, CA 92399. Due to the proximity to the more rural areas of Yucaipa and the neighboring unincorporated community of Oak Glen, this fire station is equipped with Paramedic Engine 551, Reserve Engine 551A, and CAL FIRE Engines 3551 & 3569, and also includes a heliopad and quick response rescue equipment to aid in wildland fire response. Additional firecrews associated with the Mill Creek Hotshots are also located at the Mill Creek Ranger Station that is located at 34701 Mill Creek Rd, Mentone, CA 92359, approximately
1.1 miles away via paved roadways.
The Project will be required to adhere to the City’s Standard Conditions of Approval as required by the City Fire Department, which includes provisions for adequate fire access that are addressed through the Project’s internal circulation design, sprinkler water systems within habitable living spaces, and the placement of new fire hydrants at applicable intervals that meet the water flow requirements of the Fire Code. Documentation from the Project applicant notes that the existing hydrants adjacent to the site provide a flow rate of 850 gallons per minute, which exceeds the Code requirement of 500; however, it should be noted that several public comments received noted that the area has limited water pressure. As a standard Condition of Approval, a hydrant flow test will be required to verify the flow rate to serve the subdivision prior to the issuance of building permits.
The water supply and pressure will need to meet code requirements before any combustible materials (lumber) is provided to the site, and the applicant will be required to make any such improvements to achieve that pressure.
Utility Pole Relocation: One comment was received with a request that the developer relocate the utility poles currently along the west side of Yucaipa Ridge Road to be instead along the Project’s frontage. The City of Yucaipa’s Development Code includes provisions where the undergrounding of utilities is required but does not include provisions to relocate equipment that would not otherwise be impacted by the Development’s improvements to their street frontage.
Habitat Impacts: To support the analysis of the Project, a Biological Resources Assessment and Jurisdictional Delineation, dated June 2022, was prepared by Jennings Environmental. In addition, prior biological research and surveys had been completed on the site as part of the environmental review efforts associated with TTM 14297. In all cases, no candidate, sensitive, or special status species; riparian habitat or other sensitive natural community; wetlands; and wildlife corridors were discovered onsite. Further, various protocol surveys/trappings for the San Bernardino Kangaroo Rat have been completed within the North Bench area over the past several decades and each survey has been negative. The Project site does contain trees and shrubs that would be removed as part of the
mass grading activities for the site, and therefore could have a potential impact on nesting birds if they are present on the Project site at the time of grading and construction. Implementation of Mitigation Measure BIO-1 from the Initial Study would require a preconstruction nesting bird clearance survey to determine the presence/absence, location, and status of any active nests on or adjacent to the Project site and includes appropriate provisions consistent with law.
Blue Line Stream Impacts: A drainage feature is located along the southeastern edge of the site and is considered as a jurisdictional feature under the California Department of Fish and Wildlife, with an estimated jurisdictional area encompassing 0.4 acres of the site. However, the PDP and TTM for the Project has been designed to specifically avoid any development within or adjacent to this jurisdictional feature, and instead would designate this area as natural Open Space in perpetuity.
This requirement is also reflected in the Project’s Conditions of Approval.
Yucaipa Ridge Road Right of Way: A request was made by an adjoining property owner to have the northern Right of Way alignment for Yucaipa Ridge Road shift towards the east to better connect to an existing access easement and paved private drive for the properties to the north, which is shown below:
Neighboring request to align Yucaipa Ridge Road ROW to existing easement
Development Review Committee:
The City Development Review Committee reviewed the Serrano Estates Project (Case No. 20-136) on August 4, 2022, which discussed the Project’s draft Conditions of Approval with the applicant’s representative. The representative noted that they would complete the stop sign improvements along Yucaipa Ridge Road and will be working to address the concerns on the Juniper/Bryant Street intersection. Key revisions, which are also reflected in the proposed Conditions of Approval,
includes details such as the 40 ft ROW along the northern end of Yucaipa Ridge Road, and the proposed stop control at the Yucaipa Ridge Road intersections.
