Agenda packet — Yucaipa City Council, August 26, 2024 (part 1 of 3)

CITY OF
Justin Beaver, Mayor
Chris Venable, Mayor Pro Tem
Bobby Duncan, Councilmember
Matt Garner, Councilmember
Jon Thorp, Councilmember
AGENDA
City Council
Successor Agency • Housing Authority
August 26, 2024
City Hall - City Council Chambers
34272 Yucaipa Blvd., Yucaipa, California
Chris Mann, City Manager
Steven Graham, City Attorney
Ana V. Sauseda, City Clerk
The City Council serves as the Board for the Yucaipa Successor Agency and Commission for the Yucaipa Housing Authority.

Public Comment will be called at the time and place noted on the Agenda below for the general public to address the City Council, Successor Agency and Housing Authority. Please complete a speaker's form and return it to the City Clerk prior to the beginning of the meeting. Public Comment will be conducted in accordance with the Rules of Procedure adopted pursuant to Resolution No. 2023-07. There is a three -minute time limit for speaking and time may not be ceded to another speaker.

Public Comment Via Mail or Email
Items must be submitted no later than three (3) business hours prior to the meeting at which the commenter seeks to provide comment. Public comment may be submitted via U.S. Mail to the City Clerk at 34272 Yucaipa Blvd., Yucaipa, CA 92399 or via email to publiccommentkyucaipa.gov. All mail and email correspondence will be archived, distributed to City Council, and retained as part of the public record; however, submissions will not be read out loud during the meeting. The subject line should specify "Public Comment" and include the date of the meeting.

Written public comment submitted on non -agenda items and on specific agenda items will be made available to the public pursuant to the City of Yucaipa policy regarding the distribution of written public comments at City Council and Commission meetings, which may be accessed on the City's website at https://yucaipa.gov/a/agendas-minutes/ . Individuals should be aware that comments provided, including personal information, may be disclosable pursuant to the California Public Records Act.
08/26/2024 City Council Agenda 1

Live stream/recording of City Council meetings:

Members of the public may watch city council meetings live at: https://Ucaipa.gov/live .

Possible Live Stream Disruptions:

While the City of Yucaipa strives for uninterrupted streaming, technical issues may occasionally occur. We ask for your understanding and patience should there be any disruptions during the live broadcast. We will work diligently to resolve any issues promptly, however, please be advised that the City Council meeting may continue in person while such issues are resolved. Every attempt will be made for the meeting to be recorded and made available for viewing after its conclusion.

CLOSED SESSION — 5:00 PM
A. CONFERENCE WITH LEGAL COUNSEL - Pursuant to Government Code section 54956.8
Property: APNS: APN: 0301-191-21, 0301-211-10, 0301-211-12, 0301-201-26, 0301-201- 40, 0301-201-41 and 0301-201-42
Agency Negotiator: Chris Mann, City Manager
Negotiating Parties: Pacific Oaks Industrial LLC
Under negotiation: Price and Terms
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of Litigation Significant Exposure to Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9
Number of Cases (1)
OPEN SESSION — 6:00 PM

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

CLOSED SESSION REPORT

CHANGES TO THE AGENDA

SPECIAL PRESENTATIONS
Tyler Technologies Software Implementation Recognition

PUBLIC SAFETY UPDATE
• Police
• Fire
• Code Enforcement
08/26/2024 City Council Agenda

CITY COUNCIL CONFLICT OF INTEREST DISCLOSURE
In compliance with the Political Reform Act, Levine Act, and under Common Law, this agenda item provides an opportunity for City Council members to disclose any potential conflicts of interest related to any other item on the agenda. The purpose of this disclosure is to ensure transparency and maintain public trust in the Council's decision -making process.

CONSENT AGENDA
The following Consent Agenda items are expected to be routine and non -controversial.

Council will act upon them, at one time, without discussion. Any Councilmember or staff member may request removal of an item from the Consent Agenda for discussion. The title is deemed to be read and further reading waived on any ordinance listed on the Consent Agenda for second reading and adoption.

Members of the City Council also sit as the Board for the Successor Agency and Commission for the Housing Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar.

1. SUBJECT: APPROVE THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY MINUTES OF AUGUST 12, 2024
RECOMMENDATION: That the City Council approve the City Council/Successor Agency/Housing Authority Minutes of August 12, 2024.

2. SUBJECT: SECOND READING OF ORDINANCE NO.451
RECOMMENDATION: That the City Council approve the second reading of Ordinance No. 451, an Ordinance of the City Council of the City of Yucaipa, California, Amending Chapter 12.06 of the Yucaipa Municipal Code Following the United States Supreme Court's Decision in Johnson V. City of Grants Pass

3. SUBJECT: EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO THE 2022 SEPTEMBER STORM EVENT
RECOMMENDATION: That the City Council extend the declaration of a local emergency as a result of the 2022 September Storm Event.

4. SUBJECT: EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO

TROPICAL STORM HILARY
RECOMMENDATION: That the City Council extend the declaration of a local emergency as a result of Tropical Storm Hilary.

5. SUBJECT: MONTHLY REPORT ON YUCAIPA APP USAGE — JULY, 2024 RECOMMENDATION: That the City Council receive and file a report of the user activity on the Yucaipa App for the month of July, 2024. 08/26/2024 City Council Agenda

6. SUBJECT: UPDATE ON DISPOSITION OF SURPLUS MATERIAL LOCATED AT

WILSON III BASIN
RECOMMENDATION: That the City Council receive an update regarding the disposition of surplus material located at Wilson III Basin.

7. SUBJECT: CONTRACT AMENDMENT NO.5 TO THE CONTRACT WITH ANIMAL PEST MANAGEMENT, INC. FOR THE GOPHER AND RODENT CONTROL

PROGRAM
RECOMMENDATION: That the City Council authorize the City Manager to execute Amendment No. 5 to the contract with Animal Pest Management, Inc. (APM) in the not - to -exceed amount of $451 for a revised FY24 contract total of $58,727 for City's Gopher and Rodent Control Program.

8. SUBJECT: AWARD OF CONTRACT WORK — FISCAL YEAR 2024/2025 CONCRETE PROGRAM— PROJECT NO. 11214
RECOMMENDATION: That the City Council:

1. Award and authorize the City Manager to execute a contract, and the City Manager or his designee to administer the terms of the contract to the lowest responsible bidder, Three Peaks Corp. of Calimesa, CA in the amount $165,600 for the FY 2024/2025 Concrete Program, Project No. 11214 (Project); and

2. Approve the amount of $23,000 for construction contract contingency and the amount of $13,000 for construction contract administration, staff time, and inspection costs for a total construction budget in the amount of $201,600; and

3. Authorize the City Manager or his designee to administer the distribution of the contract contingency; and

4. Approve the plans and specifications prepared for the Project.

DISCUSSION ITEMS

9. SUBJECT: REVIEW AND CONSIDER FISCAL YEAR 2024-25 COMMUNITY

ACTIVITY GRANT APPLICATIONS
RECOMMENDATION: That the City Council review and consider the Fiscal Year 2024-25 Community Activity Grant (CAG) Applications submitted by Down Right Blessed Foundation and Inland Leaders Charter School and award in-kind/fee waiver support as recommended by the CAG Application Review Ad -Hoc Committee:
08/26/2024 City Council Agenda

FY 2024-25
CAG Ad -Hoc
In -Kind
Committee
Applicant
Description of Event/Program
Support/Fee
Recommended
Waiver
Award
Requested
Waive Community Park rental fees to
host the 1st Annual Buddy Walk in
October to bring awareness & support to
Down Right Blessed
individuals/families with Down
Foundation
Syndrome.
$1,000
$747.50
Waive Community Center Gym rental
fees for ILCS to host home girls'
Inland Leaders Charter
volleyball games from August 29' to
School
October 15'.
$1,782
$747.50
Total
$2,782
$ 1,495
CAG In-Kind/Fee Waiver Fund Balance
$1,495
$1,495
Remaining Balance
$1,287
$ 0

PUBLIC HEARINGS
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. 08/26/2024 City Council Agenda C

10. SUBJECT: Freeway Corridor Specific Plan Update (Case No. 24-044/GPA/SPA) & Pacific Oaks Commerce Center (21-196/CUP/ARC/TPM):

The existing Freeway Corridor Specific Plan (FCSP), adopted in November 2008, allows for development of up to 2,447 residential units on 424.7 acres and up to 4,585,779 square feet of nonresidential uses on 242.7 acres within the 1,242-acre plan area. The proposed update to the FCSP (Case No. 24-044/GPA/SPA) would result in a total of 2,472 residential units and 5,093,265 square feet of nonresidential uses. As a result, the proposed Project would result in an increase of 25 residential units, 2,786,461 square feet of Business Park (BP), and a reduction of 2,278,976 square feet of Regional Commercial (RC) compared to the existing FCSP. The Proposed Project also includes development of the Pacific Oaks Commerce Center (21-196/CUP/ARC/TPM), which consists of the development of two (2) buildings with warehouse and office spaces, totaling 2,054,000 square feet of building space, as well as truck parking and docking bays, consistent with the provisions included in the FCSP Update.

RECOMMENDATION: That the City Council That the City Council conduct a public hearing regarding the Freeway Corridor Specific Plan (FCSP) and the Final Supplemental Environmental Impact Report (SEIR), as well as Case No. 21-196 for the Pacific Oaks Commerce Center. The Planning Commission has previously reviewed the FCSP and did not offer a recommendation for approval.

Depending on the City Council's review, several potential motions can be made and are as follows:

Motion in support of the FCSP Update:

If the City Council is in support of the FCSP, the following recommendation is provided:

1. Adopt Resolution No. 2024-19, approving the Freeway Corridor Specific Plan Update with the items listed in the errata; certifying that the Final Subsequent Environmental Impact Report (SEIR) has been completed in compliance with the California Environmental Quality Act (CEQA); accepting the mitigation measures identified in the Final SEIR; adopting Findings of Fact; and adopting a Statement of Overriding Considerations; and

2. Approve the introduction and first reading of Ordinance No. 448, an Ordinance of the City Council of the City of Yucaipa, California, amending Ordinance No. 343, amending of the official land use plan and zoning ordinance of the City of Yucaipa; and

3. Approve the Conditional Use Permit (Case No. 21-196), subject to the Conditions of Approval as contained in the Agenda Report, and if acceptable, approve the Architectural Design and preliminary landscaping, for the Pacific Oaks Commerce Center Project (POCC); and

4. Adopt the Findings as contained in the Agenda Report; and 08/26/2024 City Council Agenda L

5. Approve the Mitigation Monitoring and Reporting Program; and direct Staff to file a Notice of Determination.

Motion against the FCSP Update:

If the City Council is not in support of the FCSP, the following motion is provided:

1. Direct Staff to prepare a Resolution to deny the approval of the Freeway Corridor Specific Plan Update; and

2. Direct Staff to prepare Findings for denial, based on the Planning Commission's consideration of the Project with respect to Section 83.020310 of the Yucaipa Development Code; and

3. Deny Conditional Use Permit (Case No. 21-196), as it is inconsistent with the land use designations of the existing Freeway Corridor Specific Plan; and

4. Determine that the Project is exempt from CEQA pursuant to Section 15270 of the CEQA Guidelines, which states that CEQA does not apply to projects which a public agency rejects or disapproves.

PUBLIC COMMENT LIMIT 3 MINUTES

COUNCILMEMBER REPORTS

ANNOUNCEMENTS

ADJOURNMENT
08/26/2024 City Council Agenda

Notice Regarding Americans with Disability Act
The City of Yucaipa complies with the Americans with Disabilities Act of 1990. If you need special assistance to participate in this meeting, please call the City Clerk's Department at (909) 797-2489, during normal business hours, at least 48-hours prior to the meeting.

Notification 48 hours prior to the meeting will enable the city to make reasonable accommodations to ensure accessibility to this meeting.

CEQA STATEMENT:

Unless stated otherwise on the agenda, every item on the agenda is exempt from CEQA guidelines sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15323 and/or Public Resource Code Section 21065.

Pursuant to Government Code Section 54957.5, any disclosable public records related to an open session item on a regular meeting agenda and distributed by the City of Yucaipa to all or a majority of the City Council, less than 72 hours prior to that meeting, are available for public inspection at Yucaipa City Hall, 34272 Yucaipa Boulevard, Yucaipa, CA 92399, during normal business hours.

DISCLOSURE OF CAMPAIGN CONTRIBUTIONS
(Levine Act — Government Code section 84308)
Pursuant to Government Code section 84308, members of the City Council and Planning Commission are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid contracts, labor contracts, or personal employment contracts with City employees), franchises, discretionary land use permits and other entitlements if the Councilmember or Planning Commissioner received more than $250 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the City's decision on the agenda item since January 1, 2023. Any applicants, contractors or their agents who have made, campaign contributions totaling more than $250 to a City Councilmember or Planning Commissioner member since January 1, 2023, are required to disclose that fact for the official record of the subject agenda item and any such City Councilmember or Planning Commissioner shall not make, participate in making, or in any way attempt to use their official position to influence the subject agenda item. Disclosures must include the amount of the campaign contribution and identify the recipient City Councilmember or Planning Commissioner and may be made either in writing to the City Clerk prior to the subject hearing or by verbal disclosure at the time of the hearing. 08/26/2024 City Council Agenda Q

NOTICE REGARDING CHALLENGES TO DECISIONS
Pursuant to all applicable laws and regulations, if you would like to challenge the decision of the City Council on an item appearing on this Agenda, you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this Agenda, or in written correspondence delivered to the City at, or prior to, the public hearing.

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 08/22/2024, at least seventy-two (72) hours prior to the meeting per Government Code 54954.2, at the following locations:

Yucaipa City Hall, 34272 Yucaipa Boulevard, Yucaipa, California City of Yucaipa website www. t} icaipa.gov
Ana V. Sauseda, MMC
City Clerk
08/26/2024 City Council Agenda n

Agenda Item No. 1

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk -41, FOR: City Council Meeting of August 26, 2024
SUBJECT: Approve the City Council/Successor Agency/Housing Authority Minutes of August 12, 2024
RECOMMENDATION:

That the City Council approve the City Council/Successor Agency/Housing Authority Minutes of August 12, 2024.

Attachments:

1. Regular Meeting Minutes — 08/12/2024
Approved by: -�
08/26/2024 City Council Agenda 10

ATTACHMENT 1
08/26/2024 City Council Agenda 11

City of Yucaipa
City Council/Successor Agency/Housing Authority Minutes Regular Meeting of August 12, 2024
City Hall Council Chambers
34272 Yucaipa Blvd., Yucaipa, CA 92399
CLOSED SESSION — 5:00 PM

CALL TO ORDER
Mayor Beaver called the Closed Session meeting to order at 5:00 p.m.

CITY COUNCIL ROLL CALL
PRESENT: Justin Beaver, Mayor
Chris Venable, Mayor Pro Tern
Bobby Duncan, Councilmember
Matt Garner, Councilmember
Jon Thorp, Councilmember
ABSENT: None

PUBLIC COMMENT
There were no comments.

CLOSED SESSION — 5:00 PM
A. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9)
Ana Sauseda v. Kathleen Elizabeth Sellers, Court of Appeal (Fourth District) Case No.

E083932
B. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9)
City of San Diego, et al. ex rel. Blackbird Special Project, LLC v. Invitation Homes, Inc., Case No. 22-CV-00260 (S.D. Cal.)
The City Council entered Closed Session at 5:00 p.m.

OPEN SESSION — 6:00 PM

CALL TO ORDER
Mayor Beaver called to order the Regular Meeting of the City Council/Successor Agency/Housing Authority at 6:00 p.m.

City Council Minutes
Page I of 7
08/26/2024 City Council Agenda
12 PLEDGE OF ALLEGIANCE
Pledge of Allegiance was led by Captain Walker.

CITY COUNCIL ROLL CALL
PRESENT: Justin Beaver, Mayor
Chris Venable, Mayor Pro Tern
Bobby Duncan, Councilmember
Matt Garner, Councilmember
Jon Thorp, Councilmember
ABSENT: None
STAFF
PRESENT: Chris Mann, City Manager
Jennifer Crawford, Assistant City Manager
Steven Graham, City Attorney
Ana Sauseda, Director of General Services/City Clerk

CLOSED SESSION REPORT
City Attorney Steven Graham announced that the City Council voted 5-0 to provide settlement direction on Item B.

CHANGES TO THE AGENDA
City Manager Chris Mann indicated that Item 12 was being removed and would be brought back at a future meeting.

SPECIAL PRESENTATION
YAPS Dog of the Month was presented by Krista Dunlop, Executive Director of YAPS.

Yucaipa Girl's 8U Softball was presented by Mayor Beaver and Coach John Scott.

Active Shooter Training Recognition was presented by Public Safety Manager Trevor Benson and Captain Mike Walker.

PUBLIC COMMENT
The following members of the public spoke:
• Richard Frost
• David Enos
• Caecilia Johns
• Lloyd Rekstad
• Hansen Wang
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08/26/2024 City Council Agenda
13 • Kathy Sellers
• Timothy Mullins
• Mary Reuhter
• Martha Glubka

CITY COUNCIL CONFLICT OF INTEREST DISCLOSURE
City Attorney Graham announced that the City Council Conflict of Interest disclosure was added to the agenda to allow for Council to disclose any conflicts of interests in compliance with the Political Reform Act, Levine Act, and common law.

Mayor Beaver asked if there were any conflicts to disclose. There were no items disclosed.

CONSENT AGENDA
Mayor Beaver asked if there were any Consent Agenda items to be removed for discussion. Item No. 4 was removed for discussion.

1. SUBJECT: APPROVE THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY MINUTES OF JULY 22, 2024
RECOMMENDATION: That the City Council approve the City Council/Successor Agency/Housing Authority minutes of July 22, 2024.

2. SUBJECT: EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO THE 2022 SEPTEMBER STORM EVENT
RECOMMENDATION: That the City Council extend the declaration of a local emergency as a result of the 2022 September Storm Event.

3. SUBJECT: EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO

TROPICAL STORM HILARY
RECOMMENDATION: That the City Council extend the declaration of a local emergency as a result of Tropical Storm Hilary.

5. SUBJECT: RESOLUTION NO. 2024-53, A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF YUCAIPA, CALIFORNIA, ESTABLISHING A CITYWIDE POLICY

AND GUIDELINES FOR PUBLIC SAFETY FUNDING AS PART OF NEW

DEVELOPMENT AS REQUIRED BY THE GENERAL PLAN
RECOMMENDATION: That the City Council adopt Resolution No. 2024-53 establishing a citywide policy and guidelines for public safety funding as part of new development.

City Council Minutes

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08/26/2024 City Council Agenda
14 6. SUBJECT: FIRE DEPARTMENT ANNUAL PROCUREMENTS FISCAL YEAR 2024- 2025
RECOMMENDATION: That the City Council:

1. Award and authorize the execution of FY25 fire department contracts for a. Allstar Fire Equipment Inc. $50,000
b. Flyers Energy $95,000
c. Fire Apparatus Solutions $50,000
d. McCray Enterprises $50,000; and

2. Authorize increases in FY24 Purchase Orders for
a. Life -Assist up to $36,943
b. Fire Apparatus Solutions up to $58,440; and

3. Dispense with competitive bid procedures as per Section 2.24.060.A of the City of Yucaipa Municipal Code.

7. SUBJECT: CONTRACT AMENDMENT NO. 1 - ON -CALL PROFESSIONAL

ENVIRONMENTAL REVIEW SERVICES FOR PRIVATE DEVELOPMENT

PROJECTS
RECOMMENDATION: That the City Council authorize the City Manager to execute Contract Amendment No. 1 with CASC increasing their prior FY2022/2023 and FY2023/2024 contract by $19,474 for a revised total of $94,474 for providing on -call Professional Environmental Review Services for Private Development Projects.

8. SUBJECT: INFRASTRUCTURE CONSTRUCTION AND COORDINATION

AGREEMENT WITH THE YUCAIPA VALLEY WATER DISTRICT REGARDING

PAVEMENT REHABILITATION
RECOMMENDATION: That the City Council:

1. Amend the FY2023/2024 Pavement Management Program by adding the amount of $292,634 for the addition of Grandview Road and Acacia Avenue; and

2. Authorize the City Manager to execute an Infrastructure Construction and Coordination Agreement with the Yucaipa Valley Water District in the amount of $125,351 for the pavement rehabilitation road improvement project on Grandview Road and Acacia Avenue; and

3. Authorize the contract amendment to Matich Corporation by the amount of $292,634 for the addition of Grandview Road and Acacia Avenue.

City Council Minutes

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08/26/2024 City Council Agenda
15 9. SUBJECT: RENEWAL OF THE MEMORANDUM OF UNDERSTANDING (MOU)

WITH UNIVERSITY ENTERPRISES CORPORATION (UEC) AT CALIFORNIA

STATE UNIVERSITY, SAN BERNARDINO (CSUSB) FOR ITSELF AND ON

BEHALF OF THE INLAND EMPIRE SMALL BUSINESS DEVELOPMENT CENTER (IESBDC) FOR SMALL BUSINESS SUPPORT, RESOURCES, AND CONSULTING

SERVICES
RECOMMENDATION: That the City Council:

1. Authorize the City Manager to renew a Memorandum of Understanding (MOU) with the University Enterprises Corporation (UEC) at California State University, San Bernardino (CSUSB) for itself and on behalf of the Inland Empire Small Business Development Center (IESBDC) to provide small business support, resources, and consulting services; and

2. Approve the payment in the amount of $17,000 to IESBDC in accordance with the MOU; and

3. Approve the use of City Hall (Community Meeting Room) for nine (9) workshop/webinars.

ACTION: MOTION BY COUNCILMEMBER DUNCAN, SECOND BY
COUNCILMEMBER THORP, CARRIED 5-0, TO APPROVE CONSENT
AGENDA ITEMS NO. 2, 3 AND 5 THROUGH 9.

MOTION BY COUNCILMEMBER DUNCAN, SECOND BY COUNCILMEMBER THORP, CARRIED 4-0-1, (MAYOR BEAVER RECUSED HIMSELF) TO APPROVE CONSENT AGENDA ITEM NO. 1.

ITEM REMOVED FOR DISCUSSION

4. SUBJECT: MONTHLY TREASURER'S REPORT JUNE 2024
RECOMMENDATION: That the City Council receive and file the Monthly Treasurer's Report for June 2024.

The following member of the public spoke:
• Hansen Wang
ACTION: MOTION BY COUNCILMEMBER DUNCAN, SECOND BY MAYOR PRO TEM VENABLE, CARRIED 5-0, TO APPROVE STAFF'S
RECOMMENDATION.

City Council Minutes

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08/26/2024 City Council Agenda

DISCUSSION ITEMS

10. SUBJECT: ORDINANCE NO. 451, REINSTATING THE PROHIBITION ON

CAMPING AND STORAGE OF PERSONAL PROPERTY IN PUBLIC SPACES

FOLLOWING THE UNITED STATES SUPREME COURT'S DECISION IN JOHNSON V. CITY OF GRANTS PASS
RECOMMENDATION: That the City Council approve the introduction and first reading of Ordinance No. 451, an Ordinance of the of the City Council of the City of Yucaipa, California, amending section 12.06 of the Yucaipa Municipal Code following the United States Supreme Court's Decision in Johnson v. City of Grants Pass.

DISCUSSION: City Attorney Graham presented the Agenda Report.

After Council discussion, the following Motion was made:

ACTION: MOTION BY MAYOR PRO TEM VENABLE, SECOND BY
COUNCILMEMBER GARNER, CARRIED 5-0, TO APPROVE STAFF'S
RECOMMENDATION.

11. SUBJECT: FACILITY LEASE AGREEMENT — PRIORITY AMBULANCE (CONFIRE) 34282 YUCAIPA BLVD.

RECOMMENDATION: That the City Council:

1. Authorize the City Manager to execute the lease agreement with Priority Ambulance, LLC. for the temporary use of the identified City facility to support CONFIRE operations; and

2. Direct staff to continue working with CONFIRE to secure a permanent facility in Yucaipa.

DISCUSSION: Chief Malinowski presented the Agenda Report.

After Council discussion, the following Motion was made:

ACTION: MOTION BY MAYOR PRO TEM VENABLE, SECOND BY
COUNCILMEMBER DUNCAN, CARRIED 5-0, TO APPROVE STAFF'S
RECOMMENDATION.

COUNCILMEMBER REPORTS
Councilmember Duncan addressed members of the public. Mayor Beaver discussed the recent Homeland Security Conference which he attended and announced the upcoming Mulch Giveaway.

Mayor Pro Tern Venable asked the public to consider joining the Healthy Yucaipa Committee and the Youth Advisory Committee.

City Council Minutes

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08/26/2024 City Council Agenda
17 ANNOUNCEMENTS
The next regularly scheduled meeting will be August 26, 2024 at 6:00 p.m.

ADJOURNMENT
The meeting adjourned at 7:18 p.m.

Justin Beaver, Mayor
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
City Council Minutes

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08/26/2024 City Council Agenda

Agenda Item No. Z

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk 4t1,!7 FOR: City Council Meeting of August 26, 2024
SUBJECT: Second Reading of Ordinance No. 451
RECOMMENDATION:

That the City Council approve the second reading of Ordinance No. 451, an Ordinance of the City Council of the City of Yucaipa, California, amending Chapter 12.06 of the Yucaipa Municipal Code Following the United States Supreme Court's Decision in Johnson V. City of Grants Pass.

Attachment:

1. Ordinance No. 451
Approved By:
08/26/2024 City Council Agenda 19

ATTACHMENT 1
08/26/2024 City Council Agenda 20

ORDINANCE NO. 451

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, AMENDING CHAPTER 12.06 OF THE YUCAIPA

MUNICIPAL CODE FOLLOWING THE UNITED STATES SUPREME
COURT'S DECISION IN JOHNSON V. CITY OF GRANTS PASS
WHEREAS, the City of Yucaipa recognizes the need to maintain public order, safety, and the quality of life for all its residents and visitors; and WHEREAS, the City has an obligation to ensure that public spaces such as parks, sidewalks, and other public properties remain accessible and safe for all members of the community; and
WHEREAS, camping in public spaces leads to health and safety hazards, including unsanitary conditions, fire risks, and increased crime; and WHEREAS, the Supreme Court decision in Johnson v. City of Grants Pass affirmed that generally applicable bans on camping in public places do not violate the Eighth Amendment when applied in a manner that does not specifically target individuals based on their status of being unhoused, but rather on the conduct of camping in public places; and WHEREAS, the City of Yucaipa seeks to provide compassionate solutions to homelessness by supporting shelters, housing programs, and services designed to assist individuals in finding stable and permanent housing; and WHEREAS, the City has determined that the enforcement of a ban on camping in public places by anyone is essential to maintaining public health, safety, and welfare; and WHEREAS, the City lacks the facilities for anyone to camp in public, whether due to lack of housing, the desire to recreationally camp, or for any other reason; and WHEREAS, the City Council finds that this ordinance is necessary to promote the health, safety, and welfare of the community, and to preserve the public order and quality of life in the City of Yucaipa.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Findings.

The recitals set forth above are hereby adopted as findings in support of this Ordinance. 08/26/2024 City Council Agenda 21

Section 2: Section 12.06.010 of the Yucaipa Municipal Code is hereby amended to read as follows:
(a) Purpose.

This Section is intended to protect the public health, welfare, and safety by reserving open spaces and facilities within the City limits for their intended purposes. Public property within the City should be readily accessible and available to residents and the general public at large. Use of public property for camping or storage of personal property interferes with the rights of others to make use of such shared public spaces for their intended purposes and causes blight, pollution, and damage to public property. This Section is intended to avoid unsafe and potentially disorderly conditions, unsanitary and unhealthful conditions, and the degradation or destruction of open spaces and facilities within the City, and preserve such open spaces and natural resources.
(b) Definitions.

The following words and phrases, when used in this Section, shall have the below meanings unless it is readily apparent from the context that another meaning is intended. (1) "Camp" or "Camping" means the conduct of more than one of the following activities on public property, when it reasonably appears, in light of all circumstances, that a person is using such public or private property for living accommodation purposes:
(A) sleeping or preparing to sleep (including the laying down of bedding for the purpose of sleeping), including undertaking such activities in a vehicle (including any motorhome, camp trailer, camper, coach, fifth wheel travel trailer, house car, recreational vehicle, mobile home), or obscuring some or all of the vehicle's windows; (B) erecting or using any tent, camp facilities, or building any other form of shelter;
(C) unattended storage of personal belongings (including but not limited to clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware) or camp paraphernalia;
(D) making or using any fire, for purpose of heating or cooking, or using any flame, grill, portable stove, or similar flame producing device for cooking of meals on public property, except for in City parks with designated barbeque and cooking areas while using City -provided cooking facilities designed for such purposes; or (E) doing any digging or earth breaking activities for purpose of creating or improving a shelter.

Camping shall be deemed to occur regardless of whether a full night is actually spent occupying any specific location on public property.
(2) "Camp facilities" include, but are not limited to, tents, huts, or similar temporary shelters consisting of any material with a top or roof or any other upper covering or that is otherwise enclosed by sides that is of sufficient size for a person to fit underneath or inside while sitting or lying down and includes the use of a tarp or other material tied or affixed to a structure or bush to create an enclosed area.
(3) "Camp paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, or non -City designated cooking or heating equipment. 08/26/2024 City Council Agenda 22

(4) "Public property" means any publicly owned property in the City, whether improved or unimproved, including, but not limited to, any of the following: public alleyways; public parking lots; public passageways; public streets; public rights -of -way; park playgrounds; state highways; publicly owned, maintained, or operated parks; publicly owned, maintained, or operated landscaped areas or greenbelts; publicly owned fences, trees, light poles, or equipment boxes; publicly owned, maintained, or operated open spaces including, but not limited to, public facilities or buildings of any kind; public sidewalks, curbs, and gutters; public educational institutions; or other government owned, maintained, or operated properties located within the City.
(c) Camping Prohibited.

It shall be unlawful for any person to camp on any public property within the City, except as otherwise provided herein.
(d) Storage of Personal Property Prohibited.
(1) It shall be unlawful for any person to store any personal property, including camp facilities and camp paraphernalia, on any public property within the City, except as otherwise provided herein.
(2) Before removing any personal property, the enforcement officer, or their designee, shall attempt to provide any readily apparent owners with notice of the intent to remove the personal property and a reasonable opportunity to remove the personal property from public property. If there is no readily apparent owner, or if the readily apparent owner refuses to remove the personal property from public property, then the enforcement officer, or their designee, may cause the personal property to be removed from public property. The enforcement officer, or their designee, shall post a notice on or near the personal property so as to reasonably communicate the notice to the owner the following information:
(A) The location of where the personal property was located; (B) The date and time notice was served or posted;
(C) A statement that the storage of personal property violates this Section; (D) An advisement that the City has impounded the personal property for at least 30 days, the location where the personal property is impounded, and that the personal property will be discarded after 30 days if not claimed. (E) The address, phone number, and operating hours of the location where the personal property will be stored and may be retrieved, and that the City will charge no fee for storage or retrieval.
(F) Information about any housing or shelter and homeless services available for the owners of the personal property, the phone number and address to contact in order to obtain the housing or shelter or other health and human services;
(3) The enforcement officer, or their designee, may immediately discard, without impounding or retaining for 30 days, any items which constitute an immediate threat to the health or safety of the public or items that constitute evidence of a crime or contraband that may be seized, as permitted by law.
08/26/2024 City Council Agenda 23

(e) Exceptions.

The provisions of this Section shall not apply in the event of a declared state of emergency, nor to any persons participating in an event subject to a permit issued in conformity with this Code, nor to camping in public accommodations that are properly zoned, legally established and designated for camping purposes.
(f) Enforcement.
(1) Any person causing, permitting, aiding, abetting, suffering or concealing a violation of this Section shall be guilty of a misdemeanor, and may, in the discretion of the City Attorney, be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed $1,000.00 or imprisonment in the city or county jail for a period of not more than six months, or by both such fine and imprisonment.
(2) The city attorney, in his or her sound discretion, may prosecute a violation of this Section as an infraction, rather than a misdemeanor, or reduce or agree to the reduction of a previously filed misdemeanor to an infraction. Any person convicted of an infraction under this Section shall be punished by a fine not exceeding $100.00 for the first violation, a fine not exceeding $200.00 for a second violation within one year, and a fine not exceeding $500.00 for a third violation within one year. A fourth violation of this Section within one year shall be charged as a misdemeanor and may not be reduced to an infraction. (3) This Section may be enforced by injunction issued by the superior court upon a suit brought by the City Attorney.

Section 3. Municipal Code Amendment.

Sections 12.06.020 through 12.06.050 are hereby repealed.

Section 4. Severability.

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

Section 5. Effective Date.

This Ordinance shall take effect thirty (30) days from its passage by the City Council of the City of Yucaipa.
08/26/2024 City Council Agenda 24

Section 6. Publication.

The City Clerk is authorized and directed to cause this Ordinance to be published in the manner required by law.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

PASSED, APPROVED and ADOPTED this 26th day of August, 2024.

ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
Justin Beaver, Mayor

APPROVED AS TO FORM
Steven G. Pacifico, City Attorney
08/26/2024 City Council Agenda
25 Agenda Item No. 3

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council Members
FROM: Trevor Benson, Public Safety Manager
FOR: City Council Meeting of August 26, 2024
SUBJECT: Extending the Existence of a Local Emergency Due to the 2022 September Storm Event
RECOMMENDATION:

That the City Council extend the declaration of a local emergency as a result of the 2022 September Storm Event.
2022 SEPTEMBER STORM BACKGROUND/DISCUSSION:

On September 14, 2022, the Yucaipa City Manager proclaimed a local emergency due to the 2022 September Storm Event in Yucaipa and surrounding communities. The storm which was caused by remnants of Hurricane Kay produced conditions of extreme peril to the safety of persons and property within the City of Yucaipa, in the form of infrastructure damage, from extreme weather including intense rain, wind, flooding and debris flow.

On September 14, 2022, the County of San Bernardino declared a County -Wide, local emergency due to the storm.

At the September 20, 2022, Special City Council Meeting, Council adopted Resolution No. 2022- 54, ratifying the proclamation of the existence of a local emergency by the City Manager.

Post storm assessments were conducted in the burn areas and debris basins to identify on -site and downstream threats to public health or safety from landslides, debris flow, flooding, road hazards and other post -fire related concerns, as well as to determine measures to prevent or mitigate identified threats.

As a direct result of the September Storm Event, several areas within the City were impacted, requiring emergency work, such as El Dorado Park, Oak Glen Road and Pendleton Road. Staff is tracking costs for this required emergency response work necessary to address these areas. In addition to the emergency work performed to close, cleanup and reopen City facilities/roadways, additional emergency work was required to address approximately 18,000 cubic yards of mud, silt and debris that impacted areas within the Wilson III Basin/Channel area. In addition, the Oak Glen Creek Basin system sustained approximately 25,000 cubic yards of mud, silt, and debris, that, in conjunction with San Bernardino County Flood Control District was removed. 08/26/2024 City Council Agenda 26

Subsequently, in August, 2023 the City experienced another significant storm event, Tropical Storm Hilary creating rainfall totaling as much as 4.5 inches in parts of the community, once again testing the systems constructed over the past twenty years and maintained between and during these storm events.

Pursuant to Yucaipa Municipal Code Section 8.36.160, the City Council shall review, at least every fourteen (14) days, unless waived by the City Council to meet State requirements, until such local emergency is terminated, the need for continuing the local emergency.

Such declaration facilitates the City's response to combat perilous conditions by providing limited immunity for emergency actions of public employees and governing bodies, authorizing the issuance of orders and regulations to protect life and property, and activating pre -established local emergency provisions.

FISCAL IMPACT:

None with this item.

Approved by:
08/26/2024 City Council Agenda 27

Agenda Item No. 4

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council Memb rs
FROM: Trevor Benson, Public Safety Manager I
FOR: City Council Meeting of August 26, 2024
SUBJECT: Extending the Existence of a Local Emergency Due to Tropical Stor n Hilary
RECOMMENDATION:

That the City Council extend the declaration of a local emergency as a result of Tropical Storm Hilary.

TROPICAL STORM BACKGROUND/DISCUSSION:

On Sunday, August 20, 2023, the Yucaipa City Manager Chris Mann proclaimed a local emergency due to Tropical Storm Hilary in Yucaipa and surrounding communities. The storm which was caused by remnants of Tropical Storm Hilary produced conditions of extreme peril to the safety of persons and property within the City of Yucaipa, in the form of infrastructure damage, from extreme weather including intense rain, wind, flooding and debris flow.

On August 20, 2023, the County of San Bernardino also declared a County -Wide, local emergency due to the storm and on August 19, 2023, the State of California pre-emptively proclaimed a state of emergency in several counties including County of San Bernardino.

At the August 24, 2023, Special City Council meeting, Council adopted Resolution No. 2023-43, ratifying the proclamation of the existence of a local emergency by the City Manager.

As a direct result of the tropical storm, several areas within the City were impacted, requiring emergency work, for Oak Glen Road, Casa Blanca and Pendleton Road. Staff is tracking costs for the required emergency response work necessary to address these areas. In addition to the emergency work performed to close, cleanup and reopen City facilities/roadways, additional emergency work was required to address approximately 100,000 cubic yards of mud, silt and debris that impacted areas within the Wilson III Basin/Channel area. In addition, the Oak Glen 08/26/2024 City Council Agenda 28

Creek Basin system sustained approximately 50,000 cubic yards of mud, silt, and debris, that, in conjunction with San Bernardino County Flood Control District was removed.

FISCAL IMPACT:

None with this item.

Approved by: G
08/26/2024 City Council Agenda 29

Agenda Item No. 5

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk 41,:5' FOR: City Council Meeting of August 26, 2024
SUBJECT: Monthly Report on Yucaipa App Usage — July, 2024 RECOMMENDATION:

That the City Council receive and file a report of the user activity on the Yucaipa App for the month of July, 2024.

BACKGROUND/DISCUSSION:

The Yucaipa App is a smart phone application that allows users to report issues and access City information. The App allows users to submit pictures and geographical locations to help the City to respond effectively and provide status updates. The App has played a crucial role in addressing concerns related to homelessness and street maintenance.

As the City aims to increase the number of residents using the App, staff will continue to submit a monthly accountability report sharing important statistics.

Monthly Totals
Item
MAY
JUNE
DULY
Total Monthly Users
1195
1264
952
Total Issues Submitted
191
201
268
Most Commonly
Reported Issue
Street/City Issue
104
Street/City Issue
68 Street/City Issue
81 08/26/2024 City Council Agenda 30

Issues Totals by Type
FEB
MAR
APR
MAY
JUNE
JULY
Code Enforcement
6 1
4 8
31 74
Daily Park Task
------
------
------
1 ------
------
Daily Street Task
------
------
------
------
2 ------
GraffitiNandalism
27 23
26 15
20 15
Homeless Issue
27 12
27 31
35 51
Park Issue
7 25
17 17
21 26
Refer to PMP
4 6
5 5
9 8
Street/City Issue
102
111
136
104
68 81
Traffic Calming
8 7
8 9
11 10
Trail Issue
4 6
2 1
4 3
Grand Total
185
192
227
191
201
268
FISCAL IMPACT:

None.

Attachments:

1. Case Report
Approved by:
08/26/2024 City Council Agenda 31

ATTACHMENT 1
08/26/2024 City Council Agenda 32

ID Status
Public/Private
Source
Open Date
Resolved/Canceled Date Type
Sub -Type
2214645 resolved
Private
i0S
7/31/202422:47
7/31/2024 Homeless Issue
2214510 referred
Public
IDS
7/31/202419:34
Street/City Issue
Other
2214483 resolved
Private
i0S
7/31/202419:09
7/31/2024 Homeless Issue
2214344 resolved
Private
i0S
7/31/202416:52
7/31/2024 Homeless Issue
2214264 resolved
Public
Phone Voicemail
7/31/202415:59
8/5/2024 Park Issue
Sprinkler
2213970 assigned
Private
iOS
7/31/202414:07
Code Enforcement
2213815 resolved
Public
Android
7/31/202413:01
7/31/2024 Street/City Issue
Illegal Dumping
2213713 resolved
Public
i0S
7/31/202412:28
8/1/2024 Street/City Issue
Weeds/Overgrowth
2213647 resolved
Private

WEB RAI
7/31/202412:06
8/13/2024 Refer to PMP
2213305 referred
Public
i0s
7/31/202410:27
Refer to PM
2213300 resolved
Public
i0S
7/31/202410:25
8/2/2024 Park Issue
Equipment
2213161 resolved
Private
Android
7/31/20249:40
8/7/2024 Street/City Issue
Weeds/Overgrowth
2213146 resolved
Public
Android
7/31/20249:36
8/8/2024 Street/City Issue
Sidewalk
2213080 resolved
Private
iOS
7/31/20249:19
7/31/2024 Street/City Issue
Weeds/Overgrowth
2212882 resolved
Private
i0S
7/31/20248:23
7/31/2024 Street/City Issue
Weeds/Overgrowth
2212168 resolved
Private

WEB RAI
7/31/2024 0:22
7/31/2024 Homeless Issue
2212167 resolved
Private

WEB RAI
7/31/2024 0:22
7/31/2024 Code Enforcement
2211849 resolved
Public
Phone Answered
7/30/202416:34
7/31/2024 Park Issue
Other
2211707 resolved
Private
i0S
7/30/202415:14
7/31/2024 Homeless Issue
2211693 resolved
Private
Android
7/30/202415:09
8/4/2024 GraffitiNandalism
2211553 resolved
Private
i0S
7/30/202414:05
7/30/2024 Park Issue
Equipment
2211551 resolved
Private
i0S
7/30/202414:04
7/30/2024 Park Issue
Other
2211243 resolved
Public
i0s
7/30/202411:58
7/31/2024 Park Issue
Other
2210946 resolved
Public

WEB RAI
7/30/202410:26
7/31/2024 Park Issue
Other
2210778 resolved
Private
i0s
7/30/20249:40
7/30/2024 Street/City Issue
Pothole
2210557resolved
Private
IDS
7/30/20248:31
7/30/2024 Street/City Issue
Pothole
2210498 resolved
Private
i0S
7/30/20248:14
8/6/2024 Park Issue
Equipment
2209971 active
Private
i0S
7/29/202422:40
Code Enforcement
2209938 assigned
Private
i0S
7/29/202421:00
Code Enforcement
2209692 resolved
Private
IDS
7/29/202416:12
7/29/2024 Homeless Issue
2209516 referred
Public
Phone Voicemail
7/29/202415:03
Traffic Calming
2209240 resolved
Public
Android
7/29/202413:15
7/31/2024 GraffitiNandalism
2209198 resolved
Private
iOS
7/29/202412:58
7/29/2024 Street/City Issue
Illegal Dumping
2209181 resolved
Public
Phone Answered
7/29/202412:53
7/29/2024 Street/City Issue
Weeds/Overgrowth
2208729 assigned
Private
i0S
7/29/202410:36
Code Enforcement
2208717 assigned
Private
i0S
7/29/202410:32
Code Enforcement
2208372 referred
Public
i0S
7/29/20249:00
Code Enforcement
2207603 referred
Private

WEB RAI
7/29/2024 0:08
Code Enforcement
2207431 resolved
Public
Android
7/28/202417:48
7/29/2024 Street/City Issue
Weeds/Overgrowth
2207345 referred
Private
i0S
7/28/202416:04
Homeless Issue
2207285 resolved
Private

WEB RAI
7/28/202415:04
7/31/2024 Code Enforcement
2207058 referred
Private
i0S
7/28/202411:07
Code Enforcement
2206922 resolved
Public
i0S
7/28/20249:21
7/29/2024 Street/City Issue
Pothole
2206862 resolved
Public
i0S
7/28/20248:12
7/29/2024 Street/City Issue
Pothole
2206671 resolved
Public
Android
7/27/202421:00
7/30/2024 Traffic Calming
2206652 resolved
Public
i0S
7/27/202419:53
7/29/2024 Street/City Issue
Pothole
2206518 resolved
Public
iOS
7/27/202416:22
7/28/2024 GraffitiNandalism
2206424 referred
Private
i0S
7/27/202414:22
Code Enforcement
2205751 resolved
Public
i0s
7/26/202420:01
7/29/2024 Street/City Issue
Pothole
2205238 assigned
Public
iOS
7/26/202413:19
Code Enforcement
2205211 resolved
Private

WEB RAI
7/26/202413:04
7/31/2024 Code Enforcement
2205138 assigned
Private

WEB RAI
7/26/202412:35
Code Enforcement
2205087 resolved
Private
Android
7/26/202412:19
7/31/2024 Code Enforcement
2204989 assigned
Private
i0s
7/26/202411:43
Code Enforcement
2204860 referred
Private

WEB RAI
7/26/202410:53
Traffic Calming
2204765 assigned
Private

WEB RAI
7/26/202410:14
Code Enforcement
2204682 resolved
Public
Android
7/26/20249:43
7/26/2024 Graff itiNandalism
2203754 resolved
Public
i0S
7/25/202418:43
7/31/2024 GraffitiNandalism
08/26/2024 City
Council Agenda
33 2203570 resolved
Public
i0S
7/25/202416:03
7/29/2024 Street/City Issue
Pothole
2203321 new
Private
i0S
7/25/202414:20
Homeless Issue
2202906 resolved
Public
Phone Answered
7/25/202411:43
7/31/2024 Street/City Issue
Other
2202867 assigned
Private
Android
7/25/202411:29
Park Issue
Other
2202646 referred
Public
i0S
7/25/202410:24
Refer to PM
2202266 resolved
Private

WEB RAI
7/25/2024 8:30
7/25/2024 Code Enforcement
2202063 referred
Public
i0S
7/25/20247:16
GraffitiNandalism
2202059 resolved
Public
i0S
7/25/20247:15
7/31/2024 GraffitiNandalism
2201630 resolved
Private
i0S
7/24/202421:41
7/24/2024 Park Issue
Sprinkler
2201628 resolved
Private
i0S
7/24/202421:40
8/5/2024 Park Issue
Sprinkler
2201610 resolved
Private
i0S
7/24/202420:58
7/25/2024 Code Enforcement
2201603 resolved
Private
i0S
7/24/202420:46
7/24/2024 Homeless Issue
2201426 resolved
Private
i0S
7/24/202417:01
7/25/2024 Code Enforcement
2201236 resolved
Public
i0S
7/24/202414:56
7/24/2024 Street/City Issue
Other
2201189 resolved
Public
In -person
7/24/202414:38
7/29/2024 Street/City Issue
Pothole
2201122 referred
Public
Phone Answered
7/24/202414:03
Refer to PMP
2201021 resolved
Private
Android
7/24/202413:31
7/25/2024 Code Enforcement
2200993 referred
Private
i0S
7/24/202413:21
Homeless Issue
2200873 resolved
Public
Phone Voicemail
7/24/202412:33
7/29/2024 Street/City Issue
Pothole
2200427 assigned
Private
iOS
7/24/202410:15
Code Enforcement
2200390 new
Public
i0S
7/24/202410:02
Street/City Issue
Sidewalk
2199446 resolved
Public
i0S
7/23/202420:57
7/25/2024 GraffitiNandalism
2199375 resolved
Private
Android
7/23/202419:17
7/24/2024 Code Enforcement
2199356 resolved
Private
i0S
7/23/202418:39
7/23/2024 Homeless Issue
2199349 resolved
Private
i0S
7/23/202418:32
7/31/2024 Homeless Issue
2199142 new
Public
Android
7/23/202415:55
Street/City Issue
Pothole
2199018 referred
Public
i0S
7/23/202414:53
Street/City Issue
Other
2197618 resolved
Private
iOS
7/23/20247:44
7/23/2024 Homeless Issue
2197589 referred
Public
Android
7/23/20247:34
Street/City Issue
Other
2197161 assigned
Private
i0S
7/22/202420:43
Code Enforcement
2197112 resolved
Private
Android
7/22/202419:17
7/23/2024 Code Enforcement
2197098 resolved
Private
Android
7/22/202419:04
7/23/2024 Code Enforcement
2196957 assigned
Private

WEB RAI
7/22/202416:53
Code Enforcement
2196526 resolved
Private
i0S
7/22/202413:35
7/22/2024 Code Enforcement
2196460 resolved
Public
i0S
7/22/202413:16
7/22/2024 Traffic Calming
2196004 resolved
Private

WEB RAI
7/22/202411:17
7/23/2024 Code Enforcement
2195985 assigned
Private
Android
7/22/202411:11
Code Enforcement
2195957 assigned
Private
Android
7/22/202411:04
Code Enforcement
2195797 resolved
Public
i0S
7/22/202410:17
7/22/2024 Code Enforcement
2195315 resolved
Public
iOS
7/22/20247:54
7/22/2024 Street/CityIssue
Sidewalk
2195205 resolved
Private
i0S
7/22/20247:16
7/29/2024 Street/City Issue
Pothole
2194797 resolved
Private
iOS
7/21/202420:12
7/22/2024 Traffic Calming
2194566 resolved
Private
i0S
7/21/202415:20
7/21/2024 GraffitiNandalism
2194514 resolved
Private
i0S
7/21/202414:19
7/21/2024 Park Issue
Other
2194365 canceled
Private
i0S
7/21/202411:02
8/7/2024 Code Enforcement
2194073 canceled
Private
iOS
7/21/20240:58
8/7/2024 Code Enforcement
2193875 resolved
Private
iOS
7/20/202416:42
7/23/2024 Homeless Issue
2193806 canceled
Private

WEB RAI
7/20/202414:55
7/22/2024 Code Enforcement
2193750 resolved
Private
i0S
7/20/202413:55
7/20/2024 GraffitiNandalism
2193729 resolved
Private
i0S
7/20/202413:31
7/20/2024 GraffitiNandalism
2193660 canceled
Private
i0S
7/20/202412:00
7/23/2024 Code Enforcement
2193659 assigned
Private
i0S
7/20/202411:59
Code Enforcement
2193601 assigned
Private
Android
7/20/202411:12
Code Enforcement
2193559 resolved
Private
Android
7/20/202410:27
7/22/2024 Code Enforcement
2193391 resolved
Public
i0S
7/20/20248:18
7/20/2024 Street/City Issue
Sign
2193353 resolved
Public
Android
7/20/20247:36
7/31/2024 Traffic Calming
2193343 resolved
Public
i0S
7/20/20247:22
7/20/2024 GraffitiNandalism
2193180 resolved
Private
i0S
7/19/202420:43
7/22/2024 Homeless Issue
2193097 resolved
Private
i0S
7/19/202418:44
7/22/2024 Homeless Issue
08/26/2024 City Council Agenda 34

2192678 new
Public
i0S
7/19/202413:35
Street/City Issue
Sign
2192569 resolved
Public
i0S
7/19/202412:48
7/20/2024 Street/City Issue
Illegal Dumping
2192336 new
Public
Android
7/19/202411:16
Street/City Issue
Other
2192266 resolved
Private
i0S
7/19/202410:54
7/19/2024 Street/City Issue
Weeds/Overgrowth
2191671 new
Public
i0S
7/19/20247:00
Street/City Issue
Pothole
2191529 resolved
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08/26/2024 City
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08/26/2024 City Council Agenda 37

Agenda Item No. 6

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer Landon Kern, Assistant City Engineev�j2.., 1,
FOR: City Council Meeting of August 26, 2024
SUBJECT: Update on disposition of surplus material located at Wilson III Basin RECOMMENDATION:

That the City Council receive an update regarding the disposition of surplus material located at Wilson III Basin.

BACKGROUND/DISCUSSION:

The Wilson III Basin (overall project) is identified in the City's Master Plan of Drainage (MPD) adopted in 1993, and in the most recent update of the MPD approved in 2012. This regional flood control facility, along with several other improvements to Wilson Creek, has been identified as a critical component of the City's overall effort to reduce peak flow rates in Wilson Creek downstream of the overall project, resulting in a reduction of the FEMA designated flood zones within the City. This overall project is identified as a high priority flood control facility in the approved MPD to assist in reducing flood risk in the community. In addition to the stormwater capture, this project provides from both Wilson Creek and Oak Glen Creek watersheds, significant benefits to the community with its ability to capture mud and debris flows, more recently from the Apple and El Dorado fires. Furthermore, this overall project also represents significant economic benefits for the community, allowing private land development to occur in areas that are being removed from the FEMA designated flood zones along Wilson Creek corridor as a direct result of this overall project as well as other drainage improvement projects completed throughout the community.

The phased construction of the overall project began in late 2020. Phase lA included earthwork excavation, mass grading, transport of the basin material to fill areas within the site, temporary stockpiling of material and oversize rock and construction of channel protection and interim spillway features to provide capacity for the conveyance of storm flows for flood protection. Phase I was completed in September of 2021. Phase 1B improvements included installation of channel protection (riprap) along the realigned Wilson Creek Channel, driveway access improvements on Oak Glen Road for access to the Project site and the new City Yard, and storm drain improvements.

Phase 1 B was completed in January of 2023. The Phase 1 C work included construction of the Oak Glen Creek channel inlet concrete structure (trapezoidal channel), a reinforced concrete box culvert, and the Oak Glen Creek impact basin concrete structure. These structures are an important 08/26/2024 City Council Agenda 38

component since they will divert storm flows from Oak Glen Creek into Wilson Creek and a flood control basin at the confluence of both drainage channels. The Phase 1 C work also included construction of a segment of trapezoidal riprap channel along both Wilson Creek and Oak Glen Creek to complete the channel improvements upstream of the basin. The Phase 1 C work was completed on August 18, 2023.

In addition to the contract work described above, the Wilson III Basin project area has been significantly impacted with debris flows from the El Dorado burn areas since storm events starting in late 2021. The City has successfully been awarded CALOES/CDAA Grant Program (Grant Program) funding to complete emergency response work (Debris Removal) at various City facilities, including the Wilson III Basin area. Sediment and debris from the fires is currently being removed from Wilson III using grant program funding.

As a result of the work that has occurred to date, as well as the remaining phases of construction that remain to complete the Phase 1 improvements, it is estimated that approximately 500,000 CY of surplus material will need to be removed from the Wilson III Basin area in order to allow for the completion of the next phases of improvements. For this reason, this material has been identified as "surplus" to the needs of the City, and staff has evaluated several options to remove this material. The City's adopted purchasing policy is codified in the Yucaipa Municipal Code Chapter 2.24. The City's Purchasing Officer has the authority to sell any surplus supplies (in this case the surplus soil/material) pursuant to Yucaipa Municipal Code section 2.24.170. This procedure requires sale of surplus supplies after an authorization from the City Council if the value of the is $10,000 or more.