Environmental Review:
The Initial Study prepared for the initial Serrano Estates proposal, which was made available for comment for 20 days beginning on July 15, 2022, and ending on August 4, 2022 1, considers the potential environmental impacts that could occur as a result of the Project. Based upon the analysis conducted by staff, all available evidence indicated that any adverse impacts that could occur are at a less-than-significant level, and consequently, staff had recommended the adoption of a Mitigated Negative Declaration (MND) if the City Council were to ultimately approve the Project. As noted previously, the initial Serrano Estates Project was denied and a new proposal was developed that was intended to address the site design shortcomings identified during those hearings. An Additional Analysis (AA) on the previously-developed MND was prepared pursuant to the provisions of the California Environmental Quality Act (CEQA) in response to Project design revisions that have been made following the public hearing process for Case No. 20-138 and that are now included as part of Case No. 22-150. The AA provides additional information and analyses that merely clarifies or amplifies, or makes insignificant modifications to the Draft MND after it was circulated for public comment in July, 2022 to best account for the current proposal. As such, recirculation is not required pursuant to Section 15073.5 of the CEQA Guidelines; however, this information is being provided for the benefit of public review and disclosure and is included as part of the overall MND adoption process, should Council approve the Project.
The Mitigation measures reflect the comments received through tribal consultation as part of SB18/AB52, as well as the standard protocols regarding biological resources and a paleontological resource evaluation. Other elements of the Project would be governed by uniformly applicable policy, including adherence with the Building Code and SCAQMD rules. No comments were received specifically on the Initial Study during the public review process by local, regional or state agencies, or by members of the public, though a variety of public comment letters were provided with concerns over the Project. These responses are included above as part of the Project processing section.
Alternatively, the City Council can find that the Project is exempt from CEQA pursuant to Sections 15061(4) and 15270 of the CEQA Guidelines if the Planned Development is denied. These sections state that CEQA does not apply to projects which a public agency rejects or disapproves.
CONCLUSION:
If approved, the proposed Preliminary Development Plan will establish a land use plan and development standards for a single-family residential subdivision consisting of 51 lots, including 41 that will be age restricted, and provides additional area for natural open space and vineyards on a 52-acre site along Yucaipa Ridge Road. As part of the Project, a Final Development Plan and Tentative Tract Map No. 20375 has been submitted to entitle the subject site in a design that is consistent with the Preliminary Development Plan.
1 Initial Study was also submitted to the State Clearinghouse for review during the same period.
The City’s Development Code includes procedures for Planned Development applications, and notes that its purpose “is intended to facilitate development of properties where greater flexibility in design is desired to provide a more efficient use of land than would be possible through the strict application of land use district regulations.” As a result, the proposed development does not meet the City’s objective design standards, including lot dimensions and setbacks, until a PDP has been is approved that establishes new standards applicable to the site. The proposed standards of this PDP have been developed by the applicant, based on their application and letter of intent, to address the existing topographical challenges for the site, and includes “[m]odifications to the development standards [that] include, but are not limited to setbacks, minimum lot size, and minimum dwelling unit street frontage” to accomplish additional site design flexibility. The Planned Development process includes required findings of approval that are to be met in order to approve the Project. The Planning Commission has recommended the Project, and the City Council can make any necessary revisions to the draft findings and Planned Development standard to further support the discussion and decision on the Project as part of the Project record.
FISCAL IMPACT:
Based on a total number of 51 residential units on 27 net acres, the Project can be expected to generate $1,207,229.73 in Development Impact Fees, using the current 2022 fee schedule, as follows:
Drainage Facilities: $401,745.42
Traffic Facilities: $532,144.20
Public Facilities: $73,675.62
Fire Facilities: $46,726.71
Park Facilities: $152,937.78
TOTAL: $1,207,229.73
Fees collected by other agencies, such as Yucaipa Valley Water District and Yucaipa Calimesa School District, are in addition to this total.