In accordance with the procedure described above, City staff placed the surplus materials up for public auction on June 26, 2024. The auction was advertised publicly, similar to a City construction project, with a due date of July 11, 2024. A mandatory pre -auction meeting was held at the Wilson III Basin area before the auction due date in order to provide important information about the surplus material.

Only two (2) bidders attended the pre -auction meeting, and at the close of the auction period on July 11, 2024, no bids were received. These auction results confirm the current value of the surplus material to be less than $10,000, and therefore the disposition of the material does NOT require City Council action.

Prior to this determination, several contractors have initiated discussions with city staff and/or its contractors working at the Wilson III Basin site to express an interest to remove surplus material at no cost to the City. These represent potential opportunities for the City to facilitate removal of the surplus material under an encroachment and haul permit process at no cost to the City. These opportunities are usually driven by market conditions and often associated with local/regional construction projects that require fill material within a certain timeframe. With the auction results confirming the current value of the surplus material to be less than $10,000, city staff will now be able to respond more quickly to these opportunities should they occur in the future. If removal of these surplus materials can occur prior to the next phase of construction improvements, the costs associated with exporting materials with that phase of construction will be reduced. Staff will continue to explore options to remove the surplus material and minimize the potential cost impacts to the Wilson III Basin project.
08/26/2024 City Council Agenda 39

FISCAL IMPACT:

No fiscal impact is anticipated at this time.

Approved by:
08/26/2024 City Council Agenda 40

Agenda Item No. %

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City EngineerN Scott Washburn, Deputy Director of Public Works tk f-ZI(z- 5 J Todd Gutjahr, Public Works Analyst
FOR: City Council Meeting of August 26, 2024
SUBJECT: Contract Amendment No. 5 to the Contract with Animal Pest Management, Inc. for the Gopher and Rodent Control Program
RECOMMENDATION:

That the City Council authorize the City Manager to execute Amendment No. 5 to the contract with Animal Pest Management, Inc. (APM) in the not -to -exceed amount of $451 for a revised FY24 contract total of $58,727 for City's Gopher and Rodent Control Program.

BACKGROUND/DISCUSSION:

On July 29, 2019, the City Council approved a contract with Animal Pest Management Services, Inc. (APM) in the amount of $48,888 for the Gopher and Rodent Control Program (Program). Program is designed and implemented to reduce and curb the infestation of gophers and rodents in City parks and other public facilities. The infestation of gophers and rodents can cause damage to irrigation lines, turf, plants/groundcover, and makes areas unsuitable for sports and other recreation activities.

The contract, approved in 2019, was for one (1) year and allowed four (4) annual extensions, with adjustments based on the annual change in the Consumer Price Index (CPI) for the Riverside -San Bernardino -Ontario, CA Area as defined by the original contract. Four (4) extensions and amendments have been approved by City Council since 2019.

On June 26, 2023, the City Council approved the fourth extension and amendment to the contract with APM with a revised contract amount of $58,727.

Over the past year, the City has seen an increase in gopher/rodent infestations in public parks and facilities. This increased infestation required additional visits by APM to address the infestation during FY24.
08/26/2024 City Council Agenda 41

Staff is recommending that the City Council approve the fifth amendment to the contract with APM for FY24 in the amount $451 for a revised total contract amount of $58,727.

FISCAL IMPACT:

The FY24 Budget includes the cost of this item. No further fiscal impact is anticipated.

Attachments:

1. Contract Amendment No. 5
Approved by:
08/26/2024 City Council Agenda 42

ATTACHMENT 1
08/26/2024 City Council Agenda 43

FIFTH AMENDMENT TO CONTRACT BETWEEN
ANIMAL PEST MANAGEMENT, INC. AND THE CITY OF YUCAIPA
This amendment ("Fifth Amendment") is an amendment to the Gopher and Rodent Control Program contract between the City of Yucaipa, a municipal corporation ("City"), and Animal Pest Management, Inc. ("Contractor") July 29, 2019, amended on November 9, 2020, June 28, 2021, June 27, 2022, and September 12, 2022 (the "Contract"). This Amendment to the Contract is effective as of July 1, 2023.

RECITALS:

A. On or about July 29, 2019, City and Contractor entered the Contract for a Gopher and Rodent Control Program — Project No. 11104 for a term of one year.

B. On or about November 9, 2020, City and Contractor entered the I" Extension and Amendment to the Contract for the Gopher and Rodent Control Program for a term of one year.

C. On or about June 28, 2021, City and Contractor entered the 2nd Extension and Amendment to the Contract for the Gopher and Rodent Control Program for a term of one year.

D. On or about June 27, 2022, City and Contractor entered the 3`d Extension and Amendment to the Contract for the Gopher and Rodent Control Program for a term of one year.

E. On or about June 26, 2023, City and Contractor entered the 4th Extension and Amendment to the Contract for the Gopher and Rodent Control Program for a term of one year.

F. City and Contractor now wish to amend the Contract to increase the Contract amount by $451.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:

1. Contract Amount Increase. The Fifth Amendment to the Contract shall include an increase of $451 for the Gopher and Rodent Control Program Contact total of $58,727.
08/26/2024 City Council Agenda 44

IN WITNESS WHEREOF, the parties hereby execute this Fifth Amendment as of the date first written above.

ATTEST:

Ana Sauseda, MMC Date
Director of General Services/City Clerk
FUNDS AVAILABLE:

Phillip White, Director of Finance
Fermin G. Preciado,
Director of Development Services/City Engineer
APPROVED AS TO FORM:

Steven Graham, City Attorney

CITY OF YUCAIPA,
a municipal corporation
Chris Mann, City Manager

CONTRACTOR
Animal Pest Management, Inc.

Date
Date
2 08/26/2024 City Council Agenda
IKI

Agenda Item No. 8

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer t- Landon Kern, Assistant City Engineer Ll��
Crystal Campbell, Associate Engineer GG
FOR: City Council Meeting of August 26, 2024
SUBJECT: Award of Contract Work — Fiscal Year 2024/2025 Concrete Program— Project No. 11214
RECOMMENDATION:

That the City Council:
1) Award and authorize the City Manager to execute a contract, and the City Manager or his designee to administer the terms of the contract to the lowest responsible bidder, Three Peaks Corp. of Calimesa, CA in the amount $165,600 for the FY 2024/2025 Concrete Program, Project No. 11214 (Project); and
2) Approve the amount of $23,000 for construction contract contingency and the amount of $13,000 for construction contract administration, staff time, and inspection costs for a total construction budget in the amount of $201,600; and 3) Authorize the City Manager or his designee to administer the distribution of the contract contingency; and
4) Approve the plans and specifications prepared for the Project.

BACKGROUND/DISCUSSION:

On May 13, 2024, City Council approved the FY2024/2025 Pavement Management Program (PMP). Included as a part of the PMP is the Concrete Program (Program).

The Program is intended to meet the City's goal to improve pedestrian and ADA access throughout the City as part of the ADA Transition Plan adopted by the City Council on February 22, 2016. The proposed Program includes wall construction along the city yard access road, the replacement of cracked, broken or deteriorated concrete sidewalk, driveway approaches, curb & gutter, cross -gutter, and replacement of curb ramps at various locations throughout the City.

The sections of sidewalk being replaced have been reported by residents and the general public.

The reported sidewalk related concerns have been processed through the Public Works Department's GIS based maintenance reporting system and have been verified by staff prior to adding the repairs to the Program.
08/26/2024 City Council Agenda 46

Also included in the Project are bus pad enhancements paid for by TDA Article 3 grant funds, awarded to the City by SBCTA in 2021 and accepted by City Council on February 28, 2022.

The SBCTA award will contribute $13,200 in funding to the Project.

Staff publicly advertised the Project for construction bids and on August 17, 2023, two (2) bids were received from contractors as follows:

Contractor
Bid Amount
Three Peaks Corp.
$165,600
Total Quality Construction Corp.
$181,652
Three Peaks Corp. (Three Peaks) of Calimesa, CA, is the apparent lowest responsible bidder. The Engineer's Estimate for the Program is $175,000. Staff has reviewed the bid documents and determined that the documents meet the requirements of the contract specifications. Three Peaks has completed several similar projects for the City in the past and their work has been deemed satisfactory.

FISCAL IMPACT:

The Project amount of $201,600 is included in the adopted FY25 Capital Improvement Program. No other fiscal impact is anticipated.

Attachments:

1. Bid Summary

2. Construction Agreement — Three Peaks
Approved by:
08/26/2024 City Council Agenda 47

ATTACHMENT 1
08/26/2024 City Council Agenda 48

Bid Summary-24/25 Concrete Program
Aug-24
Total Quality Construction
Three Peaks Corp
Corp -Cherry Valley, CA
Calimesa, CA
Item
Qty
Unit
Unit Price
Extension
Unit Price
Extension
Item Description
No.

CONSTRUCT BLOCK SLOUGH WALL
340
LF
1 $175.00
$59,500.00
$143.00
$48,620.00
2 REMOVE AND REPLACE EXISTING 4" CONCRETE SIDEWALK
2421
SF

COMPLETE AND IN PLACE PER CITY OF YUCAIPA STANDARD
$22.00
$53,262.00
$19.00
$45,999.00

REMOVE AND REPLACE EXISTING CONCRETE CURB AND GUTTER
3 COMPLETE AND IN PLACE PER CITY OF YUCAIPA STANDARD
50 LF
DRAWING 120-1
$75.00
$3,750.00
$105.00
$5,250.00

REMOVE AND RECONSTRUCT CONCRETE CROSS GUTTER AND/OR
SPANDREL, COMPLETE AND IN PLACE, PER CITY STANDARD 122-1 4 AND APWA STANDARD 122-3
904
SF
$30.00
$27,120.00
$33.00
$29,832.00

REMOVE AND RECONSTRUCT CONCRETE RESIDENTIAL DRIVEWAY
5 APPROACH PER CITY STANDARD 109-2
259
SF
$22.00
$5,698.00
$19.00
$4,921.00
REPAIR EXISTING SLOUGH WALL PER APWA STD 622-4
6 40
LF
$200.00
$8,000.00
$287.00
$11,480.00
CONSTRUCT 4" CONCRETE SIDEWALK, COMPLETE IN PLACE PER CITY 7 STANDARD 115-2
724
SF
$18.00
$13,032.00
$16.00
$11,584.00
CONSTRUCT 8" PCC CONCRETE CURB TYPE A1-8 (NO GUTTER) PER g
APWA STANDARD 120-3
34 LF
$35.00
$1,190.00
$85.00
$2,890.00
08/26/2024 City Council Agenda 49

Bid Summary-24/25 Concrete Program
Aug-24
Total Quality Construction
Three Peaks Corp
Corp -Cherry Valley, CA
Calimesa, CA
Item
Qty
Unit
Unit Price
Extension
Unit Price
Extension
Item Description
No.

REMOVE EXISTING TREE
9 1
EA
$2,000.00
$2,000.00
$524.00
$524.00

REMOVE, REPLACE AND REPAIR EXISTING LANDSCAPE AND
10 IRRIGATION DISTURBED BY NEW CONCRETE CONSRUCTION AT BUS 450
SF
STOP LOCATIONS #1.2 D 6
$18.00
$8,100.00
$10.00
$4,500.00
Total
$181,652.00
Total
$165,600.00
08/26/2024 City Council Agenda 50

ATTACHMENT 2
08/26/2024 City Council Agenda 51

AGREEMENT
THIS AGREEMENT is made and entered into this 26th day of August 2024, by and between the City of Yucaipa, a municipal corporation, hereinafter referred to as "City", and Three Peaks Corporation located at
Contractor / Company Name
1025 Calimesa Blvd. #6
Street Address
Calimesa CA 92320 (909) 795-1690 hereinafter referred to as "Contractor".

City State Zip Code Phone
PROJECT: 2024/2025 Concrete Program, Project No. 11214
WITNESSETH, in this consideration of their covenants, the parties hereto agree as follows:

The contract documents for the Project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications and appendices; together with this Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner (collectively, the "Contract Documents"). The Contract Documents are made a part hereof as though fully set forth herein.

In consideration of such work, City agrees to pay Contractor and Contractor agrees to accept the sum of One Hundred Sixty -Five Thousand, Six Hundred Dollars and zero cents ($165,600.00) in the manner provided in the Contract Documents and subject to adjustment provided therein.

Concurrently with the execution of this Agreement, Contractor shall file with the City the bonds and certificates of insurance specified in the Contract Documents and subject to adjustment provided therein.

This Contract shall not be assigned without the written permission of the City Council.

IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written.

ATTEST:

Ana Sauseda, Director of General
Services/City Clerk

FUNDS AVAILABLE/INSURANCE
APPROVED:

Phillip White, Director of Finance
Fermin G. Preciado, Director of
Development Services/City Engineer
APPROVED AS TO FORM:

Steven Graham, City Attorney

CITY OF YUCAIPA
A Municipal Corporation
Chris Mann, City Manager Date
CONTRACTOR:

Three Peaks Corporation Date
08/26/2024 City Council Agenda 52

Agenda Item No. 9

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Jennifer Crawford, Assistant City Manager
Kimberly Metzler, Deputy City Clerk/Deputy Rent Administrator/Records Technici
FOR: City Council Meeting of August 26, 2024
SUBJECT: Review and Consider Fiscal Year 2024-25 Community Activity Grant Applications RECOMMENDATION:

That the City Council review and consider the Fiscal Year 2024-25 Community Activity Grant (CAG) Applications submitted by Down Right Blessed Foundation and Inland Leaders Charter School and award in-kind/fee waiver support as recommended by the CAG Application Review Ad -Hoc Committee:

FY 2024-25 In-
CAG Ad -Hoc
Kind
Committee
Applicant
Description of Event/Program
Support/Fee
Recommended
Waiver
Award
Re uested
Waive Community Park rental fees to
host the I` Annual Buddy Walk in
October to bring awareness & support to
Down Right Blessed
individuals/families with Down
Foundation
Syndrome.
$1,000
$747.50
Waive Community Center Gym rental
fees for ILCS to host home girls'
Inland Leaders Charter
volleyball games from August 29`' to
School
October 15'.
$1,782
S747.50
Total
$2,782
S 1,495
CAG In-Kind/Fee Waiver Fund Balance
$1,495
$1,495
Remaining Balance
$1,287
$ 0
BACKGROUND/DISCUSSION:

On June 10, 2024, City Council awarded Fiscal Year 2024-25 CAG in-kind/fee waiver awards to organizations providing services/programs/events to the community. Of the $40,000 budgeted for in-kind/fee waiver grant requests, $1,495 remains available.

City staff recently received two in-kind/fee waiver applications from Down Right Blessed Foundation and Inland Leaders Charter School. These applications were presented to the CAG 08/26/2024 City Council Agenda 53

Application Review Ad -Hoc Committee (Committee) on July 23, 2024, whereby the Committee was asked to consider the following options for recommendation to the Council:

1. Split the funds available equally and grant $747.50 to each organization. Both organizations would need to cover the difference. (Recommended by the Committee)

2. Allocate $1,495 as you deem appropriate.

3. Select one of the organizations to receive the grant funds available.

4. Fund neither organization.

Based on the options presented above, the Committee recommends splitting the remaining CAG In-Kind/Fee Waiver Fund balance of $1,495 between the two applicants. Each applicant would need to fund the difference that the CAG Program does not cover.

FISCAL IMPACT:

In -kind awards allow the applicant(s) the use of city facilities and/or staff time at no cost.

Attachments:

1. Down Right Blessed Foundation Application

2. Inland Leaders Charter School Application
Approved by:
08/26/2024 City Council Agenda 54

ATTACHMENT 1
08/26/2024 City Council Agenda 55

Fiscal Year:

Date Application Sul
Submit to:

City of Yucaipa
General Services/Cit
34272 Yucaipa Bled
Yucaipa, CA 923, 9

COMMUNITY ACTIVITY GRANT
2024-2025
itted: 6/29/24
Clerk Department

FINANCIAL / IN -KIND / FEE WAIVER

APPLICATION
Received
City of Yucaipa
JUL1100 ?_0?_4
Attn: Kimberly Metzler General Services/
City Clerk's Department
All sections of the application must be returned complete, and all supporting documentation must be included as part of the I submittal. Incomplete applications received will be returned to the applicant.

Note: Beginning with the FY2025/26 grant cycle, financial grant awarded funds will require 100% financial match by the applicant. For example, if your total program/project cost is $1,000, your financial grant request should be for no more than $500.

Be prepared to show proof of program/project cost in your wrap-up Report (Accountability Report), detailing the applicants financial match of $500.

Name of Applicant/Organization:

Down Right Blessed Foundation
11130 Chappell Applicant/Organization Mailing Address: ppll Way Applicant/Organi�ation Phone Number: 714-28)0-3757
Contact (1) Debbie Messick 714-280-3757
Name Phone Number
i
j [email protected]
E-mail address
Contact (2) Kathleen DePillars �09-964-0969
Name Phone Number
i
[email protected]
j E-mail address
Yes No
Is your organizatidn located in another community? ❑
Will the program/event take place in another community? ❑ ❑
Are you aware of any other City program providing this service? ❑ ❑ If so, which one?
*If you answered "Yes" to any of the questions listed above, your request is not eligible for the Community Activity Grant. city08/2�2(�4 C� y�mi� it vity Gets Application, Rev. 04/2024 Page I 56 Your organization must be an established 501(c) to be considered for Community Activity Grant funding.

Please submit documentation verifying organization 501(c) status along with this application.

Yes
(13
Is your organizatidn a 501(c)?
No
If yes, please provide Tax ID# 93-2122 649 and attach all supporting documents.

Does this application include submittal of documentation verifying 501(c) status? FV71 ❑
How long has your 501(c) organization been in existence? 6 Months Number of Employees working for organization: 1
Number of Volunyjeers working for organization: 12
Is a current City Council Member on your board? ❑
7 How many Yucaia residents does your organization currently serve? 100+ Does the organization charge admission, membership fees, dues, etc.? If yes, please des4ibe:

Names and Titles pf Officers and Board of Directors: (Please attach an organization chart, if available) Kathleen DeP,illars President
Julie Smith Treasurer
Debbie Messick Secretary
Patrick DePiliars Director
Felicia Romero Director
Date(s) of program/event:

Down Right Blessed Foundation Buddv Walk
10/19/24 or 10/20/24
Describe the progzam/event that organization is seeking support for:
(Attach any event/progratn promotional materials associated with program/event) Our foundation is looking to have our First Annual Down Right Blessed Buddy Walk on October 19th or 20th, 2024 to bring awareness and support to individuals with Down Syndrome and their families in the community. Tlie Buddy Walk started in 1995 by The National Down Syndrome Society to generate awareness and understanding nationally about Down Syndrome_ We would like to have this event in Yucaipa and use one of the parks in the city to host the event. At the event itself we would have food vendors, a DJ and selling/information booths. We have attached pictures for reference as to what other buddy walks do. We would use the grant money to help fund the cost of the city park rental and anvthinn alca n,aariari fnr tha avant
City88/ 24 CrtPage 2
you %�Application, .
ciAgea57

Describe how the
The Down Rig
residents of Yt
Program/Event P
❑ I
a F
Number of Resid
program/event benefits the residents and/or community of Yucaipa:
it Blessed Foundation Buddy Walk will bring awareness and support to and from the caipa who have family and/or friends with Down Syndrome. mary Target Population (check all that apply):
iildren or Youth ❑ Seniors
1w Income ❑ Victims
rsons with Disabilities ❑ Welfare Recipients
its Projected to Serve: 150+
Please identify what your organization is seeking:

Financial Supp I rt: ❑Yes W]No $
$200 SEP Fee
Waiver: Yes Do
In -kind
Total Amount of R
Provide a detailed
All grant mone
there was any
Public
Police $ Fire $ Works $
OT/Reassigned
Staff $ Other $ Explain Paris Rental
❑ Women
❑ Homeless
❑ Entire Community
CS/Rental $ 15gozio Ak"Clu
$200 SEP Financial Total Overall
In -Kind Financial Support Fee Waiver Match Request
luest: $ 15 .00 $ $ $
� OD iooc>
cription of how the financial support will be used:
rovided to our foundation would be used to rent the city park for the event. If over we would use that to help if electricity and/or bathrooms are needed. city (ityou>�icilcget�rants Application, Rev. 04/2024 58

What other in-kind/financial
(separate from City
N/A
i
i
FIRM '11111111 1
contributions has yc
funding)?
Total Funds Received
Total Funds Requested
Remaining Balance
Organization:

To Date:

Via Grant Application:

That Will Be Funded By
ur organization received to fund this event/program
In -Kind
Amount
Provide City funding received by organization in the past three years (required):

Program
i In -Kind
Financial
$200 SEP
Support
Fee Waiver
N/A
❑
❑
❑
❑
❑
❑
❑
❑
❑
Financial
Support Amount
Date Total Received
Received
$
$
I, the undersigned; do hereby attest that the above information is true and correct to the best of my knowledge, and understand thawarded fi at'the nancial grant amount needs to be spent prior to submitting another grant request.

Board of Directors Secretary 6/29/24
Uate Keceivecl:

Amount Funded:
i
Type of Grant:

Date City Council;
I J l
$
In -Kind
received follow up report:

Date Reviewed: t !
City Council Meeting: Le
❑ Financial Support [3-Fee Waiver
City0ffgft (;uy ouricI Aiget iarants Application, Rev. 04/2024 Page 4 95 WELCOME TO THE CITY OF YUCAIPA CITY OF
Thank you for your interest in hosting a Special Event in the City of Yucaipa. The Community Services Department Q created this application to help you host a successful and exciting event here in Yucaipa. Please review and complete f the following application in accordance with the provided information. A special event in the City of Yucaipa is
defined as a "Carnival", "Community Celebration", or
"Outdoor Festival" which includes the use of amplified
sound and/or estimated attendance equal to or exceeding 300 people on City or private property. Except as otherwise provided by state law, no person or entity shall operate, maintain, conduct, advertise, or provide admission for any temporary special event within the City of Yucaipa without possessing a permit for each such temporary special event (Ord. No. 384).

PROCEDURES
A complete permit application may be filed as early as one (1) year before the event, but it must be received no later than three (3) months before the actual event date. Any organized activity involving the use of, or having impact upon, public property, facilities, public parks, sidewalks or street areas requires a permit. Applicants requesting a waiver of fees or services must submit their application a minimum ofsix(6)monthsin advance.

The permit application process begins when you submit a complete Special Event Permit application. Keep in mind that acceptance of your application should in no way be construed as final approval or confirmation of your request. Upon receipt of your application, the Special Events Supervisor will help guide you through the permit process. Copies of the application are forwarded and reviewed by all affected departments and/or agencies. During the review process, you will be notified if your event requires any additional information, permits, licenses or certificates. During our initial application screening process, you will be allowed time to provide us with all pending documents. We must receive these items before issuing a Special Event Permit (i.e., certificates of insurance, secondary permits, etc.). Delays in providing these items often delay our ability to finish our review and approve your application in a timely manner. Special Event Permits can be approved administratively by City management under specific limited criteria. Events that exceed those criteria will require the approval of City Council:

City Management/Administrative Approval
• Estimated attendance 300-999 persons
• Amplified Sound (excluding Special Event Facilities)
City Council Approval
• Estimated attendance 1000+ persons
• Alcohol Service (excluding Community Centers and YPAC) • Street Closure - traffic management
• Fee Waiver/Co-Sponsorship/In-Kind (Community Activity Grant Application required)
?:[,P a,g e _
08/26/2024 City Council Agenda
60 APPLICATION
Organization and Applicant Information
93-2122649
n Commercial (For-profitl ❑■ Noncommercial (Non-profitl Tax I.D. #:

Organization
Name
Down Right Blessed Foundation
Applicant Name I Debbie Messick
Address Beaumont, CA 92223
Email
[email protected]
Phone Number
714-280-3757
On -Site Contact
Debbie Messick
Phone Number
714-280-3757
Event Information
Type of Event: ❑ Athletic/Recreation ❑ Festival/Celebration ❑ Outdoor Market ❑ Circus/Carnival ❑ Concert/Performance
❑ Parade/Procession/March © Other (specify): Budd/ Wall( Event Title Down Right Brewed Foundation Buddy Walk
Event Location Yucaipa Community Park - Amphitheater Area Event First Annual Down Right Brewed Buddy Walk to bring awareness Description and support for the Down Syndrome Community.

Please complete a daily breakdown of event -related activities. Use multiple lines to distinguish between different daily activities. Please attach additional sheets if necessary.

Date(s)
Daily Activity
Start Time
End Time
10/20/24
❑ Set-up ❑ Event Day ❑ Clean-up
7:30am
9:00am
10/20/24
❑ Set-up ❑ Event Day ❑ Clean-up
9:00am
3:00-4:00pm
10/20/24
❑ Set-up ❑ Event Day 0 Clean-up
4:00pm
5:00pm
❑ Set-up ❑ Event Day ❑ Clean-up
❑ Set-up ❑ Event Day ❑ Clean-up
❑ Set-up ❑ Event Day ❑ Clean-up
Has this event taken place before? ❑ Yes 0 No
nPP o% t50 Total anticipated attendance: Participants:

How many years? nla
150 Spectators:
2,1Vage
08/26/2024 City Council Agenda 61

Site Plan
Attach a diagram showing the overall layout and setup locations using the letters below.

Indicate the site for these on your diagram.

A. Alcoholic and nonalcoholic concession and/or beer garden areas B. First -aid facilities and ambulance locations
C. Tables and chairs
D. Fencing, barriers and/or barricades
E. Generator locations and/or source of electricity
F. Canopies or tent locations
G. Booths, exhibits, displays or
enclosures
H. Scaffolding, bleachers,
platforms, stages,
grandstands and related
structures

1. Vehicles and/or trailers
I. Other related event
components not covered
above (describe
separately)
K. Trash containers and
dumpsters
L. Non-food vendor locations
M.Food concession and/or
food preparation areas
N. Potable toilet location(s)
Sample Site Plan:

When planning a moving route, the Yucaipa Police Department is available to assist you in planning your route. Consider the following in your planning:
• Impedance of emergency fire, police or paramedic vehicles. • Conflict with public transportation, such as buses.
• Interference with people trying to reach their own residences, businesses, places of worship and public facilities.

If your event involves street closures, you may be required to obtain traffic safety equipment, and a certified traffic control plan. Depending on the type of event, barricades, traffic cones, signs, etc., may be required. Depending on the type of event and after evaluating roadway conditions, you may be required to properly place this equipment prior to commencing the event. If the closure creates a potential hazard, your organization will be required to contract traffic service from the Yucaipa Police Department and/or Street Division. a b ,e
08/26/2024 CityCouncil Agenda

List street(s) requiring closure as a result of this event. Include street name(s), day, date, and time of closing and time of reopening:

N/A
Indicate how this closing/reopening of streets will be handled:
❑ City of Yucaipa to handle (cost to be specified) ❑ Event to handle CalTrans standards List street(s) requiring the posting of "No Parking" signs. Indicate days, dates, and times needed and an explanation of necessity of "No Parking" zone:

NIA
Note: No Parking"signs will be posted forty-eight (48) hours in advance of required days, antes ana tunes. costfortne posting of No Parking"signs will be specified upon reviewof the a pplication by Citystaff.

Food and Beverage
Please describe how food will be served at the event:

Food Trucks/Food Vendor Booths
,fill food be cooked in the event area? ❑■ Yes ❑ No
Method: ❑ Gas ❑ Electric ❑ Charcoal 0 Other (specify):

Does the event involve the sale or use of alcoholic beverages? ElYes X No If alcohol is to be sold, how will the alcohol sales be regulated? N/A
Who will be handling the alcohol sales?
N/A
Restrooms
Portable restrooms are required when estimated attendance exceeds what the host facility's restrooms can accommodate. One portable restroom is required for every 50 patrons attending over the minimal site accommodations.

Will Event Organizer provide portable restroom facilities? ❑ Yes 0 No 4 1 P a g e
08/26/2024 City Council Agenda

Company N/A
Name
Contact Name
Phone Number
Lighting
If this is an evening event, please state how the event and surrounding areas will be illuminated to ensure the safety of the participants and spectators. (If required, show a separate site map which details streetlights, portable lights, and other illuminating devices,] N/A
Waste Removal
Event Organizer is responsible for arranging for the removal of all waste related to the event.

This includes but is not limited to emptying of trash bins and the removal of waste from the event site and other affected areas. If hiring a professional sanitation company, please nrniririn t'hp fnIII)IMina infnrmatinn
Company
Name
�WE WILL REMOVE OUR OWN TRASH
Contact Name
Phone Number
If not hiring a professional sanitation company, please provide the following information for :he person(s) responsible for waste removal.

Contact Name PATRICK DePILLARS/KATHLEEN DePILLARS
Phone Number 909-964-0969
Cal Fire/Medical
In case of an emergency, the on -site contact will call 9-1-1. If event requires an ambulance -ompany to be on -site, please provide the following information:

Company N/A
Name
Contact Name
Phone Number
� tom. r�. um
W J '
08/26/2024 City Council Agenda 64

Please describe your medical plan including your communications plan, the number, certification levels (MD, RN, Paramedic, EMT) and types of resources that will be at your event and the manner in which they will be managed and deployed. Your plan should include hours of setup and dismantle of medical aid areas. You may attach the plan to this application if necessary:

M1
Police Services/Security
In the event that a carnival/street fair and/or alcohol service will be included in the event, an alcohol garden and security plan will need to be submitted as well as a security contract and/or public safety staffing plan for review by the Police Department.

I- _ _C,... ..1 ,. ..: f.. ,. t; .... 1';—] Fnr H'ic .van Y7 F-1 vPC F-] Nn Company
Name
N/A
Contact Name
Phone Number
Please describe your security plan including crowd control, internal security or venue safety, or attach the plan to this application:

Entertainment
Will sound amplification be used? ❑0 Yes ❑ No Start time; 10AM End time: 3PM r. 9 F 1 V— n i�1n
til C L11C1 C dl ly III UJ IU.1 C11 Lcl L.l III ucutoa qua •.o • . �• •.+ u - Name of Act DJ - TBD
Contact Name
Phone
Number
How many stages? -_-- Number of bands? ----- Genre of music: EASY LISTENING Will fireworks. rockets, or other pyrotechnics be used? ❑ Yes 0 No Company N/A
Name
vJ

Contact Name N/A
Phone Number
Describe (indicate dates, times and locations for launching and fallout areas):

N/A
Hasa permit been issued: U Yes H No
(Note: Additional permits may be required as indicated by staff. These include, but are not limited to, Conditional Use 24 Permit, Land Use Permit and Fire Department permits.) Insurance
Before a Special Event Permit is issued, a certificate of insurance must be submitted.

Insurance certificate must be issued by insurance underwriters "admitted" by the California Insurance Commission and rated'A' or better by AM Best. Requirements are:
• Minimum $1,000,000 General Liability Limit
• Minimum $1,000,000 General Automobile Liability
• Minimum $1,000,000 Worker's Compensation
On an additional insured endorsement, the City, its elected officials, officers, and agents are to be named as additional insured
Minimum limits of coverage may change depending on event ❑ Insurance certificate attached ❑■ Insurance certificate on file ❑ Insurance certificate not available
Filing Fees
Special Event Permit Application Fee: $200.00
* Other Fees may apply (e.g. street closures, Fire Permit/Inspections, utilities, facility rental, etc.)
7 1 P a g e
08/26/2024 City Council Agenda 66

Application Checklist
0 Completed Application
0 Certificate of liability insurance arkin etc.)
0 Site Plan (location of structures, lighting, restrooms, p g, ❑ Copy of Security Contract (if applicable)
❑ Copy of Potable Restroom purchase order (if applicable) YFacility or Shelter Reservation Application (if applicable) ❑ Copy of ABC License (if applicable)
❑ Copy of County Health Permit (if applicable)
By signing below, I agree to indemnify, hold harmless, and defend the City and its officials, employees, and agents, against all claims, liabilities, and losses arising from activities connected with or undertaken pursuant to the Permit. The City is not liable for any business loss, property loss, or other damage that may result from the use of the Pertnit, or suspension or revocation of the Permit.

DEBBIE MESSICK 7I15/24
Name: Signature: Date:
8 1 P a g e
08/26/2024 City Council Agenda 67

Permit
City of Yucaipa Community PHONE:(909) 790-7460
Services FAX:(909) 790-2589
34272 Yucaipa Blvd EMAIL:communityservices9yucaipa.org
Yucaipa, CA 92399
Organization Name Down Right Blessed Foundation - 458
Customer Type Non -Profit (NR)
Organization Address
Beaumont, CA 92223
Agent Name Debbie Messick
System User Julia Basa
Down Right Blessed Foundation

COMMUNI I Y
SERVICES M�f e
eetfer!
Permit # R6660
Status Tentative
Date Jul 16, 2024 5:56 PM
Explration Date Jul 16, 2025
Home Phone Number (714) 280-3757
Email Address deb bievdownrightbless ed.org
Rental Fee
$200.00
Discounts
$0.00
Subtotal
$200.00
Deposits
$0.00
Deposit Discounts
$0.00
Total Permit Fee $200.00
Total Payment $0.00
Refunds $0.00
Balance $Z00.00
1 resource(s) 1 booking(s) Subtotal: $200.00
Booking Summary
DepartmentSpecial Event Permits (Special Event ApplIcation) Center Community Services

START DATE/TIME END DATEITIME ATTENDEE AMT W/O TAX
Sun, Oct 20, 2024 9:00 AM Sun. Oct 20, 2024 5:00 PM 150 $200.00 Spec,al Event Fee (NR-V) _y?GO 00 ; Eech < 1 1S200 00
Payment Schedules Original Balance: $200.00 Current Balance: $200.00

DUE DATE AMOUNT DUE AMOUNT PAID WITHDRAWAL ADJUSTMENT BALANCE Oct 6, 2024 $200.00 $0.00 $0.00 $200.00
08/26/2024 City Council Agenda 68

7/16/24, 5:53 PM
Permit
City of Yucaipa Community
Services
34272 Yucaipa Blvd
Yucaipa, CA 92399
PHONE:(909) 790-7460
FAX:(909) 790-2589
EMAIL:co mm u nityservices�ayucai p a. org
Organization Name Down Right Blessed Foundation - 458
Customer Type Non -Profit (NR)
Organization Address
Beaumont, CA 92223
Agent Name Debbie Messick
System User Julia Basa
PermitContract
t� COMMUNITY M2kk
SERVICES Life
Permit # R6659
Status Tentative
Date Jul 16, 2024 5:53 PM
Expiration Date Jul16, 2025
Home Phone Number (714) 280-3757
Email Address debbie;g�downrightblessed.org
Rental Fee
$800.00
Discounts
$0.00
Subtotal
$800.00
Deposits
$100.00
Deposit Discounts
$0.00
Total Permit Fee
$900.00
Total Payment
$0.00
Refunds
$0.00
Balance
$900.00
Down Right Blessed Buddy Walk
2 resource(s) 2 booking(s)
Subtotal: $900.00
Booking Summary
Center:

YucaipaAmphitheater
Community Center
(Shelter Facilities)

START DATE/TIME I

END DATE/TIME

I ATTENDEE

I AMT WIO TAX
Sun, Oct 20, 2024 7:00 AM
Sun, Oct 20, 2024 8:00 PM
150
$0.00
Resource level fees
$600.00
Deposit $100.00 / Each x 1
$100.00
Rental - Daily $500.00 / Day x 1
$500.00
..

Community Center
LargeShelter #2 (Shelter Facilities)

START DATE/TIME

END DATE/TIME

ATTENDEE

I AMT W/O TAX
Sun, Oct 20, 2024 7:00 AM
Sun, Oct 20, 2024 8:00 PM
1 $0.00
Resource level fees
$300.00
Rental - Daily $300.00 / Day x 1
$300.00
httpo& ®24tGityaNWCdipo(gib&nethod=showPermitContractSpermit_id=F7BBOE8EOF37AA 69 113

7/16124, 5:53 PM
Custom Questions
PermitContract

I QUESTION I ANSWER
A. Any Cancellation of a rental less than 30 days will result in loss of 100% of the Acknowledge rental fees and deposit (if applicable). B. Any cancellations prior to 30 days will result in a loss of 50% of the rental fees and deposit (if applicable). All refund requests are subject to a $15.00 processing fee. C. Refunds will be approved if rain or inclement weather occurs on the day of shelter reservation. Refund request form must be submitted within 7 days after reservation to be honored.

I acknowledge and agree that bounce houses are only permitted at designated Acknowledge shelters. Community Park: Shelters 2, 3, 4, & 7 Ave I Park: Shelters 1, 2, 3, 4 7th Street Park: Shelters 1, 2, 3 Wildwood Park: Shelter 1
I acknowledge and agree the following Bounce House rules: 1)Bounce houses are to Acknowledge be set up only by the bounce house company. 2)Bounce house companies will be responsible for providing a generator for the inflation of the bounce house. The City does not provide electricity. The generator must be quiet rated at 60dB or less and not generate noise in excess of City standards. 3)Bounce houses are not allowed in City parks overnight.

I acknowledge and agree to the following policies regarding bounce houses: 1) Acknowledge Bounce houses must be free standing and weighted. Stakes are prohibited in City parks. 2) Permit Holder/Requestor is responsible for all damage caused by their use of the park or bounce house. Damage to City property or turf may result in additional fees incurred. 3) The City is not responsible for any damage to the bounce house.

I acknowledge and agree to the following rules and policies regarding Bounce Acknowledge Houses: i) Bounce Houses/Jumpers must be booked through authorized companies only. Failure to do so will result In Company and/or event to be shut down. 2) The City reserves the right to limit the number and size of bounce houses being used.

Only small bounce houses are permitted (18'x18'x18' max). Larger sized bounce houses are permitted only with a Special Event Permit and with Director approval.

I acknowledge and agree to:1)Permit Holder/Requestor(s) and event attendees must Acknowledge adhere to the rules and regulations governed by the City. 2) Failure by the Permit Holder/Requestor or vendor to adhere to these policies will result in the immediate removal of bounce house from the park and may result in the denial of future use of City parks and facilities. Damages to the park resulting from use of a bounce house are the financial responsibility of the Permit Holder/Requestor.

I acknowledge and understand that all park shelter reservations include an Acknowledged insurance fee. Applicant shall purchase or provide and maintain general liability Insurance and the coverage shall be in the amount of $1 million for bodily injury, personal injury, and property damage. General liability and liquor liability shall be endorsed naming the City of Yucaipa, its officers, agents, employees, and volunteers as additional insured.

I agree and acknowledge that the information provided to this application is correct Acknowledge and City organized activities shall have priority use over all requests. Sufficient prior notification of canceled requests will be given by the Ctty when possible.

I agree and acknowledge to follow the following park shelter rules: 1) No food trucks Acknowledge permitted in parks or parking lot. 1) No amplified sound permitted. 2) Smoking is prohibited in all City parks and facilities (reference City Park Ordinance No. 256). 3)Alcoholic beverages prohibited. 4)No wood burning campfires or propane grills permitted, Charcoal only. 5)NO VEHICLES ARE ALLOWED IN CITY PARKS, ON TURF, OR ON WALKWAYS.

What is your type of event?
Other (May require approval)
M,611 there be a bounce house? if yes, I acknowledge and agree that bounce houses No are required to be reserved through the City of Yucaipa's authorized bounce house httpwr c j(ii 1pl�yAaamethod=showPermitContract&permit_id=F7BBOE8EOF37AA 2i3 70 7/16124, 5:53 PM PermitContract
m copanies only. Not outside companies or personal bouncers permitted. Approved Vendors: Jolly Jumps www.jollyiumps.net or (877)694-1994 Jump N Jump www.jumpnjump.com or (909)873-8487
Deposit

EVENT I RESOURCE I DEPOSIT FEE I CHARGE I TAXI AMOUNT PAID REFUNDS BALANCE Down Right Amphitheate Deposit $100.00 $0.00 $0.00 $0.00 $100.00 Blessed Buddy r
Walk
Payment Schedules Original Balance: $900.00 Current Balance: $900.00

DUE DATE I AMOUNT DUE I AMOUNT PAID I WITHDRAWAL ADJUSTMENT I BALANCE Oct 6, 2024 $900.00 $0.00 $0.00 $900.00
httWl,I6p—Mt4c#4in ,ces BgY14EWIilA"Mamethod=showPermitContract&permit_id=F7BBOE8EOF37AA 71 313

•1T1'UF ',^�

SHELTER RESERVATION APPLICATION
City of Yucaipa Community Services Department
Step One- Information
Name of Rental AvOicai
(please print
city
iJ
Organization Nanie�(if applicable) Address 1.>34.

Primary email of Rental Applicant:

Designated Event' Representative (if Applicant will not be present): _ CAS
3ne Number
l c.3 r
}Phone Number
Name Phone Number
Step Two- Event li
Type of Event: OMeeting ❑Birthday) ❑Family Gathering ❑ Recep tion/Banquet ❑ Shower Bfaby ❑ BridallWedding
Names of Event : 1+i�i� ( -its �1 l` `�( f� �.�i�lC� A( =`�pther:� _ r#of Attendees: `l11 Dates) of Use: Cl , I Day: ❑M ❑Tu O ❑Th ❑F ❑Sau *Hours requested, include the time it takes to set up and clean-up the event. Total Number of Hours: r( 1 Step Three- Details'
Is the applicant a non-profit? 1�
If yes, non-profit # 2v_Aa r Is the event a fundraiser? C�Yes ❑No ill you have any of the following: -ADJ ❑Band
Will there be a bounce house? ❑Yes $No W
! Step Four — Facility!
rnphitheater' � arge Shelter 2 ❑Medirttn Shelter 3 & 4 El Medium Shelter S & 6 ❑Small Shelter 1 ❑Small Shelter 3 ❑Small Shelter 4 ❑Small Shelter S OSmallShelter 6 ❑Small Shelter 7 ❑Small Shelter 8
Wildwood Park:
❑Small Shelter 1
Ave I Park:
❑Small Shelter I ❑Small Shelter 2 ❑Medium Shelter 3 ❑Small Shelter 4 ❑Small Shelter 5 701 Street Park
❑Small Shelter 1 ❑Medium Shelter 2 ❑Medium Shelter 3 ❑Large Shelter 4 Step Five — Review City Policies
Insurance
A. The Applicant shall purchase or provide and maintain general liability insurance and the coverage shall be in the amount of $1 million for bodily injury, personal injury, and property damage. General liability and liquor liability shall be endorsed naming the City of Yucaipa; its officers, agents, employees, and volunteers as additional insured. Each policy required by this clause shall be endorsed to state that coverage shall not be cancelled or changed except after thirty (30) days written notice has been given to the City. Use of the facility Till be denied if satisfactory proof of the required insurance is not timely received prior to the event. The insurance company must have an AM Best Rating of V11 or better.

Cancellations/Refunds
A. Cancellation of a rental less than thirty-(30) days will result in loss of 100% of the rental fees and deposit (if applicable).

B. Any cancellations prior to thirty days (30) will result in a loss of 50% of the rental fees. All refund requests are subject to a $15.00 processing fee.

C. Refunds will be approved if rain or inclement weather occurs on the day of shelter reservation. A refund request form must be completed and submitted within seven (7) days after reservation for refunds to be honored. 08/26/2024 City Council Agenda 72

Park Shelters Rules
A. Cityor
prior nq
B. Permit
C. No amll
D. Due to I
and the
E. Smokin
F. Alcohol
G. No woe
H. Motor t
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D. The C
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F. Boon,
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sized activities shall have priority use over all requests. When possible, neither user shall interfere with the other's use. Sufficient 1 tication of canceled requests will be given by the City when possible. alder/Requestor(s) and event attendees must adhere to the rules and regulations governed by the City (reference City Park e No. 127). Failure of adherence to such rules and regulations may result in suspension of use or dismissal from the facility.

Ged sound permitted.
e unavoidable seasonal and recreational circumstancestactivities, there is no guarantee contenting the condition of the shelter irrounding area. The City will maintain the shelter to the best of their ability prior to the event. is prohibited in all City parks and facilities (reference City Park Ordinance No. 256). beverages prohibited unless prior approval as a condition of a Special Event Permit. burning campfires or propane grills permitted, Charcoal only.

Iticle use is prohibited on surfaces other than those maintained and specifically designated (reference City Park Ordinance No.

JTE: If motor vehicles are found on prohibited surfaces, 950 will be deducted from the deposit. )ers
older/Requestor must first obtain a Facility Use Agreement for the use of the park and indicate on the Agreement that a bounce I be used as part of the event (Yucaipa Municipal Code 12.04.281). older/Requestor and bounce house company must execute a written agreement (between the two parties) and agree to indemnify A the City from any liability related to the use of a bounce house. A Certificate of Insurance and Endorsement is required for i :ers in City parks. The Certificate of Insurance and Endorsement must list the City as additionally insured (per Section VIII of ment). The Bounce House Rules and Regulations form and Insurance documents must be received by the Community Services ent fourteen (14) days prior to the event date. '
reserves the right to limit the number and size of bounce houses being used. Only small bounce houses are permitted (18'xl8'xl8' urger sized bounce houses are permitted only with a Special Event Permit and with Director approval.

Louses are to be set up only by the bounce house company in compliance with manufacturer specifications. cause companies will be responsible for providing a generator for the inflation of the bounce house. The City does not provide ;y. The generator must be quiet rated at 60dB or less and not generate noise in excess of City standards. The generator shall be I safe distance from the bounce house and electrical cords covered to prevent tripping hazards. Additional gasoline cans MUST stored next to the generator.
nce house company must provide a fire extinguisher that is equipped to extinguish any fire that may occur. houses and generators will be placed at locations designated on the Facility Use Agreement application: Community Park: I 2, 3, 4, & 7); Ave I Park: (Shelters 1, 2, 3, 4); Ts Street Park (Shelters 1, 2, 3); and Wildwood Park: (Shelter t). houses must be under supervision by an adult at all times. Permit Holder/Requestor must provide adequate supervision so that s in compliance with manufacturer recommendations and reflects safe levels of operation. houses are not allowed in City parks overnight unless approved as part of a Special mnit.
houses mustbe free standing and weighted. Stakes are prohibited in City parks unless approved as a special condition of a Special nit. Bounce houses must not be tied or tethered to trees, tables, or other park amenities. -[older/Requester is responsible for all damage caused by their use of the park or bounce house. Damage to City property or turf Lilt in loss of deposit.
3ICLES ARE ALLOWED IN CITY PARKS, ON TURF, OR ON WALKWAYS UNLESS APPROVED AS PART OF A SPECIAL is not responsible for any damage to the bounce house.
y the Permit Holder/Requestor or vendor to adhere to these policies will result in the immediate removal of bounce house from and may result in the denial of future use of City parks and facilities. Damages to the park resulting from use of a bounce house nancial responsibility of the Permit Holder/Requestor.
ized Jumper Companies:

Jump Rentals: 909-873-8487 1 Jolly Jumps: 877-694-1994
Step Five- Signature, Please Read Carefully Before Signing Facility user hereby agrees to indemnify, defend and hold harmless City of Yucaipa, its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses that may arise during or be caused in any way by such occupancy or use of facilities, but the facility user shall not be liabl� for any claims, damages, losses and expenses caused by the sole negligence or willful misconduct of the City of Yucaipa.

Permittee shall have deceived any and all permission or license(s) as may be required to'perform or use any protected materials in its use of the Premises. Permittee a rees to protect and save harmless the City, its elected officials, employees and agents from and against any and all claims, penalties, and/or damages which may accrue as a result of Permittee's failure to comply with this requirement. I have read and agree to abide by all of the City of Yucaipa Comnjunity Center policies stated above and in the Community Center Rental policies.

Date: `
Applicant Signature
i
08/26/2024 City Council Agenda
73 of the Treasury
Date:
raDepartment
Internal Revenue Service
12/11/2023
I-DTax Exempt and Government Entities
I1X0 P.O. Box 2508
Employer ID number:
93-2122649
Cincinnati, OH 45201
Person to contact:

Name: Customer Service
ID number: 31954
Telephone: 877-829-5500

DOWN RIGHT BLESSED FOUNDATION
Accounting period ending:
34590 COUNTY LINE ROAD SUITE 3
December 31
YUCAIPA, CA 92399
Form 990-PF required:

Yes
Effective date of exemption:

May 31, 2023
Addendum applies:

No
DLN:
26053733004963
Dear Applicant:

We're pleased to tell you we determined you're exempt from federal income tax under Internal Revenue Code (IRC) Section 501(c)(3). Donors can deduct contributions they make to you under IRC Section 170. You're also qualified to receive tax deductible bequests, devises, transfers or gifts under Section 2055, 2106, or 2522. This letter could help resolve questions on your exempt status. Please keep it for your records.

Organizations exempt under IRC Section 501(c)(3) are fitrther classified as either public charities or private foundations. We determined you're a private foundation within the meaning of Section 509(a).

You're required to file Form 990-PF, Return of Private Foundation or Section 4947(a)(1) Trust Treated as Private Foundation, annually, whether or not you have income or activity during the year. If you don't file a required return or notice for three consecutive years, your exempt status will be automatically revoked.

If we indicated at the top of this letter that an addendum applies, the enclosed addendum is an integral part of this letter.

For important information about your responsibilities as a tax-exempt organization, go to www.irs.gov/charities .

Enter "4221-PF" in the search bar to view Publication 4221-PF, Compliance Guide for 501(c)(3) Private Foundations, which describes your recordkeeping, reporting, and disclosure requirements.

Sincerely,
Stephen A. Martin
Director, Exempt Organizations
Rulings and Agreements
Letter 1076 (Rev. 2-2020)
08/26/2024 City Council Agenda Catalog Number 1741A

ATTACHMENT 2
08/26/2024 City Council Agenda 75

CITY OF
wn58
Fiscal Year:

Date Application submitted:

Submit to:

COMMUNITY ACTIVITY GRANT
2024-2025
City of Yucaipa
General Services/City Clerk Department
34272 Yucaipa Blvd.

Yucaipa, CA 92399
Attn: Kimberly Metzler
6-28-2024

FINANCIAL / IN -KIND / FEE WAIVER

APPLICATION
Received
City Of YUCaipn
General Service s/
City Clerk's Departrnent
All sections of the application must be returned complete, and all supporting docmuentation must be included as part of tine submittal. Incomplete applications received will be returned to the applicant.

Note: Beginning with the FY2025/26 grant cycle, financial grant awarded funds will require 100%financial match by the applicant. For example, if your total program/project cost is $1,000, your financial ;rant request should be for no more than $500.

Be prepared to show proof of program/project cost in your Wrap-up Report (Accountability Report), detailing the applicants financial match of $500.

Name of Applicant/Organization:

Inland Leaders Charter School
Applicant/Organization Mailing Address: 12375 California St. Yucaipa, CA Applicant/Organization Phone Number:

Contact (1)
Contact (2)
( 909 ) 446-1100
Jeremy Hoch
Name
909 � 705-9507
Phone Nu nber
[email protected]
E-mail address
Mike Gordon (909 ) 446-1100
Name
Phone Number
[email protected]
E-mail address
SECTION 2 - ELIGIBILITY REQUIREMENTS:

Yes No
Is your organization located in another community? ❑ ✓❑ Will the program/event take place in another community? ❑ ✓❑ Are you aware of any other City program providing this service? ❑ ❑ If so, which one?
*If you answered "Yes" to any of the questions listed above, your request is not eligible for the Community Activity Grant.

City of ucalpa oml unl c iv rants Application, Rev. 04/2024 76 Page I

Your organization must be an established 501(c) to be considered for Community Activity Grant funding.

Please submit documentation verifying organization 501(c) status along with this application.

Yes No
Is your organization a 501(c)?20-8343378 ❑
If yes, please provide Tax TD# and attach all supporting documents.

Does this application include submittal of documentation verifying 501(c) status? ❑ ✓❑ How long has your 501(c) organization been in existence? 17years Number of Employees working for organization: 120
Number of Volunteers working for organization: 100
Ts a current City Council Member on your board? ❑ ❑✓
How many Yucaipa residents does your organization currently serve? 700 Does the organization charge admission, membership fees, dues, etc.? ❑ If yes, please describe:

Names and Titles of Officers and Board of Directors: (Please attach an organization chart, if available) Dr. Jay Jimenez President
Bonnie Mitchel
Michael Casavan
Eli Gillespie
Jake Rosario
Secretary
Member
Member
Member
SECTION 4 - PROGRAM[ DESCRIPTION/SCOPE: (PLL':ASE USI ADDT"riONAL PAG17S IF NECESSARY) Name of the pro.ram/event: ILCS Girls Volleyball
Date(s) of program/event:

September to October
Describe the program/event that organization is seeking support for:
(Attach any event/prograrn promotional materials associated with program/event) Our Lions Volleyball teams need a inside gym to host our home games this season. I hae our schedule and it has been sent to Julia Basa for scheduling at the Community Center.

City of c i om ni y c i, rants Application, Rev. 04/2024 77 Page 2

Describe how the program/event benefits the residents and/or community of Yucaipa:

We believe that athletics are an important part of the educational experiance at Inland Leaders Charter School. Our students benifit from learning how to handle success and dissappointment. Athletics build good leadership qualities in studenets that will help them be leaders in our community.

Prograni/Event Primary Target Population (check all that apply):
✓I Children or Youth
Low Income
Persons with Disabilities
Number of Residents Projected to Serve: 20
Please identify what your organization is seeking:

Financial Support: ❑Yes ,,r No
$200 SEP Fee
Waiver: ❑Yes ao
Seniors
Victims
Welfare Recipients
Public
In -kind Support: Police $ Fire $ Works $
OT/Reassigned
Staff $ Other $
In -Kin Financial Support
Total Amount of Request: $ .7�— $
Explain
1-1 Women
(
I I Homeless
Entire Commuiiity
CS/Rental $1782
$200 SEP Financial Total Overall
Fee Waiver Match Request
$ $ _ $1782
Provide a detailed description of how the financial support will be used:

Our Volleyball team is in need of gym to play our home games in. We have 12 home games this year.

City oKaW, o W R�nA ' fants Application, Rev. 04/2024 78 Page 3

SECTION 1CAPABILITIES/BUDGET:

What other in-kind/financial contributions has your organization received to fund this event/program (separate from City funding)?
In -Kind Financial
Amount Support Amount
Total Funds Received To Date:

Total Funds Requested Via Grant Application: $
Remaining Balance That Will Be Funded By $
Organization:

Provide City funding received by organization in the past three years (required):

Program
2022
2023
In -Kind Financial
Support
$200 SEP
Fee Waiver
❑✓ ❑
❑
❑✓ ❑
❑
SECTION 7 —CERTIFICATION
Date Total Received
Received
$1500
s 1700
$
T, the undersigned, do hereby attesV4tatthe above information is true and correct to the best of my knowledge, and understand that the award &1inancial,> t mount needs to be spent prior to submitting ai her grant request.

Simatw-e / Title Date

COMPLETEDJO BE BYCITY
Date Received: I — Date Reviewed: —(
Amount Funded: $ City Council Meeting:

Type of Grant: [s m-Kind ❑ Financial Support ❑,,Vee Waiver Date City Council received follow up report:

City Application, Rev. 04/2024 79 Page 4

COMMUNITY
Permit %firs%j'''' SERVICES
City of Yucaipa Community PHONE:(909) 790-7460 Permit # R6599 Services FAX:(909) 790-2589
Status Tentative
34272 Yucaipa Blvd EMAIL:.::.

Date Jun 18, 2024 2:24 PM
Yucaipa, CA 92399
Expiration Date Jun 18, 2025
Organization Name Inland Leaders Charter School -170
Customer Type Non -Profit (R)
Organization Address 12375 California St
Yucaipa, CA 92399
Agent Name Jeremy Hoch Home Phone Number (909) 705-9507 Email Address
System User Julia Basa ` J
�J � ��I �1 `��(�� r�(�V ��r^ 'J,� Rental Fee $1,980.00 Discounts-$198.00
Subtotal $1,782.00
Deposits $100.00
Deposit Discounts $0.00
V Total Permit Fee $1,882.00
Total Payment $0.00
Refunds $0.00
Balance $1,882.00
ILCS Volleyball Games 1 resource(s) 12 booking(s) Subtotal: $1,882.00

START DATE/TIME

END DATE/TIME

ATTENDEE

AMT W/O TAX
Thu, Aug 29, 2024 2:30 PM
Tue, Oct 15, 2024 5:15 PM
—
$1,782.00
Occurs on selected dates effective 08./29,12024 until 10: i5.'2024.

Thu, Aug 29, 2024 2:30 PM
Thu, Aug 29, 2024 5:15 PM
20 $148.50
Thu, Sep 5, 2024 2:30 PM
Thu, Sep 5, 2024 5:15 PM
20 $148.50
Tue, Sep 10, 2024 2:30 PM
Tue, Sep 10, 2024 SAS PM
20 $148,50
Thu, Sep 12, 2024 2:30 PM
Thu, Sep 12, 2024 5:15 PM
20 $148.50
Thu, Sep 19, 2024 2:30 PM
Thu, Sep 19, 2024 5:15 PM
20 $148.50
# R6599 Status Tentative

Page 1 of 3 ends

08/26/2024 City Council Agenda
80 Tue, Sep 24, 2024 2:30 PM
Tue, Sep 24, 2024 5:15 PM
20 $148.50
Mon, Sep 30, 2024 2:30 PM
Mon, Sep 30, 2024 5:15 PM
20 $148.50
Tue, Oct 1, 2024 2:30 PM
Tue, Oct 1, 2024 5:15 PM
20 $148.50
Thu, Oct 3, 2024 2:30 PM
Thu, Oct 3, 2024 5:15 PM
20 $148.50
Tue, Oct 8, 2024 2:30 PM
Tue, Oct 8, 2024 5:15 PM
20 $148.50
Thu, Oct 10. 2024 2:30 PM
Thu, Oct 10. 2024 5:15 PM
20 $148.50
Tue, Oct 15, 2024 2:30 PM
Tue, Oct 15. 2024 5:15 PM
20 $148.50
Resource level fees
$100.00

INFORMATION DESCRIPTION SIGNING STATUS
Alcohol Sales Lic Checked
Proof of Liability Insurance Checked
Security Guard Contract Checked
Proof of Non Profit Status Checked

WAIVER NAME DUE DATE FOR SIGNING STATUS
Facility Usage Waiver Aug 29, 2024 Waiver Signed
Facility user hereby agrees to indemnify, defend and hold harmless City of Yucaipa, its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses that may arise during or be caused in any way by such occupancy or use of facilities, but the facility user shall not be liable for any claims, damages, losses and expenses caused by the sole negligence or willful misconduct of the City of Yucaipa.

Permittee shall have received any and all permission or license(s) as may be required to perform or use any protected materials in its use of the Premises. Permittee agrees to protect and save harmless the City, its elected officials, employees and agents from and against any and all claims, penalties, and/or damages which may accrue as a result of Permittee's failure to comply with this requirement. 1 have read the rules and regulations relating to use of facilities and accept responsibility for meeting the requirements stated herein. # R6599 Status Tentative Page 2 of 3
08/26/2024 City Council Agenda 81

EVENT

RESOURCE

DEPOSIT FEE CHARGE
ILCS
Gymnasium,
Deposit $0.00
Volleyball
South
Games
ILCS
Gymnasium,
Facility $100 00
Volleyball
South
Deposit
Games

DUE DATE AMOUNT DUE
Aug 15, 2024 $1.882.00
Signature

TAX AMOUNT PAID REFUNDS BALANCE
$0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $100.00
Original Balance: $1,882.00 Current Balance: $1,882.00

AMOUNT PAID WITHDRAWAL ADJUSTMENT BALANCE
$0.00 $0.00 $1,882.00
# R6599 Status Tentative
08/26/2024 City Council Agenda

Page 3 of 3 ends

82 Agenda Item No. 10

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer Benjamin J. Matlock, Deputy Director of Community Development/City Planner FOR: City Council Meeting of August 26, 2024
SUBJECT: Freeway Corridor Specific Plan Update (Case No. 24-044/GPA/SPA) & Pacific Oaks Commerce Center (21-196/CUP/ARC/TPM):

The existing Freeway Corridor Specific Plan (FCSP), adopted in November 2008, allows for development of up to 2,447 residential units on 424.7 acres and up to 4,585,779 square feet of nonresidential uses on 242.7 acres within the 1,242-acre plan area. The proposed update to the FCSP (Case No. 24-044/GPA/SPA) would result in a total of 2,472 residential units and 5,093,265 square feet of nonresidential uses. As a result, the proposed Project would result in an increase of 25 residential units, 2,786,461 square feet of Business Park (BP), and a reduction of 2,278,976 square feet of Regional Commercial (RC) compared to the existing FCSP. The Proposed Project also includes development of the Pacific Oaks Commerce Center (21- 196/CUP/ARC/TPM), which consists of the development of two (2) buildings with warehouse and office spaces, totaling 2,054,000 square feet of building space, as well as truck parking and docking bays, consistent with the provisions included in the FCSP Update.

RECOMMENDATION:

That the City Council conduct a public hearing regarding the Freeway Corridor Specific Plan (FCSP) and the Final Supplemental Environmental Impact Report (SEIR), as well as Case No. 21-196 for the Pacific Oaks Commerce Center. The Planning Commission has previously reviewed the FCSP and did not offer a recommendation for approval.

Depending on the City Council's review, several potential motions can be made and are as follows:

Motion in support of the FCSP Update:

If the City Council is in support of the FCSP, the following recommendation is provided:
1) Adopt Resolution No. 2024-19, approving the Freeway Corridor Specific Plan Update with the items listed in the errata; certifying that the Final Subsequent Environmental Impact 08/26/2024 City Council Agenda 83

Report (SEIR) has been completed in compliance with the California Environmental Quality Act (CEQA); accepting the mitigation measures identified in the Final SEIR; adopting Findings of Fact; and adopting a Statement of Overriding Considerations; and 2) Approve the introduction and first reading of Ordinance No. 448, an Ordinance of the City Council of the City of Yucaipa, California, amending Ordinance No. 343, amending of the official land use plan and zoning ordinance of the City of Yucaipa; and 3) Approve the Conditional Use Permit (Case No. 21-196), subject to the Conditions of Approval as contained in the Agenda Report, and if acceptable, approve the Architectural Design and preliminary landscaping, for the Pacific Oaks Commerce Center Project (POCC); and
4) Adopt the Findings as contained in the Agenda Report; and 5) Approve the Mitigation Monitoring and Reporting Program; and direct Staff to file a Notice of Determination.

Motion against the FCSP Update:

If the City Council is not in support of the FCSP, the following motion is provided:
1) Direct Staff to prepare a Resolution to deny the approval of the Freeway Corridor Specific Plan Update; and
2) Direct Staff to prepare Findings for denial, based on the Planning Commission's consideration of the Project with respect to Section 83.020310 of the Yucaipa Development Code; and
3) Deny Conditional Use Permit (Case No. 21-196), as it is inconsistent with the land use designations of the existing Freeway Corridor Specific Plan; and 4) Determine that the Project is exempt from CEQA pursuant to Section 15270 of the CEQA Guidelines, which states that CEQA does not apply to projects which a public agency rejects or disapproves.

Alternatives:

The City Council can make any additional recommendations to modify the FCSP Update that are deemed necessary to meet the Findings specified by Section 83.020310 of the Yucaipa Development Code, or that would better meet the Goals, Policies, and/or Objectives of the General Plan.

Draft Findings of Approval, as well as the Draft Resolution and Ordinance are provided for the City Council's reference and review. Modifications can also be made based on the deliberations of the item. No formal findings for denial were provided by the Planning Commission, and therefore are not available.
08/26/2024 City Council Agenda 84

BACKGROUND/DISCUS SION:

What is a Specific Plan?
A Specific Plan provides policymakers with the ability to prepare and adopt development and/or design standards and guidelines within a targeted area of the City. Although it is not a part of the General Plan, a Specific Plan must adhere to, and be consistent with, the City's land use policies that are established in the General Plan. Ideally, a Specific Plan provides guidance to landowners or developers without stifling opportunities or imposing inflexible regulations that preclude creative development responses. With its tailored standards and general direction for future development within a specific area of a community, Specific Plans work to leverage the opportunities of the area beyond what could otherwise be achieved through a city-wide zoning ordinance.

This before (left) and after (right) photos show how the City s specific plan for the Uptown led to positive and transformative growth of a key area
Policy Determination:

A Specific Plan itself does not directly relate to a specific project application, but instead reflects a more global policy change for an area, which in turn will govern future projects that come forward.

The findings specific to the adoption of a Specific Plan within the City of Yucaipa are listed under Section 83.020310 of the Yucaipa Development Code and are listed below. It should be noted that the proposed Project includes both the policy determination related directly towards the Specific Plan update, as well as a land use entitlement for a specific project within the Specific Plan area that is discussed further.

Findings:
"Prior to taking an action to adopt or amend a Specific Plan, the Planning Agency shall find that the proposed Specific Plan or amendment satisfies all of the following conditions. a) Is consistent with the General Plan
b) Specifies through text and/or diagrams the distribution, location, and extent of the uses of land, including open space, within the area covered by the plan c) Specifies through text and/or diagrams the proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, 08/26/2024 City Council Agenda 85

drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan
d) Specifies through text and/or diagrams the standards and criteria by which development will proceed and standards for the conservation, development, and utilization of natural resources, where applicable
e) Specifies a program of implementation measures including regulations, programs, public works project, and financing measures necessary to carry out Findings (b), (c) and (d) above
f) Includes a statement of the relationship of the Specific Plan to the General Plan, Development Code, and any applicable plan
g) Addresses any other subjects which are necessary for implementation of the General Plan"
Decision makers need to identify the elements for the Findings and confirm that any such Specific Plan meets these requirements to formally approve the policy.

Location:

The 1,242-acre FCSP area is in the City of Yucaipa in San Bernardino County. The FCSP is bisected by Interstate 10 (I-10) and abuts the Riverside County boundary to the south. Regional access to the Project is provided by I-10 from the east and west. Local access is provided by Live Oak Canyon Road, County Line Road, Oak Glen Road, Wildwood Canyon Road, Colorado Street and Calimesa Boulevard. Land uses in the FCSP consist primarily of agricultural land (ranching and farming), a limited number of residences, a wastewater treatment plant, and miscellaneous commercial uses such as an outdoor pottery store and storage. The Live Oak Canyon Pumpkin Factory operates seasonally, with its peak season in the fall. Their farm also operates a corn maze (fall only), carnival -type rides and games, tractor/hay rides, pony rides, petting zoo, Christmas Tree sales (winter only), U-pick pumpkin patch, and concessions (fall only) during the fall and winter seasons. The Henry N.

Wochholz Regional Water Recycling Facility (WRF) is owned and operated by the Yucaipa Valley Water District (YVWD). This land use is isolated from the other areas in the FCSP and can only be accessed via a secondary road from County Line Road. The FCSP Update identifies these parcels as "not a part" (N.A.P.) of the Proposed Project because it is solely owned by the YVWD. 08/26/2024 City Council Agenda 86

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Map of the FCSP Area
Current Freeway Corridor Specific Plan:

In January of 2005, the City Council directed staff to proceed with the issuance of a Request for Proposal for consultant services to prepare a Freeway Corridor Specific Plan (FCSP) and Program Environmental Impact Report (EIR) for 1,242 acres of (mostly) undeveloped properties along the I- 10 Freeway corridor. Prior to this effort, the area was designated as Planned Development, which was to facilitate a variety of potential uses. During the initial development of the FCSP framework was the establishment of the primary "Planning Objectives" that would guide the overall preparation of the FCSP:

1. Maintain the impression of Yucaipa as a quality rural community.

2. Ensure that resultant development both meets the needs of City residents and brings in tax revenues.

3. Provide appropriate land use intensity and density that leads to economically viable development opportunities for the affected property owners.

In February and March of 2006, different potential land use plans were presented to the Planning Commission and the City Council to find the "Preferred Alternative." On November 7, 2007, the Planning Commission held a public hearing to consider the final draft of the FCSP, the final draft of the Design Guidelines, the Final EIR, a Statement of Overriding Considerations, and the Mitigation Monitoring Plan. At the conclusion of this hearing, a majority of the Commission supported a recommendation to the City Council for the approval of the Specific Plan and its related documents.

However, at about this same time, the City Council was beginning to evaluate various options in its then update for the General Plan Housing Element, and one of the major issues involved meeting the allocation of "adequate sites" to accommodate the City's "fair share" of the Regional Housing Needs Assessment (RHNA) from the Southern California Association of Governments (SCAG). The 08/26/2024 City Council Agenda 87

Preferred Alternative was then amended to include areas for affordable housing, and the overall updated plan was then adopted On November 24, 2008. Since its adoption in 2008, the only changes in development that has occurred are the approvals of a 366,423-square-foot speculative industrial warehouse building located on five parcels totaling 19.32 gross acres at the northwest corner of 7th Place and County Line Lane within the Regional Commercial district, as well as a Conditional Use Permit associated with the continued use of the Pumpkin Factory. It should be noted that warehousing uses are already allowed in the FCSP but may occupy prime and highly -visible areas that were intended for retail spaces.

Existing FCSP Land Use Map
Freeway Corridor Specific Plan Update Intent:

The FCSP area includes the largest undeveloped area in Yucaipa, comprised of 1,238 acres of land, and is poised to capture a portion of the regional demand for commercial and residential uses. Its original intent was to provide job growth opportunities for the community and was one of the key strategies for providing housing opportunities that could meet the Regional Housing Needs Assessment (RHNA) during prior housing cycles. The existing FCSP was originally developed in 2007/8, right before the great recession that resulted in dramatic changes to the retail and commercial industry. Since the adoption of the FCSP, the City has also completed a comprehensive General Plan update that was adopted in 2016. In total, these changes, along with feedback from property owners within the FCSP, indicate that the current FCSP is deficient in a variety of areas that effectively hinder the ultimate development and potential community benefits of the site to meet the goals of the General Plan.
08/26/2024 City Council Agenda 88

To help address the development potential and viability of the FCSP area, the City applied for and was awarded several grants from Southern California Association of Governments (SCAG) that have been combined to complete an update to the FCSP. Among the key objectives for the update is to address the significant market changes in the development industry that have occurred since its adoption to ensure its viability; one of the core elements of the original Planning Objectives.

Per the General Plan, the FCSP objective is to provide for a complete community and is situated in an ideal location to integrate with local and regional transportation systems, and the refined community objectives from the General Plan will help guide the Project. One final component was ensuring that the proposed housing capacity would effectively meet market demands and that the buildout of the FCSP would allow the City to meet its RHNA requirements in current and subsequent Housing Element cycles. Without changes to the plan, the existing "R-24" designated sites would become ineligible as housing sites used in the City's future planning efforts related to meeting the RHNA.

Key Design Direction for Update:

Through a series of study sessions, the City Council provided direction on key elements that should be incorporated into the plan. As noted previously, the fundamental economic benefits of the area were one element that was prioritized to ensure that the FCSP met the expectations and policies that are listed in the General Plan. To maintain a more rural environment, Council prioritized viewsheds that are to be protected and/or enhanced with the development of the area. As part of this consideration, less attractive buildings such as warehouses should be obscured from visible line of sights from the I-10 Freeway. The City Council also identified key opportunity areas that should be used for open space, recreational areas, and connectivity; and further provided requirements for the Open Space areas to achieve those goals. This included removal of any required total acreage of open space, and instead provided a deliberate prioritization of using open space to preserve key viewsheds, as well as the use of open space as a buffer between different uses and planning areas within the Plan, and allowing these areas to provide increased recreational opportunities, such as multi -use trails, to provide a greater community benefit relative to the existing plan. Further, landscaped slopes used for site grading or agricultural activities, such as pumpkin or vineyard plantings, would also be permitted in these areas.

Concurrent with the City Council study sessions, a series of stakeholder interviews were conducted with property owners, developers, and other community members to better understand the challenges and needs of the market to guide necessary updates that would support the future development that had been planned. The feedback from these discussions were then incorporated into the Update and balanced between the community's desire to preserve key viewsheds and to protect the natural environment.

Lastly, the Update focused on elements that could reduce the cost of infrastructure to better make future projects financially viable. Significant work within drainage channels that provide a marginal increase of land area were avoided to reduce the net cost of development in the millions of dollars, and to reduce the City's long-term financial commitment to maintain such infrastructure. 08/26/2024 City Council Agenda 89

Freeway Corridor Specific Plan:

Specific Plan Format:

The FCSP is comprised of seven (7) sections that cover the following topics:

I — Introduction: Includes a brief introduction to the purpose of the FCSP and the organizational layout of the document. The section also includes the Project Vision as well as the Planning Objectives, which are carried over from the existing FCSP with only minor modifications to better fit market demands.

II — Baseline Conditions: Includes a detailed summary of the existing conditions of the Project area as they existed at the initiation of the FCSP, including pertinent physical details of the area as well as notable projects along the I-10 corridor. The market conditions related to the proposed development are also identified for a high-level understanding of the plan, as well as the market shifts since the original FCSP was adopted.

III — Project Description: Includes a detailed outline of the development proposed for the FCSP boundaries, including key concepts that shall drive the ultimate development of the area, as well as the approach for utility and infrastructure development for the area.

IV — Development Standards: Includes a detailed outline of the development proposed for the FCSP boundaries, including the development standards that would apply for the land use designations that are proposed onsite, as well as grading standards, sign regulations, and a list of the permissible uses.

V — Design Guidelines: Includes a general description of the City's expectations regarding the final design of the built environment to be implemented by the FCSP, and compliance with the Guidelines would ensure the development features high -quality landscape and architectural design. Consistent with other development projects, the architecture of the future development would be subject to review by the City's Planning Commission. The section also integrates with the City's adopted Citywide Design Guidelines, which include details for commercial development along this key gateway, as well as objective standards for multiple family housing.

VI — Implementation: Includes the administrative processes, review and enforcement of the FCSP, as well as phasing and funding approaches to best ensure the orderly development of the FCSP area.

VII — Appendix A: Includes the definitions used in the plan.

Land Use Plan/Districts:

The development of the FCSP results in detailed development standards and implementation measures to which future projects located within the specified area must adhere, and in effect creates new zoning to achieve the intended goals for that area. The proposed Project is an update to the FCSP to guide development within the 1,242-acre plan area.
08/26/2024 City Council Agenda 90

An Updated Land Use Map that addresses Pumpkin Factory operations within OS -designated areas, and Robinson commercial areas 08/26/2024 City Council Agenda 91

Proposed Project Buildout Statistical Summary
Designation
Acres
Dwelling Units
Population'
Non-residential SFz
Employees3
Residential
225.8
2,472
6,823
NA
NA
Regional Commercial (RC)3

72.2 NA
NA
1,100,761
791
Business Park (BP)4
223.1
NA
NA
3,992,503
1,891
Agro-Commercial Tourism (AT)4

48.8 NA
NA
NA
NA
Open Space (OS)5
338.5
NA
NA
NA
NA
Open Space — Conservation (OS-C)5
159.5
NA
NA
NA
NA
Existing ROW

15.1 NA
NA
NA
NA
Not a Part (N.A.P)6
154.6
NA
NA
NA
NA
Total
1 1,2387
2,472
1 6,823
1 5,093,265
2,682
Notes: Totals may not add to 100 percent due to rounding. SF = square feet; ROW = right-of-way. ' Based on 2.76 people per unit (DOF 2022).
2 Acres to square feet based on the maximum FAR allowed in the proposed FCSP of 0.35 for RC. Planning areas BP 2, BP 3, and 19.32 acres of BP 6 are based on the project -level data for the Pacific Oak Commerce Center project (2,054,000 square feet) and the County Line Warehouse project (366,423 square feet). The remaining acreage for planning area BP 6 (9.68 acres) and planning areas BP 1 and BP 4 is based on a maximum FAR of 0.5. It should be noted that planning area BP 4 is the Caltrans rest stop and would remain a rest stop at buildout, as Caltrans currently owns this property. However, there is an agreement that should Caltrans close the rest stop, this property would revert to the Robinson Properties ownership. As a result, square footage associated with this acreage is accounted for to provide a conservative estimate of the potential BP land uses at buildout. 3 Based on 1,392 square feet per employee for RC uses and 2,111 square feet per employee for BP uses (SCAG 2001). 4 The Live Oak Canyon Pumpkin Factory has associated employment, but there are no changes to this land use between existing conditions and the Proposed Project scenarios.
5 Open Space (OS) and Open Space -Conservation (OS-C) acreage is estimated based on the conceptual grading plan. 6 The WRF is identified as Not a Part in the FCSP Update because it is solely owned by the YVWD. 7 Acreage for the FCSP Update based on GIS. This four -acre difference between the 2008 Specific Plan acreage (1,242 acres) and the Specific Plan Update acreage (1,238 acres) is based on minor differences in how the boundary was mapped in 2008 and attributed to existing ROW.

As shown in this table, the proposed Project would result in a total of 2,472 residential units and 5,093,265 square feet of nonresidential uses. The FCSP includes a list of permitted, conditionally permitted, and prohibited land uses and development standards associated with the following land use designations:

Residential:

The FCSP allows for the following residential densities and product types:
■ Residential (R-2/R-4). Allows for 2 to 4 dwelling units per acre (du/acre). Accommodates single-family residential uses that serve as a transition to existing low -density development adjoining the FCSP area. R-2 refers to 2 du/ac, and R-4 refers to 4 du/ac. ■ Residential (R-6). Allows for 4.1 to 6 du/acre. Accommodates detached single-family residential uses.
■ Residential (R-8). Allows for 6.1 to 8 du/acre. Accommodates a range of attached and detached single-family residential uses, including small -lot single-family and cluster housing.

Also allows for low -scale multifamily product types.
■ Residential (R-12). Allows for 8.1 to 12 du/acre. Provides for a range of attached and detached single-family residential uses, including small -lot single-family and cluster housing. Also allows for multifamily product types up to 12 du/acre.
08/26/2024 City Council Agenda 92

■ Residential (R-24). Allows for 12.1 to 24 du/acre. Provides higher density, small -lot, single- family detached housing; attached housing such as duplexes and walk-up townhomes; and multifamily residential including courtyard housing and stacked flats. Pursuant to the Open Space Standards of the Specific Plan (see Section 4.7 of the FCSP), single-family residential development with lot sizes less than 10,000 square feet are required to provide one pocket park of at least 10,000 square feet for each 50 dwelling units.

The residential densities remain within the existing maximum range of the existing FCSP; however, a greater number of units are placed within the mid -density range to better accommodate attainable housing options for Yucaipa residents. In addition, the R-12 is a newly established classification, which aligns with the market demand related to first time homebuyers.

Regional Commercial (RC)
Intended to accommodate commercial retail and services, lodging, office uses, recreation and entertainment uses, and similar compatible uses that support the local and regional economy. Pursuant to the Open Space Standards of the Specific Plan (FCSP Section 4.7), Commercial uses are required to provide development area for common open space in the form of plazas, landscaped courtyards, and/or squares, as indicated in the Specific Plan Design Guidelines.

Business Park (BP)
Provides for light industrial and office uses, including light manufacturing; wholesale/warehouse uses, including high cube warehousing; logistics/distribution centers; contract/construction services; transportation services; agriculture support services; incidental services; and similar uses. Pursuant to the Open Space Standards of the Specific Plan (FCSP Section 4.7), Business Park land uses are required to provide development area for common open space in the form of plazas, landscaped courtyards, and/or squares, as indicated in the Specific Plan Design Guidelines.

It should be noted that the existing FCSP has the same list of allowed/conditionally permitted uses for both the RC and BP, which meant that areas intended for industrial or those meant for commercial would not necessarily be implemented. As a result, a greater distinction was made between the two (2) different land use classifications so that key areas that are more highly visible from I-10 would support the regional commercial activities, and areas that are intended for industrial and warehousing uses could be situated in more discrete areas of the FCSP area.

Agro-Commercial Tourism
Provides for agricultural-themed commercial uses, including sales of produce, pumpkins, and agriculture -related goods, along with supporting businesses such as restaurants and overnight accommodations that cater to the agricultural tourism industry and can enhance the commercial benefit of the facility. This designation is intended to support the ongoing operations of the existing Pumpkin Factory and allow for the continued viability of this regional amenity. 08/26/2024 City Council Agenda 93

Open Space (OS)
Approximately 338.5 acres, 27 percent of the FCSP, allows for agriculture -related activities where appropriate and for buffering and transitions between different land uses. Grading activities may be permitted in the Open Space designation provided that vegetated slopes that feature contour grading are implemented to maintain a naturalistic appearance.

As part of the existing FCSP, areas that were designated as Open Space were identified to be "natural open space," however, agricultural, and grazing operations have historically occurred on site, and in other areas, site grading or trenching had also already occurred in these areas, meaning that "natural" areas were not actually in a natural condition. As a result, the update prioritizes the use of open space as functional open space that can best support the necessary transitions between uses, and areas that are meant to be natural and that should be protected for biological resources are now included in a An illustrative plan that shows the future areas of key land use types within the FCSP without the functional open space areas shown Open Space — Conservation (OS-C)
Approximately 159.5 acres, 13 percent of the FCSP, is to be dedicated to Open Space -Conservation that includes ridgelines, hillsides, natural drainage courses, natural vegetation, and sensitive habitat areas and prominent views and that would be preserved.

Comparison:

The proposed Project would result in increases of 25 dwelling units and 69 people, a reduction of approximately 2.28 million square feet of Regional Commercial (RC), an increase of approximately 08/26/2024 City Council Agenda 94

2.79 million square feet of Business Park (BP), and a reduction of 317 employees. As noted previously, the Planning Objectives from the existing FCSP were upheld with the proposed Project.

Further, the lack of distinction between allowable uses within the Regional Commercial and Business Park were clarified with the FCSP update to create a more deliberate development pattern.

Buildout Comparison of the Proposed Project to the Approved Project Dwelling Units
Population
Regional
Commercial
RC SF
Business Park
BP SF
Total Non -
residential SF
Employees
Approved Project
2,447
6,754
3,379,737
1,206,042
4,585,779
2,999
Proposed Project
2,472
6,823
1,100,761
3,992,503
5,093,265
2,682
Net Change
25 69
1 -2,278,976
1 2,786,461
507,486
-317
Notes: SF = square feet; RC = Regional Commercial; BP = Business Park. There is no change associated with the existing pumpkin farm.

I7 kastructure:

Circulation -
The internal circulation system for the FCSP would consist of a hierarchy of roads and trails to accommodate vehicles, bicycles, pedestrians, and equestrian circulation. The circulation system has been designed to enhance visual and physical connectivity between neighborhoods, open space, and other uses in the area. The Project provides new collector streets, local streets, and trails in the FCSP.

The FCSP would provide a vehicular circulation system south of I-10 that provides a physical connection between Live Oak Canyon Road and County Line Road. This vehicular connection would be circuitous to discourage high-speed, cut -through traffic yet accommodate convenient access for residents. An additional connection is also planned as part of the proposed Wildwood Canyon Road at Interstate 10 Freeway Interchange, which is under review through the California Department of Transportation (Caltrans).

In tandem with the traffic -calming vehicular circulation system, enhanced bicycle and pedestrian trail networks would provide connectivity within and between the neighborhoods in the FCSP. A multimodal trail is also planned through the connection of Live Oak Canyon Road to County Line Road, with a refined design that would place access within the open space -designated areas, rather than the proposed Business Park, to allow for a more scenic pathway for residents. Another key feature is relocating the primary internal roadway network away from the Pumpkin Factory location, as the existing FCSP would require that site to be bisected to provide circulation to the rest of the FCSP south of Interstate 10.
08/26/2024 City Council Agenda 95

5perfic Plan Boundary Commercial Collearx Street ResidenGel CdIwA x Street 0 i 4J0 Scale {feet]
Conceptual layout of roadway infrastructure for the FCSP Water:

Connections to existing water lines in the adjacent neighborhoods would be necessary to provide water service to the new neighborhoods in the FCSP. Water pipelines must be sized to adequately service the plan area's water demands, as required by the serving agency- water service is provided by YVWD, Western Heights Water Company, and South Mesa Water Company. Two (2) different types of pipelines are used to convey water to the plan area —transmission pipelines and distribution pipelines. Transmission pipelines transport water from offsite and on -site reservoirs to the FCSP, and distribution pipelines transport water from the backbone system to individual users. The YVWD requires a minimum size of eight (8) inches for distribution piping, but the FCSP shows that 16-inch- diameter potable -water pipelines and 12-inch-diameter non -potable -water pipelines are proposed to ensure adequate hydraulic flow and pressure and would generally parallel potable water pipelines.

These 8-inch and 16- inch diameter sizes are preliminary, and the water pipeline network would meet all development guidelines once the development plan and street layout are finalized.

Sewer:

Currently, five (5) main wastewater trunk lines traverse the FCSP: 1) along Calimesa Boulevard, 2) along Colorado Street, 3) along Florida Street west of Live Oak Canyon Road, 4) extending north - south from and along Cienega Drive ROW and across the I-10 to the existing WRF in the southwest area of the FCSP, and 5) extending east -west just north of the County Line Road. The area also contains an existing wastewater pump station south of the freeway and east of Live Oak Canyon Road. New neighborhoods in the plan area would receive sewer service by connecting to existing facilities. The sanitary sewer system would be designed and constructed consistent with YVWD standards and maintained by YVWD.
08/26/2024 City Council Agenda 96

Other
The development within the FCSP Update would be subject to a Community Facilities District to offset the associated costs for emergency services for the entire plan area. In addition, taller projects, such as the R-24 and BP areas, would be subject to a fair share cost reimbursement for the City's purchase and use of an aerial fire apparatus.

The FCSP leverages projects that would appropriately pay for and use an aerial "hook and ladder" truck Plan Modifications:

Following the development of the public review version of the FCSP, additional areas have been identified to be modified in the Specific Plan to help add additional clarity or correct minor issues that were discovered. These proposed changes are attached as an excerpt (errata sheet) for the FCSP document for consideration by the City Council. If the City Council ultimately approves of the FCSP Update, all the elements identified in the errata sheet along with any other proposed changes would then be finalized and incorporated into the official and bound version of the Specific Plan. As noted in the recommendation section of the Agenda Report, modifications to the FCSP can also be made to better meet the Findings for approval if they do not increase the development capacity proposed from what was assessed as part of the environmental review process.

General Plan Amendment:

When the FCSP was first adopted, the City approved a General Plan Amendment to change the original land use designation of the site, which was Planned Development (PD), to those specified in the plan. However, the City has not had a consistent practice when it comes to incorporating Specific Plans into the General Plan Map because of our "one -map" system. As a result, only the FCSP has specifically included its adopted land use designations into the General Plan Map; other specific plans have kept the underlying districts that were in place before those plans were adopted (although text in the General Plan incorrectly states that the approved Uptown districts were also included in the General Plan map). General Plan Figure CDL-2, Land Use Plan, currently references the existing FCSP districts, and an update to the figure is required if the proposed Project is approved. Ordinance 08/26/2024 City Council Agenda 97

No. 448 is proposed as part of the FCSP update to redesignate the planning area as PD, as this designation best meets the location criteria shown in Table CDL-1 of the General Plan, with the not - a -part YVWD facility proposed to revert to Institutional (IN). Future amendments to the General Plan are also planned to create a consistent approach for all the City's specific plans with respect to CDL-

2. Pacific Oaks Commerce Center:

Concurrent with the City's development of the FCSP Update, a project application was received for the Pacific Oaks Commerce Center (POCC). As the City was already exploring the best approaches for the update, and conversely, a Specific Plan Amendment would have been otherwise necessary to address the proposed land use configuration of the POCC and to also deal with residential no -net -loss provisions, the policy -level document of the FCSP and the project -level review of the POCC are being proposed together in order to best assess and analyze the two (2) different efforts. The applicant for the POCC, Pacific Industrial, is therefore requesting the approval of the Conditional Use Permit for the development of two tilt -up concrete buildings for warehouse uses, which are conditionally permitted within the FCSP BP Land Use Designation. The following sections highlight the POCC.

POCC Details:

The POCC is proposed within planning areas BP 2 and BP 3, and consists of two (2) warehouse buildings, additional truck parking, and open space. Building 1 would have 1,032,500 square feet of warehouse and 20,000 square feet of office use, for a total of 1,052,500 square feet of building space.

Building 2 would have 981,500 square feet of warehouse and 20,000 square feet of office use, for a total of 1,001,500 square feet of building space. Each building also would allow up to 25 percent of the building square -footage for cold -storage uses. As a result, the POCC would result in development of up to 2,054,000 square feet, with the following details noted in the table below:

Pacific Oaks Commerce Center Buildout
Land Use
Acres
Building SF
Docking Bays
Trailer Stalls
Auto Stalls
Parcel 1 — Residential Pad'. 2

29.53 —
—
—
—
Parcel 2 — Residential Pad', 2

32.04 —
—
—
—
Parcel 3 — Building 1

60.27 1,052,500
178
410
515
Parcel 4 — Open Space

65.82 —
—
—
—
Parcel 5 — Open Space

30.04 —
—
—
—
Parcel 6 — Trailer Parking3

29.68 —
—
322
—
Parcel 7 — Building 23

65.53 1,001,500
178
326
471
Total
312.91
2,054,000
356
1,058
986
Notes: SF = square feet.

The Pacific Oaks Commerce Center project does not include development of residential land uses. The acreages for Parcel 1 and Parcel 3 are included because of the need to grade these parcels during construction of the southern portion of Wildwood Canyon Road and the parcels associated with the warehouse buildings and trailer parking. These sites are designated for future residential uses pursuant to the Specific Plan. 2 The FCSP identifies PA 12 as 35.2 acres whereas Parcel 1 and Parcel 2 of the Pacific Oaks Commerce Center project total 61.57 acres. This is because the Specific Plan excludes manufactured slope in the land use density and intensity calculations. For Parcel 1 and Parcel 2, there are 26.37 acres of manufactured slope (43 percent of the total acreage of Parcel 1 and Parcel 2), which is included in the 553 acres of open space. 3 The FCSP identifies BP 3 as 71.3 acres whereas Parcel 6 and Parcel 7 of the Pacific Oaks Commerce Center project total 95.2 acres. This is because the Specific Plan excludes manufactured slope in the land use density and intensity calculations. For Parcel 6 and Parcel 7, there are 23.9 acres of manufactured slope (25 percent of the total acreage of Parcel 6 and Parcel 7), which is included in the 553 acres of open space. 08/26/2024 City Council Agenda 98

POCC Site Layout
08/26/2024 City Council Agenda 99

Parkiniz:

Each warehouse building would provide 178 truck docking bays for a total of 356 truck docking bays in the POCC Project area. Building 1 would provide 410 truck parking stalls and 515 auto parking spaces. Building 2 would provide 326 truck parking stalls and 475 auto parking spaces. Building 2 can also be connected to an additional parking lot that would accommodate 322 truck parking stalls.

This parking lot would be on a separate parcel and would be used either for overflow parking or as standalone use. As a result, the POCC would provide for a total of 1,058 truck parking stalls and 986 auto parking spaces on -site. Pursuant to Sections 5.106.5.2 and 5.106.5.3.2 of the 2022 California Green Building Standards Code, 32 of the parking spaces would be designated for low -emitting, fuel efficient, and carpool/vanpool vehicles, and an additional 99 spaces would be designated for electric vehicles (California Code of Regulations, Title 24, Part 11). r.VNERNM
Access to the POCC site would be from a newly constructed public roadway (i.e., southern extension of Wildwood Canyon Road) that would connect to Live Oak Canyon Road. Since the Wildwood Canyon Interchange Project would not be constructed until after buildout of the Pacific Oak Commerce Center project, the newly constructed roadway would terminate just north of Building 2.

Building 1 would be accessible via two (2) 50-foot-wide driveways. Both driveways would give full access to both trucks and passenger vehicles. Building 2 would be accessible via three (3) driveways —two (2) would be 50 feet wide for full access for trucks and passenger vehicles, and one (1) would be 30 feet wide to provide additional access only for passenger vehicles to the parking lot.

Emergency access would be available through the YVWD facility until the Wildwood Canyon Interchange Project and the adjoining property east of their site are developed. o

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08/26/2024 City Council Agenda 1 o o

Site Grading:

One of the key driving factors for the POCC site design is to 1) leverage the hillside adjacent to I-10 to effectively screen the buildings from public view, particularly viewsheds for those traveling along I-10, and 2) allow for the site to balance all of the earthwork needed to from the pads onsite, meaning that there should be no import or export needed of dirt to the site. 2320
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Sight Line Exhibit for POCC showing no views from 1-10
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08/26/2024 City Council Agenda 101

The following renderings provide a street -oriented view of where the project is located. These renderings are not meant to be a marketing -type of exhibit, and therefore no trees or landscaping are shown. However, the areas depicted in green represent the property itself, and the building locations are shown in grey. In the key community viewpoint areas, the buildings would not be visible. The origin of the renderings is from the following video: Video Line of Sight Rendering - POCC � o�- o . a D - o - o ' � i I
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The site grading within the new road to the warehouses limits visibility until one approaches the entrances.

No portion of the building is visible from this view along 1-10. 08/26/2024 City Council Agenda 102

No portion of the building is visible from the EB I-10 offramp at Live Oak Canyon.

Infrastructure Enhancements:

One of the more notable infrastructure improvements that would occur is the construction of approximately 20,690 linear feet of off -site domestic public water lines to the POCC. The new connection would begin at Avenue D and Oak Glen Road to the north and run south under the I-10 within Live Oak Canyon and then easterly in the new proposed road leading to the POCC project.

This water infrastructure would provide a direct benefit to other projects within the FCSP area and would also tie in roadway pavement improvements to Oak Glen Road.

Another key improvement would be along the Live Oak Canyon roadway segment. As part of the analysis of the POCC, traffic counts were collected in October to best incorporate the roadway demands that would occur during the peak Pumpkin Factory season. Roadway improvements have been conditioned that would improve the Level of Service from both the demands of the FCSP development, including the POCC, but also for those that are associated with the seasonal attraction that brings visitors throughout the region to the City of Yucaipa.

Parcel Map:

As part of the site configuration of the POCC project, Parcel Map 20533 is proposed which would consolidate the different parcels to the layout of the POCC buildings and residential areas. The final configuration of the map may adjust as needed to ensure that future lot boundaries align with the different elements of the POCC development.
08/26/2024 City Council Agenda 103

Architectural Review:

POCC Architectural Rendering
The applicant has submitted an architectural design package for the proposed warehouse and the preliminary landscape plan design for the overall site (attached) and requests approval as required in the Conditions of Approval. The proposed concrete tilt -up building includes a craftsman -inspired architectural style that provides building finish colors and materials, along with architectural detailing that ties in with the intended style, while recognizing the form and building mass requirements for the proposed use and the associated method of building construction. The main entrance to the buildings, located along the corners of the structure, have been designed within a decorative tower element that includes a gable roof design with standing seam metal, and a vertical standing seam along the walls of the tower to provide a farmhouse -inspired design. This tower element is replicated along different sections of the building to further integrate the design. Outside of elevations that feature the truck dock doors, projecting elements are included that feature decorative parapet caps and clerestory windows. Additional efforts have been made to provide variable massing along the building to increase architectural interest, including variable building heights. While the architectural influence is the same, unique color palettes have been provided for each building to add a degree of distinction. 08/26/2024 City Council Agenda 104

Additional POCC Architectural Rendering
The preliminary landscaping plan has been designed to complement the building design and provide a visual screen along the perimeter of the site. The proposed Project includes drought tolerant ornamental landscaping that includes 24-inch box trees, with evergreens such as live oak trees, Mondell pines, and bottle trees, as well as deciduous trees such as sycamores. The design includes a shrub palette for background areas and foreground areas, and additional ground covers to screen the proposed building, infiltration/detention basin, and parking and loading areas. A separate natural planting palette is proposed for open space slopes. As noted in the site grading discussion, specific care was taken to ensure that the structure is not visible from the public right of way for I-10 or Live Oak Canyon Road. The landscaping has been conditioned to meet the City's Water Conservation Ordinance and will be subject to review by the City's contract Landscape Architect.

Project Related Revenue Projections:

The following list provides a simplified breakdown of the revenue associated with the POCC project.

However, this list does not include permitting fees, the ongoing CFD revenue, a fair -share payment for a ladder fire truck, or sales tax that would be associated with some sort of point -of -sale tenant. As a result, the one-time and ongoing revenues would be higher. Other investments also will include the necessary infrastructure upgrades to serve the plan area, including roadway improvements and the water line improvements noted previously.
08/26/2024 City Council Agenda 105

School Fees — Calimesa Joint Unified School District
$1,519,960
City of Yucaipa development Impact Fees
Drainage Facilities Fees
$1,835,462
Traffic Facilities Fees
$8,877,388
Public Facilities Fees
$1,195,428
Fire Facilities Fees
$706,576
Total School and ❑IF Fees
$14,134,814
Property Taxes - $2,225,328
City of Yucaipa allocation @ .24517699 $545,599
Property Tax in Lieu of Vehicle License Fee $244,018
Total Recurring Fees $789,617
June 5, 2024, Planning Commission Hearing:

The update to the FCSP was reviewed by the Planning Commission at their regularly scheduled meeting of June 5, 2024. As part of the discussion, the Commission noted support for the ability of the FCSP to provide opportunities for commercial activity that can help serve Yucaipa residents and provide opportunities to increase the City's sales tax base. In addition, the Commission recognized the approach to the proposed POCC project's design, which satisfies the demand for warehouse/business park uses while limiting the visibility of such uses.

However, much of the discussion focused on the existing Pumpkin Factory site and the proposed Agricultural Tourism land use district. The Commission recognized the value of the existing use and the significance of their role in the community, and identified concerns that the proposed land use plan would create impediments to their operations into the future. As a result of these concerns, the Planning Commission voted to continue the FCSP Update to July 17, 2024, to allow time for staff and the Pumpkin Factory site to further refine the applicable provisions of the FCSP to best meet their needs.

July 17, 2024, Planning Commission Hearing:

Following the June 5, 2024, Planning Commission hearing, staff and the owner of the Pumpkin Factory discussed potential changes to the FCSP that would best meet their long-term goals for the site, as well as address the comments and concerns provided by the Commission.

As a result of these discussions, two potential directions were determined as feasible solutions. One option is to omit the Pumpkin Factory from the FCSP. Their previously approved Conditional Use Permit would continue to remain in effect and the current uses would remain as an allowable activity under the underlying Planned Development land use district. Alternatively, additional modifications to the FCSP could also be made. This includes the renaming of the "Agricultural Tourism" land use district to "Agro-Commercial Tourism," which would better highlight the commercial nature of the site while respecting the unique elements of the existing operations. In addition, other modifications 08/26/2024 City Council Agenda 106

that were supported by the owner are also included with the updated Errata sheet, which documents proposed changes to the FCSP that occurred after the public draft was circulated. The property owner included support for remaining within the plan, provided the errata was adopted to reflect the proposed changes and clarifying elements.

The Project was then presented to the Planning Commission at their July 17, 2024, hearing. The property owner for the Pumpkin Factory reiterated their support for the update. The Planning Commission ultimately made a motion to recommend approval of the plan; however, the motion did not achieve a majority consensus, resulting in a denial of the recommendation. Feedback by a Commissioner noted that a greater emphasis on commercial land area was needed, and that additional time would have been helpful to suggest revisions that would address that concern; however, no formal findings for a denial were provided.

ENVIRONMENTAL REVIEW:

In conformance with CEQA, the State CEQA Guidelines, and the City of Yucaipa CEQA Guidelines, the City of Yucaipa serving as the Lead Agency has conducted an extensive environmental review of the proposed Project through the preparation of a Subsequent Environmental Impact Report (SEIR), which compares the implementation of the FCSP update relative to the existing FCSP and the analysis that had been previously completed. As a result, the City has met all of the review requirements and procedural requirements of State Law, which are outlined below.

Analysis
Through the Initial Study preparation and scoping meeting discussion, an SEIR was prepared addressing the following issues:
• Aesthetics
• Air Quality
• Biological Resources
• Cultural Resources
• Geology and Soils
• Greenhouse Gas Emissions
• Hazards and Hazardous Materials
• Hydrology and Water Quality
• Land Use and Planning
• Noise
• Population and Housing
• Public Services
• Recreation
• Transportation/Traffic
• Tribal Resources
• Utilities and Service Systems
• Wildfire
08/26/2024 City Council Agenda 107

A variety of technical studies, which are provided as appendices to the SEIR, provide substantiation to the environmental analysis for the Project. The analysis considered the "whole of an action," and assessed the construction -related impacts, as well as the operational impacts, including traffic impacts from the proposed changes from the existing FCSP.

The fundamental purpose of CEQA is to "inform decision makers and the public about the potential, significant environmental effects of proposed activities" and "disclose to the public the reasons why a governmental agency approved the project in the manner the agency chose." Pursuant to Section 15043 of the CEQA Guidelines, a "public agency may approve a project even though the project would cause a significant effect on the environment if the agency makes a fully informed and publicly disclosed decision."
The Draft SEIR was made available for a 45-day public review period from February 8, 2024, to March 25, 2024. Several public and agency comments were received, and the responses to those comments and any necessary changes to the Draft SEIR are included as part of the Final SEIR.

Based upon the analysis that was conducted, the Project would continue to result in a significant and unavoidable environmental impact for Air Quality, Greenhouse Gases, and Noise. As a result, Findings of Overriding Considerations are required for the City Council to approve the Project.

Mitigation Measures:

The analysis within SEIR identified a number of feasible mitigation measures that would reduce most of potential environmental impacts to below a level of significance. Mitigation measures are provided for the following topics: Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Greenhouse Gas Emissions, Hydrology & Water Quality, Tribal Cultural Resources, and Wildfire. As required by State Law, the Project includes the adoption of a Mitigation Monitoring and Reporting Program, which has been prepared in conformance with Section 21081.6 of the CEQA Guidelines. The measures would be implemented throughout the development of the Project, as identified in the Mitigation Monitoring and Reporting Program.

CONCLUSION:

The FCSP is a policy decision that requires the City Council's consideration and formal action following its review by the Planning Commission. The FCSP has historically represented a key development area of the City, that included a substantial amount of commercial and residential development. The proposed update is an evolution of that plan, and generally retains the overall number of permitted housing units, and transfers some of the commercial development area, which had diminished because of e-commerce activity, for warehouse uses that would not be visible along the I-10 and other view corridors. The resulting changes would substantially increase the overall economic output of the FCSP, provide housing for current and future housing cycles, meanwhile reducing the overall number of vehicular trips (81,073 trips during the weekday) compared to the existing FCSP. Draft Findings of Approval are provided if there is interest in the plan; the City Council can modify the Findings based on the majority consensus, as well as make any revisions to the FCSP that are deemed necessary to better meet the necessary Findings. 08/26/2024 City Council Agenda 108

Attachments:

1. Draft Specific Plan Findings

2. Draft Conditional Use Permit and Parcel Map Findings for Pacific Oaks Commerce Center

3. Resolution No. 2024-19

4. Ordinance No. 448

5. Economic Impact Analysis

6. Draft Freeway Corridor Specific Plan

7. Draft Errata Sheet for the Freeway Corridor Specific Plan

8. Public Comment Letters

9. June 5, 2024, Planning Commission minutes

10. Draft July 17, 2024, Planning Commission minutes

11. Draft Environmental Impact Report (under separate cover)

12. Final Environmental Impact Report (under separate cover)

13. Mitigation Monitoring and Reporting Program (under separate cover)

14. Project Plans for Pacific Oaks Commerce Center
The Specific Plan, Draft EIR, Final EIR, and Project -related environmental documents are available for the public at City Hall or via the following links: https://yucaipa.goy/wp- content/uploads/dev_svcs/EIR/FCSP/Yucaipa FreewayCorridor SpecificPlan_Jan2024.pdf?. t= 1706659526 & https://yucaipa.gov/environmental-review/ .

Approved by:
08/26/2024 City Council Agenda 109

ATTACHMENT 1
08/26/2024 City Council Agenda 110

The following are draft Findings of Approval for the Specific Plan. The Planning Commission shall review these findings and make any modifications deemed necessary. If the Planning Commission does not recommend approval of the Specific Plan, guidance shall be provided that identifies where these Findings are not met, which will then be updated accordingly.

FINDINGS: SPECIFIC PLAN NO.24-044
The Final Subsequent Environmental Impact Report (SCH# 2006041096) prepared for this Project adequately discusses the potential impacts of the Specific Plan Update and disclosed to decision makers and the public that there are significant and unavoidable environmental impacts related to Air Quality, Greenhouse Gases, and Noise. As a result, a Statement of Overriding Considerations is being adopted pursuant to the provisions of CEQA. The Freeway Corridor Specific Plan (FCSP) SEIR was completed in compliance with CEQA and the Guidelines promulgated thereunder; and the FCSP SEIR reflects the independent judgment of the City.

2. The Specific Plan Update is consistent with the General Plan, because it implements the City's adopted goals and policies from the 2016 General Plan policies, as well as the 6t' Cycle Housing Element. The initial policies of the General Plan are found under Community Design and Land Use (CDL), under Goal CDL-1, Land Use Mix, that states "A community with adequate sites for housing, parks, business, and institutional uses that meet local need for housing, employment, recreation, and services." The policies promote "for a range of housing types, locations, and densities in a variety of neighborhood settings" (CDL-1.1) and encourages the City to also provide "sites for a range of commercial uses, including shopping, dining, entertainment, and offices that provide a strong employment base and offer local services" (CDL-1.2) and "improve industrial uses that provide manufacturing employment opportunities" (CDL1.3). The FCSP update provides for a greater range of housing opportunities that align with market demand and provides opportunities for commercial and industrial uses along I-10 to create a new employment base for the community. However, key elements of the FCSP are included specifically under CDL-7, with a goal to provide a "complete community that offers an array of exceptional housing, parks and open space, and commerce and industrial uses while respecting the environmental features of Live Oak Canyon." With an effort to maintaining the original Planning Objectives, the update to the FCSP meets the policies listed under CDL-7 for the Freeway Corridor but providing the necessary infrastructure to support the planned growth and leverages a variety of land uses to create a complete community with access to jobs, retail, open space and agriculture, and housing. The land use plan has also been configured to preserve key hillsides and scenic areas, including those along I-10 or Oak Glen Road, to maintain a rural atmosphere, and higher visibility and intensity uses such as industrial are hidden from those viewsheds. Areas of biological sensitivity are to be within the Open Space — Conservation district. Similar to the CDL section of the General Plan, the chapter for Economic Development also includes its own associated goals and policies for the Freeway Corridor area. Goal ED-3 states that the City should prioritize a "fully developed Freeway Corridor that provides office -based employment, accommodates large -format retailers, and attracts consumer spending from the region while maintaining and enhancing a unique sense of place in Yucaipa." The design standards, infrastructure layout, and implementation of the FCSP, along with supportive elements such as Enhanced infrastructure Financing Districts, will 08/26/2024 City Council Agenda 111

help to meet the General Plan policies. An analysis of applicable policies is further elaborated as part of Exhibit A of the Specific Plan Findings

3. The Specific Plan Update specifies through text and/or diagrams the distribution, location, and extent of the uses of land, including open space, within the area covered by the plan. The existing Freeway Corridor Specific Plan (FCSP), adopted in November 2008, allows for development of up to 2,447 residential units on 424.7 acres and up to 4,585,779 square feet of nonresidential uses on 242.7 acres within the 1,242-acre plan area. The proposed update to the FCSP (Case No. 24- 044/GPA/SPA) would result in a total of 2,472 residential units and 5,093,265 square feet of nonresidential uses. Updated figures and exhibits are included to reflect the changes to the plan.

4. The Specific Plan Update specifies through text and/or diagrams the proposed distribution, location, extent, and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan.

5. The Specific Plan Update specifies through text and/or diagrams the standards and criteria by which development will proceed and the standards for the conservation, development, and utilization of natural resources, where applicable. Tailored development standards are included to provide high -quality residential development, as well as commercial and industrial development.

Further, provisions are included to facilitate the orderly operation of the existing Pumpkin Factory and help sustain the historic agrarian roots of the area.

6. The Specific Plan Update specifies a program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out Findings 3, 4 and

5. 7. The Specific Plan includes a statement of the relationship of the Specific Plan to the General Plan, Development Code, and any applicable plan. The statement listed under Section 1.6 of the FCSP is as follows:
"The General Plan for the City of Yucaipa identifies major goals that are intended to preserve the community's "rural atmosphere" and are relevant to the Specific Plan area. The City uses various growth management measures to achieve these goals and to mitigate any adverse impacts associated with the projected growth in population." Section 1.8 further states:

This specific plan is enacted pursuant to Section 65450 et seq. of the California Government Code. A specific plan is a regulatory tool that local governments use to guide development in a local area consistent with the general plan. While the general plan is the primary guide for growth and development in a community, a specific plan is able to focus on the unique characteristics of a special area by customizing the planning process and land use regulations to that area. In accordance with state law, a specific plan shall include text and diagrams that specify:
08/26/2024 City Council Agenda 112

• The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan.
• The proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, and other essential facilities proposed in the area covered by the plan and needed to support the land uses described in the plan.
• Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable. • A program of implementation measures, including regulations, programs, public works projects, and financing measures necessary for implementation.