FINDINGS: PLANNED DEVELOPMENT REVIEW APPROVAL
1. The proposed development is consistent with the City’s General Plan in that the current land use district designation is Rural Living, 1-acre minimum (gross) lot size that would permit up to 52 single family lots. The proposed Project includes the implementation of the Planned Development Review procedures listed in Article 2, Chapter 3 of Division 3 of the Yucaipa Development Code in lieu of direct application of the RL-1 standards to permit the approval of 51 single family lots and one additional lot for vineyards and permanent open space. Pursuant to Section 83.030205 of the City’s Development Code, the Planned Development purpose “is intended to facilitate development of properties where greater flexibility in design is desired to provide a more efficient use of land than would be possible through the strict application of land use district regulations.” The proposed Project does not include the development of units beyond what is currently permissible under the City’s General Plan but works to provide development standards intended to achieve different design goals, including the preservation of natural open space, and provide areas for viticulture.
2. The physical characteristics of the site have been adequately assessed through the proposed Preliminary Development Plan, which leverages the areas of the site that has limited topographical constraints to accommodate the residential capacity and preserves areas with greater slopes or naturalized drainage channels to remain as open space. The design also provides an opportunity for agrarian activities along visible areas intended to support a more rural community appearance and the local viticultural industry. As part of the Preliminary Development Plan, 51 single family homes is proposed within the 52 acre site, and development standards are included to accommodate 12,000 or greater square foot lots that includes design requirements pertaining to yards, setbacks, and walls and fences, while also establishing landscape buffers between the proposed vineyard and from the adjoining neighborhood along Yucaipa Ridge Road. In addition, the site has been arranged with larger lots along the Crystal Street/Quartz Street loop to best integrate with the existing neighborhood along Yucaipa Ridge Road.
3. The site for the proposed development has adequate access from Yucaipa Ridge Road, an existing 2-way local paved roadway that is partially constructed, and relevant condition of approval are required for the Project, including the completion of Yucaipa Ridge Road improvements, including curb, gutter, and a multipurpose trail, as well as the completion of additional improvements adjacent to an existing United States Forest Service easement along Yucaipa Ridge Road, as part of the consideration on the limitations of existing streets and highways and provide the necessary improvements to accommodate the proposed development.
The Project would further access Bryant Street, the primary thoroughfare, from Azurite Street and Topaz Street which are developed as local streets.
4. Adequate public services and facilities will be provided as a condition of development plan approval to serve the proposed development and is identified in Section 4 of the Preliminary Development Plan. This includes the extension of the sewer line from Bryant Street and improvements to potable water service, to support the future development. In addition, these improvements consider the development surrounding the site, and through the permit review process with the utility companies will ensure that the development will not result in a reduction of such public services to the surrounding properties.
5. The proposed development has been designed to minimize any adverse effects on surrounding property by creating a land use design that can help buffer the differing lot sizes of proposed development (greater than a quarter (net) acre) to the existing development (one acre gross) through a landscaped basin along Yucaipa Ridge Road, and locating the permitted residential capacity towards interior streets to the Project. The proposed land uses for the site include single family residences and land for agrarian purposes, which will provide compatibility between land use activities of the surrounding area.
6. The improvements required per the conditions of development plan approval and the manner of development adequately address all natural and manmade hazards associated with the proposed development and the Project site including:
• Flood: The Preliminary Development Plan proposes a land use plan that would avoid any development in drainage areas that may pose a flood risk and would instead preserve the existing drainage channels that feed towards Spoor Creek as natural open space.
• Seismic hazards: The subject site is located within the Alquist Priolo Fault Zone boundary, and prior geotechnical studies completed for the site identify potential fault zone risks along the northern portion of the site. The Preliminary Development Plan would preserve such areas as open space, including natural open space and vineyards, in lieu of residential development. In addition, the proposed residential development would be subject to the California Building Code, and additional geotechnical studies will be completed as part of the permit process to provide for the structural design requirements for the new residences.