In the Specific Plan area, no building or structure shall be erected, constructed, or structurally altered, nor shall any building, structure, or land be used, except as authorized by the Specific Plan and by relevant provisions of the Yucaipa Municipal Code (YMC). The Specific Plan is intended to replace City zoning regulations except where noted. Where the Specific Plan is silent, the YMC shall apply."

8. The Specific Plan addresses any other subjects that are necessary for implementation of the General Plan.
08/26/2024 City Council Agenda 113

Exhibit A — General Plan Consistency Analysis
Applicable.. 2016
FCSP Consistency
Goals�eneral Plan Policies
GOAL CDL-1: LAND USE MIX
Policy CDL-1.1. Places to Live. Provide sites for a range of housing types, Consistent. The FCSP includes a wide range of housing product types from 2 locations, and densities in a variety of neighborhood settings equipped with du/ac to 24 du acre. As part of the update, additional classifications within the amenities that support a high quality of life.
density ranges were included, including R-12, along with modified development standards to allow for attached, detached, and clustered style housing products, with the average proposed density range intended to meet first time and move -up home buyers.

Policy CDL-1.2. Places for Commerce. Provide sites for a range of Consistent. The FCSP includes both Regional Commercial and Agricultural commercial uses, including shopping, dining, entertainment, and offices that Tourism land use districts that are meant to serve as a regional hub for retail, provide a strong employment base and offer local services; improve restaurants, services, and events. With the proposed update, Regional commercial properties along I-10 through infrastructure, aesthetics, and Commercial areas that are located along a right -turn from Interstate 10 development strategies.
offramps have been increased in size to better accommodate a mix of successful commercial users.

Policy CDL-1.3. Places for Industry. Preserve and improve industrial uses Consistent. The FCSP includes the Business Park land designation that that provide manufacturing employment opportunities, specifically industrial provides areas for industrial, and business uses. The update expands the areas properties along 110, through infrastructure upgrades, enhanced aesthetics, for business park uses to better align with the current and planned commercial and new business development strategies.
real estate market demands, but in a way that helps to minimize the view of the larger sized structures associated with such industrial uses.

Policy CDL-1.4. Places for Recreation and Conservation. Provide parks, Consistent. The FCSP update includes standards and roues for multipurpose recreational facilities, and multi -functional open spaces in sufficient quantities trails and road standards for multimodal accessibility. The FCSP update uses and in a manner that is consistent with the Emerald Collar articulated in the the Open Space district to serve as a greenbelt between various uses and also Parks, Recreation, Trails, and Open Space Element.
introduces the Open Space — Conservation district to help preserve sensitive environments.

Policy CDL-1.5. Transportation System. Develop and maintain a Consistent. The FCSP creates a functional transportation system within the transportation system that is closely coordinated with land use planning project area that adheres to the Circulation Plan of the General Plan. The FCSP includes roadway improvements to all existing and proposed roads 08/26/2024 City Council Agenda 114

decisions, moves people and goods efficiently and safely, and is designed to throughout the plan area that will effectively facilitate the movement of accommodate and promote scenic viewsheds.
vehicles and pedestrians. Furthermore, the FCSP is designed to integrate with the long -planned Wildwood Canyon Interchange, and impact fees collected by the proposed development will help provide funding for the construction of that specific project.

Policy CDL-1.7. Centers of Activity. Promote the development of distinct, Consistent. The FCSP includes a wide range of residential, commercial, well -designed focus areas that are served by transit, contain a mix of industrial, and agricultural uses to serve the community and beyond. Public commercial or civic activities, are supported by adjacent residential areas, and uses will also be permissible within the plan area to address the future needs of serve as focal points in the community.
the community.

Policy CDL-1.8. Overlay Districts. Require that development projects comply Consistent. The FCSP is currently listed as part of the City's overlay districts. The with applicable regulations in the municipal code when the underlying parcels update provides modified standards that help to address significant changes to are located within a designated overlay district.
the commercial and residential development markets that occurred after its initial adoption in 2008.

GOAL CDL-2: HILLSIDES AND RIDGELINES
Policy CDL-2.2. Viewshed. Preserve views to and from hillsides and Consistent. The views to the hillsides and ridgelines are an important asset ridgelines to maintain the image and quality of Yucaipa where overlay districts identified in the FCSP. Following City Council direction, key views and apply. Preserve canyons, ridgelines, and rock outcrops through regulation of ridgelines are identified and left as open space greenbelts that would help development as appropriate.
preserve the views from roadways such as Interstate 10.

Policy CDL-2.4. Grading. Encourage natural grading techniques that blend Consistent. The updated development requirements of the FCSP included with existing topography, grading should use rounded contours on slopes to specific provisions on contour grading and the creation of undulating slopes minimize disturbance. Encourage the preservation of the physical shape of the that will provide a naturalistic appearance as landscape matures. hillside and views where feasible.

Policy CDL-2.7. Site Planning. Promote land use patterns that are consistent Consistent. Refer to Policy CDL-2.2.
with the slopes, landform, vegetation, and scenic quality of hillsides. Ensure projects fit the natural site topography rather than altering natural topography or features to accommodate a stock pad.

GOAL CDL-4: CORRIDORS AND VIEWSHEDS
Policy CDL-4.4. Scenic Corridors. Protect designated scenic corridors Consistent. Live Oak Canyon Road is a designated scenic corridor that runs (Yucaipa Boulevard, Live Oak Canyon Road, Oak Glen Road, Wildwood through the Plan Area. The FCSP includes updated standards for the roadway to maintain the view of the corridor, and works to preserve the Pumpkin 08/26/2024 City Council Agenda 115

Canyon Road, and Bryant Street) by adhering to development requirements in the municipal code and policies in the General Plan.

GOAL CDL-5: COMMUNITY IMAGE
Policy CDL-5.2. Districts. Recognize the strong identities of individual districts —North Bench, Wildwood Canyon, Central Core, Dunlap Acres, Chapman Heights, and the Freeway Corridor —with entry monuments, street signs, and/or landscaping and lighting.

Policy CDL-5.3. Gateways. Highlight major arrival and departure points along the community's edge by requiring distinctive building design elements, streetscapes, decorative signage, landscaping, and/or other enhancements at strategic gateway locations.

GOAL CDL-7: FREEWAY CORRIDOR -
Policy CDL-7.1. Complete Community. Design an integrated addition to Yucaipa containing housing, employment opportunities, retail/commercial areas, parks, and other facilities essential to the daily lives of residents.

Policy CDL-7.2. Housing. Expand the range of housing opportunities (single, multiple -family, and/or mixed -use housing) to meet the needs of a variety of household types, sizes, and income levels.

Factory, a long-established agrarian use that serves the greater region, along with the preservation of key hillsides as referenced by the consistency analysis of CDL-2.2.

Consistent. The FCSP has been established by the City as a future hub of new housing and commercial activities. The update maintains these elements, but makes necessary modifications to best meet market demands, add flexibility where necessary, and provides more deliberate attention to which uses are built in specific areas of the plan to best ensure that the General Plan policies and goals, as well as the existing FCSP objectives, can be met.

Consistent. See response to CDL-5.2.

Consistent. The FCSP includes both Regional Commercial and Agricultural Tourism land use districts that are meant to serve as a regional hub for retail, restaurants, services, and events. With the proposed update, Regional Commercial areas that are located along a right -turn from Interstate 10 offramps have been increased in size to better accommodate a mix of successful commercial users. To support the City's economic growth, the Business Park standards have been updated to best capture the market demands for industrial space, while minimizing its view to the community.

Open space, and a wide range of housing opportunities are also provided.

Consistent. The FCSP includes a wide range of housing product types from 2 du/ac to 24 du acre. As part of the update, additional classifications within the density ranges were included, including R-12, along with modified development standards to allow for attached, detached, and clustered style housing products, with the average proposed density range intended to meet first time and move -up home buyers.
08/26/2024 City Council Agenda 116

Policy CDL-7.3. Recreational Amenities. Provide an abundance and variety of I Consistent. The FCSP update includes standards and roues for multipurpose interconnected open space, parks, and trails throughout the specific plan area that offer residents high quality recreational opportunities.

Policy CDL-7.4. Safe and Efficient Circulation. Ensure a safe and efficient circulation system that adequately supports the anticipated level of traffic in and around the specific plan area.

Policy CDL-7.5. Financing and Infrastructure. Explore and consider a financing and phasing plan that provides for the efficient and timely provision of infrastructure and services as development occurs.

Policy CDL-7.6. Adjacent Development. Comprehensively plan the area with consideration of other contiguous areas to ensure compatible and complementary development, circulation patterns, infrastructure, and services.
trails and road standards for multimodal accessibility. The FCSP update uses the Open Space district to serve as a greenbelt between various uses and also introduces the Open Space - Conservation district to help preserve sensitive environments.

Consistent. The FCSP creates a functional transportation system within the project area that adheres to the Circulation Plan of the General Plan. The FCSP includes roadway improvements to all existing and proposed roads throughout the plan area that will effectively facilitate the movement of vehicles and pedestrians. Furthermore, the FCSP is designed to integrate with the long -planned Wildwood Canyon Interchange, and impact fees collected by the proposed development will help provide funding for the construction of that specific project. As part of the project analysis, traffic counts were conducted during the peak Pumpkin Factory seasonal traffic period to provide design recommendations under a worse -case scenario. Along with such improvements, the improve mix of uses will also reduce the Vehicles Miles Traveled (VMT) of users relative to the existing FCSP standards.

The City has recently adopted an Enhanced Infrastructure Financing District (EIFD) that includes the FCSP area to help provide funding for future infrastructure needs of the community. In addition, the FCSP includes provisions for the funding of Community Facilities Districts or some other approved method to help fund infrastructure and public safety needs. A fair share agreement will also be required for taller and wider structures to offset the costs of an aerial ladder fire truck, along with funding by a Community Facilities District to maintain that specific infrastructure. And lastly, the FCSP update works to remove potential land use away from blue line stream areas, which will help reduce the cost of infrastructure upgrades while allowing for increased economic benefits to the City.

Consistent. The FCSP provides for transitions for all the surrounding uses, including those within the City of Redlands along the northwest portion of the Plan, those planned (under the adopted and the newly proposed update) Mesa 08/26/2024 City Council Agenda
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Verde Specific Plan within the City of Calimesa, and the existing uses found north of the plan area within the City of Yucaipa.

Policy CDL-7.7. Rural Character. Comprehensively plan the area so that the Consistent. The views to the hillsides and ridgelines are an important asset important rural community character and sense of place is retained, as identified in the FCSP. Following City Council direction, key views and reinforced by significant views to open space and hillsides. ridgelines are identified and left as open space greenbelts that would help preserve the views from roadways such as Interstate 10. The FCSP includes updated standards for the roadway to maintain the view of the corridor, and works to preserve the Pumpkin Factory, a long-established agrarian use that serves the greater region.

Policy CDL-7.8. Hillside Development. Ensure that the plan and subsequent Consistent. The views to the hillsides and ridgelines are an important asset development complies with the City's development code related to hillside identified in the FCSP. The FCSP omits the generic mathematical calculation development; protect ridgelines and scenic views.
for open space preservation, and instead deliberately focuses on key viewsheds, including those along Interstate 10 and Oak Glen Road, to establish areas that are to be preserved.

Policy CDL-7.9. Area Resources. Protect and preserve sensitive wildlife Consistent. The FCSP update uses the Open Space district to serve as a habitat, waterways, wildlife corridors, cultural and paleontological resources, greenbelt between various uses and also introduces the Open Space - and other assets in accordance with state and federal law.

Conservation district to help preserve sensitive environments.

GOAL CDL-10: DESIGN QUALITY
Policy CDL-10.1. Development Review. Implement and adhere to Consistent. The FCSP includes design and development standards, as well as development review procedures and design guidelines in the City of Yucaipa leverages the Citywide Design Guidelines (which includes Section 2.4.3 Municipal Code that advance the visual quality of the community.

Freeway/Gateway Guidelines that provides additional specificity for the area) to create quality design.

Policy CDL-10.3. Site Planning. Identify and preserve the positive Consistent. The FCSP maintains a balance of uses and areas for greenbelts and characteristics and features of a site, such as viewsheds, heritage trees, and natural open space to best accommodate the already -planned growth while rock outcroppings, during the design and development of new projects. leveraging resources wherever possible.

Policy CDL-10.4. Design Variation. Encourage identifiable architectural Consistent. The FCSP includes design and development standards, as well as designs, design variations, and well -planned projects that are visually leverages the Citywide Design Guidelines (which includes Section 2.4.3 interesting, neighborhood or district oriented, and well -integrated with the Freeway/Gateway Guidelines that provides additional specificity for the area) surroundings.
to create quality design. In addition, the wider range of housing densities 08/26/2024 City Council Agenda 118

Policy CDL-10.8. Safe Community Design. Require the use of CPTED principles (Crime Prevention Through Environmental Design), including creating opportunities for "eyes on the street" and clearly distinguishing between public and private spaces to enhance community safety. allows for a wider variety of building types and forms to increase the variation within the plan area.

Consistent. The FCSP includes provisions for the use of CPTED principles.

Applicable City of •. Housing Element
FCSP Consistency
General Plan Goalsand Policies
GOAL HN-1: HOUSING AND NEIGHBORHOODS
Policy HN 1.6. Neighborhood Identity. Recognize, preserve, and enhance Consistent. The FCSP has long been planned as a key housing area for the city, neighborhood character through adherence to design, development, and other which can leverage its proximity to Interstate 10 and other resources to serve standards in the municipal code, overlay districts, and specific plans. future residents. The update maintains the housing capacity but integrates more standards and a wider range of housing types to serve the community.

Policy HN 1.7. Resident Involvement. Encourage active and informed Consistent. Interviews were conducted with property owners to find potential participation by residents from each neighborhood to identify local needs and issues with the existing FCSP that hindered the ability to meet its original implement programs that beautify, preserve, and improve their objectives.
neighborhoods.

GOAL HN-2: HOUSING SITES
Policy HN-2.1. Balanced Housing Stock. Designate adequate land for a range Consistent. Refer to Policy CDL-1.1.
of housing, including single-family attached and detached, multiple -family housing, and mixed uses, including allowances for flexibility in development standards and lot designs.

Policy HN-2.6. Multiple -Family Housing. Encourage development of higher Consistent. Refer to Policy CDL-1.1.
density housing in the Freeway Corridor, commercial corridors, and other sites where infrastructure, circulation, and service facilities capable of handling such housing is located or planned.

GOAL HN-3: HOUSING DESIGN
08/26/2024 City Council Agenda 119

Policy HN-3.1. Design Features. Require new and rehabilitated residential Consistent. Refer to Policy CDL-10.4.
units to be well designed, with appropriate attention to site planning, materials and colors, building treatments, landscaping, open space, parking, and environmentally sustainable practices.

Policy HN-3.2. Entitlement Process. Offer flexible and streamlined Consistent. The update to the FCSP further streamlines the review of housing entitlement processes that facilitate innovative and imaginative housing projects, leveraging objective design criteria, to best meet Program 11 of the solutions yet balance the developer's need for predictability in the approval certified Housing Element.
process, governmental regulation, and oversight.

Policy HN-3.3 Housing Incentives. Facilitate development of market -rate and Consistent. The update maintains the overall density ranges, but offers far affordable housing through regulatory incentives (e.g., density bonus), permit greater flexibility for housing product types (such s small lot development) processing (e.g., planned or small lot development) and other means where that can effectively cater to resident needs.
feasible and appropriate.

Policy HN-3.4. Natural Environment. Require appropriate measures to Consistent. Refer to Policy CDL-7.9.
protect hillsides, viewsheds, sensitive habitat, oak trees, and other environmental resources in the review of applications for the development, expansion, and improvement of housing.

Policy HN-3.8. Supportive Infrastructure. Facilitate the provision of Consistent. In support of new residential land uses, the FCSP identified the infrastructure and services necessary to encourage new residential infrastructure systems that would be needed to meet the expectations for development commensurate with community goals and expectations for quality of life. The infrastructure would be phased in and will be bought out quality of life.
with implementation of the FCSP.

GOAL PR-1: PARK FACILITIES
Policy PR-1.2. Park Design. Provide a variety of park types (e.g., local, community, special use) and mix of amenities that are tailored to meet the active and passive recreational needs of Yucaipa residents of all ages and abilities.

Consistent. Development standards for new projects allow for project -specific recreational amenities, as well as connectivity to other resources outside of the plan area. The future development would also be subject to the City's Park 08/26/2024 City Council Agenda
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Development Impact Fees, which also provide funding to the variety of park resources.

GOAL PR-3: MULTIPURPOSE TRAILS
Policy PR-3.1. Trail Development. Develop a multipurpose trail system for Consistent. Refer to Policy CDL-1.4. Connectivity is provided throughout the hiking, biking, and equestrians throughout Yucaipa, focusing on drainage Specific Plan, leveraging the proposed roadways and the Open Space channels, hillsides, parks, and other public use areas. designated areas to provide connectivity for Yucaipa residents.

Policy PR-3.3. Environmental Protection. Locate, design, and regulate the use Consistent. Refer to Policy CDL-1.4.
of multipurpose trails so that they do not have a significant negative impact on natural habitat, wildlife, landforms, and cultural resources.

Policy PR-3.6. Regional Connectivity. Coordinate with adjacent cities to Consistent. Connectivity is provided throughout the Specific Plan, leveraging connect Yucaipa's trail network to the trails of neighboring cities to form a the proposed roadways and the Open Space designated areas to provide multi -jurisdictional system that extends to the forest, badlands, and other connectivity for Yucaipa residents.
areas.

GOAL PR-4: NATURAL OPEN SPACES
Policy PR-4.4. Oak Tree Preservation. Preserve the City's heritage oak trees Consistent. Mitigation Measures are included within the Project area that through adherence to the Oak Tree Conservation regulations in the Yucaipa specific that an Oak tree report is required as part of a project -specific review, Municipal Code, proper tree care and maintenance, and other efforts. and any impacts to Oak Trees are mitigated pursuant to the City's adopted requirements.

Policy PR-4.5. Creek Preservation and Restoration. Protect the integrity of Consistent. The FCSP update includes a new land use district, Open Space - natural drainage channels; secure grants and support to restore and preserve Conservation, that is meant to best protect sensitive habitats, including Yucaipa's creeks in a naturalized state for aesthetic, recreational, and wildlife drainage channels. The proposed land use arrangements have been developed value to the extent practical.
to avoid key areas to the extent feasible, which better protects the environment and helps to reduce infrastructure and development costs.

Policy PR-4.7. Scenic Resources. Protect Yucaipa's scenic resources, including Consistent. Refer to Policy CDL-2.2.
scenic corridors along roads and views of the hillsides, prominent ridgelines, canyons, and other significant natural features, to the extent practical.

GOAL PR-5: BIOLOGICAL RESOURCES
08/26/2024 City Council Agenda 121

Policy PR- 5.1. Resource Protection. Protect and conserve Yucaipa's biological Consistent. Refer to Policy PR-5.1.
resources, with a special focus on sensitive, rare, or endangered plant and wildlife species in accordance with state and federal resource agency requirements.

Policy PR-5.3. Wildlife Corridors. Participate in the planning of drainage Consistent. Refer to Policy PR- 5.1.
channels, ridgelines, and other areas that provide potential wildlife linkages between open space areas in the community and the vicinity.

Policy PR-5.4. Biotic Resources Overlay. Require proposed land uses and Consistent. Refer to Policy PR-5.1.
development projects to conduct appropriate biological resource studies and propose mitigations where needed to address potential resource impacts.

GOAL ED-1: THE LOCAL ECONOMY
Policy ED-1.1 Employment and Revenue Focus. Invest public resources and Consistent. The FCSP has long been established as a planned economic hub exercise discretionary land -use authority to support the retention, expansion, for the City, leveraging freeway access and exposure. The update maintains the and attraction of businesses that generate a higher number of jobs per acre overall approach but has been updated to meet market demands. and higher net municipal revenues per acre.

Policy ED-1.6. Integrity of Industrial Areas. Maintain the long-term viability Consistent. The FCSP update provides greater clarity on the Business Park of areas designated for industrial use by prohibiting non -industrial uses and regulations to provide areas for industrial uses.
collaborating with property owners to fund the upgrade and maintenance of roads and other infrastructure.

Policy ED-1.7. Manufacturing. Maintain contacts with manufacturing trade Consistent. The FCSP update provides greater clarity on the Business Park organizations, industrial real estate brokers, and developers to build a regulations to provide areas for manufacturing uses.
knowledge base upon which to review availability of sites and facilities, planning and zoning requirements, and infrastructure to ensure Yucaipa supports manufacturing businesses.

GOAL ED-2: RETAIL, ENTERTAINMENT, TOURISM
Policy ED-2.1. Retail Sales Growth. Invest in the retention, expansion, and Consistent. See response to Policy ED-1.1 The proposed Regional Commercial attraction of retail businesses (including dining, shopping, and entertainment) areas have expanded along areas that are a right turn from Interstate 10 in economic sectors that are underrepresented in Yucaipa. 08/26/2024 City Council Agenda 122

offramps, which provide greater visibility and marketability of the land for retail -based tenants.

Policy ED-2.2. Experience -Oriented Shopping. Prioritize initiatives, Consistent. The FCSP includes design and development standards, as well as investments, and development projects that create or improve amenity -rich, leverages the Citywide Design Guidelines (which includes Section 2.4.3 pedestrian -friendly, experience -oriented commercial districts while Freeway/Gateway Guidelines that provides additional specificity for the area) encouraging such districts to be distinct from one another. to create quality design.

Policy ED-2.5. Tourism. Promote tourism to provide market support for Consistent. The update to the FCSP continues the operation of the Live Oak shopping, dining, and entertainment in Yucaipa. Working with business and Pumpkin Factory, which is a notable regional attraction in fall and winter. In civic groups, develop a complete tourism infrastructure, including marketing, addition, because of the federal recognition of the Yucaipa Valley American public relations, wayfinding, and an array of lodging.

Viticultural Area, agricultural and agricultural tourism uses are specifically included to create a tourism destination.

Policy ED-2.7. Fulfillment Centers. Monitor trends in e-commerce's retail Consistent. Refer to Policy ED-1.6. As demand for fulfillment centers have sales and the development of fulfillment centers to determine if and when the grown, including the development of such a facility in the FCSP, updated General Plan should be re-evaluated to promote development of fulfillment development standards are proposed to located warehouse structures away centers to bolster the City's sales tax revenues.
from key view corridors, as well as protect areas meant for more retail and "Experience -Oriented Shopping" opportunities, while meeting market demands.

GOAL ED-3: FREEWAY CORRIDOR
Policy ED-3.1. Vision and Branding. Collaborate with property owners and Consistent. Refer to Policy CDL-10.1, CDL-10.3, and CDL-10.4. other stakeholder in the Freeway Corridor District to formulate a contemporary vision and branding to support the development of the area.

Policy ED-3.2. Image from I-10 Freeway. Work collaboratively with the Consistent. Refer to Policy ED-3.1, as well as CDL-2.2, and CDL-5.2. business community and property owners to improve the appearance and image in a consistent manner for the developed portion of the City along the 1-10 freeway.

Policy ED-3.3. Western Gateway. Establish and strengthen a western gateway Consistent. Refer to Policy ED-3.1, as well as CDL-2.2, and CDL-5.2. to Yucaipa that balances convenient access from the I-10 freeway and conveys the image of Yucaipa that residents desire for their community. 08/26/2024 City Council Agenda 123

Policy ED-3.4. Infrastructure. Invest in public infrastructure to correct Consistent. Refer to Policy CDL-7.5.
deficiencies that restrict economic development, as appropriate. When needed to fully fund infrastructure, condition public investments on property owner participation in funding mechanisms.

GOAL T-1: A COMPREHENSIVE STREET NETWORK
Policy T-1.1. Roadway Buildout. Complete the circulation system by Consistent. Refer to Policy CDL-1.5. Specific roadway standards are included constructing or improving roadways consistent with Figure T-1; allow that offer a hierarchy of traffic volumes for both vehicles and pedestrians. modified standards where appropriate to allow for transit, bicycle facilities, sidewalks, and on -street parking to be sensitive to adjacent land uses, districts, and roadway users.

Policy T-1.4. Truck Routes. Designate truck routes to allow the safe and Consistent. Refer to Policy CDL-1.5. Truck traffic is limited to key arterial efficient movement of goods for commerce and industry, minimize conflicts roadways where road width, stacking capacity, and roadway flow can with auto traffic, and minimize incompatibility with other land uses. accommodate the necessary volumes. The traffic analysis was completed during the fall season to capture the peak pumpkin patch traffic.

Policy T-1.5. Multimodal Access. Assess roadway operations for new Consistent: The roadway design of the FCSP includes access for vehicles, development and infrastructure projects so that roadways can accommodate bikes, and pedestrians.
safe and convenient access and travel for all users, including motorists, bicyclists, pedestrians, and transit users.

GOAL T-2: TRANSPORTATION SYSTEM OPERATION
Policy T-2.1. Level of Service. To promote the safe and efficient movement of Consistent. The traffic analysis was completed during the fall season to vehicular traffic, maintain a minimum level of service (LOS) C on all capture the peak pumpkin patch traffic and infrastructure recommendations intersections and road segments except for two conditions:
have been incorporated into the design to address LOS requirements. In • At roadway intersections where traffic movements are controlled by addition, the planned Wildwood Canyon Road interchange project, which is roundabouts, LOS D shall be acceptable (e.g., average control delay of in the environmental review process with CALTRANS, would further improve 30 seconds per vehicle or better).
the flow of traffic. Based on the land use changes, the peak traffic volume would decrease by over 80,000 trips a day.
• On roadway segments where a roundabout controls at least one of the intersections at the ends of the segment, the lower half of LOS D shall be acceptable (e.g., V/C ratio of 0.849 or better).
08/26/2024 City Council Agenda 124

On -street parking, improvement levels, roundabouts, and infrastructure may be considered in furthering acceptable levels of service, safety, and other priorities.

Policy T-2.2. Multimodal Network. Assess roadway operations for new Consistent. Refer to Policy T-1.5. The VMT analysis found that the update to development and infrastructure projects with a balance between vehicle the FCSP would the VMT relative to the existing 2008 plan. capacity, vehicle miles traveled, and multimodal transportation modes.

GOAL T-3: SAFE, CONNECTED, AND ACCESSIBLE BIKEWAY

AND PEDESTRIAN NETWORK
Policy T-3.2. Bicycle and Pedestrian Connectivity. Identify redesign Consistent. Refer to Policy T-1.5.
opportunities to create dedicated bicycle lanes and pedestrian sidewalks that connect neighborhoods and commercial areas to community services.

GOAL PSF-7: INFRASTRUCTURE PLANNING
Policy PSF-7.3. Fair Share Funding. Ensure that new development pays its fair Consistent. Refer to Policy CDL-7.5.
share of the cost of providing/financing new public facilities and services and/or the costs of expanding/upgrading existing facilities and services impacted by new development.

GOAL PSF-8: ENERGY AND CONSERVATION
Policy PSF-8.2. Renewable Energy. Encourage the use of renewable energy Consistent. Future projects would be required to meet or exceed Title 24 sources (e.g., solar and other technologies) through demonstration projects at standards. In addition, mitigation measures are included that further specify public facilities and development or financial incentives, where feasible. the use of renewable energy sources, as well as equipment that can be directly powered through renewable energy sources.

Policy PSF-8.3. Undergrounding Utilities. Require all new utility lines built as Consistent. The City's Development Code provides underground utility part of new development projects to be installed underground or, in the case requirements that would apply to the entire FCSP.
of transformers, pad mounted consistent with City specifications. 08/26/2024 City Council Agenda 125

ATTACHMENT 2
08/26/2024 City Council Agenda 126

FINDINGS: CONDITIONAL USE PERMIT NO.21-196

1. The Final Subsequent Environmental Impact Report (SCH# 2006041096) prepared for this Project adequately discusses the potential impacts of the proposed Specific Plan and disclosed to decision makers and the public that there are significant and unavoidable environmental impacts related to Air Quality, Greenhouse Gases, and Noise. As a result, a Statement of Overriding Considerations is being adopted pursuant to the provisions of CEQA. The Freeway Corridor Specific Plan (FCSP) SEIR was completed in compliance with CEQA and the Guidelines promulgated thereunder; and the FCSP SEIR reflects the independent judgment of the City. As part of the analysis, a project -level review was included for the Pacific Oaks Commerce Center project within the greater FCSP.

2. The site for the proposed use is adequate in size and shape to accommodate the proposed use and all yards, open spaces, setbacks, walls and fences, parking areas, landscaping, and other features pertaining to the application, because the site is large enough and the design is configured to accommodate the proposed POCC Project and accompanying features. The proposed POCC Project meets all of the required development standards listed for the BP Land Use District, including complying with the Building/Lot Coverage requirements and the Floor Area Ratio requirements. In addition, based on the configuration of the development, over 95 acres of the site will remain as open space.

3. The site for the proposed use has adequate access, meaning that the site design incorporates street and highway limitations. The site has access via the public right of way of Live Oak Canyon, and the project would result in the construction of a new public road that would provide all of the access drives and an appropriate internal driveway circulation within each pad to serve the Project.

This new roadway has also been designed to connect to future roadways of the FCSP area, including the future Wildwood Canyon Interchange, as well as the east -west roadway to County Line Road. As an interim measure, connectivity is also provided through the adjacent YVWD facility. Additionally, the overall trips generated by the project are less than initially anticipated by the existing FCSP; however, a Level of Service analysis was prepared to address any project - related improvements that may be required. These have been incorporated into the POCC Project's Conditions of Approval to ensure that the transportation system operates within the requirements of the City's General Plan.

4. The proposed use will not have a substantial adverse effect on abutting property or the permitted use thereof, meaning that the use will not generate excessive noise, vibration, traffic, or other disturbances, because: 1) The POCC Project design complies with the Development Standards listed within the City's BP Land Use District of the FCSP, and as a result provides for adequate building setbacks and buffering from other uses, and based on the environmental analysis conducted for the POCC Project, was analyzed with the FCSP Update; 2) The FCSP SEIR identifies areas that have significant and unavoidable impacts, along with Findings of Overriding Considerations; however, the direct impacts occurring for the project would not create acute issues that would substantially impact abutting properties, and the layout of the buildings, along with the site grading and use of berms, landscaping, and setbacks, help to isolate the proposed use from adjoining sites; 3) The proposed parking and use complies with City development standards and encourages the use of pedestrian access to the site; 4) Improvements have been conditioned to occur prior to occupancy of the building, which also includes key infrastructure improvements that will benefit the entire community, including the funding for a new fire truck, as well as roadway and water line improvements; 4) Future access will be provided along a newly - constructed public road from Live Oak Canyon, and; 5) Adequate on -site landscaping is proposed 08/26/2024 City Council Agenda 127

along the site's street frontages, along all property lines, and on -site, with a particular focus of landscaping along slopes and the publicly viewable areas that exceeds the minimum requirements listed in the City's Administrative Design Guidelines, and based on the site grading proposal, the structures would not be visible from I-10. In addition, the use will not substantially interfere with the present or future ability to use solar energy systems because the height of the proposed buildings will not substantially hinder the use of such devices on surrounding properties.

5. The proposed use is consistent with the goals, policies, standards, and maps of the General Plan and any applicable plan, because the proposed use is permitted in the BP Land Use District of the FCSP, subject to the provisions of this Conditional Use Permit. The site is located within the FCSP, which encourages a mix of new development, including residential, commercial and industrial warehouse uses, and its direct freeway access supports the overall goods movement within the greater Yucaipa Valley area, is similar to other commercial and industrial warehouse uses that are found along the Interstate 10 corridor, but is screened in a method to limit the prominence of such uses along the City's gateway, while also including a farmhouse inspired design.

6. The lawful conditions stated in the approval are deemed necessary to protect the public health, safety, and general welfare, because they ensure adequate circulation, drainage, and compatibility with surrounding land uses.

7. The design of the site has considered the potential for the use of solar energy systems and passive or natural heating and cooling opportunities, because there are no obstructions to the collection of solar energy or the natural movement of wind toward or around surrounding properties.

FINDINGS: TENTATIVE PARCEL MAP No. 20533
The proposed subdivision, together with the provisions for its design and improvements, is consistent with the General Plan and any applicable specific plan, because the proposed use and overall density is permitted in the Freeway Corridor Specific Plan (FCSP), and would align the various parcels to reflect the development of the Pacific Oaks Commerce Center (POCC), the land use districts of the FCSP, and utility access, 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 physical constraints that may exist on site have been recognized and mitigated through the Conditions of Approval including access, circulation, drainage, and grading.

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 Final Subsequent Environmental Impact Report (SCH# 2006041096) prepared for the FCSP adequately discusses the potential impacts of the proposed Specific Plan, and included a project -level analysis for the POCC.

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.
08/26/2024 City Council Agenda 128

6. The design of the subdivision provides for the extent feasible, passive or natural heating and cooling opportunities, because the project provides an opportunity 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, because all development standards meet or exceed those that are specified in City 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.
08/26/2024 City Council Agenda 129

ATTACHMENT 3
08/26/2024 City Council Agenda 130

RESOLUTION NO.2024-19

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA

ADOPTING THE FREEWAY CORRIDOR SPECIFIC PLAN UPDATE

AND THE ENVIRONMENTAL FINDINGS PURSUANT TO THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA),

CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT
REPORT FOR CASE NO. 24-044/SP, ADOPTING A MITIGATION

MONITORING AND REPORTING PROGRAM AND STATEMENT OF

OVERRIDING CONSIDERATIONS FOR THE FREEWAY CORRIDOR

SPECIFIC PLAN PROJECT, AND AMENDING GENERAL PLAN
FIGURE CDL-2, LAND USE DISTRICTS TO REFLECT THE UPDATED

LAND USE PLAN
WHEREAS, the City Council of the City of Yucaipa ("City Council") has long considered the Freeway Corridor area as an opportunity for commercial, residential, and industrial development due to its proximity to Interstate 10, freeway interchanges, and its higher level of regional visibility; and
WHEREAS, the City Council approved Resolution 2007-09 on November 24, 2008, formally adopting the Freeway Corridor Specific Plan, which set forth new land use districts and standards that would allow for substantial residential and nonresidential development; and WHEREAS, the Freeway Corridor Specific Plan is specifically highlighted within a variety of polices and goals of the General Plan, including the Community Design and Land Use Element, the Housing Element, and the Economic Development Element, to ensure that the area can be developed successfully for the future benefit of the community at large; and WHEREAS, due to changes in market conditions, consumer preferences, and the overall cost of development, found that updates were necessary to the adopted plan to best ensure that development can occur and meet the original expectations set forth by prior City Council's and community engagement efforts; and
WHEREAS, the City Council has before it a request for approval of the Freeway Corridor Specific Plan Update 24-044 (the "Project"); and WHEREAS, the City has undertaken a comprehensive process for the development the Project to implement the long-range vision for the City; and WHEREAS, the City has encouraged public participation in the development of the Project, which included conducting Study Sessions, workshops, stakeholder meetings and hearings, while also leveraging core elements from the existing Freeway Corridor Specific Plan; and
WHEREAS, the proposed "Project" consists of a Specific Plan Update. The existing Freeway Corridor Specific Plan (FCSP), adopted in November 2008, allows for development of up to 2,447 residential units on 424.7 acres and up to 4,585,779 square feet of nonresidential uses 08/26/2024 City Council Agenda 131

on 242.7 acres within the 1,242-acre plan area. The proposed update to the FCSP (Case No. 24- 044/GPA/SPA) would result in a total of 2,472 residential units and 5,093,265 square feet of nonresidential uses. As a result, the Proposed Project would result in an increase of 25 residential units, 2,786,461 square feet of Business Park (BP), and a reduction of 2,278,976 square feet of Regional Commercial (RC) compared to the existing FCSP. The Proposed Project also includes development of the Pacific Oaks Commerce Center (21-196/CUP/ARC/TPM), which consists of the development of two buildings with warehouse and office spaces, totaling 2,054,000 square feet of building space, as well as truck parking and docking bays, consistent with the provisions included in the FCSP Update; and
WHEREAS, the Project has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq.) ("CEQA"), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the City's Local CEQA Guidelines; and WHEREAS, on November 11, 2022, a Notice of Preparation ("NOP") was distributed to the State Office of Planning and Research, responsible agencies, and published in the Yucaipa News Mirror. The NOP was circulated from November 15, 2022, to December 15, 2022, to receive input from interested public agencies and private parties on issues to be addressed in the Supplemental Environmental Impact Report ("SEIR"); and
WHEREAS, a scoping meeting was held on November 30, 2022, to present the Project and the SEIR process and to provide an opportunity for agency representatives and the public to assist the lead agency in determining the scope and content of the environmental analysis for the SEIR; and
WHEREAS, on February 7, 2024, a Draft Subsequent Environmental Impact Report (the "DSEIR") was completed for the Project and a Notice of Availability ("NOA") was issued. In accordance with the California Environmental Quality Act ("CEQA") (Cal. Pub. Res. Code §21000 et seq.) and the State Guidelines (the "Guidelines") (14 Cal. Code Regs. §15000 et seq.) promulgated with respect thereto, the City analyzed the Project's potential impacts on the environment; and
WHEREAS, the City circulated the DSEIR and the Appendices for the Project to the public and other interested parties for a 45-day comment period, in accordance with Guidelines Section 15105, from February 8, 2024, through March 25, 2024; and WHEREAS, the City prepared written responses to all comments received on the DSEIR and those responses to comments are incorporated into the Final Subsequent Environmental Impact Report (the "Final SEIR"). The Responses to Comments were distributed to all public agencies that submitted comments on the DSEIR at least 10 days prior to certification of the Final SEIR by the City Council; and
WHEREAS, the Final SEIR is comprised of the DSEIR dated February 2024 and all appendices thereto; the Comments and Response to Comments on the DSEIR; the clarifications, 08/26/2024 City Council Agenda 132

revisions, and corrections to the DSEIR; and the Mitigation Monitoring and Reporting Program; and
WHEREAS, on May 24, 2024, a notice of a Planning Commission public hearing on the Specific Plan and its environmental review was published in the Yucaipa News Mirror and mailed to all property owners within and 300 feet around the plan area; and WHEREAS, after notice issued pursuant to the requirements of the Yucaipa Municipal Code, the Planning Commission conducted a public hearing on June 5, 2024, at which time all interested parties were given an opportunity to be heard and present evidence regarding the Specific Plan Update, as set forth in the Planning Commission Agenda Report of that date; and WHEREAS, the Planning Commission continued the item to their July 17, 2024 meeting to allow for additional discussion between the City and the Pumpkin Factory, and then the Planning Commission conducted a public hearing on July 17, 2024, at which time all interested parties were given an opportunity to be heard and present evidence regarding the Specific Plan Update, as set forth in the Planning Commission Agenda Report of that date; and WHEREAS, following consideration of the entire record before it at the public hearing and upon due consideration of the proposed Specific Plan Update, the Planning Commission did not provide a recommendation for the City Council regarding the adoption of environmental findings pursuant to the California Environmental Quality Act ("CEQA") (Public Resources Code § 21000 et seq.), certifying the Final Environmental Impact Report, nor adopting a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program; and
WHEREAS, at the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission and the testimony provided during the hearing, the Planning Commission did not provide a recommendation to the City Council to approve the Specific Plan according to the Findings required pursuant to Section

83.020310 of the Yucaipa Development Code; and
WHEREAS, on August 15, 2024, a notice of a City Council public hearing on the Specific Plan and its environmental review was published in the Yucaipa News Mirror and mailed to all property owners within and 1,300 feet around the plan area; and WHEREAS, after notice issued pursuant to the requirements of the Yucaipa Municipal Code, the City Council held a duly noticed public hearing on August 26, 2024, at which time all interested parties were given an opportunity to be heard and present evidence; and WHEREAS, the update is included as part of the City's General Plan Amendment for the third quarter of 2024; and
WHEREAS, the findings made in this Resolution are based upon the information and evidence set forth in the Final SEIR and upon other substantial evidence that has been presented at the hearings and in the record of the proceedings. The documents, staff reports, technical studies, appendices, plans, specifications, and other materials that constitute the record of 08/26/2024 City Council Agenda 133

proceedings on which this Resolution is based are on file for public examination during normal business hours at the Development Services Department, City of Yucaipa, 34272 Yucaipa Boulevard, Yucaipa, CA 92399. The custodian of records is Benjamin Matlock with the City of Yucaipa Community Development Department. Each of those documents is incorporated herein by reference; and
WHEREAS, Section 15091 of the State CEQA Guidelines requires that the City, before approving the Project, make one or more of the following written finding(s) for each significant effect identified in the Final EIR accompanied by a brief explanation of the rationale for each finding:
(a) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR; or,
(b) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency; or, (c) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR.

These required findings are set forth in the attached Exhibit A; and WHEREAS, environmental impacts found to be less than significant and not requiring mitigation are discussed in Exhibit A, Chapter III, Section B & C. Environmental impacts, or specific aspects of those impacts, found to potentially significant, but less than significant after mitigation, are discussed in Exhibit A, Chapter III, Section C. Environmental impacts found be potentially significant and unavoidable are discussed in Exhibit A, Chapter III, Section D.

Alternatives to the General Plan Update that might reduce significant environmental impacts are discussed in Exhibit A, Section V; and
WHEREAS, CEQA Section 21081.6 requires adoption of a mitigation monitoring and reporting program for any project with environmental impacts made less than significant or reduced in significance through mitigation. The Mitigation Monitoring and Reporting Program is attached as Exhibit B and incorporated into this Resolution by reference; and WHEREAS, the City Council has reviewed and considered the FSEIR, all of the information and evidence in the administrative record, and all oral and written testimony presented during public meetings and hearings. In exercise of its independent judgment, the City Council finds that the FSEIR is adequate and was prepared in full compliance with CEQA. No comments or any additional information submitted to the City produced any substantial new information that would require additional recirculation or additional environmental review of the Project under CEQA.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY RESOLVES AS FOLLOWS:
08/26/2024 City Council Agenda 134

Section 1. The City Council has reviewed and considered the information for the Freeway Corridor Specific Plan Update.

Section 2. The City Council finds that the above recitals are true.

Section 3. The City Council approves and adopts the Freeway Corridor Specific Plan, and that it meets Findings required pursuant to Section 83.020310 of the Yucaipa Development Code.

Section 4. The City Council certifies the Final Subsequent Environmental Impact Report, adopts findings pursuant to the California Environmental Quality Act as set forth in Exhibit A attached hereto and incorporated herein by reference, and makes the findings and adopts the Statement of Overriding Considerations, and adopts the Mitigation Monitoring and Reporting Program attached hereto as Exhibit B and incorporated herein by reference. The mitigation measures set forth in the Final EIR and the Mitigation Monitoring and Reporting Program are hereby incorporated into the Project and will be made conditions of the Project.

Section 5. The City Council approves the modification to General Plan Figure CDL-2, Land Use Plan, to include the updated Freeway Corridor Specific Plan boundary as Planned Development (PD) and the not -a -part area to Institutional.

Section 6. The City Clerk of the City of Yucaipa shall certify as to the adoption of this Resolution.

BE IT FURTHER RESOLVED that this Resolution be noted in the Minutes of this City Council meeting and a "Notice of Determination" be filed within five (5) days of this action by the City Clerk.

PASSED, APPROVED, and ADOPTED the 26th day of August, 2024.

Justin Beaver, Mayor
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
08/26/2024 City Council Agenda 135

EXHIBIT A
Findings of Fact in Support of Findings
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CEQA FINDINGS OF FACT

AND STATEMENT OF OVERRIDING CONSIDERATIONS

REGARDING THE

FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT

FOR THE

FREEWAY CORRIDOR SPECIFIC PLAN PROJECT
STATE CLEARINGHOUSE NO. 2006041096
Exhibit A

INTRODUCTION
The California Environmental Quality Act (CEQA) requires that a number of written findings be made by the lead agency in connection with certification of an environmental impact report (EIR) prior to approval of the project pursuant to Sections 15091 and 15093 of the CEQA Guidelines and Section 21081 of the Public Resources Code. This document provides the findings required by CEQA. The potential environmental effects of the proposed Freeway Corridor Specific Plan project (Proposed Project) have been analyzed in a Draft Subsequent Environmental Impact Report (Draft SEIR) (State Clearinghouse [SCH] 2006041096) dated February 2024. A Final SEIR has also been prepared that incorporates the Draft SEIR and contains comments received on the Draft SEIR, responses to the individual comments, revisions to the Draft SEIR, and the Mitigation Monitoring and Reporting Program for the Proposed Project (NIIMRP). This document provides the findings required by CEQA for approval of the Proposed Project.

A. STATUTORY REQUIREMENTS FOR FINDINGS
The CEQA (Pub. Res. Code §§ 21000, et seq.) and the State CEQA Guidelines (Guidelines) (14 Ca.

Code Regs §§ 15000, et seq.) promulgated thereunder, require the environmental impacts of a project be examined before a project is approved. Specifically, regarding findings, Guidelines Section 15091 provides:
(a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are:

1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.

2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency.

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CEQA Findings of Fact and
Statement of Overridin Considerations
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3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR.
(b) The findings required by subsection (a) shall be supported by substantial evidence in the record.
(c) The finding in subdivision (a)(2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. The finding in subsection (a)(3) shall describe the specific reasons for rejecting identified mitigation measures and project alternatives.
(d) When making the findings required in subdivision (a)(1), the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures.
(e) The public agency shall specify the location and custodian of the documents or other material which constitute the record of the proceedings upon which its decision is based.
(� A statement made pursuant to Section 15093 does not substitute for the findings required by this section.

The "changes or alterations" referred to in Section 15091(a)(1) above, that are required in, or incorporated into, the project which mitigate or avoid the significant environmental effects of the project, may include a wide variety of measures or actions as set forth in Guidelines Section 15370, including:
(a) Avoiding the impact altogether by not taking a certain action or parts of an action.
(b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation.
(c) Rectifying the impact by repairing, rehabilitating, or restoring the impacted environment.
(d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action.

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(e) Compensating for the impact by replacing or providing substitute resources or environments, including through permanent protection of such resources in the form of conservation easements.

Regarding a Statement of Overriding Considerations, Guidelines Section 15093 provides:
(a) CEQA requires the decision -making agency to balance, as applicable, the economic, legal, social, technological, or other benefits, including region -wide or statewide environmental benefits, of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits, including region -wide or statewide environmental benefits, of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." (b) When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record.
(c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091.

B. CERTIFICATION
Having received, reviewed, and considered the SEIR for the Freeway Corridor Specific Plan Project State Clearinghouse No. 2006041096, as well as other information in the record of proceedings on this matter, the City of Yucaipa City Council adopts the following Findings (Findings) and Statement of Overriding Considerations, in its capacity as the legislative body for the City of Yucaipa (City), which is the CEQA Lead Agency. The Findings and Statements of Overriding Considerations set forth the environmental and other bases for current and subsequent discretionary actions to be undertaken by the City and responsible agencies for the implementation of the Proposed Project.

In addition, the City of Yucaipa City Council (City Council) hereby make findings pursuant to and in accordance with Section 21081 of the California Public Resources Code and State CEQA Guidelines Sections 15090 and 15091 and hereby certifies that:
(1) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effect as identified in the final EIR.
(2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes Freeway Corridor Specific Plan Project
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Statement of Overriding Considerations - 3 -
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have been adopted by such other agency or can and should be adopted by such other agency.
(3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR.

C. PROJECT ENVIRONMENTAL REPORT AND DISCRETIONARY ACTIONS The Final SEIR addresses the direct, indirect, and cumulative environmental effects of construction and operation activities associated with the Proposed Project. The Final SEIR provides the environmental information necessary for the City to make a final decision on the requested discretionary actions for all phases of this project. The Final SEIR was also intended to support discretionary reviews and decisions by other responsible agencies. Discretionary actions to be considered by the City may include, but are not limited to, the following:
■ Certify that the Final SEIR for the Proposed Project has been completed in compliance with CEQA, and reflects the independent judgement and analysis of the City; find that the City Council has reviewed and considered the information contained in the Final SEIR prior to approving the project; adopt the Mitigation Monitoring and Reporting Program, finding that the Mitigation Monitoring and Reporting Program is adequately designed to ensure compliance with the mitigation measures during project implementation; and determine that the significant adverse effects of the project either have been reduced to an acceptable level, or are outweighed by the specific overriding considerations of the project as outlined in the CEQA Findings of Fact and Statement of Overriding Considerations, as set forth herein. ■ Approve the Proposed Project and related discretionary actions needed for project construction and operation.

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II. PROCEDURAL COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL

QUALITY ACT
The City published a Draft SEIR on February 8, 2024. A Final SEIR was prepared in May 2024 in compliance with CEQA requirements. The Final SEIR has been prepared in accordance with CEQA and the CEQA Guidelines, as amended. As authorized in State CEQA Guidelines Section 15084(d)(2), the City retained a consultant to assist with the preparation of the environmental documents. City staff from multiple departments, representing the Lead Agency, have directed, reviewed, and modified where appropriate all material prepared by the consultant. The Final SEIR reflects the City's independent analysis and judgement. The key milestones associated with the preparation of the SEIR are summarized below. As presented below, an extensive public involvement and agency notification effort was conducted to solicit input on the scope and content of the SEIR and to solicit comments on the results of the environmental analysis presented in the Draft SEIR.

A. PUBLIC NOTIFICATION AND OUTREACH
In conformance with CEQA, the State CEQA Guidelines, and the City of Yucaipa CEQA Guidelines, the City of Yucaipa conducted an extensive environmental review of the Proposed Project. ■ Completion of a Notice of Preparation (NOP) on November 14, 2022. The public review period extended from November 15, 2022, to December 15, 2022. The NOP was published in the News Mirror on Novembre 11, 2022. The NOP was posted at the San Bernardino County Clerk's office on November 14, 2022. Copies of the NOP were made available for public review at the City of Yucaipa, the City's website, and at the Yucaipa Branch Library. ■ Completion of the scoping process where the public was invited by the City to participate in a scoping meeting held Wednesday, November 30, 2022 at 5:00 PM at Yucaipa City Hall. The notice of a public scoping meeting was included in the NOR.
■ Preparation of a Draft SEIR, which was made available for a 45-day public review period beginning February 8, 2024, and ending March 25, 2024. The scope of the Draft SEIR was determined based on the CEQA Guidelines Appendix G Checklist and comments received in response to the NOR Section 2.2 of the Draft SEIR describes the issues identified for analysis in the Draft SEIR. The Notice of Availability (NOA) for the Draft SEIR was sent to interested persons and organizations, sent to the State Clearinghouse in Sacramento for distribution to public agencies, posted at the City of Yucaipa, and published in the News Mirror. The NOA was posted at the San Bernardino County Clerk's office on February 7, 2024. The Notice of Availability of the Draft SEIR was published in the News Mirror on February 2, 2024.

Preparation of a Final SEIR, including revisions to the Draft SEIR based on changes to the Proposed Project and responses to comments to the Draft SEIR. The Final SEIR was released for agency review prior to certification of the Final SEIR.

Public hearings on the Proposed Project, including a Planning Commission hearing and a City Council hearing.

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In summary, the City conducted all required noticing and scoping for the Proposed Project in accordance with Section 15083 of the CEQA Guidelines, and conducted the public review for the SEIR, which exceeded the requirements of Section 15087 of the CEQA Guidelines.

B. FINAL ENVIRONMENTAL IMPACT REPORT AND CITY COUNCIL

PROCEEDINGS
The City prepared a Final SEIR, including Responses to Comments to the Draft SEIR. The Final SEIR/Response to Comments contains comments on the Draft SEIR, responses to those comments, and revisions to the Draft SEIR. A total of nine comment letters were received from public agencies and organizations.

The most prevalent concerns raised in these comment letters included pertained to air quality, greenhouse gas (GHG) emissions, hydrology and water quality, and transportation.

The Final SEIR found that prior to mitigation, implementation of the Proposed Project will result in potentially significant impacts to Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Greenhouse Gas Emissions, Hydrology and Water Quality, Noise, and Tribal Cultural Resources. However, mitigation measures (NIMs) have been developed to avoid or reduce all of these impacts to levels considered less than significant, with the exception of Air Quality, Greenhouse Gas Emissions, and Noise. The City prepared a Statement of Overriding Considerations for the impacts found to be significant and unavoidable:

Air Quality
■ Impact 5.3-1: Specific Plan. Operation of the Proposed Project would exceed the South Coast AQMD regional significance thresholds and have the potential to conflict with the South Coast AQMD's AQMP. Mitigation Measures for construction (see Impact 5.3-2) and operation (see Impact 5.3-3) would reduce emissions to the extent feasible. However, Impact 5.3-1 would be significant and unavoidable for the Proposed Project.
■ Impact 5.3-1: Pacific Oaks Commerce Center. Operation of the Pacific Oaks Commerce Center would exceed the South Coast AQMD regional significance thresholds and have the potential to conflict with the South Coast AQMD's AQMP. Mitigation Measures for construction (see Impact 5.3-2) and operation (see Impact 5.3-3) would reduce emissions to the extent feasible.

However, Impact 5.3-1 would be significant and unavoidable for the Pacific Oaks Commerce Center.
■ Impact 5.3-2: Specific Plan. Construction of the Proposed Project, like the Approved Project, would exceed the South Coast Air Quality Management District (South Coast AQMD) regional significance thresholds. While mitigation would substantially reduce construction -related volatile organic compounds (VOC), nitrogen oxides (NOx), and carbon monoxide (CO) emissions, the regional significance thresholds for these criteria air pollutants would still be exceeded for Phase

1. Implementation of mitigation would reduce the maximum daily emissions of VOC for Phases 2 through 7 to below the regional significance threshold. However, due to the remaining Freeway Corridor Specific Plan Project
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exceedances for Phase 1, Impact 5.3-2 would be significant and unavoidable for the Proposed Project.
■ Impact 5.3-2: Pacific Oaks Commerce Center. Construction of the Pacific Oaks Commerce Center would exceed the South Coast AQMD regional significance thresholds. Mitigation Measure AQ-6 would reduce VOC emissions to below the regional significance threshold. However, construction activities associated with the Pacific Oaks Commerce Center would continue to generate NOx and CO emissions that exceed the respective South Coast AQMD regional significance thresholds. Therefore, Impact 5.3-2 as it pertains to the Pacific Oaks Commerce Center project would be significant and unavoidable.
■ Impact 5.3-3: Specific Plan. Long-term operation of the Proposed Project, like the Approved Project, would exceed the South Coast AQMD regional significance thresholds. While mitigation would reduce emissions, the regional significance thresholds for these criteria air pollutants would still be exceeded. Impact 5.3-3 would be significant and unavoidable for the Proposed Project. ■ Impact 5.3-3: Pacific Oaks Commerce Center. Long-term operation of the Pacific Oaks Commerce Center project would exceed the South Coast AQMD regional significance thresholds.