• Fire: Risks to future development from fire hazards are addressed through adherence to the City’s Standard Conditions of Approval as required by the City Fire Department, which includes provisions for adequate fire access that are addressed through the Project’s internal circulation design, sprinkler water systems within habitable living spaces, and the placement of new fire hydrants at applicable intervals that meet the water flow requirements of the Fire Code. Prior to the issuance of building permits, a hydrant flow test will be required to verify the flow rate to serve the subdivision, and the development would be subject to any additional water improvements to meet the code requirements for flow. Other key elements supported by the Project is a roadway design that meets the California Fire Code (CFC), including a maximum 12% grade, all weather roadway design capable of supporting 75,000 pounds, and two (2) points of vehicular ingress and egress from streets. General Plan Policy S-1.8, Natural Topography, note that projects should “limit grading for future developments to the minimum amount needed to preserve Yucaipa’s natural topography, preserve vegetation, and maintain soil and slope stability.
• Slope hazards: The Preliminary Development Plan has been designed to locate future residential uses away from the steeper slopes located along the northern portions of the site, and instead concentrates the development along the flatter portion. The steeper areas are also more highly visible to the community at large, and therefore is also proposed for natural open space and vineyards.
7. The proposed development carries out the intent of the planned development provisions by providing a more efficient use of the land and an excellence of design greater than that which would be achieved through the application of conventional development standards as the land
use plan provides for the consolidation of the residential unit capacity towards the southerly portion of the site, which would avoid areas of steeper topography that might otherwise create conflicts with access requirements listed in the Development Code, and leverages these other areas for natural open space and vineyards which would not be otherwise feasible with the strict application of the RL-1 Development Standards.
FINDINGS: TENTATIVE MAP NO. 20375 APPROVAL
1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with the General Plan, provided that the Preliminary Development Plan is approved, because the proposed use and overall density of 51 single family lots on 52 gross acres is consistent with the RL-1 (Rural Living, 1-acre minimum (gross) lot size) Land Use District that is augmented by the Preliminary Development Plan that includes standards that would apply specifically to the site, and the Conditions of Approval address the provision of public services and improvements.
2. The site is physically suitable for the proposed type and density of development, because the Project site would be graded to create pad areas for future units, and has been designed to accommodate the proposed development, roadways, and associated infrastructure for the Project. In addition, physical constraints such as a drainage course, topography, or another environmental constraint, have been taken into consideration during the development of the Preliminary Development Plan and avoided with the subdivision design.
3. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage and substantially or avoidably injure fish or wildlife or their habitat, because the environmental review for the Project includes appropriate conditions or mitigation measures that demonstrate that the Project will have a less than significant impact to the environment.
4. The design of the proposed subdivision and any related types or proposed improvements are not likely to cause serious public safety and health problems because conditions are included to assure compliance with all City health and safety standards.
5. The design of the proposed subdivision or the type of improvements will not conflict with public easements within or through the site because conditions have been included to ensure non-interference with any existing public easements.
6. The design of the subdivision provides for the extent feasible, passive or natural heating and cooling opportunities, because the Project proposes residential lots that would include the installation of solar panels, as required by the with the most current building code, without interference from surrounding properties, which provide opportunities for the use of solar energy.
7. The proposed subdivision, its design, density, and type of development and improvements conforms to the regulations of the Development Code and the regulations of any public agency having jurisdiction by law should the Preliminary Development Plan be approved pursuant to the provisions listed in Article 2 of Chapter 3 of Division 3 of the Yucaipa Development Code, and all public agencies that may be affected by this development have had their concerns addressed by the Conditions of Approval.
8. The proposed subdivision is not deemed to be a land project as defined by the Yucaipa Development Code, Section 812.12030.
LAND USE: RL-1 (RURAL LIVING, 1-ACRE MINIMUM (GROSS) LOT SIZE)
LOCATION