While mitigation would reduce emissions, the regional significance thresholds for these criteria air pollutants would still be exceeded. Impact 5.3-3 would be significant and unavoidable for the Pacific Oaks Commerce Center project.
■ Impact 5.3-4: Specific Plan. Localized construction emissions associated with buildout of the Proposed Project have the potential to exceed the South Coast AQMD's cancer risk threshold.

Implementation of Mitigation Measure AQ-6 would require future projects accommodated under the Freeway Corridor Specific Plan (FCSP) to use off -road equipment fitted with engines that meet the USEPA Tier 4 Final standards for emissions. This measure would reduce toxic air contaminant (TAC) emissions from off -road construction equipment. Due to the scale and construction intensity of the Pacific Oaks Commerce Center project, it is assumed to represent the worst -case project accommodated under the Specific Plan in terms of construction impacts. Thus, it is anticipated that individual future development projects accommodated under the Proposed Project would have similar health risk levels and would have less than significant health risk impacts. However, while individual future projects might have less than significant health risk impacts, the combined construction activities associated with development of all the land uses accommodated under the Proposed Project could contribute to elevated levels in the area.

Therefore, out of an abundance of caution, Impact 5.3-4 is conservatively identified as significant and unavoidable.

Greenhouse Gas Emissions
■ Impact 5.8-1: Specific Plan. The Proposed Project, like the Approved Project, would generate GHG emissions that exceed the conservative no net increase threshold. Implementation of Mitigation Measures AQ-2 through AQ-5 and Mitigation Measures GHG-1 and GHG-2 would reduce emissions to the extent feasible. However, Impact 5.8-1 would be significant and unavoidable.

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■ Impact 5.8-1: Pacific Oaks Commerce Center. The Proposed Project, like the Approved Project, would generate GHG emissions that exceed the conservative no net increase threshold.

Implementation of Mitigation Measures AQ-2 and AQ-4, .and Mitigation Measures GHG-1 And GHG-2 would reduce emissions to the extent feasible. However, Impact 5.8-1 as it pertains to the Pacific Oaks Commerce Center project would be significant and unavoidable.

Noise
■ Impact 5.13-2: Specific Plan. Implementation of the Proposed Project would result in a substantial long-term operation -related noise that could exceed the City's noise standards. The City requires applicants for new development projects to submit a noise study to mitigate operational noise impacts in accordance with the standard COAs. At the plan level, Impact 5.13-2, is considered significant and unavoidable.
■ Impact 5.13-3: Specific Plan. Implementation of the Proposed Project would result in a substantial increase in long-term traffic -related noise levels that exceed local standards. The Certified EIR identified that it is not considered practical or feasible to mitigate traffic noise impacts, as it would require making alterations to private off -site properties over which applicants of future development projects would have no control. Impact 5.13-3, plan -level and cumulative traffic noise impacts are considered significant and unavoidable. ■ Impact 5.13-3: Pacific Oaks Commerce Center Plan. Implementation of the Pacific Oaks Commerce Center project would result in a substantial increase in long-term traffic -related noise levels that exceed local standards. The Certified EIR identified that it is not considered practical or feasible to mitigate traffic noise impacts, as it would require making alterations to private off - site properties over which applicants of future development projects would have no control.

Impact 5.13-3 traffic noise impacts are considered significant and unavoidable for the Pacific Oaks Commerce Center project.

Members of the public can view searchable agendas for scheduled City Council meetings and access agenda -related City information and services directly on the following website:
https://yucaipa.gov/agendas-niinutes/ .

The Final SEIR document will be posted for viewing and download, which includes the revisions to the Draft SEIR, and Responses to Comments. The Final SEIR will be posted prior to the City's consideration of the Final SEIR and project recommendations on the City's website.

A date for consideration of the Final SEIR and project recommendations at the City Council was set for the Proposed Project and notice of the meeting was provided consistent with the Brown Act (Government Code Sections 54950 et seq.). The City Council will take testimony on the Proposed Project and may continue on its calendar to a subsequent meeting date in its discretion.

C. RECORD OF PROCEEDINGS
For purposes of CEQA and these Findings, the Record of Proceedings for the Proposed Project consists of the following documents and other evidence, at a minimum:

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■ The NOP, NOA, and all other public notices issued by the City in conjunction with the Proposed Project.
■ The Draft SEIR and Final SEIR for the Proposed Project. ■ All written comments submitted by agencies or members of the public during the public review comment period on the Draft SEIR.
■ All responses to written comments submitted by agencies or members of the public during the public review comment period on the Draft SEIR.
■ All written and verbal public testimony presented during a noticed public hearing for the Proposed Project.
■ The Mitigation Monitoring and Reporting Program.
■ The reports and technical memoranda included or referenced in the Final SEIR. ■ All documents, studies, EIRs, or other materials incorporated by reference in the Draft SEIR and Final SEIR.
■ The Resolutions adopted by the City in connection with the Proposed Project, and all documents incorporated by reference therein, including comments received after the close of the comment period and responses thereto.
■ Matters of common knowledge to the City, including but not limited to federal, state, and local laws and regulations.
■ Any documents expressly cited in these Findings.
■ Any other relevant materials required to be in the record of proceedings by Public Resources Code Section 21167.6(e).

D. CUSTODIAN AND LOCATION OF RECORDS
The documents and other materials that constitute the administrative record for the City's actions related to the Proposed Project are at the City of Yucaipa — Planning Division, 34272 Yucaipa Boulevard, City of Yucaipa. The City Planning Division is the custodian of the administrative record for the Proposed Project. Copies of these documents, which constitute the record of proceedings, are and at all relevant times have been and will be available upon request at the offices of the Planning Division. This information is provided in compliance with Public Resources Code Section 21081.6(a)(2) and Guidelines Section 15091(e).

E. PROJECT LOCATION
The 1,238-acre Freeway Corridor Specific Plan (FCSP) area is in the City of Yucaipa in San Bernardino County. The plan area is bisected by Interstate 10 (I-10) and abuts the Riverside County boundary to Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
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the south. Regional access to the plan area is provided by I-10 from the east and west. Local access is provided by Live Oak Canyon Road, County Line Road, Oak Glen Road, Wildwood Canyon Road, and Calimesa Boulevard.

Land uses in the FCSP consist primarily of agricultural land (ranching and farming), a limited number of residences, a wastewater treatment plant, and miscellaneous commercial uses such as an outdoor pottery store and storage. The Live Oak Canyon Pumpkin Farm operates seasonally, with its peak season in the fall. The pumpkin farm operates a corn maze (fall only), carnival -type rides and games, tractor/hay rides, pony rides, petting zoo, Christmas Tree sales (winter only), U-pick pumpkin patch, and concessions (fall only) during the fall and winter seasons.' The Henry N. Wochholz Regional Water Recycling Facility (WRF) is owned and operated by the Yucaipa Valley Water District (YVWD). This land use is isolated from the other areas in the FCSP and can only be accessed via a secondary road from County Line Road. The FCSP Update identifies these parcels as "not a part" (N.A.P.) of the Proposed Project because it is solely owned by the YVWD.

F. PROJECT OBJECTIVES
The following objectives have been established for the Proposed Project and will aid decision makers in their review of the Proposed Project and associated environmental impacts.

Create a place that reflects the unique character of Yucaipa and ultimately supports the community's needs into the future.

2. Allow a degree of flexibility for development that can provide a standard of quality without stifling opportunities or imposing inflexible regulations that would preclude creative development response.

3. Offer a mixture of residential, commercial, and business park development that reflects the changing conditions in Yucaipa brought about by decline in demand for brick -and -mortar stores and increase in demand for logistics/distribution.

4. Support and facilitate opportunities to meet the City's housing requirements as reflected by the Regional Housing Needs Assessment for current and future housing cycles, as well as comply with SB330 regarding "no net loss" of residential zoned capacity.

5. Provide community amenities such as trails and permanent open space areas that will preserve major ridgelines and drainage corridors.

The Yucaipa City Council had typically authorized a special event permit (SEP) annually to the Pumpkin Factory to operate the Live Oak Canyon Pumpkin Patch and Christmas Tree Farm. Live Oak Canyon Farm has operated the pumpkin patch and Christmas tree farm for over 30 years prior to the incorporation of the City of Yucaipa, and the City has authorized a SEP for the pumpkin patch and Christmas tree farm every year since 2017, which has since been memorialized with the approval of a conditional use permit. The farm has 900 parking spaces onsite and addition 300 parking spaces on Live Oak Canyon Road. Special events at the farm run from mid -September to the end of December and may generate up to 100,000 visitors over the course of the special event. The Live Oak Canyon Pumpkin Patch and Christmas Tree Farm will continue to operate with implementation of the Proposed Project.

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6. Provide employment as well as retail and entertainment opportunities for those living in the community.

7. Take advantage of the freeway visibility and access to serve both local and regional needs.

8. Support the existing agricultural operations at the Live Oak Canyon Pumpkin Farm.

9. Design a safe and efficient circulation system that adequately supports the anticipated level of vehicular, pedestrian, and bicycle traffic in and around the project.

10. Comprehensively plan the FCSP area with consideration of other contiguous areas to ensure compatible and complementary development, circulation patterns, infrastructure, and services.

G. PROJECT DESCRIPTION
Freeway Corridor Specific Plan (Approved Project)
The FCSP provides the planning tools necessary to guide development in the plan area. The Specific Plan includes proposed land uses, development regulations and design standards. In addition, the FCSP provides for a muldmodal trail and circulation system, infrastructure facilities required to support implementation of the plan, and a plan for managing natural resources. 2008 Certified EIR
The Proposed Proj ect in an update to the FCSP; therefore, this SEIR relies on the findings of the 2008 EIR and the 2022 Addendum and, per CEQA Guidelines Section 15162, contains all the information necessary to ensure that the certified FCSP EIR fully evaluates the Proposed Project. The 2008 EIR and addendum, though discussed separately here, are collectively referred to in this SEIR as the 2008 Certified EIR. In accordance with CEQA Guidelines Sections 15148 and 15150, this SEIR incorporates the 2008 Certified EIR (and its constituent parts) by reference. A summary of the 2008 Certified EIR follows.
2008 Final EIR
The FCSP Environmental Impact Report (State Clearinghouse No. 2004041096) was certified in November 2008. The Final EIR consists of the 2007 Draft EIR and the 2008 Recirculated Draft EIR, response to comments, revisions to the EIR based on comments, and the mitigation monitoring and reporting program. The Final EIR evaluated impacts associated with 424.7 acres for residential development, with a maximum of 2,767 dwelling units, 242.5 acres of nonresidential development,

25.3 acres of right-of-way (ROW), and 549.0 acres of open space. The Certified EIR identified significant and unavoidable impacts associated with the FCSP for the following topical areas:

Aesthetics, Agriculture, Air Quality, Biological Resource, Land Use and Planning, and Noise. 2022 County Line Road Warehouse Addendum
The Approved Project includes project updates to the Specific Plan since certification of the 2008 EIR.

On July 21, 2022, the City of Yucaipa approved an Addendum to the 2008 Certified EIR for development of the Countyline Road Warehouse project a 366,423-square-foot speculative industrial Freeway Corridor Specific Plan Project
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warehouse building on five parcels totaling 19.32 gross acres at the northwest corner of 7th Place and County Line Lane in the southwestern corner of Yucaipa.

Freeway Corridor Specific Plan Update (Proposed Proiect) The Proposed Project is an update to the FCSP to guide development within the 1,238-acre plan area.

The Proposed Project would result in a total of 2,472 residential units .and 5,093,265 square feet of nonresidential uses. The Specific Plan includes a list of permitted, conditionally permitted, and prohibited land uses and development standards associated with the land use designations.

Buildout Comparison to the Approved Project
The Proposed Project would result in increases of 25 dwelling units and 69 people, a reduction of approximately 2.28 million square feet of Regional Commercial (RC), an increase of approximately

2.79 million square feet of Business Park (BP), and a reduction of 317 employees.

Pacific Oaks Commerce Center
The Proposed Project includes a project -level analysis for buildout of the Pacific Oaks Commerce Center in planning areas BP 2 and BP 3 ("project area"). Building 1 would have 1,032,500 square feet of warehouse and 20,000 square feet of office use, for a total of 1,052,500 square feet of building space.

Building 2 would have 981,500 square feet of warehouse and 20,000 square feet of office use, for a total of 1,001,500 square feet of building space. Each building also would allow up to 25 percent of the building square footage for cold -storage uses. As a result, the Pacific Oaks Commerce Center would result in development of up to 2,054,000 square feet. Additional truck parking spaces are also provided as part of the Pacific Oaks Commerce Center.

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III. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS
A. FORMAT
Section 15091 of the CEQA Guidelines requires that a Lead Agency make a finding for each significant effect for the project. This section summarizes the significant environmental impacts of the project, describes how these impacts are to be mitigated, and discusses various alternatives to the proposed project, which were developed in an effort to reduce the remaining significant environmental impacts. All impacts are considered potentially significant prior to mitigation unless otherwise stated in the findings.

This remainder of this section is divided into the following subsections:
■ Section B, Findings on "No Impact" and "Less Than Significant Impacts," presents environmental issues, as identified in Chapter 5 of the SEIR, which would result in no impact or less than significant impacts.
■ Section C, Findings on Impacts Mitigated to Less Than Significant, presents significant impacts of the Proposed Project that were identified in the Final SEIR, the mitigation measures identified in the Mitigation Monitoring Program, and the rationales for the findings. ■ Section D, Significant and Unavoidable Impacts that Cannot be Mitigated to Below the Level of Significance, presents significant impacts of the Proposed Project that were identified in the Final SEIR, the mitigation measures identified in the Mitigation Monitoring Program, the findings for significant impacts, and the rationales for the findings. ■ Section IV, Findings on Responses to Comments and Revisions to the Draft SEIR, presents the City's findings on the response to comments and revisions to Draft SEIR, and decision on whether a recirculated Draft SEIR is necessary or not.
■ Section V, Alternatives to the Proposed Project, presents alternatives to the project and evaluates them in relation to the findings set forth in Section 15091(a)(3) of the State CEQA Guidelines, which allows a public agency to approve a project that would result in one or more significant environmental effects if the project alternatives are found to be infeasible because of specific economic, social, or other considerations.
■ Section VI, Statement of Overriding Considerations, presents a description of the Proposed Project's the significant and unavoidable adverse impacts and the justification for adopting a statement of overriding considerations.

B. FINDINGS ON "NO IMPACT" AND "LESS THAN SIGNIFICANT IMPACTS" Based on the environmental issue area assessment in the Final SEIR, the City determined that the Proposed Project would have no impact or less than significant impacts, including direct, indirect, and cumulative impacts, for the environmental issues summarized below. The rationale for the conclusion that no significant impact would occur in each of the issue areas is based on the environmental Freeway Corridor Specific Plan Project
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evaluation in the listed topical SEIR sections in Section 5 of the SEIR, which include Environmental Setting, Environmental Impacts, Cumulative Impacts, and Mitigation Measures.

Plans, programs, and policies (PPP) are listed and numbered in the SEIR, and include applicable development standards and design guidelines, and conditions of approval.

The SEIR concluded that all or some of the impacts of the proposed project with respect to the following issues either will not be significant or will be reduced to below a level of significance by implementing conditions of approval, and/or the Specific Plan's development standards and design guidelines as detailed in Chapter 5 of the SEIR. Those issues include the following topical areas in their entirety or portions thereof: Aesthetics, Agriculture and Forestry Resources, Air Quality, Biological Resources, Cultural Resources, Energy, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Noise, Population and Housing, Public Services, Recreation, Transportation, Utilities and Service Systems, and Wildfire.

CEQA Guidelines Section 15901 requires that an EIR may not be certified for a project which has one or more significant environmental effects unless one of three possible findings is made for each significance effect. Since the following environmental issue areas were determined to have no impact or a less than significant impact, no findings for these issues are required.

1. Aesthetics
Specific Plan PPPs
The following are plans, programs, and policies (PPPs) that would reduce the Proposed Project's potential aesthetics impacts:

Development Standards
Chapter 4, Development Standards, of the FCSP regulates the planning and development of all properties in the plan area. The FCSP identifies general provisions; permitted land uses; development standards; landscape standards; sign regulations; common open space, parks, trails, and hillside preservation; and infrastructure for residential and nonresidential uses. For example:
■ Landscaping Standards:
• Strategically place large specimen (48-inch box) to assist new development in looking "established" as quickly as possible. Parkways shall be planted with shade trees and shrubs to provide a pleasant pedestrian environment and contribute to streetscape continuity. • Landscaping shall be used to provide screening for unattractive and/or unsightly service areas, and serve as buffers between neighboring uses.
■ Master Sign Program:

The Master Sign Program shall ensure that commercial center and business park signage is harmonious, integrates appropriately with the architecture of the center, and provides for adequate exposure of all tenants.

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Design Guidelines
Chapter 5, Design Guidelines, of the FCSP provides direction concerning the site planning, landscaping, building design, and site features for residential and nonresidential uses that promote the aesthetics appropriate for this area in order to maintain the rural character of Yucaipa. For example:
■ Development should incorporate existing natural features into the overall site design, including rock outcroppings, major landforms, ridgelines, significant trees and vegetation, streams, and drainage areas.
■ Service, utility, and loading areas should be carefully designed, located, and integrated into the site plan for convenient access by service vehicles and tenants while minimizing visibility. ■ Where commercial uses are adjacent to noncommercial uses, appropriate buffering techniques, such as increased minimum setbacks, screening, and landscaping, should be provided to mitigate any negative effects of the commercial operations. Any noise -generating uses should be located away from adjacent residential uses.
■ Lighting should be used to provide illumination for the security and safety of onsite areas such as parking, loading, and pathways.
■ Outdoor light fixtures that provide nighttime safety and security should be selected to conserve energy, protect the night sky, and minimize glare and light trespass within and beyond the project site.
■ Roof forms should be designed to completely screen roof -mounted equipment from public view.

Impact 5.1-1: Development pursuant to the Proposed Project would not impact scenic vistas. [Threshold AE-11
Scenic Vistas
FCSP Buildout
Since adoption of the 2008 FCSP, the City of Yucaipa has adopted an update to its General Plan. The General Plan identifies that scenic features include gently sloping alluvial fans, rugged mountains and steep slopes, mountain peaks and ridges, rounded hills, and open space. Scenic vistas are views of these features from public spaces such as the Oak Glen Preserve, Wildwood Canyon State Park, Crafton Hills, and El Dorado Ranch Park.

General Plan Figure CDL-4, Hillside Overlay District, shows that there are "Other Ridgelines" in the southwestern portion of the plan area and a Hillside Overlay District along the northern boundary but no "Prominent Ridgelines" in the plan area. The General Plan identified the plan area as providing a panoramic vista into Live Oak Canyon.

Because there are no scenic vistas in the plan area and lands are privately owned, impacts to scenic vistas that are visible from the plan area would be less than significant —impacts to private views are Freeway Corridor Specific Plan Project
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not considered a significant impact under CEQA. Public views of the scenic vistas surrounding the plan area, such as Live Oak Canyon, would continue to be visible from public vantage points (roadways, lookout points, etc.) as development would not occur in such areas. Furthermore, per the Citywide Design Guidelines, Oak Glen Road would include ground cover, shrubs, trees, and signage to display a rustic theme while serving as the gateway to the apple orchards in Oak Glen and preserving the scenic views. Therefore, impacts would be less than significant.

Therefore, the Proposed Project would not result in new or substantially more severe significant impacts in this regard when compared to the 2008 Certified EIR.

Pacific Oaks Commerce Center
The Pacific Oaks Commerce Center is within the FCSP, and because there are no scenic vistas in the plan area, the Pacific Oaks Commerce Center project would also not result in impacts to scenic vistas.

While public views of scenic vistas, such as Live Oak Canyon, surround the FCSP, the Pacific Oaks Commerce Center project site is located in the central portion of the plan area, and would not result in impacts to scenic vistas. Therefore, the Proposed Project would not result in new or substantially more severe significant impacts in this regard compared to the 2008 Certified EIR.

Finding. Compliance with existing PPPs would minimize adverse impacts of aesthetics to less than significant levels. The Proposed Project would have a less than significant direct, indirect, and cumulative impacts relating to scenic vistas. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.1-2: The Proposed Project would not alter scenic resources within a state scenic highway. [Threshold AE-2]
State Scenic Highway
FCSP Buildout
Since the 2008 EIR was certified, the Yucaipa General Plan now designates Oak Glen Road, Wildwood Canyon Road, Live Oak Canyon, and future spine roads in the Freeway Corridor Specific Plan area as scenic corridors. The nearest State -eligible scenic highway is SR-38, which is over 3.7 miles north of the plan area; the nearest officially designated scenic highway is the portion of SR-38 near Sugarloaf Mountain, which is over 8 miles northeast of the plan area.

The areas of the FCSP adjacent to Oak Glen Road, Wildwood Canyon Road, and Live Oak Canyon are designated open space, agro-commercial tourism, business park, commercial, and residential uses.

The lower density, agricultural, and open space land uses would not alter views of scenic resources that could be viewed from the surrounding roadways. Chapter 4, Development Standards, and Chapter 5, Design Guidelines, of the FCSP provide provisions that guide development in the plan area, such as incorporating natural features (e.g., rock outcroppings), into the overall site design. All development in the plan area would be required to adhere to the development standards and design guidelines of the FCSP to ensure proposed structures do not alter views from such roadways. Additionally, given Freeway Corridor Specific Plan Project
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the distance, varying topography, and structures between the plan area and SR-38, impacts to designated and eligible state scenic highways would not occur. Furthermore, per the Citywide Design Guidelines, Oak Glen Road would include ground cover, shrubs, trees, and signage to display a rustic theme while serving as the gateway to the apple orchards in Oak Glen and preserving the scenic views from this locally designated scenic corridor. As with the 2008 Certified EIR, the FCSP would not result in impacts to scenic resources along a state scenic highway.

Therefore, the Proposed Project would not result in new or substantially more severe significant impacts in this regard compared to the 2008 Certified EIR.

Pacific Oaks Commerce Center
The Pacific Oaks Commerce Center project is in the interior of the site with access from Oak Glen Road, which was designated as a local scenic corridor in the 2016 General Plan. No State -designated scenic highways are visible from the Pacific Oaks Commerce Center site. Similar to the impacts identified for the proposed FCSP, no impacts to designated and eligible state scenic highways would result from implementation of the Pacific Oaks Commerce Center project. Therefore, the Pacific Oaks Commerce Center project would not result in new or substantially more severe significant impacts in this regard compared to the 2008 Certified EIR.

Finding. The Proposed Project would have a less than significant direct, indirect, and cumulative impacts relating to scenic resources within a state scenic highway. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.1-3: Development pursuant to the Proposed Project would change the visual character of the Specific Plan site but would not conflict with applicable zoning and other regulations governing scenic quality compared to the land uses approved in the 2008 Certified EIR. [Threshold AE-3] Visual Character
FCSP Buildout
The Approved Project represents the CEQA baseline. Though impacts associated with the Approved Project were identified as significant and unavoidable in the 2008 Certified EIR, the impacts of the Proposed Project are not based on existing conditions but assume conditions of the built -out Approved Project (i.e., the developed condition). Land uses associated with the Proposed Project would generally be in the same area as the Approved Project. However, under the Proposed Project there are three major differences: (1) under the Proposed Project, the planning area known as the Pumpkin Patch would remain designated Agro-Commercial Tourism, which would preserve the existing landforms and agricultural areas adjacent to Live Oak Canyon Road and I-10 compared to development of a focused retail area under the Approved Project; (2) the introduction of the Business Park designation in the interior of the site (i.e., Pacific Oaks Commerce Center) would require substantially more landform modification compared to the residential areas previously designated under the Approved Project; and (3) the Proposed Project would result in a reduction in natural open Freeway Corridor Specific Plan Project
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space (Open Space Conservation [OS-C] and Open Space [OS]) compared to the Approved Project because the wastewater treatment plant (which previously included open space) is now considered "not -a -part," and the OS designation now allows for agricultural uses (however, agricultural uses and grazing have continued on OS -designated areas).

The elevation change over the entire plan area is approximately 450 feet. Approximately 19 percent of the site has slopes over 40 percent (steep terrain). Development of slopes that are 15 percent and above are subject to Hillside Development Review. Grading applied to the plan area for this Amendment achieves a 2:1 ratio (height over distance), which would increase with the slope. The objectives of the FCSP include complying with applicable development standards to preserve key ridgelines and regulating hillside and ridgeline development to maintain a rural atmosphere consistent with the City's identity. The FCSP is designed to vary the slope ratio from 2:1 to 5:1 (horizontal to vertical). Where proposed grades meet existing topography, the grades would be rounded to blend and provide a natural effect.

The Grading Plan is based on the several main principles, such as preserving land designated as Open Space which includes the major significant ridgelines in the plan area, situating the finished elevation of building pads so they complement the character of adjacent natural topography, designing new roads to follow the existing topography to minimise grading, contour grading all new roads to minimize grading, and performing grading techniques consistent with the required grading permits and geotechnical reports.

Even though the development code generally prohibits development on slopes of 41 percent or greater, this is primarily meant to concentrate or intensify development on less environmentally sensitive terrain, not to prohibit development or reduce permitted density. Enforcement of ridgeline preservation is based on the significance of individual projects at the discretion of the Planning Commission.

However, the Proposed Project and Approved Project would essentially result in a similar pattern of undeveloped and developed areas. The OS-C and AT designations would preserve views of natural features in the surrounding areas. Chapter 4, Development Standards, and Chapter 5, Design Guidelines, of the FSCP include standards and guidelines for development in the plan area, such as height and placement of buildings and structures, setback requirements, and architectural design parameters. Compliance with the development standards and design guidelines would ensure that development of the residential and nonresidential areas would be compatible with the surrounding land uses and ensure that the Proposed Project would not have a substantial impact on scenic resources.

As with the Approved Project, the Proposed Project would result in substantial changes in the visual character of the plan area, with conversion of open space and animal grazing areas to urban/suburban land use. However, when compared to the Approved Project, the Proposed Project would not result in new or substantially more severe significant impacts in this regard. Therefore, impacts of the Proposed Project are less than significant.

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Pacific Oaks Commerce Center
In the 2008 Certified EIR, the Pacific Oaks Commerce Center project area was proposed to be primarily a residential area. Under the Proposed Project, business park uses would be constructed in this area. The development of the business park land uses would require substantial landform modification to create flat pads for the warehouse buildings, which would impact some of the major ridgelines. However, to protect the viewshed of travelers on eastbound I-10 and Live Oak Canyon Road, key ridgelines would still be avoided.

The Pacific Oaks Commerce Center project would adhere to the development standards and design guidelines in the Specific Plan. The proposed buildings would be 60 feet tall; according to the FCSP,. the maximum height for structures in the Business Park land use is 80 feet. The design guidelines of the FCSP also state that buildings should include 360-degree architecture, blank walls should be softened through the use of doors and windows, and roof forms should be designed to completely screen roof -mounted equipment from public views. Additionally, the proposed buildings would include architectural design features from all directions, windows, various material and color types, varying rooflines and roof styles, other architectural features, and parapets that would comply with the design guidelines of the FCSP.

Therefore, the Proposed Project would not result in new or substantially more severe significant impacts in this regard when compared to the 2008 Certified EIR.

Finding. Compliance with existing PPPs would minimize adverse impacts of aesthetics to less than significant levels. The Proposed Project would have a less than significant direct, indirect, and cumulative impacts relating to visual character. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.1-4: For Impact 5.1-4, refer to Section C, Findings on Significant Environmental Impacts that can be Reduced to a Less than Significant Level.

2. Agriculture and Forestry Resources
Specific Plan PPPs
The following are plans, programs, and policies (PPPs) that would reduce the Proposed Project's potential impacts to agriculture resources:

The introduction of vineyards to support the Yucaipa Valley American Viticultural Area is allowed on disturbed slopes or agricultural areas.

Impact 5.2-1: The proposed project would not convert Prime Farmland or Unique Farmland to nonagricultural uses. [Thresholds AG-1, AG-5 (part)].

Conversion of Agricultural Uses to Non -Agricultural Uses FCSP Buildout
Implementation of the Proposed Project would result in a new Agro-Commercial Tourism land use designation that would make up approximately 48.8 acres of the plan area. Additionally, the Open Space designation of the Proposed Project would allow agricultural uses.

The areas designated Prime Farmland and Unique Farmland would be designated Agro-Commercial Tourism under the Proposed Project, whereas the Approved Project designated these lands Regional Commercial. The agricultural operations associated with the Live Oak Pumpkin Patch and Christmas Tree Farm would continue to operate. The Proposed Project would not convert the Prime Farmland and Unique Farmland in the plan area to nonagricultural uses, and no impact would occur. In addition, existing grazing areas and other opportunities for agriculture would be allowed with the Proposed Project.

Therefore, the Proposed Project would have a beneficial impact to agricultural resources and would not result in new or substantially more severe significant impacts in this regard when compared to the Approved Project.

Pacific Oaks Commerce Center
The Pacific Oaks Commerce Center project site is designated Grazing Land. CEQA does not consider impacts to Grazing Land. Therefore, the Pacific Oaks Commerce Center project would not result in the loss or conversion of agricultural land to nonagricultural uses. No impacts would occur. Therefore, the Proposed Project would not result in new or substantially more severe significant impacts in this regard when compared to the Approved Project.

Finding. Compliance with existing PPPs would minimize adverse impacts of agriculture and forestry resources to less than significant levels. The Proposed Project would have no significant direct, indirect, and cumulative impacts relating to the conversion of agricultural land to non-agricultural land.

Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

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Impact 5.2-2: The proposed project would not conflict with existing zoning for agricultural use or a Williamson Act contract. [Threshold AG-21.

Existing Agricultural Zoning/Williamson Act Contracts
FCSP Buildout
There are no Williamson Act lands in the plan area. Under the Proposed Project, the plan area would consist of residential, commercial, business park, open space, and agro-commercial tourism zoning/land use designations. As with the Approved Project, the FCSP would not conflict with zoning for agricultural uses or Williamson Act contracts. No impact would occur. Therefore, the Proposed Project would not result in new or substantially more severe significant impacts in this regard when compared to Approved Project.

Pacific Oaks Commerce Center
There are no Williamson Act lands in the Pacific Oaks Commerce Center project area.

In the Approved Project, the Pacific Oaks Commerce Center project area was proposed to be all residential, and under the Proposed Project the project area would be business park uses. Therefore, The Pacific Oaks Commerce Center project area would not conflict with zoning for agricultural uses or Williamson Act contracts. No impact would occur. Therefore, the Proposed Project would not result in new or substantially more severe significant impacts in this regard when compared to the Approved Project.

Finding. Compliance with existing PPPs would minimize adverse impacts of agriculture and forestry resources to less than significant levels. The Proposed Project would have no significant direct, indirect, and cumulative impacts relating to conflicting with agricultural zoning or a Williamson Act contract.

Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.2-3: The proposed project would not conflict with existing zoning for forestland, nor would the proposed project result in the loss of forest land on -site. [Thresholds AG-3, AG-4, and AG-5 (part)].

Forestland
FCSP Buildout
There is no forest land in the plan area. Land uses within the FCSP consist primarily of agricultural land (ranching and farming), a limited number of residences, a wastewater treatment plant, and miscellaneous commercial uses such as an outdoor pottery store and storage. The Proposed Project would not conflict with zoning for forest land or result in the loss of forest land. No impact would occur.

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Pacific Oaks Commerce Center
There is no forest land in the Pacific Oaks Commerce Center project area. Land uses in the project area consist of agricultural land (ranching and farming). The Proposed Project would not conflict with zoning for forest land or result in the loss of forest land. No impact would occur.

Finding. Compliance with existing PPPs would minimize adverse impacts of agriculture and forestry resources to less than significant levels. The Proposed Project would have no significant direct, indirect, and cumulative impacts relating to conflicting with forestland zoning or a loss in forestland.

Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

3. Air Quality
Specific Plan PPPs
The FCSP Update does not include specific goals, design standards, or design guidelines related to air quality.

Impact 5.3-1: For Impact 5.3-1, refer to Section D, Significant and Unavoidable Impacts that Cannot be Mitigated to Below the Level of Significance.

Impact 5.3-2: For Impact 5.3-2, refer to Section D, Significant and Unavoidable Impacts that Cannot be Mitigated to Below the Level of Significance.

Impact 5.3-3: For Impact 5.3-3, refer to Section D, Significant and Unavoidable Impacts that Cannot be Mitigated to Below the Level of Significance.

Impact 5.3-4: Construction of the Proposed Project could expose sensitive receptors to substantial pollutant concentrations of toxic air contaminants [Threshold AQ-31.

Construction -Phase LSTs and TACs
FCSP Buildout
Refer to Section D, Si
gnifzcant and Unavoidable Impacts that Cannot be Mitigated to Below the Level of Significance.

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Pacific Oaks Commerce Center
Construction -Phase Localized Significance Thresholds
Screening -level Localized Significance Thresholds (LSTs) (pounds per day) are the amount of project - related mass emissions at which localized concentrations (ppm or 4g/m3) could exceed the Ambient Air Quality Standards (AAQS) for criteria air pollutants for which the South Coast Air Basin (SoCAB) is designated nonattainment. They are based on the acreage disturbed and distance to the nearest sensitive receptor. Screening -level LSTs are based on a proposed project site size and distance to the nearest sensitive receptor. Thresholds are based on the California AAQS, which are the most stringent, established to provide a margin of safety in the protection of the public's health and welfare. They are designed to protect sensitive receptors most susceptible to further respiratory distress, such as asthmatics, the elderly, very young children, people already weakened by other disease or illness, and persons engaged in strenuous work or exercise. Table 5.3-16, Pacific Oaks Commerce Center Maximum Daily On -Site Locali.Zed Construction Emissions, of the Draft SEIR, shows the maximum daily construction emissions (pounds per day) generated during on -site construction activities compared with the South Coast Air Quality Management District (South Coast AQMD)'s screening -level LSTs.

The on -site PMIo and PM2.5 emissions shown represent the total on -site particulate matter emissions from vehicle exhaust and fugitive dust. On -site NOx and CO emissions are from off -road equipment exhaust. As shown in Table 5.3-16, maximum daily construction emissions would not exceed the South Coast AQMD screening -level LSTs for CO. However, construction activities would exceed the screening -level LSTs for NOx, PMIo, and PM2.5•
In accordance with South Coast AQMD methodology, because the Proposed Project would result in construction activities that generate on -site emissions exceeding the NOx, PMIo, and PM2.5 screening - level LSTs, dispersion modeling was conducted using AERMOD (v. 11.2) air dispersion modeling program. The calculated concentration levels associated with the construction activities that would not generate on -site emissions exceeding the screening -level LSTs are shown in Table 5.3-17, Pacific Oaks Commerce Center Construction LSTs, of the Draft SEIR.

As shown in Table 5.3-17, project -related construction activities would not generate emissions that would exceed the South Coast AQMD LSTs. Thus, construction activities associated with the Pacific Oaks Commerce Center project would not generate emissions that expose receptors to substantial concentrations of criteria air pollutants, and impacts are considered less than significant. Therefore, the Pacific Oaks Commerce Center would not result in new significant impacts or a substantial increase in significant impacts compared to the Approved Project.

Construction Phase Toxic Air Contaminants
The Proposed Project would elevate concentrations of Toxic Air Contaminants (TACs) (i.e., Diesel Particulate Matter [DPM]) in the vicinity of sensitive land uses during temporary construction activities that would use offroad equipment operating on -site, and at different levels depending on the type of activity. A site -specific construction Health Risk Assessment (HRA) of TACs was prepared to quantify potential health risk emissions during construction (see Appendix D of the Draft SEIR). The results of the analysis are shown in Table 5.3-18, Pacific Oaks Commerce Center Construction Risk Summary, of the Draft SEIR, and demonstrate that there would be no exceedance of identified thresholds.

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The results of the HRA are based on the maximum receptor concentration over the entire construction exposure duration for receptors:
■ Cancer risk for the Maximum Exposed Individual Resident (MEIR) from construction activities would be 9.4 in a million, which would not exceed the 10 in a million significance threshold. ■ For noncarcinogenic effects, the chronic hazard index identified for each toxicological endpoint totaled less than one for all the sensitive receptors. Therefore, chronic noncarcinogenic hazards are less than significant.

Because cancer risks for the MEIR would not exceed South Coast AQMD significance threshold, construction activities associated with the Pacific Oaks Commerce Center are less than significant.

Therefore, the Pacific Oaks Commerce Center would not result in new significant impacts or a substantial increase in significant impacts compared to the Approved Project.

Finding. The Proposed Project would have a less than significant direct, indirect, and cumulative impact associated with construction -phase LSTs and TACs for the Pacific Oak Commerce Center project. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.3-5: For Impact 5.3-5, refer to Section C, Findings on Significant Environmental Impacts that can be Reduced to a Less than Significant Level.

Impact 5.3-6: The proposed project would not result in other emissions that would adversely affect a substantial number of people [Threshold AQ-4]
Other Emissions/Odors
The threshold for odor is if a project creates an odor nuisance pursuant to South Coast AQMD Rule 402, Nuisance, which states:

A person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property. The provisions of this rule shall not apply to odors emanating from agricultural operations necessary for the growing of crops or the raising of fowl or animals.

FCSP Buildout
Construction
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temporary and intermittent. Additionally, noxious odors would be confined to the immediate vicinity of the construction equipment. By the time such emissions reached any sensitive receptor sites, they would be diluted to well below any level of air quality concern. Furthermore, short-term construction - related odors are expected to cease upon the drying or hardening of odor -producing materials.

Therefore, impacts associated with construction -generated odors are considered less than significant.

Operation
The type of facilities that are considered to have objectionable odors include wastewater treatment plants, compost facilities, landfills, solid waste transfer stations, fiberglass manufacturing facilities, paint/coating operations (e.g., auto body shops), dairy farms, petroleum refineries, asphalt batch plants, chemical manufacturing, and food manufacturing facilities. The Proposed Project includes residential and business park land uses and would not include these types of land uses. Additionally, agricultural land uses associated with the Live Oak Canyon Pumpkin Patch would be similar to existing conditions.

Additionally, the Proposed Project would be required to comply with South Coast AQMD Rule 402.

The Proposed Project would not result in a new impact or a substantial increase in the magnitude of impacts compared to the Approved Project. Therefore, like the Approved Project, the Proposed Project would not generate potentially significant odor impacts affecting a substantial number of people.

Pacific Oaks Commerce Center
The odor impacts of the Pacific Oaks Commerce Center are the same as for the Proposed Project.

Therefore, the Pacific Oaks Commerce Center project would not result in new impacts or a substantial increase in the magnitude of impacts compared to the Approved Project.

Finding. The Proposed Project would have a less than significant direct, indirect, and cumulative impact associated with the creation of other emissions/odors that would adversely affect'people.

Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

4. Biological Resources
Specific Plan PPPs
The following are plans, programs, and policies (PPPs) that would reduce the Proposed Project's potential biological resources impacts:

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 25 -
08/26/2024 City Council Agenda 161

Design Guidelines
Chapter 5, Design Guidelines, of the FCSP provides direction concerning the site planning, landscaping, building design, and site features for residential and nonresidential uses. For example:
■ Outdoor light fixtures that provide nighttime safety and security should be selected to conserve energy, protect the night sky, and minimize glare and light trespass within and beyond the project site.

Impact 5.4-1: For Impact 5.4-1, refer to Section C, Findings on Significant Environmental Impacts that can be Reduced to a Less than Significan t Level.

Impact 5.4-2: Future development within the plan area could result in the loss of sensitive natural communities, including riparian habitat.
[Threshold B-21
Sensitive Natural Communities
FCSP Buildout
Refer to Section C, Findings on Significant Environmental Impacts that can be Reduced to a Less Than Significant Level.

Pacific Oaks Commerce Center
Future development on the Pacific Oaks Commerce Center project site would not result in impacts to sensitive vegetation communities, as none exist in the Pacific Oaks Commerce Center project site.

Therefore, no impacts would occur. Therefore, the Proposed Project would not result in new or substantially more severe significant impacts in this regard compared to the Approved Project.

Finding. The Proposed Project would have no significant direct, indirect, and cumulative impact on sensitive natural communities. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.4-3: For Impact 5.4-3, refer to Section C, Findings on Significant Environmental Impacts that can be Reduced to a Less than Significant Level.

Impact 5.4-4: For Impact 5.4-4, refer to Section C, Findings on Significant Environmental Impacts that can be Reduced to a Less than Significant Level.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overridin Considerations - 26 -
08/26/2024 City Council Agen a 162

Impact 5.4-5: For Impact 5.4-5, refer to Section C, Findings on Significant Environmental Impacts that can be Reduced to a Less than Significant Level.

5. Cultural Resources
Specific Plan PPPs
There are no policies pertaining to cultural resources in the Freeway Corridor Specific Plan.

Impact 5.5-1: Development of the project could impact an identified historical resource. [Threshold C-11
Historical Resources
FCSP Buildout
Refer to Section C, Findings on Significant Environmental Impacts that can be Reduced to a Less Than Significant Level.

Pacific Oaks Commerce Center Project
The Pacific Oaks Commerce Center project would not result in any impacts to historic resources as there are no historic resources in the Pacific Oaks Commerce Center project site. Therefore, impacts would be less than significant.

Finding. The Proposed Project would have a less than significant direct, indirect, and cumulative impact on historic resources. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.5-2: For Impact 5.5-2, refer to Section C, Findings on Significant Environmental Impacts that can be Reduced to a Less than Significant Level.

Impact 5.5-3: Grading activities could potentially disturb human remains. [Threshold C-31 Human Remains
FCSP Buildout
As with the Approved Project, the Proposed Project would result in ground clearing, excavation, grading, and other construction activities. California Health and Safety Code Section 7050.5, CEQA Guidelines Section 15064.5, and PRC Section 5097.98 mandate the process to be followed in the event of an accidental discovery of any human remains in a location other than a dedicated cemetery.

Specifically, California Health and Safety Code, Section 7050.5, requires that if human remains are discovered on a project area, disturbance of the site shall remain halted until the coroner has conducted Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 27 -
08/26/2024 City Council Agenda 163

an investigation into the circumstances, manner, and cause of any death, and the recommendations concerning the treatment and disposition of the human remains have been made to the person responsible for the excavation, or to his or her authorized representative, in the manner provided in Section 5097.98 of the PRC. If the coroner determines that the remains are not subject to his or her authority and if the coroner recognizes or has reason to believe the human remains to be those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission. In the event soil -disturbing activities associated with the Proposed Project would result in the discovery of human remains, compliance with existing law would ensure that significant impacts to human remains would not occur.

Therefore, the Proposed Project would not result in new or substantially more severe significant impacts in this regard compared to the Approved Project.

Pacific Oaks Commerce Center
The Pacific Oaks Commerce Center project would result in the same impacts to human remains as identified for the Specific Plan. Therefore, impacts would be less than significant.

Finding. The Proposed Project would have a less than significant direct, indirect, and cumulative impact on discovery of human remains. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

6. Energy
Specific Plan PPPs
The following are plans, programs, and policies (PPPs) that would reduce the Proposed Project's potential energy impacts:

Design Guidelines
The FCSP Update includes the following design guidelines:
■ Site Planning: Single -Family
Climatic factors, such as prevailing winds, solar orientation, shade trees, window and door orientation, and the positioning of buildings on the site, should be coordinated to maximize energy conservation.
■ Residential Outdoor Lighting
Outdoor light fixtures, including streetlights and lamps (light bulbs) that provide nighttime safety and security while conserving energy, protecting the night sky, and minimizing glare and light trespass within and beyond the project site, shall be chosen. ■ Non-residential Outdoor Lighting
Outdoor light fixtures that provide nighttime safety and security should be selected to conserve energy, protect the night sky, and minimize glare and light trespass within and beyond the project site.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 28 -
08/26/2024 City Council Agenda 164

Impact 5.6-1: Implementation of the Proposed Project would not result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy, during project construction or operation. [Threshold E-1]
Energy Associated with Construction and Operational Impacts FCSP Buildout
Construction
Electricity use would fluctuate during construction, and it is anticipated that most electric -powered construction equipment would be hand tools and lighting, which would result in minimal electricity use during construction. Natural gas is not generally required to power construction equipment.

Transportation energy use during construction would come from delivery vehicles, haul trucks, and construction employee vehicles as well as off -road construction equipment. It is anticipated that the majority of off -road construction equipment, such as what is used during grading, would be gas or diesel powered. Fuel consumption during construction was calculated based on fuel consumption data for calendar years 2024 to 2029 from the EWAC2021 (v. 1.0.2) and 0FFROAD2021 (v. 1.0.5) databases, and the results are shown in Table 5.6-2, FCSP Construction -Related Fuel Usage, of the Draft SEIR.

To limit wasteful and unnecessary energy consumption from transportation, the construction contractors would minimize nonessential idling of construction equipment during construction in accordance with the California Code of Regulations Title 13, Article 4.8, Chapter 9, Section 2449, which limits nonessential idling of diesel -powered off -road equipment to five minutes. In addition, the project site is served by Interstate 10 and other freeways in the region (e.g., State Route 60) that would provide direct routes from various areas of the region. Furthermore, both the Approved Project and Proposed Project would accommodate residential, retail, and commercial uses, which would be expected to require similar construction processes and result in similar energy consumption. The warehousing uses in the BP -designated areas introduced under the Proposed Project would be a new land use type compared to what was analyzed in the 2008 Certified EIR. However, it is anticipated that the construction processes needed for development of warehousing would be similar to other commercial uses. Therefore, in consideration of the factors discussed, the Proposed Project would not result in wasteful, inefficient, or unnecessary consumption of fuel use during construction and would not result in new or a substantial increase in magnitude of impacts compared to the Approved Project.

Operation
Operation of new development projects under the Proposed Project would result in demands for electricity and natural gas. Operational use of electricity and natural gas would include heating, cooling, and ventilation of buildings; water heating; operation of electrical systems; use of on -site equipment and appliances; lighting; and charging electric vehicles. The electricity and natural gas consumption for the Proposed Project and the net change from the Approved Project are shown in Table 5.6-3, FCSP Electricity and Natural Gas Demand, of the Draft SEIR. As shown in the Table, the Proposed Project Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 29 -
08/26/2024 City Council Agenda 165

would result in a decrease in electricity and natural gas demand compared to the Approved Project.

The decrease is generally attributable to the decrease in the regional commercial space.

Land uses accommodated under the FCSP would be subject to the Building Energy Efficiency Standards and CALGreen which would contribute to reducing building energy demands through energy efficiency and use of renewable energy. The 2022 Building Energy Efficiency Standards prescriptive approach includes photovoltaic and battery storage requirements for residential and nonresidential land uses, which would increase renewable energy use. For the Pacific Oaks Commerce Center, the two proposed warehouses would each have a photovoltaic system installed. Each system would generate up to 150,000 kWh per year of renewable electricity.

Under the Building Energy Efficiency Standards, buildings that are designed to meet the prescriptive approach are referred to as the "Standard Design Building." As an alternative, the Building Energy Efficiency Standards also allows projects to demonstrate under the performance approach that the building's energy efficiency would be equivalent to or greater than the Standard Design Building —that is, what the Proposed Project's energy efficiency performance would be if it were to include solar and battery storage. Compliance with the Building Energy Efficiency Standards would also include installation of a higher efficiency heating, ventilation, and thermal envelope (e.g., insulation materials), which would contribute to reducing natural gas demands and decreasing overall reliance on fossil fuels.

Furthermore, SCE is required to comply with the state's renewable portfolios standard (RPS), which mandates utilities to procure a certain proportion of electricity from eligible renewable and carbon -free sources and increasing the proportion through the coming years with an ultimate procurement requirement of 100 percent by 2045. The RPS requirements would support use of electricity by the Proposed Project that is generated from renewable or carbon -free sources.

Therefore, the Proposed Project would not result in wasteful, inefficient, or unnecessary energy demands as it pertains to building energy and would not result in new or a substantial increase in magnitude of impacts compared to the Approved Project.

Transportation Fuels
Table 5.6-4, FCSP Annual Operation -Related Fuel Usage, of the Draft SEIR, shows the annual transportation -related fuel usage for the Proposed Project and the net change compared to the Approved Project under buildout year conditions.

As shown in the Table, the FCSP would result in an increase in diesel fuel and compressed natural gas (CNG). The primary cause for the increase in diesel would be attributable to use of off -road cargo handling equipment, and to a lesser degree, an increase in heavy duty trucks that are associated with proposed warehousing uses. For CNG, the increase would be attributed to an increase in trucks generated by the proposed warehousing uses accommodated by the FCSP. Although there would be an increase in diesel and CNG demand, the Proposed Project would generally result in a decrease in Vehicle Miles Traveled (VMT), which is consistent with the decrease in overall vehicle trips associated with the Proposed Project which would also result in a general decrease in gasoline and electricity demand.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 30 -
08/26/2024 City Council Agenda 166

In addition to the decrease in VMT per service population, fuel efficiency of vehicles during the next couple of decades to buildout year would, on average, improve compared to vehicle fuel efficiencies experienced under existing conditions, resulting in a lower per capita fuel consumption in later and buildout years assuming travel distances, travel modes, and trip rates remain the same. The improvement in fuel efficiency would be attributable to the statewide fuel reduction strategies and regulatory compliances (e.g., CAFE standards) that will make new cars more fuel efficient as well as the attrition of older, less fuel -efficient vehicles. The CAFE standards are not directly applicable to land use development projects, but to car manufacturers. However, compliance with the CAFE standards by car manufacturers would ensure that vehicles produced in future years have greater fuel efficiency and would generally result in an overall benefit of reducing fuel usage by providing the population of the project site's region with more fuel -efficient vehicle options.

Therefore, the Proposed Project would not result in new or a substantial increase in magnitude of impacts compared to that of the Approved Project, and impacts would be less than significant.

Pacific Oaks Commerce Center
Construction
Table 5.6-5, Pack Oaks Commerce Center Construction -Related Fuel Usage, of the Draft SEIR, shows the transportation energy use during construction of Wildwood Canyon Road and the Pacific Oaks Commerce Center warehouse facilities and trailer parking lot. Overall, the FCSP discussion regarding potential construction -related energy impacts is also applicable to the Pacific Oaks Commerce Center Project. Therefore, the Pacific Oaks Commerce Center project would not result in new impacts or a substantial increase in magnitude of impacts compared to the Approved Project.

Operation
Table 5.6-6, Pacific Oaks Commerce Center Operation -Related Fuel Usage, of the Draft SEIR shows the transportation energy use associated with operation of Pacific Oaks Commerce Center warehouse facilities and trailer parking lot. The Pacific Oaks Commerce Center project is within the overall FCSP and accounted for in Table 5.6-4. Thus, the FCSP discussion regarding potential operation -related energy impacts is also applicable to the Pacific Oaks Commerce Center Project. Therefore, the Pacific Oaks Commerce Center project would not result in new impacts or a substantial increase in magnitude of impacts compared to the Approved Project.

Finding. Compliance with existing PPPs would minimize adverse impacts from energy use to less than significant levels. The Proposed Project would have a less than significant direct, indirect, and cumulative impact on energy resources. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 31 -
08/26/2024 City Council Agenda 167

Impact 5.6-2: The Proposed Project would not conflict with or obstruct implementation of plans for renewable energy or energy efficiency. [Threshold E-21 Plans for Renewable Energy
FCSP Buildout
California Renewables Portfolio Standard (RPS) Program
The state's electricity grid is transitioning to renewable energy, such as wind, solar, geothermal, etc., under California's RPS Program. In general, California has RPS requirements of 33 percent renewable energy by 2020 (SB X1-2), 44 percent by 2024, 50 percent by 2026, 52 percent by 2027, 60 percent by 2030, 90 percent by 2035, 95 percent by 2040, and 100 percent by 2045. The statewide RPS requirements do not directly apply to individual development projects, but to utilities and energy providers such as Southern California Edison (SCE), whose compliance with RPS requirements would contribute to the state objective of transitioning to renewable energy. Similar to the Approved Project, the land uses accommodated by the Proposed Project would comply with the current and future iterations of the Building Energy Efficiency Standards, which have requirements for installation of photovoltaic systems and battery storage for residential and non-residential land use types. Therefore, implementation of the Proposed Project would not conflict or obstruct implementation of California's RPS Program and would not result in new or a substantial increase in magnitude of impacts compared to the Approved Project.

Citv of Yucaipa Climate Action Plan (CAP
The City's CAP includes State and local energy -related measures. As discussed above for the Scoping Plan, the energy -related measures at the State level (e.g., Measure State-2: Title 24 Standards for Non - Residential and Residential Buildings) would provide downstream benefits at the local level. The local CAP energy -related measures primarily cover solar installation for existing residential and commercial uses and would generally not be applicable to the Proposed Project. While not directly energy -related, the Proposed Project would utilize recycled water for its landscaping and general outdoor water needs, which would be consistent with the Wastewater-3: Recycled Water local CAP measure. Use of recycled water would contribute to reducing electricity consumption associated with the transport of water.

Additionally, and overall, as discussed in Impact 5.6-1, the Proposed Project would result in a net decrease in energy demand compared to the Approved Project. This net decrease in energy demand would generally be consistent with the CAP goal of reducing energy demand to reduce energy -sector emissions (see Table 5.8-4 in Chapter 5.8, Greenhouse Gas Emissions, of this Draft SEIR). Therefore, implementation of the Proposed Project would not conflict or obstruct implementation of the City of Yucaipa CAP and would not result in new or a substantial increase in magnitude of impacts compared to the Approved Project.

Pacific Oaks Commerce Center
California Renewab/es Portfolio Standard Program
The FCSP discussion regarding consistency with California's RPS program is also applicable to the Pacific Oaks Commerce Center Project. As stated, the Pacific Oaks Commerce Center warehouses Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 32 -
08/26/2024 City Council Agenda 168

would each install a photovoltaic system that would generate 150,000 kWh of renewable electricity per year per system. Therefore, the Pacific Oaks Commerce Center project would not conflict or obstruct implementation of California's RPS program and would not result in new or a substantial increase in magnitude of impacts compared to the Approved Project.

Citv of Yucaiva Climate Action Plan
The Pacific Oaks Commerce Center project is encompassed within and part of the FCSP. Thus, the FCSP discussion regarding consistency with the City of Yucaipa CAP is also applicable to the Pacific Oaks Commerce Center Project. Therefore, the Pacific Oaks Commerce Center project would not conflict or obstruct implementation of the City's CAP and would not result in new or a substantial increase in magnitude of impacts compared to the Approved Project.

Finding. Compliance with existing PPPs would minimize adverse impacts from energy to less than significant levels. The Proposed Project would have a less than significant direct, indirect, and cumulative impact on consistency with the RPS and Yucaipa Climate Action Plan. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

7. Geology and Soils
Specific Plan PPPs
The following are plans, programs, and policies (PPPs) that would reduce the Proposed Project's potential geology and soils impacts:

The Specific Plan includes a variety of provisions, including Section 3.6 and Section 4.8, of the Specific Plan, which describe the required use of contour grading with undulating slopes and native plantings to provide for a transition between open space and future development that is intended to ensure that site grading efforts maintain a more naturalistic appearance.

Impact 5.7-1: Project residents or occupants, and visitors would be subject to potential seismic -related hazards resulting in risks to life or property. [Thresholds G-1i through G-1iv, and G-4])
Seismic -Related Hazards
FCSP Buildout
Refer to Section C, Findings on Significant Environmental Impacts that can be Deduced to a Less Than Significant Level.

Pacific Oaks Commerce Center Project
In accordance with Mitigation Measures GS-1 and GS-2, site specific geotechnical (see Appendix H of the Draft SEIR) and hydrology studies (see Appendix L of the Draft SEIR) have been performed for the Pacific Oaks Commerce Center project.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 33 -
08/26/2024 City Council Agenda 169

Earthquakes and Ground -Rupture
The Pacific Oaks Commerce Center project site is not located within an Alquist-Priolo Earthquake Fault Zone or a designated fault zone. As indicated in the geotechnical report prepared for the Pacific Oaks Commerce Center project, the possibility of significant fault rupture on the site is considered to be low. The Pacific Oaks Commerce Center project would be required to adhere to the latest version of the California Building Code (CBC) which provides procedures for earthquake resistant structural design. The Community Development Department would verify that the Pacific Oaks Commerce Center project will adhere to the recommendations of the geotechnical report. Therefore, impacts would be less than significant. Therefore, the Pacific Oaks Commerce Center project would not result in new or substantially more severe significant impacts in this regard, when compared to the impacts in the 2008 Certified EIR.

Landslides and Liquefaction
According to the geotechnical report, the Pacific Oaks Commerce Center project is not located within an area of liquefaction, and based on historic high groundwater research, which is considered to exist in a depth in excess of 50 feet, liquefaction is not considered to be a design concern for the Pacific Oaks Commerce Center site. Evidence of large-scale landslides or slope instability at the Pacific Oaks Commerce Center site was not observed; however, some of the slopes descending from the terraced older alluvium to the drainages below are relatively steep and it is expected that some near -surface slide material is likely present within some of these slope areas. The San Bernardino County Geologic Hazard Map indicates a low to moderate landslide susceptibility. The Community Development Department would verify that the Pacific Oaks Commerce Center project will adhere to the recommendations of the geotechnical report. Therefore, impacts would be less than significant.

Therefore, the Pacific Oaks Commerce Center project would not result in new or substantially more severe significant impacts in this regard, when compared to the impacts in the 2008 Certified EIR.

Finding. The Proposed Project would have a less than significant direct, indirect, and cumulative impact to seismic -related hazards. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.7-2: Unstable geologic unit or soils conditions, including soil erosion, could result from development of the project resulting in risks to life or property. [Thresholds G-2, G-3, and G-4]
Soils -Related Hazards
FCSP Buildout
Refer to Section C, Findings on Significant Environmental Impacts that can be Reduced to a Less Than Significant Level.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 34 -
08/26/2024 City Council Agenda 170

Pacific Oaks Commerce Center Project
In accordance with Mitigation Measure GS-1 and GS-2, site specific geotechnical (see Appendix H of the Draft SEIR) and hydrology studies (see Appendix L of the Draft SEIR) have been performed for the Pacific Oaks Commerce Center project.

Soil Erosion
According to the geotechnical report, artificial fill consisting of loose/medium stiff clayey fine to medium sand to fine to medium sandy clay, younger alluvium consisting of loose to medium dense silty fine sand and silty fine to coarse sand, older alluvium consisting primarily of loose to dense silty fine to medium sand and silty fine to coarse sand, and San Timoteo Formation bedrock consisting primarily of dense to very dense fine- to coarse -grained sandstone with variable silt content were encountered on the Pacific Oaks Commerce Center site. Implementation of the CBC, as well as best management practices in the hydrology report would ensure that erosion would be minimized. The Community Development Department would verify that the Pacific Oaks Commerce Center project will adhere to the recommendations of the hydrology report.

According to the geotechnical report, preliminary site grading recommendations include remedial grading within the proposed building areas in order to remove all undocumented fill soils, which would generally be at a depth of approximately 10 feet. Soils classified as younger alluvium are expected to require overexcavation to a depth of at least 10 feet below the existing grade. The geotechnical report indicated that recommendations should be confirmed as part of the design -level geotechnical investigation. Therefore, impacts would be less than significant and the Pacific Oaks Commerce Center project would not result in new or substantially more severe significant impacts in this regard than were analyzed in the 2008 Certified EIR.

Expansive Soils
The geotechnical report indicated that the expansion potential of soils in the Pacific Oaks Commerce Center project site ranged from non -expansive to medium expansion. However, mass grading of the site is expected to blend onsite soils, resulting in a very low to low expansive potential. The geotechnical report indicates that additional expansion testing should be performed at the time of the design -level geotechnical investigation. The Community Development Department would verify that the Pacific Oaks Commerce Center project will adhere to the recommendations of the geotechnical report.

Therefore, impacts would be less than significant and the Pacific Oaks Commerce Center project would not result in new or substantially more severe significant impacts in this regard than were analyzed in the 2008 Certified EIR.

Lateral Spreading
According to the geotechnical report, the static groundwater table is considered to exist at a depth greater than 50 feet below existing grades. As the Pacific Oaks Commerce Center site is not mapped within an area susceptible to liquefaction, impacts would be less than significant. The Community Development Department would verify that the Pacific Oaks Commerce Center project will adhere to the recommendations of the geotechnical report. As such, the Pacific Oaks Commerce Center project Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 35 -
08/26/2024 City Council Agenda 171

would not result in new or substantially more severe significant impacts in this regard than were analyzed in the 2008 Certified EIR.

Subsidence
According to the geotechnical report, removal and recompaction of the near -surface fill and alluvial soils is estimated to result in an average shrinkage of 5 to 15 percent. The groundwater table is considered to exist at a depth greater than 50 feet, and sustainable groundwater management practices by local water companies reduce the potential for future land subsidence. The geotechnical report indicates that no significant subsidence is expected to occur in excavations that are underlain by bedrock. The Community Development Department would verify that the Pacific Oaks Commerce Center project will adhere to the recommendations of the geotechnical report. Therefore, impacts would be less than significant and the Pacific Oaks Commerce Center project would not result in new or substantially more severe significant impacts in this regard than were analyzed in the 2008 Certified EIR.

Finding. The Proposed Project would have a less than significant direct, indirect, and cumulative impact to soils -related hazards. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.7-3: Soil conditions may not adequately support proposed septic tanks. [Threshold G-51
Septic Tanks
FCSP Buildout
The FCSP Buildout would not include the installation of new septic tanks, and there would be no impact.

Pacific Oaks Commerce Center
The Pacific Oaks Commerce Center project would not include the installation of new septic tanks, and there would be no impact.

Finding. Compliance with existing PPPs would minimize adverse impacts of geology and soils resources to less than significant levels. The Proposed Project would have a less than significant direct, indirect, and cumulative impact to septic tanks. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of OverridingConsiderations - 36 -
08/26/2024 City Council Agena 172

Impact 5.7-4: For Impact 5.7-4, refer to Section C, Findings on Significant Environmental Impacts that can be Reduced to a Less than Significant Level.

8. Hazards and Hazardous Materials
Specific Plan PPPs
The following are plans, programs, and policies (PPPs) that would reduce the Proposed Project's potential hazards and hazardous materials impacts:

Development Standards
Development is required to adhere to the requirements identified in the Specific Plan.

Fire Protection Plan
Development within the FCSP is required to adhere to the requirements identified in the FCSP Fire Protection Plan (see Appendix S of the Draft SEIR).

Section 2.2.5 Fire Protection Features' Beneficial Effect on Wildfire Ignition Risk Reduction

1. Ignition Resistant, Planning, and Maintained Landscape. Landscaping within the plan area, including common areas and Fuel Modification Zones (FMZ), would be subject to strict plant types that are lower ignition plants. Landscaping close to structures will require irrigation to maintain high plant moistures.

2. Fuel Modification Zones. All development within the plan area will provide an FMZ, which would be 100 feet and includes specifically selected plant species, very low fuel densities (only 30 percent retention of native plants in outer zones and irrigated inner zones), and ongoing maintenance, resulting in a wide buffer between the developed areas and the off -site native fuels.

3. Annual FMZ Inspections. All developments within the Specific Plan area, each developer would have a contracted, 3rd party, Yucaipa Fire Department —approved FMZ inspector perform two inspections per year to ensure that FMZs are maintained in a condition that is consistent with the City's and Fire Protection Plan requirements and would provide a benefit of a wide barrier separating wildland fuels from on -site ignitions.

4. Ignition Resistant Structures. Structures within the plan area would be built to the CBC Chapter 7A ignition resistant requirements that have been developed and codified after fire save and loss assessments. These measures would result in structures that are designed, built, and maintained to withstand fire and embers associated with wildfires.

5. Interior Fire Sprinklers. Developments within the plan area would include interior fire sprinklers, which are designed to provide additional time for occupants to escape the structures. Sprinklers are also designed to provide structural protection.

6. Fire Access Roads. All roads within the plan area would provide code -consistent access throughout each development, including at least two points of ingress/egress.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 37
08/26/2024 City Council Agenda 173

7. Water. Future development within the plan area will provide water for firefighting throughout the project site, including fire hydrants accessible by fire engines, which is a critical component of suppressing both structural and vegetation fires. All development in the plan area will provide firefighting water volume, availability, and sustained pressures to the satisfaction of Yucaipa Fire Department.

Section 5.4 Defensible Space and Vegetation Management
This section of the Fire Protection Plan includes defensible space and FMZ requirements. An FMZ is a strip of land where combustible vegetation has been removed and/or modified and partially or completely replaced with more adequately spaced, drought -tolerant, fire-resistant plants to give structures a reasonable level of protection from wildland fire. The FMZ would include a minimum 5- foot-wide noncombustible Zone A, a 45-foot-wide irrigated Zone B, and a 50-foot-wide thinning Zone C. In areas that would be unable to achieve 100 feet of FMZ, the incorporation of enhanced construction features, such as a 6-foot heat deflecting wall constructed of concrete masonry units between on -site structures and unmaintained open space would be used to provide a functional equivalency for a full FMZ. FMZs would be maintained on at least an annual basis or more often as needed to maintain the fuel modification buffer function. An on -site inspection will be conducted by the Yucaipa Fire Department upon completion of landscape installation before a certificate of occupancy being granted by the City's building code official.

Additionally, a fire access road zone would provide 10 feet of horizontal clearance on each side and 20 feet of vertical clearance along all fire access roads. This zone would also require an unobstructed vertical clearance of 20 feet, appropriate placing of landscaping and native plants, lower flammability trees, and maintenance of landscaping and other features.

Prior to the start of construction, perimeter fuel modification areas would be implemented and approved by the Yucaipa Fire Department from combustible materials that are brought on -site. This includes removing 50 percent of the existing flammable vegetation and removing dead fuel, ladder fuel, and downed fuel.

Appendix D of the Fire Protection Plan contains a list of undesirable plants that have highly flammable characteristics. These characteristics can be physical (structure promotes ignition or combustible) or chemical (volatile chemicals increase flammability or combustion characteristics). These plants could not be planted or allowed to establish opportunistically within the FMZs or landscape areas.

Conditions of Approval
Specific Plan
■ Prior to approval of recording any final map or issuance of a Building Permit, a Community Facilities District (CFD) or Fire Service Agreement (FSA) shall be approved and implemented to support the needs of the Yucaipa Fire Department to serve the FCSP. In particular, the CFD or FSA shall address the equipment requirements related to an identified need for an aerial ladder and/or Type 6 Medic Patrol or Medic Squad to adequately ensure availability of needed resources.

The CFD or FSA shall be approved in cooperation with the Yucaipa Fire Department, City of Yucaipa Planning Department, and property owners (or residents if a CFD is approved requiring Freeway Corridor Specific Plan Project
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voter approval [greater than 12 property owners]). The parties may agree to an alternate funding mechanism from the options described in the Specific Plan as desired. ■ Projects with square footages over 400,000 square feet, or those that are three or more stories tall, or higher than 45 tall will participate in a fair -share funding agreement for an aerial ladder truck.

The funding amounts are to be determined by the City and respective Applicant.

Pacific Oaks Commerce Center
This project is protected by the Yucaipa Fire Department / CalFire. Prior to any construction occurring on any parcel, the applicant shall contact the Fire Marshall for verification of current fire protection development requirements. All new construction shall comply with the adopted Uniform Fire Code and all applicable statutes, codes, ordinances, standards and policies of the Yucaipa Fire Department/CalFire.
■ This project is in Fire Safety Review Area 2. This is a high fire hazard brush area. This project shall comply with the construction and development standards for a FR-2 Area. Contact the City Building & Safety Division for FR-2 Area construction and development standards. ■ Fire Department access roads and/or public/private streets shall meet the Fire Department minimum width standard of 24 feet. Within FR-1 zone minimum width shall be 26 feet. Access roads shall be paved (asphalt/concrete) and in place prior to placement of combustible material on site. Fire Department minimum paving thickness shall be no less than 4 inches. This standard shall not lessen other agency requirements.
■ Fire Department access roads and/or public/private streets and residential driveways shall have a minimum vertical clearance of 13 feet and 6 inches.
■ Fire Department access roadways and/or public/private streets and driveways shall not exceed 12 percent grade (please note: Engineering Division requirements may be more restrictive). ■ Cul-de-sacs shall not exceed 600 feet in total length, unless otherwise approved by the Fire Department.
■ Required fire flow for this project, as determined by I.S.O. Formula, is as follows: GPM = 8,000, at 20 psi residual; for 4 hour duration A reduction in the required fire flow rate may be allowed per the exceptions specified in the California Fire Code. System shall be looped with minimum 8 inch mains; 6 inch laterals; 6 inch risers; 6 inch diameter hydrants with one 2 1/z" outlet and one 4" outlet.

Freeway Corridor Specific Plan Project
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■ Fire hydrants shall be installed at locations to be determined by the California Fire Code (2022) Appendix "C". Required fire flow to be determined by the California Fire Code (2022) Appendix "B". Minimum fire flow shall not be less than 8,000 gpm (exceptions not applied). ■ A greenbelt or fuel modification zone plan shall be required and bonded for this project. Fuel modification plan requirements shall be site specific to this project. The applicant shall submit a fuel modification plan to the Fire Department for review and comments or approval. Maintenance provisions of the fuel modification zone shall be approved by the Fire Department. Maintenance of the fuel modification zone, located in designated open space, and enforcement of the fuel modification zone, within the property of individual property owners, shall be the responsibility of a homeowners' association or other approved maintenance authority that is acceptable to the Fire Department.
■ Three sets of water delivery system plans, designed to meet the required fire flow for this project and/or development shall be submitted to the Fire Department for approval. ■ Applicant -developer shall provide the Fire Department with a letter from the water company serving the project -development, verifying that financial arrangements have been made and bonds posted for the required Fire Department approved water improvements. ■ Prior to any construction, the entire fuel modification zone required and approved by the Fire Department shall be completed. Any phased implementation of the fuel modification zone shall be done only with prior approval of the Fire Department. ■ A fuel break of 100 feet (brush and weed clearance) is required prior to construction. The clearance shall be maintained on a year-round basis.
■ An additional fuel modification zone of 100 feet shall be provided on all side(s) of the proposed structure(s). Fuels in this zone are to be thinned and/or removed or otherwise modified to provide a reasonable level of fire defense protection to the proposed structure(s). ■ Fire hydrants shall be installed and operational as per approved water system delivery plans prior to any framing, construction, or delivery of combustible materials to project site. ■ An alternative type of construction providing a higher level of fire resistance is required. Contact the Fire Department or City Building Official for more information. ■ Fire Department access roadways and/or public/private streets exceeding 150 feet in length shall have a Fire Department approved turn -around at the terminus (cul-de-sac). Minimum radius shall be not less than 48 feet.
■ Fire Department access roadways and/or public/private streets and driveways shall extend to within one hundred fifty (150) feet of and shall give reasonable access to all portions of the exterior walls of the first story of any building. An access road, approved by the Fire Department, shall be provided to within fifty (50) feet of all structures when the natural grade between access road and Freeway Corridor Specific Plan Project
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structure is in excess of 30 percent. Where an approved access road cannot be provided, a fire protection system shall be required and approved by the Fire Department.

The development and/or project, and each phase thereof, shall have a minimum of two (2) remote points of access, including a secondary access, for fire and other emergency equipment and for routes of escape which will safely handle evacuations.

Manual operated gates across Fire Department access roadways, public and/or private streets and driveways, shall be equipped with approved emergency key -operated ("Knox" type) locks. For automatic gates, a "Knox" keyed emergency access switch shall be installed at location determined by Fire Department, and shall over -ride all command functions and open gate automatically upon activation. All automatic gates shall have a manual over -ride for use during loss of electric power. "Knox box" request forms are available from the Fire Department. ■ "No Parking - Fire Lane" signs shall be posted at locations designated by Fire Marshall. Fire lane curbs shall be painted red with white letters stating "No Parking — Fire Lane". ■ On site fire hydrants capable of supplying required fire flow shall be installed at locations identified by the Fire Marshall. System shall be looped with minimum 8 inch mains; 6 inch laterals; 6 inch risers; 6 inch diameter hydrants with one 2'/2" outlet and one 4" outlet. ■ Approved fire hydrant pavement markers shall be installed. ■ Automatic fire sprinklers shall be installed according to NFPA 13 and Fire Department requirements. Submit 3 sets of shop plans with material cut sheets and hydraulic calculations, indicating the type of occupancy, type of materials to be stored (if any), for Fire Department review and approval prior to any installation. Submit copy of California C-16 license. ■ Automatic fire sprinkler control devices (P.I.V. & O.S.&Y.) shall be visible from Fire Department access roadway, and identify system being controlled and address of structure. Fire Department Connection (FDC) shall be located no closer than 50 feet and not to exceed 150 feet from structure. Required fire hydrant shall have a maximum distance from FDC of 30 feet. FDC shall identify address and system of structure being protected. ■ A minimum of one 2A-10BC fire extinguisher shall be installed for each 3,000 sq. ft. of floor area.

Travel distance to any one fire extinguisher shall not exceed 75 feet. Additional fire extinguishers, size and class to be determined by Fire Department, may be required. Fire extinguishers shall be serviced annually and shall have a current sfm service tag attached. ■ An automatic fire detection and alarm system meeting the requirements of UFC Article 10, CBC and NFPA 72 shall be installed. Three sets of shop plans with material cut sheets and calculations shall be submitted to the Fire Department for review and approval prior to installation. ■ Dependent on occupancy type and load, an automatic smoke removal system shall be installed.

The system shall comply with the UFC and CBC requirements. Three sets of shop plans with Freeway Corridor Specific Plan Project
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material cut sheets and calculations shall be submitted to the Fire Department for review and approval prior to installation.
■ Dependent on occupancy type and load, an automatic smoke ventilation system shall be installed.

Roof vent, venting ratios and draft curtains shall be provided. Three (3) sets of shop plans with material cut sheets and calculations shall be submitted to the Fire Department for review and approval prior to installation.
■ High Fire Hazard Areas FR-1 & FR-2: one -hour fire resistive construction is required for exterior walls. Contact Fire Marshall or City Building Official for more information. ■ The main electrical panel and all sub -panels shall be labeled on inside cover for all circuits. ■ Water heater (fuel fired) shall be properly vented to exterior of structure. Water heater shall be seismic strapped to wall and be located 18" above a garage floor. ■ Commercial and industrial structures/occupancies and gated complexes shall have a "knox box" system installed on the exterior of the buildings or complex. Location of device to be determined by the Fire Department. The box shall contain keys necessary to gain access and may contain pre - plans and msds information as required by the Fire Department. ■ Commercial exit requirements:

A. Required exit doors shall be maintained in an operable condition at all times.

B. Required exit doors shall swing outward and away in the direction of exit travel.

C. Obstructions shall not be placed in the required width of an exit. Exits shall not be blocked or locked shut or obstructed in any manner during business hours.

D. Exit paths shall be illuminated when structure is occupied.

E. Exit path illumination shall be supplied from 2 sources of power when occupant load is one 100 persons or more.

F. When exit way/exit pathway and/or exit doorway is not easily identified, additional exit signs shall be installed.

G. Exit signs shall be internally or externally illuminated by two lamps or shall be of the self - luminous type.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
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08/26/2024 City Council Agenda 178

Commercial and industrial buildings in excess of 20,000 square feet and with an interior area more than 150 feet from exterior exit, shall be equipped with a Class I standpipe system or as needed to meet California Fire Code Section 905. Standpipe connections shall be configured to reach any portion of interior space within 150 feet in any direction of travel. This system shall be calculated to provide 500 gpm from an adjacent automatic fire sprinkler riser at 100 psi nozzle pressure for two hand lines flowing.
■ To ensure that the construction of the proposed 'structures does not impact the Yucaipa Fire Department's Insurance Services Office (ISO) rating, applicant shall pay to the City approximately half of the cost of a ladder truck fire apparatus (with associated equipment) in the amount of $490,000 to be used by the City to assist with the purchase of the ladder truck.

Impact 5.9-1: Project construction and/or operations would involve the transport, use, and/or disposal of hazardous materials but would comply with existing regulations to minimize risk. [Thresholds H-1, H-2, and H-3] Transport, Use, and Disposal of Hazardous Materials
FCSP Buildout
In comparison to the land uses for the plan area designated in the 2008 Certified EIR, the Proposed Project would designate 48.8 acres for agro-commercial tourism. Similar to the 2008 Certified EK the residential regional commercial and business park uses, the residential areas, and the regional commercial and business park areas of the Proposed Project would result in the routine transport, use, or disposal of hazardous materials. The agro-commercial tourism portion of the Proposed Project is not introducing new areas of agriculture because this area is already being used that way. The nearest school to the plan area is the Mesa View Middle School approximately 0.27-mile south of the plan area in the City of Calimesa, and therefore, would not handle hazardous materials within a quarter mile of a school site. Hazardous materials use in the plan area was anticipated and addressed in the 2008 Certified EIR. Overall, existing regulations with respect to hazardous materials transportation, management, and disposal are designed to be protective of human health. The Resource Conservation and Recovery Act, Emergency Planning and Community Right -to -Know Act, and state regulations all minimize potential hazardous material impacts. Therefore, the Proposed Project would not result in new or substantially more severe significant impacts in this regard when compared to the Approved Project.

Pacific Oaks Commerce Center
The Pacific Oaks Commerce Center project would result in the same impacts to hazards and hazardous materials as identified for the Specific Plan. As identified above, the nearest school to the plan area is the Mesa View Middle School approximately 0.27-mile south of the plan area in the City of Calimesa, and therefore, would not handle hazardous materials within a quarter mile of a school site. Therefore, impacts would be less than significant. The Pacific Oaks Commerce Center project would not result in new or substantially more severe significant impacts in this regard when compared to the Approved Project.

Freeway Corridor Specific Plan Project
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Statement of Overriding Considerations - 43 -
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Finding. Compliance with existing PPPs would minimize adverse impacts from hazards and hazardous materials to less than significant levels. The Proposed Project would have a less than significant direct, indirect, and cumulative impact from transport, use, and disposal of hazardous materials. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.6-2: The plan area is not on a list of hazardous materials sites. [Threshold H-4] Hazardous Materials Sites
FCSP Buildout
According to a review of online databases that identify hazardous materials sites (EnviroMapper, GeoTracker, and EnviroStor), there are no hazardous materials cleanup sites or hazardous waste facility sites on or immediately adjacent to the plan area. Therefore, the Proposed Project would not result in new or substantially more severe significant impacts in this regard, when compared to the Approved Project.

Pacific Oaks Commerce Center
The Pacific Oaks Commerce Center site, like the plan area, does not contain any hazardous materials cleanup sites or hazardous waste facility sites. The Pacific Oaks Commerce Center project would result in the same impacts to hazards and hazardous materials as identified for the Specific Plan. Therefore, impacts would be less than significant. The Pacific Oaks Commerce Center project would not result in new or substantially more severe significant impacts in this regard when compared to the Approved Project.

Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.6-3: The project site is not located in the vicinity of an airport or within the jurisdiction of an airport land use plan. [Threshold H-5] Airport Hazards
FCSP Buildout
The closest airport to the project site is the Redlands Municipal Airport, 5.3 miles northwest of the plan area. The plan area does not lie within two miles of a public airport or public use airport, or within an airport land use plan. Additionally, the Proposed Project would not construct new development that would interfere with airport operations. There has been no change in conditions since the 2008 Certified EIR. Therefore, the Proposed Project would not result in new or substantially more severe significant impacts related to airports when compared to the Approved Project.

Freeway Corridor Specific Plan Project
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08/26/2024 City Council Agenda 180

Pacific Oaks Commerce Center
The Pacific Oaks Commerce Center project would result in the same impacts to hazards and hazardous materials as identified for the Specific Plan. Therefore, impacts would be less than significant. The Pacific Oaks Commerce Center project would not result in new or substantially more severe significant impacts in this regard when compared to the Approved Project.

Finding. Compliance with existing PPPs would minimize adverse impacts from hazards and hazardous materials to less than significant levels. The Proposed Project would have a less than significant direct, indirect, and cumulative impact associated with airport hazards. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.6-4: Project development would not affect the implementation of an emergency responder or evacuation plan. [Threshold H-6]
Emergency Responder/Evacuation Plans
FCSP Buildout
The City of Yucaipa Emergency Operations Plan (EOP) provides guidance and procedures for the City to prepare for and respond to extraordinary emergency situations requiring coordinated response.

Development of the plan area in accordance with the Proposed Project would include construction that may temporarily impact traffic in the plan area. Temporary traffic diversion, truck haul routes, and impacts to the roadway would be coordinated with the City and applicable emergency response agencies to ensure adequate access during any construction activities. The City's Building and Safety Department, along with the Yucaipa Fire Department/Fire Marshall and Sheriffs Department, would review building plans during plan check to ensure that adequate site access is maintained and that roadway improvements and project driveways would not interfere with circulation on adjacent streets.

The Proposed Project would include the various features to ensure fire access and evacuation on the plan area roadways, such as ensuring compliance with access road standards, internal roadways to be a minimum of 20 feet wide, fire apparatus access road gradients do not exceed 12 percent, streets meet fire code requirements, adequate vertical clearance of vegetation, cul-de-sacs and fire apparatus turnarounds will meet requirements and Yucaipa Fire Department standards, traffic lights are compatible with devices on fire apparatus (traffic pre-emption devices), roadways/driveways provide fire department access within 150 feet of all portions of the exterior wall, roadway design features do not interfere with emergency apparatus, and access roads are suable by a fire apparatus prior to lumber drop onsite.

However, as discussed in Chapter 5.14, Populations and Housin& of this Draft SEIR, the Proposed Project would increase the residential units and total residents by 25 dwelling units and 69 residents, respectively, compared to the Approved Project. Additionally, the Proposed Project would decrease the number of jobs by 317 jobs compared to the Approved Project, and the employment centers would include more logistics and warehousing than the Approved Project, which would reduce the number Freeway Corridor Specific Plan Project
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of visitors to the plan area due to fewer retail and commercial uses. This change to the number of residents and jobs would reduce daily weekday trips under the Proposed Project by 81,073 trips when compared to the Approved Project, as discussed in Chapter 5.17, Transportation, of this Draft SEIR.

Therefore, if the entire plan area were to evacuate at the same time, the number of vehicles needing to evacuate would be reduced under the Proposed Project.

Effective emergency response depends on the Fire Department response times throughout the plan area. As discussed in Chapter 5.15, Public Services, and the Fire Protection Plan, Yucaipa Fire Station 3 would provide initial response to the plan area with an average response time of 8 minutes and 36 seconds. Although this response time is beyond the five-minute response standard, given the Project's fire safety features and the flexibility allowed by the response time 90 percent achievement rate, the response time is considered to substantially conform with the Fire Department's internal standards, subject to Fire Department review. Therefore, the Proposed Project would not impair the EOP more substantially than the Approved Project.

Additionally, like the Approved Project, including the approved Conditions of Approval, the Proposed Project would include fire safety features that would ensure adequate emergency fire access and resident or employee evacuation. These include ignition -resistant landscaping, fuel modification zones around roads and buildings, code -compliant access roads, and adequate water for fire suppression, which would assist the Yucaipa Fire Department and other emergency response agencies in responding to emergencies within the plan area. Additionally, the Proposed Project would be required to comply with the State and local regulations and requirements to ensure adequate road widths and clearances for emergency vehicles and access. Therefore, the Proposed Project would not substantially impair implementation of the EOP or Evacuation Routes when compared to the Approved Project. .

Emergency response and evacuation could be hindered by construction activities. However, all construction staging would be within the plan area and would not block access to and from the plan area. The construction would be phased over 15 to 20 years and would have similar construction activities to that of the Approved Project. Therefore, the Proposed Project would not impede emergency access to or evacuation from the surrounding community compared to the Approved Project.

The Proposed Project would not result in new impacts or a substantial increase in magnitude of impacts to adopted emergency response and evacuation plans compared to the Approved Project. Impacts would be less than significant.

Pacific Oaks Commerce Center
The Pacific Oaks Commerce Center project would result in the same impacts to hazards and hazardous materials as identified for the Specific Plan. The Pacific Oaks Commerce Center project would include fire safety features that would ensure adequate emergency fire access and resident or employee evacuation. These include ignition -resistant landscaping, fuel modification zones around roads and buildings, code -compliant access roads, and adequate water for fire suppression, which would assist the Yucaipa Fire Department and other emergency response agencies in responding to emergencies within the plan area. Additionally, the Proposed Project would be required to comply with the State and local regulations and requirements to ensure adequate road widths and clearances for emergency Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
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vehicles and access. Therefore, impacts would be less than significant. The Pacific Oaks Commerce Center project would not result in new or substantially more severe significant impacts in this regard when compared to the Approved Project.

Finding. Compliance with existing PPPs would minimize adverse impacts from hazards and hazardous materials to less than significant levels. The Proposed Project would have a less than significant direct, indirect, and cumulative impact associated with interfering with emergency response and evacuation plans. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.9-5: The project site is in a designated very high fire hazard severity zone and could expose structures and/or residences to fire danger. [Threshold H-71 Fire Hazard Zones
FCSP Buildout
The Proposed Project would result in an increase of 25 dwelling units and 69 people, a reduction of approximately 2.28 million square feet of Regional Commercial (RC), an increase of approximately

2.79 million square feet of Business Park (BP), and a reduction of 317 employees in comparison to the Approved Project.

The Approved Project contains several Conditions of Approval to reduce exposure to wildfire or pollutants from wildfire. Several of these conditions are now requirements in the California Building Code, California Fire Code, Fire Safe Regulations, and/or the Yucaipa Municipal Code. The Conditions of Approval include a 100-foot fuel break prior construction and maintained year-round; fire hydrants installed and operational prior to framing, construction or delivery of combustible materials to a project site; ensuring water storage and delivery during construction prior to framing, construction, or delivery of combustible materials to a project site; compliance with all applicable fire codes/statutes/policies; fire department access roads and/or public and private streets shall meet the Fire Department minimum width standard of 24 feet, or 26 feet in the FR-1 Zone; cul-de-sac and dead-end streets shall not exceed 350 feet in FR-1 areas; installation of fire hydrants; a greenbelt or fuel modification zone plan; and so on.

The Proposed Project would include similar vegetation management, water, street design, and fuel break features throughout the plan area. Additionally, the California Building Code, California Fire Code, and Fire Safe Regulations have been updated since the certification of the 2008 EIR, and therefore the Proposed Project would be required to go beyond the requirements of the Approved Project for vegetation and fuel management in the plan area to reduce wildfire impacts. Furthermore, the Proposed Project would go beyond the code requirements to include a fuel management zone (FMZ) with an added noncombustible zone, advanced protection measures where a 100-foot FMZ is not possible, FMZ inspections, and a Homeowners Association education and outreach program.

A Fire Protection Plan (FPP) has been prepared for the Proposed Project (see Appendix S of the Draft SEIR), and development would comply with this plan. The FPP also describes applicable State of California, County of San Bernardino, and the City of Yucaipa building code and fire Freeway Corridor Specific Plan Project
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prevention/protection measures. With implementation of the FPP and applicable regulatory requirements, the Proposed Project would not result in new or substantially more severe significant impacts related to wildfire impacts than land development for the plan area as permitted under the Approved Project.

Pacific Oaks Commerce Center
The Pacific Oaks Commerce Center project would result in the same impacts fire hazards as identified for the Specific Plan. Therefore, impacts would be less than significant. Therefore, the Pacific Oaks Commerce Center project would not result in new or substantially more severe significant impacts in this regard when compared to the Approved Project.

Finding. Compliance with existing PPPs would minimize adverse impacts from hazards and hazardous materials to less than significant levels. The Proposed Project would have a less than significant direct, indirect, and cumulative impact associated with fire. hazard zones. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

9. Hydrology and Water Quality
Specific Plan PPPs
There are no specific FCSP development standards or design guidelines pertaining to hydrology and water quality. The FCSP development standards and design guidelines for hydrology and water quality will defer to the existing policies the City has in place.

Impact 5.10-1: For Impact 5.10-1, refer to Section C, Findings on Significant Environmental Impacts that can be Reduced to a Less than Significant Level.

Impact 5.10-2: The Proposed Project would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the Proposed Project could impede sustainable groundwater management of the basin. [Threshold HYD-2]
Groundwater Supplies/Recharge
FCSP Buildout
Yucaipa Valley Water District (YVNYD) supplies potable water to the City from groundwater resources, imported water resources, and local surface water resources. All outdoor water demand for the Proposed Project would be recycled water. The YVWD currently extracts groundwater from three basins: the Yucaipa Basin, the Beaumont Adjudicated Basin, and the Bunker Hill Subbasin. Future groundwater demands would be supplied by an additional fourth groundwater basin, the San Timoteo Basin.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
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08/26/2024 City Council Agenda 184

The observed storage increase over the last 10 years in the Yucaipa basin indicates that the Yucaipa Groundwater Sustainability Agency (GSA) member agencies have been managing the groundwater resource sustainably. The Yucaipa GSA adopted a Groundwater Sustainability Plan (GSP) for the Yucaipa Basin in January of 2022 to manage groundwater resources for sustainable, long-term use of the Yucaipa Basin. Additionally, the adjudication of the Beaumont Basin defines overlying and appropriated pumping rights and ensures sustainable management of the basin. The Bunker Hill Basin is a subbasin of the San Bernardino Basin, which is categorized by the Department of Water Resources (DWR) as a very low priority basin and is an adjudicated basin. The San Bernardino Basin is managed by the San Bernardino Basin Groundwater Council, which was formed in 2018. The San Timoteo Basin is also a low priority basin. The San Timoteo GSA manages part of the unadjudicated portion of the San Timoteo Basin and coordinates activities to carry out the purposes of the memorandum of agreement in implementing the policy, purposes, and requirements of Sustainable Groundwater Management Act (SWMA) within the boundaries of the San Timoteo Basin.

Additionally, the Proposed Project would not involve direct withdrawals from the groundwater basin and would not be in areas that are actively used for groundwater recharge. Development projects within the FCSP would be required to infiltrate, where feasible, to recharge groundwater and meet water quality standards. To protect the groundwater basin, infiltration may not be allowable in areas with a history of contamination or within 100 feet of potable wells, nonpotable wells, drain fields, and springs.

YVWD also imposes specific conditions on new development through the parcel development process and requires that applicants for a new development project fund the purchase of seven acre-feet of imported supplemental water per equivalent dwelling unit prior to issuance of grading or building permits. Therefore, the Proposed Project would not substantially decrease groundwater supplies or interfere with groundwater recharge, and impacts would be less than significant. Therefore, the Proposed Project would not result in new or substantially more severe significant impacts in this regard compared to the Approved Project.

Pacific Oaks Commerce Center
The Pacific Oaks Commerce Center is within the FCSP and would be served by the same groundwater source as the rest of the proposed development within the plan area, would not involve direct withdrawal of groundwater, and would not be in an area that is actively used for groundwater recharge.

Therefore, the Pacific Oaks Commerce Center would not result in new or substantially more severe significant impacts in this regard compared to the Approved Project.

Finding. The Proposed Project would have a less than significant direct, indirect, and cumulative impact associated with groundwater supply and recharge. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.10-3: For Impact 5.10-3, refer to Section C, Findings on Significant Environmental Impacts that can be Reduced to a Less than Significant Level.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 49 -
08/26/2024 City Council Agenda 185

Impact 5.10-4: The Proposed Project would not substantially alter the existing drainage pattern of the site in a manner which would impede or redirect flood flows, and would not risk release of pollutants due to project inundation in flood hazard, tsunami, or seiche zones. [Threshold HYD-3 (iv) and HYD-4] Flood Hazards and Release of Pollutants due to Inundation FCSP Buildout
Most of the areas within Flood Zone A, in the plan area, are zoned as open space and agricultural areas by the Proposed Project. However, portions of planning areas PA-8, PA-11, C-5, C-6, BP-4, and BP- 5 are within Zones AE and AO regulatory floodways. Although development in the 100-year flood hazard zone is not anticipated, any such development would require submittal of a letter of map revision application to Federal Emergency Management Agency (FEMA) for review and approval.

New development would be required to meet federal floodplain regulations, including that the lowest floor of the structure is raised above the 100-year base flood elevation. Development would also comply with County and local approval agency regulations on floodplain and floodway management, which includes conformance with FEMA regulations for Special Flood Hazard Areas. Wildwood Creek and Yucaipa Creek (Zone A) are the primary floodways in the plan area and would be largely protected through buffers where no construction would occur, and where appropriate, detention basins would be integrated to manage flood flows and overflow areas while protecting development farther from the creek. Furthermore, the City has Developmental Standards that ensure floodplain regulations are taken to provide safety, promote public health, and minimize public and private economic losses in flood prone areas.

The plan area is not in the inundation zone of any dams, and no surface water bodies pose a flood hazard to the plan area due to a seiche. The plan area is also not at risk of flooding from tsunami.

Therefore, the Proposed Project would not result in new or substantially more severe significant impacts in this regard when compared to the 2008 Certified EIR.

Pacific Oaks Commerce Center
The Pacific Oaks Commerce Center project is in Zone D, with a portion outside the 500-year floodplain and a portion within an area of undetermined flood hazard. The development would be required to meet federal floodplain regulations and local approval agency regulations on floodplain and floodway management. Furthermore, the City's development standards would ensure floodplain regulations are followed to provide safety, promote public health, and minimize public and private economic losses within flood -prone areas.

The plan area is not within the inundation zone of any dams, and no surface water bodies pose a flood hazard to the plan area due to a seiche. The plan area is also not at risk of flooding from tsunami.

Therefore, impacts would be less than significant. The Pacific Oaks Commerce Center project would not result in new or substantially more severe significant impacts in this regard compared to the Approved Project.

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CEQA Findings of Fact and
Statement of Overriding Considerations - 50 -
08/26/2024 City Council Agenda 186

Finding. The Proposed Project would have a less than significant direct, indirect, and cumulative impact associated with flood hazards and release of pollutants due to inundation. Accordingly, no changes or alterations 'to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.10-5: The Proposed Project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. [Threshold HYD-5].

Conflicting with the Implementation of a Water Quality Plan FCSP Buildout
The proposed new residential and nonresidential uses would adhere to the state Construction General Permit (CGP), implement Stormwater Pollution Prevention Plans (SWPPPs), and adhere to the City's requirements, as described in detail in Impact 5.10-1 of the Draft SEIR. This would ensure that surface and groundwater quality are not adversely impacted during construction. In addition, development of the Proposed Project would comply with the San Bernardino County Technical Guidance Document (TGD) and the municipal separate storm sewer systems (MS4) requirements. As a result, the FCSP would not obstruct or conflict with the implementation of the Basin Plan.

The plan area would be connected to YVWD's public water supply, and groundwater withdrawals from the Yucaipa groundwater basin are subject to requirements in the GSP. The San Timoteo GSA manages part of the unadjudicated portion of the San Timoteo Basin and coordinates activities to carry out the policy, purposes, and requirements of SGMA in the San Timoteo Basin. Therefore, impacts would be less than significant, and the Proposed Project would not result in new or substantially more severe significant impacts in this regard when compared to the Approved Project.

Pacific Oaks Commerce Center
The Pacific Oaks Commerce Center project is within the overall plan area for the FCSP and affects the same surface and groundwater resources. Future development would comply with the same requirements as other development within the plan area. Therefore, the Pacific Oaks Commerce Center would not result in new or substantially more severe significant impacts in this regard compared to the Approved Project.

Finding. The Proposed Project would have a less than significant direct, indirect, and cumulative impact associated with conflicting with a water quality plan. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

10. Land Use and Planning
Specific Plan PPPs
The following are plans, programs, and policies (PPPs) that would reduce the Proposed Project's potential land use and planning impacts:

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 51 -
08/26/2024 City Council Agenda 187

Development Standards
The Specific Plan regulates the planning and development of properties in the plan area under Chapter 4, Development Standards. The development standards for land uses in the Specific Plan include general provisions; permitted land uses; development standards; landscape standards; sign regulations; common open space, parks, trails, and hillside preservation; and infrastructure for residential and nonresidential uses.

Design Guidelines
The Specific Plan includes design guidelines in Chapter 5, Design Guidelines, for site planning, landscaping, building design, and site design standards for proposed residential and nonresidential uses to maintain the rural character of Yucaipa.

Impact 5.11-1: Project implementation would not divide an established community. [Threshold LU-11
Dividing and Established Community
FCSP Buildout
Division of an established community commonly occurs because of construction and development of physical features that constitute a barrier to easy and frequent travel between two or more constituent parts of a community. For example, a large freeway structure with few crossings could effectively split a community. The plan area currently consists of primarily agricultural land, a limited number of residences, a wastewater treatment plant, and miscellaneous commercial uses. The closest established residential communities to the plan area are the residential communities to the north, northeast, northwest, and southeast of the plan area in the cities of Yucaipa, Redlands, and Calimesa.

Chapter 4 of the FCSP, Development Standards, requires that uses in the Business Park designation be sited per the setback standards shown in Table 4-4 of the FCSP, Nonresidential Development Standards, which are a minimum of 15 feet for the front and streetside setbacks, and a minimum of 10 feet for the side and rear setbacks. Additionally, the landscaping standards state that landscaping must be used to provide screening for unattractive and/or unsightly service areas and serve as a buffer between neighboring uses. Chapter 5 of the FCSP, Design Guidelines, states that where commercial uses are adjacent to noncommercial uses, appropriate buffering techniques should be provided to mitigate any negative effects of the commercial operations, and that noise -generating uses should be located away from adjacent residential uses.

Section 3.5 of the FCSP, Circulation Plan, states that routes and access locations would be designed to minimize traffic impacts to surrounding areas, and FCSP Figure 3-8, Conceptual Circulation Plan, shows the commercial and residential collector streets in the FCSP. Truck traffic on the western side of the plan area, south of I-10 in planning areas BP 1, BP 2, BP 3, and BP 5, would primarily access I- 10 via Live Oak Canyon Road/Oak Glen Road until the Wildwood Canyon Interchange project is constructed, when both regional access points would be available (see Appendix P, Traffic Impact Assessment, of the Draft MR, Figures 6 and 11). The access point to I-10 at Outer Highway 10 in Redlands would not be the primary truck route for project -related traffic. Truck traffic in planning area Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 52 -
08/26/2024 City Council Agenda 188

BP 6 would access I-10 via Countyline Road, which is in the City of Calimesa. Truck traffic would not utilize other local roadways because local roads do not provide direct regional access. Truck traffic would not divide an established community.

Proposed development in the plan area would be required to comply with the development standards and design guidelines of the FCSP, and residential and nonresidential uses within and surrounding the plan area would be separated by open space, roadways, and appropriate buffering techniques. Future development would be within the boundaries of the plan area, and the circulation pattern is generally similar to the Approved Project; therefore, the Proposed Project would have similar impacts as the Approved Project. Therefore, the Proposed Project would not result in new or substantially more severe significant impacts in this regard, when compared to the 2008 Certified EIR.

Pacific Oaks Commerce Center
The Pacific Oaks Commerce Center project site is surrounded by open space and separated by a future commercial collector road. Development under the Pacific Oaks Commerce Center project would be required to comply with the development standards and design guidelines of the FCSP. As with the 2008 Certified EIR, the Pacific Oaks Commerce Center project would not divide an established community in the plan area, and development consistent with the FCSP would not result in the division of an established community. Therefore, the Proposed Project would not result in new or substantially more severe significant impacts in this regard when compared to the 2008 Certified EIR.

Finding. Compliance with existing PPPs would minimize adverse impacts from land use and planning to less than significant levels. The Proposed Project would have a less than significant direct, indirect, and cumulative impact from the potential to divide an established community. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.11-2: Project Implementation would conflict with applicable plans adopted for the purpose of avoiding or mitigating an environmental effect. [Threshold LU-21 FCSP Buildout
City of Yucaipa General Plan Consistency
The 2008 Certified EIR identified that the Approved Project would be inconsistent with the City of Yucaipa General Plan Goals for agricultural resources, noise, and natural resources. No mitigation was available to reduce these inconsistencies, and impacts were identified as significant and unavoidable in the 2008 Certified EIR. Since the EIR was certified, the City has updated its General Plan (2016), which now includes the land uses in the Approved Project. As a result, the Approved Project and Proposed Project would be consistent with the land uses in the 2016 General Plan and its policies pertaining to land use and planning for residential and nonresidential uses.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 53 -
08/26/2024 City Council Agenda 189

Agricultural Resources
The 2008 Certified EIR identified that the Approved Project was inconsistent with the General Plan policies on agriculture preservation because the Approved Project would convert a total of 129.07 acres of Important Farmland to nonagricultural use. The City's General Plan (updated in 2016) no longer identifies the plan area for agricultural use. Furthermore, the Proposed Project preserves the Live Oak Pumpkin Patch and Christmas Tree Farm and allows continued agricultural use in the areas designated Open Space. Unlike with the Approved Project, the Proposed Project would be consistent with the policies in the General Plan regarding agriculture, and the Proposed Project would not result in a substantial increase in severity of impacts or new impacts related to agricultural preservation policies in the General Plan. Impacts would be less than significant.

Noise
The 2008 Certified EIR identified that the Approved Project was inconsistent with the General Plan because the Approved Project would result in a substantial increase in the ambient noise environment.

Section 5.13, Noise, of the Draft SEIR, identifies noise impacts of the Proposed Project compared to the Approved Project. Like the Approved Project, the Proposed Project would result in an increase in ambient noise levels in the plan area. However, the growth associated with the Approved Project and Proposed Project is planned for in the 2016 General Plan, and policies regarding noise would be applicable to the future land uses in the plan area. As a result, the Proposed Project would not result in a substantial increase in severity of impacts or new impacts related to noise policies in the General Plan, and impacts would be less than significant.

Natural Resources
The 2008 Certified EIR identified that there would be significant impacts to air quality and biological resources that could result in potential conflicts with the City's policies on natural resources. Since the 2008 EIR was certified, the City has updated the General Plan and has integrated the Approved Project into the General Plan's land use plan. In the 2016 General Plan, Policy CDL-7.7 calls for comprehensive planning to maintain the rural community character of Yucaipa. The FCSP's vision is to recognize and retain the rural character of Yucaipa through the preservation of existing scenic views, hilltop ridgelines, and natural habitat. Chapter 5 of the FCSP Update, Design Guidelines, includes guidelines for architecture and site design that reflect the scale and design of rural towns.

Policy CDL-10.4 encourages identifiable architectural designs, design variations, and well -planned projects that are visually interested and well -integrated with the surrounding uses, and Policy CDL-

11.3 strives to ensure appropriate transitions in scale, density, and intensity between residential and nonresidential uses. Chapter 4, Development Standards, and Chapter 5 of the FCSP provide standards and guidelines for development and design in the plan area. Though the 2008 Certified EIR found impacts to General Plan consistency to be significant and unavoidable, the Approved Project and Proposed Project are consistent with the City's updated policies on natural resources. Therefore, the Proposed Project would not result in a substantial increase in severity of impacts or new impacts related to natural resources policies in the General Plan compared to the Approved Project, and impacts would be less than significant.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 54 -
08/26/2024 City Council Agenda 190

Hillside Gradin_g
As identified in the 2016 General Plan, the Approved Project does not include protections for key ridgelines identified in Figure CDL-4 of the General Plan, Hillside Overlay District. Policy CDL-2.3 and Policy CDL-2.7 call for concentrating hillside development in areas with the least environmental impacts and promoting land use patterns that are consistent with the slopes, landform, vegetation, and scenic quality of hillsides.

For this SEIR, the Approved Project represents the CEQA baseline. As a result, the impact analysis does not compare the Proposed Project to existing conditions but to the built -out Approved Project (i.e., the developed condition). The elevation change over the entire plan area is approximately 450 feet. Approximately 19 percent of the plan area has slopes over 40 percent (steep terrain). Development on slopes that are 15 percent and above is subject to Hillside Development Review. Grading applied to the plan area achieves a 2:1 ratio (height over distance), which would increase with the slope. The objectives of the FCSP include complying with applicable development standards to preserve key ridgelines and regulating hillside and ridgeline development to maintain a rural atmosphere consistent with the City's identity. The FCSP is designed to vary the slope ratio from 2:1 to 5:1 (horizontal to vertical). Where proposed grades meet existing topography, the grades would be rounded to blend and provide a natural effect. The Grading Plan is based on the several main principles, such as preserving land designated as Open Space which includes the major significant ridgelines in the plan area, situating the finished elevation of building pads so they complement the character of adjacent natural topography, designing new roads to follow the existing topography to minimize grading, contour grading all new roads to minimize grading, and performing grading techniques consistent with the required grading permits and geotechnical reports.

The grading plan of the FCSP situates building pads so that they complement the character of the adjacent natural topography and designs new roads to follow the existing topography to minimize grading. The Approved Project designated the Pacific Oaks Commerce Center project area as residential uses, which would have been contoured around the ridgelines; the Proposed Project would construct business park uses in this area, resulting in the need to create flat pads. As a result, the Proposed Project requires more landform modification than the Approved Project. The FCSP Update would conform to standards that would preserve key ridgelines and viewsheds.

As with the Approved Project, the Proposed Project would result in substantial changes in the visual character of the plan area. Because the Proposed Project would preserve key ridgelines, the Proposed Project would not conflict with goals or policies on hillside preservation. Therefore, the Proposed Project would not result in new or substantially more severe significant impacts in this regard, when compared to the 2008 Certified EIR. Therefore, impacts of the Proposed Project are less than significant.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 55 -
08/26/2024 City Council Agenda 191

SCAG Connect SoCal Consistency
As identified above, the 2008 Certified EIR identified that the Approved Project would be inconsistent with Southern California Association of Government (SCAG)'s Regional Transportation Plan/Sustainable Communities Strategy (RtP/SCS) as a result of loss of agricultural resources. No mitigation was available to reduce this inconsistency, and impacts were identified as significant and unavoidable. Since the 2008 EIR was certified, SCAG has adopted a new RTP/SCS. In addition, agricultural uses in the plan area have changed (see Section 5.2, Agricultural and Forestry Resources, of the Draft SEIR).

As described in Table 5.11-1, 2020-2045 RTP/SCS Consistency Analysis, of the Draft SEIR, the Proposed Project is generally consistent with the overarching goals of the RTP/SCS. Unlike the Approved Project, the Proposed Project preserves the Live Oak Pumpkin Patch and Christmas Tree Farm and allows continued agricultural use in the areas designated Open Space. Therefore, implementation of the Proposed Project would not result in significant land use impacts related to relevant RTP/SCS goals. Though the 2008 Certified EIR found that impacts of the Approved Project to RTP/SCS consistency were significant and unavoidable, the Proposed Project would not result in new or substantially more severe significant impacts in this regard. Therefore, impacts of the Proposed Project are less than significant.

Pacific Oaks Commerce Center
The Pacific Oaks Commerce Center project would result in the same impacts to land use and planning as identified for the Specific Plan. Specifically, the Pacific Oaks Commerce Center would result in preservation of key ridgelines. Therefore, impacts would be less than significant.

Finding. Compliance with existing PPPs would minimize adverse impacts from land use and planning to less than significant levels. The Proposed Project would have a less than significant direct, indirect, and cumulative impact associated with consistency with plans adopted to avoid or mitigate environmental effects. Accordingly, no changes or alteration's to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

11. Mineral Resources
Specific Plan PPPs
There are no policies pertaining to mineral resources in the Freeway Corridor Specific Plan.

Impact 5.12-1: As with the Approved Project, implementation of the Proposed Project would not result in the loss of availability of a known mineral resource. [Thresholds M-1 and M-21
Mineral Resources
FCSP Buildout
The City of Yucaipa, including the Specific Plan area, is in Mineral Resource Zone 3 (MRZ-3), which is where the significance of mineral deposits cannot be determined from the available data. No areas Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 56 -
08/26/2024 City Council Agenda 192

in the City, including the Specific Plan site, are in Mineral Resource Zone 2 (MRZ-2), which is where information indicates that significant mineral deposits are present or likely and development should be controlled. As with the 2008 Certified EIR, impacts would be less than significant. Therefore, the Proposed Project would not result in new or substantially more severe significant when compared to the 2008 Certified EIR.

Pacific Oaks Commerce Center
The City of Yucaipa, including the project area, is in MRZ-3, where the significance of mineral deposits cannot be determined from the available data. No areas in the city, including the project area, are in MRZ-2, where information indicates that significant mineral deposits are present or likely and development should be controlled. Therefore, impacts to mineral resources would be less than significant.

Finding. The Proposed Project would have a less than significant direct, indirect, and cumulative impact associated with impacting mineral resources. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

12. Noise
Specific Plan PPPs
The following are plans, programs, and policies (PPPs) that would reduce the Proposed Project's potential noise and vibration impacts:

Design Guidelines
Chapter 5, Design Guidelines, of the Specific Plan includes the following requirement for noise:
■ Where commercial uses are adjacent to noncommercial uses, appropriate buffering techniques, such as increased minimum setbacks, screening, and landscaping, should be provided to mitigate any negative effects of the commercial operations. Any noise -generating uses should be located away from adjacent residential uses.

Plazas and open spaces should be sheltered, as much as possible, from noise -generating nuisances, trash enclosures, parking areas, and other incompatible uses.

Conditions of Approval
The following conditions of approval (COA) related to noise have been identified by the City for subdivisions and/or conditional use permits:

Subdivision 100, CUP 67. An acoustical study shall be performed to assess noise levels at the development and shall be reviewed and approved by the Planning Division. Detailed noise analysis and precise mitigation measures shall be submitted to the Planning Division for review and approval. In the event redesign is required, a revised map shall be submitted.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 57 -
08/26/2024 City Council Agenda 193

Subdivision 135, CUP 68. A report stating that mitigation measures recommended in the acoustical study have been implemented shall be submitted to the Planning Division and the building plans shall be so certified by the acoustical engineer.

Subdivision 41. An approved type wall/barrier shall be required along the rear of double frontage lots and shall be constructed outside the public right-of-way. ■ CUP 13. Noise levels shall not exceed City Standards as required by Development Code Section

87.0905(b).

Impact 5.13-1: Construction activities associated with the Proposed Project would result in temporary noise increases in the vicinity of the plan area. [Threshold N-11 Construction Noise
FCSP Buildout
Construction activities associated with the Proposed Project would temporarily increase the ambient noise environment. The municipal code exempts temporary construction, repair, and demolition activities from the noise level limits, providing the activity occurs between 7:00 am and 7:00 pm on Monday through Saturday. Construction activities associated with the Proposed Project would be similar to those of the Approved Project. Therefore, as with the Approved Project, the Proposed Project would also result in less than significant impacts. The Proposed Project would not result in new or substantially more severe significant impacts in this regard compared to the Approved Project.

Pacific Oaks Commerce Center
This section analyzes potential impacts resulting from the short-term construction activities associated with the development of the Pacific Oaks Commerce Center.

Daytime Construction
Table 5.13-8, Pacific Oaks Commerce Center Construction Noise Levels Paczfzc Oaks Commerce Center, of the Draft SEIR, presents the combined noise levels for the loudest construction equipment, assuming they operate at the same time, and shows that construction noise levels are expected to range from 48.8 to

55.5 dBA Ley at the nearby receiver locations. The construction noise analysis shows that the nearest receiver locations will satisfy the reasonable daytime 80 dBA Ley significance threshold during Pacific Oaks Commerce Center construction activities. Therefore, the noise impacts due to the Pacific Oaks Commerce Center construction noise are considered less than significant at all off -site receiver locations. Therefore, the Pacific Oaks Commerce Center project would not result in new or substantially more severe significant impacts in this regard when compared to the Approved Project.

Nighttime Construction
The Pacific Oaks Commerce Center project has the potential to require nighttime concrete -pouring activities, which support reduced concrete mixer truck transit times and lower air temperatures than during the daytime hours and are generally limited to the actual building pad area. Since the nighttime concrete pours will take place outside the hours permitted by Chapter 87.0905[e] [1] [c] of the City of Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 58 -
08/26/2024 City Council Agenda 194

Yucaipa Municipal Code, the project applicant will be required to obtain authorization for nighttime work from the City. Nighttime construction noise activities are evaluated against the Federal Transit Administration (FTA) nighttime exterior construction noise level threshold of 70 dBA Ley for noise - sensitive residential land use.

As shown in Table 5.13-9, Pacific Oaks Commerce Center Ni Concrete Pour Noise Level Compliance, of the Draft SEIR, the noise levels associated with the nighttime concrete pour activities are estimated to range from 24.3 to 31.7 dBA Ley at the nearest off -site noise -sensitive receiver locations. The analysis shows that the unmitigated nighttime concrete pour activities will satisfy the FTA 70 dBA Ley nighttime residential noise level threshold at the nearest off -site noise -sensitive receiver locations. Therefore, the noise impacts due to Pacific Oaks Commerce Center construction nighttime concrete -pour activity are considered less than significant at all receiver locations and will require prior authorization for nighttime work from the City of Yucaipa. Therefore, the Pacific Oaks Commerce Center project would not result in new or substantially more severe significant impacts in this regard when compared to the Approved Project.

Finding. Compliance with existing PPPs would minimize adverse impacts from noise to less than significant levels. The Proposed Project would have a less than significant direct, indirect, and cumulative impact from construction noise. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.13-2: Implementation of the Proposed Project would result in substantial long-term operation -related noise that could exceed the City's noise standards. [Threshold N-1]
Operational Noise
FCSP Buildout
For Impact 5.13-2, refer to Section D, Significant and Unavoidable Impacts that Cannot be Mitigated to Below the Level of Significance.

Pacific Oaks Commerce Center
The Pacific Oaks Commerce Center project would result in on -site noise sources such as cold storage loading dock activity, tractor trailer parking activity, roof -top air conditioning units, trash enclosure activity, parking lot vehicle movements, and truck movements. Consistent with similar warehouse uses, business operations would primarily be conducted within the enclosed building, except for traffic movement, parking, and loading and unloading of trucks at designated loading bays.

Daytime Operational Noise Levels
Operational phase noise associated with the Pacific Oaks Commerce Center project site were calculated at each of the sensitive receptor locations. Table 5.13-10, Daytime Pacific Oaks Commerce Center Operational Noise Levels, of the Draft SEIR shows the project's operational noise levels during the daytime hours Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 59 -
08/26/2024 City Council Agenda 195

of 7:00 am to 10:00 pm. The daytime hourly noise levels at the off -site receiver locations are expected to range from 34.6 to 43.5 dBA Leq.

Nighttime Operational Noise Levels
Table 5.13-11, Nighttime Pm#zzc Oaks Commerce Center Operational Noise Levels, of the Draft SEIR, shows the unmitigated Pacific Oaks Commerce Center Project operational noise levels during the nighttime hours of 10:00 pm to 7:00 am. The nighttime hourly noise levels at the off -site receiver locations are expected to range from 35.9 to 43.4 dBA Leq. The differences between the daytime and nighttime noise levels are largely related to the estimated duration of noise activity, as outlined in Tables 5.13-10 and 5,13-11, of the Draft SEIR.

Day -Night Operational Noise Levels
Noise levels that would be experienced at receptor locations when the Pacific Oaks Commerce Center project -source noise is added to the daytime and nighttime ambient conditions are presented on Table

5.13-12, Daytime and Nighttime Project Operational Noise Level Increases, dBA L,,, of the Draft SEIR. As indicated in this table, the Pacific Oaks Commerce Center would generate a daytime operational noise level increase ranging from 0.0 to 0.3 dBA Leq at the nearest off -site receptor locations. Additionally, the Pacific Oaks Commerce Center would generate a nighttime operational noise level increase ranging from 0.0 to 0.7 dBA Leq at the nearest off -site receptor locations. Project -related operational noise level increases would not exceed the operational noise level increase significance criteria; therefore, the increases at the off -site sensitive receiver locations would be less than significant.

Finding. Compliance with existing PPPs would minimize adverse impacts from noise to less than significant levels. The Proposed Project would have a less than significant direct, indirect, and cumulative impact from operational noise. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.13-3: For Impact 5.10-3, refer to Section D, Significant and Unavoidable Impacts that Cannor be Mitigated to Below the Level of Significance.

Impact 5.13-4: The Proposed Project would not create substantial short-term or long-term groundborne vibration and groundborne noise that would impact sensitive receptors proximate to the plan area. [Threshold N-2]
Groundborne Vibration and Noise
FCSP Buildout
The primary vibratory source during the construction of future development projects associated with the Proposed Project would be large bulldozers. However, the impact would be considered less than significant because of the short duration of the activity and because the vibration levels would be well below the threshold of building damage. Like the Approved Project, the Proposed Project would Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 60 -
08/26/2024 City Council Agenda 196

have less than significant impacts. The Proposed Project would not result in new or substantially more severe significant impacts in this regard when compared to the Approved Project.

Pacific Oaks Commerce Center
Table 5.13-19, Vibration Damage Levels for Typical Constriction Equipment, of the Draft SEIR, presents the expected Pacific Oaks Commerce Center project -related vibration levels at the nearby receiver locations, and ground vibration levels associated with various types of construction equipment are summarized. At distances ranging from 1,048 to 2,693 feet from Pacific Oaks Commerce Center project site construction activities, construction vibration velocity levels are estimated to range from 0 to 0.003 in/sec PPV. Based on maximum acceptable continuous vibration threshold of 0.2 PPV (in/sec), the typical construction vibration levels would fall below the building damage thresholds at all the sensitive receiver locations. Therefore, the Pacific Oaks Commerce Center vibration impacts are considered less than significant during typical construction activities at the project site. Therefore, the Pacific Oaks Commerce Center would not result in new or substantially more severe significant impacts in this regard when compared to the Approved Project.

Finding. Compliance with existing PPPs would minimize adverse impacts from noise to less than significant levels. The Proposed Project would have a less than significant direct, indirect, and cumulative impact from groundborne vibration and noise. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.13-5: The plan area is not in the vicinity of an airport or private airstrip; and therefore, the Proposed Project would not result in exposure of future resident and/or workers to airport -related noise. [Threshold N-3] Aircraft Noise
FCSP Buildout
The Redlands Municipal Airport is approximately three miles from the plan area, and the plan area is not within the Redlands Airport Influence Area. There are no private airstrips within the vicinity of the Specific Plan. Therefore, no impacts would occur. The Proposed Project would not result in new or substantially more severe significant impacts in this regard when compared to the Approved Project.

Pacific Oaks Commerce Center
The Pacific Oaks Commerce Center project would result in the same impacts for airport noise as identified for the Specific Plan. No impact would occur. Therefore, the Pacific Oaks Commerce Center project would not result in new or substantially more severe significant impacts in this regard when compared to the Approved Project.

Finding. Compliance with existing PPPs would minimize adverse impacts from noise to less than significant levels. The Proposed Project would have a less than significant direct, indirect, and cumulative impact from aircraft noise. Accordingly, no changes or alterations to the Proposed Project Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 61 -
08/26/2024 City Council Agenda 197

were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

13. Population and Housing
Specific Plan PPPs
There are no policies pertaining to population and housing in the Freeway Corridor Specific Plan.

Impact 5.14-1: The Proposed Project would not result in substantial unplanned growth in comparison to the Approved Project. [Threshold P-11
Population Growth
FCSP Buildout
Housing and Population
The Approved Project was projected to result in 2,447 dwelling units, and the Proposed Project would allow up to 2,472 dwelling units, which is an increase of 25 units. Buildout of the Approved Project was projected to result in a population of 6,754 residents, and the Proposed Project would result in 6,823 residents, which is an increase of 69 residents. Though the Proposed Project would result in an increase in population and housing, the increase is nominal, and if the difference (69 residents and 25 units) is added to the existing population and housing estimates, shown in Table 5.14-1, Population Trends in the City of Yuca pa, and Table 5.14-2, Housing Composition in the City of Yuca pa, of the Draft SEIR, population estimates would be below the SCAG 2020 projections and would exceed the 2020 SCAG housing estimates by less than 1 percent. However, because California has a shortage of housing, Governor Newsom signed several bills to address the need for more housing, including the Housing Crisis Act of 2019 (SB 330). Therefore, the slight increase in housing, compared to the SCAG estimates, would not be a significant impact. Furthermore, the Proposed Project implements the objectives of the 2021-2029 Housing Element. Impacts would be less than significant.

Emoloyment
The Approved Project was projected to create 2,999 jobs and the Proposed Project would create 1,709 jobs (not including employment from the Pacific Oaks Commerce Center project). With the inclusion of the Pacific Oaks Commerce Center project, the total proposed employment of the FCSP would be 2,682 jobs, resulting in a decrease of 317 jobs compared to the 2008 Certified EIR. Though the Proposed Project would result in a decrease in jobs compared to the Approved Project, the jobs offered by the warehousing uses under the Proposed Project would be higher paying than the previously planned retail jobs, resulting in a benefit from an economic perspectivez. Further, because of market shifts in the retail market, the proposed update was developed to best meet future market trends.

Therefore, impacts would be less than significant.
2 Warehousing and storage jobs had an average hourly pay of $23.95 in August 2023, whereas General Merchandise Stores had an average hourly pay of $21.25.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 62 -
08/26/2024 City Council Agenda 198

Jobs-Housin_g Balance
A project's effect on the jobs -housing balance is an indicator of how it will affect growth and quality of life in the project area. If the Approved Project's housing and employment assumptions are added to the 2020 growth projections shown in Table 5.14-6, SCAG Growth Projections for the City of Yucaipa, of the Draft SEIR, the Approved Project would have resulted in a jobs -housing ratio of 0.59 jobs per dwelling unit.3 Because the jobs -housing ratio for the city is housing -rich (0.52 jobs per dwelling unit; see Table 5.14-6), the increase in the jobs -housing ratio (0.58 jobs per dwelling unit4) from the additional jobs and housing proposed under the Proposed Project would be a slightly favorable result from a planning perspective because the Proposed Project would provide more jobs in a city that has more housing than employment opportunities. Though the Proposed Project would result in a reduction of 317 jobs compared to the Approved Project, the jobs -housing ratio under both the Approved Project and Proposed Project are similar and would result in a more balanced jobs -housing ratio compared to existing conditions.

Therefore, the Proposed Project would not result in new or substantially more severe significant impacts in this regard than were analyzed in the 2008 Certified EIR.

Pacific Oaks Commerce Center
The Pacific Oaks Commerce Center project area was proposed to be all residential, and therefore, no jobs were forecast for this portion of the plan area in the 2008 Certified EIR. The Pacific Oaks Commerce Center project is estimated to generate 973 jobs. Warehousing jobs would be higher paying than retail, which is a benefit from an economic perspective. As a result, impact of the Pacific Oaks Commerce Center would be similar to that identified for the FCSP Update, and impacts would be less than significant. Therefore, the Proposed Project would not result in new or substantially more severe significant impacts in this regard than were analyzed in the 2008 Certified EIR.

Finding. The Proposed Project would have a less than significant direct, indirect, and cumulative impact from population and employment growth associated with the Proposed Project. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. 3 Approved Project = 2,999 jobs, 2,447 dwelling units
City (2020) = 10,600 jobs, 20,235 dwelling units
(10,600 + 2,999 jobs) / (20,235 + 2,447 dwelling units) = 0.59 4 Proposed Project = 2,682 jobs, 2,472 dwelling units
City (2020) = 10,600 jobs, 20,235 dwelling units
(10,600 + 2,682 jobs) / (20,235 + 2,472 dwelling units) = 0.58 Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 63 -
08/26/2024 City Council Agenda 199

Impact 5.14-2: Project implementation would not result in displacing people and/or housing. (Threshold P-21
Displacing People or Housing
FCSP Buildout
As with the Approved Project, the Proposed Project would develop a variety of uses on vacant and previously disturbed land. Implementation of the Proposed Project would not result in the need to redevelop existing homes and would not necessitate the construction of replacement housing. The Proposed Project would result in an increase of 25 dwelling units compared to the Approved Project.

Therefore, the Proposed Project would not result in new or substantially more severe significant impacts related to potential displacement of housing and/or people in comparison to the Approved Project.

Pacific Oaks Commerce Center
Impacts of the Pacific Oaks Commerce Center project would be the same as that identified for Proposed Project. Additionally, there are no residential housing units that would be displaced during construction of the project site. Therefore, the Pacific Oaks Commerce Center project would not result in new or substantially more severe significant impacts related to potential displacement of housing and/or people in comparison to the Approved Project.

Finding. The Proposed Project would have no significant direct, indirect, and cumulative impact from displacing people or housing. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

14. Public Services
The following are plans, programs, and policies (PPPs) that would reduce the Proposed Project's potential public services impacts:

Development within the FCSP is required to adhere to the requirements identified in the Fire Protection Plan (see Appendix S of the Draft SEIR).

Specific Plan PPPs
Design Guidelines
Chapter 5, Design Guidelines, of the FCSP provides direction concerning the site planning, landscaping, building design, and site features for residential and nonresidential uses. An example relevant to police services is:

Pocket parks and tot lots shall be sited centrally within the project in compliance with Crime Prevention Through Environmental Design (CPTED) principles.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 64 -
08/26/2024 City Council Agenda 200

Conditions of Approval
Specific Plan
■ Prior to approval of recording any final map or issuance of a Building Permit, a Community Facilities District (CID) or Fire Service Agreement (FSA) shall be approved and implemented to support the needs of the Yucaipa Fire Department to serve the FCSP. In particular, the CFD or FSA shall address the equipment requirements related to an identified need for an aerial ladder and/or Type 6 Medic Patrol or Medic Squad to adequately ensure availability of needed resources.

The CFD or FSA shall be approved in cooperation with the Yucaipa Fire Department, City of Yucaipa Planning Department, and property owners (or residents if a CFD is approved requiring voter approval [greater than 12 property owners]). The parties may agree to an alternate funding mechanism from the options described in the Specific Plan as desired. ■ Projects with square footages over 400,000 square feet, or those that are three or more stories tall, or higher than 45 tall will participate in a fair -share funding agreement for an aerial ladder truck.

The funding amounts are to be determined by the City and respective Applicant.

Pacific Oaks Commerce Center
This project is protected by the Yucaipa Fire Department / CalFire. Prior to any construction occurring on any parcel, the applicant shall contact the Fire Marshall for verification of current fire protection development requirements. All new construction shall comply with the adopted Uniform Fire Code and all applicable statutes, codes, ordinances, standards and policies of the Yucaipa Fire Department/CalFire.
■ This project is in Fire Safety Review Area 2. This is a high fire hazard brush area. This project shall comply with the construction and development standards for a FR-2 Area. Contact the City Building & Safety Division for FR-2 Area construction and development standards. ■ Fire Department access roads and/or public/private streets shall meet the Fire Department minimum width standard of 24 feet. Within FR-1 zone minimum width shall be 26 feet. Access roads shall be paved (asphalt/concrete) and in place prior to placement of combustible material on site. Fire Department minimum paving thickness shall be no less than 4 inches. This standard shall not lessen other agency requirements.
■ Fire Department access roads and/or public/private streets and residential driveways shall have a minimum vertical clearance of 13 feet and 6 inches.
■ Fire Department access roadways and/or public/private streets and driveways shall not exceed 12 percent grade (please note: Engineering Division requirements may be more restrictive). ■ Cul-de-sacs shall not exceed 600 feet in total length, unless otherwise approved by the Fire Department.
■ Required fire flow for this project, as determined by I.S.O. Formula, is as follows: GPM = 8,000, at 20 psi residual; for 4 hour duration A reduction in the required fire flow rate may be allowed per Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 65 -
08/26/2024 City Council Agenda 201

the exceptions specified in the California Fire Code. System shall be looped with minimum 8 inch mains; 6 inch laterals; 6 inch risers; 6 inch diameter hydrants with one 2 1/z" outlet and one 4" outlet.

Approved fire hydrants capable of supplying required fire flow shall be provided to all premises upon which facilities, buildings or portions of buildings are constructed or moved within the jurisdiction. When any portion of the facility or building protected is in excess of 400 feet from a fire hydrant on a public street, as measured by an approved route around the exterior of the facility or building, additional fire hydrants meeting the required fire flow shall be provided. ■ Fire hydrants shall be installed at locations to be determined by the California Fire Code (2022) Appendix "C". Required fire flow to be determined by the California Fire Code (2022) Appendix `B". Minimum fire flow shall not be less than 8,000 gpm (exceptions not applied). ■ A greenbelt or fuel modification zone plan shall be required and bonded for this project. Fuel modification plan requirements shall be site specific to this project. The applicant shall submit a fuel modification plan to the Fire Department for review and comments or approval. Maintenance provisions of the fuel modification zone shall be approved by the Fire Department. Maintenance of the fuel modification zone, located in designated open space, and enforcement of the fuel modification zone, within the property of individual property owners, shall be the responsibility of a homeowners' association or other approved maintenance authority that is acceptable to the Fire Department.
■ Three sets of water delivery system plans, designed to meet the required fire flow for this project and/or development shall be submitted to the Fire Department for approval. ■ Applicant -developer shall provide the Fire Department with a letter from the water company serving the project -development, verifying that financial arrangements have been made and bonds posted for the required Fire Department approved water improvements. ■ Prior to any construction, the entire fuel modification zone required and approved by the Fire Department shall be completed. Any phased implementation of the fuel modification zone shall be done only with prior approval of the Fire Department. ■ A fuel break of 100 feet (brush and weed clearance) is required prior to construction. The clearance shall be maintained on a year-round basis.
■ An additional fuel modification zone of 100 feet shall be provided on all side(s) of the proposed structure(s). Fuels in this zone are to be thinned and/or removed or otherwise modified to provide a reasonable level of fire defense protection to the proposed structure(s). ■ Fire hydrants shall be installed and operational as per approved water system delivery plans prior to any framing, construction, or delivery of combustible materials to project site. ■ An alternative type of construction providing a higher level of fire resistance is required. Contact the Fire Department or City Building Official for more information.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 66 -
08/26/2024 City Council Agenda 202

■ Fire Department access roadways and/or public/private streets exceeding 150 feet in length shall have a Fire Department approved turn -around at the terminus (cul-de-sac). Minimum radius shall be not less than 48 feet.
■ Fire Department access roadways and/or public/private streets and driveways shall extend to within one hundred fifty (150) feet of and shall give reasonable access to all portions of the exterior walls of the first story of any building. An access road, approved by the Fire Department, shall be provided to within fifty (50) feet of all structures when the natural grade between access road and structure is in excess of 30 percent. Where an approved access road cannot be provided, a fire protection system shall be required and approved by the Fire Department. ■ The development and/or project, and each phase thereof, shall have a minimum of two (2) remote points of access, including a secondary access, for fire and other emergency equipment and for routes of escape which will safely handle evacuations.
■ Manual operated gates across Fire Department access roadways, public and/or private streets and driveways, shall be equipped with approved emergency key -operated ("Knox" type) locks. For automatic gates, a "Knox" keyed emergency access switch shall be installed at location determined by Fire Department, and shall over -ride all command functions and open gate automatically upon activation. All automatic gates shall have a manual over -ride for use during loss of electric power. "Knox box" request forms are available from the Fire Department. ■ "No Parking - Fire Lane" signs shall be posted at locations designated by Fire Marshall. Fire lane curbs shall be painted red with white letters stating "No Parking — Fire Lane". ■ On site fire hydrants capable of supplying required fire flow shall be installed at locations identified by the Fire Marshall. System shall be looped with minimum 8 inch mains; 6 inch laterals; 6 inch risers; 6 inch diameter hydrants with one 21/2" outlet and one 4" outlet. ■ Approved fire hydrant pavement markers shall be installed. ■ Automatic fire sprinklers shall be installed according to NFPA 13 and Fire Department requirements. Submit 3 sets of shop plans with material cut sheets and hydraulic calculations, indicating the type of occupancy, type of materials to be stored (if any), for Fire Department review and approval prior to any installation. Submit copy of California C-16 license. ■ Automatic fire sprinkler control devices (P.IX & O.S.&Y.) shall be visible from Fire Department access roadway, and identify system being controlled and address of structure. Fire Department Connection (FDC) shall be located no closer than 50 feet and not to exceed 150 feet from structure. Required fire hydrant shall .have a maximum distance from FDC of 30 feet. FDC shall identify address and system of structure being protected. ■ A minimum of one 2A-10BC fire extinguisher shall be installed for each 3,000 sq. ft. of floor area.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 67 -
08/26/2024 City Council Agenda 203

■ An automatic fire detection and alarm system meeting the requirements of UFC Article 10, CBC and NFPA 72 shall be installed. Three sets of shop plans with material cut sheets and calculations shall be submitted to the Fire Department for review and approval prior to installation. ■ Dependent on occupancy type and load, an automatic smoke removal system shall be installed.

The system shall comply with the UFC and CBC requirements. Three sets of shop plans with material cut sheets and calculations shall be submitted to the Fire Department for review and approval prior to installation.
■ Dependent on occupancy type and load, an automatic smoke ventilation system shall be installed.

A. Required exit doors shall be maintained in an operable condition at all times.

B. Required exit doors shall swing outward and away in the direction of exit travel.

C. Obstructions shall not be placed in the required width of an exit. Exits shall not be blocked or locked shut or obstructed in any manner during business hours.

D. Exit paths shall be illuminated when structure is occupied.

E. Exit path illumination shall be supplied from 2 sources of power when occupant load is one 100 persons or more.

F. When exit way/exit pathway and/or exit doorway is not easily identified, additional exit signs shall be installed.

G. Exit signs shall be internally or externally illuminated by two lamps or shall be of the self- . luminous type.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 68 -
08/26/2024 City Council Agenda 204

To ensure that the construction of the proposed structures does not impact the Yucaipa Fire Department's Insurance Services Office (ISO) rating, applicant shall pay to the City approximately half of the cost of a ladder truck fire apparatus (with associated equipment) in the amount of $490,000 to be used by the City to assist with the purchase of the ladder truck.

Impact 5.15-1: The proposed project would introduce new structures, residents, and workers into the Yucaipa Fire Department's service boundaries, which could increase the requirement for fire protection facilities and personnel. [Threshold FS-11 Fire
FCSP Buildout
Compared to the 2008 Certified EIR, the Proposed Project would result in an increase of 69 residents but a decrease of 317 employees. Yucaipa Fire Station #3 would provide initial response to the plan area. Station #3 would achieve a 6-minute, 36-second travel time to the farthest part of the plan area, the northeast, and would have a response time of 8 minutes and 36 seconds. Although this response time is beyond the 5-minute standard, given the plan area's fire safety features, such as ensuring that adequate water supply and approved paved roads are available before combustibles are brought on - site, providing adequate turnaround space for fire apparatus, installing gates to meet Fire Code requirements, creating fuel modification zones, etc., and the flexibility allowed by the response time 90 percent achievement rate, the response time is considered to substantially conform with the Fire Department's internal standards, subject to Fire Department review.

The Proposed Project would increase the volume of calls by up to 1,417 calls per year (which is a conservative assumption) compared to existing conditions. However, because the plan area is predominantly vacant, an increase in call volumes would occur under both the Approved Project and Proposed Project. Based on the existing call volumes for the Fire Department and the equipment coverage needs to address medical aid calls, the Department has identified that additional staffing will be necessary as part of the overall Citywide growth. This includes a future medic squad to specifically alleviate the medical aid calls, as well as a ladder aerial truck to address larger sized structures.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 69 -
08/26/2024 City Council Agenda 205

Since the certification of the 2008 EIR, a new fire station (Yucaipa Fire Station #3) has been constructed at Wildwood Canyon Road that would provide fire services to the plan area. Under the Approved Project, impacts were considered less than significant upon construction of this fire station.

Additionally, when compared to the Approved Project, there would be no major change in impacts for fire services. Therefore, the Proposed Project would not result in physical impacts to the environment due to construction or expansion of fire facilities. However, funding remains a critical issue to address the Citywide equipment and staffing levels. Future development will therefore need a Community Facilities District (CFD) or Fire Service Agreement (FSA) that is approved and implemented to support the needs of the Yucaipa Fire Department to serve the FCSP. In particular, the CID or FSA shall address the equipment requirements related to an identified need for an aerial ladder truck.

When properly implemented and ongoing, the fire protections strategies proposed in the Fire Protection Plan would significantly reduce the potential fire threat to vegetation and structures in the plan area, and therefore would assist Yucaipa Fire Department to respond to emergencies in the plan area. The Proposed Project would result in a decrease in employees and a nominal increase in residents compared to the Approved Project. Additionally, with the implementation of the plans, programs, and policies, impacts would be less than significant. Therefore, the Proposed Project would not result in new or substantially more severe significant impacts in this regard, when compared to the 2008 Certified EIR.

Pacific Oaks Commerce Center
The Pacific Oaks Commerce Center is within .the FCSP, and development of the Pacific Oaks Commerce Center project would also result in an increase in service calls compared to existing conditions. Impacts associated with the Pacific Oaks Commerce Center would be the same as those identified for the Proposed Project, which would establish the BP designation for the project site. The Pacific Oaks Commerce Center project would result in fewer employees than the 2008 Certified EIR, and therefore, compared to the 2008 Certified EIR, service calls for the project site would also be less.

Therefore, the Pacific Oak Commerce Center project would not result in new or substantially more severe significant impacts in this regard, when compared to the Approved Project.

Finding. Compliance with existing PPPs would minimize adverse impacts from public services to less than significant levels. The Proposed Project would have a less than significant direct, indirect, and cumulative impact to fire facilities and services. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.15-2: The Proposed Project would introduce new structures, residents, and workers into the Yucaipa Station's service boundaries, which could increase the requirement for police protection facilities and personnel. (Threshold PS-11 Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 70 -
08/26/2024 City Council Agenda 206

Police
FCSP Buildout
The Yucaipa Station is approximately 1.7 miles northeast of the FCSP area's northern boundary.

Implementation of the Proposed Project would result in an increase in the following types of service calls/demands, compared to existing conditions: residential burglary, commercial burglary, vehicle burglary, vandalism, vehicle theft, trespassing, and domestic violence, as most of the site is currently vacant.

Compared to the 2008 Certified EIR, the Proposed Project would result in an increase of 69 residents but a decrease of 317 employees. Although the Yucaipa Station indicated that the increase in residents under the Proposed Project, compared to existing conditions, would require an additional five deputies to maintain the current staffing ratio, the Proposed Project would not require the construction of a new and/or expanded police station. The Yucaipa Station indicated that based on the location of the FCSP area, the emergency response times would be increased due to extended drive times for the deputies. However, this condition would exist for both the Approved Project and the Proposed Project, and would likely be further addressed by deputies patrolling throughout the community, including within the newly constructed roadways for the Proposed Project. Additionally, compared to the Approved Project, the Proposed Project would not result in an increase in demand for deputies.

As with the Approved Project, impacts would be less than significant. Therefore, the Proposed Project would not result in new or substantially more severe significant impacts in this regard, when compared to the Approved Project.

Pacific Oaks Commerce Center
The Pacific Oaks Commerce Center is in the FCSP, and development of the Pacific Oaks Commerce Center project would also result in an increase in service calls, compared to existing conditions. Impacts associated with the Pacific Oaks Commerce Center would be the same as that identified for the Proposed Project. However, the Pacific Oaks Commerce Center project would result in fewer employees than the Approved Project, and therefore, compared to the 2008 Certified EIR, service calls for the project site would also be less. Therefore, the Pacific Oaks Commerce Center project would not result in new or substantially more severe significant impacts in this regard, when compared to the Approved Project.

Finding. Compliance with existing PPPs would minimize adverse impacts from public services to less than significant levels. The Proposed Project would have a less than significant direct, indirect, and cumulative impact to police and emergency facilities and services. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 71 -
08/26/2024 City Council Agenda 207

Impact 5.15-3: The proposed project would not generate new students who would impact the school enrollment capacities of area schools. [Threshold SS-1] Schools
FCSP Buildout
The Proposed Project would result in 2,472 dwelling units. Compared to the Approved Project, this is an increase of 25 dwelling units. However, unlike the Approved Project, the Proposed Project does not include optional school sites. Therefore, additional demand for school facilities may not be accommodated within the plan area. The student generation rate for YCJUSD is 0.7 student per dwelling unit. Therefore, the Proposed Project would generate approximately 1,730 students,5 which is an increase of 18 students6 compared to the Approved Project. Table 5.15-3, Estimated Pmposed Project Student Generation, of the Draft SEIR, shows the estimated available capacity for each school. As identified by the YCJUSD, existing school facilities may not be adequate to serve additional students generated by the Proposed Project.

While the Proposed Project would increase demand for new school facilities in the YCJUSD, the demand would be accommodated through the payment of development fees pursuant to SB 50.

Pursuant to California Government Code Section 65995(h), payment of the impact fees fully mitigates impacts to school facilities. If additional schools are needed, construction of additional and/or expanded facilities would be subject to CEQA review, and could be developed within the plan area if deemed necessary. Implementation of the Proposed Project would not result in new or substantially more severe significant impacts in regard to school facilities in comparison to the Approved Project.

Therefore, impacts of the Proposed Project would be less than significant.

Pacific Oaks Commerce Center
The demand for school services is typically generated by residential uses. Under the Proposed Project, the Pacific Oaks Commerce Center project would not construct residential uses but business park uses instead. Nonetheless, the Pacific Oaks Commerce Center project would pay impact fees, pursuant to California Government Code Section 65995(h), which would fully mitigate impacts to schools.

Therefore, the Proposed Project would not result in new or substantially more severe significant impacts in this regard, when compared to the Approved Project.

Finding. The Proposed Project would have a less than significant direct, indirect, and cumulative impact to school facilities and services. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.
2,472 dwelling units x 0.7 student per unit = 1,730 students / 5 schools = 346 students per school.

G 25 dwelling units x 0.7 students per unit = 18 students / 5 schools = approximately 4 additional students per school compared to the Approved Project
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 72 -
08/26/2024 City Council Agenda 208

Impact 5.15-4: The proposed project would not result in adverse physical impacts to libraries and would not require the construction of new library facilities. [Threshold LS-1]
Libraries
FCSP Buildout
The Proposed Project would result in an increase of 69 people compared to the Approved Project.

The only library in the City of Yucaipa is the Yucaipa Branch Library, which is approximately 1.7 miles northeast of the project site. The Yucaipa Branch Library building is considered small for the population size; the estimated deficit of building area is between 5,000 square feet to 7,000 square feet.

While the Proposed Project would result in an increase in library services, the San Bernardino County Library System (SBCLS) provides free access to information, and electronic access to SBCLS's collection of materials is available through the internet. Additionally, an increase of $2.8 million has been approved for a shared project between SBCLS and the City of Yucaipa to move and build a new library in Yucaipa. Funding for library services comes primarily from property tax revenue. As development within the FCSP area occurs, property tax revenue should grow proportionally. The City is also currently exploring options to develop a new library to serve the entire community.

Therefore, with the payment of property tax, online access to electronic materials, and the operation of the new library, impacts of the Proposed Project to library facilities would be less than significant.

As with the 2008 Certified EIR, the Proposed Project would not result in impacts to library facilities.

Therefore, the Proposed Project would not result in new or substantially more severe significant impacts in this regard when compared to the Approved Project.

Pacific Oaks Commerce Center
The demand for library services is typically generated by residential uses. Under the Proposed Project, the Pacific Oaks Commerce Center project would not construct residential uses, but business park uses. The Pacific Oaks Commerce Center would not result in impacts to library facilities. Therefore, the Pacific Oaks Commerce Center project would not result in new or substantially more severe significant impacts in this regard when compared to the Approved Project.

Finding. The Proposed Project would have a less than significant direct, indirect, and cumulative impact to library facilities and services. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

15. Recreation
Specific Plan PPPs
The following are plans, programs, and policies (PPPs) that would reduce the Proposed Project's potential recreation impacts:

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 73 -
08/26/2024 City Council Agenda 209

Development Standards
Chapter 4, Development Standardr, of the FCSP regulates the planning and development of all properties in the plan area. The FCSP identifies general provisions; permitted land uses; development standards; landscape standards; sign regulations; common open space, parks, trails, and hillside preservation; and infrastructure for residential and nonresidential uses. For example:
■ Parks are permitted uses under the Residential, Agro-Commercial Tourism, Regional Commercial, and Open Space designations.
■ Indoor/outdoor recreation facilities are permitted uses under the Residential, Agro-Commercial Tourism, Regional Commercial, and Open Space designations. ■ All single-family residential development with lot sizes less than 10,000 square feet shall provide one pocket park of at least 10,000 square feet for each 50 residential dwelling units. ■ All common open space for multifamily unit types or high -density land uses shall be usable indoor or outdoor areas, and may include active spaces or passive spaces.

Design Guidelines
Chapter 5, De ign Guidelines, of the FCSP provides direction for site planning, landscaping, building design, and site features for residential and nonresidential uses that promote the aesthetics appropriate for this area and to maintain the rural character of Yucaipa. For example:
■ For multifamily development, pocket parks and tot lots shall be sited centrally within the project in compliance with Crime Prevention Through Environmental Design (CPTED) principles.

Impact 5.16-1: The Proposed Project would generate additional residents that would increase the use of existing park and recreational facilities. [Threshold R-1] Recreation
FCSP Buildout
Since the certification of the EIR for the Approved Project, additional parks and recreational facilities have been developed in the City. Additionally, the City prepared a General Plan Update in 2016 that evaluated Yucaipa's demand for recreation in the Parks, Recreation, Trails, and Open Space Element.

The General Plan Update identified that the City of Yucaipa at buildout, which included the Approved Project, would have sufficient parkland.

The City of Yucaipa has approximately 551 acres of local, community, and regional parks and special use facilities, and 1,253 acres of natural open space. Yucaipa's parks and open space are also supplemented by the City's multiuse trails; school play areas, recreational facilities, and athletic fields; and special use facilities.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 74 -
08/26/2024 City Council Agenda 210

The Proposed Project would add approximately 6,823 residents, which is an increase of approximately 69 residents compared to the Approved Project's estimated population of 6,754 residents. Based on the City's parkland standard of 3.5 acres per 1,000 residents, the Proposed Project and Approved Project would create a demand for 23.88 acres and 23.64 acres of parkland, respectively. The Proposed Project would result in a net increase in demand of 0.24 acre compared to the Approved Project.? Compared to the Approved Project, the Proposed Project would result in a slight increase in the use of existing parks and recreational facilities.

With the implementation of the Proposed Project, the City would continue to have a surplus of parkland, and the increase of 0.24 acre in demand would be nominal and would not result in substantial physical deterioration of existing parkland in Redlands, Calimesa, or Yucaipa. Like the Approved Project, the Proposed Project would be conditioned to pay park development fees and/or dedicate parkland within the plan area to ensure that sufficient parkland is available to residents.

Furthermore, the FCSP Update includes design guidelines and development standards for the provision of open space and parks in the plan area. As identified in the FCSP Update, all single-family residential developments with lot sizes less than 10,000 square feet are required to provide one pocket park of at least 10,000 square feet for each 50 dwelling units. Consequently, some of the demand for new parkland would be met on -site, which would reduce off -site recreational needs and potential impacts to parks in the vicinity of the plan area, including parks in Calimesa and Redlands. Therefore, impacts would be less than significant and the Proposed Project would not result in new or substantially more severe significant impacts to parkland than what was identified in the 2008 Certified EIR.

Pacific Oaks Commerce Center
Impacts of the Pacific Oaks Commerce Center project are similar to those identified above for the Proposed Project. Typically, residential uses result in a higher demand for recreation facilities compared to nonresidential uses. The Pacific Oaks Commerce Center project does not include the development of residential uses, and impacts would be less than significant. Therefore, the Pacific Oaks Commerce Center project would not result in new or substantially more severe significant impacts in this regard when compared to impacts in the 2008 Certified EIR.

Finding. Compliance with existing PPPs would minimize adverse impacts from recreation to less than significant levels. The Proposed Project would have a less than significant direct, indirect, and cumulative impact to recreational facilities and services. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.
7 3.5 acres/1,000 persons = 0.0035 acre/person

0.0035 acre/person x 6,823 residents = 23.88 acres (Proposed Project need)

0.0035 acre/person x 6,754 residents = 23.64 acres (Approved Project need)

0.0035 acre/person x 69 residents = 0.24 acre (Proposed Project increment compared to the Approved Project) Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 75 -
08/26/2024 City Council Agenda 211

Impact 5.16-2: Project implementation would not result in environmental impacts to provide new and/or expanded recreational facilities. [Threshold R-21 Expanded Recreational Facilities
FCSP Buildout
As stated in Impact 5.16-1, the Proposed Project would result in the development of trails and parks in the plan area. As identified in the FCSP Update, all single-family residential developments with lot sizes less than 10,000 square feet are required to provide one pocket park of at least 10,000 square feet for each 50 residential dwelling units. The construction of these trails and parks were analyzed throughout the SEIR. On a project -by -project basis, construction associated with individual park facilities would be less intensive than the mass grading required for development of the individual planning areas within the plan area. Like the Approved Project, the Proposed Project would not require new and/or expanded facilities outside of the plan area. The incremental increase in demand for parkland (0.24 acres) generated by the Proposed Project compared to the Approved Project would not result in additional impacts. In addition, the Proposed Project would be conditioned to pay park development fees to the City, and impacts would be less than significant. Therefore, the Proposed Project would not result in new or substantially more severe significant impacts to parkland than those identified in the 2008 Certified EIR.

Pacific Oaks Commerce Center
The Pacific Oaks Commerce Center project would not develop residential uses, and no parks are planned on the Pacific Oaks Commerce Center project site. Therefore, no impacts would occur. The Pacific Oaks Commerce Center project would not result in new or substantially more severe significant impacts in this regard when compared to the impacts in the 2008 Certified EIR.

Finding. Compliance with existing PPPs would minimize adverse impacts from recreation to less than significant levels. The Proposed Project would have a less than significant direct, indirect, and cumulative impact from expanded recreational facilities. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

16. Transportation
Specific Plan PPPs
The following are plans, programs, and policies (PPPs) that would reduce the Proposed Project's potential transportation impacts:

The FCSP Update includes the following circulation goals:

Provide new roadway and trail connections to adequately serve the vehicular and emergency access needs throughout the Freeway Corridor Project.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 76 -
08/26/2024 City Council Agenda 212

■ Provide new roadway and trail connections to adequately serve the vehicular and emergency access needs throughout the project area and provide connections to future areas of development. ■ Locate circulation routes in a manner that requires minimal grading and preserves natural topography and scenic views and parallels the natural drainage system, wherever possible. ■ Promote pedestrian and bicycling activities through both off- road trails and along roadways. ■ Design routes and access locations to minimize traffic impacts to surrounding neighborhoods. ■ Provide adequate and safe nonmotorized connections across I-10. ■ Connect trails to the San Timoteo Canyon regional bicycle trail where possible. ■ Provide multipurpose trails within natural and improved settings to improve the localized connectivity throughout the area.

Conditions of Approval
A TIA has been prepared in accordance with the City of Yucaipa's Traffic Impact Analysis Guidelines in order to identify transportation improvements necessary to maintain the City's local congestion - based standards. The City has identified that fair -share payment for the improvements would be implemented as Conditions of Approval for new development projects.

Specific Plan
Wildwood Canyon Road Interchange Not Operational at Buildout ■ Yucaipa Boulevard and Outer Highway 10 S: Add a southbound left -turn lane and westbound free right -turn lane.
■ Yucaipa Boulevard and I-10 Eastbound Ramps: Add an eastbound right -turn lane. ■ 16th Street and Outer Highway 10 S: Add an eastbound left -turn lane, a southbound right -turn lane, and a westbound right -turn lane.
■ 14th Street and Avenue E: Add an eastbound right -turn lane and westbound right -turn lane.

Install a traffic signal.
■ Live Oak Canyon Road and Outer Highway 10 S: Add a northbound left -turn lane, a northbound through lane, a southbound through lane, and an eastbound right -turn lane. ■ Oak Glen Road and Calimesa Boulevard: Add a northbound through lane, a southbound right - turn lane, an eastbound through lane, a westbound through lane, and a westbound right -turn lane.

Add a second northbound left -turn lane, a second southbound left -turn lane, a southbound through lane, and a third westbound left -turn lane.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 77 -
08/26/2024 City Council Agenda 213

■ Oak Glen Road and Yucaipa Boulevard: Add a northbound right -turn lane. Add overlap phasing to the southbound right -turn lane.
■ Wildwood Canyon Road and Calimesa Boulevard: Install a traffic signal, add an eastbound through lane, and a westbound through lane.
■ Colorado Street and Wildwood Canyon Road: Install a traffic signal, add an eastbound through lane, a westbound through lane, and a southbound right -turn lane. ■ Calimesa Boulevard and County Line Road: Add a northbound right -turn lane, a southbound through lane, an eastbound through lane, an eastbound right -turn lane, and a westbound right -turn lane.

Wildwood Canyon Road Interchange Operational at Buildout ■ Yucaipa Boulevard and Outer Highway 10 S: a southbound left -turn lane and westbound free right -turn lane.
■ Yucaipa Boulevard and I-10 Eastbound Ramps: Add an eastbound right -turn lane. ■ 16th Street and Outer Highway 10 S: Add and eastbound left -turn lane, a southbound right -turn lane, and a westbound right -turn lane.
■ 14th Street and Avenue E: Add an eastbound right -turn lane and westbound right -turn lane.

Add a second northbound left -turn lane, a second southbound left -turn lane, a southbound through lane, and a third westbound left -turn lane.
■ Oak Glen Road and Yucaipa Boulevard: Add a northbound right -turn lane. Add overlap phasing to the southbound right -turn lane.
■ Colorado Street and Wildwood Canyon Road: Install a traffic signal, add an eastbound through lane, a westbound through lane, and a southbound right -turn lane. ■ Calimesa Boulevard and County Line Road: Add a northbound right -turn lane, a southbound through lane, an eastbound through lane, an eastbound right -turn lane, and a westbound right -turn lane.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 78 -
08/26/2024 City Council Agenda 214

Pacific Oaks Commerce Center Project
Openin_g Year (without Wildwood Canyon Interchange Project) ■ Live Oak Canyon Road and Outer Highway 10 S: Add a northbound left -turn lane, a northbound through lane, and a southbound through lane. ■ Oak Glen Road and Calimesa Boulevard: a second northbound left -turn lane, a third westbound left -turn lane. Add a northbound through lane, and a westbound right -turn lane. ■ Wildwood Canyon Road and Calimesa Boulevard: Install a traffic signal and a westbound through lane.
■ I-10 Eastbound Ramps and County Line Road: Install a traffic signal, add an eastbound through lane, an eastbound right -turn lane, and a westbound through lane.

Specific Plan Buildout Year (with Wildwood Canyon Interchange Proiect) ■ 16th Street and Outer Highway 10 S: Add an eastbound left -turn lane, a westbound right -turn lane, and a southbound right -turn lane.
■ Live Oak Canyon Road and Outer Highway 10 S: Add a northbound left -turn lane, a northbound through lane, a southbound through lane, and an eastbound right -turn lane. ■ Oak Glen Road and Calimesa Boulevard: Add a second northbound left -turn lane, a second southbound left -turn lane, a southbound through lane, and a third westbound left -turn lane. Add a northbound through lane, a southbound right -turn lane, an eastbound through lane, a westbound through lane, and a westbound right -turn lane.
■ Colorado Street and Wildwood Canyon Road: Install a traffic signal, add a southbound right - turn lane, an eastbound through lane, and a westbound through lane. ■ Calimesa Boulevard and County Line Road: Add a northbound right -turn lane, a southbound through lane, an eastbound through lane, an eastbound right -turn lane, and a westbound right -turn lane.

Impact 5.17-1: The Proposed Project would not conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities. [Threshold T-1]
Consistency with Plan, Policy, Ordinance Addressing Circulation System FCSP Buildout
The Proposed Project would have similar impacts to alternative transportation plans as the Approved Project. Since the 2008 EIR was certified, the City has adopted an updated General Plan and transportation policies. The FCSP Update is consistent with the City's updated complete streets goals and policies included in the current General Plan. Specifically, the FCSP Update implements circulation Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 79 -
08/26/2024 City Council Agenda 215

goals to ensure consistency with local alternative transportation plans, such as promoting pedestrian and bicycle activities, providing adequate and safe nonmotorized connections across I-10, connecting trails to the San Timoteo Canyon regional bicycle trail, and providing multipurpose trails within natural and improved settings to improve connectivity. The FCSP includes an updated multimodal trail and circulation system and provides interconnectivity between the planning areas. The FCSP also requires new development to provide a system of pedestrian walkways for safe and convenient access. The FCSP promotes pedestrian and bicycle activities through off -road trails and along roads, and allows for bus stops in all the planning areas.

The City's General Plan includes a Bikeway Network that shows the planned bike lanes in the City, including within the plan area. Additionally, transit service in Yucaipa at buildout is anticipated to include additional routes, as identified in the San Bernardino County Long Range Transit Plan Final Report. A new Route 5 is anticipated to travel along 5th Street, Avenue E, and Wildwood Canyon Road. Therefore, the Proposed Project would not result in a substantial increase in magnitude of impacts or new impacts related to consistency with alternative transportation plans. Impacts would be less than significant.

Pacific Oaks Commerce Center
Consistency of the Pacific Oaks Commerce Center Project with local multimodal transportation plans are the same as that identified for the Proposed Project. As identified above, compared to the Approved Project, the Pacific Oaks Commerce Center project would not result in a new impact or substantial increase in magnitude of impacts related to pedestrian, bicycle, or transit use in the Plan area. Therefore, impacts would be less than significant.

Finding. Compliance with existing PPPs would minimize adverse impacts from recreation to less than significant levels. The Proposed Project would have a less than significant direct, indirect, and cumulative impact on policies and plans addressing the circulation system. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.17-2: The Proposed Project would not generate a substantial increase in total VMT compared to the Approved Project. [Threshold T-21
Vehicle Miles Traveled
FCSP Buildout
Project Generated VMT Scenario
Table 5.17-4, Project Generated VMT Comparison of the Proposed Project to the Approved Project, of the Draft SEIR, shows that there would be a net decrease in VMT per service population (VMT/SP) from Approved Project to the Proposed Project. This is primarily due to the decrease in retail and associated employment accommodated by the Proposed Project compared to the Approved Project. Compared to the Approved Project, the Proposed Project would not result in a new impact or substantial increase in magnitude of impacts related to VMT. Therefore, impacts would be less than significant.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 80 -
08/26/2024 City Council Agenda 216

Project Effect on VMT Scenario
Table 5.17-5, Project Effect on VMT Comparison of the Proposed Project to the Approved Prject, of the Draft SEIR, shows an increase in VMT/SP from the Approved Project. However, since VMT/SP would be less than Citywide VMT/SP, the FCSP Update is anticipated to result in a less than significant transportation impact related to VMT. Compared to the Approved Project, the Proposed Project would not result in a new impact or substantial increase in magnitude of impacts related to VMT.

Therefore, impacts would be less than significant.

Pacific Oaks Commerce Center
Table 5.17-6, VMT Comparison of the Patzfic• Oaks Commerce Center Project, of the Draft SEIR, shows that the Pacific Oaks Commerce Center is anticipated to result in a less than significant transportation impact related to VMT based on the City's SB 743 thresholds. Consequently, the Pacific Oaks Commerce Center project would not result in a new impact or substantial increase in magnitude of impacts related to VMT. Furthermore, VMT associated with the Pacific Oaks Commerce Center is encompassed in the Specific Plan analysis in Tables 5.17-4 and 5.17-5, of the Draft SEIR, which shows that the Proposed Project would not result in a new or substantial increase in magnitude of VMT impacts compared to that identified in the 2008 Certified EIR. Therefore, project -level impacts would also be less than significant.

Finding. Compliance with existing PPPs would minimize adverse impacts from transportation to less than significant levels. The Proposed Project would have no significant -direct, indirect, and cumulative impact to Yucaipa's traffic analysis and methodology. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.17-3: The Specific Plan adequately addresses potentially hazardous conditions (sharp curves, etc.), potential conflicting uses, and emergency access. [Threshold T-3 and T-41
Hazardous Conditions and Emergency Access
FCSP Buildout
The Proposed Project would result in an increase of 25 units and 507,486 square feet compared to the Approved Project. As shown in Table 5.17-7, Trip Generation Comparison of the Proposed Project to the ApprovedProjectmith PCE, of the Draft SEIR, the Proposed Projectwould result in a substantial decrease in vehicle trips, and as a result, congestion compared to that of the Approved Project because of the reduction of regional retail land uses compared to business park/warehouse land use types. As a result, the Proposed Project would not result in a substantial increase in emergency hazards compared to the Approved Project. Additionally, a congestion -based Transportation Impact Analysis (TIA) has been prepared and identifies circulation improvements to maintain the City's congestion -based Level of Service (LOS) standards. These recommendations are identified as Conditions of Approval for new development within the FCSP.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 81 -
08/26/2024 City Council Agenda 217

The circulation system of the FCSP Update has been designed to enhance visual and physical connectivity between neighborhoods, open space, and other uses within the area. The Specific Plan implements circulation goals to improve safety and emergency access, such as providing new roadways and trail connections to serve vehicular and emergency access needs and designing routes and access locations to minimize traffic to surrounding neighborhoods. Roadways within the Plan area are required to be designed to incorporate traffic -calming measures- that improve comfort and safety.

Traffic- calming design elements within the planning areas to provide a safe pedestrian environment may include narrower streets, roundabouts, intersection curb bump -outs, medians, shorter blocks, and tree canopies extending over streets. These encourage slower vehicular speeds and improve safety, and will allow efficient daily and emergency vehicular access as well as provide for multimodal (pedestrian, bicycle, and equestrian) access to all areas in the project. Public roads within the plan area would be dedicated to the City and maintained by the Public Works Department of the City of Yucaipa. Local private streets within a project boundary will be maintained though funding from the Homeowners Association fees or by the owner of the given project.

Additionally, for developments in Phases 5 and 6, secondary freeway access is required to be available prior to commencement of development to connect to I-10, as required by City public safety and emergency response personnel. A safety analysis was conducted at the interchange ramps on Live Oak Canyon Road, Wildwood Canyon Road, and County Line Road (see Appendix P of the Draft SEIR).

The TIA (Tables BB and CC) identify that the queues at the interchange ramps would not cause traffic to back up to the freeway mainline. In addition, a comparison of the queues under with Wildwood Canyon Road Interchange and without Wildwood Canyon Road Interchange shows a reduction in queues lengths at the Live Oak Canyon Road and County Line Road interchange ramps for the majority of the turning movements. The Proposed Project would not result in new impacts or a substantial increase in magnitude of impacts to emergency access and safety hazards compared to the Approved Project. Impacts would be less than significant.

Pacific Oaks Commerce Center
Transportation hazards associated with the Pacific Oaks Commerce Center Project are the same as that identified for the Proposed Project. As identified above, compared to the Approved Project, the Pacific Oaks Commerce Center project would not result in a new impact or substantial increase in magnitude of impacts related to transportation hazards. Therefore, impacts would be less than significant.

Finding. Compliance with existing PPPs would minimize adverse impacts from transportation to less than significant levels. The Proposed Project would have no significant direct, indirect, and cumulative impact to roadway hazards and emergency access. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 82 -
08/26/2024 City Council Agenda 218

17. Utilities and Service Systems
Specific Plan PPPs
The following are plans, programs, and policies (PPPs) that would reduce the Proposed Project's potential utility and service system impacts:

Development Standards
The FCSP does not include specific development standards for wastewater treatment and collection in Chapter 4, Development Standards, however, Chapter 3, Project Description, describes the sewer system requirements. Section 3.8, Water and Sewer System, provides the infrastructure plans and required project design features to support development in the FCSP that is required by the Yucaipa Valley Water District (YVWD).

The FCSP does not include specific development standards for water systems in Chapter 4, Development Standard, however, Chapter 3, Project Description, describes the water system requirements. Section 3.8, Water and Sewer System, provides the infrastructure plans and required project design features to support development in the FCSP.

Section 3.8 notes that water pipelines must be sized to adequately service the following water demands as defined by the YVWD:
■ Maximum day demand multiplied by 1.33 plus the fire flow with a residual pressure of 20 pounds per square inch and a maximum velocity of 10 feet per second. ■ Maximum Hour Demand with a residual pressure of 40 pounds per square inch and a maximum velocity of 5 feet per second.

This section also states that the FCSP will utilize recycled water to irrigate greenbelt areas, commercial landscape areas, roadway medians, and yards for individual homes within YVWD's service area.

Section 3.8 also requires that proposed projects in the plan area incorporate the following water conservation measures:
■ Coordinate with local water agencies to evaluate impacts of proposed developments on water supply and demand.
■ Utilize low -output water systems through recycled water (for projects within YVWD's service area), water conserving irrigation systems, and landscape design. ■ Provide water facilities that adequately serve high quality water to future residents. ■ Ensure proper maintenance to avoid loss due to leakage.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 83 -
08/26/2024 City Council Agenda 219

Conditions of Approval
Specific Plan
■ Bundled Services. Drinking water, recycled water, and sewer service shall be provided to each parcel within the FCSP served by the YVWD.

Annexation. Any parcel within the FCSP not currently annexed to YVWD, WHWC, or SMWC, shall be annexed to YVWD at the sole cost of the property owner prior to receiving service from YVWD.
■ Construction of Two Groundwater Injection/Extraction Wells. Future development pursuant to the FCSP shall dedicate sufficient property (location, grading, and size) subject to YVWD approval and construct two groundwater injection/extraction wells for the storage and extraction of drinking water to serve the Proposed Project. The dedication of the groundwater well sites (see Figure 5.19-3) shall be discussed in future development agreements with property deeded to YVWD in fee title prior to the issuance of building permits for either BP2 or BP3 and any planning area east of PA17. Additional details regarding the construction of the groundwater wells shall be discussed in future development agreements.

Recycled Water Use/Dual Plumbed Requirement. Recycled water shall be used to irrigate all greenbelt areas, landscape areas, and roadway medians within YVWD's service area. The use of recycled water shall also be required for non -potable uses on -site such as cooling and processing water for the applicable commercial/industrial facilities.

Construction of Surface Water Detention Basins. YVWD shall require the construction of soft bottom detention basins appropriately placed throughout the project area to maintain the percolation to the extent possible on -site within the service area of YVWD. YV``UD reserves the right to accept deeded property associated with stormwater capture basins for operation and maintenance based on discussions with individual property owners. ■ Temporary Facilities. YVWD recognizes that temporary facilities may be constructed to allow for the initial phasing of the Proposed Project. YVWD would provide time dependent limitations on all temporary facilities within its service area, regardless of economic conditions and phasing schedules.
■ Fixture Unit Calculations. Future development pursuant to the FCSP shall revise and update the fixture unit counts prior to construction and prior to occupancy to verify the facility capacity charges and other related costs and estimates.
■ Water Recharge Assignment. Storm water recharged as a result of development pursuant to the FCSP shall be tabulated and provided to YVWD for accrual to storage accounts of YVWD. ■ YVWD's Resolution No. 11-2008 and Resolution No. 2023-76. Future property owners and developers shall comply with YVWD's Resolution No. 11-2008 and Resolution No. 2023-76, or its successors, prior to obtaining a building permit.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 84 -
08/26/2024 City Council Agenda 220

■ Grading Water. Recycled Water is available immediately adjacent to the Proposed Project and shall be required for all grading activity within YVWD's service area.

Pacific Oaks Commerce Center
Bundled Services. Drinking water, recycled water, and sewer service shall be provided to all proposed buildings within the Pacific Oaks Commerce Center. ■ Annexation. The Pacific Oaks Commerce Center shall be annexed to YVWD at the sole cost of the property owner prior to receiving service from YVWD.

Construction of Two Groundwater Injection/Extraction Well.: The Pacific Oaks Commerce Center shall dedicate sufficient property (location, grading, and size) subject to YVWD approval to construct one groundwater injection/extraction well for the storage and extraction of drinking water to serve the FCSP. The dedication of the groundwater well site (see Figure 5.19-3) shall be discussed in future development agreements with property deeded to YVWD in fee title prior to the issuance of building permits for either BP2 or BP3. ■ Recycled Water Use/Dual Plumbed Requirement. Recycled water shall be used to irrigate all greenbelt areas, landscape areas, and roadway medians. The use of recycled water shall also be required for non -potable uses on -site such as cooling and processing water for the applicable commercial/industrial facilities.
■ Water Recharge Assignment. Storm water recharged as a result of Pacific Oaks Commerce Center shall be tabulated and provided to YVWD for accrual to storage accounts of YVWD. ■ YVWD's Resolution No. 11-2008 and Resolution No. 2023-76. The Pacific Oaks Commerce Center shall comply with YVWD's Resolution No. 11-2008 and Resolution No. 2023-76, or its successors, prior to obtaining a building permit.
■ Grading Water. Water required for grading activities shall be recycled water.

Impact 5.19-1: Project -generated wastewater could be adequately treated by the wastewater service provider for the project and would not require the construction of new wastewater treatment facilities or the expansion of existing facilities or exceed wastewater treatment requirements of the Regional Water Quality Control Board. [Thresholds U-1(part), and U-31
Wastewater
FCSP Buildout
The proposed land use plan includes an overall increase of 25 dwelling units and 504,713 square feet of nonresidential uses. Table 5.19-2 Change in Sewer Generation, of the Draft SEIR, provides a summary of sewer demands for the Approved Project and the Proposed Project and shows that the Proposed Project would increase sewer flows by 162,410 gpd or 0.16 mgd compared to the Approved Project.

This increase in flows could impact the sewer infrastructure system. Implementation of the Proposed Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 85 -
08/26/2024 City Council Agenda 221

Project, like the Approved Project, would require the construction of new sewer infrastructure on -site and off -site since the plan area is currently undeveloped.

New lift stations and potential relocation of the existing lift station to provide adequate service and conveyance to the treatment plant may be needed. YVWD is currently evaluating the number of lift stations, capacity of the existing lift station, and potential relocation of this lift station. It is likely that this lift station would require improvements or relocation and upsizing to handle the increased flows.

The construction of the on -site and off -site sewer lines and associated improvements would primarily include trenching for the pipelines. All construction would be in accordance with the State Construction General Permit. Any work that may affect services to the existing sewer lines would be coordinated with the City and YVWD, and a construction management plan or equivalent is required to ensure safe pedestrian access as well as emergency vehicle access and safe vehicle travel. Moreover, when considering impacts resulting from the installation of any required wastewater infrastructure, all impacts are relatively short term and would cease once the installation is complete. Therefore, impacts on wastewater systems associated with construction activities would be less than significant.

YVWD has a formal process to ensure that the overall sewer system —including future sewer lines and the integrity of existing facilities is managed efficiently. All new development projects must prepare detailed sewer reports, including detailed demands, grading plans, pad elevations, anticipated easements and public dedications, points of connection, anticipated sewer line alignments, and slopes. Once the documentation is complete, YVWD incorporates the sewer demands into the sewer hydraulic model to evaluate impacts and identify the required sewer infrastructure upgrades necessary to support development pursuant to the Proposed Project while ensuring that existing systems and service areas are not negatively impacted. YVWD has a proactive process to track the condition of sewer infrastructure through established capital improvement projects and project -by -project review of required documentation.

Since the Proposed Project is being evaluated at a programmatic level, with the exception of the Pacific Oaks Commerce Center Project, and there are no projects with sufficient detail to analyze at this point, site -specific sewer infrastructure details and requirements are not known at this time. As projects consistent with the Proposed Project are submitted, detailed sewer analyses will identify on- and off - site improvements. In certain instances where more precise detail is required, developers may be required to perform sewer flow monitoring at key nodes in the existing sewer system that would receive future flows from the planning area. All development would also need to pay developer fees and fair - share contributions for regional improvements.

The increase in sewer flows of approximately 0.61 mgd would increase the amount of treatment required at the WRF (see Table 5.19-2). The existing wastewater flow within the system is approximately 3.8 mgd as of 2020, resulting in remaining capacity of 4.2 mgd. Therefore, development anticipated under the Proposed Project would not exceed the available wastewater treatment capacity of the WRF.

Additionally, project -generated wastewater would comply with the Sana Ana Regional Water Quality Control Board's Order No. R8-2015-0027. Development pursuant to the Proposed Project would also be designed, constructed, and operated in accordance with the YVWD's Order No. 54-2009.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 86 -
08/26/2024 City Council Agenda 222

Therefore, impacts would be less than significant. The Proposed Project would not result in new or substantially more severe impacts associated with wastewater treatment and infrastructure when compared to the analysis in the 2008 Certified EIR.

Pacific Oaks Commerce Center
Construction of any on -site and off -site sewer lines and associated improvements would be in accordance with the State Construction General Permit and coordinated with the City and YVWD. A construction management plan or equivalent would be required to ensure safe pedestrian access, emergency vehicle access, and safe vehicle travel. Moreover, when considering impacts resulting from the installation of any required wastewater infrastructure, all impacts are relatively short term and would cease once the installation is complete. Therefore, impacts on wastewater systems associated with construction activities would be less than significant.

The 24-inch trunkline that bisects planning areas BP2 and BP3 does not have sufficient capacity for the Pacific Oaks Commerce Center project. A new sewer line from the proposed development to the waste treatment facility that runs parallel to the existing 24-inch line is proposed to avoid adding any flows to the impacted line. The proposed line would be within the future roadway between BP2 and BP3 and would tie into the existing line south of BP3 that leads to the treatment facility.

As with any development in the plan area, the Pacific Oaks Commerce Center project must prepare detailed sewer reports, including detailed demands, grading plans, pad elevations, anticipated easements and public dedications, points of connection, anticipated sewer line alignments, and slopes. Once the documentation is complete, YVWD would incorporate the sewer demands into the sewer hydraulic model to evaluate impacts and identify the required sewer infrastructure upgrades necessary to support the development while ensuring existing systems and service areas are not negatively impacted. The project applicant would also need to pay developer fees and fair -share contributions for regional improvements. Therefore, impacts on wastewater infrastructure associated with the operational phase of development pursuant to the Pacific Oaks Commerce Center project would be less than significant.

The Pacific Oaks Commerce Center project would not result in new or substantially more severe impacts associated with wastewater treatment and infrastructure when compared to the analysis in the 2008 Certified EIR.

Finding. Compliance with existing PPPs would minimize adverse impacts from utilities and service systems to less than significant levels. The Proposed Project would have a less than significant direct, indirect, and cumulative impact to wastewater facilities. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 87 -
08/26/2024 City Council Agenda 223

Impact 5.19-2: Impact 5.19-2: Water supply and delivery systems are adequate to meet project requirements. [Thresholds U-1(part) and U-21
Water Supply and Delivery Systems
FCSP Buildout
Water Infrastructure
Proposed development within the FCSP area is anticipated to fall within Pressure Zones 9 through 12 based on the analysis completed for the 2008 FCSP. There have been no significant changes that would alter the pressure zones.

A draft water infrastructure plan for both potable and nonpotable water systems has been completed by YVWD for the FCSP. Approximately 1,364 linear feet of on -site potable waterlines would be installed connecting private water lines from each building with the public system in the proposed streets. Approximately 20,690 linear feet of off -site potable public water lines would be installed to service the Proposed Project.

Figure 5.19-4, Proposed Potable Water Infrastructure, of the Draft SEIR, shows the proposed potable water lines needed to serve the Proposed Project. A new water connection would be required and begin at Avenue D and Oak Glen Road to the north and run south under the I-10 within Live Oak Canyon and then easterly in the new proposed road leading to the Pacific Oaks Commerce Center project, and new water lines would be needed for planning Areas PA14 through PA 24. For development north of I-10, existing and new water lines would service the proposed land uses. For the proposed residential and commercial uses west of Live Oak Canyon Road, water lines would be extended from Live Oak Canyon Road. In addition to proposed pipelines, the water infrastructure plan also notes additional water wells, tanks, and booster pumping plants needed throughout the FCSP project area.

Recycled water pipelines would occur adjacent to all proposed potable water infrastructure. Projects in the plan area would be responsible for implementing on -site potable and recycled water lines (if they are within YVWD's service area), water reservoirs, booster systems, and off -site potable and recycled water lines to their specific locations to bring water sources into the new service areas and ensure adequate pressure for fire flow protection. Project's within SMWC's service area would need to implement the requirements of SMWC's Standard Specification for the Furnishing of Materials and the Construction of Water Facilities.

All construction would be performed in accordance with the Construction General Permit. Any work that may affect services to the existing water lines would be coordinated with the City and the associated water district. When considering impacts resulting from the installation of any required water infrastructure, all impacts are relatively short term and would cease once the installation is complete. Therefore, impacts on water systems associated with construction activities would be less than significant.

All three water districts in the plan area have a formal process to ensure that the overall water system is managed efficiently and functions properly, including infrastructure, fire flow requirements, and water supply availability. New development projects must prepare detailed water hydraulic reports.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 88 -
08/26/2024 City Council Agenda 224

Therefore, impacts on water infrastructure associated with the operational phase of the Proposed Project would be less than significant. The Proposed Project would not result in new or substantially more severe impacts associated with water delivery systems when compared to the impacts in the 2008 Certified EIR.

Water Demand
The Proposed Project increases the total dwelling units by 25 and increases the nonresidential land uses by 504,713 square feet. Table 5.19-6, Residential and Nonresidential Water Demands, of the Draft SEIR, shows the total water demands for the Approved Project compared to the Proposed Project and shows that potable water demands would increase by approximately 354 acre-feet per year (afy), and recycled water demands would decrease by approximately 193 afy.

YVWD's 2020 Urban Water Management Plan (UWMP) states that there are sufficient water supplies through 2045 to meet projected demands in normal years, single dry years, and multiple dry years through 2045. As identified in the WSA (see Appendix Q of the Draft SEIR), YVWD would enter into a long-term water supply agreement with WHWC to supplement WHWC's groundwater supplies with imported water supplied by YVWD. Additional water supplies for the Proposed Project are also expected to be secured by water rights acquired by YVWD from the South Mountain Water Company to further enhance the water supplies for proposed development within YVWD's and W IWC's service areas.

SMWC's service area encompasses the County Line Road Warehouse project and an additional 9.7 acres of Business Park land uses. The additional 9.7 acres of Business Park uses would result in a potable water demand of 19,400 gpd (or approximately 22 afy).s As shown in Table 5.19-4, SMWC Normal, Single Dry, and Multiple Dry Year Supply and Demand, of the Draft SEIR, SMWC has residual water supply to accommodate this increase in potable water demand and impacts would be less than significant. The Proposed Project would not result in new or substantially more severe impacts associated with water supply when compared to the 2008 Certified EIR.

Pacific Oaks Commerce Center
Water Infrastructure
Construction of any on -site and off -site water lines and associated improvements would be in accordance with the State Construction General Permit and coordinated with the City and YVWD.

Moreover, when considering impacts resulting from the installation of any required water infrastructure, all impacts are relatively short term and would cease once the installation is complete.

Therefore, impacts on water systems associated with construction activities would be less than significant.

For the Pacific Oaks Commerce Center project, newwater service lines would be constructed to service the two industrial buildings and the future residential component (PA 10). The applicant worked with YVWD on pipe sizes, alignments, and associated infrastructure to provide reliable water supply and fire flow protection and determined the alignments for both potable and recycled water lines to follow 8 Using YVWD's potable water demand rate of 2,000 gpd/ac for Light Industrial uses.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 89 -
08/26/2024 City Council Agenda 225

the proposed roadway network associated with the proposed land uses. For recycled water infrastructure, proposed pipeline alignment would occur adjacent to all proposed potable water infrastructure. Separate pipelines and water storage facilities are used between the two sources to avoid mixing.

As with any development in the plan area, the Pacific Oaks Commerce Center project would prepare detailed water hydraulic reports. Once the documentation is complete, YVWD would incorporate the water demands into the water hydraulic model to evaluate impacts and identify the required water infrastructure upgrades necessary to support the development while ensuring existing systems and service areas are not negatively impacted. The project applicant would also need to pay developer fees and fair share contributions for regional improvements. Therefore, impacts would be less than significant. The project would not result in new or substantially more severe impacts associated with water delivery infrastructure when compared to impacts in the 2008 Certified EIR.

Water Demand
The Pacific Oaks Commerce Center is within the proposed FCSP, and development of the Pacific Oaks Commerce Center project is included in the water demand identified in Table 5.19-6. As identified in the WSA (see Appendix Q), the YVWD indicates that there would be sufficient water supplies to meet the demand for Pacific Oaks Commerce Center. Therefore, the Pacific Oaks Commerce Center would not result in new or substantially more severe significant impacts to water supply when compared to the 2008 Certified EIR.

Finding. Compliance with existing PPPs would minimize adverse impacts from utilities and service systems to less than significant levels. The Proposed Project would have a less than significant direct, indirect, and cumulative impact to water supply and treatment facilities. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.19-3: The Proposed Project would not require or result in the relocation or construction of new or expanded storm drain facilities the construction or relocation of which could cause significant environmental effects. [Threshold U-1 (part)]
Stormwater Systems
FCSP Buildout
The Proposed Project would have similar impervious conditions as the land uses for the plan area addressed in the 2008 Certified EIR. San Bernardino County Flood Control District (SBCFCD) and the City require that new development complete drainage and hydrology analyses to ensure that on - and off -site drainage facilities can accommodate increased stormwater flows. New development would be required to prepare a stormwater water quality management plan that includes implementation of on -site best management practices.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 90 -
08/26/2024 City Council Agenda 226

Additionally, hydromodification impacts would be addressed on a project -by -project basis in accordance with the San Bernardino County Technical Guidance Document. All projects would also be required to evaluate project -specific impervious surface calculations to ensure proper mitigation of runoff is met, and would be subject to the provisions in the 2012 Master Plan of Drainage (MPD), which requires projects to match or reduce peak flows compared to predevelopment conditions.

Additionally, all new storm drain systems would be designed in conformance with the City's standards.

Therefore, the Proposed Project would not result in a new or substantially more severe significant impact associated with storm drainage infrastructure when compared to the Approved Project, and impacts would be less than significant.

Pacific Oaks Commerce Center
A preliminary hydrology report for the Pacific Oaks Commerce Center was prepared (see Appendix L of the Draft SEIR). Existing peak flow rates were determined for the 100-year, 24-hour storm event and compared to peak flows for the proposed development for the same storm events. Proposed storm drain facilities would be designed and constructed in accordance with SBCFCD requirements and the City's standards. Therefore, the Pacific Oaks Commerce Center would not result in new or substantially more severe significant impacts in this regard compared to impacts in the 2008 Certified EIR.

Finding. Compliance with existing PPPs would minimize adverse impacts from utilities and service systems to less than significant levels. The Proposed Project would have a less than significant direct, indirect, and cumulative impact to stormwater facilities. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.19-4: Existing and/or proposed facilities would be able to accommodate Project - generated solid waste and comply with related solid waste regulations. [Thresholds U-4 and U-5]
Solid Waste
FCSP Buildout
Implementation of the Proposed Project would decrease solid waste generation by 65,015 pounds per day when compared to the Approved Project, as shown in Table 5.19-8, Change in Solid Waste Generation, of the Draft SEIR. Therefore, the San Timoteo Sanitary Landfill would be able to accommodate the solid waste generated from buildout of the Proposed Project.

Furthermore, substantial reductions in solid waste from construction materials can be achieved through recycling, reuse, and diversion programs. CALGreen section 5.408, Construction Waste Reduction, Disposal and Recycling, mandates recycling and/or salvaging for reuse a minimum of 65 percent of the nonhazardous construction and demolition waste. The California Building Code also requires a Construction and Demolition materials management plan prior to issuance of building permits for large projects. Project -related construction and operation phases would comply with federal, State, and local laws and regulations that govern solid waste disposal. With continued compliance with the applicable regulations, anticipated rates of solid waste disposal would be less than Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 91 -
08/26/2024 City Council Agenda 227

significant. The Proposed Project would not result in new or substantially more severe impacts associated with solid waste disposal when compared to the 2008 Certified EIR.

Pacific Oaks Commerce Center
The solid waste generation for the Proposed Project includes solid waste generated by the Pacific Oaks Commerce Center project, and the San Timoteo Sanitary Landfill would be able to accommodate the solid waste generated from the project. Additionally, the Pacific Oaks Commerce Center project would implement the requirements of CALGreen, would implement a Construction and Demolition materials management plan, and would comply with federal, State, and local laws and regulations that govern solid waste disposal as listed above. Therefore, impacts would be less than significant. The Pacific Oaks Commerce Center project would not result in new or substantially more severe impacts associated with solid waste disposal when compared to impacts in the 2008 Certified EIR.

Finding. Compliance with existing PPPs would minimize adverse impacts from utilities and service systems to less than significant levels. The Proposed Project would have a less than significant direct, indirect, and cumulative impact to solid waste disposal facilities and services. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.19-5: The Proposed Project would not require or result in the relocation or construction of new or expanded electric power, natural gas, or telecommunication facilities the construction or relocation of which could cause significant environmental effects. [Threshold U-1 (part)] Other Utilities
FCSP Buildout
Construction
Most large construction equipment for construction would be gas or diesel powered, and later construction phases would require electricity -powered equipment such as nail guns for interior construction and sprayers for architectural coatings. Overall, the use of electricity would be temporary and would fluctuate according to the phase of construction. Therefore, energy consumption associated with construction activities would be similar. Therefore, the Proposed Project would not result in a new or substantially more severe significant impact when compared to the Approved Project, and impacts would be less than significant.

Operation
Compared to the Approved Project, the Proposed Project would result in a decrease of 11,322,933 kilowatt-hours per year in electricity and 24,924,846 kilo British thermal units per year of natural gas demand. The decrease is generally attributable to the decrease in the regional commercial space in lieu of warehousing space. Land uses accommodated under the FCSP would be subject to the Building Energy Efficiency Standards and CALGreen which would contribute to reducing building energy demands through energy efficiency and use of renewable energy.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 92 -
08/26/2024 City Council Agenda 228

Total electricity consumption in SCE's service area is forecast to decrease by approximately 1,068 gigawatt-hours between 2020 and 2035. The total gas consumption in the SoCalGas service area was approximately 7,333 million therms in 2020, with demand projected to be 7,672 million therms in 203.

SCE and SoCalGas forecast that they will have sufficient electricity and gas supplies to meet demands in its service area.

Infrastructure supporting telecommunications services associated with the Proposed Project would be provided and installed on -site. Concealed wireless telecommunications facilities would be installed, resulting in physical impacts to the surface and subsurface of the plan area. These impacts are part of the construction phase and are evaluated throughout this Draft SEIR. Therefore, impacts would be less than significant. The Proposed Project would not result in new or substantially more severe impacts when compared to the 2008 Certified EIR.

Pacific Oaks Commerce Center
Construction
Energy consumption during the construction phase of the Pacific Oaks Commerce Center would be similar to other development pursuant to the Proposed Project. Therefore, impacts would be less than significant. The Pacific Oaks Commerce Center project would not result in new or substantially more severe impacts when compared to the 2008 Certified EIR.

Operation
Energy consumption for the Pacific Oaks Commerce Center project is included in the overall energy consumption for the Proposed Project. As noted above, the Proposed Project would result in a decrease in both electricity and natural gas use. The Pacific Oaks Commerce Center project would be required to comply with the latest applicable Building Energy Efficiency Standards and CALGreen, and the two proposed warehouses would each have a photovoltaic system installed. Each system would generate up to 150,000 kilowatt-hours per year of renewable electricity. Additionally, SCE and SoCalGas forecasts that they will have sufficient supplies to meet demands in their service areas.

Therefore, implementation of the Pacific Oaks Commerce Center project would not require SCE to obtain new or expanded electricity supplies; impacts would be less than significant.

Infrastructure supporting telecommunications services would be provided and installed on -site.

Concealed wireless telecommunications facilities would be installed. These impacts are part of the construction phase and are evaluated throughout this Draft SEIR. Impacts would be less than significant. The Pacific Oaks Commerce Center project would not result in new or substantially more severe impacts when compared to the 2008 Certified EIR.

Finding. Compliance with existing PPPs would minimize adverse impacts from utilities and service systems to less than significant levels. The Proposed Project would have a less than significant direct, indirect, and cumulative impact to other utilities. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 93 -
08/26/2024 City Council Agenda 229

18. Wildfire
The following are plans, programs, and policies (PPPs) that would reduce the Proposed Project's potential wildfire impacts:

Fire Protection Plan
Development within the FCSP is required to adhere to the requirements identified in the FCSP Fire Protection Plan (see Appendix S).

Section 2.2.5 Fire Protection Features' Beneficial Effect on Wildfire Ignition Risk Reduction Ignition Resistant, Planning, and Maintained Landscape. Landscaping within the plan area, including common areas and Fuel Modification Zones (FMZ), would be subject to strict plant types that are lower ignition plants. Landscaping close to structures will require irrigation to maintain high plant moistures.

Interior Fire Sprinklers. Developments within the plan area would include interior fire sprinklers, which are designed to provide additional time for occupants to escape the structures. Sprinklers are also designed to provide structural protection.

6. Fire Access Roads. All roads within the plan area would provide code -consistent access throughout each development, including at least two points of ingress/egress.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 94 -
08/26/2024 City Council Agenda 230

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 95 -
08/26/2024 City Council Agenda 231

■ Projects with square footages over 400,000 square feet, or those that are three or more stories tall, or higher than 45 tall will participate in a fair -share funding agreement for an aerial ladder truck.

The funding amounts are to be determined by the City and respective Applicant.

This project is in Fire Safety Review Area 2. This is a high fire hazard brush area. This project shall comply with the construction and development standards for a FR-2 Area. Contact the City Building & Safety Division for FR-2 Area construction and development standards. ■ Fire Department access roads and/or public/private streets shall meet the Fire Department minimum width standard of 24 feet. Within FR-1 zone minimum width shall be 26 feet. Access roads shall be paved (asphalt/concrete) and in place prior to placement of combustible material on site. Fire Department minimum paving thickness shall be no less than 4 inches. This standard shall not lessen other agency requirements.
■ Fire Department access roads and/or public/private streets and residential driveways shall have a minimum vertical clearance of 13 feet and 6 inches.
■ Fire Department access roadways and/or public/private streets and driveways shall not exceed 12 percent grade (please note: Engineering Division requirements may be more restrictive). ■ Cul-de-sacs shall not exceed 600 feet in total length, unless otherwise approved by the Fire Department.
■ Required fire flow for this project, as determined by I.S.O. Formula, is as follows: GPM = 8,000, at 20 psi residual; for 4 hour duration A reduction in the required fire flow rate may be allowed per the exceptions specified in the California Fire Code. System shall be looped with minimum 8 inch mains; 6 inch laterals; 6 inch risers; 6 inch diameter hydrants with one 2 '/z" outlet and one 4" outlet.

Fire hydrants shall be installed at locations to be determined by the California Fire Code (2022) Appendix "C". Required fire flow to be determined by the California Fire Code (2022) Appendix "B". Minimum fire flow shall not be less than 8,000 gpm (exceptions not applied).

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 96 -
08/26/2024 City Council Agenda 232

A greenbelt or fuel modification zone plan shall be required and bonded for this project. Fuel modification plan requirements shall be site specific to this project. The applicant shall submit a fuel modification plan to the Fire Department for review and comments or approval. Maintenance provisions of the fuel modification zone shall be approved by the Fire Department. Maintenance of the fuel modification zone, located in designated open space, and enforcement of the fuel modification zone, within the property of individual property owners, shall be the responsibility of a homeowners' association or other approved maintenance authority that is acceptable to the Fire Department.
■ Three sets of water delivery system plans, designed to meet the required fire flow for this project and/or development shall be submitted to the Fire Department for approval. ■ Applicant -developer shall provide the Fire Department with a letter from the water company serving the project -development, verifying that financial arrangements have been made and bonds posted for the required Fire Department approved water improvements. ■ Prior to any construction, the entire fuel modification zone required and approved by the Fire Department shall be completed. Any phased implementation of the fuel modification zone shall be done only with prior approval of the Fire Department. ■ A fuel break of 100 feet (brush and weed clearance) is required prior to construction. The clearance shall be maintained on a year-round basis.
■ An additional fuel modification zone of 100 feet shall be provided on all side(s) of the proposed structure(s). Fuels in this zone are to be thinned and/or removed or otherwise modified to provide a reasonable level of fire defense protection to the proposed structure(s). ■ Fire hydrants shall be installed and operational as per approved water system delivery plans prior to any framing, construction, or delivery of combustible materials to project site. ■ An alternative type of construction providing a higher level of fire resistance is required. Contact the Fire Department or City Building Official for more information. ■ Fire Department access roadways and/or public/private streets exceeding 150 feet in length shall have a Fire Department approved turn -around at the terminus (cul-de-sac). Minimum radius shall be not less than 48 feet.
■ Fire Department access roadways and/or public/private streets and driveways shall extend to within one hundred fifty (150) feet of and shall give reasonable access to all portions of the exterior walls of the first story of any building. An access road, approved by the Fire Department, shall be provided to within fifty (50) feet of all structures when the natural grade between access road and structure is in excess of 30 percent. Where an approved access road cannot be provided, a fire protection system shall be required and approved by the Fire Department.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 97 -
08/26/2024 City Council Agenda 233

Manual operated gates across Fire Department access roadways, public and/or private streets and driveways, shall be equipped with approved emergency key -operated ("Knox" type) locks. For automatic gates, a "Knox" keyed emergency access switch shall be installed at location determined by Fire Department, and shall over -ride all command functions and open gate automatically upon activation. All automatic gates shall have a manual over -ride for use during loss of electric power. "Knox box" request forms are available from the Fire Department. ■ "No Parking - Fire Lane" signs shall be posted at locations designated by Fire Marshall. Fire lane curbs shall be painted red with white letters stating "No Parking — Fire Lane". ■ On site fire hydrants capable of supplying required fire flow shall be installed at locations identified by the Fire Marshall. System shall be looped with minimum 8 inch mains; 6 inch laterals; 6 inch risers; 6 inch diameter hydrants with one 2'/2" outlet and one 4" outlet. ■ Approved fire hydrant pavement markers shall be installed. ■ Automatic fire sprinklers shall be installed according to NFPA 13 and Fire Department requirements. Submit 3 sets of shop plans with material cut sheets and hydraulic calculations, indicating the type of occupancy, type of materials to be stored (if any), for Fire Department review and approval prior to any installation. Submit copy of California C-16 license. ■ Automatic fire sprinkler control devices (P.LV. & O.S.&Y.) shall be visible from Fire Department access roadway, and identify system being controlled and address of structure. Fire Department Connection (FDC) shall be located no closer than 50 feet and not to exceed 150 feet from structure. Required fire hydrant shall have a maximum distance from FDC of 30 feet. FDC shall identify address and system of structure being protected. ■ A minimum of one 2A-10BC fire extinguisher shall be installed for each 3,000 sq. ft. of floor area.

An automatic fire detection and alarm system meeting the requirements of UFC Article 10, CBC and NFPA 72 shall be installed. Three sets of shop plans with material cut sheets and calculations shall be submitted to the Fire Department for review and approval prior to installation. ■ Dependent on occupancy type and load, an automatic smoke removal system shall be installed.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 98 -
08/26/2024 City Council Agenda 234

■ Dependent on occupancy type and load, an automatic smoke ventilation system shall be installed.

A. Required exit doors shall be maintained in an operable condition at all times.

B. Required exit doors shall swing outward and away in the direction of exit travel.

C. Obstructions shall not be placed in the required width of an exit. Exits shall not be blocked or locked shut or obstructed in any manner during business hours.

D. Exit paths shall be illuminated when structure is occupied.

E. Exit path illumination shall be supplied from 2 sources of power when occupant load is one 100 persons or more.

F. When exit way/exit pathway and/or exit doorway is not easily identified, additional exit signs shall be installed.

G. Exit signs shall be internally or externally illuminated by two lamps or shall be of the self - luminous type.

All flammable and combustible liquid storage and dispensing shall be in accordance with applicable sections of the UFC Article 79 and City codes and ordinances. Plan review and annual permit to operate from the Fire Department is required.
■ Address numbers shall be provided along the roofs of the warehouse structures to aid aerial police and fire support personnel the ability to locate each site. ■ Commercial and industrial buildings in excess of 20,000 square feet and with an interior area more than 150 feet from exterior exit, shall be equipped with a Class I standpipe system or as needed to meet California Fire Code Section 905. Standpipe connections shall be configured to reach any Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 99 -
08/26/2024 City Council Agenda 235

portion of interior space within 150 feet in any direction of travel. This system shall be calculated to provide 500 gpm from an adjacent automatic fire sprinkler riser at 100 psi nozzle pressure for two hand lines flowing.
■ To ensure that the construction of the proposed structures does not impact the Yucaipa Fire Department's Insurance Services Office (ISO) rating, applicant shall pay to the City approximately half of the cost of a ladder truck fire apparatus (with associated equipment) in the amount of $490,000 to be used by the City to assist with the purchase of the ladder truck.

Impact 5.20-1: The Proposed Project would not substantially impair an adopted emergency response plan or emergency evacuation plan. [Threshold W-1] Emergency Response and Evacuation Plans
FCSP Buildout
Primary access to and from the plan area would occur via multiple access points such as Live Oak Canyon Road and Outer Highway 10 South in the northwestern portion of the plan area; and Live Oak Canyon Road, I-10, and new roadways in the southern portion of the plan area. During later phases of project development, site access would also be available via the I-10 interchange at Wildwood Canyon Road.

The Proposed Project would include the features to ensure adequate fire access and evacuation in the plan area roadways, such as ensuring all roads comply with access road standards of not less than 20 feet of unobstructed width, interior roads will be constructed to minimum 20-foot unobstructed widths, gradient of fire apparatus access roads shall not exceed the maximum 12 percent, private and public streets for each phase shall meet all plan -area -approved fire code requirements, vertical clearance of vegetation will be maintained at 13 feet 6 inches, cul-de-sacs and fire apparatus turnarounds shall meet Yucaipa Fire Department standards, traffic lights shall have traffic pre-emption devices compatible with devices on the fire apparatus, roadways/driveways will provide fire department access within 150 feet of all portions of the exterior walls, ensure that roadway design features do not interfere with emergency apparatus response speeds, and access roads shall be usable by fire apparatus.

The Proposed Project would increase the residential units and total residents by 25 dwelling units and 69 residents, respectively, compared to the Approved Project. Additionally, the Proposed Project would decrease the number of jobs by 317 jobs compared to the Approved Project; the proposed employment centers would include more logistics and warehousing than the Approved Project, which would reduce the number of visitors to the plan area due to less retail and commercial uses. This change to the number of residents and jobs would reduce daily weekday trips under the Proposed Project by 81,073 trips when compared to the Approved Project, as discussed in Chapter 5.17, Transportation, of this Draft SEIR. Therefore, if the entire plan area were to evacuate at the same time, the number of vehicles needing to evacuate would be reduced under the Proposed Project.

Effective emergency response depends on the Fire Department response times throughout the plan area. Yucaipa Fire Station 3 would provide initial response to the plan area with an average response Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 100 -
08/26/2024 City Council Agenda 236

time of 8 minutes and 36 seconds. Although this response time is beyond the five-minute response standard, given the Proposed Project's fire safety features and the flexibility allowed by the response time 90 percent achievement rate, the response time is considered to substantially conform with the Fire Department's internal standards, subject to Fire Department review. Therefore, the Proposed Project would not impair the Emergency Operations Plan more substantially than the Approved Project.

The Proposed Project would include Conditions of Approval, such as ignition -resistant landscaping and code -compliant access roads, which would ensure adequate fire safety and emergency access. The Proposed Project would be required to comply with state and local regulations and requirements to ensure adequate road widths and clearances for emergency vehicles and access. As such, impacts would be less than significant.

As such, the Proposed Project would not result in new impacts or a substantial increase in magnitude of impacts to adopted emergency response and evacuation plans compared to the Approved Project.

Impacts would be less than significant.

Pacific Oaks Commerce Center
The Pacific Oaks Commerce Center is within the proposed FCSP, and development of the Pacific Oaks Commerce Center project would result in 317 fewer jobs compared to the Approved Project.

Therefore, fewer vehicles would need to evacuate at the same time under the Proposed Project, and impacts associated with the Pacific Oaks Commerce Center would be slightly less than those identified for the Approved Project. The Pacific Oaks Commerce Center would include at least two points of ingress/egress from "new street," and "new street" would not be a single access road. The Pacific Oaks Commerce Center would be required to comply with the fire safety and construction features of the proposed FCSP and therefore would not hinder emergency response or result in inadequate evacuation due to construction activities. Therefore, the Pacific Oaks Commerce Center would not result in new or substantially more severe significant impacts in this regard than what was analyzed in the 2008 Certified EIR.

Finding. Compliance with existing PPPs would minimize adverse impacts from wildfires to less than significant levels. The Proposed Project would have a less than significant direct, indirect, and cumulative impact to emergency access and evacuation plans. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 101 -
08/26/2024 City Council Agenda 237

Impact 5.20-2: The Proposed Project would not, due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire. [Threshold W-21
Exposure to Pollutants from Wildfire or Uncontrolled Wildfire Spread FCSP Buildout
The plan area varies from flat to steeply sloped, experiences Santa Ana wind events, and has other factors such as highly flammable grass- and herb -dominated fuels. Under current conditions, wildfires and associated smoke could potentially travel to the plan area and expose existing residents and employment centers in the project area to the uncontrolled spread of wildfire or pollutant concentrations due to slope, prevailing winds, and highly flammable fuels. However, the Proposed Project would not exacerbate these impacts compared to the Approved Project.

As with the Approved Project, the Proposed Project would include similar vegetation management, water, street design, and fuel break features throughout the plan area. Additionally, the California Building Code (CBC), California Fire Code (CFC), and Fire Safe Regulations have been updated since the certification of the 2008 EIR, and therefore the Proposed Project would be required to go beyond the requirements of the Approved Project for vegetation and fuel management in the plan area to reduce wildfire impacts. Furthermore, the Proposed Project would go beyond the code requirements to include an FMZ with an added noncombustible zone, advanced protection measures where 100- foot FMZ is not possible, FMZ inspections, and a Homeowners Association education and outreach program.

Both the Approved Project and the Proposed Project would require grading to change the slopes in the area and place development on relatively flat surfaces, according to the City of Yucaipa Grading Manual. However, this would not change the prevailing winds in the plan area. Grading would be limited to areas designated for buildings, resurfacing, and landscaping. Similar to the Approved Project, development of the Proposed Project would place buildings at the top of slopes, which could exacerbate wildfire risks. However, development of residential, commercial, and industrial structures as part of the Proposed Project would be subject to Chapter 7A of the CBC, which requires ignition - resistant materials and design that would make the structures less prone to exacerbate wildfire risks than the existing structures in the plan area, which were built prior to the stricter building codes for development in Very High Fire Hazard Severity Zones. As such, the Proposed Project would not result in new impacts or a substantial increase in magnitude of impacts compared to the Approved Project.

Impacts would be less than significant.

Pacific Oaks Commerce Center
The Pacific Oaks Commerce Center is within the proposed FCSP, and development of the Pacific Oaks Commerce Center project would be required to comply with the vegetation management, water, street design, and fuel break design features of the proposed FCSP. Additionally, the Pacific Oaks Commerce Center would be required to comply with the most recent versions of the CBC, CFC, Fire Safe Regulations, Yucaipa Municipal Code, and proposed FCSP development standards, which would Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 102 -
08/26/2024 City Council Agenda 238

minimize the potential for ignition and spread of wildfire on the project site. Therefore, the Pacific Oaks Commerce Center would not result in new or substantially more severe significant impacts in this regard than were analyzed in the 2008 Certified EIR.

Finding. Compliance with existing PPPs would minimize adverse impacts from wildfires. to less than significant levels. The Proposed Project would have a less than significant direct, indirect, and cumulative impact to exposure of pollutants from, or spread of, a wildfire. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Impact 5.20-3: The Proposed Project would not require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment. [Threshold W 3] Installation or Maintenance of Infrastructure
FCSP Buildout
Buildout under the Approved Project and Proposed Project would require the installation of new roadways, fuel breaks, emergency water sources, power lines, and other utilities to serve development in the plan area.
■ Roadways. New roadways would connect the various FCSP` uses to the City roadway network.

Both the Approved Project and Proposed Project would create new roadways in Very High Fire Hazard Severity Zone areas to accommodate the new development, along with evacuation and multimodal forms of transportation.

Fuel Breaks. Both the Approved Project and Proposed Project include fuel breaks which would occur in the open space areas of the plan area, along roadways, and within 100 feet of a structure.

The Proposed Project would go beyond what is required in the Fire Safe Regulations and CFC to maintain 100 feet of FMZ where possible in the plan area, including a 5-foot-wide noncombustible Zone A, 45-foot-wide irrigated Zone B, and a 50-foot-wide thinning Zone C. Where a 100-foot FMZ is not possible, the Proposed Project would include dual -pane windows, ember resistant vents, and a 6-foot heat deflecting wall in development.

Emergency Water Sources. Both the Approved Project and Proposed Project would include the installation of fire hydrants and emergency water supplies for construction and operation of the FCSP. This would require the installation of new water conveyance infrastructure in the plan area, which is not currently served by water supplies.

Power Lines. The Approved Project did not include provisions for undergrounding power lines.

However, the Proposed Project would underground power lines throughout the plan area for fire safety purposes, in compliance with Development Code requirements.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 103 -
08/26/2024 City Council Agenda 239

■ Other Utilities. Development under both the Approved Project and Proposed Project would require the installation and maintenance of water systems, septic or sewer systems, internet infrastructure, and stormwater systems throughout the plan area.

These types of improvements would involve temporary construction and result in changes to existing conditions under both the Approved Project and Proposed Project. The installation of roadways, power lines, and other utilities could increase the risk of wildfire. However, the power lines and other utilities would be installed underground and therefore minimize the risk of wildfire under the Proposed Project compared to the Approved Project. Additionally, the implementation of fuel breaks and stricter FMZs would ensure that accidents and sparks from roadways under the Proposed Project would decrease fire risks compared to the Approved Project.

Furthermore, compliance with the most recent CBC, CFC, Fire Safe Regulations, and Yucaipa Municipal Code, would ensure construction and operation of the Proposed Project would minimize the ignition and spread of wildfires due to infrastructure. These State and local regulations are stricter than those evaluated under the Certified 2008 EIR. The Proposed Project would not require the installation or maintenance of associated infrastructure that would result in new or substantially more severe fire risk when compared to the 2008 Certified EIR. Impacts would be less than significant.

Pacific Oaks Commerce Center
The Pacific Oaks Commerce Center is within the proposed FCSP, and development of the Pacific Oaks Commerce Center project would include the installation of similar roadways, fuel breaks, emergency water sources, power lines, and other utilities as the proposed FCSP. The Pacific Oaks Commerce Center would be required to comply with the most recent versions of the CBC, CFC, Fire Safe Regulations, Yucaipa Municipal Code, and proposed FCSP development standards, which would minimize the potential to exacerbate fire risks and would not result in temporary or ongoing impacts to the environment. Therefore, the Pacific Oaks Commerce Center would not result in new or substantially more severe significant impacts in this regard than were analyzed in the 2008 Certified EIR.

Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 104 -
08/26/2024 City Council Agenda 240

Impact 5.20-4: The Proposed Project would not expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post -fire slope instability, or drainage changes. [Threshold W 4] Post -Fire Exposure to Flooding or Landslides
FCSP Buildout
The plan area contains a 100-year and 500-year floodplain along Yucaipa Creek and Oak Glen Creek in the northern portion of the project site, the southern portion of the plan area is highly susceptible to landslides, and the northern portion of the plan area is moderately susceptible to landslides. The high landslide susceptibility areas coincide with lands designated as Very High Fire Hazard Severity Zones.

Both the Approved Project and the Proposed Project would include commercial and residential development within the floodplain; however, the Proposed Project would include more open space lands within the floodplain. The plan area is not in the inundation zone of any dams, and no surface water bodies pose a flood hazard to the plan area due to a seiche. Similar to the Approved Project, the Proposed Project would be required to meet federal floodplain regulations, County and local approval agency regulations on floodplain and floodway management, and Developmental Standards that ensure floodplain regulations are taken to provide safety, promote public health, and minimize public and private economic losses in flood prone areas. Similarly, both the Approved Project and Proposed Project would include development in areas of high landslide susceptibility.

The Proposed Project would be required to comply with the most recent version of the CBC and Yucaipa Municipal Code, including development standards required by the Floodplain Safety Overlay District and the Geologic Hazard Overlay District. These regulations would ensure fire-, floodplain-, and landslide -resilient construction, and therefore would reduce the potential for post -wildfire flooding or landslides downstream or downslope compared to the Approved Project. Additionally, compliance with the City of Yucaipa's grading manual would minimize landslide hazards. Management of stormwater and erosion controls during construction and operation of the Proposed Project would prevent downslope or downstream flooding or landslides as a result of runoff, post -fire slope instability, or drainage changes compared to the Approved Project.

The Proposed Project would not result in new impacts or a substantial increase in magnitude of impacts when compared to the 2008 Certified EIR. Impacts would be less than significant.

Pacific Oaks Commerce Center
The Pacific Oaks Commerce Center project site is not within a 100-year of 500-year floodplain, however, the project site is highly susceptible to landslides. The Pacific Oaks Commerce Center would be required to comply with the most recent versions of the CBC, Yucaipa Municipal Code, and proposed FCSP development standards, which would minimize the potential of post -fire slope instability causing downslope or downstream flooding or landslides. Compliance with applicable floodplain regulations would minimize flood hazards associated with the Pacific Oaks Commerce Center, and compliance with the City of Yucaipa's grading manual would minimize landslide hazards.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 105 -
08/26/2024 City Council Agenda 241

Therefore, the Pacific Oaks Commerce Center would not result in new or substantially more severe significant impacts in this regard than were analyzed in the 2008 Certified EIR.

Finding. Compliance with existing PPPs would minimize adverse impacts from wildfires to less than significant levels. The Proposed Project would have a less than significant direct, indirect, and cumulative impact to post -fire exposure to flooding or landslides. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.

C. FINDINGS ON SIGNIFICANT ENVIRONMENTAL IMPACTS THAT CAN BE

REDUCED TO A LESS THAN SIGNIFICANT LEVEL
The following summary describes impacts of the Proposed Project that, without mitigation, would result in significant adverse impacts. Upon implementation of the mitigation measures provided in the EIR, these impacts would be considered less than significant.

1. Aesthetics
Impact 5.1.4: Implementation of the FCSP could expose people on- or off -site to substantial light and glare which would adversely affect day or nighttime views in the area. [Threshold AE-4]
Light and Glare
Support for this environmental impact conclusion is fully discussed in Section 5.1, Aestbetics, and in particular, starting on page 5.1-11 of the SEIR.

FCSP Buildout
Sources of light in the plan area are currently limited given the predominantly undeveloped nature of the area. As with the Approved Project, the Proposed Project would include Residential, Regional Commercial, Business Park, Public Facilities, and Open Space uses, plus Agro-Commercial Tourism uses. Light sources would predominantly be from vehicle lights, exterior lights, landscaping lights, and security lights. Chapter 5, Design Guidelines, of the FCSP, includes sign regulations and outdoor lighting provisions that would reduce light impacts, such as directing and shielding light sources.

Pursuant to the Specific Plan, outdoor light fixtures that provide nighttime safety and security are required to conserve energy, protect the night sky, and minimize glare and light trespass within and beyond the project site. Additionally, before issuing any sign permits, the FCSP Update requires preparation of a Master Sign Program for nonresidential uses for review and approval by the Community Development Director, which would also have the potential to minimize light and glare impacts.

In comparison to the Approved Project, the light sources of the Proposed Project would be similar.

The 2008 Certified EIR included Mitigation Measures AES-1 and AES-2, which require the review of lighting and signage plans and discourage the use of highly reflective materials and would be Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations -106 -
08/26/2024 City Council Agenda 242

implemented under the Proposed Project. Therefore, impacts would be potentially significant without implementation of Mitigation Measure AES-1 and AES-2.

Pacific Oaks Commerce Center
Development of the Pacific Oaks Commerce Center would result in business park uses that would include various light sources (exterior lights, security lights, vehicular lights). Proposed buildings would include glazing, windows, and signs. The Pacific Oaks Commerce Center project would be required to comply with the lighting standards of the FCSP, including sign regulations and the nonresidential design guidelines for site planning and outdoor lighting. The Pacific Oaks Commerce Center project would be required to implement Mitigation Measures AES-1 and AES-2, which require the review of lighting and signage plans and discourage the use of highly reflective materials. Therefore, impacts would be potentially significant without implementation of Mitigation Measure AES-1 and AES-2.

Mitigation Measure:

Specific Plan
The following mitigation measure(s) was included in the SEIR and the Final SEIR, and is applicable to the Proposed Project. The measure(s) as provided include any revisions incorporated in the Final SEIR.

AES-1 Prior to issuance of grading permits, lighting plans and signage plans for new development shall be reviewed by the Community Development Department to ensure that minimal light intrusion and spill over into adjacent residential areas occurs.

AES-2 Prior to issuance of grading permits, and during the Specific Plan review process for future development in the Specific Plan site, the Director of Community Development shall ensure that mirrored and highly reflective surfaces are discouraged or, where proposed, shall be accompanied by a design -level glare impact analysis that demonstrates no adverse visual impairment to motorists or other visual nuisance occurs.

Pacific Oaks Commerce Center Project
Implementation of Mitigation Measure AES-1. and AES-2.

Finding:

Changes or alterations have been required in, or incorporated into, the Proposed Project that avoid or substantially lessen the significant environmental effect as identified in the SEIR. These changes are identified in the form of the mitigation measure(s) above. The City of Yucaipa hereby finds that implementation of the mitigation measure(s) is feasible, and the measure(s) is therefore adopted.

Rationale for Finding
Light and glare sources are currently limited because of the predominantly undeveloped nature of the plan area. The design guidelines in Chapter 5 of the FCSP include provisions for outdoor lighting and signs, and Mitigation Measures AES-1 and AES-2 require the review of lighting and signage plans and Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 107 -
08/26/2024 City Council Agenda 243

discourage the use of highly reflective materials. Implementation of the FCSP design guidelines and Mitigation Measures AES-1 and AES-2 would reduce impacts to less than significant.

2. Air Quality
Impact 5.3-5: Operation of the Proposed Project would expose sensitive receptors to substantial pollutant concentrations of criteria air pollutants and toxic air contaminants. [Threshold AQ-3]
Construction -Phase LSTs and TACs
Support for this environmental impact conclusion is fully discussed in Section 5.3, AirQuality, and in particular, starting on page 5.3-49 of the SEIR.

FCSP Buildout
Operational Phase LSTs
Land uses that have the potential to generate substantial stationary sources of emissions or would require a permit from South Coast AQMD include industrial land uses, such as chemical processing, and warehousing operations, where substantial truck idling could occur on -site. On -site emissions include truck maneuvering and idling, Transport Refrigerant Units (TRUs), and diesel -powered forklifts and yard trucks.

As shown in Table 5.3-13, FCSP Maximum Daily Regional Operation Emissions, of the Draft SEIR, compared to the Approved Project, the Proposed Project would result in a net decrease in long-term emissions for all criteria air pollutants—VOCs, NOx, CO, S02, PMio, and PM2.5. However, because the Proposed Project would introduce warehousing under the FCSP, it could result in exposing nearby sensitive receptors to substantial pollutant concentrations of criteria air pollutants.

Based on the screening -level LST analysis prepared for the Pacific Oaks Commerce Center warehouses (see Table 5.3-20, Pacific Oaks Commerce Centerl ocali�Zed On -Site Operational Emissions, of the Draft SEIR), operation of a warehouse could potentially exceed the screening -level LST for PM2s. Therefore, localized impacts from the warehousing uses would be potentially significant.

Operational Phase Toxic Air Contaminants
Land uses that generate more than 100 truck trips per day have the potential to substantially increase TAC concentrations and health risks at off -site sensitive land uses within 1,000 feet of the facility.

Operation of the warehousing uses could generate DPM emissions from diesel truck activity, TRUs, and diesel -fueled off -road equipment in proximity to the nearby off -site sensitive receptors outside of the FCSP. For the operational Health Risk Assessment (HRA), all forklifts and yard trucks were assumed to be diesel fueled, however, industrial warehousing projects typically utilize nondiesel-fueled forklifts. Therefore, the operational HRA presents a very conservative estimate of potential health risks to the surrounding community. As shown in Table 5.3-19, Proposed Project Operational Health Risk Assessment Results, of the Draft SEIR, carcinogenic risks of 156.5 in a million would substantially exceed the adjusted cumulative significance threshold value of 5 in a million for the MEIR. in the vicinity of Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 108 -
08/26/2024 City Council Agenda 244

Yucaipa City CouncilAugust 26, 2024

Yucaipa City Council
August 26, 2024